JOURNAL
OP THE
SENATE
OF THE
STATE OF GEORGIA
AT
THE EXTRAORDINARY SESSION
Commenced at Atlanta, June 6th, 1955 and adjourned June 17, 1955
THE REGULAR SESSION
Commenced at Atlanta, January 9th, 1956 and adjourned February 17th, 1956
1956 LONGINO & PORTER, INC.
HAPEVILLE, GA.
OFFICERS
OP THE
SENATE
1955-1956
PRESIDENT S. ERNEST VANDIVER------------------.....Lieutenant Governor
FRANKLIN COUNTY
G. EVERETT MILLICAN----------.--------..President Pro Tern
FULTON COUNTY
GEORGE D. STEWART--------....................... .----.------Secretary
FULTON COUNTY
LAMONT SMITH------------------------------Assistant Secretary
TATTNALL COUNTY
ERIC HOLMES-..-.---...-.------------------------Reading Clerk
FULTON COUNTY
REBECCA CAUSEY.--.-....-..-..-----------------------Journal Clerk
COBB COUNTY
ANNE DUNCAN-..---.--.------------------------.Calendar Clerk
FULTON COUNTY
ZACK D. CRAVEY, JR.-...---...-.-----------------------.Messenger
FULTON COUNTY
FRANK BLANKENSHIP----------............................... Message Clerk
FULTON COUNTY
HENRY CASTLEMAN--...........................------------.Doorkeeper
FULTON COUNTY
SENATE JOURNAL
Senate Chamber, Atlanta, Georgia, Monday, June 6, 1955.
Pursuant to a proclamation of His Excellency, Governor Marvin Griffin, the Senate met in extraordinary session in the Senate chamber at 11 o'clock this day and was called to order by Lieutenant Governor Ernest Vandiver, president of the Senate.
Scripture reading and prayer was offered by Rev. Tom Hardeman, Baptist minister of Commerce.
The roll was called and the following senators answered to their names:
Ayers Blalock Chance Clary Davis Dean Dews Florence Garrett Harden Harper Harrison Hollis Housley Jones, 38th Jones, 18th
Jones, 23rd Kelley Lambert Lovett Mann Matthews McBride McDonald Millican Morrison Overby Parker Paulk Ponsell Raulerson Reynolds
Richardson Ricketson Roop Seagraves Shurling Steis Strickland Toms Turner Ursrey Waters Wetherington Wilkins Wood Zellner
The following proclamation convening the extraordinary session was read by the secretary:
CERTIFICATE
This is to certify that the attached is a true and correct copy of the Procla mation issued by Governor Marvin Griffin, convoking the General Assembly of Georgia into Extraordinary Session at 11:00 o'clock A.M., EST., on Monday, June 6, 1955 for purposes designated.
Ben W. Fortson, Jr.,
Secretary of State.
(Seal)
6
JOURNAL OF THE SENATE,
A PROCLAMATION BY
HIS EXCELLENCY
GOVERNOR MARVIN GRIFFIN
OF
THE STATE OF GEORGIA
CONVENING THE GENERAL ASSEMBLY OF GEORGIA
IN EXTRAORDINARY SESSION
WHEREAS; The General Assembly of Georgia at its 1955 Session, realizing that the expanded programs of State services of education, highways, health, and welfare could not be .continued without additional revenue, created a State Programs Study Committee to study the operations of the State government and its fiscal structure and condition and to make recommendations to the Governor and the General Assembly of a program for meeting the fiscal needs of the State on a long-range basis, so as to eliminate the recurring and periodic financial crisis in the operation of the State government and to meet the present shortage of revenue to carry on the essential and important functions of the State, and
WHEREAS: This Committee, composed of the Governor, Lieutenant Gov ernor, Speaker of the House of Representatives, three members of the House of Representatives, two members of the Senate, Attorney General, State Auditor, Commissioner of Revenue and ten outstanding citizens of this state, representing agriculture, business, consumers, county government, financial institutions, indus try, labor, municipal government, parents, veterans and the press, have conducted a thorough study of the fiscal operations of the State in compliance with the resolution of the General Assembly adopted in regular session in 1955, and after diligent, painstaking and patient analysis of the financial problems of the vari ous departments of the State government reached the conclusion and recom mended that immediate steps be taken by the Governor and the General Assembly of Georgia to prevent a breakdown in the continuation of the expanded State programs of education, highways, health and welfare services, and to take care of the 30,000 additional children who will enter school in September, 1955 and each year thereafter, and
WHEREAS: The recommendations made by this Committee are of such a nature that an immediate Session of the General Assembly of Georgia is neces sary to consider them, and
WHEREAS: The State Programs Study Committee has found that con siderable additional revenue will be needed in the next four years to meet the expanding needs caused by the growth of the State and the operation of laws now in force and effect, and
WHEREAS: The lack of funds to continue after July 1, 1955, the appro priations being paid the agencies of education, public welfare, public health and highway services from surplus funds, and the lack of additional funds being available to meet the indicated expanding needs of these four main service agencies, will constitute 99% of the State's fiscal problem in each of the next four years, and
WHEREAS: The revenue of the State is insufficient to carry on the present State services now being received by the citizens of this State, thereby creating a grave and serious financial crisis, making it absolutely necessary and essential
MONDAY, JUNE 6, 1955
7
that a course of action be developed and charted for the future financial opera tions of the State prior to the beginning of a new fiscal year on July 1, 1955, so that State services to the people of Georgia can be carried on without disrup tion, and
WHEREAS: Insurmountable difficulties will confront the public schools and colleges of the State if we are forced to adhere to the level of expenditures of the present budget during the coming fiscal year, and
WHEREAS: Georgia is in grave danger of losing Federal Aid highway funds becoming available during the next fiscal year beginning July 1, 1955, and
WHEREAS: Serious needs confront the State government in the operating and staffing of the Eugene Talmadge Memorial Hospital at Augusta, and
WHEREAS: The population at the Milledgeville State Hospital and Battey State Hospital is increasing at the rate of several hundred per year over and above the number being discharged, and
WHEREAS: Next year 12,000 additional Georgians will become eligible for welfare assistance over and above those presently on the rolls, thus creating an immediate need for funds in this field, and
WHEREAS: Unless additional revenue is immediately made available, the education, highway, health and welfare service programs of the State will have to be cut and curtailed to such an extent that the State will suffer irrepairable damage and loss of progress in these fields of government, which are so essential to the welfare, prosperity and happiness of our people and which have so long strived to achieve, and
WHEREAS: The next regular session of the General Assembly will not meet in time to relieve these grave and impending financial problems and the Governor being powerless to raise the additional needed revenue to meet this threatened disaster to the education, highway, health and welfare service pro grams of the State, and
WHEREAS: The Committee has proposed certain economies which are cal culated to result in an impressive amount of long-range savings to the taxpayers, they are not of such a nature as can be accurately estimated at this time, nor are they sufficient in amount to fill a fraction of the proven needs as far as our schools, colleges, institutions, welfare benefits and highways are concerned, and
WHEREAS: It was recommended by the Study Committee that relief be afforded counties and municipalities in their financial plights, and
WHEREAS: The foregoing situation gives rise to an extraordinary occa sion requiring immediately, positive and decisive action on the part of the legis lative branch of our government.
NOW, THEREFORE, pursuant to the report and recommendations of the State Programs Study Committee created by the General Assembly of Georgia and under and by virtue of the power and authority conferred upon me by the Constitution of this State as set forth in Article V, Section I, Paragraph XII, I, Marvin Griffin, Governor of Georgia, do hereby convoke and call a meeting of the General Assembly of this State in extraordinary session at Eleven o'clock A.M., Eastern Standard Time, on Monday, June 6, 1955, for the purpose of con sidering and enacting laws by revision, repeal, amendment or otherwise, relating only to the purposes and objects specifically stated as follows, which are con cluded by me as chief executive of this State to be of sufficient importance to
8
JOURNAL OF THE SENATE,
demand the necessity of such extraordinary session of the General Assembly of Georgia, to-wit:
1. Enactment of and changes in revenue, license and tax laws of the State of Georgia.
2. Enactment of laws making it optional for counties to reduce homestead exemptions to the legal minimum of $1,250.00.
3. Enactment of laws to give municipalities the right to levy a gross re ceipts or payroll tax of not over one-half of one per cent.
4. Enactment of laws to authorize the various counties of the State to assess license fees against carnivals, circuses, road shows, tent shows and any and all other itinerant shows and entertainments.
5. Enactment of and changes in laws relating to education and school laws.
6. Enactment of laws providing for salary schedules for teachers in the public schools of Georgia, distribution of State Aid Funds for education purposes to the local school systems and other related purposes.
7. Enactment of laws to authorize the establishment of Georgia State War Veterans' Homes, such Homes to be operated in conjunction with adjacent estab lished facilities at Milledgeville State Hospital and Battey State Hospital. The purpose for which they are to be established is to qualify the State of Georgia or any veteran to receive Federal funds which are available under existing Acts of the Congress of the United States or which might be enacted subsequently.
8. Enactment of laws permitting automobile manufacturers to sell 1956 and later model motor vehicles in Georgia equipped with the newly designed sealed beam head lamps, which will have to be omitted from cars sold in Georgia unless suitable amendments are made in present State law governing automobile head lamps. This item is included in the call so that the motoring public of Georgia will not lose the benefit of the new engineering development afforded by these new lamps.
9. Enactment of laws setting up a separate school tax digest and providing for a method of equalizing local support of education.
10. To consider and take appropriate action amending the laws pertaining to local tax officials and to the State Department of Revenue, with reference to property tax, including public utility property, so that each of the officials shall be required to maintain a separate property tax digest for educational pur poses and that they be authorized to assess all property for school purposes at not less than 50% of the true current market value.
Given under my hand and the Great Seal of the State of Georgia, at the City of Atlanta, on this 2nd day of June, in the year of Our Lord, one thousand nine hundred and fifty-five.
Marvin Griffin
GOVERNOR
BY THE GOVERNOR:
Ben W. Fortson, Jr. SECRETARY OF STATE
GREAT SEAL
MONDAY, JUNE 6, 1955
9
The following resolutions were read and adopted:
SR 1. By Senator Overby of the 33rd:
Be it resolved by the Senate that the Secretary of the Senate notify the House of Representatives, that the Senate has convened in response to the Governor's proclamation convening the General Assembly in extraordinary session.
SR 2. By Senator Overby of the 33rd:
Be it resolved by the Senate, the House of Representatives concurring, 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 notify the Governor that the General Assembly has convened in extraordinary session in compliance with his proclamation and is ready for the trans action of business.
The president appointed on the part of the Senate: Senators Reynolds of the 8th and Mann of the 48th.
SR 3. By Senator Overby of the 33rd:
Be it resolved by the Senate, the House of Representatives concurring1, that the General Assembly convene in joint session in the hall of the House of Representatives at 12 o'clock noon on the 6 day of June, 1955, for the purpose of hearing a message from His Excellency, Gov ernor Marvin Griffin, and 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, be appointed to escort His Excellency the Governor, to the Hall of the House of Representatives.
The president appointed on the part of the Senate: Senators Harden of the 27th and Dews of the 9th.
The following bills were introduced, read the first time and referred to committees:
SB 1. By Senators Overby of the 33rd and Millican of the 52nd:
A bill to amend the "Minimum Foundation Program of Education Act", so as to provide for an audit of school attendance; to provide for the calculation of the cost of local units; to provide for the amount of state aid funds to be allotted; and for other purposes.
Referred to the Committee on State of Republic.
SB 2. By Senators Overby of the 33rd and Millican of the 52nd:
A bill to provide for a separate school digest in each county and municipality that maintains an independent school system for tax pur poses; to provide for increases in the valuation of property on the school tax digest as the county or independent school system board of education shall determine necessary to increase the valuation of the property on the school tax digest to at least 50% of the actual current
10
JOURNAL OP THE SENATE,
fair market value; to provide for a public utility county and municipal school tax digest of public utility property returned to the State Reve nue Commissioner; and for other purposes.
Referred to the Committee on State of Republic.
The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
I am instructed by the House to notify the Senate that the House has met in extraordinary session pursuant to the call of His Excellency, Governor S. Marvin Griffin, and is now ready for the transaction of business.
The House has adopted the following resolution:
HR 2. By Mr. Groover of Bibb:
A resolution providing for the appointment of a committee of five to notify the Governor that the General Assembly has convened in extra ordinary session and is now ready for the transaction of business.
The Speaker appointed the following members as a committee on the part of the House: Messrs. Hawkins of Screven, Odom of Camden, and Sheffield of Brooks.
The House has adopted the following resolution:
HR 5. B Mr. Groover of Bibb:
A resolution inviting the Governor to address a joint session of the General Assembly, and providing for the appointment of a committee of escort; and for other purposes.
The Speaker appointed the following members as a, committee of escort on the part of the House: Messrs. Blalock of Clayton, Mincy of Ware, and Ramsey of Effingham.
The following resolution of the House was read and adopted:
HR 5. By Mr. Groover of Bibb:
A resolution inviting the Governor to address a joint session of the General Assembly, and providing for the appointment of a committee of escort; and for other purposes.
The hour of convening the joint session of the House and Senate having arrived, the president, accompanied by the secretary and the senators, pro ceeded to the hall of the House of Representatives and the joint session called for the purpose of hearing an address by His Excellency the Governor, was called to order by Lieutenant Governor Ernest Vandiver, president of the Senate.
The resolution convening the joint session was read by the secretary.
MONDAY, JUNE 6, 1955
11
The Governor addressed the General Assembly as follows:
LT. GOVERNOR VANDIVER, SPEAKER MOATE, DISTINGUISHED MEMBERS OF THE GENERAL ASSEMBLY AND MY FELLOW GEORGIANS:
We are meeting here today in an extraordinary legislative session, the suc cess of which will determine the rate of Georgia's economic progress in the years to come.
It had been my hope that it would not be necessary to summon you here before next January. I would not have done so except under grave circumstances of clear and impelling necessity.
Your willingness to serve your State at this busy season is but another indication of devotion to duty which the members of your honorable body have demonstrated so well in times of crisis in the past.
As you recall, at our January session this year, I asked you to create a State Programs Study Committee to advise me and the General Assembly as to the conditions and needs of the various departments of the State; what sound economics could be made in their operation, and what could be done in solving our budget and fiscal problems.
This committee has now reported after months of painstaking and thorough application to its task.
Everyone of us who served as members of this group can speak now far more intelligently about the activities of the various departments and agencies of the state than we could before we undertook our task. I know this is true as far as I am concerned, and I am sure the same holds true for all other members.
The report of the Committee deserves most serious consideration. I say this because it is the fairest, most non-political and constructive document I have seen ever submitted by a public body considering such matters in my experience.
We held no pre-conceived ideas when we began our work, except doing what is best for the people of the State as a whole.
I am happy to say that no bickering marred our efforts, but a harmonious desire prevailed to carry the government forward and to prevent any breakdown of state services in the future.
All of us have witnessed the economic gains which have been made under an expanded program of State services. True, it has meant greater sacrifices, but the result has been higher incomes for all our people and a greater degree of human security for both urban and farm families in Georgia.
The record of total accomplishments shows that we have made strides during the last five years far beyond all expectations.
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JOURNAL OF THE SENATE,
Business indices prove that we are well along the way toward taking our proper place as a leader among the most progressive states of the Union.
Value of goods produced by our industries during the last five years is up over a half billion dollars. Plant payrolls have risen another $150 million dollars annually in the same period. This economic expansion has created 100,000 new jobs for Georgians.
Our population has gained nearly a quarter million since the last census in 1950, and is expected to top 4 million within ten years.
Motor vehicle registration, in the last five years, shows that 250,000 addi tional cars and trucks are now in use on our highways.
All of these statistics I cite to demonstrate we are growing rapidly. We must give thought at this time to what we can do to insure a continuation of this forward movement.
If we plan and work, we will see built here more than 2,500 new industrial plants in the next decade, costing in excess of $150 million dollars, and affording new employment opportunities to over 200,000 Georgia workers.
These added factories will bring about a half billion dollars in additional payrolls to stimulate the state's economy.
With such prospects as these, it is certain that vast new markets will be created for the products of our farms. There will be more mouths to feed and more dollars through increased earning capacity to buy farm commodities.
Experts predict that within our grasp is a multi-billion dollar market for farm and consumer products that we can see realized in the next ten years.
The question now is whether we are proud of this progress and whether we will take advantage of the challenge that presents itself to us?
As for me, I am not content to sit idly by and let one of the most golden eras of opportunity in the economic history of the nation be lost to our people in Georgia.
My administration will pursue a confident course in tune with the tempo of the times.
We will act constructively and we will be aggressive to see that Georgia attains the summit of strength and importance so that her people can enjoy happier, fuller and more prosperous lives.
Knowing you; having worked with you; having visited with you and your families in your homes; having been associated intimately with you in many worthy causes; and having firsthand knowledge of the sturdy fibre of which you are made, the courage you possess and the deep love you hold for Georgia and her people, I am certain that you are ready to take your places at my side. We will fight this battle together to achieve here a way of life for our people
MONDAY, JUNE 6, 1955
13
that yields to no other in its bright prospects and in its rewarding experiences.
In assaying the financial condition of the State, one has to take into account several factors.
First and foremost, in the fiscal year ending June 30th, your State govern ment is allocating for all operations $241 million dollars, while total income for the same year has been estimated to be about $231 million dollars.
However, the Department of Revenue has intensified its collections under existing laws and we are hopeful, will collect enough money money during the next fiscal year to balance the present rate of expenditures.
Assuming this premise, then we reach the conclusion that unless added State income is forthcoming, I will be forced to freeze allocations to ALL depart ments at the prevailing level.
In other words, that means we will have to operate on $241 million dollars in spite of the increase in funds needed to carry forward already established programs and to satisfy essential needs.
We will not have any surplus to fall back on under these circumstances. But, this feat of tightened collections leaves us exactly where we are now with no thought or provision for the coming fiscal year and those in the immediate future.
Therefore, we must consider what the effect will be on the functions of the various departments of the State if we are forced to halt normal expansion of the budget and hold it to current levels during the 1955-56 fiscal year beginning July 1st of this year.
My purpose today is to present the facts to you as best I know how.
Please bear in mind during the course of what I am about to say about schools, colleges, highways, welfare and health, that the job we are undertaking to do is literally on behalf of your county and your local governments.
Keep this fact before you for it is in your county's interest and the interest of your people that we are meeting here.
When we consider budget matters in this State, we must not overlook the fact that Georgia provides over half her total income for education and expends over 91 per cent of her budget on the four departments--education, highways, health and welfare.
These four major departments present over 99 per cent of the problems we face in State financing.
Let's take up, one by one, the four major departments and see for ourselves the crippling results that will befall their vital programs if we are forced to adhere to the level of expenditures of the present budget in the coming fiscal year, beginning July 1st.
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JOURNAL OP THE SENATE,
Take the public schools and colleges, for instance. Such a situation would wipe out a substantial part of the long-sought gains we have made.
This means that our children, as well as all the rest of us, will suffer in the future.
Specifically, how does this shortage of funds effect our public schools?
1--Next year we will be unable to provide for 30,000 additional first grade children. This number will accumulate to 120,000 in the next four years.
2--We will be forced to tell school officials that the 1150 additional teachers needed for these children will not be available for the forthcoming school year.
3--We will be forced to notify county school superintendents that no extra transportation will be available to carry students to the new con solidated high schools.
4--You anid I will be forced to break faith with the teachers of Georgia. We will have to tell them we are sorry but that we cannot maintain even the present salary scale. We will be forced to face the certain result of losing many of our better teachers and not being able to attract qualified educators in their places.
5--Even more cruel and heartless, we will have to tell thousands of Georgia children along the 1200 bus routes that will be needed over the next three years, that these buses cannot be provided for them.
6--Though we have spent two hundred million dollars for new school buildings, we have no alternative but to say to local officials that no addi tional operating funds can be supplied to help pay for extra maintenance, heat, sanitary supplies, lights, water, janitor and other services occasioned by more adequate physical facilities.
7--It will not be possible to implement laws already on the books calling for sick leave for teachers and eliminating the present unfair- and discrimi natory delay in alloting State education funds based upon current attendance. Here's what we can expect in our colleges:
1--We will continue to be embarrassed by the dubious honor of being the lowest State in the South in per capita appropriations per student.
2--We may see several units in our University System, including the Atlanta Division, dropped from the accredited list for not meeting minimum standards of required state support.
3--Next year, we would have the heartbreaking responsibility of trying to keep our colleges open on the same money the Board of Regents received when it had an enrollment in the University System of 6,000 less students.
4--Tuition, already too high, would have to be raised.
5--Old buildings, now literally falling apart at the seams on many of our college campuses, would not r.eceive even routine maintenance.
6--Twenty million dollars worth of new structures would suffer the same fate if we are not able to maintain them properly.
MONDAY, JUNE 6, 1955
15
7--Exodus of top-flight professors to neighboring states and private employment for higher salaries could not be stemmed.
8--Agricultural Extension Services and Experiment Station work for nearly 2 million farm people in Georgia would suffer serious curtailment.
9--No new buildings of any kind could be erected.
All of these things would occasion a critical limitation next year in the scope and quality of higher education offered by the University System to the youth of Georgia.
It is a lapse of responsibility that our State cannot afford to see come to pass.
Next, let us consider what will happen if the Highway Department is forced to operate on its current appropriation:
1--Georgia will be unable to match $6% million dollars in additional federal aid due July 1st of this year.
2--It will be impossible to implement fully the rural roads authority act as contemplated.
3--All contracts carried out by county work forces will have to be eliminated.
4--State-force heavy equipment now being used for large-scale main tenance and reconstruction throughout the State will be de-activated.
5--State funds available must be spread thin, matching as much federal aid as possible for primary construction, and what is left, for decreased maintenance.
6--And, unfortunately, unless more State money is forthcoming, we will be forced to continue the same old short-sighted practice of diverting millions in highway user revenues to other than road building programs.
Our consideration of matching federal aid for highways, should take into account federal law now in operation; the new act to become effective, July 1, this year and proposed legislation now pending in Congress.
Under the Federal Aid Act for roads during the present fiscal year, Geor gia is receiving a little over $13 million dollars annually, which she is matching on a fifty-fifty basis.
Beginning July 1st, the federal government will provide $20% million dol lars each year during the next two fiscal years under another act which has already been passed. This will, of itself, require $6% million dollars more each year in State matching funds.
Just recently, the U. S. Senate passed the so-called "Gore Bill" calling for vast increases in federal grants for Georgia over the next six years, ranging from over $45 million dollars in 1956-57 to nearly $69 million dollars in 1961-62. State funds to be required under the Gore Bill, will range from a little in excess of $24 million dollars in 1956 to nearly $27 million dollars in 1961.
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So, you can see that if the proposal sponsored by Senator Albert Gore passes the Federal House of Representatives, as it already has passed the U. S. Senate, we will lose over $175 million dollars during the next six years due to our present inability to provide the necessary State matching funds.
Taking into account the condition of our through highways and encouraging prospects for future large-scale federal aid, we must exert every effort to see that Georgia is not laggard in taking full advantage of these expanded highway programs.
Now, what about the future of our health department in view of the State's fiscal condition?
1--We face the prospect of having to tell our health workers and pros pective new industries that Georgia is content to remain at a standstill in the fight against disease.
2--The long-sought goal of carrying public health service to every rural county in the state will be still for the dim, distant future.
3--Expansion at Battey Hospital would have to be halted. This would force turbercular fathers and mothers to live in the same house, exposing their children to this disease, instead of receiving the services of this fine institution. That is one terrible result.
4--Just as tragic would be the consequence of not being able to open the doors of the $15-million-dollar Eugene Talmadge Memorial Hospital Medi cal Center at the University Medical School in Augusta. This would deny the benefits of these modern facilities to the sick who need its care and to the young doctors and nurses whose training it will afford.
Let us look at the Welfare Department and its future. Comparable problems confront us in the administration of our assistance programs; in the operation of Milledgeville State Hospital and in other institutions under the department's supervision. Here are some of them:
1--For instance, we face the dire prospect at Milledgeville State Hos pital of offering inferior services to the whole patient population there because of a constantly rising enrollment of over 400 mentally ill Georgians who are being admitted each year to the institution over and above the num ber being discharged in the same periods.
2--Similar difficulties on a lesser scale confront us at the training schools and other welfare institutions.
3--Three badly needed new buildings, almost completed, located at Mil ledgeville, Adamsville, and Gracewood, cannot be staffed and occupied unless funds are forthcoming to operate them.
4--Welfare assistance, bringing pensions to 152,250 needy aged, blind, dependent children and totally disabled, must be reduced 20 per cent in the next two years to make room for an additional 12,708 persons becoming eligible for benefits in accordance with federal regulations which cannot be changed.
If we fail to do our part to take full advantage of welfare benefits offered under the cooperative federal-state-county program, the result will be a $75
MONDAY, JUNE 6, 1955
17
million dollar loss in federal funds to our needy people, who deserve help the most, over the next four-year period.
Under the present $63-million dollar annual assistance program in force in our State, 70 per cent comes from Washington, 26 per cent from the state and 4 per cent from the county treasuries.
I believe that as long as the federal government is furnishing such a gen erous part of these grants, it is good business to get back as much of our tax money from Washington as we can for our people.
It is certain, if we do not, other States will take advantage of this money which should be coming to Georgia.
I have sought to lay before you the pressing and essential needs of the "Big Four" departments, as determined by the State Programs Study Committee resulting from its three months of deliberations.
I have not over-emphasized the gravity of the financial plight in which your State government finds itself, nor have I sought to minimize the obstacles we face.
On the contrary, I have made an earnest effort to present the facts to you, with the firm realization that armed with truth, your actions will be just.
As far as the committee and your governor are concerned, we have sought diligently to perform a lasting and constructive service for the people. I am sure that those of you who have read the transcripts of our meetings know that the committee was composed of a representative group of citizens and that their final conclusions were arrived at after many concessions and compromises on the part of all for the good of the State.
No holds have been barred.
There have been no ifs, ands or buts.
Only one criterion governed our actions and it can be summed up in one question:
"WHAT IS BEST FOR GEORGIA?"
Answering this question, the committee has recommended that the adminis tration and the General Assembly raise an additional $65 million dollars for the next fiscal year over and above the present $240 million dollar budget, for the purpose of meeting the minimum needs I have outlined to you.
How does the committee, after careful study and deliberation, propose that this $65 million dollars in new revenues be distributed?
FIRST, $26% million more for public schools next year.
SECOND, an $8% million additional outlay for the University System of Georgia.
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JOURNAL OF THE SENATE,
THIRD, $1% million more for teacher retirement. FOURTH, $20% million additional for highways. FIFTH, a $2% million hike in public health and State hospital operation. SIXTH, $4 million more for pensions and institutions; and, SEVENTH, only $584,000 for all the other departments in the state government, a negligible increase of less than 1 per cent of the total raises.
I call to your attention that all of the proposed new revenue, except $7 million dollars, either goes to education or highways.
It was not without considerable debate and discussion that the above recom mendations were formulated. Of course, these amounts are scaled down sub stantially from the total $100-million dollar requests made by various departments and agencies.
Only those items absolutely necessary for the proper and efficient operation of the State and maximum effective service to the people have been included.
You will note that of the $65,000,000 figure, 55.9 per cent is provided for educational purposes.
Specifically 99.1 per cent of the total amount sought will go either to the counties for their distribution and administration or to the people in the form of direct benefits and services. The new funds will be spent for teachers' salaries, welfare benefits, health services and highway construction.
This is not money for the Capitol in Atlanta, but it is for your people out in the counties.
A $65,000,000 extension of the present budget will provide only for essen tial expansion. This total was fixed at the lowest possible figure, all unnecessary services having been eliminated.
Adoption of revenue measures adequate to finance the program will make it possible for our counties not only to employ additional teachers, but also, will allow reasonable salary increases for all of them.
Higher salary scales proposed by the committee offer more attractive be ginning salaries and a higher degree of holding power for educators already in the profession in Georgia.
More money will be available for operation, transportation, maintenance and other such items for our counties.
We will be able to protect the accredited standing of our high schools and University System. We will continue to advance the progress which has been made in all these units during recent years.
For Highways, we will match all federal funds coming to Georgia, we will
MONDAY, JUNE 6, 1955
19
carry forward full-scale operation of the rural roads authority, we will con tinue county contracts and we will double the present maintenance and re-con struction program on existing highways.
Let me emphasize that the recommendations of the State Programs Study Committee for increases in outlays for road purposes takes into account only Georgia's needs under presently authorized federal allocations for next year, and does not make provision for any future raises under the terms of the Gore Bill which I have discussed with you previously.
We will extend the health program statewide and we will open the Eugene Talmadge Hospital at Augusta for full operation.
We will not remove any of our needy from the pension rolls, but on the contrary, we will be able to tell those becoming eligible that they will share in these benefits.
We will continue normal expansion in our State mercy institutions. There will be no sleeping on the floor nor turning anyone away who needs treatment.
These are the sound ways this administration and the State Programs Study Committee recommends we utilize additions to the budget.
Determining the minimum amounts of money needed, your committee set about to assay closely .the present revenue structure of the State with a view toward ascertaining fair recommendations for raising the needed funds.
The Committee has made every effort to adapt the requirements of the State to an amount as closely as possible to practical revenue recommendations that can be made at this time.
A careful study of the tax structure of our neighboring states has been made to keep suggested changes in our revenue laws competitive or more favor able than other leading southern states, and fair to both business and individuals alike.
The recommendations take into account projected economies and streamlin ing of state functions, a continuing greater efficiency in the operation of the Department of Revenue and anticipated growth in the economy of the State.
Recommended changes in the Revenue Laws of Georgia to provide funds for financing the program of services as established by the Study Committee, have been embodied in appropriate bills and executive orders. Those requiring legislative or executive action are, as follows:
1--Adjust levy on cigarettes upward from 3^ to 5<f per package, with cigars increased in the same proportion. The Committee estimates this would yield $5 million dollars.
2--Change by Executive Order the State Warehouse Charge on Alco holic beverages from $1.00 to $2.25 per gallon. This order, the Committee says, would provide $4 million dollars.
20
JOURNAL OP THE SENATE,
3--Raise the tax on beer to 4f per bottle or can, and increase bulk sales in proportion; restore wine tax to 1949 Special Act level (continue reduced rate for locally produced wine) ; both of which are estimated to yield $3,800,000.
4--Provide a sliding scale for motor vehicle license fees from $5.00 to $15.00; raise licenses for heavier vehicles approximately 10 per cent. This is estimated by the Committee to yield $6 million dollars.
5--Add one-half cent per gallon to the levy on motor fuel, which it is estimated will bring in an additional $5 million dollars annually.
6--Charge $1.00 per year for drivers' licenses, keeping the honorary license for veterans. Estimated yield here $1 million dollars.
7--Adopt law similar to North Carolina, making fuel and transient trucks subject to Georgia's motor fuel tax, as has been done in other states.
8--Increase rate of insurance premium tax from 2% to 2%% on foreign companies, and increase rate from % of 1% to % of 1% on domestic com panies, for an estimated yield of 1;% million dollars from this source.
9--Extend the sales tax to certain areas of services and tighten loop holes in this levy, which committee estimates would produce another $20% million dollars.
10--Change the method of computing State income taxes for both cor porations and individuals, by eliminating federal income tax payments as deductions. Providing a reduced rate for corporations from 5% to 4%%, and providing increased exemptions for individuals. These reforms, it is thought, will bring in an estimated $18 million dollars.
It was recommended further by members of the State Programs Study Com mittee that relief be given counties and municipalities in their financial strain so as to authorize these subdivisions to exercise the right of home rule in the operation of their respective governments, as follows:
1--The enactment of a law making it optional for counties to reduce the Homestead Exemption to the legal minimum of $1,250.00.
2--The enactment of a law to give municipalities the right to levy a gross receipts or payroll tax of not over % of 1 per cent.
3--The enactment of a law to authorize the various counties of the State to assess license fees against carnivals, circuses, road shows, tent shows and any and all other itinerant shows and entertainments.
Permit me to stress that all of the suggested changes in State Revenue laws in the amounts recommended must be adopted if we are to finance the program recommended by the committee.
This is true especially as regards the educational proposals for the only two items, which will produce sufficient revenue to finance schools and colleges, are the suggested changes in the income tax and sales tax laws.
If these are not enacted to the letter, as recommended by the committee, there will not be enough money otherwise to get the job done. We must not lose sight of this basic fact in our deliberations.
MONDAY, JUNE 6, 1955
21
Commenting briefly on the proposed changes in the method of computing State income taxes, let me observe that the present maximum rate on corpora tions is 5% per cent.
This rate is not out of line with our neighboring states for North Carolina, with its great industrial activity and economic growth, has a corporate rate of 6 per cent and does not allow the federal deduction.
For this reason, I believe the corporate rate should remain at the present level, notwithstanding the fact the federal deduction is eliminated.
Under no circumstances should this rate be reduced under 4% per cent.
Something is wrong when individual income tax payments to the State have increased more than 125% in the last ten years while the total realized from corporate income taxes is up only 30 per cent in the same period.
Let me make it crystal clear, so there can be no misunderstanding on the part of anyone, that my recommendations to you, as governor, for full imple mentation of the report of the study committee are my responsibility.
It is a responsibility I shoulder willingly, with the sure knowledge, that given the support necessary on your part, my administration can do the job.
Throughout the course of meetings held by the State Programs Study Committee, it was the purpose of that body to give each department of the State government the closest scrutiny to assure the people of Georgia, that all monies now provided are being utilized prudently and effectively in the interests of the people of our State.
No major changes involving departmental reorganization have been recom mended that will require legislative approval at this time, although a substantial number of suggestions for effectuating economies through administrative action were included in the committee's report. The latter either have been placed into effect or are in the process of adoption or consideration.
While the economies proposed by the Study Committee are calculated to result in an impressive amount of long-range savings to the taxpayers, they are not of such a nature which can be accurately estimated at this time, nor are they sufficient in amounts to fill even more than a fraction of the proven needs as far as our schools, colleges, institutions, pensions and highways are concerned.
As governor and director of the budget, it will be my purpose throughout the entire course of my administration to see to it that all departments are operated at the highest level of honesty and efficiency.
I am continuing the 6 per cent budget reduction in all departments of the State government placed into effect by my distinguished predecessor.
Two other economy orders, issued by me, will remain in force and effect.
One of them requires submission to the Budget Bureau of a formal request
22
JOURNAL OF THE SENATE,
before any job vacancy may be filled or a new position created. The other requires budgetary approval for out-of-state travel on official business.
Our policy is that all expenditures bring value received for the people and that a day's work is done for a day's pay.
I am determined that we have an administration in this state both friendly to business and a business-like administration.
We will conduct the state government on the same sound fiscal basis you would use in operating your own establishment.
We will insist on sound economies, and at the same time, we will work to enrich further those activities of the State which spur new opportunities for our people.
In the course of this operation, we will maintain inviolate the principle of the sealed bid and will award state contracts only to the lowest and best bidder.
It is important to consider one final aspect of the program recommended to you. If it is adopted and financed in full, it will bring into Georgia over $100 million dollars in federal highway and welfare funds during the next four years over and above the amounts we are receiving today.
In addition to this, the revision in the method of computing Georgia income taxes will transfer over $7 million dollars each year from the federal treasury to the State treasury at a relatively small overall increase to Georgia income taxpayers.
Your Study Committee has done its work well. As governor, I am grateful for the hard work, sacrifice and cooperation on the part of the members of the Committee in working long hours to bring its report to you. Let me commend, too, you members of the General Assembly, who must now deal with the situa tion, for keeping open minds and demonstrating an ever-present willingness to cooperate with the administration.
The challenge we have before us here in Georgia, we share in common with our sister states, which have similar problems.
They are experiencing "growing pains" too.
Time for action at this point is up to you members of the General Assembly.
We can demonstrate our good faith by completing our extraordinary legisla tive session as expeditiously as possible so as to earn the reputation of a hard
working General Assembly and a hard-working administration.
You can depend upon me to labor tirelessly and in harmony with you for the future development and progress of our State, counties and cities.
I am confident that all our citizens, possessing full knowledge of what we
MONDAY, JUNE 6, 1955
23
need to do, will lend their sympathetic support in a mighty united effort to build here an even greater Georgia.
We are resolved to go forward and seize the opportunities which can be ours.
I shall not turn my back on progress.
I shall not desert our children in their hour of need.
I shall not shirk my responsibilities, as your chief executive, in the task of developing fully our God-given human and natural resources.
We look to the horizon of tomorrow with a calm and active faith.
Having worked and sacrificed to help ourselves, relying upon Divine Guid ance, we will see mushrooming before our eyes, a mighty vista of happy, healthy, contented and prosperous people, working and praying together in a happy, healthy, contented and prosperous land.
Senator Overby of the 33rd moved that the joint session be now dissolved and the motion prevailed.
The Senate reconvened in the Senate chamber and resumed the regular order of business.
Senator Overby of the 33rd moved that the Senate do now adjourn and the motion prevailed.
The president announced the Senate adjourned until 10 o'clock tomorrow morning.
24
JOURNAL OF THE SENATE,
Senate Chamber, Atlanta, Georgia, Tuesday, June 7, 1955.
The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the president.
Scripture reading and prayer was offered by Rev. Sewell H. Dixon, associate pastor St. Mark's Methodist Church, Atlanta.
By unanimous consent the call of the roll was dispensed with.
Senator Steis of the 25th 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 Overby of the 33rd 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 and reference of bills and resolutions.
The consent was granted.
The following bills were introduced, read the first time and referred to committees:
SB 3. By Senators Ricketson of the 19th, Millican of the 52nd, Clary of the 29th, Chance of the 51st, Jones of the 23rd, Jones of the 18th, Harden of the 27th, Toms of the 12th, Dean of the 40th, Zellner of the 22nd, Matthews of the 47th, Richardson of the 13th, Wetherington of the 6th, Ayers of the 31st, Harrison of the 17th, Page of the 1st, Overby of the 33rd and Wood of the 49th:
A bill to establish the Georgia State War Veterans' Home; to provide for the control and administration of the Georgia State War Veterans' Home; to establish a Veteran Home Commission; and for other pur poses.
Referred to the Committee on Veterans Affairs.
SB 4. By Senators Morrison of the 15th and Roop of the 37th:
A bill to amend the "Uniform Act Regulating Traffic on highways" so as to provide requirements for multiple-beam road lighting equipment; and for other purposes.
Referred to the Committee on Motor Vehicles.
TUESDAY, JUNE 7, 1955
25
Senate Overby of the 33rd moved that the Senate do now adjourn until 11 o'clock tomorrow morning and the motion prevailed.
The president announced the Senate adjourned until 11 o'clock tomorrow morning.
26
JOURNAL OP THE SENATE,
Senate Chamber, Atlanta, Georgia, Wednesday, June 8, 1955.
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 Rev. Sewell H. Dixon, associate pastor St. Mark's Methodist Church, Atlanta.
By unanimous consent the call of the roll was dispensed with.
Senator Steis of the 25th 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 Overby of the 33rd 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 and reference of 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 bill of the House to wit:
HB 3. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend an act relating to the manufacture, sale and taxation of wine, so as to provide an increase in the excise tax upon domestic wines, foreign wines, and domestic and foreign fortified wines; and for other purposes.
The following bill was introduced, read the first time and referred to committee:
HB 3. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend an act relating to the manufacture, sale and taxation of wine, so as to provide an increase in the excise tax upon domestic
WEDNESDAY, JUNE 8, 1955
27
wines, foreign wines, and domestic and foreign fortified wines; and for other purposes.
Referred to Committee on Finance.
Mr. Ricketson of the 19th District, Chairman of the Committee on Veterans Affairs, submitted the following report:
Mr. President:
Your Committee on Veterans Affairs has had under consideration the fol lowing bill of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
SB 3. Do Pass.
Respectfully submitted,
Ricketson of 19th District,
Chairman.
Mr. Morrison of the 15th 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 Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
SB 4. Do Pass, as amended.
Respectfully submitted,
Morrison of 15th District,
Chairman.
The following bills, favorably reported by the committees, were read the second time:
SB 3. By Senators Ricketson of the 19th, Millican of the 52nd, Clary of the 29th, Chance of the 51st, Jones of the 23rd, Jones of the 18th, Harden of the 27th, and others:
A bill to establish the Georgia State War Veterans' Home; to provide for the control and administration of the Georgia State War Veterans' Home; to establish a Veteran Home Commission; and for other pur poses.
SB 4. By Senators Morrison of the 15th and Roop of the 37th:
A bill to amend the "Uniform Act Regulating Traffic on Highways" so as to provide requirements for multiple-beam road lighting equip ment; and for other purposes.
The following message was received from the House through Mr. Boone, the Clerk thereof:
28
JOURNAL OF THE SENATE,
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House to wit:
HB 9. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to impose a motor fuel tax upon commercial vehicles that use Georgia highways while using motor fuel purchased in another state and from which Georgia has received no revenue; and for other pur poses.
By unanimous consent the following bill was introduced, read the first time and referred to committee:
HB 9. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to impose a motor fuel tax upon commercial vehicles that use Georgia Highways while using motor fuel purchased in another state and from which Georgia has received no revenue; and for other pur poses.
Referred to Committee on Finance.
The following resolution was read and adopted:
SR 4. By Messrs. Matthews of the 47th, Wilkins of the 44th, Ursrey of the 54th, Dean of the 40th, Mann of the 48th and Garrett of the 53rd:
A resolution to request the State Board of Education to eliminate and withhold funds for the operation of certain services; and for other purposes.
The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House to wit:
HB 7. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend the "Motor Fuel Tax Law", so as to increase the excise tax on all distributors of motor fuel; and for other purposes.
HB 8. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend an act known as the General Tax Act, so as to provide an increase in the amount of the gross premium tax to be paid by insurance companies; and for other purposes.
WEDNESDAY, JUNE 8, 1955
2?
By unanimous consent the following bills of the House were introduced, read the first time and referred to committees:
HB 7. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend the Motor Fuel Tax Law, so as to increase the excise tax on all distributors of motor fuel; and for other purposes.
Referred to Committee on Finance.
HB 8. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend an act known as the General Tax Act so as to provide an increase in the amount of the gross premium tax to be paid by insurance companies; and for other purposes.
Referred to Committee on Finance.
Mr. Parker of the 20th 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 man, to report the same back to the Senate as correct and ready for transmission to the House of Representatives:
SR 4.
Respectfully submitted,
Parker of the 20th District,
Chairman.
Senator Overby of the 33rd moved that the Senate do now adjourn until 11 o'clock tomorrow morning and the motion prevailed.
The president announced the Senate adjourned until 11 o'clock tomorrow morning.
30
JOURNAL OP THE SENATE,
Senate Chamber, Atlanta, Georgia, Thursday, June 9, 1955.
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 Rev. H. P. Bell of Atlanta, vice-president of the Georgia Baptist Convention.
By unanimous consent the call of the roll was- dispensed with.
Senator Steis of the 25th reported that the journal of yesterday's proceed ings had been examined and found correct.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
Senator Overby of the 33rd asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading and reference of bills and resolutions. 5. Third reading and consideration of general bills and resolutions.
The consent was granted.
Senator Garrett of the 53rd asked unanimous consent that the following bills of the House be withdrawn from the Committee on Finance, read the second time and recommitted:
HB 3. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend an act relating to the manufacture, sale and taxation of wine, so as to provide an increase in the excise tax upon domestic wines, foreign wines, and domestic and foreign fortified wines; and for other purposes.
HB 7. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend the "motor fuel tax law", so as to increase the excise tax on all distributors of motor fuel; and for other purposes.
HB 9. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to impose a motor fuel tax upon commercial vehicles that use Georgia Highways while using motor fuel purchased in another state
THURSDAY, JUNE 9, 1955
31
and from which Georgia has received no revenue; and for other pur poses.
The consent was granted.
The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House to wit:
HB 12. By Messrs. Moate of Hancock, Groover of Bibb, and Willingham of Cobb:
A bill to authorize the governing authorities of the various counties to regulate and impose a license fee upon carnivals, tent shows, road shows and circuses; and for other purposes.
The following bills of the Senate and House were introduced, read the first time and referred to committee:
SB 5. By Senator Millican of the 52nd:
A bill to amend an act known as the "Old Age Assistance Act" ap proved February 26, 1937, p. 311), as amended by an Act approved February 21, 1951 (Ga. Laws 1951, p. 466), so as to make it manda tory that the director of the State Department of Public Welfare require the local Board of Public Welfare of the county in which a deceased recipient of assistance resided to execute and acknowledge -'' a notice of claim against the estate of such recipient, and to provide that such notice must be filed within 60 days after the death of such recipient; to repeal conflicting laws; and for other purposes.
Referred to Committee on Public Welfare.
HB 12. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to authorize the governing authorities of the various counties to regulate and impose a license fee upon carnivals, tent shows, road shows and circuses; and for other purposes.
Referred to Committee on Finance.
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
32
JOURNAL OF THE SENATE,
of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
HB 8. Do Pass. Respectfully submitted, Garrett of 53rd District, Chairman.
Mr. Harden of the 27th 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 1. Do Not Pass.
SB 2. Do Not Pass.
Respectfully submitted,
Harden of 27th District,
Chairman.
The following bill of the House, favorably reported by the committee, was read the second time:
HB 8. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend an act known as the General Tax Act, so as to provide an increase in the amount of the gross premium tax to be paid by insur ance companies; and for other purposes.
The following general bills were read the third time and put upon their passage:
SB 3. By Senators Ricketson of the 19th, Millican of the 52nd, Clary of the 29th and others:
A bill to establish the Georgia State War Veterans' Home; to provide for the control and administration of the Georgia State War Veterans' Home; to establish a Veteran Home Commission; and for other pur poses.
Senator Millican of the 52nd offered the following amendment:
Amend SB 3, Section 1, subsection 1, line 1, after the word "build ing" the following "or such other building as may be designated by the proper official."
Amend subsection 2, line 1, after figures "17" the following "or such other building as may be designated by proper official".
THURSDAY, JUNE 9, 1955
33
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.
Senator Millican of the 52nd asked unanimous consent that SB 3 be imme diately transmitted to the House and the consent was granted.
SB 4. By Senators Morrison of the 15th and Roop of the 37th:
A bill to amend an act known as the "Uniform Act Regulating Traffic on Highways", etc., so as to provide requirements for multiple-beam road lighting equipment; and for other purposes.
The Committee on Motor Vehicles offered the following amendment:
Amend SB 4, section 113, subsection (c) by striking out the words and figures "January 1, 1955" and substituting the words and figures "January 1, 1956".
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 40, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Millican of the 52nd asked unanimous consent that SB 4 be imme diately transmitted to the House and the consent was granted.
Senator Overby of the 33rd 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 Monday morning.
34
JOURNAL OF THE SENATE,
Senate Chamber, Atlanta, Georgia, Monday, June 13, 1955.
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 Eev. Jack Holcomb, Baptist minister of Atlanta.
The roll was called and the following senators answered to their name:
Ayers Blalock
Brooks Chance Clary Coffin Davis
Dean Dews Dykes Florence Garrett Harden Harper Harrison Hollis Hopkins Housley
Jones, 38th Jones, 18th
Jones, 23rd Kelly Lambert : Lovett Mann
Matthews McBride McDonald Millican Morrison Neel Overby Page Parker Paulk Ponsell
Reynolds
Richardson
Ricketson
Roop
Seagraves
Shurling
Steis
Strickland
Toms
Turner
Ursf ey
Warnell
Waters
Wetherington
Wilkins
;
Wood
Zellner
Senator Steis of the 25th 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 Overby of the 33rd asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading and reference of bills and resolutions. 5. Third reading and consideration of general bills and resolutions.
The consent was granted.
The following message was received from the House through Mr. Boone, the Clerk thereof:
MONDAY, JUNE 13, 1955
35
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House to wit:
HB 6. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend an act relating to the license and excise tax upon the business of dealing in malt beverages; and for other purposes.
HB 14. By Messrs. Floyd of Chattooga, Stripling of Coweta, and many others:
A bill to establish the Georgia State War Veterans Home; to provide for additional facilities; to establish by the Director of the Department of Veterans Service, Welfare and Public Health, and for other pur poses.
HB 1. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend an act creating a Department of Public Safety, so as to provide for expiration dates for drivers licenses; and for other purposes.
The following resolution of the Senate was introduced, read the first time and referred to committee:
SR 5. By Senators Millican of the 52nd and Overby of the 33rd:
A resolution relative to the distribution of highway funds; and for other purposes.
Referred to Committee on Highways and Public Roads.
The following bills of the House were introduced, read the first time and referred to committees:
HB 1. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend an act creating a Department of Public Safety, so as to provide for expiration dates for drivers licenses; and for other pur poses.
Referred to Committee on Finance.
HB 6. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend an act relating to license and excise tax upon the busi ness of dealing in. malt beverages; and for other purposes.
Referred to Committee on Finance.
36
JOURNAL OF THE SENATE,
HB 14. By Messrs. Floyd of Chattooga, Stripling of Coweta and many others:
A bill to establish the Georgia State War Veterans Home; to provide for additional facilities; to establish by the Director of the Department of Veterans Service, Welfare and Public Health; and for other pur poses.
Referred to Committee on Veterans' Affairs.
The following resolution of the Senate was read and adopted:
SR 6. By Senators Millican of the 52nd and Ayers of the 31st:
A resolution providing that a committee of eight members of the Gen eral Assembly be appointed to make a complete study as to what economies can be effected in the operation of the state government, together with recommendations to be made in connection with such economies, and submit their report to the Governor by December 1, 1955 for transmission to General Assembly; and for other purposes.
On the adoption of the resolution the ayes were 43, nays 2 and the resolution was adopted.
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 7. Do Pass. HB 9. Do Pass.
Respectfully submitted, Garrett of 53rd District, Chairman.
Senator Millican of the 52nd asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Public Welfare, read the second time and recommitted:
SB 5. By Senator Millican of the 52nd:
A bill to amend ah act known as the "Old Age Assistance Act" approved February 26, 1937, p. 311), as amended by an act approved February 21, 1951 (Ga. Laws 1951, p. 466), so as to make it mandatory that the Director of the State Department of Public Welfare require the local Board of Public Welfare of the county in which a deceased recipient of assistance resided to execute and acknowledge a notice of claim against the estate of such recipient, and to provide that such
MONDAY, JUNE 13, 1955
37
notice must be filed within 60 days after the death of such recipient; to repeal conflicting laws; and for other purposes.
The consent was granted.
The following bills were read the third time and put upon their passage:
HB 3. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend an act relating to the manufacture, sale and taxation of wine, so as to provide an increase in the excise tax upon domestic wines, foreign wines, and domestic and foreign fortified wines; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 3.
The bill, having received the requisite constitutional majority, was passed.
HB 7. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend the "Motor Fuel Tax Law", so as to increase the excise tax on all distributors of motor fuel; and for other purposes.
Senators Millican of the 52nd and Overby of the 33rd offered the following amendment:
Amend HB 7, Sections 2, 3 4 and 5 by adding after the words "not to exceed five" wherever they appear, the words "and one-half".
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 5.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 9. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to impose a motor fuel tax upon commercial vehicles that use Georgia highways while using motor fuel purchased in another state and from which Georgia has received no revenue; and for other pur poses.
38
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 53, 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 passed by the requisite constitutional majority the following bills of the House to wit:
HB 2. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to levy a tax upon fees, interests, insurance premiums and all other charges of whatever kind collected by persons licensed under the Georgia Industrial Loan Act, and for other purposes.
HB 5. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend an act relating to the levy of tax sales and use of cigars, cigarettes, little cigars, cheroots and stogies; and for other purposes.
By unanimous consent the following bills of the House were introduced, read the first time and referred to committees:
HB 2. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to levy a tax upon fees, interests, insurance premiums and all other charges of whatever kind collected by persons licensed under the Georgia Industrial Loan Act; and for other purposes.
Referred to Committee on Finance.
HB 5. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend an act relating to the levy of tax on sales and use of cigars, cigarettes, little cigars, cheroots and stogies; and for other purposes.
Referred to Committee on Finance.
Mr. Parker of the 20th 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-
MONDAY, JUNE 13, 1955
39
man, to report the same back to the Senate as correct and ready for transmission to the House of Representatives:
SB 3. SB 4. SR 6.
Respectfully submitted, Parker of the 20th District, Chairman.
Senator Overby of the 33rd moved that the Senate do now adjourn until 11 o'clock tomorrow morning and the motion prevailed.
The president announced the Senate adjourned until 11 o'clock tomorrow morning.
40
JOURNAL OP THE SENATE,
Senate Chamber, Atlanta, Georgia, Tuesday, June 14, 1955.
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 Rev. J. Davidson Phillips, pastor First Presbyterian Church, Thomasville, Georgia.
By unanimous consent the call of the roll was dispensed with.
Senator Steis of the 25th reported that the journal of yesterday's proceed ings had been examined and found correct.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
Senator Overby of the 33rd asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading and reference of bills and resolutions. 5. Third reading and consideration of general bills and resolutions.
The consent was granted.
The following resolution was read and adopted:
SR 8. By Senators Harper of the 26th, Zellner of the 22nd:
A resolution extending congratulations to Senator Ayers of the 31st District upon his selection as Georgia Practitioner of the year of 1955.
A resolution, extending congratulations to Senator Overby of the 33rd on his birthday, was read and adopted.
A resolution, extending congratulations to Senator Ricketson of the 19th on his birthday, 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 bill of the House to wit:
TUESDAY, JUNE 14, 1955
41
HB 4. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend an act relating to motor vehicle licenses, so as to in crease the annual fees for the licensing of the operation of vehicles; and for other purposes.
The following bills and resolutions were introduced, read the first time and referred to committees:
SR 7. By Senators Page of the 1st, Overby of the 33rd and Hollis of the 24th:
A resolution providing for distribution of funds raised in extraordinary session of the General Assembly; and for other purposes.
Referred to Committee on Finance.
HB 4. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend an act relating to motor vehicle licenses, so as to in crease the annual fees for the licensing of the operation of vehicles; and for other purposes.
Referred to Committee on Finance.
Mr. Dykes of the 14th 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 recommendation:
SR 5. Do Pass.
Respectfully submitted,
Dykes of 14th District,
Chairman.
Mr. Harrison of the 17th District, Chairman of the Committee on Public Welfare, submitted the following report:
Mr. President:
Your Committee on Public Welfare has had under consideration the fol lowing bill of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
SB 5. Do Pass.
Respectfully submitted,
Harrison of 17th District,
Chairman.
42
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 bills of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 12. Do Pass.
HB 1. Do Pass, as amended.
Respectfully submitted,
Garrett of 53rd District,
Chairman.
Mr. Ricketson of the 19th District, Chairman of the Committee on Veterans Affairs, submitted the following report:
Mr. President:
Your Committee on Veterans Affairs 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 recommendation:
HB 14. Do Pass, as amended.
Respectfully submitted,
Ricketson of 19th District,
Chairman.
The following bills and resolutions, favorably reported by the committees, were read the second time:
SR 5. By Senators Millican of the 52nd and Overby of the 33rd:
A resolution relative to the distribution of highway funds; and for other purposes.
HB 1. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend an act creating a Department of Public Safety, so as to provide for expiration dates for drivers licenses; and for other purposes.
HB 12. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to authorize the governing authorities of the various counties to regulate and impose a license fee upon carnivals, tent shows, road shows and circuses; and for other purposes.
TUESDAY, JUNE 14, 1955
43
HB 14. By Messrs. Floyd of Chattooga, Stripling of Coweta and many others:
A bill to establish the Georgia State War Veterans Home; to provide for additional facilities; to establish by the Director of the Department of Veterans Service, Welfare and Public Health; and for other pur poses.
Senator Garrett of the 53rd asked unanimous consent that the following bill of the House be withdrawn from the Committee on Finance, read the second time and recommitted:
HB 2. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to levy a tax upon fees, interests, insurance premiums and all other charges of whatever kind collected by persons licensed under the Georgia Industrial Loan Act; and for other purposes.
The consent was granted.
Senator Garrett of the 53rd asked unanimous consent that the following bill of the House be withdrawn from the Committee on Finance, read the second time and recommitted:
HB 5. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend an act relating to the levy of tax on sales and use of cigars, cigarettes, little cigars, cheroots and stogies; and for other purposes.
The consent was granted.
Senator Garrett of the 53rd asked unanimous consent that the following bill of the House be withdrawn from the Committee on Finance, read the second time and recommitted:
HB 6. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend an act relating to the license and excise tax upon the business of dealing in malt beverages; and for other purposes.
The consent was granted.
>
The following bills were read the third time and put upon their passage:
SB 5. By Senator Millican of the 52nd:
A bill to amend an act known as the "Old Age Assistance Act" approved February 26, 1937, p. 311), as amended by an act approved February 21, 1951 (Ga. Laws 1951, p. 466), so as to make it mandatory that the Director of the State Department of Public Welfare require the local Board of Public Welfare of the county in which a deceased recipient of assistance resided to execute and acknowledge a notice of claim
44
JOURNAL OF THE SENATE,
against the estate of such recipient, and to provide that such notice must be filed within 60 days after the death of such recipient; 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, Senator Hollis of the 24th 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 Chance Coffin Florence Garrett Harrison Hollis
Hopkins Housley
Kelly Lambert Mann
Matthews Millican Neel Overby Page Richardson Roop
Seagraves Shurling
Steis Turner Warnell Waters Wood Zellner
Those voting in the negative were Senators:
Brooks Clary Davis Dean Dews Dykes Harper Jones, 18th
Jones, 23rd McBride
McDonald Morrison
Parker Paulk
Ponsell Raulerson
Reynolds Ricketson Toms Ursrey Wetherington Wilkins
By unanimous consent verification of the roll call was dispensed with.
On the passage of the bill the ayes were 28, nays 22.
The bill, having received the requisite constitutional majority, was passed.
Senator Millican of the 52nd asked unanimous consent that SB 5 be immedi ately transmitted to the House and the consent was granted.
HB 8. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend an act known as the "General Tax Act", so as to pro vide an increase in the amount of the gross premium tax to be paid by insurance companies; and for other purposes.
Senator Parker of the 20th moved that HB 8 be indefinitely postponed.
TUESDAY, JUNE 14, 1955
45
On the motion to indefinitely 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:
Harrison McDonald Parker
Paulk Ponsell Richardson
Ricketson Wetherington Zellner
Those voting in the negative were Senators:
Ayers Blalock Brooks Chance Clary Coffin Davis Dean Dews Florence Garrett Harden Harper Hollis
Hopkins Housley Jones, 38th Jones, 18th Kelly Lambert Lovett Mann Matthews McBride Millican Morrison Neel Overby
Page Raulerson Reynolds Roop Seagraves Shurling Steis Strickland Toms Turner Ursrey Waters Wilkins Wood
By unanimous consent the verification of the roll call was dispensed with.
The motion to indefinitely postpone, having failed to receive the requisite constitutional majority, was lost.
Senator Dews of the 9th offered the following amendment:
Amend HB 8, section 2, by striking the words "January 1, 1955" and substituting the words "July 1, 1955".
The amendment was adopted.
Senator Overby of the 33rd offered the following amendment:
Amend HB 8 by adding in the title, before the words "to provide an effective date", -the words "to clarify provisions relative to invest ments for abatement purposes", and
By striking section 3 in its entirety and inserting in lieu thereof a new section 3, to read as follows:
"Section 3. Said act is further amended by striking subsection (3) of Section 7, and inserting in lieu thereof a new subsection (3) to read as follows:
' (3) Whenever any insurance company, doing business in this state, shall make it appear by proof to the insurance commissioner
46
JOURNAL OF THE SENATE,
that one-fourth of the total assets, exclusive of government war bonds, which are hereby defined and declared to mean United States govern ment bonds or United States Treasury bonds, or obligations issued on or after December 7, 1941, and prior to December 31, 1946, are in vested in any or all of the following assets, to-wit: Bonds of this state or of any county or municipality of this state, investments in property situated in and taxed by the state of Georgia, including real estate owned by such company, loans secured by liens on real estate situated in this state, policy loans on insurance policies issued by such company on lives of persons resident in this state, or stocks in Georgia corpora tions in which insurance companies are authorized to invest their assets under the laws of the state of Georgia, then the tax levied by subsec tion (1) shall be abated or reduced to one and one-quarter per centum upon the gross receipts of such company; and, if the amount so in vested by any such company shall be as much as three-fourths of the total assets of such company, then said premium tax shall be abated or reduced to one-half of one percentum upon such gross receipts of such company.'"
By adding a new section, to be known as section 3", to read as
follows:
"Section 3A. Upon premiums received prior to July 1, 1955, the tax levied herein shall be at the rate existing prior to the passage of
this Act."
The amendment was adopted.
.. '
Senators Millican of the 52nd and Hollis of the 24th offered the following amendment:
Amend HB 8, section 2, line 2, by striking "one-half" and inserting "one-fourth".
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 10.
The bill, having received the requisite constitutional majority, was passed as amended.
Mr. Parker of the 20th 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-
TUESDAY, JUNE 14, 1965
47
man, to report the same back to the Senate as correct and ready for transmission to the House of Representatives:
SB 5. Respectfully submitted, Parker of the 20th District, Chairman.
Senator Overby of the 33rd moved that the Senate do now adjourn until 11 o'clock tomorrow morning and the motion prevailed.
The president announced the Senate adjourned until 11 o'clock tomorrow morning.
48
JOURNAL OP THE SENATE,
Senate Chamber, Atlanta, Georgia, Wednesday, June 15, 1955.
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 Rev. William Carey Barker, pastor First Baptist Church, Newnan, Georgia.
By unanimous consent the call of the roll was dispensed with.
Senator Steis of the 25th reported that the journal of yesterday's proceed ings had been examined and found correct.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
Senator Overby of the 33rd asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading and reference of bills and resolutions. 5. Third reading and consideration of general bills and resolutions.
The consent was granted.
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 6. Do Pass. HB 5. Do Pass.
HB 2. Do Pass.
HB 4. Do Pass, as amended.
Respectfully submitted, Garrett of 53 District,
Chairman.
The following bill, favorably reported by the committee, was read the second time:
WEDNESDAY, JUNE 15, 1955
49
HB 4. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend an act relating to motor vehicle licenses, so as to in crease the annual fees for the licensing of the operation of vehicles; and for other purposes.
The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House to wit:
HB 10. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend code sections 92-3101, 92-3102, 92-3109, 92-3210 and 92-3301, so as to provide a change in the rate of taxation of individuals; and for other purposes.
The House has adopted the following resolution of the House, to-wit:
HE 12. By Mr. Moate of Hancock:
A resolution protesting the actions of U. S. Government representatives in agreeing to tariff changes that will so seriously hurt the cotton farmers and the textile mill employees of this state; and for other purposes.
The following bills and resolutions were read the third time and put upon their passage:
SR 5. By Senators Millican of the 52nd and Overby of the 33rd:
A resolution relative to the distribution of highway funds; 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 46, nays 1.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Overby of the 33rd asked unanimous consent that SR 5 be immedi ately transmitted to the House and the consent was granted.
HB 14. By Messrs. Floyd of Chattooga, Stripling of Coweta and others:
A bill to establish the Georgia State War Veterans' Home; to provide for additional facilities to be established by the Director of Public Wel fare and the Director of Public Health; and for other purposes.
50
JOURNAL OF THE SENATE,
The Committee on Veterans Affairs offered the following amendment:
Amend HB 14, section 5, as follows:
After the word duties in line 10 change period to comma and add: "Provided, however, members of legislature serving on said commission shall be paid usual per diem and expenses paid mem bers of interim committees".
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 42, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Ricketson of the 19th asked unanimous consent that HB 14 be im mediately transmitted to the House and the consent was granted.
HB 1. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend an act creating a Department of Public Safety, so as to provide for expiration dates for drivers licenses; and for other purposes.
The Committee on Finance offered the following amendment:
Amend HB 1, section 3, page 3, line 13, by striking the words
twenty-five" and inserting the words "fifty" and in line 14 by striking
the words "one dollar and twenty-five" and inserting the words "two
dollars and fifty".
;
The amendment was adopted.
Senators Overby of the 33rd and Hollis of the 24th offered the following amendment:
Amend HB 1 by adding to the title, before the words "to repeal conflicting laws" the words "to provide an effective date", and by strik ing from the matter quoted as section 5 in section 1 of said bill the words "after the effective date of this act" and inserting in lieu there of the words "on or after July 1, 1955", and by striking from the mat ter quoted as section 5 in section 1 of said bill the words "prior to the effective date of this act", and inserting in lieu thereof the words "prior to July 1, 1955", and by adding a new section to be numbered section 3A to read as follows:
"Section 3A. This act shall become effective on July 1, 1955."
The amendment was adopted. The report of the committee, which was favorable to the passage of the
WEDNESDAY, JUNE 15, 1955
51
bill as amended, was agreed to as amended.
On the passage of the bill, the ayes were 48, nays 1.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Overby of the 33rd asked unanimous consent that HB 1 be immedi ately transmitted to the House and the consent was granted.
HB 2. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to levy a tax upon fees, interests, insurance premiums and all other charges of whatever kind collected by persons licensed under the Georgia Industrial Loan Act; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 7.
The bill, having received the requisite constitutional majority, was passed.
HB 6. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend an act relating to the license and excise tax upon the business of dealing in malt beverages; and for other purposes.
Senator Hollis of the 24th offered the following amendment:
Amend HB 6 by striking therefrom the word "Army" and sub stituting therefor the word "military".
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 2.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 12. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to authorize the governing authorities of the various counties to regulate and impose a license fee upon carnivals, circuses, road shows, tent shows; and for other purposes.
52
JOURNAL OF THE SENATE,
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By unanimous consent the following bill was introduced, read the first time and referred to committee:
HB 10. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend code sections 92-3101, 92-3102, 92-3109, 92-3210 and 92-3301, so as to provide a change in the rate of taxation of individuals; and for other purposes.
Referred to committee on Finance.
Mr. Parker of the 20th 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 man, to report the same back to the Senate as correct and ready for transmis sion to the House of Representatives:
SR 5.
Respectfully submitted,
Parker of the 20th District,
Chairman.
Senator Overby of the 33rd moved that the Senate do now adjourn until 11 o'clock tomorrow morning and the motion prevailed.
The president announced the Senate adjourned until 11 o'clock tomorrow morning.
THURSDAY, JUNE 16, 1955
53
Senate Chamber, Atlanta, Georgia, Thursday, June 16, 1955.
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 Rev. Howard Sims, pastor First Methodist Church, Lavonia, Georgia.
By unanimous consent the call of the roll was dispensed with.
Senator Steis of the 25th 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 Overby of the 33rd asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading and reference of bills and resolutions. 5. Third reading and consideration of general bills and resolutions.
The consent was granted.
The following resolutions of the Senate were read and adopted:
SR 9. By Senator Page of the 1st:
A resolution requesting the State Highway Board to adopt the neces sary resolution designating the Thunderbolt Bridge across the Wilmington River as the "Memorial Bridge" in honor of deceased veterans; and for other purposes.
SR 10. By Senators Warnell of the 2nd, Wood of the 49th, Wetherington of the 6th, Raulerson of the 46th and Paulk of the 45th:
A resolution calling on all Georgians to use every possible precaution while in the woods and to exercise extreme vigilance in the prevention of forest fires; and for other purposes.
The following message from His Excellency, the Governor, was read by the secretary:
54
JOURNAL OF THE SENATE,
Office of the Governor
Atlanta
June 15th, 1955
Marvin Griffin Governor
Hon. Ernest Vandiver, President
State Senate State Capitol Atlanta, Georgia
Dear Mr. President:
In my message to the General Assembly in Joint Session on June 6th, I made certain specific recommendations to the General Assembly with reference to proposed changes in the basic school laws. I also made certain specific recommendations concerning changes in the revenue laws and additional revenue which I believed necessary to continue the state's services of government without curtailment and interruption.
Since the appropriate Senate committee saw fit to defeat the pro* posed changes in the basic school laws, I do not believe it either prudent or necessary to recommend to the General Assembly revenue measures necessary to produce sixty-five million dollars in additional state in come. For this reason I recommend that your distinguished body dis continue consideration of the proposed sales tax bill and extension of the sales tax into the field of personal services and any other income measures not recommended or advocated by me in my message to the General Assembly in Joint Session.
Sincerely yours, Marvin Griffin Governor
MG:MH
Senator Overby of the 33rd asked unanimous consent that the following bill be withdrawn from the Committee on Finance, read the second time and recom mitted :
HB 10. By Senators Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend code section 92.3101, 92.3102, 92.3109, 92.3210 and 92.3301, so as to provide a change in rate of taxation of individuals.
The consent was granted.
The following bill of the House was read the third time and put upon its passage:
HB 4. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend an act relating to motor vehicle licenses, so as to in-
THURSDAY, JUNE 16, 1955
55
crease the annual fees for the licensing of the operation of vehicles; and for other purposes.
The Committee on Finance offered the following amendment:
Amend HB 4, section 1, sub-section 16, third line, by striking the words and figures "fifty cents (50^)" and inserting in lieu thereof the words One Dollar.
The amendment was adopted.
Senate Millican of the 52nd offered the following amendment:
Amend HB 4, section 1, sub-section 5, last line by striking the words "no fee" and inserting in lieu thereof the figure $1.00.
On the adoption of the amendment, Senator Clary of the 29th called for the ayes and nays and the call was sustained.
A roll was called and the vote was as follows:
Those Voting in the affirmative were Senators:
Ayers Blalock Brooks Chance Coffin Davis Dean Dews Dykes Garrett
Harden Harper Harrison
Hollis Hopkins Housley Jones, 38th Jones, 18th Jones, 23rd Kelly Lambert Lovett McDonald Millican Overby Raulerson
Richardson Ricketson Roop Steis Strickland Toms Turner Warnell Waters Wilkins Wood Zellner
Those voting in the negative were Senators:
Clary Mann Matthews McBride Morrison
Neel Page Parker Paulk Ponsell
Reynolds Seagraves Ursrey Wetherington
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the amendment, the ayes were 38, nays 14, and the amendment was adopted.
Senator Millican of the 52nd offered the following amendment:
Amend HB 4, section 1, line 9, by striking the figures $3.00 and inserting in lieu thereof the figures $4.00.
56
JOURNAL OP THE SENATE,
On the adoption of the amendment, Senator Davis of the 42nd called for the ayes and nays and the call was sustained.
A roll was called and the vote was as follows:
Those voting in the affirmative were Senators:
Ayers Blalock Chance Coffin Dean Dews Dykes Garrett Harden Harper Hollis Hopkins
Housley Jones, 18th Jones, 23rd Kelly Lambert Lovett Matthews McBride McDonald Millican Neel Overby
Reynolds 1 Richardson Ricketson Roop
Steis Strickland Toms Waters Wilkins Wood
Those voting in the negative were Senators:
Brooks Clary Davis Florence Harrison Jones, 38th
Morrison Page Parker Paulk Ponsell Raulerson
Seagraves Turner Ursrey Warnell Wether ington Zellner
By unanimous consent the verification of the roll call was dispensed with.
On the adoption of the amendment the ayes were 34, nays 18, 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.
On the passage of the bill, 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:
Ayers Blalock Brooks Chance Clary Coffin Davis Dean Dews Dykes
Florence Garrett Harden Harrison Hopkins Housley Jones, 18th Jones, 23rd Kelly Lambert
Lovett Matthews McBride McDonald Millican Morrison Neel Overby Ponsell Reynolds
THURSDAY, JUNE 16, 1955
57
Bichardson Ricketson Roop Steis
Strickland Toms Ursrey Waters
Wetherington Wilkins Wood
Those voting in the negative were Senators:
Harper Hollis Jones, 38th Page
Parker Raulerson Seagraves Turner
Warnell Zellner
By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 41, nays 10.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Millican of the 52nd asked unanimous consent that HB 4 be imme diately transmitted to the House and the consent was granted.
The following bill of the House was read the third time and put upon its passage:
HB 5. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend an act relating to the levy of tax on sales and use of cigars, cigarettes, little cigars, cheroots and stogies; and for other purposes.
Senator Brooks offered the following amendment:
Amend HB 5 by inserting between section 1 and section 2 of said bill a new section, to be numbered section 1 (a) and said section to be as follows:
"The discount allowed to licensed distributors, as provided by section 4 (a) of act no. 135 (house bill no. 465), Georgia Laws 1955, page 272, shall not apply to the increase herein provided for."
The amendment was adopted.
Senator Garrett of the 53rd offered the following amendment:
Amend HB 5 by striking the words and figure "two and one-half (2^)" from the first clause under the sub-heading "cigarettes" in sec tion 1 of said bill, so that the first clause under the sub-heading "cigarette" shall read:
"having a length of less than four inches--two (2) mills each."
On the adoption of the amendment, Senator Overby of the 33rd called for the ayes and nays and the call was sustained.
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The roll was called and the vote was as follows:
Those voting in the affirmative were Senators:
Ayers Coffin Garrett Harper Harrison Hollis Matthews
Morrison Neel Page Paulk Ponsell Raulerson Roop
Seagraves Strickland Ursrey Warnell
Wetherington Wood Zellner
Those voting in the negative were Senators:
Blalock Brooks Chance Clary Davis Dean Dews Dykes Florence Harden
Hopkins Housley Jones, 38th Jones, 18th Jones, 23rd Kelly Lambert Lovett McBride McDonald
Millican Overby Reynolds Richardson Ricketson Steis Toms Waters Wilkins
By unanimous consent verification of the roll call was dispensed with.
On the adoption of the amendment, the ayes were 21, nays 29.
The amendment, having failed to receive the requisite constitutional ma jority, was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage, Senator Garrett 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 Brooks Chance Clary Coffin Davis Dean Dews Dykes Florence Harden Harrison
Hopkins Housley Jones, 38th Jones, 18th Jones, 23rd Kelly Lambert Lovett McBride McDonald Millican Morrison Overby
Page Reynolds Richardson Ricketson Roop Seagraves Steis Toms Warnell Waters Wilkins Wood
THURSDAY, JUNE 16, 1955
59
Those voting in the negative were Senators:
Garrett Harper Hollis Matthews
Neel Paulk Ponsell Raulerson
Strickland Ursrey Wetherington Zellner
By unanimous consent verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 38, nays 12.
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 disagreed to the Senate amendments to the following bill of the House, to-wit:
HB 8. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend an act known as the "General Tax Act", so as to provide an increase in the amount of the gross premium tax to be paid by insur ance companies; and for other purposes.
The House has disagreed to Senate amendment No. 1 and agreed to Senate amendment No. 2 to the following bill of the House, to-wit:
HB 1. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend an act creating a Department of Public Safety, so as to provide for expiration dates for drivers licenses; and for other purposes.
The House has agreed to the Senate amendment to House bill, to wit:
HB 6. By Messrs. Moate of Hancock, Groover of Bibb, Willingham of Cobb:
A bill to amend an act relating to the license and excise tax upon the business of dealing in malt beverages; and for other purposes.
The House has passed by the requisite constitutional majority the following bills and resolutions of the House and Senate to wit:
HR 7. By Messrs. Moate of Hancock, Groover of Bibb and others:
A resolution relating to the distribution of increased funds derived from laws enacted at the present extraordinary session of the General Assembly; and for other purposes.
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JOURNAL OF THE SENATE,
HR 9. By Messrs. Lavender of Elbert and Bentley of Cobb:
A resolution to provide for a joint committee of the House and Senate to study ways and means of effecting economies in the State govern ment; and for other purposes.
SB 4. By Senators Morrison of the 15th and Roop of the 37th:
A bill to amend an act known as the "Uniform Act Regulating Traffic on Highways", so as to provide requirements for multiple-beam road lighting equipment; and for other purposes.
The House has adopted the following resolutions of the House, to-wit:
HR 15. By Messrs. Baughman of Early, Wilson of Peach and others:
A resolution relative to federal appropriations for the construction of dams, locks and basins in Georgia; and for other purposes.
HR 16. By Messrs. Musgrove of Clinch, Henderson of Atkinson and others:
A resolution calling on all Georgians to use every possible precaution while in the woods and to exercise extreme vigilance in the prevention of forest fires, and for other purposes.
The House has agreed to the Senate amendment to the following bill of the House, to-wit:
HB 14. By Messrs. Ployd of Chattooga, Stripling of Coweta and others:
A bill to establish the Georgia State War Veterans' Home, to provide for additional facilities to be established by the Director of Public Welfare and the Director of Public Health; and for other purposes.
The following bill of the House was taken up for the purpose of considering House action thereto:
HB 1. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend an act creating a Department of Public Safety, so as to provide for expiration dates for drivers licenses; and for other pur poses.
Senator Overby of the 33rd moved that the Senate insist on its position and that a committee of conference be appointed.
The motion prevailed and the president appointed on the part of the Senate as a committee of conference:
Senators Millican of the 52nd, Turner of the 53rd and Roop of the 37th.
The following bill of the House was taken up for the purpose of considering House action thereto:
THURSDAY, JUNE 16, 1955
61
HB 8. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend an act known as the "General Tax Act", so as to pro vide an increase in the amount of the gross premium tax to be paid by insurance cpmpanies; and for other purposes.
Senator Overby of the 33rd moved that the Senate insist on its position and that a committee of conference be appointed.
The motion prevailed and the president appointed on the part of the Senate as a committee of conference:
Senators Hollis of the 24th, Turner of the 34th and Harper of the 26th.
The following resolution of the House was introduced, read the first time and referred to a committee:
HR 7. By Messrs. Moate of Hancock, Groover of Bibb and others:
A resolution relating to the distribution of increased funds derived from laws enacted at the present extraordinary session of the General Assembly; and for other purposes.
Referred to Committee on State of Republic.
The following resolutions of the House were read and adopted:
HR 15. By Messrs. Baughman of Early, Wilson of Peach and others:
A resolution relative to federal appropriations for the construction of dams, locks and basins in Georgia; and for other purposes.
HR 16. By Messrs. Musgrove of Clinch, Henderson of Atkinson and others:
A resolution calling on all Georgians to use every possible precaution while in the woods and to exercise extreme vigilance in the prevention of forest fires; and for other purposes.
HR 9. By Messrs. Lavender of Elbert and Bentley of Cobb:
A resolution to provide for a joint committee of the House and Senate to study ways and means of effecting economies in the state govern ment; and for other purposes.
The president has appointed as a committee on the part of the Senate, Senators Hollis of the 24th, Lovett of the 16th and Millican of the 52nd.
Mr. Parker of the 20th 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
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JOURNAL OF THE SENATE,
following bills and/or resolutions of the Senate and has instructed me as Chair man, to report the same back to the Senate as correct and ready for transmis sion to the House of Representatives:
SR 10.
Respectfully submitted,
Parker of the 20th District,
Chairman.
Senator Overby of the 33rd moved that the Senate do now adjourn until 9 o'clock tomorrow morning and the motion prevailed.
The president announced the Senate adjourned until 9 o'clock tomorrow morning.
FRIDAY, JUNE 17, 1955
63
Senate Chamber, Atlanta, Georgia, Friday, June 17, 1955.
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 Rev. Howard Simms, First Methodist Church, Lavonia, Georgia.
By unanimous consent the call of the roll was dispensed with.
Senator Steis of the 25th 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 Overby of the 33rd asked unanimous consent that the following be
established as the order of business for today:
;,
1. Introduction of bills and resolutions.
2. First reading and reference of bills and resolutions.
3. Reports of standing committees.
4. Second reading and reference of bills and resolutions.
5. Third reading and consideration of general bills and resolutions.
The consent was granted.
The following resolution was read and adopted:
HR 12. By Mr. Moate of Hancock:
A resolution protesting the actions of U. S. Government representatives in agreeing to tariff changes that will so seriously hurt the cotton farmers and the textile mill employees of this state; and for other purposes.
On the adoption of the resolution, the ayes were 31, nays 2, and the resolu tion was adopted.
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
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JOURNAL OF THE SENATE,
of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
HB 10. Do Pass, as amended.
Respectfully submitted,
Garrett of 53rd District,
,,
Chairman.
The following bill of the House was read the third time and put upon its passage:
HB 10. By Senators Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend code sections 92.3101, 92.3102, 92.3109, 92.3210 and 92.3301, so as to provide a change in rate of taxation of individuals; and for other purposes.
Senators Harrison of the 17th and Hollis of the 24th offered the following amendment:
Amend HB 10, section 7, by striking the entire section and amend ing the caption accordingly, the following sections to be numbered accordingly.
The amendment was adopted.
The Committee on Finance offered the following amendment:
Amend HB 10, section 1, by striking the same in its entirety and in lieu thereof inserting the following:
"92-3101. Rate of Taxation of Individuals. A tax is hereby im posed upon every resident of the state, which tax shall be levied, col lected and paid annually with respect to the entire net income of the taxpayer as hereinafter defined; and upon every non-resident with respect to his entire net income not hereinafter exempted, received by such taxpayer from property owned or from business carried on in this state; computed at the following rates:
On the first $2,000 or any part thereof--------------------------. 1%
On all income in excess of $2,000 and not exceeding $4,000 or any part thereof.---.-.---..- .......... ..--..2%
On all income in excess of $4,000 and not exceeding $6,000 or any part thereof.----------.._.--------3%
On all income in excess of $6,000 and not exceeding $9,000 or any part thereof....------. ..--_._._....----4%
On all income in excess of $9,000 and not exceeding $12,000 or any part thereof--------.----------_--6%
On all income in excess of $12,000.--,--..--------------.--...--6%"
FRIDAY, JUNE 17, 1955
65
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.
On the passage of the bill, the ayes were 29, nays 14.
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 the following bills of the House to wit:
HB 1. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend an act creating a Department of Public Safety, so as to provide for expiration dates for driver's licenses; and for other purposes.
The Speaker has appointed as conferees on part of the House, Messrs. Freeman of Monroe, Lavender of Elbert and Scoggins of Floyd.
HB 8. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend an act known as the "General Tax Act", so as to in crease the amount of gross premium tax to be paid by insurance com panies; and for other purposes.
The Speaker has appointed as conferees on the part of the House, Messrs. Groover of Bibb, Ramsey of Effingham and Phillips of Walton.
The House has passed by the requisite constitutional majority the following resolution of the House to wit:
HR 21. By Messrs. Killian of Glynn, Gross of Stephens and Scoggin of Floyd:
A resolution commending Paul Anderson of Toccoa, Ga. for his excel lent record in weight lifting in competition with some of the world's greatest athletes.
The House disagrees to the Senate amendment to the following bill of the House, to-wit:
HB 5. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend an act relating to the levy of tax on sales and use of
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JOURNAL OF THE SENATE,
cigars, cigarettes, little cigars, cheroots and stogies; and for other purposes.
The House has adopted the following resolution of the Senate, to wit:
SR 10. By Senators Warnell of the 2nd, Wood of the 49th, Wetherington of the 6th and others:
A resolution calling on all Georgians to exercise every precaution while in the woods, and to exercise extreme caution and vigilance in the prevention of forest fires.
The following bill of the House was taken up for the purpose of considering House action thereto:
HB 5. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend an act relating to the levy of tax on sales and use of cigars, cigarettes, little cigars, cheroots and stogies; and for other purposes.
Senator Overby of the 33rd moved that the Senate insist on its position and that a committee of conference be appointed.
The motion prevailed and the president appointed on the part of the Senate as a committee of conference:
Senators Brooks of the 50th McBride of the 10th and Dean of the 40th.
The following resolution of the House was read and adopted:
HR 21. By Messrs. Killian of Glynn, Gross of Stephens and Scoggin of Floyd:
A resolution commending Paul Anderson of Toccoa, Georgia for his excellent record in weight lifting in competition against some of the world's greatest athletes.
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 4. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend an act relating to motor vehicle licenses, so as to in crease the annual fees for the licensing of the operation of vehicles; and for other purposes.
The following bill of the House was taken up for the purpose of considering
House action thereto:
u
FRIDAY, JUNE 17, 1955
67
HB 4. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend an act relating to motor vehicle licenses, so as to in crease the annual fees for the licensing of the operation of vehicles; and for other purposes.
Senator Overby of the 33rd moved that the Senate insist on its position and that a committee of conference be appointed.
The motion prevailed and the president appointed on the part of the Senate as a committee of conference:
Senators Morrison of the 15th, Ursrey of the 54th and Harrison of the 17th.
The following resolution of the Senate was read and adopted:
SR 11. By Senator Overby of the 33rd: A resolution inviting His Excellency, Honorable Marvin Griffin, to appear before this body; for the appointment of a committee to escort him to the Senate Chamber; and for other purposes.
The president appointed as a committee of escort:
Senators Harden of the 27th, Dykes of the 14th and Dews of the 9th.
The following message was received from the House through Mr. Boone, the Clerk thereof: Mr. President:
The House has disagreed to Senate amendments to the following bill of the House to wit:
HB 10. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb: A bill to amend code sections 92-3101, 92-3102, 92-3109, 92-3210 and 92-3301, so as to provide a change in the rate of taxation of individuals; and for other purposes.
The following bill of the House was taken up for the purpose of considering House action thereto:
HB 10. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend code sections 92-3101, 92-3102, 92-3109, 92-3210 and 92-3301, so as to provide a change in the rate of taxation of individuals; and for other purposes.
Senator Millican of the 52nd moved that the Senate insist on its position and that a committee of conference be appointed.
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JOURNAL OF THE SENATE,
The motion prevailed and the president appointed on the part of the Senate as a committee of conference:
Senators Millican of the 52nd, Shurling of the 21st and Blalock of the 36th.
The following bill of the House was taken up for the purpose of considering a report of the Committee of Conference:
HB 4. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend an act relating to motor vehicle licenses; so as to in crease the annual fees for the licensing of the operation of vehicles; and for other purposes.
The report of the Committee of Conference was as follows:
To the Honorable Ernest Vandiver, Lt. Governor and President of the Senate, and to the Honorable Marvin E. Moate, Speaker of the House:
Your Committee on Conference on House Bill 4 begs leave to submit the fol lowing report:
1. That the Senate recede from its position on Senate Amendment #1.
2. That the Senate recede from its position on Senate Amendment #2.
3. That the House recede from its position on Senate Amendment #3.
Respectfully submitted,
On the part of the Senate: W. Harrison of the 17th Walter B. Morrison of the 15th Ursrey of 54th
On the part of the House: Twitty of Mitchell Coker of Cherokee Cloud of Decatur
Senator Hollis of the 24th moved that the report of the conference com mittee be laid on the table.
On the motion to table the ayes were 27, nays 10, and the motion prevailed.
The following resolutions of the Senate were read and adopted:
SR 12. By Senator Overby of the 33rd:
A resolution providing that the Enrolling and Engrossing Committee and the Auditing Committee shall remain at the Capitol for five days for the purpose of finishing the business and auditing the expenses as required by law; and further providing that the office of the Secretary of the Senate shall remain open for five days; and for other purposes.
FRIDAY, JUNE 17, 1955
69
SR 13. By Senators Overby of the 33rd and Millican of the 52nd:
A resolution commending the press, radio, wire services and television facilities for the diligent manner in which they covered the actions of the Senate; and for other purposes.
SR 14. By Senators Harden of the 27th and Overby of the 33rd:
A resolution relating to the distribution of increased funds derived from laws enacted at the present extraordinary session of the General Assembly; and for other purposes.
Senator Millican of the 52nd offered the following amendment:
Amend SR 14 by adding a new paragraph to read as follows:
Be it further resolved that this resolution is on a request basis due solely to lack of time for it to be on a directive basis and it is the sentiment of the General Assembly that the alloca tion so requested be carried out in every respect.
The amendment was adopted.
The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has adopted the report of the Committee of Conference on the following bill of the House, to-wit:
HB 4. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend an act relating to motor vehicle licenses, so as to in crease the annual fees for the licensing of the operation of vehicles; and for other purposes.
The House insists on its position to the following bill of the House and request that a Committee of Conference be appointed:
HB 10. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend code sections 92-3101, 92-3102, so as to provide a change in the rate of taxation of individuals; and for other purposes.
The Speaker has appointed as a Committee of Conference, on the part of the House, the following members of the House, to-wit:
Messrs. Groover of Bibb, McGarity of Henry and Willingham of Cobb.
Senator Brooks of the 50th, a member of the Committee of Conference on the following bill of the House, reported that the Committee of Conference had failed to agree, and moved that a second Committee of Conference be appointed:
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JOURNAL OF THE SENATE,
HB 5. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend an act relating to the levy of tax on sales and use of cigars, cigarettes, little cigars, cheroots and stogies; and for other purposes.
The motion prevailed and the president appointed as a second Committee of Conference the following:
Senators Brooks of the 50th, Dean of the 40th and McBride of the 10th.
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 31. By Mr. Groover of Bibb:
A resolution providing for the adjournment of the General Assembly sine die, 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 1. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend an act creating a Department of Public Safety, so as to provide for expiration dates for drivers licenses; and for other purposes.
The House has appointed a second Committee of Conference to the following bill of the House, to-wit:
HB 5. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend an act relating to the levy of tax on sales and use of cigars, cigarettes, little cigars, cheroots and stogies, and for other purposes.
The Speaker has appointed as a second Committee of Conference, on the part of the House, the following members of the House, to-wit:
Messrs. Groover of Bibb, Phillips of Columbia and Birdsong of Troup:
The following bill of the House was taken up for the purpose of considering a report of the Committee of Conference:
HB 10. By Messrs. Moate of Hancock, Groover of Bibb and others: A bill to amend an act so as to provide a change in the rate of taxation
FRIDAY, JUNE 17, 1955
71
of individuals; to reduce the rate of taxation of corporations; and for other purposes.
The report of the Committee of Conference was as follows:
Mr. President
Mr. Speaker
Your Committee of Conference on House Bill No. 10 has met and desires to submit the following report, to wit:
1. That the Committee recommends, one member dissenting, that the Senate recede from its position in insisting on Senate Amendment No. 1;
2. That the House recede from its position in disagreeing to Senate Amendment No. 2 and that the House adopt Senate Amendment No. 2.
Respectfully submitted,
ON THE PART OF THE HOUSE Willingham of Cobb Edward E. McGarity Denmark Groover, Jr.
ON THE PART OF THE SENATE Francis F. Shurling D. B. Blalock
DISSENT G. Everett Millican
Senator Shurling of the 21st moved that the report of the Committee of Conference be adopted.
On the adoption, the ayes were 37, nays 6, and the report of the Committee of Conference was adopted.
Senator Millican of the 52nd asked unanimous consent that he be recorded as voting no, and the consent was granted.
The following bill of the House was taken up for the purpose of considering a report of the Committee of Conference:
HB 1. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend an act creating a Department of Public Safety, so as to provide for expiration dates for driver's licenses; and for other purposes.
The report of the Committee of Conference was as follows:
Mr. President and Mr. Speaker, your committee on conference on House Bill No. 1, known as Drivers License Law, begs to submit the following:
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JOURNAL OF THE SENATE,
That the Senate recede from its position in adoption of Senate Amendment No. 1, and accept the bill as presented by the House on the part of the Senate:
G. E. Millican M. C. Roop H. R. Garrett of 53rd Dist.
On the part of the House: Freeman of Monroe Woodrow Lavender Scoggin of Floyd
Senator Overby of the 33rd moved that the Senate adopt the report of the Committee of Conference.
On the adoption, the ayes were 39, nays 0 and the report was adopted.
Senator Overby of the 33rd moved that the Conference Committee report on the following bill of the House, be taken from the table:
HB 4. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb: A bill to amend an act relating to motor vehicle licenses, so as to in crease the annual fees for the licensing of the operation of vehicles; and for other purposes.
The motion prevailed and the Conference Committee report was taken from the table.
Senator Harrison of the 17th moved that report of the Committee of Con ference be adopted.
On the adoption of the report of the Committee of Conference the ayes were 45, nays 0, and the report was adopted.
Senator Millican of the 52nd asked Unanimous consent that he be recorded as voting no, and the consent was granted.
The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House recedes from its position on the following bill of the House and adopts the Senate amendment:
HB 8. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend the act known as the "General Tax Act" so as to pro vide an increase in the amount of gross premium tax to be paid by in surance companies; and for other purposes.
FRIDAY, JUNE 17, 1955
73
The following bill of the House was taken up for the purpose of considering House action thereto:
HB 8. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A bill to amend the act known as the "General Tax Act" so as to pro vide an increase in the amount of gross premium tax to be paid by insurance companies; and for other purposes.
The report of the Committee of Conference was as follows:
Mr. President and Mr. Speaker, your committee on conference on House Bill No. 8 has met and recommends that the House recede from its position and agree to the Senate Amendments.
ON THE PART OF THE SENATE Turner of the 34th Harper of the 26th Howell Hollis of the 24th
ON THE PART OF THE HOUSE H. Ramsey, Sr. Groover of Bibb John L. Phillips
Senator Millican of the 52nd moved that the report of the Committee of Conference be adopted.
On the motion, the ayes were 43, nays 0, and the report was adopted.
The following bill of the House was taken up for the purpose of considering a report of the Committee of Conference:
HB 5. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb: A bill to amend an act relating to the levy of tax on sales and use of cigars, cigarettes, little cigars, cheroots and stogies; and for other purposes.
The report of the Committee of Conference was as follows:
Mr. President:
Mr. Speaker:
Your committee on conference on House Bill No. 5 has met and desires to submit the following report:
1. That the Senate recede from its position in insisting on its position on the Senate Amendment.
2. That the Senate and House adopt the following amendment to House Bill No. 5, to wit:
That a new section 1 (a) be added to said bill to read as follows:
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JOURNAL OF THE SENATE,
"The discount allowed to licensed distributors, as provided by Section 4 (a) of Act No. 135 (H. B. No. 465), Georgia Laws 1955, page 272, be allowed only on the first Z<f (three and one-half) cents of tax on each pack of cigarettes, i.e., that no allowance of said discount be allowed on any amount of tax collected on the sale of cigarettes in excess of 3^^ (three and one-half cents) per package."
Respectfully submitted,
On the part of the Senate: George B. Brooks James M. McBride W. K. Dean of the 40th.
On the part of the House: Groover of Bibb Birdsong of Troup Phillips of Columbia
Senator Millican of the 52nd moved that the report of the Committee of Conference be adopted.
On the motion, the ayes were 43, nays 0, and the 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 report of the Committee of Conference to the following bill of the House, to-wit:
HB 10. By Messrs. Moate of Hancock, Groover of Bibb and others:
A bill to amend an act, so as to provide a change in the rate of taxation of individuals; to reduce the rate of taxation of corporations and for other purposes.
The Speaker has appointed as second committee of conference on the part of the House, Messrs. Willingham of Cobb, McGarity of Henry, Groover of Bibb.
The following bill of the House was taken up for the purpose of considering House action thereto:
HB 10. By Messrs. Moate of Hancock, Groover of Bibb and others:
A bill to amend code sections 92.3101, 92.3102, 92.3109, 92.3210 and 92.3301, so as to provide a change in rate of taxation of individuals; and for other purposes.
Senator Millican of the 52nd moved that the Senate insist on its position and that a second Committee of Conference be appointed.
FRIDAY, JUNE 17, 1955
75
The motion prevailed and the president appointed as a second Committee of Conference on the part of the Senate, Senators Millican of the 52nd, Dean of the 40th and Hollis of the 24th.
The following bill of the House was taken up for the purpose of consider ing a report of the Committee of Conference:
HB 10. By Messrs. Moate of Hancock, Groover of Bibb and others:
. A bill to amend code sections 92.3101, 92.3102, 92.3109, 92.3210 and 92.3301, so as to provide a change in rate of taxation of individuals; and for other purposes.
The report of the Committee of Conference was as follows:
Mr. President and Mr. Speaker, the committee on conference on House Bill No. 10 begs to submit the following:
1. That the Senate recede from its position on Senate Amendment No. 1 known as the Income Tax Rate Amendment.
2. That the Senate recede from its position on Senate Amendment No. 2 and both the House and Senate adopt a new section to be known as Section 7 reading as follows:
Section 92-3105 of the Code of Georgia, as amended, which provides for the exemption of certain societies, orders, associations, cooperatives, chests, foundations, leagues, chambers, boards, clubs, companies, trusts, and organizations from income taxes, be further amended by adding at the end of said section the following:
"Provided, however, that no such society, order, association, co operative, fund, chest, foundation, league, chamber, board, club, com pany, charitable trust or organization which engages directly or in directly in competitive commerce with private or public corporations, individuals, partnerships or associations not so exempt, in the market ing of either products or services, shall be so exempt from taxation as to that portion of its net income attributable to such competitive commerce.
"That portion of its net income shall be deemed attributable to such competitive commerce which bears the same ratio to its total net income as its gross income from such competitive commerce bears to its total gross income.
"Provided, however, cooperatives formed by producers of farm, forest and dairy products for the purpose of selling the products pro duced by the members of such cooperatives, or obtained from other such farmers cooperatives, shall be exempt from taxation under the law to the extent that its net profits are attributable to the sale of such products. That portion of its net profits shall be deemed attribu table to the sale of such products which bears the same ratio to its total net income as the total price of such products paid to its members by such cooperative bears to the gross sales of such cooperative.
"Provided further, that incidental or occasional fund raising proj ects or undertakings by such organizations shall not be deemed to be competitive commerce."
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Anything herein to the contrary notwithstanding, any such cor porations or organizations for which a specific method of taxation is provided by state laws shall continue to be taxed as heretofore.
ON THE PART OF THE HOUSE Willingham of Cobb Groover of Bibb McGarity of Henry
ON THE PART OF THE SENATE G. E. Millican H. Hollis of 24th W. K. Dean of the 40th
Senator Overby of the 33rd moved that the report of the Committee of Con ference be adopted.
On the motion the ayes were 35, nays 6, and the Conference Committee report was adopted.
The following senators asked unanimous consent that they be recorded as voting "no" on the Conference Committee report:
Senators Harrison of the 17th, Matthews of the 47th, Steis of the 25th, McDonald of the 43rd and Ponsell of the 5th.
The consent was granted.
The following senators asked unanimous consent that they be recorded as voting "yes" on the Conference Committee report:
Senators Dews of the 9th and Lovett of the 16th.
The consent was granted.
The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has adopted by substitute the following resolution of the Senate, to-wit:
SR 14. By Senators Harden of the 27th and others:
A resolution relating to the distribution of increased funds derived from laws enacted at the present extraordinary session of the General As sembly; and for other purposes.
The following resolution of the Senate was taken up for the purpose of considering a House substitute thereto:
FRIDAY, JUNE 17, 1955
77
SR 14. By Senators Harden of the 27th and others:
A resolution relating to the distribution of increased funds derived from laws enacted at the present extraordinary session of the General Assembly; and for other purposes.
The substitute was as follows:
By: Messrs. Moate of Hancock, Groover of Bibb, Willingham of Cobb, Fowler of Douglas and Smith of Emanuel.
A RESOLUTION
Relating to the distribution of increased funds derived from Execu tive Orders of the State Revenue Commissioner and from laws enacted at the present extraordinary session of the General Assembly; and for other purposes.
WHEREAS, it is desirable that the General Assembly specifically provide the manner in which any increased funds derived from amend ments to present tax laws or new tax laws enacted at the present extra ordinary session and derived from Executive Orders of the State Reve nue Commissioner, now, heretofore, and hereafter, promulgated and enforced be expended by the Budget Bureau, and
WHEREAS, Honorable Marvin Griffin, Governor of the State of Georgia, in his address to the General Assembly on Monday, June 6, 1955 recommended that the report of the State Programs Study Com mittee be followed as to the amounts which should be distributed for various purposes. The Governor recommended the following amounts:
State Board of Education .______......................____.____,,.,,,, $26,529,067.28
State Board of Regents ,,_.__-.-..........._..._......,,_______._,,-,,_. 8,207,563.74
Trustees, Teacher Retirement System __.__._.......__._...1,518,000.00
State Highway Department __._____.._____,,____,,__.____________ 20,569,115.42
Public Health Department (including Battey Hospital) __________________._..^_.. 326,999.59
Eugene Talmadge Memorial Hospital ,,____.__................ 2,390,000.00
Public Welfare Department Public Assistance .,,_...,,.-.-.....-...-.._...._.__-.____:__-.._._. 1,754,726.43
State Institutions __..-........_.-....____.__-.-......,,........-_.. 2,252,696.50
Department of Corrections and Public Safety .......,,_.,, 583,999.34 and
WHEREAS, the General Assembly feels that until such time as the General Assembly shall pass a new general appropriations Act, any increased funds derived from Executive Orders of the State Revenue Commissioner and from the enactment of laws at this session should be distributed in accordance with the recommendations of the Governor.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Governor, as Director of the Bud get Bureau, is hereby authorized and directed to expend and distribute
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the increased funds derived from Executive Orders of the State Reve nue Commissioner, now, heretofore, and hereafter, promulgated and enforced, and from any amendments to present tax laws or new tax laws enacted at the present extraordinary session of the General As sembly in accordance with the recommendations of the Governor, as listed hereinbefore. In the event the entire increased amount derived from Executive Orders of the State Revenue Commissioner heretofore, now, and hereafter promulgated and enforced, and from the enactment of such laws is not sufficient to cover the entire amount recommended by the Governor, such increased funds as are realized shall be distributed on a pro rata basis, using the figures contained in this resolution as a basis, except that before such pro rata distribution is made, the entire amount from such increased funds which should be distributed in ac cordance with the provisions of Article VII, Section IX, Paragraph IV, Subparagraph (b) of the Constitution, relative to highway funds, shall be first distributed.
No official of the State shall be authorized to make any distribu tion of the increased funds as set forth in this resolution contrary to the provisions of this resolution. The provisions of this resolution shall apply to increased funds only and shall be of no further force and effect upon the passage of a General Appropriation Bill and shall not change in any manner the method of distribution of funds received by the State to apply on the fiscal year budget as now authorized by law for the fiscal year ending June 30, 1955 or for the fiscal year ending June 30, 1956.
Senator Overby of the 33rd moved that the Senate disagree with the House substitute and that a Committee of Conference be appointed.
On the motion, the ayes were 39, nays 0.
The motion prevailed and the president appointed as a Committee of Con ference on the part of the Senate: Senators Dykes of the 14th, Overby of the 33rd and Millican of the 52nd.
The following resolutions of the Senate were read and adopted:
SR 15. By Senator Overby of the 33rd:
A resolution appointing a committee to notify the Governor that the General Assembly stands ready to adjourn sine die.
SR 16. By Senator Overby of the 33rd:
A resolution that the General Assembly stand adjourned sine die at 4:45 o'clock p. m. June 17, 1955.
The following resolution of the Senate was taken up for the purpose of con sidering a report of the Committee of Conference on substitute Senate resolu
tion 14:
SR 14. By Senators Harden of the 27th and others: A resolution relating to the distribution of increased funds derived
FRIDAY, JUNE 17, 1955
79
from laws enacted at the present extraordinary session of the General Assembly; and for other purposes.
The report of the Committee of Conference was as follows:
Mr. President and Mr. Speaker, the committee on conference on substitute Senate Resolution No. 14 beg to submit the following:
That both the House and Senate recede from their position and that the following be adopted, by striking lines 14 through 23 of page 1 and insert the following:
State Board of Education ___,,__._..___.__._.._________.__..._. $17,500,000.00 State Board of Regents .-..._.__,,_...,,..__.......-.._...____..._.... 4,500,000.00 Trustees, Teacher Retirement System ___------...... 500,000.00 State Highway Department ____._..___..._..___.._.__..__,,_..._.______ 12,000,000.00 Public Health Department ............_.___...__........... 3,000,000.00
(including Battey Hospital Eugene Talmadge Memorial Hospital) Public Welfare Department .__..__,,.__.__._..._..... .........I 3,000,000.00 Public Assistance State Institutions Department of Corrections and Public Safety .............. 500,000.00
$41,000,000.00
Respectfully submitted,
ON THE PART OF THE HOUSE Groover of Bibb J. Ebb Duncan
ON THE PART OF THE SENATE James M. Dykes--14th Howard T. Overby--33rd Millican--52nd
Senator Millican of the 52nd moved that the Conference Committee report on SR 14 be adopted.
On the motion, the ayes were 37, nays 0, and the Conference Committee report was adopted.
The following communication was read by the secretary:
June 17, 1955
To: Honorable Ernest Vandiver Lieutenant Governor
We wish to commend you and through you the members of the State Senate for your courageous action in responding to the call of Governor Griffin in extraordinary session to provide additional reve nue with which to work toward the adequate needs of education.
M. D. Collins State Superintendent of Schools
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Wm. Henry Shaw President, Georgia Education Association
Knox Walker President, Georgia Congress of Parents and Teachers
W. S. McMichael President, Georgia School Board Members Association
George Whitman, Jr. Chairman, State Board of Education
Harmon W. Caldwell Chancellor, University System of Georgia
Mr. Parker of the 20th District, Chairman of the Committee on Engrossing and Enrolling, substituted 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 man, to report the same back to the Senate as correct and ready for transmission to the House of Representatives:
SR 14.
Respectfully submitted,
Parker of the 20th District,
Chairman.
Mr. Parker of the 20th 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 man, to report the same back to the Senate as correct and ready for transmission to the Governor.
SR 14.
Respectfully submitted,
Parker of the 20th District,
Chairman.
Mr. Parker of the 20th District, Chairman of the Committee on Engrossing and Enrolling, submitted the following report:
FRIDAY, JUNE 17, 1955
81
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 man, to report the same back to the Senate as correct and ready for transmission to the Governor.
SB 4.
Respectfully submitted,
Parker of the 20th District,
Chairman.
Under the provisions of SR 16, the president announced the extraordinary session adjourned sine die at 4:45 o'clock p. m.
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Senate Chamber, Atlanta, Georgia, Monday, January 9, 1956.
The Senators of the General Assembly of Georgia for the year 1955-1956 met pursuant to law in the Senate Chamber at 10 o'clock this day and were called to order by Lieutenant Governor Ernest Vandiver, president of the Senate.
The invocation was offered by Rev. Wyatt M. Gilbert, pastor of the First Baptist Church, Lavonia, Georgia.
The roll was called and the following senators answered to their names:
Ayers Chance
Clary Coffin
Davis Dean Dews Dykes Florence Garrett Harden Harper Harrison Hollis Hopkins Housley Jones, 38th
Jones, 18th Jones, 23rd
Kelly Lambert
Lovett Mann Matthews McBride McDonald Millican Morrison Neel Overby Page Parker Paulk Ponsell
Raulerson Reynolds
Ricketson Roop
Seagraves Shurling Steis Strickland Toms Turner Ursrey Warnell Waters Wetherington Wilkins Wood Zellner
The following resolutions were read and adopted:
SR 1. By Senator Overby of the 33rd:
A resolution that the rules of the regular 1955 session of the Senate be adopted as the rules for the 1956 regular session of the Senate.
SR 2. By Senator Overby of the 33rd:
A resolution that the secretary of the Senate be instructed to notify the House of Representatives that the Senate has convened in regular session and is ready for the transaction of business.
SR 3. By Senator Overby of the 33rd:
A resolution that senate resolution No. 12, adopted at the regular 1955 session of the Georgia Senate relative to employees of the office of the secretary of the Senate and president of the Senate be re-enacted and continued in force at this 1956 regular session of the Georgia Senate, with the exception of reading clerk, whose per diem shall be increased $5.00 per day.
MONDAY, JANUARY 9, 1956
83
SR 7. By Senator Overby of the 33rd:
A resolution extending to Dr. C. L. Ayers, Senator from the 31st Dis trict, congratulations on this his 79th birthday.
The following resolutions were introduced, read the first time and referred to committees:
SR 4. By Senator Overby of the 33rd:
A resolution providing that the rules of the Senate of the 1955 session of the General Assembly of Georgia be amended; and for other purposes.
Referred to Committee on Rules.
SR 5. By Senator Overby of the 33rd:
A resolution providing that the rules for the government of the Gen eral Assembly when assembled in joint session, as heretofore adopted, be amended by providing that in the absence of the president of the Senate, the speaker of the House shall preside; in the absence of both the president of the Senate and the speaker of the House, the president pro tempore of the Senate shall preside; in the absence of the three last named, the speaker pro tempore of the House shall preside; and for other purposes.
Referred to Committee on Rules.
SR 6. By Senator Overby of the 33rd:
A resolution providing for the regulation of the employment of pages and doorkeepers and assistant doorkeepers during the session of the General Assembly; and for other purposes.
Referred to Committee on Rules.
The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
I am instructed by the House to notify the Senate that the House has con vened in regular session and is ready for the transaction of business.
The House has adopted the following resolutions of the House, to-wit:
HR 2. By Mr. Groover of Bibb:
A resolution that a committee be appointed to notify His Excellency, the Governor, that the General Assembly has convened in regular session and is ready for the transaction of business.
The Speaker has appointed as a committee on the part of the House the following members of the House, to-wit:
Messrs. Callier of Talbot, Ivey of Newton and Mincy of Ware.
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HR 5. By Mr. Groover of Bibb:
A resolution providing for a joint session for the purpose of hearing a message from His Excellency, Governor S. Marvin Griffin and pro viding for a committee of escort; and for other purposes.
The Speaker has appointed as a committee of escort on the part of the House the following members of the House, to-wit:
Messrs. Hawkins of Screven, Odom of Camden and Harrison of Wayne.
HR 7. By Mr. Groover of Bibb:
A resolution providing for a joint session for the purpose of electing a successor to the Honorable C. Dixon Oxford as a member of the State Highway Board; and for other purposes.
HR 8. By Mr. Groover of Bibb:
A resolution providing for a joint session for the purposes of electing a successor to the Honorable W. A. Blasingame as a member of the State Highway Board; and for other purposes.
The following resolutions of the House were read and adopted:
HR 2. By Mr. Groover of Bibb:
A resolution by the House of Representatives, the Senate concurring, that a committee of five, there 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 regular session and is ready for the transaction of business.
The president appointed on the part of the Senate as a committee: Senators Overby of the 33rd and McBride of the 10th.
HR 5. By Mr. Groover of Bibb:
A resolution by the House of Representatives, the Senate concurring, that a joint session of the House and Senate be held in the Hall of the House of Representatives at 11:45 o'clock Tuesday, January 10, 1956, for the purpose of hearing a message from His Excellency, Governor S. Marvin Griffin.
The president appointed on the part of the Senate as a committee: Senators Dean of the 40th and Ricketson of the 19th.
HR 7. By Mr. Groover of Bibb:
A resolution by the House, the Senate concurring, that a joint session of the House and Senate be held in the Hall of the House at 11 o'clock a. m. on the 12th day of January, 1956, for the purpose of electing a successor to the Honorable C. Dixon Oxford as a member of the State Highway Board for the central highway district for the unexpired term ending February 8, 1960.
MONDAY, JANUARY 9, 1956
85
HR 8. By Mr. Groover of Bibb:
A resolution providing for a joint session of the House and Senate to be held in the hall of the House at 11 o'clock A. M. on the 12th day of January, 1956 for the purpose of electing a successor to the Honorable W. A. Blasingame as a member of the State Highway Board for the southern highway district for a full term of six (6) years ending on February 8, 1962.
Mr. President, Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following reso lutions of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SR 4. Do Pass.
SR 5. Do Pass.
SR 6. Do Pass.
Respectfully submitted,
S. Ernest Vandiver,
Chairman.
Mr. Brooks of the 50th District, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs 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:
SR 2.
SR 5.
Respectfully submitted,
Brooks of the 50th District,
Chairman.
The following resolution was read by the secretary:
SR 4. By Senator Overby of the 33rd:
Resolved that the rules of the Senate of the 1955 session of the General Assembly of Georgia be amended as the rules of the Senate for the 1956 session, with the following changes and amendments:
1. Insert in Rules 15, immediately after the first sentence, the fol lowing additional sentence:
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"The President shall not recognize any Senator unless he shall address himself to the Chair from his seat; provided, however, the President shall not put a question or take any other action which would foreclose debate if any Senator, not at his seat, shall signify to the Chair that he wishes to be recognized, and shall immediately proceed to his seat for that purpose."
2. Delete from Rule 23 the words "or to any matters which have transpired in any committee or in the House, except as to the final action taken by the House in any pending matter" and substitute there for "or any matters which have transpired in any committee of the House or Senate while the same was in executive session", so that Rule 23, as amended, shall read as follows: "Rule 23. No senator shall, in debate, refer to any private conversation had with another Senator, or to any matters which have transpired in any committee of the House or Senate while the same was in executive session."
3. Strike Rule 24 as now written and substitute therefor the fol lowing: "Rule 24. In nominating candidates for any office, no other candidate shall be disparaged."
4. Amend Rule 28 by adding at the end of the sentence which reads: "Where the vote on any question is not taken by yeas and nays, no Senator shall be allowed to explain except by unanimous consent," the following proviso: "Provided, however, any Senator may explain his vote not taken by yeas and nays by filing such explanation in writing with the Secretary before the confirmation of the Journal on the day next succeeding such vote."
5. Amend Rule 36 by adding at the end thereof the following: "No bill or resolution shall be engrossed except upon the affirmative vote of % of the Senators present. No Senator shall be recognized at any time for the purpose of asking unanimous consent to engross a bill or resolution. When a motion to engross is made, (which motion may be made upon the reading of the bill the first time, and at no other time) no debate shall be permitted, except that the movant may speak to Ms motion not longer than 5 minutes, and any other one Senator may speak in opposition thereto for Sminutes."
6. Amend Rule 41 by adding at the end of the following new paragraph: "No bill, and no resolution, requiring the concurring vote of the House for passage, shall be introduced unless the same shall have been filed in the office of the Secretary before adjournment or before 12 o'clock noon, whichever is later, on the previous day."
7. Delete Rules 42 and 42-A and substitute therefor the following: "The Secretary shall, as soon as possible after any bill or resolution of general application is filed in his office, cause the same to be printed and a copy thereof be distributed to each member forthwith. Whenever any such bill or resolution of general application shall be reported back by the committee to which it was referred with the recommendation that it do not pass as amended, or by substitute, the Secretary shall cause the recommended amendment or substitute to be printed and copies thereof distributed to each member. No bill or resolution of gen eral application shall be placed on its passage unless copies of the same shall have been printed and distributed to the Senators prior to the adjournment on the previous day. The Senate may at any time, by the vote of a majority of a quorum, suspend action upon any pending
MONDAY, JANUARY 9, 1956
87
bill or resolution of general application until all amendments and sub stitutes offered thereto, whether by a committee report or on the floor of the Senate, shall have been printed and distributed to the Senators."
8. Delete Rule 110 and substitute therefor the following: "Rule 110. No person shall be allowed to enter the floor of the Senate except the Senators and officers of the Senate, the officers and members of the House, and the Governor of the State, and such others as the Senate may allow upon recommendation of the Committee on Rules."
Provided, however, the operation of Rule 110 shall be suspended as to representatives of the working press, radio and television until an appropriate gallery can be arranged therefor, which time shall be de termined by the Committee on Rules who shall communicate by appro priate means the fact that this suspension of Rule 110 has been termi nated.
9. Delete from Rule 111 the words 'the Committee on Journals" and substitute therefor the words "the Committee on Senate Adminis trative Affairs."
10. Delete Rule 112 and substitute therefor the following: "Rule 112. The session of the Senate each day, except Sunday, shall commence at 10:00 a. m., unless otherwise ordered by the Senate, and shall con tinue until the Senate shall be adjourned upon motion."
11. Strike Rule 124.
12. Strike from Rule 132 the words "the Engrossing and Enrolling Committee" in both places it appears, and substitute therefor the words "the Committee on Senate Administrative Affairs."
13. Strike Rule 134 in its entirety and substitute therefor the fol lowing: "Rule 134. The President shall appoint the following standing committees, which shall have the following number of Senators each:
Committee on Agriculture and Natural Resources--9
Committee on Appropriations--15
Committee on County and Municipal Governments--11
Committee on Defense and Veterans Affairs--7
Committee on Educational Matters--11
Committee on Finance--15
Committee on Health and Welfare--11
Committee on Highways--15
Committee on Industry and Labor--9
Committee on Interstate Cooperative Council of State Govern ments--5
Committee on Judiciary--11
Committee on Penal and Correctional Affairs--7
Committee on Public Utilities and Transportation--9
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Committee on Rules--13
Committee on Senate Administrative Affairs--5
Committee on Temperance--9
The President shall appoint a Chairman, a Vice Chairman, and a Secretary on each committee. It shall be the duty of the Chairman, or, in his absence, the Vice Chairman, to call meetings of the Committee whenever in his discretion the business of the committee requires it, and he shall call a meeting of the committee whenever one-third of the members so request. The Secretary shall keep minutes of the meetings of the committee, which shall be made available to any Senator, but which shall not be matters of public record.
In the absence of the Secretary, the Chairman may designate some other member of the committee to act as Secretary. In the absence of the Chairman, the Vice Chairman shall act as Chairman. In the absence of the Chairman and Vice Chairman, the committee shall select one of its members to serve as acting Chairman.
The Chairman of the Committee on Appropriations shall be ap pointed a member of the Committee on Finance, and the Chairman of the Committee on Finance shall be appointed a member of the Com mittee on Appropriations.
The President of the Senate shall be an ex-officio member of all standing committees of the Senate, but shall have no vote as an exofficio member except on the Committee on Rules, of which he shall be Chairman.
Each Senator shall be appointed to serve on three committees and no Senator shall be appointed to serve on more than four committees. No Senator shall be appointed Chairman or Vice Chairman of more than one committee.
14. In Rule 135, delete all that follows "8. Unanimous consents" and substitute for the deleted matter the words: "9. Establishment of the order of business for the day."
15. Delete Rule L39 and substitute therefor the following: "Rule 139. The Committee on Senate Administrative Affairs shall, within 20 days after the beginning of each annual session, audit the accounts of every Senator for expenses as a committeeman or incurred in discharge of any duty as a member of the Senate since the last preceding annual session, and shall, within the said 20-day period, report its findings to the Senate, listing the names of each such Senator and the general nature of the duty in which said expenses were incurred, together with the amount thereof, and the per diem received by such Senator in connection therewith. Said committee shall report to the Senate for appropriate action any violations of law or these rules."
16. Adopt a new rule, to be numbered Rule 124 (replacing that deleted in recommendation 11 above so as to keep the numbering of other Rules unchanged) to read as follows: "Rule 124. No Senator shall, except by special resolution, draw any per diem in excess of 20 days per annum in addition to regular or special sessions of the Senate."
MONDAY, JANUARY 9, 1956
89
17. Any conference committee report in the Senate must be adopted by a constitutional majority vote of the Senate.
18. House amendments to a Senate bill must be adopted by a con stitutional majority vote of the Senate.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 46, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
The following resolution was read by the secretary:
SR 5. By Senator Overby of the 33rd:
Be it resolved by the Senate of the General Assembly of Georgia as follows:
1. That no person be employed as a page who is under the age of 12 years, and that each Senator be allowed to name not more than 1 page per day for 5 days during the session, such days to be selected by said Senator, and that the Lieutenant Governor be allowed to name not more than two pages per day during each day of the session during which the Senate is in session.
2. That not more than 1 doorkeeper and 4 assistant doorkeepers be employed during each day in which the Senate is in session.
3. That no person be paid for services rendered to the Senate in any capacity while such person is drawing any salary, wages, or other compensation from any other department of the State.
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 46, nays 0.
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
The following resolution was read by the secretary:
SR 6. By Senator Overby of the 33rd:
Be it resolved by the Senate of Georgia, the House concurring, that the rules for the government of the General Assembly when assem bled in joint session, as heretofore adopted, be amended by adding at the end of Rule 6 the following:
"In the absence of the President of the Senate, the Speaker of the House shall preside; in the absence of both the President of the Senate and the Speaker of the House, the President pro tempore of
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the Senate shall preside; in the absence of the three last named, the Speaker pro tempore of the House shall preside."
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 two-thirds ma jority, was adopted.
Senator Overby of the 33rd moved that the Senate do now adjourn and the motion prevailed.
The president announced the Senate adjourned until 10 o'clock tomorrow morning.
TUESDAY, JANUARY 10, 1956
91
Senate Chamber, Atlanta, Georgia, Tuesday, January 10, 1956.
The Senate met pursuant to adjournment at 10:00 o'clock this morning and was called to order by the president.
Scripture reading and prayer was offered by the chaplain.
By unanimous consent, the call of the roll was dispensed with.
Senator Steis of the 25th 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 Overby of the 33rd asked unanimous consent that the' following be established as the order of business for today:
1. First reading and reference of bills and resolutions.
2. Reports of standing committees.
The consent was granted.
The following bills were introduced, read the first time and referred to committees:
SB 1. By Senator Overby of the 33rd:
A bill to provide for closing the public schools in any county, city or independent school system; to provide for grants for educational pur poses to the children of school age in any such county, city or inde pendent school system; to define the powers of the Governor hereunder; and for other purposes.
Referred to the Committee on Rules.
SB 2. By Senator Overby of the 33rd:
A bill to provide that it shall be a misdemeanor for any person to enter upon any state-owned or operated property where such property has been closed to the public on executive order of the Governor, or by order of the department head having supervision over such property; and for other purposes.
Referred to the Committee on Rules.
SB 3. By Senator Overby of the 33rd:
A bill to provide for the leasing of school property of any county, city or independent school system for private educational purposes; and for other purposes.
Referred to the Committee on Rules.
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SB 4. By Senator Overby of the 33rd:
A bill to amend the act creating State School Building Authority, (Ga. Laws 1951, p. 241), so as to authorize the subleasing of any structure, building or facility of the authority for private educational purposes; and for other purposes.
Referred to the Committee on Rules.
SB 5. By Senator Overby of the 33rd:
A bill to authorize the state, or any county, municipal corporation or other political subdivision thereof to sell, lease, grant, exchange or otherwise dispose of any property or interest therein comprising parks, playgrounds, golf courses, swimming pools, or other property which has been dedicated to a public use for any purpose; and for other purposes.
Referred to the Committee on Rules.
SB 6. By Senator Overby of the 33rd:
A bill to amend the act creating the Teacher Retirement System, (Ga. L. 1943, p. 640) by providing for the admission of teachers in privately operated nonsectarian schools to said system; and for other purposes.
Referred to the Committee on Rules.
SB 7. By Senator Overby of the 33rd:
A bill to amend the act approved February 11, 1955 (Georgia Laws 1955, p. 174) prohibiting the expenditure of public funds for the opera tion of public schools under the circumstances therein defined, by amending Section 3 of said act relating to violations thereof, so as to authorize actions to enjoin any violation or threatened violation of said act; and for other purposes.
Referred to the Committee on Rules.
SB 8. By Senator Overby of the 33rd:
A bill to prohibit the operation of any private school without a certifi cate from the State Fire Marshal that its building do not constitute a fire hazard; and for other purposes.
Referred to the Committee on Rules.
SB 9. By Senator Overby of the 33rd:
A bill to amend the act creating the Department of Commerce so as to provide for the compensation of the Secretary of the Board of Commissioners of the Department of Commerce and to create the office of assistant secretary; and for other purposes.
Referred to the Committee on Rules.
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93
SB 10. By Senator Dean of the 40th:
A bill to provide for the issuance of automobile license tags to disabled veterans; and for other purposes.
Referred to the Committee on Public Utilities and Transportation.
The following resolution was introduced, read the first time and referred to committee:
SR 8. By Senators Millican of the 52nd, Hollis of the 24th and Overby of the 33rd:
A resolution to amend Senate Resolution No. 4, page 3, amended rule No. 110 by striking the words "which time shall be determined by the Committee on Rules who shall communicate by appropriate means the fact that this suspension of Rule 110 has been terminated" so that said paragraph will read "Provided, however, the operation of rule 110 shall be suspended as to representatives of the working press, radio and television until an appropriate gallery can be arranged therefor."
Referred to the Committee on Rules.
Under the provisions of SR 4, 5 and 6, adopted yesterday, the president an nounced the following standing committee appointments for the 1956 session:
AGRICULTURE AND NATURAL RESOURCES
Dean, Chairman Ursrey, Vice Chairman Reynolds, Secretary
Chance Florence
Matthews Parker Shurling Zellner
APPROPRIATIONS
Lovett, Chairman Shurling, Vice President Chance, Secretary
Coffin Dean Florence Garrett Jones of the 18th
Jones of the 38th Kelly Mann McBride Paulk Ponsell Raulerson
COUNTY AND MUNCIPAL GOVERNMENTS
Turner, Chairman Dews, Vice Chairman Warnell, Secretary
Chance Dykes McDonald
Millican Ponsell Ricketson Wetherington Wood
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DEFENSE AND VETERANS AFFAIRS
Ricketson, Chairman Zellner, Vice Chairman Ponsell, Secretary
Housley
Jones of the 18th Steis Warnell
EDUCATION MATTERS
McDonald, Chairman Page, Vice Chairman Hopkins, Secretary
Ayers Davis Harrison
Jones of the 23rd Lovett Mann Neel Shurling
Garrett, Chairman Millican, Vice Chairman Richardson, Secretary
Ayers Coffin
Dykes Jones of the 38th Lovett
FINANCE
Raulerson Reynolds Seagraves Strickland Toms Wilkins Wood
Dykes, Chairman Matthews, Vice Chairman Waters, Secretary
Blalock Harden Housley Jones of the 23rd Ricketson
HIGHWAYS
Seagraves Strickland Toms Waters Wetherington Wilkins Wood
HEALTH AND WELFARE
Harrison, Chairman Ayers, Vice Chairman Mann, Secretary
Blalock Florence Paulk
Roop Strickland Toms Wilkins Zellner
INTERSTATE COOPERATIVE COUNCIL OF STATE GOVERNMENT
Lambert, Chairman Jones of 18th, Vice Chairman Overby, Secretary
Clary Ursrey
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95
INDUSTRY AND LABOR
Clary, Chairman Harper, Vice Chairman Neel, Secretary
Hollis Overby
Page Reynolds Roop Turner
Hollis, Chairman
Davis, Vice Chairman Paulk, Secretary
Brooks Dean Dews
JUDICIARY
Harper Lambert McDonald Morrison Steis
PENAL AND CORRECTIONAL AFFAIRS
Blalock, Chairman Jones of 38th, Vice Chairman Parker, Secretary
Brooks
Dews McBride Morrison
PUBLIC UTILITIES AND TRANSPORTATION
Morrison, Chairman Roop, Vice Chairman Wetherington, Secretary
Garrett Hopkins
Matthews Raulerson Richardson Warnell
Mr. President, Chairman Harden, Vice Chairman Coffin, Secretary
Clary Davis Hollis Hopkins
RULES
Housley Lambert Millican Neel Overby Page Turner
SENATE ADMINISTRATIVE AFFAIRS
Brooks, Chairman Steis, Vice Chairman Kelly, Secretary
Parker Ursrey
TEMPERANCE
McBride, Chairman Seagraves, Vice Chairman Jones of 23rd, Secretary
Harden Harper
Harrison Kelly Richardson Waters
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The following communication from His Excellency, Governor Marvin Griffin, was received and read:
STATE OF GEORGIA
Executive Department
Atlanta
January 10, 1956
General Assembly of Georgia State Capitol Atlanta, Georgia
Gentlemen:
In accordance with and pursuant to Article 5, Section 1, Paragraph 11 of the Constitution of Georgia, 45 (Sec. 2-3011 Ga. Code Ann.) I have the honor of transmitting the attached list of reprieves given since the last session of the General Assembly.
Sincerely,
Marvin Griffin Governor
MG:WMC Encl.
cc: Speaker Marvin E. Moate Lieutenant Governor Ernest Vandiver
Name
Date of Offense Sentence
Jennings Edward Fields,* Murder 3-11-54
Walter Philpott,**
Murder 4-20-55
Harold E. Hill,*
Murder 12- 8-54
Sentence Death Death Death
Date of Reprieve
12-21-55
12-16-55
(8- 5-55 9-21-55)
Simon Draine,** Frederick Mosley,** Aubrey Williams,***
Murder 2-17-55
Death
Rape 10- 7-54
Death
Murder October 1953 Death
10-10-55 6-15-55 8-19-55
*Sanity Hearing.
**In order to secure further evidence.
***In order to review judgment of Supreme Court of Georgia entered July 15, 1955.
TUESDAY, JANUARY 10, 1956
97
Executive Department
Marvin Griffin Governor
Atlanta
Ben T. Wiggins Executive Secretary
January 10, 1956
Honorable Ernest Vandiver Lieutenant Governor of Georgia
and Speaker of House
Gentlemen:
By virtue of the authority vested in me as Governor of the State of Georgia under the provision of Section 40-205, Georgia Code An notated, I have suspended the collection of certain taxes since the last meeting of the General Assembly. I transmit herewith copies of the Executive Orders suspending said taxes.
Sincerely,
Marvin Griffin Governor
MG:WMC Ends.
Executive Department Atlanta
Marvin Griffin Governor
EXECUTIVE ORDER
Ben T. Wiggins Executive Secretary
BY THE GOVERNOR:
WHEREAS: Under the provisions of the Acts of the General Assembly of 1927, Page 84, as amended by the Acts of 1935, Page 50, which Act is codified as Section 92-2010 of the Code of Georgia of 1923,
"Each person, firm, corporation, or partnership buying salary or wage accounts or lending money upon the same shall pay $250.00 for each office or place of business maintained," and
WHEREAS: The General Assembly of Georgia did at the 1955 Session pass House Bill 151, Act 219, regulating the small loan business and which Act did:
(a) Repeal the provisions of law contained in Chapter 25-2 of the Code of Georgia of 1933 as amended under which persons upon whom the tax or license fee imposed by Section 92-2010 above operated, and
(b) Said Act imposed an annual license tax of $200.00 beginning on its effective date, and a $50.00 application examination fee, and
WHEREAS: The collection of the license fee and application fee
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from persons covered by Section 92-2010 did result in a duplicate tax on such persons, and
WHEREAS: I consider it not to be to the best interest of the State of Georgia for a license tax to be imposed twice for the same operation.
It is ordered that the license fee and the examination fee required by House Bill 151, Act 219 approved March 4, 1955, effective May 3, 1955, be and the same hereby is suspended for the balance of the calen dar year of 1955 on each person, firm, corporation or partnership covered by the aforesaid section 92-2010 of the Code of Georgia 1933, who have paid the 1955 license fee provided by 92-2010.
It is further ordered that this order of suspension is effective this date and remains in effect until the next meeting of the General As sembly of Georgia.
It is further ordered and specifically provided that the suspension herein provided for shall not be applicable to any license or examination fee imposed by said Bill due, accrued, and/or collectible after January 1, 1956.
This order is passed under and by virtue of the authority vested in me as the Governor of the State of Georgia under the provisions of Code Section 40-205, which section is as follows:
"The Governor may suspend collection of taxes, or any part thereof, due the State until the meeting of the next General Assembly, but no longer; nor shall he otherwise interfere with the collection thereof."
This the 21st day of March, 1955.
Marvin Griffin GOVERNOR
FOR THE GOVERNOR: Ben T. Wiggins Secretary, Executive Department
STATE OF GEORGIA
Executive Department
Atlanta
EXECUTIVE ORDER
SUSPENSION OF TAXES
BY THE GOVERNOR:
WHEREAS: The Governor may suspend collection of taxes, or any part thereof, due the state until the meeting of the next General Assembly, but no longer; it is therefore
ORDERED: That all the annual license fees on passenger auto mobile and busses owned by a church or churches, and used for the exclusive benefit of the church, no profit or income therefrom inuring to the benefit of any private person, in excess of the sum of $2.50 per
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99
year for each of said motor vehicles is hereby suspended until the next meeting of the General Assembly of Georgia, and no longer.
This the 17th day of March, 1955.
Marvin Griffin GOVERNOR
BY THE GOVERNOR: Ben T. Wigging Secretary, Executive Department
8/29/55
Marvin Griffin Governor
Executive Department Atlanta
EXECUTIVE ORDER
Ben T. Wiggins Executive Secretary
BY THE GOVERNOR:
WHEREAS: The General Assembly of Georgia passed an Act, which was approved by the Governor, which provided that income tax returns of all persons serving in the armed forces of the United States between January 1, 1950, and the termination of the Korean conflict shall be computed so as to allow a deduction from gross income for any year of so much of their compensation for such services as does not and did not exceed $1,500.00, in addition to all other deductions allowed by law, and
WHEREAS: Said Act did not relieve said persons serving in the armed forces from the payment of interest and penalties when they were delinquent in filing income tax returns caused by their being away from home due to such service, it is therefore
ORDERED: That any person serving in the armed forces of the United States between January 1, 1950, and the termination of the Korean conflict shall have suspended all interest and penalties for failure to make income tax returns, due to such service, until 90 days after their return home, or discharge from the service in the armed forces, whichever is earlier, the time for the filing of their income tax returns and payment of income tax, if any be due, being extended until said earliest of the dates set forth above. This order to be in full force and effect until the next regular session of the General Assembly of Georgia.
This the 12th day of August, 1955.
GOVERNOR
BY THE GOVERNOR:
Secretary, Executive Department WHEREAS the General Assembly by House Bill No. 2 as amended,
an Act approved the 30th day of June, 1955, levied, in addition to all
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other taxes, fees, license fees or other charges, a tax of 3% upon the total amount of all fees, interest, insurance premiums and all other charges of whatever kind or nature collected on any loan over and above the amount of money actually advanced to the borrower as the principal of the loan by any person licensed by the provisions of the Georgia Industrial Loan Act, and further provided that the said tax shall not be added in any manner as an additional fee or charge against the borrower, and
WHEREAS the Attorney General of Georgia has advised in writ ing that in his opinion the said Act is discriminatory, and
WHEREAS the Comptroller General of Georgia who is Ex Officio the Georgia Industrial Loan Commissioner, has recommended that the said tax be suspended except as it applies to collections of interest until the next Session of the General Assembly; and
WHEREAS it appears from information given by the Georgia In dustrial Loan Commissioner that the execution of this tax in the manner prescribed by the said Act would probably put many licensees under the Georgia Industrial Loan Act out of business, and
WHEREAS further experience under the Georgia Industrial Loan Act is needed in order to determine the extent to which licensees there under can bear additional taxes and charges.
NOW THEREFORE, it is ordered that the tax of 3% levied in said Act, excepting only such tax upon the total amount of all interest collected on such loans, be and the same hereby is suspended until the next Session of the General Assembly, so that the said 3 % shall be paid upon all interest collected on such loans but no such tax of 3% shall be collected upon any fees, insurance premiums, or other charges of any kind or nature collected on any such loan except the interest collected thereon.
WITNESS MY HAND AND OFFICIAL SEAL, this July 8th, 1955.
Marvin Griffin GOVERNOR
The hour for 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 pur pose 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, the Governor, addressed the General Assembly as follows:
LIEUTENANT-GOVERNOR VANDIVER, SPEAKER MOATE, MEMBERS OF THE SENATE AND OF THE HOUSE OF REPRESENTATIVES AND MY FRIENDS:
It is a pleasure for me to appear before you to submit my State of the State message and to report to you that the condition of the State is excellent.
It 'is excellent through your sustained cooperation with an administration
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101
that has attuned its policies and programs to a growing and more prosperous Georgia.
Working together we have assured a better way of life for our people.
Georgia is carrying forward in full force all essential governmental pro grams.
We are living within our income.
We have a $16 million dollar surplus in the treasury.
There will be no new taxes.
We shall not dissipate the surplus the State has accumulated.
At this time, I shall outline to you the administration's legislative program for this session. A detailed discussion of budget and fiscal matters will await my budget message to be submitted to you within 15 days.
INDUSTRIAL DEVELOPMENT
Let me assure you that Georgia's economic future was never so bright as it is today.
Agriculture and industry are the key words to the greater progress and prosperity of our people.
Realizing this, your State administration has gone the limit to attract new industry to Georgia. Likewise, it is working in scores of ways to improve our agricultural potential through solid programs of service to our farmers.
That we are succeeding is demonstrated by the fact that in 1955 alone more than 250 new industrial plants of varying size either were completed, underway or announced for early construction in communities throughout the State. These additions to Georgia's industrial potential represent a capital expenditure ex ceeding $150 million dollars. And it is estimated they will provide added em ployment opportunities for over 15,000 workers.
Our rapid growth also is reflected in the U. S. Commerce Department's recent announcement that Georgia's total population has gained an estimated 161,000 persons since the 1950 census.
AGRICULTURE
In agriculture, we have made comparable advances.
Farm income for the first 10 months of 1955 was up $41 million dollars over the preceding year.
Caught in the middle between declining prices for what he produces and ever-mounting costs of what he has to buy, the Georgia Farmer has had to seek
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higher yields in an effort to make a living. Had prices held to fair levels in line with other economic indices our agriculture would have staged a complete recovery.
In spite of all we can do to help ourselves, the farmer has become the for gotten man and it is high time that Washington got to work and did something about it and quick.
Georgia farmers have increased their gross income, not on account of Ezra Taft Benson, but in spite of him.
NEW ATLANTA MARKET
Under the Farm Market Authority, created by this General Assembly, we are completing plans for the construction of the largest farmers market in the world to be built in Atlanta.
This huge 200-acre facility will be located on the South expressway affording access in all directions to great volume of automobile, rail and truck traffic from all parts of the state.
FORESTRY
Through great expansion of forest protection and reforestation, Georgia now produces more lumber than any State east of the Mississippi River. With the pulp and paper industry increasing by many millions annually, this adminis tration has strengthened the entire forestry program.
Early last year we provided a special allocation to the Georgia Forest Re search Council so that it can carry out its progressive work.
SOIL AND WATER CONSERVATION
Georgia is dedicated to continuing endeavor to conserve two of the State most indispensible material resources--soil and water.
Cooperating in this movement are: the Extension Service, the State Soil Conservation Committee, the Water Law Revision Commission and the Depart ment of Mines, Mining & Geology.
EDUCATION
Expenditures for all phases of education reached a new high this fiscal year, jumping from 122% million to 138 million dollars, a 15% million increase.
This new money which you provided made it possible to employ 1,203 addi tional teachers, to add over 300 new school buses and to grant a $200 across-theboard pay increase to teachers in our common schools.
You will be interested to know that these increased funds also provided sub stantial additions to the outlays for teacher retirement, operating expense, transportation and equalization funds.
According to the State Department of Education, Georgia teachers' pay
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103
for those holding a 4-year college certificate or more now ranges from a begin ning salary of $2,600 annually up to $3,500 with the average salary being $3,150.
This is the highest salary scale for teachers in the history of Georgia.
Our State is spending 51 % of its total budget for common schools and higher education.
I am happy to report far-reaching strides in the school building program under the State School Building Authority. Seven thousand new classrooms were completed and three thousand more will be finished and put into service this year.
UNIVERSITY SYSTEM
Funds available to the University System were increased three million dollars this fiscal year over last. This made possible a $300 average increase in the salaries of faculty members.
Other outlays were made for equipment, for training and research, extension work expansion, plant repairs and maintenance.
Fourteen major new buildings were completed in the system last year, cost ing 3% million dollars. About 4 million in vital facilities are underway now and about $11 million in other construction is in the planning stage.
Never before since establishment of the University System have funds avail able for operations, new construction, and maintenance more nearly approached an adequate level than at the present time.
But we cannot rest on our present attainments, for finding solutions to our problems in education, are just beginning. Cumulative enrollments in our public schools are increasing at the rate of 30,000 pupils per year while enrollment in our colleges is increasing at the unprecedented rate of 3,000 a year.
HIGHWAYS Now, a review of highway and rural road construction.
The year just concluding saw the Highway Department preparing for an unparalleled road program which will aggregate in the coming fiscal year the following amounts: State Appropriation, $58,000,000; Federal Funds, $20,500,000; Grant to Counties, $9,300,000; Rural Roads Program, $35,000,000 for a total of
$123,000,000.
This is by far the largest amount ever made available for road construction in a comparable period for our state.
Several reforms and innovations have been made by the Highway Board in order to carry this vast amount of work forward more efficiently and with
greater dispatch.
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For instance, a new million dollar laboratory has been completed at Georgia Institute of Technology to house materials' testing and research operations of the department.
To speed up some phases of the engineering process an up-to-the-minute aerial mapping unit has been installed in a modern laboratory building adjacent to the Atlanta Municipal Airport. Here aircraft of the department are kept and here photographic flights originate.
Another move to obtain greater efficiency of operation is the reorganization of highway field divisions.
Prisoners will soon be used over Georgia to augment regular highway main tenance forces in performing repairs and clearing rights-of-way on our road system. They will not replace or displace highway department personnel, but will be busy for many years helping catch up on the huge maintenance backlog that needs to be done and will have to be kept current as new roads are built in the future.
RURAL ROADS
Georgia's $100,000,000 rural roads program is off to a most encouraging start.
The first increment of bonds, totaling $14% million dollars, were sold No vember 15th at the favorable interest rate of 2.69 per cent. Proceeds of this issue are being used to cover grading of 460 miles and base and paving of 1,016 miles of farm-to-market roads and school bus routes. Already well underway are surveys on another 1,100 miles for inclusion in the second increment of an additional $15,000,000.
Our present goal for completion of the entire program is the middle of 1958.
It is my considered judgment that consummation and completion of these thousands of miles of hard-surfaced roads for Georgia will do more to stimulate our economic growth and to increase land values than any other undertaking ever attempted by the State.
HEALTH
The status of personal and community health in Georgia is the best we have ever recorded.
Hospital and health center construction has continued with 51 projects, totaling $22% million dollars, completed, underway or approved since January 1, 1955.
Increased State aid for other operations of the Health Department have brought tangible improvements in all its fields.
STATE INSTITUTIONS
Personally, I am gratified at the gains we have made at the State Institu tions in the past year.
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105
The newest of these, the Eugene Talmadge Memorial Hospital, will open its doors for patients about April 1st. This occasion will be a milestone in medical progress because it represents the establishment of a long-desired medical center at the Medical College of Georgia at Augusta.
Let me emphasize that at all times in the operation of this hospital care will be taken to avoid competition with existing hospitals and private medical practice.
MILLEDGEVILLE HOSPITAL
At Milledgeville State Hospital long strides forward are being made in the field of Mental Health.
An allocation of $1% million dollars was made by me out of surplus funds to cover cost of renovating the century-old Powell Administration Building at the hospital. Numerous other additions have been made to the physical plant at this institution.
GRACEWOOD TRAINING SCHOOL
Meanwhile, several improvements are being made to the plant of the Geor gia Training School for Mental Defectives at Gracewood.
Two dormitories; a dormitory addition; a classroom auditorium-gymnasium building; a laundry addition, central kitchen, warehouse and office building; physicians' residences and other major improvements, begun or completed, have marked the State's effort to expand this humanitarian school.
BATTEY HOSPITAL
Modern drug therapy and better treatment have resulted in a slight decline in the total number of patients at Battey Hospital for three years now, reflecting a favorable trend. However, the number of far-advanced cases continues to increase, showing a constant need for the best treatment the State can provide.
During the year 1955, a new 100-bed hospital for tubercular prisoners was completed and staffed.
WELFARE ASSISTANCE
Georgia's welfare program totaling $66 million dollars this year is bringing assistance benefits to 167,000 needy aged, blind, dependent children and totally disabled.
Ranking ninth in the nation, our State's total assistance outlay brings to the average Georgia County over a half million dollars each year for welfare payments. Totals by counties range from $36,000 for Chattahoochee County to $6% million for the largest, Fulton County.
STATE PORT Having just ended a highly successful year, the Savannah State docks and
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warehouses operated by the Georgia Ports Authority face another year of ex pansion and booming business.
During the first 10 months of the preceding year, the docks berthed 318 vessels, trebling the net profit for the six months just finished. The cash posi tion as of October 31, 1955, totaled over a million dollars with another quarter of a million in accounts receivable and inventory. Any surplus must be used for the sole purpose of retiring outstanding bonds.
Gross earnings since purchase of the Port total in excess of $5 million dollars.
As a result of the substantial growth of the Savannah property we hope to build three more general cargo berths this year.
HIGHWAY PATROL
During the last 5 years, the number of cars and trucks on the highways of this State have increased at the rate of about 60,000 additional vehicles annually.
More motorists and truckers and more miles traveled mean a higher acci dent rate. Our Georgia State Patrol is doing everything within the limitation of its resources to enforce Georgia's traffic laws.
A new headquarters building for the Department of Public Safety costing over a million dollars, was authorized by me several months ago. This edifice will be paid for by cash and will not carry an interest rate.
DEPARTMENT OF DEFENSE
A valuable program being carried out by the State Department of Defense last year brought 26 Georgia cities new armories averaging in cost about $100,000 a piece. The federal government pays 75 per cent of the cost with the State and local communities assuming the balance on a 50/50 basis.
The Georgia National Guard ranks high in the nation both in training and proficiency.
VETERANS
This administration is doing a superior job for Georgia veterans and their widows giving dedicated service in processing their claims and in helping to obtain the benefits to which they are entitled.
Georgia stands with the the top three States in bringing G. I. training pro grams to her Korean veterans. They will soon reach their peak with over 30,000 veterans enrolled.
Educational, vocational, farm and job training, together with the various pension and compensation programs, brought Georgia's ex-servicemen and their dependents over 67 million dollars last year. We take pride in the part the
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107
Georgia State Department of Veterans' Service has played in helping secure these federal benefits for our veterans.
ECONOMY At the conclusion of the first year of this administration, I can say with perfect candor and complete justification that all of our departments and agen cies are operating at a high degree of efficiency.
We have channeled the revenues of the state into essential services only and we have not allowed unjustified increases in purely administrative agencies.
True economy has been the watchword.
Your state's healthy fiscal condition is the best evidence to support that statement.
Procedures and laws governing methods of operation of the purchasing department are being enforced more rigidly than at any time within my knowledge.
Records are open to examination by any citizen at any time.
REVENUE DEPARTMENT
The heart of the State government, that vital organ which gathers the sub stance to keep all the departments operating smoothly and efficiently, is the State Revenue Department.
Credit and praise should go to the State Revenue Commissioner who has earned for himself an unsurpassed record in the equitable enforcement of the State's revenue laws and in stamping out illicit liquor traffic.
THE RECORD That, my friends, is what we have done.
That is the record of my administration.
I am proud of it.
I stand on it.
LEGISLATIVE COMMITTEES
During the last several months, you have had legislative committees study ing such subjects as economy, sex crime laws, Workmen's Compensation, the advisability of creating a statewide probation system and other important items.
Permit me to commend the members of these committees for their interest, their hard work and for the constructive nature of their recommendations.
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ECONOMY RECOMMENDATIONS
Your joint House-Senate Economy Committee has studied the functions of every department and agency of the state government and, as a result, will offer more than fifty bills for recommended changes in State laws relating to departmental operations.
I endorse the objectives of practically every one of these bills but caution the General Assembly to study each carefully. I have reservations about any measures which might place the State in competition with private business enterprise.
Likewise, I am not in favor of creating any new agencies or obligating the state for any new functions which might cost a substantial amount of addi tional money to activate and operate in the years ahead.
PROBATION SYSTEM
There is, however, one proposal calling for increased expenditures that I believe will save substantial sums of tax money in the long run and that is creation of a statewide probation system.
Many hundreds of first offenders now in prison would have been allowed to serve their sentences on probation if our judges had felt they would have had strict supervision under control of the court.
WORKMEN'S COMPENSATION
Last year, we adopted legislation authorizing substantial advances in the schedule of benefits for injuries and death to industrial workers and their families under the Workmen's Compensation Act.
For several years, industrial groups have maintained that various abuses and inequities have crept into the law. I suggest that you give close attention to the views of both management and employees on this subject so as to achieve, as near as possible, a law that is fair to all concerned.
SEX CRIME STUDY
You will recall that last year, after the commission of a heinous sex crime, Speaker Moate and I constituted the Seventh District Legislators Association as a committee to study and make recommendations to strengthen our laws in this regard.
Several items of proposed legislation have been prepared and will be pre sented as a direct result of the work of this committee. It is my wish that they be enacted into law.
HIGHWAY BOARD
The General Assembly will elect two members of the State Highway Board, one member for a full term and another for an unexpired term.
It would please me very much if you would confirm my appointee, Roger
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Lawson, by electing him to the unexpired term of the Honorable Dixon Oxford and by re-electing Dr. Walter A. Blasingame to a full term on the board.
PEACE OFFICERS' RETIREMENT FUND
The Peace Officers' Annuity and Benefit Fund has been functioning for several years. The board and its officers have had opportunities to study opera tion of the fund and will offer measures to the -Legislature designed to strengthen and improve laws under which these benefits, vital to our peace officers, are administered.
I enlist your cooperation in assuring passage of this needed legislation.
PURCHASING LAWS
At this session, the administration will offer a measure to define the eligi bility of those who seek to sell goods or services to the state.
This proposel, when adopted, will implement and take the place of Special Executive Order Number One, promulgated by me July 28, 1955.
HIGHWAY SAFETY Another important subject--Highway Safety.
Georgians are concerned deeply by the terrible toll of life each year from traffic accidents, exceeding 1,000 in this State alone last year, not counting personal injuries and property loss.
No one can prescribe a specific to reduce wrecks on the highways. It is a many-sided enigma requiring a many-sided approach for a proper answer.
Seeking one, I recommend to this Assembly that sufficient funds be appro priated to employ additional members of the uniform division of the State High way Patrol.
AGRICULTURE
On July 1, 1955, United States Department of Agriculture livestock dis ease control funds for Georgia were reduced from $600,000 per year to $300,000 annually. This action was taken because the State Department of Agriculture did not have a sufficient appropriation to provide matching money.
Consideration of the proposed budget next year should include amounts necessary for Georgia to take full advantage of federal livestock disease control programs. These provide indemnities for livestock that must be slaughtered and for large-scale testing activities to be carried on by veterinarians working in cooperation with the State Department of Agriculture.
Provisions should be made in the budget so that our State can take full advantage of these funds. Sufficient amounts of the appropriation to the Depart ment of Agriculture should be earmarked for this purpose with a proviso that if such amounts are not used for matching available money that they revert to the State Treasury.
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SCHOOL SEGREGATION
We now come to the most vital question that has ever been before this legislative body since the state was created--that is the question of maintaining segregation.
Let me reiterate my policy so there can be no misunderstanding on the part of anyone now or in the future.
There will be no mixing of the races in the public schools and college class rooms of Georgia anywhere or at any time as long as I am governor.
I campaigned for governor in 1954 with Segregation as the number one plank in my platform.
The Democratic Party of Georgia, in convention assembled, at Macon, re affirmed this solemn pledge I made to the people of my state.
In the General Election of 1954 Georgians ratified a constitutional amend ment permitting the state to make individual grants for educational purposes.
This General Assembly has gone on record that no public money will be spent in a single school or college in this state where the races are mixed.
My mandate from the people of Georgia is clear.
I shall hew to the line.
I shall not be intimidated.
I call upon every elected official, every department head and the head of every educational institution to join with me in my fight to maintain the in tegrity of both races.
The time has come to stand up and be counted.
We must either play on the team or leave the field.
We must not desert future generations of Georgians.
We must never surrender.
All attempts to mix the races, whether they be in the classrooms, on the playgrounds, in public conveyances or in any other area of close personal con tact on terms of equality, peril the mores of the South.
I am opposed unalterably to any breakdown in such barriers and do not feel that I can, in good conscience, condone one breech and be opposed to another.
The tragic decision of the United States Supreme Court on May 17th, 1954, poses a threat to the unparalleled harmony and growth that we have attained
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111
here in the South for both races under the framework of established customs.
Day by day Georgia moves nearer a showdown with this Federal Supreme Court-- a tyrannical court ruthlessly seeking to usurp control of state-created, state-developed and state-financed schools and colleges.
Two lawsuits brought by the National Association for the Advancement of Colored People are pending already, one against the public schools of At lanta and another against the University Law School at Athens. In addition, petitions have been filed with local school authorities seeking mixed schools in several other Georgia communities.
The time has come for us to gird ourselves for battle, steel ourselves for sacrifice, use every means at your command to prevent this devasting tragedy.
The hour for action is here.
PARKS DISPOSAL
Two bills will be presented, one of them authorizes disposal of State and municipal park property to preserve segregation at such facilities. The other empowers the governor to close any State recreational area where attempts may be made to mix the races thereon and provides criminal penalties for any per son seeking to go on such property after being closed by the governor.
I favor the adoption of both these measures in view of recent developments.
EDUCATION COMMISSION
The Georgia Commission on Education, studying ways and means of pre serving segregation in our schools, has recommended six bills for passage at this .session. These, proposals are:
1--To permit the governor, whenever he "shall find that the public interest shall so require, of which he shall be sole judge," to close individual schools or school systems and give students from such closed schools grants from State and local funds for educational purposes in an amount to be determined by the governor.
2--To authorize county boards of education or independent school dis tricts to lease schoolhouses or other school property for private educational purposes in a manner they think will "best serve the interests of children" in their area.
3--To authorize city or county boards of education or independent school districts to sublease any structure, facility or building now on lease from the State School Building Authority for purposes of private education.
4--To empower the Attorney General to enjoin local systems from taking any steps toward mixing the races in the schools.
5---To permit private school teachers to join the teacher retirement system.
6--To require all school systems to obtain a certificate from the State fire marshal that none of their buildings constitutes a fire hazard.
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I join the Georgia Commission on Education in asking immediate passage of these measures by the General Assembly.
Separate and apart from its recommendations for changes in our laws, the Commission has adopted a resolution urging the State to assert its "Right of Interposition" to declare void and of no force and effect the decision of the United States Supreme Court holding segregation in the schools unconstitutional.
At the present time, I have counsel making a thorough study of this pro posal and later I will submit a detailed message to the General Assembly on this subject. Exercise of this Doctrine or use of any other means available to protect our institutions will be carefully studied and utilized to the fullest extent while I am your Governor.
Already the federal Supreme Court, bent on destroying constitutional gov ernment, has ordered an end to separate schools and segregated parks.
The next portent looming on the horizon is a further declaration that a State's power to prohibit mixed marriages is unconstitutional.
Unless we act, and act decisively we will see, one by one, the reserved powers of the sovereign States, trampled under foot.
At this time, the question confronts this General Assembly of Georgia: Are we going to permit the naked and arrogant declaration of 9 men to destroy our Constitution and to usurp the blood-won rights of our people?
The answer is no, no--a thousand times, no!
COUNTY UNIT SYSTEM
And, on this 10th day of January, 1956, let me reassert my firm determina tion to maintain inviolate the county unit system governing statewide party primary elections in Georgia.
As long as we adhere to this system we will be able to resist with greater effectiveness all assaults on our institutions no matter from whence they come.
My friends, we are now entering another year in this state's progress. With redoubled determination let us use all our efforts to maintain and accelerate the steady advancement we won in the year just ended.
We have but one goal.
That goal is to give Georgia a sound and stable government--a government with an eye single to the advancement of our people in all fields of endeavor-- a government firmly welded together to achieve this laudable purpose.
By working in harmony and by putting our shoulders to the wheel, we can
TUESDAY, JANUARY 10, 1956
113
build here, under a Divine Providence, a commonwealth which will bring par donable and eternal pride to the hearts of all our people.
Senator Overby of the 33rd moved that the joint session be now dissolved.
The motion prevailed and the president announced the joint session dis solved.
The senators returned to the Senate Chamber and the Senate was called to order by the president for the regular transaction of business.
Senator Overby of the 33rd moved that the Senate do now adjourn and the motion prevailed.
The president announced the Senate adjourned until 10 o'clock tomorrow morning.
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Senate Chamber, Atlanta, Georgia, Wednesday, January 11, 1956.
The Senate met pursuant to adjournment at 11:00 o'clock this morning and was called to order by the president.
Scripture reading and prayer was offered by the chaplain.
By unanimous consent, the call of the roll was dispensed with.
Senator Steis of the 25th reported that the journal of yesterday's proceed ings had been examined and found correct.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
Senator Overby of the 33rd 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.
The consent was granted.
Th* following bill was introduced, read the first time and referred to com mittee :
SB 11. By Senators Dews of the 9th, Warnell of the 2nd, McBride of the 10th, Housley of the 32nd, McDonald of the 43rd and Jones of the 18th:
A bill to provide for compulsory motor vehicle liability insurance; and for other purposes.
Referred to the Committee on Industry and Labor.
The following resolution was introduced, read the first time and referred to committee:
SR 9. By Senators Dykes of the 14th and Chance of the 51st:
A resolution designating a certain bridge over the Ocmulgee River connecting Houston and Twiggs Counties as the "James L. Gillis, Sr. Bridge"; and for other purposes.
Referred to the Committee on Highways.
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:
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115
HR 9. By Messrs. Moate of Hancock, Harrison of Wayne and Scoggin of Floyd:
A resolution requesting Congress to regulate the reduction in cotton acreage allotments and to return agricultural technicians provided under the "Point Four" program; and for other purposes.
HR 15. By Messrs. Souter of Macon and Cocke of Terrell:
A resolution to wish Honorable A. Cullen Richardson of Montezuma, Georgia, Senator of the 13th District, a speedy recovery from his pres ent illness and continued good health thereafter; and for other pur poses.
The following bill was introduced, read the first time and referred to committee:
SB 12. By Senator Parker of the 20th:
A bill to amend the act creating a Board of County Commissioners for Baldwin County so as to provide for commissioner districts; to provide for the procedure connected therewith; and for other purposes.
Referred to the Committee on County and Municipal Governments.
Senator Parker of the 20th moved that SB 12 be engrossed.
On the motion, the ayes were 41, nays 0, and the motion prevailed.
The following resolution was introduced, read the first time and referred to committee:
HR 9. By Messrs. Moate of Hancock, Harrison of Wayne and Scoggin of Floyd:
A resolution requesting Congress to regulate the reduction in cotton acreage allotments and to return agricultural technicians provided under the "point four" program; and for other purposes.
Referred to Committee on Rules.
The following resolution of the House was read and adopted:
HR 15. By Messrs. Souter of Macon and Cocke of Terrell:
To wish Honorable A. Cullen Richardson of Montezuma, Georgia, Senator of the 13th District, a speedy recovery from his present illness and continued good health thereafter.
Whereas, Honorable A. Cullen Richardson of Montezuma, Georgia, Senator of the 13th District, is one of our most treasured legislators, rendering services of great value and benefit to this State and to the people of this State; and
Whereas, his efforts have ever been directed for the good of others with unwavering selfishness; and
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Whereas, the loss of his services for even one moment is a deplor able loss of great magnitude and only replaceable in a lesser form; and
Whereas, he is our friend and compatriot and is now stricken with illness being bedded in the Ponce de Leon Infirmary of Atlanta, Georgia; and
Whereas, this body deplores his illness and desires to express its hopes for a speedy recovery,
Now, therefore, be it resolved by the General Assembly of Georgia that Honorable A. Cullen Eichardson of Montezuma, Georgia, Senator of the 13th District, be given, by the help of Almighty God, a quick and absolute recovery from his illness.
Be it further resolved that this resolution shall be spread upon the Journal of both House and Senate, and that a copy of this resolu tion be transmitted to Honorable A. Cullen Eichardson.
Senator Overby of the 33rd moved that the Senate do now adjourn until 10:00 o'clock tomorrow morning and the motion prevailed.
The president announced the Senate adjourned until 10:00 o'clock tomorrow morning.
THURSDAY, JANUARY 12, 1956
117
Senate Chamber, Atlanta, Georgia, Thursday, January 12, 1956.
The Senate met pursuant to adjournment at 10:00 o'clock this morning and was called to order by the president.
Scripture reading and prayer was offered by the chaplain.
By unanimous consent, the call of the roll was dispensed with.
Senator Steis of the 25th reported that the journal of yesterday's proceed ings had been examined and found correct.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
Senator Overby of the 33rd 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 com mittees.
The consent was granted.
The following bills were introduced, read the first time and referred to committees:
SB 13. By Senator McDonald of the 43rd:
A bill relating to "Deposits of Costs Required in Divorce Cases", so as to change the amount of deposit; and for other purposes.
Referred to the Committee on Judiciay.
SB 14. By Senators Harper of the 26th, Brooks of the 50th, Turner of the 34th and Ursrey of the 5th:
A bill to create certain regulations concerning insurance companies which sell accident and sickness and hospitalization insurance; and for other purposes.
Referred to the Committee on Industry and Labor.
SB 15. By Senators Dean of the 40th, Matthews of the 47th and Chance of the 51st:
A bill to regulate the sale of coal, coke and charcoal; to provide a pen alty for violation; and for other purposes.
Referred to the Committee on Industry and Labor.
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SB 16. By Senators Page of the 1st and Steis of 25th:
A bill to regulate the practice of chiropody, so as to provide for the qualifications of applicants for examination; to increase the State Board examination fee and the annual license renewal fee; and for other purposes.
Referred to the Committee on Health and Welfare.
SB 17. By Senator McDonald of the 43rd:
A bill to provide for fees of Clerks of the Superior Courts, so as to clarify the fee provision pertaining to change of name proceedings; and for other purposes.
Referred to the Committee on Judiciary.
SB 18. By Senators Dews of the 9th, Dean of the 40th, Chance of the 51st, Ponsell of the 5th and Blalock of the 36th:
A bill making it a crime to take or attempt to take immoral, or in decent liberties with a child of either sex, so as to change the penalty for such offense; and for other purposes.
Referred to the Committee on Judiciary.
SB 19. By Senators Matthews of the 47th and Dean of the 40th:
A bill to authorize the Commissioner of Agriculture to establish farmers' markets in this state; to authorize the Commissioner of Agriculture to make necessary rules and regulations to properly con duct such markets; and for other purposes.
Referred to the Committee on Agriculture and Natural Resources.
SB 20. By Senators Parker of the 20th, Dean of the 40th, Dykes of the 14th, Jones of the 18th, Kelly of the 35th, Turner of the 34th, Steis of the 25th, Ricketson of the 19th, Lovett of the 16th, Matthews of the 47th, Ayers of the 31st, Harden of the 27th, Harper of the 26th, Dews of the 9th, Wood of the 49th, Hollis of the 24th, McDonald of the 43rd, Page of the 1st, Lambert of the 28th, Overby of the 33rd, Jones of the 38th, Wetherington of the 6th, Morrison of the 15th, Raulerson of the 46th, Ponsell of the 5th, Clary of the 29th, Waters of the 41st and Millican of the 52nd:
A bill revising and consolidating laws relative to game and fish, so as to permit the breeding of pen raised quail for commercial purposes; and for other purposes.
Referred to the Committee on Agriculture and Natural Resources.
SB 21. By Senator Page of the 1st:
A bill to amend the act providing for the holding of primary elections in the City of Savannah for the selection of mayor and aldermen for said city; and for other purposes.
Referred to the Committee on County and Municipal Governments.
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119
SB 22. By Senators Dean of the 40th, Matthews of the 47th and Chance of the 51st:
A bill to amend the act providing for the prevention of the spread of hog cholera; to regulate the distribution and administering of hog cholera serum and virus; and for other purposes.
Referred to the Committee on Agriculture and Natural Resources.
SB 23. By Senators Page of the 1st and Steis of the 25th:
A bill to aid Georgia labor in all contracts between the State of Geor gia, its agencies, commissions, and boards, and contractors where labor is to be performed by or furnished by the contractors; and for other purposes.
Referred to the Committee on Industry and Labor.
SB 24. By Senators Dean of the 40th and Matthews of the 47th:
A bill regulating and governing the feeding of garbage to livestock and regulating and governing the rendering of the carcasses of dead domestic animals; and for other purposes.
Referred to the Committee on Agriculture and Natural Resources.
SB 25. By Senator McDonald of the 43rd:
A bill revising the adoption laws for the State of Georgia; and for other purposes.
Referred to the Committee on Judiciary.
SB 26. By Senators Dean of the 40th, Matthews of the 47th, and Chance of the 51st:
A bill to authorize the Commissioner of Agriculture to establish farmers' markets in this state, to make rules and regulations to prop erly conduct such markets, to enter into contracts for leasing of space; to prescribe a procedure connected therewith; and for other purposes.
Referred to the Committee on Agriculture and Natural Resources.
SB 27. By Senators Dean of the 40th, Matthews of the 47th and Chance of the 51st:
A bill to provide that all meat, meat products, fish and poultry offered or exposed for sale, or sold, shall be by net weight only; and for other purposes.
Referred to the Committee on Agriculture and Natural Resources.
SB 28. By Senator Page of the 1st:
A bill to alter and amend the several acts relating to and incorporating the mayor and aldermen of the City of Savannah; to fix, regulate and
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determine the term of office of the recorder of the police court of the City of Savannah; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 29. By Senator Page of the 1st:
A bill to amend the act approved August 18, 1919, relating to and in corporating the mayor and alderman of the City of Savannah; to pro vide for elections; and for other purposes.
Referred to the Committee on County and Municipal Governments.
The following resolution was introduced, read and adopted.
SR 10. By Senators Dean of the 40th, Matthews of the 47th and Morrison of the 1st:
A resolution to commend the Honorable T. V. Williams, revenue com missioner of the State of Georgia; and for other purposes.
Mr. President, Chairman of the Committee on Rules, submitted the following report: Mr. President:
Your Committee on Rules 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:
SB 2. Do Pass. SB 5. Do Pass. SB 6. Do Pass. SB 7. Do Pass. SB 8. Do Pass. SB 9. Do Pass. SR 8. Do Pass.
Respectfully submitted, S. Ernest Vandiver, Chairman.
Mr. Dykes of the 14th District, Chairman of the Committee on Highways, submitted the following report:
Mr. President:
Your Committee on Highways has had under consideration the following
THURSDAY, JANUARY 12, 1956
121
resolution of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
SR 9. Do Pass. Respectfully submitted, Dykes of 14th District, Chairman.
The following bills and resolutions of the Senate, favorably reported by the committees, were read the second time:
SB 2. By Senator Overby of the 33rd:
A bill to provide that it shall be a misdemeanor for any person to enter upon any state-owned or operated property where such property has been closed to the public on executive order of the Governor, or by order of the department head having supervision over such property; and for other purposes.
SB 5. By Senator Overby of the 33rd:
A bill to authorize the state, or any county, municipal corporation or other political subdivision thereof to sell; lease, grant, exchange or otherwise dispose of any property or interest therein comprising parks, playgrounds, golf courses, swimming pools, or other property which has been dedicated to a public use for any purpose; and for other purposes.
SB 6. By Senator Overby of the 33rd:
A bill to amend the act creating the Teacher Retirement System, (Ga. L. 1943, p. 640) by providing for the admission of teachers in privately operated nonsectarian schools to said system; and for other purposes.
SB 7. By Senator Overby of the 33rd:
A bijl to amend the act approved February 11, 1955 (Georgia Laws 1955, p. 174) prohibiting the expenditure of public funds for the opera tion of public schools under the circumstances therein defined, by amending Section 3 of said act relating to violations thereof, so as to authorize actions to enjoin any violation or threatened violation of said act; and for other purposes.
SB 8. By Senator Overby of the 33rd:
A bill to prohibit the operation of any private school without a certifi cate from the State Fire Marshal that its building do not constitute a fire hazard; and for other purposes.
SB 9. By Senator Overby of the 33rd:
A bill to amend the act creating the Department of Commerce so as to provide for the compensation of the Secretary of the Board of
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Commissioners of the Department of Commerce and to create the office of Assistant Secretary; and for other purposes.
SB 9. By Senators Dykes of the 14th and Chance of the 51st:
A resolution designating a certain bridge over the Ocmulgee River connecting Houston and Twiggs Counties as the "James L. Gillis, Sr. Bridge"; and for other purposes.
The following resolution was read and adopted:
SR 10. By Senators Dean of the 40th, Matthews of the 47th and Morrison of the 15th:
A resolution to commend the Honorable T. V. Williams, Revenue Commissioner of the State of Georgia; and for other purposes.
The following resolution was read by the secretary:
SR 8. By Senators Millican of the 52nd, Hollis of the 24th and Overby of the 33rd:
A resolution to amend SR 4, page 3, amended rule No. 110 by striking the words "which time shall be determined by the Committee on Rules who shall communicate by appropriate means the fact that this sus pension of Rule 110 has been terminated" so that said paragraph will read "Provided, however, the operation of rule 110 shall be suspended as to representatives of the working press, radio and television until an appropriate gallery can be arranged therefor."
Amend Senate Resolution 4, page 3, #8, paragraph 2, by striking the words "which time shall be determined by the Committee on Rules who shall communicate by appropriate means the fact that this sus pension of Rule 110 has been terminated" so that said paragraph will read "Provided, however, the operation of rule 110 shall be suspended as to representatives of the working press, radio and television until an appropriate gallery can be arranged therefor."
. 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 two-thirds ma jority, was agreed to.
The hour for convening the joint session as provided for under HR 8 hav ing arrived, the president, accompanied by the secretary and the senators, pro ceeded to the hall of the House of Representatives and the joint session, called for the purpose of electing a member of the State Highway Board, was called to order by the president of the Senate.
' The secretary of the Senate read the resolution convening the joint session.
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123
At the direction of the President, the secretary read the following notice which had been mailed to each member of the General Assembly on January 9, 1956:
GENERAL ASSEMBLY OF GEORGIA STATE CAPITOL
ATLANTA, GEORGIA
January 9, 1956
TO: ALL MEMBERS OF THE GENERAL ASSEMBLY OF GEOR GIA:
On the 19th day of January, 1955, by Joint Session Resolution Honorable W. A. Blasingame was elected and declared to be a member of the State Highway Board of Georgia, from the Southern Highway District, for an unexpired term ending February 8, 1956.
Honorable C. Dixon Oxford has resigned as a member of the State Highway Board of Georgia for the Central Highway District, thereby creating a vacancy to be filled by the General Assembly of Georgia.
Pursuant to the provisions of law creating the State Highway Board a caucus is hereby called to be held at the State Capitol in the Hall of the House of Representatives on the 12th day of January, 1956, at 11 o'clock A. M. for the purpose of electing a successor to Honorable W. A. Blasingame, as a member of the State Highway Board for a full term of six (6) years as provided by law and for the purpose of electing a successor to Honorable C. Dixon Oxford, as a member of the State Highway Board for .the unexpired term ending February 8, 1960.
MARVIN E. MOATE Speaker of the House
S. ERNEST VANDIVER President of the Senate
The General Assembly being in caucus, the President announced that the General Assembly was now ready to receive nominations for a member of the State Highway Board of Georgia from the Central Highway District for the unexpired term of Hon. C. Dixon Oxford, ending February 8, 1960.
Mr. Ray of Warren placed in nomination the name of Honorable Roger H. Lawson, of Pulaski County, as a member of the State Highway Board from the Central Highway District for the unexpired term of Hon. C. Dixon Oxford, end
ing February 8, 1960.
Senator Shurling of the 21st District, Representatives Stephens of Clarke and Pettey of Pulaski seconded the nomination of Hon. Roger Lawson.
Mr. Groover of Bibb moved that the nominations be closed, which motion was seconded by Mr. Sheffield of Brooks.
The motion to close the nominations prevailed.
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JOURNAL OP THE SENATE,
The following resolution was read:
By Messrs. Pettey of Pulaski, Ray of Warren and Stephens of Clarke:
Joint Session Resolution No. 1, Be it resolved by the General As sembly in Joint Session that Honorable Roger H. Lawson of the County of Pulaski is hereby elected and declared to be a member of the State Highway Board of Georgia from the Central Highway District, for the unexpired term of Honorable C. Dixon Oxford ending February 8, 1960.
Be it further resolved that a copy of this resolution be delivered to His Excellency, the Governor, and the Secretary of State, and said Honorable Roger H. Lawson be commissioned as a member of the State Highway Board of Georgia from the Central Highway District for the unexpired term of Honorable C. Dixon Oxford ending on February 8, 1960.
Mr. Groover of Bibb asked unanimous consent that the Secretary be directed to cast the entire vote of the membership present of the General Assembly for the adoption of the resolution and the election of Hon. Roger H. Lawson as a member of the State Highway Board from the Central Highway District for the unexpired term of Honorable C. Dixon Oxford ending on February 8, 1960.
By unanimous consent the request was granted, and the vote of the General Assembly was as follows:
The following Senators voted in the affirmative:
Ayers Blalock Brooks Chance Clary Coffin Dean Dews Dykes Florence Harden Harper Harrison Hollis
Housley Jones, 38th Jones, 23rd Kelly Lambert Lovett McDonald Millican Morrison Neel Overby Parker Ponsell Reynolds
Ricketson Roop Seagraves Shurling Steis Turner Ursrey Warnell Waters Wetherington Wilkins Wood Zellner
The following Representatives voted in the affirmative:
Adams Alien Ayers Bagby Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong Black
Blackburn Blalock Bloodworth Bodenhamer Bolton Brannen Brown Caldwell Callier Campbell Carlisle
Cason Gates Chambers Chastain Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Coker of Walker
THURSDAY, JANUARY 12, 1956
125
Cornelius Cotton Cowart Coxwell Deal Dean of Rockdale Deen of Bacon Denmark
Denson Dozier Duke Duncan Edenfield Elder English Eyler Fain Floyd Flynt Fordham Foster Fowler of Duglas Fowler of Tift
Freeman Frier Garrard Gilleland Gillis Green of Rabun Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade Gunter Hall Hardaway Harrell Harrison of Jeff Davis Harrison of Wayne Hawkins
Hayes Henderson Hendrix Hodges Hogan Holley Houston Huddleston Hudson Hurst Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer
Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Jordan Kelley Kennedy of Turner Kennedy of Tattnall Key Kilgore Killian Killingsworth King of Whitfield King of Chattahoochee King of Pike Kitchens Lam Land Lanier Larkins Lindsey Lokey Long Love Lowe Mackay Mallory Martin Mashburn Massee Matheson of Hart Mathis of Lowndes Matthews Mauldin McCracken McGarity McKelvey McKenna McWhorter Mincy Mobley Moore Moorman Mull Murphey of Crawford Murphy of Haralson
Murr Musgrove Nilan Odom Palmer Parker Peacock Pelham Perkins Peters
Pettey
Phillips of Columbia
Phillips of Walton
Pickard
Potts
Ramsey
Raulerson
Ray
Reed
Register
Rodgers
Roughton
Rowland
Ruark
Russell
Rutland
Sanders
Scoggin
Sheffield
Short
Singer
Sivell
Smith of Evans
Smith of Emanuel
Hoke Smith of Fulton
M. M. Smith of Fulton
Sognier
Souter
Stephens of Clarke
Stevens of Marion
Stewart
Strickland
Stripling
Tamplin
Tanner
Tarpley
Terrell
Todd
Truelove
Turk
Twitty
Underwood of Bartow
Underwood of
Montgomery
Upshaw
Veal
Watson
Weems
'.
Williams
Willingham
Willis
Wilson of Towns
Wilson of Peach
Wooten
Young
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JOURNAL OF THE SENATE,
On the adoption of the resolution and the election of Hon. Roger H. Lawson, the ayes were 240, nays 0.
The President declared that the resolution was adopted, and that Honorable Roger H. Lawson of Pulaski was elected as a member of the State Highway Board, from the Central Highway District, for the unexpired term of Honorable C. Dixon Oxford ending February 8, 1960.
The General Assembly being in caucus, the President announced that the General Assembly was now ready to receive nominations for a member of the State Highway Board of Georgia from the Southern Highway District to suc ceed Honorable W. A. Blasingame for a full term of six years, ending February 8, 1962.
Mr. Barber of Colquitt placed in nomination the name of Honorable Walter A. Blasingame of Colquitt County to succeed himself as a member of the State Highway Board of Georgia from the Southern Highway District, for a full term of six years, ending February 8, 1962.
Senator Matthews of the 47th, Representatives Short of Colquitt, Bodenhamer of Tift and Killian of Glynn seconded the nomination of Honorable Walter A. Blasingame.
Mr. Groover of Bibb moved that the nominations be closed, which motion was seconded by Mr. Odom of Camden.
The motion to close the nominations prevailed.
The following resolution was read:
By Senator Matthews of the 47th, Representatives Barber and Short of Colquitt and Bodenhamer of Tift:
Joint Session Resolution No. 2. Be it resolved by the General Assembly in joint session that Honorable W. A. Blasingame of the County of Colquitt is hereby elected and declared to be a member of the State Highway Board of Georgia, from the Southern Highway District for a full term of six (6) years, beginning on February 9, 1956 and ending on February 8, 1962, as provided by law.
Be it further resolved that a copy of this resolution be delivered to His Excellency, the Governor, and the Secretary of State, and said Honorable W. A. Blasingame be commissioned as a member of the State Highway Board of Georgia from the Southern Highway District for a full term of six (6) years beginning on February 9, 1956, and ending on February 8, 1962.
Mr. Groover of Bibb asked unanimous consent that the Secretary be directed to cast the entire vote of the membership present of the General Assembly for the adoption of the Resolution and the election of Honorable W. A. Blasingame as a member of the State Highway Board from the Southern Highway District for a full term of six (6) years beginning on February 9, 1956, and ending on
February 8, 1962.
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127
The unanimous consent request was granted, and the vote of the General Assembly was cast as follows:
The following Senators voted in the affirmative:
Ayers Blalock Brooks Chance Clary Coffin Dean Dews Dykes Florence Harden Harper Harrison Hollis
Housley Jones, 38th Jones, 23rd Kelly Lambert Lovett McDonald Millican Morrison Neel Overby Parker Ponsell Reynolds
Ricketson Roop Seagraves Shurling Steis Turner Ursrey Warnell Waters Wetherington Wilkins Wood Zellner
The following Representatives voted in the affirmative:
Adams Alien Ayers Bagby Barber of Colquitt Barber of Jackson Barker Baughman Birdsong Black Blackburn Blalock Bloodworth Bodenhamer Bolton Brannen Brown Caldwell, Callier Campbell Carlisle Cason Gates Chambers Chastain Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Coker of Walker . Cornelius
Cotton Cowart Coxwell Deal Dean of Rockdale Deen of Bacon' Denmark Denson Dozier Duke Duncan Edenfield Elder English Eyler Fain Floyd Flynt Fordham Foster Fowler of Douglas Fowler of Tift , Freeman Frier Garrard Gilleland Gillis Green of Rabun Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade
Gunter Hall Hardaway Harrell Harrison of Jeff Davis Harrison of Wayne Hawkins Hayes Henderson Hendrix Hodges Hogan Holley Houston Huddleston Hudson Hurst Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Jordan Kelley Kennedy of Turner Kennedy of Tattnall
Key Kilgore Killian
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JOURNAL OF THE SENATE,
Killings-worth King of Whitfield King of Chattahoochee King of Pike Kitchens Lam Land Lanier Larkins Lindsey Lokey Long Love Lowe Mackay Mallory Martin Mashburn Massee Matheson of Hart Mathis of Lowndes Matthews Mauldin McCracken McGarity McKelvey McKenna McWhorter Mincy Mobley Moore Moorman Mull Murphey of Crawford
Murphy of Haralson Murr Musgrove Nilan Odom Palmer Parker Peacock Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton Pickard Potts Ramsey Raulerson Ray Reed Register Rodgers Roughton Rowland Ruark Russell Rutland Sanders Scoggin Sheffield Short Singer Sivell Smith of Evans
Smith of Emanuel Hoke Smith of Pulton M. M. Smith of Fulton Sognier Souter Stephens of Clarke Stevens of Marion Stewart Strickland Stripling Tamplin Tanner Tarpley Terrell Todd Truelove Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Watson Weems Williams Willingham Willis Wilson of Towns Wilson of Peach Wooten Young Mr. Speaker
On the adoption of the resolution and the election of Honorable W. A. Blasingame, the ayes were 239, nays 0.
The President declared that the resolution was adopted, and that Honorable W. A. Blasingame was elected as a member of the State Highway Board from the Southern Highway District, to succeed himself, for a full term of six (6) years beginning on February 9, 1956, and ending on February 8, 1962.
Senator Qverby of the 33rd moved that the joint session be now dissolved.
The motion prevailed and the president announced the joint session dissolved.
The Senators returned to the Senate Chamber and were called to order by the president.
Senator Overby of the 33rd moved that the Senate do now adjourn until 10:30 o'clock Monday morning and the motion prevailed.
The president announced the Senate adjourned until 10:30 o'clock Monday morning.
MONDAY, JANUARY 16, 1956
129
Senate Chamber, Atlanta, Georgia, Monday, January 16, 1956.
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, Rev. G. Ashton Smith, pastor of the Leesburg Baptist Church.
By unanimous consent, the call of the roll was dispensed with.
Senator Steis of the 25th reported that the journal of Thursday's proceed ings had been examined and found correct.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
Senator Overby of the 33rd 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. Third reading and consideration of general 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 resolutions of the House to wit:
HR 35. By Mr. Harrison of Wayne:
A resolution extending an invitation to Hon. James C. Davis and Hon. John J. Flynt, Jr. to address a joint session of the General Assembly; and for other purposes.
HR 36. By Mr. Deen of Bacon:
A resolution memorializing the Congress of the United States to enact the necessary legislation for the disposal of surplus agricultural com modities; and for other purposes.
The following resolutions were read and adopted:
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SR 11. By Senator Overby of the 33rd:
A resolution extending congratulations to the wife of the distinguished Senator of the 48th District, Mrs. J. W. Mann, for her outstanding achievement in being named "Woman of the Year" of Crisp County, Georgia.
SR 12. By Senator Overby of the 33rd:
A resolution expressing regret and sympathy to the distinguished Senator from the 12th District, Senator Thomas Toms, and his family upon the death of the Honorable J. C. Toms of Georgetown, Quitman County, Georgia.
HR 35. By Mr. Harrison of Wayne:
A resolution extending an invitation to Honorable James C. Davis and Honorable John J. Plynt, Jr., to address a joint session of the General Assembly; and for other purposes.
The following bills and resolutions were introduced, read the first time and referred to committees:
SB 30. By Senator Lambert of the 28th:
A bill to provide for the prohibition of the owning, controlling or hold ing by certain companies of more than 15% of voting stock of banks as defined therein and of bank holding companies as defined therein; to define company as included in said prohibition; to provide for re strictions of certain foreign companies in voting stock of said banks or holding companies; and for other purposes.
Referred to the Committee on Industry and Labor.
SB 31. By Senators McDonald of the 43rd, Dews of the 9th, Matthews of the 47th, Jones of the 23rd, Waters of the 41st, Raulerson of the 46th, Wetherington of the 6th, Page of the 1st, Wilkins of the 44th, Parker of the 20th, Ricketson of the 19th, Dean of the 40th, Seagraves of the 30th, Ponsell of the 5th, Lovett of the 16th, Paulk of the 45th, Ursrey of the 54th, Housley of the 32nd, Dykes of the 14th, Lambert of the 28th, Kelly of the 35th, Chance of the 51st, Neel of the 7th, Hopkins of the 4th, Florence of the 39th, Zellner of the 22nd, Harper of the 26th, Strickland of the 3rd and Overby of the 33rd:
A bill to provide for self-government of municipalities; to provide that this act shall be known as "The Municipal Home Rule Law"; to pro vide the manner in which a municipality may come under the pro visions of this act; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 32. By Senator Overby of the 33rd:
A bill to regulate the sanitary conditions of meat, poultry and dairy processing plants; to provide for inspections; to provide for rules and regulations; and for other purposes.
Referred to the Committee on Agriculture and Natural Resources.
MONDAY, JANUARY 16, 1956
131
SB 33. By Senator Hollis of the 24th:
A bill to provide for the continuance of cases pending in the courts of this state in which the Attorney General is of counsel when the Attorney General and his staff are occupied in aid of the business of the General Assembly; and for other purposes.
Referred to the Committee on Judiciary.
HR 36. By Mr. Deen of Bacon:
A resolution memorializing the Congress of the United States to enact the necessary legislation for the disposal of surplus agricultural com modities; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
Mr. President, Chairman of the Committee on Rules, submitted the follow ing report:
Mr. President:
Your Committee on Rules 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:
SB 3. Do Pass, as amended.
SB 1. Do Pass, as amended.
SB 4. Do Pass.
Respectfully submitted,
S. Ernest Vandiver,
Chairman.
The following bills, favorably reported by the committees, were read the second time:
SB 3. By Senator Overby of the 33rd:
A bill to provide for the leasing of school property of any county, city or independent school system for private educational purposes; and for other purposes.
SB 1. By Senator Overby of the 33rd:
A bill to provide for closing the public schools in any county, city or independent school system; to provide for grants for educational pur poses to the children of school age in any such county, city or inde pendent school system; to define the powers of the Governor hereunder; and for other purposes.
SB 4. By Senator Overby of the 33rd:
A bill to amend the Act creating the State School Building Authority, (Ga. Laws 1951, p. 241), so as to authorize the subleasing of any
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structure, building or facility of the authority for private educational purposes; and for other purposes.
Senator Clary of the 29th asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Industry and Labor, read the second time and recommitted:
SB 14. By Senators Harper of the 26th, Brooks of the 50th, Turner of the 34th and Ursrey of the 5th:
A bill to create certain regulations concerning insurance companies which sell accident and sickness and hospitalization insurance; 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 2. By Senator Overby of the 33rd:
A bill to be entitled an act to provide that it shall be a misdemeanor for any person to enter upon any state owned or operated property where such property has been closed to the public on executive order of the Governor, or by order of the department head having super vision over such property, or by any official having immediately supervision thereover; to provide that notice must first have been given of such closing and to define same; and for other purposes.
Senators Overby of the 33rd and Hollis of the 24th offered the following amendment:
Amend SB 2 by adding at the end of section 1 the following:
"Provided, however, this act shall not apply to employees of the agency concerned authorized to enter the property for the pur poses of care, custody, maintenance or inspection."
On the adoption of the amendment, the ayes were 41, nays 0, 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 43, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 5. By Senator Overby of the 33rd:
A bill to authorize the state, or any county, municipal corporation or other political subdivision thereof to sell, lease, grant, exchange or otherwise dispose of any property or interest therein comprising parks,
MONDAY, JANUARY 16, 1956
133
playgrounds, golf courses, swimming pools, or other property which has been dedicated to a public use for any 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 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 6. By Senator Overby of the 33rd:
A bill to amend the act creating the Teacher Retirement System, (Ga. L. 1943, p. 640) by providing for the admission of teachers in privately operated nonsectarian schools to said 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 46, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 8. By Senator Overby of the 33rd:
A bill to prohibit the operation of any private school without a cer tificate from the State Fire Marshal that its building do not constitute a fire hazard; and for other purposes.
The report 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 9. By Senator Overby of the 33rd:
A bill to amend the act creating the Department of Commerce so as to provide for the compensation of the Secretary of the Board of Commissioners of the Department of Commerce and to create the office of Assistant Secretary; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE SENATE,
SR 9. By Senators Dykes of the 14th and Chance of the 51st:
A resolution designating a certain bridge over the Ocmulgee River connecting Houston and Twiggs Counties as the "James L. Gillis Bridge"; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 41, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Overby of the 33rd moved that the Senate do now adjourn until 10:30 o'clock tomorrow morning, and the motion prevailed.
The president announced the Senate adjourned until 10:30 o'clock tomorrow morning.
TUESDAY, JANUARY 17, 1956
135
Senate Chamber, Atlanta, Georgia, Tuesday, January 17, 1956.
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. By unanimous consent, the call of the roll was dispensed with.
Senator Steis of the 25th reported that the journal of yesterday's proceed ings had been examined and found correct.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
Senator Overby of the 33rd 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. Third reading and consideration of general 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 of the House to wit:
HB 21. By Mr. Greene of Crisp:
A bill to amend an act creating a new charter for the City of Cordele; and for other purposes.
HB 22. By Messrs. Gates and Mobley of Burke:
A bill to amend an act creating a new charter for the City of Waynesboro; and for other purposes.
HB 23. By Mr. Wilson of Peach:
A bill to amend an act creating a new charter for the City of Byron; and for other purposes.
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JOURNAL OF THE SENATE,
HB 24. By Messrs. Gates and Mobley of Burke:
A bill to amend an act establishing the City Court of Waynesboro; and for other purposes.
HB 26. By Messrs. Twitty and Palmer 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.
HB 33. By Mr. Clary of McDuffie:
A bill to provide for the terms of the Superior Court of McDuffie County; and for other purposes.
HB 34. By Messrs. Underwood and Upshaw of Bartow:
A bill to amend an act granting1 a new charter to the City of Cartersville; to provide for abolishing the Board of Education for the City of Cartersville; and for other purposes.
HB 35. By Messrs. Tarpley of Union, Cheatham of Chatham, Lindsey of Spalding and others:
A bill to create a Statewide Probation System; and for other purposes.
HB 38. By Mr. Huddleston of Fayette:
A bill to consolidate the offices of Tax Receiver and Tax Collector of Fayette County into the office of Tax Commissioner of Fayette County; and for other purposes.
HB 40. By Mr. Stevens of Marion:
A bill to provide for the terms of court of the Superior Court of Marion County; and for other purposes.
HB 41. By Mr. Green of Rabun:
A bill to amend an act consolidating the offices of Tax Receiver and Tax Collector of Rabun County into the office of Tax Commissioner of Rabun County; and for other purposes.
HB 42. By Mr. Green of Rabun:
A bill to authorize the governing authority of the City of Clayton to lease certain property owned by the City of Clayton; and for other purposes.
HB 44. By Mr. Barker of Heard:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Heard County, so as to remove the provisions rela tive to districts, and for other purposes.
TUESDAY, JANUARY 17, 1956
137
HB 50. By Mr. Murphy of Crawford:
A bill to amend an act relating to the amount of county-wide school tax which shall be received by the tax receiver in certain counties, and for other purposes.
HB 62. By Mr. Veal of Putnam:
A bill to amend the charter of the City of Eatonton; and for other purposes.
HB 63. By Mr. Hurst of Quitman:
A bill to amend an act incorporating the Town of Georgetown, and for other purposes.
HB 64. By Mr. Murphey of Crawford:
A bill to amend an act creating a new charter for the City of Roberta; and for other purposes.
HB 68. By Messrs. Willingham, Bentley and Reed of Cobb:
A bill to set up a comprehensive zoning system for the unincorporated areas of Cobb County; and for other purposes.
HB 69. By Messrs. Willingham, Reed and Bentley of Cobb:
A bill to amend an act creating a new charter for the City of Smyrna; and for other purposes.
The House has adopted the following resolutions of the House, to-wit:
HR 43. By Messrs. Chambers and Sanders of Richmond and Houston of Whitfield :
A resolution to set aside one room in the State Capitol, as a Chapel, dedicated to prayer and meditation; and for other purposes.
HR 44. By Messrs. Bentley of Cobb, Deen of Bacon, Duke of Baldwin and Killian of Glynn:
A resolution commending the National Junior Chamber of Commerce and designating National Junior Chamber of Commerce week; and for other purposes.
Senator Page of the 1st asked unanimous consent that the following bill be withdrawn from the Committee on Health and Welfare, read the second time and recommitted:
SB 16. By Senator Page of the 1st:
A bill to regulate the practice of chiropody, so as to provide for the qualifications of applicants for examination; to increase the State Board examination fee and the annual license renewal fee; and for other purposes.
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JOURNAL OP THE SENATE,
The consent was granted.
Senator Page of the 1st asked unanimous consent that the following bill be withdrawn from the Committee on Industry and Labor, read the second time, and recommitted:
SB 23. By Senators Page of the 1st and Stejs of the 25th:
A bill to aid Georgia labor in all contracts between the State of Geor gia, its agencies, commissions, and boards, and contractors where labor is to be performed by or furnished by the contractors; and for other purposes.
The consent was granted.
Senator McDonald of the 43rd asked unanimous consent that the following bill be withdrawn from the Committee on County and Municipal Governments, read the second time and recommitted:
SB 31. By Senators McDonald of the 43rd, Dews of the 9th, Matthews of the 47th and others:
A bill to provide for self-government of municipalities; to provide that this act shall be known as "The Municipal Home Rule Law"; to provide the manner in which a municipality may come under the provisions of this act; and for other purposes.
The consent was granted.
Senator McDonald of the 43rd asked unanimous consent that the following bill be withdrawn from the Committee on Judiciary, read the second time and recommitted:
SB 13. By Senator McDonald of the 43rd:
A bill relating to deposits of costs required in divorce cases, so as to change the amount of deposits; and for other purposes.
The consent was granted.
Senator McDonald of the 43rd asked unanimous consent that the following bill be withdrawn from the Committee on Judiciary, read the second time and recommitted:
SB 17. By Senator McDonald of the 43rd:
A bill to provide for fees of Clerks of the Superior Courts, so as to clarify the fee provision pertaining to change of name proceedings; and for other purposes.
The consent was granted.
Senator McDonald of the 43rd asked unanimous consent that the following
TUESDAY, JANUARY 17, 1956
139
bill be withdrawn from the Committee on Judiciary, read the second time and recommitted:
SB 25. By Senator McDonald of the 43rd:
A bill revising the adoption laws for the State of Georgia; and for other purposes.
The consent was granted.
The following resolutions were read and adopted:
HR 43. By Messrs. Chambers and Sanders of Richmond and Houston of Whitfield:
A resolution to set aside one room in the State Capitol as a Chapel, dedicated to prayer and meditation; and for other purposes.
HR 44. By Messrs. Bentley of Cobb, Deen of Bacon, Duke of Baldwin and Killian of Glynn:
A resolution commending the National Junior Chamber of Commerce and designating National Junior Chamber of Commerce week; and for other purposes.
The following bills and resolutions were introduced, read the first time and referred to committees:
SB 34. By Senator Davis of the 42nd:
A bill to amend the "Motor Fuel Tax Law" so as to provide for the exemption of the gasoline tax from gasoline used in the manufacture and processing of articles of tangible personal property; and for other purposes.
Referred to the Committee on Finance.
SB 35. By Senators Blalock of the 36th, McBride of the 10th, Morrison of the 15th, Dews of the 9th, Jones of the 38th, Brooks of the 50th and Overby of the 33rd:
A bill to comprehensively and exhaustively revise, supersede and con solidate the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners; and for other purposes.
Referred to the Committee on Penal and Correctional Affairs.
SB 36. By Senator Parker of the 20th:
A bill to amend an act establishing the State Employees' Retirement System (Ga. Laws 1949, p. 138), so as to change the number of years of creditable service relative to eligibility for retirement from 35 to 30; and for other purposes.
Referred to the Committee on Finance.
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JOURNAL OF THE SENATE,
SB 37. By Senator Overby of the 33rd:
A bill to amend the "Building and Loan Act" (Ga. L. 1937-38, Extra Session, pp. 307-322), so as to provide protection of state chartered building and loan associations and Federal savings and loan associa tions in the payment of the redemption value of a share or shares to an insane or otherwise incompetent shareholder; and for other pur poses.
Referred to the Committee on Industry and Labor.
SB 38. By Senator McDonald of the 43rd:
A bill to amend the Code of Georgia, relating to larceny or theft, by adding a new code section to provide that wilful concealment of unpurchased goods or merchandise shall be a misdemeanor, and that dis covery of such wilful concealment shall be prima facie evidence of violation of this act; and for other purposes.
Referred to the Committee on Judiciary.
SB 39. By Senator McDonald of the 43rd:
A bill to amend the Workmen's Compensation Law relating to medical and other treatment so as to allow the employee to select the attending doctor; and for other purposes.
Referred to the Committee on Industry and Labor.
SR 13. By Senator Parker of the 20th:
A resolution creating a committee to investigate conditions at the dental clinic at the Milledgeville State Hospital; and for other purposes.
Referred to the Committee on Rules.
SR 14. By Senator Raulerson of the 46th:
A resolution to authorize the Governor acting on behalf of the State to convey certain property in Pierce County; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SR 15. By Senators Wilkins of the 44th and McDonald of the 43rd:
A resolution to authorize the exchange of properties or interest therein in connection with the clearing of title property comprising Cloudland Canyon State Park, located in Dade and Walker Counties, Georgia; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 21. By Mr. Greene of Crisp:
A bill to amend an act creating a new charter for the City of Cor dele; and for other purposes.
Referred to Committee on County and Municipal Governments.
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141
HB 22. By Messrs. Gates and Mobley of Burke:
A bill to amend an act creating a new charter for the City of Waynesboro; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 23. By Mr. Wilson of Peach:
A bill to amend an act creating a new charter for the City of Byron; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 24. By Messrs. Gates and Mobley of Burke: A bill to amend an act establishing the city court of Waynesboro; and for other purposes.
Referred to Committee on Judiciary.
HB 26. By Messrs. Twitty and Palmer 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.
Referred to Committee on County and Municipal Governments.
HB 33. By Mr. Clary of McDuffie:
A bill to provide for the terms of the Superior Court of McDuffie County; and for other purposes.
Referred to Committee on Judiciary.
HB 34. By Messrs. Underwood and Upshaw of Bartow:
A bill to amend an act granting a new charter to the City of Cartersville; and for other purposes.
Referred to Committee on Judiciary.
HB 35. By Messrs. Tarpley of Union, Cheatham of Chatham, Lindsey of Spalding and others:
A bill to create a Statewide Probation System; and for other purposes.
Referred to Committee on Penal Institutions.
HB 38. By Mr. Huddleston of Payette:
A bill to consolidate the offices of Tax Receiver and Tax Collector of Fayette County into the office of Tax Commissioner of Fayette County; and for other purposes.
Referred to Committee on County and Municipal Governments.
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JOURNAL OP THE SENATE,
HB 40. By Mr. Stevens of Marion:
A bill to provide for the terms of court of the Superior Court of Marion County; and for other purposes.
Referred to Committee on Judiciary.
HB 41. By Mr. Green of Rabun:
A bill to amend an act consolidating the offices of Tax Receiver and Tax Collector of Rabun County into the office of Tax Commissioner of Rabun County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 42. By Mr. Green of Rabun:
A bill to authorize the governing authority of the City of Clayton to lease property owned by the City of Clayton; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 44. By Mr. Barker of Heard:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Heard County, so as to remove the provisions rela tive to districts; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 50. By Mr. Murphey of Crawford:
A bill to amend an act relating to the amount of county-wide school tax which shall be received by the tax receiver in certain counties; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 62. By Mr. Veal of Putnam: A bill to amend the charter of the City of Eatonton; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 63. By Mr. Hurst of Quitman:
A bill to amend an act incorporating the Town of Georgetown; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 64. By Mr. Murphey of Crawford:
A bill to amend an act creating a new charter for the City of Roberta; and for other purposes.
Referred to Committee on County and Municipal Governments.
TUESDAY, JANUARY 17, 1956
143
HB 68. By Messrs. Willingham, Bentley and Reed of Cobb:
A bill to set up a comprehensive zoning system for the unincorporated areas of Cobb County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 69. By Messrs. Willingham, Reed and Bentley of Cobb:
A bill to amend an act creating a new charter for the City of Smyrna; and for other purposes.
Referred to Committee on County and Municipal Governments
Mr. Dean of the 40th District, Chairman of the Committee on Agriculture and Natural Resources, submitted the following report:
Mr. President:
Your Committee on Agriculture and Natural Resources has had under consideration the following bills of the Senate and has instructed me as Chair man, to report the same back to the Senate with the following recommendations:
SB 19. Do Pass.
SB 20. Do Pass.
SB 22. Do Pass.
SB 24. Do Pass.
Respectfully submitted,
Dean of 40th District,
Chairman.
Mr. Clary of the 29th District, Chairman of the Committee on Industry and Labor, submitted the following report:
Mr. President: Your Committee on Industry and Labor 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, as amended.
Respectfully submitted,
Clary of 29th District,
Chairman.
Mr. Brooks of the 50th District, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bills and/or resolutions of the Senate and has instructed me, as
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JOURNAL OF THE SENATE,
Chairman, to report the same back to the Senate as correct and ready for trans mission to the House:
SK 9. SB 2. SB 5. SB 6. SB 8. SB 9.
Respectfully submitted, Brooks of the 50th District, Chairman.
The following bills of the Senate, favorably reported by the committees, were read the second time:
SB 19. By Senators Matthews of the 47th and Dean of the 40th:
A bill to authorize the Commissioner of Agriculture to establish farmers' markets in this State; to authorize the Commissioner of Agri culture to make necessary rules and regulations to properly conduct such markets; and for other purposes.
SB 20. By Senators Parker of the 20th, Dean of the 40th, Dykes of the 14th, Jones of the 18th, Kelly of the 35th, Turner of the 34th, Steis of the 25th, Ricketson of the 19th, Lovett of the 16th, Matthews of the 47th, Ayers of the 31st, Harden of the 27th, Harper of the 26th, Dews of the 9th, Wood of the 49th, Hollis of the 24th, McDonald of the 43rd, Page of the 1st, Lambert of the 28th, Overby of the 33rd, Jones of the 38th, Wetherington of the 6th, Morrison of the 15th, Raulerson of 46th, Ponsell of the 5th, Clary of the 29th, Waters of the 41st and Millican of the 52nd:
A bill revising and consolidating laws relative to game and fish, so as to permit the breeding of pen raised quail for commercial purposes; and for other purposes.
SB 22. By Senators Dean of the 40th, Matthews of the 47th and Chance of the 51st:
A bill to amend the act providing for the prevention of the spread of hog cholera; to regulate the distribution and administering of hog cholera serum and virus; and for other purposes.
SB 24. By Senators Dean of the 40th and Matthews of the 47th:
A bill regulating and governing the feeding of garbage to livestock and regulating and governing the rendering of the carcasses of dead domestic animals; and for other purposes.
TUESDAY, JANUARY 17, 1956
145
The following bills were read the third time and put upon their passage:
SB 1. By Senator Overby of the 33rd:
A bill to provide for closing the public schools in any county, city or independent school system; to provide for grants for educational pur poses to the children of school age in any county, city, city or inde pendent school system; to define the powers of the Governor hereunder; and for other purposes.
The Committee on Rules offered the following amendment:
Amend SB 1 by striking from section 2 of said bill, the words in parenthesis quoted as follows:
"(excluding any appropriations for capital outlay allotments)".
On the adoption of the amendment the ayes were 48, 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.
On the passage of the bill, the ayes were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 3. By Senator Overby of the 33rd:
A bill to provide for the leasing of school property of any county, city or independent school system for private educational purposes; to repeal conflicting laws; and for other purposes.
The Committee on Rules offered the following amendment:
Amend SB 3 by adding to the end of Section 1 of said bill, the following words:
"provided that said lease shall be for a period not longer than ten (10) years.",
so that said section as amended shall read as follows:
"Section 1. That the various counties, cities, municipalities, county boards of education, city boards of education and governing bodies of independent school districts or systems of this State shall have authority to lease any schoolhouse or other school property for private educational purposes to any person, group of persons or corporation which is or will be bona fide engaged in the opera tion of a private school, provided that said lease shall be for a period not longer than ten (10) years."
Senator Harrison of the 17th offered the following amendment to the amendment:
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JOURNAL OF THE SENATE,
Amend amendment by substituting in the last sentence the word "five" and numeral "5" in lieu of ten and (10).
On the adoption of the amendment to the amendment, the ayes were 43, nays 0.
On the adoption of the amendment as amended-, the ayes were 43, 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.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 4. By Senator Overby of the 33rd:
A bill to amend an act creating the State School Building Authority, approved February 19, 1951 (Ga. L. 1951, p. 241) so as to authorize the subleasing of any structure, building or facility of the authority for private educational purposes; 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 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 7. By Senator Overby of the 33rd:
A bill to amend the act approved February 11, 1955 (Georgia Laws 1955, p. 174) prohibiting the expenditure of public funds for the opera tion of public schools under the circumstances therein defined, by amend ing Section 3 of said act relating to violations thereof, so as to authorize actions to enjoin any violation or threatened violation of said act; to confer jurisdiction of such actions upon the Superior Courts; to repeal conflicting laws; and for other purposes.
Senator Page of the 1st offered the following amendment:
Amend SB 7 by adding the word "written" before the word "De mand", the words "formally presented to any official ,of this State or of any county, city or school district" after the word "Demand" in Section 3, Line 22, so that said section as amended shall read as follows:
"Section 3. Be it further enacted by the authority aforesaid, that any official of this State, or of any county, city or school district, system or unit, or any other person, who shall offend against any provision of this law, or aid or abet therein, or be in
TUESDAY, JANUARY 17, 1956
147
any wise therein concerned, shall be guilty of felony, and, upon conviction thereof, shall be confined in the penitentiary for a period of not less nor more than two years; and it shall be the duty of the Attorney General to conduct the prosecution. In addition, the Attorney General shall in the name of the State upon direction of the Governor, institute such action as may be deemed necessary and proper to enjoin any practice or threatened practice, and any action or threatened action in violation of this law, or which may tend to bring about or require or encourage a violation of this law, without regard to whether the same would constitute a nuisance under general law, and without regard to whether adequate remedy exists at law, and without regard to whether such practice or threatened practice or such action or threatened action is taken or threatened by any such official or officials or by a private individual or individuals. Written demand formally presented to any official of this State or of any county, city, or school district by any citizen that practices be instituted which would involve violation of this law shall constitute a threatened practice sufficient to support such action. The Superior Courts of this State shall have jurisdiction of any such action so directed to be instituted by the Governor notwithstanding any other provision of the law on the subject."
Section 2. That all laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the amendment, the ayes were 45, nays 0, and the amend ment 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 46, nays 0.
The bill having received the requisite constitutional majority, was passed as amended.
Senator Garrett of the 53rd asked unanimous consent that the following bill be withdrawn from the Committee on Penal Institutions and recommitted to the Committee on Judiciary:
HB 35. By Mr. Tarpley of Union and others: A bill to create a statewide probation system; and for other purposes.
The consent was granted.
Senator Overby of the 33rd moved that the Senate do now adjourn until 10:30 o'clock tomorrow morning and the motion prevailed.
The president announced the Senate adjourned until 10:30 o'clock tomorrow morning.
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Senate Chamber, Atlanta, Georgia, Wednesday, January 18, 1956.
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.
By unanimous consent, the call of the roll was dispensed with.
Senator Steis of the 25th reported that the journal of yesterday's proceed ings had been examined and found correct.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
Senator Overby of the 33rd 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. Third reading and consideration of general 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 of the House to wit:
HB 8. By Messrs. Hall of Floyd and Bodenhamer of Tift:
A bill to amend an act known as the Teacher Retirement System Act so as to provide that all teaching experience in Georgia shall be counted in computing service for retirement purposes; and for other purposes.
HB 9. By Messrs. Hall of Floyd, Bodenhamer of Tift and Barber of Jackson:
A bill to amend an act known as the Teachers' Retirement System Act, so as to provide that teachers coming into the teacher retirement system shall be entitled to receive credit for prior teaching service; and for other purposes.
HB 11. By Messrs. Kilgore and Kelley of Gwinnett, Alien of Bulloch and others:
A bill to amend an act providing for the filing of a petition to the
WEDNESDAY, JANUARY 18, 1956
149
Superior Court or the Court of Ordinary by any person desirous of establishing the time and place of his birth, and for other purposes.
The House has adopted the following resolution of the. House, to-wit:
HR 51. By Mr. Bentley of Cobb:
A resolution to censure the Attorney General of the United States, Herbert Brownell, and the Federal Bureau of Investigation, for their flagrant invasion into the affairs of Cobb County and the State of Georgia; and for other purposes.
The following bills were introduced, read the first time and referred to committees:
SB 40. By Senators Neel of the 7th and Overby of the 33rd:
A bill to amend chapter 114 of the code of Georgia so as to change certain provisions relative to the Workmen's Compensation Law; and for other purposes.
Referred to the Committee on Industry and Labor.
SB 41. By Senators Harrison of the 17th, Jones of the 18th and Jones of the 23rd:
A bill to amend the act incorporating the Baptist Church at Buck Head, in the county of Burke so as to provide that the executive com mittee of the Hephzibah Baptist Association shall be trustees of said church; and for other purposes.
Referred to the Committee on Health and Welfare.
SB 42. By Senator Overby of the 33rd:
A bill to define "registered mail" as including "certified mail"; and for other purposes.
Referred to the Committee on Rules.
SB 43. By Senator Overby of the 33rd:
A bill to approve an executive order of the Governor of July 8, 1955, suspending in part the tax levied against licensees under the act known as the "Georgia Industrial Loan Act"; to limit the tax levied under said act as provided by said order; and for other purposes.
Referred to the Committee on Rules.
HB 8. By Messrs. Hall of Floyd and Bodenhamer of Tift:
A bill to amend an act known as the Teacher Retirement System Act so as to provide that all teaching experience in Georgia shall be counted in computing service for retirement purposes; and for other purposes.
Referred to Committee on Educational Matters.
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HB 9. By Messrs. Hall of Ployd, Bodenhamer of Tift and Barber of Jackson:
A bill to amend an act known as the Teachers' Retirement System Act, so as to provide that teachers coming into the teacher retirement system shall be entitled to receive credit for prior teaching service; and for other purposes.
Referred to Committee on Educational Matters.
HB 11. By Messrs. Kilgore and Kelley of Gwinnett, Alien of Bulloch and others:
A bill to amend an act providing 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.
Referred to committee on Judiciary.
HR 51. By Mr. Bentley of Cobb:
A resolution to censure the Attorney General of the United States, Herbert Brownell, and the Federal Bureau of Investigation for their flagrant invasion into the affairs of Cobb County and the State of Georgia; and for other purposes.
Referred to Committee on Judiciary.
Mr. Turner of the 34th District, Chairman of the Committee on County and Municipal Governments, submitted the following report:
Mr. President: Your Committee on County and Municipal Governments has had under con
sideration 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 recom mendations :
SB 21. Do Pass. SB 28. Do Pass. SB 29. Do f ass. SB 12. Do Pass. HB 22. Do Pass. HB 23. Do Pass. HB 68. Do Pass. HB 69. Do Pass. HB 21. Do Pass. HB 26. Do Pass.
Respectfully submitted, Turner of the 34th District, Chairman.
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151
Mr. Morrison of the 15th District, Chairman of the Committee on Public Utilities and Transportation, submitted the following report:
Mr. President:
Your Committee on Public Utilities and Transportation has had under con sideration the following bill of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
SB 10. Do Not Pass.
Respectfully submitted,
Morrison of 15th District,
Chairman.
Mr. Brooks of the 50th District, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bills and/or resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the House:
SB 1.
SB 3.
SB 4.
SB 7.
Respectfully submitted,
Brooks of the 50th District,
Chairman.
The following bills, favorably reported by the committees, were read the second time:
HB 21. By Mr. Greene of Crisp:
A bill to amend an act creating a new charter for the City of Cordele; and for other purposes.
HB 22. By Mr. Gates of Burke and others:
A bill to amend an act creating a new charter for the City of Waynesboro; and for other purposes.
HB 23. By Mr. Wilson of Peach:
A bill to amend an act creating a new charter for the City of Byron, so as to change and extend the corporate limits of the City of Byron from the present limits of one half mile in every direction from the center of the freight and passenger depot of the Central of Georgia Railway Company; and for other purposes.
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JOURNAL OF THE SENATE,
HB 26. By Mr. Twitty of Mitchell and others:
A bill to amend an act entitled "An Act to create a new charter for the City of Camilla, to close certain streets, etc.; and for other pur poses.
HB 68. By Mr. Willingham of Cobb and others: A bill to set up a comprehensive zoning and planning system for the unincorporated areas of Cobb County; and for other purposes.
HB 69. By Mr. Willingham of Cobb and others: A bill to amend an act creating a new charter for the City of Smyrna; and for other purposes.
SB 12. By Senator Parker of the 20th: A bill to amend an act creating a board of county commissioners of Baldwin County so as to provide for commissioner districts; and for other purposes.
SB 21. By Senator Page of the 1st: A bill to amend an act providing for holding of primary elections in the city of Savannah; and for other purposes.
SB 28. By Senator Page of the 1st: A bill to amend an act relating to incorporating the city of Savannah, pertaining to the term of office of the recorder of the police court of said city; and for other purposes.
SB 29. By Senator Page of the 1st: A bill to amend an act incorporating the city of Savannah pertaining to the registration of voters and the time of municipal elections; and for other purposes.
The following general bills were read the third time and put upon their passage:
SB 14. By Senators Harper of the 26th, Brooks of the 50th, Turner of the 34th and Ursrey of the 54th: A bill to create certain regulations concerning insurance companies which sell accident and sickness and hospitalization insurance; to repeal conflicting laws; and for other purposes.
The Committee on Industry and Labor offered the following amendment:
Amend SB 14 by striking therefrom Section 5 and substituting the following:
Section 5. Every company authorized to transact accident and sickness and hospitalization insurance business in the State of
WEDNESDAY, JANUARY 18, 1956
153
Georgia issuing policies renewable at the option of the company, or policies cancellable at the option of the company, or policies limited to a certain term, to residents of the State of Georgia shall not decline to accept timely payments of renewal premium thereon or exercise their optional right to cancel or refuse to issue an other policy with the same or similar provisions as the expiring policy, unless such company shall tender to the premium payor 75% of the difference between the monies paid and the claims benefits received, in cases where the amount of monies paid exceed the amount of claims benefits received. "Monies paid", as used in the foregoing sentence shall mean all monies paid by the pre mium payor to the company, its predecessors and agents, on ac count of the policy and all other policies theretofore issued by said company or its predecessors to the premium payor during a period immediately preceding such time while the premium payor was continuously insured by said company or its predecessors under the same or similar policies.
On the adoption of the amendment, the ayes were 34, nays 0, and the amendment was adopted.
Senator Florence of the 39th offered the following amendment: Amend Section 8 by changing age 60 to read age 65.
On the adoption of the amendment, the ayes were 34, nays 1, 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 as amended.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 19. By Senators Matthews of the 47th and Dean of the 40th:
A bill to authorize the Commissioner of Agriculture to establish farmers' markets in this state; to authorize the Commissioner of Agri culture to make necessary rules and regulations to properly conduct such markets; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 1. The bill, having received the requisite constitutional majority, was passed.
SB 20. By Senators Parker of the 20th, Dean of the 40th, Dykes of the 14th, Jones of the 18th, Kelly of the 35th, Turner of the 34th, and others:
A bill revising and consolidating laws relative to game and fish, so
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as to permit the breeding of pen raised quail for commercial purposes; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 22. By Senators Dean of the 40th, Matthews of the 47th and Chance of the 51st:
A bill to amend the act providing for the prevention of the spread of hog cholera; to regulate the distribution and administering of hog cholera serum and virus; and for other purposes.
The report 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 24. By Senators Dean of the 40th and Matthews of the 47th:
A bill regulating and governing the feeding of garbage to livestock and regulating and governing the rendering of the carcasses of dead domestic animals; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following resolution of the Senate was read and adopted:
SR 16. By Senator Harrison of the 17th:
A resolution providing that the Senate express sincere congratulations to the distinguished First Lady for the charm and warmth which she has given to the Governor's Mansion and to extend to her and his Excellency, the Governor, their gracious thanks for a delightful evening.
Senator Overby of the 33rd moved that the Senate do now adjourn until 10:30 o'clock tomorrow morning and the motion prevailed.
The president announced the Senate adjourned until 10:30 o'clock tomorrow morning.
THURSDAY, JANUARY 19, 1956
155
Senate Chamber, Atlanta, Georgia, Thursday, January 19, 1956.
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 Rev. Sam Buchanan, pastor Tyson Memorial Church, Valdosta, Georgia.
By unanimous consent the call of the roll was dispensed with.
Senator Steis of the 25th reported that the journal of yesterday's proceed ings had been examined and found correct.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
Senator Overby of the 33rd 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. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and consideration of general 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 of the House to wit:
HB 12. By Messrs. Stephens and .Matthews of Clarke and Barber of Jackson:
A bill to amend an act known as the Subversive Activities Act, so as to provide that no person shall be required to give information rela tive to the membership in any organization of any relative of such person; and for other purposes.
HB 32. By Mr. Garrard of Wilkes:
A bill to grant a new charter to the Town of Tignall; and for other purposes.
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JOURNAL OF THE SENATE,
HB 53. By Mr. Bentley of Cobb:
A bill to provide that in all civil cases where the life expectancy of a person shall be an issue, the American experience mortality tables shall be admissable as evidence of the life expectancy of such person; and for other purposes.
HB 59. By Messrs. Strickland of Toombs, Scoggin of Floyd and others:
A bill to amend code chapter 27-2 relating to arrests so as to require the arresting officer who arrests a person under a warrant to bring the accused before the person authorized to examine, commit or receive bail within 72 hours; and for other purposes.
HB 65. By Messrs. Scoggin, Wright and Hall of Floyd and others:
A bill to amend an act creating the State Board of Pardons and Paroles, so as to create an advisory staff as a division thereof; and for other purposes.
HB 75. By Messrs. McKenna, Carlisle and Groover 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 76. By Messrs. McKenna, Carlisle and Groover 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 92. By Messrs. M. Smith, H. Smith and Lokey of Fulton:
A bill to amend an act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit; and for other purposes.
HB 93. By Messrs. Watson and Denson of Dougherty:
A bill to amend an act creating a new charter for the City of Albany; and for other purposes.
HB 94. By Messrs. Watson and Denson of Dougherty:
A bill to amend an act relating to the limitation on the right of tax ation by municipal corporations, so as to provide that the City of Albany shall not be affected by the provisions of this section; and for other purposes.
HB 98. By Mr. Blackburn of Habersham:
A bill to repeal an act creating a new charter for the City of Clarkesville; and for other purposes.
HB 109. By Mr. Ayers of Madison:
A bill to amend an act creating a new city charter for the City of Colbert; and for other purposes.
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157
The House has adopted the following resolution of the House, to-wit:
HR 61. By Messrs. Moate of Hancock, Groover of Bibb and others:
A resolution expressing regrets for the illness of Joe Burton, and for other purposes.
The House has adopted the following resolution of the House, to-wit:
HR 72. By Mr. Groover of Bibb:
A resolution providing for a joint session on Monday, January 23, 1956, and for other purposes.
The following resolutions of the House were read and adopted:
HR 61. By Messrs. Moate of Hancock, Groover of Bibb and others:
A resolution expressing regret for the illness of Joe Burton; and for other purposes.
HR 72. By Mr. Groover of Bibb:
A resolution providing for a joint session on Monday, January 23, 1956, for the purpose of hearing an address by His Excellency, the Governor; and providing for a committee of escort; and for other purposes.
The president appointed on the part of the Senate: Senators McBride of the 10th and Overby of the 33rd.
The following bills were introduced, read the first time and referred to committees :
SB 44. By Senators Wilkins of the 44th, Matthews of the 47th, Dean of the 40th and Jones of the 23rd:
A bill to amend the act prohibiting the throwing or depositing of trash or garbage upon public roads or property; so as to provide the uniform division of the State Department of Public Safety with the jurisdiction and power to enforce said act; and for other purposes.
Referred to the Committee on Highways.
SB 45. By Senators Wilkins of the 44th, Matthews of the 47th, Dean of the 40th and Jones of the 23rd:
A bill to make it unlawful to park or leave unattended any vehicle upon the right-of-way of any State highway for over twenty-four (24) hours; to provide the uniform division of the Department of Public Safety with the power to enforce said act; and for other purposes.
Referred to the Committee on Public Utilities and Transportation.
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SB 46. By Senator Matthews of the 47th:
A bill to regulate the sale of brake fluid; to provide a minimum stand ard and specification for brake fluid; and for other purposes.
Referred to the Committee on Public Utilities and Transportation.
SB 47. By Senator Overby of the 33rd:
A bill to amend code section 84-1317 of the code of Georgia relating to who may sell or compound drugs, so as to provide that no drugs shall be sold or dispensed by vending machines; and for other purposes.
Referred to the Committee on Health and Welfare.
SB 48. By Senator Matthews of the 47th:
A bill to amend an act establishing a retirement system for certain teachers in the public and state supported schools (Ga. Laws 1943, p. 640), so as to remove the provision relative to receiving the equivalent of a service retirement allowance if a member has 35 years of service; to change the date of the computation of the accrued liability contribu tion rate; and for other purposes.
Referred to the Committee on Educational Matters.
SB 49. By Senators McDonald of the 43rd and Overby of the 33rd:
A bill to amend an act providing revenue and a source of revenue for the purpose of paying annuities and benefits to the peace officers of the State of Georgia, (Ga. Laws 1950, p. 50), so as to change the provisions relative to eligibility; and for other purposes.
Referred to the Committee on Appropriations.
SB 50. By Senator Zellner of the 22nd:
A bill to create a Livestock Disease Control Board; to provide for the members, duties and compensation of the members thereof; and for other purposes.
Referred to the Committee on Agriculture and Natural Resources.
SB 51. By Senator Matthews of the 47th:
A bill to amend the act creating and establishing a new charter for the City of Moultrie by providing that the water system, the electric sys tem and the gas system of the City of Moultrie are public utilities as to all parts of said system outside of said city and as to the operation of said system outside of said city; and ofr other purposes.
Referred to the Committee on County and Municipal Governments.
The following resolution was introduced, read the first time and referred to committee:
SR 17. By Senator Chance of the 51st:
A resolution to officially designate the name for a bridge over Savage
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159
Creek on the highway between Tarversville, Twiggs County, Georgia, and Bonaire, Houston County, Georgia, as the "General Ezekiel Wimberly Bridge."
Referred to the Committee on Highways.
HB 12. By Messrs. Stephens and Matthews of Clarke and Barber of Jackson:
A bill to amend an act known as the Subversive Activities Act, so as to provide that no person shall be required to give information relative to the membership in any organization of any relative of such person; and for other purposes.
Referred to Committee on Judiciary.
HB 32. By Mr. Garrard of Wilkes:
A bill to grant a new charter to the Town of Tignall; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 53. By Mr. Bentley of Cobb:
A bill to provide that in all civil cases where the life expectancy of a person shall be an issue, the American Experience Mortality Tables shall be admissable as evidence of the life expectancy of such person; and for other purposes.
Referred to Committee on Industry and Labor.
HB 59. By Messrs. Strickland of Toombs, Scoggin of Ployd and others:
A bill to amend Code Chapter 27-2 relating to arrests so as to require the arresting officer who arrests a person under a warrant to bring the accused before the person authorized to examine, commit or receive bail within 72 hours; and for other purposes.
Referred to Committee on Judiciary.
HB 65. By Messrs. Scoggin, Wright and Hall of Floyd and others:
A bill to amend an act creating the State Board of Pardons and Paroles, so as to create an advisory staff as a division thereof; and for other purposes.
Referred to Committee on Penal Institutions.
HB 75. By Messrs. McKenna, Carlisle and Groover 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 County and Municipal Governments.
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JOURNAL OF THE SENATE,
HB 76. By Messrs. McKenna, Carlisle and Groover of Macon:
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 County and Municipal Governments.
HB 92. By Messrs. M. Smith, H. Smith and Lokey of Fulton:
A bill to amend an act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit; and for other purposes.
Referred to Committee on Judiciary.
HB 93. By Messrs. Watson and Denson of Dougherty:
A bill to amend an act creating a new charter for the City of Albany; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 94. By Messrs. Watson and Denson of Dougherty:
A bill to amend an act relating to the limitation on the right of tax ation by municipal corporations, so as to provide that the City of Albany shall not be affected by the provisions of this section; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 98. By Mr. Blackburn of Habersham:
A bill to repeal an act creating a new charter for the City of Clarkesville; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 109. By Mr. Ayers of Madison:
A bill to amend an act creating a new city charter for the City of Colbert; and for other purposes.
Referred to Committee on County and Municipal Governments.
Mr. Dean of the 40th District, Chairman of the Committee on Agriculture and Natural Resources, submitted the following report:
Mr. President:
Your Committee on Agriculture and Natural Resources has had under con sideration the following bill of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
SB 27. Do Pass, as amended.
Respectfully submitted, Dean of 40th District,
Chairman.
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161
Mr. Turner of the 34th District, Chairman of the Committee on County and Municipal Governments, submitted the following report: Mr. President:
Your Committee on County and Municipal Governments has had under con sideration 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 63. Do Pass. HB 38. Do Pass. HB 44. Do Pass. HB 62. Do Pass. HB 64. Do Pass. HB 50. Do Pass. HB 41. Do Pass. HB 42. Do Pass.
Respectfully submitted, Turner of 34th District, Chairman.
Mr. Hollis of the 24th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. President:
Your Committee on 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 13. Do Pass. SB 17. Do Pass. SB 25. Do Pass. SB 33. Do Pass. SB 38. Do Pass. HB 24. Do Pass. HB 33. Do Pass. HB 40. Do Pass.
Respectfully submitted, Hollis of 24th District, Chairman.
Mr. Clary of the 29th District, Chairman of the Committee on Industry and Labor, submitted the following report:
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JOURNAL OP THE SENATE,
Mr. President:
Your Committee on Industry and Labor 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 15. Do Pass.
SB 30. Do Pass, as amended.
Respectfully submitted,
Clary of 29th District, Chairman.
Mr. Harrison of the 17th District, Chairman of the Committee on Health and Welfare, submitted the following report:
Mr. President:
Your Committee on Health and Welfare has had under consideration the following bills of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 16. Do Pass.
SB 41. Do Pass.
Respectfully submitted, Harrison of 17th District, Chairman.
Mr. President, Chairman of the Committee on Rules, submitted the follow-* ing report:
Mr. President: Your Committee on Rules 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:
HR 9. Do Pass, by substitute.
SB 42. Do Pass.
SB 43. Do Pass.
SR 13. Do Not Pass.
Respectfully submitted,
Mr. President,
Chairman.
Mr. Brooks of the 50th District, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
THURSDAY, JANUARY 19, 1956
163
Mr. President: Your Committee on Senate Administrative Affairs 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 14. SB 19. SB 20. SB 22.
SB 24. Respectfully submitted, Brooks of the 50th District, Chairman.
The following bills and resolutions, favorably reported by the committees, were read the second time:
SB 15. By Senators Dean of the 40th, Matthews of the 47th and Chance of the 51st:
A bill to regulate the sale of coal, coke and charcoal; to provide a penalty for violation; and for other purposes.
SB 27. By Senators Dean of the 40th, Matthews of the 47th and Chance of the 51st:
A bill to provide that all meat, meat products, fish and poultry of fered or exposed for sale, or sold, shall be by net weight only; and for other purposes.
SB 30. By Senator Lambert of the 28th:
A bill to provide for the prohibition of the owning, controlling or hold ing by certain companies of more than 15% of voting stock of banks as defined therein and of bank holding companies as defined therein; to define company as included in said prohibition; to provide for restrictions of certain foreign companies in voting stock of said banks or holding companies; and for other purposes.
SB 33. By Senator Hollis of the 24th:
A bill to provide for the continuance of cases pending in the courts of this state in which the attorney general is of counsel when the attorney general and his staff are occupied in aid of the business of the General Assembly; and for other purposes.
SB 38. By Senator McDonald of the 43rd:
A bill to amend the code of Georgia, relating to larceny or theft, by adding a new code section to provide that wilful concealment of un-
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purchased goods or merchandise shall be a misdemeanor, and that discovery of such wilful concealment shall be prima facie evidence of violation of this act; and for other purposes.
SB 41. By Senators Harrison of the 17th, Jones of the 18th and Jones of the 23rd:
A bill to amend the act incorporating the Baptist Church at Buck Head, in the county of Burke so as to provide that the executive committee of the Hepzibah Baptist Association shall be trustees of said church; and for other purposes.
SB 42. By Senator Overby of the 33rd:
A bill to define "registered mail" as including "certified mail"; and for other purposes.
SB 43. By Senator Overby of the 33rd:
A bill to approve an Executive Order of the Governor of July 8, 1956, suspending in part the tax levied against licensees under the act known as the "Georgia Industrial Loan Act"; to limit the tax levied under said Act as provided by said order; and for other purposes.
HB 24. By Mr. Cates of Burke and others:
A bill to amend an act establishing the City of Waynesboro; and for other purposes.
HB 33. By Mr. Clary of McDuffie:
A bill to provide for the terms of the Superior Court of McDuffie County; and for other purposes.
HB 38. By Mr. Huddleston of Payette:
A bill to consolidate the office of Tax Receiver and Tax Collector of Fayette County into the office of Tax Commissioner of Fayette County; and for other purposes.
HB 40. By Mr. Stevens of Marion:
A bill to provide for the terms of court of the Superior Court of Marion County; and for other purposes.
HB 41. By Mr. Green of Rabun:
A bill to amend an act consolidating the offices of Tax Receiver and Tax Collector of Rabun County into the office of Tax Commissioner of Rabun County; and for other purposes.
HB 42. By Mr. Green of Rabun:
A bill to authorize the governing authority of the City of Clayton to lease certain property owned by the City of Clayton, known as the
THURSDAY, JANUARY 19, 1956
165
"Gold Course Property" for public recreational purposes for a period of not in excess of 99 years; and for other purposes.
HB 44. By Mr. Barker of Heard:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Heard County, so as to remove the provisions rela tive to districts, etc.; and for other purposes.
HB 50. By Mr. Murphey of Crawford:
A bill to amend an act relating to the amount of county-wide school tax which shall be received by the tax receiver in certain counties, so as to increase the amount of county-wide school tax to be received by the tax receiver from one and one-fourth percent to two and one-half percent; and for other purposes.
HB 62. By Mr. Veal of Putnam:
A bill to amend the charter of the City of Eatonton; and for other purposes.
HB 63. By Mr. Hurst of Quitman:
A bill to amend an act incorporating the Town of Georgetown; and for other purposes.
HB 64. By Mr. Murphey of Crawford:
A bill to amend an act creating a new charter for the City of Roberta; and for other purposes.
HR 9. By Mr. Duke of Baldwin and others:
A resolution to compensate the clerk and sheriff of the Superior Court of Baldwin County for costs due in habeas corpus proceedings in the Superior Court of Baldwin County; and for other purposes.
The following local uncontested bills were read the third time and put upon their passage:
SB 12. By Senator Parker of the 20th:
A bill to amend the act creating a Board of County Commissioners for Baldwin County so as to provide for Commissioner Districts; to pro vide for the procedure connected therewith; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE SENATE,
SB 21. By Senator Page of the 1st:
A bill to amend the act providing for the holding of primary elections in the City of Savannah for the selection of Mayor and Aldermen for said city; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 28. By Senator Page of the 1st:
A bill to alter and amend the several acts relating to and incorporating the Mayor and Aldermen of the City of Savannah; to fix, regulate and determine the term of office of the recorder of the police court 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 29. By Senator Page of the 1st:
A bill to amend the act approved August 18, 1919, relating to and in corporating the mayor and aldermen of the City of Savannah; to pro vide for elections; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 21. By Mr. Greene of Crisp:
A bill to amend an act creating a new charter for the City of Cordele; and for other purposes.
The report 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.
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167
HB 22. By Mr. Gates of Burke and others:
A bill to amend an act creating a new charter for the City of Waynesboro; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 23. By Mr. Wilson of Peach:
A bill to amend an act creating a new charter for the City of Byron, so as to change and extend the corporate limits of the City of Byron from the present limits of one-half mile in every direction from the center of the freight and passenger depot of the Central of Georgia Railway Company; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 26. By Mr. Twitty of Mitchell and others:
A bill to amend an act entitled "An Act to create a new charter for the City of Camilla," to close certain streets, etc.; and for other pur poses.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 68. By Mr. Willingham of Cobb and others:
A bill to set up a comprehensive zoning and planning system for the unincorporated areas 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE SENATE,
HB 69. By Mr. Willingham of Cobb and others:
A bill to amend an act creating a new charter for the City of Smyrna; and for other purposes.
The report 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 were read the third time and put upon their passage:
SB 13. By Senator McDonald of the 43rd:
A bill relating to "Deposits of Costs Required in Divorce Cases", so as to change the amount of deposits; and for other purposes.
The report 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 16. By Senators Page of the 1st and Steis of the 25th:
A bill to amend Code Chapter 84-6, regulating the practice of chiropody, so as to provide for the qualifications of applicants for examination; to increase the State Board examination fee and the annual license renewal fee; to include failure to renew annual license as reason for revocation of license; to prohibit the practice of chiropody in other than an ethical professional office; to provide for advertising by chiropodist; to broaden the meaning of unlawful practice; to repeal conflicting laws; and for other purposes.
Senators Page of the 1st and Steis of the 25th offered the following amend ment:
Amend SB 16, Section 84-604, by striking the following words from the first sentence of said section:
"There shall be paid the Secretary-Treasurer of the Board of Chiropody Examiners"
and substituting in lieu thereof the following:
"There shall be paid to the Joint-Secretary State Examining Boards."
On the adoption of the amendment, the ayes were 39, nays 0, and the amendment was adopted.
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169
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 17. By Senator McDonald of the 43rd:
A bill to provide for fees of clerks of the superior courts, so as to clarify the fee provision pertaining to change of name proceedings; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 25. By Senator McDonald of the 43rd:
A bill revising the adoption laws of 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 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Overby of the 33rd moved that the Senate resolve itself into executive session for the purpose of considering a message from His Excellency, the Governor.
The motion prevailed and the Senate resolved itself into executive session.
The following message was transmitted to His Excellency, the Governor, through George D. Stewart, secretary of the Senate:
January 20, 1956.
Honorable Marvin Griffin, 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:
Honorable Alexander R. Lawton of Chatham County, as a Member
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of the Georgia Art Commission, for a term beginning March 9, 1954 and ending March 9, 1958. The vote on this confirmation was ayes 48, nays 0.
Honorable Edward Alien Moulthrop of Fulton County, as a Mem ber of the Georgia Art Commission, for a term beginning March 9, 1954 and ending March 9, 1957. The vote on this confirmation was ayes 48, nays 0.
Honorable D. Collier Houston of Dougherty County, as a Member of the Georgia Art Commission, for a term beginning March 9, 1954 and ending March 9, 1959. The vote on this confirmation was ayes 48, nays 0.
Miss Thelma D. Brownett of Richmond County, as a Member of the Georgia Art Commission, for a term beginning March 9, 1954 and ending March 9, 1957. The vote on this confirmation was ayes 48, nays 0.
Honorable Lamar Dodd of Clarke County, as a Member of the Georgia Art Commission, for a term beginning March 9, 1954, and end ing March 9, 1959. The vote on this confirmation was ayes 48, nays 0.
Honorable Ben F. Johnson of Fulton County, as a Member of the Law Department as an Assistant Attorney General, for a term begin ning April 11, 1955 and ending at the pleasure of the Governor. The vote on this confirmation was ayes 48, nays 0.
Honorable John L. York of Fulton County, as a Member of the Law Department as an Assistant Attorney General, for a term beginning November 1, 1955 and ending at the pleasure of the Governor. The vote on this confirmation was ayes 48, nays 0.
Honorable Lamar L. Murdaugh of Lowndes County, as a Member of the Law Department as an Assistant Attorney General, for a term beginning November 1, 1955 and ending at the pleasure of the Governor. The vote on this confirmation was ayes 48, nays 0.
Mrs. Emory Stone of Grady County, as a Member of the State Board of Barber and Hairdresser Examiners, for a term beginning December 19, 1955 and ending November 9, 1958. The vote on this confirmation was ayes 48, nays 0.
Honorable J. H. Parham of Heard County, as a Member of the State Board of Barber and Hairdresser Examiners, for a term begin ning December 19, 1955 and ending November 9, 1958. The vote on this confirmation was ayes 48, nays 0.
Honorable Norman Elsas, as a Member of the Board of Managers State Factory for Blind, for a term beginning October 28, 1953 and ending at the pleasure of the Governor. The vote on this confirmation was ayes 48, nays 0.
Honorable Louis J. Ferrier of Fulton County, as a Member of the State Board of Chiropody Examiners, for a term beginning November 9, 1955 and ending May 5, 1956. The vote on this confirmation was ayes 48, nays 0.
Mrs. Mattie C. Stephens of Upson County, as a Member of the State Board of Chiropractic Examiners, for a term beginning Septem-
THURSDAY, JANUARY 19, 1956
171
her 8, 1953 and ending September 8, 1956. The vote on this confirma tion was ayes 48, nays 0.
Honorable Trammell Mclntyre of Fulton County, as a Member of the Board of Commerce, for a term beginning February 21, 1955 and ending February 8, 1956. The vote on this confirmation was ayes 48, nays 0.
Honorable J. T. Trappnell of Candler County, as a Member of the State Game and Fish Commission, for a term beginning January 1, 1956 and ending January 1, 1963. The vote on this confirmation was ayes 48, nays 0.
Honorable Lynn J. Norris of McDuffie County, as a Member of the State Board of Corrections, for a term beginning December 15, 1955 and ending November 27, 1960. The vote on this confirmation was ayes 48, nays 0.
Honorable William Brown of Pierce County, as a Member of the State Board of Dental Examiners of Georgia, for a term beginning December 19, 1955, and ending August 1, 1958. The vote on this con firmation was ayes 48, nays 0.
Honorable John Lytjen of Chatham County, as a Member of the Board of Review of Employment Security Agency of State Department of Labor, for a term beginning November 15, 1954 and ending Novem ber 15, 1960. The vote on this confirmation was ayes 48, nays 0.
Honorable John Sheffield of Brooks County, as a Member of the Advisory Committee of Interstate Forest Fire Protection Compact, for a term beginning November 2, 1955 and ending November 2, 1958. The vote on this confirmation was ayes 48, nays 0.
Honorable Hurley Jones of Wayne County, as a Member of the Advisory Committee of Interstate Forest Fire Protection Compact, for a term beginning July 28, 1955 and ending July 28, 1958. The vote on this confirmation was ayes 48, nays 0.
Honorable Henry O. Cummings of Seminole County, as a Member of the State Forestry Commission, for a term beginning February 28, 1955 and ending February 28, 1962. The vote on this confirmation was ayes 48, nays 0.
Honorable Henry G. Garrard of Wilkes County, as a Member of the Georgia Forest Research Council, for a term beginning January 18, 1954 and ending January 1, 1963. The vote on this confirmation was ayes 48, nays 0.
Honorable J. J. Armstrong of Chatham County, as a Member of the Georgia Forest Research Council, for a term beginning January 18, 1954 and ending January 1, 1960. The vote on this confirmation was ayes 48, nays 0.
Honorable Charles B. West of Fulton County, as a Member of the Georgia Forest Research Council, for a term beginning January 18, 1954 and ending January 1, 1957. The vote on this confirmation was ayes 48, nays 0.
Honorable Robert D. Dixon of Spalding County, as a Member of the State Board of Registration of Foresters, for a term beginning
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JOURNAL OF THE SENATE,
July 8, 1955 and ending March 19, 1960. The vote on this confirmation was ayes 48, nays 0.
Honorable D. N. Thomson of Elbert County, as a Member of the Board of Health, for a term beginning September 8, 1955 and ending September 1, 1961. The vote on this confirmation was ayes 48, nays 0.
Honorable Howard Tamplin of Morgan County, as a Member of the Governor's Committee on Interstate Cooperation, for a term begin ning February 7, 1955 and ending at the pleasure of the Governor. The vote on this confirmation was ayes 48, nays 0.
Honorable Frank Twitty of Mitchell County, as a Member of the Governor's Committee on Interstate Cooperation, for a term beginning February 7, 1955 and ending at the pleasure of the Governor. The vote on this confirmation was ayes 48, nays 0.
Honorable W. Fred Aldred of Chattooga County, as a Member of the Jekyll Island Parks Authority, for a term beginning September 14, 1955 and ending July 1, 1960. The vote on this confirmation was ayes 48, nays 0.
Honorable Tom Steele of Henry County, as a Member of the Live stock Development Authority, for a term beginning July 1, 1955 and ending July 1, 1959. The vote on this confirmation was ayes 48, nays 0.
Honorable H. Lee Carter of Hart County, as a Member of the Georgia Industrial Loan Advisory, for a term beginning April 4, 1955 and ending April 4, 1956. The vote on this confirmation was ayes 48, nays 0.
Honorable Grady Atkinson of Morgan County, as a Member of the Georgia Industrial Loan Advisory, for a term beginning April 4, 1955 and ending April 4, 1956. The vote on this confirmation was ayes 48, nays 0.
Honorable T. E. Kennedy, Jr., of Turner County, as a Member of the Georgia Industrial Loan Advisory, for a term beginning April 4, 1955 and ending April 4, 1957. The vote on this confirmation was ayes 48, nays 0.
Honorable Eugene Kelly of Walton County, as a Member of the Georgia Industrial Loan Advisory, for a term beginning April 4, 1955 and ending April 4, 1957. The vote on this confirmation was ayes 48, nays 0.
Honorable H. Sol. Clark of Chatham County, as a Member of the Georgia Industrial Loan Advisory, for a term beginning April 4, 1955 and ending April 4, 1957. The vote on this confirmation was ayes 48, nays 0.
Honorable Alex Russell of Barrow County, as a Member of the State Board of Medical Examiners, for a term beginning September 1, 1954 and ending September 1, 1958. The vote on this confirmation was ayes 48, nays 0.
Honorable Albert M. Deal of Bulloch County, as a Member of the State Board of Medical Examiners, for a term beginning Septem ber 1, 1955 and ending September 1, 1959. The vote on this confirma tion was ayes 48, nays 0.
THURSDAY, JANUARY 19, 1956
173
Honorable Charles K. Wall of Thomas County, as a Member of the State Board of Medical Examiners, for a term beginning Septem ber 1, 1955 and ending September 1, 1959. The vote on this confirma tion was ayes 48, nays 0.
Honorable Rudolph Clarke of Hall County, as a Member of the State Milk Control Board, for a term beginning December 14, 1955 and ending January 31, 1961. The vote on this confirmation was ayes 48, nays 0.
Mrs. Hattie Barnard of Ware County, as a Member of the Board of Examiners of Practical Nurses, for a term beginning November 10, 1955 and ending April 1, 1959. The vote on this confirmation was ayes 48, nays 0.
Miss Nancy Sale of DeKalb County, as a Member of the Board of Examiners of Nurses for Georgia, for a term beginning September 23, 1955 and ending September 23, 1958. The vote on this confirmation was ayes 48, nays 0.
Sister Mary Benaventure of Fulton County, as a Member of the Board of Examiners of Nurses for Georgia, for a term beginning Sep tember 23, 1955 and ending September 23, 1958. The vote on this cnfirmation was ayes 48, nays 0.
Honorable James D. Pippen of DeKalb County, as a Member of the Oil and Gas Commission, for a term beginning February 23, 1955 and ending May 18, 1955. The vote on this confirmation was ayes 48, nays 0.
Honorable James D. Pippen of DeKalb County, as a Member of the Oil and Gas Commission, for a term beginning May 18, 1955 and ending May 18, 1961. The vote on this confirmation was ayes 48, nays 0.
Honorable J. R. Dunn of Appling County, as a Member of the State Personnel Board, for a term beginning December 19, 1955 and ending November 23, 1962. The vote on this confirmation was ayes 48, nays 0.
Honorable W. E. Blasingame of Walton County, as a Member of the Pest Control Commission, for a term beginning July 1, 1955 and ending July 1, 1956. The vote on this confirmation was ayes 48, nays 0.
Honorable R. A. Moncrief of Fulton County, as a Member of the Pest Control Commission, for a term beginning July 1, 1955 and end ing July 1, 1957. The vote on this confirmation was ayes 48, nays 0.
Honorable H. 0. Lund of Clarke County, as a Member of the Pest Control Commission, for a term beginning July 1, 1955 and ending July 1, 1958. The vote on this confirmation was ayes 48, nays 0.
Honorable Richard Ray of Houston County, as a Member of the Pest Control Commission, for a term beginning July 1, 1955 and ending July 1, 1959. The vote on this confirmation was ayes 48, nays 0.
Honorable Theodore Oser of Fulton County, as a Member of the Pest Control Commission, for a term beginning July 1, 1955 and end ing July 1, 1960. The vote on this confirmation was ayes 48, nays 0.
Honorable B. D. Davis, Jr., of Coffee County, as a Member of the
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JOURNAL OF THE SENATE,
Georgia State Board of Pharmacy, for a term beginning November 1, 1954 and ending November 1, 1959. The vote on this confirmation wa3 ayes 48, nays 0.
Honorable E. W. Oatts of Laurens County, as a Member of the Georgia State Board of Pharmacy, for a term beginning November 1, 1955 and ending November 1, 1960. The vote on this confirmation was ayes 48, nays 0.
Honorable Robert M. Holder of Fulton County, as a Member of the State Port? Authority, for a term beginning June 30, 1955 and ending July 1, 1956. The vote on this confirmation was ayes 48, nays 0.
Honorable George B. Culpepper, Jr., of Peach County, as a Mem ber of the Board of Trustees of Employees Retirement Fund, for a term beginning June 30, 1955 and ending June 30, 1959. The vote on this confirmation was ayes 48, nays 0.
Honorable Roger H. Lawson of Pulaski County, as a Member of the Rural Roads Authority, for a term beginning July 8, 1955 and ending concurrent with his term of office. The vote on this confirma tion was ayes 48, nays 0.
Honorable Robert Chastain of Thomas County, as a Member of the Board of Social Security, for a term beginning January 11, 1955 and ending January 11, 1959. The vote on this confirmation was ayes 48, nays 0.
Honorable John Herman Thompson of Pulaski, as a Member of the Board of Social Security, for a term beginning December 14, 1955 and ending January 11, 1959. The vote on this confirmation was ayes 48, nays 0,
Honorable Marvin E. Moate of Hancock County, as a Member of the State School Building Authority, for a term beginning June 21, 1955 and ending January 1, 1957. The vote on this confirmation was ayes 48, nays 0.
Honorable Grady McSpadden of Floyd County, as a Member of the State School Building Authority for Deaf and Blind, for a term beginning July 1, 1955 an dending July 1, 1959. The vote on this con firmation was ayes 48, nays 0.
Honorable Joe T. Wood of Hall County, as a Member of the State Board of Veterans Service, for a term beginning March 23, 1955 and ending April 1, 1959. The vote on this confirmation was ayes 48, nays 0.
Honorable J. W. Lott of Sumter County, as a Member of the Vocational Trade School Building Authority, for a term beginning April 19, 1954 and ending January 1, 1957. The vote on this confirma tion was ayes 48, nays 0.
Honorable Thad McDaniel of Wayne County, as a Member of the Georgia Water Law Revision Commission, for a term beginning April 19, 1955 and ending, at the pleasure of the Governor. The vote on this confirmation was ayes 48, nays 0.
Honorable'B. F. Merritt, Jr., as a Member of the Georgia Water Law Revision Commission, for a term beginning April 19, 1955 and
THURSDAY, JANUARY 19, 1956
175
ending at the pleasure of the Governor. The vote on this confirmation was ayes 48, nays 0.
Honorable Malcolm L. Taylor of Chatham County, as a Member of the Georgia Water Law Revision Commission, for a term beginning April 19, 1955, and ending at the pleasure of the Governor. The vote on this confirmation was ayes 48, nays 0.
Honorable Dan Sinclair of Crisp County, as a Member of the Georgia Water Law Revision Commission, for a term beginning April 19, 1955 and ending at the pleasure of the Governor. The vote on this confirmation was ayes 48, nays 0.
Hpnorable George F. Powers of Baldwin County, as a Member of the Georgia Water Law Commission, for a term beginning April 19, 1955 and ending at the pleasure of the Governor. The vote on this confirmation was ayes 48, nays 0.
Honorable Floyd Tabor of Houston County, as a Member of the Georgia Water Law Revision Commission, for a term beginning April 19, 1955 and ending at the pleasure of the Governor. The vote on this confirmation was ayes 48, nays 0.
Honorable Ralph Primm of Floyd County, as a Member of the Georgia Water Law Revision Commission, for a term beginning April 19, 1955 and ending at the pleasure of the Governor. The vote on this confirmation was ayes 48, nays 0.
Honorable Frank Etheridge of Fulton County, as a Member of the Georgia Water Law Revision Commission, for a term beginning April 19, 1955 and ending at the pleasure of the Governor. The vote on this confirmation was ayes 48, nays 0.
Honorable Paul Weir of Fulton County, as a Member of the Geor gia Water Law Revision Commission, for a term beginning July 9, 1955 and ending at the pleasure of the Governor. The vote on this confirmation was ayes 48, nays 0.
Honorable John P. Baum of Baldwin County, as a Member of the Georgia Law Revision Commission, for a term beginning December 5, 1955 and ending at the pleasure of the Governor. The vote on this confirmation was ayes 48, nays 0.
Honorable N. A. Hardin of Monroe County, as a Member of the Georgia Waterways Commission, for a term beginning March 22, 1955 and ending January 18, 1958. The vote on this confirmation was ayes 48, nays 0.
Honorable Richard W. Best of Clay County, as a Member of the State Board of Workmen's Compensation, for a term beginning Novem ber 9, 1955 and ending May 1, 1957. The vote on this confirmation was ayes 48, nays 0.
Honorable Egbert A. Wright of Fulton County as Judge of Civil Court of Fulton County, for a term beginning January 1, 1956 and ending January 1, 1957. The vote on this confirmation was ayes 48, nays 0.
Honorable Wm. Eugene Blasingame of Fulton County, as Director of Entomology Department, for a term beginning September 23, 1955
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JOURNAL OF THE SENATE,
and ending January 11, 1959. The vote on this confirmation was ayes 48, nays 0.
Respectfully yours,
George D. Stewart, Secretary of the Senate.
GDS/rc
The executive session was dissolved and the Senate resumed the regular order of business.
Senator Overby of the 33rd moved that the Senate do now adjourn until 11:00 o'clock Monday morning and the motion prevailed.
The president announced the Senate adjourned until 11:00 o'clock Monday morning.
MONDAY, JANUARY 23, 1956
177
Senate Chamber, Atlanta, Georgia, Monday, January 23, 1956.
The Senate met pursuant to adjournment at 11:00 o'clock this morning and was called to order by the president.
Scripture reading and prayer was offered by Rev. Ramus Freeman, pastor, Methodist Church of Edison, Georgia.
By unanimous consent the call of the roll was dispensed with.
Senator Steis of the 25th reported that the journal of Friday's proceed ings had been examined and found correct.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
Senator Overby of the 33rd 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. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and consideration of general 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 15. By Messrs. Underwood of Bartow and Groover of Bibb:
A bill to amend an act establishing the employees retirement system so as to limit the amount of certain creditable service; and for other purposes.
HB 16. By Messrs. Underwood of Bartow and Groover of Bibb:
A bill to amend an act which provides for coverage of certain employees of political subdivisions under the old age and survivors insurance pro visions of the Federal Social Security Act; and for other purposes.
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JOURNAL OF THE SENATE,
HB 47. By Messrs: Peters of Meriwether, Mashburn of Porsyth and Coker of Cherokee:
A bill to amend an act so as to provide for oral prescriptions for certain narcotic drugs; and for other purposes.
HB 48. By Mr. Chambers of Richmond:
A bill to provide for the service of subpoenas by registered mail; and for other purposes.
HB 81. By Messrs. Chambers and Sanders of Richmond:
A bill to amend an act so as to facilitate the examination of jurors by counsel; and for other purposes.
HB 91. By Mr. Fowler of Douglas:
A bill to amend an act so as to change the weight and size classifica tion of eggs; and for other purposes.
HB 104. By Messrs. Potts of Coweta and Stephens and Matthews of Clarke:
A bill declaring the intent of the General Assembly to establish as a policy of the State a method for protection of the public against false claims in the guarantee of high quality of seeds and plants for various agricultural pursuits, and for other purposes.
HB 111. By Messrs. Moate of Hancock and Groover of Bibb:
A bill to prohibit members of boards and other state agencies from selling goods or services to the state; and for other purposes.
HB 39. By Mr. Blackburn of Habersham:
A/ bill tq create a Board of Commissioners of Roads and Revenue for Habersham County; and for other purposes.
HB 121. By Messrs. Moate of Hancock, Mincy of Ware and others:
A bill to repeal an act creating the Georgia Board of Naturopathic Examiners; and for other purposes.
HB 128. By Messrs. Moate of Hancock, Willingham of Cobb, and Groover of Bibb:
A bill to authorize the operating of vending stands in state buildings by blind persons; and for other purposes.
HR 30-96c. By Mr. Dean of Rockdale:
A resolution authorizing the state librarian to furnish certain law books to the county commissioner of Rockdale County; and for other purposes.
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HE 49-130a. By Mr. Fain of Franklin:
A resolution authorizing the State Librarian to furnish certain law : books to the clerk of the Superior Court of Franklin County; and for
other purposes.
The House has adopted the following Resolutions of the House, to-wit:
HR 73. By Messrs. Nightingale of Glynn and Freeman of Monroe:
A resolution relative to the Governor's mansion; and for other pur poses.
HR 74. By Messrs. Turk of Wilcox, Mobley of Burke and Groover of Bibb:
A resolution commending Honorable John H. Druffel, United States District Judge for the Southern District of Ohio, for his statesmanship in refusing to supinely surrender to the absurd directives of the Sixth Circuit Court of Appeals, and for other purposes.
HR 85. By Mr. Groover of Bibb:
A resolution calling for a joint session of the House and Senate to hear addresses by Rep. Davis and Rep. Flynt.
The following bills were introduced, read the first time and referred to committees:
SB 52. By Senator Dews of the 9th:
A bill to provide that no schools in any county shall be consolidated without a vote of the persons living in the affected county; to provide for a commission; to provide the procedure; and for other purposes.
Referred to the Committee on Educational Matters.
SB 53. By Senator Ponsell of the 5th:
A bill to repeal an act creating the office of Commissioner of Roads and Revenues of the County of Ware and creating and establishing in lieu thereof a Board of Commissioners of Roads and Revenues of the County of Ware; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 54. By Senators Lambert of the 28th and Turner of the 34th:
A bill to amend the act creating the office of judge of the Superior Court Emeritus so as to change the age and service qualifications; and for other purposes.
Referred to the Committee on Judiciary.
SB 55. By Senators Matthews of the 47th, Ursrey of the 54th, Ponsell of the 5th, Raulerson of the 46th, Seagraves of the 30th, Warnell of the 2nd, . Dean of the 40th, Paulk of the 45th, Wetherington of the 6th, Strick-
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land of the 3rd, Jones of the 23rd, Wood of the 49th and Parker of the 20th:
A bill to amend an act imposing a tax on the sale, use or other disposi tion of little cigars, cigars and cigarettes Within this state so as to change the tax upon cigarettes; and for other purposes.
Referred to the Committee on Finance.
SB 56. By Senators Turner of the 34th and Harper of the 26th:
A bill to amend an act requiring every insurance company organized and doing business by virtue of the laws of this State to acquire and hold real property for the purpose of renting and leasing same, the investments in such property not to exceed five per cent (5%) of its total assets, and to be in addition to any and all other investments authorized by law, so as to change the terms and conditions relative to investments in real estate; and for other purposes.
Referred to the Committee on Industry and Labor.
SB 57. By Senator Ponsell of the 5th:
A bill to place the Sheriff, the Clerk of the Superior Court, and the Ordinary of Ware County on a salary system; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 58. By Senators Turner of the 34th and Harper of the 26th:
A bill to provide for the approval of all policies of insurance by the Insurance Commissioner; and for other purposes.
Referred to the Committee on Industry and Labor.
SB 59. By Senator McDonald of the 43rd:
A bill to amend, consolidate and supersede an act incorporating the City of Dalton and the several acts amendatory thereof; to create and establish a new charter for the City of Dalton; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 60. By Senator Shurling of the 21st:
A bill to amend Chapter 23 of the 1933 Code of Georgia relating to counties so as to require a performance bond in favor of the State or County or municipal corporation or other public board or body and further to require a payment bond for the use of laborers and materialmen, subcontractors and laborers and materialmen of subcontractors; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 61. By Senator Shurling of the 21st:
A bill to amend Chapter 67 of the 1933 Code of Georgia relating to mortgages, conveyances to secure debt and liens, so as to establish
MONDAY, JANUARY 23, 1956
181
liens in favor of subcontractors and in favor of mechanics and materialmen furnishing labor or material to subcontractors for the improve ment of real estate; and for other purposes.
Referred to the Committee on Judiciary.
SR 19. By Senators Clary of the 29th, Jones of the 18th, Ursrey of the 54th, Matthews of the 47th and Lambert of the 28th:
A resolution requesting Congress to return agricultural technicians provided under the "Point Four" program; and for other purposes.
Referred to the Committee on Agriculture and Natural Resources.
HB 15. By Messrs. Underwood of Bartow and Groover of Bibb:
A bill to amend an act establishing the employees retirement system so as to limit the amount of certain creditable services; and for other purposes.
Referred to Committee on Rules.
HB 16. By Messrs. Underwood of Bartow and Groover of Bibb:
A bill to amend an act which provides for coverage of certain employees of political subdivisions under the old age and survivors insurance pro visions of the Federal Social Security Act; and for other purposes. Referred to Committee on Industry and Labor.
HB 39. By Mr. Blackburn of Habersham:
A bill to create a Board of Commissioners of Roads and Revenues for Habersham County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 47. By Messrs. Peters of Meriwether, Mashburn of Forsyth and Coker of Cherokee:
A bill to amend an act so as to provide for oral prescriptions for certain narcotic drugs; and for other purposes.
Referred to Committee on Health and Welfare.
HB 48. By Mr. Chambers of Richmond:
A bill to provide for the service of subpoenas by registered mail; and for other purposes.
Referred to Committee on Judiciary.
HB 81. By Messrs. Chambers and Sanders of Richmond:
A bill to amend an act so as to facilitate the examination of jurors by counsel; and for other purposes.
Referred to Committee on Judiciary.
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HB 91. By Mr. Fowler of Douglas:
A bill to amend an act so as to change the weight and size classifica tion of eggs; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 104. By Messrs. Potts of Coweta and Stephens and Matthews of Clarke:
A bill declaring the intent of the General Assembly to establish as a policy of the state a method for protection of the public against false claims in the guarantee of high quality of seeds and plants for various agricultural pursuits; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 111. By Messrs. Moate of Hancock and Groover of Bibb:
A bill to prohibit members of boards and other state agencies from selling goods or services to the state; and for other purposes.
Referred to Committee on Rules.
HB 121. By Messrs. Moate of Hancock, Mincey of Ware and others:
A bill to repeal an act creating the Georgia Board of Naturopathic Examiners; and for other purposes.
Referred to Committee on Health and Welfare.
HB 128. By Messrs. Moate of Hancock, Willingham of Cobb and Groover of Bibb:
A bill to authorize the operating of vending stands in state buildings by blind persons; and for other purposes.
Referred to Committee on Health and Welfare.
HR 30. By Mr. Dean of Rockdale:
A resolution authorizing the state librarian to furnish certain law books to the county commissioner of Rockdale County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HR 49. By Mr. Fain of Franklin:
A resolution authorizing the state librarian to furnish certain law books to the clerk of the superior court of Franklin County; and for other purposes.
Referred to Committee on County and Municipal Governments.
The following resolutions were read and adopted:
MONDAY, JANUARY 23, 1956
183
SR 20. By Senators Hollis of the 24th, Neel of the 7th and Overby of the 33rd:
A resolution to congratulate the Commonwealth of Virginia for its leadership in the struggle to preserve the time-honored American concept of state and local control over education; and for other pur poses.
Senator Millican of the 52nd asked unanimous consent that SR 20 be imme diately transmitted to the House and the consent was granted.
SR 24. By Senator Overby of the 33rd:
A resolution extending sincere congratulations of the Senate to Senator J. Kimball Zellner from the 22nd district on the celebration of his 74th birthday.
HR 73. By Messrs. Nightingale of Glynn and Freeman of Monroe:
A resolution relative to the Governor's Mansion; and for other pur poses.
HR 74. By Messrs. Turk of Wilcox, Mobley of Burke and Groover of Bibb:
A resolution commending Honorable John H. Druffel, United States District Judge for the southern district of Ohio, for his statemanship in refusing to supinely surrender to the absurd directives of the Sixty Circuit Court of Appeals; and for other purposes.
HR 85. By Mr. Groover of Bibb:
A resolution calling for a joint session of the House and Senate to hear addresses by Representative Davis and Representative Flynt; and providing for a committee of escort.
The president appointed as a committee of escort on the part of the Senate: Senators Harper of the 26th and Millican of the 52nd:
SR 18. By Senator Jones of the 38th:
A resolution authorizing the members of the old Game and Fish Com mittee to inspect the facilities of the Game and Fish Commission on the coast; and for other purposes.
The hour of convening the joint session of the House and Senate as pro vided for in HR 85 having arrived, the president, accompanied by the secretary and the senators, proceeded to the hall of the House of Representatives and the joint session called for the purpose of hearing a message from His Excel lency, the Governor, was called to order by the president of the Senate.
-The resolution convening the joint session was read by the secretary.
The president introduced the Governor, who addressed the General Assembly as follows:
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LIEUTENANT GOVERNOR VANDIVER, SPEAKER MOATE AND MEM BERS OF THE GENERAL ASSEMBLY OP GEORGIA:
Today we begin consideration of a proposed new Appropriations Bill for the ensuing fiscal year beginning July 1, 1956.
As required by the Constitution of our State, my Budget Message to you at this time is accompanied by a draft of a proposed Appropriations Bill.
I should like to say that since my message to you two weeks ago, I have spent considerable time conferring with state department officials, members of the General Assembly, the State Auditor and others, so as to present to you a Bill that represents the best efforts of the administration, giving due consideraion to all of the problems which confront us.
First, permit me to outline my policy relative to fiscal affairs.
I believe in judicious economy in spending the peoples' tax money so as to accomplish the most good for the greatest number.
When you examine the Bill which I am presenting to this General Assem bly; yu wiH find this policy carried through from the caption to the repealing clause.
This administration asks the enactment of no new revenue measures at this session.
We have enough money in hand and in sight, barring some unforeseen catastrophe, to finance the essential needs of all of the departments of the state government, provided this General Assembly cooperates with the governor in his determination to economize through holding spending to reasonable levels.
I will not approve any Appropriations measure which seeks to expend more money than the State can afford.
Operating the state government, or any government for that matter, is no different from running a crossroads store.
When expenses exceed what can reasonably be expected in income, you may expect serious trouble ahead.
The way to avoid trouble is to be realistic and that is exactly what this administration proposes to do in formulating an Appropriations Act.
I caution you to be on guard and resist all attempts to weaken the sound fiscal position and the solvency of this administration.
At a time when our institutions are under all-out attack we must remain strong.
MONDAY, JANUARY 23, 1956
185
A State, financially prostrate, would be easy prey for those who seek to destroy our heritage.
In order to remain sovereign, we must remain solvent.
Before I enter into a discussion of the Appropriations' Bill which has been prepared for your consideration, let me go back and give you some recent his tory and figures relative to Budget operations so that you may know where we stand at the present time and may gauge what we can safely afford to do in the coming fiscal year.
The last General Appropriations Act was passed at the January, February, 1953, session of the General Assembly.
This measure was divided into two sections.
The first section, which had first call on state revenue, appropriated about 230 millions of dollars.
The second, or contingent, section of the Act appropriate approximately 28 millions of dollars.
Thus total appropriations made at that time amounted to $258,000,000.
When this administration came into office the level of expenditures under
the 1953 Act was a little over $241,000,000.
We continued at this level until the beginning of the present fiscal year June 30, 1955.
Just before the start of this fiscal year, this General Assembly enacted measures producing additional revenue.
You will recall that you adopted a resolution designating how this additional money should be spent, stating the amounts and to what departments it should go.
I have followed this directive to the letter in allocation of funds since that time.
The effect of your resolution was to replace the contingent section of the Budget as set forth in the 1953 Appropriations Act.
At the beginning of this fiscal year, it was determined by Budget authori
ties that 69.6 per cent, or $29,500,000, of the $41,000,000 total of items set forth in your resolution could be budgeted this year.
Therefore we were able to increase allotments to these governmental func tions in the following amounts:
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Schools, $12,180,000, an increase of 11%. University System, $3,132,000, an increase of 25%. Teacher Retirement System, $348,000, an increase of State Highway Department, $9,248,000, an increase of 16%. Public Health (including Battey Hospital and Eugene Talmadge Memorial Hospital), $2,088,000, an increase of 19%.
Public Welfare Department for public assistance and state institutions, $2,088,000, an increase of 8%.
And a slight increase of $348,000 for the Departments of Corrections and Public Safety.
Therefore, you can see that in the major departments during the current fiscal year sizeable percentage increases already have been made.
I call your attention particularly to the fact that even though common schools were increased about 11 per cent this year, the Board of Regents re ceived a 25 per cent increase.
These extra funds were allotted to meet rising demands of our people occasioned by a growing population.
Since the 1950 census, Georgia has added nearly 200,000 persons to her population and each year the life-span of our citizens is being extended.
This population growth means that we have more children entering our schools.
It means, too, that we have more persons seeking admission to Battey Hospital.
It means that we have more persons becoming eligible for welfare assistance.
And it means that we have more cars and trucks on the roads, necessitating vast highway outlays.
In fact, it means a constantly-rising demand for services which must be met all along the line.
In bringing these services to the people of Georgia it was necessary to employ additional personnel in the strictly service agencies of the state gov ernment during the last fiscal year. Virtually every one of these employees were employed to augment the staffs of our hospitals, welfare institutions, highway department, university system and state revenue department.
Accelerated activity in the four major departments of state government is in direct ratio to the progress and development of our state.
MONDAY, JANUARY 23, 1956
187
That brings us up to the present day.
.The current level of spending by your state government, taking into ac count the additions made under your resolution as passed during the extra ordinary session, is at the rate of $271,350,000 annually.
Let me repeat that figure, our current rate of expenditures is a little over $271,000,000.
Determining a sound budget for the coming fiscal year, we must now give consideration to estimates of what the state income is likely to be during this period.
State Revenue Commissioner T. V. Williams has furnished me with an estimate of revenue that he expects to collect in the fiscal year beginning July 1, 1956, and ending June 30, 1957.
This estimate is $261,106,000 exclusive of the items collected by other agen cies of the State, such as insurance premium tax, drivers' license fees, agricul tural fees, hunting licenses and others.
When the total collections of $10,262,000 by the other agencies are added to Commissioner Williams' estimate it brings the total anticipated revenue avail able for appropriation for the next fiscal year to $271,368,000.
This estimate of revenue is very little more than the present operating budget.
I have talked to the Revenue Commissioner about his estimate and he tells me that if we have a year of adversity, actual receipts may fall a few million short of his estimate, and that if we have an extraordinary good year, with an increase in business tempo all over the State, actual receipts may go two or three million higher than the estimate.
The Revenue Commissioner says that he cannot predict and that no one else can predict with any degree of accuracy what the changes enacted in the State Income Tax Law will produce in new revenue.
Mr. Williams cautions us to consider the fact that exemptions were increased and the corporate rate was decreased, offsetting to an appreciable degree the gain which we would expect to receive by eliminating the federal deduction.
Care should be exercised in expecting too much additional revenue from this source because of these offsetting factors.
As Governor and Director of the Budget, I am thus confronted with the decision of recommending to you increases that we can make prudently and can pay in the next fiscal year.
After taking up the needs of each department item by item and carefully considering total needs as against total resources, I have arrived at a figure of
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$11,704,000 additional money that I believe we can appropriate safely for next years' operations.
Now, I want to make it clear that there is no assurance that we will have sufficient income to finance all of this increase, but I am prepared to utilize a portion of the surplus in meeting obligations which you might create to the extent of a total of $282,959,000.
While the $282,959,000 figure is about $11,000,000 above estimated income, it is the purpose of this administration to institute all practical economy meas ures recommended by the Economy Committee in order to achieve other savings.
I have utmost confidence in the ability of the Commissioner of Revenue to collect any and all monies due this state under present revenue measures.
I also believe that the material wealth of Georgia will increase to some extent during the coming year.
With the above factors in mind, I recommend to you for your consideration a total budget of $282,959,000 for the fiscal year July 1, 1956, to June 30, 1957. This budget recommendation, the largest in the history of Georgia, is $11,704,000 more than is being expended at this time.
I ask that you do not increase this amount in the first section of the pro posed appropriation act.
If monies are collected in excess of that anticipated, they will be paid in compliance with the provisions of the contingent section.
We come to a consideration of the most pressing needs of the departments and the allocation of a fair share of this additional revenue toward continuing essential services unabated and undiminished.
Our first and continuing consideration is to take care of the 30,000 addi tional children that are expected to enroll in our common schools next September making a total enrollment over the State of nearly 900,000 pupils.
A similar enrollment problem also confronts us in our University System.
Every time you hire an additional teacher it is necessary also to increase funds for both maintenance and operation and contributions to the Teacher Retirement System.
A constitutional provision requires that we appropriate to highways an amount equal to motor fuel and motor vehicle license revenues for the preceding fiscal year.
We have fixed items that must be included, namely, the cost of acquiring the new State Office buildings and the Talmadge Memorial Hospital, both of these totaling over $1% million dollars. Other funds must be provided for
operation of these facilities.
MONDAY, JANUARY 23, 1956
189
More money must be provided to take care of the welfare assistance pro gram and its administration.
The School for Mental Defectives at Gracewood is expanding and requires additional funds. A new Veterans facility at Milledgeville State Hospital, au thorized by this General Assembly, is about ready for occupancy. Veterans going to the new building will leave 400 beds at the Hospital available for other patients, thus creating need for more money there.
We must not forget the $300,000 item recommended for the specific pur pose of providing funds for the testing of farmers' livestock and paying in demnities for diseased livestock slaughtered.
I am sure that the members of the General Assembly agree with my re quest for expansion of the Public Safety Department budget to provide for addi tional troopers to reduce the appalling death rate of our highways.
Then we face the unpleasant fact that the number of inmates in our State Prison System has increased from 2300 to 3500 since the passage of the last Appropriations Act.
Those, in brief, are our major problems which must be solved as far as resources will permit in adopting a new Appropriations Bill.
We are confronted with the necessity of operating on what money we have.
We must make an equitable distribution of all increases where they will get the most results for the taxpayer.
Summarizing the annual Appropriations' Bill being submitted to you by main functions and citing the increases above the present regular operating budget, I give you the following information:
Proposed Budget
For Fiscal Year
Beginning 7-1-56
Agency
Common Schools .......__._._._______-_-____..-$122,100,000.00
University System ____._....___.._...__.,,_____________.. 16,100,000.00
Teacher Retirement System ____,,.,,_._____,, 6,750,000.00
Highways _......_..__....___.--__.......,,_,,.....,,.. 67,112,000.00
Public Health -__.____-___._____--_..,,,,-,,,,_--- 10,360,000.00
New Hospital--Augusta -.....-........,,.__-_- 3,840,000.00
Public Welfare ...
^ . -.--_.__ 20,062,000.00
State Institutions ......-.......-.___,,_---........ 12,000,000.00
All Other Agencies -._.-.-...__.-._..._....._... 24,635,000.00
$282,959,000.00
Increase Above Present Regular Operating Budget
$ 5,001,000.00 1,069,000.00 1,170,000.00 2,126,000.00 --897,000.00 716,000.00 1,850,000.00 755,000.00 --86,000.00
$11,704,000.00
My recommendations to you for the common schools and the University Sys tem of Georgia are made after careful study. I realize that much needs to be done if we are to provide our children with the educational opportunities to
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which they are entitled, and our young men and women with the tools which will enable them to assume positions of leadership and responsibility in this State.
For operation of the common schools I recommend an appropriation of $122,100,000, and for the state's part of teacher retirement $6,750,000.
For operation of the University System of Georgia I recommend an appro priation of $16,100,000. I also recommend that an additional $3,000,000 be set up under the Board of Regents for the operation of the Eugene Talmadge Mem orial Hospital, and $840,000 be provided to retire the bonds on the construction of the hospital. This medical institution is used to train doctors and nurses and will prove a valuable asset to supplementing the teaching at the Georgia Medical College.
It is difficult to believe that the total appropriation for educational pur poses has reached the astounding figure of $148,940,000 which represents ap proximately 53 per cent of the entire state budget.
Let me point out that through persistent trimming we have been able to effectuate substantial economies in some agencies and these savings were shifted to make possible a new Appropriation of $300,000 to the State Department of Agriculture for livestock disease control; another extra amount of $452,000 for expansion of the Public Safety Department and $344,000 additional for the State Prison System.
I have not proposed an appropriation for the annual cost of the new probation law that you have now under consideration. However, if this new legislation is approved by you, I request that you amend the Appropriations' Bill by adding to the Appropriation for the Pardons & Paroles Board the sum of $250,000 which it estimates will be required to operate this system annually.
Let me emphasize that the increases granted to the various departments in the proposed Appropriations' Bill are commensurate with the basic percentages of state income now being received by them.
We must remember that 88 percent of the funds appropriated in this Bill go to the four main functions of government, namely, education, highways, health and welfare.
The remaining 12 percent of the total is for all other departments and agencies which include the legislature, the courts, public safety, revenue, prisons, agriculture and others. It is impossible to effectuate such reductions in the operation of these agencies to accumulate enough money to make available addi tional funds in expanding the big four departments.
In fact, you could abolish them all and you would still lack over $8,000,000 of having enough money to finance expenditures of the welfare department for one year alone.
There is included in the Appropriations' Bill a contingent section which contains the various additional needs that the agencies have requested. These
MONDAY, JANUARY 23, 1956
191
cannot, at the present time, be provided definitely in the first section. To do so would disrupt the financial operations of the State.
I believe that you will agree with me that the $11,704,000 increase in the first section of the Budget Bill is absolutely the limit of prospective income under the most favorable economic conditions.
Included in the proposed Appropriations' Bill under the sections for the State Board of Regents of the University System of Georgia and the State Board of Education are vitally important safeguards. These are prohibitions against spending appropriated funds for education except in such a manner as will guarantee the people of this State that separate schools will be maintained for the white and colored races.
This I am sure you will adopt.
The job is in your hands.
I am confident that our labors together will produce concrete results bene ficial to the people of our State.
History will measure them as a substantial contribution to Georgia's strides forward.
Thank you and Godspeed in your deliberations.
Senator Hollis of the 24th moved that the joint session be now dissolved, and the motion prevailed.
The Senate reconvened in the Senate Chamber and resumed the regular order of business.
Mr. Brooks of the 50th District, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs 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:
SR 20. SB 12.
SB 13. SB 16.
SB 17. SB 21.
SB 25.
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SB 28. SB 29.
Respectfully submitted, Brooks of the 50th District, Chairman.
The following local uncontested bills were read the third time and put upon their passage:
HB 24. By Messrs. Gates and Mobley of Burke:
A bill to amend an act establishing the City Court of Waynesboro; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 33. By Mr. Clary of McDuffie:
A bill to provide for the terms of the superior court of McDuffie 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 38. By Mr. Huddleston of Fayette:
A bill to consolidate the offices of tax receiver and tax collector of Fayette County into the office of tax commissioner of Fayette 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 40. By Mr. Stevens of Marion:
A bill to provide for the terms of court of the Superior Court of Marion County; and for other purposes.
MONDAY, JANUARY 23, 1956
193
The report 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 41. By Mr. Green of Rabun:
A bill to amend an act consolidating the offices of tax receiver and tax collector of Rabun County into the office of tax commissioner of Rabun County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 42. By Mr. Green of Rabun:
A bill to authorize the governing authority of the city of Clayton to lease certain property owned by the city of Clayton, known as the "Gold Course Property" for public recreational purposes for a period of not in excess of 99 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 44. By Mr. Barker of Heard:
A bill to amend an act creating a board of commissioners of roads and revenues for Heard County, so as to remove the provisions relative to districts, 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 50. By Mr. Murphey of Crawford:
A bill to amend an act relating to the amount of county-wide school tax which shall be received by the tax receiver in certain counties so as to increase the amount of county-wide school tax to be received by the tax receiver from one and one-fourth percent to two and one-half
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percent; and for other purposes.
The report 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 62. By Mr. Veal of Putnam:
A bill to amend the charter of 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 63. By Mr. Hurst of Quitman:
A bill to amend an act incorporating the Town of Georgetown; and for other purposes.
The report 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 64. By Mr. Murphey of Crawford:
A bill to amend an act creating a new charter for the City of Roberta; and for other purposes.
The report 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 were read the third time and put upon their passage:
SB 15. By Senators Dean of the 40th, Matthews of the 47th and Chance of the 51st:
A bill to regulate the sale of coal, coke and charcoal; to provide a penalty for violation; and for other purposes.
MONDAY, JANUARY 23, 1956
195
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 27. By Senators Dean of the 40th, Matthews of the 47th and Chance of the 51st:
A bill to provide that all meat, meat products, fish and poultry offered or exposed for sale, or sold, shall be by net weight only; and for other purposes.
Senators Dean of the 40th and Hollis of the 24th offered the following amendment:
Amend SB 27 by adding at the end of Section 1 the following:
"or when sold as pets or for other purposes than for human or animal consumption."
On the adoption of the amendment, the ayes were 38, nays 0, and the amendment was adopted.
Senator Ursrey of the 54th offered the following amendment:
Amend SB 27 by substituting in lieu thereof the following:
"A bill to be entitled an act to provide that all meat, meat products, fish and poultry offered or exposed for sale or sold, commercially, shall be by net weight only; to provide for excep tions; to provide a penalty for violation; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
"Section 1. All meat, meat products, fish and poultry offered or exposed for sale or sold, commercially, shall be by net weight only except when sold for immediate consumption on the premises or where sold as a cooked food but not in a package or when sold for breeding purposes.
. "Section 2. Any person who shall violate any provision of this act shall be guilty of a misdemeanor and upon conviction thereof punished as provided by law.
"Section 3. All laws and parts of laws in conflict with this act are hereby repealed."
On the adoption of the amendment, the ayes were 34, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
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On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 30. By Senator Lambert of the 28th:
A bill to provide for the prohibition of the owning, controlling or hold ing by certain companies of more than 15% of voting stock of banks as defined therein and of bank holding companies as defined therein; to define company as included in said prohibition; to provide for restric tions of certain foreign companies in voting stock of said banks or hold ing companies; and for other purposes.
The Committee on Industry and Labor offered the following amendment:
Amend SB 30 by inserting the words "more than 15% of" in Sec tion 7 so that Section 7 shall read as follows:
Section 7. It shall be unlawful for any foreign company own ing, controlling or holding, with power to vote the same, 15% or more of the voting stock of each of two or more banks, to vote more than 15% of the stock of more than one such bank in any one year, except that it shall not be unlawful for a company to vote that voting stock which it owns, controls or holds on the effec tive date of this act.
On the adoption of the amendment, the ayes were 38, 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.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 33. By Senator Hollis of the 24th:
A bill to provide for the continuance of eases pending in the courts of this state in which the attorney general is of counsel when the attorney general and his staff are occupied in aid of the business of the General Assembly; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
MONDAY, JANUARY 23, 1956
197
SB 42. By Senator Overby of the 33rd: A bill to define "registered mail" as including "certified mail"; and for other purposes.
The report 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 43. By Senator Overby of the 33rd: A bill to approve an executive order of the Governor of July 8, 1955, suspending in part the tax levied against licensees under the act known as the "Georgia Industrial Loan Act"; to limit the tax levied under said act as provided by said order; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 5.
The bill, having received the requisite constitutional majority, was passed.
HR 9. By Messrs. Moate of Hancock, Harrison of Wayne and Scoggin of Floyd:
A resolution requesting Congress to regulate the reduction in cotton acreage allotments and to return agricultural technicians provided under the "Point Four" program; and for other purposes.
The Committee on Rules offered the following substitute:
"A Resolution requesting Congress to regulate the reduction in Cotton Acreage allotments; and for other purposes.
"WHEREAS, we in the Southeastern Cotton Belt are concerned over a further loss in cotton acreage this year. Of the total reduction of 721,904 acres, the states of Alabama, Florida, Georgia, North and South Carolina and Virginia have lost 204,228 acres or in excess of 28 percent of the total reduction.
"NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Congress of the United States provide that the Cotton Acreage allotment be set as of the year 1955 by States and that any further reduction in cotton acreage allotment be made by applying the same percentage acreage reduction to all cotton producing states.
"BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the Speaker of the United States House of Representa tives and to the President of the United States Senate."
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JOURNAL OF THE SENATE,
On the adoption of the substitute, the ayes were 36, 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.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
SB 38. By Senator McDonald of the 43rd:
A bill to amend the code of Georgia, relating to larceny or theft, by adding a new code section to provide that wilful concealment of unpurchased goods or merchandise shall be a misdemeanor, and that discovery of such wilful concealment shall be prima facie evidence of violation of this act; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Overby of the 33rd moved that the Senate do now adjourn until 10:30 o'clock tomorrow morning and the motion prevailed.
The president announced the Senate adjourned until 10:30 o'clock tomorrow morning.
TUESDAY, JANUARY 24, 1956
199
Senate Chamber, Atlanta, Georgia, Tuesday, January 24, 1956.
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.
By unanimous consent the call of the roll was dispensed with.
Senator Steis of the 25th reported that the journal of yesterday's proceed ings had been examined and found correct.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
Senator Overby of the 33rd 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. Third reading and passage of local uncontested bills and resolutions.
6. Third reading and consideration of general 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 10. By Mr. Roughton of Washington:
A bill to amend an act relating to barbers and beauticians, etc.; and for other purposes.
HB 70. By Messrs. Sognier, Cheatham and Eyler of Chatham:
A bill to amend the Juvenile Court Act by providing for juvenile courts and judges thereof in counties with a certain population; and for other purposes.
HB 72. By Messrs. Sognier, Cheatham and Eyler of Chatham: A bill to amend section 27-2703 of the 1933 code of Georgia relating
200
JOURNAL OF THE SENATE,
to the appointment of probation officers, volunteers and assistants; and for other purposes.
HB 82. By Mr. Sanders of Richmond:
A bill to amend an act relating to the recording of conditional bills of sale; and for other purposes.
HB 83. By Messrs. Sanders and Chambers of Richmond and Fowler of Tift:
A bill to amend an act so as to provide for the trial of civil cases any time after appearance day by consent, etc.; and for other purposes.
HB 87. By Messrs. Sanders and Chambers of Richmond and Freeman of Monroe:
A bill to amend an act known as the "Juvenile Court Act"; and for other purposes.
HB 95. By Mr. Martin of Banks:
A bill to provide for the compensation for the sheriff of Banks County; and for other purposes.
HB 96. By Mr. Matheson of Hart:
A bill to amend an act entitled An act to create the office of Com missioner of Roads and Bridges and a Board of Finance in and for Hart County; and for other purposes.
HB 107. By Messrs. Young, Pickard and Nilan of Muscogee:
A bill to provide for the hours of holding elections in certain counties, and for other purposes.
HB 126. By Mr. Black of Webster:
A bill to provide for the terms of court of the Webster County Supe rior Court; and for other purposes.
HB 143. By Messrs. Holley, Chambers and Sanders of Richmond:
A bill to amend an act entitled An act to change from the fee to the salary system in certain counties, the Sheriff, the ordinary; and for other purposes.
HB 158. By Messrs. Duke and Massee of Baldwin:
A bill to authorize the governing authority of Baldwin County to pro vide for zoning and planning; and for other purposes.
HB 159. By Mr. Moate of Hancock:
A bill to consolidate the offices of tax receiver and tax collector of Hancock County into the office of Tax Commissioner; and for other purposes.
TUESDAY, JANUARY 24, 1956
201
HR 3. By Messrs. Groover of Bibb and Bloodworth:
A resolution authorizing compensation to Horace Evans, Sr. by the Department of Public Safety; and for other purposes.
HR 9. By Messrs. Duke and Massee of Baldwin:
A resolution to compensate the clerk and sheriff of the Superior Court of Baldwin County for costs due in habeas corpus proceedings; and for other purposes.
HR 11. By Mr. Duke of Baldwin: A resolution to compensate Felton Smallwood by the Welfare Depart ment; and for other purposes.
HR 54. By Messrs. Bolton and Lindsey of Spalding: A resolution compensating A. C. Bennett and Mamie Bennett; and for other purposes.
The House has adopted the following resolution of the Senate, to-wit:
SR 20. By Senators Hollis of the 24th, Neel of the 7th and Overby of the 33rd: A resolution to congratulate the Commonwealth of Virginia for its leadership in the struggle to preserve the time-honored American con cept of State and local control over education; and for other purposes.
The following bills were introduced, read the first time and referred to committees:
SB 62. By Senator Millican of the 52nd: A bill to amend the "Voters' Registration Act" so as to allow the regis trars to accept applications from persons desiring to vote in both pri mary and general elections up to sixty (60) days before the date of such elections; and for other purposes.
Referred to the Committee on Rules.
SB 63. By Senator Millican of the 52nd:
A bill to amend Chapter 40-4 of the 1933 Code of Georgia providing for the establishment of a budget bureau so as to provide for the estab lishment of an advisory budget committee of members of the General Assembly; and for other purposes.
Referred to the Committee on Finance.
SB 64. By Senator Millican of the 52nd:
A bill to amend the "Old Age Assistance Act" so as to make it manda tory that the Director of the State Department of Public Welfare re quire the local Board of Public Welfare of the county in which a de ceased recipient of assistance resided to execute and acknowledge a
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JOURNAL OF THE SENATE,
notice of claim against the estate of such recipient; and for other purposes.
Referred to the Committee on Health and Welfare.
SB 65. By Senator Millican of the 52nd:
A bill to amend the "Voters' Registration Act" so as to provide for places of registration of voters in certain counties; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 66. By Senator Millican of the 52nd:
A bill to amend the Georgia Industrial Loan Act so as to change the maximum rate of interest or charges that may be made; and for other purposes.
Referred to the Committee on Judiciary.
SB 67. By Senator Millican of the 52nd:
A bill to repeal chapter 40-4 of the 1933 code of Georgia relating to the operations of the budget bureau creating a finance commission; and for other purposes.
Referred to the Committee on Finance.
SB 68. By Senator Millican of the 52nd:
A bill to amend section 34-1904 of the 1933 code of Georgia providing for ballots in elections other than primary elections, by adding a pro viso applicable to municipal elections in cities having a population of more than 300,000 according to the last or any future federal decennial census, so as to regulate the time and manner of qualification of candi dates; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 69. By Senators Millican of the 52nd, Hollis of the 24th and Lovett of the 16th:
A bill to amend section 88-102 of the 1933 code of Georgia so as to reduce the number of appointed members of the State Board of Health to nine; and for other purposes.
Referred to the Committee on Health and Welfare.
SB 70. By Senators Millican of the 52nd, Hollis of the 24th and Lovett of the 16th:
A bill to amend the Minimum Foundation Program for Education Act so as to provide that State-contributed foundation program funds al lotted to a local unit shall be limited to 85% of the total calculated cost of a local unit for the school year beginning September 1956; and for other purposes.
Referred to the Committee on Educational Matters.
TUESDAY, JANUARY 24, 1956
203
SB 71. By Senators Millican of the 52nd, Hollis of the 24th and Lovett of the 16th:
A bill to require all fees paid to departments or agencies of the State of Georgia, except those paid to the common schools or to the institu tions of the University System, to be paid into the State Treasury; and for other purposes.
Referred to the Committee on Finance.
SB 72. By Senator Ponsell of the 5th:
A bill to provide for the installation of windshields and tops on track cars operated by common carriers; and for other purposes.
Referred to the Committee on Public Utilities and Transportation.
SB 73. By Senators Ponsell of the 5th and Dean of the 40th:
A bill to amend section 93-307 of the 1933 code of Georgia so as to provide that the Public Service Commission shall have jurisdiction and authority to prescribe, promulgate and enforce reasonable rules and regulations relating to the safety, health and welfare of railroad em ployees ;, and for other purppses.
Referred to the Committee on Industry and Labor.
SB 74. By Senators Turner of the 34th and Harper of the 26th:
A bill to amend the act authorizing every insurance company organized and doiiig business by virtue of the laws of this state to acquire and hold real property for the purpose of renting and leasing same, the investments in such property not to exceed five per cent (5%) of its total assets, so as to change the terms and conditions relative to in vestments in real estate; and for other purposes.
Referred to the Committee on Industry and Labor.
SB 75. By Senators Harden of the 27th, Shurling of the 21st, Dykes of the 14th, Coffin of the llth, Dean of the 40th, Ursrey of the 54th, Jones of the 23rd, Ponsell of the 5th, Steis of the 25th, Wood of the 49th, Wilkins of the 44th, Jones of the 38th, Waters of the 41st, Reynolds of the 8th, Paulk of the 45th, Housley of the 32nd, Lambert of the
. 28th, Overby of the 33rd, Clary of the 29th, McDonald of the 43rd, Kelly of the 35th, Chance of the 51st, Jones of the 18th, Dews of the 9th, Davis of the 42nd, Toms of the 12th, Seagraves of the 30th, Roop of the 37th, Morrison of the 15th, Mann of the 48th, McBride of the 10th, Florence of the 39th, Blalock of the 36th, Zellner of the 22nd, Garrett of the 53rd, Ricketson of the 19th, Parker of the 20th, Matthews of the 47th and Richardson of the 13th:
A bill to fix the domicile of corporations engaged in publishing news papers, magazines and other periodicals; to fix the venue of actions in tort against such corporations; and for other purposes.
Referred to the Committee on Judiciary.
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JOURNAL OP THE SENATE,
SB 76. By Senator Coffin of the llth:
A bill to amend the charter of the City of Dawson, Georgia so as to authorize the city council of Dawson to fix the salaries of its officers and employees and to levy ad valorem taxes for ordinary operating expenses; and for other purposes.
Referred to the Committee on County and Municipal Governments.
The following resolutions were introduced, read the first time and referred to committees:
SR 21. By Senator Millican of the 52nd:
A resolution proposing to the qualified voters of the State of Georgia an amendment to Article VII, Section VII, Paragraph I of the Consti tution of the State of Georgia of 1945, so as to authorize the issuance of revenue anticipation certificates.
Referred to the Committee on Judiciary.
SR 22. By Senator Millican of the 52nd:
A resolution proposing an amendment to the Constitution so as to authorize the extension of terms of the grand jury of Fulton County; and for other purposes.
Referred to the Committee on Judiciary.
SR 23. By Senator Page of the 1st:
A resolution granting to the United States of America a spoilage ease ment to Barnwell Island, to facilitate development of Savannah Harbor.
Referred to the Committee on Judiciary.
SR 25. By Senator Overby of the 33rd:
A resolution amending the Rules of the Senate of the State of Georgia so as to provide eleven (11) members on the Committee of Agriculture and Natural Resources.
Referred to the Committee on Rules.
HB 10. By Mr. Roughton of Washington: A bill to amend an act relating to barbers and beauticians; and for other purposes.
Referred to Committee on Health and Welfare.
HB 70. By Messrs. Sognier, Cheatham and Eyler of Chatham:
A bill to amend the Juvenile Court Act by providing for juvenile courts and judges thereof in counties with a certain population; and for other purposes.
Referred to Committee on Judiciary.
TUESDAY, JANUARY 24, 1956
205
HB 72. By Messrs. Sognier, Cheatham and Eyler of Chatham: A bill to amend section 27-2703 of the 1933 code of Georgia relating to the appointment of probation officers, volunteers and assistants; and for other purposes.
Referred to Committee on Judiciary.
HB 82. By Mr. Sanders of Richmond: A bill to amend an act relating to the recording of conditional bills of sale; and for other purposes.
Referred to Committee on Judiciary.
HB 83. By Messrs. Sanders and Chambers of Richmond and Fowler of Tift: A bill to amend an act so as to provide for the trial of civil cases any time after appearance day by consent, etc.; and for other purposes.
Referred to Committee on Judiciary.
HB 87. By Messrs. Sanders and Chambers of Richmond and Freeman of Monroe:
A bill to amend an act known as the "Juvenile Court Act"; and for other purposes.
Referred to Committee on Judiciary.
HB 95. By Mr. Martin of Banks:
A bill to provide for the compensation for the sheriff of Banks County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 96. By Mr. Matheson of Hart:
A bill to amend an act entitled "An act to create the office of Commis sioner of Roads and Bridges and a Board of Finance in and for Hart County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 107. By Messrs. Young, Pickard and Milan of Muscogee:
A bill to provide for the hours of holding elections in certain counties; and for other purposes.
Referred to Committee on Judiciary.
HB 126. By Mr. Black of Webster:
A bill to provide for the terms of court of the Webster County Suprior Court; and for other purposes.
Referred to Committee on Judiciary.
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JOURNAL OF THE SENATE,
HB 143. By Messrs. Holley, Chambers and Sanders of Richmond: A bill to amend an act entitled "An act to change from the fee to the salary system in certain counties, the sheriff, the ordinary; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 158. By Messrs. Duke and Massee of Baldwin: A bill to authorize the governing authority of Baldwin County to pro vide for zoning and planning; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 159. By Mr. Moate of Hancock: A bill to consolidate the offices of tax receiver and tax collector of Hancock County into the office of tax commissioner; and for other purposes.
Referred to Committee on County and Municipal Governments.
HR 3. By Messrs. Groover of Bibb and Bloodworth: A resolution authorizing compensation to Horace Evans, Sr., by the Department of Public Safety; and for other purposes.
Referred to Committee on Appropriations.
HR 9. By Messrs. Duke and Massee of Baldwin: A resolution to compensate the clerk and sheriff of the Superior Court of Baldwin County for costs due in habeas corpus proceedings; and for other purposes.
Referred to Committee on Appropriations.
HR 11. By Mr. Duke of Baldwin: A resolution to compensate Felton Smallwood by the Welfare Depart ment; and for other purposes.
Referred to Committee on Appropriations.
HR 54. By Messrs. Bolton and Lindsey of Spalding:
A resolution compensating A. C. Bennett and Mamie Bennett; and for other purposes.
Referred to Committee on Appropriations.
The following resolution was read and adopted:
SR 26. By Senator Overby of the 33rd:
A resolution providing that the Senate express its deepest sympathy to the members of the family of Colonel Blake R. Van Leer, who passed
TUESDAY, JANUARY 24, 1956
207
away on January 23, 1956, and providing that a committee of three
senators be appointed by the president of the Senate to attend the funeral services; and for other purposes.
The president appointed on the part of the Senate: Senators Morrison of the 15th, Davis of the 42nd and Lovett of the 16th.
s
Mr. Dean of the 40th District, Chairman of the Committee on Agriculture and Natural Resources, submitted the following report:
Mr. President:
Your Committee on Agriculture and Natural Resources has had under con sideration the following bill 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 26. Do Pass, as amended.
SB 50. Do Pass.
HB 91. Do Pass.
HB 104. Do Pass.
HR 36. Do Pass.
Respectfully submitted,
Dean of 40th District,
1
Chairman.
Mr. President, Chairman of the Committee on Rules, submitted the following report: Mr. President:
Your Committee on Rules 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:
HB 15. Do Pass.
SR 25. Do Pass.
HB 111. Do Pass.
Respectfully submitted,
S. Ernest Vandiver,
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
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JOURNAL OP THE SENATE,
of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
SB 36. Do Pass. Respectfully submitted, Garrett of 53rd District, Chairman.
Mr. Turner of the 34th District, Chairman of the Committee on County and Municipal Governments, submitted the following report:
Mr. President:
Your Committee on County and Municipal Governments has had under con sideration the following bills of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 75. Do Pass.
HB 76. Do Pass.
HB 98. Do Pass, as amended.
HB 109. Do Pass. Respectfully submitted,
Turner of 34th District,
Chairman.
Mr. Brooks of the 50th District, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs 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 15. SB 27. SB 30. SB 33. SB 38. SB 42. SB 43.
Respectfully submitted, Brooks of the 50th District, Chairman.
TUESDAY, JANUARY 24, 1956
209
Senator Overby of the 33rd asked unanimous consent that the following bill of the House be withdrawn from the Committee on Industry and Labor, read the second time and recommitted:
HB 16. By Mr. Underwood of Bartow and others:
A bill to amend an act which act makes provisions for coverage of certain officers and employees of political subdivisions of the state under the old-age and survivors insurance provisions of Title II of the Federal Social Security Act; and for other purposes.
The consent was granted.
Senator Blalock of the 36th asked unanimous consent that the following bill be withdrawn from the Committee on Judiciary, read the second time and recommitted:
HB 35. By Mr. Tarpley of Union and others: A bill to create a statewide probation system; and for other purposes.
The consent was granted.
Senator Blalock of the 36th asked unanimous consent that the following bill be withdrawn from the Committee on Penal and Correctional Institutions, read the second time and recommitted:
SB 35. By Senators Blalock of the 36th, McBride of the 10th, Morrisori of the 15th and others:
A bill to comprehensively and exhaustively revise, supersede and con solidate the laws relating to the State Board of Corrections and to prisons, public work camps and prisoners; and for other purposes.
The consent was granted.
The following bills and resolutions, favorably reported by the committees, were read the second time:
SB 26. By Senators Dean of the 40th, Matthews of the 47th, and Chance of the 51st:
A bill to authorize the Commissioner of Agriculture to establish farmers' markets in this state, to make rules and regulations to prop erly deduct such markets, to enter into contracts for leasing of space; to prescribe a procedure connected therewith; and for other purposes.
SB 36. By Senator Parker of the 20th:
A bill to amend an act establishing the State Employees' Retirement System (Ga. Laws 1949, p. 138), so as to change the number of years of creditable service relative to eligibility for retirement from 35 to 30; and for other purposes.
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JOURNAL OP THE SENATE,
SB 50. By Senator Zellner of the 22nd:
A bill to create a livestock disease control board; to provide for the members, duties and compensation of the members thereof; and for other purposes.
HB 15. By Mr. Underwood of Bartow and others:
A bill to amend an act entitled "an act to establish an Employees' Retirement System; so as to limit the amount of certain creditable service; and for other purposes.
HB 26. By Mr. Twitty of Mitchell and others:
A bill to amend an act entitled "An act to create a new charter for the City of Camilla, to close certain streets, etc.; and for other pur poses.
HB 75. By Mr. McKenna of Bibb and others:
A bill to amend an act entitled "An act to re-enact the charter of the City of Macon; and for other purposes.
HB 76. By Mr. McKenna of Bibb and others:
A bill to amend an act entitled "an act to re-enact the charter of the City of Macon; and for other purposes.
HB 91. By Mr. Fowler of Douglas:
A bill to amend an act regulating the marketing of eggs, so as to change the weight and size classification of eggs; and for other purposes.
HB 98. By Mr. Blackburn of Habersham:
A bill to repeal an act creating a new charter for the City of Clarkesville; and for other purposes.
HB 104. By Mr. Potts of Coweta and others:
A bill declaring the intent of the General Assembly to establish as a policy of the state a method for protection of the public against false claims in the guarantee of high quality of seeds and plants for various agricultural pursuits; and for other purposes.
HB 109. By Mr. Ayers of Madison:
A bill to amend an act creating a new city charter for the City of Colbert; and for other purposes.
HB 111. By Mr. Moate of Hancock and others:
A bill to prohibit members of boards, bureaus, commissions, committees and other state agencies and authorities, under certain conditions, from selling good's or services to the state and such agencies and authorities on which they serve; and for other purposes.
TUESDAY, JANUARY 24, 1956
211
HR 36. By Mr. Deen of Bacon:
A resolution memorializing Congress to enact necessary legislation for disposal of surplus agricultural commodities; and for other purposes.
The hour of convening the joint session of the House and Senate as pro vided for in HR 85 having arrived, the president, accompanied by the seretary and the senators, proceeded to the hall of the House of Representa tives and the joint session, called for the purpose of hearing an address from Congressman James C. Davis and Congressman John J. Flynt, Jr. was called to order by the president of the Senate.
The resolution convening the joint session was read by the secretary.
Honorable John J. Flynt, Jr., congressman from the Fourth District of Georgia, addressed the General Assembly in joint session.
Honorable James C. Davis, congressman from the Fifth District of Georgia, addressed the General Assembly in joint session..
Senator Overby of the 33rd moved that the joint session be now dissolved and the motion prevailed.
The senators returned to the Senate chamber and resumed the regular order of business.
The following resolution was read by the secretary:
SR 25. By Senator Overby of the 33rd: A resolution amending the rules of the Senate of the State of Georgia so as to provide eleven members on the Committee of Agriculture and Natural Resources.
On the adoption of the resolution, the ayes were 40, nays 0.
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
Under the provisions of SR 25 the president appointed as two additional members of the Committee on Agriculture and Natural Resources Senators Mann of the 48th and Shurling of the 21st.
The following resolution was read and adopted:
SR 27. By Senator Dews of the 9th: A resolution expressing sympathy at the passing of Honorable Leonard Reynolds, brother of Senator Reynolds of the Eighth.
Senator Overby of the 33rd moved that the Senate do now adjourn until 10:30 o'clock tomorrow morning and the motion prevailed.
The president announced the Senate adjourned until 10:30 o'clock tomorrow morning.
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Senate Chamber, Atlanta, Georgia, Wednesday, January 25, 1956.
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.
By unanimous consent the call of the roll was dispensed with.
Senator Steis of the 25th reported that the journal of yesterday's proceed ings had been examined and found correct.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
Senator Overby of the 33rd 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. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and consideration of general 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 of the House to wit:
HB 27. By Mr. Twitty of Mitchell:
A bill creating a board to to be known as the State Board of Dis pensing Opticians; and for other purposes.
HB 180. By Mr. Dean of Rockdale:
A bill to amend an act to create the office of tax commissioner of Rockdale County; and for other purposes.
HB 198. By Mr. Fain of Franklin:
A bill to repeal an act creating the office of commissioner of roads and bridges and a board of finance for Franklin County; and for other purposes.
WEDNESDAY, JANUARY 25, 1956
213
HB 199. By Messrs. Barber and Short of Colquitt:
A bill to create water districts in Colquitt County, known respectively as the Sylvester Drive Water District; and for other purposes.
HB 201. By Mr. Ivey of Newton: A bill to abolish the office of county treasurer of Newton County; and for other purposes.
The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit:
SB 20. By Senator Parker of the 20th and many others:
A bill to amend an act revising and consolidating laws relative to game and fish, so as to permit the breeding of pen-raised quail for com mercial purposes; and for other purposes.
The House has adopted the following resolutions of the House, to-wit:
HR 62. By Mr. Sheffield of Brooks:
A resolution creating a committee for the purpose of discussing com mon problems with members of Legislatures from certain other states; and for other purposes.
HR 97. By Messrs. Bodenhamer and Fowler of Tift:
A resolution to acknowledge contributions and accomplishments of Armour and Company in Tift County, and for other purposes.
The following bills were introduced, read the first time and referred to committees:
SB 77. By Senator Overby of the 33rd:
A bill to amend an act relating to the regulation of the installation of warm air heating equipment so as to provide that counties having a population of not less than 40,113 and not more than 43,000 inhabitants according to the United States census of 1950 or any future United States census shall come within the terms and provisions of said act; and for other purposes.
Referred to the Committee on Judiciary.
SB 78. By Senators Overby of the 33rd, Ursrey of the 54th, Jones of the 38th and Matthews of the 47th:
A bill to amend the Unemployment Compensation Law by modifying and liberalizing the benefit tables so as to change the weekly benefit amount, qualifications and eligibility for benefits; and for other pur poses.
Referred to the Committee on Industry and Labor.
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JOURNAL OF THE SENATE,
SB 79. By Senators Ponsell of the 5th, Dean of the 40th, Raulerson of the 46th, Wetherington of the 6th, McBride of the 10th, Dykes of the 14th, Seagraves of the 30th, Parker of the 20th, Wilkins of the 44th, Jones of the 18th, Ursrey of the 54th, Harden of the 27th, McDonald of the 43rd, Housley of the 32nd, Toms of the 12th, Roop of the 37th and Zellner of the 22nd:
A bill to amend code section 47-102 of the 1933 code of Georgia relating to senatorial districts so as to rearrange and change the Senatorial Districts; and for other purposes.
Referred to the Committee on Judiciary.
SB 80. By Senator Overby of the 33rd:
A bill to amend Section 88-101 of the 1933 Code of Georgia relating to the compensation of the members of the State Board of Health so as to increase the compensation of the members of said board; and for other purposes.
Referred to the Committee on Health and Welfare.
SB 81. By Senators Hollis of the 24th, Page of the 1st and Overby of the 33rd:
A bill to declare void any judicial action by any court of this State in any matter in which the State of Georgia, or an official of the State of Georgia in his official capacity, is a party defendant, intervenor, respondent, appellee or plaintiff in fi. fa., unless it affirmatively ap pears as a matter of record that notice of the proceeding was given to the Attorney General; and for other purposes.
Referred to the Committee on Judiciary.
SB 82. By Senator Page of the 1st:
A bill to create a Civil Service System for Chatham County; to provide for the establishment of a Civil Service Board; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 27. By Mr. Twitty of Mitchell:
A bill creating a board to be known as the State Board of Dispensing Opticians; and for other purposes.
Referred to Committee on Judiciary.
HB 180. By Mr. Dean of Rockdale:
A bill to amend an act to create the office of tax commissioner of Rockdale County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 198. By Mr. Fain of Franklin: A bill to repeal an act creating the office of Commissioner of Roads
WEDNESDAY, JANUARY 25, 1956
215
and Bridges and a Board of Finance for Franklin County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 199. By Messrs. Barber and Short of Colquitt:
A bill to create water districts in Colquitt County, known respectively as the Sylvester Drive Water District; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 201. By Mr. Ivey of Newton:
A bill to abolish the office of county treasurer of Newton County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HR 62. By Mr. Sheffield of Brooks: A resolution creating a committee for the purpose of discussing common problems with members of Legislature from certain other states; and for other purposes.
Referred to Committee on Rules.
The following resolution of the House was read and adopted:
HR 97. By Messrs. Bodenhamer and Fowler of Tift: A resolution to acknowledge contributions and accomplishments of Armour and Company in Tift County; and for other purposes.
Mr. Clary of the 29th District, Chairman of the Committee on Industry and Labor, submitted the following report:
Mr. President:
Your Committee on Industry and Labor 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 11. Do Not Pass. SB 37. Do Pass. SB 56, Do Pass. HB 16. Do Pass.
Respectfully submitted, Clary of 29th District, Chairman.
Mr. Harrison of the 17th District, Chairman of the Committee on Health and Welfare, submitted the following report:
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JOURNAL OP THE SENATE,
Mr. President: Your Committee on Health and Welfare 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 47. Do Pass.
HB 47. Do Pass. HB 128. Do Pass.
Respectfully submitted, Harrison of 17th District, Chairman.
Mr. Dykes of the 14th District, Chairman of the Committee on Highways, submitted the following report:
Mr. President:
Your Committee on Highways has had under consideration the following bill and resolution of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SR 17. Do Pass.
SB 44. Do Pass. Respectfully submitted,
Dykes of 14th District,
Chairman.
Mr. Turner of the 34th District, Chairman of the Committee on County and Municipal Governments, submitted the following report:
Mr. President:
Your Committee on County and Municipal Governments has had under con sideration the following bill of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
SB 31. Do Pass, as amended.
Respectfully submitted,
Turner of 34th District,
Chairman.
The following bills and resolutions, favorably reported by the committees, were read the second time:
SB 37. By Senator Overby of the 33rd:
A bill to amend the "Building and Loan Act" (Ga. L. 1937-38), Extra Session, p. 307-322.), so as to provide protection of State chartered building and loan associations and Federal savings and loan associa-
WEDNESDAY, JANUARY 25, 1956
217
tions in the payment of the redemption value of a share or shares to an insane or otherwise incompetent shareholder; and for other pur poses.
SB 44. By Senators Wilkins of the 44th, Matthews of the 47th, Dean of the 40th and Jones of the 23rd:
A bill to amend the act prohibiting the throwing or depositing of trash or garbage upon public roads or property; so as to provide the uni form division of the State Department of Public Safety with the juris diction and power to enforce said act; and for other purposes.
SB 47. By Senator Overby of the 33rd:
A bill to amend Section 84-1317 of the Code of Georgia relating to who may sell or compound drugs, so as to provide that no drugs shall be sold or dispensed by vending machines; and for other purposes.
SB 56. By Senators Turner of the 34th and Harper of the 26th:
A bill to amend an act requiring every insurance company organized and doing business by virtue of the laws of this State to acquire and hold real property for the purpose of renting and leasing same, the investments in such property not to exceed five per cent (5%) of its total assets, and to be in addition to any and all other investments authorized by law, so as to change the terms and conditions relative to investments in real estate; and for other purposes.
SR 17. By Senator Chance of the 51st:
A resolution to officially designate the name for a bridge over Savage Creek on the highway between Tarversville, Twiggs County, Georgia, and Bonaire, Houston County, Georgia, as the "General Ezekiel Wimberly Bridge."
HB 16. By Mr. Underwood of Bartow and others:
A bill to amend an act which act makes provision for coverage of certain officers and employees of political subdivisions of the state under the Old-Age and Survivors Insurance provisions of Title II of the Federal Social Security Act; and for other purposes.
HB 47. By Mr. Peters of Meriwether and others:
A bill to amend an act known as the "Uniform Narcotic Drug Act", so as to provide for oral prescriptions for certain narcotic drugs, com pounds thereof and derivatives thereof, under certain conditions; and for other purposes.
HB 128. By Mr. Moate of Hancock and others:
A bill to authorize the operation of vending stands in state buildings by blind or otherwise seriously disabled persons; and for other pur poses.
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JOURNAL OF THE SENATE,
The following local uncontested bills were read the third time and put upon their passage:
HB 75. By Messrs. McKenna, Carlisle and Groover 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 35, nays 0. The bill having received the requisite constitutional majority, was passed.
HB 76. By Messrs. McKenna, Carlisle and Groover 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 98. By Mr. Blackburn of Habersham:
A bill to repeal an act creating a new charter for the City of Clarkesville; to provide a new charter for said city; and for other purposes.
The Committee on County and Municipal Governments offered the following amendment:
Amend HB 98 by inserting in section 33 thereof, after the words "private property", the words: "except property of an existing pub lic utility", so that the revised section would then read:
"The City of Clarkesville shall have the power of eminent domain, to condemn public or private property, except property of an existing public utility, for the use of said city in accordance with the general laws of this State."
On the adoption of the amendment, the ayes were 33, 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.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
WEDNESDAY, JANUARY 25, 1956
219
HB 109. By Mr. Ayers of Madison:
A bill to amend an act creating a new city charter for the City of Colbert; and for other purposes.
The report 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 general bills were read the third time and put upon their passage:
SB 26. By Senators Dean of the 40th, Matthews of the 47th and Chase of the 51st:
A bill to authorize the Commissioner of Agriculture to establish farm ers' markets in this state, to make rules and regulations to properly conduct such markets, to enter into contracts for leasing of space; to prescribe a procedure connected therewith; and for other purposes.
The report of the committee, which was favorable to the passage of the
bill, was agreed to,
.
On the passage of the bill, the ayes were 35, nays 1.
The bill, having received the requisite constitutional majority, was passed.
SB 36. By Senator Parker of the 20th:
A bill to amend an act establishing the State Employees' Retirement
System (Ga. Laws 1949, p. 138), so as to change the number of years
:
of creditable service relative to eligibility for retirement from 35 to
30; and for other purposes.
; The report 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 50. By Senator Zellner of the 22nd:
A bill to create a livestock disease control board; to provide for the members, duties and compensation of the members thereof; to repeal conflicting laws; and for other purposes.
Senate Page of the 1st offered the following amendment:
Amend SB 50 by adding at the end of Section 1 the following: "No member shall be paid more than $240.00 per annum."
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JOURNAL OP THE SENATE,
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 passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 35, nays 1.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 31. By Senators McDonald of the 43rd, Dews of the 9th, Matthews of the 47th, Jones of the 23rd and others:
A bill to provide for municipal home rule; and for other purposes.
Senator Millican of the 52nd offered the following amendment:
Amend SB 31 by adding to Section 6, line 5, after the word "adopted" the following words: "by a two-thirds vote of the governing authority".
On the adoption of the amendment, the ayes were 37, nays 0, and the amendment was adopted.
Senator Millican of the 52nd offered the following amendment:
Amend SB 31 by striking from Section 11 the words "April 1, 1956" and substituting in lieu thereof the words "July 1, 1956."
On the adoption of the amendment, the ayes were 38, nays 0, and the amendment was adopted.
Senator Millican of the 52nd offered the following amendment:
Amend SB 31 by adding to Section 6 after the second sentence the following:
"The signing of petitions for charter amendments initiated by the voters shall be begun and completed within a nine months period."
On the adoption of the amendment, the ayes were 37, nays 0, and the amendment was adopted.
Senator Millican of the 52nd offered the following amendment:
Amend SB 31 by adding a new paragraph at the end of Section 6 to read as follows:
"Notwithstanding any other provisions of this Act, there shall be no more than two special elections within any twelve-months period, for the purpose of submitting to the qualified voters an amendment or amendments to the charter of the municipality, where such amendment or amendments are initiated by the govern ing authority of the municipality."
WEDNESDAY, JANUARY 25, 1956
221
On the adoption of the amendment, the ayes were 38, nays 0, and the amend ment was adopted.
Senator Millican of the 52nd offered the following amendment:
Amend SB 31 by adding a new section to be designated Section 4 A to read as follows:
"4 A. Municipalities which have come under the provisions of this Act, may amend their charters with reference to pension and retirement systems and funds of such systems in the manner herein provided, but any such charter amendment shall not become effective until and unless the same has been approved by the Gen eral Assembly of Georgia by an Act introduced and approved in the same manner as amendments to charters of municipalities which have not come under the provisions of this Act."
On the adoption of the amendment, the ayes were 37, nays 0, and the amend ment was adopted.
Senator Millican of the 52nd offered the following amendment:
Amend SB 31 by adding a new sentence at the end of Section 5 to read as follows:
"The certified copy of the Resolution adopting the Municipal Home Rule Law signed by the Secretary of State, and all certified ; copies of charter amendments thereafter adopted and signed by the Secretary of State, shall be preserved in a book or books provided for that purpose by the governing authority of the municipality."
On the adoption of the amendment, the ayes were 34, nays 0. and the amendment was adopted.
Senator Millican of the 52nd offered the following amendment:
Amend SB 31 by striking from Section 6, the second sentence of the third paragraph, the following words:
"or in lieu thereof may publish accurate summary and descrip tion of such proposed amendment and a statement as to the place at which a complete copy of the proposed amendment is filed," and substituting a period for the comma after the word "amend ment" in said second sentence of said paragraph.
On the adoption of the amendment, the ayes were 33, nays 0, and the amendment was adopted.
Senator Davis of the 42nd offered the following amendment:
Amend SB 31, Section 6, by striking the words and figures "Sixty (60) nor more than ninety (90) days" from the second paragraph of said section and inserting in lieu thereof the following "6 months nor more than 8 months".
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JOURNAL OF THE SENATE,
On the adoption of the amendment, the ayes were 29, 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, the ayes were 28, nays.l.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 91. By Mr. Fowler of Douglas:
A bill to amend an act regulating the marketing of eggs, so as to change the weight and size classification of eggs; and for other pur poses.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 104. By Messrs. Potts of Coweta, Stephens and Matthews of Clarke:
A bill describing the intent of the General Assembly to establish as a policy of the state a method for protection of the public against false claims in the guarantee of high quality of seeds and plants for various agricultural pursuits; and for other purposes.
The report 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 36. By Mr. Deen of Bacon:
A resolution memorializing the Congress of the United States to enact the necessary legislation for the disposal of surplus agricultural com modities; 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.
WEDNESDAY, JANUARY 25, 1956
223
The following resolution of the Senate was read and adopted:
SR 29. By Senator Overby of the 33rd:
A resolution by the Senate expressing its thanks to Captain Marcus L. Whitford, United States Navy, for his very timely and interesting talk and pledging to him and the Department of Defense its cooperation in carrying out the purposes of our soldier voting laws; and for other purposes.
Senator Overby of the 33rd asked unanimous consent that the following bill of the House be withdrawn from the Committee on Health and Welfare, read
the second time and recommitted:
HB 121. By Mr. Moate of Hancock and others:
A bill to repeal an act creating the Georgia Board of Naturopathic Examiners; and for other purposes.
The consent was granted.
Senator Overby of the 33rd moved that the Senate do now adjourn until 10:30 o'clock tomorrow morning and the motion prevailed.
The president announced the Senate adjourned until 10:30 o'clock tomorrow morning.
224
JOURNAL OF THE SENATE,
Senate Chamber, Atlanta, Georgia, Thursday, January 26, 1956.
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 Rev. Donald E. Mavity, pastor First Baptist Church, Warrenton, Georgia.
By unanimous consent the call of the roll was dispensed with.
Senator Steis of the 25th reported that the journal of yesterday's proceed ings had been examined and found correct.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
Senator Overby of the 33rd 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. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and consideration of general 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 of the House and Senate to wit:
HB 97. By Messrs. M. Smith, H. Smith and Lokey of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta, relating to funds for improvements in the Department of Parks; and for other purposes.
HB 108. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta, providing that the mayor and board of aldermen shall have full power to sell or lease certain property; and for other purposes.
THURSDAY, JANUARY 26, 1956
225
HB 114. By Messrs. Blalock of Clayton and Rutland of DeKalb:
.-.,- A billito establish a tolerance or increase of 13% on certain sizes and weights and loads of motor vehicles; and for other purposes.
HB 120. By Messrs. Murr and Jones of Sumter:
A bill to amend an act relating to the retirement system of the City of Americus; and for other purposes.
HB 123. By Messrs. Pickard, Young and Nilan of Muscogee:
A bill vesting in the City of Columbus power and authority to sell and convey certain property; and for other purposes.
HB 125. By Mr. Brown of Telfair:
A bill to amend an act so as to change the compensation of the mayor council members of the City of McRae; and for other purposes.
HB 144. By Messrs. McKenna, Groover and Carlisle of Bibb:
A bill to amend an act establishing a new charter for the City of Macon and relating to the challenging of voters; and for other pur poses.
HB 150. By Messrs. McKenna, Carlisle and Groover of Bibb:
A bill to amend an act establishing a new charter for the City of Macon; and for other purposes.
HB 160. By Messrs. Birdsong and Lam of Troup:
A bill to amend an act creating a new charter for the City of West Point; and for other purposes.
HB 162. By Mr. Phillips of Walton:
A bill to amend an act creating a new charter for the City of Monroe; and for other purposes.
HB 165. By Messrs. Duncan and Perkins of Carroll:
A bill to amend the charter of the City of Villa Rica, by extending the city limits; and for other purposes.
HB 166. By Messrs. Duncan and Perkins of Carroll:
A bill to surrender the charter of the Town of Fullerville; and for other purposes.
HB 178. By Messrs. Houston and King of Whitfield:
A bill to amend an act authorizing the City of Dalton to levy a tax for the purpose of maintaining public schools; and for other purposes.
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JOURNAL OF THE SENATE,
HB 179. By Messrs. Houston and King of Whitfield:
A bill to amend an act relating to the charter of the 'City of Dalton; and for other purposes.
HB 185. By Messrs. Groover of Bibb, Lavender of Elbert and others:
A bill to amend the code so as to provide that the state treasurer may
pay out money on warrants countersigned by the deputy comptroller
general; and for other purposes.
HB 200. By Messrs. Nightingale and Killian of Glynn:
A bill to amend the charter of the City of Brunswick; and for other purposes.
HB 209. By Mr. Odom of Camden:
A bill to authorize the City of Kingsland to close permanently certain alleys; and for other purposes.
HB 214. By Mr. Turk of Wilcox:
A bill to amend an act incorporating the Town of Pineview; and for other purposes.
SB 21. By Senator Page of the 1st:
A bill to amend an act providing for the date for holding primary elections for mayor, aldermen, and recorder of the City of Savannah; and for other purposes.
SB 28. By Senator Page of the 1st:
A bill to amend an act so as to fix the term of office of the recorder of the police court of the City of Savannah; and for other purposes.
SB 29. By Senator Page of the 1st:
A bill to amend an act providing for registration of voters to vote at municipal elections in the city of Savannah; and for other purposes.
SB 1. By Senator Overby of the 33rd:
A bill to provide for closing of public schools in any county, city or independent school system; and for other purposes.
SB 2. By Senator Overby of the 33rd:
A bill to provide that it shall be a misdemeanor for any person to enter upon any state-owned or operated property where such property has been closed to the public on executive order of the Governor; and for other purposes.
SB 3. By Senator Overby of the 33rd: . A bill to provide for the leasing of school property of any county,
THURSDAY, JANUARY 26, 1956
227
. city or independent school system for private educational purposes; and for other purposes.
SB 4. By Senator Overby of the 33rd:
A bill to amend an act creating the State School Building Authority, so as to authorize the subleasing of any structure, building or facility of the authority for 'private educational purposes; and for other pur poses.
SB 6. By Senator Overby of the 33rd:
: A hill to amend the act creating the teacher retirement system as here tofore amended by providing for the admission of teachers in privately operated nonsectarian schools to said system; and for other purposes.
SB 8. By Senator Overby of the 33rd:
A bill to prohibit operation of any private school without a certificate from State fire marshal; and for other purposes.
The House has adopted the following Resolution of the House, to-wit:
HE 107. By Messrs. Mobley of Burke, Tamplin of Morgan and Johnson of Jenkins:
.... , A resolution to memorialize U. S. Senators and Congressmen of the State of Georgia to aid the farmers of Georgia and commend them for their efforts for our farmers; and for other purposes.
The following bills and resolutions were introduced, read the first time arid referred to committees:
SB 83. By Senators Florence of the 39th, Steis of the 25th, Shurling of the 21st and Jones of the 38th:
A bill to provide for the control of the fox population in this state by the Game and Fish Commission; and for other purposes.
Referred to the Committee on Agriculture and Natural Resources.
SB 84. By Senators McBride of the 10th, Harden of the 27th, Jones of the 23rd, Dykes of the 14th, Housley of the 32nd, Mann of the 48th, Toms of the 12th and Hopkins of the 4th:
A bill to create and organize a new judicial circuit for the State of Georgia to be known as the Dougherty Judicial Circuit to be composed of the County of Dougherty; and"for other purposes.
Referred to the Committee on Judiciary.
SB 85. By Senator Matthews of the 47th: A bill to consolidate the offices of tax receiver and tax collector of
228
JOURNAL OF THE SENATE,
Colquitt County into the office of Tax Commissioner of Colquitt County; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 86. By Senator Millican of the 52nd:
A bill to apply only to counties having a population of not less than 300,000 by the last or any future decennial census of the United States to direct the Commissioner of Roads and Revenues to pay to the Board of Education all commissions which have been retained by the Tax Commissioner upon the collection of county school taxes and paid over to the Commissioners of Roads and Revenues; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 87. By Senator Millican of the 52nd:
A bill to amend the act creating a joint city-county board of tax assessors in all counties having within its borders all or the greater part of the population of 300,000 or more, according to the 1950 or any future United States Census so as to provide compensation for the members of said Board; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 88. By Senators Davis of the 42nd, Hollis of the 24th and Overby of the 33rd:
A bill to amend section 114-706 of the 1933 code of Georgia providing for hearings regarding disagreements in connection with workmen's compensation, by providing that, after notice of such hearings, either party may take the deposition of any person upon oral examination or written interrogatories for the purpose of discovery; and for other purposes.
Referred to the Committee on Industry and Labor.
SB 89. By Senators Waters of the 41st and McDonald of the 43rd:
A bill to amend section 85-1604 of the 1933 code of Georgia relating to employment of land processioners so as to change the residence re quirements and qualifications of such processioners; and for other purposes
Referred to the Committee on Judiciary.
SB 90. By Senator McDonald of the 43rd:
A bill to authorize the clerk of the superior court or the ordinary of any county of this State to install and use photostatic equipment in copying and furnishing copies of any and all instruments on file in their offices; and for other purposes.
Referred to the Committee on Judiciary.
THURSDAY, JANUARY 26, 1956
229
SR 28. By Senator Richardson of the 13th:
A resolution proposing to the qualified voters an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Macon County by the people; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 97. By Messrs. M. Smith, H. Smith and Lokey of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta, relating to funds for improvements in the Department of Parks; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 108. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta, providing that the mayor and board of aldermen shall have full power to sell or lease certain property; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 114. By Messrs. Blalock of Clayton and Rutland of DeKalb:
A bill to establish a tolerance or increase of 13% on certain sizes and weights and loads of motor vehicles; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
HB 120. By Messrs. Murr and Jones of Sumter:
A bill to amend an act relating to the retirement system of the City of Americus; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 123. By Messrs. Pickard, Young and Nilan of Muscogee: A bill vesting in the city of Columbus power and authority to sell and convey certain property; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 125. By Mr. Brown of Telfair: A bill to amend an act so as to change the compensation of the mayor and council members of the City of McRae; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 144. By Messrs. McKenna, Groover and Carlisle of Bibb: A bill to amend an act establishing a new charter for the City of Macon and relating to the challenging of voters; and for other pur poses.
Referred to Committee on County and Municipal Governments.
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JOURNAL OF THE SENATE,
HB 150. By Messrs. McKenna, Carlisle and Groover of Bibb:
A bill to amend an act establishing a new charter for the City of Macon; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 160. By Messrs., Birdsong and Lam of Troup:
A bill to amend an act creating a new charter for the City of West Point; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 162. By Mr. Phillips of Walton: A bill to amend an act creating a new charter for the City of Monroe;
and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 165. By Messrs. Duncan and Perkins of Carroll:
A bill to amend the charter of the city of Villa Rica, by extending the city limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 166. By .Messrs. Duncan and Perkins of Carroll:
A bill to surrender the charter of the town of Fullerville; and for
other purposes.
.
Referred to Committee on County and Municipal Governments.
HB 178. By Messrs. Houston and King of Whitfield:
A bill to amend an act authorizing the City of Dalton to levy a tax for the purpose of maintaining public schools; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 179. By Messrs. Houston and King of Whitfield:
A bill to amend an act relating to the charter of the City of Dalton; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 185. By Messrs. Groover of Bibb, Lavender of Elbert and others:
A bill to amend the code so as to provide that the state treasurer may pay out money on warrants countersigned by the deputy comptroller general; and for other purposes.
Referred to Committee on Judiciary.
THURSDAY, JANUARY 26, 1956
231
HB 200. By Messrs. Nightingale and Killian of Glynn:
A bill to amend the charter of the city of Brunswick; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 209. By Mr. Odom of Camden:
A bill to authorize the city of Kingsland to close permanently certain alleys; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 214. By Mr. Turk of Wilcox:
A bill to amend an act incorporating the Town of Pineview; and for other purposes.
Referred to Committee on County and Municipal Governments.
The following resolution was read and adopted:
HR 107. By Messrs. Mobley of Burke, Tamplin of Morgan and Johnson of Jenkins:
A resolution to memorialize our U. S. Senators and Congressmen of the State of Georgia to aid the farmers of Georgia and commend them for their efforts for our farmers; and for other purposes.
Mr. Hollis of the 24th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. President:
Your Committee on 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 126. Do Pass.
Respectfully submitted,
Hollis of 24th District,
Chairman.
Mr. Hollis of the 24th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bills and resolutions of the House and Senate and has instructed me as Chair man, to report the same back to the Senate with the following recommendations:
HB 48. Do Pass.
HB 81. Do Pass.
HB 83. Do
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JOURNAL OP THE SENATE,
HB 92. Do Pass. HB 107. Do Pass. HB 12. Do Pass. HE 51. Do Pass. HB 70. Do Pass. HB 72. Do Pass. SE 21. Do Pass. SE 22. Do Pass. SE 23. Do Pass.
Eespectfully submitted, Hollis of 24th District, Chairman.
Mr. Morrison of the 15th District, Chairman of the Committee on Utilities and Public Transportation, submitted the following report:
Mr. President:
Your Committee on Utilities and Public Transportation has had under con sideration the following bill of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
SB 46. Do Pass.
Eespectfully submitted,
Morrison of 15th District,
Chairman.
Mr. Turner of the 34th District, Chairman of the Committee on Municipal and County Governments, submitted the following report:
Mr. President:
Your Committee on Municipal and County Governments has had under con sideration 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 68. Do Pass.
SB 59. Do Pass. SB 65. Do Pass.
HB 159. Do Pass.
HB 95. Do Pass. HE 49-130a. Do Pass.
HR 30-96c. Do Pass.
THURSDAY, JANUARY 26, 1956
233
HB 93. Do Pass. HB 32. Do Pass.
Respectfully submitted, Turner of 34th District, Chairman.
Mr. Brooks of the 50th District, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs 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 26.
SB 31.
SB 36.
SB 50.
Respectfully submitted,
Brooks of the 50th District,
Chairman.
The following bills and resolutions, favorably reported by the committee, were read the second time:
SB 46. By Senator Matthews of the 47th:
A bill to regulate the sale of brake fluid; to provide a minimum stand ard and specification for brake fluid; and for other purposes.
SB 59. By Senator McDonald of the 43rd:
A bill to amend, consolidate and supersede an act incorporating the city of Dalton and the several acts amendatory thereof; to create and establish a new charter for the city of Dalton; and for other purposes.
SB 65. By Senator Millican of the 52nd:
A bill to amend the "Voters' Registration Act" so as to provide for places of registration of voters in certain counties; and for other purposes.
SB 68. By Senator Millican of the 52nd:
A bill to amend section 34-1904 of the 1933 code of Georgia providing for ballots in elections other than primary elections, by adding a proviso applicable to municipal elections in cities having a population of more than 300,000 according to the last or any future Federal decennial
234
JOURNAL OF THE SENATE,
census, so as to regulate the time and manner of qualification of candi dates; and for other purposes.
SR 21. By Senator Millican of the 52nd:
A resolution proposing to the qualified voters of the state of Georgia an amendment to article VII, section VII, paragraph I of the constitu tion of the state of Georgia of 1945, so as to authorize the issuance of revenue anticipation certificates.
SR 22. By Senator Millican of the 52nd:
,
A resolution proposing an amendment to the constitution so as to authorize the extension of terms of the grand jury of Fulton County; and for other purposes.
SR 23. By Senator Page of the 1st:
A resolution granting to the United States of America a spoilage easement to Barnwell Island, to facilitate development of Savannah Harbor.
HB 12. By Mr. Stephens of Clark and others:
A bill to amend an act known as the Subversive Activities Act, so as to provide.that no person shall be required to give information relative to the membership in any organization of any relative of such person; and for other purposes.
HB 32. By Mr. Garrard of Wilkes:
A bill to grant a new charter to the town of Tignall; and for other purposes.
HB 48. By Mr. Chambers of Richmond:
A bill to provide for the service of subpoenas, subpoenas duces tecum, and notices to produce by registered mail, as an alternative to existing methods of service; and for other purposes.
HB 70. By Mr. Sognier of .Chatham and others:
A bill to amend the juvenile court act, in counties having a population of 50,000 or more but less than 150,000; and for other purposes.
HB 72. By Mr. Sognier of Chatham and others:
A bill to amend an act relating to the appointment of probation offi cers, volunteers and assistants; and for other purposes.
HB 81. By Mr. Chambers of Richmond and others: ,
.
A bill to amend an act relating to traverse jurors generally, and which will provide for the placing of jurors in the jury box in panels of twelve each, in civil and : criminal cases, so as to facilitate their examination by counsel; and for other purposes.
THURSDAY, JANUARY 26, 1956
235
HB 83. By Mr. Sanders of Richmond and others:
A bill to amend an act so as to provide for the trial of civil cases any time after appearance day by consent; and for other purposes.
HB 92. By Mr. M. Smith of Fulton and others:
A bill to amend an act abolishing the fee system in the superior court of the Atlanta Judicial Circuit as applied to the office of the SolicitorGeneral of said circuit; by creating the positions of trial assistant solicitors-general.
HB 93. By Mr. Watson of Dougherty and others: A bill to amend an act creating a new charter for the city of Albany; so as to provide that the voting age for voters in city elections shall be 18 years; and for other purposes.
HB 95. By Mr. Martin of Banks:
A bill to provide for the compensation for the sheriff of Banks County; and for other purposes.
HB 107. By Mr. Young of Muscogee and others: A bill to provide for the hours of holding elections in certain counties; and for other purposes.
HB 126, By Mr. Black of Webster: A bill to provide for the terms of court of the Webster County supe rior court; and for other purposes.
HB 159. By Mr. Moate of Hancock: A bill to consolidate the offices of tax receiver and tax collector of Hancock County into the office of tax commissioner of Hancock County; and for other purposes.
HR 30. By Mr. Dean of Rockdale:
A resolution authorizing and directing the state librarian to furnish certain law books to the county commissioner of Rockdale County for the use of the judge of superior court or Rockdale County; and for other purposes.
HR 49. By Mr. Fain of Franklin:
A resolution authorizing and directing the state librarian to furnish laws books to the clerk of the superior court of Franklin County; and for other purposes.
HR 51. By Mr. Bentley of Cobb:
A resolution to censure the attorney general of the United States, Herbert Brownell, and the Federal Bureau of Investigation for their
236
JOURNAL OF THE SENATE,
flagrant invasion into the affairs of Cobb County and the state of Georgia.
Senator Page of the 1st asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on County and Municipal Govern ments, read the second time and recommitted:
SB 82. By Senator Page of the 1st: A bill to create a civil service system for Chatham County; to provide for the establishment of a civil service board; and for other purposes.
The consent was granted.
Senator Overby of the 33rd asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Judiciary, read the second time and recommitted:
SB 75. By Senators Harden of the 27th, Shurling of the 21st, Dykes of the 14th and others:
A bill to fix the domicile of corporations engaged in publishing news papers, magazines and other periodicals; to fix the venue of actions in tort against such corporations; 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 20. By Senators Parker of the 20th, Dean of the 40th, Dykes of the 14th and others:
A bill to amend an act revising and consolidating laws relative to game and fish, approved March 7, 1965 (Ga. Laws 1955, p. 483), so as to permit the breeding of pen-raised quail for commercial purposes; and for other purposes.
The House amendment was as follows:
The Game and Fish Committee of the House moves to amend SB 20 as follows:
Section 1. By striking therefrom the first paragraph of Section 1 preceding the colon, and substituting in lieu thereof the following:
"Section 1. An Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission and game and fish, approved March 7, 1955 (Ga. Laws 1955, p. 483), is hereby amended by renumbering Section 120, the repealer section, as Section 121 and by adding a new section to be numbered Section 120 and to read as follows:
Section 2. By striking therefrom Section 2.
THURSDAY, JANUARY 26, 1956
237
Senator Dean of the 40th moved that the Senate agree to the House amendment.
On the motion, the ayes were 33, nays 0, and the amendment was agreed to.
The following resolution of the Senate was read and adopted:
SR 30. By Senators Harden of the 27th and Overby of the 33rd: A resolution creating the All-South Centennial Committee of Georgia; and for other purposes.
Senator Overby of the 33rd asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Appropriations, read the second time and recommitted:
SB 49. By Senators McDonald of the 43rd and Overby of the 33rd:
A bill to amend an act providing revenue and a source of revenue for the purpose of paying annuities and benefits to the peace officers of the state of Georgia, (Ga. Laws 1950, p. 50), so as to change the provisions relative to eligibility; 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 37. By Senator Overby of the 33rd:
A bill to amend the "Building and Loan Act" (Ga. L. 1937-38, Extra Session, pp. 307-322), so as to provide protection of state chartered building and loan associations and federal savings and loan associations in the payment of the redemption value of a share or shares to an insane or otherwise incompetent shareholder; and for other purposes.
The report 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 41. By Senators Harrison of the 17th, Jones of the 18th and Jones of the 23rd:
A bill to amend the act incorporating the Baptist Church at Buck Head, in the county of Burke so as to provide that the executive committee of the Hepzibah Baptist Association shall be trustees of said church; and for other purposes.
Senator Overby of the 33rd moved that action on SB 41 be postponed until January 30th and the motion prevailed.
238
JOURNAL OF THE SENATE,
SB 44. By Senators Wilkins of the 44th, Matthews of the 47th, Dean of the 40th and Jones of the 23rd:
A bill to amend the act prohibiting the throwing or depositing of trash or garbage upon public roads or property; so as to provide the uni form division of the State Department of Public Safety with the jurisdiction and power to enforce 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 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 47. By Senator Overby of the 33rd:
A bill to amend section 84-1317 of the code of Georgia relating to who may sell or compound drugs, so as to provide that no drugs shall be sold or dispensed by vending machines; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 56. By Senators Turner of the 34th and Harper of the 26th:
A bill to amend an act requiring every insurance company organized and doing business by virtue of the laws of this state to acquire and hold real property for the purpose of renting and leasing same, the investments in such property not to exceed five per cent (5%) of its total assets and to be in addition to any and all other investments authorized by law, so as to change the terms and conditions relative to investments in real estate; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SR 17. By Senator Chance of the 51st:
A resolution to officially designate the name for a bridge over Savage Creek on the highway between Tarversville, Twiggs County, Georgia, and Bonaire, Houston County, Georgia, as the "General Ezekiel Wimberly Bridge;" and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
THURSDAY, JANUARY 26, 1956
239
On the adoption of the resolution, the ayes were 28, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has adopted the following resolution of the House, to-wit:
HR 120. By Mr. Groover of Bibb:
A resolution calling for a joint session of the House and Senate to hear an address by the Governor; and for other purposes.
HB 15. By Messrs. Underwood of Bartow and Groover of Bibb:
A bill to amend an act entitled an act to establish an employees' retire ment system; so as to limit the amount of certain creditable service; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, 1 was passed. The following resolution of the Senate was read and adopted:
SR 31. By Senator Overby of the 33rd:
A resolution by the Senate extending its sincerest congratulations and felicitations to Honorable Henry Castleman, doorkeeper of the Senate, on this his fortieth birthday.
HB 16. By Messrs. Underwood of Bartow and Groover of Bibb:
A bill to amend an act which makes provisions for coverage of certain officers and employees of political subdivisions of the state under the Old-Age and Survivors Insurance provisions of Title II of the Federal Social Security Act; and for other purposes.
Senator Overby of the 33rd offered the following amendment:
Amend, HB 16 by striking from section 2, subsection (4) of said bill the following: "(b)" appearing in the second line thereof, and inserting in lieu thereof the following: "(h)".
By striking from section 4 of said bill the following: "218 (d) (3) (C)" and inserting in lieu thereof the following: "218 (c) (3)
240
JOURNAL OF THE SENATE,
By striking from section 6 of said bill the following: "subparagraph (a) of Paragraph II of Article VII" and inserting in lieu thereof the following: "Sub-paragraph 7-A of Paragraph I of Section II of Article VII".
On the adoption of the amendment, the ayes were 34, nays 0, and the amend ment 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.
HB 47. By Messrs. Peters of Meriwether, Mashburn of Forsyth and Coker of Cherokee:
A bill to amend an act known as the "Uniform Narcotic Drug Act", so as to provide for oral prescriptions for certain narcotic drugs, compounds thereof and derivatives thereof, under certain conditions; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 128. By Messrs. Moate of Hancock, Willingham of Cobb and Groover of Bibb:
A bill to authorize the operating of vending stands in state buildings by blind or otherwise seriously disabled persons; and for other pur poses.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following resolution of the House was read and adopted:
HE 120. By Mr. Groover of Bibb:
A resolution calling for a joint session of the House and Senate to hear an address by the Governor; and for other purposes.
THURSDAY, JANUARY 26, 1956
241
The president appointed on the part of the Senate: Senators Seagraves of the 30th and Shurling of the 21st.
Senator Millican of the 52nd asked unanimous consent that the following bills of the Senate be withdrawn from the Committee on Finance, read the second time and recommitted:
SB 63. By Senator Millican of the 52nd:
A bill to amend chapter 40-4 of the 1933 code of Georgia providing for establishment of a budget bureau so as to provide for the establish ment of an advisory budget committee of members of the General As sembly; and for other purposes.
SB 67. By Senator Millican of the 52nd:
A bill to repeal chapter 40-4 of the 1933 code of Georgia relating to the operations of the budget bureau creating a finance commission; and for other purposes.
SB 71. By Senators Millican of the 52nd, Hollis of the 24th and Lovett of the 16th:
A bill to require all fees paid to departments or agencies of the state of Georgia, except those paid to the common schools or to the institu tions of the University System to be paid into the state treasury; and for other purposes.
The consent was granted.
Senator Overby of the 33rd moved that the Senate do now adjourn until 10:30 o'clock tomorrow morning and the motion prevailed.
The president announced the Senate adjourned until 10:30 o'clock tomorrow morning.
242
JOURNAL OP THE SENATE,
Senate Chamber, Atlanta, Georgia, Friday, January 27, 1956.
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.
By unanimous consent the call of the roll was dispensed with.
Senator Steis of the 25th 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 Overby of the 33rd 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. Third reading and passage of local uncontested 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 146. By Messrs. Moate of Hancock, Sheffield of Brooks and others:
A bill to provide that before any person shall burn any woods or other inflammable materials, notice of the times and place must first be given to the county forest ranger; and for other purposes.
HB 147. By Messrs. Moate of Hancock, Sheffield of Brooks and others:
A bill to amend an act revising and superseding the laws relating to the Georgia Forestry Commission; and for other purposes.
HB 148. By Messrs. Moate of Hancock, Sheffield of Brooks and others:
A bill to define the various penal offenses relating to the firing of woods; and for other purposes.
FRIDAY, JANUARY 27, 1956
243
HB 149. By Messrs. Mobley and Gates of Burke and others:
A bill to amend an act providing for certified public weighers; and for other purposes.
HB 183. By Messrs. Campbell and Coker of Walker:
A bill to amend an act relating to the issuance of marriage licenses; and for other purposes.
HB 184. By Messrs. Groover'of Bibb, Lavender of Elbert and others:
A bill to repeal an act creating the Georgia Citizens Council; and for other purposes.
HB 188. By Messrs. Groover of Bibb, Lavender of Elbert and others:
A bill to repeal an act creating a State Division of Confederate Pen sions and Records, so as to abolish the ofifce created thereby; and for other purposes.
HB 192. By Messrs. Groover of Bibb, Lavender of Elbert, and others:
A bill to amend an act providing a uniform method of fixing salaries of certain State officials, and for other purposes.
HB 195. By Messrs. Twitty of Mitchell, Mauldin of Gordon and others: A bill to regulate the ;sale of seeds; and for other purposes.
HR 16-64a. By Mr. Coker of Cherokee:
A resolution proposing a constitutional amendment providing for the
merger of the Canton Independent School System and Cherokee County
School System into one consolidated school system; and for other pur
poses.
.
.
HR 17-64b. By Mr. Coker of Cherokee:
A resolution proposing an amendment to the constitution so as to abolish the elective office of the county school superintendent of Cherokee County; and for other purposes.
HR 20-64e. By Mr. Greene of Crisp:
A resolution proposing an amendment to the constitution so as to pro vide that the General Assembly shall be authorized to pass a special act to merge the existing independent school system of the City of Cordele and the existing school district in the County of Crisp; and for other purposes.
HR 21-64f. By Mr. Barker of Heard:
A resolution proposing an amendment to the constitution so as to pro-
'
vide for the election of members of the Board of Education of Heard
County, and for other purposes.
,
244
JOURNAL OP THE SENATE,
HE 22-64g. By Mr. Bentley of Cobb:
;
A resolution proposing an amendment to the constitution so as to pro vide for the paving of streets and sidewalks in Cobb county and assess the cost against the abutting property; and for other purposes.
HR 28-96a. By Messrs. Watson and Denson of Dougherty:
A resolution proposing an amendment to the constitution so as to pro vide for the paving of streets in Dougherty county and to assess the cost against abutting property; and for other purposes.
HR 33-96f. By Messrs. Watson and Denson of Dougherty:
A resolution proposing an amendment to the constitution so as to au thorize Dougherty county to issue and require building permits; and for other purposes.
HR 41-110a. By Messrs. Watson and Denson of Dougherty:
A resolution proposing an amendment to the constitution so as to authorize the City of Albany to levy a tax for the purpose of encourag ing new industry; and for other purposes.
HR 42-110b. By Messrs. Watson and Denson of Dougherty:
A resolution proposing an amendment to the constitution so as to authorize Dougherty county to levy a tax not exceeding one mill on all of the taxable property, in the county; and for other purposes.
HR 45-129a. By Mr. Blackburn of Habersham:
A resolution designating a certain bridge as the "Judge I. Homer
.
Button Bridge"; and for other purposes.
HR 50. By Messrs. Cornelius and McKelvey of Polk:
A resolution proposing an amendment to the constitution so as to pro vide for the election of the county school superintendent of Polk county by the people; and for other purposes.
HR 59. By Messrs. Nightingale and Killian of Glynn:
A resolution proposing an amendment to the constitution to provide that the homestead exemption shall not apply to taxes assessed by Glynn county for the support of education; and for other purposes.
HR 65. By Messrs. Groover of Bibb, Lavender of Elbert and others;
A resolution directing the department heads of the various state de partments to investigate and implement the recommendations of the joint economy committee; and for other purposes.
The following bills and resolutions were introduced, read the first time and referred to committees:
FRIDAY, JANUARY 27, 1956
245
SB 91. By Senators Millican of the 52nd and Turner of the 34th:
A bill to amend an act creating a new charter for the City of Atlanta allowing the mayor and board of aldermen to pay to each member of the police department the sum of $100.00 per year in addition to all other compensation in lieu of the charter provision requiring the City to provide uniforms; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 92. By Senator Lovett of the 16th:
A bill to amend an act creating a new charter for the City of Dublin, Laurens county, so as to change the date of the regular city election, to provide that no person's name shall be placed on the regular city elec tion ballot who is nominated in any political party primary for said city; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 93. By Senator Millican of the 52nd:
A bill to be known as the boiler safety act; to provide for the safety of life, limb and property, and to create a board of boiler rules to serve without salary and to formulate and promulgate rules and regu lations for the safe construction, installation, inspection and repair of boilers; and for other purposes.
Referred to the Committee on Health and Welfare.
SR 32. By Senator Page of the 1st:
A resolution proposing an amendment to the constitution so as to au thorize the Governing Authority of Chatham County to expend county funds for the purpose of eradicating mosquitoes; and for other pur poses.
Referred to the Committee on Judiciary.
HB 146. By Messrs. Moate of Hancock, Sheffield of Brooks and others:
A bill to provide that before any person shall burn any woods or other inflammable materials, notice of the times and place must first be given to the county forest ranger; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 147. By Messrs. Moate of Hancock, Sheffield of Brooks and others:
A bill to amend an act revising and superseding the laws relating to the Georgia Forestry Commission; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 148. By Messrs. Moate of Hancock, Sheffield of Brooks and others:
A bill to define the various penal offenses relating to the firing of woods; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
246
JOURNAL OF THE SENATE,
HB 149. By Messrs. Mobley and Gates of Burke and others:
A bill to amend an act providing for certified public weighers; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 183. By Messrs. Campbell and Coker of Walker:
A bill to amend an act relating to the issuance of marriage licenses; and for other purposes.
Referred to Committee on Judiciary.
HB 184. By Messrs. Groover of Bibb, Lavender of Elbert and others:
A bill to repeal an act creating the Georgia Citizens Council; and for other purposes.
Referred to Committee on Rules.
HB 162. By Mr. Phillips of Walton:
A bill to amend an act creating a new charter for the City of Monroe; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 188. By Messrs. Groover of Bibb, Lavender of Elbert and others:
A bill to repeal an act creating a State Division of Confederate Pen
sions and Records so as to abolish the office created thereby; and for
'"
other purposes.
Referred to Committee on Rules.
HB 192. By Messrs. Groover of Bibb, Lavender of Elbert and others:
A bill to amend an act providing a uniform method of fixing salaries of certain state officials; and for other purposes.
Referred to Committee on Rules.
HB 195. By Messrs. Twitty of Mitchell, Mauldin of Gordon and others: A bill to regulate the sale of seeds; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HR 16. By Mr. Coker of Cherokee:
A resolution proposing a constitutional amendment providing for the merger of the Canton independent school system and Cherokee county school system into one consolidated school system; and for other purposes.
Referred to Committee on Judiciary.
FRIDAY, JANUARY 27, 1956
247
HR 17. By Mr. Coker of Cherokee:
A resolution proposing an amendment to the constitution so as to abolish the elective office of the county school superintendent of Chero kee county; and for other purposes.
Referred to Committee on Judiciary.
HR 20. By Mr. Greene of Crisp:
,
,
A resolution proposing an amendment to the constitution so as to pro vide that the General Assembly shall be authorized to pass a special act to merge the existing independent school system of the City of Cordele and the existing school district in the County of :Crisp; and for
other purposes.
Referred to Committee oh Judiciary.
HR 21. By Mr. Barker of Heard:
A resolution proposing an amendment to the constitution so as to provide for the election of members of the Board of Education of Heard County; and for other purposes.
Referred to Committee on Judiciary.
HR 22. By Mr. Bentley of Cobb:
A resolution proposing an amendment to the constitution so as to pro vide for the paving of streets and sidewalks in Cobb County and assess the cost against the abutting property; and for other purposes.
Referred to Committee on Judiciary.
HR 28. By Messrs. Watson and Denson of Dougherty:
A resolution proposing an amendment to the constitution so as to provide for the paving of streets in Dougherty county and to assess the cost against abutting property; and for other purposes.
Referred to Committee on Judiciary.
HR 33. By Messrs. Watson and Denson of Dougherty:
A resolution proposing an amendment to the constitution so as to authorize Dougherty county to issue and require building permits; and for other purposes.
Referred to Committee on Judiciary.
HR 41. By Messrs. Watson and Denson of Dougherty:
A resolution proposing an amendment to the constitution so as to authorize the City of Albany to levy a tax for the purpose of encourag ing new industry; and for other purposes.
Referred to Committee on Judiciary.
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JOURNAL OP THE SENATE,
HR 42. By Messrs. Watson and Denson of Dougherty:
A resolution proposing an amendment to the constitution so as to authorize Dougherty county to levy a tax not exceeding one mill on all of the taxable property in the county; and for other purposes.
Referred to Committee on Judiciary.
HR 45. By Mr. Blackburn of Habersham:
A resolution designating a certain bridge as the "Judge I. Homer Button Bridge"; and for other purposes.
Referred to Committee on Highways.
HR 50. By Messrs. Cornelius and McKelvey of Polk:
A resolution proposing an amendment to the constitution so as to pro vide for the election of the County School Superintendent of Polk county by the people; and for other purposes.
Referred to Committee on Judiciary.
HR 59. By Messrs. Nightingale and Killian of Glynn:
A resolution proposing an amendment to the constitution to provide that the homestead exemption shall not apply to taxes assessed by Glynn county for the support of education; and for other purposes.
Referred to Committee on Judiciary.
HR 65. By Messrs. Groover of Bibb, Lavender of Elbert and others:
A resolution directing the department heads of the various state de partments to investigate and implement the recommendations of the joint economy committee; and for other purposes.
Referred to Committee on Rules.
Mr. Blalock of the 36th District, Chairman of the Committee on Penal and Correctional Affairs, submitted the following report:
Mr. President:
Your Committee on Penal and Correctional Affairs has had under considera tion the following bill of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
SB 35. Do Pass, by substitute.
Respectfully submitted,
Blalock of 36th District,
Chairman.
Mr. President, Chairman of the Committee on Rules, submitted the following report:
FRIDAY, JANUARY 27, 1956
249
Mr. President:
Your Committee on Rules 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:
SB 62. Do Not Pass.
HR 62. Do Pass.
Respectfully submitted, S. Ernest Vandiver,
Chairman.
Mr. Turner of the 34th District, Chairman of the Committee on County and Municipal Governments, submitted the following report:
Mr. President:
Your Committee on County and Municipal Governments 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 76. Do Pass.
HB 143. Do Pass.
HB 94. Do Pass. Respectfully submitted,
Turner of 34th District,
Chairman.
Mr. Turner of the 34th District, Chairman of the Committee on County and Municipal Governments, submitted the following report:
Mr. President:
Your Committee on County and Municipal Governments 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 82. Do Pass.
HB 180. Do Pass.
Respectfully submitted,
Turner of 34th District,
Chairman.
Mr. Turner of the 34th District, Chairman of the Committee on County and Municipal Governments, submitted the following report:
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JOURNAL OF THE SENATE,
Mr. President:
Your Committee on County and Municipal Governments has had under con sideration 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 96. Do Pass.
Respectfully submitted,
Turner of 34th District,
Chairman.
Mr. Harrison of the 17th District, Chairman of the Committee on Health and Welfare, submitted the following report:
Mr. President:
Your Committee on Health and 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 recommendation:
HB 121. Do Pass.
Respectfully submitted,
Harrison of 17th District,
Chairman.
Mr. Brooks of the 50th District, Chairman of the Committee on Senate Administrative Affairs, submitted the following report: Mr. President:
Your Committee on Senate Administrative Affairs 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:
SR 17.
SR 30.
SB 37.
SB 44.
SB 47.
SB 56.
Respectfully submitted,
Brooks of the 50th District,
Chairman.
The following bills and resolutions, favorably reported by the committees,
were read the second time: ....'...
>.: "
FRIDAY, JANUARY 27, 1956
251
SB 76. By Senator Coffin of the llth:
A bill to amend the charter of the City of Dawson, Georgia so as to authorize the city council of Dawson to fix the salaries of its officers and employees and to levy ad valorem taxes for ordinary operating expenses; and for other purposes.
HB 94. By Mr. Watson of Dougherty and others:
A bill to amend an act relating to the limitation on the right of tax ation by municipal corporations, so as to provide that the City of Albany shall not be affected by the provisions of this section; and for other purposes.
HB 96. By Mr. Matheson of Hart:
A bill to amend an act entitled "An Act to create the office of Com missioner of Roads and Bridges and a Board of Finance, consisting of three members in and for Hart County"; and for other purposes.
HB 143. By Mr. Holley of Richmond and others:
A bill to amend an act entitled "an act to change from the fee to the salary system in certain counties having a population of not less than 100,000 inhabitants nor more thaii 110,000 inhabitants, the sheriff, the ordinary, the tax collector, etc.; and for other purposes.
HB 180. By Mr. Dean of Rockdale:
A bill to amend an act to create the office of tax commissioner of Rockdale County; and for other purposes.
HR 62. By Messrs. Moate of Hancock, Groover of Bibb, Sheffield of Brooks:
A resolution creating a committee for the purpose of discussing comjnon problems with members of the legislatures from other states; and for other purposes.
Senator Richardson of the 13th asked unanimous consent that the following resolution of the Senate be withdrawn from the Committee on County and Municipal Governments, read the second time and recommitted:
SR 28. By Senator Richardson of the 13th:
A resolution proposing to the qualified voters an amendment to the constitution so as to provide for the election of the members of the board of education of Macon county by the people; and for other purposes.
The consent was granted.
Senator Turner of the 34th asked unanimous consent that the following bill of the House be withdrawn from the Committee on County and Municipal Gov ernments, read the second time and recommitted:
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JOURNAL OF THE SENATE,
HB 39. By Mr. Blackburn of Habersham:
A bill to create a board of commissioners of roads and revenues for Habersham county; and for other purposes.
The consent was granted.
Senator Turner of the 34th asked unanimous consent that the following bill of the House be withdrawn from the Committee on County and Municipal Gov ernments, read the second time and recommitted:
HB 199. By Mr. Barber of Colquitt and others: A bill to create water districts in Colquitt County, each separate and distinct from the other, known respectively as the Sylvester drive water district, the East Moultrie water district and South Moultrie water district; and for other purposes.
The consent was granted.
The following local uncontested bills were read the third time and put upon their passage:
SB 59. By Senator McDonald of the 43rd: A bill to amend, consolidate and supersede an act incorporating the City of Dalton and the several acts amendatory thereof; to create and establish a new charter for 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 65. By Senator Millican of the 52nd: A bill to amend the "Voters' Registration Act" so as to provide for places of registration of voters in certain counties; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 68. By Senator Millican of the 52nd:
A bill to amend sections 34-1904 of the 1933 code of Georgia providing for ballots in elections other than primary elections, by adding a pro-
FRIDAY, JANUARY 27, 1956
253
viso applicable to municipal elections in cities having a population of more than 300,000 according to the last or any future Federal decennial census, so as to regulate the time and manner of qualifica tion of candidates; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 82. By Senator Page of the 1st:
A bill to create a civil service system for Chatham County; 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 32. By Mr. Garrard of Wilkes:
A bill to grant a new charter to the Town of Tignall; and for other purposes.
The report 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 70. By Messrs. Sognier, Cheatham and Eyler of Chatham:
A bill to amend the Juvenile Court Act by providing for juvenile courts and judges thereof in counties with a certain 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 72. By Messrs. Sognier, Chatham and Eyler of Chatham: A bill to amend Section 27-2703 of the 1933 Code of Georgia relating
254
JOURNAL OF THE SENATE,
to the appointment of probation officers, volunteers and assistants; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 92. By Messrs. M. Smith, H. Smith and Lokey of Fulton:
A bill to amend an act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the SolicitorGeneral of said circuit; by creating the positions of trial assistant solicitors-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 93. By Messrs. Watson and Denson of Dougherty:
A bill to amend an act creating a new charter for the City of Albany, so as to provide that the voting age for voters in city elections shall be 18 years; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 95. By Mr. Martin of Banks:
A bill to provide for the compensation for the sheriff of Banks county; and for other purposes.
Senator Overby of the 33rd offered the following amendment:
Amend HB 95 by striking from Section 1 the words and figures "January 1, 1957" and inserting in lieu thereof the words and figures "April 1, 1956".
On the adoption of the amendment, the ayes were 35, nays 0, and the amendment was adopted.
The report of the committee, which' was favorable to the passage of the bill, was agreed to as amended.
FRIDAY, JANUARY 27, 1956
255
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 107. By Messrs. Young, Pickard and Nilan of Muscogee:
A bill to provide for the hours of holding elections in certain counties; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 126. By Mr. Black of Webster: A bill to provide for the terms of court of the Webster County Supe rior 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 159. By Mr. Moate of Hancock:
A bill to consolidate the offices of tax receiver and tax collector of Hancock county into the office of tax commissioner of Hancock 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.
HR 30. By Mr. Dean of Rockdale:
A resolution authorizing and directing the state librarian to furnish certain law books to the county commissioner of Rockdale county for the use of the judge of superior court of Rockdale county; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
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JOURNAL OF THE SENATE,
On the adoption of the resolution, the ayes were 31, nays 0.
The resolution, having received the requisite constitutional majority was adopted.
HR 49. By Mr. Fain of Franklin:
A resolution authorizing the state librarian to furnish certain law books to the clerk of the superior court of Franklin county; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 32, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Overby of the 33rd moved that the Senate do now adjourn until 11:00 o'clock Monday morning and the motion prevailed.
The president announced the Senate adjourned until 11:00 o'clock tomorrow morning.
MONDAY, JANUARY 30, 1956
257
Senate Chamber, Atlanta, Georgia, Monday, January 30, 1956.
The Senate met pursuant to adjournment at 11:00 o'clock this morning and was called to order by the president.
Scripture reading and prayer was offered by Rev. Warner Earl Fusselle, First Baptist Church, Gainesville, Georgia.
By unanimous consent the call of the roll was dispensed with.
Senator Steis of the 25th reported that the journal of yesterday's proceed ings had been examined and found correct.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
Senator Overby of the 33rd 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. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and consideration of general 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 of the House to wit:
HB 155. By Mr. Jones of Laurens:
A bill to amend an act creating the City Court of Dublin; and for other purposes.
HB 156. By Messrs. Duke and Massee of Baldwin:
A bill to authorize the governing authority of the City of Milledgeville to provide for zoning and planning; to authorize joint operation with Baldwin county; and for other purposes.
258
JOURNAL OF THE SENATE,
HB 157. By Mr. Jones of Laurens:
A bill to amend an act incorporating the Town of East Dublin, so as to provide that the mayor and council may place a proper valuation on property that is not returned for taxation; and for other purposes.
HB 181. By Mr. Jones of Laurens:
A bill to amend an act creating the City Court of Dublin; so as to change the jurisdiction of the City Court; and for other purposes.
HB 182. By Mr. Jones of Laurens:
A bill to amend an act incorporating the Town of East Dublin; and for other purposes.
HB 211. By Messrs. Kelley and Kilgore of Gwinnett:
A bill to amend an act to create a board of county commissioners for Gwinnett County; and for other purposes.
HB 212. By Messrs. Kelley and Kilgore of Gwinnett:
A bill to provide for the compensation of the sheriff, the clerk of the superior court, the clerk of the city court and the ordinary of Gwinnett county; and for other purposes.
HB 213. By Messrs. Kilgore and Kelley of Gwinnett:
A bil) to consolidate the offices of tax receiver and tax collector of Gwinnett county into the office of tax commissioner of Gwinnett county; and for other purposes.
HB 222. By Mr. Ivey of Newton:
A bill to amend an act providing a new charter for the City of Covington; and for other purposes.
HB 223. By Mr. Ivey of Newton:
A bill to repeal an Act entitled "An Act to incorporate the Town of Covington Mills", and for other purposes.
HB 224. By Mr. Henderson of Atkinson:
A bill to amend an act creating the office of Commissioner of Roads and Revenues in the County of Atkinson.
HB 225. By Mr. Rowland of Johnson:
A bill to amend an act creating the Dublin Judicial Circuit, and for other purposes.
HB 226. By Messrs. Cheatham, Sognier and Eyler of Chatham:
A bill to amend the Charter of the Town of Pooler, and for other purposes.
MONDAY, JANUARY 30, 1956
259
HB 227. By Messrs. Watson and Denson of Dougherty:
A bill to amend an act establishing the City Court of Albany; and for other purposes.
HB 228. By Messrs. Chambers, Holley and Sanders of Richmond:
A bill to abolish the office of Tax Receiver and Tax Collector of Rich mond County; to create the office of Richmond County Tax Commis sioner; and for other purposes.
HB 229. By Messrs. Cheatham, Sognier and Eyler of Chatham:
A bill to amend the charter of the Town of Pooler; and for other purposes.
HB 230. By Mr. Underwood of Montgomery:
A bill to amend an act creating the office of Tax Commissioner of Montgomery County; and for other purposes.
HB 231. By Messrs. Cheatham, Sognier and Eyler of Chatham:
A bill to amend the charter of the Mayor and Aldermen of the City of Savannah, relating to the Savannah Civil Service System; and for other purposes.
HB 232. By Messrs. Williams and Gunter of Hall and Martin of Banks:
A bill to incorporate the City of Lula in the Counties of Hall and Banks; to grant a charter to said City; and for other purposes.
HB 233. By Messrs. Williams and Gunter of Hall:
A bill to amend the Charter of the City of Gainesville; to change the corporate name of said city; to abolish the office of mayor and councilmen and certain other offices of said city created by Legislative En actment; to provide for a Commission Manager form of Government for said city; and for other purposes.
HB 238. By Messrs. Young, Nilan and Pickard of Muscogee:
A bill to amend an act amending the charter of the City of Columbus, providing for the supervision, control and management of all the facili ties of said City for the collection, treatment and disposal of sanitary sewerage by the Board of Water Commissioners of said City; and for other purposes.
HB 240. By Messrs. Gunter and Williams of Hall:
A bill to provide that the Commissioners of Roads and Revenues of Hall County, shall, in their discretion, have power and authority to call and provide for the holding not more than once in each calendar year of an advisory referendum in which the qualified voters of Hall County can express their opinion, etc.; and for other purposes.
260
JOURNAL OP THE SENATE,
HB 242. By Messrs. Twitty and Palmer of Mitchell:
A bill to provide that the Mayor and Council of the City of Camilla shall have the power to designate by appointment the person, firm or corporation to be City Treasurer of Camilla; and for other purposes.
HB 248. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to authorize the establishment of more than one election precinct in a Militia District in certain counties; and for other purposes.
HB 250. By Messrs. Bolton and Lindsey of Spalding:
A bill to repeal an act authorizing the Commissioners of the City of Griffin to close and vacate a portion of a certain street in the City of Griffin; and for other purposes.
HB 251. By Messrs. Bolton and Lindsey of Spalding:
A bill to provide for an expense allowance for the members of the Board of Commissioners of Roads and Revenues of Spalding County; and for other purposes.
HB 252. By Messrs. Bolton and Lindsey of Spalding:
A bill to amend an act creating the charter of the City of Griffin, to extend the city and corporate limits and boundaries certain areas adjacent to the present corporate limits; and for other purposes.
HB 253. By Mr. H. Smith of Fulton:
A bill to amend an act entitled "An Act to provide for the use of voting machines for casting, registering, recording and computing bal lots of votes at all elections in certain counties"; and for other pur poses.
HB 254. By Messrs. H. Smith, M. Smith and Lokey of Pulton:
A bill to amend an act known as the Voters Registration Act, in certain counties; and for other purposes.
HB 258. By Messrs. Lokey and H. Smith of Fulton:
A bill to amend an act authorizing the establishment of Limited Access Highways in counties having a population of 300,000 or more; and for other purposes.
HB 260. By Messrs. Lokey and H. Smith of Fulton:
A bill to amend an act entitled An Act to authorize the governing authority of the several municipalities of this State to enact zoning and planning ordinances and regulations.
HB 262. By Messrs. Foster and Blalock of Clayton:
A bill to amend an act entitled "An Act to incorporate the Town of Forest Park; and for other purposes.
MONDAY, JANUARY 30, 1956
261
HB 264. By Messrs. Birdsong and Lam of Troup:
A bill to amend an act establishing a pension and retirement system for the employees of Troup County; and for other purposes.
HB 273. By Mr. Cocke of Terrell:
A bill to amend the Charter of the City of Dawson; and for other purposes.
HB 282. By Mr. Hendrix of Long:
A bill to provide that members of the County Boards of Education in counties having a population of not more than 3700 and not less than 3585, shall be paid a per diem of $20.00 per day for actual services, etc.; and for other purposes.
HB 287. By Messrs. Foster and Blalock of Clayton:
A bill to create and incorporate the City of Mountain View; and for other purposes.
HB 288. By Mr. Odom of Camden:
A bill to be entitled an act to amend the Charter of the City of St. Marys; and for other purposes.
HB 289. By Messrs. Hayes and Tanner of Coffee:
A bill to be entitled an act to amend an act creating a new charter and municipal government for the City of Douglas; and for other purposes.
HB 290. By Messrs. Hayes and Tanner of Coffee:
A bill to be entitled an act to amend an act creating a new charter and municipal government for the City of Douglas; and for other purposes.
HB 291. By Mr. Odom of Camden: A bill to be entitled an act to authorize, empower and direct the City of St. Marys, to abandon and close portions of City streets; and for other purposes.
HB 293. By Messrs. Hayes and Tanner of Coffee:
A bill to be entitled an act to amend an act creating a new charter and municipal government for the City of Douglas, so as to change the method and procedure of passing and enacting ordinances, etc.; and for other purposes.
HB 295. By Messrs. Cornelius and McKelvey of Polk:
A bill to be entitled an act to amend an act entitled an act to create a new Charter and Municipal Government for the City of Cedartown; and for other purposes.
262
JOURNAL OF THE SENATE,
HB 296. By Messrs. Cornelius and McKelvey of Polk:
A bill to be entitled an act to amend an act entitled an act to create a new charter and Municipal Government for the City of Cedartown; and for other purposes.
HB 297. By Messrs. Blalock and Foster of Clayton:
A bill to be entitled an act to incorporate the City of Riverdale in the County of Clayton; and for other purposes.
HB 300. By Messrs. Groover, Carlisle and McKenna of Bibb:
A bill to be entitled an act to approve, ratify and confirm acts of the City of Macon and of its Mayor and Board of Aldermen in closing vacating and abandoning an alley in the City of Macon situate be tween and separating Lots 2 and 3 in Square 20, etc.; and for other purposes.
HB 137. By Messrs. Potts and Stripling of Coweta:
A bill to be entitled an act to prohibit the solicitation of votes by any means or method for any person or proposition or any election day within a specified distance of any voting place; and for other purposes.
HB 298. By Messrs. Fowler of Douglas and Groover of Bibb:
A bill to amend Code Section 84-702, relating to the Board of Dental Examiners of Georgia; and for other purposes.
The House has adopted the following resolutions of the House, to-wit:
HR 132. By Messrs. Harrison of Jeff Davis, Deen of Bacon and others:
A resolution to request that tobacco farmers be permitted to continue leasing tobacco allotments; and for other purposes.
HR 133. By Mr. Groover of Bibb:
A resolution to pay expenses of the Boundary Commission; and for other purposes.
HR 134. By Mr. Groover of Bibb:
Be it resolved by the House, the Senate concurring, that the action of the House and Senate in adopting HR 120, providing for a joint session Monday, January 30, 1956, be rescinded, and that no joint session be held on said date.
The House has agreed to the Senate amendments to the following bill of the House, to-wit:
HB 98. By Mr. Blackburn of Habersham:
A bill to amend an act creating the charter for the City of Clarkesville; and for other purposes.
MONDAY, JANUARY 30, 1956
263
The following bills and resolutions were introduced, read the first time and referred to committees:
SB 94. By Senator Ursrey of the 54th:
A bill to create the Southeast Georgia Gas Authority; and for other purposes.
Referred to the Committee on Industry and Labor.
SB 95. By Senators Hollis of the 24th, Steis of the 25th and Jones of the 25th:
A bill to add one additional judge of the Superior Courts of the Chattahoochee Judicial Circuit of Georgia; and for other purposes.
Referred to the Committee on Judiciary.
SB 96. By Senators Harper of the 26th, Hollis of the 24th, Brooks of the 50th, Kelly of the 35th, Ricketson of the 19th and Turner of the 34th:
A bill to define and regulate the business of representing insurers other than those transacting life, health, accident, hospital, medical service and tital insurance and bail bonding by individual sureties; and for other purposes.
Referred to the Committee on Industry and Labor.
SB 97. By Senator Hollis of the 24th:
A bill to provide for the registration of securities held by a corporate fiduciary in the name of the nominee of such fiduciary; and for other purposes.
Referred to the Committee on Industry and Labor.
SB 98. By Senators Harden of the 27th, Davis of the 42nd, Ponsell of the 5th, McBride of the 10th, Jones of the 38th, and Coffin of the llth:
A bill to amend the act known as the Georgia Military Forces Re organization Act of 1955 so as to change the description of the flag of the State of Georgia; and for other purposes.
Referred to the Committee on Defense and Veterans Affairs.
SB 99. By Senators Harper of the 26th and Turner of the 34th:
A bill to amend Section 56-216 of the 1933 Code of Georgia relating to participation by policy holders in the net profits of insurance com panies so as to provide that any policy containing the provisions pre scribed in said Code Section must be approved by the Insurance Com missioner; and for other purposes.
Referred to the Committee on Industry and Labor.
SB 100. By Senators Harper of the 26th and Turner of the 34th:
A bill to amend the Excess Insurance Agents Law so as to require the affidavits of licensed agents issuing said policy and of the insured
264
JOURNAL OF THE SENATE,
therein provided for to be filed with the Insurance Commissioner within sixty days from the issuance of such policy instead of within thirty days therefrom as provided in said law; and for other purposes.
Referred to the Committee on Industry and Labor.
SR 33. By Senator Page of the 1st:
A resolution proposing to the qualified voters of the State of Georgia and amendment to Paragraph III, Section I, Article VII, of the Con stitution of Georgia of 1945 creating additional industrial areas in the County of Chatham, fixing the boundaries of said industrial areas, providing that needed municipal services be furnished said areas as a prerequisite for taxation by any municipal corporation; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SR 34. By Senator Millican of the 52nd:
A resolution creating a committee to study the advisability of (1) con forming the Georgia Income Tax Laws as nearly as practicable to the Federal Income Tax Law with respect to the determination and classifi cation of a taxable net income, and (2) of providing for a State income tax withholding system; and for other purposes.
Referred to the Committee on Finance.
SR 35. By Senator Overby of the 33rd:
A resolution creating a committee to study the advisability of con structing a building for the purpose of storing county and State records; and for other purposes.
Referred to the Committee on Senate Administrative Affairs.
HB 137. By Messrs. Potts and Stripling of Coweta:
A bill to prohibit the solicitation of votes by any means or method for any person or proposition or any election day within a specified distance of any voting place; and for other purposes.
Referred to Committee on Judiciary.
HB 155. By Mr. Jones of Laurens:
A bill to amend an act creating the city court of Dublin; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 156. By Messrs. Duke and Massee of Baldwin:
A bill to authorize the governing authority of the city of Milledgeville to provide for zoning and planning; to authorize joint operation with Baldwin County; and for other purposes.
Referred to Committee on County and Municipal Governments.
MONDAY, JANUARY 30, 1956
266
HB 157. By Mr. Jones of Laurens: A bill to amend an act incorporating the Town of East Dublin, so as to provide that the mayor and council may place a proper valuation on property that is not returned for taxation; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 181. By Mr. Jones of Laurens: A bill to amend an act creating the city court of Dublin; so as to change the jurisdiction of the city court; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 182. By Mr. Jones of Laurens: A bill to amend an act incorporating the Town of East Dublin; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 211. By Messrs. Kelley and Kilgore of Gwinnett: A bill to amend an act to create a board of County Commissioners for Gwinnett County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 212. By Messrs. Kilgore and Kelley of Gwinnett: A bill to provide for the compensation of the sheriff, the clerk of the Superior Court, the clerk of the City Court and the ordinary of Gwin nett County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 213. By Messrs. Kilgore and Kelley of Gwinnett: A bill to consolidate the offices of tax receiver and tax collector of Gwinnett County into the office of tax commissioner of Gwinnett County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 222. By Mr. Ivey of Newton:
A bill to amend an act providing a new charter for the City of Covington; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 223. By Mr. Ivey of Newton:
A bill to repeal an act entitled "an act to incorporate the Town of Covington Mills"; and for other purposes.
Referred to Committee on County and Municipal Governments.
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JOURNAL OP THE SENATE,
HB 224. By Mr. Henderson of Atkinson:
A bill to amend an act creating the office of commissioner of roads and revenues in the County of Atkinson; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 225. By Mr. Rowland of Johnson:
A bill to amend an act creating the Dublin Judicial Circuit; and for other purposes.
Referred to Committee on Judiciary.
HB 226. By Messrs. Cheatham, Sognier and Eyler of Chatham:
A bill to amend the charter of the Town of Pooler; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 227. By Messrs. Watson and Denson of Dougherty:
A bill to amend an act establishing the city court of Albany; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 228. By Messrs. Chambers, Holley and Sanders of Richmond:
A bill to abolish the office of tax receiver and tax collector of Rich mond County; to create the office of Richmond county tax commis sioner; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 229. By Messrs. Cheatham, Sognier and Eyler of Chatham:
A bill to amend the charter of the Town of Pooler; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 230. By Mr. Underwood of Montgomery:
A bill to amend an act creating the office of tax commissioner of Montgomery County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 231. By Messrs. Cheatham, Sognier and Eyler of Chatham:
A bill to amend the charter of the mayor and aldermen of the City of Savannah relating to the Savannah Civil Service System; and for other purposes.
Referred to Committee on County and Municipal Governments.
MONDAY, JANUARY 30, 1956
267
HB 232. By Messrs. Williams and Gunter of Hall and Martin of Banks:
A bill to incorporate the City of Lula in the counties of Hall and Banks; to grant a charter to said city; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 233. By Messrs. Williams and Gunter of Hall:
A bill to amend the charter of the City of Gainesville; to change the corporate name of said city; to abolish the office of mayor and councilmen and certain other offices of said city created by legislative enactment; to provide for a commission manager form of government for said city; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 238. By Messrs. Young, Nilan and Pickard of Muscogee:
A bill to amend an act amending the charter of the City of Columbus, providing for the supervision, control and management of all the facilities of said city for the collection, treatment and disposal of sanitary sewerage by the board of water commissioners of said city; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 240. By Messrs. Gunter and Williams of Hall:
A bill to provide that the commissioners of roads and revenues of Hall County, shall, in their discretion, have power and authority to call and provide for the holding not more than once in each calendar year of an advisory referendum in which the qualified voters of Hall County can express their opinion, etc.; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 242. By Messrs. Twitty and Palmer of Mitchell:
A bill to provide that the mayor and council of the City of Camilla shall have the power to designate by appointment the person, firm or corporation to be city treasurer of Camilla; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 248. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to authorize the establishment of more than one election precinct in a militia district in certain counties; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 250. By Messrs. Bolton and Lindsey of Spalding:
A bill to repeal an act authorizing the commissioners of the City of Griffin to close and vacate a portion of a certain street in the City of Griffin; and for other purposes.
Referred to Committee on County and Municipal Governments.
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JOURNAL OF THE SENATE,
HB 251. By Messrs. Bolton and Lindsey of Spalding:
A bill to provide for an expense allowance for the members of the board of commissioners of roads and revenues of Spalding County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 252. By Messrs. Bolton and Lindsey of Spalding:
A bill to amend an act creating the charter of the City of Griffin, to extend the city and corporate limits and boundaries certain areas adjacent to the present corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 253. By Mr. H. Smith of Pulton:
A bill to amend an act entitled "an act to provide for the use of voting machines for casting, registering, recording and computing ballots of votes at all elections in certain counties; and for other purposes.
Referred to Committee on Judiciary.
HB 254. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A bill to amend an act known as the Voters Registration Act in certain counties; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 258. By Messrs. Lokey and H. Smith of Fulton:
A bill to amend an act authorizing the establishment of limited access highways in counties having a population of 300,000 or more; and for other purposes.
Referred to Committee on Highways.
HB 260. By Messrs. Lokey and H. Smith of Fulton: A bill to amend an act entitled an act to authorize the governing authority of the several municipalities of this state to enact zoning and planning ordinances and regulations; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 262. By Messrs. Foster and Blalock of Clayton: A bill to amend an act entitled "an act to incorporate the Town of Forest Park"; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 264. By Messrs. Birdsong and Lam of Troup:
A bill to amend an act establishing a pension and retirement system for the employees of Troup County; and for other purposes.
Referred to Committee on County and Municipal Governments.
MONDAY, JANUARY 30, 1956
269
HB 273. By Mr. Cocke of Terrell:
A bill to amend the charter of the City of Dawson; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 282. By Mr. Hendrix of Long:
A bill to provide that members of the county boards of education in counties having a population of not more than 3700 and not less than 3585 shall be paid a per diem of $20.00 per day for actual services; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 287. By Messrs. Foster and Blalock of Clayton:
A bill to create and incorporate the City of Mountain View; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 288. By Mr. Odom of Camden:
A bill to amend the charter of the City of St. Marys; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 289. By Messrs. Hayes and Tanner of Coffee:
A bill to amend an act creating a new charter and municipal govern ment for the City of Douglas; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 290. By Messrs. Hayes and Tanner of Coffee: A bill to amend an act creating a new charter and municipal govern ment for the City of Douglas; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 291. By Mr. Odom of Camden:
A bill to authorize, empower and direct the City of St. Mary's, to abandon and close portions of city streets; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 293. By Messrs. Hayes and Tanner of Coffee:
A bill to amend an act creating a new charter and municipal govern ment for the City of Douglas, so as to change the method and procedure of passing and enacting ordinances, etc.; and for other purposes.
Referred to Committee on County and Municipal Governments.
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JOURNAL OP THE SENATE,
HB 295. By Messrs. Cornelius and McKelvey of Polk:
A bill to amend an act entitled an act to create a new charter and municipal government for the City of Cedartown; and for other pur poses.
Referred to Committee on County and Municipal Governments.
HB 296. By Messrs. Cornelius and McKelvey of Polk:
A bill to amend an act entitled an act to create a new charter and municipal government for the City of Cedartown; and for other pur poses.
Referred to Committee on County and Municipal Governments.
HB 297. By Messrs. Blalock and Foster of Clayton:
A bill to incorporate the City of Riverdale in the county of Clayton; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 298. By Messrs. Fowler of Douglas and Groover of Bibb:
A bill to amend code section 84-702, relating to the board of Dental Examiners of Georgia; and for other purposes.
Referred to Committee on Health and Welfare.
HB 300. By Messrs. Groover, Carlisle and McKenna of Bibb:
A bill to confirm the acts of the City of Macon in closing an alley in said city; and for other purposes.
Referred to Committee on County and Municipal Governments.
The following resolutions of the House were read and adopted:
HR 132. By Messrs. Harrison of Jeff Davis, Deen of Bacon and others:
A resolution to request that tobacco farmers be permitted to continue leasing tobacco allotments; and for other purposes.
HR 133. By Mr. Groover of Bibb:
A resolution to pay expenses of the boundary commission; and for other purposes.
HR 134. By Mr. Groover of Bibb:
Be it resolved by the House, the Senate concurring that the action of the House and Senate in adopting HR 120, providing for a joint ses sion Monday, January 30, 1956, be rescinded and that no joint session be held on said date.
Mr. Turner of the 34th District, Chairman of the Committee on County and Municipal Governments submitted the following report:
MONDAY, JANUARY 30, 1956
271
Mr. President: Your Committee on County and Municipal Governments has had under con
sideration 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 recom mendations :
SB 87. Do Pass. SR 28. Do Pass. SB 86. Do Pass. HB 160. Do Pass. HB 158. Do Pass. HB 123. Do Pass. HB 165. Do Pass. HB 144. Do Pass. HB 150. Do Pass. HB 201. Do Pass. HB 166. Do Pass.
Respectfully submitted, Turner of 34th District, Chairman.
Mr. Hollis of the 24th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. President:
Your Committee on 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 recommendation:
SB 75. Do Pass.
Respectfully submitted,
Hollis of 24th District,
Chairman.
Mr. Turner of the 34th District, Chairman of the Committee on County and Municipal Governments, submitted the following report:
Mr. President:
Your Committee on County and Municipal Governments has had under con sideration 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 recom mendations :
SB 85. Do Pass.
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JOURNAL OF THE SENATE,
SB 92. Do Pass. SB 91. Do Pass. HB 125. Do Pass. HB 120. Do Pass. HB 200. Do Pass, as amended.
Respectfully submitted, Turner of 34th District, Chairman.
Mr. Brooks of the BOth District, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs 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 41.
SB 59.
SB 65.
SB 68.
SB 75.
SB 82. Respectfully submitted,
Brooks of the 50th District,
Chairman.
Mr. Brooks of the 50th District, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs 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 Governor.
SB 21.
SB 28.
SB 29. Respectfully submitted,
Brooks of the 50th District,
Chairman.
MONDAY, JANUARY 30, 1956
273
The following bills, favorably reported by the committees, were read the second time:
SB 85. By Senator Matthews of the 47th:
A bill to consolidate the offices of tax receiver and tax collector of Colquitt County into the office of tax commissioner of Colquitt County; and for other purposes.
SB 86. By Senator Millican of the 52nd:
A bill to apply only to counties having a population of not less than 300,000 by the last or any future decennial census of the United States to direct the commissioner of roads and revenues to pay to the board of education all commissions which have been retained by the tax com missioner upon the collection of county school taxes and paid over to the commissioners of roads and revenues; and for other purposes.
SB 87. By Senator Millican of the 52nd:
A bill to amend the act creating a joint city-county board of tax assessors in all counties having within its borders all or the greater part of the population of 300,000 or more, according to the 1950 or any future United States census so as to provide compensation for the members of said Board; and for other purposes.
SB 91. By Senators Millican of the 52nd and Turner of the 34th:
A bill to amend an act creating a new charter for the City of Atlanta allowing the mayor and board of aldermen to pay to each member of the police department the sum of $100.00 per year in addition to all other compensation in lieu of the charter provision requiring the city to provide uniforms; and for other purposes.
SB 92. By Senator Lovett of the 16th:
A bill to amend an act creating a new charter for the City of Dublin, Laurens County, so as to change the date of the regular city election, to provide that no person's name shall be placed on the regular city election ballot who is nominated in any political party primary for said city; and for other purposes.
HB 120. By Mr. Murr of Sumter and others:
A bill creating the charter for the City of Americus; and for other purposes.
HB 123. By Mr. Pickard of Muscogee and others:
A bill vesting in the City of Columbus power and authority to sell and convey to the abutting owner on the west the fee simple title to that part of Bay Avenue in said city; and for other purposes.
HB 125. By Mr. Brown of Telfair:
A bill to amend an act creating the City charter of McRae; and for other purposes.
274
JOURNAL OP THE SENATE,
HB 144. By Mr. McKenna of Bibb and others:
A bill to amend an act entitled "an act to re-enact the charter of the City of Macon.
HB 150. By Mr. McKenna of Bibb and others:
A bill to amend an act entitled "an act to re-enact the charter of the City of Macon; and for other purposes.
HB 158. By Mr. Duke of Baldwin and others:
A bill to authorize the governing authority of Baldwin County to provide for zoning and planning; to authorize joint operation with the City of Milledgeville; and for other purposes.
HB 160. By Mr. Birdsong of Troup and others:
A bill to amend an act entitled "an act to create a new charter for the City of West Point; and for other purposes.
HB 165. By Mr. Duncan of Carroll and others:
A bill to amend the charter of the City of Villa Rica, by extending the city limits; and for other purposes.
HB 166. By Mr. Duncan of Carroll and others:
A bill to surrender the charter of the Town of Fullerville, Incorporated, in tthe county of Carroll; and for other purposes.
HB 200.' By Mr. Nightingale of Glynn and others:
A bill to amend the charter of the City of Brunswick; and for other purposes.
HB 201. By Mr. Ivey of Newton:
A bill to abolish the office of county treasurer of Newton County; to transfer the duties of the office of treasurer to the commissioner of roads and revenue of said county; and for other purposes.
Senator Overby of the 33rd asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Industry and Labor, read the second time and recommitted:
SB 40. By Senators Neel of the 7th and Overby of the 33rd:
A bill to amend chapter 114 of the code of Georgia so as to change certain provisions relative to the Workmen's Compensation law; and for other purposes.
The consent was granted.
Senator Hollis of the 24th moved that the following bill of the Senate be postponed until tomorrow morning at 11:00 o'clock.
MONDAY, JANUARY 30, 1956
275
SB 35. By Senators Blalock of the 36th, McBride of the 10th, Morrison of the 15th, Dews of the 9th, Jones of the 38th, Brooks of the 50th and Overby of the 33rd:
A bill to comprehensively and exhaustively revise, supersede and con solidate the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners; and for other purposes.
On the motion to postpone, the ayes were 48, nays 0, and the motion prevailed.
Senator Morrison of the 15th asked unanimous consent that the following bill of the House be withdrawn from the Committee on Public Utilities and Transportation, read the second time and recommitted:
HB 114. By Mr. Blalock of Clayton and others:
A bill to establish a tolerance or increase of 13% on certain sizes, weights, and loads of motor vehicles.
The consent was granted.
Senator Shurling of the 21st asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on County and Municipal Governments, read the second time and recommitted:
SB 60. By Senator Shurling of the 21st:
A bill to amend chapter 23 of the 1933 code of Georgia relating to counties so as to require a performance bond in favor of the state or county or municipal corporation or other public board or body and further to require a payment bond for the use of laborers and materialmen, subcontractors and laborers and materialmen of subcontrac tors; and for other purposes.
The consent was granted.
Senator Lambert of the 28th asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Judiciary, read the second time and recommitted:
SB 54. By Senators Lambert of the 28th and Turner of the 34th:
A bill to amend the act creating the office of judge of the superior court emeritus so as to change the age and service qualifications; and for other purposes.
The consent was granted.
Senator Shurling of the 21st asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Judiciary, read the sec ond time and recommitted:
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JOURNAL OP THE SENATE,
SB 61. By Senator Shurling of the 21st:
A bill to amend chapter 67 of the 1933 code of Georgia relating to mortgages, conveyances to secure debt and liens, so as to establish liens in favor of subcontractors and in favor of mechanics and materialmen furnishing labor or material to subcontractors for the improve ment of real estate; and for other purposes.
The consent was granted.
The following local, uncontested bills were read the third time and put upon their passage:
SB 41. By Senators Harrison of the 17th, Jones of the 18th and Jones of the 23rd:
A bill to amend the act incorporating the Baptist Church at Buck Head, in the county of Burke so as to provide that the Executive Committee of the Hepzibah Baptist Association shall be trustees of said church; and for other purposes.
The report 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.
Senator Harrison of the 17th asked unanimous consent that SB 41 be immediately transmitted to the House and the consent was granted.
SB 76. By Senator Coffin of the llth:
A bill to amend the charter of the City of Dawson, so as to authorize the city council of Dawson to fix the salaries and compensation for its officers and employees; to levy ad valorem taxes for ordinary operat ing expenses not in excess of fifteen mills; to name a water, light and gas commission of not less than three nor more than 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 94. By Messrs. Watson and Denson of Dougherty:
A bill to amend an act relating to the limitation on the right of taxation by municipal corporations, so as to provide that the City of Albany shall not be affected by the provisions of this section; and for other purposes.
MONDAY, JANUARY 30, 1956
277
The report 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 96. By Mr. Matheson of Hart:
A bill to amend an act entitled "an act to create the office of commis sioner 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 143. By Messrs. Holley, Chambers and Sanders of Richmond:
A bill to amend an act entitled "an act to change from the fee to the salary system in certain counties having a population of not less than 100,000 inhabitants nor more than 110,000 inhabitants, the sheriff, the ordinary, the tax collector, 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 180. By Mr. Dean of Rockdale:
A bill to amend an act to create the office of tax commissioner of Rockdale County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following general bills were read the third time and put upon their passage:
SB 46. By Senator Matthews of the 47th: A bill to regulate the sale of brake fluid; to provide a minimum stand ard and specification for brake fluid; and for other purposes.
278
JOURNAL OP THE SENATE,
Senator Millican of the 52nd offered the following amendment:
Amend SB 46 by adding a new section to be known as Section 11A: "This act shall become effective July 1, 1956."
On the adoption of the amendment, the ayes were 44, nays 0, and the amend ment 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.
:
SB 75. By Senators Harden of the 27th, Shurling of the 21st and others:
A bill to fix the domicile of corporations engaged in publishing news-
':
papers, magazines and other periodicals; to fix the venue of actions
in tort against such 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 44, nays 7.
The bill; having received the requisite constitutional majority, was passed.
Senator Overby of the 33rd asked unanimous consent that SB 75 be imme diately transmitted to the House and the consent was granted.
, Senator Turner of the 34th asked unanimous consent that the following bill of the House be withdrawn from the Committee on County and Municipal Governments, read the second time and recommitted:
HB T44. By Mr. McKenna of Bibb and others:
A bill to amend an act entitled "an act to re-enact the charter of the City of Macon; and for other purposes.
The consent was granted.
SR 23. By Senator Page of the 1st:
A resolution granting to the United States of America a spoilage ease ment to Barnwell Island, to facilitate development of Savannah Har bor; 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 44, nays 0.
MONDAY, JANUARY 30, 1956
279
The resolution, having received the requisite constitutional majority, was adopted.
HB 121. By Mr. Moate of Hancock and others:
A bill to repeal an act creating the Georgia Board of Naturopathic 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 37, nays 6.
The bill, having received the requisite constitutional majority, was passed.
HB 12. By Mr. Stephens of Clark and others:
A bill to amend an act known as the Subversive Activities Act, so as to provide that no person shall be required to give information relative to the membership in any organization of any relative of such person; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 48. By Mr. Chambers of Richmond:
A bill to provide for the service of subpoenas, subpoenas duces tecum, and notices to produce by registered mail, as an alternative to exist ing methods of service; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 1.
The bill, having received the requisite constitutional majority, was passed.
HB 81. By Mr. Chambers of Richmond and others:
A bill to amend an act relating to traverse jurors generally, and which will provide for the placing of jurors in the jury box in panels of twelve each, in civil and criminal cases, so as to facilitate their examination by counsel; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
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JOURNAL OF THE SENATE,
The bill, having received the requisite constitutional majority, was passed.
Senator Overby of the 33rd asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Judiciary, read the second time and recommitted:
SB 84. By Senators McBride of the 10th, Harden of the 27th, Jones of the * 23rd and others:
A bill to create and organize a new judicial circuit for the State of Georgia to be known as the Dougherty Judicial Circuit to be composed of the County of Dougherty; and for other purposes.
The consent was granted.
Senator Overby of the 33rd moved that the Senate do now adjourn until 10:30 o'clock tomorrow morning and the motion prevailed.
The president announced the Senate adjourned until 10:30 o'clock tomorrow morning.
TUESDAY, JANUARY 31, 1956.
281
Senate Chamber, Atlanta, Georgia, Tuesday, January 31, 1956.
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.
By unanimous consent the call of the roll was dispensed with.
Senator Steis of the 25th reported that the journal of yesterday's proceed ings had been examined and found correct.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
Senator Overby of the 33rd 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. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and consideration of general 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 303. By Messrs. Denson and Watson of Dougherty:
A bill to amend an act consolidating the office of Tax Receiver and the office of Tax Collector of Dougherty County; and for other pur poses.
HB 127. By Messrs. Moate of Hancock, Willingham of Cobb and Groover of Bibb:
A bill to amend an act and known as the Vocational Rehabilitation Act, so as to provide for subrogation by the State Board of Vocational Education; and for other purposes.
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JOURNAL OF THE SENATE,
HB 202. By Messrs. Groover of Bibb, Twitty of Mitchell and Ray of Warren:
A bill to amend an act creating the office of Solicitor General Emeritus and creating the Solicitors General Retirement Fund of Georgia; and for other purposes.
HR 18. By Mr. Green of Rabun:
A resolution to designate a bridge as the Dr. Lester Neville Bridge; and for other purposes.
HR 57. By Messrs. Killian and Nightingale of Glynn:
A resolution to designate a position of State Route #32 as the Harrell Highway; and for other purposes.
HB 110. By Messrs. Cheatham, Eyler and Sognier of Chatham:
A bill to amend an act entitled An Act to authorize and empower County Boards of Education to condemn private property for public school purposes; and for other purposes.
HB 206. By Mr. Strickland of Toombs:
A bill to amend an act relating to the return day of the writ of habeas corpus, so as to change the return day; and for other purposes.
HB 119. By Mr. Murphy of Haralson:
A bill to be known as the "Georgia Food Act", relating to foods and drugs; and for other purposes.
HB 103. By Messrs. Groover of Bibb and Twitty of Mitchell:
A bill to amend an act relating to concentrated commercial feeding stuffs, so as to redefine concentrated commercial feeding stuff; and for other purposes.
HB 106. By Mr. Groover of Bibb:
A bill to amend an act relating to the sale of Commercial feed and feeding-stuffs sold in this State; and for other purposes.
HB 269. By Mr. Groover of Bibb:
A bill to amend an act concerning the Creation, Declaration and enforcement of Laborers' and Materialmen's liens; and for other pur poses.
HR 48. By Messrs. Moate of Hancock, Willingham of Cobb and Groover of Bibb:
A resolution authorizing the State Revenue Commissioner to receive amended returns for the first taxable year ending on or after February 15, 1952; and for other purposes.
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283
HB 141. By Messrs. Duke and Massee of Baldwin and Jackson of Jones:
A bill to amend an act relating to the restoration to sanity of insane persons; and for other purposes.
HB 142. By Messrs. Duke and Massee of Baldwin and Jackson of Jones:
A bill to amend an act relating to a commission to examine persons for whom guardianship is sought or committal to the Milledgeville State Hospital is sought; and for other purposes.
HB 122. By Messrs. Lanier of Candler and Smith of Evans:
A bill to amend an act relating to the employment and compensation of a veterinary surgeon or expert; and for other purposes.
HB 100. By Mr. Underwood of Montgomery:
A bill to amend an act relating to the sale, purchase and use1 of drugs of the Sulfanilamide or Sulfonamide group manufactured for use in the control of livestock and poultry diseases; and for other purposes.
SB 9. By Senator Overby of the 33rd:
A bill to amend an act creating the Department of Commerce, so as to provide for the compensation of the Secretary; and for other purposes.
SB 22. By Senators Dean of the 40th and others:
A bill to amend an act entitled "An Act to prevent the spread of hog cholera; and for other purposes.
SB 27. By Senators Dean of the 40th and others:
A bill to provide that all meat, meat products, fish and poultry offered or exposed for sale, or sold, shall be by net weight only; and for other purposes.
SB 24. By Senators Dean of the 40th and Matthews of the 47th:
A bill to amend an act regulating and governing the feeding of garbage to livestock; and for other purposes.
SB 43. By Senator Overby of the 33rd:
A bill to approve an Executive Order of the Governor suspending in part the tax levied against licensees under the act known as the "Georgia Industrial Loan Act"; and for other purposes.
The House has passed, as amended, by the requisite constitutional majority the following bills of the Senate, to-wit:
SB 5. By Senator Overby of the 33rd:
A bill to authorize the state, or any county, municipal corporation, or other political subdivision thereof to sell, lease, grant, exchange or
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JOURNAL OF THE SENATE,
otherwise dispose of any property or interest therein comprising parks, playgrounds, golf courses; and for other purposes.
SB 19. By Senators Matthews of the 47th and Dean of the 40th:
A bill to amend an act to provide for and authorize the Commission of Agriculture to establish farmers' markets in this State; and for other purposes.
The House has adopted the following resolution of the House, to-wit:
HR 136. By Messrs. Perkins of Carroll, Willis of Thomas and others:
A resolution requesting the Georgia Accrediting Commission to set the ADA for an accredited High School at 60 ADA; and for other purposes.
The House has agreed to the Senate Amendment to the following bill of the House, to-wit:
HB 16. By Messrs. Underwood of Bartow and Groover of Bibb:
A bill to amend an act which acts makes provisions for coverage of certain officers and employees of political subdivisions of the State under the Old-Age and Survivors Insurance provisions; and for other purposes.
The following bill and resolutions were introduced, read the first time and referred to committees:
SB 101. By Senator Harden of the 27th:
A bill to create the Georgia Board of Landscape Architects; to pro vide for the regulation and licensing of landscape architects; and for other purposes.
Referred to the Committee on Rules.
SB 102. By Senators Davis of the 42nd, Hollis of the 24th and Overby of the 33rd:
A bill to amend section 114-702 of the 1933 Code of Georgia providing for the appointment of deputies of the State Board of Workmen's Compensation so as to provide for the qualifications of such deputies; and for other purposes.
Referred to the Committee on Industry and Labor.
SB 103. By Senators Davis of the 42nd, Hollis of the 24th and Overby of the 33rd:
A bill to repeal section 54-109 of the 1933 Code of Georgia setting forth the qualifications of the members of the State Board of Work men's Compensation and to enact in lieu thereof another Code Sec tion setting forth other and different qualifications for the members
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285
of the State Board of Workmen's Compensation; and for other pur poses.
Referred to the Committee on Industry and Labor.
SB 104. By Senator Hollis of the 24th:
A bill to repeal the act requiring registration of guests under their true names at tourist camps or like places by whatever name called; and for other purposes.
Referred to the Committee on Health and Welfare.
SB 105. By Senator Ponsell of the 5th:
A bill to amend the act relating to the regulation of the installation of warm air heating equipment so as to provide that counties having a population of not less than 30289 and not more than 30975 inhabi tants according to the United States census of 1950 or any other future United States census shall come within the terms and provisions of said act; and for other purposes.
Referred to the Committee on Judiciary.
SB 106. By Senator Ursrey of the 54th:
A bill to authorize the issuance of revenue anticipation certificates by counties, municipal corporations and political subdivisions for gas and electric facilities as provided in Paragraph V, Section VII, Article VII of the Constitution, provided such certificates are first voted at an election as therein required; and for other purposes.
Referred to the Committee on Industry and Labor.
SB 107. By Senator Millican of the 52nd:
A bill to authorize the transfer to Milledgeville State Hospital without formal commitment of persons enrolled in the Georgia Training School for Mental Defectives; and for other purposes.
Referred to the Committee on Health and Welfare.
SB 108. By Senators Hollis of the 24th, Lovett of the 16th and Millican of the 52nd:
A bill to prohibit officers and departments of the State government from spending budgeted funds for any purpose other than the one for which the fund is allocated by the Director of the Budget or the Finance Commission or appropriated by the General Assembly, without specific prior approval by the Director of the Budget; and for other purposes.
Referred to the Committee on Appropriations.
SB 109. By Senators Hollis of the 24th, Millican of the 52nd and Lovett of the 16th:
A bill to direct the Commissioner of Agriculture to evaluate each of the present farmers' markets that are being operated by the State and to
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determine whether any one or more of them should be closed; to au thorize the closing of markets and the sale or leasing of the closed markets as industrial sites for the purpose of attracting new industries to the communities; and for other purposes.
Referred to the Committee on Agriculture.
SB 110. By Senators Millican of the 52nd, Hollis of the 24th and Lovett of the 16th:
A bill to amend the act creating the State Board of Corrections so that a prisoner who is in the Milledgeville State Hospital at the expira tion of his sentence may be kept there until the Superintendent of the Hospital declares that his sanity has been restored or until the prisoner demands a trial of the question of lunacy and the jury finds him to be of sound mind; and for other purposes.
Referred to the Committee on Health and Welfare.
SB 111. By Senators Hollis of the 24th, Page of the 1st and Davis of the 42nd:
A bill to amend Code Sections in Chapter 49 of the 1933 Code of Geor gia relating to guardians and wards so as to change the provisions of notice and service of the application for appointment; and for other purposes.
Referred to the Committee on Judiciary.
SB 112. By Senators Hollis of the 24th, Page of the 1st and Davis of the 42nd:
A bill to amend Chapter 113 of the 1933 Code of Georgia relating to sales and conveyances by executors, administrators and other fiduci aries so as to provide for the private sale of perishable property or property that is likely to deteriorate or is expensive to keep without a court order or subsequent confirmation by the court; and for other purposes.
Referred to the Committee on Judiciary.
SB 113. By Senators Hollis f the 24th, Page of the 1st and Davis of the 42nd:
A bill to amend Chapter 113 of the 1933 Code of Georgia relating to wills and administrations of estates so as to provide a change in the number of witnesses required to attest a will; and for other purposes.
Referred to the Committee on Judiciary.
SB 114. By Senators Hollis of the 24th, Page of the 1st and Davis of the 42nd:
A bill to amend Chapter 24 of the 1933 Code of Georgia relating to the Court of Ordinary so as to provide that the ordinary may be em powered to issue fi. fas. at any time after the costs become due; and for other purposes.
Referred to the Committee on Judiciary.
SB 115. By Senators Hollis of the 24th, Page of the 1st and Davis of the 42nd:
A bill to provide for an adjudication of the identity of persons entitled
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287
to take property under the laws of descent and distribution of this State; to determine the quantity of interest of such persons; and for other purposes.
Referred to the Committee on Judiciary.
SB 116. By Senators Hollis of the 24th, Page of the 1st and Davis of the 42nd:
A bill to amend Section 49-103 of the 1933 Code of Georgia relating to the appointment, bond and dismissal of a testamentary guardian, so as to provide that the ordinary may require bond and security of guardians appointed by the parent for his child; and for other purposes.
Referred to the Committee on Judiciary.
SB 117. By Senators Hollis of the 24th, Page of the 1st and Davis of the 42nd:
A bill to amend Code Section 113-1505 of the Code of Georgia to creditors to render accounts, so as to change the advertisement require ment; and for other purposes.
Referred to the Committee on Judiciary.
SB 118. By Senator Harper of the 26th:
A bill to abolish city courts in all counties of this state having a population of not more than 23,400 and not less than 22,700, according to the 1950 Federal Census, or any future such census having civil and criminal jurisdiction in such counties concurrent with the superior courts therein; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 119. By Senators Turner of the 34th and Harper of the 26th:
A bill providing that all contracts agreeing for a consideration to furnish ambulance service in the future to any person or class of per sons in this State, shall be construed as health and accident insurance contracts, and be governed by the laws regulating health and accident insurance; and for other purposes.
Referred to the Committee on Industry and Labor.
SR 36. By Senator Raulerson of-the 46th:
A resolution proposing an amendment to the Constitution so as to pro vide for the election of members of the board of education of Pierce County by district; and for other purposes.
Referred to the Committee on County and County Matters.
SR 37. By Senator Steis of the 25th:
A resolution to provide the ordinary of Harris County, Georgia, cer tain enumerated volumes of the Georgia Supreme Court Reports.
Referred to the Committee on Judiciary.
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JOURNAL OF THE SENATE,
HB 100. By Mr. Underwood of Montgomery:
A bill to amend an act relating to the sale, purchase and use of drugs of the sulfanilamide or sulfonamide group manufactured for use in the control of livestock and poultry diseases; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 103. By Messrs. Groover of Bibb and Twitty of Mitchell:
A bill to amend an act relating to concentrated commercial feeding stuffs, so as to redefine concentrated commercial feeding stuff; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 106. By Mr. Groover of Bibb:
A bill to amend an act relating to the sale of commercial feed and feeding stuffs sold in this state; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 110. By Messrs. Cheatham, Eyler and Sognier of Chatham:
A bill to amend an act entitled an act to authorize and empower county boards of education to condemn private property for public school pur poses; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 119. By Mr. Murphy of Haralson:
A bill to be known as the "Georgia Pood Act", relating to foods and drugs; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 122. By Messrs. Lanier of Candler and Smith of Evans:
A bill to amend an act relating to the employment and compensation of a veterinary surgeon or expert; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 127. By Messrs. Moate of Hancock, Willingham of Cobb and Groover of Bibb:
A bill to amend an act known as the Vocational Rehabilitation Act, so as to provide for subrogation by the State Board of Vocational Edu cation; and for other purposes.
Referred to Committee on Health and Welfare.
HB 141. By Messrs. Duke and Massee of Baldwin and Jackson of Jones:
A bill to amend an act relating to the restoration to sanity of insane persons; and for other purposes.
Referred to Committee on Judiciary.
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289
HB 142. By Messrs. Duke and Massee of Baldwin and Jackson of Jones:
A bill to amend an act relating to a commission to examine persons for whom guardianship is sought or committal to the Milledgeville State Hospital is sought; and for other purposes.
Referred to Committee on Judiciary.
HB 202. By Messrs. Groover of Bibb, Twitty of Mitchell and Ray of Warren:
A bill to amend an act creating the office of solicitor general emeritus and creating the solicitors general retirement fund of Georgia; and for other purposes.
Referred to Committee on Judiciary.
HB 206. By Mr. Strickland of Toombs:
A bill to amend an act relating to the return day of the writ of habeas corpus, so as to change the return day; and for other purposes.
Referred to Committee on Judiciary.
HB 269. By Mr. Groover of Bibb:
A bill to amend an act concerning the creation, declaration and en forcement of laborers' and materialmen's liens; and for other purposes.
Referred to Committee on Judiciary.
HB 303. By Messrs. Denson and Watson of Dougherty:
A bill to amend an act consolidating the office of tax receiver and ths office of tax collector of Dougherty County; and for other purposes.
Referred to Committee on Judiciary.
HR 18. By Mr. Green of Rabun:
A resolution to designate a bridge as the Dr. Lester Neville Bridge; and for other purposes.
Referred to Committee on Highways.
HR 48. By Messrs. Moate of Hancock, Willingham of Cobb and Groover of Bibb:
A resolution authorizing the state revenue commissioner to receive amended returns for the first taxable year ending on or after February 15, 1952; and for other purposes.
Referred to Committee on Finance.
HR 57. By Messrs. Killian and Nightingale of Glynn:
A resolution to designate a portion of State Route #32 as the Harrell Highway; and for other purposes.
Referred to Committee on Highways.
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JOURNAL OP THE SENATE,
Mr. Turner of the 34th District, Chairman of the Committee on County and Municipal Governments, submitted the following report:
Mr. President:
Your Committee on County and Municipal Governments has had under con sideration 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 recom mendations :
SB 60. Do Pass, as amended.
HB 178. Do Pass.
HB 179. Do Pass.
Respectfully submitted,
Turner of 34th District,
Chairman.
Mr. Turner of the 34th District, Chairman of the Committee on County and Municipal Governments, submitted the following report:
Mr. President:
Your Committee on County and Municipal Government has had under con sideration 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 232. Do Pass, as amended.
Respectfully submitted,
Turner of 34th District,
Chairman.
Mr. Turner of the 34th District, Chairman of the Committee on County and Municipal Governments, submitted the following report: Mr. President:
Your Committee on County and Municipal Governments has had under con sideration 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 recom mendations :
HB 262. Do Pass.
HB 231. Do Pass.
HB 297. Do Pass.
HB 228. Do Pass.
HB 296. Do Pass.
HB 295. Do Pass.
HB 300. Do Pass.
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291
SB 53. Do Pass. SB 57. Do Pass.
Respectfully submitted, . , Turner of 34th District, Chairman.
Mr. Lovett of the 16th District, Chairman of the Committee on Appropria tions, submitted the following report:
Mr. President:
Your Committee on Appropriations has had under consideration the follow ing bill of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
SB 49. Do Pass, as amended.
Respectfully submitted,
Lovett of 16th District,
Chairman.
Mje. Dean of the 40th 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 recommendation:
SB 32. Do Pass.
Respectfully submitted,
Dean of 40th District,
Chairman.
Mr. Mprrison of the 15th District, Chairman of the Committee on Public Utilities and Transportation, submitted the following report:
Mr. President:
Your Committee on Public Utilities and Transportation 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 114. Do Pass, as amended.
SB 45. Do Pass, as amended.
Respectfully submitted,
Morrison of 15th District,
Chairman.
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JOURNAL OF THE SENATE,
Mr. Clary of the 29th District, Chairman of the Committee on Industries and Labor, submitted the following report:
Mr. President:
Your Committee on Industry and Labor 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 53. Do Pass. SB 40. Do Pass, as amended.
SB 78. Do Pass, by substitute.
SB 39. Do Not Pass.
Respectfully submitted, Clary of 29th District, Chairman.
Mr. Ricketson of the 19th District, Chairman of the Committee on Defense and Veterans Affairs, submitted the following report:
Mr. President:
Your Committee on Defense and Veterans Affairs has had under con sideration the following bill of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
SB 98. Do Pass.
Respectfully submitted,
Ricketson of the 19th District,
Chairman.
Mr. Hollis of the 24th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. President:
Your Committee on Judiciary 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 16- 64a. Do Pass.
HR 17- 64b. Do Pass.
HR 41-110a. Do Pass.
HR 42-110b. Do Pass.
HR 33- 96 f. Do Pass.
HR 28- 96a. Do Pass.
HR 50-130b. Do Pass.
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293
HE 20- 64e. Do Pass. HE 21- 64 j. Do Pass.
Eespectfully submitted, Hollis of 24th District, Chairman.
Mr. Brooks of the 50th District, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs 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:
SE 23.
SB 5.
SB 19.
SB 46.
SB 76. Eespectfully submitted,
Brooks of the 50th District,
Chairman.
Mr. Brooks of the 50th District, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs 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 Governor.
SB 1.
SB 2.
SB 3.
SB 4.
SB 6.
SB 8.
Eespectfully submitted, Brooks of the 50th District, Chairman.
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JOURNAL OF THE SENATE,
The following bills and resolutions, favorably reported by the committees, were read the second time:
SB 32. By Senator Overby of the 33rd:
A bill to regulate the sanitary conditions of meat, poultry and dairy processing plants; to provide for inspections; to provide for rules and regulations; and for other purposes.
SB 39. By Senator McDonald of the 43rd:
A bill to amend the workmen's compensation law relating to medical and other treatment so as to allow the employee to select the attending doctor; and for other purposes.
SB 40. By Senators Neel of the 7th and Overby of the 33rd:
A bill to amend chapter 114 of the code of Georgia so as to change certain provisions relative to the workmen's compensation law; and for other purposes.
SB 45. By Senators Wilkins of the 44th, Matthews of the 47th, Dean of the 40th and Jones of the 23rd:
A bill to make it unlawful to park or leave unattended any vehicle upon the right-of-way of any state highway for over twenty-four (24) hours; to provide the uniform division of the Department of Public Safety with the power to enforce said act; and for other purposes.
SB 49. By Senators McDonald of the 43rd and Overby of the 33rd:
A bill to amend an act providing revenue and a source of revenue for the purpose of paying annuities and benefits to the peace officers of the state of Georgia, (Ga. Laws 1950, p. 50), so as to change the provisions relative to eligibility; and for other purposes.
SB 53. By Senator Ponsell of the Bth:
A bill to repeal an act creating the office of commissioner of roads and revenues of the County of Ware and creating and establishing in lieu thereof a board of commissioners of roads and revenues of the County of Ware; and for other purposes.
SB 57. By Senator Ponsell of the 5th:
A bill to place the sheriff, the clerk of the superior court; and the ordi nary of Ware County on a salary system; and for other purposes.
SB 60. By Senator Shurling of the 21st:
A bill to amend Chapter 23 of the 1933 code of Georgia relating to counties so as to require a performance bond in favor of the state or county or municipal corporation or other public board or body and further to require a payment bond for the use of laborers and materialmen, subcontractors and laborers and materialmen of subcontractors; and for other purposes.
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295
SB 78. By Senators Overby of the 33rd, Ursrey of the 54th and Jones of the 38th:
A bill to amend the unemployment compensation law,by modifying and liberalizing the benefit tables so as to change the weekly benefit amount, qualifications and eligibility for benefits; and for other pur poses.
SB 98. By Senators Harden of the 27th, Davis of the 42nd and Ponsell of the 5th:
A bill to amend the act known as the Georgia Military Forces Re organization Act of 1955 so as to change the description of the flag of the State of Georgia; and for other purposes.
HB 53. By Mr. Bentley of Cobb:
A bill to provide that in all civil cases where the life expectancy of a person shall be an issue, the American Experience Mortality Tables shall be admissible as evidence of the life expectancy of such person.
HB 178. By Mr. Houston of Whitfield and others:
A bill to amend an act entitled "an act to authorize the mayor and council of the City of Dalton to levy a tax for the purpose of estab lishing and maintaining public schools in and for the municipality of Dalton; and for other purposes.
HB 179. By Mr. Houston of Whitfield and others:
A bill to amend an act relating to the charter of the City of Dalton; establishing the corporate limits for the City of Dalton; and for other purposes.
HB 228. By Mr. Chambers of Richmond and others:
A bill to abolish the office of tax receiver and tax collector of Rich mond County; to create the office of Richmond County tax commis sioner; and for other purposes.
HB 231. By Mr. Cheatham of Chatham and others:
A bill to amend the charter of the mayor and aldermen of the City of Savannah, relating to the Savannah civil service system; and for other purposes.
HB 232. By Mr. Williams of Hall and others:
A bill to incorporate the City of Lula in the counties of Hall and Banks; to grant a charter to said city; and for other purposes.
HB 262. By Mr. Foster of Clayton and others:
A bill to amend an act entitled "an act to incorporate the Town of Forest Park"; and for other purposes.
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JOURNAL OF THE SENATE,
HB 295. By Mr. Cornelius of Polk and others:
A bill to amend an act entitled "an act to create a new charter and municipal government for the City of Cedartown; and for other pur poses.
HB 296. By Mr. Cornelius of Polk and others:
A bill to amend an act entitled "an act to create a new charter and municipal government for the City of Cedartown; and for other pur poses.
HB 297. By Mr. Blalock of Clayton and others:
A bill to incorporate the City of Riverdale in the county of Clayton; and for other purposes.
HB 300. By Mr. Groover of Bibb and others:
A bill to approve, ratify and confirm acts of the City of Macon and of its mayor and board of aldermen in closing, vacating and abandoning an alley in the City of Macon situated between and separating lots 2 and 3 in square 20; and for other purposes.
HE 16. By Mr. Coker of Cherokee:
A resolution proposing an amendment to the constitution so as to pro vide for the merger of the Canton Independent School System and the Cherokee County School System into one consolidated school system; and for other purposes.
HR 17. By Mr. Coker of Cherokee:
A resolution proposing an amendment to the constitution so as to abolish the elective office of the county school superintendent of Chero kee County; and for other purposes.
HR 20. By Mr. Greene of Crisp:
A resolution proposing an amendment to the constitution so as to pro vide that the General Assembly shall be authorized to pass a special act or acts to merge the existing independent school system of the City of Cordele and the existing school district in the county of Crisp; and for other purposes.
HR 21. By Mr. Barker of Heard:
A resolution proposing an amendment to the constitution so as to pro vide for the election of members of the Board of Education of Heard County; and for other purposes.
HR 28. By Mr. Watson of Dougherty and others:
A resolution proposing an amendment to the constitution so as to pro vide for the paving of streets in Dougherty County and to authorize the cost thereof to be assessed against the property on each side of such streets; and for other purposes.
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297
HR 33. By Mr. Watson of Dougherty and others:
A resolution proposing an amendment to the constitution so as to authorize the governing authority of Dougherty County to issue and require building permits, to charge fees therefor, to establish a build ing code; and for other purposes.
HR 41. By Mr. Watson of Dougherty and others:
A resolution proposing an amendment to the constitution so as to authorize the City of Albany in Dougherty County to levy a tax not to exceed one mill for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of new industries in or near the city of Albany; and for other purposes.
HR 42. By Mr. Watson of Dougherty and others:
A resolution proposing an amendment to the constitution so as to authorize Dougherty County to levy a tax not exceeding one mill on all of the taxable property in the county; to provide for the submis sion of this amendment for ratification or rejection; and for other purposes.
HR 50. By Mr. Cornelius of Polk:
A resolution proposing an amendment to the constitution so as to pro vide for the election of the county school superintendent of Polk County by the people instead of the county board of education; and for other purposes.
The following local uncontested bills were read the third time and put upon their passage:
SB 85. By Senator Matthews of the 47th:
A bill to consolidate the offices of tax receiver and tax collector of Colquitt County into the office of tax commissioner 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.
SB 86. By Senator Millican of the 52nd:
A bill to apply only to counties having a population of not less than 300,000 by the last or any future decennial census of the United States to direct the commissioner of roads and revenues to pay to the Board of Education all commissions which have been retained by the tax commissioner upon the collection of county school taxes and paid over to the commissioners of roads and revenues; and for other purposes.
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JOURNAL OF THE SENATE,
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 87. By Senator Millican of the 52nd:
A bill to amend the act creating a joint city-county board of tax assessors in all counties having within its borders all or the greater part of the population of 300,000 or more, according to the 1950 or any future United States census so as to provide compensation for the members 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 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 91. By Senators Millican of the 52nd and Turner of the 34th:
A bill to amend an act creating a new charter for the City of Atlanta allowing the mayor and board of aldermen to pay to each member of the police department the sum of $100.00 per year in addition to all other compensation in lieu of the charter provision requiring the city to provide uniforms; and for other purposes.
The report 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 92. By Senator Lovett of the 16th:
A bill to amend an act creating a new charter for the City of Dublin, Laurens County, so as to change the date of the regular city election, to provide that no person's name shall be placed on the regular city election ballot who is nominated in any political party primary for said city; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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299
HB 120. By Messrs. Murr and Jones of Sumter: A bill to create the charter for the City of Americus; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.-
The bill, having received the requisite constitutional majority, was passed.
HB 123. By Messrs. Pickard, Young and Nilan of Muscogee: A bill vesting in the City of Columbus power and authority to sell and convey certain 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 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 125. By Mr. Brown of Telfair: A bill to amend an act creating the city charter of McRae; and for other purposes.
The report 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 150. By Messrs. McKenna, Carlisle and Groover 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 158. By Messrs. Duke and Massee of Baldwin: A bill to authorize the governing authority of Baldwin County to pro vide for zoning and planning; to authorize joint operation with the city of Milledgeville; and for other purposes.
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The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 160. By Messrs. Birdsong and Lam of Troup:
A bill to amend an act entitled "an act to create a new charter for the City of West 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 165. By Messrs. Duncan and Perkins of Carroll:
A bill to amend the charter of the City of Villa Rica, by extending the city limits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 166. By Messrs. Duncan and Perkins of Carroll:
A bill to surrender the charter of the Town of Fullerville; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 44, nays 0.
The bill, having received the requisite constitutional majority was passed.
HB 200. By Messrs. Nightingale and Killian of Glynn:
A bill to amend the charter of the City of Brunswick; and for other purposes.
Senator Hopkins of the 4th offered the following amendment:
Amend HB 200 by striking from the title of the bill the words and figures:
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301
"Prom and after January 1, 1959" and by striking from Sec tion 3 of said Bill the last sentence of said section reading:
"The provisions of this Section of this Act shall not become effective until January 1, 1959, and thereupon, but not until then, Section 2 of an Act entitled 'An Act to amend the charter of the City of Brunswick, Georgia - x x x; and for other purposes,' ap proved February 17, 1950, shall become null and void and repealed."
On the adoption of the amendment, the ayes were 39, nays 0, and the amend ment 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 201. By Mr. Ivey of Newton:
A bill to abolish the office of county 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 39, 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 consider ing a House amendment thereto:
SB 5. By Senator Overby of the 33rd:
A bill to authorize the state, or any county, municipal corporation or other political subdivision thereof to sell, lease, grant, exchange or otherwise dispose of any property or interest therein comprising parks, playgrounds, golf courses, swimming pools, or other property which has been dedicated to a public use for any purpose; and for other purposes.
The House amendment was as follows:
Mr. Freeman of Monroe:
Am. #1
Mr. Freeman of Monroe moves to amend SB 5 by adding in the appropriate place "All state property required to be advertised under this bill shall also be advertised in two additional newspapers of gen eral circulation in this State.
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Am. #2
Mr. Twitty of Mitchell moves to amend SB 5 by adding a new paragraph to be appropriately numbered as follows: "Provided, how ever, that the selling or disposing authority shall have the right to reject all bids in the event the high bid shall prove unsatisfactory for any reason, and said property shall then be readvertised and disposed of under the provisions above set out".
Am. #3
Messrs. Smith of Emanuel and Twitty of Mitchell move to amend SB 5 by adding a new section to be appropriately numbered as follows:
"Provided, however, that any lease under this Act shall be for a period not to exceed 5 years."
Am. #4
Mr. Groover of Bibb moves to amend SB 5 as follows:
By striking from Section 1 thereof in the seventh line the words "said city", and by substituting in lieu thereof the words: "the state, county, city, or other political subdivision thereof."
Am. #5
Mr. Groover of Bibb moves to amend SB 5 in the following respects:
(1) By striking the words "any purpose" in line six of the caption and inserting in lieu thereof the words "recreational or park purposes".
(2) By striking the words "any purpose" in line seven of Section 1 and inserting in lieu thereof the words "recreational or park purposes".
(3) By striking the words "any purpose" in line eight of Sec tion 1 and inserting in lieu thereof the words "recreational or park purposes".
Am. #6
Mr. Watson of Dougherty moves to amend SB 5 by adding a new section thereto to be appropriately numbered and to read as follows:
"Any sale, lease, grant, exchange or other disposal of any property under the provisions of this Act shall be made only after advertising such sale in the newspaper in which Sheriff's adver tisements are published for the county in which the land to be disposed of lies, once a week for four weeks. Such advertisements shall describe the property, shall state the manner of disposition to be made, shall specify the time and place of such disposition, and shall state that same will be made to the highest bidder. In the event the property to be sold shall lie in more than one county, such advertisements shall be run once a week for four weeks in the newspapers in which sheriff's advertisements are published for all such counties. All sales and other dispositions made under the provisions of this Act shall be made to the highest and best bidder for cash after advertisement as herein provided."
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303
Senator Overby of the 33rd moved that the Senate disagree to the House amendment and that a committee of conference be appointed.
The motion prevailed and the Senate appointed as a committee of confer ence on the part of the Senate:
Senators Matthews of the 47th, Overby of the 33rd and Clary of the 29th.
The following resolution of the House was read and adopted:
HR 136. By Messrs. Perkins of Carroll, Willis of Thomas and others:
A resolution requesting the Georgia Accrediting Commission to set the ADA for an accredited high school at 60 ADA; and for other purposes.
Senator Harper of the 26th asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Industry and Labor, read the second time and recommitted:
SB 96. By Senators Harper of the 26th, Hollis of the 24th, Brooks of the 50th and others:
A bill to define and regulate the business of representing insurers other than those transacting life, health, accident, hospital, medical service and tital insurance and bail bonding by individual sureties; and for other purposes.
The consent was granted.
SR 21. By Senator Millican of the 52nd:
A RESOLUTION
Proposing to the qualified voters of the State of Georgia an amend ment to Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia of 1945, so as to authorize the issuance of revenue anticipation certificates.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA AS FOLLOWS:
SECTION 1.
That Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia of 1945, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to-wit:
And, except that the City of Atlanta for the purpose of (a) improving, repairing, constructing and reconstructing, making ad ditions, extensions, alterations, or improvements in its Water Works System, and acquiring the necessary property therefor; and (b) improving, repairing, purchasing, installing and constructing in cinerators or crematories for the disposal of garbage, refuse and waste, by its Sanitary Department, and acquiring the necessary
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property therefor, either or both, may, from time to time, issue interest bearing revenue certificates to be paid solely out of the revenues derived from Water or Sanitary service charges respec tively, and to provide for the payment of said revenue certificates by setting aside in special funds to be known as "Water Works Department Revenue Fund" and "Sanitary Department Revenue Fund", a sufficient sum, not to exceed thirty (30%) per centum of the annual charges, fees and taxes received from the water and sanitary service charges respectively, to retire the certificates. Said percentages shall be based upon the total annual receipts from each of said services for the year previous to the issue. Said cer tificates may be issued in one or more series, bearing such date or dates, maturing at such time or times not exceeding twenty (20) years from their respective dates; with interest at such rate or rates, not exceeding five (5%) per centum per annum, payable at such time or times, and in such medium of payment at such place or places, and in such denomination or denominations and form, either coupon or registered, and may carry such registration, con version and exchangeability privileges, and may be subject to such terms of redemption with or without premium, and to become due before the maturity date thereof, and be executed in such manner and contain such terms, covenants, assignments and conditions as the resolution authorizing the issuance of such certificates may provide. Said certificates shall not be sold for less than par value. Said certificates shall be negotiable for all purposes and shall be non-taxable for any and all purposes. They shall be issued when authorized by a majority vote of the Mayor and Board of Alder men, and signed by the Mayor and Comptroller of the City of Atlanta, and validated pursuant to the existing laws for validation of bonds and when so validated thereunder shall be forever incon testable and conclusive. Before issuing any such revenue certifi cates the Mayor and Board of Aldermen shall provide by resolution for the allocation of a percentage of the anticipated receipts neces sary to pay said certificates as they mature from the particular service from which the certificates are to be paid for the year in which they mature, and as said funds are received they shall be deposited in said special funds, without deduction, for the benefit of any other department or fund of the City of Atlanta and used solely for payment of the principal and interest of said certificates. Said revenue certificates shall not be payable from or charged upon any funds other than the revenue pledged to the payment thereof, nor shall the City of Atlanta be subject to any pecuniary liability thereon, nor shall any such certificates constitute a charge, lien or incumbrance upon any of its property. The obligation cre ated by said certificates shall not be construed as a debt within the restriction as to debt limit of this paragraph.
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 "Ayes" and "nays" thereon, and published as required by Article XIII, Section I, Paragraph I of the Constitution of the State of Georgia of 1945, as amended, for two months previous to the time for holding the next general election, at which proposed amend ments to the Constitution of this State may be voted on, and shall at
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305
said next general election be submitted to the people, as provided in said article, section and paragraph, for ratification. All persons vot ing 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 of the State of Georgia of 1945, so as to authorize the issuance of revenue anticipation certificates", and all persons opposed to the adopting of said amendment shall have written or printed on their ballots the words, "Against ratification of amend ment to Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia of 1945, so as to authorize the issuance of revenue anticipation certificates", and if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the results shall be consolidated as now required by law in election for members of the General Assembly, the said amendment shall become a part of Article VII, Section VII, Para graph I of the Constitution of the State of Georgia of 1945, and the Governor shall make a proclamation therefor, as provided by law.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
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:
Ayers Blalock Brooks Chance Clary Coffin Dean Dews Dykes Florence Garrett Harden Harper Harrison Hollis Hopkins
Housley Jones, 18th Jones, 23rd Kelly Lambert Mann Matthews McBride McDonald Millican Morrison Neel Overby Page Parker Ponsell
Raulerson Reynolds Richardson Ricketson Roop Seagraves Shurling Steis Strickland Toms Turner Waters Wetherington Wilkins Wood Zellner
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 48, nays 0.
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
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SR 22. By Senator Millican of the 52nd:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the extension of terms of the grand jury of Pulton County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article VI, Section XVI, Paragraph II of the Constitution, relating to jurors, is hereby amended by adding at the end thereof the fol lowing :
"The term of any grand jury of the County of Fulton may be extended as hereinafter provided. If at least two-thirds of the judges of the superior court of the Atlanta Judicial Circuit decide that any matter which any grand jury is investigating and study ing is of such importance as to need further investigation and study, such judges may authorize that grand jury to be continued for the purpose of investigating and studying that particular matter. This shall not affect the impaneling of another grand jury at the regular time. Any judge of the superior court of the Atlanta Judicial Circuit is hereby authorized to dissolve any grand jury, the term of which has been continued as hereinbefore provided."
SECTION 2.
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 branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Gov ernor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended. Such pro posed amendment shall be submitted as provided in said Paragraph.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to Constitution so as to au thorize the extension of the terms of the grand juries of Fulton County."
"Against ratification of amendment to Constitution so as to authorize the extension of the terms of the grand juries of Fulton County."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per sons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this
TUESDAY, JANUARY 31, 1956.
307
State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
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:
Ayers Blalock Brooks Chance Clary
Coffin Dean ,. Dews Dykes Florence Garrett Harden Harper
Harrison Hollis Hopkins Housley
Jones, 18th Jones, 23rd Kelly Lambert Mann
Matthews McBride McDonald Millican Morrison Neel Overby Page
Parker Ponsell Raulerson Reynolds
Richardson Ricketson Roop Seagraves Shurling
., Steis Strickland Toms Turner Warnell Waters Wetherington Wilkins
Wood Zellner
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 48, nays 0.
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
SR 28. By Senator Richardson of the 13th:
A RESOLUTION
Proposing to the qualified voters an amendment to the Constitu tion so as to provide for the election of the members of the Board of Education of Macon County by the people; to provide for date of elec tions; to provide for terms of office; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article VIII, Section V, Paragraph 1 of the; Constitution, relating
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to county boards of education, is hereby amended by adding at the end thereof the following:
'The County Board of Education of Macon County shall be composed of five members, who shall be elected by the people of said county. Not less than five nor more than ten days after the date of the ratification of this amendment, the Ordinary of Macon County shall issue a call for an election for the purpose of electing the members of the county board of education. The date of such election shall be fixed to be held on a date not less than twenty nor more than thirty days from the date of the call thereof. The date and purpose of such election shall be published in the official organ of Macon County once a week for two weeks immediately preceding the date of the election. The five persons receiving the highest number of votes at said election shall take office January 1, 1957, and their terms shall expire December 31, 1960. Their successors and all future successors shall be elected at the general election in the year in which their terms of office expire, and they shall take office on January 1 following their election. The term of office shall be for four years and until their successors are elected and qualified. Should a vacancy occur on said board, the remaining members shall elect a person to fill the unexpired term. The members of the board shall be elected from that portion of the county not embraced within the territory of an independent school district."
SECTION 2.
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 branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Gov ernor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejec tion to the electors as provided in said paragraph of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide for the election of the members of the Board of Education of Macon County by the people."
"Against ratification of amendment to the Constitution so as to provide for the election of the members of the Board of Edu cation of Macon County by the people."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per sons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If the people shall ratify such amendment by a majority of the electors qualified to vote voting thereon, such amendment shall become a part of the Constitution of this State. The returns of the election
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309
shall be made in like manner as returns for elections for members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and 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:
Ayers Blalock Brooks Chance Clary Coffin Dean Dews Dykes Florence Garrett Harden Harper Harrison Hollis Hopkins Housley
Jones, 18th Jones, 23rd Kelly Lambert Mann Matthews McBride McDonald Millican Morrison Neel Overby Page Parker Ponsell Raulerson Reynolds
Richardson Ricketson Roop Seagraves Shurling Steis Strickland Toms Turner Warnell Waters Wetherington Wilkins Wood Zellner
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 48, nays 0.
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
The following general bills were read the third time and put upon their passage:
SB 35. By Senators Blalock of the 36th, McBride of the 10th, Morrison of the 15th and others:
A bill to comprehensively and exhaustively revise, supersede and con solidate the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners; and for other purposes.
Senators Blalock of the 36th, Morrison of the 15th, Dews of the 9th, Jones of the 38th, Brooks of the 50th, Overby of the 33rd and McBride of the 10th offered the following substitute:
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A BILL
To be entitled an Act to comprehensively and exhaustively revise, supersede and consolidate the laws relating to the State Board of Cor rections and to prisons, public works camps and prisoners; to repeal Chapter 77-2 of the Code relating to misdemeanor prisoners; to repeal Chapter 77-3 of the Code, and all amendments thereto, relating to the Board of Corrections and prisons and prisoners; to amend 27-2510 of the Code relating to successive sentences, so as to provide when sentences shall be served successively or concurrently; to amend 27-2506 of the Code relating to the punishment for misdemeanors, so as to provide where such sentences shall be served; to amend 27-2515 of the Code so as to provide that deputy wardens may be present at executions in lieu of the warden; to provide for the creation of a State Board of Corrections and to define its powers, duties, com pensation, expenses and manner of selection; to provide for a Director of Corrections and define his manner of selection, powers, duties, ex penses and compensation; to provide for rules and regulations; to pro vide for classification and segregation of prisoners according to race, age, diseased prisoners, first offenders, habitual criminals, mentally diseased inmates and incorrigibles; to provide for the assignment and placement of prisoners, both misdemeanor and felony, by the Director of Corrections; to provide for the care, maintenance and upkeep of prisoners; to authorize the establishment by counties of public works camps subject to approval and supervision of the State Board of Cor rections; to provide for wardens, guards and other personnel, and define their qualifications powers, and terms of employment; to pro vide for their removal; to limit the hiring out of prisoners to govern mental bodies; to prohibit the sale of prison made goods except in stated circumstances; to provide misdemeanor punishment for viola tion of the laws relating thereto; to provide for regular arid extra good time allowances; to provide for monthly reports; to provide for inquests, to provide for court orders relative to appearance in court of prisoners as witnesses and criminal defendants to provide that existing rules and regulations of the State Board of Corrections not in conflict with this Act shall be continued of force and effect; to provide a sever ability clause; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. It is the intent and purpose of this Act to supersede all previous laws of this State relating to the organization, powers and duties of the State Board of Corrections and to prisons, public works camps and prisoners, and to provide a comprehensive revision of laws relating thereto.
Section 2. The following laws and Acts are hereby repealed but in no case or event shall any prior Acts or laws previously repealed be hereby restored, revised, or re-enacted:
1. Chapter 77-2 of the Code of Georgia of 1933, as amended, relating to misdemeanor convicts.
2. That Act of the General Assembly approved August 14, 1914 (Ga. Laws 1914, p. 87) relating to the working of county prisoners on the streets in certain cities.
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311
3. That Act of the General Assembly approved March 10, 1933 (Ga. Laws 1933, p. 122) relating to the prohibition against working of felony or misdemeanor prisoners in certain counties.
4. That Act of the General Assembly approved February 12, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 352) relating to the name given to public works camps.
5. Chapter 77-3 of the Code of Georgia of 1933, as amended, which Chapter relates to the Prison Commission and the control of convicts and other matters relating to prisons and prisoners.
6. That Act of the General Assembly approved August 12, 1910 (Ga. Laws 1910, p. 130) relating to employment of nurses in certain county jails in this State.
7. That Act of the General Assembly approved February 24, 1933 (Ga. Laws 1933 p. 123) relating to the appointment and removal of wardens in certain counties in this State.
8. Chapter 77-4 of the Code of Georgia of 1933, relating to insane convicts, escapes, guards, sales of goods to prisoners, loiter ing, and arrests.
9. That Act of the General Assembly approved March 30, 1937 (Ga. Laws 1937, p. 483) relating to members of the Prison Commission.
10. That Act of the General Assembly approved March 3, 1937 (Ga. Laws 1937, p. 484) relating to the sale of prison-made goods.
11. That Act of the General Assembly approved March 3, 1937 (Ga. Laws 1937, p. 758) relating to the Prison Commission and the direction and control of convicts.
12. That Act of the General Assembly approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 200) relating to the Prison and Parole Commission.
13. That Act of the General Assembly approved January 24, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 195) relating to the Penal Administration Board.
14. That Act of the General Assembly approved February 12, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 202) relating to ex-officio membership on the Prison Commission.
15. That Act of the General Assembly approved March 21, 1939 (Ga. Laws 1939, p. 106) relating to the Board of Penal Cor rections.
16. That Act of the General Assembly approved March 18, 1939 (Ga. Laws 1939, p. 134) relating to the election of members of the Prison and Parole Commission.
17. That Act of the General Assembly approved February 19, 1941 (Ga. Laws 1941, p. 273) relating to records and files of the Prison Commission and segregation of prisoners.
18.. That Act of the General Assembly approved February 19,
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1941 (Ga. Laws 1941, p. 292 relating to creation of the office of State Superintendent of Farms and defining its powers and duties.
19. That Act of the General Assembly approved February 2, 1943 (Ga. Laws 1943, p. 210) relating to the State Board of Prisons.
20. That Act of the General Assembly approved October 6, 1943 (Ga. Laws 1943, Ex. Sess., p. 2) creating a State Department of Corrections and defining its powers, duties and authority.
21. That Act of the General Assembly approved February 1, 1946 (Ga. Laws 1946, p. 46) creating the State Board of Correc tions and defining its powers, duties and compensation.
22. That Act of the General Assembly approved March 20, 1943 (Ga. Laws 1943, p. 359) relating to the segregation and assignment of prisoners.
23. That Act of the General Assembly approved February 24, 1943 (Ga. Laws 1943, p. 566) relating to segregation of youthful convicts.
24. That Act of the General Assembly approved February 25, 1949 (Ga. Laws 1949, p. 1236) relating to the compensation of members of the State Board of Corrections.
25. That Act of the General Assembly approved February 21, 1951 (Ga. Laws 1951, p. 787) relating to insane prisoners.
26. That Act of the General Assembly approved February 25, 1949 (Ga. Laws 1949, p. 1131) relating to the sale of goods pro duced under jurisdiction of the State Board of Corrections and the disposition of funds arising therefrom.
27. That Act of the General Assembly approved March 4, 1943 (Ga. Laws 1943, p. 450) relating to the segregation of first offenders.
28. That Act of the General Assembly approved March 8, 1945 (Ga. Laws 1945, p. 268) relating to prosecution of prisoners for crimes committed while in prison and inquests held with respect to prisoners killed while in prison.
29. That Act of the General Assembly approved February 5, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 14) relating to the assign ment of prisoners.
30. That Act of the General Assembly approved February 10, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 26) relating to county public works camp.
31. That Act of the General Assembly approved February 15, 1952 (Ga. Laws 1952, p. 250) relating to the subsistence of the Director of the State Board of Corrections.
32. That Act of the General Assembly approved December 17, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 188) relating to the furnishing of records of prisoners by the Superior Court Clerks.
33. That Act of the General Assembly approved December 12,
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313
1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 100) relating to the assignment of prisoners in buildings deemed fire hazards, and assignment and classification of prisoners convicted of crimes in volving sexual perversion.
34. That Act of the General Assembly approved December 22, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 407) relating to bonds required of wardens.
35. Section 77-9907 of the Code of Georgia of 1933 relating to the offense of violating any provisions of Chapter 77-3 of the Code.
36. Section 77-9908 of the Code of Georgia of 1933 relating to the offense of hiring out convicts to private persons or corporations.
37. Section 77-9909 of the Code of Georgia of 1933 relating to the offense of violating any of the provisions of Chapter 77-4.
38. Section 27-2504 of the Code of Georgia of 1933, providing for the form of sentences involving penitentiary imprisonment.
39. Section 27-2522, 27-2523 and 27-2524 of the Code of Geor gia of 1933, all of which relate to the disposition of convicted prisoners after sentencing.
40. Section 23-1802 of the Code of Georgia of 1933 relating to the joint establishment by two or more counties of public works camps.
41. Sections 92-1717 and 95-1718 of the Code of Georgia of 1933 relating to the use of convict labor by the State Highway Department.
42. Section 27-2914 of the Code of Georgia of 1933 relating to disposition of funds arising from the hiring out by counties of convicts.
43. That Act of the General Assembly approved March 10, 1933 (Ga. Laws 1933, p. 243) relating to the salaries of wardens, guards and physicians to certain counties.
44. Chapter 38-20 of the Code of Georgia of 1933, which Chapter relates to convicts as witnesses in civil cases.
45. The provisions of Chapter 77-99 of the Code of Georgia of 1933, relating to penal offenses, which are not expressly repealed by this section, are hereby continued of force and effect.
Section 3. Section 27-2510 of the Code of Georgia of 1933 relating to successive sentences, is hereby repealed and the following substituted in lieu thereof:
"Section 27-2510. (a) Where at one term of court a person is convicted on more than one indictment or accusation, or on more than one count thereof, and sentenced to imprisonment, such sentence shall be served concurrently unless otherwise expressly provided therein.
(b) Where a person is convicted on more than one indictment or accusation at separate terms of court, or in different courts,
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and sentenced to imprisonment, such sentences shall be served con secutively, the one after the other, unless otherwise expressly pro vided therein.
(c) This section shall apply alike to felony and misdemeanor offenses."
Section 4. Section 27-2506 of the Georgia Code of 1933 relating to the punishment for misdemeanors is hereby repealed, and the fol lowing substituted in lieu thereof:
"Section 27-2506. Except where otherwise provided, every
crime declared to be a misdemeanor shall be punishable by a fine
not to exceed $1,000, confinement in the county or other jail not
to exceed twelve months in some institution under the jurisdiction
of the State Board of Corrections, any one or more of these punish-
:
ments in the discretion of the judge."
Section 5. Pursuant to Article V, Section V, Paragraph I of the Constitution of Georgia of 1945, there is hereby created a State Board of Corrections composed of five members appointed by the Governor with the consent of the Senate. The first appointment shall be for terms of one, two, three, four and five years respectively, and their successors shall be appointed for terms of five years each and until their successors are duly appointed and qualified. Said members shall receive no salary, but shall receive the sum of $20.00 per day for each day of actual attendance at meetings of the Board or on tours of inspec tion, in addition to actual expenses incurred in connection therewith, and actual cost of transportation to and from the place of meeting or place of visits and inspection of the respective institutions of the penal system of the State by the nearest practical route from their respective homes, such expenses to be paid from funds appropriated to the Department of Corrections upon the presentation of vouchers by the members of said Board, approved by the Chairman and signed by the Secretary.
Section 6. Nothing herein shall be construed as affecting the term of office of the present members of the Board of Corrections, the Director thereof, or of any other official or employee, but such persons shall serve out the remainder of their respective terms as provided by law prior thereto.
Section 7. The State Board of Corrections shall meet once each month in the office of the Director of Corrections, unless in the dis cretion of a majority of the Board, it is necessary or convenient to meet elsewhere to carry out the duties of the Board. Special meetings may be held at such times and places as shall be specified by the call of the Chairman of the Board or by the Director of Corrections. The Secretary of the Board shall give written notice of the time and place of all meetings of the Board to each member of the Board and to the Director of Corrections. Meetings of the Board shall be open to the public. The Board may, however, hold executive sessions whenever it, in its discretion, deems advisable. Three members of the Board shall constitute a quorum for the transaction of business.
Section 8. The State Board of Corrections shall annually elect one of its members as chairman, and shall elect one of its members as chairman, and shall elect from its membership a secretary of the Board.
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The secretary of the Board shall keep adequate records and minutes of all business and official acts of the Board. Records of the Board shall be maintained in the office of the Director of Corrections.
' Section 9. The State Board of Corrections shall elect a Director of Corrections who shall be the executive officer of the Board, and shall hold office at the pleasure of the board. The Director shall re ceive a subsistence allowance of $2,000 per annum, payable monthly, and shall be paid a salary of $9,000 annually, payable monthly. The Di rector shall direct and supervise all the administrative activities of the State Board of Corrections, and shall attend all meetings of the State Board of Corrections. The Director shall also make, publish and furnish to the General Assembly and the Governor annual reports regarding the work of the Sfcate Board of Corrections, and such special reports as he may consider helpful in the administration of the penal system, or as may be directed by the State Board of Corrections. The Director shall perform such other duties and functions necessary, or desirable, to carry out the intent of this law, and which he may be directed to perform by the State Board of Corrections.
Section 10. The Director of Corrections, with the consent and ap proval of the State Board of Corrections, is hereby authorized to ap point and employ such clerical force as is necessary to carry on the administration of the penal system, and such . experts and technical help as needed, assistants to the Director, wardens and guards, and other employees necessary for the operation of the State-operated in stitutions where prisoners are confined. The Director shall establish and maintain in his office a complete roster of all employees in the office of the Director and for each of the various institutions operating under the authority of the Board.
Section 11. (a) The State Board of Corrections is hereby author ized to adopt, establish and promulgate rules and regulations govern ing the transaction of business of the penal system of the State by the State Board of Corrections, by the Director of Corrections and the administration of the affairs of the penal system in the different penal institutions .coming under its authority and supervision, and shall make said institutions as self-supporting as possible.
(b) The State Board of Corrections shall adopt rules governing the assignment, housing, working, feeding, clothing, treatment, dis cipline, rehabilitation, training and hospitalization of all prisoners com ing under its custody.
(c) The Board shall also adopt rules and regulations governing the conduct and the welfare of employees of the State institutions operating ;under its authority and in the county public works camps and State highway camps operating under its supervision, and shall also prescribe the working hours and conditions of work for employees in the office of the Director of Corrections and institutions operating under the authority of the Board.
Section 12. All rules and regulations enacted by this Board, under the authority of this Act, shall be reasonable.
.Section 13. (a) The State Board of Corrections shall have no authority, jurisdiction or responsibility with respect to jail sentences, and the county wherein such jail sentence is imposed shall have the
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sale responsibility of seeing that such sentence is executed and providing for the care, maintenance and upkeep of such prisoner while so serv ing. Where a prisoner receives a sentence providing for service of time in a jail and in addition, service of time in an institution desig nated by the Board as hereafter provided, such jail sentence shall be served first in point of time.
(b) Where any person shall be convicted of any offense, misde meanor or felony, and sentenced to serve time in any penal institution in this State other than in a jail as hereinbefore provided, the Director of Corrections, with the approval of the State Board of Corrections, shall have and exercise sole authority in assigning such prisoner to a prison or public works camp in this State, any thing in such sentence to the contrary notwithstanding. Said Director, with the approval of the State Board of Corrections, shall also have sole authority to trans fer prisoners from one prison or public works camp in this State to any other institution operated by or under the jurisdiction of the State Boards of Corrections. Neither the Director, nor the Board, shall have authority to assign male or female prisoners to serve in any manner in a county jail.
(c) Immediately upon the imposition of such a sentence as provided in paragraph (b) of this section, and after all appeals or other mo tions have been disposed of so that said conviction has become final, the clerk of the court shall immediately notify the Director of Correc tions of the sentence, and shall forthwith dispatch therewith, by mail, a complete history of such person upon forms provided by the Director. Such history shall include a certified copy of the indictments, accusa tion, or both, a certified copy of sentence, and such other information as the Director may require. For such service, the clerk shall receive a fee of $1.00 from funds of the county, except where such clerk is on a salary.
(d) Within a reasonable time thereafter, the Director of Correc tions shall assign such prisoner to a penal institution designated by him. If such prisoner was assigned to a State prison or other institu tion, it shall be the duty and financial responsibility of such prison or institution to provide for the picking up and transportation, under guard, of such prisoner to his assigned place of detention. If such prisoner was assigned to a county public works camp, such county shall assume such duty and responsibility.
(e) It shall be the responsibility of the governmental unit, sub division or agency having the physical custody of a prisoner to main tain such prisoner, furnishing food, clothing, and any needed medical and hospital attention therefore, defending any habeas corpus or other proceedings instituted by or on behalf of such prisoner, and bearing all expenses relative to any escape and recapture, including the ex penses of extradition.
Section 14. (a) The Board of Corrections shall provide for the classification and segregation of prisoners with respect to race, age, first offenders, habitual criminals and incorrigibles, diseased inmates, mentally diseased inmates, and those having contagious, infectious and incurable diseases. Incorrigible prisoners in county public works camps shall be returned to the State Board of Corrections at the request of the proper county authority.
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317
(b) The Board may establish separate camps, prisons, branches, or other similar institutions for the segregation and care of juvenile offenders. The Director may transfer any juvenile under 18 years of age from the penal institution in which he or she is serving to the State Training School for Boys or Girls, as the case may be, provided that such transfer is approved by the governing authorities of such Training School, and provided further, that said juvenile may be re turned to the custody of the Director of Corrections when the govern ing authority of the Training School determines that the juvenile is unsuited to be dealt with therein.
(c) Women prisoners shall be removed from proximity to the men's prison, and shall not be confined in a county public works camp or other county facility except with the express approval of the State Board of Corrections in writing.
(d) The State Board of Corrections is authorized to transfer men tally diseased inmates from the Georgia State prisons or other institu tions operating under its authority to the criminal ward or facility of the State Hospital for the Insane at Milledgeville, Georgia; provided the inmate is adjudged to be mentally diseased to such extent that his transfer is found to be advisable by a board of examining physicians created by executive order of the Governor. Said prisoner shall remain at said hospital until the Superintendent thereof declares that his sanity has been restored, at which time said prisoner shall be returned to the custody of the Board of Corrections, or such prisoner shall be released from said hospital upon expiration of his sentence according to law, where such sentence expires before restoration of sanity.
(e) The State Board of Corrections may transfer any inmate af flicted with active tuberculosis from the Georgia State prisons, any county public works camps, or any other institution operating under the authority of the State Board of Corrections, to a tubercular ward or facility, specially provided and maintained for criminals by the Board of Corrections at a tuberculosis facility or facilities operating under the State Department of Public Health.
Section 15. (a) Whipping of inmates and all forms of corporal punishment shall be prohibited. All shackles, manacles, picks, leg irons, and chains shall be barred from use by any correctional institu tion, public works camp, highway camp, or other institution of con finement operated under authority of the State Board of Corrections. In transferring prisoners from one locality to another, manacles may be used where necessary to restrain or prevent the prisoner's escape. The wearing of stripes shall not be required, but may be used as punish ment for violation of prison rules and regulations for such time as the State Board of Corrections or the Director of Corrections may direct.
(b) The State Board of Corrections shall restrict punishment for infraction of correctional rules and regulations to isolation and re stricted diet, or uniform standard humane punishment which the Board may deem necessary for the control of prisoners.
Section 16. (a) Subject to provisions hereinafter stated, any county may purchase, rent, establish, construct and maintain a public works camp for the care and detention of all prisoners assigned to it by the State Board of Corrections, and such county may contract with other counties relative to the joint care, upkeep and working of such
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prisoners in said counties, and said counties may each pay their pro rata share of such expense by taxes assessed and levied as now pro vided by law.
(b) All public works camps established by the counties as herein provided shall be subject to supervision and control by the State Board of Corrections, and said Board shall promulgate rules and regulations governing the administration and operation thereof.
(c) Each county establishing a county public works camp which complies with the rules and requirements established by the Board of Corrections and is approved by such Board shall receive a quota of prisoners in accordance with such methods of apportionment as may be established by said Board. The State Board of Corrections is hereby given the authority to withdraw all prisoners from any camp which does not at any time meet the requirements of the Board or comply with its directions.
Section 17. The State Board of Corrections shall prescribe by rule and regulation the required plans and specifications defining the size and type of construction and materials to be employed in all prisons and county public works camps constructed in the future. Said specifi cations to require that such buildings be as nearly free from fire hazards and as nearly escape proof as is possible under all circumstances. A certificate of approval from the State Fire Marshal shall be con clusive as to the acceptability of all old prison buildings or old public works camps from a standpoint of fire hazard. No county shall estab lish a public works camp until its establishments and the plans and specifications thereof have been approved by the Board.
Section 18. The State Board of Corrections shall by rule and regulation define the qualifications for wardens, guards, and other per sonnel employed in the prisons and county public works camps. The wardens of the various public works camps shall be appointed by the governing authority of the county, subject to approval of the State Board of Corrections, and shall serve at the pleasure of the county or the State Board of Corrections.
Section 19. Any guard, warden, or deputy warden of any prison or public works camp operated under the jurisdiction of the State Board of Corrections, shall have all powers of a police officer of this State, including but not limited to, the power to make summary arrests for violations of any of the criminal laws of this State, and the power to carry weapons.
Section 20. Before any penal institution, penitentiary, public works camp, or other correctional institution in this State under the super vision of the State Board cf Corrections may be approved to receive prisoners, the State Board of Corrections is hereby required to have the warden or chief custodial officer of such institution execute a bond in such form and amount as the State Board of Corrections deems necessary, not to be less than $10,000, and conditioned upon the faith ful discharge of the duties imposed upon such person in carrying out the laws of this State and the rules and regulations of the State Board of Corrections. The State Board of Corrections shall require that deputy wardens and such other custodial officers as deemed ad visable shall execute a bond in such form and amount as the State Board of Corrections shall require, but in the case of deputy wardens to be not
TUESDAY, JANUARY 31, 1956.
319
less than $5,000. In the case of custodial officers employed at correc tional institutions under the supervision of the State Board of Correc tions, proof of failure to comply with the rules and regulations of the State Board of Corrections shall be prima facie evidence of negligence. Bonds for county wardens and assistant county wardens shall be paid for by the county.
Section 21. When a prisoner has completed his term of service and is discharged upon completion of his sentence, or is conditionally re leased or paroled from any State institution or other place of detention operated under the authority of the State Board of Corrections, the Board shall furnish such prisoner with a ticket by common carrier to the prisoner's home, when it is within the State of Georgia, and if his home is outside the State of Georgia such ticket shall be to the point of conviction. The State Board of Corrections shall also furnish all felony prisoners clothing to consist of a hat or cap, a coat, vest, pair of trousers, belt, socks, shoes, shirt, tie, and underwear appropriate to the season of the year, if the prisoner be male, and if the prisoner be female she shall be furnished such wearing apparel as the State Board of Corrections may deem necessary and suitable. When a prisoner is discharged at the expiration of his sentence, or is conditionally released or paroled from a county public works camp, then transportation and clothing enumerated shall be furnished by the county.
Section 22. (a) The State Board of Corrections shall provide rules and regulations governing the hiring out of prisoners by any penal in stitution under its authority to municipalities, cities, the State Highway Department, or any other political subdivision, public authority, public corporation, or agency of state or local government, which are hereby authorized to contract for and receive said prisoners, but such prisoners shall not be hired out to private persons or corporations, nor shall any instrumentality of government hereinbefore authorized to utilize prison labor use such labor in a business conducted for profit.
(b) No goods, wares or merchandise, manufactured, produced, or mined wholly or in part, by the inmates of any prison or public works camp operated under the jurisdiction of the State Board of Corrections, shall be sold in this state to any private person, firm, association or corporation, except that nothing herein shall be construed to forbid the sale of such goods or merchandise to other political subdivisions, public authorities, municipalities or agencies of the state or local governments, to be consumed by them, or to agencies of the state to be in turn sold by such agency to the public in the performance of such agency's duties as required by law. This does not prohibit the sale of unprocessed agri cultural products produced on state property.
(c) Funds arising from the sale of goods or other products manu factured or produced by any prison operated by the State Board of Cor rections shall be deposited with the treasury of the State Board of Corrections. Such funds arising from the sale of goods and products produced in a county public works camp, or from the hiring of prisoners shall be placed in the treasury or depository of such county, as the case may be.
(d) Any warden, guard, official or other person who violates any of the provisions of this section or any regulation promulgated pursuant thereto, relating to the sale of prison made goods, or the hiring out of
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prisoners, shall be guilty of a misdemeanor and punished as provided by law.
Section 23. (a) A program of rehabilitation shall be instituted by |
the Board of Corrections and said program shall include academic, in- \
dustrial, mechanical, agricultural and vocational training.
j
(b) The State Board of Corrections, in institutions under its con trol, shall give the prisoners opportunity for reasonable educational and recreational activities where practical, and shall afford opportunity for religious activities to such prisoners as may desire to attend the same.
Section 24. (a) Board to provide extra good time allowance. The State Board of Corrections shall formulate rules and regulations pro viding for extra good time allowances in addition to the statutory good time hereafter provided, to be awarded to deserving and exemplary prisoners. The State Board of Pardons and Paroles shall respect the uniform rules and regulations of the State Board of Corrections in com puting the time served by inmates of the institutions and shall cooperate in extending parole and clemency to such as are subject to special con sideration.
(b) Computation of Good Time Allowances. Upon receipt of a pris oner by any prison or county public works camp operated under the jurisdiction of the State Board of Corrections, said Board shall forth with compute the aggregate of the maximum extra good time allowances and statutory good time allowances that said prisoner can possibly earn for the minimum and maximum sentence or sentences imposed thereon, said extra good time allowances to be computed as provided in the rules and regulations promulgated by the Board as hereinbefore referred to in paragraph (a) hereof, and the statutory good time allowances to be computed as follows:
(1 Misdemeanor prisoners--Four (4) days for each month of the sentence.
(2 Felony prisoners--Two (2) months for the second year of the sentence; three (3) months for each remaining year, through the tenth, inclusive, and four (4) months for each remaining year of the sentence. This reduction of time shall not apply to prisoners sentenced to life imprisonment.
(c) Deductions from Good Time Allowances. The wardens of the various penal institutions above referred to shall immediately notify the Board in writing of any punishment imposed or other disciplinary action taken against any prisoner under such warden's custody, said report to be on forms prescribed and furnished by the Board, and shall show, among other things, the work record and behaviour record of the prisoner, including the punishment imposed therefor. From said record so furnished, the Director of Corrections or his assistants shall evaluate said Act of misconduct or failure to work, and make appropriate de ductions from the statutory and extra good time allowances earned by the prisoner up to the time of the offense, said deduction to take into account the severity of the offense, and the past record of the prisoner; provided, that all statutory and extra good time allowances earned up to the time of the offense shall be forfeited for escape, attempt to escape, mutiny, sodomy, resisting arrest, assaulting a guard, warden, or other prisoner official or employee, or possession of any contraband which
TUESDAY, JANUARY 31, 1956.
321
would aid in an escape or the inflicting of serious injury upon any person.
Section 25. Whenever any prisoner is killed or dies unexpectedly, or under unusual circumstances, in any state prison, the warden thereof shall immediately notify the Director of the State Crime Laboratory who shall make an investigation thereof, performing any needed post mortem examination without cost to the State, and said Director shall determine whether or not an inquest shall be held, notifying the County Coroner of his findings.
Section 26. The wardens or superintendents of all prisons and pub lic works camps shall send monthly reports to the Director of Corrections showing the names of all prisoners held in custody.
Section 27. The executive office of the State Board of Corrections and the Director of Corrections shall be located in the city of Atlanta, and suitable quarters shall be assigned to the Board and Director, and his staff of employees.
Section 28. Section 27-2513 of the Georgia Code of 1933, relating to the provision of a necessary death chamber and apparatus, is hereby amended by striking said section in its entirety and substituting in lieu thereof the following:
"Section 27-2513. The Board of Corrections shall provide a death chamber and all necessary apparatus, machinery and ap pliances for inflicting such penalty by electrocution."
Section 29. Section 23-1804 of the Georgia Code, relating to the division of expenses between counties contracting with each other rela tive to intercounty improvements and joint work camps, is hereby amended by striking therefrom the words,
"and of the creation, organization, government, use and main tenance of such working force or chain gang." so that said section, when so amended, shall read as follows:
"The prorata or proportionate expense of each of the counties so cooperating, of the entire or total expenses of the establishment, construction, improvement, and maintenance of such intercounty public roads, and other intercounty public improvements, shall be jointly determined by the authorities of the several counties co operating in such work, and shall be severally levied, assessed, taxed, raised and paid by the respective counties so cooperating, as such moneys for such purposes are now levied, assessed, taxed, raised and paid."
Section 30. The existing rules and regulations of the State Board of Corrections, except as may be in direct conflict with provisions of this Act, are hereby continued of force and effect.
Section 31. (a) When a prisoner confined in any State prison, county public works camp, or other penal institution under the jurisdic tion of the State Board of Corrections, other than a prisoner under a death sentence, is needed as a witness in any civil or criminal proceeding in any court of record in this state, or when it is desired that such person stand trial on an indictment or accusation charging him with commis sion of a felony or misdemeanor, the judge of the court wherein such
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proceeding is pending is authorized to issue an ex parte order, directed to the State Board of Corrections, requiring his delivery to the sheriff of the county where the prisoner is desired as a witness or defendant, and said sheriff or his deputies shall take custody of said prisoner on the date named in said order, safely keep him pending the proceeding, and return him to the original place of detention after his discharge by the trial judge.
(b) If such prisoner was desired as a witness by the state in a criminal proceeding, or if the prisoner's release to the sheriff was for the purpose of standing trial on criminal charges, the county wherein the case was pending shall pay all expenses of transportation and keep ing, including per diem and mileage of the sheriff, jail fees, and any other proper expense approved by the trial judge.
(c) If such prisoner was desired as a witness by the defendant in a criminal proceeding, or by either party to a civil proceeding, the costs and expenses hereinbefore referred to shall be borne by the person re questing the prisoner as a witness, and the court shall require a deposit of money sufficient to defray same, except where the judge, after ex amining into the matter, determines that the prisoner's presence is required by the ends of justice and that the party requesting it is fi nancially unable to make said deposit, in which case the expenses shall be taxed as costs of court.
Section 32. Section 27-2515 of the Georgia Code, relating to who will be present at electrocutions, is hereby amended by inserting after the words "warden of the penitentiary" in the second line, the words "or a deputy warden thereof", so that said section, when so amended shall read as follows:
"There shall be present at such execution the warden of the penitentiary, or a deputy warden thereof, who shall serve as execu tioner, at least two assistants, two physicians to determine when death supervenes, an electrician, a suitable guard, and, if the con demned person so desires, his counsel, relatives and such clergymen and friends as he may desire."
Section 33. Section 95-804 of the Georgia Code, relating to the manner of working the roads under the alternative road law, is hereby amended by striking therefrom subparagraphs 1 and 3, and by sub stituting in lieu thereof the following:
1. They may work prisoners maintained in the county public works camp, or prisoners hired from the State Board of Corrections and maintained by the latter, and they may also work those citizens who do not pay the commutation tax, but such prisoners and citizens shall not be worked together.
3. They may have said roads worked, improved or repaired, by contracting for the same, in such manner as they may deem fit, with private parties or corporations: Provided, that if the work is done by contract, the contractors shall be required to employ the prison labor, if such is available to the county, and the labor of those who do not pay the commutation tax, and to pay for the same.
Section 34. The sections of this law and the parts thereof are here by declared to be independent and severable and should any section or any part thereof be declared to be void, ineffective, or unconstitutional
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323
for any cause, the remaining section or sections shall not be affected thereby, it being declared that all other parts or sections would have been enacted regardless of the part held to be unconstitutional, in opera
tive or void.
Section 35. That all laws and parts of laws in conflict with this
Act are hereby repealed. Senator Brooks of the 50th offered the following amendment to the sub stitute to SB 35:
Amend substitute to SB 35, Section 25, by striking said section and substituting in lieu thereof the following:
: "Whenever any prisoner dies suddenly or under unusual circum
stances in any state prison or branch thereof, the warden or superin
tendent of that institution shall immediately notify the director of the
State Board of Corrections and shall also notify the coroner of the
'
. county in which the death occurs. The warden or superintendent is also
directed to furnish the State Board of Corrections with a copy of the
findings of the coroner's inquest, together with any other information
available that would be of use to the director in determining the cause
of death."
On the adoption of the amendment to the substitute, the ayes were 30, nays 0, and the amendment was adopted.
On the adoption of the substitute, the ayes were 33, nays 1, and the substitute was adopted.
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 45, nays 0.
The Bill, having received the requisite constitutional majority, was passed by substitute as amended.
The following Bill of the Senate was taken up for the purpose of considering a House amendment thereto:
SB 19. By Senators Matthews of the 47th and Dean of the 40th:
A Bill to authorize the commissioner of agriculture to establish farmers' markets in this state; to authorize the commissioner of agriculture to make necessary rules and regulations to properly conduct such markets; and for other purposes.
The House amendment was as follows:
Mr. Wilson of Peach moves to amend SB 19 by adding at the end of Section 1 thereof the following:
"The provision of this act shall not apply to peaches."
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JOURNAL OF THE SENATE,
Senator Dean of the 40th moved that the Senate disagree to the House amend ment and that a committee of conference be appointed.
On the motion, the ayes were 38, nays 0.
The motion prevailed and the Senate appointed as a committee of conference on the part of the Senate:
Senators Dean of the 40th, Morrison of the 15th and Matthews of the 47th.
HB 114. By Messrs. Blalock of Clayton and Rutland of DeKalb:
A Bill to establish a tolerance or increase of 13% on certain sizes and weights and loads of motor vehicles; and for other purposes.
The Committee on Public Utilities and Transportation offered the following amendment:
Amend HB 114 by striking Section 3 and inserting a new Section 3 as follows:
"Section 3. Any person violating this act or operating any motor vehicle on the public roads or highways of this state having a greater length than authorized by this act or with a gross weight in excess of that permitted by this act shall be guilty of a misdemeanor and, on conviction, shall be punished as provided by law: Provided, however, that no fine imposed for any such violation shall be less than $25.00, or \f per pound for the first 1,000 pounds of excess weight, plus 2f per pound for the next 2,000 pounds of excess weight, plus Zf per pound for the next 2,000 pounds of excess weight, plus 3^ per pound for the next 2,000 pounds of excess weight, plus 4j? per pound for the next 3,000 pounds of excess weight, plus 5^ per pound for all excess weight above 8,000 pounds, whichever may be greater.
It shall be the duty of the Department of Public Safety, and of all other law enforcement officers, to enforce this Act."
On the adoption of the amendment, the ayes were 44, nays 1, 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.
On the passage of the Bill, the ayes were 44, nays 4.
The Bill, having received the requisite constitutional majority, was passed as amended.
SB 40. By Senators Neel of the 7th and Overby of the 33rd:
A Bill to amend Chapter 114 of the code of Georgia so as to change certain provisions relative to the Workmen's Compensation Law; and for other purposes.
TUESDAY, JANUARY 31, 1956.
325
Senator Page of the 1st moved that SB 40 be postponed until tomorrow and the motion prevailed.
HB 83. By Messrs. Sanders and Chambers of Richmond and Fowler of Tift:
A Bill to amend an Act so as to provide for the trial of civil cases any time after appearance day by consent, 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 37, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 51. By Mr. Bentley of Cobb:
A Resolution to censure the attorney general of the United States, Herbert Brownell, and the Federal Bureau of Investigation, for their flagrant invasion into the affairs of Cobb County and the State of Geor gia; 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 39, nays 1.
The resolution, having received the requisite constitutional majority, was adopted.
HR 62. By Mr. Sheffield of Brooks:
A Resolution creating a committee for the purpose of discussing common problems with members of the legislatures from certain other states; 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 26, nays 13, and the Reso lution was lost.
Senator Overby of the 33rd moved that the Senate do now adjourn until 10:30 o'clock tomorrow morning and the motion prevailed.
The president announced the Senate adjourned until 10:30 o'clock tomorrow morning.
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JOURNAL OF THE SENATE,
Senate Chamber, Atlanta, Georgia. Wednesday, February 1, 1956.
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.
By unanimous consent the call of the roll was dispensed with.
Senator Steis of the 25th reported that the journal of yesterday's proceedings had been examined and found correct.
Senator Overby of the 33rd moved that the Senate reconsider its action in the adoption of the following Resolution of the House:
HR 62. By Mr. Sheffield of Brooks:
Creating a committee for the purpose of discussing the common prob lems of legislatures from certain other states; and for other purposes.
On the motion, the ayes were 36, nays 0, and the motion prevailed.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
Senator Overby of the 33rd 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. Third reading and passage of local uncontested Bills and Resolutions.
6. Third reading and consideration of general 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 112. By Mr. Groover of Bibb: A Bill to amend an act relating to the Game and Fish Commission;
WEDNESDAY, FEBRUARY 1, 1956.
327
relating to salaries of Commission employees and wildlife rangers; and for other purposes.
HB 197. By Messrs. Coker of Cherokee and Mashburn of Forsyth:
A Bill to amend an act relating to nurses, so as to change the registra tion fee of under-graduate nurses; and for other purposes.
HB 234. By Messrs. Stripling of Coweta, Willingham of Cobb and Groover of Bibb:
A Bill to repeal an act relating to the inquiry into offenses relating to obscene matter by indictment or presentment; and for other purposes.
HB 259. By Messrs. Lokey and H. Smith of Fulton:
A Bill to amend an act relating to the filing of a written demand as a prerequisite to the bringing of any suit at lav." or equity against any municipal corporation; and for other purposes.
HB 286. By Mr. Greene of Crisp:
A Bill to amend an act comprehensively and exhaustively superseding and revising the laws relating to the Game and Fish Commission; and for other purposes.
HB 294. By Mr. Barber of Colquitt:
A Bill to amend an act establishing a State Board for Professional Engineers and Surveyors; and for other purposes.
HR 19. By Mr. Green of Rabun:
A resolution to compensate Mr. Carlton Coleman and Mrs. Evelyn Law Thomas of Rabun County for damages to their automobile; and for other purposes.
HR 32. By Messrs. Chambers and Sanders of Richmond:
A resolution proposing an amendment to the Constitution so as to con fer upon the Supreme Court of Appeals jurisdiction to review by writ of error all final judgments and adjudications rendered by Juvenile Courts; and for other purposes.
HR 46. By Mr. Lowe of Oglethorpe:
A resolution to compensate W. W. Armistead; and for other purposes.
HR 60. By Messrs. Duke and Massee of Baldwin:
A resolution to authorize the Governor on behalf of the State, to nego tiate and sell a tract of State land; and for other purposes.
HR 66. By Messrs. Cornelius and McKelvey of Polk:
A resolution to compensate George B. Stoffragen for damages to his automobile; and for other purposes.
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JOURNAL OF THE SENATE,
HR 80. By Mr. Callier of Talbot:
A resolution authorizing payment for damages to Mr. Lincoln Fortune; and for other purposes.
HR 88. By Messrs. Kelley and Kilgore of Gwinnett:
A resolution compensating Ernest and Dorothy Brooks for damages; and for other purposes.
HR 89. By Messrs. Kelley and Kilgore of Gwinnett:
A resolution to compensate Mr. George H. Verner, Mr. Arthur E. Verner and Miss Anne E. Varner; and for other purposes.
HR 93. By Mr. Peacock of Dodge:
A resolution to compensate Hal S. Martin for the damages inflicted upon his automobile; and for other purposes.
HR 95. By Mr. Barber of Jackson:
A resolution to compensate the Jackson Electric Membership Coopera tive for damages to electric transmission lines; and for other purposes.
HR 116. By Mr. Kennedy of Tattnall:
A resolution to compensate Dr. Hess and Clark, Inc., for damages to an automobile; and for other purposes.
The House has agreed to the Senate amendment to the following bill of the House, to-wit:
HB 95. By Mr. Martin of Banks:
A bill to provide for the compensation for the Sheriff of Banks County; and for other purposes.
The House disagrees to the Senate amendment to the following resolution of the House, to-wit:
HR 9. By Messrs. Moate of Hancock, Harrison of Wayne and Scoggin of Floyd:
A resolution requesting Congress to regulate the reduction in cotton acreage allotments and to return agricultural technicians provided under the "Point Four" program; and for other purposes.
The House insists on its position to the following bills of the Senate, to-wit:
SB 5. By Senator Overby of the 33rd:
A bill to authorize the state, or any county, municipal corporation or other political subdivision thereof to sell, lease, grant, exchange or otherwise dispose of any property or interest therein comprising parks, playgrounds, golf courses, etc.; and for other purposes.
WEDNESDAY, FEBRUARY 1, 1956.
329
The Speaker has appointed as a committee of conference, on the part of the House, the following members of the House, to-wit:
Messrs. Groover of Bibb, Lavender of Elbert and Hawkins of Screven.
SB 19. By Senators Matthews of the 47th and Dean of the 40th: A bill to amend an act to provide for and authorize the Commissioner of Agriculture to establish farmers' markets in this State; and for other purposes.
The Speaker has appointed as a committee of conference, on the part of the House, the following members of the House, to-wit:
Messrs. Fowler of Tift, Gates of Burke and Wilson of Peach.
The following bills were introduced, read the first time and referred to committees:
SB 120. By Senators Steis of the 25th and Ricketson of the 19th: A bill to provide for the issuance of automobile license tags to dis abled veterans; and for other purposes.
Referred to the Committee on Defense and Veterans Affairs.
SB 121. By Senator Matthews of the 47th: A bill to amend the act creating a Board of Commissioners of Colquitt County so as to authorize and empower Colquitt County by and through its Board of Commissioners to provide, construct and maintain in said county a system or systems of waterworks, sewerage, sanitation and fire protection; to provide for the issuance of revenue producing cer tificates for the financing thereof; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 122. By Senator Hollis of the 24th:
A bill to amend the Charter of the City of Columbus in the County of Muscogee so as to extend the present corporate limits of said city; and for other purposes.
Referred to the Committee on County and Municipal Governments.
The following resolution was introduced, read the first time and referred to committee:
SR 38. By Senator Overby of the 38th:
A resolution creating a committee to study the advisability of enacting a compulsory automobile liability insurance law; and for other pur poses.
Referred to the Committee on Industry and Labor.
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JOURNAL OF THE SENATE,
HB 112. By Mr. Groover of Bibb: A bill to amend an act relating to the Game and Pish Commission; relating to salaries of commission employees and wildlife rangers; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 197. By Messrs. Coker of Cherokee and Mashburn of Porsyth: A bill to amend an act relating to nurses, so as to change the registra tion fee of under-graduate nurses; and for other purposes.
Referred to Committee on Health and Welfare.
HB 234. By Messrs. Stripling of Coweta, Willingham of Cobb and Groover of Bibb: A bill to repeal an act relating to the inquiry into offenses relating to obscene matter by indictment or presentment; and for other purposes.
Referred to Committee on Judiciary.
HB 259. By Messrs. Lokey and H. Smith of Fulton: A bill to amend an act relating to the filing of a written demand as a prerequisite to the bringing of any suit at law or equity against any municipal corporation; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 286. By Mr. Greene of Crisp: A bill to amend an act comprehensively and exhaustively superseding and revising the laws relating to the Game and Fish Commission; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 294. By Mr. Barber of Colquitt: A bill to amend an act establishing a State Board of Professional Engi neers and Surveyors; and for other purposes.
Referred to Committee on Judiciary.
HR 19. By Mr. Green of Rabun:
A resolution to compensate Mr. Carlton Coleman and Mrs. Evelyn Law Thomas of Rabun County for damages to their automobile; and for other purposes.
Referred to Committee on Appropriations.
HR 32. By Messrs. Chambers and Sanders of Richmond:
A resolution proposing an amendment to the Constitution so as to confer upon the Supreme Court of Appeals jurisdiction to review by
WEDNESDAY, FEBRUARY 1, 1956.
331
writ of error all final judgments and adjudication rendered by Juvenile Courts; and for other purposes.
Referred to Committee on Judiciary.
HR 46. By Mr. Lowe of Oglethorpe: A resolution to compensate W. W. Armistead; and for other purposes.
Referred to Committee on Appropriations.
HR 60. By Messrs. Duke and Massee of Baldwin:
A resolution to authorize the Governor on behalf of the state, to nego tiate and sell a tract of state land; and for other purposes.
Referred to Committee on Judiciary.
HR 66. By Messrs. Cornelius and McKelvey of Polk:
A resolution to compensate George B. Stoffragen for damages to his automobile; and for other purposes.
Referred to Committee on Appropriations.
HR 80. By Mr. Callier of Talbot:
A resolution authorizing payment for damages to Mr. Lincoln Fortune; and for other purposes.
Referred to Committee on Appropriations.
HR 88. By Messrs. Kelley and Kilgore of Gwinnett:
A resolution compensating Ernest and Dorothy Brooks for damages; and for other purposes.
Referred to Committee on Appropriations.
HR 89. By Messrs. Kelley and Kilgore of Gwinnett:
A resolution to compensate Mr. George H. Vernier, Mr. Arthur E. Verner and Miss Anne E. Verner; and for other purposes.
Referred to Committee on Appropriations.
HR 93. By Mr. Peacock of Dodge:
A resolution to compensate Mr. Hal S. Martin for damages to his automobile; and for other purposes.
Referred to Committee on Appropriations.
HR 95. By Mr. Barber of Jackson:
A resolution to compensate the Jackson Electric Membership Corpora tion for damages to electric transmission lines; and for other purposes.
Referred to Committee on Appropriations.
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JOURNAL OF THE SENATE,
HE 116. By Mr. Kennedy of Tattnall:
A resolution to compensate Dr. Hess and Clerk, Inc., for damages to an automobile; and for other purposes.
Referred to Committee on Appropriations.
Mr. Hollis of the 24th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bills and resolutions of the House and Senate and has instructed me as Chair man, to report the same back to the Senate with the following recommendations:
SB 18. Do Pass, as amended. SB 54. Do Pass, by substitute. SB 61. Do Pass, as amended. SB 77. Do Pass. SB 81. Do Pass. SB 89. Do Pass. SB 95. Do Pass. SB 105. Do Pass. SB 111. Do Pass. SB 112. Do Pass. SB 113. Do Pass. SB 114. Do Pass. SB 115. Do Pass. SB 116. Do Pass. SB 117. Do Pass. SR 32. Do Pass. SR 37. Do Pass. HB 87. Do Pass. HB 185. Do Pass. HB 202. Do Pass. HB 269. Do Pass. HB 35. Do Pass,as amended.
Respectfully submitted, Hollis of 24th District, Chairman.
WEDNESDAY, FEBRUARY 1, 1956.
333
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 and resolutions of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SR 34. Do Pass.
SB 63. Do Pass.
SB 71. Do Pass. Respectfully submitted,
Garrett of 53rd District,
Chairman.
Mr. Lovett of the 16th District, Chairman of the Committee on Appropria tions, submitted the following report:
Mr. President:
Your Committee on Appropriations has had under consideration the follow ing resolutions of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HR 3. Do Pass.
HR 11. Do Pass.
Respectfully submitted,
Lovett of 16th District,
Chairman.
Mr. President, Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules 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 101. Do Pass.
HB 184. Do Pass.
HR 65-194b. Do Pass. Respectfully submitted,
S. Ernest Vandiver,
Chairman.
Mr. Turner of the 34th District, Chairman of the Committee on County and Municipal Governments, submitted the following report:
334
JOURNAL OF THE SENATE,
Mr. President: Your Committee on County and Municipal Governments has had under con
sideration 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 248. Do Pass. HB 264. Do Pass. HB 289. Do Pass. HB 293. Do Pass. HB 290. Do Pass. HB 273. Do Pass. HB 230. Do Pass. HB 233. Do Pass. HB 240. Do Pass. HB 238. Do Pass. HB 222. Do Pass. HB 223. Do Pass. HB 242. Do Pass. SR 33. Do Pass. HB 224. Do Pass. HB 209. Do Pass, as amended. HB 291. Do Pass. HB 288. Do Pass. HB 254. Do Pass. HB 213. Do Pass. HB 212. Do Pass. HB 214. Do Pass. HB 260. Do Pass. HB 226. Do Pass. HB 229. Do Pass. HB 211. Do Pass.
Respectfully submitted, Turner of 34th District, Chairman.
WEDNESDAY, FEBRUARY 1, 1956.
335
Mr. Harrison of the 17th District, Chairman of the Committee on Health and Welfare, submitted the following report:
Mr. President:
Your Committee on Health and Welfare 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 93. Do Pass.
SB 104. Do Pass.
HB 298. Do Pass.
Respectfully submitted,
Harrison of 17th District,
Chairman.
Mr. Brooks of the 50th District, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs 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:
SR 21.
SR 22.
SR 28.
SB 35.
SB 85.
SB 86.
SB 87.
SB 91.
SB 92.
Respectfully submitted,
Brooks of the 50th District,
Chairman.
Mr. Brooks of the 50th District, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bills and/or resolutions of the Senate and has instructed me, as
336
JOURNAL OF THE SENATE,
Chairman, to report the same back to the Senate as correct and ready for trans mission to the Governor.
SB 75. Respectfully submitted, Brooks of the 50th District, Chairman.
The following bills and resolutions, favorably reported by the committees, were read the second time:
SB 18. By Senators Dews of the 9th, Dean of the 40th, Chance of the 51st and others:
A bill making it a crime to take or attempt to take immoral, or indecent liberties with a child of either sex, so as to change the penalty for such offense; and for other purposes.
SB 54. By Senators Lambert of the 28th and Turner of the 34th:
A bill to amend the act creating the office of judge of the superior court emeritus so as to change the age and service qualifications; and for other purposes.
SB 77. By Senator Overby of the 33rd:
A bill to amend an act relating to the regulation of the installation of warm air heating equipment so as to provide that counties having a population of not less than 40,113 and not more than 43,000 inhabitants according to the United States census of 1950 or any future United States census shall come within the terms of this act; and for other purposes.
SB 81. By Senators Hollis of the 24th, Page of the 1st and Overby of the 33rd:
A bill to declare void any judicial action by any court of this state in any matter in which the state of Georgia, or an official of the state of Georgia in his official capacity, is a party defendant, intervenor, respondent, appellee or plaintiff in fi. fa. unless it affirmatively ap pears as a matter of record that notice of the proceeding was given to the Attorney General; and for other purposes.
SB 89. By Senators Waters of the 41st and McDonald of the 43rd:
A bill to amend section 85-1604 of the 1933 code of Georgia relating to employment of land processioners so as to change the residence require ments and qualifications of such processioners; and for other purposes.
SB 93. By Senator Millican of the 52nd:
A bill to be known as the Boiler Safety Act; to provide for the safety of life, limb and property, and to create a Board of Boiler Rules to serve without salary and to formulate and promulgate rules and regu-
WEDNESDAY, FEBRUARY 1, 1956.
337
lations for the safe construction, installation, inspection and repair of boilers; and for other purposes.
SB 95. By Senators Hollis of the 24th, Steis of the 25th and others:
A bill to add one additional judge of the superior court of the Chattahoochee Judicial Circuit of Georgia; and for other purposes.
SB 101. By Senator Harden of the 27th:
A bill to create the Georgia Board of Landscape Architects; to provide for the regulation and licensing of landscape architects; and for other purposes.
SB 104. By Senator Hollis of the 24th:
A bill to repeal the act requiring registration of guests under their true names at tourist camps or like places by whatever name called; and for other purposes.
SB 105. By Senator Ponsell of the 5th:
A bill to amend the act relating to the regulation of the installation of warm air heating equipment so as to provide that counties having a population of not less than 30289 and not more than 30975 inhabitants according to the United States census of 1950 or any other future United States census shall come within the terms and provisions of said Act; and for other purposes.
SB 111. By Senators Hollis of the 24th, Page of the 1st and Davis of the 42nd:
A bill to amend code sections in chapter 49 of the 1933 Code of Georgia relating to guardians and wards so as to change the provisions of notice and service of the application for appointment; and for other purposes.
SB 112. By Senators Hollis of the 24th, Page of the 1st and Davis of the 42nd:
A bill to amend chapter 113 of the 1933 code of Georgia relating to sales and conveyances by executors, administrators and other fiduci aries so as to provide for the private sale of perishable property or property that is likely to deteriorate or is expensive to keep without a court order or subsequent confirmation by the court; and for other purposes.
SB 113. By Senators Hollis of the 24th, Page of the 1st and Davis of the 42nd:
A bill to amend chapter 113 of the 1933 code of Georgia relating to wills and administrations of estates so as to provide a change in the number of witnesses required to attest a will; and for other purposes.
SB 114. By Senators Hollis of the 24th, Page of the 1st and Davis of the 42nd:
A bill to amend chapter 24 of the 1933 code of Georgia relating to the Court of Ordinary so as to provide that the ordinary may be empowered to issue fi. fas. at any time after the costs become due; and for other purposes.
838
JOURNAL OP THE SENATE,
SB 115. By Senators Hollis of the 24th, Page of the 1st and Davis of the 42nd:
A bill to provide for an adjudication of the identity of persons entitled to take property under the laws of descent and distribution of this state; to determine the quantity of interest of such ersons; and for other purposes.
SB 116. By Senators Hollis of the 24th, Page of the 1st and Davis of the 42nd:
A bill to amend section 49-103 of the 1933 code of Georgia relating to the appointment, bond and dismissal of a testamentary guardian, so as to provide that the ordinary may require bond and security of guardians appointed by the parent for his child; and for other purposes.
SB 117. By Senator Hollis of the 24th, Page of the 1st and Davis of the 42nd:
A bill to amend code section 113-1505 of the code of Georgia to credi tors to render accounts, so as to change the advertisement require ment; and for other purposes.
SR 32. By Senator Page of the 1st:
A resolution proposing an amendment to the constitution so as to authorize the governing authority of Chatham County to expend county funds for the purpose of eradicating mosquitoes; and for other purposes.
SR 33. By Senator Page of the 1st:
A resolution proposing to the qualified voters of the state of Georgia an amendment to Paragraph III, Section I, Article VII, of the Consti tution of Georgia of 1945 creating additional industrial areas in the county of Chatham, fixing the boundaries of said industrial areas, pro viding that needed municipal services be furnished said areas as a pre requisite for taxation by any municipal corporation; and for other purposes.
SR 34. By Senator Millican of the 52nd:
A resolution creating a committee to study the advisability of (1) conforming the Georgia Income Tax Laws as nearly as practicable to the Federal Income Tax Law with respect to the determination and classification of a taxable net income, and (2) of providing for a State Income Tax Withholding System; and for other purposes.
SR 37. By Senator Steis of the 25th:
A resolution to provide the Ordinary of Harris County, Georgia, cer tain enumerated volumes of the Georgia Supreme Court Reports; and for other purposes.
HB 87. By Mr. Sanders of Richmond and others:
A bill to amend an act known as the "Juvenile Court Act", so as to provide that it shall be unlawful for any juvenile court judge to act as an attorney in any manner or in any matter which is, has been or may be within the jurisdiction of his own court.
WEDNESDAY, FEBRUARY 1, 1956.
339
HB 184. By Mr. Groover of Bibb and others:
A bill to repeal an act entitled "An Act to create the Georgia Citizens Council, to coordinate volunteer civilian war and post-war programs and to promote the development of human resources to the state; and for other purposes.
HB 185. By Mr. Groover of Bibb and others:
A bill to amend an act enumerating the duties of the state treasurer, so as to provide that he may pay out money on warrants countersigned by the deputy comptroller general; and for other purposes.
HB 202. By Mr. Groover of Bibb and others:
A bill to amend an act creating the office of solicitor general emeritus and creating the solicitors general retirement fund of Georgia; and for other purposes.
HB 209. By Mr. Odom of Camden:
A bill to authorize, empower and direct the City of Kingsland to close permanently certain alleys; and for other purposes.
HB 211. By Mr. Kelley of Gwinnett and others:
!'.--.'
.
A bill to amend an act to create a board of county commissioners for
Gwinnett County; and for other purposes.
HB 212. By Mr. Kelley of Gwinnett and others:
A bill to provide for the compensation of the sheriff, the clerk of the superior court, the clerk of the city court and the ordinary of Gwinnett County; and for other purposes.
HB 213. By Mr. Kilgore of Gwinnett and others:
A bill to consolidate the offices of tax receiver and tax collector of Gwinnett County into the office of tax commissioner of Gwinnett County; and for other purposes.
HB 214. By Mr. Turk of Wilcox:
A bill to amend an act entitled "An Act to incorporate the Town of Pineview" in the County of Wilcox; and for other purposes.
HB 222. By Mr. Ivy of Newton:
A bill to amend an act providing a new charter for the City of Covington; and for other purposes.
HB 223. By Mr. Ivy of Newton:
A bill to repeal an act entitled "An Act to incorporate the Town of Govington Mills"; and for other purposes.
340
JOURNAL OF THE SENATE,
HB 224. By Mr. Henderson of Atkinson:
A bill to amend an act creating the office of commissioner of roads and revenues in the County of Atkinson; and for other purposes.
HB 226. By Mr. Cheatham of Chatham and others:
A bill to amend the charter of the Town of Pooler; and for other pur poses.
HB 229. By Mr. Cheatham of Chatham and others:
A bill to amend the charter of the Town of Pooler; and for other purposes.
HB 230. By Mr. Underwood of Montgomery:
A bill to amend an act creating the office of tax commissioner of Montgomery County; and for other purposes.
HB 233. By Mr. Williams of Hall and others:
A bill to amend the charter of the City of Gainesville; to change the corporate name of said city; to abolish the office of mayor and councilmen and certain other offices of said city created by legislative enact ment; and for other purposes.
HB 238. By Mr. Young of Muscogee and others:
A bill to amend an act amending the charter of the City of Columbus, providing for the supervision, control and management of all of the facilities of said city for the collection, treatment and disposal of sanitary sewerage by the board of water commissioners of said city; and for other purposes.
HB 240. By Mr. Gunter of Hall and others:
A bill to provide that the commissioners of roads and revenues of Hall County shall in their discretion, have power and authority to call and provide for the holding not more than once in each calendar year of an advisory referendum in which the qualified voters of Hall County can express their opinion; and for other purposes.
HB 242. By Mr. Twitty of Mitchell and others:
A bill to provide that the mayor and council of the City of Camilla shall have the power to designate by appointment the person, firm or corporation to be city treasurer of Camilla.
HB 248. By Mr. Mackay of DeKalb and others:
A bill to authorize the establishment of more than one election pre cinct in a Militia District in certain counties; and for other purposes.
WEDNESDAY, FEBRUARY 1, 1956.
341
HB 254. By Mr. H. Smith of Fulton and others:
A bill to amend an act known as the Voters Registration Act, in certain counties; and for other purposes.
HB 260. By Mr. Lokey of Fulton and others:
A bill to amend an act entitled "An act to authorize the governing authority of the several municipalities of this state to enact zoning and planning ordinances and regulations in certain counties; and for other purposes.
HB 264. By Mr. Birdsong and others:
A bill to amend an act establishing a pension and retirement system for the employees of Troup County; and for other purposes.
HB 269. By Mr. Groover of Bibb:
A bill to amend an act concerning the creation, declaration and enforce ment of laborers' and materialmen's liens by providing that liens shall be created in favor of registered land surveyors and registered pro fessional engineers performing or furnishing services as such, etc.; and for other purposes.
HB 273. By Mr. Cocke of Terrell:
A bill to amend the charter to the City of Dawson; and for other pur poses.
HB 288. By Mr. Odom of Camden:
A bill to amend the charter of the City of St. Mary's; and for other purposes.
HB 289. By Mr. Hayes of Coffee and others:
A bill to amend an act creating a new charter and municipal govern ment for the City of Douglas; and for other purposes.
HB 290. By Mr. Hayes of Coffee and others:
A bill to amend an act creating a new charter and municipal govern ment for the City of Douglas; and for other purposes.
HB 291. By Mr. Odom of Camden:
A bill to authorize, empower and direct the City of St. Mary's to abandon and close portions of the city streets; and for other purposes.
HB 293. By Mr. Hayes of Coffee and others:
A bill to amend an act creating a new charter and municipal govern ment for the City of Douglas, so as to change the method and procedure of passing and enacting ordinances; and for other purposes.
342
JOURNAL OP THE SENATE,
HB 298. By Mr. Fowler of Douglas:
A bill to amend an act relating to the Board of Dental Examiners of Georgia; and for other purposes.
HR 3. By Mr. Groover of Bibb and others:
A resolution authorizing compensation to Horace Evans, Sr., by the Department of Public Safety; and for other purposes.
HR 11. By Mr. Duke of Baldwin:
A resolution to compensate Pelton Smallwood by the Welfare Depart ment; and for other purposes.
HR 65. By Mr. Groover of Bibb and others:
A resolution to authorize and direct the department heads and the governing authorities of the various state departments to investigate and implement the recommendations of the Joint Economy Committee; and for other purposes.
The following local uncontested bills were read the third time and put upon their passage:
SB 53. By Senator Ponsell of the 5th:
A bill to repeal an act creating the office of commissioner of roads and revenues of the County of Ware and creating and establishing in lieu thereof a Board of Commissioners of Roads and Revenues of the County of Ware; and for other purposes.
The report 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 57. By Senator Ponsell of the 5th: A bill to place the sheriff, the clerk of the superior court and the ordinary of Ware County on a 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 178. By Messrs. Houston and King of Whitfield: A bill to amend an act entitled "an act to authorize the mayor and
WEDNESDAY, FEBRUARY 1, 1956.
343
council of the City of Dalton to levy a tax for the purpose of main taining public schools; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 179. By Messrs. Houston and King of Whitfield:
A bill to amend an act relating to the charter of 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 228. By Messrs. Chambers, Holley and Sanders of Richmond:
A bill to abolish the office of tax receiver and tax collector of Rich mond County; to create the office of Richmond County Tax Commis sioner; and for other purposes.
The report 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 231. By Messrs. Cheatham, Sognier and Eyler of Chatham:
A bill to amend the charter of the mayor and aldermen of the City of Savannah, relating to the Savannah Civil Service 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 262. By Messrs. Poster and Blalock of Clayton:
A bill to amend an act entitled "An Act to incorporate the Town of Forest Park"; and for other purposes.
344
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 295. By Messrs. Cornelius and McKelvey of Polk:
A bill to amend an act entitled "An Act to create a new charter and municipal government for the City of Cedartown; and for other pur poses.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 296. By Messrs. Cornelius and McKelvey of Polk:
A bill to amend an act entitled "An Act to create a new charter and municipal government for the City of Cedartown; and for other pur poses.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 297. By Messrs. Blalock and Foster of Clayton:
A bill to incorporate the city of Kiverdale 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 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 300. By Messrs. Groover, Carlisle and McKenna of Bibb:
A bill to approve, ratify and confirm acts of the City of Macon and of its mayor and board of aldermen in closing and vacating and aban doning an alley in the City of Macon situated between and separating lots 2 and 3 in square 20; and for other purposes.
WEDNESDAY, FEBRUARY 1, 1956.
345
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HR 16. By Mr. Coker of Cherokee:
A RESOLUTION
Proposing to the qualified voters an amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia, so as to provide for the merger of the Canton Independent School System and the Chero kee County School System into one consolidated school system; to create a Board of Education having authority to operate said school system; to provide for the members of said Board; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article VII, Section V, Paragraph I of the Constitution of Georgia, is hereby amended by adding at the end thereof the following:
"That the existing independent school system of the City of Canton and the existing school system in the County of Cherokee outside the corporate limits of said city, are hereby merged into one school system, co-extensive with the limits of Cherokee County, and the said existing independent school system of the City of Canton and the school system of Cherokee County outside the cor porate limits of said City of Canton are hereby abolished. Said merged school districts shall constitute a new school system and districts, and shall constitute a political subdivision of the State of Georgia separate from the political entities of the City of Can ton and the County of Cherokee, and shall be known as the Chero kee County School System.
"The school system so created is 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 said Cherokee County School System is hereby vested with the power to conduct a system of public education throughout the limits of Cherokee County and with all powers and authorities granted to public school system and districts by the Constitution and laws of the State of Georgia.
"The administration of said Cherokee County School System shall be vested in a board, to be known as the Cherokee County Board of Education, hereinafter referred to as the Board. Said Board shall have the power to employ and fix the salaries of any and all personnel necessary to effectuate the purposes of this amendment. Said Board shall consist of seven members, two of
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whom shall reside within the corporate limits of the City of Can ton in the Canton Militia District, one of whom shall reside in the Canton Militia District outside the corporate limits of the City of Canton, and one of whom shall reside in each school district of Cherokee County lying outside the Canton Militia District, as herein provided.
"For the purpose of electing the members of the Board, Chero kee County is hereby divided into five (5) districts, as follows:
"(1) The Canton District, comprising the Canton Militia Dis trict;
" (2) The North Section, comprising the Ball Ground, and Conns Creek Militia Districts;
"(3) The East Section, comprising the Cross Roads, Little River, Mullins, and Hickory Flat Militia Districts;
"(4) The South Section, comprising the Woodstock, Wildcat, Lickskillet, Bells, and Sixes Militia Districts; and
"(5) The West Section, comprising the Salacoa, Harbins, Clayton and Fair Play Militia Districts.
"Thereafter, the boundaries of each district shall be changed by the General Assembly of Georgia. No person shall be elected to said Board who does not reside within the district which such per son is to represent.
"Each member of the Board shall be elected by the qualified voters of his school district, except that the qualified voters of the Canton District within the corporate limits of the City of Canton shall elect from the citizens of the Canton District within the corporate limits of the City of Canton two (2) freeholders and the qualified voters of the Canton District outside the corporate limits of the City of Canton shall elect from the citizens of the Canton District outside the corporate limits of the City of Canton one (1) freeholder. The qualified voters of each of the other four (4) school districts shall elect from the citizens of their respective school district a freeholder. Each member shall be elected for a term of seven (7) years, except that the first election of Board members under this provision shall be for such terms as will pro vide for the expiration of the term of one member of the Cherokee County Board of Education each year.
"Within fifteen days after the ratification of this amendment, it shall be the duty of the Ordinary of Cherokee County to issue the call for an election to be held within the school districts, as herein provided, to elect members of the Board. Such election shall be held not less than ten (10) nor more than twenty (20) days after the issuance of the call, and the members elected shall enter upon the duties of their office. Thereafter, the election of a suc cessor to the member whose term expires that year shall be held on the Tuesday after the first Monday in November and he shall take office on January 1 following election. The General Assem bly is hereby authorized to change the election day herein pro vided.
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347
"At the election called upon ratification of this amendment, the candidate from the Canton District within the corporate limits of the City of Canton receiving the largest number of votes within the corporate limits of the City of Canton, shall serve for a term of seven (7) years. The candidate from the Canton District within the corporate limits of the City of Canton receiving the second largest number of votes within the corporate limits of the City of Canton shall serve for a term of one (1) year. The candidate from the Canton District outside the Corporate limits of the City of Canton receiving the largest number of votes in the Canton District, outside the corporate limits of the City of Canton shall serve for a term of four (4) years. The candidate from the North Section receiving the largest number of votes in the North Section shall serve for a term of two (2) years. The candidate from the East Section receiving the largest number of votes in the East Section shall serve for a term of three (3) years. The candidate from the South Section receiving the largest number of votes in the South Section shall serve for a term of five (5) years. The candidate from the West Section receiving the largest number of votes in the West Section shall serve for a term of six (6) years. Members of the Board shall serve their term and until their suc cessors are elected and qualified.
"Vacancies on said Board shall be filled by the remaining members of the Board, except that the grand jury shall appoint the members for a district for a full term in the event no freeholder in that district qualifies for election for a full term. Any member so appointed shall be a freeholder and a resident of the district that he represents.
"With respect to the initial operations of the school system herein created, the Board of Education of Cherokee County, as pro vided for before this amendment becomes a part of this Constitu tion, shall exercise all powers necessary in order to effectuate the purposes of this amendment until the election provided herein is held and the members of the Board are elected and qualified.
"The General Assembly is authorized to pass such laws and legislation as may be necessary to the operation, conduct and con trol of said Cherokee County school system and its fiscal affairs, including the right and authority to create indebtedness not in conflict with the Constitution of Georgia, and to enable said Chero kee County school system to contract, and be contracted with, and to do any and every act or acts necessary for the proper mainte nance of a comprehensive school system throughout the limits of Cherokee County, and to effectuate the purposes of this amend ment.
"The General Assembly may authorize the City of Canton and the County of Cherokee to appropriate money from the general funds to the Board for educational purposes, and may grant unto said Board all the powers of eminent domain, with all the remedies to execute such powers provided by any other laws of Georgia.
"The property of the Independent School System of the City of Canton and the property of the existing school system in the County of Cherokee outside the corporate limits of said city shall
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become the property of the Cherokee County School System as of the effective date of this amendment.
"The specifications of certain powers herein is not intended to be exclusive, it being the intention hereof that all powers granted herein are to be liberally construed so as to effectuate the general purpose of establishing and maintaining a comprehensive system of public education throughout the limits of Cherokee County."
SECTION 2.
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 branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejec tion to the electors as provided for in said Paragraph of the Con stitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to Article VIII, Section V, Paragraph I, of the Constitution of Georgia providing for the merger of the independent school system of Canton and the existing school system of the County of Cherokee.
"Against ratification of amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia providing for the merger of the independent school system of Canton and the exist ing school system in the County of Cherokee."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per sons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If the people shall ratify such amendment by a majority of the electors qualified to vote 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 for members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and 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:
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349
Those voting in the affirmative were Senators:
Ayers Blalock Brooks Chance Coffin Davis Dean Dews Florence Garrett Harden Harper Hollis Housley Jones, 38th
Jones, 18th Kelly Lambert Mann McDonald Millican Morrison Neel Page Parker Paulk Ponsell Raulerson Reynolds Richardson
Ricketson Roop Seagraves Shurling Steis Toms Turner Ursrey Warnell Waters Wilkins Wood Zellner
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 45, nays 0.
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
HR 17. By Mr. Coker of Cherokee:
A RESOLUTION
Proposing to the qualified voters an amendment to Article VIII, Section VI, Paragraph I of the Constitution of Georgia, so as to abolish the elective office of the County School Superintendent of Cherokee County; to provide for the appointment of the County School Superintendent of Cherokee County by the Cherokee County Board of Education; to provide that the Cherokee County Board of Education shall fix the qualification, duties, responsibilities, authorities, and compensation of the County School Superintendent of Cherokee County; to provide for the submission of this amendment for ratification or rejection; to provide an effective date; to provide that the Superin tendent elected to take office January 1, 1957 shall serve the entire term for which he is elected, unless a vacancy occurs; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article VIII, Section VI, Paragraph I of the Constitution of Geor gia is hereby amended by adding at the end thereof the following:
"The elective office of a County School Superintendent of Cherokee County is hereby abolished.
"The County School Superintendent of Cherokee County shall be appointed by and serve at the pleasure of the Cherokee County Board of Education. The Cherokee County Board of Education
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shall fix the qualification, duties, responsibilities, authorities and compensation of the County School Superintendent of Cherokee County.
"This amendment shall become effective upon the ratification of an amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia, providing for the merger of the Canton Independent School System and the Cherokee County School Sys tem into the Cherokee County School System and the election and qualification of the members of the Cherokee County Board of Edu cation as provided therein.
"The person elected County School Superintendent at the gen eral election in 1956 to take office January 1, 1957 shall serve the entire term for which he is elected, but in the event a vacancy occurs prior to the expiration of such term of office, the Cherokee County Board of Education shall appoint a Superintendent as provided hereinafter. No future elections by the people shall be held for the position of County School Superintendent."
SECTION 2.
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 branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended. Such pro posed amendment shall be submitted as provided in said Paragraph.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to Article VIII, Section VI, Paragraph I of the Constitution of Georgia so as to provide for the appointment of the County School Superintendent of Cherokee County by the Cherokee County Board of Education, and to provide that such Board shall fix his qualification, duties, responsibilities, authorities and compensation."
"Against ratification of amendment to Article VIII, Section VI, Paragraph I of the Constitution of Georgia so as to provide for the appointment of the County School Superintendent of Cherokee County by the Cherokee County Board of Education, and to pro vide that such Board shall fix his qualifications, duties, responsi bilities, authorities and compensation."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per sons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said paragraph of the Constitution, it 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 for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and
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351
certify the result to the Governor, who shall issue his proclamation thereon.
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:
Ayers Blalock Brooks
Chance Coffin Davis Dean Dews Florence Garrett Harden Harper Hollis Housley Jones, 38th
Jones, 18th Kelly Lambert
Mann McDonald Millican Morrison Neel Page Parker Paulk Ponsell Raulerson Reynolds Richardson
Ricketson Roop Seagraves
Shurling Steis Toms Turner Ursrey Warnell Waters Wilkins Wood Zellner
By unanimous consent the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 45, nays 0.
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
HR 20. By Mr. Greene of Crisp:
A RESOLUTION
Proposing an amendment to the Constitution 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 Cordele and the existing school district in the County of Crisp lying outside the corporate limits of said City, into one school district co-extensive with the limits of Crisp County; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article VIII, Section V, Paragraph I of the Constitution of Geor gia is hereby amended by adding at the end thereof a new paragraph, to read:
"The General Assembly of Georgia is hereby authorized to pass a special Act or Acts to merge the existing independent school
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system of the City of Cordele and the existing school district in the County of Crisp outside the corporate limits of said City, so that the entire area of Crisp County shall constitute one school district or system, the independent school system in the City of Cordele and the existing school district in Crisp 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 nec essary school buildings, and for acquiring the necessary property therefor.
"The General Assembly may provide for a new political entity, the affairs of which are to be managed by a board of education, to bear the name Crisp County Board of Education, hereinafter referred to as the Board.
"The administration of said school system shall be vested in a board to be known as the Crisp County Board of Education. The Board shall consist of six (6) members, men or women, or some of both, who at the time of their election shall be at least twentyfive (25) years of age and shall have been a bona fide resident of Crisp County for at least four (4) years. Members of the Board shall be persons of good moral character, who shall have a good knowledge of the elementary branches of our English education and be favorable to the common school system. Three'(3) members of said Board shall be elected from qualified candidates from within the corporate limits of the City of Cordele. One member of said Board shall be elected from qualified candidates from within what is known as West Crisp School District, one member of said Board shall be elected from qualified candidates from within what is known as Arabi School District, and one member of said Board shall be elected from qualified candidates from within what is known as East Crisp School District, the said three above referred areas comprising all of Crisp County outside the corporate limits of the City of Cordele.
"The General Assembly of Georgia may provide the time and method of holding elections for Board members. The election of all six of said Board members shall be by a vote of the qualified voters of the entire County of Crisp (including the qualified voters who live within the corporate limits of the City of Cordele).
"Regarding the first election, two (2) members of said Board (one from within the corporate limits of the City of Cordele and one from within Crisp County, outside the corporate limits of the City of Cordele), shall be elected for a term of two (2) years. Two (2) members of said Board (one from within the corporate limits of the City of Cordele and one from within Crisp County, outside the corporate limits of the City of Cordele), shall be elected for a term of four (4) years. Two (2) members of said Board (one from within the corporate limits of the City of Cordele and one from within Crisp County, outside the corporate limits of the City of Cordele), shall be elected for a term of six (6) years.
"After the first Board election, each succeeding member elected shall serve for a term of six (6) years. All members of the Board
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353
shall hold office until their successors are elected and qualified. In case of a vacancy on said Board by death, resignation, or from any cause other than the expiration of such member's term of office, the Board shall by secret ballot elect his successor for the unexpired term.
"Each and every member of said Board shall at all times have rights and privileges of voting in meetings, including the presiding officer.
"The Board members shall have such qualifications and shall be paid such compensation as may be fixed by law. The said Board is hereby authorized and empowered to operate, conduct, and con trol said system of public schools and its fiscal affairs, including the right and authority to create indebtedness as may be author ized by the General Assembly, not in conflict with this Constitu tion; 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 opera tion of a comprehensive school system throughout the limits of Crisp County.
"From and after the ratification of this amendment, the voters of Crisp County shall no longer elect the Crisp County School Superintendent. The General Assembly shall have authority to abolish, without a referendum, the term of the present County School Superintendent of Crisp County. The Board 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 Crisp 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), uni form throughout the County, of all taxable property in the County.
"Notwithstanding any other provision of this Constitution or any provisions of law, the commission or fees of the Tax Collector of Crisp County for collection of moneys for school purposes shall not exceed the following rates: Two and one-half percent (2Va%) on the first $100,000.00 collected; one percent (1%) on the second $100,000.00 collected; and one-half of one percent (%%) on all amounts collected above.
"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 Crisp County be changed from a fee to a salary, this provision shall become inoperative.
"The General Assembly may authorize the City of Cordele and the County of Crisp 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
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General Assembly pursuant hereto are to be liberally construed so as to effectuate the general purposes of establishing and maintain ing a comprehensive system of public education throughout the limits of Crisp County.
"The powers hereby granted to the General Assembly and the powers to be granted by the General Assembly to effectuate the pur poses herein 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 2.
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 branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. Such proposed amend ment shall be submitted as provided in said Paragraph.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia, authorizing the General Assembly to pass a special Act or Acts to merge the existing school system of the City of Cordele and the existing school district in the County of Crisp lying outside the corporate limits of said City, into one school district or system coextensive with the limits of said County.
"Against ratification of amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia, authorizing the General Assembly to pass a special Act or Acts to merge the existing school system of the City of Cordele and the existing school district in the County of Crisp lying outside the corporate limits of said City, into one school district or system coextensive with the limits of said County."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the committee, which was favorable to the adoption of the Resolution, was agreed to.
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355
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:
Ayers Blalock Brooks Chance Coffin Davis
Dean Dews Florence Garrett Harden Harper Hollis Housley Jones, 38th
Jones, 18th Kelly Lambert Mann McDonald Millican
Morrison Neel Page Parker Paulk Ponsell Raulerson Reynolds Richardson
Ricketson Roop Seagraves Shurling Steis Toms
Turner Ursrey Warnell Waters Wilkins Wood Zellner
By unanimous consent, 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 ma jority, was adopted.
HR 21. By Mr. Barker of Heard:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Heard County; to prescribe the procedure connected therewith; to provide for the submis sion of this amendment for ratification or rejection; and for other pur poses.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1.
Article VIII, Section V, Paragraph I of the Constitution, relating to County Boards of Education, is hereby amended by adding at the end thereof the following:
"The Board of Education of Heard County shall be composed of five members, who shall be elected by the voters of the entire county. No person who resides in any part of Heard County which is embraced within the territory of an independent school system shall be eligible for election as a member of the Board, nor may any such person be eligible to vote in any election to elect members of the Board. No person shall be eligible for membership on the Board unless he has been a citizen of Heard County for at least one year immediately preceding the date of the election and unless he has at least a high school education.
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In the event this amendment is ratified, it shall be the duty of the Ordinary of Heard County to issue a call for an election, which call shall be issued at least ten days prior to the date of such election and the Ordinary shall set the date for such election for a day be tween the 15th and 20th days of December inclusive, in the year 1956. Such election shall be for the purpose of electing the first members of the Board of Education of Heard County created under this Amendment, and it shall be the duty of the Ordinary to publish the date of the election, and the purpose thereof in the official organ of Heard County at least once preceding the date of the election. The members elected at such election shall take office January 1, 1957. Such members and all future members shall serve for a term of four years and until their successors are elected and qualified. All future elections shall be held quadrienially on the same day that county officials are elected, and the persons elected shall take office on the first day of January immediately following their election. In case of a vacancy on the Board for any cause other than expiration of a term of office, the remaining members of the Board shall elect a person who shall serve for the unexpired term.
The County Board of Education as provided for herein shall be subject to all constitutional provisions and all statutory provisions relative to County Boards of Education, unless such provisions are in conflict with the provisions of this amendment.
The Board of Education of Heard County in effect at the time of the ratification of this amendment shall be abolished effective December 31, 1956, and the terms of office of all members of such board shall expire on such date."
SECTION 2.
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 branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. Such proposed amend ment shall be submitted as provided in said Paragraph.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to Constitution so as to pro vide for the election of the members of the Board of Education of Heard County.
"Against ratification of amendment to Constitution so as to provide for the election of the members of the Board of Education of Heard County."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph
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357
of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
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:
Ayers Blalock Brooks Chance Coffin Davis Dean Dews Florence Garrett Harden Harper Hollis Housley
Jones, 38th
Jones, 18th Kelly Lambert Mann McDonald Millican Morrison Neel Page Parker Paulk Ponsell Raulerson Reynolds
Richardson
Ricketson Roop Seagraves Shurling Steis Toms Turner Ursrey Warnell Waters Wilkins Wood 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 ma jority, was adopted.
HE 28. By Messrs. Watson and Denson of Dougherty:
A RESOLUTION.
Proposing an amendment to the Constitution so as to provide for the paving of streets in Dougherty County, and to authorize the cost thereof to be assessed against the property on each side of such streets; to provide for the submission of this amendment for ratification or re jection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1.
Article XI, Section I, Paragraph I of the Constitution, relating to
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counties and the boundaries thereof, is hereby amended by adding at the end thereof the following:
"The governing authority of Dougherty County is hereby authorized to provide for the construction and maintenance, which shall include paving, of streets, sidewalks or curbing, either one or a combination of two or more, in the urban areas of such county outside the corporate limits of any municipality located in such county, and to assess the cost thereof on a lineal foot basis against the abutting property owners. The governing authority is further authorized 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 2.
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 branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. Such proposed amend ment shall be submitted as provided in said Paragraph.
The ballot submitting the above proposed amendment shall have
written or printed thereon the following:
.
"For ratification of amendment to the Constitution so as to provide for the paving of streets in Dougherty County and to authorize the cost thereof to be assessed against the property on each side of such streets.
"Against ratification of amendment to the Constitution so as to provide for the paving of streets in Dougherty County and to authorize the cost thereof to be assessed against the property on each side of such streets."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the committee, which was favorable to the adoption of the Resolution, was agreed to.
The Resolution, proposing an amendment to the constituttion, a roll call was ordered, and the vote was as follows:
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359
Those voting in the affirmative were Senators:
Ayers
Blalock Brooks Chance Coffin Davis Dean Dews Florence Garrett Harden Harper Hollis Housley
Jones, 38th
Jones, 18th
Kelly Lambert Mann McDonald Millican Morrison Neel Page Parker Paulk Ponsell Raulerson Reynolds
Richardson
Ricketson
Roop Seagraves Shurling Steis Toms Turner Ursrey Warnell Waters Wilkins Wood 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 ma jority, was adopted.
HR 33. By Messrs. Watson and Denson of Dougherty:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Dougherty County to issue and require building permits to charge fees therefor, and to establish a building code; to prescribe the procedure connected therewith; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1.
Article III, Section VII, Paragraph XXIII of the Constitution, re lating to zoning and planning laws, is hereby amended by adding at the end thereof the following:
"The governing authority of Dougherty County is hereby au thorized to issue and require building permits for all buildings and structures which are to be constructed in Dougherty County outside the corporate limits of any municipality, and to charge fees for such permits, which, in the discretion of the governing authority, shall not exceed the actual cost of any inspections which must be made relative to the issuance of such permits plus an amount which, in the discretion of the governing authority, should be charged to help defray the cost of the administration of this pro vision. The governing authority is further authorized to establish a building code governing all such construction, and to refuse building permits in cases where such construction does not conform
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with such code and cases where the governing authority, in its discretion, decides that the land upon which such construction is to be performed is unsatisfactory from a drainage or sanitary standpoint. The governing authority is hereby authorized to employ personnel to assist in carrying out the purposes of this provision, and is authorized to delegate to such personnel such of its duties as it deems advisable, except that the final decision as to whether the permit shall be issued and the fee to be charged therefor shall rest with the governing authority, rather than such personnel."
SECTION 2.
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 branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. Such proposed amend ment shall be submitted as provided in said Paragraph.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to authorize the governing authority of Dougherty County to issue and require building permits, to charge fees therefor, and to estab lish a building code.
"Against ratification of amendment to the Constitution so as to authorize the governing authority of Dougherty County to issue and require building permits, to charge fees therefor and to establish a building code."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
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:
Ayers Blalock Brooks
Chance Coffin Davis
Dean Dews Florence
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361
Garrett
Harden Harper Hollis Housley Jones, 38th Jones, 18th Kelly Lambert Mann McDonald Millican
Morrison
Neel Page Parker Paulk Ponsell Raulerson Reynolds Richardson Ricketson Roop Seagraves
Shurling
Steis Toms Turner Ursrey Warnell Waters Wilkins Wood 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 ma jority, was adopted.
HR 41. By Messrs. Watson and Denson of Dougherty:
A RESOLUTION
Proposing an amendment to Article VII, Section V, Paragraph I of the Constitution, so as to authorize the City of Albany in Dougherty County to levy a tax not to exceed one mill for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of new industries in or near the City of Albany; to authorize the pur chase of land and the erection of buildings and other facilities to be rented or leased to industries; to provide a board to render advice re specting the use of such fund, buildings, land or facilities; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1.
Article VII, Section V, Paragraph I of the Constitution of Georgia of 1945, as amended, is hereby amended by adding at the end thereof the following:
"The City of Albany in Dougherty County is authorized to levy a tax not to exceed one mill, in addition to all other taxes, on all the taxable property in the City, for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of in dustries in or near the City of Albany. Such fund may be used to pay entertainment, travel, advertising and other promotional ex penses to encourage the location of industries in or near said City, and to purchase land and erect buildings or other facilities to be rented or leased to industries. A board composed of the Mayor, President of the Albany Chamber of Commerce and one citizen ap pointed by the Board of Directors of the Albany Chamber of Com merce shall advise the governing authorities of the City of Albany on the administration and use of such fund, and of all such lands,
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buildings or facilities, and no expenditures may be made from such fund and no contracts entered into with respect thereto without the written concurrence of a majority of said Advisory Board with a majority of the Governing Board of the City of Albany.
SECTION 2.
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 branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended. Such proposed amend ment shall be submitted as provided in said Paragraph.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to Article VII, Section V, Para graph I of the Constitution, so as to authorize the City of Albany to levy a tax not to exceed one mill, for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in or near said City.
"Against ratification of amendment to Article VII, Section V, Paragraph I of the Constitution, so as to authorize the City of Albany to levy a tax not to exceed one mill, for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in or near said City."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as reurns for elections for members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and 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:
Ayers Blalock Brooks Chance Coffin
Davis Dean Dews Florence Garrett
Harden Harper Hollis Housley Jones, 38th
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363
Jones, 18th Kelly Lambert Mann McDonald Millican Morrison Neel Page Parker
Paulk Ponsell Raulerson Reynolds Richardson Ricketson Roop Seagraves Shurling Steis
Toms Turner Ursrey Warnell Waters Wilkins Wood Zellner
By unanimous consent, 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 ma jority, was adopted.
HR 42. By Messrs. Watson and Denson of Dougherty:
A RESOLUTION.
Proposing an amendment to Article VII, Section IV, Paragraph 1
of the Constitution, so as to authorize Dougherty County to levy a tax
not exceeding one mill on all of the taxable property in the County, for
the purpose of creating a fund to be used in assisting, promoting and
encouraging the location of industries in Dougherty County; to provide
that such fund may be used to purchase land and erect buildings or
other facilities to be rented or leased to industries; to provide a board
to advise the governing authorities of Dougherty County on the admin
istration and use of such land, lands, buildings or facilities; to provide
for the submission of this amendment for ratification or rejection; and
,
for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA :
SECTION 1.
Article VII, Section IV, Paragraph 1 of the Constitution of Georgia of 1945, as amended, is hereby amended by adding at the end of Para graph 1 the following:
"Provided, however, that Dougherty County is authorized to levy a tax, in addition to those already provided for by law, not to exceed one mill, on all the taxable property in the County, for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Dougherty County. Such fund may be used to pay entertainment, travel, advertising and other promotional expenses to encourage the location of indus tries in or near said city and to purchase land and erect buildings or other facilities to be rented or leased to industries.
A board composed of one member appointed by the governing authorities of Dougherty County, the President of the Albany Chamber of Commerce and one citizen appointed by the Board of Directors of the Albany Chamber of Commerce shall advise the
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governing authorities of said County on the administration and use of such fund and of all such land, buildings or facilities, and no expenditure may be made from such fund and no contract entered into with respect thereto without the written concurrence of a ma jority of said Advisory Board with a majority of the Governing Body of said County.
SECTION 2.
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 branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section 1, Paragraph 1 of the Constitution of Georgia of 1945, as amended. Such proposed amend ment shall be submitted as provided in said Paragraph.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of the amendment to Article VII, Section IV, Paragraph I of the Constitution so as to provide that Dougherty County may levy a tax, not to exceed one mill, for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Dougherty County.
"Against ratification of the amendment to Article VII, Section IV, Paragraph I of the Constitution so as to provide that Dougherty County may levy a tax, not to exceed one mill, for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Dougherty County."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and 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:
Ayers Blalock Brooks
Chance Coffin Davis
Dean Dews Florence
WEDNESDAY, FEBRUARY 1, 1956.
365
Garrett Harden Harper Hollis Housley Jones, 38th Jones, 18th Kelly Lambert Mann McDonald Millican
Morrison Neel Page Parker Paulk Ponsell Raulerson Reynolds Richardson Ricketson Roop Seagraves
Shurling Steis Toms Turner Ursrey Warnell Waters Wilkins Wood 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 ma jority, was adopted.
HR 50. By Messrs. Cornelius and McKelvey of Polk:
A RESOLUTION
Proposing an amendment to the Constitution, so as to provide for the election of the County School Superintendent of Polk County by the people instead of by the county board of education; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1.
Artcile VIII, Section V, Paragraph I of the Constitution relating to county boards of education, as amended by a Resolution found in Georgia Laws 1947, page 1764, which added provisions relative to the County Board of Education and County School Superintendent of Polk County, is hereby amended by striking from that portion added by the aforesaid Resolution of 1947, the following:
"There shall be a County School Superintendent who shall be elected or appointed by the County Board of Education of Polk County. Before any person shall be elected or appointed County School Superintendent he shall have all of the qualifications which are now, or which may hereafter be prescribed by law for county school superintendents of the State, except that any legal require ment as to local residence, shall not be applicable. From and after the ratification of this amendment the voters of Polk County shall no longer elect a County School Superintendent.",
and inserting in lieu thereof the following:
"The County School Superintendent of Polk County shall be elected by the electors of Polk County instead of by the county board of education of Polk County. The county school superintendent as
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provided for hereinafter shall be subject to all constitutional pro visions and all statutory provisions relative to the county school superintendent unless such provisions are in conflict with the pro visions of this amendment. In the event this amendment is ratified, it shall be the duty of the Ordinary of Polk County to hold and con duct an election for the purpose of electing a County School Super intendent of Polk County. The ordinary shall set the date of such election either for December 17, 18, 19, 20 or 21st in the year 1956. The person elected at such election shall take office January 1, 1957 for a term of four years, and until his successor is elected and qualified. The ordinary shall cause the date and purpose of such election to be published at least once in the official organ of Polk County preceding the date thereof. The ordinary shall certify the results of the election and he shall also certify the results thereto to the Secretary of State. All future elections shall be held at the same time as other county officers of Polk County are elected. The person serving as County School Superintendent at the time of the ratification of this amendment shall continue to serve through De cember 31, 1956."
SECTION 2.
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 branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. Such proposed amend ment shall be submitted as provided in said Paragraph.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to Constitution so as to provide for the election of the County School Superintendent of Polk County by the people instead of by the county board of education."
"Against ratification of amendment to Constitution so as to provide for the election of the County School Superintendent of Polk County by the people instead of by the county board of edu cation."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
WEDNESDAY, FEBRUARY 1, 1956.
367
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:
Ayers Blalock Brooks Chance Coffin Davis Dean Dews Florence Garrett Harden Harper Hollis Housley Jones, 38th.
Jones, 18th Kelly Lambert Mann McDonald Millican Morrison Neel Page Parker
Paulk Ponsell Raulerson Reynolds Richardson
Ricketson Roop Seagraves Shurling Steis Toms Turner Ursrey Warnell Waters Wilkins Wood 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 ma jority, was adopted.
The following general bills were read the third time and put upon their passage:
SB 32. By Senator Overby of the 33rd: A bill to regulate the sanitary conditions of meat, poultry, and dairy processing plants; to provide for inspections; to provide for rules and regulations; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0. The bill, having received the requisite constitutional majority, was passed.
SB 40. By Senators Neel of the 7th and Overby of the 33rd:
A bill to amend Chapter 114 of the code of Georgia so as to change cer tain provisions relative to the Workmen's Compensation Law; and for other purposes.
The Committee on Judiciary offered the following amendment: Amend SB 40 by inserting in the title thereof, just before the
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words "To repeal conflicting laws; and for other purposes", the follow ing language:
"By amending Section 114-106 of the Code relative to settle ments being encouraged by providing for the compromise settlement of claims where there is dispute as to the facts or as to the appli cability of the Workmen's Compensation Act;"
by adding thereto a new section to be appropriately numbered and reading as follows:
Section 6. Section 114-106 of the Code dealing with settlements between the parties is amended by adding thereto to the end there of, the following:
"Whenever it shall appear to the Board, by stipulation of the parties or otherwise, that there is a bona fide dispute as to facts, the determination of which will materially affect the right or lack of right of the employee or dependent to recover compensation, or the amount of compensation which would be recovered, or that there is a genuine dispute as to the applicability of the Act, and it further appears that the parties have agreed upon a settlement between themselves, which settlement gives due regard and weight to the conflicting evidence available relating to the disputed facts, or to' the questions as to the applicability of the Act, then upon such determination, the Board shall approve such settlement and enter an award conforming to the terms of such settlement, even though such settlement may provide for the payment of compensation in a sum or sums less than would be payable if there were no conflict as to the employee's right to recover compensation; where such settlement has been agreed upon and approved by the Board, the same shall constitute a complete and final disposition of all claims on account of the incident, injury or injuries referred to therein and the Board shall not be authorized to enter up any award in the future changing, modifying or amending the said settlement on account of any claimed change in condition or otherwise."
so that as amended, the said section reads as follows:
"114-106. Conclusiveness of settlement: The settlement of a workmen's compensation claim made in accordance with the provi sions of the law, filed with the department and approved by the Board of Workmen's Compensation, is res judieata and is as binding on the parties as if the claim had been tried, and final award enter ed. Whenever it shall appear to the Board, by stipulation of the parties or otherwise, that there is a bona fide dispute as to facts the determination of which will materially affect the right or lack of right of the employee or dependent to recover compensation, or the amount of compensation which would be recovered, that there is a genuine dispute as to the applicability of the Act, and it further appears that the parties have agreed upon a settlement between themselves, which settlement gives due regard and weight to the conflicting evidence available relating to the disputed facts, or to the questions as to the applicability of the Act, then upon such de termination, the Board shall approve such settlement, even though such settlement may provide for the payment of compensation in a sum or sums less than would be payable if there were no conflict as to the employee's right to recover compensation; where such
WEDNESDAY, FEBRUARY 1, 1956.
369
settlement has been agreed upon and approved by the Board, the same shall constitute a complete and final disposition of all claims on account of the incident, injury or injuries referred to therein and the Board shall not be authorized to enter up any award in the future changing, modifying or amending the said settlement on account of any claimed changed in condition or otherwise."
On the adoption of the amendment, the ayes were 31, nays 0, and the amend ment was adopted.
The Committee on Industry and Labor offered the following amend ment: Amend SB 40 by inserting in the title thereof, just before the words "to repeal conflicting laws; and for other purposes", the following language:
"To amend Sections 114-303 and 114-304 of the Code relative to notice of accident and contents and manner of giving notice, so as to provide that notice of accident be given to a supervisory agent of the employer; to amend Section 114-413 of the Code relative to awards of compensation on account of death so as to provide a maximum limitation on the amount of compensation payable in cases of death;"
by renumbering Section 7 to read Section 11 and by inserting immedi ately after Section 6, the following new sections:
Section 7. Section 114-303 of the Code of Georgia of 1933 is amended by striking therefrom, in the third, fourth, eleventh and fifteenth lines thereof, the words "his agent, representative," and inserting in lieu thereof, the words, "or to a supervisory agent of the employer", and by striking therefrom, in the twenty-first line thereof the words "his agent, representative," and inserting in lieu thereof, the words, "a supervisory agent of the employer," so that the said section, as amended, shall read as follows:
"114-303. Notice of accident. Every injured employee or his representative shall, immediately on the occurrence of any accident, or as soon thereafter as practicable, give or cause to be given to the employer, or to a supervisory agent of the employer, or foreman, or the immediate superior of the injured employee, a notice of the accident. This notice shall be given by the employee either in per son or by his representative, and until such notice is given the employee shall not be entitled to any physician's fees nor to any compensation which may have accrued under the terms of this law prior to the giving of such notice. In the event a notice has not been given within 30 days after the accident, in person either by the employee or his representative, to the employer, or to a super visory agent of the employer, or foreman, or to the immediate superior of the injured employee, a written notice must be given. This written notice will not be required where an injured employee or his representative has given notice in person to the employer, or to a supervisory agent of the employer, or foreman, or to the immediate superior of the injured employee. No compensation will be payable unless such notice, either oral or written, is given within 30 days after the occurrence of an accident or within 30 days after death resulting from an accident unless it can be shown that the employee had been prevented from doing so by reason of physical
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or mental incapacity, or by fraud or deceit, or that the employer, a supervisory agent of the employer, or foreman, or the immediate superior of the injured employee, had knowledge of the accident, or unless a reasonable excuse is made to the satisfaction of the Department of Industrial Relations for not giving such notice, and it is reasonably proved to the satisfaction of the Department that the employer had not been prejudiced thereby."
Section 8. Section 114-304 of the Code of Georgia of 1933, is amended by striking therefrom, in the tenth line thereof, the words, "or his agent, representative", and inserting in lieu thereof, the words, "or to a supervisory agent of the employer", so that said section, as amended, shall read as follows:
"114-304. Contents of and manner of giving notice. The writ ten notice provided for in the foregoing section shall state in ordi nary language the name and address of the employee, the time, place, nature and cause of the accident and of the resulting injury or death, and shall be signed by the employee or by a person in his behalf, or, in the event of his death, by any one or more of his dependents or by a person in their behalf. No defect or inaccuracy in the notice shall be a bar to compensation unless the employer shall prove that his interest was prejudiced thereby, and then only to the extent of the prejudice. Said notice shall be given personally to the employer, a supervisory agent of the employer, or foreman, or to the immediate superior of the injured employee, or may be sent by registered letter addressed to the employer at his last known residence or place of business."
Section 9. Section 114-413 of the Code of Georgia, as amended, relating to death from causes other than injuries, death resulting from injury, expenses of last sickness and funeral, and dependents, is hereby amended by adding thereto at the end thereof a new para graph reading as follows:
"In no event shall the compensation awarded in a case involving the death of an employee exceed $8,500."
so that as amended the said section shall read as follows:
"114-413. Death from causes other than injury; death result ing from injury; expenses of last sickness and funeral; dependents. --When an employee is entitled to compensation under this Title for an injury received, and death ensues from any cause not resulting from the injury for which he was entitled the compensation, pay ments of the unpaid balance for such injury shall cease and all liability therefor shall terminate.
"If death results instantly from an accident arising out of and in the course of employment, or if during the period of disability caused by an accident death results proximately therefrom, the
compensation under this Title shall be as follows:
"(a) The employer shall, in addition to any other compensation, pay the reasonable expenses of the employee's last sickness, and burial expenses not to exceed $350. If the employee leaves no de pendents this shall be the only compensation.
"(b) The employer shall pay the dependents of the deceased
WEDNESDAY, FEBRUARY 1, 1956.
371
employee, wholly dependent on his earnings for support at the time of the injury, a weekly compensation equal to 85 percent of the compensation which is provided for in Section 114-404 for total dis ability, for a period not exceeding 400 weeks from date of injury.
"(c) If the employee leaves dependents only partially depend ent on his earnings for their support at the time of his injury, the weekly compensation for these dependents shall be in the same proportion to the compensation for persons wholly dependent as the average amount contributed weekly by the deceased to the partial dependents bears to his avarege weekly wages at the time of his injury.
"(d) When weekly payments have been made to an injured employee before his death, compensation to dependents shall begin on the date of the last of such payments, but the number of weekly payments made to the injured employee under Section 114-404 shall be subtracted from the maximum of 400 weeks provided by this section, so that the duration of payments made to the dependents under this section plus the weekly payments made to the injured employee under Section 114-404 shall not exceed a total of 400 weeks from the date of the injury, and in no case shall payments be made to dependents except during dependency.
"(e) If the employee does not leave dependents, citizens of or residing at the time of the accident in the United States or Domin ion of Canada, the amount of compensation shall not in any case exceed $1,000.
"The compensation provided for in this section shall be payable only to dependents and only during dependency.
"In no event shall the compensation awarded in a case involving the death of an employee exceed $8,500."
On the adoption of the amendment, the ayes were 24, nays 21, and the amend ment was adopted.
The Committee on Industry and Labor offered the following amend ment: Amend SB 40 by inserting in the title thereof, just before the words "to repeal conflicting laws; and for other purposes", the following language:
"By amending Section 114-403 of the Code relative to damages and compensation both being recoverable and subrogation, so as to provide for subrogation by the party called upon to pay compen sation in certain circumstances and to provide a procedure there for;"
by adding thereto a new section to be appropriately numbered and read ing as follows:
Section 10. Section 114-403 of the Code of Georgia of 1933 as amended by Acts of 1937, pp. 528, 530, is amended by striking the said section in its entirety and substituting, in lieu thereof, the following:
"114-403. Subrogation. Whenever a party is called upon to pay compensation, medical expenses and/or funeral expenses on
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account of injury or death compensable under this Act and such party contends that a party or parties other than the employer are liable to pay damages, on account of such injury or death, to the injured employee or those entitled to recover for the employee's death, the party called upon to make such payment may give writ ten notice to the parties contended to be so liable and to the in jured employee or those entitled to recover on account of his death of such contention and of the fact that the party giving notice is required to make such payment. Upon giving such written notice, the party called upon to make such payment shall be subrogated, to the extent of the compensation, medical expenses and/or funeral expenses payable, to all rights arising out of the injury or death which the injured employee or those entitled to recover on account of his death shall have against such notified parties, and shall have a lien therefor against any recovery made by the injured employee or by those entitled to recover on account of the employee's death against any of the parties so notified.
"After such notice shall have been given, no settlement, release, convenant not to sue, or other agreement between any of the parties so notified shall be effective to prejudice the right of the party giving notice to bring an action in the name of the party giving notice or in the name of the party or parties receiving compensa tion against any of the parties so notified to recover the amount of compensation, medical payments, and/or funeral expenses payable on account of such injury or death unless such agreement includes as a party thereto the party giving such notice. The payment by any party so notified of any sum to the injured employee or to those entitled to recover an account of his death in compromise or settle ment of such party's liability on account of such injury or death without the agreement of the party giving such notice shall raise a presumption that the party making such payment is liable to the party called upon to pay compensation, medical expenses or funeral expenses to the extent of such compensation, medical expenses or funeral expenses."
"In any action brought by the injured employee or those en titled to recover on account of his death against the party or parties so notified, the party giving such notice shall have the right to in tervene, set up the fact of its liability to pay compensation, medical expenses and/or funeral expenses, the extent of such liability and the fact of giving such notice, and such intervention shall be ef fective to prevent dismissal of such action without the consent of such intervenor.
"If the injured employee or those entitled to recover on account of the death of such employee do not commence an action against the party or parties so notified within six (6) months after the date of the giving of such notice, the party who has given the notice shall be entitled to commence an action in such party's own name or in the name of the employee, or those entitled to recover on account of his death, against any or all of the parties so notified to recover all sums recoverable on account of the said injury or death; pro vided, however, that any sums recovered in such an action above and beyond the amount of compensation, medical expenses and or funeral expenses payable shall be recovered for the injured em ployee or those entitled to recover on account of his death."
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373
On the adoption of the amendment, Senator McDonald of the 43rd 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
Chance Clary Coffin Garrett Harden Harper Harrison
Hollis Housley
Jones, 38th Jones, 18th Jones, 23rd Kelly Neel Overby Page
Raulerson Richardson
Roop Seagraves Turner Warnell Wetherington Wood
Those voting in the negative were Senators:
Davis Dean Dews Florence Lambert Mann Matthews
MeBride McDonald Parker Paulk Ponsell Ricketson Steis
Strickland Toms Ursrey Waters Wilkins Zellner
By unanimous consent the verification of the roll call was dispensed with.
On the adoption of the amendment, the ayes were 26, nays 20, and the amendment was adopted.
Senator Steis of the 25th offered the following amendment: Amend SB 40 as follows:
SB 40 being in title and Act to amend Section 114-102 of the Code, relative to the definition of an injury and personal injury, as amended so as to change the definition thereof; to amend Section 114-105 of the Code, relating to employees willfulness conduct, so as to provide that no compensation of benefit shall be allowed if an em ployee refuse to take physical examinations; to amend Section 114-406 of the Code, relating to compensation for injuries as amended, so as to make provisions relative to the partial loss of or loss of use of a mem ber or vision of an eye; to amend Section 114-709 of the Code, relating to the review of an award or settlement on motion of the Board because of changing condition, as amended, so as to add conditions upon which the Board may make an award; to amend Sections 114-716 of the Code relative to records and reports, is hereby amended as follows:
AMENDMENT TO SB 40. SB 40 is hereby amended by striking Section 1 from said bill.
On the adoption of the amendment, the ayes were 43, nays 2, and the amend ment was adopted.
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The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.
On the passage of the bill, the ayes were 40, nays 1.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 45. By Senators Wilkins of the 44th, Matthews of the 47th, Dean of the 40th and Jones of the 23rd:
A bill to make it unlawful to park or leave unattended any vehicle upon the right-of-way of any state highway for over twenty-four hours; pro hibit erection of signs; provide uniform division of Department of Public Safety with power to enforce act; provide punishment for violation; and for other purposes.
The Committee on Public Utilities and Transportation offered the following amendment:
Amend SB 45 by deleting the words "twenty-four" between the words "over" and "hours" and inserting the words "forty-eight".
On the adoption of the amendment, the ayes were 34, nays 0, and the amend ment was adopted.
Senator Wilkins of the 44th offered the following amendment:
Amend SB 45 by striking from Section 3 the words, "or do any kind of business for the purpose of gain on",
so that said section as amended shall read as follows:
"Section 3. It shall be unlawful for any person or persons to sell merchandise, fruits or vegetables or nuts or anything else of value while parked on state right-of-way of the state highways of Georgia, except that the sellers of fruits, nuts and/or vegetables shall be exempt from the provisions of this act, provided they dis play said products no nearer than fifteen (15) feet from the edge of the pavement of said highways, so as to allow potential customers room to park on the shoulders on said highways, allowing full clear ance of paved sections."
On the adoption of the amendment, the ayes were 38, 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 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.
The following message was received from the House through Mr. Boone, the the Clerk thereof:
WEDNESDAY, FEBRUARY 1, 1956.
375
Mr. President:
The House has passed as amended by the requisite constitutional majority the following bill of the Senate to wit:
SB 75. By Senators Harden of the 27th and others:
A bill to fix the domicile of corporations engaged in publishing news papers, magazines and other periodicals; to fix the revenue of actions in tort against such corporations; and for other purposes.
The following bill of the Senate was taken up for the purpose of considering House amendment thereto:
SB 75. By Senators Harden of the 27th, Shurling of the 21st, Dykes of the 14th and others:
A bill to fix the domicile of corporations engaged in publishing news papers, magazines and other periodicals to fix the venue of actions in tort against such corporations; and for other purposes.
The House amendment was as follows:
By Mr. Groover of Bibb:
Amend SB 75 by striking the words "ten counties" in line 3 of section 1 and inserting in lieu thereof the words "one County".
Senator Shurling of the 21st moved that the Senate agree to the House amendment to SB 75.
On the adoption of the amendment the ayes were 33, nays 1, and the amend ment was adopted.
SB 49. By Senators McDonald of the 43rd and Overby of the 33rd:
A bill to amend an act providing revenue and a source of revenue for the purpose of paying annuities and benefits to the peace officers of the State of Georgia, Ga. Laws 1950, p. 50, so as to change the provisions relative to eligibility; and for other purposes.
The Committee on Appropriations offered the folllowing amend ment:
Amend SB 49 as follows:
By striking from the matter quoted as Section 8 in Section 7 of said bill the following: "Such term shall also include any warden or prison guard of state, county or city public works camps who is re quired by the terms of his employment as such warden or prison guard to give his full time to his job as such warden or prison guard," and inserting in lieu thereof the following: "Such term shall also in clude any warden or guard of state or county public works camps and any warden or guard of municipal public works camps of a municipality having a population of 70,000 or more according to the last or any future United States census, who is required by the terms of his employment as such warden or guard to give his full time to his job as such warden
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or guard. Any warden or guard of a municipal public works camp who on or before October 1, 1956, shall pay dues for prior service shall be deemed to have been a member for such periods and shall be entitled to all the rights and benefits to which other employees during such periods are entitled."
By striking from the second paragraph of the matter quoted as Section 9 in Section 8 of said bill and the word "July" and inserting in lieu thereof the words, "October".
By striking from the matter quoted as Section 11 in Section 10 of said bill the words, "and shall be entitled to receive a monthly sum of one hundred ($100.00) dollars upon reaching the age of fifty-five (55), or if he chooses to wait until he has reached the age of sixty (60)," and inserting in lieu thereof the following: "and may cease employment as a peace officer, warden or guard, and shall be entitled to receive a monthly sum of one hundred ($100.00) dollars upon reaching the age of fifty-five (55) or if he chooses to wait until he has reached the age of sixty (60.)"
By striking from the matter quoted as Section 12 in Section 11 of said bill the words, "immediately preceding such injury".
By striking from the matter quoted as Section 13 in Section 12 of said bill the sentence, "Such service must have been performed immedi ately preceding such death."
On the adoption of the amendment, the ayes were 36, 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.
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 98. By Senators Harden of the 27th, Davis of the 42nd, Ponsell of the 5th, McBride of the 10th, Jones of the 38th and Coffin of the llth:
A bill to amend the act known as the Georgia Military Forces Reorgani zation Act of 1955 so as to change the description of the flag of 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 41, nays 3.
The bill, having received the requisite constitutional majority, was passed.
HB 35. By Messrs. Tarpley of Union, Cheatham of Chatham, Lindsey of Spalding and others:
A bill to create a statewide probation system; and for other purposes.
WEDNESDAY, FEBRUARY 1, 1956.
377
The Committee on Judiciary offered the following amendment:
Amend HB 35 by adding at the end of Section 2 the following:
"A majority of the Board of Probation shall constitute a quorum for the transaction of all business except as hereinafter provided."
On the adoption of the amendment, the ayes were 37, nays 0, and the amend ment was adopted.
The Committee on Judiciary offered the following amendment:
Amend HB 35 by adding at the end of Section 6 the following:
"If a circuit probation officer should be an attorney-at-law, he shall be prohibited from practicing law or maintaining any connection with any law firm while serving as a circuit probation officer."
On the adoption of the amendment, the: ayes were 43, nays 0, and the amend ment was adopted.
The Committee on Judiciary offered the following amendment:
Amend HB 35 by adding in section 6, immediately after the figures "$3600.00", the words and figures "nor more than $4800.00."
On the adoption of the amendment, the ayes were 40, nays 2, and the amend ment was adopted.
The Committee on Judiciary offered the following amendment:
Amend HB 35 by adding in section 8, line 20, immediately after the word "sentence", the words "of confinement".
On the adoption of the amendment, the ayes were 44, nays 0, and the amendment was adopted.
The Committee on Judiciary offered the following amendment:
Amend HB 35 by striking the last sentence of Section 8.
On the adoption of the amendment, the ayes were 39, nays 1, and the amendment was adopted.
The Committee on Judiciary offered the following amendment:
Amend HB 35 by adding at the end of Section 8 the following:
"The court may, in its discretion, require the payment of a fine or costs or both as a condition precedent to probation."
On the adoption of the amendment, the ayes were 40, nays 0, and the amend ment was adopted.
The Committee on Judiciary offered the following amendment:
Amend HB 35 by adding at the end of Section 6 a new section to read as follows:
"Each circuit probation officer shall give bond in such amount, not less than $5,000.00, as may be fixed by the Board, payable to the Board
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JOURNAL OF THE SENATE,
for the use of the person or persons damaged by his misfeasance or mal feasance, and conditioned on the faithful performance of his duties, the cost of the bond to be paid by the Board."
On the adoption of the amendment, the ayes were 40, nays 0, and the amend ment was adopted.
The Committee on General Judiciary offered the following amendment:
Amend HB 35 by adding at the end of the first sentence of Section
:
11 the following:
"Provided, however, the foregoing shall not be construed to prohibit the conviction and sentencing of the probationer for the subsequent commission of the same or a similar offense or for the subsequent continuation of the offense for which he was previously sentenced."
On the adoption of the amendment, the ayes were 41, nays 0, and the amendment was adopted.
The Committee on General Judiciary offered the following amendment:
Amend HB 35 by striking from Section 15 the words "and such system shall be under the general supervision of the State Board of Probation".
On the adoption of the amendment, the ayes were 41, nays 0, and the amend ment was adopted.
The Committee on Judiciary offered the following amendment:
Amend HB 35 by striking from Section 17 the words "and shall furnish any information which is desired."
On the adoption of the amendment, the ayes were 42, nays 0, and the amendment was adopted.
The Committee on Judiciary offered the following amendment:
Amend HB 35 (a) By striking the last sentence of Section 12 in its entirety and substituting therefor the following:
"If such probation is revoked, the court may order the execu tion of the sentence which was originally imposed, or any portion thereof, and no part of the time that the defendant has been on probation need be considered as any part of the time that he shall have been sentenced to serve.
(b) By striking the last portion of the first sentence of Sec tion 14, beginning with the words "the court" in line 3, and by striking the words "In either event" at the beginning of the second sentence, and substituting therefor the words "and the court has placed the defendant on probation,"
(c) By striking from Section 8, line 17, the words "stay and suspend the imposition or sentence upon such defendant, and shall"
WEDNESDAY, FEBRUARY 1, 1956.
379
and substitute therefor the following: "shall impose sentence upon such defendant but may stay and suspend the execution of such sentence or any portion thereof, and may"
On the adoption of the amendment, the ayes were 42, nays 0, and the amendment was adopted.
The Committee on Judiciary offered the following amendment:
Amend HB 35 by adding at the end of Section 8 the following:
"During the interval between the conviction or plea and the hearing to determine the question of probation, the court may, in its discretion, either order the confinement of the defendant with out bond or may permit his release on bond, which shall be condi tioned on his appearance at the hearing and which shall be subject to the same rules as govern appearance bonds. Any time served in confinement shall be considered a part of the sentence of the defendant."
On the adoption of the amendment, the ayes were 41, nays 0, and the amendment was adopted.
Senator Hollis of the 24th offered the following amendment:
Amend HB 35 by adding at the end of Section 5 the following:
"If the judge or a majority of the judges of the circuit or circuits shall be dissatisfied with the circuit's probation officer assigned to such circuit or circuits he or they may relieve such circuit probation officers from his duties in said circuit or circuits he or they may relieve such circuit probation officers from his duties in said circuit or circuits, in which event he or they shall immedi ately recommend to the Board that the probation officer be either discharged or reassigned to another circuit, giving his reasons and the Board shall immediately either discharge or reassign such probation officer."
On the adoption of the amendment, the ayes were 43, nays 0, and the amendment was adopted.
Senator McDonald of the 43rd offered the following amendment:
Amend HB 35 by striking the period at the end of Section 2 thereof and inserting the following: "plus travel expenses."
On the adoption of the amendment the ayes were 28, 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.
On the passage of the bill, the ayes were 43, nays 1.
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The bill, having received the requisite constitutional majority, was passed as amended.
HR 62. By Mr. Sheffield of Brooks:
A resolution creating a committee for the purpose of discussing com mon problems with members of legislatures from certain other states; and for other purposes.
Senator Millican of the 52nd offered the following substitute to HB 62:
A RESOLUTION
Creating a committee for the purpose of discussing common prob lems with members of Legislatures from certain other States; and for other purposes.
WHEREAS, at the present time, the State of Georgia is faced with some of the most important and complicated problems in its long history, particularly those problems having to do with segregation of the races; and
WHEREAS, Georgia shares those problems with other sister States of the South; and
WHEREAS, it would be extremely advantageous to the members of the General Assembly, to the Governor, and the people of this State to obtain information and knowledge as to the methods and procedures by which other States are seeking to solve this present dilemma,
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created a committee to be composed of one (1) member of the House of Representatives, and one (1) member of the Senate, both to be appointed by the Gover nor for the purpose of visiting the Legislatures of the States of Ala bama, Mississippi, South Carolina, and Virginia, in order to discuss the common problems which present themselves at this time, particularly those relating to segregation of the races. Said committee shall make a report of its discussions and findings in such other States to the Gov ernor and to the members of the General Assembly before the adjourn ment of this 1956 Session of the General Assembly.
On the adoption of the substitute, the ayes were 42, nays 1 and the sub stitute was adopted.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to by substitute.
On the adoption of the resolution, the ayes were 42, nays 1.
The resolution, having received the requisite constitutional majority, was adopted by substitute.
Senator Raulerson of the 46th asked unanimous consent that the following resolution of the Senate be withdrawn from the Committee on County and Municipal Governments, read the second time and recommitted:
WEDNESDAY, FEBRUARY 1, 1956.
381
SR 14. By Senator Raulerson of the 46th:
A resolution to authorize the Governor acting on behalf of the state to convey certain property to Pierce County; and for other purposes.
The consent was granted.
Senator Raulerson of the 46th asked unanimous consent that the following resolution of the Senate be withdrawn from the Committee on County and Municipal Governments, read the second time and recommitted:
SR 36. By Senator Raulerson of the 46th:
A resolution proposing an amendment to the constitution so as to pro vide for the election of members of the Board of Education of Pierce County by district; and for other purposes.
The consent was granted.
SB 60. By Senator Shurling of the 21st:
A bill to amend chapter 23 of the 1933 code of Georgia relating to counties so as to require a performance bond in favor of the state or county or municipal corporation or other public board or body and further to require a payment bond for the use of laborers and materialmen, subcontractors and laborers and materialmen of subcontractors; and for other purposes.
The Committee on County and Municipal Governments offered the following amendment:
Amend SB 60, Section 1, by striking in paragraph number 1 the words:
"This bond shall not be required on contracts with counties", and by inserting in lieu thereof the words:
"This bond shall not be required when a bond is required under
Section 23-1704 of the Code of Georgia of 1933 as amended".
Section 1 is further amended by striking in paragraph Number 3 the words:
"to municipal corporations having a population of Two Hundred
Fifty Thousand (250,000) or more according to the last or any future decennial census".
II
Section 3 is, hereby, amended by inserting in Section 23-1707 of the Code of Georgia of 1933 as amended immediately following the words:
"or either of them have become insolvent" the following words:
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"or any corporate surety is no longer approved by the Insurance Commissioner to do business in the state".
On the adoption of the amendment, the ayes were 37, 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.
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 78. By Senators Overby of the 33rd, Ursrey of the 54th, Jones of the 38th and Matthews of the 47th:
A bill to amend the unemployment compensation law by modifying and liberalizing the benefit tables so as to change the weekly benefit amount, qualifications and eligibility for benefits; and for other purposes.
The Committee on Industry and Labor offered the following substitute:
AN ACT
To amend an Act approved March 29, 1937, known as the "Unem ployment Compensation Law" (Ga. Laws 1937, pp. 806 et seq.), as amended, (now Employment Security Law), by modifying and liberaliz ing the benefit tables so as to change the weekly benefit amount, qualifications and eligibility for benefits; by providing for the dura tion of benefits under certain conditions; by providing for qualifying wages under certain conditions; by providing for the disqualification for weeks compensation is received under certain other laws; by pro viding for the noncharging of employer's experience-rating accounts with benefits paid under certain conditions; by providing for tax rate reductions by modifying and changing the ratio of reserves in the table for rate variations under the experience-rating provisions; by redefin ing the term "average annual pay roll" for certain purposes; by increas ing the minimum balance amount in the Trust Fund for experience rating purposes; by providing for the exemption under the definition of "wages" of amounts paid by an employer into a fund and payments from a fund as supplementation of unemployment benefits; 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 1.
The Act approved March 29, 1937, known as the Unemployment Compensation Law (Ga. Laws 1937, pp. 806, et seq.), as amended, (now the Employment Security Law), be, and the same is hereby amended in the following respects, namely:
WEDNESDAY, FEBRUARY 1, 1956.
383
SECTION 2.
Section 3 (b) of said Act, as amended, (Section 54-604, Ga. Ann. Code) is amended by striking therefrom the Benefit Tables therein and the effective date thereof, immediately following the first para graph and inserting in lieu thereof the following:
Column A Wages Paid in Highest Quarter of Base Period
$150.00 to 174.99 175.00 to 199.99 200.00 to 224.99 225.00 to 249.99 250.00 to 274.99 275.00 to 299.99 300.00 to 324.99 325.00 to 349.99 350.00 to 374.99 375.00 to 399.99 400.00 to 424.99 425.00 to 449.99 450,00 to 474.99 475.00 to 499.99 500.00 to 524.99 525.00 to 549.99 550.00 to 574.99 575.00 to 599.99 600.00 to 624.99 625.00 to 649.99 650.00 to 674.99 675.00 to 699.99 700.00 to 724.99 725.00 and over
Column B Weekly Benefit Amount
Column C Column D
Standard Duration
Qualifying Maximum
Wages
Total
in Base
Benefit in
Period
Benefit
Year
$ 7 $ 280.00 $140.00
8
320.00 160.00
9
360.00 180.00
10
400.00 200.00
11
440.00 220.00
12
480.00 240.00
13
520.00 260.00
14
560.00 280.00
15
600.00 300.00
16
640.00 320.00
17
680.00 340.00
18
720.00 360.00
19
760.00 380.00
20
800.00 400.00
21
850.00 420.00
22
902.00 440.00
23
954.00 460.00
24 1,008.00 480.00
25 1,062.00 500.00
26 1,118.00 520.00
27 1,174.00 540.00
28 1,232.00 560.00
29 1,290.00 580.00
30 1,350.00 600.00
Column E Column F
Extended Duration
Qualifying Maximum
Wages
Total
in Base Benefit in
Period Benefit
Year
$ 600.00
700.00
800.00 900.00 1,000.00 1,100.00 1,200.00 1,300.00 1,400.00 1,500.00 1,600.00 1,700.00 1,800.00 1,900.00 2,000.00 2,100.00 2,200.00 2,300.00 2,400.00 2,500.00 2,600.00 2,700.00 2,800.00 2,900.00
$154.00 176.00 198.00 220.00 242.00 264.00 286.00 308.00 330.00 352.00 374.00 396.00 418.00 440.00 462.00 484.00 506.00 528.00 550.00 572.00 594.00 616.00 638.00 660.00
The foregoing Benefit Tables shall be effective with benefit years beginning April 1, 1956, and thereafter." so that said Section 3 (b) of said Act (Section 54-604, Ga. Ann. Code), when so amended, shall read as follows:
(b) Weekly Benefit Amount.--An individual's "weekly benefit amount" shall be computed by the table appearing in this subsection, as follows: If the total insured wages paid an individual during his base period equals or exceeds the amount shown in Column C of the table on the same line in which appears in Column A the total insured wages paid such individual in that quarter of his base period in which such total wages were highest, his "weekly benefit amount" shall be the amount shown in Column B on that same line; Provided, however, if his total "base period wages" are less than the amount appearing in Column C on the line on which the highest quarter wages appear in Column A but such "base period wages" equal or exceed the amount shown in Column C on the first or second line immediately above, the individual's "weekly benefit amount" shalll be the larger weekly bene-
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fit amount for which he has sufficient qualifying wages in the base period on such first or second line.
Column A Wages Paid in Highest Quarter of Base Period
$150.00 to 174.99 175.00 to 199.99 200.00 to 224.99 225.00 to 249.99 250.00 to 274.99 275.00 to 299.99 300.00 to 324.99 325.00 to 349.99 350.00 to 374.99 375.00 to 399.99 400.00 to 424.99 425.00 to 449.99 450.00 to 474.99 475.00 to 499.99 500.00 to 524.99 525.00 to 549.99 550.00 to 574.99 575.00 to 599.99 600.00 to 624.99 625.00 to 649.99 650.00 to 674.99 675.00 to 699.99 700.00 to 724.99 725.00 and over
Column B Weekly Benefit Amount
Column C Column D
Standard Duration
Qualifying Maximum
Wages
Total
in Base Benefit in
Period
Benefit
Year
Column E Column F
Extended Duration
Qualifying Maximum
Wages
Total
in Base Benefit in
Period
Benefit
Year
$ 7 $ 280.00 $140.00 $ 600.00 $154.00
8
320.00 160.00
700.00 176.00
9
360.00 180.00
800.00 198.00
10
400.00 200.00
900.00 220.00
11
440.00 220.00 1,000.00 242.00
12
480.00 240.00 1,100.00 264.00
13
520.00 260.00 1,200.00 286.00
14
560.00 280.00 1,300.00 308.00
15
600.00 300.00 1,400.00 330.00
16
640.00 320.00 1,500.00 352.00
17
680.00 340.00 1,600.00 374.00
18
720.00 360.00 1,700.00 396.00
19
760.00 380.00 1,800.00 418.00
20
800.00 400.00 1,900.00 440.00
21
850.00 420.00 2,000.00 462.00
22
902.00 440.00 2,100.00 484.00
23
954.00 460.00 2,200.00 506.00
24
1,008.00 480.00 2,300.00 528.00
25
1,062.00 500.00 2,400.00 550.00
26
1,118.00 520.00 2,500.00 572.00
27 1,174.00 540.00 2,600.00 594.00
28
1,232.00 560.00 2,700.00 616.00
29
1,290.00 580.00 2,800.00 638.00
30
1,350.00 600.00 2,900.00 660.00
The foregoing Benefit Tables shall be effective with benefit years beginning April 1, 1956, and thereafter.
SECTION 3.
By striking from said Act of 1937, as amended, subsection (d) of Section 3 (Section 54-606, Ga. Ann. Code), and inserting in lieu there of, the following:
(d) Duration of Benefits.--Any otherwise eligible individual shall be entitled during any benefit year to the amount appearing in Column D of the table in Section 3 (b) on the line on which, in Column B of that table, appears his weekly benefit amount; provided that if said individual has been paid during his base period insured wages which equal or exceed the amount shown in Column E of the table in Section 3 (b) on the line within which falls in Column A, his wages paid in the highest quarter of the base period, he shall then be entitled during the benefit year to the amount which appears in Column F of the table on said line in lieu of the amount which appears in Column D of said table.
WEDNESDAY, FEBRUARY 1, 1956.
385
SECTION 4.
Section 4 of said Act, as amended, (Section 54-609, Ga. Ann. Code), is amended by adding a new subsection immediately following subsec tion (e) of said section, to be known as subsection (f), to read as follows:
(f) He has, since the effective date of his last established previous benefit year, performed services in bona fide employment and earned insured wages for such services equal to at least eight (8) times the weekly benefit amount of the new benefit year claim.
SECTION 5.
By striking from said Act of 1937, as amended, paragraph num bered (2) of subsection (e) of Section 5, (Section 54-610 (e) (2), Ga. Ann. Code), and inserting in lieu thereof, the following:
"(2) Compensation for temporary partial or temporary total dis ability under the Workmen's Compensation Law of any State or under a similar law of the United States;" so that said subsection (e) when so amended, shall read as follows, namely:
(e) For any week with respect to which he is receiving or has received remuneration in the form of--
(1) Wages in lieu of notice;
(2) Compensation for temporary partial or temporary total dis ability, under the Workmen's Compensation Law of any State or under a similar law o fthe United States;
SECTION 6.
Section 7 (c) (2) of said Act, as amended, (Section 54-622 (2), Ga. Ann. Code) is amended by striking therefrom the first and second provisos of the paragraph numbered (2) thereof, beginning immedi ately after the colon following the words "against the accounts of his base-period employers" and extending through the colon immediately following the words "and notice of such separation was furnished pur suant to the regulations of the Commissioner of Labor", and by strik ing all of subparagraphs (A) and (B) thereof, and inserting in lieu of the stricken language the following:
"Provided, however, that when benefits are paid without disquali fication to an individual who has failed to accept, while unemployed, ah offer of reemployment with a base-period employer and notice of such offer was timely furnished pursuant to the regulations of the Commissioner of Labor, that employer's account shall not be charged with benefits paid for weeks subsequent to such failure, and which are based on wages earned prior to such failure, if the offered work was suitable in every respect save that of distance due to such individual's change of residence; and provided further than an employer's account shall not be charge,d with benefits paid an individual for weeks sub sequent to a period of disqualification and which are based on wages earned prior to his separation from or failure to accept an offer of work with such employer under any of the following conditions, and notice of such separation or failure to accept an offer of work was
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JOURNAL OF THE SENATE,
timely furnished pursuant to the regulations of the Commissioner of Labor:
(A) Leaving work voluntarily without good cause connected with the work, whether or not the postponement or charging of benefits has been waived; or for
(B) Discharge or suspension from his work for failure to obey orders, rules or instructions or the wilful or negligent failure to dis charge the duties for which he was employed; or for" so that said Section 7 (c) (2) of said Act (Section 54-622 (2), Ga. Ann. Code), when so amended, shall read as follows, namely:
(2) Benefits paid to art 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 disqualifica tion 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 timely furnished pursuant to the regulations of the Com missioner of Labor, that employer's account shall not be charged with benefits paid for weeks subsequent to such failure, and which are based on wages earned prior to such failure, 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 subsequent to a period of disqualification and which are based on wages earned prior to his separation from or failure to accept an offer of work with such employer under any of the following conditions, and notice of such separation or failure to accept an offer of work was timely fur nished pursuant to the regulations of the Commissioner of Labor:
(A) Leaving work voluntarily without good cause connected with the work, whether or not the postponement or charging of benefits has been waived; or for
(B) Discharge or suspension from his work for failure to obey orders, rules or instructions or the wilful or negligent failure to dis charge 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.
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 7.
By striking from Section 7 (c) (6) (i) of said Act, as amended, (Section 54-622 (6) (i), Ga. Ann. Code), the lettered subparagraphs (A) through (J), inclusive, of paragraph (i) of subsection (c) (6), and inserting in lieu thereof the following table of rate variations, effective July 1, 1956, namely:
"(A) 2.50 per centum of such excess equals or exceeds 2 but is less than 3 per centum of his average annual pay roll;
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387
(B) 2.25 per centum if such excess equals or exceeds 3 but is less than 3.5 per centum of his average annual pay roll;
(C) 2.00 per centum if such excess equals or exceeds 3.5 but is less than 4.5 per centum of his average annual pay roll;
(D) 1.75 per centum if such excess equals or exceeds 4.5 but is less than 5.5 per centum of his average annual pay roll;
(E) 1.50 per centum if such excess equals or exceeds 5.5 but is less than 6.5 per centum of his average annual pay roll;
(F) 1.25 per centum if such excess equals or exceeds 6.5 but is less than 7.5 per centum of his average annual pay roll;
(G) 1.00 per centum if such excess equals or exceeds 7.5 but is less than 8.5 per centum of his average annual pay roll;
(H) 0.75 per centum if such excess equals or exceeds 8.5 but is less than 9.5 per centum of his average annual pay roll;
(I) 0.50 per centum if such excess equals or exceeds 9.5 but is less than 10:5 per centum of his average annual pay roll;
(J) 0.25 per centum if such excess equals or exceeds 10.5 per centum of his average annual pay roll; Provided, however, that the above table of rate variations shall be made applicable by the Com missioner for the last two calendar quarters of 1956 by applying said rate variations to the computations used by the Commissioner in deter mining rates for each employer for the calendar year. 1956."
so that said Section 7 (c) (6) (i) of said Act, as amended, (Section 54-622 (6) (i), when so amended, shall read as follows:
(i) If the total of all an employer's contributions paid on or bebefore the last day of the month immediately following the computa tion date with respect to wages paid by him on or before such compu tation 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 or 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 3.5 per centum of his average annual pay roll;
(C) 2.00 per centum if such excess equals or exceeds 3.5 but is less than 4.5 per centum of his average annual pay roll;
(D) 1.75 per centum if such excess equals or exceeds 4.5 but is less than 5.5 per centum of his average annual pay roll;
(E) 1.50 per centum if such excess equals or exceeds 5.5 but is less than 6.5 per centum of his average annual pay roll;
(F) 1.25 per centum, if such excess equals or exceeds 6.5 but is less than 7.5 per centum of his average annual pay roll;
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(G) 1.00 per centum if such excess equals or exceeds 7.5 but is less than 8.5 per centum of his average annual pay roll;
(H) 0.75 per centum if such excess equals or exceeds 8:5 but is less than 9.5 per centum of his average pay roll;
(I) 0.50 per centum if such excess equals or exceeds 9.5 but is less than 10.5 per centum of his average annual pay roll;
(J) 0..25 per centum if such excess equals or exceeds 10.5 per centum of his average annual pay roll; Provided, however, that the above table of rate variations shall be made applicable by the Com missioner of the last two calendar quarters of 1956 by applying said rate variations to the computations used by the Commissioner in deter mining rates for each employer for the calendar year 1956.
,, (K) Provided, however, that for the calendar years 1953 and 1954, an employer's contribution rate shall be 2.7 per centum of that part of the taxable wages paid by him during each such calendar year which is in excess of 300 per centum of his total taxable pay roll for the calendar year 1950 plus that of his predecessor, if any, or in excess of $300,000, whichever is greater. Provided further that an employer who did not have a taxable pay roll during the calendar year ending December 31, 1950, and is'not a successor to one who had such pay roll, but who shall be other wise entitled to a reduced contribution rate under the terms of Section 7 (c) of this Act shall have a contribu tion rate of 2.7 per centum on that portion of the taxable wages paid by him which exceeds a total of $300,000 during each of the calendar years 1953 and 1954.
SECTION 8.
By striking from said Act of 1937, as amended, from subparagraph (i) of paragraph (7) of subsection (c) of Section 7, (Section 54-622 (7) (i), Ga. Ann. Code), immediately following the comma following the words "but less than thirty-six-consecutive-calendar months ending on the computation date" the remainder of that subparagraph and inserting in lieu thereof, the following:
"the term 'average annual pay roll' means the total amount of wages for employment paid by him during the twelve-month period ending on the computation date;" so that said subparagraph (i) of paragraph (7) of subsection (c) of Section 7, (Section 54-622 (7) (i), Ga. Ann. Code), when so amended, shall read as follows, namely:
(i) The term "annual pay roll" means the total amount of wages for employment paid by an employer during a 12-months' period end ing on the computation date and the term "average annual pay roll" means the average of the annual pay rolls of an employer for the last three twejvermonth periods immediately preceding the computation date, except that for an employer whose account could have been charged with benefit payments throughout at least twelve but less than thirty-six-consecutive-calendar months ending on the computation date, the term "average annual pay roll" means the total amount of wages for employment paid by him during the twelve-month period ending on the computation date;
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389
SECTION 9.
By striking from said Act of 1937, as amended, from Section 7 (c) (8), (Section 54-622 (8), Ga. Ann. Code), the words and the figures in parentheses "two and one-half (2%)" and the words and the figures in parentheses "twelve and a half million dollars ($12,500,000)" in the first sentence thereof, and inserting, in lieu thereof, respectively, the words and figures in parentheses "three (3)" and "seventy-five million dollars ($75,000,000)", so that said Section 7 (c) (8), when so amended, shall read as follows, namely:
(8) If on the last day of any calendar quarter, the balance in the Unemployment Compensation Trust Fund is less than three (3) times the highest amount paid out in benefits in any one of the five pre ceding twelve-consecutive-calendar-month periods ending on said last day of such calendar quarter, or seventy-five million dollars ($75,000,000), whichever is the greater, the rate of contribution shall be 2.7 per centum for a twelve-month period effective on the first day of the second succeeding calendar quarter. Such twelve-month-period in crease shall operate prospectively as and when in the future said con dition shall be found to exist.
SECTION 10.
Subsection 19 (n) of said Act (subsection 54-657 (n), Ga. Ann. Code) is amended by inserting in paragraph numbered (2) thereof, immediately following the language "(A) retirement, or" and imme diately preceding the language "(B) sickness" the following:
"(B) the supplementation after December 31, 1955, of unemploy ment benefits to an individual under the terms of a written agreement, contract, trust arrangement, or other instrument, provided such indi vidual (i) having rights under this Act, meets all conditions of eligi bility under this law and the regulations issued pursuant thereto, and (ii) has not the option to receive, in lieu of payment of supplemental unemployment benefits under such plan or system established by an employer, any payment from a fund established pursuant to such plan or system, or any part of such payment, or other consideration, and (iii) has not the right, under the provisions of the plan or system providing such supplemental unemployment benefits, to assign any such supplemental benefit or to receive a consideration in lieu of any such benefit upon his withdrawal from such plan or system or upon termination of such plan or system or upon termination of his em ployment with such emplower, and provided further that such plan or system provides benefits which are only supplemental to benefits pro vided under a State Unemployment Compensation Law and that such plan or system does not replace or duplicate any State or Federal Unemployment Compensation Law but is only supplemental to such a law, and that under such plan or system the employer has not the right to recover any portion of funds creditable to the fund or to an individual for supplementation of unemployment benefits, or"
and by relettering the capital letters "(B)", "(C)", and "(D)" in said paragraph to read "(C)", "(D)", and "(E)", respectively, so that said paragraph numbered (2) of subsection 19 (n), when so amended, shall read as follows, namely:
(2) The amount of any payment to, or on behalf of, an employee
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under a plan or system established by an employer which makes pro vision for his employees generally or for a class or classes of his em ployees (including any amount paid by an employer for insurance or annuities, or into a fund, to provide for any such payment), on account of (A) retirement, or (B) the supplementation after December 31, 1955, of unemployment benefits to an individual unler the terms of a written agreement, contract, trust arrangement, or other instrument, provided such individual (i) having rights under this Act, meets all conditions of eligibility under this law and the regulations issued pursuant thereto, and (ii) has not the option to receive, in lieu of payment of supple mental unemployment benefits under such plan or system established
by an employer, any payment from a fund established pursuant to such plan or system, or any part of such payment, or other consideration, and (iii) has not the right, under the provisions of the plan or system providing such supplemental unemployment benefits, to assign any such supplemental benefit or to receive a consideration in lieu of any such benefit upon his withdrawal from such plan or system or upon termi nation of such plan or system or upon termination of his employment with such employer, and provided further that such plan or system provides benefits which are only supplemental to benefits provided under a State Unemployment Compensation Law and that such plan or sys tem does not replace or duplicate any State or Federal Unemployment Compensation Law but is only supplemental to such a law, and that under such plan or system the employer has not the right to recover any portion of funds creditable to the fund or to an individual for supplementation of unemployment benefits, or (C) sickness or accident disability, or (D) medical and hospitalization expenses in connection with sickness or accident disability, or (E) death, provided the em ployee (i) has not the option to receive, instead of provision for such death benefit, any part of such payment or, if such death benefit is insured, any part of the premiums (or contributions to premiums) paid by his employer, and (ii) has not the right, under the provisions of the plan or system or policy of insurance providing for such death benefit, to assign such benefit or to receive a cash consideration in lieu of such benefit either upon his withdrawal from the plan or system providing for such benefit or upon termination of such plan or system or policy of insurance or of his employment with such employer; and
SECTION 11.
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 12.
All laws or parts of laws in conflict with this Act be and the same are hereby repealed.
On the adoption of the substitute, the ayes were 36, nays 0, and the sub stitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
WEDNESDAY, FEBRUARY 1, 1956.
391
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 53. By Mr. Bentley of Cobb:
A bill to provide that in all civil cases where the life expectancy of a person shall be an issue, the American Experience Mortality Tables shall be admissible as evidence of the life expectancy of such table; and for other purposes.
The report 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 111. By Messrs. Moate of Hancock and Groover of Bibb:
A bill to prohibit members of boards, bureaus, commissions, committees and other state agencies and authorities, under certain conditions, from selling goods or services to the state and such agencies and authorities on which they serve; and for other purposes.
Senator Overby of the 33rd offered the following substitute:
A BILL
To be entitled an Act to prohibit full-time appointive officials and employees of the State from engaging in certain transactions affect ing the State; to prohibit members of boards, bureaus, commissions and other State agencies and authorities from selling or furnishing any goods or services to the State except upon competitive bid; to prohibit members of boards, bureaus, commissions and other State agencies and authorities from engaging in certain transactions affect ing the State anil such agencies and authorities on which they serve; to provide for statements to be included in bids, agreements, contracts and other instruments certifying that this Act has not been and will not be violated; to provide for penalties; to provide for exceptions; to provide the procedure connected with the foregoing; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
'
Section 1. It shall be unlawful for any full-time appointive State official or employee to contract to buy from' or sell to the State of Georgia any real or personal property, goods or services, or a combina tion thereof, when such purchase or sale would benefit or be likely to benefit, such official or employee. Nor shall any full-time appointive State official or employee influence, or attempt to influence, the execu tion of any contract, agreement or transaction entered into by the State of Georgia, or any department, agency, commission or authority
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thereof, for the purchase or sale of any real or personal property, goods or services, or a combination thereof, where such action would result in actual ascertainable pecuniary or other gain to such official or employee.
Section 2. No member of any State board, bureau, commission or other State agency by whatever name called, or of any authority created by law, shall make any contract in any capacity whatsoever to furnish any goods or supplies, or both, to the State, except after competitive bid thereon. No such person shall act as dealer, agent or broker, or in any other manner, in connection wit hthe sale of goods or services, or both, to the State, except after competitive bid thereon.
Section 3. No member of any State board, bureau, commission or other State agency by whatever name called, or of ,any authority created by law, shall act as dealer, agent or broker, or in any other manner, in connection .with the sale of goods or services, or both, to the State, unless such person operates a regularly-established business enterprise which, when selling such goods or services, or both, to the State, meets all the legal requirements connected therewith rela tive to submission of bids, posting of bonds, quality of goods or services, or both, and all other requirements in connection with such transactions.
Section 4, No person who is a member of any State board, bureau, commission or other State agency by whatever name called, or of any authority created by law,, shall engage in any transaction with any such board, bureau, commission, committee or other State agency, or any such authority, on which such person is a member.
Section 5. All bids, agreements, contracts or other instruments in connection with the furnishing of goods or services, or both, to the State, shall have included therein a statement to the effect that the ; signers of such instrument certify that the provisions of this Act have not been violated and will not be violated in any respect.
Section 6. Any full-time appointive official or employee of the State Government who violates any provision of this Act shall be dis charged immediately from the service of the State. The membership of any member of any board, bureau, commission or other State agency by whatever name called, or any authority created by law, who violates any of the provisions of this Act, shall be immediately vacated, and such vacancy shall be filled by appointment of the Governor. Any person, firm or corporation violating any of the provisions of this Act shall be barred from further business dealings with the State of Georgia until the violation complained of shall be corrected.
Section 7. Any person violating any provision of this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished as for a misdemeanor.
Section 8., All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the substitute, the ayes were 40, nays 0, and the sub stitute was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.
WEDNESDAY, FEBRUARY 1, 1956.
393
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following resolutions of the Senate were read and adopted:
SR 39. By Senators Ursrey of the 54th and Harrison of the 17th:
A resolution expressing the sincerest thanks of the Senate to Senator James M. Dykes of the 14th District and his charming wife for a most enjoyable evening of entertainment; and for other purposes.
SR 40. By Senators Ursrey of the 54th and Matthews of the 47th:
A resolution to request that tobacco farmers be permitted to continue leasing tobacco allotments; and for other purposes.
Senator Overby of the 33rd moved that the Senate do now adjourn until 10:00 o'clock tomorrow morning and the motion prevailed.
The president announced the Senate adjourned until 10:00 o'clock tomorrow morning.
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Senate Chamber, Atlanta, Georgia, Thursday, February 2, 1956.
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 Rev. J. Harold Beatty, pastor Methodist Church, Talbotton, Georgia.
By unanimous consent the call of the roll was dispensed with.
Senator Steis of the 25th reported that the journal of yesterday's proceed ings had been examined and found correct.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
Senator Overby of the 33rd 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. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and consideration of general 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 of the House to wit:
HB 278. By Mr. Freeman of Monroe: A bill to amend an act providing pensions to the firemen of the State of Georgia; and for other purposes.
HB 321. By Mr. Tarpley of Union: A bill to amend an act creating the office of Tax Commissioner of Union County; and for other purposes.
HB 325. By Messrs. Killian and Nightingale of Glynn: A bill to amend an act creating a Board of Commissioners of Roads and Revenue of Glynn County; and for other purposes.
THURSDAY, FEBRUARY 2, 1956
395
HB 334. By Messrs. Lokey, M. Smith and H. Smith of Fulton:
A bill to amend an act entitled an act to provide that in Fulton County certain officers may appoint a Chief Deputy; and for other purposes.
HB 339. By Messrs. Young, Nilan and Pickard of Muscogee:
A bill to amend the law authorizing a fire protection system in Mus cogee County; and for other purposes.
HB 356. By Mr. Odom of Camden:
A bill to create the office of Assistant Solicitor for Camden County; and for other purposes.
The House has agreed to the Senate Amendments to the following bills .of the House, to-wit:
HB 114. By Messrs. Blalock of Clayton and Rutland of DeKalb:
A bill to establish a tolerance or increase of 13% on certain sizes, weights, and loads of motor vehicles; and for other purposes.
HB 200. By Messrs. Nightingale and Killian of Glynn:
A bill to amend the charter of the city of Brunswick; and for other purposes.
The following bills were introduced, read the first time and referred to committees:
SB 123. By Senator Millican of the 52nd:
A bill to amend the act establishing the Criminal Court of Atlanta so as to require the Solicitor General of said Court to maintain a docket on which he shall enter all commitments made to said court from any magistrate, justice, recorder's, municipal or civil court, or any other inferior, court of said county, having committing powers; and for other purposes.
Referred, to the Committee on Judiciary.
SB 124. By Senator Millican of the 52nd:
A bill to amend the act establishing a new charter for the City of Atlanta so as to increase the salary of the Mayor to $20,000.00 per annum; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 125. By Senator McBride of the 10th:
A bill to provide for the regulation of the sale of livestock at auction; and for other purposes.
Referred to the Committee on Agriculture and Natural Resources.
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SB 126. By Senators Strickland of the 3rd and Matthews of the 47th:
A bill to amend Code Section 92-1403 of the 1933 Code of Georgia so as to exempt kerosene or fuel oil used in curing leaf tobacco by pro ducers within this State; and for other purposes.
Referred to the Committee on Finance.
SB 127. By Senator Millican of the 52nd:
A bill to apply only to counties having a population of not less than 300,000 by the last or any future decennial census of the United States; to direct the Commissioners of Roads and Revenues thereof to pay certain sums in addition to all other payments directed to be made by the Constitution and laws of this State, from any funds held by or available to the Commissioners of Roads and Revenues thereof and derived from sources other than taxation; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 128. By Senators Shurling of the 21st and Lovett of the 16th:
A bill to amend the Minimum Foundation Program of Education in Georgia so as to provide for an election of teachers, principals and other school employees upon the vote of a majority of the entire membership of the board of education without the recommendation of the county superintendent; and for other purposes.
Referred to the Committee on Educational Matters.
HB 278. By Mr. Freeman of Monroe:
A bill to amend an act providing pensions to the firemen of the state of Georgia; and for other purposes.
Referred to Committee on Finance.
HB 321. By Mr. Tarpley of Union:
A bill to amend an act creating the office of tax commissioner of Union County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 325. By Messrs. Killian and Nightingale of Glynn: A bill creating a Board of Commissioners of Roads and Revenues of Glynn County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 334. By Messrs. Lokey, M. Smith and H. Smith of Fulton:
A bill to amend an act entitled an act to provide that in Fulton
County certain officers may appoint a chief deputy; and for other
purposes.
L
Referred to Committee on County and Municipal Governments.
THURSDAY, FEBRUARY 2, 1956
397
HB 339. By Messrs. Young, Milan and Pickard of Muscogee:
A bill to amend the law authorizing a fire protection system in Mus cogee County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 356. By Mr. Odom of Camden:
A bill to create the office of assistant solicitor for Camden County; and for other purposes.
Referred to Committee on County and Municipal Governments.
Senator Dean o'f the 40th asked unanimous consent that the following bill of the House be withdrawn from the Committee on County and Municipal Gov ernments and committed to the Committee on Agriculture and Natural Resources:
HB 259. By Mr. Lokey of Fulton:
A bill to amend an act relating to the filing of a written demand as a prerequisite to the bringing of any suit at law or equity against any municipal corporation for injuries to person or property and the suspension of the running of the statute of limitations during the time that the demand for payment is pending; and for other purposes.
The consent was granted.
Mr. Turner of the 34th District, Chairman of the Committee on County and Municipal Governments, submitted the following report:
Mr. President:
Your Committee on County and Municipal Governments has had under con sideration 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 recom mendations :
SB 121. Do Pass.
HB 199. Do Pass, as amended.
Respectfully submitted,
Turner of 34th District,
Chairman.
Mr. Lovett of the 16th District, Chairman of the Committee on Appropria tions, submitted the following report:
Mr. President:
;
Your Committee on Appropriations has had under consideration the fol-
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JOURNAL OF THE SENATE,
lowing resolution of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HR 54. Do Pass. Respectfully submitted, Lovett of 16th District, Chairman.
Mr. Clary of the 29th District, Chairman of the Committee on Industry and Labor, submitted the following report:
Mr. President:
Your Committee on Industry and Labor 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 96. Do Pass, as amended.
SB 97. Do Pass.
Respectfully submitted,
Clary of 29th District,
Chairman.
Mr. Dean of the 40th 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 resolutions of the Senate and House and has instructed me as Chair man, to report the same back to the Senate with the following recommendations:
SB 109. Do Pass. SR 19. Do Pass. HB 100. Do Pass. HB 103. Do Pass. HB 106. Do Pass. HB 112. Do Pass. HB 119. Do Pass. HB 122. Do Pass. HB 146. Do Pass. HB 147. Do Pass. HB 148. Do Pass, as amended. HB 149. Do Pass. HB 195. Do Pass.
THURSDAY, FEBRUARY 2, 1956
399
HB 286. Do Pass.
Respectfully submitted, Dean of 40th District, Chairman.
Mr. Turner of the 34th District, Chairman of the Committee on County and Municipal Government, submitted the following report:
Mr. President: Your Committee on County and Municipal Government has had under con
sideration 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 14. Do Pass. SR 15. Do Pass. SR 36. Do Pass. SB 118. Do Pass. HB 110. Do Pass.
HB 252. Do Pass. HB 250. Do Pass. HB 287. Do Pass.
HB 251. Do Pass.
Respectfully submitted,
Turner of 34th District,
Chairman.
Mr. Hollis of the 24th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. President:
Your Committee on Judiciary 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 137. Do Pass.
HR 59 Do Pass.
Respectfully submitted,
Hollis of 24th District,
Chairman.
Mr. Brooks of the 50th District, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
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JOURNAL OF THE SENATE,
Mr. President: Your Committee on Senate Administrative Affairs 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:
SR 40. SB 32. SB 53. SB 78. SB 57. SB 40. SB 45. SB 49. SB 60. SB 98.
Respectfully submitted, Brooks of the 50th District, Chairman.
The following bills and resolutions, favorably reported by the committees, were read the second time:
SB 97. By Senator Hollis of the 24th:
A bill to provide for the registration of securities held by a corporate fiduciary in the name of the nominee of such fiduciary; and for other purposes.
SB 109. By Senators Hollis of the 24th, Millican of the 52nd and Lovett of the 16th:
A bill to direct the Commissioner of Agriculture to evaluate each of the present farmers' markets that are being operated by the state and to determine whether any one or more of them should be closed; to authorize the closing of markets and the sale or leasing of the closed markets as industrial sites for the purpose of attracting new indus tries to the communities; and for other purposes.
SB 118. By Senator Harper of the 26th:
A bill to abolish city courts in all counties of this state having a popu lation of not more than 23,400 and not less than 22,700, according to the Federal Census, or any future such census having civil and criminal jurisdiction in such counties concurrent with the superior courts there in; and for other purposes.
THURSDAY, FEBRUARY 2, 1956
401
SB 121. By Senator Matthews of the 47th:
A bill to amend the act creating a Board of Commissioners of Colquitt ,, ,,.. County so as to authorize and empower Colquitt County by and through
its Board of Commissioners to provide, construct and maintain in said county, a system or systems of waterworks, sewerage, sanitation and fire protection; to provide for the issuance of revenue producing cer tificates for the financing thereof; and for other purposes.
SR 15. By Senators Wilkins of the 44th and McDonald of the 43rd:
A resolution to authorize the exchange of properties or interest therein in connection with the clearing of title property comprising Cloudland Canyon State Park, located in Dade and Walker Counties, Georgia; and for other purposes.
SR 19. By Senators Clary of the 29th, Jones of the 18th, Ursrey of the 54th, and others:
A resolution requesting Congress to return agricultural technicians provided under the "Point Four" program; and for other purposes.
HB 100. By Mr. Underwood of Montgomery:
A bill to amend an act relating to the sale, purchase and use of drugs of the sulfanilamide and sulfonamide group manufactured for use in the control of livestock and poultry diseases; and for other purposes.
HB 103. By Mr. Groover of Bibb and others:
A bill to amend an act relating to concentrated commercial feeding stuffs, so as to redefine concentrated commercial feeding stuff; and for other purposes.
HB 106. By Mr. Groover of Bibb:
A bill to amend an act relating to the sale of commercial feed and feed ing stuffs sold in this state; and for other purposes.
HB 110. By Mr. Cheatham of Chatham and others:
A bill to amend an act entitled "an act to authorize and empower county boards of education to condemn private property for public school pur poses or to be used in connection with the public educational program of the county"; and for other purposes.
HB 112. By Mr. Groover of Bibb:
A bill to amend an act relating to the Game and Fish Commission and to game and fish; relating to salaries of commission employees and wild life rangers; and for other purposes.
HB 119. By Mr. Murphy of Haralson:
A bill ta be known as the "Georgia Food Act", relating to foods and drugs; and for other purposes.
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JOURNAL OP THE SENATE,
HB 122. By Mr. Lanier of Candler and others:
A bill to amend an act relating to the employment and compensation of a veterinary surgeon or expert, so as to provide that the Commissioner of Agriculture shall determine the compensation of such veterinary surgeon or expert; and for other purposes.
HB 137. By Mr. Potts of Coweta and others:
A bill to prohibit the solicitation of votes by any means or methods for any person or proposition or any election day within a specified distance of any voting place; and for other purposes.
HB 146. By Mr. Moate of Hancock and others:
A bill to provide that before any person, firm, corporation or associ ation shall burn any woods, lands, marshes or other inflammable or com bustible materials, notice of the times and place must first be given to the County Forest Ranger; and for other purposes.
HB 147. By Mr. Moate of Hancock and others:
A bill to amend an act comprehensively revising and superseding the laws relating to the Georgia Forestry Commission; and for other pur poses.
HB 148. By Mr. Moate of Hancock and others:
A bill to define the various penal offenses relating to the firing of woods, lands, marshes, grass timber and other lands in this state; to prohibit the setting of fires on lands of others; and for other purposes.
HB 149. By Mr. Mobley of Burke and others:
A bill to amend an act entitled "an act to provide for certified public weighers"; and for other purposes.
HB 195. By Mr. Twitty of Mitchell and others:
A bill to regulate the labeling, sale, offering, exposing or transporting for sale of agricultural, vegetable, flower, tree and shrub seeds; and for other purposes.
HB 199. By Mr. Barber of Colquitt and others:
A bill to create water districts in Colquitt County, each separate and distinct from the other, known respectively as the Sylvester Drive Water District, the East Moultrie Water District and South Moultrie Water District; and for other purposes.
HB 250. By Mr. Bolton of Spalding and others:
A bill to repeal an act authorizing the Commissioners of the City of Griffin to close and vacate a portion of a certain street in the City of Griffin; and for other purposes.
THURSDAY, FEBRUARY 2, 1956
403
HB 251. By Mr. Bolton of Spalding and others:
A bill to provide for an expense allowance for the members of the Board of Commissioners of Roads and Revenues of Spalding County; and for other purposes.
HB 252. By Mr. Bolton of Spalding and others:
A bill to amend an act creating the charter of the City of Griffin, to extend the city and corporate limits and boundaries certain areas ad jacent to the present corporate limits; and for other purposes.
HB 286.. By Mr. Greene of Crisp:
A bill to amend an act comprehensively and exhaustively superseding and revising the laws relating to the Game and Fish Commission and to game and fish; and for other purposes.
HB 287. By Mr. Foster of Clayton and others:
A bill to create and incorporate the City of Mountain View; and for other purposes.
HR 54. By Mr. Bolton of Spalding and others:
A resolution compensating A. C. Bennett and Mamie Bennett; and for other purposes.
HR 59. By Mr. Nightingale of Glynn and others:
A resolution proposing an amendment to the constitution to provide that the "Homestead Exemption" shall not apply to taxes which are assessed and collected by the taxing authorities of Glynn County for the support and maintenance of education as recommended by the Glynn County Board of Education; and for other purposes.
The following local uncontested bills and resolutions were re'ad the third time and put upon their passage:
SR 37. By Senator Steis of the 25th:
A resolution to provide the ordinary of Harris County, Georgia, certain enumerated volumes of the Georgia Supreme Court Reports; and for other purposes.
The report of the committee, which was favorable to the adoption of the
resolution, was agreed to.
:
On the adoption of the resolution, the ayes were 31, nays 0.
The resolution, having received the requisite constitutional, majority, was adopted.
404
JOURNAL OF THE SENATE,
HB 209. By Mr. Odom of Camden:
A bill to authorize, empower and direct the City of Kingsland to close permanently certain alleys; and for other purposes.
The Committee on County and Municipal Governments offered the following amendment:
Amend HB 209 by striking the following words wherever they ap pear in the bill:
''Block 16 and the Railroad".
On the adoption of the amendment, the ayes were 38, 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.
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 211. By Messrs. Kelley and Kilgore of Gwinnett:
A bill to amend an act to create a board of county commissioners for 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 212. By Messrs. Kelley and Kilgore of Gwinnett:
A bill to provide for the compensation of the sheriff, the clerk of the superior court, the clerk of the city court and the ordinary 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 213. By Messrs. Kilgore and Kelley of Gwinnett:
A bill to consolidate the offices of tax receiver and tax collector of Gwin nett County into the office of tax commissioner of Gwinnett County; and for other purposes.
THURSDAY, FEBRUARY 2, 1956
405
: The report 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.
H'B 214. By Mr. Turk of Wilcox:
A bill to amend an act entitled "an act to incorporate the Town of Pineview;" and for other purposes.
The report 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 222. By Mr. Ivey of Newton:
A bill to amend an act providing a new charter for the city of Covington; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 223. By Mr. Ivey of Newton:
A bill to repeal an act entitled "an act to incorporate the Town of Covington 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 224. By Mr. Henderson of Atkinson:
A bill to amend an act creating the office of commissioner of roads and revenues in the county of Atkinson; and for other purposes.
The report 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.
406
JOURNAL OF THE SENATE,
The bill, having received the requisite constitutional majority, was passed.
HB 226. By Messrs. Cheatham, Sognier and Eyler of Chatham:
A bill to amend the charter of the Town of Pooler; and for other purposes.
The report 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 229. By Messrs. Cheatham, Sognier and Eyler of Chatham:
A bill to amend the charter of the Town of Pooler; and for other purposes.
The report 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 230. By Mr. Underwood of Montgomery:
A bill to amend an act creating the office of tax commissioner of Mont gomery 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 233. By Messrs. Williams and Gunter of Hall:
A bill to amend the charter of the City of Gainesville; to abolish the office of mayor and councilmen and certain other offices of said city; to provide for a commission 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 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 2, 1956
407
HB 238. By Messrs. Young, Nilan and Pickard of Muscogee:
A bill to amend an act amending the charter of the City of Columbus, providing for the supervision, control and management of all of the facilities of said city for the collection, treatment and disposal of sani tary sewerage by the board of water commissioners 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 240. By Messrs. Gunter and Williams of Hall:
A bill to provide that the commissioners of roads and revenues of Hall County, shall, in their discretion, have power and authority to call and provide for the holding not more than once in each calendar year of an advisory referendum in which the qualified voters of Hall County can express their opinion; and for other purposes.
The report 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 242. By Messrs. Twitty and Palmer of Mitchell:
A bill to provide that the mayor and council of the City of Camilla shall have the power to designate by appointment the person, firm or corpora tion to be city treasurer 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 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.'
HB 248. By Messrs. Mackay, McWhorter and Rutland of DeKalb: A bill to authorize the establishment of more than one election precinct in a Militia District to certain counties; and for other purposes..
The report of the committee, which was favorable to the passage of the bill,
was agreed to.
> . .
,
On the passage of the bill, the ayes were 32, nays 0.
408
JOURNAL OF THE SENATE,
The bill, having received the requisite constitutional majority, was passed.
HB 254. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A bill to amend an act known as the Voters Registration Act, in certain counties; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 260. By Messrs. Lokey and H. Smith of Fulton:
A bill to amend an act entitled "An act to authorize the governing au thority of the several municipalities of this state to enact zoning and planning ordinances and regulations in certain counties; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having1 received the requisite constitutional majority, was passed.
HB 264. By Messrs. Birdsong and Lam of Troup:
A bill to amend an act establishing a pension and retirement system for the employees of Troup County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 273. By Mr. Gocke 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 2, 1956
409
HB 288. By Mr. Odom of Camden:
A bill to amend the charter of the City of St. Marys; and for other purposes.
The report 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 289. By Messrs. Hayes and Tanner of Coffee:
A bill to amend an act creating a new charter and municipal govern ment for the City of Douglas; and for other purposes.
The report of the committee, which was favorable to the, passage of the bill,
was agreed to.
On the passage of the bill, the ayes were 35, nays1 0.
The bill, having received the requisite constitutional majority, was passed.
'HB 290; By Messrs. Hayes and Tanner of Coffee:
A bill to amend >an act creating a new charter and municipal govern ment for the City of Douglas; and for other purposes.
The report of the committee, which was favorable to ; the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0. !
The bill, having received the requisite constitutional majority, was passed.
HB 291. By Mr. Odom of Camden:
A bill to authorize, empower and direct the City of St. Mary's to abandon and close portions of city streets; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 293. By Messrs. Hayes and Tanner of Coffee: A bill to amend an act creating a new charter and municipal government
410
JOURNAL OF THE SENATE,
for the City of Douglas, so as to change the method and procedure of passing and enacting ordinances; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, 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 18. By Senators Dews of the 9th, Dean of the 40th, Chance of the 51st and others:
A bill to amend an act making it a crime to take or attempt to take
' immoral,' improper or indecent liberties with a child of either sex, ap
proved February 17, 1950 (Ga. Laws 1950, p. 387), as amended'by an
act approved December 22, 1953 (Ga. Laws 1953, Nov.-Dec. session, p.
408), so as to change the penalty for such offense; and for other pur
poses.
x
The Committee on Judiciary offered the following amendment:
Amend SB 18 by adding in the title, of said bill,, before the woro^s
"to repeal conflicting laws;", the words '"to provide for certain allega
tions, in the indictment for second or subsequent offenses and proof
thereof;", and
.
By adding a new sentence at, the end of the matter quoted as Section ' : 3 in Section 3 Of said billj as follows:
"Before such person shall receive the punishment provided in this section, a prior conviction must be alleged in the .indictment and proved."
On' the adoption of the amendment, the ayes were 31, 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.
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 298. By Messrs. Fowler of Douglas and Groover of Bibb:
A bill to'amend code section 84-702, relating to tne Boar'd of Dental Examiners of Georgia; and for other purposes.
The report of the committee, which was favorable to the passage of the bill,
was. agreed to.;
:
THURSDAY, FEBRUARY 2, 1956
411
On the passage of the bill; the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 54. By Senators Lambert of the 28th and Turner of the 34th:
A bill to amend an act creating the office of judge of the superior court emeritus, approved March 9, 1945 (Ga. Laws 1945, p. 362), and all acts amendatory thereof, so as to change the age and service qualifications; and for other purposes.
The Committee on Judiciary offered the following substitute:
An Act to amend an Act creating the office of Judge of the Superior Court Emeritus, approved March 9, 1945 (Ga. Laws 1945, p. 362), as amended, particularly by an Act approved February 1, 1946, (Ga. Laws 1946, p. 228), an Act approved February 16, 1950, (Ga. Laws 1950, p. 283), an Act approved February 17, 1950, Ga. Laws 1950, p. 341), an Act approved February 15,1952 (Ga. Laws 1952, p. 293), so as to change the age and service qualifications; to define eligibility of superior court judges for appointment to the office of Judge of Superior Court Emeritus, and retirement benefits to be received thereunder; to repeal conflicting laws; and for other purposes. As amended by an Act ap proved December 11, 1953 (Ga. Laws, 1953, p. 108-114) November De cember session, and as amended by an act approved February 8, 1955, (Ga.'. Laws 1955, p. 152^155), to add "or Membership in the General Assembly of Georgia" to the service qualifications; and for other ' purposes. '
, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA, AND fT IS HEREBY ENACTED BY THE AUTHORITY OF THE SAME:
Section 1. That Section 2 of said Act, as amended, approved Febru ary 8, 1955, is herewith amended by adding the following words, 1 towit: "Or membership in the General Assembly of Georgia" after the word Georgia in Ijne six of said section, so that when said section is amended, it shall read as follows:
"Section 2. Any judge of the superior court of the State of Georgia who shall be in at least his nineteenth year of service as a judge of the superior court of the State, any service, as solicitorgeneral of a judicial circuit, as judge of, or solicitor of, a city or county court of the State of Georgia, or membership in the General Assembly of Georgia, being allowable in computing such nineteen years of service, provided at least five years have been served as judge of the superior court of this State, or who has already been in service for nineteen years as a judge of the superior court of this State on March 9, 1945, and who is still in service as such officer, shall be eligible for appointment to Judge of the Superior Courts Emeritus. Provided further the General Assembly retirement serv ice credit shall be only for the actual days such General Assembly was in session, and not for the entire term of office to which such person was elected. Likewise, any judge of the superior court of the State of Georgia who shall have attained the age of seventy years and shall be in at least his eleventh year of service as a judge of the superior court of this State, or any judge of the superior court
412
JOURNAL OP THE SENATE,
of the State of Georgia who shall have been in service as a judge of the superior court for ten years and becomes disabled from con tinuing his duties as judge of the superior court, and who has at tained the age of 62 years, shall be eligible to appointment to Judge of the Superior Courts Emeritus, satisfactory evidence of such dis ability having been presented to the board of trustees herein created and a recommendation of appointment having been made by a majority of said board.
Section 3: Section 3 of said act as amended,' is amended by striking in its entirety, Paragraph a, of Section 11, and inserting in lieu thereof a new paragraph to read as follows:
"(a) Any judge of the superior court of the State of Georgia who shall be in at least his nineteenth year of service as a judge of the superior court of this State, any service as solicitor-general of a judicial circuit, as a judge of, or solicitor of, a city or county court of the State of Georgia, or membership in the General As sembly of Georgia, being allowable in computing such nineteen years' service, provided at least five years have been served as judge of the superior court of this State or who has already been in service for nineteen years as a judge of the superior court of this State on March 9, 1945, and who is still in service as such officer, shall be eligible to retire at his pleasure and shall be eligible po receive two-thirds of the salary now or hereafter paid judges of the superior court. Provided further the General Assembly retirement service credit shall be only for the actual days such General Assembly was in session, and not for the entire term of office to which such person was elected."
Section 4: All laws and parts of laws in conflict with this act are hereby repealed.
On the adoption of the substitute, the ayes were 30, 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.
'On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute. - :
SB 63. By Senator Millican of the 52nd:
A bill to amend chapter 40-4 of the Cede of Georgia, 1933, providing for the establishment of a budget bureau, the preparation and submission of the budget and for other purposes related thereto, so as to provide for the establishment of an advisory budget committee of members of the General Assembly; 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.
,
THURSDAY, FEBRUARY 2, 1956
413
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB^ 71. By Senators Millican of the 52nd, Hollis of the 24th and Lovett of the 16th:
... A bill to require all fees paid to departments or agencies of the state of Georgia, except those paid to the common schools or to the institutions of the university system, to be paid into the State Treasury; to provide that no department or agency of the state of Georgia shall spend any fees collected by it unless they are specifically appropriated to it
, . in. dollars and cents; to repeal conflicting laws and parts of laws; and for other purposes.
''" The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following message was received from the House through Mr. Boone, the Clerkthereof:
Mr. President:
,
The House has adopted the following resolution of the House, to-wit:
HR 161. By Mr. Groover of Bibb:
A resolution calling for a joint session to hear an address by the Gov ernor, and for other purposes.
The Speaker has appointed as a committee of escort, on the part of the House, the following members of the House, to-wit:
Messrs. Bagby of Paulding, McGarity of Henry and Jessup of Bleckley.
SB 81. By Senators Hollis of the 24th, Page of the 1st and Overby of the 33rd:
A bill to declare void any judicial action by any court of this state in any matter in -Which the state of Georgia is an official of the state of Georgia in his official capacity is a party defendant, intervenor, re spondent, appellee or plaintiff in fi. fa., unless it affirmatively appears as a matter of record that notice of the proceeding was given to the attorney 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
.414
JOURNAL OF THE SENATE,
SB 93. By Senator Millican of, the 52nd:
A bill to be known as the boiler safety act; to provide for the safety of life, limb and property, and to create a board of boiler rules to serve without salary and to formulate and promulgate rules and regulations for the safe construction, installation, inspection and repair of boilers; and for other purposes.
Senator Millican of the 62nd moved that SB 93 be postponed until February 7th, and the motion prevailed.
SB 61. By Senator Shurling of the 21st:
A bill to amend chapter 67 of the 1933 code of Georgia relating to mort gages, conveyances to secure debt and liens, so as to establish liens in favor of subcontractors and in favor of mechanics and materialmen ' furnishing labor or material to subcontractors for the improvement of real estate; and for other purposes.
The Committee on Judiciary offered the following amendment:
Amend SB 61 by striking in Paragraph Number 4 in Section Num ber .3 the following words:
"Any materialmen, or any mechanic or any laborer, or any sub
contractor, or any mechanic of any sort employed by any sub
contractor, or any materialman furnishing material to any sub
contractor, or any laborer furnishing labor to any subcontractor
may, but is not required to, before the time for recording his claim
of lien expires, give written notice to the owner of the houses, prem
ises or real estate upon which he intends to claim a lien or upon
which he has claimed a lien and, also, _to the contractor having di
rected contractural relationship with said owner, which said written
notices shall . contain a substantially accurate statement of the
amount claimed and a substantially accurate description of the
property upon which the lien is claimed, or can be claimed, and a
,
disclosure of the fact that a lien has been filed or of the intention
to claim a lien of said amount. Notice is not required for the filing
of the lien and said notice may be given after the lien has been
filed. The statements contained in said notices shall be verified by
oath of the lienor or his agent or attorney. After the notice to the
owner, herein provided for, is given no payment to the contractor
shall be a credit or discharge of the lien in favor of the subcon
tractor or mechanic employed by him or materialmen furnishing
material to him. Such written notice shall be served by mailing the
same by registered mail, postage prepaid, in an envelope addressed
to the contractor at any place he maintains an office or conducts
>-
his business or his residence or in any manner in which the sheriffs
and their deputies of the several counties of the State of Georgia are
authorized by law to serve summons."
So that. Section 67-2002 of the Code of Georgia of 1933 as amended when amended shall read as follows:
67-2002. How liens declared and created; record; priorities.-- To make good the liens specified in Section 67-2001, they must be created and declared in accordance with the following provisions, and on failure;of any of them the lien shall not be effective, viz.:
THURSDAY, FEBRUARY 2, 1956
415
1; A substantial compliance by the party claiming the lien
with his contract for building, repairing, or improving, or for
materials or machinery furnished or set up, as set forth in said
section.
...-.-...
: -2. The recording of his claim of lien within three months after the completion of the .work, or within three months after such material or machinery is furnished, in the office of the clerk of the superior court of the county where such property is situated, which claim shall be in substance as follows: 'A.B., a mechanic, contractor, subcontractor, materialman,' machinist, manufacturer, or other per son (as the case ma,y be), claims a lien on the house, factory, steam mill, machinery, or railroad (as the case may be), and the premises of real estate on which it is created or built, of C.D. (describing the,houses, premises, real estate, or railroad), for building, repair ing, improving, or furnishing material (or whatever the claim may be).'
3. The commencement of an action for the recovery of the
amount of his claim within 12 months from the time the same shall
become due.
. ,-.--,.
In the event any contractor or subcontractor procuring ma
terial, labor or supplies for building, repairing or improving any
real estate, building, or othey structure shall abscond or remove
from the State within 12 months from the-date such labor, supplies
or material are furnished him, so that personal jurisdiction cannot
be obtained of said contractor or subcontractor in a suit for said
material, labor or supplies, or if, after the filing of suit against
such contractor, or subcontractor, no final judgment can be obtained
against him for the value of such material, labor or supplies, by
reason of the bankruptcy of.s^id contractor or subcontractor and
his subsequent discharge from civil liabilities, then and in any of
said events, the person or persons so furnishing material, labor or
supplies shall be relieved of the necessity of obtaining judgment
against such contractor or subcontractor as a prerequisite to en
forcing a lien against the property improved by said contractor or
Subcontractor and may, subject to the provisions of Section 67-2001,
enforce said lien directly against the property so improved, in any
action against the owner thereof, but with the judgment rendered
in any such proceeding to be limited to a judgment in rem against
the property improved and to impose no personal liability upon the
owner of said property: .Provided, that in such action for recovery,
the owner of the real estate improved, who has paid the agreed
price, or any part of the same may set up such payment in any
action brought, and proved by competent and relevant evidence that
such payments were applied as provided by law, and no judgment
shall be rendered against the property improved.
As between themselves, the liens provided for in said section shall rank according to date, but all of the liens herein mentioned for repairs, building, or furnishing materials, upon the same property, shall as to each other be of the same date when declared and re corded within three months after the work is done, or before, that time.
Said liens specified in Section 67-2201 shall be inferior to liens
416
JOUENAL OF THE SENATE,
for taxes, to the general and special liens of laborers, to the general liens of landlords for rent when a distress warrant is sued out and levied, to claims for purchase money due persons who have only given bonds for titles, and to other general liens when actual notice of such general lien of landlords and others has been communicated before the work was done or materials furnished; but the said liens provided for in said section shall be superior to all other liens not herein excepted,
4. In any proceeding brought by any materialmen, or by any mechanic, or by any laborer, or by any subcontractor, or by any mechanic of any sort employed by any subcontractor or by any materialmen furnishing material to any .subcontractor, or by any laborer furnishing labor to any subcontractor, to enforce such a lien, the contractor having direct contractual relationship with said subcontractor shall not be a necessary party, but he may be made a party, and in any proceedings brought by any mechanic employed by any subcontractor, or by any materialmen furnishing material to any subcontractor, or by any labor furnishing labor to any sub contractor, the subcontractor shall not be a necessary party, but he may be made a party; said contractor or subcontractor or both may intervene in said proceeding at any time before judgment, for the purpose of resisting the establishment of said lien or of asserting against the lienor any claim of the contractor or subcontractor growing out of or related to the transaction upon which the asserted lien is based.
On the adoption of the amendment, the ayes were 34, 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. - ;
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed
as amended.
.
SR 14. By Mr. Raulerson of the'46th:
A resolution to authorize the Governor, acting in behalf of the state, to'convey certain property in Pierce County; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
Oh the adoption of the resolution, the ayes were 36, nays 0.
The resolution, having received the requisite constitutional majority, was adopted. -. ;
The following resolution of the House was read and adopted:
THURSDAY, FEBRUARY 2, 1956
417
HR 161. By Mr. Groover of Bibb:
A resolution calling for a joint session to hear an address by the Gov ernor; and providing that a Committee of Escort, three to be appointed by the Speaker and two by the President of the Senate, be named to escort the Governor to the Hall of the House.
The president appointed as a committee of escort on the part of the Senate: Senators Wetherington of the 6th and Raulerson of the 46th.
SR 34. By Senator Millican of the 52nd:
A resolution creating a committee to study the advisability of (1) con forming the Georgia Income Tax Laws as nearly as practicable to the Federal Income Tax Law with respect to the determination and classi fication of a taxable net income, and (2) of providing for a state income tax withholding system; and for other purposes.
Senator Overby of the 33rd moved that SR 34 be postponed until February 7th.
On the motion to postpone, the ayes were 28, nays 4, and the motion prevailed.
SB 101. By Senator Harden of the 27th:
A bill to create the Georgia Board of Landscape Architects; to provide for the regulation and licensing of landscape architects; and for other purposes.
n
Senator Overby of the 33rd moved that SB 101 be postponed until February 7th and the motion prevailed.
Senator Overby of the 33rd moved that the Senate do now adjourn until 10:30 o'clock Monday morning and the motion prevailed.
The president announced the Senate adjourned until 10:30 o'clock Monday morning.
418
JOUENAL OP THE SENATE,
Senate Chamber, Atlanta, Georgia, Monday, February 6, 1956.
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 Eev. Ralph Shea, pastor, First Methodist Church, Monroe, Georgia.
By unanimous consent the call of the roll was dispensed with.
Senator Steis of the 25th 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 Overby of the 33rd 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. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and consideration of general 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 118. By Messrs. Bagby of Paulding, Rowland of Johnson and others:
A bill to amend an act creating the State Board of Workmen's Com pensation, and for other purposes.
HB 161. By Messrs. Carlisle, Groover and McKenna of Bibb:
A bill to vest title in the city of Macon to a certain portion of Pine Street in Square 74, and for other purposes.
HB 171. By Messrs. Freeman of Monroe, Sanders of Richmond and Hall of Floyd:
A bill to amend an act providing for the payment of maternity home and foster home care for pregnant, and for other purposes.
MONDAY, FEBRUARY 6, 1956
419
HB 177. By Mr. Key of Jasper:
A bill to provide for qualified surety companies to become surety to the extent of $200.00 with respect to guaranteed arrest bond certificates of automobile clubs and associations; and for other purposes.
HB 193. By Messrs. Groover of Bibb, Lavender of Elbert and others:
A bill to amend an act relating to the distribution of laws and journals for civil officers of each county, and for other purposes.
HB 302. By Mr. Pain of Franklin:
A bill to amend an act incorporating the city of Royston, so as to pro vide the type of municipal government, and for other purposes.
HB 304. By Messrs. Watson and Denson of Dougherty:
A bill to amend an act creating a new charter for the city of Albany, and for other purposes.
HB 307. By Mr. Bloodworth of Houston:
A bill to amend an act creating a city charter for the municipality of Warner Robins, and for other purposes.
HB 308. By Mr. Bloodworth of Houston:
A bill to amend an act creating and establishing a charter for the City of Warner Robins, and for other purposes.
HB 312. By Mr. Long of Murray:
A bill to amend an act creating and establishing a new charter for the city of Chatsworth, and for other purposes.
HB 314. By Messrs. Kilgore and Kelley of Gwinnett:
A bill to create a new municipality in Gwinnett County, Georgia to be known as the city of Berkeley Lake, and for other purposes.
HB 329. By Messrs. Cloud and Terrell of Decatur:
A bill to amend an act establishing the city court of Bainbridge, and for other purposes.
HB 330. By Messrs. McKenna, Carlisle and Groover 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 331. By Messrs. Fordham and Alien of Bulloch:
A bill to amend an act creating a new charter for the city of Statesboro, and for other purposes.
420
JOURNAL OF THE SENATE,
HB 332. By Messrs. Foster and Blalock of Clayton:
A bill establishing a new charter for the city of College Park, and for other purposes.
HB 342. By Messrs. Stephens and Matthews of Clarke:
A bill to authorize the Mayor and Council of the city of Athens and the Board of Commissioners of Roads and Revenue of Clarke County to give to the United States a tract of land; and for other purposes.
HB 343. By Messrs. Stephens and Matthews of Clarke:
A bill to amend an act creating the Athens Firemen's Pension System, and for other purposes.
HB 344. By Messrs. Stephens and 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 347. By Messrs. Stephens and Matthews of Clarke:
A bill to amend an act entitled an act to amend the charter of the town of Athens, so as to close a certain street; and for other purposes.
HB 349. By Mr. Peters of Meriwether:
A bill to amend an act entitled an act to incorporate the city of Man chester, and for other purposes.
HB 350. By Mr. Peters of Meriwether:
A bill to amend an act which incorporated the city of Manchester; and for other purposes.
HB 358. By Messrs. Willingham, Reed and Bentley of Cobb:
A bill to amend an act creating a new charter for the city of Smyrna; and for other purposes.
HB 360. By Mr. Underwood of Montgomery:
A bill to amend an act entitled an act to incorporate the town of Ailey; and for other purposes.
HB 362. By Mr. Underwood of Montgomery:
A bill to amend an act creating a new charter for the town of Mt. Vernon; and for other purposes;
HB 363. By Messrs. Groover of Bibb and Lavender of Elbert:
A bill to amend an act relating to the definition of Optometry by pro viding a new definition therefor; and for other purposes.
MONDAY, FEBRUARY 6, 1956
421
HB 364. By Messrs. Gunter and Williams of Hall: A bill to amend the charter of the city of Gainesville by defining and establishing the corporate limits; and for other purposes.
HB 368. By Mr. Todd of Glascock: A bill to consolidate the offices of Tax Receiver and Tax Collector of Glascock County into the office of Tax Commissioner, and for other purposes.
HB 370. By Mr. Dean of Rockdale: A bill to amend an act incorporating the city of Conyers, and for other purposes.
HB 374. By Mr. Dean of Rockdale: A bill to amend the charter of the city of Conyers, and for other purposes.
HB 380. By Messrs. Watson and Denson of Dougherty: A bill to amend an act creating and establishing a new charter for the city of Albany, so as to provide for retirement of municipal employees, and for other purposes.
HB 396. By Mr. Roughton of Washington: A bill to amend an act creating the city court of Sandersville, and for other purposes.
HB 401. By Mr. Jones of Worth: A bill to amend an act to create a new charter for the City of Sylvester, and for other purposes.
HB 145. By Messrs. Mobley and Gates of Burke, McGarity of Henry and others: A bill to amend an act known as the "Georgia State Warehouse Act", so as to provide a change in the bond requirement, and for other purposes.
HB 263. By Messrs. Land of Wilkinson, Gates of Burke and others: A bill to provide for the licensing of manufacturers, bottlers and dis tributors of bottled soft drinks and soft drink syrup, and for other purposes.
SB 59. By Senator McDonald of the 43rd:
A bill to amend, consolidate and supersede the various acts incorporating the city of Dalton, and for other purposes.
SB 26. By Senators Dean of the 40th and others: A bill to amend an act to authorize the Commissioner of Agriculture to
422
JOURNAL OP THE SENATE,
enter into contracts for the leasing of space at farmers' markets; and for other purposes.
The House has agreed to the Senate amendments to the following Bill and Resolution of the House, to-wit:
HB 111. By Messrs. Moate of Hancock and Groover of Bibb:
A bill to prohibit members of boards, bureaus, commissions, committees and other state agencies and authorities, under certain conditions, from selling goods or services to the state and such agencies and authorities on which they serve, and for other purposes.
HR 62. By Messrs. Moate of Hancock, Groover of Bibb and Sheffield of Brooks:
A resolution creating a committee for the purpose of discussing common problems with members of Legislatures from certain other states, and for other purposes.
The House has disagreed to the Senate amendments to the following bill of the House, to-wit:
HB 35. By Messrs. Tarpley of Union, Cheatham of Chatham and others: A bill to create a Statewide Probation System; and for other purposes.
The Speaker has appointed as a Committee of Conference, on the part of the House, the following members of the House, to-wit:
Messrs. Tarpley of Union, Lavender of Elbert and Lindsey of Spalding.
The House has adopted the following resolution of the Senate, to-wit:
SR 40. By Senators Ursrey of the 54th and Matthews of'the 47th:
A resolution to request that tobacco farmers be permitted to continue leasing tobacco allotments; and for other purposes.
The following bills were introduced, read the first time and referred to committees:
SB 129. By Senators Harden of the 27th, Overby of the 33rd and Turner of the 34th:
A bill to provide that the official court reporter of the Piedmont Judicial Circuit shall be compensated on a salary basis in lieu of all fees; and for other purposes.
Referred to the Committee on Judiciary.
SB 130. By Senator Brooks of the 50th:
A bill to provide that no insurance company doing business in the State of Georgia and writing automobile liability or fire, theft or collision
MONDAY, FEBRUARY 6, 1956
423
coverages shall contract with any person producing such business under any kind of retrospective agreement; to provide a definition for certain terms used herein; and for other purposes.
Referred to the Committee on Industry and Labor.
SB 131. By Senator Paulk of the 45th:
A bill to amend the act creating the Board of Commissioners of Roads and Revenues of Irwin County by striking the last sentence of Section _ of said act; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 132. By Senator Blalock of the 36th:
A bill to amend the act establishing a City Court of Newnan so as to fix the salary of the Judge of said Court; and for other purposes.
Referred to the Committee on Judiciary.
SB 133. By Senators Millican of the 52nd, Lovett of the 16th and Hollis of the 24th:
A bill to amend the act creating a Department of Public Safety for Georgia by changing the duties of the Georgia State Patrol so that the Patrol is required to devote its time mainly to patrolling the roads, controlling traffic, and related matters and not to aid local law en forcement in other matters unless specifically authorized and directed to do so by the Director of Public Safety; and for other purposes.
Referred to Committee on Rules.
SB 134. By Senators Millican of the 52nd, Lovett of the 16th and Hollis of the 24th:
A bill to transfer the management of the Milledgeville State Hospital from the Department of Public Welfare to the Department of Public Health; and for other purposes.
Referred to the Committee on Health and Welfare.
HB 118. By Messrs. Bagby of Paulding, Rowland of Johnson and others:
A bill to amend an act creating the State Board of Workmen's Compen sation; and for other purposes.
Referred to Committee on Industry and Labor.
HB 145. By Messrs. Mobley and Gates of Burke, McGarity of Henry and others:
A bill to amend an act known as the "Georgia State Warehouse Act", so as to provide a change in the bond requirement; and for other pur poses.
Referred to Committee on Agriculture.
424
JOURNAL OF THE SENATE,
HB 151. By Messrs. Carlisle, Groover and McKenna of Bibb: A bill to vest title in the City of Macon to a certain portion of Pine Street in square 74; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 171. By Messrs. Freeman of Monroe, Sanders of Richmond and Hall of Floyd: A bill to amend an act providing for the payment of maternity home and foster home care for pregnant women; and for other purposes.
Referred to Committee on Health and Welfare.
HB 177. By Mr. Key of Jasper: A bill to provide for qualified surety companies to become surety to the extent of $200.00 with respect to guaranteed arrest bond certificates of automobile clubs and associations; and for other purposes.
Referred to Committee on Industry and Labor.
HB 193. By Messrs. Groover of Bibb, Lavender of Elbert and others: A bill to amend an act relating to the distribution of laws and journals for civil officers of each county; and for other purposes.
Referred to Committee on Judiciary.
HB 263. By Messrs. Land of Wilkinson, Gates of Burke and others: A bill to provide for the licensing of manufacturers, bottlers and dis tributors of bottled soft drinks and soft drink syrup; and for other purposes.
Referred to Committee on Finance.
HB 302. By Mr. Fain of Franklin: A bill to amend an act incorporating the City of Royston, so as to pro vide the type of municipal government; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 304. By Messrs. Watson and Denson of Dougherty:
A bill to amend an act cheating a new charter for the City of Albany; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 307. By Mr. Bloodworth of Houston:
A bill to amend an act creating a city charter for the municipality of Warner Robins; and for other purposes.
Referred to Committee on County and Municipal Governments.
MONDAY, FEBRUARY 6, 1956
425
HB 308. By Mr. Bloodworth of Houston:
A bill to amend an act creating and establishing a charter for the City of Warner Robins; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 312. By Mr. Long of Murray:
A bill to amend an act creating and establishing a new charter for the City of Chatsworth; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 314. By Messrs. Kilgore and Kelley of Gwinnett: A bill to create a new municipality in Gwinnett County to be known as the City of Berkeley Lake; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 329. By Messrs. Cloud and Terrell of Decatur:
A bill to amend an act establishing the city court of Bainbridge; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 330. By Messrs. McKenna, Carlisle and Groover 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 County and Municipal Governments.
HB 331. By Messrs. Fordham and Alien of Bulloch:
A bill to amend an act creating a new charter for the City of Swainsboro; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 332. By Messrs. Foster and Blalock of Clayton:
A bill establishing a new charter for the City of College Park; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 342. By Messrs. Stephens and Matthews of Clarke:
A bill to authorize the mayor and council of the City of Athens and the Board of Commissioners of Roads and Revenues of Clarke County to give to the United States a tract of land; and for other purposes.
Referred to Committee on County and Municipal Governments.
426
JOURNAL OF THE SENATE,
HB 343. By Messrs. Stephens and Matthews of Clarke:
A bill to amend an act creating the Athens Firemen's Pension System; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 344. By Messrs. Stephens and 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.
Referred to Committee on County and Municipal Governments.
HB 347. By Messrs. Stephens and Matthews of Clarke:
A bill to amend an act entitled an act to amend the charter of the Town of Athens, so as to close a certain street, and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 349. By Mr. Peters of Meriwether:
A bill to amend an act entitled an act to incorporate the City of Man chester; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 350. By Mr. Peters of Meriwether:
A bill to amend an act which incorporated the City of Manchester; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 358. By Messrs. Willingham, Reed and Bentley of Cobb:
A bill to amend an act creating a new charter for the City of Smyrna; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 360. By Mr. Underwood of Montgomery:
A bill to amend an act entitled an act to incorporate the Town of Ailey; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 362. By Mr. Underwood of Montgomery:
A bill to amend an act creating a new charter for the Town of Mt. Vernon; and for other purposes.
Referred to Committee on County and Municipal Governments.
MONDAY, FEBRUARY 6, 1956
427
HB 363. By Messrs. Groover of Bibb and Lavender of Elbert:
A bill to amend an act relating to the definition of Optometry by pro viding a new definition therefor; and for other purposes.
Referred to Committee on Judiciary.
HB 364. By Messrs. Gunter and Williams of Hall:
A bill to amend the charter of the City of Gainesville by defining and establishing the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 368. By Mr. Todd of Glascock:
A bill to consolidate the offices of tax receiver and tax collector of Glas cock County into the office of tax commissioner; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 370. By Mr. Dean of Rockdale: ,
A bill to amend an act incorporating the City of Conyers; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 374. By Mr. Dean of Rockdale:
A bill to amend the charter of the City of Conyers; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 380. By Messrs. Watson and Denson of Dougherty:
A bill to amend an act creating and establishing a new charter for the City of Albany, so as to provide for retirement of municipal employees; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 396. By Mr. Roughton of Washington:
A bill to amend an act creating the city court of Sandersville; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 401. By Mr. Jones of Worth:
A bill to amend an act to create a new charter for the City of Sylvester; and for other purposes.
Referred to Committee on County and Municipal Governments.
Mr. Turner of the 34th District, Chairman of the Committee on County and Municipal Governments, submitted the following report:
428
JOUKNAL OF THE SENATE,
Mr. President:
Your Committee on County and Municipal Governments have had under con sideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendation:
SB 122. Do Pass.
Respectfully submitted,
Turner of 34th District,
Chairman.
Mr. Garrett of the 53rd District, Chairman of the Committee on Finance, submitted the following report:
Mr. President:
Your Committee on Finance have had under consideration the following bill of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
SB 55. As amended be brought to the floor of the Senate for consideration, without committee recommendation.
Respectfully submitted,
Garrett of 53rd District,
Chairman.
Mr. Brooks of the 50th District, Chairman of the Committee on Senate Ad ministrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs 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:
SR 14.
SR 37.
SB 18.
SB 54.
SB 61.
SB 63.
SB 71.
Respectfully submitted,
Brooks of the 50th District,
Chairman.
The following bill, favorably reported by the committee, was read the second time:
MONDAY, FEBRUARY 6, 1956
429
SB 122. By Senator Hollis of the 24th:
A bill to amend the charter of the City of Columbus in the county of Muscogee so as to extend the present corporate limits of said city; and for other purposes.
The Committee on Finance recommended that the following bill of the Senate be brought to the floor of the Senate for consideration without committee recom mendation :
SB 55. By Senators Matthews of the 47th, Ursrey of the 54th, Ponsell of the 5th and others:
A bill to amend an act imposing a tax on the sale, use or other dis position of little cigars, cigars and cigarettes within this state so as to change the tax upon cigarettes; and for other purposes.
The following bill of the House was taken up for the purpose of considering House action thereto:
HB 35. By Mr. Tarpley of Union and others: A bill to create a statewide probation system; and for other purposes.
Senator Overby of the 33rd, moved that the Senate insist on its position and that a Committee of Conference be appointed.
The motion prevailed and the president appointed as a Committee of Con ference on the part of the Senate:
Senators McDonald of the 43rd, Hollis of the 24th and Davis of the 42nd.
Senator Steis of the 25th asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Defense and Veterans Affairs, read the second time and recommitted:
SB 120. By Senator Steis of the 25th and Ricketson of the 19th:
A bill to provide for the issuance of automobile license tags to disabled veterans; and for other purposes.
The consent was granted.
The following local uncontested bills and resolutions were read the third time and put upon their passage:
HB 199. By Messrs. Barber and Short of Colquitt:
A bill to create water districts in Colquitt County, known respectively as the Sylvester Drive Water District; and for other purposes.
Senator Matthews of the 47th offered the following amendment:
Amend HB 199 as follows:
430
JOURNAL OP THE SENATE,
By striking Section 11 and in lieu thereof inserting the following:
A"Section 11. The District is granted the exclusive right, after acquiring existing utilities or facilities, either by purchase of or by the exercising of the right of eminent domain over such existing utlities or facilities, to construct, install, maintain and operate water systems, fire departments and sewage systems within the District or within any particular area therein where the exercise of such right is desired by the District. Provided, however, that any exist ing utility or facility may continue to be operated until it is pur chased or acquired by the District and provided further that the provisions of this section shall be held to be a limitation on the ex clusive character only of the rights and powers conferred by this Act."
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 250. By Messrs. Bolton and Lindsey of Spalding:
A bill to repeal an act authorizing the commissioners of the City of Griffin to close and vacate a portion of a certain street in the city of Griffin; and for other purposes.
The report 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 251. By Messrs. Bolton and Lindsey of Spalding:
A bill to provide for an expense allowance for the members of the board of commissioners of roads and revenues 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 252. By Messrs. Bolton and Lindsey of Spalding:
A bill to amend an act creating the charter of the City of Griffin, to extend the city and corporate limits and boundaries to certain areas
MONDAY, FEBRUARY 6, 1956
431
adjacent to the present 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 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 287. By Messrs. Foster and Blalock of Clayton:
'A bill to create and incorporate the City of Mountain View; and for other purposes.
The report 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.
HR 59. By Messrs. Nightingale and Killian of Glynn:
A RESOLUTION
Proposing to the Qualified Voters of the State of Georgia an Amend ment to Article VII, Section I, Paragraph IV, of the Constitution of Georgia to provide that the Homestead exemption shall not apply to taxes which are assessed and collected by the taxing authorities of Glynn County for the support and maintenance of Education as recommended by the Glynn County Board of Education.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1.
That Article VII, Section I, Paragraph IV, of the Constitution of Georgia be amended by adding thereto the following:
"Notwithstanding anything elsewhere provided in this Consti tution, the homestead exemption shall not apply to taxes which are assessed and collected by the taxing authorities of Glynn County for the support and maintenance of education as recommended by the Glynn County Board of Education."
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 shall have been entered on their journals with the yeas and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amend ment to be published in one or more newspapers in Glynn County for two months previous to the time of holding the next general election.
432
JOUENAL OF THE SENATE,
SECTION 3.
BE IT FURTHER RESOLVED by the authority aforesaid, that the above proposed amendment shall be submitted for ratification or rejection to the voters of Glynn County at the next general election to be held after the publication as provided for in the second section 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 proposed amend ment to the Constitution shall have written or printed on their ballots the words: "For ratification of amendment to Article VII, Section I, Para graph IV, of the Constitution, providing that the homestead exemption shall not apply to taxes assessed and collected by the taxing authorities of Glynn County for the support and maintenance of education as recom mended by the Glynn County Board of Education;" and all persons op posed 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 shall not apply to taxes assessed and collected by the taxing authorities of Glynn County for the support and maintenance of education as recommended by the Glynn County Board of Education." If such amendment is ratified in accordance with the Constitution of this State, 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 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:
Ayers Blalock Brooks Chance Clary Coffin Davis Dean Dews Florence Harper Hollis
Hopkins
Housley Jones, 38th Jones, 18th Kelly Matthews McDonald Millican Morrison Neel Overby Page Paulk
Reynolds
Richardson
Ricketson Roop Seagraves Shurling
Steis Toms Waters Wetherington Wilkins
Wood 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.
MONDAY, FEBRUARY 6, 1956
433
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
SR 32. By Senator Page of the 1st:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the Governing Authority of Chatham County to expend county funds for the purpose of eradicating mosquitoes; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1.
Article VII, Section IV, Paragraph I, of the Constitution relating to taxing powers of counties, is hereby amended by adding at the end thereof the following:
"The Governing Authority of Chatham County is hereby authorized to expend county funds for the purpose of eradicating mosquitoes in said county and to control drainage and sanitation and to use whatever other means reasonably necesary to accomplish said purpose."
SECTION 2.
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 branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Gov ernor is hereby authorized and instructed to cause such proposed amend ment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. Such proposed amendment shall be submitted as provided in said Paragraph.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to Constitution so as to author ize the Governing Authority of Chatham County to expend county funds for the purpose of eradicating mosquitoes.
"Against ratification of amendment to Constitution so as to authorize the Governing Authority of Chatham County to expend county funds for the purpose of eradicating mosquitoes."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
434
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:
Ayers
Blalock
Brooks
Chance
Clary
Coffin
Davis
Dean
Dews
Florence
Harper
Hollis
,
Hopkins
Housley
Jones, 38th Jones, 18th Kelly
Matthews McDonald Millican Morrison Neel Overby Page Paulk Reynolds
Richardson
Ricketson Roop Seagraves
Shurling Steis Toms Waters Wetherington Wilkins Wood 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 two-thirds ma jority, was adopted.
SR 33. By Senator Page of the 1st:
A RESOLUTION.
Proposing to the qualified voters of the State of Georgia an amend ment to Paragraph III, Section I, Article VII, of the Constitution of Georgia of 1945 creating additional industrial areas in the County of Chatham, fixing the boundaries of said industrial areas, providing that needed municipal services be furnished said areas as a prerequisite for taxation by any municipal corporation, providing for the levying of taxes in a manner different from the manner of levying taxes on other classes of property, limiting the amount of taxes that may be levied in said industrial areas by any municipal corporation; and providing for the submission of this amendment for ratification or rejection by the people, and for other purposes.
WHEREAS, in order to keep pace with the rapidly increasing in dustrial progress of Chatham County and to continue to encourage in dustries to locate in Chatham County.
It is deemed wise and expedient to expand the industrial areas suit able for the location of industries in Chatham County, Georgia, and to provide for the furnishing of certain services by any municipal corpora tion which may hereafter be in a position to furnish same:
Therefore, be it resolved by the General Assembly of the State of Georgia that:
SECTION I.
That Article VII, Section I, Paragraph III of the Constitution of
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435
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 III B, Section I, Article VII, of the Constitution of the State of Georgia of 1945:
Paragraph III B. There are hereby created in Chatham County, west of the property of the Georgia Ports Authority, commonly known as Savannah State Docks, certain areas along the Savannah River, to be known as industrial areas; said industrial areas shall include all the lands and improvements located within the following boundaries:
PARCEL NO. 1. Beginning at the intersection of Pipe Maker Canal and the west line of the Savannah River and extending thence westwardly along the north side of Pipe Maker Canal to the intersection of said Canal and the east line of U. S. Highway No. 17, thence along the east line of U. S. Highway No. 17 in a north erly direction to the southwest corner of Lot No. 72 in the Grange Subdivision, thence with the south line of the Grange Subdivision in an easterly direction to the southwest corner of Lot 96 of said subdivision, the same point being the southwest corner of Lot No. 98 of said subdivision, thence along the line between Lots No. 96 and 98 of said subdivision in a northerly direction and continuing across Grange Road to the southeast corner of Lot No. 97 of the Grange Subdivision, extending thence northwardly along the east line of Lot No. 97 to the northeast corner of said lot, extending thence westwardly along the north line of Grange Subdivision to the east line of U. S. Highway No. 17, extending thence northwardly along the east line of U. S. Highway No. 17 to the north property line of the Atlantic Creosoting Company, extending thence eastwardly along the north property line of Atlantic Creosoting Com pany to the west boundary of the right of way of the Savannah and Atlanta Railway, thence in a northerly and northwesterly di rection along said right of way line of the Savannah and Atlanta Railway to a point on the east line of U. S. Highway No. 17, ex tending thence northwardly along the east line of U. S. Highway No. 17 to a point approximately 107 feet south of the intersection of U. S. Highway No. 17 and the south line of Appleby Road, ex tending thence northwardly along the east line of Blocks Numbers 1, 20 and 21 of Bonnybridge Subdivision to a point on the south line of U. S. Highway No. 17, extending thence across U. S. High way No. 17 on a bearing of north ten degrees forty-five minutes (10 45') west and continuing on this bearing to the intersection of a line on said bearing and Augustine Creek, said Creek being the northern property line of the Port Wentworth Corporation, thence in an easterly direction along said creek to a point on the west line of the Savannah River, thence with the west line of the Savannah River in a southerly direction to the point of beginning; all of which will appear by reference to a map showing Port Went worth Corporation property and vicinity, Chatham County, Georgia, and listed as Map No. 16538, File C-6-Y, in the Office of Chief Engineer, Savannah and Atlanta Railway Company.
PARCEL NO. 2. An island formed by the cutting of a new channel and the old channel of the Savannah River and located east of the new channel, the property of the Port Wentworth Corpo ration.
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PARCEL NO. 3. And also all that portion of Whitehall Plantation lying west of U. S. Highway No. 17, marked "Midland Properties Co.", which is bounded on the north by the south line of the Grange Subdivision, on the east by U. S. Highway No. 17, on the south by Pipe Maker Canal, and on the west by Georgia Highway No. 21, commonly known as the Augusta Road;
Be it further resolved by the authority aforesaid that said indus trial areas as above described shall not hereafter be included within the limits of any municipal corporation, hereafter incorporated or now existing, except by process of constitutional amendment, and said areas shall not be subject to taxation by any municipal corporation now existing or hereafter incorporated except in the manner herein pro vided. The duly constituted authorities of any municipal corporation hereafter incorporated or now existing, shall be authorized and em powered to levy taxes on the land and improvements in said industrial areas when such municipal corporation shall be able to furnish needed municipal services to said areas or parts thereof, and the levying of taxes on said industrial areas, or parts thereof, 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 in dustrial areas. The duly constituted authorities of any such municipal corporation when empowered to levy taxes on the land and improve ments within said industrial areas are hereby expressly prohibited from exercising regulatory licensing or any other municipal or other governmental function over said area.
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 of the General Assembly, said amend ment shall be entered on their journals with "ayes" and "nays" taken thereon, and shall, by the Governor, be published in one or more news papers 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 per sons voting at said election in favor of adopting said proposed amend ment to the Constitution shall have written or printed on the ballot the words "For ratification of amendment to Article VII, Section I, Paragraph III, of the Constitution of Georgia, authorizing the creation of additional industrial areas in the County of Chatham," and all per sons 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 I, Paragraph III, of the Constitution of Georgia, authorizing the creation of additional industrial areas in the County of Chatham."
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
MONDAY, FEBRUARY 6, 1956
437
said amendment shall become a part of Article VII, Section I, Para graph III, of the Constitution of the State of Georgia, and the Gover nor 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:
Ayers Blalock Brooks Chance Clary
Coffin Davis Dean Dews Florence
Harper Hollis
Hopkins
Housley Jones, 38th Jones, 18th Kelly Matthews
McDonald Millican Morrison Neel Overby
Page Paulk
Reynolds
Richardson Ricketson Roop Seagraves Shurling
Steis Toms Waters Wetherington Wilkins
Wood 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.
SR 36. By Senator Raulerson of the 46th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Pierce County by district; to provide that the Board select the County School Superin tendent; to prescribe the procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article VIII, Section V, Paragraph I of the Constitution, relating to the county boards of education, is hereby amended by adding at the end thereof the following:
"The Board of Education of Pierce County shall be composed of seven members, to be elected as hereinafter provided. For the purpose of electing such members, Pierce County is hereby divided
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into seven school districts. School District No. 1 shall be composed of Militia District No. 584, known as the Blackshear Militia Dis trict. School District No. 2 composed of Militia District No. 1181, known as the Patterson Militia District. School District No. 3 composed of Militia District No. 1330, known as the Sweat Militia District. School District No. 4 composed of Militia District No. 1250, known as the Mershon Militia District. School District No. 5 composed of Militia District No. 1609, known as the Walkerville Militia District. School District No. 6 composed of Militia Dis trict No. 1694, known as the Bristol Militia District. School Dis trict No. 7 composed of Militia District No. 1491, known as the Dowling Militia District. Each member of the Board shall be elected only by the voters of the school district which such mem ber is to represent. Any person offering as a candidate to repre sent a school district on the Board must reside in the district from which he offers. No person shall be eligible for membership on the Board unless he has resided in the school district from which he offers as a candidate for at least one year immediately preced ing the date of the election.
"In the event this amendment is ratified, it shall be the duty of the Ordinary of Pierce County to issue the call for an election, which call shall be issued at least ten days prior to the date of such election, and the Ordinary shall set the date for such election for a day between the third and eighth days of December, inclu sive, in the year 1956. Such election shall be for the purpose of electing the first members of the Board of Education of Pierce County created under this amendment, and it shall be the duty of the Ordinary to publish the date of the election, the purpose there of, and a brief explanation of the voting procedure by districts, at least once preceding the date of the election, in the official organ of Pierce County. The members elected at such election shall take office January 1, 1957. The members elected from school districts Nos. 2, 3 and 7 shall serve for a term of two years and until their successors are elected and qualified. The members elected from school districts Nos. 1, 4, 5, and 6 shall serve for a term of four years and until their successor are elected and qualified. All future members shall serve for a term of four years and until their suc cessors are elected and qualified. All future elections shall be held on the same day as members of the General Assembly from Pierce County are elected, and the members elected shall take office on the first day of January immediately following their election. In case of a vacancy on the Board for any cause other than expira tion of a term of office, an election shall be held to elect a mem ber from the school district in which such vacancy occurs to fill the unexpired term. Such election shall be held within thirty days after the vacancy occurs.
"The Board of Education of Pierce County provided for herein shall select by a majority vote the County School Superintendent of Pierce County, who shall serve at the pleasure of the Board. No person shall be eligible to hold the office of County School Super intendent unless he shall have had at least three years practical teaching experience, hold at least a first-grade high school license, and in addition thereto shall have a Masters Degree from an accredited literary college or normal school. Such person must be of good moral character and must not have been convicted of any
MONDAY, FEBRUARY 6, 1956
439
crime involving moral turpitude. The County School Superin tendent of Pierce County, who is elected in 1956 and who shall take office in 1957 shall serve as County School Superintendent until such time as the Board shall choose to select a Superintendent. The Board may select a person who has been elected, or they may elect some other person.
"The Board of Education of Pierce County in effect at the time of the ratification of this amendment shall be abolished ef fective December 31, 1956, and the terms of office of all members of such Board shall expire on such date.
"The County Board of Education as provided for herein and the County School Superintendent as provided for herein shall be subject to all constitutional provisions and all statutory provisions relative to county boards of education and county school superin tendents, respectively, unless such provisions are in conflict with the provisions of this amendment.
"The members of the County Board of Education shall annually elect one of their number as Chairman of said Board. Such Chair man shall be elected at the first meeting of the Board held in each year. The members of said Board shall be compensated in the amount of $12.50 per diem for the days on which they are actually performing service as members of the Board."
SECTION 2.
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 branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor is hereby authorized and instructed to cause such pro posed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. Such proposed amendment shall be submitted as provided in said Paragraph.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to Constitution so as to pro vide for the election of members of the Pierce County Board of Education by districts, and for the selection of the Pierce County School Superintendent by the Board.
"Against ratification of amendment to Constitution so as to provide for the election of members of the Pierce County Board of Education by districts, and for the election of the Pierce County School Superintendent by the Board."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per sons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Para graph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner
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as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
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:
Ayers Blalock Brooks Chance Clary Coffin Davis Dean Dews Florence Harper Hollis
Hopkins
Housley Jones, 38th Jones, 18th Kelly Matthews McDonald Millican Morrison Neel Overby Page Paulk
Reynolds
Richardson Ricketson Roop Seagraves Shurling Steis Toms Waters Wetherington Wilkins Wood 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.
Senator McDonald of the 43rd asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Judiciary, read the second time and recommitted:
SB 90. By Senator McDonald of the 43rd:
A bill to authorize the clerk of the superior court or the ordinary of any county of this state to install and use photostatic equipment in copying and furnishing copies of any and all instruments on file in their offices; and for other purposes.
The consent was granted.
Senator McDonald of the 43rd asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Educational Matters, read the second time and recommitted:
SB 128. By Senators Shurling of the 21st and Lovett of the 16th:
A bill to amend the Minimum Foundation Program of Education in
MONDAY, FEBRUARY 6, 1956
441
Georgia so as to provide for an election of teachers, principals and other school employees upon the vote of a majority of the entire mem bership of the board of education without the recommendation of the county superintendent; and for other purposes.
The consent was granted.
Senator McDonald of the 43rd asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Educational Matters, read the second time and recommitted:
SB 52. By Senator Dews of the 9th:
A bill to provide that no schools in any county shall be consolidated without a vote of the persons living in the affected county; to provide for a commission; to provide the procedure; and for other purposes.
The consent was granted.
Senator McDonald of the 43rd asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Educational Matters, read the second time and recommitted:
SB 48. By Senator Matthews of the 47th:
A bill to amend an act establishing a retirement system for certain teachers in the public and state supported schools (Ga. Laws 1943, p. 640), so as to remove the provision relative to receiving the equivalent of a service retirement allowance if a member has 35 years of service; to change the date of the computation of the accrued liability contribu tion rate; and for other purposes.
The consent was granted.
HB 9. By Mr. Floyd and others:
A bill to amend an act known as the Teachers Retirement System Act, so as to provide that teachers coming into the teacher retirement sys tem shall be entitled to receive credit for prior teaching service in other states or independent school systems, etc.; and for other pur poses.
The consent was granted.
HB 8. By Mr. Hall of Floyd and others:
A bill to amend an act known as the Teachers Retirement System Act, so as to provide that all teaching experience in Georgia shall be counted in computing service for retirement purposes; and for other purposes.
The consent was granted.
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SB 70. By Senators Millican of the 52nd, Hollis of the 24th and Lovett of the 16th:
A bill to amend the Minimum Foundation Program for Education Act so as to provide that state-contributed foundation program funds allotted to a local unit shall be limited to 85% of the total calculated cost of a local unit for the school year beginning September 1956; 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 109. By Senators Hollis of the 24th, Millican of the 52nd and Lovett of the 16th:
A bill to direct the Commissioner of Agriculture to evaluate each of the present farmers' markets that are being operated by the state and to determine whether any one or more of them should be closed; to authorize the closing of markets and the sale or leasing of the closed markets to industrial sites for the purpose of attracting new industries to the communities; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 110. By Mr. Cheatham and others:
A bill to amend an act entitled "an act to authorize and empower county boards of education to condemn private property for public school purposes or to be used in connection with the public education program of the county; and for other purposes.
Senator Overby of the 33rd moved that HB 110 be postponed until February 7th and the motion prevailed.
The hour for 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, the Governor, addressed the General Assembly as follows:
SPEAKER MOATE, LIEUTENANT-GOVERNOR VANDIVER, MEMBERS OF THE GENERAL ASSEMBLY AND MY FELLOW GEORGIANS:
MONDAY, FEBRUARY 6, 1956
443
We are in session here today to give continuing consideration to the most vital issue to confront this body since its creation.
That is the question of our course of action in the face of decisions by the United States Supreme Court which seek to destroy our system of segregated schools.
Our peril is all the more grave because the means utilized in these rulings strike at the very existence of state authority.
This General Assembly has enacted legislation making provision for edu cation grants as authorized by the Amendment adding Section 13 to Article 8 of the Georgia Constitution.
This General Assembly also has enacted other implementing legislation at this session.
These measures were recommended by the Georgia Commission on Educa tion and iby me. It has been my pleasure as Chief Executive, formally to ap prove these Acts, and they are now the law. ''.'''
I cqngratulate you upon this achievement.
We are determined to use all honorable means and legal resources in this fight!
We are now. prepared, as and; .when necessary, and of course not until then, to commit the education of the children of this State to the people themselves.
Through a system of private schools, organized and founded by the school patrons in the local communities, an educational structure serviceable and satis factory to Georgians will continue as long as the people desire.
We must now direct our attention toward the continued preservation of our public schools. Authorized by the Georgia Constitution of 1777, the State's public school system is the oldest constitutionally-authorized system in the United States.
The social structure of the State is secure by reason of the legislation which you have enacted. As a result of these laws, the integrity of the two races in Georgia will be maintained.
But it is your solemn duty as representatives of the people and it is my solemn duty as Chief Executive, to utilize every means at our disposal to pro tect and defend the right of the State to operate her public schools as long as she desires.
We labor under this duty because the public schools of Georgia are good schools, operating in an efficient manner and serving well the children of both races. Also because acquiescence in the edicts of the Supreme Court of the United States over public schools is an invitation to that Court further to extend unlaw-
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fully its authority over other matters concerning which they have no rightful jurisdiction.
The Supreme Court had no authority to declare segregated public schools unconstitutional. Therefore, Georgia may not be accused justly of violating her obligations as a member of the Union in continuing to operate her public schools in each and every school district in this State.
As a matter of right under these circumstances, the State ought to be possessed of power to declare that the Court overstepped its authority; that these decisions are null and void, and, thus, to justify before the Nation the interposition of her sovereign power between the Court and her public schools.
The Commission on Education has recommended that you adopt a resolution to that effect.
When I had the honor of addressing you on January 10th, I stated it would be my privilege at a later date to present to you my views upon this matter. Since that time I have conferred at length with Counsel, and have had the opportunity of meeting in Richmond with the Chief Executives of the Common wealth of Virginia and the States of South Carolina and North Carolina and Mississippi.
It is my request that this General Assembly adopt a resolution declaring the decisions of the Supreme Court of the United States in the cases relating to the public schools of Virginia, South Carolina, Delaware and Kansas, to be null, void and of no effect.
The Court's attempted usurpation is palpable and flagrant.
The circumstances are such as in my judgment authorize you to take this course.
Now, let us examine the nature and structure of the government provided by the Constitution of the United States, and the fundamental principles of relationship between the States and the Federal Government, with particular reference to its Judicial Department.
Here are some fundamental truths:
1. In this Country sovereignty resides in the people of the respective States.
2. When the Constitution of the United States was formed and the Fed eral Government established, the people of the respective States delegated a por tion of governmental authority to the Federal Government.
3. All of the power not so delegated to the Federal Government is re tained by the people of the respective States.
4. The three departments of the Federal Government--the executive, legis-
MONDAY, FEBRUAEY 6, 1956
445
lative and judicial--are agencies for the people of the respective States, created for the purpose only of carrying out the authority granted to each department.
5. The Supreme Court of the United States is one of the units of the Judicial Department of the Federal Government, and can have no authority beyond that delegated by the Constitution of the United. States to the Judicial Department.
6. When any of the three departments of the Federal Government under takes to exercise authority over matters concerning which it has not been granted power, such an undertaking is illegal and unconstitutional, because it is beyond the authority granted. No exception is made for the Supreme Court of the United States, and if it undertakes to exercise power over a subject con cerning which no authority has been granted, its acts are illegal, unconstitu tional and without any lawful force.
7. The Supreme Court of the United States has no jurisdiction over any State of the Union except in the case of suits between States respecting bound ary disputes and the like; and suits between the States and the United States in cases of that character.
8. Since the Federal Supreme Court has no other authority to render any judgment against a State, its declaration that the States are prohibited from operating public schools according to the segregated system is wholly without authority of the Constitution.
9. The judicial power of the United States does not in the nature of things extend to interferring with the States in respect of their public school systems.
10. By these vicious decisions the Court undertakes to establish that its pronouncements are the supreme law of the land. The Court thus disobeys the Constitution, for it is there provided that the Constitution, the laws of the United States made in pursuance thereof, and treaties made under the authority of the United States, shall be the supreme law of the land. The Court assumes further unlawfully the power to judge all the laws of the States according to facts created by the Court, and to veto such laws if in the judgment of the Court they do not meet with its approval.
11. The Supreme Court has no power to judge the extent of its own author ity. Its jurisdiction is that which is authorized by the Constitution. When it goes beyond the Constitution, it oversteps its powers. It cannot by a mere claim of additional authority confer the same upon itself.
12. The authority which the Supreme Court may exercise must be found within the limits of the judicial power delegated by the States. If the Court attempts to intrude into an unauthorized field, a State possesses the right to take note of the unlawful conduct of the Court and formally to declare the true nature and character thereof, and to denounce the same as null and void. It is the duty of the State in flagrant cases to so interpose its powers between its people and the effort of the Court to assert an unlawful dominion over them. This right of interposition, though not expressly referred to in the Constitution, arises out of the nature and character of that instrument and the government established by it, and exists of necessity.
The Constitution is in writing so that the powers granted to the Federal Government may be stated.
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No other reason exists for a written Constitution.
A government of unlimited power needs no written Constitution.
To prevent the Federal Government from thereafter claiming to possess powers not delegated to it; the first Congress submitted to the States for ratifi cation the Bill of Eights, the Tenth Amendment of which is in the following words:
"The powers not delegated to the United States by the Constitution, nor prohibited By it to the States, are reserved to the States respectively, or to the people."
The outer limits of the powers of the Judicial Department are set forth in the Third Article of the Constitution. The Supreme Court is a part of that Department. This article does not attempt to elevate the Judicial Department over and above any State of the Union or over and above the Legislative and Executive Departments of the Federal Government.
When the Supreme Court of the United States acts beyond the powers dele gated to it, it oversteps its authority.
Such acts cannot bind the States from whose people all its powers are derived.
We now reach the question as to the status of the decisions of the Supreme Court of the United States against the public schools.
By these decisions the separate school laws of those States affording each race its own schools were declared violative of the Constitution.
In these decisions the Court said "all provisions of Federal, State or local law" contrary to the decision "must yield."
The Court thus undertakes to overturn separate school laws of all the States providing segregated education.
The United States Constitution prevents any State from being sued by indi viduals in the Supreme Court or in any Federal Court without the State's con sent. For this reason, these decisions do not and cannot bind the State of Georgia.
Having no authority to entertain such a case against Georgia, the Supreme Court cannot bind this State by a judgment rendered in suits otherwise enter tained. Being without authority to bind the State of Georgia directly, the Court cannot by indirection attain the same result.
The Court was without jurisdiction in these cases for each of two plain and specific reasons: (1) The cases were suits against the States, and the
MONDAY, FEBRUARY 6, 1956
447
Constitution forbids the Court to try them. (2) The controversies were not "cases in law and in equity" and the jurisdiction of the Court is expressly limited to such cases.
In each of the school segregation suits the real defendant was the State but the truth is that this Court refuses to confine itself within limits set up by the Constitution.
The Constitution confines the Judicial Department to matters of a judicial nature and character. Before a suit can be entertained by any Federal Court it must be in law or in equity.
The great educational and social questions involved in the school segrega tion litigation do not relate to cases either at law or in equity.
A judicial controversy is not involved.
The controversy is a public one.
No court can determine it.
No system of law provides for the solution of such matters in judicial proceedings.
The Constitution of the United States provides no exception.
The truth is that the fundamental issue involved in this dispute is determinable only by the people themselves, speaking through their legislative bodies.
What then moved the Court to commit so grave an act of usurpation?
"Partisan politics" does not afford a complete answer.
The whole motivation may be found in pressure far more compelling. A close examination of what the Cburt has done discloses the true purpose to be nothing less than the destruction of the States.
The great body of the rights of free men are not embraced within the privileges and immunities of citizens of the United States. These rights are possessed in virtue of State citizenship alone, and it is to the State Government that the citizen looks for protection in respect of these rights.
This is admitted by the Supreme Court.
It was under the "equal protection of the laws" clause of the Fourteenth Amendment that the Court made these decisions under which it is claimed that the states have no authority to operate separate public schools.
The Court said such separate public school systems are violative of the
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following words of the Fourteenth Amendment: "No State shall . . . deny to any person within its jurisdiction the equal protection of the laws."
There is no provision in the Federal Constitution dealing with education or schools.
Not one word or syllable!
Education is one of the subjects reserved to the States.
There are no provisions in the Federal Constitution on the subject of race, except those in the Fifteenth Amendment which relate solely to voting.
Nor does the United States Constitution provide one way or another with respect to the subject which so-called do-gooders refer to in vague and general terms as the doctrine of the "equality of mankind."
By what process of reasoning then does the Court attempt to justify its conclusion?
Let the Court speak in its own words, which I read:
"To separate them (the colored children) from others (the white chil dren) of similar age and qualifications solely because of their race . . . generates a feeling of inferiority. ... A sense of inferiority affects the motivation of a child to learn. Segregation with the sanction of law, there fore, has a tendency to retard the educational and mental development of Negro children and to deprive them of some of the benefits they would receive in a racially integrated school system."
Such a conclusion is absurd on the face of it and insulting to the intelligence.
The decision of the Court does not rest upon any construction of the Con stitution. It does not rest upon in-equality of protection under the language of the separate school daws. It is based entirely upon the "inferiority complex" finding just quoted.
The Court concocted this ridiculous theory and then pronounced it a part of the Supreme Law of the Land. The dubious character of the several books on sociology and psychology cited by the Court is not here so important as that the Court sought to transmute socialistic theory into law.
Sociology and psychology are not exact sciences.
Their application to public education brings every phase of that subject under Federal jurisdiction. The laws respecting marriage and divorce likewise are subject to revision and review, upon allegations of unconstitutionality, by this new ruling of the Court.
And here, let all remember that central governments of general power are like the grave--they perpetually cry, give! give! And like the grave, they never return the liberties once taken.
MONDAY, FEBRUARY 6, 1956
449
The Court having exceeded its jurisdiction in the respects heretofore pointed out, these decisions are manifestly null and void, unless the Constitution gives the Court the power to determine the extent of its own authority.
The Court cannot be said to have the power to judge of its own authority when its entire authority is under the complete control and dominion of the Congress. Assertions that the Supreme Court can rightly do as it pleases have no basis in the Constitution.
This is not to say that the Supreme Court may not hold a law which is violative of the Constitution to be unconstitutional if it is necessary for the Court to determine this question in order to dispose of a case in law or equity legitimately before it for decision. The Constitution says nothing on this sub ject, but this power inheres in every Court when necessary to the exercise of its jurisdiction.
But the Court cannot overstep the Constitution.
Nor has the Court any power to say that the Constitution changes in meaning.
The interposition of authority against unlawful and unconstitutional actions of the Supreme Court peculiarly is within the province of the States.
The States alone are parties to the Constitution.
The Federal Government is no party thereto, but the creature thereof.
The States, by the compact of the Constitution, having created the Federal Government, have the right to pronounce as null and void the assertion of unlaw ful dominion by any of the departments thereof.
The fact that the Constitution does not refer to this right of the States is no evidence that it does not exist. The existence of the power is implicit in the nature and structure of our Government. It is among the reserved rights of the States.
Just as the Supreme Court may declare laws unconstitutional when such is necessary to exercise of the authority committed to it to try cases in law and equity, so the States may declare null and void any unlawful action of the Supreme Court which interferes with the exercise of their reserved rights.
Interposition is no new doctrine. It is one which has been recognized since the beginning and dealt with fully and supported by both Jefferson and Madison who certainly knew whereof they spoke.
Power is co-existence with duty. Each State necessarily possesses sufficient power to discharge the duty owed her citizens. Each State possesses the in herent power needed to discharge her governmental responsibilities.
Georgia has a right to operate and maintain a public school system utilizing
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such educational methods therein as in her judgment are conducive both to the welfare of those to be educated and the people of the State generally.
This is a governmental responsibility which lawfully she has assumed.
Her rights in this respect have not.been delegated to the central government, but on the contrary, she and the other States have reserved such matters to themselves by the Tenth Amendment.
Being possessed of this lawful right, she is clothed with power to repel every unlawful interference therewith.
The duty and responsibility of protecting life, property and the priceless possessions of freedom rest upon the Government of Georgia as relating to all those within her territorial limits. The State alone has this responsibility.
It would be vain for the State to be charged with the responsibility of pro tection of the fundamental rights of the people if she is powerless to declare
null and void an overstepping of authority by the Federal Judiciary.
The procedure of Interposition is woven throughout the whole fabric of our constitutional history.
This right has been asserted many times over the years by both Northern and Southern States under a wide variety of circumstances.
Ample precedent for its exercise exists in the constitutional history of our own State of Georgia.
We can be proud that she was one of the first States in the country to rise up against usurpation of her reserved sovereign powers.
On three occasions in the past the Georgia General Assembly has interposed successfully against unconstitutional decisions of the Supreme Court in which
the State of Georgia was involved.
The first interposition of Georgia resulted from the Chisholm case in which the State refused to appear because the Federal Supreme Court had no juris diction to entertain a suit by a private individual against the State without the State's consent.
The Court refused to obey the Constitution and held that Georgia and other States could be sued without their consent. The Eleventh Amendment resulted, and the Court so rebuked, ordered the Chisholm case and other such cases, swept
from its records.
Later Georgia again was compelled to interpose against the Court in order to save for the State that enormous portion of her territory occupied by the Cherokee Indian Tribes. This important part of our constitutional history ap pears in the famous cases of Worcester v. Georgia; Cherokee Nation v. Georgia and in the cases of Tassel and Graves.
MONDAY, FEBRUARY 6, 1956
451
In this great controversy with the Court, Georgia's interposition again was successful.
Constitutional history books are replete with numerous occasions where States have exercised the Rights of Interposition to protect their people against unconstitutional federal laws or court decrees.
Kentucky, Virginia, Pennsylvania, Connecticut, Massachusetts, Rhode Island, New Hampshire, Vermont, South Carolina, Wisconsin and Iowa, to name a ; few, have utilized the Doctrine of Interposition on one or more occasions. In doing so, they recited the very language expounded by Jefferson and Madison.
Invocation of this State's Right of Interposition is not a substitute for, nor does it take the place of, the plan formulated for going to private schools as a last resort to preserve segregation.
The private school plan is designed to provide segregated schools within the terms of the United States Supreme Court decision.
It is our first, last and only absolute remedy.
Interposition is the assertion of our rights in the hope of preventing a situa tion which would lead to the abandonment of the public school system. It is an appeal to reason.
I have gone into considerable detail so that it might appear clearly that the States have both the right and duty of Interposition against conduct on the part of the Supreme Court which is not authorized by the powers granted under the Constitution. I have demonstrated that the usurpation in the public school eases is palpable and deliberate. I have shown that the rule announced by the Court will destroy the States.
Under these circumstances it is certainly, as I see it, the duty of this General Assembly to declare these decisions to be null and void.
If by naked force alone the Federal Government unlawfully forces these decisions upon us, the legislation which you have enacted at this session will protect the social structure. And at the same time, it will enable the people of the State to care for the education of their children. Education can be provided by other than public schools. You have seen to that.
By denouncing these decisions as null and void, you declare what is true under the Supreme law of the land.
You vindicate the lawful power of the State.
And you make plain the right of Georgia to continue the operation of her public schools notwithstanding these decisions.
You do much more than that. As the representatives of the people, you place the State's power and prestige squarely in the fight to preserve an in destructible Union of indestructible States.
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For that is the issue raised by the Court. During our generation that issue will be determined, and upon its determination rests the future of the American people.
The Court by claiming its own supremacy asserts old doctrine dressed in new form. Absolutism is as old as tyranny. Louis XIV of France said "I am the State." The Stuart Kings of England announced that they ruled by Divine Right and that the King could do no wrong. But the genius of American insti tutions is that sovereign power resides in the people of the respective States.
We say with our fathers that no government, no governmental department, no court or other tribunal, has the right to dispose of the fundamental liberties of man. We believe that they derive from Almighty God. That when the great Creator of the universe breathed upon the dust and made an immortal Soul, he gave that man certain rights and freedoms beyond the power of government or any court, no matter how supreme.
It is unnecessary to catalog these immunities, but among them are the rights possessed by every man to have a home and rear a family, to choose his own associates, to rear his children according to his belief, to stand erect in the dignity of his personality and to maintain the pride of his inheritance.
The liberties of men never have lasted long under governments of total power. Freedom is a fragile flower and must be tended by the people with that close watchfulness which can be given only to governments close to home and responsive to the local will.
Upon the great issues of the day Georgia always has played the valiant part. Let no one be mistaken about this and upon this issue the State and her people firmly will stand.
Senator Overby of the 33rd moved that the joint session be now dissolved.
The motion prevailed and the president announced the joint session dissolved.
The senators returned to the Senate Chamber and the Senate was called to order by the president for the regular transaction of business.
HR 65. By Messrs. Groover of Bibb, Lavender of Elbert and others:
A resolution to authorize and direct the department heads of the various state departments to investigate and implement the recom mendations of the Joint Economy Committee; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 31, nays 0.
The resolution, having received the requisite constitutional majority, was passed.
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453
SB 89. By Senators Waters of the 41st and McDonald of the 43rd:
A bill to amend section 85-1604 of the 1933 code of Georgia relating to employment of land processioners so as to change the residence re quirements and qualifications of such processioners; and for other pur poses.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 93. By Senator Millican of the 52nd:
A bill to be known as the boiler safety act; to provide for the safety of life, limb and property, and to create a Board of Boiler Rules to serve without salary and to formulate and promulgate rules and regu lations for the safe construction, installation, inspection and repair of boilers; and for other purposes.
Senator Wilkins of the 44th moved that SB 93 be tabled.
On the motion to table, the ayes were 26, nays 10, and the motion prevailed.
HB 137. By Messrs. Potts and Stripling of Coweta:
A bill to prohibit the solicitation of votes by any means or method for any person or proposition or any election day within a specified dis tance of any voting place; and for other purposes.
The report 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 95. By Senators Hollis of the 24th, Steis of the 25th, and Jones of the 23rd:
A bill to add one additional judge of the superior courts of the Chattahoochee Circuit 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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SB 96. By Senators Harper of the 26th, Hollis of the 24th, Brooks of the 50th and others:
A bill to define and regulate the business of representing insurers other than those transacting life, health, accident, hospital, medical service and tital insurance and bail bonding by individual sureties; and for other purposes.
The Committee on Industry and Labor offered the following amendment:
Amend SB 96, page 3, section 1, paragraph G, first line--insert words "of a person" between words " 'business'" and "shall".
Page 3: Section 1, paragraph G, fifth line--substitute word "em ployer" for word "firm".
Page 3: Section 1, paragraph G, sixth line--substitute word "of" for word "or", between words "spouse" and "such".
Page 9: 2nd paragraph: section 8 (last paragraph of section)-- insert word "shall" between words "effect" and "not" in line 3.
Page 16, top paragraph, eighth line: section 19--insert word "hereby" between words "required" and "to".
Page 19, sixth line: Section 25--substitute "February 28, 1957" for "January 1, 1957".
Page 20: Section 32--substitute "Section 28" for "Section 29".
On the adoption of the amendment, the ayes were 30, 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.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 105. By Senator Ponsell of the 5th:
A bill to amend an act relating to the regulation of the installation of warm air heating equipment; to create a board to examine heating contractors; to provide for examinations, qualifications, examinations, and penalties for heating contractors; and for other purposes.
The report 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.
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455
SB 97. By Senator Hollis of the 24th:
A bill to provide for the registration of securities held by a corporate fiduciary in the name of the nominee of such fiduciary and for other purposes.
The report 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 Hollis of the 24th, Page of the 1st and Davis of the 42nd:
A bill to amend code sections relating to guardians and wards; and for other purposes.
Senator Hollis of the 24th offered the following amendment:
Amend SB 111 by adding a new section to read as follows:
"Section --_... This act shall become effective July 1, 1956", and by amending the caption accordingly.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 185. By Messrs. Groover of Bibb, Lavender of Elbert and others:
A bill to amend section 40-1101 of the code of Georgia, enumerating the duties of the State Treasurer so as to provide that he may pay out money on warrants countersigned by the Deputy Comptroller General; and for other purposes.
Senator Millican of the 52nd offered the following amendment:
Amend HB 185 as follows:
By adding in the title before the words "to repeal conflicting laws" the words "to provide for such Deputy Comptroller General".
By striking Section 2 of said bill in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. Section 40-1505 of the Code of Georgia, relating to particular duties of the Comptroller General is hereby amended by adding to the end of Subsection 2 thereof the following:
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'In the event the Comptroller General is sick or for other reason is absent from his office for three or more days, the Deputy Comptroller General provided for hereinafter shall examine, check and countersign said warrants during the absence of the Comp troller General. For such purposes the Comptroller General is hereby authorized and directed to designate one of his employees as Deputy Comptroller General.'
so that when amended, Subsection 2 of the Code Section 40-1505 shall read as follows:
"(2) To examine, check and countersign all warrants upon the treasury drawn by the Governor, President of the Senate, and Speaker of the House of Representatives, and charge the amount thereof to the funds on which they may be respectively drawn, previous to their being presented to the Treasurer for payment. In the event the Comptroller General is sick or for other reason is absent from his office for three or more days, the Deputy Comptroller General provided for hereinafter shall examine, check, and countersign said warrants during the absence of the Comp troller General. For such purposes the Comptroller General is hereby authorized and directed to designate one of his employees as Deputy Comptroller General."
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 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 100. By Mr. Underwood of Montgomery:
A bill to amend an act relating to the sale, purchase and use of drugs of the sulfanilamide or sulfonamide group manufactured for use in the control of livestock and poultry diseases; and for other purposes.
The report 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 103. By Messrs. Groover of Bibb and Twitty of Mitchell:
A bill to amend an act relating to concentrated commercial feeding stuffs, so as to redefine concentrated commercial feeding stuff; and for other purposes.
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457
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 1.
The bill, having received the requisite constitutional majority, was passed.
SB 112. By Senators Hollis of the 24th, Page of the 1st and Davis of the 42nd: A bill to amend code sections 113-1701, 113-1702, 113-1703, 113-1704; 113-1705, 113-1706; 113-1707, 113-1709, 113-1716 and 113-1725, as amended, relating to sales and conveyances by administrators; and for other purposes.
Senator Parker of the 20th offered the following amendment: Amend SB 112 by striking the words and figures "2 weeks"
wherever they appear therein and inserting in lieu thereof the words and figures "4 weeks". Strike Section 7 in its entirety and renumber sections.
The amendment was adopted.
Senator Hollis of the 24th offered the following amendment:
Amend SB 112 by adding a new section to read as follows:
"Section ....... This act shall become effective July 1, 1956," and by amending the caption accordingly.
The amendment was adopted.
Senator Hollis of the 24th offered the following amendment:
Amend SB 112 by striking section 10 and substituting the fol lowing :
"Section 10. Code Section 113-1725, relating to the sale of rights of way and easements, is hereby amended by striking said section in its entirety and in lieu thereof inserting the following:
"113-1725. An administrator, executor, or other trustee, may convey rights of way and easements upon, across, and/or under estate or trust property to the United States, the State of Georgia or any subdivision or department thereof, or to any person, firm or corporation having the right of eminent domain, at private sale for cash without procuring an order authorizing same and with out the necessity of subsequent confirmation, and such conveyance shall be binding upon the heirs at law, devises or cestuis que trustent and persons claiming through and under them. The pur chases of the right of way and easement shall not be responsible for the proper use or application of the proceeds."
The amendment was adopted.
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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.
SR 15. By Senators Wilkins of the 44th and McDonald of the 43rd:
A resolution to authorize the exchange of properties or interest therein in connection with the clearing of title property comprising Cloudland, Georgia; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 37, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following bill was taken up for the purpose of considering a Confer ence Committee Report:
SB 5. By Senator Overby of the 33rd:
A bill to authorize the state or any county, municipal corporation or other political subdivision thereof to sell, lease, grant, exchange or otherwise dispose of any property or interest therein comprising parks, playgrounds, golf courses, swimming pools, or other property which has been dedicated to a public use for any purpose, or which has been dedicated to such a use by any private person or corporation and later acquired by the State, or any county, municipal corporation or other political subdivision thereof; to define the terms, conditions, and the method of such disposal; to define what official shall have such right of disposal; to repeal conflicting laws; and for other purposes.
The report of the committee of conference was as follows: "Mr. President, Mr. Speaker: Your Joint Committee on Conference has met on SB 5 and agrees to the following report: Your Committee recommends:
MONDAY, FEBRUARY 6, 1956
459
That the Senate recede from its position in rejecting the House amendments.
On the part of the Senate: Matthews of the 41st Overby of the 33rd Clary of the 29th
On the part of the House Groover of Bibb Lavender of Elbert Hawkins of Sereven
Senator Millican of the 52nd moved that the Conference Committee report be adopted.
On the motion the ayes were 39, nays 0, and the report was adopted.
SB 77. By Senator Overby of the 33rd:
A bill to amend an act relating to the regulation of the installation of warm air heating 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Millican of the 52nd asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Judiciary, read the second time and recommitted:
SB 66. By Senator Millican of the 52nd:
A bill to amend the Georgia Industrial Loan Act so as to change the maximum rate of interest or charges that may be made; and for other purposes.
The consent was granted.
SB 114. By Senators Hollis of the 24th, Page of the 1st and Davis of the 42nd:
A bill to amend code sections 24-2001, 24-2101, 24-2102, 24-2104, relat ing to the court of ordinary and proceedings thereunder so as to pro vide that the ordinary shall be empowered to issue fi. fas. at any time after the costs become due; and for other purposes.
Senator Hollis of the 24th offered the following amendment:
Amend SB 114 by adding at the end of section 3 the following:
"Provided, however, such adjournment shall not extend for a period longer than 35 days."
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The amendment was adopted.
Senator Hollis of the 24th offered the following amendment:
Amend SB 114 by adding a new section to read as follows:
"Section _... This act shall become effective on July 1, 1956," and by amending the caption accordingly.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority was passed as amended.
SB 115. By Senators Hollis of the 24th, Page of the 1st and Davis of the 42nd:
A bill to provide for an adjudication of the identity of persons entitled to take property under the laws of descent and distribution of this state; to determine the quantity of interest of such 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 116. By Senators Hollis of the 24th, Page of the 1st and Davis of the 42nd:
A bill to amend code section 49-103 as amended by an act approved March 11, 1943 (Ga. Laws 1943, p. 396), relating to the appointment, bond and dismissal of a testamentary guardian, so as to provide that the ordinary may require bond and security of guardians appointed by the parent for his child; 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 117. By Senators Hollis of the 24th, Page of the 1st and Davis of the 42nd: A bill to amend code section 113-1505, relating to the notice to creditors
MONDAY, FEBRUARY 6, 1956
461
to render accounts, so as to change the advertisement requirement; to repeal conflicting laws; and for other purposes.
Senator Hollis of the 24th offered the following amendment: Amend SB 117 by striking "two" and substituting "four".
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 87. By Messrs. Sanders and Chambers of Richmond and Freeman of Monroe:
A bill to amend an act known as the "Juvenile Court Act", so as to
provide that it shall be unlawful for any juvenile court judge to act
as an attorney within the jurisdiction of his own court; and for other
purposes.
j
The Committee on Judiciary offered the following amendment:
Amend HB 87 by striking from the caption of said bill the language "in any manner or" and by adding the word "pending" so that now added caption shall read as follows:
AN ACT
To amend an Act known as the "Juvenile Court Act", approved February 19, 1951 (Ga. Laws 1951, Page 291), as amended, so as to provide that it shall be unlawful for any juvenile court judge to act as an attorney in any matter which is pending or has been within the jurisdiction of his own court, to repeal conflicting laws; and for other purposes.
By adding the word "pending jurisdiction" to Section 4A of said bill and by striking the language "or may arise" from Section 4A of said bill so that now said section shall read as follows:
"Section 4A. It shall be unlawful for the judge of any juve nile court to engage directly or indirectly in the practice of law in his own name, or in the name of another, as a partner or in any manner, in any cause, proceeding or matter of any kind, in his own court or in any other court in any cause, proceeding or any other matter of which his own court has pending jurisdiction or has had jurisdiction. It shall be unlawful for any juvenile court judge to give advice or counsel to any person on any matter of any kind whatsoever which has arisen directly or indirectly, in his own court, except such advice or counsel as he is called upon to give while performing his duties as juvenile court judge."
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On the adoption of the amendment, the ayes were 43, 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.
On the passage of the bill, the ayes were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 118. By Senator Harper of the 26th:
A bill to abolish city courts in all counties of this state having a popula tion of not more than 23,400 and not less than 22,700, according to the 1950 Federal Census, or any future such census having civil and criminal jurisdiction in such counties concurrent with the superior courts 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 121. By Senator Matthews of the 47th:
A bill to amend the act creating a board of commissioners of Colquitt County so as to authorize and empower Colquitt County by and through its board of commissioners to provide, construct and maintain in said county a system or systems of waterworks, sewerage, sanitation and fire protection; to provide for the issuance of revenue producing certifi cates for the financing 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.
SB 113. By Senators Hollis of the 24th, Page of the 1st and Davis of the 42nd:
A bill to amend code sections relating to wills and administration of estates as amended; to amend an act relating to accountings and returns of administrators, executors and guardians, and other fiduciaries; and for other purposes.
Senator Hollis of the 24th offered the following amendment:
Amend SB 113 by adding a new section to read as follows:
"Section ._.. This act shall be effective July 1, 1956, except
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463
that sections 1, 2 and 3 shall be effective as to the wills of all per sons dying after the date of approval of this act", and by amending the caption accordingly.
The amendment was adopted.
Senator Hollis of the 24th offered the following amendment:
Amend SB 113 by adding a new section to read as follows:
"Section ._.._.. Code section 113-1518, relating to legal invest ments of guardians, administrators, executors and trustees, is here by amended by adding a new paragraph at the end thereof to read as follows:
"Executors, administrators, guardians, and trustees are author ized, unless otherwise provided in the fiduciary instrument, to re tain the property owned by the estate, ward, or cestuis que trust, even though such property may not otherwise be a legal investment, and shall not be liable for such retention, except for gross neglect. In the case of corporate securities they may likewise retain the securities into which the securities originally received may be con verted or which may be derived therefrom as a result of merger, consolidation, stock dividends and splits, liquidation, and similar procedures," and to amend the caption accordingly.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 104. By Senator Hollis of the 24th:
A bill to repeal an act to require registration of guests under their true names at tourist camps or like places by whatever name called; to pro vide for violation 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.
Senator Overby of the 33rd moved that the Senate do now adjourn until 10:00 o'clock tomorrow morning and the motion prevailed.
The president announced the Senate adjourned until 10:00 o'clock tomorrow morning.
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Senate Chamber, Atlanta, Georgia, Tuesday, February 7, 1956.
The Senate met pursuant to adjournment at 10:00 o'clock this morning and was called to order by the president.
Scripture reading and prayer was offered by the chaplain.
By unanimous consent the call of the roll was dispensed with.
Senator Neel of the 7th 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 Overby of the 33rd 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. Eeports 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.
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 152. By Messrs. Duke and Massee of Baldwin: A bill to amend an act so as to change the corporate limits of the City of Milledgeville, and for other purposes.
HB 153. By Messrs. Duke and Massee of Baldwin:
A bill to amend an act so as to change the corporate limits of the City of Milledgeville, and for other purposes.
HB 168. By Messrs. Lavender of Elbert, Matheson of Hart and others:
A bill to change the terms of the Superior Courts of the counties of the Northern Judicial Circuit, and for other purposes.
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465
HB 207. By Messrs. Groover of Bibb, Chastain of Thomas and others:
A bill to provide for a physical examination as a prerequisite for em ployment by the State; and for other purposes.
HB 208. By Messrs. Lanier of Candler and Freeman of Monroe:
A bill to provide bonded certified public weighers at tobacco warehouses and livestock auction barns, and for other purposes.
HB 266. By Mr. Groover of Bibb:
A bill to provide for the partial abatement of the gross premium tax levied against insurance companies, and for other purposes.
HB 267. By Messrs. Moate of Hancock and Groover of Bibb:
A bill to require that all common carriers of passengers for hire in intrastate travel shall provide separate accommodations for white and colored passengers in waiting rooms, and for other purposes.
HB 268. By Messrs. Moate of Hancock and Groover of Bibb: A bill to require that all persons traveling in intrastate travel occupy only waiting rooms marked and provided for such persons, and for other purposes.
HB 285. By Mr. Dozier of Miller: A bill to amend an act providing for the use of voting machines in Miller County, and for other purposes.
HB 313. By Messrs. Cowart of Calhoun, Phillips of Walton and others: A bill to repeal an Act relating to fishing on Sunday, and for other purposes.
HB 327. By Mr. Harrison of Wayne: A bill to amend an act providing for retirement benefits for ordinaries of Georgia, and for other purposes.
HB 333. By Mr. Watson of Dougherty:
A bill to amend an act known as the Intangible Property Tax Act, and for other purposes.
HB 336. By Messrs. Sanders, Chambers and Holley of Richmond:
A bill to provide for subsistence allowances to peace officers for pur poses of federal income taxation, and for other purposes.
HB 355. By Mr. Strickland of Toombs:
A bill to amend an act relating to the compensation of surveyor and laborers for surveying disputed county lines, and for other purposes.
466
JOURNAL OP THE SENATE,
HB 359. By Messrs. Fowler of Douglas, Moate of Hancock and Groover of Bibb:
A bill to permit a sheriff of any county to delegate to the tax collector the power and authority to levy and conduct judicial sales, and for other purposes.
HB 365. By Mr. Fowler of Douglas:
A bill to permit the sheriffs of certain counties to delegate to the tax collector the power to levy and conduct judicial sales, and for other purposes.
HB 371. By Messrs. Mathis and Register of Lowndes:
A bill to provide for the use of voting machines in Lowndes County, and for other purposes.
HB 373. By Mr. Kennedy of Tattnall:
A bill to amend an act establishing the City Court of Reidsville so as to provide for payment of the insolvent cost of said court, and for other purposes.
HB 378.By Messrs. Chambers, Holley and Sanders of Richmond:
A bill to authorize the Ordinaries of certain counties to maintain micro film records of the official organ of the county, and for other purposes.
HB 381. By Messrs. Watson and Denson of Dougherty:
A bill to amend an act to provide for fire protection districts in Dough erty County, and for other purposes.
HB 385. By Mr. Sanders of Richmond:
A bill to amend an act providing for the continued existence of the public school system of the County of Richmond, and for other purposes.
HB 386. By Messrs. Sognier, Cheatham and Eyler of Chatham and others:
A bill to amend an act pertaining to the attendance of witnesses and the fees therefor, and for other purposes.
HB 391. By Mr. Jones of Lumpkin:
A bill to provide for the terms of court of the Superior Court of Lumpkin County, and for other purposes.
HB 392. By Mr. Russell of Barrow:
A bill creating a Board of Commissioners of Roads and Revenues for Barrow County, and for other purposes.
HB 399. By Messrs. Foster and Blalock of Clayton:
A bill to amend an act creating a three member Board of Commissioners of Roads and Revenues of Clayton County, and for other purposes.
TUESDAY, FEBRUARY 7, 1956
467
HB 403. By Mr. Ramsey of Effingham:
A bill to amend an act incorporating the Town of Rincon, and for other purposes.
HB 404. By Mr. Phillips of Walton:
A bill to amend an act creating a new charter for the City of Monroe, and for other purposes.
HB 405. By Mr. Souter of Macon:
A bill to amend an act incorporating the Town of Ideal, and for other purposes.
HB 406. By Mr. Harrell of Grady:
A bill to amend an act incorporating the City of Cairo, and for other purposes.
HB 410. By Mr. Fowler of Douglas:
A bill to authorize Douglas County to create and establish restricted zones or districts, and for other purposes.
HB 411. By Mr. Jones of Lumpkin:
A bill to amend an act consolidating the office of Tax Receiver and Tax Collector of Lumpkin County into the office of Tax Commissioner, and for other purposes.
HB 366. By Messrs. Hall of Floyd, Moate of Hancock and others:
A bill to be entitled an act to amend an act establishing a retirement system for certain teachers, and for other purposes.
HB 415. By Mr. Bagby of Paulding:
A bill to be entitled an act to amend, consolidate, and supersede the several acts iricorporating the town of Hiram, and for other purposes.
HB 417. By Messrs. Sognier, Cheatham and Eyler of Chatham:
A bill to be entitled an act to amend the charter of the Mayor and Aldermen of the city of Savannah, and for other purposes.
HB 419. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A bill to be entitled an act to fix the salary of the Sheriff of Fulton County, and for other purposes.
HB 420. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A bill to be entitled an act to amend an act to provide for the retirement of the Judges and the Solicitor-General of the criminal court of Fulton County, and for other purposes.
468
JOURNAL OF THE SENATE,
HB 421. By Messrs. H. Smith, M. Smith and Lokey of Pulton:
A bill to be entitled an Act to amend an Act entitled an Act to fix the compensation of Commissioners of Roads and Revenues in certain counties, and for other purposes.
HB 427. By Messrs. Sanders, Chambers and Holley of Richmond:
A bill to be entitled an act to provide for the appointment of a special trial assistant in the office of the Solicitor-General in counties having a certain population, and for other purposes.
HB 429. By Mr. Harrison of Wayne:
A bill to be entitled an act to ratify the action of the Mayor and Council of the city of Jesup, and for other purposes.
HR 12. By Mr. Odom of Camden:
A resolution authorizing the Governor to convey certain State property in Camden County, and for other purposes.
HR 13. By Mr. Odom of Camden:
A resolution ratifying an easement granted by the State of Georgia to the Okefenokee Rural Electric Membership Corporation, and for other purposes.
HR 52. By Messrs. Matthews and Stephens of Clarke:
A resolution authorizing and directing the State Librarian to furnish certain law books to the Ordinary of Clarke County, and for other purposes.
HR 53. By Mr. Fowler of Douglas:
A resolution authorizing and directing the State Librarian to furnish certain law books to Douglas County; and for other purposes.
HR 67. By Mr. Cowart of Calhoun:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Clerk of the Superior Court of Calhoun County, and for other purposes.
HR 96. By Messrs. Bodenhamer and Fowler of Tift:
A resolution to relieve J. T. Bruce, J. C. Barfield and H. H. Gill as sure ties, and for other purposes.
HR 102. By Mr. McCracken of Jefferson:
A resolution to reimburse W. E. Sheppard for damage to his car caused by the Georgia Highway Dept., and for other purposes.
TUESDAY, FEBRUARY 7, 1956
469
HR 142. By Messrs. Poster and Blalock of Clayton:
A resolution authorizing the State Librarian to furnish to the Superior Court of Clayton County certain law books, and for other purposes.
SB 76. By Senator Coffin of the llth:
A bill to be entitled an act to amend the charter of the City of Dawson, and for other purposes.
SB 82. By Senator Page of the 1st:
A bill to be entitled an act to create a Civil Service System for Chatham County, and for other purposes.
The House has passed, as amended, by the requisite constitutional majority the following bills of the Senate, to-wit:
SB 65. By Senators Millican of the 52nd and Turner of the 34th:
A bill to be entitled an act to amend an act known as the Voters' Regis tration Act; to provide for places of registration of voters in certain counties, and for other purposes.
SB 46. By Senator Matthews of the 47th:
A bill to be entitled an act to regulate the sale of brake fluid; and for other purposes.
The following bills were introduced, read the first time and referred to committees:
SB 135. By Senator Overby of the 33rd:
A bill to repeal Section 84-1422 of 1933 Code of Georgia relative to non resident real estate brokers and agents; and for other purposes.
Referred to the Committee on Judiciary.
SB 136. By Senator Parker of the 20th:
A bill providing a method by which employees of certain hospitals and institutions may obtain goods and services; and for other purposes.
Referred to the Committee on Health and Welfare.
SB 137. By Senator Lovett of the 16th:
A bill to amend the act creating a new charter for the City of Dublin so as to provide that the ad valorem tax levy for the support and main tenance of the city schools shall be seven and one-half mills; and for other purposes.
Referred to the Committee on County and Municipal Governments.
470
JOURNAL OF THE SENATE,
SB 138. By Senator Lovett of the 16th:
A bill to provide that the Ordinary of Laurens County, Georgia, shall have a supplemental salary in addition to the fees and other compen sation to which he is now entitled; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 139. By Senator Overby of the 33rd:
A bill to define debt adjusting; to make it unlawful for any person to engage in the business of debt adjusting; and for other purposes.
Referred to the Committee on Judiciary.
SB 140. By Senator Matthews of the 47th:
A bill to provide that the compensation of the Sheriff, the Clerk of the Superior Court and the Ordinary of Colquitt County shall be on a salary basis and to provide their compensation; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 141. By Senator Millican of the 52nd:
A bill to amend the act establishing a new charter for the City of At lanta so as to create the office of "Comptroller" for the Board of Edu cation; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB, 142. By Senator Millican of the 62nd:
A bill to amend an act providing that cities having a population of more than 150,000 by the United States census of 1920 or any subsequent census shall furnish pensions to all officers and employees of such cities who have served twenty-five years so as to provide that former members of the pension fund who have heretofore retired for the purpose of reentering the employe of any other political subdivision of Georgia having a pension fund of its own and requiring contributions from employees, shall be entitled to receive from the Board of Trustees all sums con tributed by such employee or by the City to match the contribution of such employee or accumulated as a reserve matching fund or contribu tion from any other source; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 143. By Senator Overby of the 33rd:
A bill to amend Section 89-420 of the 1933 Code of Georgia so as to provide for the venue of actions on official bonds; to provide for the intervention of such officials; and for other purposes.
Referred to the Committee on Judiciary.
SB 144. By Senator Page of the 1st:
A bill to implement the provisions of the act known as the "Savannah District Authority Act" so as to confirm the powers heretofore granted
TUESDAY, FEBRUARY 7, 1956
471
to said authorities and granting to said Authority additional power; and for additional purposes.
Referred to the Committee on County and Municipal Governments.
SR 41. By Senator Millican of the 52nd:
A resolution to authorize and direct the Director of the Department of Public Safety to make a study and report his findings as to the recom mendation of the Joint Economy Committee.
Referred to Committee on Finance.
SR 42. By Senator Millican of the 52nd:
A resolution proposing an amendment to the constitution authorizing the City of Atlanta to incur indebtedness for school purposes; and for other purposes.
Referred to Committee on County and Municipal Governments.
SR 43. By Senator Millican of the 52nd: A resolution to compensate Mr. John A. Wilding for damages.
Referred to Committee on Appropriations.
SR 44. By Senator McDonald of the 43rd:
A resolution to provide for the appointment of a commission of five members, one to be appointed by the president of the Senate, to investi gate the business of consumer financing of personal property, and for other purposes.
Referred to Committee on Judiciary.
HB 152. By Messrs. Duke and Massee of Baldwin:
A bill to amend an act so as to change the corporate limits of the City of Milledgeville; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 153. By Messrs. Duke and Massee of Baldwin:
A bill to amend an act so as to change the corporate limits of the City of Milledgeville; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 168. By Messrs. Lavender of Elbert, Matheson of Hart and others:
A bill to change the terms of the Superior Courts of the counties of the Northern Judicial Circuit; and for other purposes.
Referred to Committee on Judiciary.
472
JOURNAL OF THE SENATE,
HB 207. By Messrs. Groover of Bibb, Chastain of Thomas and others:
A bill to provide for a physical examination as a prerequisite for em ployment by the state; and for other purposes.
Referred to Committee on Industry and Labor.
HB 208. By Messrs. Lanier of Candler and Freeman of Monroe:
A bill to provide bonded certified public weighers at tobacco warehouses and livestock auction barns; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 266. By Mr. Groover of Bibb:
A bill to provide for the partial abatement of the gross premium tax levied against insurance companies; and for other purposes.
Referred to Committee on Industry and Labor.
HB 267. By Messrs. Moate of Hancock and Groover of Bibb:
A bill to require that all common carriers of passengers for hire in intrastate travel shall provide separate accommodations for white and colored passengers in waiting rooms; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
HB 268. By Messrs. Moate of Hancock and Groover of Bibb:
A bill to require that all persons traveling in intrastate travel occupy only waiting rooms marked and provided for such persons; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
HB 285. By Mr. Dozier of Miller:
A bill to amend an act providing for the use of voting machines in Miller County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 313. By Messrs. Cowart of Calhoun, Phillips of Walton and others:
A bill to repeal an act relating to fishing on Sunday; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 327. By Mr. Harrison of Wayne:
A bill to amend an act providing for retirement benefits for ordinaries of Georgia; and for other purposes.
Referred to Committee on Judiciary.
TUESDAY, FEBRUARY 7, 1956
473
HB 333- By Mr. Watson of Dougherty:
A bill to amend an act known as the Intangible Property Tax Act; and for other purposes.
Referred to Committee on Finance.
HB 336. By Messrs. Sanders, Chambers and Holley of Richmond:
A bill to provide for subsistence allowances to peace officers for pur poses of federal income taxation; and for other purposes.
Referred to Committee on Judiciary.
HB 355. By Mr. Strickland of Toombs:
A bill to amend an act relating to the compensation of surveyor and laborers for surveying disputed county lines; and for other purposes.
Referred to Committee on Judiciary.
HB 359. By Messrs. Fowler of Douglas, Moate of Hancock and Groover of Bibb:
A bill to permit a sheriff of any county to delegate to the tax collector the power and authority to levy and conduct judicial sales; and for other purposes.
Referred to Committee on Judiciary.
HB 365. By Mr. Fowler of Douglas:
A bill to permit the sheriffs of certain counties to delegate to the tax collector the power to levy and conduct judicial sales; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 371. By Messrs. Mathis and Register of Lowndes:
A bill to provide for the use of voting machines in Lowndes County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 373. By Mr. Kennedy of Tattnall:
A bill to amend an act establishing the city court of Reidsville so as to provide for payment of the insolvent cost of said court; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 378. By Messrs. Chambers, Holley and Sanders of Richmond:
A bill to authorize the Ordinaries of certain counties to maintain micro film records of the official organ of the county; and for other purposes.
Referred to Committee on Judiciary.
474
JOURNAL OP THE SENATE,
HB 381. By Messrs. Watson and Denson of Dougherty:
A bill to amend an act to provide for fire protection districts in Dough erty County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 385. By Mr. Sanders of Richmond:
A bill to amend an act providing for the continued existence of the public school system of the county of Richmond; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 386. By Messrs. Sognier, Cheatham and Eyler of Chatham and others:
A bill to amend an act pertaining to the attendance of witnesses and the fees therefor; and for other purposes.
Referred to Committee on Judiciary.
HB 391. By Mr. Jones of Lumpkin:
A bill to provide for the terms of court of the Superior Court of Lumpkin County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 392. By Mr. Russell of Barrow:
A bill creating a Board of Commissioners of Roads and Revenues for Barrow County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 399. By Messrs. Foster and Blalock of Clayton:
A bill to amend an act creating a three member Board of Commissioners of Roads and Revenues of Clayton County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 403. By Mr. Ramsey of Effingham:
A bill to amend an act incorporating the Town of Rincon; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 404. By Mr. Phillips of Walton:
A bill to amend an act creating a new charter for the City of Monroe; and for other purposes.
Referred to Committee on County and Municipal Governments.
TUESDAY, FEBRUARY 7, 1956
475
HB 405. By Mr. Souter of Macon:
A bill to amend an act incorporating the Town of Ideal; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 406. By Mr. Harrell of Grady:
A bill to amend an act incorporating the City of Cairo; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 410. By Mr. Fowler of Douglas:
A bill to authorize Douglas County to create and establish restricted zones or districts; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 411. By Mr. Jones of Lumpkin:
A bill to amend an act consolidating the office of tax receiver and tax collector of Lumpkin County into the office of tax commissioner; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 366. By Messrs. Hall of Floyd, Moate of Hancock and others:
A bill to amend an act establishing a retirement system for certain teachers; and for other purposes.
Referred to Committee on Educational Matters.
HB 415. By Mr. Bagby of Paulding:
A bill to amend, consolidate and supersede the several acts incorporating the Town of Hiram; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 417. By Messrs. Sognier, Cheatham and Eyler 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 County and Municipal Governments.
HB 419. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A bill to fix the salary of the sheriff of Fulton County; and for other purposes.
Referred to Committee on County and Municipal Governments.
476
JOURNAL OF THE SENATE,
HB 420. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A bill to amend an act to provide for the retirement of the judges and the solicitor-general of the criminal court of Fulton County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 421. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A bill to amend an act entitled an act to fix the compensation of com missioners of roads and revenues in certain counties; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 427. By Messrs. Sanders, Chambers and Holley of Richmond:
A bill to provide for the appointment of a special trial assistant in the office of the solicitor-general in counties having a certain population; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 429. By Mr. Harrison of Wayne:
A bill to ratify the action of the mayor and council of the City of Jesup; and for other purposes.
Referred to Committee on County and Municipal Governments.
HR 12. By Mr. Odom of Camden:
A resolution authorizing the Governor to convey certain state property to Camden County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HR 13. By Mr. Odom of Camden:
A resolution ratifying an easement granted by the state of Georgia to the Okefenokee Rural Electric Membership Corporation; and for other purposes.
Referred to Committee on Judiciary.
HR 52. By Messrs. Matthews and Stephens of Clarke:
A resolution authorizing and directing the state librarian to furnish certain law books to the ordinary of Clarke County; and for other pur poses. Referred to Committee on County and Municipal Governments.
HR 53. By Mr. Fowler of Douglas:
A resolution authorizing and directing the state librarian to furnish certain law books to Douglas County; and for other purposes.
Referred to Committee on County and Municipal Governments.
TUESDAY, FEBRUARY 7, 1956
477
HR 67. By Mr. Cowart of Calhoun:
A resolution authorizing and directing the state librarian to furnish certain law books to the clerk of the superior court of Calhbun County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HR 96. By Messrs. Bodenhamer and Fowler of Tift:
A resolution to relieve J. T. Bruce, J. C. Barfield and H. H. Gill as sureties; and for other purposes.
Referred to Committee on County and Municipal Governments.
HR 102. By Mr. McCracken of Jefferson:
A resolution to reimburse W. E. Sheppard for damage to his car caused by the Georgia Highway Department; and for other purposes.
Referred to Committee on Appropriations.
HR 142. By Messrs. Foster and Blalock of Clayton:
A resolution authorizing the state librarian to furnish to the superior court of Clayton County certain law books; and for other purposes.
Referred to Committee on County and Municipal Governments.
Mr. Lovett of the 16th District, Chairman of the Committee on Appropri ations, submitted the following report: Mr. President:
Your Committee on Appropriations have had under consideration the fol lowing resolutions of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HR 19. Do Pass. HR 46. Do Pass. HR 66. Do Pass. HR 89. Do Pass. HR 88. Do Pass. HR 80. Do Pass. HR 95. Do Pass. HR 93. Do Pass.
Respectfully submitted, Lovett of 16th District, Chairman.
Mr. McDonald of the 43rd District, Chairman of the Committee on Educa tional Matters, submitted the following report:
478
JOURNAL OF THE SENATE,
Mr. President: Your Committee on Educational Matters have had under consideration the
following bills of the Senate and House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 48. Do Pass.
HB 8. Do Not Pass. HB 9. Do Not Pass.
Eespectfully submitted, McDonald of 43rd District, Chairman.
Mr. President, the Chairman of the Committee on Rules, submitted the fol lowing report:
Mr. President:
Your Committee on Rules have had under consideration the following bills of the Senate and House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 133. Do Pass.
HB 192. Do Pass, by substitute.
Respectfully submitted,
S. Ernest Vandiver
Chairman.
Mr. Turner of the 34th District, Chairman of the Committee on County and Municipal Government submitted the following report:
Mr. President:
Your Committee on County and Municipal Government have had under con sideration the following bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendation:
HB 368. Do Pass.
Respectfully submitted,
Turner of 34th District,
Chairman.
Mr. Hollis of the 24th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bill
TUESDAY, FEBRUARY 7, 1956
479
of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
SB 132. Do Pass.
Respectfully submitted, Hollis of 24th District,
Chairman.
Mr. Brooks of the 50th District, Chairman of the Committee on Senate Ad ministrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs 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:
SR 15.
SR 32
SR 33.
SR 36.
SB 77.
SB 89.
SB 95.
SB 96.
SB 97.
SB 104.
SB 105.
SB 109.
SB 111.
SB 112.
SB 113.
SB 114.
SB 115.
SB 116.
SB 117.
SB 118.
SB 121.
Respectfully submitted,
Brooks of the 50th District,
Chairman.
480
JOURNAL OP THE SENATE,
Mr. Brooks of the 50th District, Chairman of the Committee on Senate Ad ministrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs 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 Governor.
SB 5.
SB 9. SB 20. SB 24. SB 26. SB 22. SB 27. SB 43. SB 59.
Respectfully submitted,
Brooks of the 50th District,
Chairman.
The following bills, favorably reported by the committees, were read the second time:
SB 132. By Senator Blalock of the 36th:
A bill to amend the act establishing a city court of Newnan so as to fix the salary of the judge of said court; and for other purposes.
SB 133. By Senators Millican of the 52nd, Lovett of the 16th and Hollis of the 24th:
A bill to amend the act creating a Department of Public Safety for Georgia by changing the duties of the Georgia State Patrol so that the patrol is required to devote its time mainly to patrolling the roads, con trolling traffic, and related matters and not to aid local law enforcement in other matters unless specifically authorized and directed to do so by the Director of Public Safety; and for other purposes.
HB 192. By Mr. Groover of Bibb and others:
A bill to amend an act providing a uniform method of fixing, limiting and restricting the salaries, allowances and travel expenses of certain state officials, so as to provide that additional compensation for board membership shall not be authorized unless the act or resolution creating same shall specifically provide for such additional compensation; and for other purposes.
TUESDAY, FEBRUARY 7, 1956
481
HB 368. By Mr. Todd of Glascock:
A bill to consolidate the offices of tax receiver and tax collector of Glas cock County in the office of tax commissioner of Glascock County; and for other purposes.
HR 19. By Mr. Green of Rabun:
A resolution to compensate Mr. Carlton Coleman and Mrs. Evelyn Law Thomas of Rabun County, for damages to their automobile; and for other purposes.
HR 46. By Mr. Lowe of Oglethorpe: A resolution to compensate W. W. Armistead; and for other purposes.
HR 66. By Mr. Cornelius of Polk and others:
A resolution to compensate George B. Stoffragen for damages to his 1955 Chevrolet automobile as a result of a collision with a truck owned and operated by the State Highway Department; and for other purposes.
HR 80. By Mr. Callier of Talbot:
A resolution authorizing payment for damages to Mr. Lincoln Fortune to a fish truck owned by Mr. Lincoln Fortune; and for other purposes.
HR 88. By Mr. Kelley of Gwinnett and others: A resolution compensating Ernest and Dorothy Brooks for damages; and for other purposes.
HR 89. By Mr. Kelley of Gwinnett and others: A resolution to compensate Mr. George H. Verner, Mr. Arthur E. Verner and Miss Anne E. Verner; and for other purposes.
HR 93. By Mr. Peacock of Dodge: A resolution to compensate Hal S. Martin for damages inflicted upon his automobile; and for other purposes.
HR 95. By Mr. Barber of Jackson: A resolution to compensate the Jackson Electric Membership Coopera tive for damages to electric transmission lines; and for other purposes.
The following uncontested local bill was read the third time and put upon its passage:
SB 122. By Senator Hollis of the 24th:
A bill to amend the charter of the City of Columbus in the County of Muscogee; and for other purposes.
Senator Hollis of the 24th offered the following amendment:
482
JOURNAL OF THE SENATE,
Amend SB 122 by striking in section 4 the words "as Muscogee County voters" and substitute therefor "to vote in the general election to be held in November, 1956."
And by adding at the end of Section 7 the following:
"Persons registered prior to May 5, 1956, shall be qualified to vote in said election."
On the adoption of the amendment, the ayes were 38, nays 0, and the amend ment 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.
The following general bills and resolutions were read the third time and put upon their passage:
SR 34. By Senator Millican of the 52nd:
A resolution creating a committee to study the advisability of (1) con forming the Georgia Income Tax Laws as nearly as practicable to the Federal Income Tax Law with respect to the determination and classi fication of a taxable net income, and (2) of providing for a State Income Tax withholding system; and for other purposes.
Senator Clary of the 29th moved that SR 34 be indefinitely postponed.
On the motion, the ayes were 12, nays 32, and the motion was lost.
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 15.
The resolution, having received the requisite constitutional majority, was passed.
SB 48. By Senator Matthews of the 47th:
A bill to amend an act establishing a retirement system for certain teachers in the public and state supported schools (Ga. Laws 1943, p. 640), so as to remove the provision relative to receiving the equivalent of a service retirement allowance if a member has 35 years of service; to change the date of the computation of the accrued liability contribu tion rate; and for other purposes.
TUESDAY, FEBRUARY 7, 1956
483
The report 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.
Senator Ponsell of the 5th asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Judiciary, read the second time, and recommitted:
SB 79. By Senators Ponsell of the 5th, Dean of the 40th, Raulerson of the 46th and others:
A bill to amend code section 47-102 of the 1933 code of Georgia relating to senatorial districts so as to rearrange and change the senatorial dis tricts; and for other purposes.
The consent was granted.
The following bill of the Senate was taken up for the purpose of considering a report of a committee of conference:
SB 19. By Senators Matthews of the 47th and Dean of the 40th:
A bill to authorize the Commissioner of Agriculture to establish farmer's markets in this state; to authorize the Commissioner of Agriculture to make necessary rules and regulations to properly conduct such markets; and for other purposes.
The report of the committee of conference was as follows:
Mr. President, Mr. Speaker:
We, the undersigned, Members of Conference Committee on SB 19 have agreed to following conference amendment:
"Ripe peaches, cantaloupes, tomatoes and, etc., shall not be classed as cull produce when sold in Georgia for local consumption."
/s/ W. K. Dean /s/ Dorsey Matthews of 47th /s/ W. B. Morrison /s/ Wm. J. Wilson /s/ Howard Fowler /s/ Frank M. Gates
Senator Dean of the 40th moved that the report of the committee of con ference be adopted.
On the adoption of the report of the committee of conference, the ayes were 36, nays 0, and the report was adopted.
484
JOURNAL OF THE SENATE,
HB 286. By Mr. Greene of Crisp:
A bill to amend an act comprehensively and exhaustively superseding and revising the laws relating to the Game and Fish Commission and to 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 35, nays 1.
The bill, having received the requisite constitutional majority, was passed.
HR 3. By Mr. Groover of Bibb and others:
A resolution authorizing compensation to Horace Evans, ST., by the Department of Public Safety; 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:
Ayers Blalock Chance Clary Coffin Dews Dykes Florence Garrett Harper Housley Jones, 38th
Jones, 18th Lambert Mann Matthews McBride Millican Morrison Neel Page Paulk Ponsell Raulerson
Richardson Ricketson Roop Shurling Strickland Toms Turner Waters Wetherington Wilkins Wood 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.
The resolution, having received the requisite constitutional majority, was adopted.
HR 11. By Mr. Duke of Baldwin:
A resolution to compensate Felton Smallwood by the Welfare Depart ment; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
TUESDAY, FEBRUARY 7, 1956
485
The resolution, involving an appropriation, a roll call was ordered and the vote was as follows:
Those voting in the affirmative were Senators:
Ayers Blalock Chance Clary Coffin Dews Dykes Florence Garrett Harper Housley Jones, 38th
Jones, 18th Lambert Mann Matthews McBride Millican Morrison Neel Page Paulk Ponsell Raulerson
Richardson Ricketson Roop
Shurling Strickland Toms Turner Waters Wetherington Wilkins Wood 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.
The resolution, having received the requisite constitutional majority, was adopted.
HR 54. By Mr. Bolton of Spalding and others:
A resolution compensating A. C. Bennett and Mamie Bennett; 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:
Ayers Blalock Chance Clary Coffin Dews Dykes Florence Garrett Harper Housley Jones, 38th
Jones, 18th Lambert Mann Matthews McBride Millican Morrison Neel Page Paulk Ponsell Raulerson
Richardson Ricketson Roop Shurling Strickland Toms Turner Waters Wetherington Wilkins Wood 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.
486
JOURNAL OP THE SENATE,
The resolution, having received the requisite constitutional majority, was adopted.
Senator Steis of the 25th asked unanimous consent that HR 3, HR 11 and HR 54 be immediately transmitted to the House and the consent was granted.
HB 110. By Mr. Cheatham of Chatham and others:
A bill to amend an act entitled "an act to authorize and empower county boards of education to condemn private property for public school purposes or to be used in connection with the public educational program of the county.
The report 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 Matthews of the 47th moved that the Senate agree to the House amendment to the following bill of the Senate:
SB 46. By Senator Matthews of the 47th:
A bill to regulate the sale of brake fluid; to provide a minimum standard and specification for brake fluid; and for other purposes.
The House amendment was as follows:
By Mr. Freeman of Monroe:
Amend SB 46 (to regulate sale of brake fluid) by striking out the words "Commissioner of Agriculture" and inserting in lieu thereof "State Revenue Commissioner" where they appear in this bill as follows:
Section 1 (b)
Section 5
Section 6
Section 11
and by striking out Section 9 in its entirety and renumbering the following sections accordingly.
On the motion, the ayes were 36, nays 0, and the amendment was adopted.
HB 106. By Mr. Groover of Bibb:
A bill to amend an act relating to the sale of commercial feed and feed ing stuffs sold in this state; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
TUESDAY, FEBRUARY 7, 1956
487
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SR 19. By Senators Clary of the 29th, Jones of the 18th and Ursrey of the 54th:
A resolution requesting Congress to return agricultural technicians pro vided under the "Point Four" program; 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 23, nays 7.
The resolution, having failed to receive the requisite constitutional majority, was lost.
SB 101. By Senators Harden of the 27th and Coffin of the llth:
A bill to create the Georgia Board of Landscape Architects; to provide for the regulation and licensing of landscape architects; to provide for fees; to provide for examinations; to provide for penalties; to provide for exceptions; to prescribe the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes.
Senator Neel of the 7th offered the following amendment:
Amend SB 101 by striking in line 6 after the word advertisement the following:
"or in any other manner that would imply or indicate that he is a landscape architect as defined in 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, 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:
Ayers Blalock Chance Coffin
Davis Dews Garrett Harden Harper Harrison Hollis
Housley
Jones, 38th
Kelly
Lambert
McBride
McDonald
Millican
Morrison
Neel
Overby
Page
Paulk Richardson Roop Steis
Strickland Toms Turner Waters Wood
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JOURNAL OF THE SENATE,
Those voting in the negative were Senators:
Clary Florence Jones, 23rd
Lovett Mann
Matthews Ponsell Raulerson
Ricketson Seagraves
Shurling Wetherington Wilkins Zellner
By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 31, nays 14.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 112. By Mr. Groover of Bibb:
A bill to amend an act relating to the Game and Fish Commission and to game and fish; relating to salaries of Commission employees and wildlife rangers; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill of the House was taken up for the purpose of considering a report of a committee of conference:
HB 35. By Mr. Tarpley of Union and others: A bill to create a statewide probation system; and for other purposes.
The report of the committee of conference was as follows:
Mr. President, Mr. Speaker:
Your Joint Committee on Conference has met on HB 35 and agrees to the following report.
The Committee recommends that:
Senate Amendment No. 1 be adopted.
We have substituted for Senate Amendment No. 2 the following:
"If a circuit probation officer should be an attorney at Law, he shall be prohibited from practicing law in any matter in which the probation system may be concerned while serving as a circuit pro bation officer."
TUESDAY, FEBRUARY 7, 1956
489
Amendment No. 3 be adopted with the following change: That the figure 6,000 be substituted for the figure $4,800.
Amendments No. 4 through 14 inclusive be adopted.
On the part of the Senate: /a/ Hollis of the 24th /s/ McDonald of the 43rd /s/ Davis of the 42nd
On the part of the House: /s/ Tarpley of Union /s/ Lindsey of Spalding /s/ Lavender of Elbert
Senator Overby of the 33rd moved that the report of the committee of con ference be adopted.
On the adoption of the report of the committee of conference, the ayes were 36, nays 0, and the report was adopted.
SB 55. By Senators Matthews of the 47th, Ursrey of the 54th and others:
A bill to amend an act imposing a tax on the sale, use or other disposi tion of little cigars, cigars and cigarettes within this state so as to change the tax upon cigarettes; and for other purposes.
The Committee on Finance offered the following amendment:
Amend SB 55 by striking the words and figure " and one-half (%)" from the first clause under the sub-heading "Cigarettes" in Sec tion 3A of said bill, so that the first clause under the sub-heading "Ciga rettes" shall read:
"having a length of less than three inches--two (2) mills each."
On the adoption of the amendment, the ayes were 34, nays 1, and the amend ment was adopted.
The Committee on Finance offered the following amendment:
Amend SB 55 by adding the following paragraph at end of Section #3A--"The compensation or discount allowed by the State Revenue Commissioner to wholesalers, jobbers, distributors or others for stamp ing cigarettes under the provisions of this act shall not be more per centage-wise than allowed before the passage of this bill."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, Senator Harrison of the 17th called for the ayes and nays and the call was sustained.
A roll call was ordered and the vote was as follows:
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JOURNAL OF THE SENATE,
Those voting in the affirmative were Senators:
Ayers Chance Clary Davis Florence Garrett Harrison Hollis
Matthews McDonald Morrison Neel Parker Paulk Ponsell Raulerson
Hoop Steis Strickland Ursrey Wetherington Wilkins Wood Zellner
Those voting in the negative were Senators:
Brooks Coffin Dews Dykes Harden Housley Jones, 38th
Jones, 18th Kelly Lambert Lovett Mann McBride Millican
Overby Richardson Seagraves Shurling Toms Turner Waters
On the passage of the bill, the ayes were 24, nays 21.
The bill, having failed to receive the requisite constitutional majority, was lost.
Senator Harrison of the 17th gave notice that at the proper time he would move that the Senate reconsider its action on SB 55.
HB 119. By Mr. Murphy of Haralson:
A bill to be known as the "Georgia Food Act", relating to foods and drugs; and for other purposes.
The report 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 122. By Mr. Lanier of Candler and others:
A bill to amend an act relating to the employment and compensation of a veterinary surgeon or expert, so as to provide that the Commissioner of Agriculture shall determine the compensation of such veterinary surgeon or expert; and for other purposes.
The report 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.
TUESDAY, FEBRUARY 7, 1956
491
HB 202. By Mr. Groover of Bibb and others:
A bill to amend an act creating the office of solicitor general emeritus and creating the solicitors general emeritus fund of Georgia.
The report 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 146. By Mr. Moate of Hancock and others:
A bill to provide that before any person, firm, corporation or association shall burn any woods, lands, marshes or other inflammable or com bustible materials, notice of the times and place must first be given to the County Forest Ranger; and for other purposes.
The report 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 4.
The bill, having received the requisite constitutional majority, was passed.
HB 147. By Mr. Moate of Hancock and others:
A bill to amend an act comprehensively revising and superseding the laws relating to the Georgia Forestry Commission.
The report 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 195. By Mr. Twitty of Mitchell:
A bill to regulate the labeling, sale, offering, exposing or transporting for sale of agricultural, vegetable, flower, tree and shrub seeds; and for other purposes.
The report 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.
492
JOURNAL OF THE SENATE,
HB 148. By Messrs. Moate of Hancock, Sheffield of Brooks and others:
A bill to define the various penal offenses relating to the firing of woods; and for other purposes.
The Committee on Agriculture and Natural Resources offered the following amendment:
Amend HB 148:
1. By striking from Section 8 thereof the paragraph numbered No. 6.
2. By striking from the caption the words "to require that notice be given to adjoining landowners of any intention to burn woods, forests, and other lands."
On the adoption of the amendment, the ayes were 36, 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.
On the passage of the bill, the ayes were 36, nays 1.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 269. By Mr. Groover of Bibb:
A bill to amend an act concerning the creation, declaration and enforce ment of Laborers' and Materialmen's liens by providing that liens shall be created in favor of registered land surveyors and registered profes sional engineers performing or furnishing services as such; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Hollis of the 24th asked unanimous consent that the following bill of the House be withdrawn from the Committee on Judiciary, read the second time and recommitted:
HB 27. By Mr. Twitty of Mitchell:
A bill creating a board to be known as the State Board of Dispensing Opticians; providing a method for the appointment of the members of said board; define the trade or occupation of dispensing opticians; and for other purposes.
The consent was granted.
TUESDAY, FEBRUARY 7, 1956
493
Senator Brooks of the 50th asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Industry and Labor, read the third time and recommitted:
SB 130. By Senator Brooks of the 30th:
A bill to provide that no insurance company doing business in the state of Georgia and writing automobile liability or fire, theft or collision coverages shall contract with any person producing such business under any kind of retrospective agreement; to provide a definition for certain terms used therein; and for other purposes.
The consent was granted.
Senator Overby of the 33rd moved that the Senate do now adjourn until 10:30 o'clock tomorrow morning and the motion prevailed.
The president announced the Senate adjourned until 10:30 o'clock tomorrow morning.
494
JOURNAL OF THE SENATE,
Senate Chamber, Atlanta, Georgia, Wednesday, February 8, 1956.
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.
By unanimous consent the call of the roll was dispensed with.
Senator Steis of the 25th 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 Overby of the 33rd 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. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and consideration of general 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 majority the following bills and reso lutions of the House and Senate to wit:
HB 73. By Messrs. Sognier, Cheatham and Eyler of Chatham:
A bill to add one additional judge of the Superior Court for the Eastern Judicial Circuit of Georgia, and for other purposes.
HB 86. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A bill to add two additional judges of the Superior Court for the At lanta Judicial Circuit, and for other purposes.
HB 167. By Mr. Matthews of Clarke:
A bill to provide for the examination and registration of persons en gaged in the practice of massage, and for other purposes.
WEDNESDAY, FEBRUARY 8, 1956
495
HB 186. By Messrs. Groover of Bibb, Blalock of Clayton and others:
A bill to create the position of Fiscal Control Officer within the State Department of Education, and for other purposes.
HB 190. By Messrs. Groover of Bibb, Lavender of Elbert and others:
A bill to provide all leases of State property for a term of more than one year shall be ratified by the Senate, and for other purposes.
HB 301. By Messrs. Carlisle of Bibb, Huddleston of Fayette and others:
A bill to prohibit the appropriation or expenditure of any State or County funds for the upkeep of schools where such schools do not pro vide separate schools or classes for the white and colored races; and for other purposes.
HB 318. By Messrs. Bolton and Lindsey of Spalding:
A bill to amend the charter of the City of Griffin, and for other purposes.
HB 351. By Mr. Bentley of Cobb:
A bill to provide that a parent or guardian shall be liable for the wilful and wanton torts of his minor child, and for other purposes.
HB 353. By Messrs. Bentley of Cobb, M. Smith of Fulton and Scoggin of Floyd:
A bill to amend an act establishing Juvenile Courts and providing the procedure connected therewith, and for other purposes.
HB 367. By Messrs. Hall, Scoggin and Wright of Floyd:
A bill to amend an act entitled an act to authorize and empower Floyd County to provide, construct and or maintain in the territory of said County a system of waterworks outside the limits of incorporated municipalities, and for other purposes.
HB 369. By Messrs. Hall, Scoggin and Wright of Floyd:
A bill to provide for the compensation of the members of the County Board of Education of Floyd County; and for other purposes.
HB 377. By Messrs. Hall, Scoggin and Wright of Floyd:
A bill to abolish the present mode of compensation accruing to the office of Solicitor-General of the Rome Judicial Circuit, and for other purposes.
HB 390. By Messrs. Hall, Scoggin and Wright of Floyd:
A bill to abolish the present mode of compensation accruing to the of fices of Clerk of the Superior Court, Clerk of the City Court, and for other purposes.
496
JOURNAL OP THE SENATE,
HB 412. By Messrs. Ployd and Weems of Chattooga:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Chattooga County; and for other purposes.
HB 413. By Messrs. Floyd and Weems of Chattooga:
A bill to amend an Act creating the City Court of Chattooga County, and for other purposes.
HB 414. By Messrs. Floyd and Weems and Chattooga:
A bill to repeal an act creating a Board of Commissioners of Roads and Revenues of Chattooga County; and for other purposes.
HR 106. By Messrs. Gates and Mobley of Burke: A resolution to compensate M. V. Parkerson; and for other purposes.
HR 127. By Mr. Freeman of Monroe:
A resolution compensating Early T. Grant for damages; and for other purposes.
SB 16. By Senators Page of the 1st and Steis of the 25th:
A bill to amend Code Chapter 84-6, regulating the practice of Chiropody, so as to provide for the qualifications of applicants for examination; and for other purposes.
The House has passed by Substitute as amended by the requisite constitu tional majority the following bills and resolutions of the Senate to wit:
SB 50. By Senator Zellner of the 22nd:
A bill to create a Livestock Disease Control Board, to provide for the members, duties and compensation of the members thereof; and for other purposes.
The House has adopted the report of the Committee of Conference on the following bill of the House, to-wit:
HB 35. By Messrs. Tarpley of Union, Cheatham of Chatham and others: A bill to create a Statewide Probation System; and for other purposes.
The House has adopted the report of the Committee of Conference on the following bill of the Senate, to-wit:
SB 5. By Senator Overby of the 33rd:
A bill to authorize the State or any county, municipal corporation or other political sub-division to sell or lease certain property; and for other purposes.
WEDNESDAY, FEBRUARY 8, 1956
497
The House has agreed to the Senate amendment to the following bill of the House, to-wit:
HB 87. By Messrs. Sanders and Chambers of Richmond and Freeman of Monroe :
A bill to amend an act known as the "Juvenile Court Act"; and for other purposes.
The following bills and resolutions were introduced, read the first time and referred to committees:
SB 145. By Senators Millican of the 52nd, Hollis of the 24th and Lovett of the 16th:
A bill to amend an act relating to the leasing and controlling of the State's property in the City of Chattanooga, Tennessee not covered by the Western and Atlantic Railroad lease so as to provide that any lease of such property for a term of more than one year shall be rati fied by a two-thirds vote of the Senate; to provide for the review of said leases by the Attorney-General; and for other purposes.
Referred to the Committee on Public Utilities and Transportation.
SB 146. By Senators Millican of the 52nd, Hollis of the 24th and Lovett of the 16th:
A bill to provide that all leases of State property, other than leased for education purposes, for a term of more than one year shall be ratified by the Senate; to provide for the review of said leases by the Attorney General; and for other purposes.
Referred to the Committee on Educational Matters.
SB 147. By Senator Harrison of the 17th:
A bill to repeal the act providing for the manner in which licenses granted by the State of Georgia, or by any other duly authorized li censing authority, authorizing the manufacture of malt beverages may be revoked and renewed; and for other purposes.
Referred to the Committee on Temperance.
SB 148. By Senator Harrison of the 17th:
A bill to amend an act relating to license and excise taxes upon the business of dealing in malt beverages so as to provide the procedure by which it shall be determined whether malt beverages shall or shall not be sold in a county; and for other purposes.
Referred to the Committee on Temperance.
SB 149. By Senator Harrison of the 17th: A bill to amend the act creating the office of Tax Commissioner of
498
JOURNAL OF THE SENATE,
Jenkins County so as to increase the salary of the Tax Commissioner from $1,800 per annum to $2,400 per annum; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 150. By Senator Millican of the 52nd:
A bill to amend the act providing a complete and comprehensive vital statistics law for Georgia so as to provide that in all counties of the State having a population of 300,000 or more by the last United States census or any succeeding United States census, in which there is a county health department, the Director of the Department of Public Health shall appoint one of the salaried employees of such department as local registrars; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 151. By Senators Brooks of the 50th, Harden of the 27th, Coffin of the llth, Ponsell of the 5th, Davis of the 42nd, Morrison of the 15th, Dean of the 40th, Jones of the 38th, Blalock of the 36th, Roop of the 37th, Matthews of the 47th, Seagraves of the 30th, Dykes of the 14th, Lovett of the 16th, Florence of the 39th, Steis of the 25th, Mann of the 48th, Kelly of the 35th, Ursrey of the 54th, Clary of the 29th, Jones of the 18th, Dews of the 9th, McBride of the 10th, Paulk of the 45th, Raulerson of the 46th, Wetherington of the 6th and Overby of the 33rd:
A bill to amend Chapter 18-2 of the 1933 Code of Georgia relating to passengers of common carriers so as to provide that any female shall be entitled to the entire seat occupied by her where she requests same; and for other purposes.
Referred to the Committee on Public Utilities and Transportation.
SB 152. By Senators Brooks of the 50th, Harden of the 27th, Coffin of the llth, Jones of the 38th, Marrison of the 15th, Dean of the 40th, Roop of the 37th, Matthews of the 47th, Seagraves of the 30th, Dykes of the 14th, Lovett of the 16th, Florence of the 39th, Steis of the 25th, Mann of the 48th,. Kelly of the 35th, Ursrey of the 54th, Clary of the 29th, Jones of the 18th, Dews of the 9th, McBride of the 10th, Paulk of the 45th, Raulerson of the 46th, Wetherington of the 6th and Overby of the 33rd:
A bill to amend the act creating the Department of Public Safety and defining its duties and powers so as to provide that the State Patrol and Georgia Bureau of Investigation shall enter any County or munici pality, upon request of any citizen or official thereof, to make arrests and otherwise enforce any laws of this State requiring segregation or separation of the white and colored races in any manner or activity; and for other purposes.
Referred to the Committee on Rules.
SB 153. By Senators Brooks of the 50th, Harden of the 27th, Coffin of the llth, Ponsell of the 5th, Davis of the 42nd, Morrison of the 15th, Florence of the 39th, Dean of the 40th, Jones of the 38th, Blalock of the 36th, Roop of the 37th, Matthews of the 47th, Seagraves of the 30th, Dykes of the 14th, Steis of the 25th, Mann of the 48th, Kelly of
WEDNESDAY, FEBRUARY 8, 1956
499
the 35th, Ursrey of the 54th, Clary of the 29th, Jones of the 18th, Dews of the 9th, McBride of the 10th, Paulk of the 45th, Raulerson of the 46th, Wetherington of the 6th and Overby of the 33rd:
A bill to amend the act providing revenue and a source of revenue for the purpose of paying annuities and benefits to the peace officers of the State of Georgia so as to provide that any peace officer, as therein defined, who fails and refuses to enforce any laws of this State re quiring segregation of the white and colored races in any manner or activity shall forfeit all retirement benefits; and for other purposes.
Referred to the Committee on Judiciary.
SB 154. By Senator Neel of the 7th:
A bill to amend the act creating a Department of Public Safety for Georgia so as to change the provisions relating to classification of public chauffeur license;' and for other purposes.
Referred to the Committee on Public Utilities and Transportation.
SB 155. By Senator Lovett of the 16th:
A bill to provide that any person riding in a State Patrol car when not on official duty automatically waives all claims against the State in case of injury or damages; and for other purposes.
Referred to the Committee on Judiciary.
SB 156. By Senator Overby of the 33rd:
A bill to authorize all eligible officials and employees of the State Office Building Authority to become members of the Employees' Re tirement System of Georgia; and for other purposes.
Referred to the Committee on Rules.
SR 45. By Senator Millican of the 52nd:
A resolution proposing an amendment to the Constitution so as to change the number of days within which the Governor shall submit the budget message and the general appropriation bill to the General Assembly; and for other purposes.
Referred to the Committee on Rules.
HB 73. By Messrs. Sognier, Cheatham and Eyler of Chatham:
A bill to add one additional judge of the Superior Court for the East ern Judicial Circuit of Georgia; and for other purposes.
Referred to Committee on Judiciary.
HB 86. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A bill to add two additional judges of the Superior Court for the Atlanta Judicial Circuit; and for other purposes.
Referred to Committee on Judiciary.
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JOURNAL OF THE SENATE,
HB 167. By Mr. Matthews of darker
A bill to provide for the examination and registration of persons engaged in the practice of massage; and for other purposes.
Referred to Committee on Health and Welfare.
HB 186. By Messrs. Groover of Bibb, Blalock of Clayton and others:
A bill to create the position of fiscal control officer within the State Department of Education; and for other purposes.
Referred to Committee on Educational Matters.
HB 190. By Messrs. Groover of Bibb, Lavender of Elbert and others:
A bill to provide all leases of state property for a term of more than one year shall be ratified by the Senate; and for other purposes.
Referred to Committee on Judiciary.
HB 301. By Messrs. Carlisle of Bibb, Huddleston of Fayette and others:
A bill to prohibit the appropriation or expenditure of any state or county funds for the upkeep of schools where such schools do not pro vide separate schools or classes for the while and colored races; and for other purposes.
Referred to Committee on Educational Matters.
HB 318. By Messrs. Bolton and Lindsey of Spalding:
A bill to amend the charter of the City of Griffin; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 351. By Mr. Bentley of Cobb:
A bill to provide that a parent or guardian shall be liable for the wilful and wanton torts of his minor child; and for other purposes.
Referred to Committee on Judiciary.
HB 353. By Messrs. Bentley of Cobb, M. Smith of Fulton and Scoggin of Floyd:
A bill to amend an act establishing juvenile courts and providing the procedure connected therewith; and for other purposes.
Referred to Committee on Judiciary.
HB 367. By Messrs. Hall, Scoggin and Wright of Floyd:
A bill to amend an act entitled an act to authorize and empower Floyd County to provide, construct and or maintain in the territory of said county a system of water works outside the limits of incorporated municipalities; and for other purposes.
Referred to Committee on County and Municipal Governments.
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501
HB 369. By Messrs. Hall, Scoggin and Wright of Floyd:
A bill to provide for the compensation of the members of the County Board of Education of Floyd County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 377. By Messrs. Hall, Scoggin and Wright of Floyd:
A bill to abolish the present mode of compensation accruing to the office of solicitor-general of the Rome Judicial Circuit; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 390. By Messrs. Hall, Scoggin and Wright of Floyd:
A bill to abolish the present mode of compensation accruing to the offices of clerk of the Superior Court, clerk of the City Court; and for other purposes.
Referred to Committee on Cunty and Municipal Governments.
HB 412. By Messrs. Floyd and Weems of Chattooga:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Chattooga County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 413. By Messrs. Floyd and Weems of Chattooga:
A bill to amend an act creating the city court of Chattooga County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 414. By Messrs. Floyd and Weems of Chattooga:
A bill to repeal an act creating a Board of Commissioners of Roads and Revenues of Chattooga County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HR 106. By Messrs. Gates and Mobley of Burke: A resolution to compensate M. V. Parkerson; and for other purposes.
Referred to Committee on Appropriations.
HR 127. By Mr. Freeman of Monroe:
A resolution compensating Early T. Grant for damages; and for other purposes.
Referred to Committee on Appropriations.
Mr. Garrett of the 53rd District, Chairman of the Committee on Finance, submitted the following report:
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JOURNAL OF THE SENATE,
Mr. President: Your Committee on Finance 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 126. Do Pass. SR 41. Do Pass. HR 48-129d. Do Pass. HB 263. Do Pass. HB 333. Do Pass. SB 67. Do Not Pass.
Respectfully submitted, Garrett of 53rd District, Chairman.
Mr. Turner of the 34th District, Chairman of the Committee on County and Municipal Governments, submitted the following report: Mr. President:
Your Committee on County and Municipal Governments has had under con sideration the following bills of the Senate and House and have instructed me as Chairman, to report the same back to the Senate with the following recom mendations:
SB 141. Do Pass.
SB 142. Do Pass.
SB 144. Do Pass.
HB 373. Do Pass.
SB 140. Do Pass.
HB 259. Do Pass.
HB 39. Do Pass.
HB 332. Do Pass.
Respectfully submitted, Turner of 34th District, Chairman.
Mr. Turner of the 34th District, Chairman of the Committee on County and Municipal Governments, submitted the following report:
Mr. President:
Your Committee on County and Municipal Governments has had under con-
WEDNESDAY, FEBRUARY 8, 1956
503
sideration 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 314. Do Pass. HB 307. Do Pass. HB 308. Do Pass. HB 360. Do Pass. HB 396. Do Pass. HB 343. Do Pass. HB 312. Do Pass. HB 347. Do Pass. HB 344. Do Pass. HB 349. Do Pass. HB 304. Do Pass. HB 401. Do Pass. HB 380. Do Pass. HB 342. Do Pass. HB 331. Do Pass. HB 362. Do Pass. HB 350. Do Pass. HB 302. Do Pass. HB 404. Do Pass.
Respectfully submitted, Turner of 34th District, Chairman.
Mr. Turner of the 34th District, Chairman of the Committee on County and Municipal Governments, submitted the following report:
Mr. President:
Your Committee on County and Municipal Governments 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 recom mendations :
SB 124. Do Pass.
SB 127. Do Pass.
SB 131. Do Pass.
HB 364. Do Pass, as amended.
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JOURNAL OF THE SENATE,
HB 329. Do Pass. HB 370. Do Pass. HB 321. Do Pass. HB 151. Do Pass. HB 330. Do Pass. HB 358. Do Pass. HB 374. Do Pass. HB 339. Do Pass. HB 334. Do Pass, by substitute. HB 156. Do Pass. HB 325. Do Pass. HB 356. Do Pass.
Respectfully submitted, Turner of 34th District, Chairman.
Mr. McDonald of the 43rd 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 considera tion the following bill of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
SB 52. Do Pass, by .substitute.
Respectfully submitted,
McDonald of the 43rd District,
Chairman.
Mr. Dean of the 40th District, Chairman of the Committee on Agriculture and Natural Resources, submitted the following report:
Mr. President:
Your Committee on Agriculture and Natural Resources has had under con sideration 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 83. Do Pass.
SB 125. Do Pass.
Respectfully submitted,
Dean of 40th District,
Chairman.
WEDNESDAY, FEBRUARY 8, 1956
605
Mr. Dykes of the 14th District, Chairman of the Committee on Highways, submitted the following report:
Mr. President:
Your Committee on Highways 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 258. Do Pass.
HR 45. Do Pass.
Respectfully submitted,
Dykes of 14th District,
Chairman.
Mr. Hollis of the 24th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. President: Your Committee on Judiciary has had under consideration the following
bills and resolutions of the House and Senate and has instructed me as Chair man, to report the same back to the Senate with the following recommendations:
HB 225. Do Pass. HB 303. Do Pass. HR 60-163i. Do Pass. HR 22-64g. Do Pass. SB 123. Do Pass. SB 129. Do Pass.
Respectfully submitted, Hollis of 24th District,
Chairman.
Mr. Clary of the 29th District, Chairman of the Committee on Industry and Labor, submitted the following report:
Mr.-President:
Your Committee on Industry and Labor 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 119. Do Pass.
SB 58. Do Pass.
SB 38. Do Pass.
HB 177. Do Pass.
HB 118. Do Pass.
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JOURNAL OF THE SENATE,
SB 99. Do Pass. SB 100. Do Pass.
Respectfully submitted, Clary of 29th District, Chairman.
Mr. Harrison of the 17th District, Chairman of the Committee on Health and Welfare, submitted the following report:
Mr. President:
Your Committee on Health and Welfare 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 10. Do Pass. HB 127. Do Pass. HB 171. Do Pass.
HB 197. Do Pass.
SB 64. Do Pass.
SB 110. Do Pass. SB 107. Do Pass.
Respectfully submitted, Harrison of 17th District,
Chairman. i
Mr. Ricketson of the 19th District, Chairman of the Committee on Defense ( and Veterans Affairs, submitted the following report:
Mr. President: Your Committee on Defense and Veterans Affairs has had under considera- I
tion the following bill of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
SB 120. Do Pass. Respectfully submitted,
Ricketson of 19th District,
Chairman.
Mr. Hollis of the 24th District, Chairman of the Committee on Judiciary,
submitted the following report:
j
Mr. President:
Your Committee on Judiciary has had under consideration the following ;
WEDNESDAY, FEBRUARY 8, 1956
507
bills and resolution of the House and Senate and has instructed me as Chair man, to report the same back to the Senate with the following recommendations:
HB 336. Do Not Pass. HB 386. Do Pass. HB 253. Do Pass. HB 11. Do Pass. HB 59. Do Pass. HB 355. Do Pass. HB 193. Do Pass, as amended. SB 84. Do Pass. SB 135. Do Pass. SB 139. Do Pass. SR 44. Do Pass.
Respectfully submitted, Hollis of 24th District, Chairman.
Mr. Blalock of the 36th District, Chairman of the Committee on Penal In stitutions, submitted the following report:
Mr. President:
Your Committee on Penal Institutions 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 recommendation:
HB 65. Do Pass, by substitute.
Respectfully submitted,
Blalock of 36th District,
Chairman.
Mr. Hollis of the 24th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bills of the House and Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 90. Do Pass, by substitute. HB 183. Do Pass, by substitute.
Respectfully submitted, Hollis of 24th District, Chairman.
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JOURNAL OF THE SENATE,
Mr. Brooks of the 50th District, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs 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:
SR 34.
SB 48.
SB 101.
SB 122.
Respectfully submitted,
Brooks of the 50th District,
Chairman.
The following bills and resolutions, favorably reported by the committees, were read the second time:
SR 38. By Senator Overby of the 33rd:
A resolution creating a committee to study the advisability of enact ing a compulsory automobile liability insurance law; and for other purposes.
SB 58. By Senators Turner of the 34th and Harper of the 26th:
A bill to provide for the approval of all policies of insurance by the insurance commissioner; and for other purposes.
SB 64. By Senator Millican of the 52nd:
A bill to amend the "old age assistance act" so as to make it mandatory that the Director of the State Department of Public Welfare require the local Board of Public Welfare of the county in which a deceased recipient of assistance resided to execute and acknowledge a notice of claim against the estate of such recipient; and for other purposes.
SB 83. By Senators Florence of the 39th, Steis of the 25th and others:
A bill to provide for the control of the fox population in this state by the Game and Fish Commission; and for other purposes.
SB 99. By Senators Harper of the 26th and Turner of the 34th:
A bill to amend section 56-216 of the 1933 code of Georgia relating to participation by policy holders in the net profits of insurance com panies so as to provide that any policy containing the provisions pre scribed in said code section must be approved by the insurance com missioner; and for other purposes.
WEDNESDAY, FEBRUARY 8, 1956
509
SB 100. By Senators Harper of the 26th and Turner of the 34th:
A bill to amend the excess insurance agents law so as to require the affidavits of licensed agents issuing said policy and of the insured therein provided for to be filed with the insurance commissioner within sixty days from the issuance of such policy instead of within thirty days therefrom as provided in said law; and for other purposes.
SB 107. By Senator Millican of the 52nd:
A bill to authorize the transfer to Milledgeville State Hospital with out formal commitment of persons enrolled in the Georgia Training School for Mental Defectives; and for other purposes.
SB 110. By Senators Millican of the 52nd, Hollis of the 24th and Lovett of the 16th:
A bill to amend the act creating the State Board of Corrections so that a prisoner who is in the Milledgeville State Hospital at the expiration of his sentence may be kept there until the superintendent of the hospital declares that his sanity has been restored or until the prisoner demands a trial of the question of lunacy and the jury finds him to be of sound mind; and for other purposes.
SB 119. By Senators Turner of the 34th and Harper of the 26th:
A bill providing that all contracts agreeing for a consideration to furnish ambulance service in the future to any person or class of per sons in this state, shall be construed as health and accident insurance contracts, and be governed by the laws regulating health and accident insurance; and for other purposes.
SB 123. By Senator Millican of the 52nd:
A bill to amend the act establishing the criminal court of Atlanta so as to require the solicitor general of said court to maintain a docket on which he shall enter all commitments made to said court from any magistrate, justice, recorder's, municipal or civil court, or any other inferior court or said county, having committing powers; and for other purposes.
SB 124. By Senator Millican of the 52nd:
A bill to amend the act establishing a new charter for the City of Atlanta so as to increase the salary of the mayor to $20,000.00 per annum; and for other purposes.
SB 125. By Senator McBride of the 10th:
A bill to provide for the regulation of the sale of livestock at auction; and for other purposes.
SB 126. By Senators Strickland of the 3rd and Matthews of the 47th:
A bill to amend code section 92-1403 of the 1933 code of Georgia so as to exempt kerosene or fuel oil used in curing leaf tobacco by pro ducers within this state; and for other purposes.
510
JOURNAL OF THE SENATE,
SB 129. By Senators Harden of the 27th, Overby of the 33rd and Turner of the 34th:
A bill to provide that the official court reporter of the Piedmont Judicial Circuit shall be compensated on a salary basis in lieu of all fees; and for other purposes.
SB 131. By Senator Paulk of the 45th:
A bill to amend the act creating the board of commissioners of roads and revenues of Irwin County by striking the last sentence of section 1 of said act; and for other purposes.
SB 135. By Senator Overby of the 33rd:
A bill to repeal section 84-1422 of 1933 code of Georgia relative to non resident real estate brokers and agents; and for other purposes.
SB 139. By Senator Overby of the 33rd:
A bill to define debt adjusting; to make it unlawful for any person to engage in the business of debt adjusting; and for other purposes.
SB 140. By Senator Matthews of the 47th:
A bill to provide that the compensation of the sheriff, the clerk of the superior court and the ordinary of Colquitt County shall be on a salary basis and to provide their compensation; and for other purposes.
SB 141. By Senator Millican of the 52nd:
A bill to amend the act establishing a new charter for the City of Atlanta so as to create the office of comptroller for the board of educa tion; and for other purposes.
SB 142. By Senator Millican of the 52nd:
A bill to amend an act providing that cities having a population of < more than 150,000 by the United States census of 1920 or any subse
quent census shall furnish pensions to all officers and employees of such cities who have served twenty-five years so as to provide that former members of the pension fund who have heretofore retired for the purpose of re-entering the employ of any other political subdivision of Georgia having a pension fund of its own and requiring contributions from employees, shall be entitled to receive from the Board of Trustees all sums contributed by such employee; and for other purposes.
SB 144. By Senator Page of the 1st:
A bill to implement the provisions of the act known as the "Savannah District Authority Act" so as to confirm the powers heretofore granted to said authorities and granting to said Authority additional power; and for other purposes.
SR 41. By Senator Millican of the 52nd:
A resolution to authorize and direct the Director of the Department of
WEDNESDAY, FEBRUARY 8, 1956
511
Public Safety to make a study and report of his findings as to the recommendations of the Joint Economy Committee; and for other purposes.
SR 44. By Senator McDonald of the 43rd:
A resolution to provide for the appointment of a commission of five members, one to be appointed by the president of the Senate, to investi gate the business of consumer finance of personal property; and for other purposes.
HB 10. By Mr. Roughton of Washington:
A bill to amend an act relating to barbers and beauticians; and for other purposes.
HB 11. By Mr. Kilgore of Gwinnett and others:
A bill to amend an act providing for the filing of a petition to the superior court or the court of ordinary by any person desirious of establishing the time and place of his birth and of securing the issuance of a certificate of birth, so as to repeal the provision providing for a fee to be transmitted with each certified copy of the birth certificate of the State Department of Public Health; and for other purposes.
HB 59. By Mr. Strickland of Toombs and others:
A bill to amend an act relating to arrests so as to require the arrest ing officer who arrests a person under a warrant to bring the accused before the person authorized to examine, commit or receive bail within 72 hours; and for other purposes.
HB 65. By Mr. Scoggin of Ployd and others:
A bill to amend an act creating the State Board of Pardons and Paroles, so as to create an advisory staff as a division thereof; and for other purposes.
HB 118. By Mr. Bagby of Paulding and others:
A bill to amend an act creating the State Board of Workmen's Com pensation; and for other purposes.
HB 127. By Mr. Moate of Hancock and others:
A bill to amend an act and known as the Vocational Rehabilitation Act, so as to provide for subrogation by the State Board of Vocational Rehabilitation; and for other purposes.
HB 151. By Mr. Carlisle of Bibb and others:
A bill to vest title in the City of Macon, it ssuccessors and assigns, to a certain portion of Pine Street in Square 74, located in said city; and for other purposes.
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JOURNAL OF THE SENATE,
HB 156. By Mr. Duke of Baldwin and others:
A bill to authorize the governing authority of the city of Milledgeville to provide for zoning and planning; to authorize joint operation with Baldwin County; and for other purposes.
HB 171. By Mr. Freeman of Monroe and others:
A bill to amend an act providing for the payment of maternity home and foster home care for pregnant, unmarried mothers, and to provide further for the utilization of any federal monies now available, etc.; and for other purposes.
HB 177. By Mr. Key of Jasper:
A bill to provide for qualified surety companies to become surety to the extent of $200.00 with respect to guaranteed arrest bond certifi cates of automobiles, clubs and associations.
HB 193. By Mr. Groover of Bibb and others:
A bill to amend an act relating to the distribution of laws and journals for civil officers of each county; and for other purposes.
HB 197. By Mr. Coker of Cherokee and others:
A bill to amend an act relating to nurses, so as to change the regis tration fee of under-graduate nurses; to change the annual validation fee of the certificate of registered nurses; and for other purposes.
HB 225. By Mr. Rowland of Johnson:
A bill to amend an act creating the Dublin Judicial Circuit; and for other purposes.
HB 253. By Mr. H. Smith of Fulton:
A bill to amend an act entitled "an act to provide for the use of voting machines for casting, registering, recording and computing ballots of votes at all elections in certain counties; and for other purposes.
HB 258. By Mr. Lokey of Fulton and others:
A bill to amend an act authorizing the establishment of limited access highways in counties having a population of 300,000 or more; and for other purposes.
HB 259. By Mr. Lokey of Fulton and others:
A bill to amend an act relating to the filing of a written demand as a prerequisite to the bringing of any suit at law or equity against any municipal corporation for injuries to any person or property and the suspension of the running of the statute of limitations during the time that the demand for payment is pending; and for other purposes.
WEDNESDAY, FEBRUARY 8, 1956
513
HB 263. By Mr. Land of Wilkinson and others:
A bill to provide for the licensing of manufacturers, bottlers and dis tributors of bottled soft d<rinks and soft drink syrup; to provide a license and renewal fee; to provide for the suspension and revocation of such license; and for other purposes.
HB 302. By Mr. Pain of Franklin:
A bill to amend an. act incorporating the City of Royston, so as to provide the type of municipal government, etc.; and for other purposes.
HB 303. By Mr. Denson of Dougherty and others:
A bill to amend an act consolidating the office of tax receiver and tax collector of Dougherty County; and for other purposes.
HB 304. By Mr. Watson of Dougherty and others:
A bill to amend an act creating a new charter for the City of Albany; and for other purposes.
HB 307. By Mr. Bloodworth of Houston:
A bill to amend an act creating a city charter for the municipality of Warner Robins; and for other purposes.
HB 308. By Mr. Bloodworth of Houston:
A bill to amend an act creating and establishing a charter for the City of Warner Robins; and for other purposes.
HB 312. By Mr. Long of Murray:
A bill to amend an act creating a new charter for the City of Chatsworth; and for other purposes.
HB 314. By Mr. Kilgore and others:
A bill to create a new municipality in Gwinnett County, Georgia to be known as the City of Berkeley Lake; and for other purposes.
HB 321. By Mr. Tarpley of Union:
A bill to amend an act creating the office of tax commissioner of Union County; and for other purposes.
HB 325. By Mr. Killian of Glynn and others:
A bill to amend an act creating a board of commissioners of roads and revenues of Glynn County; and for other purposes.
HB 329. By Mr. Cloud of Decatur and others:
A bill to amend an act establishing the city court of Bainbridge; and for other purposes.
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JOURNAL OF THE SENATE,
HB 330. By Mr. McKenna and others:
A bill to amend an act entitled "an act to reenact the charter of the City of Macon; and for other purposes.
HB 331. By Mr. Pordham of Bulloch and others:
A bill to amend an act creating a new charter for the City of Statesboro; and for other purposes.
HB 332. By Mr. Foster of Clayton and others:
A bill establishing a new charter for the City of College Park; and for other purposes.
HB 333. By Mr. Watson of Dougherty:
A bill to amend an act known as the intangible property tax act, so as to change the tax rate thereunder for accounts and notes receivable owed by a wholly-owned partnership or corporation which returns and pays ad valorem taxes on all its assets to the state of Georgia; and for other purposes.
HB 334. By Mr. Lokey of Fulton and others:
A bill to amend an act entitled "an act to provide that in Fulton County, the ordinary, sheriff, clerk of superior court, tax receiver, tax collector and county treasurer may appoint a chief deputy, or chief clerk"; and for other purposes.
HB 339. By Mr. Young of Muscogee and others:
A bill to amend the law authorizing a fire protection system in Mus cogee County; and for other purposes.
HB 342. By Mr. Stephens of Clarke and others:
A bill to authorize the mayor and council of the City of Athens and the Board of Commissioners of Roads and Revenues of Clarke County to give to the United States a tract of land located in the city of Athens and bounded on the north by Bearing Street and a sixteen foot alley on the east of Franklin Street; and for other purposes.
HB 343. By Mr. Stephens of Clarke and others:
A bill to amend an act creating the Athens Firemen's Pension System; and for other purposes.
HB 344. By Mr. Stephens of Clarke and others:
A bill to amend an act entitled "an. act to amend the charter of the Town of Athens"; and for other purposes.
HB 347. By Mr. Stephens of Clarke and others: A bill to amend an act entitled "an act to amend the charter of the
WEDNESDAY, FEBRUARY 8, 1956
515
Town of Athens, so as to close the unopened portion of O'Farrell Street"; and for other purposes.
HB 349. By Mr. Peters of Meriwether:
A bill to amend an act entitled "an act to incorporate the City of Manchester in the counties of Meriwether and Talbot"; and for other purposes.
HB 350. By Mr. Peters of Meriwether:
A bill to amend an act which incorporated the City Manchester; ' and for other purposes.
HB 355. By Mr. Strickland of Toombs:
A bill to amend an act relating to the compensation of surveyor and laborers for surveying disputed county lines; and for other purposes.
HB 356. By Mr. Odom of Camden:
A bill to create the office of assistant solicitor for Camden County; and for other purposes.
HB 358. By Mr. Willingham of Cobb and others:
A bill to amend an act creating a new charter for the City of Smyrna; and for other purposes.
HB 360. By Mr. Underwood of Montgomery:
A bill to amend an act entitled "an act to incorporate the Town of Ailey"; and for other purposes.
HB 362. By Mr. Underwood of Montgomery:
A bill to amend an act creating a new charter for the Town of Mt Vernon; and for other purposes.
HB 364. By Mr. Gunter of Hall and others:
A bill to amend the charter of the City of Gainesville by defining and establishing the corporate limits of said, granting right of eminent domain, the right to operate a water plant; and for other purposes.
HB 370. By Mr. Dean of Rockdale:
.. A bill to amend an act incorporating the City of Conyers; and for other purposes.
HB 373. By Mr. Kennedy of Tattnall:
A bill to amend an act establishing the city court of Reidsville, so as to provide for payment of the insolvent cost of said court; and for other purposes.
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JOURNAL OF THE SENATE,
HB 374. By Mr. Dean of Rockdale: A bill to amend the charter of Conyers; and for other purposes.
HB 380. By Mr. Watson of Dougherty:
A bill to amend an act creating and establishing a new charter for the City of Albany, so as to provide for retirement of municipal employees; and for other purposes.
HB 386. By Mr. Sognier of Chatham and others:
A bill to amend an act pertaining to the attendance of witnesses and fees therefor, so as to provide for the payment of fees to any sheriff, deputy sheriff, or member of any municipal or county police force attending any court having jurisdiction to enforce penal laws of this state or attending any grand jury; and for other purposes.
HB 396. By Mr. Roughton of Washington:
A bill to amend an act creating the city court of Sandersville, Geor gia; and for other purposes.
HB 401. By Mr. Jones of Worth:
A bill to amend an act to create a new charter for the City of Syl vester; and for other purposes.
HB 404. By Mr. Phillips of Walton:
A bill to amend an act creating a new charter for the City of Monroe; and for other purposes.
HR 13. By Mr. Odom of Camden:
A resolution ratifying an easement granted by the state of Georgia to the Okefenokee Rural Electric Membership Corporation; and for other purposes.
HR 22. By Mr. Bentley of Cobb:
A resolution proposing an amendment to the constitution so as to provide for the paving of streets and sidewalks in Cobb County and to authorize the cost thereof to be assessed against the abutting property; and for other purposes.
HR 45. By Mr. Blackburn of Habersham:
A resolution designating a certain bridge as the "Judge I. Homer Sutton Bridge"; and for other purposes.
HR 48. By Mr. Moate of Hancock:
A resolution authorizing the state revenue commissioner to receive amended returns for the first taxable year ending on or after Febru ary 15, 1952, in accordance with the provision of former code sec.
WEDNESDAY, FEBRUARY 8, 1956
517
92-3109 (c) (6) as set forth herein and to adjust income tax liability of a taxpayer filing such an amended return to be filed on or before June 30, 1956 and not thereafter; and for other purposes.
HR 60. By Mr. Duke of Baldwin and others:
A resolution to authorize the Governor on behalf of the state, to nego tiate and sell a tract of state land; and for other purposes.
Senator Harrison of the 17th moved that the Senate reconsider its action of yesterday in defeating the following bill of the Senate:
SB 55. By Senators Matthews of the 47th, Ursrey of the 54th and others:
A bill to amend an act imposing a tax on the sale, use or other disposi tion of little cigars, cigars and cigarettes within this state so as to change the tax upon cigarettes; and for other purposes.
On the motion, the ayes were 18, nays 13.
The motion prevailed and SB 55 was placed at the foot of the calendar.
The following local uncontested bills and resolutions were read the third time and put upon their passage:
SB 132. By Senator Blalock of the 36th:
A bill to amend the act establishing a city court of Newnan so as to fix 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 368. By Mr. Todd of Glascock:
A bill to consolidate the offices of tax receiver and tax collector of Glascock County into the office of tax commissioner of Glascock County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HR 19. By Mr. Green of Rabun: A resolution to compensate Mr. Carlton Coleman and Mrs. Evelyn
518
JOURNAL OF THE SENATE,
Law Thomas of Rabun County for damages to their automobile; 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 Broioks Chance Clary Coffin Dean Dews Garrett Harper Harrison Hollis Housley Jones, 38th Jones, 23rd
Kelly
Lovett Mann Matthews
McBride McDonald Millican Morrison Neel Overby Page Parker Paulk Ponsell
Voting in the negative was Senator Davis.
Raulerson Reynolds Ricketson Roop
Seagraves Shurling Steis Strickland Toms
Turner Ursrey
Wetherington Wilkins
Wood
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 passed.
HR 46. By Mr. Lowe of Oglethorpe:
.
A resolution to compensate W. W. Armistead; 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 Brooks Chance Clary Coffin Dean
Dews Garrett Harper Harrison Hollis Housley
Jones, 38th Jones, 23rd Kelly Lovett Mann Matthews
WEDNESDAY, FEBRUARY 8, 1956
519
McBride McDonald Millican Morrison Neel Overby Page Parker
Paulk Ponsell Raulerson Reynolds Ricketson Roop Seagraves Shurling
Steis Strickland Toms Turner Ursrey
Wetherington Wilkins Wood
Voting in the negative was Senator Davis.
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.
HR 66. By Messrs. Cornelius and McKelvey of Polk:
A resolution to compensate George B. Stoffragen for damages to his automobile; 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:
Blalock Brooks Chance Clary Coffin Dean Dews Garrett Harper Harrison Hollis Housley Jones, 38th Jones, 23rd
Kelly Lovett Mann Matthews McBride McDonald Millican Morrison Neel Overby Page Parker Paulk Ponsell
Raulerson Reynolds Ricketson Roop Seagraves Shurling Steis Strickland Toms Turner Ursrey Wetherington Wilkins Wood
Voting in the negative was Senator Davis.
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 42, nays 1.
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JOURNAL OF THE SENATE,
The resolution, having received the requisite constitutional majority, was adopted.
HR 80. By Mr. Callier of Talbot:
A resolution authorizing payment for damages to Mr. Lincoln Fortune; 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:
Blalock Brooks Chance Clary Coffin Dean Dews Garrett Harper Harrison Hollis Housley Jones, 38th Jones, 23rd
Kelly Lovett Mann Matthews McBride McDonald Millican Morrison Neel Overby Page Parker Paulk Ponsell
Raulerson Reynolds Ricketson Roop Seagraves Shurling Steis Strickland Toms Turner Ursrey Wetherington Wilkins Wood
Voting in the negative was Senator Davis.
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.
HR 88. By Messrs. Kelley and Kilgore of Gwinnett:
A resolution compensating Ernest and Dorothy Brooks for damages; 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:
WEDNESDAY, FEBRUARY 8, 1956
521
Those voting in the affirmative were Senators:
Blalock Brooks Chance Clary Coffin Dean Dews Garrett Harper Harrison Hollis Housley Jones, 38th Jones, 23rd
Kelly Lovett Mann Matthews McBride McDonald Millican Morrison Neel Overby Page Parker Paulk Ponsell
Raulerson Reynolds Ricketson Roop Seagraves Shurling Steis Strickland Toms Turner Ursrey Wetherington Wilkins Wood
Voting in the negative was Senator Davis.
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.
HR 89. By Messrs. Kelley and Kilgore of Gwinnett:
A resolution to compensate Mr. George H. Verner, Mr. Arthur E. Verner and Miss Anne E. Varner; 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 Brooks Chance Clary Coffin Dean Dews Garrett Harper Harrison Hollis Housley Jones, 38th Jones, 23rd
Kelly Lovett Mann Matthews McBride McDonald Millican Morrison Neel Overby Page Parker Paulk Ponsell
Voting in the negative was Senator Davis.
Raulerson Reynolds Ricketson Roop Seagraves Shurling Steis Strickland Toms Turner Ursrey Wetherington Wilkins Wood
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JOURNAL OP THE SENATE,
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.
HR 93. By Mr. Peacock of Dodge:
A resolution to compensate Hal S. Martin for the damages inflicted upon his automobile; 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 Brooks
Chance Clary Coffin Dean Dews Garrett Harper Harrison Hollis Hoiisley Jones, 38th Jones, 23rd
Kelly Lovett Mann Matthews McBride McDonald Millican Morrison Neel Overby Page Parker Paulk Ponsell
Raulerson Reynolds Ricketson
Roop Seagraves Shurling Steis Strickland Toms Turner Ursrey Wetherington Wilkins Wood
Voting in the negative was Senator Davis.
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.
HR 95. By Mr. Barber of Jackson:
A resolution to compensate the Jackson Electric Membership Coopera tive for damages to electric transmission lines; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
WEDNESDAY, FEBRUARY 8, 1956
523
The resolution, involving an appropriation, a roll call was ordered and the vote was as follows:
Those voting in the affirmative were Senators:
Blalock Brooks Chance
Clary Coffin Dean Dews Garrett Harper Harrison Hollis Housley Jones, 38th Jones, 23rd
Kelly Lovett Mann
Matthews McBride McDonald Millican Morrison Neel Overby Page Parker Paulk Ponsell
Raulerson Reynolds Ricketson
Roop Seagraves Shurling Steis Strickland Toms Turner Ursrey Wether ington Wilkins Wood
Voting in the negative was Senator Davis.
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.
The following general bills were read the third tame and put upon their passage:
SB 52. By Senator Dews of the 9th:
A bill to provide that no schools in any county shall be consolidated without a vote of the persons living in the affected county; to provide for a commission; to provide the procedure; and for other purposes.
The Committee on Educational Matters offered the following substitute:
A BILL
To be entitled an Act to provide that no schools in any county having a certain population shall be consolidated without a vote of the persons living in the affected county; to provide for a commission to submit its findings as to the location of any proposed consolidated school; to provide exceptions; to prescribe the procedure connected with the fore going; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. No two or more schools in any county having a popula tion of not less than 8,500 and not more than 8,600 according to the last or any future United States census, shall be consolidated into one
524
JOURNAL OF THE SENATE,
school except as provided hereinafter. In the event the county board of education of any such county shall decide that two or more schools should be consolidated into one school, such decision shall be submitted to the State Board of Education. The State Board shall then appoint a commission for the purposes hereinafter provided. Said commission shall be composed of not more than five members. The commission shall be created within 20 days of the receipt of the aforesaid decision. The commission shall study the proposal of the board of education of the affected county and shall visit said county and seek to familiarize itself with the facts and circumstances involved. The members of the commission shall be paid the sum of $20.00 per day for each day on which they perform their duties under this Act, and in addition thereto, shall receive their actual expenses incurred while engaged in the per formance of their duties. All such payments shall be made by the board of education of the affected county, and shall be a legal expenditure of funds by said board. The sole duty of the commission shall be to de termine the location which it deems best suited for a consolidated school. The commission shall render its decision within 30 days from the date of its creation, and shall submit its decision within such time to the State Board of Education, and an exact copy thereof to the county board of education of the affected county, and an exact copy thereof to the ordinary of the affected county.
It shall be the duty of the ordinary to issue the call for an election within 10 days after receipt of the aforesaid copy. He shall set the date of the election for a day not less than 20 nor more than 30 days from the date of the issuance of the call. The purpose of the election shall be for the purpose of submitting the question of .location to the voters of the county. The ordinary shall cause the date and purpose of the election to be published once a week for 2 weeks immediately preceding the date thereof, in the official organ of the county. The ballot shall have printed thereon the words:
"For location of (here list the names of the schools which are proposed to be consolidated) at (here place the location decided upon by the commission).
"Against location of (here list the names of the schools which are proposed to be consolidated) at (here place the location decided upon by the commission)."
If a majority of those persons voting in such election vote in the affirmative, the county board of education shall then proceed with the procedure necessary to effect the consolidation at such location. If less than a majority of those persons voting in such election vote in the affirmative, no consolidation of such schools shall be effected at such location or at any other location, and the county board of education shall not attempt to consolidate any of such schools within a period of one year from the date of the election. The expense of such elec tion shall be borne by the county. It shall be the duty of the ordinary to hold and conduct such election. It shall be the duty of the ordinary to canvass the returns and declare and certify the results of the election. It shall be his further duty to certify the results thereof to the Secretary of State.
Section 2. This Act shall become effective upon its passage and approval by the Governor, or its otherwise becoming a law, and all
WEDNESDAY, FEBRUARY 8, 1956
525
building or construction of any nature or any new consolidation project thereafter in any such county shall be postponed until the entire pro cedure of this Act shall be followed. Provided, however, that in the event the entire membership of the Board of Education in any such county, by unanimous concurring vote, agree on a location, it shall not be necessary that the provisions of this Act be followed.
Section 3. All laws an dparts of laws in conflict with this Act are hereby repealed.
On the adoption of the substitute, the ayes were 40, nays 0.
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.
Senator Davis of the 42nd asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Industry and Labor, read the second time and recommitted:
SB 88. By Senators Davis of the 42nd, Hollis of the 24th and Overby of the 33rd:
A bill to amend Section 114-706 of the 1933 code of Georgia providing for hearings regarding disagreements in connection with workmen's compensation, by providing that, after notice of such hearings, either party may take the deposition of any person upon oral examination or written interrogatories for the purpose of discovery; and for other purposes.
The consent was granted.
* SB 84. By Senators McBride of the 10th, Harden of the 27th, Jones of the 23rd
and others:
A bill to create and organize a new judicial circuit for the State of Georgia to be known as the Dougherty Judicial Circuit to be composed of the County of Dougherty; and for other purposes.
Senator Reynolds of the 8th moved that consideration of SB 84 be postponed until February 9th and the motion prevailed.
Senator Brooks of the 50th asked unanimous consent to have a committee report read.
The consent was granted and the following committee report was read by the secretary:
526
JOURNAL OF THE SENATE,
Mr. Morrison of the 15th District, Chairman of the Committee on Public Utilities and Transportation, submitted the following report:
Mr. President:
.,
Your Committee on Public Utilities and Transportation have had under con sideration the following bill of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
SB 151. Do Pass.
Respectfully submitted,
Morrison of 15th District,
Chairman.
Senator Turner of the 34th asked unanimous consent that the following bill of the House be withdrawn from the Committee on County and Municipal Gov ernments, read the second time and recommitted:
HB 198. By Mr. Fain of Franklin:
A bill to repeal an act creating the office of Commissioner of Roads and Bridges and a Board of Finance for Franklin County; and for other purposes.
,1- The cons'e. nt was'g'r" anted.
Senator McDonald of the 43rd asked unanimous consent that the following bill of the House be withdrawn from the Committee on Judiciary, read the second time and recommitted:
HB 183. By Mr. Campbell of Walker and others:
A bill to amend an act relating to the issuance of marriage licenses; and for other purposes.
The consent was granted.
SB 120. By Senators Steis of the 25th and Ricketson of the 19th:
A bill to provide for the issuance of automobile license tags to disabled 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 39, nays 0.
'"
The bill, having received the requisite constitutional majority, was passed.
SB 133. By Senators Millican of the 52nd, Lovett of the 16th and Hollis of the 24th:
A bill to amend the act creating a Department of Public Safety for
WEDNESDAY, FEBRUARY 8, 1956
527
Georgia by changing the duties of the Georgia State Patrol so that the patrol is required to devote its time mainly to patrolling the roads, con trolling traffic, and related matters and not to aid local law enforce ment in other matters unless specifically authorized and directed to do so by the Director 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.
HB 184. By Mr. Groover of Bibb and others:
A bill to repeal an act entitled "An act to create the Georgia Citizens Council, to coordinate volunteer civilian war and post-war programs and to promote the development of human resources in the state"; and for other purposes.
The report 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 192. By Mr. Groover of Bibb and others:
A bill to amend an act providing a uniform method of fixing, limiting and restricting the salaries, allowances and travel expenses of certain state officials, so as to provide that additional compensation for board membership shall not be authorized unless the act or resolution creating same shall specifically provide for such additional compensation; and for other purposes.
The Committee on Rules offered the following substitute:
A BILL
To be entitled an Act to amend an Act providing for a uniform method of fixing, limiting and restricting the salaries, allowances and travel expenses of certain State officials, approved March 12, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 613), as amended by an Act ap proved February 9, 1955 (Ga. Laws 1955, p. 167), and an Act approved February 28, 1955 (Ga. Laws 1955, p. 267), so as to change the pro visions as to compensation; to specify certain ex officio offices for which compensation under the provisions of this Act shall not be paid; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act providing for a uniform method of fixing, limit ing and restricting the salaries, allowances and travel expenses of cer-
528
JOURNAL OP THE SENATE,
tain State officials, approved March 12, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 613), as amended by an Act approved February 9, 1955 (Ga. Laws 1955, p. 167), and an Act approved February 28, 1955 (Ga. Laws 1955, p. 267), is hereby amended by striking paragraph (c) of Section 1 in its entirety, and in lieu thereof inserting the following:
"(c) In addition to the foregoing, each of the above named officials shall be paid $240.00 annual compensation, payable in semi-monthly installments, for each ex officio office created by law and held by each such officer, provided the Attorney General of Georgia certifies to the State Auditor the legal citation for each ex officio office. Any such ex officio office created by law subse quent to July 1, 1956 must specifically provide for compensation in order for such payment to be made therefor. The State Auditor is hereby directed to make a detailed statement pf these items in each annual audit of each of the respective State agencies. Pro vided, however, that if any such official is performing duties desig nated under any other title under a statute wherein a specific amount of compensation or allowance is provided therefor, such official shall receive, as an allowance, such amount in addition to that authorized by this Act, but shall not receive credit therefor under this paragraph. Provided further, however, that membership on the following shall not entitle any such official to receive the $240.00 annual compensation: (1) Board of Election Commissioners to Canvass Votes in United States Senatorial Elections; (2) Coun cil to Investigate Incompetency of Comptroller General or State Treasurer; (3) State Forest Fire Emergency Commission; (4) State War Ballot Commission; (5) State Art Commission; (6) Council to Investigate Suspension of State Revenue Commissioner; (7) State Programs Study Committee; and (8) Vocational Trade School Building Authority."
Section 2. This Act shall become effective July 1, 1956.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the substitute, the ayes were 36, nays 0.
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.
SB 90. By Senator McDonald of the 43rd:
A bill to authorize the clerk of the superior court or the ordinary of any county of the state to install and use photostatic equipment or other photographic equipment in copying; and for other purposes.
The Committee on Judiciary offered the following substitute:
WEDNESDAY, FEBRUARY 8, 1956
529
A BILL
"To be entitled an Act to authorize the Clerk of the Superior Court or the Ordinary of any county of this State, with the approval of the governing authority of said county, to install and use photostatic equip ment or other photographic equipment in copying and furnishing copies of any and all instruments, records and proceedings or parts of the same of record or on file in said office; to provide that such equipment may be provided by the proper and responsible county governing au thorities ; to repeal conflicting laws; and for other purposes.
"BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
"Section 1. The Clerk of the Superior Court, or the Ordinary of any county of this State, with the approval of the governing authority of said county may install and use photostatic equipment or other photographic equipment in recording, copying and furnishing copies of any and all instruments, records and proceedings or parts of the same, of record or on file in said office. Such equipment and supplies for the same may be provided by the proper and respective county authorities out of county funds. The provisions of this Act for the installation and use of such equipment shall be construed to be permissive only, and are cumulative of existing provisions of law. Provided, however, that should such equipment be purchased as authorized herein, the use of such equip ment shall be mandatory insofar as practical.
"Section 2. All provisions of existing law relating to the filing, docketing, recording, keeping, copying, binding, indexing, certifica tion and the furnishing of copies of record, including certified copies, and those relating to the amount of fees of officers in connection there with, shall, as far as may be consistent with the provisions of this Act, apply to such photostatic, photographic and micro records and copies.
"Section 3. No provision of this Act shall be construed to change or repeal any rule of court or provision of law relating to records on appeal or review in the courts of this State.
"Section 4. All laws and parts of laws in conflict with this Act are hereby repealed."
On the adoption of the substitute, the ayes were 41, nays 0.
The report of the committee, which are favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Overby of the 33rd moved that the Senate do now adjourn until 10:30 o'clock tomorrow morning and the motion prevailed.
The president announced the Senate adjourned until 10:30 o'clock tomorrow morning.
530
JOURNAL OF THE SENATE,
Senate Chamber, Atlanta, Georgia, Thursday, February 9, 1956.
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 Dr. H. B. Bell, Sr.
By unanimous consent the call of the roll was dispensed with.
Senator Steis of the 25th 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 Overby of the 33rd 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. Third reading and consideration of local uncontested bills and resolutions. 6. Third reading and consideration of general 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 124. By Messrs. McWhorter, Rutland and Mackay of DeKalb: A bill to amend, revise, supersede, and consolidate the laws pertaining to the Governing Authority of DeKalb County, and for other purposes.
HB 243. By Messrs. Moate of Hancock, Willingham of Cobb and others:
A bill to make General Appropriations to pay the cost of operations of the State Government for the ensuing fiscal year, and for other purposes.
HB 244. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to enable DeKalb County to establish a planning commission and to enable the several municipalities lying wholly within the limits of
THURSDAY, FEBRUARY 9, 1956
531
DeKalb County to establish joint planning commissions, and for other purposes.
HB 245. By Messrs. McWhorter, Rutland and Mackay of DeKalb:
A bill to amend an Act to create and establish in DeKalb County Dis tricts from which the members of the County Board of Education shall be elected, and for other purposes.
HB 246. By Messrs. McWhorter, Rutland and Mackay of DeKalb:
A bill to fix, prescribe and establish compensation and/or salaries of the Elective County Officials of DeKalb County, and for other purposes.
HB 379. By Messrs. Blalock and Foster of Clayton:
A bill to create a new judicial circuit for the State of Georgia, to be known as the Clayton Judicial Circuit, and for other purposes.
HB 382. By Messrs. Moate of Hancock, Willingham of Cobb and Groover of Bibb:
A bill to amend the Intangible Property Tax Act of 1953, and for other purposes.
HB 432. By Mr. Parker of Appling:
A bill to amend an Act creating and establishing a new charter for the City of Baxley, and for other purposes.
HB 439. By Messrs. Murr and Jones of Sumter:
A bill to fix the compensation of the Chairman and the members of the Board of Education of all counties having a certain population, and for other purposes.
HB 440. By Messrs. Murr and Jones of Sumter:
A bill to authorize the governing authority of Sumter County to create and establish restricted zones or districts, and for other purposes.
HB 441. By Messrs. Murr and Jones of Sumter:
A bill to authorize the mayor and city council of the City of Americus to advertise and promote the agricultural, industrial, historic, recre ational and natural resources of the State of Georgia, and for other purposes.
HB 443. By Messrs. Potts and Stripling of Coweta:
, A bill to amend an act relating to the regulation of the installation of warm air heating and equipment in counties with a certain population, and for other purposes.
HB 445. By Mr. Bloodworth of Houston:
A bill to amend an act to create a new charter for the City of Perry in the County of Houston, and for other purposes.
532
JOURNAL OP THE SENATE,
HB 452. By Mr. Pettey of Pulaski:
A bill to amend an act creating the office of Commissioner of Roads and Revenues of Pulaski County, and for other purposes.
HB 453. By Mr. Singer of Stewart:
A bill to amend an act creating and establishing a new charter for the City of Richland, and for other purposes.
HB 455. By Messrs. Pickard of Muscogee and Duncan of Carroll:
A bill to provide that no person shall construct or operate in intrastate commerce within this State any pipeline without first obtaining a cer tificate from the Georgia Public Service Commission, and for other purposes.
HB 458. By Messrs. Mackay, Rutland and McWhorter of DeKalb:
A bill to repeal an act entitled an Act to create and establish the City Court of Decatur, and for other purposes.
HB 460. By Messrs. Mackay, Rutland and McWhorter of DeKalb:
A bill to amend an act creating the Civil Court of DeKalb County, and for other purposes.
HB 461. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to amend an act to create and establish the City Court of Decatur, and for other purposes.
HB 462. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to amend an act providing for the appointment of special Criminal Bailiffs in counties having a certain population; and for other purposes.
HB 463. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to amend an act establishing the City of Avondale Estates; and for other purposes.
HB 464. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to amend the Charter of the City of Stone Mountain; and for other purposes.
HB 465. By Mr. Bagby of Paulding:
A bill to amend the several acts incorporating the City of Dallas; and for other purposes.
HB 466. By Mr. Stewart of Ben Hill:
A bill to amend the charter of the City of Fitzgerald; and for other purposes.
THURSDAY, FEBRUARY 9, 1956
533
HB 468. By Mr. Edenfield of Mclntosh:
A bill to amend an act relating to the regulation of the installation of warm air heating equipment in counties having a certain population; and for other purposes.
HB 483. By Messrs. Murr and Jones of Sumter:
A bill relative to zoning and planning for the City of Americus and Sumter County; and for other purposes.
HR 40. By Mr. Kitchens of Twiggs:
A resolution designating a certain bridge as the "Mark FitzpatrickJim Duncan Bridge"; and for other purposes.
HR 58. By Mr. Underwood of Bartow:
A resolution to compensate Leon Lewis for damages to his farm ma chinery; and for other purposes.
HR 68. By Messrs. Gunter and Williams of Hall:
A resolution to compensate T. Q. Jones and Mrs. Valie Jones for injuries and property damages, and for other purposes.
HR 90. By Messrs. Cheatham, Eyler and Sognier of Chatham:
A resolution authorizing compensation to Theolia F. Todd for damages, and for other purposes.
HR 185. By Messrs. Moate of Hancock, Groover of Bibb and others:
A resolution to declare the Supreme Court decisions of May 17, 1954 and May 31, 1955 in the school segregation cases and all similar deci sions by the Supreme Court null, void and of no effect; and for other purposes.
SB 41. By Senator Harrison of the 17th and others:
A bill to amend an act entitled an act to incorporate the Baptist Church at Buck Head, in the County of Burke; and for other purposes.
SB 85. By Senator Matthews of the 47th:
A bill to consolidate the offices of Tax Receiver and Tax Collector of Colquitt County into the office of Tax Commissioner; and for other purposes.
SB 87. By Senator Millican of the 52nd:
A bill to amend the act approved Feb. 15, 1952 creating a Joint CityCounty Board of Tax Assessors in counties having a certain population; and for other purposes.
534
JOURNAL OF THE SENATE,
The following bills were introduced, read the first time and referred to committees:
SB 157. By Senator Richardson of the 13th:
A bill to require itinerant agricultural produce dealers to be bonded; and for other purposes.
Referred to the Committee on Agriculture and Natural Resources.
SB 158. By Senator Richardson of the 13th:
A bill to provide for the licensing and bonding of dealers in agricultural products; and for other purposes.
Referred to the Committee on Agriculture and Natural Resources.
SB 159. By Senator Millican of the 52nd:
A bill to amend the act creating a Joint City-County Board of Tax Assessors in all counties having within its borders all or the greater part of the population of 300,000 or more, according to the United States Census of 1950 or any future United States Census so as to provide for a public record of assessments on real estate; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 160. By Senator Parker of the 20th:
A bill to provide that loads of pulpwood shall be chained or cabled with not less than two (2) chains or cables; and for other purposes.
Referred to the Committee on Agriculture and Natural Resources.
SB 161. By Senator Page of the 1st:
A bill to amend Section 84-710 of the 1933 Code of Georgia relating to the licensing of certain dentists of other States without examination so as to provide for the licensing without examination of dentists for the sole purpose of practicing public health dentistry; and for other pur poses.
Referred to the Committee on Health and Welfare.
HB 124. By Messrs. McWhorter, Rutland and Mackay of DeKalb:
A bill to amend, revise, supersede and consolidate the laws pertaining to the governing authority of DeKalb County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 243. By Messrs. Moate of Hancock, Willingham of Cobb and others:
A bill to make general appropriations to pay the cost of operations of the state government for the ensuing fiscal year; and for other purposes.
Referred to Committee on Appropriations.
THURSDAY, FEBRUARY 9, 1956
535
HB 244. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to establish a planning commission and to enable the several municipalities lying wholly within the limits of DeKalb County to estab lish joint planning commissions; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 245. By Messrs. McWhorter, Rutland and Mackay of DeKalb:
A bill to amend an act to create and establish in DeKalb County districts from which the members of the County Board of Education shall be elected; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 246. By Messrs. McWhorter, Rutland and Mackay of DeKalb:
A bill to prescribe, fix and establish compensation and/or salaries of the elective county officials of DeKalb County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 379. By Messrs. Blalock and Foster of Clayton: A bill to create a new judicial circuit for the state of Georgia, to be known as the Clayton Judicial Circuit; and for other purposes.
Referred to Committee on Judiciary.
HB 382. By Messrs. Moate of Hancock, Willingham of Cobb and Groover of Bibb: A bill to amend the Intangible Property Tax Act of 1953; and for other purposes.
Referred to Committee on Finance.
HB 432. By Mr. Parker of Appling: A bill to amend an act creating and establishing a new charter for the City of Baxley; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 439. By Messrs. Murr and Jones of Sumter:
A bill to fix the compensation of the chairman and the members of the Board of Education of all counties having a certain population; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 440. By Messrs. Murr and Jones of Sumter:
A bill to authorize the governing authority of Sumter County to create and establish restricted zones or districts; and for other purposes.
Referred to Committee on County and Municipal Governments.
536
JOURNAL OF THE SENATE,
HB 441. By Messrs. Murr and Jones of Sumter:
A bill to authorize the mayor and city council of the city of Americus to advertise and promote the agricultural, industrial, historic, recre ational and natural resources of the State of Georgia; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 443. By Messrs. Potts and Stripling of Coweta:
A bill to amend an act relating to the regulation of the installation of warm air heating and equipment in counties with a certain population; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 445. By Mr. Bloodworth of Houston:
A bill to amend an act to create a new charter for the City of Perry in the county of Houston; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 452. By Mr. Pettey of Pulaski: A bill to amend an act creating the office of Commissioner of Roads and Revenues of Pulaski County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 453. By Mr. Singer of Stewart: A bill to amend an act creating and establishing a new charter for the City of Richland; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 455. By Messrs. Pickard of Muscogee and Duncan of Carroll: A bill to provide that no person shall construct or operate in intrastate commerce within this state any pipeline without first obtaining a cer tificate from the Georgia Public Service Commission; and for other purposes.
Referred to Committee on Industry and Labor.
HB 458. By Messrs. Mackay, Rutland and McWhorter of DeKalb: A bill to repeal an act entitled an act to create and establish the city court of Decatur; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 460. By Messrs. Mackay, Rutland and McWhorter of DeKalb: A bill to amend an act creating the civil court of DeKalb County; and for other purposes.
Referred to Committee on County and Municipal Governments.
THURSDAY, FEBRUARY 9, 1956
537
HB 461. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to amend an act to create and establish the city court of Decatur; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 462. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to amend an act providing for the appointment of special criminal bailiffs in counties having a certain population; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 463. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to amend an act establishing the City of Avondale Estates; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 464. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to amend the charter of the City of Stone Mountain; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 465. By Mr. Bagby of Paulding:
A bill to amend the several acts incorporating the City of Dallas; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 466. By Mr. Stewart of Ben Hill:
A bill to amend the charter of the City of Fitzgerald; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 468. By Mr. Edenfield of Mclntosh:
A bill to amend an act relating to the regulation of the installation of warm air heating equipment in counties having a certain population; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 483. By Messrs. Murr and Jones of Sumter:
A bill relative to zoning and planning for the City of Americus and Sumter County; and for other purposes.
Referred to Committee on County and Municipal Governments.
538
JOURNAL OF THE SENATE, .
HR 40. By Mr. Kitchens of Twiggs:
A resolution designating a certain bridge as the "Mark Fitzpatrick-Jim Duncan Bridge"; and for other purposes.
Referred to Committee on Highways.
HR 58. By Mr. Underwood of Bartow:
A resolution to compensate Leon Lewis for damages to his farm ma chinery; and for other purposes.
Referred to Committee on Appropriations.
HR 68. By Messrs. Gunter and Williams of Hall: A resolution to compensate T. O. Jones and Mrs. Valie Jones for injuries and property damage; and for other purposes.
Referred to Committee on Appropriations.
HR 90. By Messrs. Cheatham, Eyler and Sognier of Chatham: A resolution authorizing compensation to Theolia F. Todd for damages; and for other purposes.
Referred to Committee on Appropriations.
HR 185. By Messrs. Moate of Hancock, Groover of Bibb and others:
A resolution to declare the Supreme Court decisions of May 17, 1954 and May 31,1955 in the school segregation cases and all similar decisions by the Supreme Court null, void and of no effect; and for other pur poses.
Referred to Committee on Rules.
Mr. Turner of the 34th District, Chairman of the Committee on County and Municipal Governments, submitted the following report:
Mr. President:
Your Committee on County and Municipal Governments has had under con sideration the following bills and resolutions of the Senate and House and have instructed me as Chairman, to report the same back to the Senate with the fol lowing recommendations:
SB 138. Do Pass.
SB 137. Do Pass.
HB 399. Do Pass.
HB 417. Do Pass.
HR 12. Do Pass.
HB 371. Do Pass.
HB 405. Do Pass.
THURSDAY, FEBRUARY 9, 1956
539
HB 392. Do Pass. HB 410. Do Pass. HB 365. Do Pass. HR 52-163a. Do Pass. HR 67-200b. Do Pass. HB 406. Do Pass. HB 403. Do Pass. HR 53-163b. Do Pass. HB 411. Do Pass. HB 285. Do Pass. HB 415. Do Pass.
Respectfully submitted, Turner of 34th District, Chairman.
Mr. Dean of the 40th District, Chairman of the Committee on Agriculture and Natural Resources, submitted the following report:
Mr. President:
Your Committee on Agriculture and Natural Resources have had under con sideration the following bills of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 145. Do Pass.
HB 208. Do Pass.
HB 313. Do Not Pass.
Respectfully submitted,
Dean of 40th District,
.
Chairman.
Mr. Clary of the 29th District, Chairman of the Committee on Industry and Labor, submitted the following report:
Mr. President:
Your Committee on Industry and Labor have had under consideration the following bills of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 106. Do Not Pass.
SB 73. Do Not Pass.
SB 94. Do Not Pass.
540
JOURNAL OF THE SENATE,
SB 88. Do Pass.
Respectfully submitted, Clary of 29th District, Chairman.
Mr. Harden of the 27th District, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules have had under consideration the following bills and resolution of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 152. Do Pass.
SB 156. Do Pass.
SR 45. Do Pass.
Respectfully submitted,
Harden of 27th District,
Vice-Chairman.
Mr. Harrison of the 17th District, Chairman of the Committee on Health and Welfare, submitted the following report:
Mr. President:
Your Committee on Health and Welfare 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 136. Do Pass.
SB 80. Do Pass.
SB 69. Do Not Pass.
Respectfully submitted,
Harrison of 17th District,
Chairman.
Mr. Morrison of the 15th District, Chairman of the Committee on Public Utilities and Transportation, submitted the following report:
Mr. President:
Your Committee on Public Utilities and Transportation have had under con sideration the following bills of the Senate and House and have instructed me as Chairman, to report the same back to the Senate with the following recom mendations :
SB 72. Do Not Pass.
HB 267. Do Pass.
THURSDAY, FEBRUARY 9, 1956
541
HB 268. Do Pass.
Respectfully submitted, Morrison of 15th District, Chairman.
Mr. Hollis of the 24th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. President:
Your Committee on Judiciary have had under consideration the following bills and resolutions of the House and Senate and have instructed me as Chair man, to report the same back to the Senate with the following recommendations:
SB 155. Do Pass. HB 73. Do Pass. HB 168. Do Pass. HB 27. Do Pass. HB 294. Do Pass. HB 86. Do Pass. HB 353. Do Pass. HB 190. Do Pass. HB 351. Do Pass. HB 234. Do Pass. HR 32-96e. Do Pass.
Respectfully submitted, Hollis of 24th District, Chairman.
Mr. Brooks of the 50th District, Chairman of the Committee on Senate Ad ministrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs have had under considera tion the following resolution of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendation:
SR 35. Do Pass.
Respectfully submitted,
Brooks of 50th District,
Chairman.
Mr. Brooks of the 50th District, Chairman of the Committee on Senate Ad ministrative Affairs, submitted the following report:
542
JOURNAL OF THE SENATE,
Mr. President:
Your Committee on Senate Administrative Affairs 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 52.
SB 90.
SB 120.
SB 132.
SB 133.
Respectfully submitted,
Brooks of the 50th District,
Chairman.
The following bills and resolutions, favorably reported by the committees, were read the second time:
SB 80. By Senator Overby of the 33rd:
A bill to amend Section 88-101 of the 1933 Code of Georgia relating to the compensation of the members of the State Board of Health so as to increase the compensation of the members of said Board; and for other purposes.
SB 136. By Senator Parker of the 20th:
A bill providing a method by which employees of certain hospitals and institutions may obtain goods and services; and for other purposes.
SB 137. By Senator Lovett of the 16th:
A bill to: amend the act creating a new charter for the City of Dublin so as to provide that the ad valorem tax levy for the support and main tenance of the city schools shall be seven and one-half mills; and for other purposes.
SB 138. By Senator Lovett of the 16th:
A bill to, provide that the Ordinary of Laurens County, Georgia, shall have a supplemental salary in addition to the fees and other compen sation to which he is now entitled; and for other purposes!
SB 152. By Senators Brooks of the 50th, Harden of the 27th, Coffin of the llth and others.
A hill to amend the act creating the Department of Public Safety and defining its duties and powers so as to provide that the State Patrol and Georgia Bureau of Investigation shall enter any County or mu nicipality, upon request of any citizen or official thereof, to make ar rests and otherwise force any laws of this State requiring segregation
THURSDAY, FEBRUARY 9, 1956
543
or segregation of the white and colored races in any manner or activity; and for other purposes.
SB 155. By Senator Lovett of the 16th:
A bill to provide that any person riding in a State Patrol car when not on official duty automatically waives all claims against the State in case of injury or damages; and for other purposes.
SB 156. By Senator Overby of the 33rd:
A bill to authorize all eligible officials and employees of the State Office Building Authority to become members of the Employee's Retirement System of Georgia; and for other purposes.
SR 45. By Senator Millican of the 52nd:
A resolution proposing an amendment to the constitution so as to change the number of days within which the governor shall submit the budget message and the general appropriation bill to the General Assembly; and for other purposes.
SB 149. By Senator Harrison of the 17th:
A bill to amend the act creating the office of tax commissioner of Jenkins County so as to increase the salary of the tax commissioner from $1,800 per annum to $2,400 per annum; and for other purposes.
SR 35. By Senator Overby of the 33rd:
A resolution creating a committee to study the advisability of construct. ing a building for the purpose of storing county and state records; and
for other purposes.
HB 73. By Mr. Sognier of Chatham and others:
A bill to add one additional judge of the Superior Court for the Eastern Judicial Circuit of Georgia; and for other purposes.
HB 86. By Mr. H. Smith of Fulton and others:
A bill to add two additional judges of the Superior Court for the Atlanta Judicial Circuit; and for other purposes.
HB 145. By Mr. Mobley of Burke and others:
A bill to amend an act konwn as the "Georgia State Warehouse Act, so as to provide a change in the bond requirement"; and for other pur poses.
HB 168. By Mr. Lavender of Elbert and others:
A bill to change the terms and the time of meeting of the superior courts of the counties of the Northern Judicial Circuit; and for other purposes.
544
JOURNAL OP THE SENATE,
HB 190. By Mr. Groover of Bibb and others:
A bill to provide all leases of state property for a term of more than one year shall be ratified by the Senate; to provide that certain leases of state property shall be reviewed by the Attorney General so as to ascertain whether the same may be cancelled.
HB 208. By Mr. Lanier of Candler and others:
A bill to provide bonded certified public weigher at tobacco warehouses; and livestock auction barns; and for other purposes.
HB 234. By Mr. Stripling of Coweta and others:
A bill to repeal an act relating to the inquiry into offenses relating to obscene matter by indictment or presentment; and for other purposes.
HB 267. By Mr. Moate of Hancock and others:
A bill to require that all common carriers of passengers for hire in intrastate travel providing waiting room and reception room facilities, shall provide separate accommodations for white and colored passengers traveling in intrastate travel; and for other purposes.
HB 268. By Mr. Moate of Bibb and others:
A bill to require that all persons traveling in intrastate travel occupy or use only the waiting rooms marked and provided for such persons; and for other purposes.
HB 285. By Mr. Dozier of Miller:
A bill to amend an act providing for the use of voting machines in Miller County; and for other purposes.
HB 294. By Mr. Barber of Colquitt:
A bill to amend an act establishing a state board for professional engineers and surveyors; and for other purposes.
HB 351. By Mr. Bentley of Cobb:
A bill to provide that a parent or guardian shall be liable for the wilful and wanton torts of his minor child in an amount not to exceed five hundred dollars.
HB 353. By Mr. Bentley of Cobb and others:
A bill to amend an act establishing juvenile courts and providing the procedure connected therewith; and for other purposes.
HB 365. By Mr. Fowler of Douglas:
A bill to permit a sheriff of any county having a population in excess of 12,000 but no more than 12,200, to delegate to the tax collector or tax commissioner of such county, the power and authority to levy and
THURSDAY, FEBRUARY 9, 1956
545
conduct judicial sales in the manner now provided by law for sales by sheriffs, etc.; and for other purposes.
HB 371. By Mr. Mathis of Lowndes and others:
A bill to provide for the use of voting machines, for casting, registering, recording and computing ballots or votes in all elections including pri maries and municipal elections in the county of Lowndes; and for other purposes.
HB 392. By Mr. Russell of Barrow:
A bill creating a Board of Commissioners of Roads and Revenues for the County of Barrow; and for other purposes.
HB 399. By Mr. Foster of Clayton and others:
A bill to amend an act creating a three member Board of Commissioners of Roads and Revenues of Clayton County; and for other purposes.
HB 403. By Mr. Ramsey of Effingham:
A bill to amend an act incorporating the Town of Rincon in the county of Effingham; and for other purposes.
HB 405. By Mr. Souter of Macon:
A bill to amend an act incorporating the town of Ideal; and for other purposes.
HB 406. By Mr. Harrell of Grady:
A bill to amend an act incorporating the City of Cairo; and for other purposes.
HB 410. By Mr. Fowler of Douglas:
A bill to authorize the governing authority of Douglas County to create and establish restricted zones or districts; and for other purposes.
HB 411. By Mr. Jones of Lumpkin:
A bill to amend an act consolidating the office of tax receiver and tax collector of Lumpkin County into the office of tax commissioner of Lumpkin County; and for other purposes.
HB 415. By Mr. Bagby of Paulding:
A bill to amend, consolidate, and supersede the several acts incorpo rating the Town of Hiram; and for other purposes.
HB 417. By Mr. Sognier of Chatham and others:
A bill to amend the charter of the mayor and aldermen of the City of Savannah; to close and sell to Taliaferro Baptist Church that portion of Macon Sereet in the City of Savannah; and for other purposes.
546
JOURNAL OF THE SENATE,
HR 12. By Mr. Odom of Camden:
A resolution authorizing the Governor to convey certain State property in 29th G.M. District in Camden County, being a part of the Santa Maria State Park Property, to the United States of America as a part of a proposed ammunition loading dump--King's Bay, near St. Mary's, Geor gia, to be used by the United States Army and Navy; and for other purposes.
HR 32. By Mr. Chambers of Richmond and others:
A resolution proposing an amendment to the constitution so as to confer upon the Supreme Court and Court of Appeals jurisdiction to review by writ of error all final judgment and adjudications rendered by Juvenile Courts; and for other purposes.
HR 52. By Mr. Matthews of Clarke and others:
A resolution authorizing and directing the state librarian to furnish certain law books to the ordinary of Clarke County; and for other pur poses.
HR 53. By Mr. Fowler of Douglas:
A resolution authorizing and directing the state librarian to furnish certain law books to Douglas County; and for other purposes.
HR 67. By Mr. Cowart of Calhoun:
A resolution authorizing and directing the state librarian to furnish certain law books to the clerk of the superior court of Calhoun County; and for other purposes.
Senator Dean of the 40th moved that the Senate disagree with the adverse report of the Committee on Agriculture and Natural Resources on the following bill of the House:
HB 313. By Mr. Cowart of Calhoun and others:
A bill to repeal an act relating to fishing on Sunday; and for other purposes.
On the motion, the ayes were 18, nays 24, and the motion was lost.
Senator Dean of the 40th gave notice that at the proper time he would move that the Senate reconsider the motion to disagree with the report.
Senator Ursrey of the 54th moved that the Senate disagree with the adverse report of the Committee on Industry and Labor on the following bill of the Senate:
SB 94. By Senator Ursrey of the 54th:
A bill to create the Southeast Georgia Gas Authority; and for other purposes.
THURSDAY, FEBRUARY 9, 1956
547
On the motion, the ayes were 1, nays 38, and the motion was lost.
Senator Garrett of the 53rd asked unanimous consent that the following bill of the House be withdrawn from the Committee on Finance, read the second time and recommitted:
HB 278. By Mr. Freeman of Monroe:
A bill to amend an act providing pensions to the firemen of the State of Georgia; and for other purposes.
The consent was granted.
The following local uncontested bills were read the third time and put upon their passage:
SB 123. By Senator Millican of the 52nd:
A bill to amend the act establishing the criminal court of Atlanta so as to require the solicitor general of said court to maintain a docket on which he shall enter all commitments made to said court from any magistrate, justice, recorder's, municipal or civil court, or any other inferior court of said county, having committing 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 83, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 124. By Senator Millican of the 52nd:
A bill to amend the act establishing a new charter for the City of Atlanta so as to increase the salary of the mayor to $20,000.00 per annum; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 127. By Senator Millican of the 52nd:
A bill to apply only to counties having a population of not less than 300,000 by the last or any future decennial census of the United States; to direct the commissioners of roads and revenues thereof to pay certain sums in addition to all other payments directed to be made by the con stitution and laws of this state, from any funds held by or available to
548
JOURNAL OF THE SENATE,
the commissioners of roads and revenues thereof and derived from sources other than 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 129. By Senators Harden of the 27th, Overby of the 33rd and Turner of the 34th:
A bill to provide that the official court reporter of the Piedmont Judicial Circuit shall be compensated on a salary basis in lieu of all fees; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 131. By Senator Paulk of the 45th:
A bill to amend the act creating the board of commissioners of roads and revenues of Irwin County by striking the last sentence of section 1 of 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 140. By Senator Matthews of the 47th:
A bill to provide that the compensation of the sheriff, the clerk of the superior court and the ordinary of Colquitt County shall be on a salary basis and to provide 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 9, 1956
549
SB 141. By Senator Millican of the 52nd: A bill to amend the act establishing a new charter for the City of At lanta so as to create the office of Comptroller for the Board of Educa tion; and for other purposes.
The report 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 142. By Senator Millican of the 52nd:
A bill to amend an act providing that cities having a population of more than 150,000 by the United States census of 1920 or any subsequent census shall furnish pensions to all officers and employees of such cities who have served twenty-five years so as to provide that former members of the pension fund who have heretofore retired for the purpose of reentering the employ of any other political subdivision of Georgia having a pension fund of its own and requiring contributions from employees, shall be entitled to receive from the board of trustees all sums con tributed by such employee or by the city to match the contribution of such employee; and for other purposes.
The report 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 Page of the 1st:
A bill to implement the provisions of the act known as the "Savannah District Authority Act" so as to confirm the powers heretofore granted to said authorities and granting to said Authority additional power; and for additional purposes.
The report 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 39. By Mr. Blackburn of Habersham:
A bill to create a Board of Commissioners of Roads and Revenues of Habersham County; and for other purposes.
550
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 151. By Messrs. Carlisle, Groover and McKenna of Bibb: A bill to vest title in the City of Macon to a certain portion of Pine Street in Square 74; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, nays 0,
The bill, having received the requisite constitutional majority, was passed.
HB 156. By Messrs. Duke and Massee of Baldwin: A bill to authorize the governing authority of the City of Milledgeville to provide for zoning and planning; and for other purposes.
The report 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 225. By Mr. Rowland of Johnson: A bill to amend an act creating the Dublin Judicial Circuit; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 253. By Mr. H. Smith of Fulton:
A bill to amend an act entitled "an act to provide for the use of voting machines for casting, registering, recording and computing ballots of votes at all elections in certain county", and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
THURSDAY, FEBRUARY 9, 1956
551
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 258. By Messrs. Lokey and H. Smith of Fulton:
A bill to amend an act authorizing the establishment of limited access highways in counties having a population of 300,000 or more; and for other purposes.
Senator Millican of the 52nd offered the following amendment:
Amend HB 258 by striking the words "billboard within 500" in line 6 of the caption, and insert "outdoor poster within 300'".
Amend Section 1, line 2, by striking the figure "500" and insert in lieu "300".
Amend Section 2, line 1, by striking the word "billboard" and insert in lieu "outdoor poster".
Strike Sub-sections D and E of Section 3.
Amend Section 5 by striking words in lines 2 and 3 "or any regula tion lawfully adopted hereunder" and by striking in line 4 of Section 5 the words "or any regulation adopted hereunder".
Amend by adding a new section to be known as Section 6 (a) and reading as follows:
"The provisions of this Act shall apply in counties having a population of 300,000, or more, according to the United States census of 1940 or any future census".
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 302. By Mr. Fain of Franklin:
A bill to amend an act incorporating the City of Royston, so as to provide the type of municipal 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
552
JOURNAL OF THE SENATE,
HB 303. By Messrs. Denson and Watson of Dougherty:
A bill to amend an act consolidating the office of tax receiver and the office of tax collector 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 32, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 304. By Messrs. Watson and Denson of Dougherty:
A bill to amend 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 39, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 307. By Mr. Bloodworth of Houston: A bill to amend an act creating a city charter for the municipality of Warner Robins; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 308. By Mr. Bloodworth of Houston: A bill to amend an act creating and establishing a charter for the City of Warner Robins; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 312. By Mr. Long of Murray:
A bill to amend an act creating a new charter for the City of Chatsworth; and for other purposes.
THURSDAY, FEBRUARY 9, 1956
553
The report 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 321. By Mr. Tarpley of Union:
A bill to amend an act creating the office of tax commissioner (Director of Taxes) of Union County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 325. By Messrs. Killian and Nightingale of Glynn:
A bill to amend an act creating a board of commissioners of roads and revenues of 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 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 329. By Messrs. Cloud and Terrell of Decatur:
A bill to amend an act establishing the city court of Bainbridge; and for other purposes.
The report 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 330. By Messrs. McKenna, Carlisle and Groover 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 36, nays 0.
554
JOURNAL OF THE SENATE,
The bill, having received the requisite constitutional majority, was passed.
HB 331. By Messrs. Fordham and Alien of Bulloch:
A bill to amend an act creating a new charter for the city of Statesboro; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 332. By Messrs. Foster and Blalock of Clayton:
A bill establishing a new charter for 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 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 334. By Messrs. Lokey, M. Smith and Hoke Smith of Fulton:
A bill to amend an act entitled "an act to provide that in Fulton County, the ordinary, sheriff, clerk of superior court, tax receiver, tax collector and county treasurer may appoint a chief deputy, or chief clerk, etc.; and for other purposes.
The Committee on County and Municipal Governments offered the following substitute:
A BILL
An Act to amend an Act approved March 24, 1939 (Ga. Laws 1939, p. 565 et seq.) entitled "An Act to provide that in Fulton County, Geor gia, the ordinary, sheriff, clerk superior court, tax receiver, tax col lector and county treasurer may appoint a chief deputy, or chief clerk, or chief assistant as the case may be: to provide that such person so appointed may serve at the will and pleasure of the person appointing the same; to provide that in the event of a vacancy occurring in any of said offices the chief clerk, chief deputy or chief assistant, as the case may be, may fill out the unexpired term; to provide that this Act be come effective upon the ratification of a constitutional amendment granting to such officers the authority to make such appointment; and for other purposes", as amended, so as to provide that the chief clerk of the court of ordinary shall be chief assistant administrative officer of the court of ordinary of Fulton County and so to fix the salary to be paid to said chief clerk; to provide that the chief deputy sheriff shall be chief assistant administrative officer to the sheriff of Fulton County; to fix the salary to be paid to the chief deputy sheriff; to increase the
THURSDAY, FEBRUARY 9, 1956
555
salary of the chief deputy clerk of the superior court; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA and it is hereby enacted by authority of the same that the Act approved March 24, 1939 (Ga. Laws 1939, p. 565 et seq.) entitled "An Act to provide that in Fulton County, Georgia, the Ordinary, Sheriff, Clerk Superior Court, Tax Receiver, Tax Collector and County Treasurer may appoint a chief deputy, or chief clerk, or chief assistant as the case may be; to provide that such person so ap pointed may serve at the will and pleasure of the person appointing the same; to provide that in the event of a vacancy occurring in any of said offices the chief clerk, chief deputy or chief assistant, as the case may be, may fill out the unexpired term; to provide that this Act be come effective upon the ratification of a constitutional amendment granting to such officers the authority to make such appointment; and for other purposes", as amended, be further amended as follows:
SECTION I. There shall be added to Section 3 the following language:
"The chief clerk to said Ordinary shall also serve as chief assistant and administrative officer of the Court of Ordinary and as such, shall aid the Judge of said Court in expediting the trans action of the business of said court in such manner as the said Ordinary thereof may direct and shall receive as compensation for such services a salary of Seven Thousand Two Hundred ($7,200.00) Dollars per year, payable in equal monthly installments out of the Treasury of Fulton County, subject to be increased or diminished by the County Commission, uniformly with the salaries of other chief deputies whose salaries are set in this amendment.",
so that said Section 3, as amended, shall read as follows:
"Section 3. Be it further enacted by the authority aforesaid, That the Ordinary serving in Fulton County shall be required to appoint from among the clerks in the office of Ordinary a chief clerk to said Ordinary and upon making such appointment it shall be spread upon the minutes of the Court of Ordinary of Fulton County, and shall likewise be spread upon the minutes of the Board of Commissioners of Roads and Revenues for Fulton County. In making said appointment said Ordinary shall appoint such chief clerk at the will and pleasure of the officer making the appoint ment, the appointment in no event to extend beyond the term of office of the person making the appointment. If the person so appointed as chief clerk, as herein provided, resigns or if by revo cation of the appointment, or for any other reason the appointment becomes vacated, the person here directed to make such appointment shall reappoint a chief clerk and notice of such reappointment shall likewise be spread upon the minutes of the Court of Ordinary and the minutes of the Board of Commissioners of Roads and Revenues. The chief clerk to said Ordinary shall also serve as chief assistant and administrative officer of the Court of Ordinary and as such, shall aid the Judge of said court in expediting the transaction of the business of said court in such manner as the said Ordinary thereof may direct and shall receive as compensation for such services a salary of Seven Thousand Two Hundred ($7,200.00) Dollars per
656
JOURNAL OP THE SENATE,
year, payable in equal monthly installments out of the Treasury of Fulton County, subject to be increased or diminished by the County Commission, uniformly with the salaries of other chief deputies whose salaries are set in this amendment."
SECTION II. There shall be added to Section 1 the following
language:
"The chief deputy sheriff shall also serve as chief assistant and administrative officer to the Sheriff of Fulton County and as such shall aid the Sheriff in expediting the transaction of the busi ness of the office of Sheriff in such manner as the Sheriff and the respective courts of said County may direct, and shall receive as compensation for such service a salary of Seven Thousand, Two Hundred ($7,200.00) Dollars per year, payable in equal monthly installments out of the Treasury of Fulton County, subject to be increased or diminished by the County Commission, uniformly with the salaries of other chief deputies whose salaries are set in this amendment.",
so that said Section 1 as amended, 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 from and after the passage of this Act the Sheriff, Tax Receiver, Tax Collector and County Treasurer in the County of Fulton shall be required to appoint from among the assistants in their respective offices a chief deputy, and upon making said appointment shall notify the Commissioners of Roads and Revenues for Fulton Coun ty, Georgia, who shall spread upon their minutes a copy of such appointment. In making said appointment said officers shall ap point such chief deputy at the will and pleasure of the officer making the appointment, the appointment in no event to extend beyond the term of office of the person making the appointment. If the person so appointed as chief deputy, as herein provided, resigns or if by revocation of the appointment, or for any other reason the appointment becomes vacated, the person here directed to make such appointment shall reappoint a chief deputy and shall notify the Commissioners of Roads and Revenues of such reappointment so that the same may be spread upon the minutes of such board. The chief deputy sheriff shall also serve as chief assistant and administrative officer to the sheriff of Fulton County and as such shall aid the sheriff in expediting the transaction of the busi ness of the office of sheriff in such manner as the sheriff and the respective courts of said County may direct, and shall receive as compensation for such service a salary of Seven Thousand Two Hundred ($7,200.00) Dollars per year, payable in equal monthly installments out of the Treasury of Fulton County, subject to be increased or diminished by the County Commission, uniformly with the salaries of other chief deputies whose salaries are set in this amendment."
SECTION III. The words and figures, Seven thousand eight hun dred dollars ($7,800.00) in lines four and five of Section 5 (b) of said Act shall be stricken and there shall be inserted in lieu thereof the words and figures, "Eight Thousand, Two Hundred ($8,200.00) Dol-
THURSDAY, FEBRUARY 9, 1956
557
lars", so that said Section 5 (b) of said Act when so amended shall read as follows:
Section 5 (b). The salary of the chief deputy clerk of the superior court, for his services as such and for his services as administrative officer of the court, shall be a total of not less than Eight Thousand, Two Hundred ($8,200.00) Dollars per year, payable in equal monthly installments out of the treasury of Pul ton County, subject to be increased or diminished by the County Commission, uniformly with the salaries of other chief deputies whose salaries are set in this amendment."
SECTION IV. All laws and parts of laws in conflict with this
Act be and the same are hereby repealed.
The substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 339. By Messrs. Young, Nilan and Pickard of Muscogee:
A bill to amend the law authorizing a fire protection system in Mus cogee 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 342. By Messrs. Stephens and Matthews of Clarke:
A bill to authorize the mayor and council of the City of Athens and the board of commissioners of roads and revenues of Clarke County to give to the United States a tract of 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 343. By Messrs. Stephens and Matthews of Clarke: A bill to amend an act creating the Athens Firemen's Pension System; and for other purposes.
558
JOURNAL OP 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 344. By Messrs. Stephens and 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.
The report 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 347. By Messrs. Stephens and Matthews of Clarke:
A bill to amend an act entitled an act to amend the charter of the town of Athens, so as to close a certain 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 349. By Mr. Peters of Meriwether:
A bill to amend an act entitled an act to incorporate the City of Man chester; and for other purposes.
The report 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 350. By Mr. Peters of Meriwether:
A bill to amend an act which incorporated 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 37, nays 0.
THURSDAY, FEBRUARY 9, 1956
559
The bill, having received the requisite constitutional majority, was passed.
HB 356. By Mr. Odom of Camden:
A bill to create the office of assistant solicitor for Camden 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 358. By Messrs. Willingham, Reed and Bentley of Cobb:
A bill to amend an act creating a new charter for the City of Smyrna; and for other purposes.
The report 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 360. By Mr. Underwood of Montgomery:
A bill to amend an act entitled an act to incorporate the Town of Ailey; and for other purposes.
The report 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 362. By Mr. Underwood of Montgomery:
A bill to amend an act creating a new charter for the Town of Mt. Vernon; and for other purposes.
The report 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.
560
JOURNAL OF THE SENATE,
HB 370. By Mr. Dean of Rockdale:
A bill to amend an act incorporating the City of Conyers; and for other purposes.
The report 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 373. By Mr. Kennedy of Tattnall:
A bill to amend an act establishing the city court of Reidsville, so as to provide for payment of the insolvent cost 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 374. By Mr. Dean of Rockdale:
A bill to amend the charter of the City of Conyers; and for other purposes.
The report 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 380. By Messrs. Watson and Denson of Dougherty:
A bill to amend an act creating and establishing a new charter for the City of Albany, so as to provide for retirement of municipal employees; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 386. By Messrs. Sognier, Cheatham and Eyler of Chatham and others: A bill to amend an act pertaining to the attendance of witnesses and
THURSDAY, FEBRUARY 9, 1956
561
the fees therefor, so as to provide for the payment of fees to any sheriff, deputy sheriff, or member of any municipal or county police force attending any court having jurisdiction to enforce penal laws of this state or attending any grand jury in certain counties; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 396. By Mr. Roughton of Washington:
A bill to amend an act creating the city court of Sandersville; and for other purposes.
The report 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 401. By Mr. Jones of Worth:
A bill to amend an act to create a new charter for the City of Sylvester; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 404. By Mr. Phillips of Walton:
A bill to amend an act creating a new charter for 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 35, 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:
562
JOURNAL OF THE SENATE,
SB 100. By Senators Harper of the 26th and Turner of the 34th:
A bill to amend the excess insurance agents law so as to require the affidavits of licensed agents issuing said policy and of the insured therein provided for to be filed with the insurance commissioner within sixty days from the issuance of such policy instead of within thirty days therefrom as provided in said law; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 84. By Senators McBride of the 10th, Harden of the 27th, Jones of the 23rd and others:
A bill to create and organize a new judicial circuit to be known as the Dougherty Judicial Circuit; to provide a judge and solicitor general; fix term of court; to amend section 24-2501 of the 1933 code of Georgia relating to judicial circuits; provide effective date; 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator McBride of the 10th asked unanimous consent that SB 84 be imme diately transmitted to the House.
The consent was granted.
SB 99. By Senators Harper of the 26th and Turner of the 34th:
A bill to amend Section 56-216 of the code, relating to participation by policy holders in the net profits of insurance companies, as amended; so as to provide that any policy containing the provisions prescribed in said code section must be approved by the insurance commissioner; to repeal conflicting laws; and for other purposes.
Senator Turner of the 34th offered the following amendment:
Amend SB 99 in title, line 5, after words "that, add wording: "the form of".
Section 1, page 1, line 7, before word "any", insert wording: "the form of".
Section 1, page 2, line 11, before word "any", insert wording: "the form of".
THURSDAY, FEBRUARY 9, 1956
563
On the adoption of the amendment, the ayes were 29, nays 0, 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 107. By Senator Millican of the 52nd:
A bill to authorize the transfer to Milledgeville State Hospital without formal commitment of persons enrolled in the Georgia Training School for mental defectives; and for other purposes.
Senator Millican of the 52nd offered the following amendment to SB 107:
Amend SB 107 by adding in Section 1, after the words "The Di rector of the State Board of Social Security may" the following words
" on recommendation and approval of the Superintendent of the Georgia State Training School for Mental Defectives",
so that said section as amended shall read as follows:
"Section 1. The Director of the State Board of Social Security may, on recommendation and approval of the Superintendent of the Georgia State Training School for mental defectives, in his discretion, order any person enrolled in the Georgia Training School for Mental Defectives at Gracewood to be transferred to the Milledgeville State Hospital. The transfer shall be made upon the order of the Director and without any formal commitment. The Director may delegate any member of the Department of Pub lic Welfare authority to make such orders of transfer."
On the adoption of the amendment, the ayes were 28, 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.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 119. By Senators Turner of the 34th and Harper of the 26th:
A bill providing that all contracts agreeing for a consideration to fur nish ambulance service in the future to any person or class of persons in this state, shall be construed as health and accident insurance con tracts, and be governed by the laws regulating health and accident insurance; and for other purposes.
564
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 110. By Senators Millican of the 52nd, Hollis of the 24th and Lovett of the 16th:
A bill to amend the act creating the State Board of Corrections so that a prisoner who is in the Milledgeville State Hospital at the expira tion of his sentence may be kept there until the superintendent of the hospital declares that his sanity has been restored or until the prisoner demands a trial of the question of lunacy and the jury finds him to be of sound mind; and for other purposes.
The report 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.
SR 41. By Senator Millican of the 52nd:
A resolution to authorize and direct the Director of the Department of Public Safety to make a study and report of his findings as to the recommendations of the Joint Economy Committee; and for other purposes.
The report 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 125. By Senator McBride of the 10th:
A bill to provide for the regulation of the sale of livestock at auction; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:
THURSDAY, FEBRUARY 9, 1956
565
SB 65. By Senators Millican of the 52nd and Turner of the 34th:
A bill to amend an act known as the voters' registration act; to provide for places of registration of voters in certain counties; to repeal con flicting laws; and for other purposes.
The House amendment was as follows:
Mr. Groover of Bibb moved to amend SB 65 by adding the following: "Provided, however, that no additional place of registration shall be within a radius of two miles of the registrar's office in any such county."
On the adoption of the amendment, the ayes were 28, nays 0, and the amendment was adopted.
SB 126. By Senators Strickland of the 3rd and Matthews of the 47th:
A bill to amend code section 92-1403 of the 1933 Code of Georgia so as to exempt kerosene or fuel oil used in curing leaf tobacco by producers within this state; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 135. By Senator Overby of the 33rd:
A bill to repeal section 84-1422 of 1933 code of Georgia relative to nonresident real estate brokers and agents; and for other purposes.
The report 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 38. By Senator Overby of the 33rd:
A resolution creating a committee to study the advisability of enacting a compulsory automobile liability insurance law; and for other pur poses.
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.
566
JOURNAL OP THE SENATE,
Senator Hollis of the 24th asked unanimous consent -that the following bill of the House be withdrawn from the Committee on Judiciary, read the second time and recommitted:
HB 363. By Mr. Groover of Bibb and others:
A bill to amend an act relating to the definition of Optometry; by pro viding a new definition therefor; and for other purposes.
The consent was granted.
SB 139. By Senator Overby of the 33rd:
A bill to define debt adjusting; to make it unlawful for any person to engage in the business of debt adjusting; and for other purposes.
The report 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 83. By Senators Florence of the 39th, Steis of the 25th, Shurling of the 21st and others:
A bill to provide for the control of the fox population in this state by the Game and Fish Commission; and for other purposes.
The Committee on Agriculture and Natural Resources offered the following amendment:
Amend SB 83 as follows:
1. By striking therefrom Section 2 and substituting in lieu thereof the following:
"Section 2. It shall be the duty of all Wildlife Rangers, For estry Rangers and other agents of the Forestry Commission and of the Unit Forestry Boards, and all other law enforcement offi cers, upon request of any person, firm, or corporation maintaining or operating sawmills, or the landowner, (as the case may be) to remove or destroy all slab piles which might be used as breeding places for foxes, after such mill has been closed, moved or dis continued."
2. By striking therefrom Section 3 and by substituting in lieu thereof the following:
"Section 3. The County Commissioners, Ordinary, or other governing authority (as the case may be) of the several counties of this State are hereby authorized, in their discretion, to institute and conduct fox control programs in addition to and supplementary of the program of fox control administered by the Game and Fish Commissoion under this Act."
THURSDAY, FEBRUARY 9, 1956
567
3. By striking therefrom Section 4 and by substituting in lieu thereof the following:
"Section 4. The County Commissioners, Ordinary, or other governing authority (as the case may be) of any county in this State are hereby authorized, in their discretion to pay out of county funds, the sum of two ($2.00) dollars as a bounty for each pair of fox ears delivered thereto; provided however, that no County ' shall be required or authorized to expend more than five hundred dollars ($500.00) in any one year under this Act."
Senator Millican of the 52nd offered the following amendment to the com mittee amendment:
Amend amendment to SB 83, section 2, lines 4 and 5, by striking words "and all other law enforcement officers".
On the adoption of the amendment to the amendment, the ayes were 28, nays 3, and the amendment was adopted.
On the adoption of the amendment as amended, the ayes were 24, nays 12, and 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 10, nays 24.
The bill, having failed to receive the requisite constitutional majority, was lost.
SR 44. By Senator McDonald of the 43rd:
A resolution to provide for the appointment of a commission of five members, one to be appointed by the president of the Senate to investi gate the business of consumer finance of personal property; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 24, nays 6.
The resolution, having failed to receive the requisite constitutional majority, was lost.
Senator McDonald of the 43rd gave notice that at the proper time he would move that the Senate reconsider its action on SR 44.
HB 10. By Mr. Roughton of Washington:
A bill to amend an act relating to barbers and beauticians; and for other purposes.
568
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 31, nays 2.
The bill, having received the requisite constitutional majority, was passed.
HB 11. By Mr. Kilgore of Gwinnett and others:
A bill to amend an act providing for the filing of a petition to the superior court or the court of ordinary by any person desirous of estab lishing the time and place of his birth and of securing the issuance of a certificate of birth, so as to repeal the provision providing for a fee to be transmitted with each certified copy of the birth certificate to the State Department of Public Health; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator McDonald of the 43rd asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Judiciary, read the second time and recommitted:
SB 153. By Senators Brooks of the 50th, Harden of the 27th, Coffin of the llth and others:
A bill to amend the act providing revenue and a source of revenue for the purpose of paying annuities and benefits to the peace officers of the State of Georgia so as to provide that any peace officer, as therein defined, who fails and refuses to enforce any laws of this state requiring segregation of the white and colored races in any manner or activity shall forfeit all retirement benefits; and for other purposes.
The consent was granted.
HB 59. By Messrs. Strickland of Toombs, Scoggin of Floyd and others:
A bill to amend code chapter 27-2 relating to arrests so as to require the arresting officer who arrests a person under a warrant to bring the accused before the person authorized to examine, commit or receive bail within 72 hours; and for other purposes.
Senators Overby of the 33rd and Millican of the 52nd offered the following amendment:
Amend HB 59, section 2, line 8, by striking 18 and inserting 72.
Change line 6 of caption accordingly.
THURSDAY, FEBRUARY 9, 1956
569
On the adoption of the amendment, the ayes were 32, nays 0, 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
The following bill of the Senate was taken up for the purpose of considering a House substitute as amended thereto:
SB 50. By Senator Zellner of the 22nd:
A bill to create a livestock disease control board; to provide for the members, duties and compensation of the members thereof; to repeal conflicting laws; and for other purposes.
The House substitute follows:
By Messrs. Mauldin of Gordon and McGarity of Henry, substitute to SB 50:
A BILL
To be'entitled an Act to create a Livestock and Poultry Disease Control Board; to provide for the members, duties and compensation of the members there; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. There is hereby created a Livestock and Poultry Dis
ease Control Board to be composed of the Commissioner of Agriculture,
ex officio, as Chairman, the Attorney General, ex officio, and the fol
lowing as members: the president of the Georgia Livestock Association;
the president of the Georgia Swine Breeders Association; the president
of the Georgia Veterinary Medical Association; the president of the
Georgia Poultry Federation; the president of the Georgia Milk Pro
ducers Association; the president of the Georgia Sheep Breeders Asso
ciation; the president, or some person designated by the president of
the Georgia Farm Bureau Federation; the president, or some person
designated by the president of the Georgia Stockyard Operators Asso
ciation; the Dean of the College of Agriculture or some person desig
nated by him; the Director of the Experimental Stations or some per
son designated by him; the Director of the Agriculture Extension Serv
ice or some person designated by him; the State Supervisor of Voca
tional Agriculture or some person designated by him; the Dean of the
School of Veterinary Medicine or some person designated by him. The
Chairman and the Attorney General shall be compensated in the amount
of $20.00 per day for each day of service on business of the Board to
be paid from the funds of the Department of Agriculture. No mem
ber shall be paid more than $240 per annum.
:
570
JOURNAL OF THE SENATE,
Section 2. The Board shall serve in an advisory capacity to the Commissioner of Agriculture in matters pertaining to livestock and poultry disease control and the Commissioner of Agriculture shall call a meeting of the Board and consult the Livestock and Poultry Disease Control Board before promulgating rules and regulations on matters pertaining to livestock and poultry disease control.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. McGarity of Henry moved to amend the substitute to SB 50 by striking the words "the attorney general ex officio", and "the attorney general", wherever it appears.
Senator Zellner of the 22nd moved that the Senate agree to the House sub stitute, as amended, to SB 50.
On the motion, the ayes were 33, nays 0, and the substitute, as amended, was adopted.
HB 65. By Mr. Scoggin of Ployd and others:
A bill to amend an act creating the State Board of Pardons and Paroles, so as to create an advisory staff as a division thereof; and for other purposes.
Senator Millican of the 52nd moved that HB 65 be postponed until February 13th and the motion prevailed.
HB 118. By Mr. Bagby of Paulding and others:
A bill to amend an act creating the State Board of Workmen's Com pensation; and for other purposes.
The report 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 3.
The bill, having received the requisite constitutional majority, was passed.
HB 127. By Mr. Moate of Hancock and others:
A bill to amend an act known as the Vocational Rehabilitation Act, so as to provide for subrogation by the State Board of Vocational Edu cation; and for other purposes.
The report 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.
THURSDAY, FEBRUARY 9, 1956
571
Senator Hollis of the 24th asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Public Utilities and Trans portation, read the second time and recommitted:
SB 145. By Senators Millican of the 52nd, Hollis of the 24th and Lovett of the 16th:
A bill to amend an act relating to the leasing and controlling of the state's property in the city of Chattanooga, Tennessee not covered by the Western and Atlantic Railroad lease so as to provide that any lease of such property for a term of more than one year shall be rati fied by a two-thirds vote of the Senate; to provide for the review of said leases by the Attorney-General; and for other purposes.
The consent was granted.
Senator Hollis of the 24th asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Educational Matters, read the second time and recommitted:
SB 146. By Senators Millican of the 52nd, Hollis of the 24th and Lovett of the 16th:
A bill to provide that all leases of state property, other than leased for educational purposes, for a term of more than one year shall be ratified by the Senate; to provide for the review of said leases by the attorney general; and for other purposes.
The consent was granted.
HB 171. By Mr. Freeman of Monroe and others:
A bill to amend an act providing for the payment of maternity home and foster home care for pregnant, unmarried mothers, and to pro vide for the utilization of any federal monies now available; and for other purposes.
The report 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 193. By Messrs. Groover of Bibb, Lavender of Elbert and others:
A bill to amend an act relating to the distribution of laws and journals for civil officers of each county; and for other purposes.
The Committee on Judiciary offered the following amendment:
Amend HB 193 by adding in Section 1, after the word "judge", the words "one copy for the Clerk of the Superior Court" and by adding a new sentence to read as follows:
572
JOURNAL OF THE SENATE,
"Each member of the General Assembly shall also be entitled to one copy, to be mailed to such member."
On the adoption of the amendment, the ayes were 30, 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.
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 197. By Mr. Coker of Cherokee and others:
A bill to amend an act relating to nurses, so as to change the registra tion fee of under-graduate nurses; to change the annual validation fee of the certificate of registered nurses; and for other purposes.
The report 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 259. Mr. Lokey of Fulton and others:
A bill to amend an act relating to the filing of a written demand as a prerequisite to the bringing of any suit at law or equity against any municipal corporation for injuries to persons or property and the sus pension of the running of the statute of limitation during the time that the demand for payment is pending; and for other purposes.
The report 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 333. By Mr. Watson of Dougherty: A bill to amend an act known as the Intangible Property Tax Act, so as to change the tax rate thereunder for accounts and notes receiv able owed by a wholly-owned partnership or corporation which returns and pays ad valorem taxes on all its assets to the state of Georgia; and for other purposes.
Senator Blalock of the 36th moved that HB 333 be tabled.
On the motion to table, the ayes were 13, nays 17, and the motion was lost.
THURSDAY, FEBRUARY 9, 1956
573
Senator Hollis of the 24th moved that HB 333 be postponed until February 13th.
On the motion, the ayes were 32, nays 0, and the motion prevailed.
HB 355. By Mr. Strickland of Toombs:
A bill to amend an act relating to the compensation of surveyors and laborers for surveying disputed county lines; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HR 13. By Mr. Odom of Camden:
A resolution ratifying an easement granted by the state of Georgia to the Okefenokee Rural Electric Membership Corporation; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 31, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Harper of the 26th asked unanimous consent that the following bill of the House be withdrawn from the Committee on County and Municipal Gov ernments, read the second time and recommitted:
HB 318. By Mr. Bolton of Spalding and others:
A bill to amend the charter of the City of Griffin; and for other purposes.
The consent was granted.
HR 45. By Mr. Blackburn of Habersham:
A resolution designating a certain bridge as the "Judge I. Homer Sutton Bridge"; 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.
574
JOURNAL OF THE SENATE,
The resolution, having received the requisite constitutional majority, was adopted.
HR 48. By Mr. Moate of Hancock:
A resolution authorizing the State Revenue Commissioner to receive amended returns for the first taxable year ending on or after February 15, 1952, in accordance with the provision of former code section 92-3109 (c) (6) as set forth herein and to adjust income tax liability of a taxpayer filing such an amended return to be filed on or before June 30, 1956 and not thereafter; 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.
HR 60. By Mr. Duke of Baldwin and others:
A resolution to authorize the Governor, on behalf of the state, to nego tiate and sell a tract of state land; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 31, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Turner of the 34th asked unanimous consent to have a committee report read.
The consent was granted and the following report was read by the secretary:
Mr. Turner of the 34th District, Chairman of the Committee on County and Municipal Governments, submitted the following report:
Mr. President:
Your Committee on County and Municipal Governments has had under con sideration 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 42. Do Pass.
SB 149. Do Pass.
SB 150. Do Pass.
HB 421. Do Pass.
THURSDAY, FEBRUARY 9, 1956
575
HB 420. Do Pass. HB 419. Do Pass. HB 385. Do Pass. HB 391. Do Pass. HB 381. Do Pass. HB 427. Do Pass. HR 142-399f. Do Pass. HB 429. Do Pass.
Respectfully submitted, Turner of 34th District, Chairman.
Senator Turner of the 34th asked unanimous consent that the following bill of the Senate, favorably reported by the committee, be read the second time:
SB 149. By Senator Harrison of the 17th:
A bill to amend the act creating the office of tax commissioner of Jenkins County so as to increase the salary of the tax commissioner from $1,800 per annum to $2,400 per annum; and for other purposes.
The consent was granted.
Senator Overby bf the 33rd moved that the Senate do now adjourn until 9:30 o'clock tomorrow morning and the motion prevailed.
The president announced the Senate adjourned until 9:30 o'clock tomorrow morning.
576
JOURNAL OF THE SENATE,
Senate Chamber, Atlanta, Georgia, Friday, February 10, 1956.
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 Rev. William Carey Barker, pastor First Baptist Church, Newnan, Georgia.
By unanimous consent the call of the roll was dispensed with.
Senator Steis of the 25th reported that the journal of yesterday's proceed ings had been examined and found correct.
Senator Dean of the 40th moved that the Senate reconsider its action on the following bill of the House on yesterday:
HB 313. By Mr. Cowart of Calhoun and others:
A bill to repeal an act relating to fishing on Sunday; and for other purposes.
On the motion, the ayes were 11, nays 21, and the motion was lost.
Senator McDonald of the 43rd moved that the Senate reconsider its action in defeating the following resolution of the Senate on yesterday:
SR 44. By Senators McDonald of the 43rd, Brooks of the 50th, Dean of the
40th and others:
.-
A resolution to provide for appointment of a commission of five mem bers, to study problems of consumer finance of personal property; and for other purposes.
On the motion, the ayes were 25, nays 4, and the motion prevailed.
By unanimous consent, the reading of the journal was dispensed with and the journal was confirmed.
Senator Overby of the 33rd 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. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.
FRIDAY, FEBRUARY 10, 1956
577
The consent was granted.
Senator Clary of the 29th asked unanimous consent that the following bill of the House be withdrawn from the Committee on Appropriations, read the second time and recommitted:
HB 243. By Mr. Moate of Hancock and others:
A bill to make general appropriations to pay the cost of operations of the state government for the ensuing fiscal year; and for other pur poses.
The consent was granted.
Senator Neel of the 7th asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Public Utilities and Trans portation, read the second time and recommitted:
SB 154. By Senator Neel of the 7th:
A bill to amend the act creating a Department of Public Safety for Georgia so as to change the provisions relating to classification of public chauffeur license; 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 274. By Mr. Lanier of Candler:
A bill to amend an act providing for the issuance, suspension and revo cation of driver's licenses; and for other purposes.
HB 450. By Messrs. Gillis Treutlen, Underwood of Montgomery and Matthews of Clarke:
A bill to amend an act known as the Uniform Act regulating Traffic on Highways; and for other purposes.
HB 256. By Messrs. Lokey and H. Smith of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta, relating to elections; and for other purposes.
HB 316. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A bill to amend an act establishing a new charter for the City of Col lege Park; and for other purposes.
578
JOURNAL OF THE SENATE,
HB 317. By Messrs. H. Smith, M. Smith and Lokey of Fulton: A bill to amend an act establishing a new charter for the City of College Park; and for other purposes.
HB 418. By Messrs. H. Smith, M. Smith and Lokey of Fulton: A bill to fix the salary of the Clerk of the Superior Court of Fulton County; and for other purposes.
HB 444. By Mr. Russell of Barrow: A bill to amend an act creating a new charter for the Town of Auburn; and for other purposes.
HB 469. By Messrs. H. Smith and Lokey of Fulton: A bill to amend an act authorizing certain municipalities to enact zon ing and planning ordinances; and for other purposes.
HB 480. By Mr. Barber of Jackson: A bill to amend an act so as to change the salaries of the Judge and Solicitor of the City Court of Jefferson; and for other purposes.
HB 487. By Mr. Smith of Evans: A bill to amend an act establishing the City Court of Claxton; and for other purposes.
HB 488. By Mr. Russell of Barrow: A bill to amend an act so as to provide for the establishment of a field book system for real property identifications in the City of Winder; and for other purposes.
HB 442. By Mr. Key of Jasper:
A bill to amend an act limiting the effect of and time for enforcing conveyances of real property to secure debt; and for other purposes.
HB 340. By Mr. M. Smith of Fulton:
A bill to amend an act relating to the sale of fireworks; and for other purposes.
HB 131. By Mr. Rowland of Johnson:
A bill to amend an act so as to provide for increasing the borrowing power of credit unions; and for other purposes.
SB 98. By Senators Harden of the 27th, Davis of the 42nd, and others:
A bill to provide for changing the description of the flag of the State of Georgia; and for other purposes.
FRIDAY, FEBRUARY 10, 1956
579
HB 384. By Messrs. Moate of Hancock, Willingham of Cobb and Groover of Bibb:
A bill to amend an act, being a portion of the Income Tax Laws; and for other purposes.
HB 361. By Messrs. Hall, Scoggin and Wright of Floyd:
A bill to amend an act relating to compensation of members of county boards of education; and for other purposes.
HB 434. By Messrs. Freeman of Monroe and Blackburn of Habersham:
A bill to amend an act relating to the removal of a county superin tendent of schools from office; and for other purposes.
HB 407. By Mr. Matthews of Clarke:
A bill to amend an act relating to obscene pictures and abusive lan guage; and for other purposes.
HB 416. By Messrs. Groover of Bibb and Floyd of Chattooga:
A bill to amend an act providing for an integrated Veterans Service of Georgia; and for other purposes.
HB 257. By Mr. Lokey of Fulton:
A bill to amend an act relating to the manner of holding Public Sales of Property unler execution; and for other purposes.
HB 489. By Mr. Russell of Barrow:
A bill to amend an act establishing a new charter for the City of Winder; and for other purposes.
HB 490. By Mr. Killingsworth of Clay:
A bill to extend the jurisdiction of the Court of Ordinary of Clay County; and for other purposes.
HB 341. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A bill to amend an act relating to the abolition of Justice Courts in the City of Atlanta; and for other purposes.
HB 491. By Messrs. H. Smith, Lokey and M. Smith of Fulton:
A bill to amend an act governing the payment of pensions to county employees of Fulton County; and for other purposes.
HB 492. By Mr. Russell of Barrow:
A bill to amend an act so as to enlarge the corporate limits of the City of Winder; and for other purposes.
580
JOURNAL OF THE SENATE,
HB 494. By Messrs. Chambers, Holley and Sanders of Richmond:
A bill vesting in the City Council of Augusta power to sell and convey title to certain land; and for other purposes.
HB 495. By Messrs. H. Smith, M. Smith and Lokey of Pulton:
A bill to amend an act providing for a Budget in certain counties; and for other purposes.
HB 496. By Mr. Jordan of Wheeler:
A bill to change the compensation of the sheriff of Wheeler County; and for other purposes.
HB 497. By Mr. Fain of Franklin:
A bill to amend an act incorporating the City of Franklin Springs; and for other purposes.
HB 498. By Mr. Jordan of Wheeler:
A bill to amend an act creating the office of Tax Collector, Tax Receiver and County Treasurer of the County of Wheeler; and for other purposes.
HB 499. By Messrs. Hall, Scoggin and Wright of Floyd:
A bill to amend an act creating a new charter for the City of Rome; and for other purposes.
HB 500. By Messrs. Hall, Scoggin and Wright of Floyd:
A bill to amend an act creating a new charter for the City of Rome; and for other purposes.
HB 504. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A bill to amend an act relating to the salaries of the judges of the Superior Court of Fulton County; and for other purposes.
HB 505. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A bill to amend an act providing for a Budget in certain counties; and for other purposes.
HB 506. By Messrs. Register and Mathis of Lowndes:
A bill to amend an act redefining the corporate limits of the City of Valdosta; and for other purposes.
HB 507. By Messrs. Register and Mathis of Lowndes:
A bill to amend an act providing for the regulation of the installation of warm air heating equipment in certain counties; and for other purposes.
FRIDAY, FEBRUARY 10, 1956
581
HB 508. By Mr. Land of Wilkinson: A bill to repeal an act incorporating the Town of Allentown; and for other purposes.
HB 510. By Mr. Rodgers of Charlton: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Charlton County; and for other purposes.
HB 512. By Mr. Murphy of Haralson:
A bill to authorize the City of Bremen to levy an additional tax for educational purposes; and for other purposes.
HB 513. By Messrs. Duncan and Perkins of Carroll:
A bill to amend an act creating a new charter for the Town of Whitesburg; and for other purposes.
HB 515. By Mr. Hendrix of Long: A bill to amend an act providing that the Ordinary of Long County shall receive $50.00 per month in addition to fees; and for other pur poses.
HB 516. By Mr. Roughton of Washington: A bill to amend an act creating the charter for the City of Sandersville; and for other purposes.
HB 517. By Messrs. Matthews and Stephens of Clarke: A bill to amend an act relating to Clarke County Fire, Sanitation and Sewerage Districts, so as to extend the Atlanta-Athens Highway Dis trict; and for other purposes.
HB 518. By Messrs. Kelly and Kilgore of Gwinnett: A bill to amend an act creating a new charter for the City of Lawrenceville; and for other purposes.
HB 519. By Messrs. Perkins and Duncan of Carroll: A bill to amend an act creating the office of Commissioner of Roads and Revenues for Carroll County; and for other purposes.
HB 520. By Messrs. Duncan and Perkins of Carroll:
A bill to amend an act establishing the City Court of Carrollton; and for other purposes.
HB 521. By Messrs. Perkins and Duncan of Carroll:
A bill to amend an act creating the City Court of Carrollton; and for other purposes.
582
JOURNAL OF THE SENATE,
HB 523. By Messrs. Lokey, H. Smith and M. Smith of Pulton:
A bill to amend an act so as to fix the annual salaries of the judges of the criminal court of Fulton County; and for other purposes.
HB 524. By Messrs. Lindsey and Bolton of Spalding:
A bill to provide that the Board of Commissioners of Roads and Reve nues of Spalding County shall be the agency to cooperate with the Georgia Agricultural Extension Service in the employment of the County Agent and the County Home Demonstration Agent; and for other purposes.
HB 526. By Messrs. Lam and Birdsong of Troup:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Troup County; and for other purposes.
HB 527. By Messrs. Barber and Short of Colquitt:
A bill to amend an act so as to change the corporate limits of the City of Moultrie; and for other purposes.
HB 528. By Messrs. Willingham, Reed and Bentley of Cobb:
A bill to amend an act creating a new charter for the Town of Acworth; and for other purposes.
SB 68. By Senator Millican of the 52nd:
A bill to amend the Code so as to regulate the time and manner of qualification of candidates; and for other purposes.
SB 86. By Senator Millican of the 52nd:
>
A bill directing the Commissioners of Roads and Revenues of certain counties to pay to the Board of Education thereof promptly hereafter; and for other purposes.
SB 91. By Senators Millican of the 52nd and Turner of 34th:
A bill to amend an act establishing a new charter for the City of Atlanta; and for other purposes.
SB 121. By Senator Matthews of the 47th:
A bill to amend an act so as to authorize the Board of Commissioners of Colquitt County to provide a system of waterworks; and for other purposes.
The House has adopted the report of the Committee on Conference on the following bill of the Senate:
SB 19. By Senators Matthews of the 47th and Dean of the 40th:
A bill to amend an act to provide for Commissioner of Agriculture to establish farmers' markets; and for other purposes.
FRIDAY, FEBRUARY 10, 1956
583
HB 529. By Messrs. Groover of Bibb; Lavender of Elbert and others:
A bill to create a State Property Insurance Fund; and for other pur poses.
HB 473. By Messrs. Moate of Hancock, Harrison of Jeff Davis and others:
A bill to amend an act creating the Minimum Foundation Program of Education so as to provide a new method of electing teachers; and for other purposes.
HB 531. By Messrs. Groover of Bibb, Blalock of Clayton, and others:
A bill to amend an act so as to provide that laws, journals and reports distributed to the counties shall remain the property of the State; and for other purposes.
HB 71. By Messrs. Sognier, Cheatham and Eyler of Chatham:
A bill to require all defendants in bastardy and abandonment cases tried in Superior Courts to be tried on accusations; and for other purposes.
HB 433. By Messrs. Freeman of Monroe and Blackburn of Habersham:
A bill to amend an act relating to the powers, duties and suspension of the county superintendent of schools; and for other purposes.
HB 467. By Messrs. Groover of Bibb and Chastain of Thomas:
A bill to prescribe fees for the renewal of professional licenses; and for other purposes.
HB 485. By Messrs. Moate of Hancock, Groover of Bibb, and others:
A bill to amend an act providing a uniform method of fixing the com pensation of certain state officials; and for other purposes.
HB 486. By Messrs. Moate of Hancock, Groover of Bibb, and others:
A bill to amend an act relating to the salary of the Commissioner of Agriculture; and for other purposes.
The following bills were introduced, read the first time and referred to committees:
SB 162. By Senator Steis of the 25th:
A bill to amend the act known as the Georgia Post Mortem Examina tion Act so as to provide for the filing of death certificates by medical examiners investigating deaths; to repeal provisions relating to investi gation of deaths by County Health Officers; and for other purposes.
Referred to the Committee on Rules.
584
JOURNAL OP THE SENATE,
SB 163. By Senators Harrison of the 17th and Turner of the 34th:
A bill to amend Code Section 88-105 of the 1933 Code of Georgia relat ing to the Director of Public Health so as to change the provisions as to the compensation of the Director; and for other purposes.
Referred to the Committee on Health and Welfare.
SB 164. By Senator Turner of the 34th:
A bill to provide for the organization of cemeteries and for their regulation by Cemetery Authorities; said act to be known as the Gen eral Cemetery Act; and for other purposes.
Referred to the Committee on Health and Welfare.
HB 71. By Messrs. Sognier, Cheatham and Eyler of Chatham:
A bill to require all defendants in bastardy and abandonment cases tried in superior courts to be tried on accusations; and for other purposes.
Referred to Committee on Judiciary.
HB 131. By Mr. Rowland of Johnson:
A bill to amend an act so as to provide for increasing the borrowing power of credit unions; and for other purposes.
Referred to Committee on Finance.
HB 256. By Messrs. Lokey and H. Smith of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta, relating to elections; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 257. By Mr. Lokey of Fulton: A bill to amend an act relating to the manner of holding public sales of property under execution; and for other purposes.
Referred to Committee on Judiciary.
HB 274. By Mr. Lanier of Candler:
A bill to amend an act providing for the issuance, suspension, and revo cation of driver's licenses; and for other purposes.
Referred to Committee on Judiciary.
HB 316. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A bill to amend an act establishing a new charter for the City of College Park; and for other purposes.
Referred to Committee on County and Municipal Governments.
FRIDAY, FEBRUARY 10, 1956
585
HB 317. By Mesrs. H. Smith, M. Smith and Lokey of Fulton: A bill to amend an act establishing a new charter for the City of College Park; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 340. By Mr. M. Smith of Fulton:
A bill to amend an act relating to the sale of fireworks; and for other purposes.
Referred to Committee on Judiciary.
HB 341. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A bill to amend an act relating to the abolition of justice courts in the city of Atlanta; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 361. By Messrs. Hall, Scoggin and Wright of Floyd:
A bill to amend an act relating to compensation of members of county boards of education; and for other purposes.
Referred to Committee on Educational Matters.
HB 384. By Messrs. Moate of Hancock, Willingham of Cobb and Groover of Bibb:
A bill to amend an act, being a portion of the income tax laws; and for other purposes.
Referred to Committee on Finance.
HB 407. By Mr. Matthews of Clarke:
A bill to amend an act relating to obscene pictures and abusive language; and for other purposes.
Referred to Committee on Judiciary.
HB 416. By Messrs. Groover of Bibb and Floyd of Chattooga:
A bill to amend an act providing for an integrated veterans service of Georgia; and for other purposes.
Referred to Committee on Defense and Veterans Affairs.
HB 418. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A bill to fix the salary of the clerk of the superior court of Fulton County; and for other purposes.
Referred to Committee on County and Municipal Governments.
586
JOURNAL OF THE SENATE,
HB 433. By Messrs. Freeman of Monroe and Blackburn of Habersham:
A bill to amend an act relating to the powers, duties and suspension of the county superintendent of schools; and for other purposes.
Referred to Committee on Educational Matters.
HB 434. By Messrs. Freeman of Monroe and Blackburn of Habersham:
A bill to amend an act relating to the removal of a county superintendent of schools from office; and for other purposes.
Referred to Committee on Educational Matters:
HB 442. By Mr. Key of Jasper:
A bill to amend an act limiting the effect of and time for enforcing con veyances of real property to secure debt; and for other purposes.
Referred to Committee on Judiciary.
HB 444. By Mr. Russell of Barrow:
A bill to amend an act creating a new charter for the Town of Auburn; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 450. By Messrs. Gillis of Treutlen, Underwood of Montgomery and Matthews of Clarke:
A bill to amend an act known as the uniform act regulating traffic on highways; and for other purposes.
Referred to Committee on Judiciary.
HB 467. By Messrs. Groover of Bibb and Chastain of Thomas:
A bill to prescribe fees for the renewal of professional licenses; and for other purposes.
Referred to Committee on Judiciary.
HB 469. By Messrs. H. Smith and Lokey of Fulton:
A bill to amend an act authorizing certain municipalities to enact zoning and planning ordinances; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 473. By Messrs. Moate of Hancock, Harrison of Jeff Davis and others:
A bill to amend an act creating the Minimum Foundation Program of Education so as to provide a new method of electing teachers; and for other purposes.
Referred to Committee on Educational Matters.
FRIDAY, FEBRUARY 10, 1956
587
HB 480. By Mr. Barber of Jackson:
A bill to amend an act so as to change the salaries of the judge and solicitor of the city court of Jefferson; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 485. By Messrs. Moate of Hancock, Groover of Bibb and others:
A bill to amend an act providing a uniform method of fixing the compen sation of certain state officials; and for other purposes.
Referred to Committee on Rules.
HB 486. By Messrs. Moate of Hancock, Groover of Bibb and others:
A bill to amend an act relating to the salary of the Commissioner of Agriculture; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 487. By Mr. Smith of Evans:
A bill to amend an act establishing the city court of Claxton; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 488. By Mr. Russell of Barrow:
A bill to amend an act so as to provide for the establishment of a field book system for real property identifications in the city of Winder; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 489. By Mr. Russell of Barrow:
A bill to amend an act establishing a new charter for the City of Winder; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 490. By Mr. Killingsworth of Clay:
A bill to extend the jurisdiction of the court of ordinary of Clay County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 491. By Messrs. H. Smith, Lokey and M. Smith of Fulton:
A bill to amend an act governing the payment of pensions to county em ployees of Fulton County; and for other purposes.
Referred to Committee on County and Municipal Governments.
588
JOURNAL OF THE SENATE,
HB 492. By Mr. Russell of Barrow:
A bill to amend an act to amend an act so as to enlarge the corporate limits of the City of Winder; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 494. By Messrs. Chambers, Holley and Sanders of Richmond:
A bill vesting in the city council of Augusta power to sell and convey title to certain land; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 495. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A bill to amend an act providing for a budget in certain counties; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 496. By Mr. Jordan of Wheeler:
A bill to change the compensation of the sheriff of Wheeler County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 497. By Mr. Fain of Franklin:
A bill to amend an act incorporating the City of Franklin Springs, and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 498. By Mr. Jordan of Wheeler:
A bill to amend an act creating the offices of tax collector, tax receiver and county treasurer of the County of Wheeler; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 499. By Messrs. Hall, Scoggin and Wright of Floyd:
A bill to amend an act creating a new charter for the City of Rome; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 500. By Messrs. Hall, Scoggin and Wright of Floyd:
A bill to amend an act creating a new charter for the City of Rome; and for other purposes.
Referred to Committee on County and Municipal Governments.
FRIDAY, FEBRUARY 10, 1956
589
HB 504. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A bill to amend an act relating to the salaries of the judges of the su perior court of Fulton County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 505. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A bill to amend an act providing for a budget in certain counties; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 506. By Messrs. Register and Mathis of Lowndes:
A bill to amend an act redefining the corporate limits of the City of Valdosta; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 507. By Messrs. Register and Mathis of Lowndes:
A bill to amend an act providing for the regulation of the installation of warm air heating equipment in certain counties; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 508. By Mr. Land of Wilkinson:
A bill to repeal an act incorporating the Town of Allentown; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 510. By Mr. Rodgers of Charlton:
A bill to amend an act creating a board of commissioners of roads and revenues for Charlton County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 512. By Mr. Murphy of Haralson:
A bill to authorize the city of Bremen to levy an additional tax for educational purposes; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 513. By Messrs. Duncan and Perkins of Carroll:
A bill to amend an act creating a new charter for the Town of Whitesburg; and for other purposes.
Referred to Committee on County and Municipal Governments.
590
JOURNAL OP THE SENATE,
HB 515. By Mr. Hendrix of Long:
A bill to amend an act providing that the ordinary of Long County shall receive $50.00 per month in addition to fees; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 516. By Mr. Roughton of Washington:
A bill to amend an act creating the charter for the City of Sandersville; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 517. By Messrs. Matthews and Stephens of Clarke:
A bill to amend an act relating to Clarke County fire, sanitation and sewerage districts, so as to extend the Atlanta-Athens Highway District; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 518. By Messrs. Kelley and Kilgore of Gwinnett:
A bill to amend an act creating a new charter for the City of Lawrenceville; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 519. By Messrs. Perkins and Duncan of Carroll:
A bill to amend an act creating the office of commissioner of roads and revenues for Carroll County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 520. By Messrs. Duncan and Perkins of Carroll:
A bill to amend an act establishing the city court of Carrollton; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 521. By Messrs. Perkins and Duncan of Carroll:
A bill to amend an act creating the city court of Carrollton; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 523. By Messrs. Lokey, H. Smith and M. Smith of Fulton:
A bill to amend an act so as to fix the annual salaries of the judges of the criminal court of Fulton County; and for other purposes.
Referred to Committee on County and Municipal Governments.
FRIDAY, FEBRUARY 10, 1956
591
HB 524. By Messrs. Lindsey and Bolton of Spalding:
A bill to provide that the board of commissioners of roads and revenues of Spalding County shall be the agency to cooperate with the Georgia Agricultural Extension Service in the employment of the county agent and the county home demonstration agent; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 526. By Messrs. Lam and Birdsong of Troup:
A bill to amend an act creating a board of commissioners of roads and revenues for Troup County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 527. By Messrs. Barber and Short of Colquitt:
A bill to amend an act so as to change the corporate limits of the City of Moultrie; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 528. By Messrs. Willingham, Reed and Bentley of Cobb:
A bill to amend an act creating a new charter for the Town of Acworth; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 529. By Messrs. Groover of Bibb, Lavender of Elbert and others: A bill to create a state property insurance fund; and for other purposes.
Referred to Committee on Industry and Labor.
HB 531. By Messrs. Groover of Bibb, Blalock of Clayton and others:
A bill to amend an act so as to provide that laws, journals and reports distributed to the counties shall remain the property of the state; and for other purposes.
Referred to Committee on Judiciary.
Mr. Turner of the 34th District, Chairman of the Committee on County and Municipal Governments, submitted the following report: Mr. President:
Your Committee on County and Municipal Governments have had under con sideration 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 318. Do Pass, as amended.
Respectfully submitted,
Turner of 34th District,
Chairman.
592
JOURNAL OF THE SENATE,
Mr. Hollis of the 24th District, Chairman of the Committee on Judiciary, sub mitted the following report: Mr. President:
Your Committee on Judiciary have had under consideration the following bills of the House and Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 363. Do Pass. HB 379. Do Pass. SB 153. Do Pass. SB 66. Do Not Pass. HB 327. Do Pass, as amended. HB 206. Do Pass.
Respectfully submitted, Hollis of 24th District, Chairman.
Mr. President of the --._-.___-._...__. District, Chairman of the Committee on Rules submitted the following report:
Mr. President:
Your Committee on Rules have had under consideration the following reso lution of the Senate, and have instructed me as Chairman, to report the same back to the Senate with the following recommendation:
HR 185. Do Pass.
Respectfully submitted,
S. Ernest Vandiver,
Chairman.
Mr. Dykes of the 14th District, Chairman of the Committee on Highways, submitted the following report:
Mr. President:
Your Committee on Highways had 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 57. Do Pass.
HR 18. Do Pass.
Respectfully submitted,
Dykes of 14th District,
Chairman.
FRIDAY, FEBRUARY 10, 1956
593
Mr. Lovett of the 16th District, Chairman of the Committee on Appropri ations, submitted the following report:
Mr. President:
Your Committee on Appropriations have had under consideration the fol lowing bills and resolutions of the Senate and House and have instructed me as Chairman, to report the same back to the Senate with the following recommenda tions :
HR 102. Do Pass.
SR 43. Do Pass.
SB 108. Do Pass.
Respectfully submitted,
Lovett of 16th District,
Chairman.
Mr. Brooks of the 50th District, Chairman of the Committee on Senate Ad ministrative Affairs, submitted the following report: Mr. President:
Your Committee on Senate Administrative Affairs 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:
SR 41. SB 141. SB 84. SB 99. SB 110. SB 100. SB 119. SB 123. SB 124. SB 125. SB 126. SB 127. SB 129. SB 131. SB 135. SB 139. SB 140.
594
JOURNAL OF THE SENATE,
SB 142. SB 144.
Respectfully submitted, Brooks of the 50th District, Chairman.
Mr. Garrett of the 53rd District, Chairman of the Committee on Finance, submitted the following report:
Mr. President:
Your Committee on Finance have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendation:
HB 278. Do Pass.
Respectfully submitted,
Garrett of 53rd District,
Chairman.
The following bills and resolutions, favorably reported by the committees, were read the second time:
SB 108. By Senators Hollis of the 24th, Lovett of the 18th and Millican of the 52nd:
A bill to prohibit officers and departments of the state government from spending budgeted funds for any purpose other than the one for which the fund is allocated by the director of the budget or the finance com mission or appropriated by the General Assembly, without specific prior approval by the director of the budget; and for other purposes.
SB 150. By Senator Millican of the 52nd:
A bill to amend the act providing a complete and comprehensive vital statistics law for Georgia so as to provide that in all counties of the state having a population of 300,000 or more by the last United States census or any succeeding United States census, in which there is a county health department, the director of the Department of Public Health shall appoint one of the salaried employees of such department as local registrar; and for other purposes.
SR 42. By Senator Millican of the 52nd:
A resolution proposing to the people of Georgia for ratification or re jection, an amendment to Article VII of the constitution of Georgia of 1945; authorizing the City of Atlanta to incur indebtedness for school purposes; and for other purposes.
SR 43. By Senator Millican of the 52nd: A resolution to compensate Mr. John A. Wilding for damages to his
FRIDAY, FEBRUARY 10, 1956
595
automobile with a State Highway Department truck owned by the State Highway Department and driven by Mr. J. L. Brown; and for other purposes.
HB 206. By Mr. Strickland of Toombs:
A bill to amend an act relating to the return day of the writ of habeas corpus, so as to change the return day; and for other purposes.
HB 327. By Mr. Harrison of Wayne:
A bill to amend an act providing for retirement benefits for ordinaries of Georgia; and for other purposes.
HB 379. By Mr. Blalock of Clayton and others:
A bill to create a new judicial circuit for the state of Georgia, to be known as the Clayton Judicial Circuit; and for other purposes.
HB 381. By Mr. Watson of Dougherty:
A bill to amend an act to provide for fire protection districts in Dough erty County; and for other purposes.
HB 385. By Mr. Sanders of Richmond:
A bill to amend an act entitled "an act to amend an act entitled 'an act to provide for the continued existence of the public school system of the county of Richmond,'"; and for other purposes.
HB 391. By Mr. Jones of Lumpkin:
A bill to provide for the terms of court of the superior court of Lumpkin County; and for other purposes.
HB 419, By Mr. H. Smith of Fulton and others:
A bill to fix the salary of the sheriff of Fulton County; to make the effective date of this act January 1, 1957; and for other purposes.
HB 420. By Mr. H. Smith of Fulton and others:
A bill to amend an act entitled "an act to provide for the retirement of the judges and the solicitor-generals of the criminal court of Fulton County, the judges of the civil court of Fulton County and the judge of the juvenile court of Fulton County"; and for other purposes.
HB 421. By Mr. H. Smith of Fulton and others:
A bill to amend an act entitled "an act to fix the compensation of com missioners of roads and revenues in certain counties"; and for other purposes.
HB 427. By Mr. Sanders of Richmond and others: A bill to provide for the appointment of a special trial assistant in the
596
JOURNAL OF THE SENATE,
office of the solicitor-general in counties having a population of not less than 75,000 and not more than 112,500; and for other purposes.
HB 429. By Mr. Harrison of Wayne:
A bill to ratify the action of the mayor and council of the City of Jesup relative to the issuance of a deed to a portion of an alley located in said city; and for other purposes.
HR 18. By Mr. Green of Rabun:
A resolution to designate a bridge across U. S. Highway 23 or 441 at the city limits of Dillard, Georgia, as the Dr. Lester Neville Bridge; and for other purposes.
HR 57. By Mr. Killian of Glynn and others:
A resolution to designate a portion of State Route #32 as the Harrell Highway.
HR 102. By Mr. McCracken of Jefferson:
A resolution to reimburse W. E. Sheppard for damage to his car caused by the Georgia Highway Dept.
HR 142. By Mr. Foster of Clayton and others:
A resolution authorizing the State Librarian to furnish to the Superior Court of Clayton County, without cost to said county, certain law books.
HR 185. By Messrs. Moate of Hancock, Groover of Bibb and others:
A resolution to declare the Supreme Court decision of May 17, 1954, and May 31, 1955, in school segregation cases, null and void; and for other purposes.
Senator Turner of the 34th asked unanimous consent that the following bills of the House be withdrawn from the Committee on County and Municipal Gov ernments, read the second time and recommitted:
HB 463. By Mr. Mackay of DeKalb and others:
A bill to amend an act establishing the City of Avondale Estates; and for other purposes.
HB 464. By Mr. Mackay of DeKalb and others:
A bill to amend the charter of the City of Stone Mountain; and for other purposes.
HB 460. By Mr. Mackay of DeKalb and others:
A bill to amend an act creating the civil court of DeKalb County, by increasing the jurisdiction of such court in civil cases; and for other purposes.
FRIDAY, FEBRUARY 10, 1956
597
HB 245. By Mr. McWhorter of DeKalb and others:
A bill to amend an act to create and establish in DeKalb County Dis tricts from which the members of the county board of education of De Kalb County shall be elected by the voters of such districts; and for other purposes.
HB 462. By Mr. Mackay of DeKalb and others:
A bill to amend an act providing for the appointment of special criminal bailiffs in counties having a population of twenty thousand or more; and for other purposes.
HB 124. By Mr. McWhorter of DeKalb and others:
A bill to amend, revise, supersede and consolidate the laws pertaining to the governing authority of DeKalb County; and for other purposes.
HB 246. By Mr. McWhorter of DeKalb and others:
A bill to fix, prescribe and establish compensation and/or salaries of the elective county officials of and in the county of DeKalb; and for other purposes.
HB 461. By Mr. Mackay of DeKalb and others:
A bill to amend an act to create and establish the city court of Decatur, so as to provide that the rules of practice, form of pleading and methods of procedure now prevailing in, or that may be hereafter provided for the superior courts of this state shall be adopted and followed in the city court of Decatur; and for other purposes.
The consent was granted.
Senator Richardson of the 13th asked unanimous consent that the following bills of the Senate be withdrawn from the Committee on Agriculture and Natural Resources, read the second time and recommitted:
SB 157. By Senator Richardson of the 13th:
A bill to require itinerant agricultural produce dealers to be bonded; and for other purposes.
SB 158. By Senator Richardson of the 13th:
A bill to provide for the licensing and bonding of dealers in agricultural products; and for other purposes.
SB 160. By Senator Parker of the 20th:
A bill to provide that loads of pulpwood shall be chained or cabled with not less than two (2) chains or cables; and for other purposes.
The consent was granted.
598
JOURNAL OF THE SENATE,
Senator Millican of the 52nd served notice that at the proper time he would move to disagree with the adverse report of the Committee on Judiciary on the following bill of the Senate:
SB 66. By Senator Millican of the 52nd:
A bill to amend the Georgia Industrial Loan Act so as to change the maximum rate of interest or charges that may be made; 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 County and Municipal Govern ments, read the second time and recommitted:
HB 458. By Mr. Mackay of DeKalb and others:
A bill to repeal an act entitled "an act to create and establish the city court of Decatur"; and for other purposes.
The consent was granted.
The following local uncontested bills were read the third time and put uopn their passage:
SB 137. By Senator Lovett of the 16th:
A bill to amend an act creating a new city charter for the City of Dublin; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 138. By Senator Lovett of the 16th:
A bill to provide that the ordinary of Laurens County shall have a supplemental salary in addition to the fees and other compensation to which he is now 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 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 149. By Senator Harrison of the 17th:
A bill to amend an act to create the office of tax commissioner of Jenkins County; and for other purposes.
FRIDAY, FEBRUARY 10, 1956
599
The report 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 168. By Messrs. Lavender of Elbert, Matheson of Hart and others:
A bill to change the terms and the time of meeting of the superior courts of the counties of the Northern Judicial Circuit; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the Bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 232. By Messrs. Williams and Gunter of Hall and Martin of Banks:
A bill to incorporate the City of Lula in the counties of Hall and Banks; to grant a charter to said city; and for other purposes.
Senator Overby of the 33rd offered the following amendment:
Amend HB 232 as follows:
(1) By deleting section 7A and inserting in lieu thereof a new section 7 A which shall read as follows: "The mayor shall be elected by ballot from the city at large. The councilmen shall be elected by ballot of the qualified voters of the city of Lula, but to be eligible to hold the office of councilman the candidate must reside in the ward which he is to represent on the council. Councilmen shall be elected for staggered terms as is set forth in Section 8."
(2) By inserting in the blanks in Section 123 the words "fourth" and "March" so that said sentence when so amended shall read as fol lows : "The date of the election shall be set for a day in the fourth week in March 1956."
On the adoption of the amendment, the ayes were 30, nays 0.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
i
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 285. By Mr. Dozier of Miller:
A bill to amend an act providing for the use of voting machines in Miller County; and for other porposes.
600
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 318. By Messrs. Bolton and Lindsey of Spalding:
A bill to amend the charter of the City of Griffin; and for other pur poses.
Senator Harper of the 26th offered the following amendment:
Amend HB 318, as follows:
By striking from the first paragraph of Section 2 the words:
"as certified by the Board of Registrars of Spalding County",
and inserting in lieu thereof the words:
"it being mandatory that the Board of Registrars of Spalding County furnish to the Ordinary a certified list of the legally quali fied voters who reside within the proposed territory to be annexed at least 10 days prior to the date of such election".
On the adoption of the amendment, the ayes were 30, nays 0, and the amend ment 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 365. By Mr. Fowler of Douglas:
A bill to permit a sheriff of any county having a population in excess of 12,000 but no more than 12,200 to delegate to the tax collector or tax commissioner of such county, the power and authority to levy and con duct judicial sales in the manner now provided by law for sales by sheriffs, 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 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 371. By Messrs. Mathis and Register of Lowndes: A bill to provide for the use of voting machines, for casting, registering,
FRIDAY, FEBRUARY 10, 1956
601
recording and computing ballots or votes in all elections including pri maries and municipal elections in the county of Lowndes; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 392. By Mr. Russell of Barrow: A bill creating a board of commissioners of roads and revenues for the county of Barrow; and for other purposes.
The report 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 399. By Messrs. Foster and Blalock of Clayton: A bill to amend an act creating a three member board of commissioners of roads and revenues of Clayton County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 403. By Mr. Ramsey of Effingham: A bill to amend an act incorporating the Town of Rincon in the County of Effingham; and for other purposes.
The report 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 405. By Mr. Souter of Macon:
A bill to amend an act incorporating the Town of Ideal; and for other purposes.
602
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 406. By Mr. Harrell of Grady: A bill to amend an act incorporating the City 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 410. By Mr. Fowler of Douglas: A bill to authorize the governing authority of Douglas County 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 411. By Mr. Jones of Lumpkin: A bill to amend an act consolidating the office of tax receiver and tax collector of Lumpkin County into the office of tax commissioner 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 415. By Mr. Bagby of Paulding:
A bill to amend, consolidate and supersede the several acts incorporat ing the Town of Hiram; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
FEIDAY, FEBRUARY 10, 1956
603
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 417. By Messrs. Sognier, Cheatham and Eyler of Chatham:
A bill to amend 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HR 52. By Messrs. Matthews and Stephens of Clarke:
A resolution directing and authorizing the state librarian to furnish certain law books to the ordinary of Clarke County; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 29, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 53. By Mr. Fowler of Douglas:
A resolution authorizing and directing the state librarian to furnish certain law books to Douglas 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 42, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 67. By Mr. Cowart of Calhoun:
A resolution authorizing and directing the state librarian to furnish certain law books to the clerk of the superior court of Calhoun 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 30, nays 0.
604
JOURNAL OP THE SENATE,
The resolution, having received the requisite constitutional majority, was adopted.
The following general bills were read the third time and put upon their passage:
SB 80. By Senator Overby of the 33rd:
A bill to amend section 88-101 of the 1933 code of Georgia relating to the compensation of the members of the State Board of Health so as to increase the compensation of the members 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 88. By Senators Davis of the 42nd, Hollis of the 24th and Overby of the 33rd:
A bill to amend section 114-706 of the 1933 code of Georgia providing
for hearings regarding disagreements in connection with workmen's
compensation, by providing that, after notice of such hearings, either
party may take the deposition of any person upon oral examination or
written interrogatories for the purpose of discovery; and for other
purposes.
' "
The report 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 136. By Senator Parker of the 20th:
A bill providing a method by which employees of certain hospitals and institutions may obtain goods and services; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Parker of the 20th asked unanimous consent that SB 136 be immedi ately transmitted to the House and the consent was granted.
FRIDAY, FEBRUARY 10, 1956
605
SB 151. By Senators Brooks of the 50th, Harden of the 27th, Coffin of the llth and others:
A bill to amend chapter 18-2 of the 1933 code of Georgia relating to passengers of common carriers so as to provide that any female shall be entitled to the entire seat occupied by her where she requests same; and for other purposes.
Senator Brooks of the 50th moved that SB 151 be postponed until February 13th at 11:00 o'clock.
On the motion, the ayes were 30, nays 0, and the motion prevailed.
SB 155. By Senator Lovett of the 16th:
A bill to provide that any person riding in a state patrol car when not on official duty automatically waives all claims against the state in case of injury or damages; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 156. By Senator Overby of the 33rd: A bill to authorize all eligible officials and employees of the state of fice building authority to become members of the Employees' Retire ment 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 145. By Senators Millican of the 52nd, Hollis of the 24th and Lovett of the 16th:
A bill to amend an act relating to the leasing and controlling of the state's property in the City of Chattanooga, Tennessee not covered by the Western and Atlantic Railroad lease so as to provide that any lease of such property for a term of more than one year shall be rati fied by a two-thirds vote of the Senate; to provide for the review of said leases by the attorney-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 31, nays 0.
606
JOURNAL OP THE SENATE,
The bill, having received the requisite constitutional majority, was passed.
HB 208. By Mr. Lanier of Candler and others:
A bill to provide bonded certified public weigher at tobacco warehouses and livestock auction barns; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following resolution of the Senate was read and adopted:
SR 46. By Senator Harrison of the 17th:
A resolution expressing appreciation to the Lieutenant Governor and his charming wife and the Speaker of the House and his charming wife for a delightful evening; and for other purposes.
HB 234. By Mr. Stripling of Coweta and others:
A bill to repeal an act relating to the inquiry into offenses relating to obscene matter by indictment or presentment.
The report 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 267. By Mr. Moate of Hancock and others:
A bill to require that all common carriers of passengers for hire in intrastate travel providing waiting room and reception room facilities, shall provide separate accommodations for white and colored passengers; and for other purposes.
The report 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 268. By Mr. Moate of Bibb and others:
A bill to require that all persons traveling in intrastate travel occupy or use only the waiting rooms marked and provided for such persons.
FRIDAY, FEBRUARY 10, 1956
607
The report 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 294. By Mr. Barber of Colquitt:
A bill to amend an act establishing a state board for professional engi neers and surveyors; and for other purposes.
The report 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 351. By Mr. Bentley of Cobb:
A bill to provide that a parent or guardian shall be liable for the wilful and wanton torts of his minor child; and for other purposes.
Senator Millican of the 52nd offered the following amendment:
Amend HB 351, section 1, line 2, by striking the word "sixteen" and inserting "seventeen", and further amend by striking the word "sixteen" in line 3 of caption and inserting word "seventeen".
On the adoption of the amendment, the ayes were 31, nays 0.
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 353. By Mr. Bentley of Cobb and others:
A bill to amend an act establishing juvenile courts and providing the procedure connected therewith.
The report 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.
608
JOURNAL OF THE SENATE,
HR 12. By Mr. Odom of Camden:
A resolution authorizing the Governor to convey certain state property in 29th G. M. District in Camden County, being a part of the Santa Maria State Park Property, to the United States of America as a part of a proposed ammunition loading dump--King's Bay, near St. Mary's Georgia, to be used by the United States Army and Navy; 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.
Senator Overby of the 33rd moved that the Senate do now adjourn until 10:00 o'clock Monday morning and the motion prevailed.
The president announced the Senate adjourned until 10:00 o'clock Monday morning.
MONDAY, FEBRUARY 13, 1956
609
Senate Chamber, Atlanta, Georgia, Monday, February 13, 1956.
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 Rev. Hoke Sewell, District Superintendent of the Methodist Churches of the Griffin District, Griffin, Georgia.
By unanimous consent the call of the roll was dispensed with.
Senator Steis of the 25th 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 Overby of the 33rd 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. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and consideration of general 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 I bills and resolutions of the House and Senate to wit:
i HB 352. By Messrs. Bentley of Cobb, M. Smith of Fulton and Scoggin of Floyd:
A bill to amend an act entitled an act to amend and revise the adoption
j
laws now set forth in Chapter 74-4 of the Code of Georgia of 1933;
:
and for other purposes.
HB 448. By Messrs. Matthews of Clarke and Bolton of Spalding:
A bill to amend an act relating to the relief of disabilities, so as to
;
provide that the notice of application to remove disabilities shall be
published once a week for four weeks next preceding the term of
court at which the marital disabilities are removed; and for other
purposes.
610
JOURNAL OF THE SENATE,
HB 449. By Messrs. Matthews of Clarke and Bolton of Spalding:
A bill to amend an act relating to the granting of divorces; and for other purposes.
HB 525. By Messrs. Moate of Hancock, Groover of Bibb and others:
A bill to provide that candidate for membership in the General As sembly of Georgia may run either in a county primary or a State pri mary; and for other purposes.
HB 533. By Messrs. Hardaway and Peters of Meriwether:
A bill to amend an act entitled an Act to provide for the compensation of the Chairman and members of the Board of Commissioners of Meriwether County; and for other purposes.
HB 535. By Messrs. Lokey and H. Smith of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta, to authorize the Mayor and Board of Aldermen to sell cer tain described property; and for other purposes.
HB 538. By Mr. Barker of Heard:
A bill to amend an act relating to the regulation of installation of warm air heating equipment; and for other purposes.
HB 548. By Mr. Parker of Appling:
A bill to amend an Act establishing the City Court of Baxley; and for other purposes.
HB 551. By Messrs. Mincy and Frier of Ware:
A bill to provide that any political party primary for choosing nomi nees for county officers in Ware County shall be held on the same day that the State primary for such political party is held for choosing nominee for members of the General Assembly; and for other purposes.
HB 555. By Mr. Jones of Lumpkin:
A bill to authorize the governing authority of Lumpkin County to create and establish restricted zones or districts; and for other purposes.
HB 557. By Mr. Musgrove of Clinch:
: A bill to provide that members of the county Boards of Education in counties having a certain population shall be paid a per diem of twenty dollars per day for actual services; and for other purposes.
HB 559. By Mr. Rodgers of Charlton:
A bill to provide that members of the Board of Education in all coun ties having a certain population shall be paid the sum of twenty dollars for each day's services; and for other purposes.
MONDAY, FEBRUARY 13, 1956
611
HB 560. By Messrs. Houston and King of Whitfield, Stripling of Coweta and others:
A bill to provide for a change in the salaries of the officers, non-com missioned officers and troopers of the Uniform Division of the Depart ment of Public Safety and the members of the Georgia Bureau of Investigation; and for other purposes.
HR 92. By Mr. McGarity of Henry:
A resolution to compensate J. D. Walker for damages sustained in an accident on State Highway No. 42; and for other purposes.
HR 119. By Mr. Underwood of Montgomery:
A resolution to compensate Mrs. W. A. Johnson for injuries caused by a wire trailing from a State Highway Bus; and for other purposes.
HR 151. By Mr. Singer of Stewart:
A resolution authorizing and directing the State Librarian to furnish certain law books to the Clerk of the Superior Court and the Ordinary of Stewart County; and for other purposes.
HR 155. By Mr. Fowler of Tift:
A resolution to compensate Mrs. Lillian Lord for damages; and for other purposes.
HR 173. By Mr. Killingsworth of Clay:
A resolution to compensate Hal Saunders, Jr. for expenses incurred; and for other purposes.
SR 37. By Senator Steis of the 25th:
A resolution to provide the Ordinary of Harris County, Georgia, cer tain enumerated volumes of the Georgia Supreme Court Reports; and for other purposes.
SB 122. By Senator Hollis of the 24th:
A bill to amend the Charter of the City of Columbus in the County of Muscogee; and for other purposes.
The House has adopted the following resolutions of the House, to-wit:
HR 37. By Mr. Harrison of Wayne:
A resolution expressing the opposition of the General Assembly of Georgia to the passage of the "Federal Aid for Education Bill"; and for other purposes.
HR 216. By Messrs. Barber and Short of Colquitt, Pettey of Pulaski and others: A resolution relating to the Athletic Associations of the University of
612
JOURNAL OF THE SENATE,
Georgia and the Georgia Institute of Technology; and for other pur poses.
HR 217. By Messrs. Foster of Clayton, M. Smith of Fulton and others:
A resolution relative to the retention of the Automotive Training School at the Atlanta General Depot; and for other purposes.
HR 218. By Messrs. Moate of Hancock, Groover of Bibb and others:
A resolution expressing thanks to the Honorable Mose Edenfield; and for other purposes.
HR 220. By Messrs. Sheffield of Brooks, Harrison of Wayne and others:
A resolution endorsing the Southern Forest Fire Prevention Conference and urging the participation and attendance thereon by public officials and other persons; and for other purposes.
HR 222. By Messrs. Bodenhamer of Tift, Groover of Bibb and others:
A resolution to urge the Georgia Congressional Delegation to oppose the passage of "H. R. 7535"; and for other purposes.
HR 223. By Messrs. Barber of Jackson and Stephens and Matthews of Clarke:
A resolution expressing appreciation to the Institute of Law and Gov ernment of the University of Georgia Law School; and for other pur poses.
The following bills were introduced, read the first time and referred to committees:
SB 165. By Senator Florence of the 39th:
A bill to repeal the act placing the clerk of the superior court, the ordi nary, the tax commissioner, and the sheriff of Cherokee County on a salary basis in lieu of a fee basis; and for other purposes. .'
Referred to the Committee on County and Municipal Governments.
SB 166. By Senator Brooks of the 50th:
A bill to amend the act establishing the city court of Lexington in the County of Oglethorpe so as to change the compensation of the Judge of said court; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 167. By Senator McBride of the 10th:
A bill to provide that it shall be unlawful for any person to own, lease, rent or possess in any manner, for operation by himself or another, any machine which, in order to be operated, requires the deposit of a coin or coins; and for other purposes.
Referred to the Committee on Judiciary.
MONDAY, FEBRUARY 13, 1956
613
HB 352. By Messrs. Bentley of Cobb, M. Smith of Fulton and Scoggin of Floyd:
A bill to amend an act entitled an act to amend and revise the adoption laws now set forth in Chapter 74-4 of the code of Georgia of 1933; and for other purposes.
Referred to Committee on Judiciary.
HB 448. By Messrs. Matthews of Clarke and Bolton of Spalding:
A bill to amend an act relating to the relief of disabilities, so as to pro vide that the notice of application to remove disabilities shall be pub lished once a week for four weeks next preceding the term of court at which the marital disabilities are removed; and for other purposes.
Referred to Committee on Judiciary.
HB 449. By Messrs. Matthews of Clarke and Bolton of Spalding:
A bill to amend an act relating to the granting of divorces; and for other purposes.
Referred to Committee on Judiciary.
HB 525. By Messrs. Moate of Hancock, Groover of Bibb and others:
A bill to provide that candidates for membership in the General As sembly of Georgia may run either in a county primary or a state pri mary; and for other purposes.
Referred to Committee on Rules.
HB 533. By Messrs. Hardaway and Peters of Meriwether:
A bill to amend an act entitled an act to provide for the compensation of the chairman and members of the board of commissioners of Meri wether County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 535. By Messrs. Lokey and H. Smith of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta to authorize the mayor and board of aldermen to sell certain described property; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 538. By Mr. Barker of Heard:
A bill to amend an act relating to the regulation of the installation of warm air heating equipment; and for other purposes.
Referred to Committee on County and Municipal Governments.
614
JOURNAL OF THE SENATE,
HB 548. By Mr. Parker of Appling:
A bill to amend an act establishing the city court of Baxley; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 551. By Messrs. Mincy and Frier of Ware:
A bill to provide that any political party primary for choosing nominees for county officers in Ware County shall be held on the same day that the state primary for such political party is held for choosing nominees for members of the General Assembly; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 555. By Mr. Jones of Lumpkin:
A bill to authorize the governing authority of Lumpkin County to create and establish restricted zones or districts; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 557. By Mr. Musgrove of Clinch:
A bill to provide that members of the county boards of education in counties having a certain population shall be paid a per diem of twenty dollars per day for actual services; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 559. By Mr. Rodgers of Charlton:
A bill to provide that members of the Board of Education in all counties having a certain population shall be paid the sum of twenty dollars for each day's service; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 560. By Messrs. Houston and King of Whitfield, Stripling of Coweta and others:
A bill to provide for a change in the salaries of the officers, non commissioned officers and troopers of the uniform division of the De partment of Public Safety and the members of the Georgia Bureau of Investigation; and for other purposes.
Referred to Committee on Judiciary.
HR 92. By Mr. McGarity of Henry:
A resolution to compensate J. D. Walker for damages sustained in an accident on State Highway No. 42; and for other purposes.
Referred to Committee on Appropriations.
MONDAY, FEBRUARY 13, 1956
616
BR 119. By Mr. Underwood of Montgomery: A resolution to compensate Mrs. W. A. Johnson for injuries caused by a wire trailing from a state highway bus; and for other purposes.
Referred to Committee on Appropriations.
HR 151. By Mr. Singer of Stewart: A resolution authorizing and directing the state librarian to furnish certain law books to the clerk of the superior court and the ordinary of Stewart County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HR 155. By Mr. Fowler of Tift:
A resolution to compensate Mrs. Lillian Lord for damages; and for other purposes.
Referred to Committee on Appropriations.
HR 173. By Mr. Killingsworth of Clay:
A resolution to compensate Hal Saunders, Jr., for expenses incurred; and for other purposes.
Referred to Committee on Appropriations.
The following resolutions of the House were read and adopted:
HR 37. By Mr. Harrison of Wayne:
A resolution expressing the opposition of the General Assembly of Georgia to the passage of the "Federal Aid for Education Bill"; and for other purposes.
HR 216. By Messrs. Barber and Short of Colquitt, Pettey of Pulaski and others:
A resolution relating to the Athletic Associations of the University of Georgia and the Georgia Institute of Technology; and for other pur poses.
Senator Millican of the 52nd moved that HR 216 be tabled.
On the motion, the ayes were 33, nays 0, and the motion prevailed.
The following resolutions of the House were read and adopted:
HR 217. By Messrs. Foster of Clayton, M. Smith of Fulton and others:
A resolution relative to the automotive training school at the Atlanta General Depot; and for other purposes.
616
JOURNAL OF THE SENATE,
HR 218. By Messrs. Moate of Hancock, Groover of Bibb and others:
A resolution expressing thanks to Honorable Mose Edenfield; and for other purposes.
HR 220. By Messrs. Sheffield of Brooks:
A resolution endorsing the Southern Forest Fire Prevention Conference and urging the participation and attendance thereon by public officials and other persons; and for other purposes.
HR 222. By Messrs. Bodenhamer of Tift, Groover of Bibb and others:
A resolution to urge the Georgia Congressional Delegation to oppose the passage of "H. R. 7535"; and for other purposes.
HR 223. By Messrs. Barber of Jackson and Stephens and Matthews of Clarke:
A resolution expressing appreciation to the Institute of Law and Gov ernment of the University of Georgia Law School; and for other pur poses.
Mr. Lovett of the 16th District, Chirman of the Committee on Appropri ations, submitted the following report:
Mr. President: Your Committee on Appropriations have had under consideration the fol
lowing resolutions of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HR 68. Do Pass.
HR 90. Do Pass.
HR 116. Do Pass. HR 127. Do Pass.
Respectfully submitted,
Lovett of 16th District,
Chairman.
Mr. President, Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendation:
SB 162. Do Pass.
Respectfully submitted,
S. Ernest Vandiver,
Chairman.
MONDAY, FEBRUARY 13, 1956
617
Mr. Turner of the 34th District, Chairman of the Committee on County and Municipal Government, submitted the following report:
Mr. President: Your Committee on County and Municipal Government have had under con
sideration the following bills of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 443. Do Pass. HB 377. Do Pass. HB 390. Do Pass. HB 483. Do Pass. HB 198. Do Pass, as amended.
Respectfully submitted, Turner of 34th District, Chairman.
Mr. Turner of the 34th District, Chairman of the Committee on County and Municipal Governments submitted the following report: Mr. President:
Your Committee on County and Municipal Governments have had under consideration the following bills of the Senate and House and have instructed me as Chairman, to report the same back to the Senate with the following recom mendations :
SB 159. Do Pass.
HB 413. Do Pass, by substitute.
HB 367. Do Pass.
HB 440. Do Pass.
HB 369. Do Pass.
HB 439. Do Pass.
HB 441. Do Pass.
HB 445. Do Pass.
HB 432. Do Pass.
Respectfully submitted,
Turner of 34th District,
Chairman.
Mr. Dean of the 40th District, Chairman of the Committee on Agriculture and Natural Resources, submitted the following report:
618
JOURNAL OF THE SENATE,
Mr. President: Your Committee on Agriculture and Natural Resources have had under con
sideration the following bills of the Senate and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 160. Do Pass. SB 157. Do Pass. SB 158. Do Pass, as amended.
Respectfully submitted, Dean of 40th District, Chairman.
Mr. Brooks of the 50th District, Chairman of the Committee on Senate Ad ministrative Affairs, submitted the following report:
Mr. President: Your Committee on Senate Administrative Affairs 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:
SR 35. SR 42. SR 43. SR 45. SB 108. SB 58. SB 107. SB 150. SB 151. SB 152. SB 158. SB 160. SB 153. SB 80. SB 88. SB 136. SB 137. SB 138. SB 149.
SB 156. SB. 155.
MONDAY, FEBRUARY 13, 1956
619
Respectfully submitted, Brooks of the 50th District, Chairman.
Mr. Brooks of the 50th District, Chairman of the Committee on State Admin istrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs 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 Governor.
SB 98.
Respectfully submitted,
Brooks of the 50th District,
Chairman.
The following bills and resolutions, favorably reported by the committee, were read the second time:
SB 159. By Senator Millican of the 52nd:
A bill to amend the act creating a joint city-county board of tax assess ors in all counties having within its borders all or the greater part of the population of 300,000 or more, according to the United States Cen sus of 1950 or any future United States Census so as to provide for a public record of assessments on real estate; and for other purposes.
SB 162. By Senator Steis of the 25th:
A bill to amend the act known as the Georgia Post Mortem Examina tion Act so as to provide for the filing of death certificates by medical examiners investigating deaths; to repeal provisions relating to investi gation of deaths by County Health Officers; and for other purposes.
HB 367. By Mr. Hall of Floyd and others:
A bill to amend an act entitled "An act to authorize and empower Floyd County by and through its board of commissioners of roads and revenue to provide, construct and/or maintain in the territory of said county outside the limits of incorporated municipalities, etc."; and for other purposes.
HB 369. By Mr. Hall of Floyd and others:
A bill to provide for the compensation of the members of the County Board of Education of Floyd County; and for other purposes.
620
JOURNAL OF THE SENATE,
HB 377. By Mr. Hall of Floyd and others:
A bill to abolish the present mode of compensation accruing to the office of solicitor-general of the Rome Judicial Circuit, other than the salary paid out of the Treasury of the State; and for other purposes.
HB 390. By Mr. Hall of Floyd and others:
A bill to abolish the present mode of compensation accruing to the officers of Clerk of the Superior Court, Clerk of the City Court, Ordi nary, Sheriff of the City Court and Sheriff of Floyd County; and for other purposes.
HB 413. By Mr. Floyd of Chattooga and others:
A bill to amend an act creating the city court of Chattooga County; and for other purposes.
HB 432. By Mr. Parker of Appling:
A bill to amend an act creating and establishing a new charter for the City of Baxley; and for other purposes.
HB 439. By Mr. Murr of Sumter and others:
A bill to fix the compensation of the chairman and the members of the Board of Education of all the counties having a population of not less than 24,200 and not more than 24,300; and for other purposes.
HB 440. By Mr. Murr of Sumter and others:
A bill to authorize the governing authority of Sumter County to create and establish restricted zones or districts; and for other purposes.
HB 441. By Mr. Murr of Sumter and others:
A bill to authorize the mayor and city council of the City of Americus to advertise and promote the agricultural, industrial, historic, recre ational and natural resources of the State of Georgia; and for other purposes.
HB 443. By Mr. Potts of Coweta and others:
A bill to amend an act relating to the regulation of the installation of warm air heating and equipment; in counties having a population of not less than 27,786 nor more than 29,000; and for other purposes.
HB 445. By Mr. Bloodworth of Houston:
A bill to amend an act to create a new charter for the City of Perry in the County of Houston; and for other purposes.
HB 483. By Mr. Murr of Sumter:
A bill relative to zoning and planning for the City of Americus and Sumter County; and for other purposes.
MONDAY, FEBRUARY 13, 1956
621
HR 90. By Mr. Cheatham of Chatham and others: A resolution authorizing compensation to Theolia F. Todd for damages.
HR 68. By Mr. Gunter of Hall and others:
A resolution to compensate T. Q. Jones and Mrs. Valie Jones, Gainesville, Hall County for injuries and property damage they received in an accident with the State Highway Department maintenance vehicle.
HR 116. By Mr. Kennedy of Tattnall:
A resolution to compensate Dr. Hess and Clark, Inc., for damages to an automobile.
HR 127. By Mr. Freeman of Monroe: A resolution compensating Early T. Grant.
Senator Page of the 1st asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Health and Welfare, read the second time and recommitted:
SB 161. By Senator Page of the 1st:
A bill to amend Section 84-710 of the 1933 code of Georgia relating to the licensing of certain dentists of other states without examination so as to provide for the licensing without examination of dentists for the sole purpose of practicing public health dentistry; and for other pur poses.
The consent was granted.
Senator Page of the 1st asked unanimous consent that the following bill of the House be withdrawn from the Committee on Judiciary, read the second time and recommitted:
HB 71. By Mr. Sognier of Chatham and others:
A bill to require all defendants in bastardy, wife-beating and abandon ment cases that are tried in superior court in this state to be tried on accusations and to provide that indictments may not be demanded in such courts for defendants charged with the offenses of bastardy, wifebeating and abandonment; and for other purposes.
The consent was granted.
Senator Davis of the 42nd asked unanimous consent that the following bills of the House be withdrawn from the Committee on County and Municipal Gov ernments, read the second time and recommitted:
HB 412. By Mr. Floyd of Chattooga and others:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Chattooga County; and for other purposes.
622
JOURNAL OF THE SENATE,
HB 414. By Mr. Floyd of Chattooga:
A bill to repeal an act creating a Board of Commissioners of Roads and Revenues of Chattooga County; and for other purposes.
The consent was granted.
The following local uncontested bills were read the third time and put upon their passage:
SB 150. By Senator Millican of the 52nd:
A bill to amend an act entitled "an act to provide a complete and com prehensive vital statistics law for Georgia, and for other purposes," so as to provide that in all counties of the state having a population of 300,000 or more by the last United States Census or any succeeding census, in which there is a county health department, the director of the Department of Public Health shall appoint one of the salaried em ployees as deputy local registrars; to provide that in such cases all fees accruing to the local registrar shall be paid into the county treasury and the salaries of the employees so named as local registrar or deputies shall be paid out of the county treasury; and for other purposes.
The report 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 420. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A bill to amend an act to provide for the retirement of the judges and the solicitor-general of the criminal court of Fulton County, the judges of the civil court of Fulton County and the judge of the juvenile court of Fulton County; and for other purposes.
Senator Millican of the 52nd offered the following amendment:
Adding a new section to be known as Section 2 and re-numbering Section 2 as Section 3, Section 2 to read as follows:
There shall be added to the amendment approved February 8, 1955, a new section to follow Section 2 of said amendment to be designated as Section 2(a) and read as follows:
Section 2(a). Be it further enacted by the authority afore said that any of the officers who come within the provisions of this Act and who have not heretofore qualified to participate in the benefits provided in said Act as amended, be, and they are hereby allowed and permitted to qualify for a pension for themselves and their widows as provided under the provisions of this Act providing any official now serving may within thirty (30) days from the approval of this Act, notify the trustees that he elects to qualify for retirement and also elects to qualify for the benefits provided
MONDAY, FEBRUARY 13, 1956
623
for the widow and shall pay into the fund the percentages of his salary required by the terms of this Act as amended from January 31, 1946 or from the date of appointment. The payments required to be made shall be divided into thirty-six (36) equal monthly in stallments which may be deducted from the compensation of such officer and shall be deposited into a retirement fund created by this Act, as amended, said deductions shall be in addition to the deductions otherwise required. The officer qualifying shall have as a credit all sums which he may have paid to any pension fund of the county during his prior service as an employee or officer, without deduction, which sum shall be paid by the Treasurer of Pulton County or the trustees of the pension fund, as the case may be, to the trustees and treasurer of the Judges and Solicitors Gen eral's Retirement Fund of Fulton County.
On the adoption of the amendment, the ayes were 32, nays 0, and the amend ment 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.
SR 42. By Senator Millican of the 42nd:
A resolution proposing to the people of Georgia for ratification or re jection, an amendment to Article VII of the Constitution of Georgia of 1945, authorizing the City of Atlanta to incur indebtedness for school purposes.
Senator Millican of the 52nd offered the following substitute:
A RESOLUTION
Proposing to the qualified voters that Article VII of the Constitution of the State of Georgia of 1945 be amended by adding thereto a new section to be appropriately numbered so as to authorize the City of Atlanta to incur debt to the extent of twelve (12%) per centum of the assessed value of all the taxable property therein, and for other pur poses.
BE IT RESOLVED AND, IT IS HEREBY RESOLVED by the General Assembly of Georgia:
Section I. That Article VII of the Constitution of the State of Georgia, as amended, be further amended by adding at the end thereof a new section to be appropriately numbered and to read as follows:
SECTION
"Paragraph I. Notwithstanding any other provision of this Article, the total indebtedness hereafter incurred by the City of Atlanta, except as in this Constitution provided for, shall never exceed twelve (12%) per centum of the assessed value of all the
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taxable property therein, provided such indebtedness shall be au thorized by the assent of the majority of the qualified voters of said City voting in an election for that purpose to be held as pre scribed by law;
Provided further, that the indebtedness of said City, now ex isting for all purposes or hereafter incurred, for its lawful corporate purposes, other than school purposes, shall never exceed eight (8%) per centum of the assessed value of all the taxable property therein;
And provided further, that the indebtedness of said City, here after incurred, for the purpose of providing funds to acquire, con struct, equip, improve and add to new or existing school buildings or facilities of the school system of the City, and for the acquisition of the necessary land and other property therefor and the payment of expenses incident thereto, shall never exceed four (4%) per centum of the assessed value of all the taxable property therein."
Section II. When the above proposed amendment to the Consti tution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken there on, the Governor is hereby authorized and instructed to cause such pro posed amendment to be published as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejec tion to the electors, as provided for in said paragraph of the Constitu tion.
At said general election, this amendment shall be submitted to the people of Georgia for ratification or rejection. Those desiring to vote in favor of the amendment shall have written or printed on their ballots the words "For ratification of the amendment to Article VII of the Constitution of the State of Georgia of 1945, authorizing the City of Atlanta to incur debt to the extent of twelve (12%) per centum of the assessed value of all the taxable property therein, of which debt, eight (8%) per centum shall be for lawful corporate purposes, other than school purposes, and four (4%) per centum shall be for school purposes." Those desiring to vote against the ratification of the amendment shall have written or printed on their ballots the words "Against ratification of the amendment to Article VII of the Constitution of the State of Georgia of 1945, authorizing the City of Atlanta to incur debt to the extent of twelve (12%) per centum of the assessed value of all the tax able property therein, of which debt, eight (8%) per centum shall be for lawful corporate purposes, other than school purposes, and four (4%) per centum shall be for school purposes."
If the people shall ratify such amendment by a majority of the electors qualified to vote voting therein, 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 for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who, shall, if such amendment be ratified, make proclamation thereof.
On the adoption of the substitute, the ayes were 43, nays 0, and the substitute was adopted.
MONDAY, FEBRUARY 13, 1956
625
The report of the committee, which was favorable to the adoption of the resolution, was agreed to by substitute.
The resolution, proposing an amendment to the constitution, a roll call was ordered and the vote was as follows:
Those voting in the affirmative were Senators:
Ayers Brooks Chance Coffin Davis Dean Dews Florence Garrett
Harper Harrison Hollis Hopkins Housley
Jones, 18th Jones, 23rd Kelly Lambert Mann Matthews McBride McDonald Millican
Neel Overby Page Paulk Ponsell
Richardson Ricketson Seagraves Shurling Steis Strickland Turner Ursrey Warnell
Wetherington Wilkins Wood Zellner
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 41, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 198. By Mr. Fain of Franklin:
A bill to repeal an act creating the office of Commissioner of Roads and Bridges and a Board of Finance for Franklin County; and for other purposes.
Senator Ayers of the 31st offered the following amendment:
Amend HB 198 as follows:
By striking from the last sentence in Section 11 the words "only" and "except" and make the last sentence read as follows: "The advisory board shall serve in advisory capacity and to determine the salary of the Commissioner. It shall be their duty also to approve all accounts, warrants, and vouchers which may be necessary for the payment of all purchases and to authorize the Commissioner to issue a check for their payment.
On the adoption of the amendment, the ayes were 33, nays 0, and the amend ment was adopted.
Senator Ayers of the 31st offered the following amendment:
Amend HB 198 as follows:
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By striking Section 8 in its entirety and inserting in lieu thereof a new section to be numbered Section 8 and to read as follows:
"Section 8.
"On all purchases of equipment where the purchase price ex ceeds Two Hundred and Fifty ($250.00) Dollars, the purchase shall be made on a competitive bid basis. The Commissioner shall make all purchases for Franklin County. However, said Commissioner, with the approval of the Advisory Board, shall not be required to accept the lowest bid on said equipment if said equipment does not meet the standards and requirements set by said Commissioner and Advisory Board. The Commissioner shall not employ in any capacity, or make purchases from or sales to any member of his immediate family or persons related by consanguinity or affinity to the Commissioner within the fourth degree, as computed accord ing to civil law."
On the adoption of the amendment, the ayes were 33, nays 0, and the amend ment 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 381. By Messrs. Watson and Denson of Dougherty:
A bill to amend an act to provide for fire protection districts in Dough erty 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 385. By Mr. Sanders of Richmond:
A bill to amend an act entitled an act to provide for the continued ex istence of the public school system of 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.
MONDAY, FEBRUARY 13, 1956
627
HB 391. By Mr. Jones of Lumpkin:
A bill to provide for the terms of court of the Superior Court 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 419. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A bill to fix the salary of the sheriff of Fulton County; to make the effective date of this act January 1, 1957; and for other purposes.
The report 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 421. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A bill to amend an act entitled an act to fix the compensation of com missioners of roads and revenues in certain counties; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 427. By Messrs. Sanders, Chambers and Holley of Richmond:
A bill to provide for the appointment of a special trial assistant in the office of the solicitor-general in counties having a population of not less than 75,000 and not more than 112,500; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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JOURNAL OP THE SENATE,
HB 429. By Mr. Harrison of Wayne:
A bill to ratify the action of the mayor and council of 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.
HR 142. By Messrs. Poster and Blalock of Clayton:
A resolution authorizing the state librarian to furnish to the superior court of Clayton County certain law books; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 31, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following general bills were read the third time and put upon their passage:
SB 58. By Senators Turner of the 34th and Harper of the 26th:
A bill to provide for the approval of all policies of insurance by the Insurance Commissioner; to create a commission to which an appeal may be made; to provide penalties; to repeal all conflicting laws; and for other purposes.
The Committee on Industry and Labor offered the following substi tute:
"A BILL
"To provide for the filing of all policies of insurance with the Insurance Commissioner to provide for the approval of all such policies by the Insurance Commissioner; to provide penalties; to repeal all conflicting laws; and for other purposes.
"Be it enacted by the General Assembly of Georgia:
"Section 1. No policies of insurance of any class whatsoever may be issued for delivery in the State of Georgia until a copy of such policy form has been filed with and approved by the Insurance Commissioner of Georgia. The Commissioner shall approve or dis approve such policy form not later than 30 days after such policy forms are filed, otherwise such policies shall be deemed to be ap proved. If disapproved, the Commissioner shall notify the company submitting such policy forms, in writing, stating the reasons for such disapproval. The Commissioner may withdraw approval of a
MONDAY, FEBRUARY 13, 1956
629
policy form previously approved, after formal hearing, notice of which hearing shall be given to the company in writing at least 20 days in advance. The action of the Commissioner in approving, dis approving or withdrawing approval of any such policy form may be reviewed by certiorari to the Superior Court of Fulton County, Georgia, as in other cases provided by law.
"Section 2. Any person, firm or corporation delivering or causing to be delivered in this State any policy of Insurance the form of which has not been approved by the Commissioner of In surance as required by this Act, shall be deemed guilty of a mis demeanor.
"Section 3. All laws and parts of laws in conflict with this Act are hereby repealed."
Senator Harper of the 26th offered the following amendment to the substitute to SB 58:
To add the following paragraph to Section 1:
"The Commissioner may, by order, exempt from the require ments of this section for so long as he deems proper, any insurance document or form or type thereof as specified in such order, to which in his discretion this section may not practicably be applied, or the filing and approval of which are, in his discretion, not de sirable or necessary for the protection of the public."
To add the following section to be known as section 4:
"Section 4. The provisions of this act shall become effective as of the first day of July, 1956."
The amendment was adopted.
On the adoption of the substitute, the ayes were 35, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute as amended.
HR 185. By Messrs. Moate of Hancock, Groover of Bibb and others:
A bill to declare the Supreme Court decision of May 17, 1954 and May 31, 1955 in the school segregation cases and all similar decisions by the Supreme Court null, void and of no effect; 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 39, nays 0.
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JOURNAL OF THE SENATE,
The resolution, having received the requisite constitutional majority, was adopted.
SB 55. By Senators Matthews of the 47th, Ursrey of the 54th, Ponsell of the 5th and others:
A bill to amend an act imposing a tax on the sale, use or other dispo sition of little cigars, cigars and cigarettes within this state so as to change the tax upon cigarettes; and for other purposees.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 18, nays 15.
The bill, having failed to receive the requisite constitutional majority, was lost.
Senator Overby of the 33rd asked unanimous consent that the following bill of the House be withdrawn from the Committee on Defense and Veterans Affairs, read the second time and recommitted:
HB 416. By Mr. Groover of Bibb and others:
A bill to amend an act providing for an integrated veterans service of Georgia and creating a State Department of Veterans Service; and for other purposes.
The consent was granted.
HB 183. By Messrs. Campbell and Coker of Walker:
A bill to amend an act relating to the issuance of marriage licenses; and for other purposes.
The Committee on Judiciary offered the following substitute:
A BILL
To be entitled an Act to amend Code Section 53-201, relating to the granting of marriage licenses, so as to specify the persons who are authorized to grant such licenses; to provide the time of granting such licenses by the Ordinary of his clerk; to provide a penalty for violation; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 53-201, relating to the granting of mar riage licenses, is hereby amended by striking such section in its entirety and in lieu thereof inserting the following:
"53-201. Marriage licenses shall be granted only by the Ordi nary, or his clerk at the county courthouse, or by the Ordinary at his legal residence; only between the hours of 8 A. M., and 12 P. M., or by a clerk at such clerk's residence, provided such resi-
MONDAY, FEBRUARY 13, 1956
631
dence is within the militia district of the county seat. Such license shall be issued in the county where the female to be married resides if she is a resident of this State, and in the county in which the ceremony is to be performed, if the female to be married be a non resident of this State. The license shall be directed to any judge, justice of the peace, or minister of the gospel, authorizing the mar riage of the persons therein named and requiring such judge, jus tice of the peace, or minister of the gospel to return the said license to the Ordinary, with the certificate thereon as to the fact and date of the marriage, within thirty (30) days after the date of said marriage, which license, with the return thereon shall be recorded by the Ordinary in a book kept by him for that purpose. Any other provision of this section or any other law to the con trary notwithstanding, the Ordinary of any county which has within its boundaries a municipality that has a population ac cording to the 1950, or any future United States Census, greater than that of the county seat of such county, is hereby authorized to appoint a clerk for the purpose of granting marriage licenses in such municipality, at an office designated by the Ordinary. Such license shall be issued only between the hours prescribed herein."
Section 2. If any Ordinary or clerk grants a marriage license in violation of the provisions of the first sentence of Code Section 53-201, such Ordinary or clerk, as the case may be, shall be guilty of a mis demeanor and upon conviction thereof shall be punished as provided by law.
Section 3. In the event any part of this Act, or Code Section 53-201 is declared unconstitutional by a court of competent jurisdiction, such declaration shall not affect any other part of this Act, or of Code Section 53-201 and the same shall remain of full force and effect as if enacted without such unconstitutional part.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority was passed by substitute.
Senator McDonald of the 43rd asked unanimous consent that HB 183 be immediately transmitted to the House.
The consent was granted.
SB 64. By Senator Millican of the 52nd:
A bill to amend the "Old Age Assistance Act" so as to make it manda tory that the director of the Department of Public Welfare require the local board of public welfare of the county in which a deceased recipient of assistance resided to execute and acknowledge a notice of claim against the estate of such recipient; and for other purposes.
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The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 26, nays 12.
The bill, having failed to receive the requisite constitutional majority, was lost.
SB 108. By Senators Hollis of the 24th, Lovett of the 16th and Millican of the 52nd:
A bill to prohibit officers and departments of the state government from spending budgeted funds for any purpose other than the one for which the funds is allocated by the director of the budget or the finance commission or appropriated by the General Assembly, without specific prior approval by the director of the budget; and for other purposes.
The report 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 151. By Senators Brooks of the 50th, Harden of the 27th, Coffin of the llth and others:
A bill to amend chapter 18-2 of the 1933 code of Georgia relating to passengers of common carriers so as to provide that any female shall be entitled to the entire seat occupied by her where she requests same.
The report 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 152. By Senators Steis of the 25th, Brooks of the 50th, Mann of the 48th and others:
A bill to amend the act creating the Department of Public Safety and defining its duties and powers so as to provide that the State Patrol and Georgia Bureau of Investigation shall enter any county or municipality, upon request of any citizen or official thereof, to make arrests and otherwise enforce any laws of this state requiring segre gation or separation of the white and colored races in any manner or activity; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
MONDAY, FEBRUARY 13, 1956
633
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 153. By Senators Brooks of the 50th, Harden of the 27th, Ponsell of the 5th and others:
A bill to amend 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, to provide for a commission to receive and disburse such funds; to provide for a method of payment of such fund to beneficiaries thereof; and for other purposes.
The Committee on Judiciary offered the following amendment:
Amend SB 153 as follows:
By adding after the word "defined" in line 15 of the caption of said Bill the following:
"except-wardens or prison guards of any State, County or
City Public Works Camp or Prison".
By striking the word and figure "Section 24" from line 15 of Section 1 of said Bill and substituting in lieu thereof the word and figure "Section 26".
By adding after the word "defined" of line 2 of sub-paragraph A to Secton 1 of said Bill the following:
"except wardens or prison guards of any State, County or
City Public Works Camp or Prison".
By striking sub-paragraph B to Section 1 of said Act in its entirety and substituting in lieu thereof a new sub-paragraph B to read as follows:
"any member or official of the Peace Officers Annuity and Benefit Fund or any other aggrieved person who may desire to insti tute charges against any member of the said Fund under this Sec tion shall do so by filing written charges with the Board; thereupon the Board shall serve upon such member a statement of the charges against him and notice of a hearing thereon to be heard at a time and place fixed in said notice, which shall be not less than ten (10) days after the date of service thereof. Such member shall have an opportunity to appear, be heard, and present his defense. The Board upon such hearing may administer oaths, examine and cross-examine witnesses, receive oral and documentary evidence and shall have the power to subpoena witnesses, compel their attendants and require the production of any and all papers, records, correspondence or other documents which may be relevant to the issue. If after such hearing the Board shall determine that such member has knowingly failed or refused to attempt to enforce any law of this State re quiring segregation or separation of the white and colored races in any manner or activity or that such member has failed to take any necessary or appropriate action for such enforcement thereof, the Board shall order all retirement benefits, all disability payments, all
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JOURNAL OF THE SENATE,
death benefits and any other benefits to which such member or his beneficiaries may or would have been entitled to under the pro visions of this Act or any amendments hereinafter made thereto forfeited. The decision of the Board shall be final."
The Committee on Judiciary offered the following amendment to the amend ment:
Amend SB 153 as follows:
By inserting after the word "Board" and before the semicolon as appears in line four of the proposed substitute subsection to section 1 the following:
A comma and "which charges must be filed within six months from the date of the alleged dereliction."
On the adoption of the amendment to the amendment, the ayes were 38, nays 0, and the amendment was adopted.
On the adoption of the amendment, as amended, the ayes" were 38, nays 0, and the amendment, as amended, was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.
On the passage of the bill, the ayes were 37, nays 0.
The bill, haying received the requisite constitutional majority, was agreed to as amended.
SB 158. By Senator Richardson of the 13th:
A bill to provide for the licensing and bonding of dealers in agricultural products; and for other purposes.
The Committee on Agriculture offered the following amendment:
Amend SB 158 by striking from section 5 the words "the payment of proper fees and" and striking from section 7 the words "upon obtain ing the approval of the Commissioner".
On the adoption of the amendment, the ayes were 32, nays 0.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Richardson of the 13th asked unanimous consent that SB 158 be im mediately transmitted to the House.
MONDAY, FEBRUARY 13, 1956
635
Senator Millican of the 52nd moved that all Senate bills be immediately transmitted to the House.
On the motion, the ayes were 32, nays 0, and the motion prevailed.
SB 160. By Senator Parker of the 20th:
A bill to provide that loads of pulpwood shall be chained or cabled with not less than two (2) chains or cables; and for other purposes.
Senator Millican of the 52nd offered the following amendment:
Amend SB 160 by striking section 2 and inserting in lieu the fol lowing:
Section 2. Each load of logs transported upon the highways of this State shall be chained or cabled with at least two (2) chains or cables and such chain or cable shall be spaced not more than six (6) feet from each end of the vehicle carrying the load. Where loads of logs are transported on a trailer, semi-trailer, or pole trailer, the chains or cables shall be secured to the chasis or other substantial part of such trailer, semi-trailer or pole trailer or to the vehicle providing the motive power.
On the adoption of the amendment, the ayes were 31, nays 0, and the amend ment 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 65. By Messrs. Scoggin, Wright and Hall of Ployd and others:
A bill to amend an act creating the State Board of Pardons and Paroles, so as to create an advisory staff as a division thereof; and for other purposes.
The Committee on Penal and Correctional Affairs offered the following substitute:
AN ACT
To amend an Act creating the State Board of Pardons and Paroles approved February 5, 1943 (Ga. Laws 1943, p. 185) so as to create an advisory staff as a division thereof; to define the qualifications and functions of members of said staff; to fix their compensation; to pro vide for the screening of applications for parole of sex criminals; to pro vide for sanity trials for sex criminals discharged at the expiration of penal sentences; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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JOURNAL OF THE SENATE,
SECTION 1.
An act creating the State Board of Pardons and Paroles approved February 5, 1943 (Ga. Laws 1943, p. 185) is hereby amended, effective upon approval hereof, by adding a new section thereto, designated Section 11-A, to read as follows:
"11-A. There is hereby created within the State Board of Par dons and Paroles as a division thereof, an advisory staff to consist of professional members as follows: two medical experts qualified to practice medicine in this State, each of whom shall be licensed to practice medicine in Georgia and in addition shall have com pleted sufficient post graduate work in mental diseases and dis orders to be eligible for certification by the American Board of Psychiatry and Neurology, and one legal expert who shall have had not fewer than ten years of active trial practice as an attorney at the bar of this State."
SECTION 2.
Said Act is further amended by adding a new section thereto, designated Section 11-B to read as follows:
"11-B. The professional members of said advisory staff shall be appointed by the Governor. The terms of office of members initially appointed shall commence on the date of the appointment and shall end with that of the incumbent Chairman of the State Board of Pardons and Paroles. Terms of office of subsequent appointees shall begin and end with that of the Chairman of the State Board of Pardons and Paroles.
SECTION 3.
Said Act is further amended by adding a new section, designated Section 11-C to read as follows:
"11-C. The members of said staff shall be compensated from appropriations made for the maintenance of the State Board of Pardons and Paroles, as follows: the professional members not more than fifty dollars per diem for each day of service required of them by the State Board of Pardons and Paroles, together with such allowances for travel appropriate to the proper execution of their duties as required by law. Provided, however, that any com pensation or salary scale must be approved by the Budget Com mission and provided further that this bill shall not become opera tive until such time as the appropriation for the State Board of Pardons and Paroles exceeds $250,000 annually."
SECTION 4.
Said Act is further amended by adding a new section, designated Section 11-D, to read as follows:
"11-D. It shall be the duty of the professional staff, when called upon by the State Board of Pardons and Paroles, to examine carefully, persons incarcerated in any penal institution of this State whose application for parole is before the Board and advise with respect to whether the subject be mentally and morally
MONDAY, FEBRUARY 13, 1956
637
capable of maintaining himself, or herself, outside a penal institu tion; whether there by any latent or unconscious mental or moral impairment reasonably calculated to render the subject a dubious parole risk; whether such subject would likely respond to psychia tric treatment. Said Staff shall, after full examination file with the Chairman of the State Board of Pardons and Paroles its find ings and observations, wherein shall be contained any observations or findings not mentioned herein which might have bearing on the subject's entitlement to parole. Methods of examination of parolees shall conform to diagnostic procedures usually employed in medical practice by specialists in mental and nervous diseases and disorders."
SECTION 5.
Said Act is further amended by adding a new Section, designated Section 11-E, to read as follows:
"11-E. For the purposes contemplated herein, sex crimes are (1) rape; (2) assault with the intent to rape; (3) sodomy; (4) kidnapping a female by a male; (5) incest; (6) molesting chil dren to gratify a sex urge. Persons convicted of a sex crime shall be examined not more than 60 days prior to becoming eligible for parole, by the Advisory Staff when requested to do so by the State Board of Pardons and Paroles. Said Staff may, after careful examination and diagnosis, make known to the State Board of Pardons and Paroles whether the subject so examined, has any mental, moral or physical impairment which would render release unadvisable. Not less than ninety days prior to the expiration date of the penal sentence of any such offender, that is to say, any person convicted of a sex crime the Chairman of the State Board of Pardons and Paroles, when he considers it necessary, may direct the Advisory Staff to complete the same character of examination and report on each of such persons as is required in connection with an application for parole. Those reports of examination as would fail to support an application for parole shall be furnished to the Solicitor General of the judicial circuit wherein lies the county of residence of the offender, or in the event such person be a non-resident of this State, then to the Solicitor General of the judicial circuit wherein lies the county in which the indictment, trial and conviction occurred. It shall thereupon be and become the duty of the Solicitor General to cause a lunacy warrant to be sued out in the manner and before the authority outlined and prescribed in statutes codified as Chapter 49-6 of the Code of Georgia of 1933. The procedure incident to the suing out of said lunacy warrant, the trial of the issues raised, the commitment and all else, except as hereinafter provided, shall be in all respects as prescribed in said statutes. The report of examination so furnished the Solicitor General shall, notwithstanding other provisions of law, be deemed a sufficient cause and basis for the issuance of a lunacy warrant.
SECTION 6.
Said Act is further amended by adding a new section, designated Section 11-F, to read as follows:
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JOURNAL OP THE SENATE,
"11-F. In the accomplishment of the aforementioned duties, officers, agents and employees of this State, and of each sub division thereof, having the custody of prisoners, shall be required to lend full cooperation to said advisory staff in the accomplish ment of their duties under this amendatory Act. Records shall be filed with the State Board of Pardons and Paroles and kept in the individual case folder of the persons concerned and made available to the State Board of Pardons and Paroles and to members of the Advisory Staff. Provided, however, said records shall be confi dential and shall hot be disclosed except to the above named per sons and except as provided now by an act of the General Assembly providing for the disclosure of the records of the State Board of Pardons and Paroles in certain instances.
SECTION 7.
All laws and parts of laws in conflict with this Act are hereby repealed.
SECTION 8.
If any clause, sentence, paragraph, section or part of this Act shall for any reason be declared unconstitutional it shall not affect the validity of any remaining part of this Act.
SECTION 9.
The provisions of this Act shall not be activated until such time as funds in excess of $250,000.00 are made available to the State Board of Pardons and Paroles for its operation.
Senator Millican of the 52nd offered the following amendment to the sub stitute to HB 65:
Senator Millican of the 52nd moves to amend committee substitute to HB 6, Section 1, line 13, by adding after the words "one legal ex pert" the following:
"who is a member of the Attorney General's office and" and by striking the word "ten" on the same line and inserting in lieu thereof the word "seven".
Further amend Section 3, line 5, by adding the word "medical" between the words "professional members".
Further amend Section 3, last line, after the word "annually" by dropping the period and adding "for its entire operation"
Further amend by adding at the end of Section 3, the following:
"The member from the Attorney General's office shall receive no additional compensation for service on said Board other than travel allowance".
On the adoption of the amendment to the substitute, the ayes were 36, nays 0, and the amendment was adopted.
MONDAY, FEBRUARY 13, 1956
639
On the adoption of the substitute, as amended, the ayes were 34, nays 0, and the substitute, as amended, 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 38, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute as amended.
Senator Morrison of the 15th moved that the following bill of the House, adversely reported, be recommitted to the Committee on Judiciary:
HB 336. By Mr. Sanders of Richmond and others: A bill to provide for subsistence allowances not to exceed five dollars per day in behalf of sheriffs, deputy sheriffs, patrolmen, policemen and other law enforcement officers, for federal income taxation; and for other purposes.
The motion prevailed.
HB 73. By Messrs. Sognier, Cheatham and Eyler of Chatham: A bill to add one additional judge of the superior court for the Eastern Judicial Circuit 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 86. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A bill to add two additional judges of the superior court for the Atlanta 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Turner of the 34th asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Health and Welfare, read the second time and recommitted:
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JOURNAL OF THE SENATE,
SB 164. By Senator Turner of the 34th:
A bill to provide for the organization of cemeteries and for their regu lation by cemetery authorities; said act to be known as the General Cemetery Act; and for other purposes.
The consent was granted.
HB 379. By Messrs. Blalock and Foster of Clayton:
A bill to create a new judicial circuit for the state of Georgia, to be known as the Clayton 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator McDonald of the 43rd asked unanimous consent that the following bills of the House be withdrawn from the Committee on Educational Matters, read the second time and recommitted:
HB 186. By Mr. Groover of Bibb and others:
A bill to create the position of fiscal control officer within the State Department of Education; and for other purposes.
HB 301. By Mr. Carlisle of Bibb and others:
A bill to prohibit the appropriation or expenditure of any state, county, municipal or other public funds for the maintenance, upkeep, operation or support of any public school or institution providing educational or training courses or programs of any nature or character whatsoever, including but not limited to schools providing technical courses, nurses training courses, manual training courses and any and all other voca tional or educational courses where such schools or institutions do not provide separate schools or classes for the white and colored races; and for other purposes.
HB 361. By Mr. Hall of Floyd and others:
A bill to amend an act relating to compensation of members of county boards of education, so as to authorize the General Assembly to provide by local act for the compensation of such members; and for other purposes.
HB 473. By Mr. Moate of Hancock and others:
A bill to amend an act creating the Minimum Foundation Program of Education, as relating to contracts of professional personnel, so as to provide for an election of teachers, principals, and other school em ployees upon the vote of a majority of the entire membership of the board of educaton without the recommendation of the county superin tendent; and for other purposes.
MONDAY, FEBRUARY 13, 1956
641
HB 366. By Mr. Hall of Floyd and others:
A bill to amend an act establishing a retirement system for certain teachers in the public and state supported schools; and for other pur poses.
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 509. By Mr. Land of Wilkinson:
A bill to establish a new charter for the Town of Allentown, in the County of Wilkinson; and for other purposes.
HB 534. By Mr. Lokey of Fulton:
A bill to amend an act providing that cities having a population of 150,000 or more, shall provide pensions for members of the police de partment of such city; and for other purposes.
HB 539. By Mr. Truelove of White:
A bill to amend an act incorporating the Town of Helen, so as to change the corporate limits; and for other purposes.
HB 540. By Messrs. Sognier, Cheatham and Eyler of Chatham:
A bill to amend the charter of the Town of Thunderbolt; and for other purposes.
HB 545. By Mr. Lokey of Fulton:
A bill providing that cities having a population of more than 150,000, shall furnish pension to all officers and employees of such cities and providing a system of pensions, so as to re-open the pension fund; and for other purposes.
HB 546. By Messrs. Lam and Birdsong of Troup:
A bill to incorporate and establish the City of North West Point, in the County of Troup; and for other purposes.
HB 553. By Mr. Wilson of Towns:
A bill to consolidate and supersede the several acts incorporating the City of Hiawassee, in the County of Towns; and for other purposes.
642
JOURNAL OF THE SENATE,
HB 558. By Messrs. Lam and Birdsong of Troup:
A bill to amend an act creating a new charter for the City of Hogansville; and for other purposes.
HB 564. By Messrs. Groover and Carlisle 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 566. By Messrs. H. Smith, M. Smith and Lokey of Pulton:
A bill to create the office of Director of Public Safety in all counties having a population of 300,000 or more; to provide for the appoint ment and term thereof; and for other purposes.
HB 567. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A bill to amend an act to provide for the retirement of the judges and the solicitor-general of the criminal court of Fulton County. The judges of the civil court of Fulton County and the judge of the juvenile court; and for other purposes.
HB 568. By Messrs. Lam and Birdsong of Troup:
A bill to amend an act creating a new charter for the City of Hogansville; and for other purposes.
HB 569. By Mr. Rowland of Johnson:
A bill to amend an act entitled "An act to incorporate the Town of Kite"; arid for other purposes.
HB 573. By Mr. Rowland of Johnson:
A bill to amend an act entitled "An act to amend, consolidate and super'sede the several acts incorporating the City of Wrightsville"; and for other purposes.
HB 575. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to aniend the charter of the City of Pine Lake, in the County of DeKalb; and for other purposes.
HB 576. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to amend an act entitled "an act to provide for the examination for qualified electricians, for the right to engage in said vocation in counties having a population of not less than 85,000 and not more than 90,000"; and for other purposes.
HB 577. By Messrs. Mackay, Rutland and McWhorter of DeKalb:
A bill to amend an act entitled ''An act to create and establish the city court of Decatur"; and for other purposes.
MONDAY, FEBRUARY 13, 1956
643
HB 582. By Mr. Souter of Macon:
A bill to supplement the fees of the ordinary of Macon County; and for other purposes.
HB 587. By Messrs. H. Smith, M. Smith, and Lokey of Fulton:
A bill to amend an act entitled "An act to amend an act entitled 'County Officers. Laws Applicable' in counties having a population of 300,000 or more"; and for other purposes.
HB 536. By Mr. Lokey of Fulton:
A bill to amend an act providing that cities having a population of more than 150,000 shall provide pensions for members of the fire department of such cities; and for other purposes.
HB 537. By Mr. Lokey of Fulton:
A bill to amend an act entitled "An act for the protection of the pen sion rights of county employees, county school district teachers and employees and employees of the largest city located in whole or in part in counties having a population of 300,000 or more; to provide pension credits for prior service with subdivisions of government"; and for other purposes.
HB 544. By Messrs. H. Smith, and Lokey of Fulton:
A bill to amend an act creating a joint city-county board of tax assessors in all counties having within its borders all or the greater part of the population of 300,000 or more; and for other purposes.
HB 550. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A bill to amend an act to create a civil service board in Fulton County, and to provide that the personal secretary and special bailiff or law clerk of the judges of the superior and criminal courts of Fulton County shall not be in the classified service on the date of the approval of this act; and for other purposes.
HR 77. By Messrs. Watson and Denson of Dougherty:
A resolution proposing an amendment to the Constitution so as to pro vide for the establishment of a sewage system in the City of Albany and Dougherty County; and for other purposes.
HR 79. By Messrs. Willis and Chastain of Thomas:
A resolution proposing an amendment to the Constitution so as to pro vide for the election of members of the Board of Education of Thomas County by districts; and for other purposes.
HR 82. By Messrs. Wright, Hall and Scoggin of Floyd:
A resolution proposing an amendment to the Constitution so as to pro vide for the establishment and administration of a system of street
644
JOURNAL OP THE SENATE,
lights for Floyd County by the Commissioner of Roads and Revenues; and for other purposes.
HR 84. By Messrs. Watson and Denson of Dougherty:
A resolution proposing an amendment to the Constitution so as to pro vide for the establishment of a sewage system in the City of Albany and Dougherty; and for other purposes.
HR 105. By Mr. Phillips of Walton:
A resolution proposing an amendment to the Constitution, exclusive of those residing within the corporate limits of Social Circle, so as to pro vide that all of Walton County exclusive of the Independent School System of Social Circle shall comprise one school district, etc.; and for other purposes.
HR 118. By Messrs. Sanders, Holley and Chambers of Richmond:
A resolution proposing an amendment to the Constitution authorizing the General Assembly to consolidate and combine the Richmond County and City Council of Augusta tax assessors for both real and personal property and all the governmental functions now vested in and exer cised by the said boards in the City Council of Augusta and Richmond County; and for other purposes.
HR 123. By Messrs. Young, Nilan and Pickard of Muscogee:
A resolution proposing an amendment to the Constitution, to empower the Board of Commissioners of Roads and Revenues of Muscogee County for regulatory and revenue purposes, to assess and collect license fees and occupational taxes, etc.; and for other purposes.
HR 129. By Mr. McCracken of Jefferson:
A resolution proposing an amendment to Article VII, Section V, Para graph I, of the Constitution, so ts to authorize the City of Louisville, in Jefferson County, to levy a tax not to exceed one mill for the pur pose of creating a fund to be used in assisting, promoting and encour aging the location of any industries in the City of Louisville; and for other purposes.
HR 138. By Mr. Singer of Stewart:
A resolution proposing an amendment to the Constitution so as to pro vide for the election of members of the Board of Education of Stewart County; and for other purposes.
HR 140. By Messrs. Kilgore and Kelley of Gwinnett:
A resolution proposing an amendment to the Constitution so as to pro vide for the election of members of the Board of Education of Gwinnett County; and for other purposes.
HR 143. By Messrs. Gunter and Williams of Hall:
A resolution proposing an amendment to the Constitution, to provide
MONDAY, FEBRUARY 13, 1956
645
that the General Assembly may grant to the governing authority of
Hall County, the right to construct, grade, pave, repave and repair roads and streets, etc.; and for other purposes.
HR 147. By Mr. Singer of Stewart:
A resolution proposing an amendment to the Constitution so as to pro vide for the existence of schools in certain districts in Stewart County; and for other purposes.
HR 148. By Messrs. Gunter and Williams of Hall:
A resolution proposing an amendment to the Constitution so as to provide for the establishment of fire prevention districts in Hal] County outside municipalities; and for other purposes.
HR 149. By Messrs. Gunter and Williams of Hall:
A resolution proposing an amendment to the Constitution so as to pro vide for the selection and appointment of a Superintendent of the Hall County School System by the Hall County Board of Education; and for other purposes.
HR 166. By Mr. Strickland of Toombs:
A resolution proposing an amendment to the Constitution so as to create the Vidalia Development Authority; to provide for the powers, authority, funds, purposes and procedure connected therewith; and for other purposes.
HR 170. By Messrs. Nightingale and Killian of Glynn:
A resolution proposing an amendment so as to provide for the estab lishment of a sewage system in the City of Brunswick and Glynn County; and for other purposes.
HR 171. By Messrs. Nightingale and Killian of Glynn:
A resolution proposing an amendment to the Constitution so as to provide for the establishment, acquiring, constructing, improving and operating Municipal Port and Terminal Facilities in the City of Bruns wick and Glynn County; and for other purposes.
HR 172. By Messrs. Nightingale and Killian of Glynn:
A resolution proposing an amendment to the Constitution so as to pro vide for the establishing of a sewage system in the City of Brunswick and Glynn County; and for other purposes.
HR 175. By Messrs. Nightingale and Killian of Glynn:
A resolution proposing an amendment to the Constitution so as to pro vide for the establishment, acquiring, constructing, improving and operating of municipal port and Terminal facilities in the City of Brunswick and Glynn County; and for other purposes.
646
JOURNAL OF THE SENATE,
HR 199. By Messrs. Jones and Hogan of Laurens:
A resolution proposing an amendment so as to authorize the Town of Dudley, in Laurens County, to levy a tax not to exceed one mill for the purpose of creating a fund to be used in assisting, promoting and encouraging, the location of any industries in the Town of Dudley; and for other purposes.
HR 201. By Mr. Sheffield of Brooks:
A resolution proposing an amendment to the Constitution so as to pro vide for the election of members of the Board of Education of Brooks Gouty; and for other purposes.
HR 76. By Messrs. Lokey and M. Smith of Fulton:
A resolution proposing an amendment to the Constitution fixing the terms of office of the Judges of the Superior Court of the Atlanta Judicial Circuit; and for other purposes.
HR 186. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A resolution proposing to the qualified voters an amendment to the Constitution to create a new court or system of courts in and for each city having a population of more than 300,000; and for other purposes.
The following bills were introduced, read the first time and referred to committees:
HB 509. By Mr. Land of Wilkinson:
A bill to establish a new charter for the Town of Allentown, in the county of Wilkinson; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 534. By Mr. Lokey of Fulton:
A bill to amend an act providing that cities having a population of 150,000 or more, shall provide pensions for members of the police de partment of such city; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 539. By Mr. Truelove of White:
A bill to amend an act incorporating the Town of Helen, so as to change the corporate limits; and for other purposes. Referred to Committee on County and Municipal Governments.
HB 540. By Messrs. Sognier, Cheatham and Eyler of Chatham: A bill to amend the charter of the Town of Thunderbolt; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 545. By Mr. Lokey of Fulton: A bill providing that cities having a population of more than 150,000,
MONDAY, FEBRUARY 13, 1956
647
shall furnish pensions to all officers and employees of such cities and providing a system of pensions, so as to re-open the pension fund; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 536. By Mr. Lokey of Fulton:
A bill to amend an act providing that cities having a population of more than 150,000 shall provide pensions for members of the fire departments of such cities; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 537. By Mr. Lokey of Fulton:
A bill to amend an act entitled "an act for the protection of the pen sion rights of county employees, county school district teachers and employees and employees of the largest city located in whole or in part in counties having a population of 300,000 or more; to provide pension credits for prior service with subdivisions of government"; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 544. By Messrs. H. Smith and Lokey of Fulton:
A bill to amend an act creating a joint city-county board of tax asses sors in all counties having within its borders all or the greater part of the population of 300,000 or more; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 545. By Mr. Lokey of Fulton:
A bill providing that cities having a population of more than 150,000, shall furnish pensions to all officers and employees of such cities and providing a system of pensions, so as to re-open the pension fund; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 546. By Messrs. Lam and Birdsong of Troup:
A bill to incorporate and establish the City of North West Point, in the County of Troup; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 550. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A bill to amend an act to create a civil service board in Fulton County, and to provide that the personal secretary and special bailiff or law clerk of the judges of the superior and criminal courts of Ful ton County shall not be in the classified service on the date of the approval of this Act; and for other purposes.
Referred to Committee on County and Municipal Governments.
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JOURNAL OF THE SENATE,
HB 553. By Mr. Wilson of Towns:
A bill to amend, consolidate and supersede the several acts incorporat ing the City of Hiawassee in the County of Towns; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 558. By Messrs. Lam and Birdsong of Troup:
A bill to amend an act creating a new charter for the City of Hogansville; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 564. By Messrs. Groover and Carlisle 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 County and Municipal Governments.
HB 566. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A bill to create the office of director of public safety in all counties having a population of 300,000 or more; to provide for the appoint ment and term thereof; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 567. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A bill to amend an act to provide for the retirement of the judges and the solicitor-general of the criminal court of Fulton County, the judges of the civil court of Fulton County and the judge of the Juve nile Court; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 568. By Messrs. Lam and Birdsong of Troup:
A bill to amend an act creating a new charter for the city of Hogansville; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 569. By Mr. Rowland of Johnson:
A bill to amend an act entitled "an act to incorporate the town of Kite;" and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 573. By Mr. Rowland of Johnson:
A bill to amend an act entitled "an act to amend, consolidate, and supersede the several acts incorporating the City of Wrightsville"; and for other purposes.
Referred to Committee on County and Municipal Governments.
MONDAY, FEBRUARY 13, 1956
649
HB 575. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to amend the charter of the City of Pine Lake in the county of DeKalb; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 576. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to amend an act entitled 'an act to provide for the examination for qualified electricians, for the right to engage in said vocation in counties having a population of not less than 85,000 and not more than 90,000;" and for other purposes.
Referred to Committee on County and Municipal Government.
HB 577. By Messrs. Mackay, Rutland and McWhorter 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 County and Municipal Governments.
HB 582. By Mr. Souter of Macon:
A bill to supplement the fees of the ordinary of Macon County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 587. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A bill to amend an act entitled "an act to amend an act entitled 'County Officers. Laws Applicable' in counties having a population of 300,000 or more;" and for other purposes.
Referred to Committee on County and Municipal Governments.
HR 76. By Messrs. Lokey and M. Smith of Fulton:
A resolution proposing an amendment to the constitution fixing the terms of office of the judges of the superior court of the Atlanta Judicial Circuit; and for other purposes.
Referred to Committee on Judiciary.
HR 77. By Messrs. Watson and Denson of Dougherty:
A resolution proposing an amendment to the constitution so as to provide for the establishment of a sewage system in the city of Albany and Dougherty County; and for other purposes.
Referred to Committee on Judiciary.
HR 79. By Messrs. Willis and Chastain of Thomas: A resolution proposing an amendment to the constitution so as to
650
JOURNAL OF THE SENATE,
provide for the election of the members of the Board of Education of Thomas County by districts; and for other purposes.
Referred to Committee on Judiciary.
HR 82. By Messrs. Wright, Hall and Scoggin of Ployd:
A resolution proposing an amendment to the constitution so as to pro vide for the establishment and administration of a system of street lights for Ployd County by the Commissioner of Roads and Revenues; and for other purposes.
Referred to Committee on Judiciary.
HR 84. By Messrs. Watson and Denson of Dougherty:
A resolution proposing an amendment to the constitution so as to pro vide for the establishment of a sewage system in the city of Albany and Dougherty; and for other purposes.
Referred to Committee on Judiciary.
HR 105. By Mr. Phillips of Walton:
A resolution proposing an amendment to the constitution, exclusive of those residing within the corporate limits of Social Circle, so as to provide that all Walton County exclusive of the independent school system of Social Circle shall comprise one school district; and for other purposes.
Referred to Committee on Judiciary.
HR 118. By Messrs. Sanders, Holley and Chambers of Richmond:
A resolution proposing an amendment to the constitution authorizing the General Assembly to consolidate and combine the Richmond County and city council of Augusta tax assessors for both real and personal property and all the governmental functions now vested in and exer cised by the said boards in the city council of Augusta and Richmond County; and for other purposes.
Referred to Committee on Judiciary.
HR 123. By Messrs. Young, Nilan and Pickard of Muscogee:
A resolution proposing an amendment to the constitution, to empower the board of commissioners of roads and revenues of Muscogee County and for regulatory and revenue purposes, to assess and collect license fees and occupational taxes; and for other purposes.
Referred to Committee on Judiciary.
HR 129. By Mr. McCracken of Jefferson:
A resolution proposing an amendment to Article VII, Section V, Para graph I of the constitution, so as to authorize the City of Louisville, in Jefferson County, to levy a tax not to exceed one mill for the pur pose of creating a fund to be used in assisting, promoting and encour-
MONDAY, FEBRUARY 13, 1956
651
aging the location of any industries in the City of Louisville; and for other purposes.
Referred to Committee on Judiciary.
HR 138. By Mr. Singer of Stewart:
A resolution proposing an amendment to the constitution so as to pro vide for the election of members of the Board of Education of Stewart County; and for other purposes.
Referred to Committee on Judiciary.
HR 140. By Messrs. Kilgore and Kelley of Gwinnett:
A resolution proposing an amendment to the constitution so as to pro vide for the election of members of the Board of Education of Gwinnett County; and for other purposes.
Referred to Committee on Judiciary.
HR 143. By Messrs. Gunter and Williams of Hall:
A resolution proposing an amendment to the constitution, to provide that the General Assembly may grant to the governing authority of Hall County, the right to construct, grade, pave, repave and repair roads and streets, etc.; and for other purposes.
Referred to Committee on Judiciary.
HR 147. By Mr. Singer of Stewart:
A resolution proposing an amendment to the constitution so as to provide for the existence of schools in certain districts in Stewart County; and for other purposes.
Referred to Committee on Judiciary.
HR 148. By Messrs. Gunter and Williams of Hall:
A resolution proposing an amendment to the constitution so as to pro vide for the establishment of fire prevention districts in Hall County outside municipalities; and for other purposes.
Referred to Committee on Judiciary.
HR 149. By Messrs. Gunter and Williams of Hall:
A resolution proposing an amendment to the constitution so as to provide for the selection and appointment of a superintendent of the Hall County School System by the Hall County Board of Education; and for other purposes.
Referred to Committee on Judiciary.
HR 166. By Mr. Strickland of Toombs: A resolution proposing an amendment to the constitution so as to
652
JOURNAL OP THE SENATE,
create the Vidalia Development Authority; to provide for the powers, authority, funds, purposes and procedure connected therewith; and for other purposes.
Referred to Committee on Judiciary.
HR 170. By Messrs. Nightingale and Killian of Glynn:
A resolution proposing an amendment so as to provide for the estab lishment of a sewage system in the City of Brunswick and for Glynn County; and for other purposes.
Referred to Committee on Judiciary.
HR 171. By Messrs. Nightingale and Killian of Glynn:
A resolution proposing an amendment to the constitution so as to provide for the establishment, acquiring, constructing, improving and operating municipal port and terminal facilities in the city of Bruns wick and Glynn County; and for other purposes.
Referred to Committee on Judiciary.
HR 172. By Messrs. Nightingale and Killian of Glynn:
A resolution proposing an amendment to the constitution so as to pro vide for the establishing of a sewage system in the city of Brunswick and Glynn County; and for other purposes.
Referred to Committee on Judiciary.
HR 175. By Messrs. Nightingale and Killian of Glynn:
A resolution proposing an amendment to the constitution so as to pro vide for the establishment, acquiring, constructing, improving and operating of municipal port and terminal facilities in the city of Brunswick and Glynn County; and for other purposes.
Referred to Committee on Judiciary.
HR 186. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A resolution proposing to the qualified voters an amendment to the constitution to create a new court or system of courts in and for each city having a population of more than 300,000; and for other purposes.
Referred to Committee on Judiciary.
HR 199. By Messrs. Jones and Hogan of Laurens:
A resolution proposing an amendment so as to authorize the town of Dudley, in Laurens County, to levy a tax not to exceed one mill for the purpose of creating a fund to be used in assisting, promoting and en couraging the location of any industries in the town of Dudley; and for other purposes.
Referred to Committee on Judiciary.
MONDAY, FEBRUARY 13, 1956
653
HR 201. By Mr. Sheffield of Brooks:
A resolution proposing an amendment to the constitution so as to provide for the election of members of the board of education of Brooks County; and for other purposes.
Referred to Committee on Judiciary.
SR 35. By Senator Overby of the 33rd:
A resolution creating a committee to study the advisability of con structing a building for the purpose of storing county and state records; and for other purposes.
Senator Overby of the 33rd offered the following substitute:
A RESOLUTION
Creating a committee to study the advisability of constructing a building for the purpose of storing county and State records; and for other purposes.
WHEREAS, the official records of the State and the various counties thereof are of inestimable value, and most of them can never be replaced in the event of their destruction, and
WHEREAS, the affairs of the State and the counties would be dis rupted and in a state of confusion if such records were not available for study, and
WHEREAS, it has been suggested for several years that a building be constructed for the purpose of storing such records, and the destruc tion of the Douglas County Courthouse by fire has focused attention upon this matter and upon the dire need for such a building, and
WHEREAS, it has been suggested that a building be constructed adjacent to the present structure housing the Department of Archives and History, and
WHEREAS, in the event of the construction of such a building, various records could not only be stored there, but could be microfilmed, laminated and otherwise restored in order that their usefulness be in creased, and the prospect of their destruction reduced to an absolute minimum,
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created a committee for the purpose of making a comprehensive study as to the advisability of constructing a building adjacent to the structure presently housing the Department of Archives and History, for the purpose of storing the aforesaid records and restoring them to usefulness as aforesaid. Said Committee shall be composed of three members, one of whom shall be a member of the House of Representatives, to be appointed by the Speaker, one of whom shall be a member of the Senate, to be appointed by the President, and the other member shall be the Secretary of State. Said Committee is hereby authorized to make a complete and comprehensive study as aforesaid, and is authorized to consult with experts and other persons familiar with the matters described herein, in order to be able to obtain the best possible information thereon. The Secretary of State
654
JOURNAL OP THE SENATE,
is hereby designated as Chairman of the Committee, and the Committee shall meet upon his call. For each day spent in the performance of the duties and functions described herein, each member of the Committee, including the member who is not a member of the General Assembly, shall be entitled to, and shall receive, the same per diem, compensation, expense allowance and travel allowance as is received by a member of the General Assembly for service on interim committees. The members of the Committee shall receive no pay for any days beyond a total of ten days in the aggregate. The Committee shall make a report of its study, which report shall include its findings, conclusions and recom mendations relative to the subject matter of its study, to the members of the General Assembly, the Governor and the public, on or before January 15, 1957, and the Committee created hereunder shall stand abolished as of that date.
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 38, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
HE 22. By Mr. Bentley of Cobb:
A resolution proposing an amendment to the constitution so as to provide for the paving of streets and sidewalks in Cobb County, and to authorize the cost thereof to be assessed against the abutting property; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution, proposing an amendment to the constitution, a roll call was ordered and the vote was as follows:
Those voting in the affirmative were Senators:
Ayers Brooks Chance Coffin Davis Dean Dews Florence Garrett Harper Harrison Hollis Hopkins Housley
Jones, 18th Jones, 23rd Kelly Lambert Mann Matthews McBride McDonald Millican Neel Overby Page Paulk Ponsell
Richardson Ricketson
Seagraves Shurling Steis Strickland Turner Ursrey Warnell Wetherington Wilkins
Wood Zellner
MONDAY, FEBRUARY 13, 1956
655
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 majority, was adopted.
HR 102. By Mr. McCracken of Jefferson:
A resolution to reimburse W. E. Sheppard for damage to his car caused by the Georgia 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 Messrs.:
Ayers
Chance Clary Coffin Davis Dews Harper Harrison Hollis Hopkins Housley Jones, 38th Jones, 18th Jones, 23rd
Kelly Lambert Lovett Mann
Matthews McBride McDonald Millican Neel Overby Page Paulk Raulerson Ricketson
Roop Seagraves Shurling Steis Strickland Turner Ursrey Warnell Wetherington Wilkins Wood Zellner
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 40, nays 0.
The resolution, having received the requisite majority, was adopted.
1
'
SR 43. By Senator Millican of the 52nd:
To Compensate Mr. John A. Willding for damages to his automobile with a State Highway Department truck owned by the State Highway Department and driven by Mr. J. L. Brown; and for other purposes.
The report of the committee, which was favorable to the adoption of the
resolution, was agreed to.
The resolution, proposing an amendment to the constitution, a roll call was ordered and the vote was as follows:
656
JOURNAL OF THE SENATE,
Those voting in the affirmative were Senators:
Ayers Chance Clary Coffin Davis Dews Harper Harrison Hollis Hopkins Housley Jones, 38th Jones, 18th Jones, 23rd
Kelly Lambert Lovett Mann Matthews McBride McDonald Millican Neel Overby Page Paulk Raulerson Ricketson
Roop Seagraves Shurling Steis Strickland Turner Ursrey Warnell Wetherington Wilkins Wood Zellner
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 40, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
SR 45. By Senator Millican of the 52nd:
A resolution proposing an amendment to the constitution so as to change the number of days within which the Governor shall submit the budget message and the general appropriations bill to the General Assembly; and for other purposes.
The report of the committee, which was favorable to the adoption of the reso lution, was agreed to.
The resolution, involving a constitutional amendment, a roll call was ordered and the vote was as follows:
Those voting in the affirmative were Senators:
Ayers Brooks Chance Clary Davis Dean Dews Florence Garrett
Harper Harrison Hollis Hopkins
Housley Jones, 38th Jones, 23rd Kelly Lambert Mann Matthews McDonald Millican ,
Neel Overby Page Paulk
Raulerson Reynolds Ricketson Roop Seagraves Shurling Steis Turner Warnell
Wetherington Wilkins Wood Zellner
Voting in the negative was Senator Coffin.
MONDAY, FEBRUARY 13, 1956
657
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 39, nays 1.
The resolution, having received the requisite constitutional majority, was adopted.
SR 44. By Senator McDonald of the 43rd:
A resolution to provide for the appointment of a commission composed of five members to study the problems of consumer financing of per sonal property in this State and to make recommendations; to author ize commission to subpoena witnesses and records; to authorize com mission to employ personnel to assist it in the performance of its duties and to expend funds for necessary material; to provide compensation for members of the commission; to provide date committee must make report and the repeal date of this resolution; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 37, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Overby of the 33rd moved that the Senate do now adjourn until 10:00 o'clock tomorrow morning and the motion prevailed.
The president announced the Senate adjourned until 10:00 o'clock tomorrow morning.
658
JOURNAL OF THE SENATE,
Senate Chamber, Atlanta, Georgia, Tuesday, February 14, 1956.
The Senate met pursuant to adjournment at 10:00 o'clcok 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.
Senate Steis of the 25th 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 Overby of the 33rd 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. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.
The consent was granted.
The following resolution of the Senate was read and adopted:
SR 47. By Senator McDonald of the 43rd:
A resolution expressing appreciation to Attorney General Eugene Cook and the Bill Drafting Unit; and for other purposes.
Senator Turner of the 34th asked unanimous consent that the following bills of the Senate be withdrawn from the Committee on County and Municipal Gov ernments, read the second time and recommitted:
SB 165. By Senator Florence of the 39th:
A bill to repeal the act placing the clerk of the superior court, the ordinary, the tax commissioner and the sheriff of Cherokee County on a salary basis in lieu of a fee basis; and for other purposes.
SB 166. By Senator Brooks of the 50th: A bill to amend the act establishing the city court of Lexington in the
TUESDAY, FEBRUARY 14, 1956
659
county of Oglethorpe so as to change the compensation of the judge of said court; and for other purposes.
SB 51. By Senator Matthews of the 47th:
A bill to amend the act creating and establishing a new charter for the City of Moultrie by providing that the water system, the electric system and the gas system of the city of Moultrie are public utilities as to all parts of said system outside of said city and as to the operation of said system outside of said city; and for other purposes.
The consent was granted.
Senator Parker of the 20th asked unanimous consent that the following bills of the House be withdrawn from the Committee on Judiciary, read the second time and recommitted:
HB 141. By Mr. Duke of Baldwin and others:
A bill to amend an act relating to the restoration to sanity of insane persons; relating to lunacy trials of persons at Milledgeville State Hos pital; and for other purposes.
HB 142. By Mr. Duke of Baldwin and others:
A bill to amend an act relating to a commission to examine persons for whom guardianship is sought or committal to the Milledgeville State Hospital is sought; 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 335. By Messrs. Floyd and Weems of Chattooga, Perkins of Carroll and others:
A bill to amend an act providing for an integrated Veterans Service of Georgia; and for other purposes.
HB 348. By Mr. Dean of Rockdale:
A bill to provide for the appointment of an assistant Solicitor General in Judicial Circuits having two or more Judges of Superior Courts in such circuit; and for other purposes.
HB 393. By Messrs. Groover of Bibb, Floyd of Chattooga, and others:
A bill to amend an act entitled "Public Safety Department Act", so as to change the amount of the fee required for the issuance of a duplicate license; and for other purposes.
660
JOURNAL OF THE SENATE,
HB 459. By Messrs. Mackay, Rutland and McWhorter of DeKalb and Ivey of Newton:
A bill to add one additional Judge of the Superior Courts for the Stone Mountain Circuit; and for other purposes.
HB 501. By Messrs. Blalock of Clayton and Scoggin of Floyd:
A bill to amend an act to provide for fixing the salary of the Director of the State Board of Social Security; and for other purposes.
HB 532. By Mr. Sheffield of Brooks:
A bill to amend an act known as the General Tax Act, so as to remove the provisions as to the tax upon dealers in rim-fire pistol and rifle cartridges; and for other purposes.
HB 584. By Mr. Groover of Bibb:
A bill to simplify the construction, acquisition and financing of educa tional and training facilities for the State by transferring to and con ferring upon the State School Building Authority, created and operating under the State School Building Authority Act; and for other purposes.
HR 29. By Messrs. Alien and Fordham of Bulloch: A resolution to compensate Dr. John Mooney, and for other purposes.
HR 56. By Messrs. Gunter and Williams of Hall: A resolution to compensate Ralph Cleveland; and for other purposes.
HR 103. By Messrs. Hayes and Tanner of Coffee:
A resolution to compensate Daniel H. Walker expenses for repairing automobile; and for other purposes.
HR 110. By Mr. Ivey of Newton: A resolution to compensate Walker Harris; and for other purposes.
HR 112. By Messrs. Tanner and Hayes of Coffee: A resolution compensating W. S. Mooneyham; and for other purposes.
HR 113. By Mr. Wheeler of Seminole: A resolution to compensate Roy Hill for injuries; and for other purposes.
HR 141. By Messrs. Coker of Cherokee and Mashburn of Forsyth: A resolution authorizing the Governor to sell certain land in Dawson and Forsyth Counties; and for other purposes.
HR 124. By Messrs. Stephens of Clarke, Fowler of Douglas and others: A resolution creating a committee to study the advisability of construct-
TUESDAY, FEBRUARY 14, 1956
661
ing a building for the purpose of storing county and State Records; and for other purposes.
HR 125. By Mr. Murphy of Haralson:
A resolution to compensate Preston Morris for damage to his automobile caused by an employee of the State Highway Department; and for other purposes.
HR 128. By Mr. Eyler of Chatham:
A resolution to provide for payment to the Quante Plumbing and Heating Company for damage to said company's truck; and for other purposes.
HR 150. By Mr. Matthews of Clarke:
A resolution to compensate the B & B Beverage Company for damages to its truck; and for other purposes.
HR 157. By Messrs. Lindsey and Bolton of Spalding:
A resolution to compensate Nolin Burl Randolph for damages; and for other purposes.
HR 158. By Mr. Love of Catoosa:
A resolution to compensate T. W. Christian of Ringgold, Georgia for damages; and for other purposes.
HR 165. By Mr. Harrison of Wayne:
A resolution proposing the payment of surgical and hospital bills for C. B. Price; and for other purposes.
HR 188. By Messrs. Cloud of Decatur and Harrell of Grady:
A resolution authorizing the establishment and leasing of port facilities in Decatur County; and for other purposes.
HR 189. By Messrs. Nightingale and Killian of Glynn: A resolution authorizing the establishment and leasing of port facilities in Glynn County; and for other purposes.
HR 197. By Messrs. Gunter and Williams of Hall: A resolution to compensate Mrs. Ann H. Meyer; and for other purposes.
HR 198. By Mr. Todd of Glascock: A resolution to provide for payment to Charlie B. Swint for damages to his Ford pickup truck; and for other purposes.
HR 204. By Messrs. Sanders, Holley and Chambers of Richmond: A resolution authorizing the establishing and leasing of port facilities in Richmond County; and for other purposes.
662
JOURNAL OF THE SENATE,
HR 206. By Messrs. Murphy of Crawford and Cheek of Taylor:
A resolution to designate a bridge which crosses the Flint River as the Colonel Benjamin Hawkins Bridge; and for other purposes.
HR 209. By Messrs. Cheatham, Eyler and Sognier of Chatham:
A resolution authorizing and directing the Governor to lease certain lands in Chatham County; and for other purposes.
SB 132. By Senator Blalock of the 36th:
A bill to amend an Act to establish a City Court of Newnan; and for other purposes.
SR 21. By Senator Millican of the 52nd:
A resolution proposing to the qualified voters of the State of Georgia an amendment to the Constitution so as to authorize the issuance of revenue certificates; and for other purposes.
SR 28. By Senator1 Richardson of the 13th:
A resolution proposing to the qualified voters an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Macon County; and for other purposes.
SR 32. By Senator Page of the 1st:
A resolution proposing an amendment to the Constitution so as to authorize the Governing Authority of Chatham County to expend county funds for the purpose of eradicating mosquitoes; and for other purposes.
SR 33. By Senator Page of the 1st:
A resolution proposing to the qualified voters an amendment to the Con stitution creating additional industrial areas in the County of Chatham; and for other purposes.
SR 36. By Senator Raulerson of the 46th:
A resolution proposing an amendment to the Constitution so as to pro vide for the election of members of the Board of Education of Pierce County by district; and for other purposes.
The House has adopted the following Resolution of the House, to-wit:
HR 231. By Messrs. Moate of Hancock and Groover of Bibb: A resolution commending Honorable Carl Vinson, and for other purposes.
The House has agreed to the Senate Amendments to the following Bills of the House, to-wit:
TUESDAY, FEBRUARY 14, 1956
663
HB 183. By Messrs. Campbell and Coker of Walker:
A bill to amend an Act relating to the issuance of marriage licenses; and for other purposes.
HB 198. By Mr. Fain of Franklin:
A bill to repeal an act creating the office of Commissioner of Roads and Bridges and a Board of Finance for Franklin County; and for other purposes.
HB 318. By Messrs. Bolton and Lindsey of Spalding:
A bill to amend the charter of the City of Griffin; and for other pur poses.
The following bills and resolutions were introduced, read the first time and referred to committees:
HB 335. By Messrs. Floyd and Weems of Chattooga, Perkins of Carroll and others:
A bill to amend an act providing for an integrated Veterans Service of Georgia; and for other purposes.
Referred to Committee on Defense and Veterans Affairs.
HR 348. By Mr. Dean of Rockdale:
A bill to provide for the appointment of an assistant solocitor general in judicial circuits having two or more judges of superior courts in such circuit; and for other purposes.
Referred to Committee on Judiciary.
HB 393. By Messrs. Groover of Bibb, Floyd of Chattooga and others:
A bill to amend an act entitled "public safety department act", so as to change the amount of the fee required for the issuance of a duplicate license; and for other purposes.
Referred to Committee on Finance.
HB 459. By Messrs. Mackay, Rutland and McWhorter of DeKalb and Ivey of Newton:
A bill to add one additional judge of the superior courts for the Stone Mountain Circuit; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 501. By Messrs. Blalock of Clayton and Scoggin of Floyd:
A bill to amend an act to provide for fixing the salary of the director of the State Board of Social Security; and for other purposes.
Referred to Committee on Health and Welfare.
664
JOURNAL OF THE SENATE,
HB 532. By Mr. Sheffield of Brooks:
A bill to amend an act known as the General Tax Act, so as to remove the provisions as to the tax upon dealers in rim-fire pistol and rifle cartridges; and for other purposes.
Referred to Committee on Finance.
HB 584. By Mr. Groover of Bibb:
A bill to simplify the construction, acquisition and financing of educa tional and training facilities for the state by transferring to and con ferring upon the state school building authority, created and operating under the state school building authority act; and for other purposes.
Referred to Committee on Educational Matters.
HR 29. By Messrs. Alien and Fordham of Bulloch: A resolution to compensate Dr. John Mooney; and for other purposes.
Referred to the Committee on Appropriations.
HR 56. By Messrs. Gunter and Williams of Hall: A resolution to compensate Ralph Cleveland; and for other purposes.
Referred to the Committee on Appropriations.
HR 103. By Messrs. Hayes and Tanner of Coffee:
A resolution to compensate Daniel H. Walker expenses for repairing automobile; and for other purposes.
Referred to the Committee on Appropriations.
HR 110. By Mr. Ivey of Newton: A resolution to compensate Walker Harris; and for other purposes.
Referred to the Committee on Appropriations.
HR 112. By Messrs. Tanner and Hayes of Coffee: A resolution compensating W. S. Mooneyham; and for other purposes.
Referred to the Committee on Appropriations.
HR 113. By Mr. Wheeler of Seminole: A resolution to compensate Roy Hill for injuries; and for other purposes.
Referred to the Committee on Appropriations.
HR 141. By Messrs. Coker of Cherokee and Mashburn of Forsyth: A resolution authorizing the Governor to sell certain land in Dawson and Forsyth Counties; and for other purposes.
Referred to the Committee on Judiciary.
TUESDAY, FEBRUARY 14, 1956
665
HR 124. By Messrs. Stephens of Clarke, Fowler of Douglas and others:
A resolution creating a committee to study the advisability of construct ing a building for the purpose of storing county and State Records; and for other purposes.
Referred to the Committee on Senate Administrative Affairs.
HR 125. By Mr. Murphy of Haralson:
A resolution to compensate Preston Morris for damage to his automobile caused by an employee of the State Highway Department; and for other purposes.
Referred to the Committee on Appropriations.
HR 128. By Mr. Eyler of Chatham:
A resolution to provide for payment to the Quante Plumbing and Heat ing Company for damage to said company's truck; and for other pur poses.
Referred to the Committee on Appropriations.
HR 150. By Mr. Matthews of Clarke: A resolution to compensate the B & B Beverage Company for damages to its truck; and for other purposes.
Referred to the Committee on Appropriations.
HR 157. By Messrs. Lindsey and Bolton of Spalding: A resolution to compensate Nolin Burl Randolph for damages; and for other purposes.
Referred to the Committee on Appropriations.
HR 158. By Mr. Love of Catoosa: A resolution to compensate T. W. Christian of Ringgold, Georgia for damages; and for other purposes.
Referred to the Committee on Appropriations.
HR 165. By Mr. Harrison of Wayne:
A resolution proposing the payment of surgical and hospital bills for C. B. Price; and for other purposes.
Referred to the Committee on Appropriations.
HR 188. By Messrs. Cloud of Decatur and Harrell of Grady:
A resolution authorizing the establishment and leasing of port facilities in Decatur County; and for other purposes.
Referred to the Committee on Appropriations.
666
JOURNAL OP THE SENATE,
HR 189. By Messrs. Nightingale and Killian of Glynn:
A resolution authorizing the establishment and leasing of port facilities in Glynn County; and for other purposes.
Referred to the Committee on Appropriations.
HR 197. By Messrs. Gunter and Williams of Hall: A resolution to compensate Mrs. Ann H. Meyer; and for other purposes.
Referred to the Committee on Appropriations.
HR 198. By Mr. Todd of Glascock:
A resolution to provide for payment to Charlie B. Swint for damages to his Ford pickup truck; and for other purposes.
Referred to the Committee on Appropriations.
HR 204. By Messrs. Sanders, Holley and Chambers of Richmond:
A resolution authorizing the establishing and leasing of port facilities in Richmond County; and for other purposes.
Referred to the Committee on Agriculture and Natural Resources.
HR 206. By Messrs. Murphy of Crawford and Cheek of Taylor:
A resolution to designate a bridge which crosses the Flint River as the Colonel Benjamin Hawkins Bridge; and for other purposes.
Referred to the Committee on Highways.
HR 209. By Messrs. Cheatham, Eyler and Sognier of Chatham:
A resolution authorizing and directing the Governor to lease certain lands in Chatham County; and for other purposes.
Referred to the Committee on Defense and Veterans Affairs.
The following resolution of the House was read and adopted:
HR 231. By Messrs. Moate of Hancock and Groover of Bibb: A resolution commending Honorable Carl Vinson.
Mr. Turner of the 34th District, Chairman of the Committee on County and Municipal Governments, submitted the following report:
Mr. President:
Your Committee on County and Municipal Governments have had under con sideration the following bills of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 317. Do Pass, as amended.
HB 507. Do Pass.
TUESDAY, FEBRUARY 14, 1956
667
HB 494. Do Pass. HB 500. Do Pass. HB 499. Do Pass. HB 497. Do Pass. HB 438. Do Pass. HB 513. Do Pass. HB 526. Do Pass. HB 519. Do Pass. HB 520. Do Pass. HB 515. Do Pass. HB 510. Do Pass. HB 153. Do Pass. HB 518. Do Pass. HB 152. Do Pass. HB 492. Do Pass. HB 444. Do Pass. HB 489. Do Pass. HB 488. Do Pass. HB 480. Do Pass.
Respectfully submitted, Turner of 34th District, Chairman.
Mr. Garrett of the 53rd District, Chairman of the Committee on Finance, submitted the following report:
Mr. President:
Your Committee on Finance have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 131. Do Pass.
HB 382. Do Pass.
HB 384. Do Pass.
Respectfully submitted,
Garrett of 53rd District,
Chairman.
668
JOURNAL OF THE SENATE,
Mr. Turner of the 34th District, Chairman of the Committee on County and Municipal Governments, submitted the following report: Mr. President:
Your Committee on County and Municipal Governments have had under con sideration the following bills of the Senate and House and have instructed me as Chairman, to report the same back to the Senate with the following recom mendations :
SB 165. Do Pass. SB 166. Do Pass. SB 51. Do Pass. HB 496. Do Pass. HB 498. Do Pass. HB 551. Do Pass. HB 555. Do Pass. HB 559. Do Pass. HB 557. Do Pass.
Respectfully submitted, Turner of 34th District, Chairman.
Mr. Turner of the 34th District, Chairman of the Committee on County and Municipal Governments, submitted the following report:
Mr. President:
Your Committee on County and Municipal Governments have had under con sideration the following bills of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 523. Do Pass. HB 256. Do Pass. HB 504. Do Pass. HB 469. Do Pass. HB 505. Do Pass. HB 495. Do Pass. HB 316. Do Pass. HB 418. Do Pass. HB 491. Do Pass. HB 466. Do Pass. HB 528. Do Pass.
TUESDAY, FEBRUARY 14, 1956
669
HB 517. Do Pass. HB 508. Do Pass. HB 516. Do Pass. HB 512. Do Pass. HB 524. Do Pass. HB 490. Do Pass.
Respectfully submitted, Turner of 34th District, Chairman.
Mr. President, Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 525. Do Pass. HB 485. Do Pass.
Respectfully submitted, S. Ernest Vandiver, Chairman.
Mr. Hollis of the 24th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. President:
Your Committee on Judiciary have had under consideration the following bills and resolution of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 531. Do Pass. HB 340. Do Pass. HB 71. Do Pass. HB 442. Do Pass.
HB 378. Do Pass. HB 467. Do Pass. HB 257. Do Pass. HB 336. Do Pass.
670
JOURNAL OF THE SENATE,
HE 96-261J. Do Pass.
Respectfully submitted, Hollis of 24th District, Chairman.
Mr. McDonald of the 43rd District, Chairman of the Committee on Educa tional Matters, submitted the following report:
Mr. President:
Your Committee on Educational Matters have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 186. Do Pass.
HB 301. Do Pass. HB 473. Do Pass.
HB 361. Do Not Pass.
Respectfully submitted, McDonald of 43rd District,
Chairman.
Mr. Harrison of the 17th District, Chairman of the Committee on Health and Welfare, submitted the following report:
Mr. President:
Your Committee on Health and Welfare have had under consideration the following bills of the Senate and House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 161. Do Pass. SB 164. Do Pass. SB 163. Do Pass. SB 134. Do Not Pass. HB 167. Do Not Pass.
Respectfully submitted, Harrison of 17th District, Chairman.
Mr. Dean of the 40th District, Chairman of the Committee on Agriculture and Natural Resources, submitted the following report:
Mr. President: Your Committee on Agriculture and Natural Resources have had under con-
TUESDAY, FEBRUARY 14, 1956
671
sideration the following bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendation:
HB 486. Do Pass, by substitute. Respectfully submitted, Dean of 40th District, Chairman.
Mr. Ricketson of the 19th District, Chairman of the Committee on Defense and Veterans Affairs, submitted the following report:
Mr. President:
Your Committee on Defense and Veterans Affairs have had under considera tion the following bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendation:
HB 416. Do Pass.
Respectfully submitted,
Ricketson of 19th District,
Chairman.
Mr. Brooks of the 50th District, Chairman of the Committee on Senate Ad ministrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs 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:
SR 44.
SR 48.
SB 161.
SB 164.
SB 159.
Respectfully submitted,
Brooks of the 50th District,
Chairman.
The following bills favorably reported by the committees, were read the second time:
HB 131. By Mr. Rowland of Johnson:
A bill to amend an act relating to credit unions, so as to provide for increasing the borrowing power of credit unions; to provide for in creasing the amount of surety bonds carried on officials of credit unions;
672
JOURNAL OF THE SENATE,
to provide for increasing the proportion of annual earnings each credit union shall set apart to their reserve fund; and for other purposes.
HB 152. By Mr. Duke of Baldwin and others:
A bill to amend an act creating a new charter for the City of Milledgeville, so as to change the corporate limits of the City of Milledgeville; and for other purposes.
HB 153. By Mr. Duke of Baldwin and others: A bill to amend an act creating a new charter for the City of Milledge ville, so as to change the corporate limits of the City of Milledgeville; and for other purposes.
HB 256. By Mr. Lokey of Fulton and others: A bill to amend an Act establishing a new charter for the City of Atlanta, relating to elections; and for other purposes.
HB 257. By Mr. Lokey of Fulton: A bill to amend an act relating to the time, place and manner of holding Public Sales of Property under execution, etc.; and for other purposes.
HB 316. By Mr. H. Smith of Fulton and others: A bill to amend an act establishing a new charter for the City of College Park; and for other purposes.
HB 317. By Mr. H. Smith of Fulton and others:
A Bill to amend an act establishing a new charter for the City of Col lege Park; and for other purposes.
HB 336. By Mr. Sanders of Richmond and others:
A bill to provide for subsistence allowances not to exceed five dollars per day in behalf of Sheriffs, deputy sheriffs, patrolmen, policemen, and other law enforcement officers, for purposes of federal income taxation; and for other purposes.
HB 340. By Mr. M. Smith of Fulton:
A bill to amend an act entitled "An act to repeal an act providing for the securing of a license from county authorities to sell fireworks; to prohibit the sale, offering for sale or exposing for sale fireworks except under certain conditions; and for other purposes.
HB 378. By Mr. Chambers of Richmond and others:
A bill to authorize the ordinary of any county having a population of not less than 100,000 nor more than 114,000 to maintain microfilm records of the official organ of the County or newspapers and such other records as may be required by law; and for other purposes.
TUESDAY, FEBRUARY 14, 1956
673
HB 382. By Mr. Moate of Hancock:
A bill to amend the Intangible Property Tax Act of 1953, which shall provide a procedure whereby a taxpayer who files a written protest with the tax collector or tax commissioner of a county, or his deputy, at the time of paying to him an amount claimed by such tax collector or tax commissioner or his deputy to be collectible as a tax under Section 4 of Part I of said Act; and for other purposes.
HB 384. By Mr. Moate of Hancock and others:
A bill to amend an act, being a portion of the Income Tax Laws; and for other purposes.
HB 418. By Mr. H. Smith of Fulton and others:
A bill to fix the salary of the clerk of the superior court of Fulton County; to make the effective date of this act January 1, 1956; and for other purposes.
HB 442. By Mr. Key of Jasper:
A bill to amend an act of the General Assembly entitled "An act to limit the effect of and time for enforcing conveyances of real property to secure debt by providing for a reversion of title, when title shall re vert, when powers of sale shall be exercised; and for other purposes.
HB 444. By Mr. Russell of Barrow:
A bill to amend an act creating a new charter for the Town of Auburn; and for other purposes.
HB 466. By Mr. Stewart of Ben Hill:
A bill to amend the charter of the City of Fitzgerald, to create a Per sonnel Board in the City of Fitzgerald; and for other purposes.
HB 467. By Mr. Groover of Bibb and others:
A bill to prescribe fees for the renewal of professional licenses; and for other purposes.
HB 468. By Mr. Edenfield of Mclntosh:
A bill to amend an act relating to the regulation of the installation of warm air heating equipment in counties having a population of not less than 6008 and not more than 6079; and for other purposes.
HB 469. By Mr. H. Smith of Fulton and others:
A bill to amend an act entitled "An act to authorize the governing authority of the several municipalities of this State to enact zoning and planning ordinances and regulations, providing that the said act shall apply to municipalities having a population of 300,000 or more; and for other purposes.
674
JOURNAL OF THE SENATE,
HB 480. By Mr. Barber of Jackson:
A bill to amend an act establishing the City Court of Jefferson so as to provide the raising of salaries of the Judge and Solicitor of the City Court, and for other purposes.
HB 485. By Mr. Moate of Hancock and others:
A bill to amend an act providing a uniform method of fixing, limiting, and restricting the salary, allowances and travel expense of certain state officials; and for other purposes.
HB 486. By Mr. Moate of Hancock:
A bill to amend an act relating to the salary of the Commissioner of Agriculture; and for other purposes.
HB 488. By Mr. Russell of Barrow:
A bill to amend an act creating a new charter for the City of Winder, so as to provide and confer upon the City of Winder the right, power and authority to establish provide and maintain through cadastral sur vey, a field book system for real property identifications and evalu ations; and for other purposes.
HB 489. By Mr. Russell of Barrow:
A bill to amend an act entitled "An Act to provide and establish a new charter for the City of Winder; and for other purposes
HB 490. By Mr. Killingsworth of Clay:
A bill to extend the jurisdiction of the Court of Ordinary of the County of Clay; and for other purposes.
HB 491. By Mr. H. Smith and others:
A bill to amend an act entitled "An Act authorizing the Board of Com missioners of Roads and Revenues for Fulton County to establish rules and regulations governing the payment of pensions to county employees of said county; and for other purposes.
HB 492. By Mr. Russell of Barrow:
A bill to amend an act entitled "An Act to provide and establish a new charter for the City of Winder, so as to enlarge the corporate limits of the City of Winder; and for other purposes.
HB 494. By Mr. Chambers of Richmond and others:
A bill vesting in the city council of Augusta power and authority to sell and convey by warranty deed executed by the mayor and clerk of council to Sears, Roebuck & Company for $377,260.00 the fee simple title to all that tract or parcel of land in the City of Augusta on the North-east corner of Walton Way and Fifteenth Street etc.; and for other purposes.
TUESDAY, FEBRUARY 14, 1956
675
HB 495. By Mr. Hoke Smith of Fulton and others:
A bill to amend an act entitled "An Act to provide for a budget in all counties of this State having a population of two hundred thousand, so as to increase the reserve permitted under the Act of 1955, and to authorize the sale of industrial property without advertisement; and for other purposes.
HB 496. By Mr. Jordan of Wheeler:
A bill to create additional compensation for the sheriff of Wheeler Coun ty, and for other purposes.
HB 497. By Mr. Fain of Franklin:
A bill to amend an act incorporating the City of Franklin Springs; and for other purposes.
HB 498. By Mr. Jordan of Wheeler:
A bill to amend an act creating the offices of tax collector, tax receiver and county treasurer of the County of Wheeler; and for other purposes.
HB 499. By Mr. Hall of Floyd and others:
A bill to amend an act creating a new charter and municipal government for the City of Rome; and for other purposes.
HB BOO. By Mr. Hall of Floyd and others:
A bill to amend an act entitled "An act to create a new charter and municipal government for the City of Rome, by providing that the re tirement benefits payable to employees who retired before amendment of Feb. 25, 1949 shall be computed on the same basis as those after same; and for other purposes.
HB 504. By Mr. H. Smith of Fulton and others:
A bill to amend an act entitled "An act to supplement the salaries of the judges of the Superior Court of Fulton County as paid by the State, etc.; and for other purposes.
HB 505. By Mr. H. Smith of Fulton and others:
A bill to amend an act entitled "An act to provide for a budget in all counties in this State having a population of two hundred thousand or more, so as to increase the reserve permitted under the Act of 1955 and to authorize the sale of industrial property without advertisement; and for other purposes.
HB 507. By Mr. Register of Lowndes:
A bill to amend an act providing for the regulation of the installation of warm air heating equipment in certain counties; and for other pur poses.
676
JOURNAL OF THE SENATE,
HB 508. By Mr. Land of Wilkinson:
A bill to repeal an act entitled "An act to incorporate the Town of Allentown; and for other purposes.
HB 510. By Mr. Rodgers of Charlton:
A bill to amend an act creating a board of commissioners of roads and revenues for the County of Charlton; and for other purposes.
HB 512. By Mr. Murphy of Haralson:
A bill to authorize the governing authority of the City of Bremen, to levy an additional tax for educational purposees; and for other purposes.
HB 513. By Mr. Duncan of Carroll and others:
A bill to amend an act creating a new charter for the Town of Whitesburg, and for other purposes.
HB 515. By Mr. Hendrix of Long:
A bill to amend an act entitled "An act to provide that the ordinary of Long County shall receive $50.00 per month in addition to fees; and for other purposes.
HB 516. By Mr. Roughton of Washington:
A bill to amend an act creating the city charter of Sandersville; and for other purposes.
HB 517. By Mr. Matthews of Clarke and others:
A bill to amend an act relating to Clarke County fire, sanitation, and sewerage districts; and for other purposes.
HB 518. By Mr. Kelly of Gwinnett and others:
A bill to amend an act creating a new charter for the city of Lawrenceville; and for other purposes.
HB 519. By Mr. Perkins of Carroll and others:
A bill to amend an act creating the office of commissioner of roads and revenues for Carroll County; and for other purposes.
HB 520. By Mr. Duncan of Carroll and others:
A bill to amend an act establishing the city court of Carrollton; and for other purposes.
HB 523. By Mr. Lokey of Fulton and others:
A bill to amend an act entitled "An act to establish the criminal court of Atlanta, so as to increase and fix the annual salaries of the Judges of said criminal court of Fulton County; and for other purposes.
TUESDAY, FEBRUARY 14, 1956
677
HB 524. By Mr. Lindsey of Spalding and others:
A bill to provide that the board of commissioners of roads and revenues of Spalding County shall be the agency to cooperate with the Georgia Agricultural Extension Service in the employment of the County Agri cultural Agent and the County Home Demonstration Agent; and for other purposes.
HB 525. By Mr. Moate of Hancock and others:
A bill to provide that candidates for membership in the General As sembly of Georgia may run either in a county primary or a state pri mary; and for other purposes.
HB 526. By Mr. Lam of Troup and others:
A bill to amend an act creating a board of commissioners of roads and revenues for Troup County; and for other purposes.
HB 528. By Mr. Willingham of Cobb and others:
A bill to amend an act creating a new charter for the Town of Acworth; and for other purposes.
HB 531. By Mr. Groover of Bibb and others:
A bill to amend an act relating to the distribution of laws, journals and reports to the Courts, so as to provide that laws, journals and reports distributed to the counties shall remain the property of the State; and for other purposes.
HB 551. By Mr. Mincy of Ware and others:
A bill to provide that any political party primary for choosing nominees for county officers in Ware County shall be held on the same day that the state primary for such political party is held for choosing nominees for members of the General Assembly; and for other purposes.
HB 555. By Mr. Jones of Lumpkin:
A bill to authorize the governing authority of Lumpkin County to create and establish restricted zones or distances; and for other purposes.
HB 557. By Mr. Musgrove of Clinch:
A bill to provide that members of the County Boards of Education in counties having a population of not less than 5,970 or more than 6,009 shall be paid per diem of twenty dollars per day for actual services; and for other purposes.
HB 559. By Mr. Rodgers of Charlton:
A bill to provide that members of the Board of Education in all counties having a population of not more than 4,950 and not less than 4,815 shall be paid the sum of $20.00 for each day's service, not to exceed forty dollars per month; and for other purposes.
678
JOURNAL OF THE SENATE,
Senator Turner of the 34th asked unanimous consent that the following bills of the House be withdrawn from the Committee on County and Municipal Gov ernments, read the second time and recommitted:
HB 506. By Mr. Register of Lowndes and others:
A bill to amend the charter of the City of Valdosta; to alter, relocate and redefine the corporate limits of said city; and for other purposes.
HB 527. By Mr. Barber of Colquitt and others:
A bill to amend the charter of the City of Moultrie, to extend the pres ent corporate limits of said city; and for other purposes.
The consent was granted.
Senator Morrison of the 15th asked unanimous consent that the following resolution of the House be withdrawn from the Committee on Judiciary, read the second time and recommitted:
HR 166. By Mr. Stricklaiid of Toombs:
A resolution proposing an amendment to the constitution so as to create the Vidalia Development Authority; to provide for the powers, authority, funds, purposes and procedure connected therewith; and for other pur poses.
The consent was granted.
Senator Steis of the 25th asked unanimous consent that the following resolu tion of the House be withdrawn from the Committee on Judiciary, read the second time and recommitted:
HR 79. By Mr. Willis of Thomas and others:
A resolution proposing an amendment to the constitution so as to pro vide for the election of members of the board of education of Thomas County by districts; and for other purposes.
The consent was granted.
The following local uncontested bills were read the third time and put upon their passage:
SB 159. By Senator Millican of the 52nd:
A bill to amend the act creating a joint city-county board of tax assessors in all counties having within its borders all or the greater part of the population of 300,000 or more, according to the United States census of 1950 or any future United States census so as to provide for a public record of assessments on real estate; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
TUESDAY, FEBRUARY 14, 1956
679
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 245. By Messrs. McWhorter, Rutland and Mackay of DeKalb:
A bill to amend an act to create and establish in DeKalb County Dis tricts 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed. t
HB 367. By Messrs. Hall, Scoggin and Wright of Floyd:
A bill to amend an act entitled an act to authorize and empower Floyd County by and through its board of commissioners of roads and revenue to provide, construct and/or maintain in the territory of said county outside the limits of incorporated municipalities; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 369. By Messrs. Hall, Scoggin and Wright of Floyd:
A bill to provide for the compensation of the members of the county board of education 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 377. By Messrs. Hall, Scoggin and Wright of Floyd:
A bill to abolish the present mode of compensation accruing to the office of solicitor-general of the Rome Judicial Circuit, other than the salary paid out of the treasury of the state; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
680
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 390. By Messrs. Hall, Scoggin and Wright of Floyd:
A bill to abolish the present mode of compensation accruing to the offices of clerk of the superior court, clerk of the city court, ordinary, sheriff of the city court and sheriff 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 413. By Messrs. Floyd and Weems of Chattooga:
A bill to amend an act creating the city court of Chattooga County; and for other purposes.
The Committee on County and Municipal Governments offered the following substitute:
An Act to amend an Act creating the City Court of Chattooga County, approved March 10, 1941 (Ga. Laws 1941, pp. 621-634), and all Acts amendatory thereof, more specially an Act approved February 23, 1943 (Ga. Laws 1943, p. 728); an Act approved March 26, 1947 (Ga. Laws 1947, p. 831); an Act approved February 17, 1950 (Ga. Laws 1950, p. 2639), an Act approved December 9, 1953 (November-December Ses sion, Ga. Laws 1953, p. 2117) so as to provide that in all cases, civil and criminal, in said court which are to be tried by a jury, the same shall be tried by a jury of twelve jurors; to provide the manner of drawing, the number of, and the impaneling of, jurors in said court; to provide the number of peremptory challenges to which the parties shall be entitled in cases tried before a jury; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia as follows:
Section 1. An Act creating the City Court of Chattooga County, approved March 10, 1941 (Ga. Laws 1941, pp. 621-634), and all Acts amendatory thereof, more especially an Act approved February 23, 1943 (Ga. Laws 1943, p. 728); an Act approved March 26, 1947 (Ga. Laws 1947, p. 831); an Act approved February 17, 1950 (Ga. Laws 1950, p. 2639), and an Act approved December 9, 1953 (November-December Session, Ga. Laws 1953, p. 2117), is hereby amended by striking there from Section 27, relating to the drawing of jurors, and substitution in lieu thereof the following:
"Section 27. The trial of issues of facts in all cases in said court, when either party is entitled to a jury trial, shall be by a jury of twelve jurors. In civil cases wherein a trial is to be had by a jury, the clerk of said court, shall from the petit jurors drawn, make up a panel of twenty four jurors and the parties shall strike
TUESDAY, FEBRUARY 14, 1956
681
from said panel alternately until there shall be twelve jurors left, which shall constitute the jury to try the case, the plaintiff to have the first strike. In criminal cases wherein a trial is to be had by a jury, said clerk shall, from the petit jurors drawn, make up a panel of twenty four jurors from which the parties shall strike alternately, the defendant to have the first strike and the right of challenging seven jurors peremptorily and the State five, thus leaving twelve jurors, which shall constitute the jury to try the case."
Section 2. Said Act is further amended by striking therefrom Sec tion 29 relating to impaneling and striking of jurors, and substituting in lieu thereof the following:
"Section 29. (a) Prom the list of traverse jurors of the Su perior Court of Chattooga County as provided from time to time for such Superior Court, the Clerk of the City Court of Chattooga County shall prepare a separate ticket bearing the name of each traverse juror whose name appears on said superior court traverse jury list, and showing the number of the militia district in which such juror resides, and shall deposit said tickets in a box to be preprepared for that purpose, from which shall be drawn thirty-six traverse jurors in the manner as now required by law in the superior courts, and as many more jurors may be drawn as are, in the dis cretion of the judge, necessary to provide for the efficient trial of cases. All laws with reference to the drawing, selecting and sum moning traverse and tales traverse jurors in the superior courts shall apply to the City Court of Chattooga County. All exemptions from jury duty now in force in the Superior Court of Chattooga County shall apply and be of effect in said court.
"(b) The jurors thus drawn shall receive the same pay that jurors are paid in Chattooga County Superior Court, same to be paid under the rules governing the payment of superior court jurors."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the substitute, the ayes were 31, 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.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 432. By Mr. Parker of Appling:
A bill to amend an act creating and establishing a new charter for the City of Baxley; and for other purposes.
682
JOURNAL OP THE SENATE,
The report of the committe, 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 440. By Messrs. Murr and Jones of Suniter:
A bill to authorize the governing authority of Sumter County 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 441. By Messrs. Murr and Jones of Sumter:
A bill to authorize the mayor and city council of the City of Americus to advertise and promote the agricultural, industrial, historic, recre ational and natural resources of 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 439. By Messrs. Murr and Jones of Sumter:
A bill to fix the compensation of the chairman and the members of the board of education of all counties having a certain 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 443. By Messrs. Potts and Stripling of Coweta:
A bill to amend an act relating to the regulation of the installation of warm air heating and equipment in counties with a certain population; and for other purposes.
TUESDAY, FEBRUARY 14, 1956
683
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 445. By Mr. Bloodworth of Houston:
A bill to amend an act to create a new charter for the City of Perry in the county of Houston; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 461. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to amend an act to create and establish the city court 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 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 462. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to amend an act providing for the appointment of special criminal bailiffs in counties having a certain 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 27, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 463. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to amend an act establishing the City of Avondale Estates; and for other purposes.
The report 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.
684
JOURNAL OF THE SENATE,
The bill, having received the requisite constitutional majority, was passed.
HB 464. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to amend the charter of the City of Stone Mountain; and for other purposes.
The report 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 483. By Messrs. Murr and Jones of Sumter:
A bill relative to zoning and planning for the City of Americus and Sumter 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 161. By Senator Page of the 1st:
A bill to amend section 84-710 of the 1933 code of Georgia relating to the licensing of certain dentists of other states without examination so as to provide for the licensing without examination of dentists for the sole purpose of practicing public health dentistry; and for other pur poses.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 162. By Senator Steis of the 25th:
A bill to amend the act known as the Georgia Post Mortem Examination Act so as to provide for the filing of death certificates by medical ex aminers investing deaths; to repeal provisions relating to investigation of deaths by county health officers; and for other purposes.
Senator Steis of the 25th asked unanimous consent that SB 162 be postponed until Thursday morning at 10:00 o'clock.
TUESDAY, FEBRUARY 14, 1956
685
The consent was granted.
SB 164. By Senator Turner of the 34th:
A bill to provide for the organization of cemeteries and for their regula tion by cemetery authorities; said act to be known as the General Ceme tery 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.
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 565. By Mr. Rowland of Johnson:
A bill to amend an act incorporating the City of Adrian; and for other purposes.
HB 578. By Messrs. Mackay, Rutland, and McWhorter of DeKalb:
A bill to authorize the establishment of a merit system in DeKalb County for employees of DeKalb County; and for other purposes.
HB 589. By Messrs. Perkins and Duncan of Carroll:
A bill to amend an act creating the office of tax commissioner of Carroll County; and for other purposes.
HB 591. By Mr. Willis of Thomas:
A bill to place the clerk, ordinary and sheriff of Thomas County on a salary basis in lieu of a fee basis; and for other purposes.
HB 592. By Mr. Truelove of White:
A bill to provide for the compensation of the tax commissioner in certain counties; and for other purposes.
HB 594. By Mr. Willis of Thomas:
A bill to create the office of tax commissioner for Thomas County; and for other purposes.
686
JOURNAL OP THE SENATE,
HB 597. By Mr. Todd of Glascock:
A bill to establish a method of paying traveling expenses incurred by the Sheriff of Glascock County; and for other purposes.
HB 598. By Mr. Love of Catoosa:
A bill to amend an act to create and establish a new charter for the City of Ringgold; and for other purposes.
HB 599. By Mr. Love of Catoosa:
A bill to create a board of utilities commissioners for Catoosa County; and for other purposes.
HB 600. By Messrs. Coker and Campbell of Walker:
A bill to amend an act creating a new charter for the Town of Linwood; and for other purposes.
HB 602. By Mr. Dean of Rockdale:
.
A bill to change the corporate limits of the City of Conyers; and for
other purposes.
HB 604. By Mr. Gross of Stephens:
A bill to amend an act entitled an "Act to provide for holding four
:
terms a year of the superior court of Stephens County; and for other
purposes.
HB 611. By Mr. Carlisle of Bibb:
A bill to amend an act approved August 3, 1927, entitled: "An Act to re-enact the charter of the City of Macon contained in the act approved August 17, 1914, together with the acts amending the same passed since 1914 with certain changes in said acts; to consolidate into one act with such changes as may have become necessary or proper, all the acts constituting the charter of the City of Macon and relating to the rights, powers, and duties of said corporation; and for other purposes.
HB 612. By Mr. Carlisle of Bibb:
A bill to amend an act approved August 9, 1929 entitled: "An Act to amend an act re-enacting the charter of the City of Macon approved August 3, 1927, so as to provide that the Macon Hospital Commission therein referred to shall be authorized and directed to operate as a part of the Macon Hospital the anti-tubercular sanatarium located in Bibb County; and for other purposes.
HB 613. By Mr. Carlisle of Bibb:
A bill to vest title in the City of Macon, its successors and assigns to a
certain portion of First St. adjacent to square 74 located in said city
i
and authorize said city to close, vacate and abandon the portion of First
St. involved; and for other purposes.
TUESDAY, FEBRUARY 14, 1956
687
By unanimous consent the following bills were introduced, read the first time and referred to committees:
HB 565. By Mr. Rowland of Johnson:
A bill to amend an act incorporating the City of Adrian; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 578. By Messrs. Mackay, Rutland and McWhorter of DeKalb: A bill to authorize the establishment of a merit system in DeKalb County for employees of DeKalb County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 589. By Messrs. Perkins and Duncan of Carroll: A bill to amend an act creating the office of tax commissioner of Carroll County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 591. By Mr. Willis of Thomas: A bill to place the clerk, ordinary and sheriff of Thomas County on a salary basis in lieu of a fee basis; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 592. By Mr. Truelove of White: A bill to provide for the compensation of the tax commissioner in certain counties; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 594. By Mr. Willis of Thomas: A bill to create the office of tax commissioner for Thomas County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 597. By Mr. Todd of Glascock:
A bill to establish a method of paying traveling expenses incurred by the sheriff of Glascock County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 598. By Mr. Love of Catoosa:
A'bill to amend an act to create and establish a new charter for the city of Ringgold; and for other purposes.
Referred to Committee on County and Municipal Governments.
688
JOURNAL OF THE SENATE,
HB 599. By Mr. Love of Catoosa:
A bill to create a board of utilities commissioners for Catoosa County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 600. By Messrs. Coker and Campbell of Walker:
A bill to amend an act creating a new charter for the Town of Linwood; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 602. By Mr. Dean of Rockdale:
A bill to change the corporate limits of the City of Conyers; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 604. By Mr. Gross of Stephens:
A bill to amend an act entitled an "act to provide for holding four terms a year of the superior court of Stephens County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 611. By Mr. Carlisle 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; to consolidate into one act with such changes as may have become necessary or proper, all the acts constituting the charter of the city of Macon and relating to the rights, powers and duties of said corporation; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 612. By Mr. Carlisle of Bibb:
A bill to amend an act approved August 9, 1929 entitled: "An act to amend an act re-enacting the charter of the city of Macon approved August 3, 1927, so as to provide that the Macon Hospital Commission therein referred to shall be authorized and directed to operate as a part of the Macon Hospital the anti-tubercular sanatarium located in Bibb County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 613. By Mr. Carlisle of Bibb:
A bill to vest title in the City of Macon, its successors and assigns to a certain portion of First Street adjacent to square 74 located in said city and authorize said city to close, vacate and abandon the portion of First Street involved; and for other purposes.
Referred to Committee on County and Municipal Governments.
TUESDAY, FEBRUARY 14, 1956
689
Senator McDonald of the 43rd asked unanimous consent that the following bill of the House be withdrawn from the Committee on Educational Matters, read
the second time and recommitted:
HB 361. By Mr. Hall of Floyd and others:
A bill to amend an act relating to compensation of members of county boards of education, so as to authorize the General Assembly to provide by local act for the compensation of such members; and for other pur poses.
The consent was granted.
Senator Dean of the 40th asked unanimous consent that the following bill of the House be withdrawn from the Committee on County and Municipal Govern
ments, read the second time and recommitted:
HB 553. By Mr. Wilson of Towns:
A bill to amend, consolidate and supersede the several acts incorporating the City of Hiawassee; and for other purposes.
The consent was granted.
HB 27. By Mr. Twitty of Mitchell:
A bill creating a board to be known as the state board of dispensing opticians; providing a method for the appointment of the members of said board; define the trade or occupation of dispensing opticians; and for other 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 Hollis of the 24th 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 Brooks Chance Davis
Dean Florence
Garrett
Hollis Housley Kelly Lambert
Millican . Neel
Overby
Page Richardson Ricketson Turner
Warnell Wood
Zellner
Those voting in the negative were Senators:
Blalock Coffin Dews
Harrison Jones, 38th Jones, 23rd
Lovett Mann Matthews
690
JOURNAL OP THE SENATE,
McBride
Paulk Ponsell Raulerson
Reynolds
Shurling Steis Strickland
Waters Wetherington
By unanimous consent the verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 21, nays 19.
The bill, having failed to receive the requisite constitutional majority, was lost.
Senator Hollis of the 24th gave notice that at the proper time he would move that the Senate reconsider its action in defeating HB 27.
HB 71. By Messrs. Sognier, Cheatham and Eyler of Chatham:
A bill to require all defendants in bastardy, wife-beating and abandon ment cases that are tried in superior court in this state to be tried on accusations and to provide that indictments may not be demanded in such courts for defendants charged with the offenses of bastardy, wifebeating and abandonment; and for other purposes.
The report 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 177. By Mr. Key of Jasper:
A bill to provide for qualified surety companies to become surety to the extent of. $200.00 with respect to guaranteed arrest bond certifi cates of automobile clubs and associations; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 190. By Messrs. Groover of Bibb, Lavender of Elbert and others:
A bill to provide all leases of state property for a term of more than one year shall be ratified by the Senate; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 1.
TUESDAY, FEBRUARY 14, 1956
691
The bill, having received the requisite constitutional majority, was passed.
Senator Overby of the 33rd asked unanimous consent that the following bill of the House be withdrawn from the Committee on Appropriations, read the second time and recommitted:
HR 173. By Mr. Killingsworth of Clay: A resolution to compensate Hal Saunders, Jr. for expenses incurred.
The consent was granted.
Mr. Hollis of the 24th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. President:
Your Committee on Judiciary 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 105-300f. Do Pass. HR 82-214g. Do Pass. HR 77-214b. Do Pass. HR 84-214L Do Pass. HR 76-214a. Do Pass. HR 118-319L Do Pass. HR 79-214d. Do Pass. HR 199-531n. Do Pass. HR 186-531a. Do Pass. HR 148-428b. Do Pass. HR 149-428c. Do Pass. HR 175-4771. Do Pass. HR 171-477h. Do Pass. HR 172-477i. Do Pass. HR 201-531p. Do Pass.
Respectfully submitted, Hollis of 24th District, Chairman.
By unanimous consent the following resolutions, favorably reported by the committee, were read the second time:
92
JOURNAL OF THE SENATE,
HR 76. By Mr. Lokey of Fulton and others:
A resolution proposing an amendment to the constitution fixing the terms of office of the judges of the superior court of the Atlanta Judicial Circuit; and for other purposes.
HR 77. By Mr. Watson of Dougherty and others:
A resolution proposing an amendment to the constitution so as to pro vide for the establishment of a sewage system in the city of Albany and Dougherty County; and for other purposes.
HR 79. By Mr. Willis of Thomas and others:
A resolution proposing an amendment to the constitution so as to pro vide for the election of members of the board of education of Thomas County by districts; and for other purposes.
HR 82. By Mr. Wright of Floyd and others:
A resolution proposing an amendment to the constitution so as to pro vide for the establishment and administration of a system of street lights for Floyd County by the Commissioner of Roads and Revenues; and for other purposes.
HR 84. By Mr. Watson of Dougherty and others:
A resolution proposing an amendment to the constitution so as to pro vide for the establishment of a sewage system in the city of Albany and Dougherty County; and for other purposes.
HR 105. By Mr. Phillips of Walton:
A resolution proposing an amendment to the constitution, exclusive of those residing within the corporate limits of Social Circle, so as to provide that all Walton County exclusive of the independent school system of Social Circle shall comprise one school district, etc.; and for other purposes.
HR 118. By Mr. Sanders of Richmond:
A resolution proposing an amendment to the constitution authorizing the General Assembly to consolidate and combine the Richmond County and City Council of Augusta tax assessors for both real and personal prop erty and all the governmental functions now vested in and exercised by the said boards in the City Council of Augusta and Richmond County; and for other purposes.
HR 148. By Mr. Gunter of Hall and others:
A resolution proposing an amendment to the constitution so as to pro vide for the establishment of fire prevention districts in Hall County outside municipalities; and for other purposes.
HR 149. By Mr. Gunter of Hall and others:
A resolution proposing an amendment to the constitution so as to pro-
TUESDAY, FEBRUARY 14, 1956
693
vide for the selection and appointment of a superintendent of the Hall
County school system by the Hall County Board of Education; and for other purposes.
HR 171. By Mr. Nightingale of Glynn and others:
A resolution proposing an amendment to the constitution so as to pro vide for the establishment, acquiring, constructing, improving and operating municipal port and terminal facilities in the city of Bruns wick and Glynn County; and for other purposes.
HR 172. By Mr. Nightingale of Glynn and others:
A resolution proposing an amendment to the constitution so as to pro vide for the establishing of a sewage system in the city of Brunswick and Glynn County; and for other purposes.
HR 175. By Mr. Nightingale of Glynn and others:
A resolution proposing an amendment to the constitution so as to pro vide for the establishment, acquiring, constructing, improving and operating of municipal port and terminal facilities in the city of Bruns wick and Glynn County; and for other purposes.
HR 186. By Mr. H. Smith of Fulton:
A resolution proposing to the qualified voters an amendment to the con stitution to create a new court or system of courts in and for each city having a population of more than 300,000; and for other purposes.
HR 199. By Mr. Jones of Laurens and others:
A resolution proposing an amendment so as to authorize the town of Dudley, in Laurens County to levy a tax not to exceed one mill for the purpose of creating a fund to be used in assisting, promoting and en couraging the location of any industries in the town of Dudley; and for other purposes.
HR 201. By Mr. Sheffield of Brooks:
A resolution proposing an amendment to the constitution so as to pro vide for the election of members of the board of education of Brooks County; and for other purposes.
Senator Shurling of the 21st asked unanimous consent that the following resolution of the House be withdrawn from the Committee on Appropriations, read the second time and recommitted:
HR 155. By Mr. Fowler of Tift: A resolution to compenstate Mrs. Lillian Lord for damages.
The consent was granted.
694
JOURNAL OF THE SENATE,
HB 206. By Mr. Strickland of Toombs:
A bill to amend an act relating to the return day of the writ of habeas corpus, so as to change the return day; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 263. By Messrs. Land of Wilkinson, Gates of Burke and others:
A bill to provide for the licensing of manufacturers, bottlers and dis tributors of bottled soft drinks and soft drink syrup; and for other purposes.
Senator Millican of the 52nd offered the following amendment:
Amend HB 263 by adding in the title before the clause, "to repeal conflicting laws", the words, "to provide for exceptions; to provide for the bottling of chocolate milk or chocolate drinks"; and by striking Section 8 and in lieu thereof inserting the following:
"Section 8. Any dairy or milk processing or distributing plant licensed under other laws of the State of Georgia shall not be re quired to obtain the license provided herein but shall be subject to all other provisions of this act."
and by renumbering Section 9 as Section 10:
and by inserting a new Section 9 to read:
"Section 9. No person licensed under the provisions of this Act and no dairy or milk processing or distributing plant licensed under other laws of this state shall manufacture any chocolate milk or chocolate drink by the use of other than Grade A fluid milk or Grade A fluid skim milk."
On the adoption of the amendment, the ayes were 37, nays 0.
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 278. By Mr. Freeman of Monroe: A bill to amend an act providing pensions to the firemen of 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.
TUESDAY, FEBRUARY 14, 1956
695
On the passage of the bill, the ayes: were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Harper of the 26th asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Judiciary, read the second time and recommitted:
SB 167. By Senator McBride of the 10th:
A bill to provide that it shall be unlawful for any person to own, lease, rent or possess in any manner, for operation by himself or another, any machine which, in order to be operated, requires the deposit of a coin or coins; and for other purposes.
The consent was granted.
HB 327. By Mr. Harrison of Wayne:
A bill to amend an act providing for retirement benefits for ordinaries of Georgia; and for other purposes.
The Committee on Judiciary offered the following amendment:
Amend HB 327 by adding the words "may retire and" between the words section and may in line 5 of the second paragraph of section 1, so that the second paragraph of section 1 shall read as follows:
"Provided, however, any other provisions of this act to the contrary notwithstanding, any person who completes the required number of years of service and is otherwise qualified under this act to receive retirement benefits in every manner except as regards reaching the age of 60 years as provided in the first sentence of this section-, may retire and may cease payments into the fund and upon reaching the age of 60 commence receiving the retirement benefits to which he is entitled."
On the adoption of the amendment, the ayes were 36, 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.
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 Davis of the 42nd asked unanimous consent that the following reso lution of the House be withdrawn from the Committee on Appropriations, read the second time and recommitted:
696
JOURNAL OF THE SENATE,
HR 58. By Mr. Underwood of Bartow:
A resolution to compensate Leon Lewis for damages to his farm ma chinery; and for other purposes.
The consent was granted.
HB 333. By Mr. Watson of Dougherty:
A bill to amend an act known as the Intangible Property Tax Act; and for other purposes.
The Committee on Finance offered the following amendment:
Amend HB 333 by adding the words "is the same or" between the words "capital stock of which" and the words "is wholly owned by" wherever such words appear in said act.
On the adoption of the amendment, the ayes were 35, 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.
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 363. By Messrs. Groover of Bibb and Lavender of Elbert:
A bill to amend an act relating to the definition of optometry by pro viding a new definition therefor; and for other purposes.
Senator Harrison of the 17th moved that HB 363 be tabled.
On the motion, the ayes were 14, nays 17, and the motion was lost.
Senator Harrison of the 17th moved that HB 363 be indefinitely postponed.
On the motion, the ayes were 4, nays 30, and the motion was lost.
Senator Dews of the 9th offered the following amendment:
Amend HB 363 by omitting the word "learned" as it appears in line 6, section 1.
On the adoption of the amendment, the ayes were 23, nays 16, 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 39, nays 2.
TUESDAY, FEBRUARY 14, 1956
697
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 by the requisite constitutional majority the following bills of the House to wit:
HB 554. By Messrs. Bodenhamer of Tift, Groover of Bibb, Willingham of Cobb, and others:
A bill to require the study of Southern History and Traditions in all grades of the public schools of Georgia, and for other purposes.
HB 203. By Messrs. Turk of Wilcox, Bagby of Paulding and others:
A bill to amend Chapter 38-2 of the Code relating to the admissibility of evidence, and for other purposes.
HB 580. By Messrs. Groover of Bibb, and Stripling of Coweta:
A bill to amend an act to amend an act approved March 5, 1937, creating the Natural Resources Dept., and the various divisions thereof; and for other purposes.
HB 579. By Mr. Groover of Bibb:
A bill to amend an act relating to selling, leasing, granting, exchanging and disposing of recreational and park property by the State ... so as to provide that the provisions relative to advertising and bids shall not apply to the leasing of state parks or facilities if the lease involved is for a period of one year or less, nor to the exchange of State park prop erty or interest therein on a dollar for dollar value basis; and for other purposes.
HB 482. By Messrs. Groover of Bibb and Bodenhamer of Tift:
A bill to repeal an act of the General Assembly of 1943 entitled: "An Act to authorize and direct the Governor to appoint an advisory com mittee in each county in which a state park is located and operated, and for other purposes." (Ga. Laws 1943, p. 223); and for other pur poses.
HB 205. By Messrs. Kennedy of Turner, Foster of Clayton, Blalock of Clayton and others:
A bill to amend Section 84-1401 of the Code, relating to the applicability of the real estate licensing law, as amended, so as to provide that such law shall be statewide in application; to provide that certain persons may obtain a license without examination when certain counties come under the jurisdiction of the Real Estate Commission; to provide an effective date; to repeal conflicting laws, and for other purposes.
698
JOURNAL OP THE SENATE,
HB 204. By Messrs. Turk of Wilcox, Hayes of Coffee, Freeman of Monroe, and others:
A bill to amend Code Section 24-601, relating to the duties of justices of the peace, so as to require justices of the peace to keep a register of all search warrants issued by them, including the name of the person to whom each search warrant is issued and the hour, day, month and year when issued; to provide that such record shall be a public record; to repeal conflicting laws and for other purposes.
HB 25. By Messrs. Scoggin of Floyd and Groover of Bibb:
A bill to amend an act known as the "Motor Vehicle Safety Responsi bility Act", approved February 21, 1951 (Ga. Laws 1951, p. 565), and for other purposes.
By unanimous consent the following bills were introduced, read the first time and referred to committees:
HB 25. By Messrs. Scoggin of Floyd and Groover of Bibb:
A bill to amend an act known as the "motor vehicle safety responsibility act", approved February 21,1951 (Ga. Laws 1951, p. 565); and for other purposes.
Referred to Committee on Public Utilities and Transportation.
HB 203. By Messrs. Turk of Wilcox, Bagby of Paulding and others:
A bill to amend chapter 38-2 of the code relating to the admissibility of evidence; and for other purposes.
Referred to Committee on Judiciary.
HB 204. By Messrs. Turk of Wilcox, Hayes of Coffee, Freeman of Monroe and others:
A bill to amend code section 24-601 relating to the duties of justices of the peace, So as to require justices of the peace to keep a register of all search warrants issued by them, including the name of the person to whom each search warrant is issued and the hour, day, month and year when issued; to provide that such record shall be a public record; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.
HB 205. By Messrs. Kennedy of Turner, Foster of Clayton, Blalock of Clayton and others:
A bill to amend section 84-1401 of the code, relating to the applicability of the real estate licensing law, as amended, so as to provide that such law shall be statewide in application; to provide that certain persons may obtain a license without examination when certain counties come under the jurisdiction of the real estate commission; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.
TUESDAY, FEBRUARY 14, 1956
699
HB 482. By Messrs. Groover of Bibb and Bodenhamer of Tift:
A bill to repeal an act of the General Assembly of 1943 entitled: "An act to authorize and direct the Governor to appoint an advisory com mittee in each county in which a state park is located and operated, and for other purposes."
Referred to Committee on Agriculture and Natural Resources.
HB 554. By Messrs. Bodenhamer of Tift, Groover of Bibb, Willingham of Cobb and others:
A bill to require the study of southern history and traditions in all grades of the public schools of Georgia; and for other purposes.
Referred to Committee on Educational Matters.
HB 579. By Mr. Groover of Bibb:
A bill to amend an act relating to selling, leasing, granting, exchanging
and disposing of recreational and park property by the state ... so
that the provisions relative to advertising and bids shall not apply to
the leasing of state parks or facilities if the lease involved is for a
period of one year or less, nor to the exchange of state park property
or interest thereon on a dollar for dollar value basis; and for other
purposes.
-,.-.....
Referred to Committee on Rules.
HB 580. By Messrs. Groover of Bibb and Stripling of Coweta:
A bill to amend an act approved March 5, 1937, creating the Natural Resources Department and the various divisions thereof; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 416. By Messrs. Groover of Bibb and Floyd of Chattooga':
A bill to amend an act providing for an integrated veterans service of Georgia and creating a state 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 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following resolution of the Senate was read and adopted:
SR 48. By Senators Harden of the 27th, Davis of the 42nd, and others:
A resolution relative to the preservation of certain historic property; and for other purposes.
700
JOURNAL OF THE SENATE,
Senator Davis of the 42nd asked unanimous consent that SR 48 be immedi ately transmitted to the House and the consent was granted.
HR 18. By Mr. Green of Rabun:
A resolution to designate a bridge across U. S. Highway 23 or 441 at the city limits of Dillard, Georgia as the Dr. Lester Neville Bridge; 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.
Senator Brooks of the 50th asked unanimous consent that the following bills and resolutions be withdrawn from the Committee on Judiciary, read the second time and recommitted:
HR 147. By Mr. Singer of Stewart:
A resolution proposing an amendment to the constitution so as to pro vide for the existence of schools in Stewart County; and for other purpses.
HR 123. By Mr. Young of Muscogee and others:
A resolution proposing an amendment to the constitution to empower the board of commissioners of roads and revenues of Muscogee County for regulatory and revenue purposes, to assess and collect license fees and occupational taxes, etc.; and for other purposes.
HR 129. By Mr. McCraeken of Jefferson:
A'resolution proposing an amendment to Article VII, Section V, Para graph I of the constitution so as to authorize the city of Louisville, in Jefferson County, to levy a tax not to exceed one mill for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of any industries in the city of Louisville; and for other pur poses.
HR 138. By Mr. Singer of Stewart:
A resolution proposing an amendment to the constitution so as to pro vide for the election of members of the board of education of Stewart County; and for other purposes.
HR 140. By Mr. Kilgore of Gwinnett and others:
A resolution proposing an amendment to the constitution so as to pro vide for the election of members of the board of education of Gwinnett County; and for other purposes.
TUESDAY, FEBRUARY 14, 1956
701
HR 143. By Mr. Gunter of Hall and others:
A resolution proposing an amendment to the constitution to provide that the General Assembly may grant to the governing authority of Hall County, the right to construct, grade, pave, repave and repair roads and streets; and for other purposes.
HR 166. By Mr. Strickland of Toombs:
A resolution proposing an amendment to the constitution so as to create the Vidalia Development Authority; to provide for the powers, authority, funds, purposes and procedure connected therewith; and for other pur poses.
HR 170. By Mr. Nightingale of Glynn and others:
A resolution proposing an amendment so as to provide for the establish ment of a sewage system in the city of Brunswick and Glynn County; and for other purposes.
HB 407. By Mr. Matthews of Clarke:
A bill to amend an act relating to obscene pictures and abusive language; and for other purposes.
The consent was granted.
Senator Morrison of the 15th asked unanimous consent that the following resolution of the House be withdrawn from the Committee on Appropriations, read the second time and recommitted:
HR 119. By Mr. Underwood of Montgomery:
A resolution to compensate Mrs. W. A. Johnson for injuries caused by a wire trailing from a state highway bus.
The consent was granted.
Senator Hollis of the 24th asked unanimous consent that the report of the Committee on Judiciary be read and the consent was granted.
Senator Turner of the 34th asked unanimous consent that the following bills of the House be withdrawn from the Committee on County and Municipal Gov ernments, read the second time and recommitted:
HB 575. By Mr. Mackay of DeKalb and others:
A bill to amend the charter of the City of Pine Lake; in the county of DeKalb; and for other purposes.
HB 576. By Mr. Mackay of DeKalb and others:
A bill to amend an act entitled "an act to provide for the examination for qualified electrician, for the right to engage in said vocation in counties having a population of not less than 85,000 and not more than 90,000; and for other purposes.
702
JOURNAL OF THE SENATE,
HB 577. By Mr. Mackay of DeKalb and others:
A bill to amend an act entitled "an act to create and establish the city court of Decatur; and for other purposes.
The consent was granted.
HE 68. By Messrs. Gunter and Williams of Hall:
A resolution to compensate T. 0. Jones and Mrs. Vallie Jones for injuries and property damage; 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:
Ayers Blalock Brooks Chance Clary Coffin Davis Dews Florence Garrett Harper Harrison Hollis
Housley Jones, 38th Jones, 18th Kelly Lovett Mann Matthews McBride Millican Neel Overby Page Paulk
Ponsell Raulerson Reynolds Richardson Ricketson Seagraves Steis Strickland Waters Wetherington Wood Zellner
By unanimous consent, 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.
HR 116. By Mr. Kennedy of Tattnall:
A resolution to compensate Dr. Hess and Clark, Inc. for damages to an automobile; 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:
TUESDAY, FEBRUARY 14, 1956
703
Those voting in the affirmative were Senators:
Ayers Blalock Brooks Chance Clary Coffin Davis Dews Florence Garrett Harper Harrison Hollis
Housley Jones, 38th Jones, 18th Kelly Lovett Mann Matthews McBride Millican Neel Overby Page Paulk
Ponsell Raulerson Reynolds Richardson Ricketson Seagraves Steis Strickland Waters Wetherington Wood 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.
HR 127. By Mr. Freeman of Monroe:
A resolution compensating Early T. Grant for damages; and for other purposes.
Senator Millican of the 52nd offered the following amendment:
Amend HR 127-348E by adding to caption after word "Grant" the words "and John A. Willding" and adding at the end of resolution the following:
WHEREAS, on November 20, 1953, at approximately 2:25 P.M., Mr. John A. Willding was driving his 1953 Buick automobile along U.S. Highway 41 at a point approximately 3.3 miles south of Cartersville, Georgia when a 1945 pick-up truck owned by the State Highway Department, and driven by Mr. J. L. Brown, an employee of the State Highway Department, crossed the center of the highway and sideswiped car belonging to Mrs. Frances Massey Evans, and then smashed into the car driven by Mr. Willding, damaging it to the extent of Five Hundred ten dollars and eighteen cents ($510.18) which covers actual damages, and
WHEREAS, it is only just and proper that Mr. Willding be com-, pensated for the actual damage to his car.
NOW THEREFORE BE IT RESOLVED by the General Assembly of Georgia that the Georgia State Highway Department be ordered and directed to pay Mr. John A. Willding the sum of Five Hundred Ten Dol lars and Eighteen Cents ($510.18) as compensation for damages as set out above, said sum to be paid by the State Highway Department from funds appropriated or available to the said Department.
On the adoption of the amendment, the ayes were 32, nays 0, and the amend ment was adopted.
704
JOURNAL OF THE SENATE,
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:
Ayers Blalock Brooks Chance Clary Coffin Davis Dews Florence Garrett Harper Harrison Hollis
Housley Jones, 38th Jones, 18th Kelly Lovett Mann Matthews McBride Millican Neel Overby Page Paulk
Ponsell Raulerson Reynolds Richardson Ricketson Seagraves Steis Strickland Waters Wetherington Wood 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.
HR 57. By Messrs. Killian and Nightingale of Glynn: A resolution to designate a portion of State Route #32 as the Harrell Highway; and for other purposes. Senator Raulerson of the 46th offered the following amendment: Amend HR 57 by striking the words "city limits of the town of Patterson" from the second and third lines of paragraph five of said resolution and inserting in lieu thereof the following "west line of Brantley County".
On the adoption of the amendment, the ayes were 36, 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 35, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.
HR 32. By Messrs. Chambers and Sanders of Richmond: A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to Arti-
TUESDAY, FEBRUARY 14, 1956
705
cle VI, Section II of the Constitution of Georgia so as to confer upon the Supreme Court and Court of Appeals jurisdiction to review by writ of error all final judgments and adjudications rendered by Juvenile Courts; to provide for advertising and submission; and for other pur
poses.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1.
Article VI, Section II of the Constitution of Georgia is hereby amended by adding thereto a new Paragraph to be known as Paragraph IX and to read as follows:
"Paragraph IX. The Supreme Court of Appeals shall have jurisdiction to review by direct writ of error, and without the neces sity of a motion for new trial having been made, all final judgments, orders, decrees and adjudications rendered by any juvenile court created or referred to in an Act of the General Assembly approved February 19, 1951 (Ga. Laws 1951, p. 291), as amended, and any other juvenile court that may be hereafter established, and, it shall further be the duty of the Solicitor General of the judicial circuit within which juvenile court or courts are located to represent the juvenile court on such appeals. The time for filing such bill of ex ceptions, and the procedure governing same, shall be as now pro vided by law for appeals, or as may hereafter be provided by law, but in any case, the Juvenile Judge may by order grant extensions of time for the filing of such bill of exceptions so as to afford oppor tunity for preparation of a brief or transcript of evidence, in cases where such is required."
SECTION 2.
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 branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended. Such proposed amend ment shall be submitted as provided in said Paragraph.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to Constitution so as to confer jurisdiction on the Supreme Court and Court of Appeals to review by writ of error all final judgments of Juvenile Courts."
"Against ratification of amendment to Constitution so as to confer jurisdiction on the Supreme Court and Court of Appeals to review by writ of error all final judgments of Juvenile Courts."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
706
JOURNAL OF THE SENATE,
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governer 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 foil call was ordered and the vote was as follows:
Those voting in the affirmative were Senators:
Ayers Blalock Chance Clary Davis Dews Dykes Florence Garrett Harrison Hollis Housley
Jones, 38th Jones, 18th Kelly Lovett Mann Matthews McBride Millican Morrison Neel Overby Page
Paulk Ponsell Raulerson Reynolds Richardson r Seagraves Shurling Strickland Turner Waters Wetherington 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. The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
Senator Overby of the ,33rd asked unanimous consent that the following bill of the House be withdrawn from the Committee on, County and Municipal Gov ernments, read the second time and recommitted:
HB 539. By Mr. Truelove of White:
A bill to amend an act incorporating the town of Helen, so as to change the corporate limits; and for other purposes.
The consent was granted.
Senator Overby of the 33rd moved that the Senate do now adjourn until 10:00 o'clock tomorrow morning and the motion prevailed.
The president announced the Senate adjourned until 10:00 o'clock tomorrow morning.
WEDNESDAY, FEBRUARY 15, 1956
707
Senate Chamber, Atlanta, Georgia. Wednesday, February 15, 1956.
The Senate met pursuant to adjournment at 10:00 o'clock this morning and was called to order by the president.
Scripture reading and prayer was offered by the chaplain.
By unanimous consent the call of the roll was dispensed with.
Senator Davis of the 42nd moved that the Senate reconsider its action in passing the following bill of the House on yesterday:
HB 367. By Mr. Hall of Floyd and others:
A bill to amend an act entitled "an act to authorize and empower Floyd ' County by and through its board of commissioners of roads and reve nues to provide, construct and/or maintain in the territory of said county outside the limits of incorporated municipalities; and for other purposes.
.r
.::..
1
The motion prevailed.
,
Senator Hollis of the 24th moved that the Senate reconsider its action in defeating the following bill of the House on yesterday:
HB 27. By Mr. Twitty of Mitchell:
A bill creating a board to be known as the State Board of Dispensing Opticians; providing a method for the appointment of the members of said board; define the trade or occupation of dispensing opticians; and for other purposes.
On the motion, the ayes were 24, nays 7, and the motion prevailed.
Senator Steis of the 25th reported that the journal of yesterday's proceed ings had been examined and found correct.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
Senator Overby of the 33rd 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.
708
JOURNAL OF THE SENATE,
5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and consideration of general 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:
HR 177. By Mr. Groover of Bibb:
A resolution to ratify, approve and confirm the exclusive order of the Governor, dated March 21, 1955 relating to the suspension of the license fee and examination fee required by an act approved March 4, 1955 (Ga. L. 1955, p. 431); and for other purposes.
HR 187. By Messrs. Groover of Bibb, Blalock and Clayton and others:
A resolution directing the State Board of Corrections to study the recommendation of the legislative economy committee; and for other purposes.
HR 190. By Messrs. Groover of Bibb, Blalock of Clayton and others: '
A resolution to recommend that the State discontinue the building of cabins at state parks; and for other purposes.
HR 192. By Messrs. Groover of Bibb, Blalock of Clayton and others:
A resolution to authorize and direct the Secretary of State to make a detailed study of the expense of microfilming state records; and for other purposes.
HR 194. By Messrs. Groover of Bibb, Coker of Cherokee and Chastain of Thomas:
A resolution to provide for a detailed study of the advisability of the State establishing a printing office; and for other purposes.
HB 426. By Messrs. Cloud of Decatur and Harrell of Grady:
A bill to amend an act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act; and for other purposes.
HB 80. By Mr. Bolton of Spalding:
A bill to amend an act known as the "Georgia Retailers' and Con sumers' Sales and Use Tax Act".
HB 299. By Messrs. Kilgore and Kelley of Gwinnett, Palmer of Mitchell and others:
WEDNESDAY, FEBRUARY 15, 1956
709
A bill to provide that fire and casualty insurance companies domiciled in this state may deduct any retaliatory tax paid by them to another state from their Georgia taxes; to repeal conflicting laws; and for
other purposes.
HB 323. By Mr. Nightingale of Glynn:
A bill to amend chapter 34-33 of the code of Georgia, as amended, par ticularly by an act approved February 21, 1955 (Ga. Laws 1955, p. 732), relating to voting by mail by persons other than military per sonnel; and for other purposes.
HB 383. By Messrs. Stripling of Coweta and Willingham of Cobb:
A bill to improve and extend by reciprocal legislation the enforcement of duties of support and to make uniform the law with respect thereto, and for other purposes.
HB 400. By Messrs. Scoggin of Floyd, Floyd of Chattooga, Murphy of Haralson and others:
A bill to amend Section 24-2715, relating to the additional duties of the clerks of the superior courts, so as to provide that the clerk of the superior court shall make a record of each sex criminal convicted in the county; and for other purposes.
HB 562. By Mr. Groover of Bibb:
A bill to amend an act creating a Department of Public Safety; and for other purposes.
HB 547. By Messrs. Sheffield of Brooks, Raulerson of Echols, and others: A bill to provide for a supplement to the compensation of the judge of the superior courts of the Southern Judicial Circuit; to provide for the payment of such supplement in specified amounts by the coun ties comprising the Southern Judicial Circuit; to repeal conflicting laws; and for other purposes.
HB 394. By Mr. Groover of Bibb: A bill to amend an act providing for absentee voting by members of the military; and for other purposes.
HB 475. By Messrs. Floyd and Weems of Chattooga: A bill to amend an act providing for the furnishing to veterans of certain vital statistics, approved Feb. 18, 1953, (Ga. Laws 1953, Jan.Feb. Sess., p. 117); and for other purposes.
HR 6. By Messrs. Duke and Massee of Baldwin: A resolution to compensate Miles V. Golden of Milledgeville, Baldwin County, Georgia, for damage to his automobile; and for other purposes.
HR 7. By Messrs. Duke and Massee of Baldwin: A resolution to compensate Thulia Lindsley; and for other purposes.
710
JOURNAL OF THE SENATE,
HE 205. By Messrs. Sanders, Chambers and Holley of Richmond:
A resolution authorizing the conveyance by the Governor of certain real property to Richmond County, to be used for conservation pur poses; and for other purposes.
SB 127. By Senator Millican of the 52nd:
A bill to apply only to counties having a population of not less than 300,000 by the last or any future decennial census of the United States; to direct the commissioners of roads and revenues thereof to pay to the Board of Education thereof, in addition to all other payments directed to be made by the constitution and laws of this State, from any funds held by or available to the commissioners of roads and revenues thereof and derived from sources other than taxation; and for other purposes.
SB 131. By Senator Paulk of the 45th:
A bill to amend an act creating the Board of Commissioners of roads and revenues of Irwin County, approved February 16, 1933 (Ga. L. 1933, p. 571), as amended so as to strike the last sentence of section 1 of said act; to repeal conflicting laws; and for other purposes.
HR 131. By Messrs. Blalock of Clayton and Sanders of Richmond:
A resolution creating a committee to study the advisability of (1) conforming the Georgia income tax laws as 'nearly as practicable to the federal income tax law with respect to the determination and classifi cation of a taxable net income, and (2) of providing for a State income tax withholding system; and for other purposes.
HB 113. By Mr. Groover of Bibb:
A bill to amend an act approved March 7, 1955 (Ga. Laws 1955, p. 483) comprehensively and exhaustingly superseding and revising the laws relating to the Game and Fish Commission and to game and fish, to provide penalties for violation hereof; to repeal conflicting laws and for other purposes.
The House has adopted the following resolutions of the House to-wit:
HR 235. By Messrs. Lindsey and Bolton of Spalding:
A resolution commending Hon. John J. Flynt, Jr.; and for other purposes.
HR 236. By Mr. Wooten of Randolph:
A resolution requesting the State Librarian to furnish to the Superior Court of Randolph County, without cost to said county, certain law books; and for other purposes.
HR 237. By Mr. Wooten of Randolph:
A resolution to provide the Court of Ordinary of Randolph County certain enumerated law books;
WEDNESDAY, FEBRUARY 15, 1956
711
The House has agreed to the Senate Amendment to the following bill of the House, to-wit:
HB 232. By Messrs. Williams and Gunter of Hall and Martin of Banks:
A bill to incorporate the City of Lula in the Counties of Hall and Banks; and for other purposes.
The following bills and resolutions were read the first time and referred to committees:
HB 80. By Mr. Bolton of Spalding: A bill to amend an act known as the "Georgia Retailers and Con sumers' Sales and Use Tax Act"; and for other purposes.
Referred to Committee on Industry and Labor.
HB 299. By Messrs. Kilgore and Kelley of Gwinnett, Palmer of Mitchell and others:
To provide that fire and casualty insurance companies in this State may deduct any retaliatory tax paid by them to another State from their Georgia taxes; and for other purposes.
Referred to Committee on Industry and Labor.
HB 323. By Mr. Nightingale of Glynn:
A bill to amend chapter 34-33 of the code of Georgia, as amended, particularly by an act approved February 21, 1955 (Ga. Laws 1955, p. 732), relating to voting by mail by persons other than military per sonnel; and for other purposes.
Referred to Committee on Judiciary.
HB 383. By Messrs. Stripling of Coweta and Willingham of Cobb:
A bill to improve and extend by reciprocal legislation the enforcement of duties of support and to make uniform the law with respect thereto; and for other purposes.
Referred to Committee on Judiciary.
HB 394. By Mr. Groover of Bibb: A bill to amend an act providing for absentee voting by members of the military; and for other purposes.
Referred to Committee on Judiciary.
HB 400. By Messrs. Scoggin of Floyd, Floyd of Chattooga, Murphy of Haralson and others:
A bill to amend section 24-2175, relating to the additional duties of the clerks of the superior courts, so as to provide that the clerk of the superior court shall make a record of each sex criminal convicted in the county; and for other purposes.
712
JOURNAL OF THE SENATE,
Referred to Committee on Judiciary.
HB 426. By Messrs. Cloud of Decatur and Harrell of Grady: A bill to amend an act known as the Georgia Retailers and Consumers Sales and Use Tax Act; and for other purposes.
Referred to Committee on Finance.
HB 475. By Messrs. Floyd and Weems of Chattooga: A bill to amend an act providing for the furnishing to veterans of cer tain vital statistics, approved February 18, 1953, (Ga. Laws 1953, Jan.-Feb. Sess., p. 117); and for other purposes.
Referred to Committee on Defense and Veterans Affairs.
HB 547. By Messrs. Sheffield of Brooks, Raulerson of Echols and others:
A bill to provide for a supplement to the compensation of the judge of the superior courts of the Southern Judicial Circuit; to provide for the payment of such supplement in specified amounts by the counties comprising the Southern Judicial Circuit; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 562. By Mr. Groover of Bibb:
A bill to amend an act creating a Department of Public Safety; and for other purposes.
Referred to Committee on Judiciary.
HB 113. By Mr. Groover of Bibb:
A bill to amend an act approved March 7, 1955 (Ga. Laws 1955, p. 483) comprehensively and exhaustingly superseding and revising the laws relating to the Game and Fish Commission and to game and fish, to provide penalties for violation hereof; to repeal conflicting laws; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HR 6. By Messrs. Duke and Massee of Baldwin: A resolution to compensate Miles V. Golden of Milledgeville, Baldwin County, Georgia, for damage to his automobile; and for other purposes.
Referred to Committee on Appropriations.
HR 7. By Messrs. Duke and Massee of Baldwin: A resolution to compensate Thulia Lindsley; and for other purposes.
Referred to Committee on Appropriations.
WEDNESDAY, FEBRUARY 15, 1956
713
HR 177. By Mr. Groover of Bibb:
A resolution to ratify, approve and confirm the exclusive order of the Governor, dated March 21, 1955 relating to the suspension of the license fee and examination fee required by an Act approved March 4, 1955 (Ga. L. 1955, p. 431); and for other purposes.
Referred to Committee on Rules.
HR 187. By Messrs. Groover of Bibb, Blalock of Clayton and others:
A resolution directing the State Board of Corrections to study the recommendations of the legislative economy committee; and for other purposes.
Referred to Committee on Penal and Correctional Affairs.
HR 190. By Messrs. Groover of Bibb, Blalock of Clayton and others: A resolution to recommend that the state discontinue the building of cabins at state parks; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HR 192. By Messrs. Groover of Bibb, Blalock of Clayton and others: A resolution to authorize and direct the secretary of state to make a detailed study of the expense of microfilming state records; and for other purposes.
Referred to Committee on Senate Administrative Affairs.
HR 194. By Messrs. Groover of Bibb, Coker of Cherokee and Chastain of Thomas: A resolution to provide for a detailed study of the advisability of the state establishing a printing office; and for other purposes.
Referred to Committee on Rules.
HR 205. By Messrs. Sanders, Chambers and Holley of Richmond: A resolution authorizing the conveyance by the Governor of certain real property to Richmond County, to be used for conservation pur poses; and for other purposes.
Referred to Committee on Rules.
HR 236. By Mr. Wooten of Randolph: A resolution requesting the state librarian to furnish to the superior court of Randolph County, without cost to said county, certain law books and for other purposes.
Referred to Committee on County and Municipal Governments.
HR 237. By Mr. Wooten of Randolph: A resolution to provide the court of ordinary of Randolph County certain enumerated law books; and for other purposes.
Referred to Committee on County and Municipal Governments.
714
JOURNAL OF THE SENATE,
HE 131. By Messrs. Blalock of Clayton and Sanders of Richmond:
A resolution creating a committee to study the advisability of con forming the Georgia income tax laws as nearly as practicable to the federal income tax law with respect to the determination and classifica tion of a taxable net income and for providing for a state income tax withholding system; and for other purposes.
Referred to Committee on Finance.
Mr. McBride of the 10th District, Chairman of the Committee on Temper ance, submitted the following report:
Mr. President:
Your Committee on Temperance have 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 147. Pass Without Recommendation.
SB 148. Do Pass.
Respectfully submitted,
McBride of 10th District, Chairman.
Mr. Dean of the 40th District, Chairman of the Committee on Agriculture and Natural Resources, submitted the following report:
Mr. President:
Your Committee on Agriculture and Natural Resources has had under con sideration 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 recom mendations :
HR 204-561c. Do Pass.
HR 188-531c. Do Pass.
HR 189-531d. Do Pass.
HB 580. Do Pass.
HB 482. Do Pass.
Respectfully submitted,
Dean of 40th District, Chairman.
Mr. President, Chairman of the Committee on Rules, submitted the follow ing report:
Mr. President:
Your Committee on Rules has had under consideration the following bill
WEDNESDAY, FEBRUARY 15, 1956
715
of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
HB 579. Do Pass, as amended.
Respectfully submitted,
S. Ernest Vandiver, Lt. Gov., Chairman.
Mr. Dykes of the 14th District, Chairman of the Committee on Highways, submitted the following report:
Mr. President:
Your Committee on Highways 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 206. Do Pass.
HR 40. Do Not Pass.
Respectfully submitted,
'
Dykes of 14th District,
.. ;
, Chairman.
Mr. Lovett of the 16th District, Chairman of the Committee on Appropria tions, submitted the following report:
Mr. President:
Your Committee on Appropriations has had under consideration the fol lowing resolutions of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HR 58. Do Pass.
HR 92. Do Pass.
HR 119. Do Pass.
Respectfully submitted,
Lovett of 16th 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 bills of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 393. Do Pass. HB 532. Do Pass.
Respectfully submitted,
Garrett of 53rd District, Chairman.
716
JOURNAL OF THE SENATE,
Mr. Harrison of the 17th District, Chairman of the Committee on Health and Welfare, submitted the following report:
Mr. President:
Your Committee on Health and 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 recommendation:
HB 501. Do Pass.
Respectfully submitted,
Harrison of 17th District, Chairman.
Mr. Hollis of the 24th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. President:
Your Committee on 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:
HR 123-348a. Do Pass, as amended. HB 352. Do Pass. HB 450. Do Pass. HB 366. Do Pass. HR 129-348g. Do Pass. HB 142. Do Pass, as amended. HB 141. Do Pass, by substitute. HR 147-428a. Be placed on the general calendar for the consideration of the
Senate. HR 138-399b. Do Pass. HR 143-399g. Do Pass. HR 170-477g. Do Pass. HR 140-399d. Do Pass. HB 449. Do Pass. HB 560. Do Pass. HB 348. Do Pass, as amended. HB 448. Do Pass. HR 141-399e. Do Pass.
Respectfully submitted,
Hollis of 24th District, Chairman.
WEDNESDAY, FEBRUARY 15, 1956
717
Mr. Clary of the 29th District, Chairman of the Committee on Industry and Labor, submitted the following report:
Mr. President:
Your Committee on Industry and Labor 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 266. Do Pass, as amended.
HB 455. Do Pass.
HB 207. Do Pass, as amended.
Respectfully submitted,
Clary of 29th District, Chairman.
Mr. Lovett of the 16th District, Chairman of the Committee on Appropria tions, submitted the following report:
Mr. President:
Your Committee on Appropriations has had under consideration the follow ing bill and resolutions of the House and has instructed me as Chairman, to re port the same back to the Senate with the following recommendations:
HB 243. Do Pass, as amended.
HR 173. Do Pass.
HR 155. Do Pass.
Respectfully submitted,
Lovett of 16th District, Chairman.
Mr. McDonald of the 43rd District, Chairman of the Committee on Educa tional Matters, submitted the following report:
Mr. President:
Your Committee on Educational 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 433. Do Pass.
HB 434. Do Pass.
HB 584. Do Pass.
Respectfully submitted,
McDonald of 43rd District, Chairman.
Mr. Hollis of the 24th District, Chairman of the Committee on Judiciary, submitted the following report:
718
JOURNAL OF THE SENATE,
Mr. President:
Your Committee on Judiciary has had under consideration the following resolutions and bill of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HR 166. Do Pass, as amended. HR 147. Do Pass, after reconsideration. HB 407. Do Pass, as amended.
Respectfully submitted,
Hollis of 24th District, Chairman.
Mr. Brooks of the 50th District, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has had under considera tion 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 124. Do Pass.
Respectfully submitted,
Brooks of 50th District, , Chairman.
Mr. Ricketson of the 19th District, Chairman of the Committee on Defense and Veterans Affairs, submitted the following report:
Mr. President:
Your Committee on Defense and Veterans Affairs, has had under considera tion 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 recom mendations:
HB 335. Do Pass.
HR 209. Do Pass.
Respectfully submitted,
Ricketson of 19th District, Chairman.
Mr. Turner of the 34th District, Chairman of the Committee on County and Municipal Governments, submitted the following report:
Mr. President:
Your Committee on County and Municipal Governments has had under con sideration the following bills and resolution of the House and has instructed
WEDNESDAY, FEBRUARY 15, 1956
719
me as Chairman, to report the same back to the Senate with the following recommendations:
HB 452. Do Pass. HB 527. Do Pass, as amended. HB 97. Do Pass, as amended. HB 576. Do Pass. HB 575. Do Pass. HB 548. Do Pass. HB 553, Do Pass. HB 124. Do Pass, as amended. HB 535. Do Pass. HB 566. Do Pass, as amended. HB 533. Do Pass. HR 151. Do Pass.
Respectfully submitted,
Turner of 34th District, Chairman.
Mr. Turner of the 34th District, Chairman of the Committee on County and Municipal Governments, submitted the following report:
Mr. President:
Your Committee on County and Municipal Governments has had under con sideration 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 546. Do Pass. HB 558. Do Pass. HB 568. Do Pass. HB 539. Do Pass. HB 564. Do Pass. HB 509. Do Pass. HB 569. Do Pass. HB 582. Do Pass. HB 540. Do Pass. HB 453. Do Pass. HB 412. Do Pass. HB 414. Do Pass, as amended.
720
JOURNAL OF THE SENATE,
HB 534. Do Pass. HB 536. Do Pass. HB 567. Do Pass. HB 587. Do Pass. HB 545. Do Pass. HB 537. Do Pass. HB 506. Do Pass.
Respectfully submitted,
Turner of 34th District, Chairman.
Mr. Brooks of the 50th District, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs 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 51.
SB 165.
SB 166.
SB 163.
Respectfully submitted,
Brooks of the 50th District, Chairman.
The following bills and resolutions, favorably reported by the committees, were read the second time:
SB 147. By Senator Harrison of the 17th:
A bill to repeal the act providing for the manner in which licenses granted by the State of Georgia, or by any other duly authorized licensing authority, authorizing the manufacture of malt beverages may be revoked and renewed; and for other purposes.
SB 148. By Senator Harrison of the 17th:
A bill to amend an act relating to license and excise taxes upon the business dealing in malt beverages so as to provide the procedure by which it shall be determined whether malt beverages shall or shall not be sold in a county; and for other purposes.
HB 97. By Mr. M. Smith of Pulton and others:
A bill to amend an act establishing a new charter for the City of
WEDNESDAY, FEBRUARY 15, 1956
721
Atlanta, relating to funds for improvements in the Department of Parks; and for other purposes.
HB 207. By Mr. Groover of Bibb and others: A bill to provide for a physical examination as a prerequisite for employment by the State; and for other purposes.
HB 243. By Mr. Moate of Hancock and others: A bill to make general appropriations to pay the cost of operations of the State Government for the ensuing fiscal year; and for other purposes.
HB 266. By Mr. Groover of Bibb: A bill to provide for the partial abatement of the gross premium tax levied against insurance companies; and for other purposes.
HB 335. By Mr. Floyd of Chattooga and others: A bill to amend an act providing for an integrated veterans service of Georgia and creating a State Department of Veterans Service, so as to provide for the compensation of the members of the State Board of Veterans Service; and for other purposes.
HB 348. By Mr. Dean of Rockdale: A bill to provide for the appointment of an assistant solicitor general in judicial circuits having two or more judges of Superior Courts in such circuit; and for other purposes.
HB 393. By Mr. Groover of Bibb and others: A bill to amend an act entitled "Public Safety Department Act", so as to change the amount of the fee required for the issuance of a duplicate license; and for other purposes.
HB 414. By Mr. Floyd of Chattooga and others: A bill to repeal an act creating a board of commissioners of roads and revenues of Chattooga County; and for other purposes.
HB 433. By Mr. Freeman of Monroe and others: A bill to amend an act relating to the powers, duties and suspension of the county superintendent of schools; and for other purposes.
HB 434. By Mr. Freeman of Monroe and others: A bill to amend an act relating to the removal of a county superin tendent of schools from office; and for other purposes.
HB 448. By Mr. Matthews of Clarke and others: A bill to amend an act relating to the relief of disabilities, so as to
722
JOURNAL OF THE SENATE,
provide that the notice of application to remove disabilities shall be published once a week for four weeks next preceding the term of court at which the martial disabilities are removed; and for other purposes.
HB 449. By Mr. Matthews of Clarke and others:
A bill to amend an act relating to the granting of divorces; and for other purposes.
HB 450. By Mr. Gillis of Treutlen and others:
A bill to amend an act known as the uniform act regulating traffic on highways, by striking that portion which provides that the Department of Public Safety may suspend or revoke licenses of any person con victed under this Section; and for other purposes.
HB 452. By Mr. Pettey of Pulaski:
A bill to amend an act creating the office of commissioner of roads and revenues of Puaski County; and for other purposes.
HB 453. By Mr. Singer of Stewart:
A bill to amend an act creating and establishing a new charter for the City of Richland; and for other purposes.
HB 455. By Mr. Pickard of Muscogee and others:
A bill to provide that no person shall construct or operate in intrastate commerce within this State any pipeline or any distribution sys tem or any extension thereof or sell from such pipeline or acquire ownership or control of such pipeline, etc., without first obtaining from the Georgia Public Service Commission a certificate that the public convenience and necessity require such construction; and for other purposes.
HB 482. By Mr. Groover of Bibb:
A bill to repeal an act of the General Assembly of 1943 entitled "An Act to authorize and direct the Governor to appoint an advisory com mittee in each county in which a state park is located and operated"; and for other purposes.
HB 501. By Mr. Blalock of Clayton and others:
A bill to amend an act to provide for fixing the salary of the Director of the State Board of Social Security at ten thousand per annum; and for other purposes.
HB 509. By Mr. Land of Wilkinson:
A bill to establish a new charter for the Town of Allentown, in the County of Wilkinson; and for other purposes.
HB 532. By Mr. Sheffield of Brooks:
A bill to amend an act known as the General Tax Act, so as to remove
WEDNESDAY, FEBRUARY 15, 1956
723
provisions as to the tax upon dealers in rim-fire pistol and rifle cart ridges; and for other purposes.
HB 533. By Mr. Hardaway of Meriwether and others:
A bill to amend an act entitled "An act to provide for the compensa tion of the chairman and members of the board of commissioners of Meriwether County; and for other purposes.
HB 535. By Mr. Lokey of Fulton and others:
A bill to amend an act establishing a new charter for the City of Atlanta; to authorize the mayor and board of aldermen to sell certain described property; and for other purposes.
HB 536. By Mr. Lokey of Fulton:
A bill to amend an act providing that cities having a population of more than 150,000 shall provide pensions for members of the fire depart ment of such cities; and for other purposes.
HB 537. By Mr. Lokey of Fulton:
A bill to amend an act entitled "An act for the protection of the pen sion rights of county employees, county school district teachers and employees and employees of the largest city in whole or in part in counties having a population of 300,000 or more; to provide pension credits for prior service with subdivisions of government; and for other purposes.
HB 540. By Mr. Sognier of Chatham and others:
A bill to amend the charter of the Town of Thunderbolt; and for other purposes.
HB 545. By Mr. Lokey of Fulton:
A bill providing that cities having a population of more than 150,000, shall furnish pensions to all officers and employees of such cities and providing a system of pensions, so as to reopen the pension fund; and for other purposes.
HB 546. By Mr. Lam of Troup and others:
A bill to incorporate and establish the City of North West Point, in the County of Troup; and for other purposes.
HB 548. By Mr. Parker of Appling:
A bill to amend an act establishing the city court of Baxley; and for other purposes.
HB 558. By Mr. Lam of Troup and others:
A bill to amend an act creating a new charter for the City of Hogansville; and for other purposes.
724
JOURNAL OF THE SENATE,
HB 560. By Mr. Houston of Whitfield and others:
A bill to provide for a change in the salaries of the officers, non com missioned officers and troopers of the uniform division of the Depart ment of Public Safety and the members of the Georgia Bureau of In vestigation; and for other purposes.
HB 564. By Mr. Groover of Bibb and others:
A bill to amend an act entitled "An act to reenact the charter of the City of Macon;" and for other purposes.
HB 566. By Mr. H. Smith of Fulton and others:
A bill to create the office of Director of Public Safety in all counties having a population of 300,000 or more; to provide for the appointment and term thereof; and for other purposes.
HB 567. By Mr. H. Smith of Fulton and others:
A bill to amend an act to provide for the retirement of the judges and the solicitor-general of the criminal court of Fulton County, the judges of the civil court of Fulton County and the judge of the juvenile Court; and for other purposes.
HB 568. By Mr. Lam of Troup and others:
A bill to amend an act creating a new charter for the City of Hogansville; and for other purposes.
HB 569. By Mr. Rowland of Johnson:
A bill to amend an act entitled "An act to incorporate the Town of Kite;" and for other purposes.
HB 579. By Mr. Groover of Bibb:
A bill to amend an act relating to selling, leasing, granting, exchanging and disposing of recreational and park property by the State and po litical subdivisions, so as to provide that the provisions relative to ad vertising and bids shall not apply to the leasing of state parks or facili ties if the lease involved is for a period of one year or less, etc.; and for other purposes.
HB 580. By Mr. Groover of Bibb and others:
A bill to amend an act to amend an act approved March 5, 1937, creating the Natural Resources Department and the various divisions thereof; and for other purposes.
HB 582. By Mr. Souter of Macon:
A bill to supplement the fees of the Ordinary of Macon County; and for other purposes.
WEDNESDAY, FEBRUARY 15, 1956
725
HB 584. By Mr. Groover of Bibb:
A bill to simplify the construction, acquisition and financing of edu cational and training facilities for the State by transferring to and con ferring upon the State School Building Authority, created and operating under the State School Building Authority Act; and for other purposes.
HB 587. By Mr. H. Smith of Fulton:
A bill to amend an act entitled "An act to amend an act entitled "Coun ty Officers. Laws Applicable" in counties having a population of 300,000 or more; and for other purposes.
HR 92. By Mr. McGarity of Henry:
A resolution, to compensate J. W. Walker for damages sustained in an accident on State Highway No. 42; and for other purposes.
HR 124. By Mr. Stephens of Clarke and others:
A resolution creating a committee to study the advisability of con structing a building for the purpose of storing county and State records; and for other purposes.
HR 141. By Mr. Coker of Cherokee and others:
A resolution to authorize the Governor to sell certain land in Dawson and Forsyth Counties; and for other purposes.
HR 151. By Mr. Singer of Stewart:
A resolution authorizing and directing the state librarian to furnish certain law books to the clerk of the superior court and the ordinary of Stewart County; and for other purposes.
HR 206. By Mr. Murphy of Crawford and others:
A resolution to designate a bridge which crosses the Flint river between Crawford and Taylor Counties as the Colonel Benjamin Hawkins Bridge; and for other purposes.
HR 209. By Mr. Cheatham of Chatham and others:
A resolution authorizing and directing the Governor to execute a lease in behalf of the State of Georgia of certain property conveyed to the State by Chatham County and to be used as a site for construction of an Armory for the Georgia Air National Guard with one-hundred per cent federal funds; and for other purposes.
Senator Overby of the 33rd asked unanimous consent that the following bill of the House be withdrawn from the Committee on Judiciary, read the second time and recommitted:
HB 205. By Mr. Kennedy of Turner and others:
A bill to amend an act relating to the applicability of the real estate licensing law, so as to provide that such law shall be statewide in application.
726
JOURNAL OP THE SENATE,
The consent was granted.
Senator Turner of the 34th asked unanimous consent that the following bill of the House be withdrawn from the Committee on County and Municipal Govern ments, read the second time and recommitted:
HB 459. By Mr. Mackay of DeKalb and others:
A bill to add one additional judge of the superior courts for the Stone Mountain circuit; and for other purposes.
The consent was granted.
Senator Dean of the 40th asked unanimous consent that the following reso lutions of the House be withdrawn from the Committee on Agriculture and Natu ral Resources, read the second time and recommitted:
HR 204. By Mr. Sanders of Richmond and others:
A resolution authorizing the establishing and leasing of port facilities in Richmond County; and for other purposes.
HR 188. By Mr. Cloud of Decatur and others:
A resolution authorizing the establishment and leasing of port facilities in Decatur County; and for other purposes.
HR 189. By Mr. Nightingale of Glynn and others:
A resolution authorizing the establishment and leasing of port facilities in Glynn County; and for other purposes.
The consent was granted.
The following local bills and resolutions were read the third time and put upon their passage:
SB 51. By Senator Matthews of the 47th:
A bill to amend the act creating and establishing a new charter for the City of Moultrie by providing that the water system, the electric system and the gas system of the city of Moultrie are public utilities as to all parts of said system outside of said city and as to the operation of said system outside 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. SB 165. By Senator Florence of the 39th:
A bill to repeal the act placing the clerk of the superior court, the ordi nary, the tax commissioner, and the sheriff of Cherokee County on a salary basis in lieu of a fee basis; and for other purposes.
WEDNESDAY, FEBRUARY 15, 1956
727
The report 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 166. By Senator Brooks of the 50th:
A bill to amend the act establishing the city court of Lexington in the County of Oglethorpe so as to change the compensation 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed. HB 256. By Messrs. Lokey and H. Smith of Fulton:
A bill to amend an act establishing a new charter for the City of At lanta, relating to elections; and for other purposes.
Senator Millican of the 52nd offered the following amendment:
Amend HB 256 by adding thereto a new section to immediately precede the repealing section, to be appropriately numbered and the re pealing section to be re-numbered, as follows:
SECTION 4A. The corporate limits of the City of Atlanta are ex tended to include all of the territory lying within the following boundary lines:
Beginning at a point on the north line of Land Lot 44, 14th District, Fulton County (formerly Fayette), where the west line of Land Lot 45 intersects the present limits of the City of Atlanta; running thence north along the west line of Land Lot 45, one thousand three hundred seventyfour and one-tenth (1,374.1) feet; thence easterly one hundred twenty (120) feet along the northerly line of the property now or formerly owned by Bips, and continuing easterly across Niskey Lake Road and along the northerly line of property now or formerly owned by Bips, a distance of two thousand two hundred forty-two (2,242) feet, more or less, to the southwesterly line of the Lot 8, Block 7, of Niskey Lake Subdivision, now or formerly owned by Niskey Lake Water Works; thence southeasterly along said Lot 8, three hundred twenty-eight (328) feet to the east line of Land Lot 45; thence south along the east line of Land Lot 45 one thousand two hundred twenty-one (1,221) feet, more or less, to the north line of Land Lot 44 and the present limits of the City of Atlanta; thence westerly along the north line of Land Lot 44 and the present limits of the City of Atlanta and the point of beginning.
This section shall be effective January 1, 1957.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
728
JOURNAL OF THE SENATE,
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 367. By Messrs. Hall, Scoggin and Wright of Floyd:
A bill to amend an act entitled an act to authorize and empower Floyd County by and through its board of commissioners of roads and revenues to provide, construct and/or maintain in the territory of said county outside the limits of incorporated municipalities; and for other pur poses.
Senator Davis of the 42nd offered the following amendment:
Amend HB 367 by adding a sentence at the end of section 1 thereof as follows: "Said county is further authorized and empowered to pur chase from the owner thereof any existing waterline located within said county outside the city of Rome municipal corporate limits".
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 124. By Messrs. McWhorter, Rutland and Mackay of DeKalb:
A bill to amend, revise, supersede, and consolidate the laws pertaining to the governing authority of DeKalb County; and for other purposes.
The Committee on County and Municipal Governments offered the following amendment:
Amend HB 124 by striking Section 5 thereof in its entirety and by substituting in lieu thereof a new section to be known as Section 5, and to read as follows:
"Section 5. Election Returns; Vacancies. In all elections for Chairman or member of the Commission held pursuant to this Act, the returns shall be canvassed and the results of same certified as provided by law for elections for members of the General Assembly, and the persons so certified shall be declared and deemed to be elected to such offices. In the event of a vacancy in the office of Chairman or a member of the Commission whose unexpired term exceeds 180 days, it shall be the duty of the Ordinary to call a special election for the filling of such vacancy, which election shall be governed by the general laws of force in this State in regard to special elections for the filling of vacancies. In the event such un expired term does not exceed 180 days, it shall be the duty of the Ordinary to fill the vacancy by appointment."
WEDNESDAY, FEBKUARY 15, 1956
729
2.
By adding at the end of Section 7 thereof immediately after the words "Ten Thousand ($10,000.00) Dollars", the words:
"The costs of said bonds shall be paid out of the County treasury."
3.
By striking from the second sentence of Section 8 thereof the words "as follows:", and by placing a period immediately after the word "amounts" immediately preceding the words so stricken.
4.
By adding at the end of Section 20 thereof the following words:
"A copy of the budget and of each revision or amendment to same shall be transmitted by the Chairman to the Grand Jury of the Superior Court of DeKalb County within ten days from the time such budget or amendment thereof is adopted by the Commission."
5.
By adding at the end of Section 22 thereof the following words: "Said accountant shall transmit to the Grand Jury of the
Superior Court of DeKalb County a copy of each quarterly and annual report furnished by him to the Commission.
6.
By adding between the words "prior to" and "Payment thereon" in the last sentence of Section 24 of said bill the words "execution, per formance and"; so that the last sentence of said Section 24 when so amended shall read as follows:
"Provided, however, that the provisions of this section shall not be applicable to any contract which has been approved, prior to execution, performance and payment thereon, by a majority of the Commission by a proper entry on the minutes of the Commission."
7.
By striking the period at the end of Section 26 of said Bill and substituting in lieu thereof a comma and by adding immediately follow ing words:
"and the Ordinary of DeKalb County shall so declare and certify the same to the Secretary of State as required 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 36, nays 0.
.730
JOURNAL OF THE SENATE,
The bill, having received the requisite constitutional majority, was passed as amended.
HB 316. By Messrs. H. -Smith, M. Smith and Lokey of Fulton:
A bill to amend an act establishing a new charter for the City of Col lege Park; and for other purposes.
Senator Millican of the 52nd offered the following amendment:
Amend HB 316 by adding a new section to be known as Section 3A as follows:
Section 3c That an Act entitled, "An Act to repeal all laws and amendments to laws heretofore passed incorporating the city of Man chester, to provide for incorporating said city under the name of College Park, etc., and for other purposes", approved December 16, 1895, (Ga. Laws 1895), as amended, is hereby amended by adding a new section to the amendatory Act approved January 30, 1946, (Ga. Laws 1946, page 432) which shall be numbered 2-B and which shall read as follows:
'' "Section 2-B. Any employee of said city who is making regu lar contributions into the pension fund of said city under this amendment and who dies as a result of an injury or personal injury by accident arising out of and in the course of his employment with said city (the words 'injury' and 'personal injury' being defined as - " follows: Injury and personal injury shall mean only injury by acci dent arising out of and in the course of the employment and shall not include a disease in any form except where it results naturally and unavoidably from the accident, nor shall injury and personal injury include injury caused by the wilful act of a third person directed against an employee for reasons personal to such employee.) shall be conclusively entitled to a service-connected disability pen sion as of the date of such employee's death, the amount of which shall be determined as service-connected disability pension is de termined under Section of this Act, and it is specifically provided that any widow or minor children who shall be the beneficiary or beneficiaries of any pension of such an employee shall have the right to make application for and receive said pension in the amount of seventy-five (75%) percent of the amount of the pension such an employee would be entitled to receive under this provision and such pension shall be continued to such beneficiary or beneficiaries in the regular and normal manner as is provided for continuing pensions to a widow or minor children under this law. Whenever the situation arises whereby it is possible for a beneficiary to establish rights under this Section as well as under Section 2-A of this law then this Section shall apply."
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.
WEDNESDAY, FEBRUARY 15, 1956
731
HB 317. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A bill to amend an act establishing a new charter for the City of Col lege Park; and for other purposes.
Senator Millican of the 52nd offered the following amendment:
Amend SB 317, section 1, page 2, lines 4 and 5 by striking the following:
"and provided further that a change or re-arrangement of ward lines shall not be made oftener than four years",
and insert in lieu the following:
"Provided that the mayor and council shall have authority at
any time at regular schedule council meeting by ordinance to re
arrange said ward lines."
,
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 525. By Messrs. Moate of Hancock,_Groover of Bibb, Odom of Caijiden, Barber of Colquitt, Duke of Baldwin and many others:
A bill to provide that candidates for memberiship in the General As sembly of Georgia may run either in a county primary or a state pri mary; and for other purposes.
Senator Davis of the 42nd offered the following amendment: Amend HB 525 by striking Section 2 in its entirety, and inserting in lieu thereof the following:
"Section 2. Nothing in this Act shall be construed to force a political party to hold a primary for the nomination of candidates for membership in the General Assembly or for any county office."
On the adoption of the amendment, the ayes were 33, nays 0, and the amend
ment was adopted.
...
, ..,.
Senator Millican of the 52nd, Turner of the 34th, Page of the 1st and Hollis of the 24th offered the following amendment:
Amend HB 525 by adding a new section to read as follows:
"Section ,,,,__. This act shall <not apply in counties having, a population of more than 115,000 according to the 1950 or any subse quent census."
732
JOURNAL OF THE SENATE,
On the adoption of the amendment, the ayes were 35, nays 0, and the amend ment 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 340. By Mr. M. Smith of Fulton:
A bill to amend an act entitled "an act to repeal an act providing for the: securing of a license from county authorities to sell fireworks; to prohibit the sale, offering for sale or exposing for sale fireworks except under certain conditions; and for other purposes.
The report of the committee, which was favorable to the passage of the bill,
was agreed to.
,
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 336. By Messrs. Sanders, Chambers and Holley of Richmond: A bill to provide for subsistence allowance to peace officers for purposes of federal income 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 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 378. By Messrs. Chambers, Holley and Sanders of Richmond: A bill to authorize the ordinary of any county having a population of not less than 100,000 nor more than 114,000 to maintain microfilm records of the official organ of the county or newspapers and such other records as may be required 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB -418. By Messrs. H. Smith, M. Smith and Lokey of Fulton: A bill to fix the salary of the clerk of the superior court of Fulton
WEDNESDAY, FEBRUARY 15, 1956
733
County, to make the effective date of this act January 1, 1956; and for other purposes.
The report 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 444. By Mr. Russell of Barrow:
A bill to amend an act creating a new charter for the Town of Auburn; and for other purposes.
The report 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 491. By Messrs. H. Smith, Lokey and M. Smith of Fulton:
A bill to amend an act entitled an act authorizing the board of commis sioners of roads and revenues for Fulton County to establish rules and regulations governing the payment of pensions to county employees of said county; and for other purposes.
The report 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 494. By Messrs. Chambers, Holley and Sanders of Richmond:
A bill vesting in the city council of Augusta power and authority to sell and convey by warranty deed executed by the mayor and clerk of council to Sears Roebuck & Company for $377,250.00, the fee simple title to all that tract or parcel of land in the city of Augusta on the northeast corner of Walton Way and Fifteenth 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 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
734
JOURNAL OF THE SENATE,
HB 499. By Messrs. Hall, Scoggin and Wright of Ployd: A bill to amend an act creating a new charter and municipal government 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB :500. By Messrs. Hall, Scoggin and Wright of Ployd: A bill to amend an act entitled an act to create a new charter and municipal government for the City of Rome, by providing that the re tirement beliefits' payable to employees who retired before amendment of Feb. 2 5, 1949 shall be computed on the same basis as those after 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 31, nays 0.
The bill, Waving received the requisite constitutional majority, was passed.
HB 504. By Messrs. H. Smith, Ml Smith and Lokey: A bill to amend an act entitled an act to supplement the salaries of the judges of the Superior Court of Fulton County as 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 505.. By Messrs. H. Smith, M. Smith and Lokey of Fulton: A bill to amend an act entitled an act to limit in counties having a population of 300(000 or more according to the United States census of 1950 or any future United States census the use by such counties of convict labor, county property or county funds for the purpose of build ing or maintaining a system of county roads; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
WEDNESDAY, FEBRUARY 15, 1956
735
HB 515. By Mr. Hendi-ix of Long:
A bill to amend an act entitled an act to provide that the ordinary of Long County shall receive $50.00 per month in addition to fees; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 516. By Mr. Roughton of Washington:
A bill to amend an act ; creating the city charter of Sandersville; and for other purposes.
The report 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 517. By Messrs. Matthews and Stephens of Clarke:
A bill to amend an act relating to Clarke County fire, sanitation and sewerage districts, so as to extend the Atlanta-Athens highway dis trict; and for other purposes.
The report 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 518. By Messrs. Kelley and Kilgore of Gwinhett:
A bill to amend an; act creating a, new charter for the City of Lawrenceville; and for other purposes.
The report 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. Perkins and Duncan of Carroll:
A bill to amend an act creating the office of commissioner of roads and revenues for Carroll County; ahd for other purposes.
736
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 520. By Messrs. Duncan and Perkins of Carroll:
A bill to amend an act establishing the city court of Carrollton; and for other purposes.
The report 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 524. By Messrs. Lindsey and Bolton of Spalding:
A bill to provide that the board of commissioners of roads and revenues of Spalding County shall be the agency to cooperate with the Georgia Agricultural Extension Service in the employment of the county agri cultural agent and the county home demonstration 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 39, nays 0.
The bill, having received the requisite constitutional majority was passed. HB 557. By Mr. Musgrove of Clinch:
A bill to provide that members of the county boards of education in counties having a population of not less than 5,970 or more than 6,008, shall be paid a per diem of twenty dollars per day for actual services; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 559. By Mr. Rodgers of Charlton:
A bill to provide that members of the board of education in all counties having a population of not more than 4,950 and not less than 4,815, shall be paid the sum of $20.00 for each day's service, not to exceed forty dollars per month; and for other purposes.
WEDNESDAY, FEBRUARY 15, 1956
737
The report 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 152. By Messrs. Duke and Massee of Baldwin:
A bill to amend an act creating a new charter for the City of Milledgeville, so as to change the corporate limits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 153. By Messrs. Duke and Massee of Baldwin:
A bill to amend an act creating a new charter for the City of Milledgeville, so as to change 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 364. By Messrs. Gunter and Williams of Hall:
A bill to amend the charter of the City of Gainesville by defining and establishing 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 466. By Mr. Stewart of Ben Hill: A bill to amend 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
738
JOURNAL OF THE SENATE,
HB 468. By Mr. Edenfield of Mclntosh:
A bill to amend an act relating to the regulation of the installation of warm air heating equipment in counties having a certain 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 469. By Messrs. H. Smith and Lokey of Fulton:
A bill to amend an act entitled an act to authorize the governing author ities of the several municipalities of this state to enact zoning and planning ordinances and regulations, providing that the said act shall apply to municipalities having a population 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 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 480. By Mr. Barber of Jackson:
A bill to amend an act establishing the city court of Jefferson so as to provide the raising of salaries of the judge and 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 488. By Mr. Russell of Bartow:
A bill to amend an act creating a new charter for the City of Winder, Georgia, so as to provide and confer upon the City of Winder the right, power and authority to establish, provide and maintain through cadas tral survey, a field book system for real property identifications and evaluations; and for other purposes.
The report 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.
WEDNESDAY, FEBRUARY 15, 1956
739
The bill, having received the requisite constitutional majority, was passed.
HB 489. By Mr. Russell of Barrow:
A bill to amend an act entitled "an act to provide and establish a new charter for the city of Winder"; and for other purposes.
The report 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 490. By Mr. Killingsworth of Clay:
A bill to extend the jurisdiction of the court of ordinary of 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 492. By Mr. Russell of Barrow:
A bill to amend an act entitled an act to provide and establish a new charter for the City of Winder, so as to enlarge the corporate limits of the City of Winder; and for other purposes.
The report 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 495. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A bill to amend an act entitled "an act to provide for a budget in all counties of this state having a population of two hundred thousand, so as to increase the reserve permitted under the act of 1955, and to author ize the sale of industrial property without advertisement; and for other purposes.
The report 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.
740
JOURNAL OF THE SENATE,
HB 496. By Mr. Jordan of Wheeler:
A bill to create additional compensation for the sheriff of Wheeler County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 497. By Mr. Fain of Franklin:
A bill to amend an act incorporating the City of Franklin 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 498. By Mr. Jordan of Wheeler:
A bill to amend an act creating the offices of tax collector, tax receiver and county treasurer of the County of Wheeler; and for other purposes.
The report 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 507. By Messrs. Register and Mathis of Lowndes:
A bill to amend an act providing for the regulation of the installation of warm air heating equipment in certain counties; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 508. By Mr. Land of Wilkinson:
A bill to repeal an act entitled "an act to incorporate the Town of Allentown; and for other purposes.
WEDNESDAY, FEBRUARY 15, 1956
741
The report 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 510. By Mr. Rodgers of Charlton:
A bill to amend an act creating a board of commissioners of roads and revenues for 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 512. By Mr. Murphy of Haralson:
A bill to authorize the governing authority of the City of Bremen, to levy an additional tax for educational purposes; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 513. By Messrs. Duncan and Perkins of Carroll:
A bill to amend an act creating a new charter for the Town of Whitesburg; and for other purposes.
The report 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 523. By Messrs. Lokey, H. Smith and M. Smith of Fulton: A bill to amend an act entitled "An act to establish the criminal court of Atlanta, so as to increase and fix the annual salaries of the judges of said criminal court of Fulton County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
742
JOURNAL OF THE SENATE,
The bill, having received the requisite constitutional majority, was passed.
HB 526. By Messrs. Lam and Birdsong of Troup:
A bill to amend an act creating a board of commissioners of roads and revenues for Troup County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 528. By Messrs. Willingham, Reed and Bentley of Cobb: A bill to amend an act creating a new charter for the Town of Acworth; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Oh the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 551. By Messrs. Mincy and Frier of Ware: A bill to provide that any political party primary for choosing nominees for county officers in Ware County shall be held on the same day that the state primary for such political party is held for choosing nominees for members of the General Assembly; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 555. By Mr. Jones of Lumpkin:
A bill to authorize the governing authority of Lumpkin County 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 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
WEDNESDAY, FEBRUARY 15, 1956
743
HR 76. By Messrs. Lokey and Smith of Fulton:
A RESOLUTION.
Proposing to the people of Georgia for ratification or rejection an amendment to Article VI, Section III, Paragraph I of the Constitution of Georgia of 1945, fixing the terms of office of the Judges of the Superior Court of the Atlanta Judicial Circuit, and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION I.
That the General Assembly of Georgia proposes to the people of Georgia for ratification or rejection an amendment to Article VI, Sec tion III, Paragraph I of the Constitution of Georgia of 1945, by adding thereto the following:
"Notwithstanding the provision of this Section providing for a term of four years for Judges of the Superior Courts and notwith standing any other provision of the Constitution of Georgia, the term of office of each of the Judges of the Superior Court of the Atlanta Judicial Circuit who is elected at the General Election of 1956 shall be for eight years from January 1, 1957 and until his successor is qualified, and the term of each of the Judges of the Superior Court of the Atlanta Judicial Circuit elected in subsequent years shall be eight years and until his successor is qualified."
SECTION II.
When this resolution shall have been agreed to by two-thirds of the members elected to both Houses of the General Assembly of Georgia, the same shall be entered on their journals with the yeas and nays taken thereon and shall be submitted to the people for ratification or rejection at the next General Election for members of the General Assembly as provided by the Constitution. At said General Election those desiring to vote in favor of said amendment shall have written or printed on their ballots the words, "For ratification of the amendment to Article VI, Section III, Paragraph I of the Constitution of Georgia of 1945, fixing the terms of office of the Judges of the Superior Court of the Atlanta Judicial Circuit." Those desiring to vote against the ratification of said amendment shall have written or printed on their ballots the words, "Against ratification of the amendment to Article VI, Section III, Para graph I of the Constitution of Georgia of 1945, fixing the terms of office of the Judges of the Superior Court of the Atlanta Judicial Circuit."
SECTION III.
This amendment shall be published before said General Election as now provided by law. If at said General Election a majority of the qualified voters voting thereon as provided in the Constitution of Geor gia of 1945, vote in favor of the ratification of this amendment, the same shall, upon the result thereof being ascertained and certified as provided by law, become a part 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.
744
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:
Ayers Chance Clary Coffin Davis Dean Dews Florence Garrett Harper Harrison Hollis Housley Jones, 38th Jones, 18th
Kelly Lambert Lovett Mann Matthews McBride McDonald Millican Morrison Neel Page Paulk Raulerson Reynolds Richardson
Eicketson Roop Seagraves Shurling Steis Strickland Toms Turner Warnell Waters Wetherington Wilkins Wood Zellner
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 44, nays 0.
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
HR 77. By Messrs. Watson and Denson of Dougherty:
A RESOLUTION.
Proposing an amendment to the Constitution so as to provide for the establishment of a sewerage system in the City of Albany and Dougher ty County; to prescribe the procedure connected therewith; to authorize the City of Albany to contract with Dougherty County with respect to a sewage system, including a sewage disposal plant; to provide for the financing of such sewage system and sewage disposal plant; to provide that the provisions of said amendment shall apply to both sanitary and storm sewers; to provide for assessment of cost of such sewers; to repeal conflicting laws and constitutional provisions; to provide for submission of the amendment for ratification or rejection and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1.
Article VII, Section VII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"The governing body of the City of Albany is hereby author ized to create indebtedness, and to issue revenue anticipation cer tificates and/or direct obligation bonds for the construction, main tenance and operation of sanitary and storm sewers and of a sewerage disposal plant, but the amount of such bonds outstand ing at any one time shall not exceed $2,500,000 in addition to the
WEDNESDAY, FEBRUARY 15, 1956
745
limitation now imposed upon said municipality. The governing body of said municipality is hereby given full authority to deter mine the aggregate amount of bonds to be issued from time to time, maturity dates, not to exceed 30 years from date of issue, the interest rates, the date of issuances and other details incident to the issuance and sale of said bonds. Such bonds may be issued after submitting the question of such issuance to the voters of the municipality and upon the approval of such issuance by a majority vote of those actually voting on such question. In the event such bonds are issued, the governing body shall provide for the assess ment and collection of an annual tax on all the property in said city subject to taxation for bond purposes, sufficient to pay the principal of and interest on said bonds as the same mature. The aforesaid governing body is hereby authorized to levy a tax, fee or charge, in addition to taxes now authorized to said municipality, as necessary to assure the acquisition, construction, equipping and, thereafter, the operation, maintenance, and extension of such sew age disposal plant and sewage system, and, in its discretion, to levy a sewer charge for the use of sewers, and to contract with the gov erning body of the County of Dougherty relative to the establish ment, construction, maintenance, operation, financing, administra tion and use of such sewerage system and sewage disposal, includ ing the aforesaid sewage disposal plant, and such contract may include provisions relating to the joining of the aforesaid system to any system now or hereafter created in or by the County of Dougherty."
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:
Ayers Chance Clary Coffin Davis Dean Dews Florence Garrett
Harper Harrison Hollis Housley Jones, 38th Jones, 18th
Kelly Lambert Lovett Mann Matthews McBride McDonald Millican Morrison
Neel Page Paulk Raulerson Reynolds Richardson
Ricketson Roop Seagraves Shurling Steis Strickland Toms Turner Warnell
Waters Wetherington Wilkins Wood Zellner
By unanimous consent, the verification of the roll call was dispensed with. On the adoption of the resolution, the ayes were 44, nays 0.
746
JOURNAL OF THE SENATE,
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
HR 79. By Messrs. Willis and Chastain of Thomas:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Thomas County by districts; to provide that the Board select the County School Supertendent; to prescribe the procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article VIII, Section V, Paragraph I of the Constitution, relating to county boards of education, is hereby amended by adding at the end thereof the following:
"The Board of Education of Thomas County shall be com posed of seven members, to be elected as hereinafter provided. For the purpose of electing such members, Thomas County is hereby divided into six Education Districts. Education District No. 1 shall be composed of Militia District No. 637 (Thomasville) and Militia District No. 1282 (Metcalf). Education District No. 2 shall be composed of Militia District No. 754 (Boston) and Militia District No. 1683 (Barwick). Education District No. 3 shall be composed of Militia District No. 1212 (Coolidge) and Militia Dis trict No. 1614 (Merrillville). Education District No. 4 shall be composed of Militia District No. 1227 (Ochlocknee) and Militia District No. 1648 (Ellabelle). Education District No. 5 shall be composed of Militia District No. 763 (Ways) and Militia District No. 1583 (Pavo). Education District No. 6 shall be composed of Militia District No. 1508 (Meigs). The Board of Education shall be composed of one member from each of the Education Districts created herein and one member from the county at large. Each member of the Board shall be elected by the voters of Thomas County. Any person offering as a candidate to represent an Educa tion District on the Board must reside in the district from which he offers. No person who resides in any part of Thomas County embraced within the territory of an independent school system shall be eligible for election as a member of the Board, nor may any such person be eligible to vote in any election to elect members of the Board. No person shall be eligible for membership on the Board unless he has resided in the District from which he offers as a candidate for at least one year immediately preceding the date of the election.
"In the event this amendment is ratified, it shall be the duty of the Ordinary of Thomas County to issue the call for an election, which call shall be issued at least ten days prior to the date of such election, and the Ordinary shall set the date for such election for a day between the fifteenth and twentieth days of December, inclusive, in the year 1956. Such election shall be for the purpose
WEDNESDAY, FEBRUARY 15, 1956
747
of electing the first members of the Board of Education of Thomas County created under this amendment, and it shall be the duty of the Ordinary to publish the date of the election, the purpose there of, and a brief explanation of the voting procedure by districts, at least once preceding the date of the election, in the official organ of Thomas County. The members elected at such election shall take office January 1, 1957. The members elected from Education Dis tricts No. 1, No. 2, No. 3, and from the county at large, shall serve for a term of two years and until their successors are elected and qualified. The members elected from Education Districts No. 4, No. 5 and No. 6 shall serve for a term of four years and until their successors are elected and qualified. All future members shall serve for a term of four years and until their successors are elected and qualified. All future elections shall be held on the same day as members of the General Assembly from Thomas County are elected, and the members elected shall take office on the first day of January immediately following their election. In case of a vacancy on the Board for any cause other than expiration of a term of office, the remaining members of the Board shall elect a person who shall serve for the unexpired term.
"The Board of Education of Thomas County provided for here in shall select the County School Superintendent of Thomas County, who shall serve at the pleasure of the Board. The County School Superintendent of Thomas County who is elected in 1956 and who shall take office January 1, 1957 shall serve as County School Superintendent until such time as the Board shall choose to select the Superintendent. The Board may select the person who has been elected, or they may select some other person.
"The Board of Education of Thomas County in effect at the time of the ratification of this amendment shall be abolished ef fective December 31, 1956, and the terms of office of all members of such Board shall expire on such date.
"The County Board of Education as provided for herein and the County School Superintendent as provided for herein shall be subject to all constitutional provisions and all statutory provisions relative to county board of education and county school superin tendents, respectively, unless such provisions are in conflict with the provisions of this amendment."
SECTION 2.
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 branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Gov ernor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended. Such pro posed amendment shall be submitted as provided in said paragraph.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to Constitution so as to provide for the election of members of the Thomas County Board of Edu-
748
JOURNAL OF THE SENATE,
cation by districts, and for the selection of the Thomas County School Superintendent by the Board.
"Against ratification of amendment to Constitution so as to provide for the election of members of the Thomas County Board of Education by districts, and for other selection of the Thomas County School Superintendent by the Board."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per sons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment sahll be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
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:
Ayers Chance Clary Coffin Davis Dean Dews Florence Garrett Harper Harrison Hollis Housley Jones, 38th Jones, 18th
Kelly Lambert Lovett Mann
Matthews McBride McDonald Millican Morrison Neol Page Paulk Raulerson Reynolds Richardson
Ricketson Roop Seagraves Shurling Steis Strickland Toms Turner Warnell Waters Wetherington Wilkins Wood Zellner
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 44, nays 0.
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
HR 82. By Messrs. Wright, Hall and Scoggin of Floyd:
A RESOLUTION Proposing an amendment to the Constitution so as to provide for the establishment and administration of a system of street lights for
WEDNESDAY, FEBRUARY 15, 1956
749
Ployd County by the Commissioners of Roads and Revenues of Ployd County; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1.
Article XI, Section I of the Constitution, relating to counties as corporate bodies, as amended by a resolution found in Georgia Laws 1945, page 110, which added provisions relative to the Commissioners of Roads and Revenues of Floyd County to establish and administer sewerage and water facilities for Floyd County, is hereby amended by striking that portion added by the aforesaid resolution of 1945, and inserting in lieu thereof the following:
"The Commissioners of Roads and Revenues of Ployd County shall have authority to establish and administer a system of street lights, sewerage and water, and to levy taxes to pay therefor, and to charge for connections thereto, which shall be uniform."
SECTION 2.
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 branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. Such proposed amendment shall be submitted as provided in said Paragraph.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to Constitution so as to provide for the establishment and administration of a system of street lights for Floyd County by the Commissioners of Roads and Revenues of Floyd County.
"Against ratification of amendment to Constitution so as to provide for the establishment and administration of a system of street lights for Floyd County by the Commissioners of Roads and Revenues of Ployd County."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the results to the Governor, who shall issue his proclamation thereon.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
750
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:
Ayers Chance
Clary Coffin Davis Dean Dews Florence Garrett Harper Harrison Hollis
Housley Jones, 38th Jones, 18th
Kelly Lambert
Lovett Mann Matthews McBride McDonald Millican Morrison Neel Page Paulk
Raulerson Reynolds Richardson
Ricketson Roop Seagraves Shurling Steis Strickland Toms Turner Warnell Waters Wetherington Wilkins Wood Zellner
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 44, nays 0.
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
HR 84. By Messrs. Watson and Denson of Dougherty:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the establishment of a sewage system in the City of Albany and Dough erty County; to prescribe the procedure connected therewith; to author ize Dougherty County to contract with the City of Albany with respect to a sewage system, including a sewage disposal plant; to provide for the financing of such sewage system and sewage disposal plant; to pro vide that the provisions of said amendment shall apply to both sanitary and storm sewers; to provide for assessment of cost of such sewers; to authorize the condemnation of property or the acquisition of rights of way by contract or purchase or by other means as now provided by law, in connection with said sewage system and sewage disposal plant; to repeal conflicting laws and constitutional provisions; to provide for submission of the amendment for ratification or rejection and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1.
Article VII, Section VII, Paragraph I of the Constitution, is hereby amended by adding at the end thereof the following:
The governing body of Dougherty County is hereby authorized to establish, construct, maintain, operate and administer a system of sewer-
WEDNESDAY, FEBRUARY 15, 1956
751
age, including sanitary and storm sewers and a sewage disposal plant, in said County. In order to accomplish the foregoing, the governing authority is hereby authorized to assess the cost of sanitary sewers against the property owners served thereby, to acquire rights-of-way for such sewers by contract of purchase or by the power of eminent domain, and to create indebtedness, and to issue revenue anticipation certificates and/or general obligation bonds but the amount of such bonds outstanding at any one time shall not exceed $2,500,000, in addi tion to the seven percent (7%) limitation now imposed by the Consti tution. The governing body of said County is hereby given full authority to determine the aggregate amount of bonds to be issued from time to time, the maturity dates not to exceed 30 years from date of issue, the date of issuance and other details incident to the issuance and sale of said bonds. Such bonds may be issued after submitting the question of such issuance to the voters of the County and the approval of such issuance by a majority of the qualified voters of said county voting on such question. In the event such bonds are issued, the governing body shall provide for the assessment and collection of an annual tax on all the property in said County subject to taxation for bond purposes suffi cient to pay the principal of and interest on said bonds as the same mature. The aforesaid governing body is further authorized to levy a tax, fee or charge as necessary to assure the acquisition, construction, equipping, and, thereafter, operating, maintaining and extending such system, and, in their discretion, to levy a sewer charge for the use of sewers constructed hereunder for such purposes, and to contract with the governing authority of the City of Albany relative to the establish ment, construction, maintenance, financing, administration, operation and use of such sewerage system and sewage disposal, including the aforesaid sewage disposal plant, and such contract may include pro visions relative to the joining of the aforesaid system to any system now or hereafter created in or by the City of Albany.
SECTION 2.
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 branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. Such proposed amendment shall be submitted as provided in said Paragraph.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide for the establishment and financing of a sewerage system in Dougherty County and to prescribe the procedure connected therewith."
All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons de siring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this
752
JOURNAL OF THE SENATE,
State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor who shall issue his proclamation thereon.
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:
Ayers Chance Clary Coffin Davis Dean Dews Florence Garrett Harper Harrison Hollis Housley Jones, 38th Jones, 18th
Kelly Lambert Lovett Mann Matthews McBride McDonald Millican Morrison Neel Page Paulk Raulerson Reynolds Richardson
Ricketson Roop Seagraves Shurling Steis Strickland Toms Turner Warnell
Waters Wetherington Wilkins Wood Zellner
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 44, nays 0.
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
HR 105. By Mr. Phillips of Walton:
A RESOLUTION
Proposing to the qualified voters of Walton County, exclusive of those residing within the corporate limits of Social Circle an amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia so as to provide that all of Walton County exclusive of the Independent School System of Social Circle shall comprise one school district, and it shall be under the control and management of a county board of edu cation composed of not more than nine nor less than seven members; to provide for the selection of the said board; to provide for the terms of office of the members of the said board; to provide for the election and appointment of a County School Superintendent by the Walton County Board of Education; to provide for the submission of this amendment for ratification or rejection, and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
WEDNESDAY, FEBRUARY 15, 1956
753
SECTION 1.
That Article VIII, Section V, Paragraph I of the Constitution of Georgia of 1945 be and the same is hereby amended by adding at the end thereof the following:
(a) All of Walton County exclusive of that area lying within the corporate limits of the City of Social Circle shall compose one school district and shall be under the control and management of a Walton County Board of Education. The School district will be known as Walton County Schools.
(b) 1. The Walton County Board of Education shall consist of not more than nine nor less than seven members. The board will be com posed of seven members until such time as Social Circle may vote to come into the system. (The procedure to be followed by Social Circle is that prescribed under existing Georgia Law Sections 32-1201, 32-1202, and 32-1203).
2. Three members of the Board shall reside within the corporate limits of the City of Monroe and will be appointed by the Mayor and Council of Monroe.
3. Four members of the Board shall reside within the territorial limits of Walton County exclusive of the corporate limits of Monroe and the corporate limits of Social Circle and will be appointed by the Walton County Grand Jury. These members will reside in areas 1, 2, 3, and 4 respectively. These areas are hereinafter defined.
4. At such time as Social Circle may vote to come into the system, the Board will be composed of nine members as follows:
(a) Three members from Monroe appointed by the Mayor and Coun cil of Monroe.
(b) Four members from the county appointed by the Grand Jury, one member each from areas 1, 2, 3, and 4 respectively. These areas are hereinafter defined.
(c) One member from Social Circle appointed by the Mayor and Council of Social Circle. (The member from area 4 could not come from within the corporate limits of Social Circle.)
(d) One member from Loganville appointed by the Mayor and Council of Loganville. (The member from area 3 could not come from within the corporate limits of Loganville, under the nine man board.)
AREA # 1
AREAS DEFINED
Composed of Blasingame Militia District, Good Hope (or Richard son) Militia District and that part of Mountain Militia District lying to the South of the Athens Highway (U. S. 78) from Monroe.
AREA # 2
Composed of that part of Mountain Militia District north of the Athens Highway from Monroe, Tanners District, Booth District and that part of Vinegar Hill District east of Alcova River.
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JOURNAL OF THE SENATE,
AREA # 3 Composed of that part of Vinegar Hill Militia District west of the
Alcova River, Brooks Militia District, Broken Arrow Militia District, and Buncombe Militia District.
AREA # 4
Composed of Alien's Militia District, Whatley's Militia District and Social Circle Militia District.
C. The members appointed to the first Board shall be selected for the following terms:
(a) One member from Monroe for a term of two years. (b) One member from Monroe for a term of three years. (c) One member from Monroe for a term of four years. (d) One member from Area 1 for a term of one year. (e) One member from Area 2 for a term of two years. (f) One member from Area 3 for a term of three years. (g) One member from Area 4 for a term of four years.
At the expiration of the above terms their successors in office shall be appointed for a term of four years. At such time as Social Circle may vote to come into the system the member from within the corporate limits of the City of Social Circle and the member from within the corporate limits of the City of Loganville shall be appointed for a term to coincide with the term from Area 1 above.
The terms of office shall expire on December 31st and all new members appointed to the board, shall take office on January 1st follow ing the expiration date of the retiring member. This is not to be con strued that a member is ineligible to succeed himself if reappointed to the Board. (The county members will be appointed at the August term of the Grand Jury.)
Should a vacancy occur on the said board by reason of death, resig nation or otherwise the remaining members of the board shall elect a successor from the same district who shall hold office until the proper appointing authorities shall appoint a person to fill the unexpired term.
D. The new Walton County Board of Education shall appoint not fewer than three nor more than five local school trustees for each school in the system. These trustees shall be appointed in such a manner that there will be at least one trustee residing in the attendance area of all schools existing in Walton County during the school year 1953-54. Ga. Code Section 32-1104 shall be followed in making these appointments.
The trustees so appointed by the County Board shall have such powers or duties as is prescribed under Ga. Code Section 32-1105.
(a) The trustees representing each school in a given numbered area shall have the privilege of meeting in a joint meeting just prior to the August term of the Grand Jury at which the County Board member
WEDNESDAY, FEBRUARY 15, 1956
755
from their area shall be appointed, and at this meeting, by majority vote of the trustees present they may recommend a person or persons to the Grand Jury for the consideration of the Grand Jury in nominating a person to be appointed to the Board.
(1) This meeting may be called by the Chairman of any Board of Trustees. Written notice as to time and place of the meeting shall be given the chairman of each Board in the given area at least one week prior to the time of the meeting.
(2) Each trustee present shall have one vote, the votes to be counted together and the majority vote of the group shall determine the person or persons to be recommended to the Grand Jury.
(3) The Chairman of the trustee Boards present shall constitute a committee to write a letter to the Foreman of the Grand Jury advising him of the results of the meeting. They shall have no authority to present anything other than the recommendation adopted by majority vote of the combined boards.
(4) This meeting and recommendation is not compulsory. If a meeting is held however, and recommendation made, it shall be com pulsory that such recommendation be presented in the manner outlined above for consideration of the Grand Jury.
E. All rights powers and duties now exercised by the Monroe City Board of Education and the Walton County Board of Education shall be vested in the Walton County Board of Education. The members of the board shall receive such compensation as may be provided by law.
Any contracts entered into by either board prior to January 1, 1956 will be honored by the new Walton County Board of Education.
F. The effective date of this amendment will be determined by the passing of a resolution by the present Monroe City Board of Education and the present Walton County Board of Education approving the merger of the Monroe City School System and the Walton County School System into the Walton County Schools.
G. From and after ratification of this amendment, and the passage of the resolution of approval by the Monroe Board of Education and the Walton County Board of Education, as above referred to, the voters of Walton County shall no longer elect a County School Superintendent; provided, however, that the County School Superintendent of Walton County elected at the General Election in November, 1956, shall serve out the expiration of his full'four year term and until his successor is duly appointed and qualified, and during such term shall serve as Superintendent of the new Walton County School System created by merger of the Monroe City System and the existing Walton County System, provided, however, that the work and performance of duty of such Superintendent must be acceptable to the new Walton County Board of Education. On expiration of the term of the County School Superintendent the Walton County Board of Education shall by ma jority vote elect a school superintendent of the school district who shall serve at the pleasure of the Board and the Walton County Board of Education shall fix the qualifications, duties, responsibilities, author ities and compensation of the Superintendent of the Walton County Schools, provided, however, that any person selected as County Super-
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JOURNAL OP THE SENATE,
intendent of Walton County Schools shall hold all qualifications which are now or may be hereafter prescribed by law for County School Super intendent except that any legal requirement as to local residence shall not be applicable.
The General Assembly shall have the power to pass such local legis lation as is necessary to implement this amendment to the Constitution provided this amendment is ratified by the qualified voters of Walton County.
SECTION 2.
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 branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section V, Paragraph I of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amend ment shall be submitted for ratification or rejection to the electors of this State.
The ballot submitting the above proposed amendment shall have written or printed thereon the following: "For ratification of amend ment to Article VIII, Section V, Paragraph I of the Constitution of Georgia providing that all of Walton County exclusive of the Inde pendent School System of Social Circle shall comprise one school district under the control of County Board of Education composed of not more than nine nor less than seven members." 'Against ratification of amend ment to Article VIII, Section V, Paragraph I of the Constitution of Georgia providing that all of Walton County exclusive of the Independ ent School System of Social Circle shall comprise one school district under the control of County Board of Education composed of not more than nine nor less than seven members."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If a majority of the duly qualified registered voters residing in the existing county school system and voting in said election approve this amendment by a majority vote of those voting therein and if a majority of the duly qualified registered voters residing in the present Monroe City School System and voting in said election approve this amendment by a majority vote of those voting therein, 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 for members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and 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:
WEDNESDAY, FEBRUARY 15, 1956
757
Those voting in the affirmative were Senators:
Ayers Chance Clary Coffin Davis Dean Dews Florence Garrett Harper Harrison Hollis Housley Jones, 38th Jones, 18th
Kelly Lambert Lovett Mann Matthews McBride McDonald Millican Morrison Neel Page Paulk Raulerson Reynolds Richardson
Ricketson Roop Seagraves Shurling Steis Strickland Toms Turner Warnell Waters Wetherington Wilkins Wood Zellner
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 44, nays 0.
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
HR 118. By Messrs. Sanders, Holley and Chambers of Richmond:
A RESOLUTION
To propose to the qualified voters of the County of Richmond and the City of Augusta an amendment to the Constitution of the State of Georgia authorizing the General Assembly to consolidate and combine the Richmond County and City Council of Augusta tax assessors for both real and personal property and all the governmental functions now vested in and exercised by the said boards in the City Council of Augusta and Richmond County; to create, designate and give a name to the City-County Board of Tax Assessors for the municipality of Augusta and the entire area of Richmond County; to vest in and confer upon such board of City-County Tax Assessors such authority that may be conferred upon tax assessors of municipalities, counties or both under existing laws; to abolish any and all offices now existing under any and all acts and under the City Charter of City Council of Augusta pertaining to the board of tax assessors for both real and personal prop erty for the City Council of Augusta, and any and all offices now ex isting under any and all acts relating to the Richmond County Board of Tax Assessors; to create a City-County Board of Tax Assessors and new offices for the purpose of exercising and carrying out the powers to be vested in such board and the powers and duties formerly apper taining to such offices in the City Council of Augusta and Richmond County so abolished; to provide a mode and method for the appointment of the members of the City-County Board of Tax Assessors; to delegate to the governing authorities of the municipality of City Council of Augusta and the County of Richmond full power and authority to abolish the presently constituted board of tax assessors of the City Coun cil of Augusta and the County of Richmond, and to create in lieu there-
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JOURNAL OF THE SENATE,
of new offices and a City-County Board of Tax Assessors to be vested with all of the duties and powers of the offices and boards of tax assess ors thus abolished; to provide for the employment of assistants to such board; to provide for the payment of compensation to the members of the City-County Board of Tax Assessors; to provide that the General Assembly in exercising the powers herein conferred may include in the act or law, or any amendment thereto, anyone or more of the powers of the provisions herein enumerated, and may exclude therefrom any one or more of the powers herein enumerated, and in exercising the powers herein conferred, it shall not be necessary that the enactment or enactments of the General Assembly pursuant hereto carry with it a referendum to the qualified voters of the City Council of Augusta and the County of Richmond; to provide for the submission of the proposed amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1.
Article XI, Section I, Paragraph VI of the Constitution of the State of Georgia be amended by adding thereto a paragraph to read:
The General Assembly shall have the power to consolidate and combine the county and city board of tax assessors for both real and personal property of the City Council of Augusta and County of Richmond, and all the governmental functions and powers now vested in and exercised by said board of tax assessors in the City Council of Augusta and County of Richmond; to create, designate and give a name to a City-County Board of Tax Assessors for the municipality of the City Council of Augusta and the entire area of Richmond County; to vest and confer upon such City-County Board of Tax Assessors such authority as may be conferred upon tax asses sors, of municipalities, counties, or both, under existing laws; to abolish any and all offices now existing under any and all acts under the City Charter of City Council of Augusta pertaining to the board of tax assessors for both real and personal property for the City Council of Augusta, and any and all offices now existing under any and all acts relating to the Richmond County Board of Tax Assess ors; to create a City-County Board of Tax Assessors and offices for the purpose of exercising and carrying out the powers to be vested in such board and the powers and duties formerly apper taining to such boards and offices; to provide a mode and method for the appointment of the members of the City-County Board of Tax Assessors; to delegate to the governing authority of the mu nicipality of City Council of Augusta and the County of Richmond full power and authority to abolish the presently constituted board of tax assessors of the City Council of Augusta and County of Rich mond, and to create in lieu thereof new offices and a City-County Board of Tax Assessors to be vested with all of the duties and powers of the offices and boards of tax assessors thus abolished; to provide for the employment of assistants to such board; to pro vide for the payment of compensation to the City-County Board of Tax Assessors; to provide that the General Assembly in exercising the powers herein conferred may include in the act or law, or any amendment thereto, any one or more of the powers or provisions herein enumerated and may exclude therefrom any one or more of
WEDNESDAY, FEBRUARY 15, 1956
759
the powers herein enumerated and in exercising the powers herein conferred, it shall not be necessary that the enactment or enact ments of the General Assembly pursuant hereto carry with it a referendum to the qualified voters of the County of Richmond and the City Council of Augusta; and for other purposes.
SECTION 2.
Be it further enacted by the authorities aforesaid that when this amendment shall be agreed to by a two-thirds vote of the members elected to each of the two houses, it shall be entered on their journals with the "Ayes" and "Nays" taken thereon, and shall be published in one or more newspapers in the County of Richmond for two months previous to the time of the holding the next general election, and shall be submitted to the people of Richmond County and the City Council of Augusta in 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 ballot:
"For ratification of the amendment to the Constitution to pro vide for the consolidation of the Board of Tax Assessors for both real and personal property for the City Council of Augusta and County of Richmond",
and all persons voting in said election against adopting the proposed amendment to the Constitution shall have written or printed on their ballot:
"Against the ratification of the amendment to the Constitution to provide for the consolidation of the Board of Tax Assessors for both real and personal property for the City Council of Augusta and County of Richmond", and if a majority of the electors of the City Council of Augusta and Richmond County qualified to vote for the members of the General Assembly, voting thereon, shall vote for election thereof, when the returns thereof shall be computed as now required by law in elections for members of the General As sembly and returns thereof made to the Governor, then he shall declare said amendment adopted and make publication of the re sults of said election by one insertion in one of the daily newspapers of this State, declaring the amendment ratified.
SECTION 3.
Be it further enacted by the authorities aforesaid that all laws and parts of laws in conflict with the act, be and the same is 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:
Ayers Chance Clary
Coffin Davis Dean
Dews Florence Garrett
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JOURNAL OF THE SENATE,
Harper Harrison Hollis Housley Jones, 38th Jones, 18th Kelly Lambert Lovett Mann Matthews McBride
McDonald Millican Morrison Neel Page Paulk Raulerson Reynolds Richardson Ricketson Roop Seagraves
Shurling Steis Strickland Toms Turner Warnell Waters Wetherington Wilkins Wood Zellner
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 44, nays 0.
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
HR 129. By Mr. McCracken of Jefferson:
A RESOLUTION
Proposing an amendment to Article VII, Section V, Paragraph I, of the Constitution, so as to authorize the City of Louisville, in Jefferson County, to levy a tax not to exceed one mill for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of any industries in the City of Louisville, and authorizing the govern ing authority of such city to select a board of citizens from the city to render advice respecting the use of such fund; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1.
Article VII, Section V, Paragraph I, of the Constitution of Georgia of 1945, as amended, is hereby amended by adding at the end thereof the following:
"The City of Louisville, in Jefferson County, is authorized to levy a tax not to exceed one mill, in addition to all other taxes, on all the taxable property in the city, for the purpose of creating a fund to be used exclusively in assisting, promoting and encouraging the location of new industries in the City of Louisville. The governing authority of said city is hereby authorized to select a board of citi zens of the city to render advice relative to the use of such fund for the purposes stated."
SECTION 2.
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 branches of the General Assembly, and the same has been entered on
WEDNESDAY, FEBRUARY 15, 1956
761
their journals with the "Ayes" and "Nays" taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended. Such proposed amend ment shall be submitted as provided in said paragraph. The ballot sub mitting the above proposed amendment shall have written or printed thereon the following: "For ratification of amendment to Article VII, Section V, Paragraph I, of the Constitution, so as to authorize the City of Louisville to levy a tax not to exceed one mill for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of new industries in said city." "Against ratification of amend ment to Article VII, Section V, Paragraph I, of the Constitution, so as to authorize the City of Louisville to levy a tax not to exceed one mill for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of new industries in said city."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and 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:
Ayers Chance Clary Coffin Davis
Dean Dews Florence Garrett
Harper Harrison Hollis Housley
Jones, 38th Jones, 18th
Kelly Lambert Lovett Mann Matthews
McBride McDonald Millican Morrison
Neel Page Paulk Raulerson
Reynolds Richardson
Ricketson Roop Seagraves Shurling Steis
Strickland Toms Turner Warnell
Waters Wetherington Wilkins Wood
Zellner
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 44, nays 0.
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JOURNAL OF THE SENATE,
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
HR 138. By Mr. Singer of Stewart:
A RESOLUTION
PROPOSING an amendment to the Constitution so as to provide for the election of members of the Board of Education of Stewart County by the people; to prescribe the procedure connected with the foregoing; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1.
Article VIII, Section V, Paragraph I of the Constitution, relating to county boards of education, is hereby amended by adding at the end thereof the following:
"The Board of Education of Stewart County shall be composed of five members to be elected as hereinafter provided:
"The qualified voters of the Richland and Brooklyn voting precincts shall elect one member of said Board; the qualified voters of the Trotman and the County Line voting precincts shall elect one member of said Board; the qualified voters of the Midway, Florence and Omaha voting precincts shall elect one member of said .Board; the qualified voters of the Union, Louvale and Green Hill voting precincts shall elect one member of said Board; and, thef qualified voters of the Lumpkin voting precinct shall elect one mem ber of said Board.,
"In order to be eligible for membership on the Board, a person must be at least twenty-five years of age, must be a freeholder, must be qualified and registered to vote for members of the General As sembly, and must have lived in Stewart County for two years im mediately preceding the time of the election, and must be at the time of the election a resident of the area from which he is elected.
"In the event this amendment is ratified, it shall be the duty of the Ordinary of Stewart County to issue the call for an election and he shall set the date for such election for a day between the 15th and 20th days of December, 1956. Such election shall be for the purpose of electing the members of the Board of Education of Stew art County created under this amendment, and it shall be the duty of the Ordinary to publish the date of the election, the purposes thereof, and a brief description of the voting procedure by districts at least once preceding the date thereof in the official organ of Stewart County. All the members elected at such election shall take office January 1, 1957, and such members and all future members shall serve for a term of four years and until their successors are elected and qualified. All future elections shall be held on the second Tuesday in November, and the persons elected will take office the following January 1. In case of a vacancy on said Board for any cause other than expiration of a term of office; the remaining mem-
WEDNESDAY, FEBRUARY 15, 1956
763
bers of the Board shall elect a person to serve for the unexpired term, from the district vacated.
"The Board of Education of Stewart County in office at the time of the ratification of this amendment shall be abolished effec tive December 31, 1956, and the terms of all members of such Board shall expire on such date.
"The County Board of Education as provided herein shall be subject to all constitutional provisions and all statutory provisions relative to county boards of education, unless in conflict with the provisions of this amendment.
SECTION 2.
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 branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. Such proposed amend ment shall be submitted as provided in said paragraph.
The ballot submitting the above proposed amendment shall have written or printed thereon the following: "For ratification of amend ment to the Constitution so as ;to provide for. the election of the members of the Board of Education of Stewart County by the people." "Against ratification of amendment to the Constitution so as to provide for the election of the members of the Board of Education of Stewart County by the people."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall, if such amendment be ratified make proclamation thereto.
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:
Ayers Chance Clary Coffin
Davis Dean Dews Florence
Garrett Harper Harrison Hollis
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JOURNAL OF THE SENATE,
Housley Jones, 38th Jones, 18th Kelly Lambert Lovett Mann Matthews McBride McDonald
Millican
Morrison Neel Page Paulk Raulerson Reynolds Richardson Ricketson Roop Seagraves
Shurling
Steis Strickland Toms Turner Warnell Waters Wetherington Wilkins Wood Zellner
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 44, nays 0.
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
HR 140. By Messrs. Kilgore and Kelley of Gwinnett:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Gwinnett County by districts; to provide that the Superintendent of Schools shall be ap pointed by the Board of Education; to prescribe the procedure connected therewith; to provide for the submission of this amendment for ratifi cation or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1.
Article VIII, Section V, Paragraph I of the Constitution, relating to County Boards of Education, is hereby amended by adding to the end thereof the following:
"The Board of Education of Gwinnett County shall be com posed of five members to be elected as hereinafter provided. For the purpose of electing such members, Gwinnett County is hereby divided into five education districts.
"Education District No. 1 shall be composed of Harbins, Dacula, Rocky Creek and Duncans Militia Districts.
"Education District No. 2 shall be composed of Pucketts, Suwanee, and Sugar Hill Militia Districts.
"Education District No. 3 shall be composed of Duluth, Pinkneyville and Berkshire Militia Districts.
"Education District No. 4 shall be composed of Garners, Rock Bridge, Gates and Bay Creek Militia Districts.
"Education District No. 5 shall be composed of Lawrenceville, Martins, Goodwins and Hog Mountain Militia Districts.
WEDNESDAY, FEBRUARY 15, 1956
765
"Each member of the Board shall be elected by the voters of the Education District which such member is to represent. Any person offering as a candidate to represent an Education District on the Board must reside in the district from which he offers. No person who resides in any part of Gwinnett County embraced within the territory of an independent school system shall be eligible for election as a member of the board, nor may any such person be eligible to vote in any election to elect members of the board. No person shall be eligible for membership on the board unless he has resided in the Militia District from which he offers as a candidate for at least one year immediately preceding the date of the election. In the event this amendment is ratified, it shall be the duty of the Governing Authority of Gwinnett County to publish in the official organ of the county for two weeks immediately preceding the gen eral election in the year 1958, a notice that members of the County Board of Education will be elected as provided for in this Act. The members elected at such election shall take office on January 1, 1959 and they shall serve for a term of two years and until their successors are elected and qualified. All elections thereafter for members of the County Board of Education shall be held on the same day as the county officers of Gwinnett County are elected every four years, and the members elected shall take office on January 1, immediately following their election. In case of a va cancy on the Board for any cause other than expiration of term of office, the remaining members of the Board shall elect a person who shall serve for the unexpired term.
"The Board of Education of Gwinnett County in effect at the time of ratification of this amendment shall be abolished January 1, 1959, and the terms of office of all members of such Board shall expire on such date. The County Board of Education as provided for herein shall be subject to all of the constitutional provisions and all the statutory provisions relative to County Boards of Edu cation unless such provisions are in conflict with provisions of this amendment."
SECTION 2.
The Board of Education of Gwinnett County shall name and appoint a County Superintendent of Schools on January 1, 1961, and annually thereafter. A majority of the members of said board shall be required to name and appoint the said Superintendent of Schools.
SECTION 3.
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 branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. Such proposed amendment shall be submitted as provided in said Paragraph.
"For ratification of amendment to Constitution so as to provide for the election of members of the Gwinnett County Board of Edu cation by Districts, and appointment of Superintendent of Schools by said Board of Education.
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JOURNAL OP THE SENATE,
"Against ratification of amendment to Constitution so as to provide for the election of members of the Gwinnett County Board of Education by Districts, and appointment of Superintendent of Schools by said Board of Education."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it 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 for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
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:
Ayers
Chance
Clary
,.
Coffin
Davis
Dean
Dews
Florence
Garrett
Harper
Harrison
Hollis
Housley
Jones, 38th
Jones, 18th
Kelly Lambert Lovett Mann Matthews McBride McDonald Millican Morrison Neel Page Paulk Raulerson Reynolds Richardson
Ricketson Roop Seagraves Shurling Steis Strickland Toms Turner Warnell Waters Wetherington Wilkins Wood Zellner
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 44, nays 0.
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
HR 143. By Messrs. Gunter and Williams of Hall:
A RESOLUTION
To propose to the qualified voters of Hall County (under the pro visions of Article XIII, Section I, Paragraph I, as amended) an amend ment to Article VII, Section IV, Paragraph II, of the Constitution of
WEDNESDAY, FEBRUARY 15, 1956
767
the State of Georgia to provide that the General Assembly may grant to the governing authority of Hall County, Georgia, the right to con struct, grade, pave, repave and repair roads and streets, curbs, gutters and sidewalks within any unincorporated areas of said County where the owners of property having at least 51% of the frontage abutting such proposed improvements shall consent thereto; to assess the costs of such improvements pro rata against the abutting property owners, and to provide for the issuance and enforcement of executions for the collection of such assessments, and for the creation of liens against the abutting property; and for other purposes.
SECTION 1.
Be it resolved 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 Hall County, Georgia, in addition to powers already granted, the power to construct, grade, pave, repave and repair roads and streets, curbs, gutters and sidewalks within any unincorporated areas of said county where the owners of property having at least 51% of the frontage abutting such proposed improvements shall consent thereto; to assess the costs of such improvements pro rata against the abutting property owners, and to issue and enforce executions for the collection of such assessments, thereby creating liens against the abutting property."
SECTION 2.
Be it further resolved that when the above proposed amendment to the Constitution shall have been agreed to by the requisite two thirds of the members of each house, with the "ayes" and "nays" entered there on, it shall be published and submitted to the qualified voters of Hall County for ratification or rejection at the next general election, at which constitution 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 As sembly to empower the governing authority of Hall County, Georgia, to improve streets and to make other public improvements in any unincorporated areas of said county and to assess the costs thereof against abutting property owners."
and a.ll 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 As sembly to empower the governing authority of Hall County, Georgia, to improve streets and to make other public improvements in any unincorporated areas of said county and to assess the costs thereof against abutting property owners."
If adopted by the vote required under the Constitution, the amend ment shall become a part of Article VII, Section IV, Paragraph II, of
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JOURNAL OF THE SENATE,
the Constitution of the State of Georgia, and the Governor shall make a proclamation thereof, as provided by law.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution, proposing an amendment to the constitution, a roll call was ordered and the vote was as follows:
Those voting in the affirmative were Senators:
Ayers Chance Clary Coffin Davis Dean Dews Florence Garrett Harper Harrison Hollis Housley Jones, 38th Jones, 18th
Kelly Lambert Lovett Mann Matthews McBride McDonald Millican Morrison Neel Page Paulk Raulerson Reynolds Richardson
Ricketson Roop Seagraves Shurling Steis Strickland Toms Turner Warnell Waters Wetherington Wilkins Wood Zellner
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 44, nays 0.
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
HR 147. By Mr. Singer of Stewart:
A RESOLUTION
Proposing to the qualified voters an amendment to Article VIII of the Constitution, relating to education, as amended by a resolution, found in Georgia Laws 1953, Nov.-Dec. Sess., pp. 224, et seq., so as to provide for the existence of schools in certain towns in Stewart County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1.
Article VIII of the Constitution, relating to education, as amended by a resolution found in Georgia Laws 1953, Nov.-Dec. Sess., pp. 224, et. seq., is further amended by adding at the end of the paragraph added by the aforesaid resolution of 1953, the following:
"Provided, however, that the Board of Education of Stewart County shall maintain schools for both colored and white pupils in
WEDNESDAY, FEBRUARY 15, 1956
769
the Towns of Omaha, Lumpkin, and Riehland, located in Stewart County, Georgia, with facilities and school grades at least equal to the present existing schools in said towns."
SECTION 2.
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 branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended, for two months pre vious to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors as provided for in said paragraph of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following: "For ratification of amend ment to Constitution, so as to provide the procedure for the consolidation of schools in Stewart County." "Against ratification of amendment to Constitution so as to provide the procedure for the consolidation of schools in Stewart County."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per sons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If the people shall ratify such amendment by a majority of the electors qualified to vote 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 for members of the General Assembly and it shall be the duty of the Secretary of State to ascertain 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:
Ayers Chance Clary Coffin Davis Dean Dews Florence Garrett Harper Harrison
Hollis Housley Jones, 38th Jones, 18th Kelly Lambert Lovett Mann Matthews McBride McDonald
Millican Morrison Neel Page Paulk Raulerson Reynolds Richardson Ricketson Roop Seagraves
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JOURNAL OF THE SENATE,
Shurling Steis Strickland Toms
Turner Warnell Waters Wetherington
Wilkins Wood Zellner
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 44, nays 0.
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
HE 148. By Messrs. Gunter and Williams of Hall:
A RESOLUTION
Proposing an amendment to Article VII, Section IV, Paragraph II of the Constitution of Georgia so as to provide for the establishment of fire prevention districts in Hall County outside municipalities; to pro vide for the levy of a tax to defray the cost of fire protection for the fire districts; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1.
Article VII, Section IV, Paragraph II of the Constitution of Geor gia, relating to the districting of counties, is hereby amended by adding at the end thereof the .following:
"The General Assembly of Georgia may grant to the governing authority of Hall County the authority to district areas outside of municipalities in said county for fire protection purposes and the authority to levy a tax upon the taxable property in each respective district to defray all costs of fire protection in each respective district." .
SECTION 2.
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 branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published * as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended. Such proposed amendment shall be submitted as provided in said paragraph.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to grant authority to Com missioners of Roads and Revenues of Hall County to district areas outside municipal corporations for fire protection purposes and to levy a tax to defray the cost of fire protection."
' "Against ratification of amendment to grant authority to the Commissioners of Roads and Revenues of Hall County to district
WEDNESDAY, FEBRUARY 15, 1956
771
areas outside municipal corporations for fire protection purposes and to levy a tax to defray the cost of fire protection."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and 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:
Ayers Chance Clary Coffin Davis Dean Dews Florence Garrett Harper Harrison Hollis Housley Jones, 38th Jones, 18th
Kelly Lambert Lovett Mann Matthews McBride McDonald Millican Morrison Neel Page Paulk Raulerson Reynolds Richardson
Ricketson Roop Seagraves Shurling Steis Strickland Toms Turner Warnell Waters Wetherington Wilkins Wood Zellner
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 44, nays 0.
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
HR 149. By Messrs. Gunter and Williams of Hall:
A RESOLUTION
Proposing to the qualified voters an amendment to Article VIII, Section VI, Paragraph I of the Constitution of the State of Georgia which will provide for the selection and appointment of a Superintendent of the Hall County System by the Hall County Board of Education;
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JOURNAL OF THE SENATE,
provide for the fixing of qualifications of such superintendent; provide that the Hall County School Superintendent elected in the 1956 General Election shall serve for the term beginning January 1, 1957, and ending June 30, 1957; provide for the submission of this proposed amendment to the qualified voters for adoption or rejection in the General Election in 1956; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA AS FOLLOWS:
SECTION 1.
Article VIII, Section VI, Paragraph I of the Constitution of Georgia is hereby amended by adding at the end thereof new paragraphs which shall read as follows:
The County School Superintendent of Hall County, Georgia, elected in the 1956 General Election shall serve for the term beginning January 1, 1957, and ending June 30, 1957.
Effective July 1, 1957, and thereafter the Hall County Board of Education shall fix the qualifications of the Superintendent of the Hall County School System, select such superintendent, and appoint such superintendent for such term as it deems advisable by written resolu tion which shall be placed in the minutes of the Hall County Board of Education.
SECTION 2.
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 same shall be advertised and submitted for adoption or rejection in the 1956 General Election as provided for in Article XIII, Section I, Paragraph I of the Constitution of Georgia as amended.
The ballot submitting said proposed amendment shall have printed thereon the following:
"For ratification of amendment to Article VIII, Section VI, Paragraph I of the Constitution of Georgia providing for changing the term; qualifications, and method of selection of the Hall County Superintendent of Schools."
"Against ratification of amendment to Article VIII, Section VI, Paragraph I of the Constitution of Georgia providing for changing the term, qualifications, and method of selection of the Hall County Superintendent of Schools."
All voters desiring to vote for adoption of said proposed amend ment shall vote for ratification of the amendment, and all voters de siring to vote against adoption of said proposed amendment shall vote against ratification of the amendment.
If said proposed amendment shall be ratified as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia as amended, then it shall become a part of the Constitution of the State of Georgia.
It shall be the duty of the Secretary of State of Georgia to ascertain
WEDNESDAY, FEBRUARY 15, 1956
773
whether said proposed amendment was ratified or rejected, and if the same be ratified, he shall certify such fact to the Governor who shall 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:
Ayers Chance Clary Coffin Davis Dean Dews Florence Garrett Harper Harrison Hollis Housley Jones, 38th Jones, 18th
Kelly Lambert Lovett Mann Matthews McBride McDonald Millican Morrison Neel Page Paulk Raulerson Reynolds Richardson
Ricketson Roop Seagraves Shurling Steis Strickland Toms Turner Warnell Waters Wetherington Wilkins Wood Zellner
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 44, nays 0.
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
HR 170. By Messrs. Nightingale and Killian of Glynn:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the establishment of a sewage system in the City of Brunswick and Glynn County; to prescribe the procedure connected therewith; to authorize Glynn County to contract with the City of Brunswick with respect to a sewage system, including a sewage disposal plant; to pro vide for the financing of such sewage system and sewage disposal plant; to provide that the provisions of said amendment shall apply to both sanitary and storm sewers; to provide for assessment of cost of such sewers; to authorize the condemnation of property or the acquisition of rights of way by contract or purchase or by other means as now provided by law; in connection with said sewage system and sewage disposal plant; to repeal conflicting laws and constitutional provisions; to provide for submission of the amendment for ratification or rejec tion and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
774
JOURNAL OF THE SENATE,
SECTION 1.
Article VII, Section VII, Paragraph I of the Constitution, is hereby amended by adding at the end thereof the following:
The governing body of Glynn County is hereby authorized to establish, construct, maintain, operate and administer a system of sewerage, including sanitary and storm sewers and a sewage dis posal plant in said County. In order to accomplish the foregoing, the governing authority is hereby authorized to acquire rights-ofway for such sewers by contract of purchase or by the power of eminent domain, and to create indebtedness, and to issue revenue anticipation certificates and/or general obligation bonds but the amount of such bonds outstanding at any one time shall not exceed $1,500,000, in addition to the seven percent (7%) limitation now imposed by the Constitution. The governing body of said County is hereby given full authority to determine the aggregate amount of bonds to be issued from time to time, the maturity dates not to exceed 30 years from date of issue, the date of issuance and other details incident to the issuance and sale of said bonds. Such bonds may be issued after submitting the question of such issu ance to the voters of the County and the approval of such issuance by a majority of the qualified voters of said County voting on such question. In the event such bonds are issued, the governing body shall provide for the assessment and collection of an annual tax on all the property in said County subject to taxation for bond purposes sufficient to pay the principal of and interest on said bonds as the same mature. The aforesaid governing body is further authorized to levy a tax, fee or charge as necessary to assure the acquisition, construction, equipping, and, thereafter, operating, maintaining and extending such system, and, in their discretion, to levy a sewer charge for the use of sewers constructed hereunder for such purposes, and to contract with the governing authority of the City of Brunswick relative to the establishment, construc tion, maintenance, financing, administration, operation and use of such sewerage system and sewage disposal, including the aforesaid sewage disposal plant, and such contract may include provisions relative to the joining of the aforesaid system to any system now or hereafter created in or by the City of Brunswick.
SECTION 2.
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 branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor is hereby authorized and instructed to cause such pro posed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. Such proposed amendment shall be submitted as provided in said Paragraph.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide for the establishment and financing of a sewerage system
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775
in Glynn County and to prescribe the procedure connected there with."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per sons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such an amendment shall be ratified as provided in said Para graph of the Constitution, it 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 for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor who shall issue his proclamation thereon.
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:
Ayers Chance Clary Coffin Davis Dean Dews Florence Garrett Harper Harrison Hollis Housley Jones, 38th Jones, 18th
Kelly Lambert Lovett Mann Matthews McBride McDonald Millican Morrison Neel Page Paulk Raulerson Reynolds Richardson
Ricketson Roop Seagraves Shurling Steis Strickland Toms Turner Warnell Waters Wetherington Wilkins Wood Zellner
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 44, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 171. By Messrs. Nightingale and Killian of Glynn:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the establishment, acquiring, constructing, improving and operating municipal port and terminal facilities in the City of Brunswick and Glynn County; to prescribe the procedure connected therewith; to
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JOURNAL OF THE SENATE,
authorize Glynn County to contract with the City of Brunswick with respect to municipal port and terminal facilities; to provide for the financing of such facilities; to authorize the condemnation of property or the acquisition of rights of way by contract or purchase or by other means as now provided by law, in connection with said municipal port and terminal facilities; to repeal conflicting laws and constitutional provisions; to provide for submission of the amendment for ratification or rejection and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article VII, Section VII, Paragraph I of the Constitution, is hereby amended by adding at the end thereof the following:
The governing body of Glynn County is hereby authorized to establish, acquire, construct, maintain, operate, improve, and ad minister municipal port and terminal facilities in said County. In order to accomplish the foregoing, the governing; authority is hereby authorized to acquire lands, rights-of-way, waterways, wharves, warehouses and all other equipment and appurtenances useful or convenient in connection therewith by contract or pur chase or by the power of eminent domain, and to create indebted ness, and to issue revenue anticipation certificates and/or general obligation bonds but the amount of such bonds outstanding at any one time shall not exceed $1,500,000, in addition to the (7%) limitation now imposed by the Constitution. The governing body of said County is hereby given full authority to determine the aggregate amount of bonds to be issued from time to time, the maturity dates not to exceed 30 years from date of issue, the date of issuance and other details incident to the issuance and sale of said bonds. Such bonds may be issued after submitting the question of such issuance to the voters of the County and the approval of such issuance by a majority of the qualified voters of said county voting on such questions. In the event such bonds are issued, the governing body shall provide for the assessment and collection of an annual tax on all the property in said County subject to tax ation for bond purposes sufficient to pay the principal of and in terest on said bonds as the same mature. The aforesaid governing body is further authorized to levy a tax, fee or charge as neces sary to assure the acquisition, construction, equipping, and, there after, operating, maintaining and extending municipal port and terminal facilities; to contract with the governing authority of the City of Brunswick relative to the establishment, construction, maintenance, financing, administration, operation and use of such municipal port and terminal facilities, and such contract may in clude provisions relative to the joint operation of the aforesaid municipal port and terminal facilities with any municipal port and terminal facilities now or hereafter created in or by the City of Brunswick.
SECTION 2.
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 branches of the General Assembly, and the same has been entered
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777
on their journals with the "Ayes" and "Nays" taken thereon, the Gov ernor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. Such proposed amendment shall be submitted as provided in said Paragraph.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide for the establishment and financing of municipal port and terminal facilities in Glynn County and to prescribe the procedure connected therewith."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per sons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it 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 for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor who shall issue his proclamation thereon.
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:
Ayers Chance Clary Coffin Davis Dean Dews Florence Garrett Harper Harrison Hollis Housley Jones, 38th Jones, 18th
Kelly Lambert Lovett Mann Matthews McBride McDonald Millican Morrison Neel Page Paulk Raulerson Reynolds Richardson
Ricketson Roop Seagraves Shurling Steis Strickland Toms Turner Warnell Waters Wetherington Wilkins Wood Zellner
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 44, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
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JOURNAL OP THE SENATE,
HR 172. By Messrs. Nightingale and Killian of Glynn:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the establishment of a sewage system in the City of Brunswick and Glynn County; to prescribe the procedure connected therewith; to authorize the City of Brunswick to contract with Glynn County with respect to a sewage system, including a sewage disposal plant; to provide for the financing of such sewage system and sewage disposal plant; to provide that the provisions of said amendment shall apply to both sanitary and storm sewers; to provide for assessment of cost of such sewers; to repeal conflicting laws and constitutional provisions; to provide for submission of the amendment for ratification or rejec tion and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article VII, Section VII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"The governing body of the City of Brunswick is hereby authorized to create indebtedness, and to issue revenue anticipa tion certificates and/or direct obligation bonds for the construction, maintenance and operation of sanitary and storm sewers and of a sewerage disposal plant, but the amount of such bonds outstanding at any one time shall not exceed $1,500,000.00 in addition to the limitation now imposed upon said municipality. The governing body of said municipality is hereby given full authority to deter mine the aggregate amount of bonds to be issued from time to time, maturity dates, not to exceed 30 years from date of issue, the interest rates, the date of issuances and other details incident to the issuance and sale of said bonds. Such bonds may be issued after submitting the question of such issuance to the voters of the municipality and upon the approval of such issuance by a majority vote of those actually voting on such question. In the event such bonds are issued, the governing body shall provide for the assessment and collection of an annual tax on all the property in said city subject to taxation for bond purposes, sufficient to pay the prin cipal of and interest on said bonds as the same mature. The afore said governing body is hereby authorized to levy a tax fee or charge, in addition to taxes now authorized to said municipality, as necessary to assure the acquisition, construction, equipping and, thereafter, the operation, maintenance, and extension of such sewage disposal plant and sewage system, and, in its discretion, to levy a sewer charge for the use of sewers, and to contract with the governing body of the County of Glynn relative to the estab lishment, construction, maintenance, operation, financing, adminis tration and use of such sewerage system and sewage disposal, in cluding the aforesaid sewage disposal plant, and such contract may include provisions relating to the joining of the aforesaid system to any system now or hereafter created in or by the County of Glynn."
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779
SECTION 2.
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 branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Gov ernor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. Such proposed amendment shall be submitted as provided in said Paragraph.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide for the establishment and financing of a sewerage system in the City of Brunswick and to prescribe the procedure connected therewith."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per sons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it 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 for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result t6 the Governor who shall issue his proclamation thereon.
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:
Ayers Chance Clary Coffin Davis Dean Dews Florence Garrett Harper Harrison Hollis Housley Jones, 38th Jones, 18th
Kelly Lambert Lovett Mann Matthews McBride McDonald Millican Morrison Neel Page Paulk Raulerson Reynolds Richardson
Ricketson Roop Seagraves Shurling Steis Strickland Toms Turner Warnell Waters Wetherington Wilkins Wood Zellner
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 44, nays 0.
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JOURNAL OF THE SENATE,
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
HR 186. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A RESOLUTION
Proposing to the qualified voters of the State of Georgia an amendment to Article VI, Section I of the Constitution of the State of Georgia of 1945.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA AS FOLLOWS:
SECTION 1.
Upon the approval of this resolution, in the manner hereinafter provided, Article VI, Section I of the Constitution of the State of Georgia of 1945 shall be amended by adding thereto a new paragraph, which shall read as follows:
PARAGRAPH II. The General Assembly may, in its discre tion, create a new court or system of courts in and for each city having a population of more than 300,000 according to the last or any future federal decennial census, conferring upon such new court or system of courts jurisdiction to issue warrants, try cases and impose sentences thereon in all misdemeanor cases arising under any law of the State regulating the ownership or operation of motor vehicles within its territorial jurisdiction, together with provisions as to rules, organization and procedure in such courts and as to new trials and the correction of errors in and by such courts, and with such further provision for the correction of errors by the Superior Court or the Court of Appeals or the Supreme Court, as the General Assembly may, from time to time, in its discretion, provide or authorize. Any court so established shall not be subject to the rules of uniformity in Paragraph I, Section IX of Article VI of the Constitution of 1945. The General Assembly is authorized to delegate to the governing authorities of any such municipality any and all powers necessary and appropriate for the establishment, operation and maintenance of such court.
The Act of the General Assembly approved February 15, 1955, to create a system of traffic courts in certain cities as fully set forth in Georgia Laws, 1955, pp. 2318-2325, is hereby ratified, vali dated and confirmed.
SECTION 2.
Be it further resolved that when this amendment shall have been agreed to by the requisite two:thirds of the members of each House of the General Assembly, 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 elec tion at which constitutional amendments may be voted on. All persons voting at said elections shall have written or printed on their ballots the words, "For ratification of amendment to Article VI, Section I of the Constitution of Georgia of 1945, authorizing the General Assembly to create traffic courts in and for certain cities", and the words "Against
WEDNESDAY, FEBRUARY 15, 1956
781
ratification of amendment to Article VI, Section I of the Constitution of Georgia of 1945, authorizing the General Assembly to create traffic courts in and for certain cities". Returns shall be made and results declared as required by law. If the said amendment be adopted as re quired by law by the qualified voters of Georgia, it shall become a part of Article VI, Section I, Paragraph II 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:
Ayers Chance Clary Coffin Davis Dean Dews Florence Garrett Harper Harrison Hollis
Housley Jones, 38th
Jones, 18th
Kelly Lambert Lovett Mann Matthews McBride McDonald Millican Morrison Neel Page Paulk
Raulerson Reynolds
Richardson
Ricketson Roop Seagraves Shurling Steis Strickland Toms Turner Warnell Waters Wetherington Wilkins
Wood Zellner
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 44, nays 0.
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
HR 175. By Messrs. Nightingale and Killian of Glynn:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the establishment, acquiring, constructing, improving and operating of municipal port and terminal facilities in the City of Brunswick and Glynn County; to prescribe the procedure connected therewith; to authorize the City of Brunswick to contract with Glynn County with respect to such facilities; to provide for the financing of such facilities; to repeal conflicting laws and constitutional provisions; to provide for submission of the amendment for ratification or rejection and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
782
JOURNAL OF THE SENATE,
SECTION 1.
Article VII, Section VII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"The governing body of the City of Brunswick is hereby author ized to create indebtedness, and to issue revenue anticipation certifi cates and/or direct obligation bonds for the establishment, acqui sition, construction, maintenance, improvement and operation of municipal port and terminal facilities, but the amount of such bonds outstanding at any one time shall not exceed $1,500,000 in addition to the limitation now imposed upon said municipality. The govern ing body of said municipality is hereby given full authority to de termine the aggregate amount of bonds to be issued from time to time, maturity dates, not to exceed 30 years from date of issue, the interest rates, the date of issuances and other details incident- to the issuance and sale of said bonds. Such bonds may be issued after submitting the question of such issuance to the voters of the municipality and upon the approval of such issuance by a majority vote of those actually voting on such question. In the event such bonds are issued, the governing body shall provide for the assess ment and collection of an annual tax on all the property in said city subject to taxation for bond purposes, sufficient to pay the principal of and interest on said bonds as the same mature. The aforesaid governing body is hereby authorized to levy a tax, fee or charge, in addition to taxes now authorized to said municipality, as neces sary to assure the establishment, acquisition, construction, equip ping and, thereafter the operation, maintenance, and extension of such municipal port and terminal facilities, and is further author ized to acquire lands, rights of way, waterways, wharves, ware houses, watercrafts, and other equipment and appurtenances useful or convenient in connection therewith, and, in its discretion, to levy charges for the use of such facilities, and to contract with the gov erning body of the County of Glynn relative to the establishment, construction, maintenance, operation, financing, administration and use of such municipal port and terminal facilities, and such con tract may include provisions relating to the joining of the aforesaid facilities to any such facilities now or hereafter created in or by the County of Glynn.
SECTION 2.
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 branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. Such proposed amend ment shall be submitted as provided in said Paragraph.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide for the establishment and financing of municipal port and terminal facilities in the City of Brunswick and to prescribe the procedure connected therewith."
WEDNESDAY, FEBRUARY 15, 1956
783
"Against ratification of amendment to the Constitution so as to provide for the establishment and financing of municipal port and terminal facilities in the City of Brunswick and to prescribe the procedure connected therewith."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per sons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor who shall issue his proclamation thereon.
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:
Ayers Chance Clary Coffin Davis Dean Dews Florence Garrett Harper Harrison Hollis Housley Jones, 38th Jones, 18th
Kelly Lambert Lovett Mann Matthews McBride McDonald Millican Morrison Neel Page Paulk Raulerson Reynolds Richardson
Ricketson Roop Seagraves Shurling Steis Strickland Toms Turner Warnell Waters Wetherington Wilkins Wood Zellner
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 44, nays 0.
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
HR 199. By Messrs. Jones and Hogan of Laurens:
A RESOLUTION
Proposing an amendment to the Constitution, so as to authorize the Town of Dudley, in Laurens County, to levy a tax not to exceed one mill for the purpose of creating a fund to be used in assisting, pro-
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moting and encouraging the location of any industries in the Town of Dudley, and authorizing the governing authority of such city to select a board of citizens from the town to render advice respecting the use of such fund; to provide for the submission of this amendment for rati fication or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1.
Article VII, Section V, Paragraph I, of the Constitution of Georgia of 1945, as amended, is hereby amended by adding at the end thereof the following:
"The Town of Dudley, in Laurens County, is authorized to levy a tax not to exceed one mill, in addition to all other taxes, on all the taxable property in the Town, for the purpose of creating a fund to be used exclusively in assisting, promoting and encouraging the location of new industries in the Town of Dudley. The govern ing authority of said town is hereby authorized to select a board of citizens of the town to render advice relative to the use of such fund for the purposes stated."
SECTION 2.
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 branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended. Such proposed amend ment shall be submitted as provided in said paragraph.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution, so as to authorize the Town of Dudley to levy a tax not to exceed one mill for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of new industries in said town.
"Against ratification of amendment to the Constitution, so as to authorize the Town of Dudley to levy a tax not to exceed one mill for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of new industries in said town."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and certify the
WEDNESDAY, FEBRUARY IB, 1956
785
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:
Ayers Chance Clary Coffin Davis Dean
Dews Florence Garrett Harper Harrison
Hollis . Housley Jones, 38th Jones, 18th
Kelly Lambert Lovett Mann Matthews McBride
McDonald Millican Morrison Neel Page
Paulk Raulerson Reynolds Richardson
Ricketson Roop Seagraves Shurling Steis Strickland
Toms Turner Warnell Waters Wetherington
Wilkins Wood Zellner Mr. President
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 44, nays 0.
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
HR 201. By Mr. Sheffield of Brooks:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Brooks County; to prescribe the procedure connected therewith; to provide for education districts; to provide for the submission of this amendment for ratifica tion or rejections; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Article VIII, Section V, Paragraph I of the Constitution, relating to the county boards of education is hereby amended by adding at the end thereof the following:
"The Board of Education of Brooks County shall be composed of five (5) members to be elected as hereinafter provided. For , the purpose of electing such members Brooks County is hereby divided into five (5) Education Districts. Education District No. 1
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shall be composed of Militia District No. 790 (Tallokas), Militia District #1230 (Dry Lake), and Militia District #1712 (Williams). Education District No. 2 shall be composed of Militia District #659 (Nankin), Militia District #1412 (Hickory Head), and Militia Dis trict #1718 (Empress). Education District No. 3 shall be composed of Militia District #1198 (Grooverville), and Militia District #1492 (Dixie). Education District No. 4 shall be composed of Militia Dis trict #1571 (Barney). Education District No. 5 shall be composed of Militia District #660 (Morven), and Militia District #1650 (Briggs).
"Each members of the Board shall be elected by the voters of Brooks County residing outside of any independent school system therein. Any person offering as a candidate to represent an Edu cation District on the Board must reside in the district from which he offers. No person shall be eligible for membership on the Board unless he has resided in the Education District from which he of fers as a candidate for at least one year immediately preceding the date of the election. If any member of the Board shall change his residence from the Education District that he represents he shall no longer represent that District and a successor shall be elect ed as provided herein. In case of a vacancy on the Board for any cause other than expiration of the term of office, an election shall be held to elect a member from the Education District in which such vacancy occurs to fill the unexpired term. Any such election shall be held within thirty (30) days after the vacancy occurs.
"In the event this amendment is ratified, it shall be the duty of the Ordinary of Brooks County to issue the call for an election, which call shall be issued at least sixty (60) days prior to the date of such election, and the Ordinary shall set the date of such election for the same day as members of the General Assembly from Brooks County are elected in the year 1958. Such election shall be for the purpose of electing the members of the Board of Education of Brooks County from Education Districts Nos. 4 and 5, created under this amendment. Such members elected shall take office January 1, 1959.
"The Ordinary of Brooks County shall also issue the call for an election, which call shall be issued at least sixty (60) days prior to the date of such election. The Ordinary shall set the date for such election for the same day that members of the General As sembly from Brooks County are elected in the year 1960. Such elec tion, shall be for the purpose of electing the members of the Board of Education of Brooks County from Education Districts Nos. 1, 2 and 3 created under this amendment. Such members shall take office January 1, 1961. It shall be the duty of the Ordinary to publish the date of the elections provided for herein, and the pur pose thereof at least once preceding the dates of such elections in the official organ of Brooks County.
"The members elected at such elections shall serve for a term of four (4) years and until their successors are elected and quali fied. All future elections shall be held on the same day as members of the General Assembly from Brooks County are elected, and the members elected shall take office on the first day of January im mediately following their election.
WEDNESDAY, FEBRUARY 15, 1956
787
"The appointive members of the Brooks County Board of Edu cation at the time of the ratification of this amendment that reside in Education Districts Nos. 4 and 5 created herein and whose terms expire in 1959 and 1960, respectively, or their successors in office, shall continue to serve until December 31, 1958. After the election provided for herein to be held in 1958, the grand jury shall appoint nd members of the Brooks County Board of Education for Education Districts Nos. 4 and 5.
"The appointive members of the Brooks County Board of Edu cation at the time of the ratification of this amendment, or their appointive successors that reside in Education Districts Nos. 1, 2, and 3, created herein, shall continue to serve until December 31, 1960. After the election provided for herein to be held in 1960, the grand jury shall appoint no members of the Brooks County Board of Education. It is the purpose of this paragraph to retain the appointive members of the Brooks County Board of Education, or their appointive successors in office, until the elections provided for herein are-held and the elective members from the Education Districts created herein are elected and qualified.
"The Board of Education as provided for herein shall be' sub ject to all constitutional provisions and all statutory provisions rela tive to county boards of education unless such provisions^ are in conflict with the provisions of this amendment.
"The members of the Brooks County Board of Education shall be compensated in the amount of fifteen ($15.00) dollars per month.
"In the event the independent school system now maintained in the County of Brooks is merged with the Brooks County school system, the General Assembly may change the Education Districts provided for herein and may change the board membership and the composition thereof."
SECTION 2.
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 branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor is hereby authorized and instructed to cause such.. proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. Such proposed amend ment shall be submitted as provided in said Paragraph.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to Constitution for the election of the members of the Brooks County Board of Education and to provide for Education Districts within Brooks County.
"Against ratification of amendment to :the Constitution for the election of the members of the Brooks County Board of Education and to provide for Education Districts within Brooks County."
All persons desiring to vote in favor of adopting the proposed
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amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
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:
Ayers
Chance Clary Coffin Davis Dean Dews Florence Garrett Harper Harrison Hollis Housley Jones, 38th Jones, 18th
Kelly
Lambert Lovett . Mann Matthews McBride McDonald Millican Morrison Neel Page Paulk Raulerson Reynolds Richardson
Ricketson
Roop Seagraves Shurling Steis Strickland Toms Turner Warnell Waters Wetherington Wilkins : Wood Zellner
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 44, nays 0.
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
HR 123. By Messrs. Young, Nilan and Pickard of Muscogee:
A resolution proposing an amendment to the constitution, to empower the board of commissioners of roads and revenues of Muscogee County for regulatory and revenue purposes, to assess and collect license fees and occupational taxes; and for other purposes.
The Committee on Judiciary offered the following amendment:
Amend HR 123 by striking in lines 18 and 19 of the quoted para graph in section 1, the words "or the failure to pay any license fees or tax assessed under the authority herein quoted."
The amendment was adopted.
WEDNESDAY, FEBRUARY 15, 1956
789
A RESOLUTION
Proposing to the qualified voters of Muscogee County, Georgia, an amendment to Article VII, Section IV, Paragraph I (Code 2-5701) of the Constitution of the State of Georgia, to empower the Board of Commissioners of Roads and Revenues of Muscogee County, for regula tory and revenue purposes, to assess and collect license fees and occu pational taxes against any person, firm or corporation who may engage in any type of business, including the operation of taxicabs, in Mus cogee County outside of municipalities, with the right and power to classify businesses and assess different license fees and occupational taxes against different classes of business, and with the further power to the board of commissioners to exercise police powers within unin corporated areas over, any businesses in the interest of the public welfare, health and security of the people of Muscogee County, and to adopt rules and regulations to effectuate the powers herein granted and to enforce the payment of the license fees and taxes, and to provide that a violation of the rules and regulations may be punishable as a misdemeanor, and further, to provide that no enabling legislation by the General Assembly shall be necessary for the exercise of the powers herein granted, but that the General Assembly may at any time modify, alter, restrict and limit the powers herein granted, and for other purposes.
Section 1. Be it resolved by the General Assembly of the State of Georgia that Article VII, Section IV, Paragraph I (Code 2-5701) of the Constitution of the State of Georgia be amended by adding thereto the following new paragraph, to wit:
"The Board of Commissioners of Roads and Revenues of Muscogee County, Georgia, shall have the right and power, for regulatory and revenue purposes to levy, assess, and collect license fees and occupational taxes from any persons, firms or corporations (except those subject to regulation by the State Public Service Commission) who may maintain a place of business or who may in any manner engage in any type of business, including the operation of taxicabs, in any area of Muscogee County outside the incorporated limits of municipalities; and in levying and assessing such license fees and occupational taxes, the board of commissioners shall have the right and power to classify businesses and to assess different license fees and taxes against different classes of business. To provide for the public welfare, health and security of the people of Muscogee County, the board of commissioners of roads and revenues shall have the right to regulate and exercise police powers over any businesses operated within the unincorporated areas of said county (except those subject to regulation by the State Publir Service Commis sion) and to prescribe such rules and regulations as may be necessary to effectuate the powers herein granted, including the right to enforce payment of the license fees and occupational taxes by the issuance and levy of executions, and to provide that a violation of any such regulations adopted by the board of commissioners 'of roads and revenues shall con stitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia. No further enabling legisla tion by the General Assembly of Georgia shall be necessary for the exercise of the powers herein granted, but the General Assembly of Georgia may at any time modify, alter, restrict and limit the powers herein granted, and may at any time prescribe the manner and means by which the powers may be exercised by said board of commissioners."
Section 2. When the above proposed amendment to the Constitu-
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tion shall have been agreed to by two-thirds of the members elected to each of the branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor shall cause such proposed amendment to be published as provided in Article 13, Section 1, Paragraph 1 of the Constitution of Georgia of 1945, as amended, for two months previous to the time of holding the next general election at which the above 'proposed amend ment shall be submitted to the electors of Muscogee County, Georgia, for ratification or rejection, as provided in said paragraph of the Consti tution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following: "For ratification of amend ment to Article VII, Section IV, Paragraph I of the Constitution author izing the Board of Commissioners of Roads and Revenues of Muscogee County to assess and collect license fees and occupational taxes upon businesses in Muscogee County outside the incorporated limits of munici palities and to regulate same." "Against ratification of amendment to Article VII, Section IV, Paragraph I of the Constitution authorizing the Board of Commissioners of Roads and Revenues of; Muscogee County to assess and collect license fees and occupational taxes upon businesses in Muscogee County outside the incorporated limits of municipalities and to regulate same."
All qualified electors desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all qualified electors desiring to vote against the adoption of the pro posed amendment shall vote against ratification.
If the people shall ratify such amendment by a majority of the quali fied electors voting thereon, such amendment shall become part of Article -" VII, Section IV, Paragraph I of the Constitution of this State. The returns of the election shall be made in like manner as returns.for elec tions for niembers of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall, if> such amendment be ratified, make proclama tion thereof.
The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.
The resolution, proposing an amendment to the Constitution, a roll call was ordered and the vote was as follows:
Those voting in the affirmative were Senators:
Ayers
Chance
Clary
Coffin
Davis
Dean
Dews
'
Florence
Garrett
Harper
Harrison Hollis Housley Jones, 38th Jones, 18th Kelly Lambert Lovett Mann Matthews
McBride McDonald Millican Morrison Neel Page Paulk Raulerson Reynolds Richardson
WEDNESDAY, FEBRUARY IB, 1956
791
Ricketson Roop Seagraves Shurling Steis
Strickland Toms Turner Warnell Waters
Wetherington Wilkins Wood Zellner
On the adoption of the resolution, the ayes were 44, nays 0.
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted as amended.
HR 166. By Mr. Strickland of Toombs:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Vidalia Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the submis sion of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1.
Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic in the City of Vidalia in Toombs County to be known as the Vidalia Development Authority, which shall be an instrumentality of the City of Vidalia and a public corporation and which in this amend ment is hereafter referred to as the 'Authority';
"B. The Authority shall consist of five members who shall serve for a term of five years and who shall be eligible for reappointment. The members shall be appointed by the Mayor and Council of the City of Vidalia. The first members shall be appoint ed for terms of one, two, three, four and five years, and thereafter their successors shall be appointed for terms of five years. Va cancies shall be filled for the unexpired term by the Mayor and Council. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. No member shall be Mayor nor a member of the Council of the City of Vidalia, but there shall be no other disqualification to hold public office by reason of membership in the Authority;
"C. The property, obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of the City of Vidalia;
"D. The powers of the Authority shall include but not be limited to, the power:
"(1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage land, buildings and property of all kinds within the City of Vidalia and also without the City of Vidalia, but not beyond the limits of Toombs County;
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"(2) To receive and administer gifts, grants and donations and to administer trusts;
"(3) To grant, loan and lease without adequate consideration or without any consideration and with and without security, any of its funds and property to private persons and corporations oper ating or proposing to operate any industrial plant or establishment within the City of Vidalia or at any place within Toombs County sufficiently close to the City of Vidalia to be of benefit to the people of the City in the judgment of the Authority. The provisions of this clause shall not be construed to limit any other power of the Authority;
"(4) To borrow money and to issue notes, bonds and revenue certificates therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;
"(5) To contract with the City of Vidalia and other political subdivisions and with private persons and corporations and to sue and be sued in its corporate name;
"(6) To have and exercise usual powers of private corpora tions except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;
"(7) To encourage and promote the expansion of industry, agriculture, trade, commerce and recreation in the City of Vidalia and in Toombs County, and to make long-range plans therefor:
"(8) To exercise such other powers and duties as may be dele gated to it by the Mayor and Council of the City of Vidalia;
"(9) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;
"(10) To designate officers to sign and act for the Authority generally or in any specific matter;
"(11) To do any and all acts and things necessary or con venient to accomplish the purpose and powers of the Authority as herein stated.
"E. The Authority shall not be authorized to create in any manner and debt, liability or obligation against the City of Vidalia, the State of Georgia, nor Toombs County;
"F. The Authority shall have the same immunity and ex emption from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority when in performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negli gence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligations of the Authority;
"G. The members of the Authority shall receive only such compensation for their services to the Authority as shall be author ized by the Mayor and Council of the City of Vidalia but such compensation shall be paid from funds of the Authority;
WEDNESDAY, FEBRUARY 15, 1956
793
"H. The City of Vidalia is authorized to levy an annual tax, not to exceed one mill, on all taxable property within the City for the support of the Authority and for its use and purposes, and all funds raised by such tax shall be paid and appropriated by the City of Vidalia to the Authority and when paid to the Authority, shall become a part of its funds and may be used by it for any of its general purposes and powers as herein stated or as may be here after provided by law, which tax shall be in addition to all other taxes authorized by law;
"I. The City of Vidalia is also authorized in addition to the tax provided in Paragraph H, to appropriate to the Authority such amount from its general funds each year as its governing authority shall see fit but not exceeding ten per cent of its total receipts from business licenses for the year, and any funds so appropriated when paid to the Authority shall become a part of its general funds and may be used by the Authority in accordance with its general powers and purposes as herein stated or as may be hereafter defined by law;
"J. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation;
"K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of the City of Vi dalia and its citizens, industry, agriculture, trade, commerce and recreation within the City of Vidalia and in Toombs County, and making of long-range plans for such development and expansion and to authorize the use of public funds of the City of Vidalia for such purposes, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the ac complishment of this purpose;
"L. This amendment shall be effective immediately upon proclamation of its ratification by the Governor and the first mem bers of the Authority shall be appointed within thirty days after such proclamation;
"M. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of the City of Vidalia with power to extend its operations outside of the City of Vidalia but not beyond the limits of Toombs County as herein provided, and the scope of its operations shall be limited to the territory em braced within Toombs County and the City of Vidalia. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of the City of Vidalia and Toombs County.
SECTION 2.
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 branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Gov-
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JOURNAL OF THE SENATE,
ernor is hereby authorized and instructed to cause such proposed amend ment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. Such proposed amendment shall be submitted as provided in said Paragraph.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to Constitution so as to create the Vidalia Development Authority and to provide for powers, authority, funds, purposes and procedure connected therewith."
"Against ratification of amendment to Constitution so as to create the Vidalia Development Authority and to provide for pow ers, authority, funds, purposes and procedure connected therewith."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The Committee on Judiciary offered the following amendment:
Amend HR 166 as follows:
1. By adding to Paragraph C, Section 1, the following:
"The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority. The right of any private person to use or occupy any real estate of the Authority for a period of one year or longer under any lease or other agreement for the purposes of taxation shall be classed as an interest in the real estate and as real property and shall be taxed as real property as now provided by law, or may be taxed as the General Assembly may hereafter provide by general or local law. The tax exemption herein provided also shall not include exemption from sale and use taxes on property purchased by the Authority or for use of the Authority.
2. By striking the word "General" wherever it appears in para graphs H and I of Section 1.
3. By inserting the following paragraph to follow after paragraph M in Section 1.
"N. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created by the Authority shall be a debt of the City of Vidalia, State of Georgia, nor Toombs County;
On the adoption of the amendment, the ayes were 40, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.
The resolution, proposing an amendment to the constitution, a roll call was ordered and the vote was as follows:
WEDNESDAY, FEBRUARY 15, 1956
795
Those voting in the affirmative were Senators:
Ayers Chance Clary Coffin Davis Dean
Kelly Lambert Lovett Mann Matthews McBride
Dews Florence
McDonald Millican
Garrett Harper Harrison Hollis
Morrison Neel Page Paulk
Housley Jones, 38th Jones, 18th
Raulerson Reynolds Richardson
Ricketson Roop Seagraves Shurling Steis Strickland Toms Turner Warnell Waters Wetherington Wilkins
Wood Zellner
The following general bills and resolutions were read the third time and put upon their passage:
HB 485. By Messrs. Moate of Hancock, Groover of Bibb, Key of Jasper, Brannen of Dooly and many others:
A bill to amend an act providing a uniform method of fixing, limiting and restricting the salary, allowances and travel expense of certain state officials; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 486. By Messrs. Moate of Hancock, Groover of Bibb, Key of Jasper, Brannen of Dooly and many others: A bill to amend an act relating to the salary of the Commissioner of Agriculture; and for other purposes.
The Committee on Agriculture and Natural Resources offered the following substitute:
A BILL
To be entitled an Act to amend Code Section 5-105, relating to the salary of the Commissioner of Agriculture and his clerk, as amended by an Act approved March 25, 1947 (Ga. Laws 1947, p. 673), so as to change the compensation of the Commissioner; to provide that the Com missioner shall fix the salary of his clerk; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 5-105, relating to the salary of the Com missioner of Agriculture and his clerk, as amended by an Act approved March 25, 1947 (Ga. Laws 1947, p. 673), is hereby amended by striking said section in its entirety and in lieu thereof inserting the following:
"5-105. The salary of the Commissioner shall be at the rate of $7,500.00 per annum during the remaining time in the term of office of the incumbent and $12,000.00 per annum thereafter with
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JOURNAL OP THE SENATE,
an additional amount in each period of $800.00 annually for each four years of service with a State department financed by appro priations payable through the State Treasury up to twenty years and an annual contingent expense allowance in the amount of $2,400.00 in lieu of any and all traveling expense and the expense of purchasing a personal automobile for official use, with the ex ception of actual transportation expense incurred while traveling by public carrier or the expense incurred at the legal mileage rate for the use of a personal automobile and an annual contingent fund allowance effective only for the period remaining in the present term of office of the incumbent in the amount of $4,500.00 in lieu of any other expense to be borne personally by the Commissioner of Agriculture in the performance of his duties. The Commissioner shall fix the compensation of his clerk."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the substitute, the ayes were 35, nays 0, and the sub stitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following resolutions were read and adopted:
HR 235. By Messrs. Lindsey and Bolton of Spalding:
A resolution commending Hon. John J. Flynt, Jr.; and for other purposes.
SR 49. By Senators Harrison of the 17th, and full Committee on Health and Welfare:
Creating a committee to study the advisability of transferring the con trol of the Milledgeville State Hospital; and for other purposes.
HB 186. By Mr. Groover of Bibb and others:
A bill to create the position of fiscal control officer within the state department of education; and for other purposes.
Senator Overby of the 33rd moved that HB 186 be indefinitely postponed.
On the motion, the ayes were 15, nays 18, 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 Hollis of the 24th 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
Dews
Brooks
Florence
Chance
Garrett
Davis
Harrison
Hollis Jones, 38th Lovett Matthews
WEDNESDAY, FEBRUARY 15, 1956
797
Millican Morrison Page
Raulerson Richardson Wetherington
Wilkins Zellner
Those voting in the negative were Senators:
Clary Coffin
Jones, 23th Kelly
Dean Dykes Harden Harper Housley Jones, 18th
Lambert Mann McBride McDonald Overby Parker
Ponsell Reynolds Seagraves Toms Turner Warnell
By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 20, nays 22.
The bill, having failed to receive the requisite constitutional majority, was lost.
The following resolution of the Senate was read and adopted:
SR 50. By Senators Hollis of the 24th, Davis of the 42nd, Brooks of the 50th, Dews of 9th, Lambert of 28th, McDonald of 43rd and Steis of 25th:
A resolution authorizing Senators Paulk, Dean, Harper and Morrison as Senatorial Attorneys at Law to practice without taking the exami nation required by law; and for other purposes.
Senator Shurling of the 21st asked unanimous consent that the following resolutions of the House be withdrawn from the Committee on Appropriations, read the second time and recommitted:
HR 128. By Mr. Eyler of Chatham:
A resolution to provide for payment to the Quante Plumbing and Heat ing Company for damage to said company's truck.
HR 29. By Mr. Alien of Bulloch and others: A resolution to compensate Dr. John Mooney.
HR 165. By Mr. Harrison of Wayne:
A resolution proposing the payment of surgical and hospital bills for C. B. Price, a towerman employed by the State Forestry Commission and injured while in the line of duty.
HR 125. By Mr. Murphy of Haralson:
A resolution to compensate Preston Morris for damages to his auto mobile caused by an employee of the State Highway Department oper ating a State owned vehicle.
HR 158. By Mr. Love of Catoosa:
A resolution to compensate T. W. Christian of Ringgold, Georgia for damages resulting from the death of cattle.
HR 157. By Mr. Lindsey of Spalding and others: A resolution to compensate Nolin Burl Randolph for damages.
HR 110. By Mr. Ivey of Newton: A resolution to compensate Walker Harris.
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JOURNAL OF THE SENATE,
HR 56. By Mr. Gunter of Hall and others: A resolution to compensate Ralph Cleveland.
HR 112. By Mr. Tanner of Coffee and others: A resolution compensating W. S. Mooneyham.
HR 103. By Mr. Hayes of Coffee and others: A resolution to compensate Daniel H. Walker expenses for repairing automobile damaged by the Highway Department truck.
HR 197. By Mr. Gunter of Hall and others: A resolution to compensate Mrs. Ann H. Meyer.
HR 150. By Mr. Matthews of Clarke: A resolution to compensate the B & B Beverage Company for damages to its truck when hit by a vehicle owned by the State Highway Depart ment.
HR 198. By Mr. Todd of Glascock: A resolution to provide for payment to Charlie B. Swint for damages to his Ford pickup truck.
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 590. By Mr. Kilgore of Gwinnett: A bill to amend an act creating the City Court of Buford; and for other purposes.
HB 610. By Mr. Groover of Bibb: A bill to amend an act repealing, enacting and re-enacting laws or parts of laws creating a pension system for the employees of the City of Macon by providing for the benefit, contributions, retirement aid; and for other purposes.
HB 614. By Messrs. McKenna, Carlisle and Groover of Bibb: A bill to amend an act to re-enact the Charter of the City of Macon; and for other purposes.
HB 615. By Mr. Harrison of Wayne: A bill to amend an act creating a new charter for the City of Jesup; and for other purposes.
HB 616. By Messrs. Lokey, M. Smith and H. Smith of Fulton: A bill to amend an act entitled "An Act to incorporate the City of Hapeville, so as to provide for the expense of paving streets and the placing of sewerage and water within the City of Hapeville; and for other purposes.
HB 617. By Messrs. McWhorter, Mackay and Rutland of DeKalb: A bill to amend an act creating the Civil Court of DeKalb County, by
WEDNESDAY, FEBRUARY 15, 1956
799
increasing the jurisdiction of such Court in civil cases; and for other purposes.
HB 618. By Messrs. Foster and Blalock of Clayton: A bill to amend an act incorporating the City of Lake City, in the county of Clayton; and for other purposes.
HB 619. By Mr. Coker of Cherokee: A bill to repeal an act entitled "An Act to place the Clerk of the Su perior Court, the Ordinary, the Tax Commissioner, and the Sheriff of Cherokee County on a salary basis in lieu of a fee basis; and for other purposes.
HB 621. By Mr. Souter of Macon: A bill to amend an act creating a Board of Commissioners of Roads and Revenue for the County of Macon; and for other purposes.
HB 625. By Mr. McGarity of Henry: A bill to amend an act to provide for the regulation of the installation of warm air heating equipment in certain counties; and for other purposes.
HB 607. By Mr. Groover of Bibb: A bill to create a Public Safety Council, and for other purposes.
HB 624. By Messrs. Lanier of Candler and Smith of Evans: A bill to amend an act regulating the feeding of garbage to livestock, and for other purposes.
HR 230. By Messrs. Mauldin of Gordon and Scoggin of Floyd: To authorize the Governor on behalf of the State of Georgia to reconvey to the City of Calhoun, Gordon County, Georgia, a tract of land formerly conveyed to the State by said City, and for other purposes.
HR 227. By Messrs. Mauldin of Gordon and Scoggins of Floyd: To authorize the Governor of Georgia to declare the present National Guard Armory and Warehouse located in Calhoun, Gordon County, Georgia, obsolete, and for other purposes.
HB 239. By Messrs. Stripling of Coweta, Groover of Bibb and others: A bill to authorize the Attorney General to order any Solicitor-General to advise, counsel or represent certain officials and employees, and for other purposes.
HB 322. By Mr. Tarpley of Union: A bill to amend an act creating the Department of Public Safety for Georgia and making provisions relative to the issuance, suspension and revocation of drivers' licenses, and for other purposes.
HB 561. By Messrs. Duke and Massee of Baldwin: A bill to amend an act creating a system of juvenile courts in this State, and for other purposes.
HR 75. By Messrs. Coker of Cherokee and Mashburn of Forsyth: To create a Hospital Care Study Commission; and for other purposes.
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JOURNAL OP THE SENATE,
HR 83. By Messrs. Register and Mathis of Lowndes: A resolution proposing an amendment to the Constitution so as to pro vide for the election of members of the Lowndes County Board of Edu cation by the people; and for other purposes.
HR 207. By Mr. Mashburn of Porsyth: A resolution authorizing the State Librarian to furnish to the Superior Court of Forsyth County, without cost to said county, certain law books; and for other purposes.
HR 211. By Mr. Denmark of Liberty: A resolution authorizing and directing the State Librarian to furnish to the Judge of the City Court of Hinesville certain law books, and for other purposes.
HR 191. By Messrs. Blalock of Clayton, Coker of Cherokee and Chastain of Thomas: A resolution to provide for the disposition of certain metal plates stored in the capitol building; and for other purposes.
HB 503. By Mr. Eyler of Chatham: A bill to repeal Section 67-1906 of the Code of Georgia relating to the sale of unclaimed laundry and cleaning at public outcry; to repeal conflicing laws; and for other purposes.
HB 601. By Messrs. Groover of Bibb and Blalock of Clayton: A bill to define criminal acts and to impose civil and criminal penalties with respect to the unauthorized possession, use, custody, control, ex change, transportation, or concealment of any unauthorized, false, counterfeit, forged, or altered revenue stamp or marking, etc., and for other purposes.
HB 502. By Messrs. Eyler and Sognier of Chatham: A bill to amend code Section 84-9925 of the 1933 Code of Georgia, re lating to violation of the law by Billiard Room Licenses, so as to pro vide that the punishment for violations of Chapter 84-16 of the 1933 Code shall be punished as for a misdemeanor; to repeal conflicting laws; and for other purposes.
The House has disagreed to the Senate Amendment to the following Bill of the House, to wit:
HB 363. By Messrs. Groover of Bibb and Lavender of Elbert: A bill to amend an act relating to the definition of Optometry by pro viding a new definition therefor; and for other purposes.
HB 357. By Messrs. Lokey, H. Smith, and M. Smith of Pulton: A bill to amend an act establishing a new charter for the City of Atlanta, relating to the Municipal Court of the City of Atlanta, and for other purposes.
HB 237. By Messrs. Stripling of Coweta, Willingham of Cobb, and Groover of Bibb: A bill to amend an act relating to abandonment of children and the penalty therefor, so as to provide that said Act shall apply to illegitimate children; and for other purposes.
WEDNESDAY, FEBRUARY 15, 1956
801
HB 623. By Messrs. Groover and McKenna of Bibb: A bill which act makes provisions for coverage of certain officers and employees of political sub-divisions of the State under the old-age and survivors insurance provisions, and for other purposes.
By unanimous consent the following bills and resolutions were introduced, read the first time and referred to committees:
HB 237. By Messrs. Stripling of Coweta, Willingham of Cobb, and Groover of Bibb: A bill to amend an act relating to abandonment of children and the penalty therefor, so as to provide that said act shall apply to illegitimate children; and for other purposes.
Referred to Committee on Judiciary.
HB 239. By Messrs. Stripling of Coweta, Groover of Bibb and others:
A bill to authorize the Attorney General to order any Solicitor-General to advise, counsel or represent certain officials and employees; and for other purposes. Referred to Committee on Judiciary.
HB 322. By Mr. Tarpley of Union: A bill to amend an act creating the Department of Public Safety for Georgia and making provisions relative to the issuance, suspension and revocation of drivers' licenses; and for other purposes.
Referred to Committee on Judiciary.
HB' 357. By Messrs. Lokey, H. Smith and M. Smith of Fulton: A bill to amend an act establishing a new charter for the City of At lanta, relating to the Municipal Court of the City of Atlanta; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 502. By Messrs. Eyler and Sognier of Chatham: A bill to amend code Section 84-9925 of the 1933 Code of Georgia, re lating to violation of the law by billiard room licenses, so as to provide that the punishment for violations of Chapter 84-16 of the 1933 Code shall be punished as for a misdemeanor; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.
HB 503. By Mr. Eyler of Chatham: A bill to repeal Section 67-1906 of the Code of Georgia relating to the sale of unclaimed laundry and cleaning at public outcry; to repeal con flicting laws; and for other purposes.
Referred to Committee on Health and Welfare.
HB 561. By Messrs. Duke and Massee of Baldwin: A bill to amend an act creating a system of juvenile courts in this State; and for other purposes.
Referred to Committee on Judiciary.
HB -590. By Mr. Kilgore of Gwinnett: A bill to amend an act creating the city court of Buford; and for other purposes.
Referred to Committee on County and Municipal Governments.
802
JOURNAL OF THE SENATE,
HB 601. By Messrs. Groover of Bibb and Blalock of Clayton: A bill to define criminal acts and to impose civil and criminal penalties with respect to the unauthorized possession, use, custody, control, ex change, transportation, or concealment of any unauthorized, false, counterfeit, forged, or altered revenue stamp or marking, etc., and for other purposes.
Referred to Committee on Judiciary.
HB 607. By Mr. Groover of Bibb: A bill to create a Public Safety Council; and for other purposes.
Referred to Committee on Judiciary.
HB 610. By Mr. Groover of Bibb: A bill to amend an act repealing, enacting and re-enacting laws or parts of laws creating a pension system for the employees of the City of Macon by providing for the benefit, contributions, retirement aid; and for other purposes.
Referred to Committee on Health and Welfare.
HB 614. By Messrs. McKenna, Carlisle and Groover of Bibb: A bill to amend an act to re-enact the charter of the City of Macon; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 615. By Mr. Harrison of Wayne: A bill to amend an act creating a new charter for the City of Jesup; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 616. By Messrs. Lokey, H. Smith and M. Smith of Fulton: A bill to amend an act entitled "An act to incorporate the City of Hapeville, so as to provide for the'expense of paving streets and the placing of sewerage and water within the City of Hapeville; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 617. By Messrs. McWhorter, Mackay and Rutland of DeKalb: A bill to amend an act creating the civil court of DeKalb County, by increasing the jurisdiction of such Court in civil cases; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 618. By Messrs. Foster and, Blalock of Clayton: A bill to amend an act incorporating the City of Lake City in the county of Clayton; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 619. By Mr. Coker of Cherokee: A bill to repeal an act entitled "An act to place the clerk of the Superior Court, the ordinary, the tax commissioner, and the sheriff of Cherokee County on a salary basis in lieu of a fee basis; and for other purposes.
Referred to Committee on County and Municipal Governments.
WEDNESDAY, FEBRUARY 15, 1956
803
HB 621. By Mr. Souter of Macon:
A bill to amend an act creating a board of commissioners of roads and revenue for the County of Macon; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 623. By Messrs. Groover and McKenna of Bibb:
A bill which act makes provisions for coverage of certain officers and employees of political sub-divisions of the State under the old-age and survivors insurance provisions; and for other purposes.
Referred to Committee on Rules.
HB 624. By Messrs. Lanier of Candler and Smith of Evans:
A bill to amend an act regulating the feeding of garbage to livestock, and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 625. By Mr. McGarity of .Henry:
A bill to amend an act to provide for the regulation of the installation of warm air heating equipment in certain counties; and for other purposes.
Referred to Committee on County and Municipal Governments.
HR 75. By Messrs. Coker of Cherokee and Mashburn of Forsyth: To create a hospital care study commission; and for other purposes.
Referred to Committee on Health and Welfare.
HR 83. By Messrs. Register and Mathis of Lowndes:
A resolution proposing an amendment to the Constitution so as to pro vide for the election of members of the Lowndes County Board of Edu cation by the people; and for other purposes.
Referred to Committee on County and Municipal Governments.
HR 191. By Messrs. Blalock of Clayton, Coker of Cherokee and Chastain of Thomas:
A resolution to provide for the disposition of certain metal plates stored in the'capitol building; and for other purposes.
Referred to Committee on Senate Administration Affairs.
HR 207. By Mr. Mashburn of Forsyth:
A resolution authorizing the State Librarian to furnish to the superior court of Forsyth County; without cost to said county, certain law books; : and for other purposes.
Referred to Committee on County and Municipal Governments.
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JOURNAL OP THE SENATE,
HR 211. By Mr. Denmark of Liberty:
A resolution authorizing and directing the State Librarian to furnish to the judge of the City Court of Hinesville certain law books; and for other purposes.
Referred to Committee on County and Municipal Governments.
HR 227. By Messrs. Mauldin of Gordon and Scoggin of Floyd:
A resolution to authorize the Governor of Georgia to declare the present National Guard armory and warehouse located in Calhoun, Gordon County, Georgia, obsolete; and for other purposes.
Referred to Committee on Defense and Veterans Affairs.
HR 230. By Messrs. Mauldin of Gordon and Scoggin of Floyd:
A resolution to authorize the Governor on behalf of the State of Georgia to reconvey to the City of Calhoun, Gordon County, Georgia, a tract of land formerly conveyed to the State by said City; and for other pur poses.
Referred to Committee on Defense and Veterans Affairs.
Mr. Turner of the 34th District, Chairman of the Committee on County and Municipal Governments, submitted the following report:
Mr. President:
Your Committee on County and Municipal Governments have had under con sideration the following bills of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 246. HB 594. HB 599. HB 598. HB 108. HB 565. HB 597.
Do Pass, as amended. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass.
Respectfully submitted, Turner of 34th District, Chairman.
By unanimous consent the following bills and resolutions, favorably reported by the committees, were read the second time:
HB 108. By Mr. Hoke Smith of Fulton and others:
A bill to amend an act establishing a new charter for the City of Atlanta; providing that the mayor and board of aldermen shall have full and complete power and authority to sell, exchange, farm out, lease, rent or in any way alien property and facilities dedicated to and used as parks, play grounds, golf courses; and for other purposes.
HB 246. By Mr. McWhorter of DeKalb and others:
A bill to fix, prescribe and establish compensation and/or salaries of the elective county officials of and in the County of DeKalb; and for other purposes.
WEDNESDAY, FEBRUARY 15, 1956
805
HB 565. By Mr. Rowland of Johnson:
A bill to amend an act incorporating the City of Adrian; and for other purposes.
HB 594. By Mr. Willis of Thomas:
A bill to create the office of tax commissioner for Thomas County; and for other purposes.
HB 597. By Mr. Todd of Glascock:
A bill to establish a method of paying traveling expenses incurred by the sheriff of Glascock County; and for other purposes.
HB 598. By Mr. Love of Catoosa County:
A bill to amend an act to create and establish a new charter for the City of Ringgold; and for other purposes.
HB 599. By Mr. Love of Catoosa:
A bill to create ,a board of utilities commissioners for Catoosa County; and for other purposes.
HR 188. By Mr. Cloud of Decatur and others:
A resolution authorizing the establishment and leasing of port facilities in Decatur County; and for other purposes.
HR 189. By Mr. Nightingale of Glynn and others:
A resolution authorizing the establishment and leasing of port facilities in Glynn County; and for other purposes.
HR 204. By Mr. Sanders of Richmond and others:
A resolution authorizing the establishing and leasing of port facilities in Richmond County; and for other purposes.
The following resolution of the Senate was read the first time and referred to a committee:
SR 52. By Senator Millican of the 52nd: A resolution to create legislative economy and study committee of Senate.
Referred to Committee on Rules.
The following general bills were read the third time and put upon their passage:
HB 131. By Mr. Rowland of Johnson: A bill to amend an act relating to credit unions, so as to provide for increasing the borrowing power of credit unions; to provide for in-
806
JOURNAL OF THE SENATE,
creasing the amount of surety bonds carried on officials of credit unions; to provide for increasing the proportion of annual earnings each credit union shall set apart to their reserve 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following resolution of the Senate was read and adopted:
SR 51. By Senator Overby of the 33rd:
A resolution congratulating Senator Garrett of the 53rd on his 67th birthday.
HB 141. By Messrs. Duke and Massee of Baldwin and Jackson of Jones:
A bill to amend an act relating to the restoration of sanity of insane persons; relating to lunacy trials of persons at Milledgeville State Hos pital; and for other purposes.
The Committee on Judiciary offered the following substitute:
A BILL
To be entitled an Act to amend an Act relating to sanity of insane persons, approved March 27, 1947 (Ga. Laws 1947, p. 1174), as amended by an Act approved February 15, 1952 (Ga. Laws 1952, p. 188), and an Act approved December 22, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 353), so as to provide that said Act shall apply to a determination of a person's sanity; to provide that under certain conditions, a release from Milledgeville State Hospital shall remove the necessity of filing' a.^petition under the Act for restoration of sanity; to provide for the ^filing of orders and the transmittal of copies thereof; to provide for oral testimony and testimony by deposition; to prescribe the procedure connected with the foregoing; to amend Sections 35-236 and 35-237 of the Code, relating to lunacy trials of persons at Milledgeville State Hospital, as amended by an Act approved December 18, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 321), and an Act approved March 3, 1955 (Ga. Laws 1955, p. 347), so as to provide for jury trials in county from which committed rather than in Baldwin County; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act relating to the restoration to sanity of insane persons, approved March 27, 1947 (Ga. Laws 1947, p. 1174), as amend ed by an Act approved February 15, 1952 (Ga. Laws 1952, p. 188), and an Act approved December 22, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 353), is hereby amended by adding a new section thereto, to be known as Section 1A, to read as follows:
WEDNESDAY, FEBRUAEY 15, 1956
807
"Section 1A. The procedure provided for in this Act may be used by a person who has been adjudged a lunatic or a person of unsound mind, seeking to be judicially restored to sanity, and such procedure shall be a determination of sanity, as well as a determina tion of whether the guardian, if any, of such person may be dis missed."
Section 2. Said Act is further amended by adding a new section thereto, to be known as Section IB, to read as follows:
"Section IB. In the event a person who has been committed to Milledgeville State Hospital is released therefrom as being sane, .under order of the Superintendent, a copy of such order shall be transmitted by the Superintendent, within five (5) days of the date of such order, to the Ordinary of the county from which such person Was committed, and thirty (30) days from the date of the receipt of such copy by the Ordinary, such person shall be deemed to have been legally restored to sanity, and it shall be the duty or the Ordinary to issue an order to that effect and enter such order on his minutes along with a copy of the order of the Superintendent, and such person shall not be required to follow the procedure pro vided for in this Act or any other law in order to be legally restored to sanity. In the event a person is released from Milledgeville State Hospital as being improved, under order of the Superintend ent, a copy of such order shall be transmitted by the Superin tendent, within five (5).days of the date of such order, to the Ordi nary of the county from which such person was committed, and shall be filed with the commitment papers of such person."
Section 3; Said Act is further amended by striking Section 3 in its entirety, and Inserting in lieu thereof a new Section 3, to read as follows:
"Section 3. Said commission shall convene after the expira tion of the ten day notice provided for herein, shall examine the petitioner, shall 1 hear such testimony, either orally or by deposition, as it deems necessary, and shall return its verdict and findings to the court within a period of thirty days from the issuance of said commission. Testimony of any official or employee of the Milledge ville State Hospital shall be taken only by deposition. The originals or copies of records of such Hospital shall be furnished, and copies thereof shall be admissible in the proceedings under this section. Said verdict, if it complies with the law as to form, shall be ap proved by the ordinary, and immediately filed and recorded upon his minutes, and in the absence of appeal, shall constitute a final judgment, binding upon all parties, as to the mental condition of the applicant on the date of the return of said verdict by said commission. It shall be the duty of the ordinary, within ten (10) days of such verdict, to transmit a certified copy thereof to the Superintendent of the Milledgeville State Hospital, where it shall be filed permanently in the records of such Hospital."
Section 4. Section 35-236 of the Code, relating to lunacy trials of persons at Milledgeville State Hospital, as amended by an Act approved December 18, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 321), and an Act approved March 3, 1955 (Ga. Laws 1955^ p. 347), is hereby amended
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JOURNAL OF THE SENATE,
by striking said Section in its entirety, and inserting in lieu thereof a new Section 35-236, to read as follows:
"Section 35-236. After admission of a patient to the Milledge ville State Hospital, as provided by law, except persons transferred thereto by the State Board of Corrections, the person adjudged to be a lunatic who alleges that the cause of his or her detention has ceased to exist, after refusal by the Superintendent of the Milledge ville State Hospital to discharge such patient, shall have the right in a proceeding brought by friend, or relative, who shall proceed as next friend, or by guardian, to have a trial of the question of lunacy by a jury, which shall be had, as hereinafter provided, in the superior court of the county from which such person was committed.
"The petition herein provided for shall be filed in such superior court, and the case shall stand for trial at the first term, provided, the petition be filed at least fifteen days before the commencement of the term. If filed less than fifteen days before the commence ment of the term, the case shall stand for trial at the second term, and said case shall be subject in either event to continuance, as pro vided in other cases."
Section 5. Section 35-237 of the Code, relating to lunacy trials of persons at Milledgeville State Hospital, as amended by an Act approved December 18, 1953 (Ga. Laws 1953, Nbv.-Dec. Sess., p. 321), and an Act approved March 3, 1955 (Ga. Laws 1955, p. 347), is "hereby amended by striking said Section in its entirety, and inserting in lieu thereof a new Section 35-237, to read as follows:
"Section 35-237. The petition provided for under this Act must alleged that the cause of commitment to the Milledgeville State Hospital has ceased to exist and that if discharged therefrom, the patient would not be a source of danger to himself, or herself, or to others. The petition provided for herein shall be verified by the person filing the same, and shall be brought as next friend or guardian, and not otherwise. The petition herein provided for shall be brought against the Superintendent of Milledgeville State Hos pital. Upon presentation to the court of the verified petition herein provided for, the court shall issue a rule nisi directed to the Super intendent of Milledgeville State Hospital requiring that he make answer thereto on of before the date or term therein.specified. The petition and rule nisi shall be served upon the Superintendent in the manner provided in that Act of the General Assembly approved February 16, 1945 (Ga. Laws 1945, p. 147), or in any manner now or hereafter provided for by law. If the jury should find that the cause of detention has ceased to exist, the court shall thereupon enter an order directing that the patient be discharged. If the jury should find that the cause of detention has not ceased to exist, the court shall enter an order remanding the patient to the Milledge ville State Hospital. Provided, however, that after a trial has been had under the provisions of this section and the question of lunacy determined by a jury, and it has been found that the cause of de tention has not ceased to exist, no subsequent petition and trial may be had under the provisions hereof until after the expiration of a period of twelve (12) months from the date of the final judg ment rendered in said trial."
WEDNESDAY, FEBRUARY 15, 1956
809
Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the substitute, the ayes were 36, nays 0, and the sub stitute 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 40, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 142. By Messrs. Duke and Massee of Baldwin and Jackson of Jones:
A bill to amend an act relating to a commission to examine persons for whom guardianship is sought or committal to the Milledgeyille State Hospital is sought; and for other purposes.
The Committee on Judiciary offered the following amendment:
Amend HB 142 by adding in the title, before the words "to repeal conflicting laws;", the words "to provide for exceptions;", and
By adding at the end of the new paragraph which is added to Code Section 49-604 in section 1 of said bill, at both places in section 1 where said hew paragraph is quoted, 'the words:
"Provided, however, the provisions of this paragraph shall not apply to the matters provided for in Section 49-612 of the code, as amended."
On the adoption of the amendment, the ayes were 36, nays 0.
The report of the committee, which was favorable to the passage, of the bill
as amended, was agreed to.
'
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 340. By Mr. M. Smith of Fulton:
A bill to amend an act entitled "an act to repeal an act providing for the securing of a license from county authorities to sell fireworks; to prohibit the sale, offering for sale or exposing for sale fireworks except under certain conditions"; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
810
JOURNAL OF THE SENATE,
HB 473. By Mr. Moate of Hancock and others:
A bill to amend an act creating the Minimum Foundation Program of Education, as relating to contracts of professional personnel, so as to provide for an election of teachers, principals, and other school em ployees upon the vote of a majority of the entire membership of the Board of Education without the recommendation of the county super intendent; 'and for other purposes.
The report 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 4.
The bill, having received the requisite constitutional majority, was passed.
Senator Seagraves of the 30th asked unanimous consent that he be recorded as voting no on HB 473.
The consent was granted.
SB 163. By Senators Harrison of the 17th and Turner of the 34th: A bill, to amend code section 88-105 of the 1933 code of Georgia relat ing to the Director of Public Health so as to change the provisions as to the compensation of the Director; and for other purposes.
The report 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 2.
The bill, having received the requisite constitutional majority, was passed.
The following resolution was read and adopted:
SB 53. By Senator Zellner of the 22nd: A resolution creating a Senate committee to study the milk industry in Georgia.
The president appointed the following:
Senators Zellner of the 22nd, Ursrey of the 54th and Florence of the 39th.
Senator Overby of the 33rd moved that the Senate recede from its position in amending the following bill of the House:
HB 363. By Mr. Groover of Bibb and others: A bill to amend an act relating to the definition of Optometry by pro viding a new definition therefor; and for other purposes.
WEDNESDAY, FEBRUARY 15, 1956
811
On the motion, Senator Overby 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
Coffin Dykes Florence Garrett
Harden Harper Hollis Housley Jones, 38th
Jones, 23rd
Kelly Lambert Mann McDonald
Overby Reynolds Richardson Ricketson Roop
Those voting in the negative were Senators:
Ayers . .
. Matthews
, Blalock
Millican
Chance
, -> - Page
Clary
Ponsell
Dews
Raulerson
Harrison
Shurling
Seagraves Toms Ursrey Warnell Waters Wilkins Wood Mr. President
Steis Turner Wetherington Zellner
By unanimous consent the verification of the roll call was dispensed with.
On the motion, the ayes were 28, nays 16, and the motion prevailed.
HB 301. By Mr. Carlisle of Bibb and others;
A bill to prohibit the appropriation or expenditure of any state, county, municipal or other public funds for the maintenance, upkeep, operation or support of any public school or institution providing educational or training courses or programs of any nature or character whatsoever, including but not limited to, schools providing technical courses, nurses training courses, manual training courses-'and any arid all other voca tional or educational courses where such schools or institutions do not provide separate schools or classes for the white and colored races; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 9, nays 24.
The bill, having failed to receive the requisite constitutional majority, was lost.
Senator McDonald of the 43rd asked unanimous consent that the following bill of the House be withdrawn from the Committee on Educational Matters, read the second time and recommitted:
812
JOURNAL OF THE SENATE,
HB 554. By Mr. Bodenhamer of Tift and others:
A bill to require the study of southern history and traditions in all grades of the public schools of Georgia; and for other purposes.
The consent was granted.
Senator Hollis of the 24th asked unanimous consent that the following
bills of the House be withdrawn from the Committee on Judiciary, read the second time and recommitted:
HB 203. By Mr. Turk of Wilcox and others:
A bill to amend an act relating to the admissibility of evidence, which shall provide that no evidence procured as the result of an unlawful search, seizure or arrest shall be admissible in evidence for any pur pose; and for other purposes.
HB 204. By Mr. Turk of Wilcox and others:
A bill to amend an act relating to the duties of justices of the peace, so as to require justices of the peace to keep a register of all search warrants issued by them; and for other purposes.
HB 274. By Mr. Lanier of Candler:
A bill to amend an act creating the Department of Public Safety, and providing for the issuance, suspension and revocation of drivers licenses; and for other purposes.
HB 359. By Mr. Fowler of Douglas and others:
A bill to permit a sheriff of any county in the state to delegate to the tax collector or tax commissioner of such county, the power and au thority to levy and conduct judicial sales in the manner now provided by law for sales by sheriffs, such authority to apply only to tax fi. fas, issued by such tax collector or .tax commissioner; and for other purposes.
The consent was granted.
HB 366. By Mr. Hall of Floyd and others:
A bill to amend an act establishing a retirement system for certain teachers in the public and state supported schools; and for other pur poses.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill was taken up for the purpose of considering a House amendment thereto:
WEDNESDAY, FEBRUARY 15, 1956
813
SB 92. By Senators Lovett of the 16th:
A bill to amend an act creating a new charter for the City of Dublin, so as to change the date of the regular city election; and for other purposes.
The House amendment was as follows:
Jones and Hogan moves to amend SB 92 as follows:
By striking from the first sentence of Section 5 the word "March" and in lieu thereof inserting the word "April".
Senator Lovett of the 16th moved that the Senate agree to the House amend ment to SB 92.
On the motion, the ayes were 29, nays 0, and the amendment was agreed to.
Senator Morrison of the 15th moved that the following bill of the House be withdrawn from the Committee on Defense and Veterans Affairs, read the second time and recommitted to the Committee on Judiciary.
HB 25. By Mr. Scoggin of Floyd and others:
A bill to amend an act known as the "Motor Vehicle Safety Responsi bility Act"; and for other purposes.
The motion prevailed.
HB 257. By Mr. Lokey of Fulton:
A bill to amend an Act relating to the time, place and manner of hold ing Public Sales of Property under execution, 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 382. By Mr. Moate of Hancock:
A bill to amend the Intangible Property Tax Act of 1953, which shall provide a procedure whereby a taxpayer who files a written protest with the tax collector or tax commissioner of a county, or his deputy, at the time of paying to him an amount claimed by such tax collector or tax commissioner or his deputy to be collectible as a tax under Sec tion 4 of Part I of 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 31, nays 0.
814
JOURNAL OF THE SENATE,
The bill, having received the requisite constitutional majority, was passed.
HB 384. By Messrs. Moate of Hancock, Willingham of Cobb and Groover of Bibb:
A bill to amend an act being a portion of the income tax laws; and for other purposes.
Senator Millican of the 52nd offered the following amendment:
Amend HB 384 by adding a new section as follows:
"Section 5. All laws and parts of laws in conflict herewith are hereby repealed."
On the adoption of the amendment, the ayes were 29, nays 0, 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 442. By Mr. Key of Jasper and others:
A bill to amend an act to limit the effect of and time for enforcing conveyances of real property to secure debt; and for other purposes.
The report 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 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
resolutions of the House to wit:
HR 196. By Mr. Rowland of Johnson: A resolution to compensate Guerdon F. Ackerman of the U. S. Navy for property damage to his house trailer occasioned by the negligence of a truck owned and operated by the Highway Dept. of the State of Georgia; and for other purposes.
WEDNESDAY, FEBRUARY 15, 1956
815
HR 203. By Mr. Groover of Bibb: A resolution to compensate Mr. Emil Kalock of 1321 Edgewater Drive, Orlando, Florida, and for other purposes.
HR 181. By Mr. Groover of Bibb: A resolution authorizing the Governor to deed certain lands to the United States; and for other purposes.
HR 180. By Mr. Groover of Bibb: Authorizing the conveyance of certain land in Pulaski County; and for other purposes.
HR 178. By Mr. Groover of Bibb: A resolution providing for the exchange of certain lands in Pulaski County; and for other purposes.
HR 182. By Mr. Groover of Bibb: A resolution authorizing the conveyance of certain property in Camden County to the United States, which property is needed for the King's Bay Ammunition Loading Terminal; and for other purposes.
By unanimous consent the following resolutions were introduced, read the first time and referred to committees:
HR 178. By Mr. Groover of Bibb: A resolution providing for the exchange of certain lands in Pulaski County; and for other purposes.
Referred to Committee on Judiciary.
HR 180. By Mr. Groover of Bibb:
A resolution authorizing the conveyance of certain land in Pulaski County; and for other purposes.
Referred to Committee on Judiciary.
HR 181. By Mr. Groover of Bibb:
A resolution authorizing the Governor to deed certain islands to the United States; and for other purposes.
Referred to Committee on Judiciary.
HR 182. By Mr. Groover of Bibb:
A resolution authorizing the conveyance of certain property in Camden County to the United States, which property is needed for the King's Bay Ammunition Loading Terminal; and for other purposes.
Referred to Committee on Judiciary.
816
JOURNAL OF THE SENATE,
HE 196. By Mr. Rowland of Johnson:
A resolution to compensate Guerdon P. Ackerman of the U. S. Navy for property damage to his house trailer occasioned by the negligence of a truck owned and operated by the Highway Dept. of the State of Georgia; and for other purposes.
Referred to Committee on Appropriations.
HR 203. By Mr. Groover of Bibb:
A resolution to compensate Mr. Emil Kalock of 1321 Edgewater Drive,
Orlando, Florida; and for other purposes.
Referred to Committee on Appropriations.
HB 467. By Mr. Groover of Bibb and others:
A bill to prescribe fees for the renewal of professional licenses; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 531. By Mr. Groover of Bibb and others:
A bill to amend an Act relating to the distribution of laws, journals and reports to the Courts, so as to provide that laws, journals and reports distributed to the counties shall remain the property 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 28, nays 2.
The bill, having received the requisite constitutional majority, was passed.
HR 96. By Mr. Bodenhamer of Tift and others: A resolution to relieve J. T. Bruce, J. C. Barfield and H. H. Gill as sureties; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 31, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
WEDNESDAY, FEBRUARY 15, 1956
817
The following bill of the House was taken up for the purpose of consider ing House action thereto:
HB 525. By Mr. Moate of Hancock and others:
A bill to provide that candidates for membership in the General As sembly of Georgia may run either in a county primary or a State primary; and for other purposes.
Senator Millican of the 52nd moved that the Senate insist on the Senate amendment to HB 525 and that a committee of conference be appointed.
On the motion, the ayes were 38, nays 0.
The motion prevailed and the president appointed on the part of the Senate as a committee of conference:
Senator Page of the 1st, Hollis of the 24th and Millican of the 52nd.
HR 90. By Mr. Cheatham of Chatham and others:
A resolution authorizing compensation to Theolia F. Todd for damages; 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:
Ayers Chance Clary Coffin Davis Dean Florence Garrett Harden Harper Harrison Hollis Housley
Jones, 38th Jones, 18th Kelly Lovett Mann Matthews McBride Millican Page Paulk Raulerson Reynolds Richardson
Ricketson Roop Seagraves Steis Toms Turner Warnell
Waters Wilkins Wood Zellner
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.
818
JOURNAL OF THE SENATE,
HE 155. By Mr. Fowler of Tift:
A resolution to compensate Mrs. Lillian Lord for damages; 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:
Ayers Chance Clary Coffin Davis Dean Florence Garrett Harden Harper Harrison Hollis Housley
Jones, 38th Jones, 18th Kelly Lovett Mann Matthews McBride Millican Page Paulk Eaulerson Reynolds Richardson
Ricketson Roop
Seagraves Steis Toms Turner Warnell
Waters Wilkins
Wood Zellner
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.
HR 173. By Mr. Killingsworth of Clay:
A resolution to compensate Hal Saunders, Jr., for expenses incurred; 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:
Ayers Chance Clary Coffin Davis Dean Florence
Garrett Harden Harper Harrison Hollis Housley , Jones, 38th
Jones, 18th Kelly Lovett Mann Matthews McBride Millican
WEDNESDAY, FEBRUARY 15, 1956
819
Page Paulk
Raulerson Reynolds Richardson Ricketson
Roop
Seagraves
Steis
Toms
,
Turner
Warnell
Waters Wilkins
Wood Zellner
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.
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:
HR 47. By Messrs. Moate of Hancock, Groover,of Bibb and Lokey of Fulton:
A resolution proposing to the qualified voters of the State of Georgia an amendment to Article III, Section XI, Paragraph I of the Constitu tion ; and for other purposes.
HR 169. By Mr. Blpodworth of Houston:
A resolution to compensate the widow of Henry C. Hill; and for other purposes.
HB 583. By Mr. Murphy of Haralson:
A bill to amend Section 59-112 of the Code, relating to exemption from jury duty, as amended, so as to change the age limit for jury exemp tion; and for other purposes.
The House has agreed to the Senate amendment No. 1 and has disagreed to Senate amendment No. 2 to the following bill of the House to-wit:
HB 525. By Messrs. Moate of Hancock, Groover of Bibb, Odom of Camden, Barber of Colquitt, Duke of Baldwin and many others: A bill to provide that candidates for membership in the General As sembly of Georgia may run either in a county primary or a State primary; and for other purposes.
HR 39. By Messrs. Carlisle of Bibb and Bloodworth of Houston: A resolution authorizing payment to Fountain's Dry Cleaners and Laundry, Inc., for damages to its truck.
HB 605. By Messrs. Russell of Barrow, Nightingale of Glynn and others: A bill to amend the Laws of Georgia for 1950 Regular Session, Page
820
JOURNAL OP THE SENATE,
167, by striking Section 4 on Page 168 of said Act and substituting in its place the following section to be known as Section 4.
HB 54. By Mr. Jones of Laurens:
A bill to provide that any person who has been indicted for a capital felony may enter a plea of guilty at any time after his indictment; and for other purposes.
HB 221. By Mr. Barber of Jackson:
A bill to amend an act creating the office of Superior Court Reporter Emeritus, so as to change the age for eligibility; to repeal conflicting laws; and for other purposes.
HB 422. By Messrs. H. Lokey, M. Smith and H. Smith of Fulton:
A bill to amend section 24-2714 of the Code of Georgia of 1933, entitled "Superior Court Clerks, Duties" so as to authorize the Clerk of the Superior Court to issue and sign any order in the nature of a rule nisi where no injunctive or extraordinary relief is granted; and for other purposes.
HR 64. By Mr. Groover of Bibb:
A resolution proposing an amendment to the Constitution so as to change the method of amending the Constitution; and for other pur poses.
The House has passed as amended by the requisite constitutional majority the following bill of the Senate to-wit:
SB 92. By Senator Lovett of the 16th:
A bill to amend an Act creating a new charter for the City of Dublin, so as to change the date of the regular city election; and for other purposes.
By unanimous consent the following bills and resolutions were introduced, read the first time and referred to committees:
HB 54. By Mr, Jones of Laurens:
A bill to provide that any person who has been indicted for a capital felony may enter a plea of guilty at any time after his indictment; and for other purposes.
Referred to Committee on Judiciary.
HB 221. By Mr. Barber of Jackson:
A bill to amend an act creating the office of Superior Court Reporter Emeritus, so as to change the age for eligibility; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.
WEDNESDAY, FEBRUARY 15, 1956
821
HB 422. By Messrs. H. Lokey, M. Smith and H. Smith of Fulton:
A bill to amend section 24-2714 of the Code of Georgia of 1933, entitled "Superior Court Clerks, Duties" so as to authorize the Clerk of the Superior Court to issue and sign any order in the nature of a rule nisi where no injunctive or extraordinary relief is granted; and for other purposes.
Referred to Committee on Judiciary.
HB 583. By Mr. Murphy of Haralson:
A bill to amend Section 59-112 of the Code, relating to exemption from jury duty, as amended, so as to change the age limit for jury exemp tion; and for other purposes.
Referred to Committee on Judiciary.
HB 605. By Messrs. Russell of Barrow, Nightingale of Glynn and others:
A bill to amend the laws of Georgia for 1950 Regular Session, Page 167, by striking Section 4 on Page 168 of said Act and substituting in its place the following section to be known as Section 4.
Referred to Committee on Agriculture and Natural Resources.
HR 39. By Messrs. Carlisle of Bibb and Bloodworth of Houston: A resolution authorizing payment to Fountain's Dry Cleaners and Laundry, Inc., for damages to its truck; and for other purposes.
Referred to Committee on Appropriations.
HR 47. By Messrs. Moate of Hancock, Groover of Bibb and Lokey of Fulton: A resolution proposing to the qualified voters of the State of Georgia an amendment to Article III, Section XI, Paragraph I of the Consti tution; and for other purposes.
Referred to Committee on Judiciary.
HR 64. By Mr. Groover of Bibb: A resolution proposing an amendment to the Constitution so as to change the method of amending the Constitution; and for other pur poses.
Referred to Committee on Judiciary.
HR 169. By Mr. Bloodworth of Houston: A resolution to compensate the widow of Henry C. Hill; and for other purposes.
Referred to Committee on Appropriations.
Senator Overby of the 33rd moved that the Senate do now adjourn until 10:00 o'clock tomorrow morning and the motion prevailed.
The president announced the Senate adjourned until 10:00 o'clock tomorrow morning.
822
JOURNAL OF THE SENATE,
Senate Chamber, Atlanta, Georgia, Thursday, February 16, 1956.
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 Rev. A. D. Howard, pastor Stapleton Baptist Church, Stapleton, Georgia.
By unanimous consent the call of the roll was dispensed with.
Senator Steis of the 25th reported that the journal of yesterday's proceed ings had been examined and found correct.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
Senator Overby of the 33rd asked unanimous consent that the following be established as the order of business for today:
1. Reports of standing committees. 2. Second reading of bills and resolutions, favorably reported. 3. Third reading and passage of local uncontested bills and resolutions. 4. Third reading and consideration of general 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 of the Senate to wit:
SB 150. By Senator Millican of the 52nd:
A bill to amend the act providing a complete and comprehensive vital statistics law for Georgia; and for other purposes.
SB 149. By Senator Harrison of the 17th:
A bill to amend "Act to create the Office of Tax Commissioner of Jenkins County, Georgia"; and for other purposes.
SB 142. By Senator Millican of the 52nd:
\
A bill to amend an act to provide that cities having a population of more than 150,000 shall furnish pensions to all officers and employees of such cities who have served twenty-five years and for other purposes.
THURSDAY, FEBRUARY 16, 1956
823
SB 144. By Senator Page of the 1st:
A bill to implement the provisions of Article 5, Section 7, Paragraph 2, of the Constitution of the State of Georgia, by amending and revising that certain act known as the "Savannah District Authority Act"; confirming the powers heretofore granted and granting said Authority additional powers; and for other purposes.
SB 124. By Senators Millican of the 52nd, and Turner of the 34th:
A bill to amend an act establishing a new charter for the City of Atlanta, and the several acts amendatory thereof; and for other pur poses.
SB 118. By Senator Harper of the 26th:
A bill to abolish city courts in certain counties having civil and criminal jurisdiction in such counties concurrent with the superior courts there in; and for other purposes. .
SB 105. By Senator Ponsell of the 5th:
A bill to amend an act relating to the regulation of the installation of warm air heating equipment; and for other purposes.
SB 77. By Senator Overby of the 33rd:
A bill to amend an act relating to the regulation of the installation of warm air heating equipment; and for other purposes.
SB 129. By Senators Harden of the 27th, Overby of the 33rd and Turner of. the 34th:
A bill to provide that the official court reporter of the Piedmont Judicial Circuit shall be compensated on a salary basis in lieu of all fees; and for other purposes.
SB 137. By Senator Lovett of the 16th:
A bill to amend an act creating a new city charter for the City of Dublin; and for other purposes.
SB 138. By Senator Lovett of the 16th:
A bill to provide that the Ordinary of Laurens County, Georgia, shall have a supplemental salary in addition to the fees and other com pensation to which he is now entitled; and for other purposes.
The House has passed as amended by the requisite constitutional majority the following bill of the Senate to-wit:
SB 140. By Senator Matthews of the 47th:
A bill to provide that the compensation of the Sheriff, the Clerk of the Superior Court and the Ordinary of Colquitt County shall be on a salary basis and to provide their compensation; and for other purposes.
824
JOURNAL OP THE SENATE,
The House has adopted the following resolution of the Senate to wit:
SR. 48. By Senators Hardin of the 27th, Davis of the 42nd, Dykes of the 14th and Coffin of the llth:
A resolution relative to the preservation of certain Historic property and for other purposes.
The House has adopted the following resolution of the House to wit:
HR 247. By Mr. Duke of Baldwin: A resolution relative to compensation resolutions; and for other pur poses.
The House insists on its position to the following Bill of the House, to wit:
HB 525. By Messrs. Moate of Hancock, Groover of Bibb and others: A bill to provide that candidates for membership in the General Assembly of Georgia may run either in a county primary or a State primary; and for other purposes.
The Speaker has appointed as a committee of conference on the part of the House; the following members of the House to wit:
Messrs. Groover of Bibb, Ray of Warren and McGarity of Henry.
The House has agreed to the.Senate amendments to the following bills of the House, to wit:
HB 263. By Messrs. Land of Wilkinson, Gates of Burke and others:
A bill to provide for the licensing of manufacturers, bottlers and dis tributors of bottled soft drinks and soft drink syrup; and for other purposes.
HB 334. By Messrs. Lokey, M. Smith and H. Smith of Fulton:
A bill to amend an act entitled an act to provide that in Fulton County, the Ordinary, Sheriff, Clerk of Superior Court and others may appoint a Chief Deputy or Chief Clerk; and for other purposes.
Mr. Turner of the 34th District, Chairman of the Committee on County and Municipal Government, submitted the following report:
Mr. President:
Your Committee on County and Municipal Government have had under con sideration the following bills of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 550. Do Not Pass.
HB 182. Do Pass.
THURSDAY, FEBRUARY 16, 1956
825
HB 155. Do Pass.
HB 600. Do Pass.
HB 589. Do Pass.
HB 538. Do Pass.
HB 604. Do Pass.
HB 157. Do Pass.
HB 181. Do Pass.
HB 602. Do Pass.
HB 341. Do Pass, as amended.
HB 544.' Do Pass, as amended.
HB 613. Do Pass.
HB 611. Do Pass.
HB 612. Do Pass.
HB 591. Do Pass.
HB 458. Do Pass, as amended.
:
HB 459. Do Pass.
HB 460. Do Pass, as amended.
Respectfully submitted,
Turner of 34th District, Chairman.
Mr. Hollis of the 24th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. President:
Your Committee on Judiciary have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 274. Do Not Pass.
HB 359. Do Not Pass. HB 205. Do Not Pass.
Respectfully submitted,
Hollis of 24th District, Chairman.
Mr. President, Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules have had under consideration the following bills
826
JOURNAL OP THE SENATE,
and resolutions of the House and have instructed me as Chairmain, to report the same back to the Senate with the following recommendations:
HE 177-418a. Do Pass. HB 623. Do Pass. HE 194-531 (i). Do Pass. HE 205-587(a). Do Pass.
Respectfully submitted,
S. Ernest Vandiver, Chairman.
Mr. Lovett of the 16th District, Chairman of the Committee on Appropri ations, submitted the following report:
Mr. President:
Your Committee on Appropriations have had under consideration the fol lowing resolutions of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations: ;
HE 103. Do Pass.
HR 112. Do Pass.
HR 157. Do Pass.
HR 128. Do Pass. HR 165. Do Pass. HR 29. Do Pass. HR 56. Do Pass. , HR 110. Do Pass. HR 198. Do Pass. HR 125. Do Pass. HR 158. Do Pass. HR 197. Do Pass. HE 150. Do Pass.
Eespectfully submitted,
Lovett of 16th District, Chairman.
Mr. McDonald of the 43rd District, Chairman of the Committee on Educa tional Matters, submitted the following report:
Mr. President:
Your Committee on Educational Matters, have had under consideration the
THURSDAY, FEBRUARY '16, 1956
827
following bill of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendation:
HB 554. Do Not Pass. Respectfully submitted, McDonald of 43rd District, Chairman.
Mr. Dean of the 40th District, Chairman of the Committee on Agriculture and Natural Resources, submitted the following report:
Mr. President:
!
Your Committee on Agriculture and Natural Resources have had under con
sideration the following bills and resolution of the House and have instructed me
as Chairman, to report the same .back to the Senate with the following recom
mendations:
;.
HB 605. Do Pass.
HB 624. Do Pass.
HR 204. Do Pass,
Respectfully submitted,
Dean of 40th District,
Chairman.
Mr. Ricketson of the 19th District, Chairman of the Committee on Defense and Veterans Affairs, submitted the following report:
Mr. President:
.
Your Committee on Defense and Veterans Affairs have had under considera
tion the following resolutions and bill of the House and have instructed me as
Chairman, to report the same back to the Senate with the 1 following recommenda
tions: . ...
.
HR 227. Do Pass.
HR 230. Do Pass.
HB 475. Do Pass.
Respectfully submitted,
Ricketson of 19th District,
Chairman.
Mr. Harrison of the 17th District, Chairman of the Committee on Health and Welfare, submitted the following report:
Mr. President:
Your Committee 6n Health'and Welfare have had under consideration the
828
JOURNAL OF THE SENATE,
following bills of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 503. Do Pass. HB 610. Do Pass.
Respectfully submitted, Harrison of 17th District, Chairman.
The following bills and resolutions, favorably reported by the Committees, were read the second time:
HB 155. By Mr. Jones of Laurens:
A bill to amend an act creating the city court of Dublin; and for other purposes.
HB 157. Byr Mr. Jones of Laurens:
A bill to amend an act incorporating the Town of East Dublin, so as to provide that the mayor and council may place a proper valuation on property that is not returned for taxation; and for other purposes.
HB 181. By Mr. Jones of Laurens:
A bill to amend an act creating the city court of Dublin so as to change the jurisdiction of the city court; and for other purposes.
HB 182. By Mr. Jones of Laurens:
A bill to amend an act incorporating the Town of East Dublin; and for other purposes.
HB 341. By Mr. H. Smith of Fulton and others:
A bill to amend an act entitled "an act to carry into effect in the city of Atlanta the provisions of an amendment to the constitution relating to the abolition of justice courts and the office of justice of the peace in certain cities; and for other purposes.
HB 475. By Messrs. Floyd and Weems of Chattooga:
A bill to amend' an act providing for the furnishing to veterans of certain vital statistics; and for other purposes.
HB 503. By Mr. Eyler of Chatham and others:
A bill to repeal an act relating to the sale of unclaimed laundry and cleaning at public outcry; and for other purposes.
HB 538. By Mr. Barker of Heard:
A bill to amend an act relating to the regulation of the installation of warm air heating equipment; and for other purposes.
THURSDAY, FEBRUARY 16, 1956
829
HB 544. By Mr. H. Smith of Fulton and others:
A bill to amend an act creating a joint city county board of tax assessors in all counties having within its borders all or the greater part of the population of 300,000 or more; and for other purposes.
HB 589. By Mr. Perkins of Carroll and others:
A bill to amend an act creating the office of tax commissioner of Carroll County; and for other purposes.
HB 591. By Mr. Willis of Thomas:
A bill to place the clerk, ordinary and sheriff of Thomas County on a salary basis in lieu of a fee basis; and for other purposes.
HB 600. By Mr. Coker of Walker arid others:
A bill to amend an act creating a new charter for the Town of Linwood; and for; other purposes.,
HB 602. By Mr. Dean of Rockdale:
A bill to change the corporate limits of the City of Conyers; and for other purposes.
HB 604. By Mr. Gross of Stephens:
A bill to amend an act entitled an "Act to provide for holding four terms a year of the Superior Court of Stephens County"; and for other purposes.
HB 605. By Mr. Russell of Barrow and others:
A bill to amend an act relating to the sale, inspection, importation and distribution of fluid milk for human consumption; and for other pur poses. -
HB 610. By Mr. Groover of Bibb:
A bill to amend an act repealing, enacting and reenacting laws or parts of laws creating a pension system for the employees of the City of Macon by providing for the benefit, contribution, retirement aid; and for other purposes.
HB 611. By Mr. Carlisle of Bibb:
A bill to amend an act approved August 3, 1927, entitled "An Act to re-enact the charter of the City of Macon contained in the Act approved August 17, 1914 together with the acts amending the same passed since 1914 with certain changes in said acts; to consolidate into one Act with such changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers, and duties of said corporation; and for other purposes.
830
JOURNAL OF THE SENATE,
HB 612. By Mr. Carlisle of Bibb:
A bill to amend an act approved August 9, 1929 entitled "An Act to amend an Act re-enacting the charter of the City of Macon approved August 3, 1927, so as to provide that the Macon Hospital Commission therein referred to shall be authorized and directed to operate as a part of the Macon Hospital the anti-tubercular sanatarium located in Bibb County; and for other purposes.
HB 613. By Mr. Carlisle of Bibb:
A bill to vest title in the City of Macon, ,its successors and assigns to a certain portion of First Street adjacent to square 74 located in said city and authorized said city to close, vacate and abandon the portion of First Street involved; and for other purposes.
HB 623. By Mr. Groover of Bibb and others:.
A bill to amend an act which act makes provisions for coverage of cer tain officers and employees of political subdivisions of the State under the old-age and survivors Insurance provisions of Title II of the Federal Social Security Act, so as to provide for declaration of policy; and for other purposes.
HB 624. By Mr. Lanier of Candler and others:
A bill to amend an act regulating the feeding of garbage to livestock; and for other purposes.
HR 177. By Mr. Groover of Bibb:
A' resolution to ratify, approve and confirm the Executive Order of the Governor, dated March 21, 1955, relating to the suspension of the license fee and examination fee required by an act approved March 4, 1955, (Ga. L. 1955, p. 431); and for other purposes.
HR 194. By Mr. Groover of Bibb and others:
A resolution to provide for a detailed study of the advisability of the State establishing a printing office; and for other purposes.
HR 205. By Mr. Sanders of Richmond and others:
A resolution authorizing the conveyance by the Governor of certain real property.,to Richmond County; and for other purposes.
HR 227. By Mr. Mauldin of Gordon and others:
A resolution to authorize the Governor of Georgia to declare the present National Guard Armory and Warehouse located in Calhoun, Gordon County, Georgia, obsolete and abandoned by the National Guard of Georgia upon completion of the new National Guard Armory Building in Calhoun; and for other purpose.
HR 230. By Mr. Scoggin of Floyd and others:
A resolution to authorize the Governor on behalf of the State of Georgia
THURSDAY, FEBRUARY 16, 1956
831
to reconvey to the City of Calhoun, Gordon County, a tract of land for merly conveyed to the State by said City; and for other purposes.
HR 187. By Mr. Groover of Bibb and others:
A resolution directing the State Board of Corrections to study the rec ommendations of the legislative economy committee as to institutions of a prison industries program; and for other purposes.
HR 203. By Mr. Groover of Bibb: A resolution to compensate to Mr. Emil Kalock; and for other purposes.
HR 39. By Mr. Carlisle of Bibb and others:
. ,.
A resolution authorizing payment to Fountain's Dry Cleaners and Laundry, Inc., for damages to truck; and for other purposes.
HR 169. By Mr. Bloodworth of Houston:
A resolution to compensate the widow of Henry C. Hill; and for other purposes.
Senator Turner of the 34th asked unanimous consent that the following bills of the House be withdrawn from the Committee on County and Municipal Gov ernments, read the second time and recommitted:
HB 547. By Mr. Sheffield of Brooks and others:
A bill to provide for a supplement to the compensation of the judge of the Superior Courts of the Southern Judicial Circuit; and for other purposes.
HB 614. By Mr. McKenna of Bibb and others:
A bill to amend an act to re-enact the charter of the City of Macon; and for other purposes.
HB 615. By Mr. Harrison of Wayne:
A bill to amend an act creating a new charter for the City of Jesup; and for other purposes.
HB 617. By Mr. McWhorter of DeKalb and others:
' A bill to amend an act creating the Civil Court of DeKalb County, by increasing the jurisdiction of such Court in civil cases; and for other purposes.
HB 618. By Mr. Foster of Clayton and others:
A bill to amend an act incorporating the City of Lake City, in the county of Clayton; and for other purposes.
832
JOURNAL OF THE SENATE, .
HB 619. By Mr. Coker of Cherokee:
A bill to repeal an act entitled "An Act to place the Clerk of the Superior Court, the Ordinary, the Tax Commissioner, and the Sheriff of Cherokee County on a salary basis in lieu of a fee basis"; and for other purposes.
HB 616. By Mr. Lokey of Fulton and others:
A bill to amend an act entitled "An Act to incorporate the City of Hapeville, so as to provide for the expense of paving of streets and the . placing of sewerage and water within the City of Hapeville"; and for other purposes.
HB 621. By Mr. Souter of Macon:
A bill to amend an act creating a Board of Commissioners of Roads and Revenue for the County of Macon; and for other purposes.
HB 625. By Mr. McGarity of Henry:
A bill to amend an act to provide for the regulation of the installation of warm air heating equipment in certain counties; and for other purposes.
HB 590. By Mr. Kilgore of Gwinnett:
A bill to amend an act creating the City Court of Buford; and for other purposes.
HB 592. By Mr. Truelove of White:
A bill to provide for the compensation of the Tax Commissioner in certain counties; and for other purposes.
HB 578. By Mr. Mackay of DeKalb and others:
A bill to authorize the establishment of a merit system in DeKalb County for employees of DeKalb County; and for other purposes.
HB 357. By Mr. Lokey of Fulton and others:
A bill to amend an act establishing a new charter for the City of Atlanta, relating to the Municipal Court of the City Of Atlanta; and for other purposes.
HB 282. By Mr. Hendrix of Long:
A bill to provide that members of the County Boards of Education in counties having a population of not more than 3700 and not less than 3585, shall be paid a per diem of $20.00 per day for actual services; and for other purposes.
HB 244. By Mr. Mackay of DeKalb and others: A bill to,enable DeKalb County to establish a planning commission
THURSDAY, FEBRUARY 16, 1956
833
and to enable the several municipalities lying wholly within the limits of DeKalb County to establish joint planning commissions with the county; and for other purposes.
HR 83. By Mr. Register of Lowndes and others:
A resolution proposing an amendment to the Constitution so as to provide for the election of members of the Lowndes County Board of Education by the people; and for other purposes.
HR 207. By Mr. Mashburn of Forsyth:
A resolution authorizing the State Librarian to furnish to the Supe rior Court of Forsyth County, without cost to said county, certain law books; and for other purposes.
HR 211. By Mr. Denmark of Liberty: A resolution authorizing and directing the State Librarian to furnish to the Judge of the City Court of Hinesville certain law books; and for other purposes.
HR 236. By Mr. Wooten of Randolph: A resolution to furnish certain law books to Randolph county; and for other purposes.
HR 237. By Mr. Wooten of Randolph: A resolution certifying law books to Court of Ordinary of Randolph County; and for other purposes.
The consent was granted.
Senator Garrett of the 53rd asked unanimous consent that the following bills of the House be withdrawn from the Committee on Finance, read the second time and recommitted:
HR 131. Messrs. Blalock of Clayton and Sanders of Richmond: A resolution to create a committee to study the advisability of con forming the Georgia Income Tax Laws to Federal Income Tax Laws and for other purposes.
HB 426. By Mr. Cloud of Decatur and others: A bill to amend an act known as the Georgia Retailers' and Consumers Sales and Use Tax Act, so as to provide that the tax imposed shall not apply to certain materials; and for other purposes.
The consent was granted.
,834
JOURNAL OP THE SENATE,
Senator Dean of the 40th asked unanimous consent that the following bills of the House be withdrawn from the Committee on Judiciary, read the second time and recommitted:
HB 394. By Mr. Groover of Bibb:
A bill to amend an act providing for absentee voting by members of the Military; and for other purposes.
HB 607. By Mr. Groover of Bibb: A bill to create a Public Safety Council; and for other purposes.
HB 239. By Mr. Stripling of Coweta and others:
A bill to authorize the Attorney General, in his discretion, to order and Solicitor General to advise, counsel or represent certain officials and employees if charged, accused or indicted relative to the alleged violation of any federal statute or investigated or questioned in any manner relative to certain matters; and for other purposes.
HR 190. By Mr. Groover of Bibb and others:
A resolution to recommend that the state discontinue the building of cabins in state parks; and for other purposes.
The consent was granted.
Senator Dean of the 40th asked unanimous consent that the following bill of the House be withdrawn from the Committee on Agriculture, read the second time and recommitted:
HB 113. By Mr. Groover of Bibb:
A bill to amend an Act relating to the Game and Fish Commission; and to game and fish; and for other purposes.
The consent was granted.
Senator Matthews of the 47th moved that the Senate agree with the House amendment to the following bill of the Senate:
SB 140. By Senator Matthews of the 47th:
A bill to provide that the compensation of the sheriff, the clerk of the superior court and the ordinary of Colquitt County shall be on a salary basis and to provide their compensation; and for other purposes.
On the motion, the ayes were 30, nays 0, the motion prevailed, and the amendment was agreed to.
Senator Brooks of the 50th asked unanimous consent that the following bills of the House be withdrawn from the Committee on Judiciary, read the second time and recommitted:
THURSDAY, FEBRUARY 16, 1956
835
HB 601. By Mr. Groover of Bibb:
A bill to define criminal acts and to impose civil and criminal penal ties with respect to the unauthorized possession, use, custody, control, exchange, transportation, or concealment of any unauthorized, false, counterfeit, forged or altered revenue stamp or marking, prima facie evidencing the payment of any tax imposed by the revenue laws of Georgia; and for other purposes.
HB 561. By Mr. Duke of Baldwin and others:
A bill to amend an act creating a system of juvenile courts in this state; and for other purposes.
HB 422. By Mr. H. Smith of Fulton and others:
A bill to amend an act entitled "superior court clerks, duties" so as to authorize the clerk of the superior court to issue and sign any order in the nature of a rule nisi where no injunctive or extraordinary relief is granted; and for other purposes.
The consent was granted.
Senator McDonald of the 43rd asked unanimous consent that the following bill and resolution of the House be withdrawn from the Committee on Judiciary, read the second time and recommitted:
HB 221. By Mr. Barber of Jackson:
A bill to amend an act creating the office of superior court reporter emeritus; and for other purposes.
HR 64. By Mr. Groover of Bibb and others:
A resolution proposing an amendment to the constitution so as to change the method of amending the constitution.
The consent was granted.
The following resolution of the House was read and adopted:
HR 247. By Mr. Duke of Baldwin:
A resolution creating a committee to study compensation resolutions; and for other purposes.
Senator Jones of the 38th asked unanimous consent that the following bill of the House be withdrawn from the Committee on County and Municipal Gov ernments, read the second time and recommitted:
HB 465. By Mr. Bagby of Paulding:
A bill to amend, consolidate, and supersede the several acts incorporat ing the city of Dallas in the county of Paulding; to create a new charter and municipal government for said city; and for other purposes.
836
JOURNAL OF THE SENATE,
The consent was granted.
The following local uncontested bills were read the third time and put upon their passage:
HB 97. By Messrs. M. Smith, H. Smith and Lokey of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta, relating to funds for improvements in the Department of Parks; and for other purposes.
Senator Millican of the 52nd offered the following amendment:
Amend HB 97 by adding a new section to be known as Section 2a and reading as follows:
"Effective as of February 1, 1956 the salary of the general manager of parks shall be Nine Thousand Nine Hundred Fifty Dollars, subject to uniform increases and decreases as approved by mayor and board of aldermen."
On the adoption of the amendment, the ayes were 32, nays 0.
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 108. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta, providing that the mayor and board of aldermen shall have full and complete power to sell or lease certain 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HE 29. By Mr. Alien of Bulloeh and others: A resolution to compensate Dr. John Mooney; and for other purposes.
The report of the committee, which was favorable to the adoption of the reslution, was agreed to.
The resolution, involving an appropriation, a roll call was ordered and the vote was as follows:
THURSDAY, FEBRUARY 16, 1956
837
Those voting in the affirmative were Senators:
Ayers Blalock Chance Clary Davis Dean Dews Florence
Garfett Harrison Hollis Jones, 18th Kelly
Lovett Mann Matthews Millican Morrison Overby Page Paulk Ponsell Raulerson Reynolds Richardson Ricketson
Roop Seagraves Shurling Steis Strickland Toms Turner Warnell Waters Wetherington Wilkins Wood Zellner
By unanimous consent, 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.
:
HR 56. By Mr. Gunter of Hall and others: A resolution to compensate Ralph Cleveland; 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:
Ayers Blalock Chance Clary Davis Dean Dews Florence Garrett Harrison Hollis Jones, 18th Kelly
Lovett Mann Matthews Millican Morrison Overby Page Paulk Ponsell Raulerson Reynolds Richardson Ricketson
Roop Seagraves Shurling Steis Strickland Toms Turner Warnell Waters Wetherington Wilkins Wood 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.
838
JOURNAL OF THE SENATE,
The resolution, having received the requisite constitutional majority, was adopted.
HR 125. By Mr. Murphey of Haralson:
A resolution to compensate Preston Morris for damages to his auto mobile caused by an employee of the State Highway Department operat ing a state owned 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:
Ayers Blalock Chance
Clary Davis Dean Dews Florence Garrett Harrison
Hollia-,. Jones, 18th Kelly
Lovett
Mann
Matthews
Millican
Morrison
Overby
Page
Paulk
Ponsell
Raulerson
Reynolds
Richardson
Ricketson
Roop Seagraves Shurling Steis Strickdland Toms Turner Warnell Waters Wetherington Wilkins Wood 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.
HR 92. By Mr. McGarity of Henry:
A resolution to compensate J. D. Walker for damages sustained in an accident on Highway No. 42; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution, proposing an amendment to the constitution, a roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Senators:
Ayers Blalock Chance
Clary Davis Dean
Dews Florence Garrett
Harrison Hollis Jones, 18th Kelly Lovett Mann Matthews Millican Morrison Overby
THURSDAY, FEBRUARY 16, 1956
839
Page Paulk Ponsell Raulerson Reynolds Richardson Ricketson Roop Seagraves Shurling
Steis Strickland Toms Turner Warnell Waters Wetherington Wilkins Wood 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.
HR 103. By Mr. Hayes of Coffee and others:
A resolution to compensate Daniel H. Walker's expenses for repairing automobile damaged by a highway department 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:
Those voting in the affirmative were Senators:
Ayers Blalock Chance Clary Davis Dean Dews Florence Garrett Harrison Hollis Jones, 18th Kelly
Lovett Mann Matthews Millican Morrison Overby Page Paulk Ponsell Raulerson Reynolds Richardson Ricketson
Roop Seagraves Shurling Steis Strickland Toms Turner Warnell Waters Wetherington Wilkins Wood 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.
840
JOURNAL OP THE SENATE,
HR 110. By Mr. Ivey of Newton: A resolution to compensate Walker Harris; 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:
Ayers Blalock Chance Clary Davis Dean Dews Florence Garrett Harrison Hollis Jones, 18th Kelly
Lovett Mann Matthews Millican Morrison Overby Page Paulk Ponsell Raulerson Reynolds Richardson Ricketson
Roop Seagraves Shurling Steis Strickland Toms Turner Warnell Waters Wetherington Wilkins Wood 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.
HR 112. By Mr. Tanner of Coffee and others: A resolution compensating W. S. Mooneyham; 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:
Ayers Blalock Chance Clary Davis Dean Dews Florence Garrett
Harrison Hollis Jones, 18th Kelly Lovett Mann Matthews Millican Morrison
Overby Page Paulk Ponsell Raulerson Reynolds Richardson Ricketson Roop
THURSDAY, FEBRUARY 16, 1956
841
Seagraves Shurling Steis Strickland
Toms Turner Warnell Waters
Wetherington Wilkins Wood 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.
HR 119. By Mr. Underwood of Montgomery:
A resolution to compensate Mrs. W. A. Johnson for injuries caused by a wire trailing from a state highway bus; 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:
Ayers Blalock Chance Clary Davis Dean Dews Florence Garrett Harrison Hollis Jones, 18th Kelly
Lovett Mann Matthews Millican Morrison Overby Page Paulk Ponsell Raulerson Reynolds Richardson Ricketson
Roop Seagraves Shurling Steis Strickland Toms Turner Warnell Waters Wetherington Wilkins Wood 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.
HR 58. By Mr. Underwood of Bartow: A resolution to compensate Leon Lewis for damages to his farm machinery; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
842
JOURNAL OF THE SENATE,
The resolution, involving an appropriation, a roll call was ordered and the vote was as follows:
Those voting in the affirmative were Senators:
Ayers Blalock Chance Clary Davis Dean Dews Florence Garrett Harrison Hollis Jones, 18th Kelly
Lovett Mann Matthews Millican Morrison Overby Page Paulk Ponsell Raulerson Reynolds Richardson Ricketson
Roop Seagraves Shurling
Steis Strickland Toms Turner Warnell Waters Wetherington Wilkins Wood 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.
HR 128. By Mr. Eyler of Chatham:
A resolution to provide for payment to the Quante Plumbing and Heating Company for damage to said company's 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:
Those voting in the affirmative were Senators:
Ayers Blalock Chance Clary Davis Dean Dews Florence Garrett Harrison Hollis Jones, 18th Kelly
Lovett Mann Matthews Millican Morrison Overby Page Paulk Ponsell Raulerson Reynolds Richardson Ricketson
Roop Seagraves Shurling
Steis Strickland
Toms Turner Warnell Waters Wetherington Wilkins
Wood Zellner
THURSDAY, FEBRUARY 16, 1956
843
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.
HR 150. By Mr. Matthews of Clarke:
A resolution to compensate the B & B Beverage Company for damages to its truck when hit by a vehicle owned by the State Highway Depart ment; 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:
Ayers Blalock Chance Clary Davis Dean Dews Florence Garrett Harrison Hollis Jones, 18th Kelly
Lovett Mann Matthews Millican Morrison
Overby Page Paulk Ponsell Raulerson Reynolds Richardson Ricketson
Roop Seagraves Shurling Steis Strickland Toms Turner Warnell Waters Wetherington Wilkins Wood 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.
HR 157. By Mr. Lindsey of Spalding and others:
A resolution to compensate Nolin Burl Randolph for damages; 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:
844
JOURNAL OF THE SENATE,
Those voting in the affirmative were Senators:
Ayers Blalock Chance Clary Davis Dean Dews Florence Garrett Harrison Hollis Jones, 18th Kelly
Lovett Mann Matthews Millican Morrison Overby Page Paulk Ponsell Raulerson Reynolds Richardson Ricketson
Roop Seagraves Shurling
Steis Strickland
Toms Turner Warnell Waters Wetberington Wilkins Wood, 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.
HR 158. By Mr. Love of Catoosa:
A resolution to compensate T. W. Christian of Ringgold, Georgia for damages resulting from the death of cattle; 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:
Ayers Blalock Chance Clary
Davis Dean Dews Florence Garrett Harrison Hollis Jones, 18th Kelly
Lovett Mann Matthews Millican Morrison Overby Page Paulk Ponsell Raulerson Reynolds Richardson Ricketson
Roop Seagraves Shurling Steis Strickland Toms Turner Warnell Waters Wetherington Wilkins Wood 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.
THURSDAY, FEBRUARY 16, 1956
845
The resolution, having received the requisite constitutional majority, was adopted.
HR 165. By Mr. Harrison of Wayne:
A resolution proposing the payment of surgical and hospital bills for C. B. Price, a towerman employed by the State Forestry Commission and injured while in the line of duty; 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:
Ayers Blalock Chance Clary Davis Dean Dews Florence Garrett Harrison Hollis Jones, 18th Kelly
Lovett Mann Matthews Millican Morrison Overby Page Paulk Ponsell Raulerson Reynolds Richardson Ricketson
Roop Seagraves Shurling Steis Strickland Toms Turner Warnell Waters Wetherington Wilkins Wood 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.
HR 197. By Mr. Gunter of Hall and others: A resolution to compensate Mrs. Ann H. Meyer; 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:
Ayers Blalock Chance Clary
Davis Dean Dews Florence
Garrett Harrison Hollis Jones, 18th
846
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Kelly Lovett Mann Matthews Millican Morrison Overby Page Paulk
Ponsell Raulerson Reynolds Richardson Ricketson Roop Seagraves Shurling Steis
Stricklai.d Toms Turner Warnell Waters Wetherington Wilkins Wood 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.
HR 198. By Mr. Todd of Glascock:
A resolution to provide for payment to Charlie B. Swint for damages to his Ford pickup 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:
Those voting in the affirmative were Senators:
Ayers Blalock Chance Clary Davis Dean Dews Florence Garrett Harrison Hollis Jones, 18th Kelly
Lovett Mann Matthews Millican Morrison
Overby Page Paulk Ponsell Raulerson Reynolds Richardson Ricketson
Roop Seagraves Shurling Steis Strickland Toms Turner Warnell Waters Wetherington Wilkins Wood 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.
HB 246. By Messrs. McWhorter, Rutland and Mackay of DeKalb:
A bill to fix, prescribe and establish compensation and/or salaries of the elective county officials of DeKalb County; and for other purposes.
THURSDAY, FEBRUARY 16, 1956
847
The Committee on County and Municipal Governments offered the following amendment:
Amend HB 246 by inserting the following figures in Section 3 of said Bill:
Opposite Ordinary of DeKalb County ...._.___....._________________. 9,500.00 , Opposite Clerk of the Superior Court ______________________________ 11,000.00
Opposite Sheriff of DeKalb County ________________________,,.. 9,500.00 Opposite Tax Commissioner of DeKalb County _______________ 11,000.00
On the adoption of the amendment, the ayes were 34, 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.
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 314. By Messrs. Kilgore and Kelley of Gwinnett:
A bill to create a new municipality in Gwinnett County, Georgia to be known as the City of Berkeley Lake; and for other purposes.
The report 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. Floyd and Weems of Chattooga:
A bill to amend an act creating a board of commissioners of roads and revenues of Chattooga County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 414. By Messrs. Floyd and Weems of Chattooga:
A bill to repeal an act creating a board of commissioners of roads and revenues of Chattooga County; and for other purposes.
Senator Davis of the 42nd offered the following amendment: Amend HB 414. By adding in Section 16, before the sentence "It
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shall be the duty of the Ordinary to hold and conduct such election.", the sentence "The expense of such election shall be borne by Chattooga County."
On the adoption of the amendment, the ayes were 36, nays 0.
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.
HB 452. By Mr. Pettey of Pulaski:
A bill to amend an act creating the office of commissioner of roads and revenues of Pulaski County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 453. By Mr. Singer of Stewart:
A bill to amend an act creating and establishing a new charter for the City of Richland; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 459. By Messrs. Mackay, Rutland and McWhorter of DeKalb and Ivey of Newton:
A bill to add one additional judge of the superior courts for the Stone Mountain Circuit; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 16, 1956
849
HB 506. By Messrs. Register and Mathis of Lowndes:
A bill to amend the charter of the City of Valdosta; to alter, relocate 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 509. By Mr. Land of Wilkinson:
A bill to establish a new charter for the Town of Allentown, in the county of Wilkinson; and for other purposes.
The report 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 527. By Messrs. Barber and Short of Colquitt:
A bill to amend the charter of the City of Moultrie, to extend the present corporate limits of said city; and for other purposes.
Senator Matthews of the 47th offered the following amendment:
Amend HB 527 by striking Sections 25 and 25A in their entirety from the bill, and renumbering the following sections accordingly.
On the adoption of the amendment, the ayes were 34, nays 0, and the amend ment 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 458. By Messrs. Mackay, Rutland and McWhorter of DeKalb:
A bill to repeal an act entitled an act to create and establish the city court of Decatur; and for other purposes.
The Committee on County and Municipal Governments offered the following amendent:
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1.
Amend HB 458 by striking Section 3 thereof in its entirety, and by substituting in lieu thereof a new Section 3 to read as follows:
"Section 3. Should a majority of the voters voting in the refer endum election provided for in Section 2 of this Act vote in favor of abolishing the City Court of Decatur, as provided in said section, this Act shall become effective on and after the expiration of the present term of office of the Judge of said Court on December 31, 1958, or upon the occurrence of a vacancy in the office of Judge of said Court, whichever such event shall first occur."
2.
By adding in the caption of said bill between the words "to provide an effective date of this Act;" and the words "to provide for a referen dum on the question" the following words and symbols:
"to provide for transfer of all civil cases, and books and papers pertaining to same from the City Court of Decatur to the Superior Court of DeKalb County on the effective date of this Act;"
3.
By adding a new section to said bill to be known as Section 3-A and to read as follows:
"Section 3-A. All civil cases and all civil business pending in the said City Court of Decatur on the effective date of this Act are hereby transferred to the Superior Court of DeKalb County. All civil processes, mesne and final, returnable to said City Court of Decatur shall, on and after the effective date of this Act be return able to the Superior Court of DeKalb County. All books and papers attaching to such civil actions shall be transferred to the appropriate officers of the Superior Court of DeKalb County and in all other respects the Superior Court of DeKalb County shall on and after the effective date of this Act stand substituted for the said City Court of Decatur in civil matters of every kind and nature, and all subsequent proceedings shall be the same as though such cases had been originally filed in the Superior Court of DeKalb County."
On the adoption of the amendment, the ayes were 34, nays 0, and the amend ment 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 460. By Messrs. Mackay, Rutland and McWhorter of DeKalb:
A bill to amend an act creating the civil court of DeKalb County, by increasing the jurisdiction of such court in civil cases; and for other purposes.
THURSDAY, FEBRUARY 16, 1956
851
The Committee on County and Municipal Governments offered the following substitute:
AN ACT
To amend an Act approved February 14, 1951 (Georgia Laws 1951, page 2401) creating the Civil Court of DeKalb County, by providing for an additional judge for such court and by fixing his duties, powers, qualifications, manner of appointment and elections; by providing that such court shall have criminal jurisdiction over all misdemeanor cases; by providing for the appointment over all misdemeanor cases; by pro viding for the appointment, qualification and election of a solicitor and an assistant solicitor; by fixing the salaries of the judges, solicitor and assistant solicitor; by providing for the transfer of criminal cases pending in the City Court of Decatur to such court; by providing for transfer of criminal cases from the Superior Court of DeKalb County; by fixing the methods of trials and procedure and appeals in criminal cases in such court; by providing the judges, solicitors and employees of such court shall be ex-officio officers of the City Court and eligible for benefits under the employees' retirement system of Georgia; by pro viding that the solicitor of such court may serve on lunacy commissions; by providing that this Act shall be subject to a referendum; to provide an effective date for this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA:
Section 1. The Act approved February 14, 1951 (Georgia Laws 1951, page 2401), creating the Civil Court of DeKalb County is hereby amended by striking Section 6 of said act in its entirety, and sub stituting in lieu thereof a new section, reading as follows:
"Be it further enacted by the authority aforesaid that there shall be two judges of the Civil Court of DeKalb County and shall be elected for a term of four years and shall be elected each four years thereafter. The judge in office at the time of approval of this Act shall continue to serve as one of the judges until the expiration of his term, and until his successor shall have been elected and qualified. The second judge of said court shall be appointed by the Governor of the State of Georgia for a term beginning on the ef fective date of this Act and ending on the 31st day of December 1958. In the event the effective date of this Act is the 31st day of December, 1958, then and in that event the Governor shall appoint the second judge for a term beginning on the 1st day of January, 1959. and ending on the 31st day of December, 1960. The successor to such second judge shall be elected at the general election to be held in November 1958, and each four years thereafter, unless the effective date of this Act is the 31st day of December, 1958, and in that event the successor to such second judge shall be elected at the general election to be held in November 1960 and each four years thereafter.
Section 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that said Act shall be and the same is hereby amended by adding the following sections:
"Section 1-A: That in addition to the jurisdiction heretofore
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conferred in said court, the Civil Court of DeKalb County shall have jurisdiction over DeKalb County of the following matters, namely:
All crimes and offenses which by the Constitution of the State of Georgia are not exclusively cognizable in the superior courts thereof.
Section 2-A: Be it further enacted by the authority aforesaid, and is hereby enacted by authority of the same, that all criminal cases pending in the City Court of Decatur upon the effective date of this Act shall be immediately transferred to the Civil Court of DeKalb County, and cases shall be tried and all subsequent pro ceedings filed in said court.
"Section 3-A: Be it further enacted by the authority afore said, and it is hereby enacted by authority of the same that any indictment or presentment made by the grand jury of DeKalb County in cases of which the Civil Court of DeKalb County has jurisdiction under this Act, may from time to time be transferred by the judges of the superior court of DeKalb County to the Civil Court of De Kalb County and shall thereafter stand for trial in said court.
Section 4-A: Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same that all prose cutions in criminal cases instituted in the Civil Court of DeKalb County shall be by written accusation made by the solicitor or an assistant solicitor, based upon affidavit setting forth plainly the offense charged in terms of the law, upon which shall be entered the name of the prosecutor, if any, but the solicitor or assistant solicitor, in his discretion, may make such accusation and proceed to trial thereon without an affidavit as the basis therefor.
Section 5-A: Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that there shall be a solicitor for the Civil Court of DeKalb County whose duty it shall be to represent the State in all prosecutions pending therein and all matters in which it is the duty of the solicitor general of the superior courts of said State to represent the State. The solicitor of the City Court of Decatur at the time of the effective date of this Act, shall serve as solicitor of this court until the 31st day of December, 1958. His successor shall be elected in the general elec tion to be held in November, 1958, for a term of four years, begin ning on January 1, 1959, and each four years thereafter. The salary of the solicitor of the Civil Court of DeKalb County shall be $8,000.00 per annum, payable monthly out of the county treasury as an expense of the court. Said salary shall be in lieu of any and all fees of said solicitor as provided by law. The solicitor of the Civil Court of DeKalb County shall have been a resident and elector of DeKalb County, Georgia, for at least one year immediately pre ceding his election or appointment, and shall have been "engaged in the practice of law at least three years next preceding his election or appointment hereunder and shall be at least twenty-five years of age.
Section 6-A: Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that there shall
THURSDAY, FEBRUARY 16, 1956
853
be an assistant solicitor of the Civil Court of DeKalb County. Such office shall be filled by the present assistant solicitor of the City Court of Decatur at the time of the effective date of this Act, who shall serve until his successor shall have been chosen in the manner herein provided. The assistant solicitor of such court shall be nomi nated by the solicitor of said court, subject to the approval of the judges thereof. He may be removed by the concurrent action of the judges and solicitor. The salary of the assistant solicitor shall be $6300.00 per annum, payable monthly out of the county treasurer as an expense of the court. The qualifications for the office of assistant solicitor shall be the same as those of the solicitor of such court.
Section 7-A. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that proceedings in criminal cases in said court after accusation shall conform to rules governing like proceedings in the superior court, except that the jury in said court shall consist of five jurors to be stricken alternately by the defendant and the State from a panel of twelve. The defendant shall be entitled to four strikes and the State shall be entitled to three strikes. The remaining jurors shall compose the jury.
Section 8-A: Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that said court is empowerd to issue bench warrants for the arrest of offenders, to accept pleas of guilty and pass sentence in term time or vacation. The court is further authorized to pass upon all questions of law and of fact in cases where trial by jury is waived by the defendant and to try such non-jury cases in term time or vacation.
"Section 9-A: Be it further enacted by the authority afore said, and it is hereby enacted by authority of the same, that it shall be the duty of the sheriff of DeKalb County to require and approve appearance bonds returnable to the Civil Court of DeKalb County in all criminal cases over which said court has jurisdiction. It shall further be the duty of said sheriff to transport persons con fined to jail to and from such court when required by the judges or the solicitor thereof. The sheriff is also required to furnish to said court a sufficient number of bailiffs to attend such court when in session, the number of bailiffs to be approved by the judges of said Civil Court of DeKalb County.
Section 10-A: Be it further enacted by the authority afore said, and it is hereby enacted by authority of the same, that rules as to motions for new trials, appeals, writs of error and certiorari from criminal cases in such court shall be the same as in civil cases involving the sum of $300.00 or more in such court.
Section 11-A: Be it further enacted by the authority afore said, and it is hereby enacted by authority of same, that except as otherwise provided herein, the statutes and rules in force in the superior courts of this State in so far as applicable to this Court are hereby conferred on such court including the power to forfeit bonds, recognizances or other obligations returnable to said court.
Section 12-A: Be it further enacted by the authority afore-
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said, and it is hereby enacted by authority of the same, that fees and costs charged in criminal cases in the Civil Court of DeKalb County shall be the same as those charged in the Superior courts of this State in misdemeanor cases. All costs, fines and forfeitures in such court shall be paid to the clerk of such court and shall be paid into the county treasury by said clerk as is now provided by law.
Section 13-A: Be it further enacted by the authority afore said, and it is hereby enacted by authority of the same, that each of the judges of the Civil Court of DeKalb County shall have all the powers, jurisdiction, duties, qualifications and dignity of the present judge of said court and shall receive as compensation the sum of Ten Thousand (10,000.00) Dollars each per annum from the effective date of this Act to be paid monthly out of the County Treasury.
"Section 14-A: Be it further enacted by the authority afore said, and it is hereby enacted by authority of the same, that in all matters relating to the matters of fixing, arranging for and dis posing of the business of such court and making appointments as authorized by law, where the judges thereof cannot agree or shall differ, the opinion or order of the judge senior in term of service as judge of the Civil Court of DeKalb County shall control; pro vided, however, that in the event both of said judges were elected at the same time and neither of said judges be senior in term of service, the judge receiving the greater number of votes in the . election shall be deemed the senior judge.
Section 15-A: Be it further enacted by the authority afore said, and it is hereby enacted by authority of the same, that the governing authority of DeKalb County is hereby fully authorized and empowered to provide suitable court rooms, jury rooms and chambers for each of the judges of said court and upon the recom mendation of both judges, the same shall be provided.
Section 16-A: Be it further enacted by the authority afore said, and it is hereby enacted by authority of the same, that all judges, solicitors and employees of the Civil Court of DeKalb County are hereby declared to be ex-officio judges, solicitors and employees of a city court of said State and county and as such, shall be eligible to make such contributions and to receive such benefits as are de scribed in the Act establishing the employees' retirement system for the State of Georgia as amended.
Section 17-A: Be it further enacted by the authority afore said, and it is hereby enacted by authority of the same, that the solicitor of the Civil Court of DeKalb County in his capacity as exofficio solicitor of the city court shall have all the rights and powers to serve on lunacy commissions as provided in Section 49-604 of the Code of Georgia as amended."
Section 3. Should any court of this State declare any section or clause of this Act unconstitutional or invalid for any cause or reason, then such decision shall affect only that section or clause so declared to be unconstitutional or invalid and shall not affect any other section, clause or part of this Act.
THURSDAY, FEBRUARY 16, 1956
855
Section 4. This Act is passed subject to the abolition of the City Court of Decatur in a referendum to be held for such purpose in DeKalb, County, Georgia, on the 16th day of May, 1956. Should the voters of DeKalb County vote to abolish said City Court of Decatur in said refer endum, then the provisions of this Act shall become effective on the effective date of the said Act abolishing the City Court of Decatur, to-wit, on the expiration of the term of the incumbent Judge of the City Court of Decatur on December 31, 1958, or upon the occurrence of a vacancy in the office of Judge of the City Court of Decatur, whichever event shall first occur. Should the voters of DeKalb County fail or refuse to abolish said City Court of Decatur in said referendum, this Act shall be void and of no force and effect.
Section 5. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which sheriff's adver tisements for DeKalb County are published, namely The DeKalb New Era, once a week for three weeks during a period of sixty days im mediately preceding its introduction in the General Assembly. Attached hereto and made a part of this bill is a copy of said notice, accompanied by an affidavit of the author to the effect that said notice has been published, as provided by law.
Section 6. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed.
On the adoption of the substitute, the ayes were 34, 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.
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 533. By Messrs. Hardaway and Peters of Meriwether:
A bill to amend an act entitled an act to provide for the compensation of the chairman and members of the board of commissioners of Meri wether 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 534. By Mr. Lokey of Fulton:
A bill to amend an act providing that cities having a population of 150,000 or more, shall provide pensions for members of the police de partment of such city; and for other purposes.
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The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 535. By Messrs. Lokey and H. Smith of Fulton: A bill to amend an act establishing a new charter for the City of Atlanta, to authorize the mayor and board of aldermen to sell certain described 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 536. By Mr. Lokey of Pulton: A bill to amend an act providing that cities having a population of more than 150,000 shall provide pensions for members of the fire department of such cities; and for other purposes.
The report 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 537. By Mr. Lokey of Fulton: A bill to amend an act entitled an act for the protection of the pension rights of county employees, county school districts teachers and em ployees of the largest city located in whole or in part in counties having a population of 300,000 or more to provide pension credits for prior service with subdivisions 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 539. By Mr. Truelove of White:
A bill to amend an act incorporating the Town of Helen, so as to change the corporate limits; and for other purposes.
THURSDAY, FEBRUARY 16, 1956
857
The report 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 540. By Messrs. Sognier, Cheatham and Eyler of Chatham:
A bill to amend the charter of the Town of Thunderbolt; and for other purposes.
The report of the committtee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 545. By Mr. Lokey of Fulton:
A bill to provide that cities having a population of more than 150,000, shall furnish pensions to all officers and employees of such cities and providing a system of pensions, so as to re-open the pension fund; and for other purposes.
Senator Millican of the 52nd offered the following amendment:
Amend HB 545 by adding thereto, immediately preceding the re pealing section thereof, the following section to be appropriately num bered and the repealing section to be re-numbered so that the numbers shall be consecutive:
"Section 2A. In addition to the fund derived from salaries and wages as required by the terms of this act, as amended, or as may hereafter be amended, it shall be the duty of the Board of Education of such city to appropriate and pay into the pension fund estab lished by this act, an amount which shall equal the total amount of deductions from the salaries and wages paid to officers and em ployees of said board. Should said fund at any time be insufficient to meet and pay the pensions due to such officers and employees, such Board of Education shall appropriate from current funds suf ficient amounts to make up the deficiency as it relates to such offi cers and employees. The provisions of this section shall be effective January 1, 1957."
On the adoption of the amendment, the ayes were 32, nays 0.
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.
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HB 546. By Messrs. Birdsong and Lam of Troup:
A bill to incorporate and establish the City of North West Point, in the county of Troup; and for other purposes.
The report 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 548. By Mr. Parker of Appling:
A bill to amend an act establishing the city court of Baxley; and for other purposes.
The report 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 553. By Mr. Wilson of Towns:
A bill to amend, consolidate and supersede the several acts incorporating the City of Hiawassee in the County of Towns; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 566. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A bill to create the office of Director of Public Safety in all counties having a population of 300,000 or more; to provide for the appointment and term thereof; and for other purposes.
Senator Millican of the 52nd offered the following amendment:
Amend HB 566 by striking therefrom section 6 and substituting in lieu thereof the following to be known as section 6:
"Be it further enacted that the Director of Public Safety shall receive as compensation $6,000.00 per annum payable in equal monthly installments subject to increases or decreases by the county commissioners of such counties who are hereby vested with authority to increase or decrease said salary at any time subject only to the provisions of any budget control and the availability of funds with which to pay any increase in salary. The said Director of Public
THURSDAY, FEBRUARY 16, 1956
859
Safety shall not be subject to any civil service or tenue laws which may exist affecting any county."
On the adoption of the amendment, the ayes were 34, nays 0, and the amend ment 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 558. By Messrs. Lam and Birdsong of Troup:
A bill to amend an act creating a new charter for the City of Hogansville; and for other purposes.
The report 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 564. By Messrs. Groover and Carlisle 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 565. By Mr. Rowland of Johnson:
A bill to amend an act incorporating the City of Adrian; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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HB 567. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A bill to amend an act to provide for the retirement of the judges and the solicitor-general of the criminal court of Fulton County, the judges of the civil court of Fulton County and the judge of the juvenile 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 568. By Messrs. Lam and Birdsong of Troup:
A bill to amend an act creating a new charter for the City of Hogansville; and for other purposes.
The report 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 569. By Mr. Rowland of Johnson:
A bill to amend an act entitled an act to incorporate the Town of Kite; and for other purposes.
The report 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 575. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to amend the charter of the City of Pine Lake, in the county of DeKalb; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed. HB 576. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to amend an act entitled "an act to provide for the examination
THURSDAY, FEBRUARY 16, 1956
861
for qualified electrician, for the right to engage in said vocation in counties having a population of not less than 85,000 and not more than 90,000"; and for other purposes.
The report of the comniitttee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 582. By Mr. Souter of Macon:
A bill to supplement the fees of the ordinary of Macon County; and for other purposes.
The report of the comniitttee, 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 587. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A bill to amend an act entitled "an act to amend an act entitled 'county officers. Laws applicable' in counties having a population 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 594. By Mr. Willis of Thomas:
A bill to create the office of tax commissioner for Thomas 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 597. By Mr. Todd of Glascock:
A bill to establish a method paying traveling expenses incurred by the sheriff of Glascock County; and for other purposes.
862
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 598. By Mr. Lowe of Catoosa:
A bill to amend an act to create and establish a new charter for the City 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 599. By Mr. Love of Catoosa:
A bill to create a board of utilities commissioners for Catoosa 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.
HE 151. By Mr. Singer of Stewart:
A resolution authorizing and directing the state librarian to furnish certain law books to the clerk of the superior court and the ordinary of Stewart 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 33, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Harper of the 26th asked unanimous consent that the following bill of the House be withdrawn from the Committee on Industry and Labor, read the second time and recommitted:
HB 80. By Mr. Bolton of Spalding:
A bill to amend an act known as the "Georgia Retailers' and Consumers'
THURSDAY, FEBRUARY 16, 1956
863
Sales and Use Tax Act, so as to provide that any person who sells or discounts a note, bill of sale to secure debt, conditional sales contract, or other written contract to pay, with full recourse to the seller, shall upon his being required to repossess the article sold under the note, bill of sale to secure debt, confidential sales contract, or other written contract to pay, receive credit for the sales tax paid by him upon the unpaid balance in such manner as may be prescribed by the Commis sioner of Revenue; and for other purposes.
The consent was granted.
Senator Steis of the 25th asked unanimous consent that the following bills of the House be withdrawn from the Committee on Judiciary, read the second time and recommitted:
HB 400. By Mr. Scoggin of Floyd and others:
A bill to amend an act relating to the additional duties of the clerks of the superior courts, so as to provide that the clerk of the superior court shall make a record of each sex criminal convicted in the county; and for other purposes.
HB 562. By Mr. Groover of Bibb:
A bill to amend an act creating a 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:
HB 207. By Messrs. Groover of Bibb, Chastain of Thomas and others:
A bill to provide for a physical examination as a prerequisite for em ployment by the state; and for other purposes.
The Committee on Industry and Labor offered the following amend ment :
Amend HB 207 by deleting section 4 and substituting the follows:
"Section 4. The examining physician shall make a report in triplicate certifying that he has examined the applicant and whether or not found any disability that would impair the fulfillment of the prescribed duties of his employment. Additional confidential medical information should be given only with the consent of the applicant. The examining physician shall furnish the person ex amined one copy, the department or agency head one copy and shall furnish one copy to the State Personnel Board. Such report shall be made a part of the employment record of the applicant.
On the adoption of the amendment, the ayes were 30, nays 0, and the amend ment was adopted.
864
JOURNAL OF THE SENATE,
The Committee on Industry and Labor offered the following amend ment:
Amend HB 207 as follows:
Delete Section 5 in its entirety and substitute the following:
"Section 5. The State Personnel Board is hereby authorized to promulgate reasonable rules and regulations not inconsistent with the provisions of this act nor with public health practice concerning such physical examinations.
On the adoption of the amendment, the ayes were 30, nays 0.
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 3.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 455. By Messrs. Pickard of Muscogee and Duncan of Carroll:
A bill to provide that no person shall construct or operate in intrastate commerce within this state any pipeline without first obtaining a certifi cate from the Georgia Public Service Commission; and for other pur poses.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 336. By Mr. Sanders of Richmond and others:
A bill to provide for subsistence allowances not to exceed five dollars per day in behalf of sheriffs, deputy sheriffs, patrolmen, policemen, and other law enforcement officers, for purposes of federal income taxation; and for other purposes.
Senator Overby of the 33rd offered the following amendment:
Amend 336 as follows:
By adding a new section thereto to be known as Section 4 and to read as follows:
"Section 4. Nothing in this act shall affect any present pension system of any county, municipal corporation or political subdivision of the State of Georgia or any rights of any person under any present pen sion system of any county, municipal corporation or political subdivision."
THURSDAY, FEBRUARY 16, 1956
865
On the adoption of the amendment, the ayes were 34, nays 0, and the amend ment 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 Brooks of the 50th asked unanimous consent that the following reso lutions of the House be withdrawn from the Committee on Senate Administrative Affairs, read the second time and recommitted:
HR 191. By Mr. Blalock of Clayton and others:
A resolution to provide for the disposition of certain metal plates stored in the Capitol building; and for other purposes.
HR 192. By Mr. Groover of Bibb and others: ;A resolution to authorize and direct the Secretary of State to make a study of the expense of microfilming state records; and for other pur poses.
The consent was granted.
Senator Davis of the 42nd asked unanimous consent that the following bills of the House be withdrawn from the Committee on Judiciary, read the second time and recommitted:
HB 383. By Mr. Stripling of Coweta:
A bill to improve and extend by reciprocal legislation the enforcement of duties of support and to make uniform the law with respect thereto; and for other purposes.
HR 47. By Messrs. Moate of Hancock, Groover of Bibb, and Lokey of Fulton.
A resolution proposing an amendment to the constitution, providing that the General Assembly may at anytime prescribe salaries for all elective officers; and for other purposes.
The consent was granted.
Senator Hollis of the 24th asked unanimous consent that the following bills and resolutions of the House be withdrawn from the Committee on Judiciary, read the second time and recommitted:
HB 322. By Mr. Tarpley of Union:
A bill to amend an act creating the Department of Public Safety for Georgia and making provisions relative to the issuance, suspension and revocation of drivers' licenses; and for other purposes.
866
JOURNAL OF THE SENATE,
HB 54. By Mr. Jones of Laurens:
A bill to provide that any person who has been indicted for a capital felony may enter a plea of guilty at any time after his indictment, and the judge of the Superior Court having jurisdiction may, in his discre tion, during term time or vacation, and without the necessity of a recom mendation of mercy by a jury, sentence such person to life imprisonment, etc.; and for other purposes.
HB 237. By Mr. Stripling of Coweta and others:
A bill to amend an act relating to abandonment of children and the penalty therefor, so as to provide that said Act shall apply to illegitimate children; and for other purposes.
HB 583. By Mr. Murphy of Haralson:
A bill to amend an act relating to exemption from jury duty, so as to change the age limit for jury exemption; and for other purposes.
HE 182. By Mr. Groover of Bibb:
A resolution authorizing the conveyance of certain property in Camden County to the United States, which property is needed for the King's Bay Ammunition Loading Terminal; and for other purposes.
HR 180. By Mr. Groover of Bibb:
A resolution authorizing the conveyance of certain land in Pulaski County; and for other purposes.
HR 178. By Mr. Groover of Bibb:
A resolution providing for the exchange of certain lands in Pulaski County; and for other purposes.
HR 181. By Mr. Groover of Bibb: A resolution authorizing the Governor to deed certain islands to the United States; arid for other purposes.
The consent was granted.
HB 243. By Mr. Moate of Hancock and others: A bill to make general appropriations to pay the cost of operations of the state government for the ensuing fiscal year; and for other purposes. The Committee on Appropriations offered the following amendment: Amend HB 243. Section 1 by inserting new Subsection at the end of the Section: Appropriations Committee moves to amend HB 243, Section 1 by adding at the end of said section a new Subsection to read as follows: For exclusive use of repairs, refurbishing, painting and equip-
THURSDAY, FEBRUARY 16, 1956
867
ping committee rooms and offices on the third floor of the State Capitol Building including House and Senate Chambers $150,000.00.
On the adoption of the amendment, the ayes were 33, nays 0, and the amend ment was adopted.
The Committee on Appropriations offered the following amendment:
Amend HB 243, Section 7 by striking from the last line of the second paragraph of Section 7 the words "any provisions" and substituting in lieu thereof the words "Section 47".
On the adoption of the amendment, the ayes were 39, nays 0, and the amend ment was adopted.
The Committee on Appropriations offered the following amendment:
Amend HB 243, Section 13 Subsection E, Line 4 by striking the figures $250,000.00 and insert in lieu thereof "$500,000.00 and by adding at end of said Subsection the words "for the years 1956-1957 and year 1957-1958".
On the adoption of the amendment, the ayes were 33, nays 0, and the amend ment was adopted.
The Committee on Appropriations offered the following amendment:
Amend HB 243, Section 15 adding a new Subsection (d)
Appropriations Committee moves to amend Section 15 of HB 243 same pertaining to the appropriations for the Department of Agriculture by adding at end of Section 15 a new sub-section to read as follows:
"(d) For annual ciost of acquiring Farmers Market Land, buildings and equipment from the State Farmers' Market Authority and for no other purpose ~~._:_____________._____________$500,000.00 Provided, that notwithstanding any itemization of purposes for which funds are appropriated to the Agriculture Department by this Section the sums necessary to pay rentals accruing under lease con tracts heretofore or hereafter executed by the State Department of Agriculture for leasing of property from State Authorities shall constitute a first charge on all funds appropriated to the State Department of Agriculture by this Section or otherwise.
Provided, further, that no provision in this Act shall be con strued as authorizing the reduction of or the voiding of any part of the appropriation made in sub-section (d) required to pay the annual payment required under lease contracts with State Author ities;"
On the adoption of the amendment, the ayes were 36, nays 0, and the amend-
meiit was adopted.
>
The Committee on Appropriations offered the following amendment:
868
JOURNAL OF THE SENATE,
Amend HB 243, Section 15 by adding at the end of said Section a new sub-section to read as follows:
"(e) For poultry disease research and control and poultry pro cessing plant inspections .___._.._.._.______.__________$100,000.00
On the adoption of the amendment, the ayes were 36, nays 0, and the amend ment was adopted.
The Committee on Appropriations offered the following amendment:
Amend HB 243 Section 20 by striking the figure "$275,000.00" and in lieu thereof inserting the figure "$300,000.00".
On the adoption of the amendment, the ayes were 31, nays 0, and the amend ment was adopted.
The Committee on Appropriations offered the following amendment:
Amend HB 243 by striking the total at the end of Section 47 reading $284,189,433.60 and substituting in lieu thereof the figure $284,864,433.60.
On the adoption of the amendment, the ayes were 36, nays 0, and the amend ment was adopted.
The Committee on Appropriations offered the following amendment:
Amend HB 243, Section 48 by adding at the end of the first para graph the following:
"Provided that in the administration of this Section 80% of all income received in a fiscal year which is in excess of the total amount of appropriation or allotment authorized in the foregoing sections of this Act for the fiscal year, other than income received from Motor Fuel tax and Motor Vehicle Tag Tax, shall be distributed 75% to the State Board of Education, 20% to State Board of Regents and 5% to Teacher Retirement Fund and no State official shall be authorized to expend said funds in any other manner.
On the adoption of the amendment, the ayes were 48, nays 0, and the amend ment was adopted.
The Committee on Appropriations offered the following amendment:
Amend HB 243, Section 48 by striking the total at the end of said section reading $55,125,000.00 and inserting in lieu thereof the figure $55,425,000.00.
On the adoption of the amendment, the ayes were 34, nays 0, and the amend ment was adopted.
The Committee on Appropriations offered the following amendment:
Amend HB 243, Section 48 by adding at the end of said section the following paragraph (i) and new paragraph to read as follows:
THURSDAY, FEBRUARY 16, 1956
869
(j) For the cost of operating all activities of the Department of Agriculture including Farmers Markets _____________$300,000.00
On the adoption of the amendment, the ayes were 34, 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 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:
Ayers Blalock
Chance ; Clary Coffin Dean Dews Dykes Florence Garrett Harper Harrison Hollis Hopkins Housley
Jones, 38th Jones, 18th
Kelly Lambert Lovett Mann McBride Millican Morrison Oyerby Page Paulk Ponsell Raulerson Richardson
Ricketson Roop
Seagraves Shurling Steis Strickland Toms Turner Ursrey Warnell Waters Wetherington Wilkins Wood Zellner
By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Millican of the 52nd asked unanimous consent that HB 243 be im mediately transmitted to the House and the consent was granted.
Senator Parker of the 20th asked unanimous consent that the following reso lutions of the House be withdrawn from the Committee on Appropriations, read the second time and recommitted:
HR 6. By Mr. Duke of Baldwin and others: A resolution to compensate Miles V. Golden of Milledgeville, Baldwin County, for damage to his automobile, and personal injuries occasioned by an accident caused by an employee of the State Highway Department operating a state-owend vehicle; and for other purposes.
HR 7. By Mr. Duke of Baldwin and others: A resolution to compensate Thulia Lindsley by the welfare department; and for other purposes.
870
JOURNAL OF THE SENATE,
The consent was granted.
Senator Harrison of the 17th asked unanimous consent that the following resolution of the House be withdrawn from the Committee on Health and Welfare, read the second time and recommitted:
HE 75. By Mr. Coker of Cherokee and Mr. Mashburn of Forsyth:
A resolution to create the Hospital Care Study Commission; and for other purposes.
The consent was granted.
Senator Garrett of the 53rd asked unanimous consent that a report of the Committee of Finance be read at this time.
The motion prevailed and the following report was read by the secretary:
Mr. Garrett of the 53rd District, Chairman of the Committee on Finance, sub mitted the following report:
Mr. President:
Your Committee on Finance have had under consideration the following bill and resolution of the House and have instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HE 131. Do Pass. HB 426. Do Not Pass.
, Respectfully submitted,
Garrett of 53rd District, Chairman.
HB 482. By Messrs. Groover of Bibb and Bodenhamer of Tift:
A bill to repeal an act of the General Assembly of 1943 entitled: "An act to authorize and direct the Governor to appoint an advisory com mittee in each county in which a state park is located and operated; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 579. By Mr. Groover of Bibb:
A bill to amend an act relating to selling, leasing, granting, exchanging and disposing of recreational and park property by the state, so as to provide that the provisions relative to advertising and bids shall not
THURSDAY, FEBRUARY 16, 1956
871
apply to the leasing of state parks or facilities if the lease involved is for a period of one year or less, nor to the exchange of state park property or interest therein on a dollar for dollar value basis; and for other purposes.
The Committee on Rules offered the following amendment:
Amend HB 579 by adding at the end of both quoted paragraphs in section 1, the following:
"Provided, further, no lease for a term of more than one year,
and no exchange of state park property shall be effective until
the same shall be ratified by a two-thirds majority of the state
senate."
On the adoption of the amendment, the ayes were 35, nays 0.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Harrison of the 17th asked unanimous consent that HB 579 be im mediately transmitted to the House and the consent was granted.
HB 205. By Mr. Kennedy of Turner and others:
A bill to amerid an Act relating to the responsibility of the real estate licensing law, so as to provide that such law shall be statewide in application; and for other purposes.
Senator Hollis of the 24th moved that the Senate disagree with the adverse report of the Committee on Judiciary on HB 205.
On the motion, the ayes were 35, nays 0, and the motion prevailed.
Senator Hollis of the 24th moved that HB 205 be recommitted to the Com mittee on Judiciary.
On the motion, the ayes were 38, nays 0, and the motion prevailed.
HB 580. By Messrs. Groover : of Bibb and Stripling of Coweta: A bill to amend an act to amend an act approved March 5, 1937, creat ing the National Resources Department and the various divisions there of; and for other purposes.
The report 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.
872
JOURNAL OF THE SENATE,
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 disagreed to the Senate amendment to the following bill of the House to-wit:
HB 384. By Messrs. Moate of Hancock, Willingham of Cobb and Groover of Bibb:
A bill to amend an act, being a portion of the income tax laws; and for other purposes.
The following bill of the House was taken up for the purpose of considering House action thereto:
HB 384. By Messrs. Moate of Hancock, Willingham of Cobb and Groover of Bibb:
A bill to amend an act being a portion of the income tax laws; and for other purposes.
Senator Hollis of the 24th moved that the Senate recede from its position in amending HB 384.
On the motion, the ayes were 36, nays 0, and the motion prevailed.
HB 501. By Messrs. Blalock of Clayton and Scoggin of Floyd:
A bill to amend an act to provide for fixing the salary of the director of the State Board of Social Security at Ten Thousand 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.
HE 188. By Messrs. Cloud of Decatur and Harrell of Grady: A resolution authorizing the establishment and leasing of port facili ties in Decatur 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.
THURSDAY, FEBRUARY 16, 1956
873
HB 560. By Messrs. Houston and King of Whitfield and Stripling of Coweta and others:
A bill to provide for a change in the salaries of the officers, non commissioned officers and troopers of the Uniform Division of the Department of Public Safety and the members of the Georgia. Bureau of Investigation; and for other purposes.
The report 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 148. By Senator Harrison of the 17th:
A bill to amend an act relating to license and excise taxes upon the business of dealing in malt beverages so as to provide the procedure by which it shall be determined whether malt beverages shall or shall not be sold in a 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 4.
The bill, having received the requisite constitutional majority, was passed.
Senator Harper of the 26th asked unanimous consent that the following bill of the House be withdrawn from the Committee on Industry and Labor, read the second time and recommitted:
HB 299. By Mr. Kilgore of Gwinnett and others:
A bill to provide that fire and casualty insurance companies domiciled in this state may deduct any retaliatory tax paid by them to another state from Georgia taxes; and for other purposes.
The consent was granted.
HB 348. By Mr. Dean of Rockdale:
A bill to provide for the appointment of an assistant solicitor general in judicial circuits having two or more judges of superior courts in such circuits; and for other purposes.
The Committee on Judiciary offered the following amendment:
Amend HB 348 by adding at the end of section 4 the following:
"Nor to any circuit which, during the calendar year 1955 had only one judge but which may have received an additional judge at the 1956 session or any subsequent session of the General Assembly."
874
JOURNAL OP THE SENATE,
On the adoption of the amendment, the ayes were 28, nays 1, 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.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HE 209. By Messrs. Cheatham, Eyler and Sognier of Chatham:
A resolution authorizing and directing the Governor to execute a lease in behalf of the state of Georgia of certain property conveyed to the state by Chatham County and to be used as a site for construction of an Armory for the Georgia Air National Guard with one-hundred per cent federal funds; 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.
HE 204. By Mr. Sanders of Richmond and others:
A resolution authorizing the establishing and leasing of port facilities in Richmond 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 33, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 335. By Mr. Floyd of Chattooga and others: A bill to amend an act providing for an integrated veterans service of Georgia and creating a state department of veterans service, so as to provide for the compensation of the members of the state board of veterans service; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 16, 1956
875
HB 407. By Mr. Matthews of Clarke:
A bill to amend an act relating to obscene pictures and abusive lan guage; and for other purposes.
The Committee on Judiciary offered the following amendment:
Amend HB 407 by striking both sections No. 2 with reference to certification.
On the adoption of the amendment, the ayes were 39, 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.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
The following bill of the House was taken up for the purpose of considering a report of a committee of conference:
HB 525. By Mr. Moate of Hancock and others: A bill to provide that candidates for membership in the General Assem bly of Georgia may run either in a county primary or a state primary; and for other purposes.
The report of the committee of conference was read by the secretary:
Mr. President
Mr. Speaker
Your committee on conference appointed on HB 525 submits fol lowing report.
That the House recede from its position in rejecting Senate amend ment number two (2).
On part of House
Groover of Bibb McGarity of Henry Ray of Warren
On part of Senate
Millican of the 52nd Page of the 1st Hollis of the 24th
On the adoption of the report of the committee of conference, the ayes were 32, nays 0, and the report was adopted.
876
JOURNAL OF THE SENATE,
HR 141. By Messrs. Coker of Cherokee and Mashburn of Forsyth: A resolution authorizing the Governor to sell certain land in Dawson and Forsyth Counties; 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 passed.
HR 206. By Mr. Murphy of Crawford and others:
A resolution to designate a bridge which crosses the Flint River be tween Crawford and Taylor Counties as the Colonel Benjamin Hawkins Bridge.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 32, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The 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:
The House has passed as amended by the requisite constitutional majority the following bill of the Senate to-wit:
SB 136. By Senator Parker of the 20th:
A bill providing a method by which employees of certain hospitals and institutions may obtain goods and services; to repeal conflicting laws and for other purposes.
The House has passed as amended by the requisite constitutional majority the following bill of the Senate to-wit:
SB 30. By Senator Lambert of the 28th:
A bill to be entitled an act to provide for the prohibition of the owning, controlling or holding by certain companies of more than 15% of vot ing stock of banks as defined therein and of bank holding companies as defined therein; and for other purposes.
THURSDAY, FEBRUARY 16, 1956
877
The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:
SB 30. By Senator Lambert of the 28th:
A bill to provide for the prohibition of the owning, controlling or hold ing by certain companies of more than 15% of voting stock of banks as defined therein and of bank holding companies as defined therein; and for other purposes.
The House amendment was as follows:
Committee on Banks and Banking moves to amend SB 30 by adding to section 3 the following:
"Also in municipalities having branches of a bank with a holding company relation, such banks may make branches of exist ing holding company banks and in the future in cities now having branches of a bank, present branches will have the same privilege of additional branches as permitted to other banks.
The caption of Senate Bill 30 shall be amended so as to include the substances of the above amendment.
Senator Hollis of the 24th moved that the Senate agree to the House amend ment to SB 30.
On the motion, Senator Overby of the 33rd called for the ayes and nays and the call was sustained.
A roll call was ordered and the vote was as follows:
Those voting in the affirmative were Senators:
Blalock Chance Dean Dews Dykes Garrett Harden Hollis
Lovett Matthews McBride Morrison Page Ponsell Raulerson Richardson
Those voting in the nagative were Senators:
Ayers Clary Davis Florence Harrison Housley
Jones, 18th Lambert Mann Millican Overby Parker
Roop Seagraves Shurling Strickland Toms Warnell Wetherington Wood
Paulk Ricketson Steis Waters Wilkins Zellner
By unanimous consent, the verification of the roll call was dispensed with.
On the motion, the ayes were 24, nays 18, and the motion was lost
878
JOURNAL OF THE SENATE,
Senator Overby of the 33rd moved that the Senate insist on its position and a committee of conference be appointed.
The motion prevailed and the president appointed as a committee of confer ence on the part of the Senate:
Senators Hollis of the 24th, Ayers of the 31st and Lambert of the 28th.
The following bill of the Senate was taken up for the purpose of con sidering a House amendment thereto:
SB 136. By Senator Parker of the 20th:
A bill providing a method by which employees of certain hospitals and institutions may obtain goods and services; to repeal conflicting laws; and for other purposes.
The Georgia State Sanitarium Committee amends SB 136 by adding after the period at the end of the first sentence the following:
Provided, however, that no employee shall be permitted to make any single purchase of goods or services in excess of $50.00, except medical and dental services only, and in no event shall any employee obtain goods or services for any. person except for himself or members of his immediate family.
Senator Parker of the 20th moved that the Senate agree to the House amend ment to SB 136.
On the motion, the ayes were 35, nays 0, and the motion prevailed.
Senator Overby of the 33rd asked unanimous consent that all House bills amended or substituted be immediately transmitted to the House and the motion prevailed.
HB 266. By Mi-. Groover of Bibb:
A bill to provide for the partial abatement of the gross premium tax levied against insurance companies; and for other purposes.
The Committee on Industry and Labor offered the following amendment:
Amend HB 266, by deleting.the following phrase from Item (8) of Section 1 of said bill, "other than money and bank deposits", so that said Item (8) of Section 1 when so amended shall read as follows:
"(8) intangible property having a taxable situs in this State;"
On the adoption of the amendment, the ayes were 28, 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.
On the passage of the bill, the ayes were 34, nays 2.
THURSDAY, FEBRUARY 16, 1956
879
The bill, having received the requisite constitutional majority, was passed as amended.
HB 352. By Messrs. Bentley of Cobb, M. Smith of Fulton and Scoggin of Floyd:
A bill to amend an act entitled "an act to amend and revise the adop tion laws now set forth in Chapter 74-4 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 393. By Messrs. Groover,of Bibb, Floyd of Chattooga, Campbell of Walker and others:
A bill to amend an act entitled "Public Safety Department Act", so as to change the amount of the fee required for the issuance of a duplicate license; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 433. By Messrs. Freeman of Monroe and Blackburn of Habersham:
A bill to amend an act relating to the powers, duties and suspension of the county superintendents of schools; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 434. By Messrs. Freeman of Monroe and Blackburn of Habersham: A bill to amend an act relating to the removal of a county superin tendent of schools from 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
880
JOURNAL OP THE SENATE,
HB 448. By Messrs. Matthews of Clarke and Bolton of Spalding:
A bill to amend an act relating to the relief of disabilities, so as to pro vide that the notice of application to remove disabilities shall be pub lished once a week for four weeks next preceding the term of court at which the marital disabilities are removed; and for other purposes.
The report 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 449. By Messrs. Matthews of Clarke and Bolton of Spalding:
A bill to amend an act relating to the granting of divorces; and for other purposes.
The report 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 532. By Mr. Sheffield of Brooks:
A bill to amend an act known as the General Tax Act, so as to remove the provisions as to the tax upon dealers in rim-fire pistol and rifle cartridges; and for other purposes.
The report 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.
HB 584. By Mr. Groover of Bibb:
A bill to simplify the construction, acquisition and financing of educa tional and training facilities for the state by transferring to and con ferring upon the state school building authority, created and operating under the state school building authority 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 16, 1956
881
HR 124. By Mr. Stephens of Clarke and others:
A resolution creating a committee to study the advisability of construct ing a building for the purpose of storing county and state records; and for other purposes.
Senator Overby of the 33rd moved that HR 124 be postponed until February 17th, and the motion prevailed.
Mr. Harrison of the 17th District, Chairman of the Committee on Health and Welfare, submitted the following report:
Mr. President:
Your Committee on Health and Welfare 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 75. Do Pass.
Respectfully submitted,
Harrison of 17th District, Chairman.
Mr. Dean of the 40th District, Chairman of the Committee on Agriculture and Natural Resources, submitted the following report:
Mr. President:
Your Committee on Agriculture and Natural Resources has had under con sideration 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 recom mendations :
HB 113. Do Pass, as amended.
HR 190. Do Pass.
Respectfully submitted,
Dean of 40th District, Chairman.
Mr. Clary of the 29th District, Chairman of the Committee on Industry and Labor, submitted the following report:
Mr. President:
Your Committee on Industry and Labor 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 80. Do Pass.
Respectfully submitted,
Clary of 29th District, Chairman.
882
JOURNAL. OF THE SENATE,
Mr. Turner of the 34th District, Chairman of the Committee on County and Municipal Government, submitted the following report:
Mr. President:
Your Committee on County and Municipal Government has had under con sideration 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 recom mendations :
HB 577. Do Pass, as amended. HB 592. Do Pass. HB 236. Do Pass. HB 237. Do Pass. HB 621. Do Pass. HB 282. Do Pass. HB 618. Do Pass. HB 590. Do Pass. HB 625. Do Pass. HB 244. Do Pass, as amended. HB 619. Do Pass. HB 614. Do Pass. HB 617. Do Pass. HB 547. Do Pass. HB 616. Do Pass. HB 465. Do Pass, as amended. HB 357. Do Pass. HB 615. Do Pass, as amended. HR 83-214h. Do Pass, as amended. HR 207-587c. Do Pass. HR 211-608a. Do Pass.
Respectfully submitted,
Turner of 34th District, Chairman.
Mr. Turner of the 34th District, Chairman of the Committee on County and Municipal Government, submitted the following report:
Mr. President:
Your Committee on County and Municipal Government has had under con-
THURSDAY, FEBRUARY 16, 1956
883
sideration 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 244. Do Pass.
HB 245. Do Pass.
HB 461. Do Pass.
HB 462. Do Pass.
HB 463. Do Pass.
HB 464. Do Pass.
Respectfully submitted,
Turner of 34th District, Chairman.
Mr. Lovett of the 16th District, Chairman of the Committee on Appropria tions, submitted the following report:
Mr. President:
Your Committee on Appropriations has had under consideration the fol lowing resolutions of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HR 203. Do Pass.
HR 39. Do Pass.
HR 169. Do Pass.
Respectfully submitted,
Lovett of 16th District, Chairman.
Mr. Blalock of the 36th District, Chairman of the Committee on Penal Institutions, submitted the following report:
Mr. President:
Your Committee on Penal Institutions has had under consideration the fol lowing resolution of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
HR 187. Do Pass.
Respectfully submitted,
Blalock of 36th District, Chairman.
The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House disagrees to the Senate amendment to the following bill of the House to-wit:
884
JOURNAL OF THE SENATE,
HB 59. By Messrs. Strickland of Toombs, Scoggin of Floyd and others:
A bill to amend Code Chapter 27-2 relating to arrests so as to require the arresting officer who arrests a person under a warrant to bring the accused before the person authority to examine, commit or receive bail within 72 hours, and for other purposes.
HR 189. By Messrs. Nightingale and Killian of Glynn:
A resolution authorizing the establishment and leasing of port facilities in Glynn County; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 40, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Overby of the 33rd moved that the Senate do now adjourn until 10:00 o'clock tomorrow morning.
The president announced the Senate adjourned until 10:00 o'clock tomorrow morning.
FRIDAY, FEBRUARY 17, 1956
885
Senate Chamber, Atlanta, Georgia, Friday, February 17, 1956.
The Senate met pursuant to adjournment at 10:00 o'clock this morning and was called to order by the president.
Scripture reading and prayer was offered by the chaplain.
By unanimous consent the call of the roll was dispensed with.
Senator Steis of the 25th reported that the journal of yesterday's proceed ings had been examined and found correct.
By unanimous consent, the reading of the journal was dispensed with and the journal was confirmed.
The rules committee established the following order of business for today: 1. Consideration of local uncontested bills and resolutions. 2. Consideration of general bills and resolutions.
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 resolution of the Senate to-wit:
SR 35. By Senator Overby of the 33rd:
A resolution creating a committee to study the advisability of construct ing a building for the purpose of storing county and State records; and for other purposes.
The House has agreed to the Senate amendments to the following resolu tions of the House to-wit:
HR 260. By Messrs. Moate of Hancock, Willingham of Cobb, Groover of Bibb and Scoggin of Floyd:
A resolution to create a committee to make a study of Jekyll Island; and for other purposes.
HR 258. By Mr. Carlisle of Bibb:
A resolution concerning the use of the third floor of the Capitol Build ing for legislative purposes; and for other purposes.
The House has adopted by amendment, the following resolution of the Senate to wit:
886
JOURNAL OF THE SENATE,
SR 54. By Senators Millican of the 52nd and Overby of the 33rd:
A resolution authorizing the Lieutenant Governor to appoint a com mittee to work with the Governor, Secretary of State and State Auditor in planning committee rooms and offices on the third floor of the State Capitol.
The House has adopted the following resolutions of the House to-wit:
HR 265. By Mr. Pettey of Pulaski:
A resolution commending the Honorable Roger Lawson; and for other purposes.
HR 261. By Messrs. Groover of Bibb, Sheffield of Brooks, and Harrison of Wayne:
A resolution recommending and urging the investment of a certain portion of the funds of certain retirement systems in real estate and real estate mortgages, loans, and leases; and for other purposes.
HR 260. By Messrs. Moate of Hancock, Willingham of Cobb, Groover of Bibb and Scoggin of Floyd:
A resolution to create a committee to make a study of Jekyll Island; and for other purposes.
Mr. President: The House has adopted the following resolution of the House to-wit:
HR 258. By Mr. Carlisle of Bibb:
A resolution concerning the use of the third floor of the Capitol Building for legislative purposes; and for other purposes.
Mr. President:
The House has passed as amended by the requisite constitutional majority the following bills of the Senate to-wit:
SB 141. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act establishing a new charter for the City of Atlanta; and for other purposes.
SB 159. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act creating a joint city-county board of tax assessors in all counties having all or the greater part of population of 300,000 or more; to repeal conflicting laws; and for other purposes.
Mr. Clary of the 29th District, Chairman of the Committee on Industry and Labor, submitted the following report:
FRIDAY, FEBRUARY 17, 1956
887
Mr. President:
Your Committee on Industry and Labor, 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 299. Do Pass.
Respectfully submitted,
Clary of 29th District, Chairman.
Mr. Hollis of the 24th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. President:
Your Committee on 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 422. Do Pass. HB 561. Do Pass, as amended. HB 601. Do Pass, as amended. HR 192-531g. Do Pass. HR 191-531f. Do Pass, as amended. HB 25. Do Pass. HB 502. Do Pass. HB 323. Do Pass. HB 400. Do Pass. HB 562. Do Pass. HR 47-129c. Do Pass. HB 383. Do Pass. HB 204. Do Not Pass. HB 203. Do Not Pass. HB 239. Do Pass. HB 394. Do Pass. HB 205. Upon reconsideration do pass. HR 181-481e. Do Pass. HR 178-481b. Do Pass. HR 180-481d. Do Pass. HR 182-481f. Do Pass. HB 322. Do Pass.
888
JOURNAL OF THE SENATE,
HB 583. Do Not Pass. HB 237. Do Pass, as amended. HB 54. Do Pass.
Respectfully submitted, Hollis of 24th District, Chairman.
Mr. Dews of the 9th District, Vice Chairman of the Committee on County and Municipal Government, submitted the following report:
Mr. President:
Your Committee on County and Municipal Government has had under con sideration 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 578. Do Pass. Respectfully submitted,
Dews of 9th District, Vice Chairman.
The following local uncontested bills were read the third time and put upon their passage:
HB 155. By Mr. Jones of Laurens:
A bill to amend an act creating the city court of Dublin; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 157. By Mr. Jones of Laurens:
A bill to amend an act incorporating the Town of East Dublin; so as to provide that the mayor and council may place a proper valuation on property that is not returned for taxation; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
FRIDAY, FEBRUARY 17, 1956
889
HB 181. By Mr. Jones of Laurens:
A bill to amend an act creating the city court of Dublin; so as to change the jurisdiction 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 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 182. By Mr. Jones of Laurens:
A bill to amend an act incorporating the Town of East Dublin; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 282. By Mr. Hendrix of Long:
A bill to provide that members of the county boards of education in counties having a population of not more than 3700 and not less than 3585, shall be paid a per diem of $20.00 per day for actual services, 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 357. By Messrs. Lokey, H. Smith and M. Smith of Fulton: A bfll to amend "an act establishing a new charter for the City of Atlanta, relating to the municipal court of the city of Atlanta; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 244. By Messrs. Mackay, McWhorter and Rutland of DeKalb: A bill to enable DeKalb County to establish a planning commission
890
JOURNAL OF THE SENATE,
and to enable the several municipalities lying wholly within the limits of DeKalb County to establish joint planning commissions; and for other purposes.
The Committee on County and Municipal Governments offered the following amendment:
Amend HB 244 by adding the following sentence at the end of Section 8 of said act:
"The interim zoning resolution of DeKalb County in force and and effect as of the effective date of this act shall remain in force and of full effect until the adoption of a zoning plan for the un incorporated area of DeKalb County."
On the adoption of the amendment, the ayes were 34, 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.
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 341. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A bill to amend an act entitled "an act to carry into effect in the city of Atlanta the provisions of an amendment to the constitution relat ing to the abolition of justice courts and .the office of justice of the peace in certain cities; and for other purposes.
Senator Millican of the 52nd offered the following amendment:
Amend HB 341, Section 3, Page 4, Line 9 by striking the word
"two" and inserting in lieu thereof the word "one". Further amend
in lines 9 -13 -14 - and 17 by striking word "Marshalls" and insert
the words "Marshall".
,
Further amend by striking lines 19 and 20 beginning with the words "The Judge" and inserting in lieu the following: "The Judge may with the prior approval of the Commissioners of Roads and Reve nue, of Fulton County, appoint a secretary in lieu of a second special Deputy Marshall."
Further amend caption in line 20 by striking the word "two" and inserting the word "one."
On the adoption of the amendment, the ayes were 39, nays 0, 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 39, nays 0.
FRIDAY, FEBRUARY 17, 1956
891
The bill, having received the requisite constitutional majority, was passed as amended.
HB 465. By Mr. Bagby of Paulding:
A bill to amend the several acts incorporating the City of Dallas; and for other purposes.
The Committee on County and Municipal Governments offered the following amendment:
Amend HB 465, by adding the following proviso at the end of Paragraph (a) of Section 35 of said Bill:
"Provided, however, that such charges shall not be a charge upon the real estate served where the tenant or other person in possession or having the right to possession and use of such real estate has by contract agreed to pay for such charges."
On the adoption of the amendment, the ayes 34, 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.
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 538. By Mr. Barker of Heard:
A bill to amend an act relating to the regulation of the installation of warm air heating 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 578. By Messrs. Mackay, Rutland and McWhorter of DeKalb:
, A bill to authorize the establishment of a merit system in DeKalb County for employees 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
892
JOURNAL OP THE SENATE,
HB 589. By Messrs. Perkins and Duncan of Carroll:
A bill to amend an act creating the office of 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 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 544. By Messrs. H. Smith and Lokey of Fulton:
A bill to amend an act creating a joint city-county board of tax assessors to all counties having within its borders all or the greater part of the population of 300,000 or more; and for other purposes.
Senator Millican of the 52nd offered the following amendment:
Amend HB 544 by striking from the caption thereof the following language: "so as to fix the compensation of the Chief Clerk of said Board; to repeal conflicting laws; and for other purposes.", and in serting in lieu thereof the following:
"so as to create the position of Office Manager in the Office of the Joint City-County Board of Tax Assessors and fix his com pensation; so as to create the position of attorney for the Joint City-County Board of Tax Assessors; to fix the qualifications and salary of such attorney; to repeal conflicting laws; and for other purposes."
2.
'. By striking Section 1 in its entirety and substituting in lieu thereof the following:
"SECTION 1. There is hereby established in the office of the Joint City-County Board of Tax Assessors the position of Office Manager, who shall be selected by and subject to the said Joint Board. His salary shall be $7,200.00 per annum, payable in monthly or shorter periods of payment and subject to uniform decreases or increases by the Board of Aldermen. The salary shall be paid by the City but the County shall reimburse the City to the extent of 3/7ths of the amount thereof. His assignment shall not be subject to Civil Service."
By adding thereto a completely new section to be numbered 1 (a), as follows:
"SECTION 1 (a). There is hereby created the position of attorney for the Joint City-County Board of Tax Assessors. Such attorney shall be a licensed practicing attorney of not less than five years experience and shall be a resident of the city or the county. He shall perform such services as may be required of him by the Joint City-County Board of Tax Assessors or the City or County Attorneys, in relation to legal tax matters. He shall not
FRIDAY, FEBRUARY 17, 1956
893
be subject to nor shall he be entitled to any benefit of the Civil Service Laws applicable to the city or the county. He may be a former employee of such city or county who has retired on a pen sion applicable to his employment, in which event he shall receive such pension in addition to his salary hereinafter provided, and shall not, by virtue of his employment, as such attorney, be en titled to additional pension benefits. He shall be elected by said Joint Board of Tax Assessors upon the nomination of the City Attorney and the County Attorney and shall serve for a term of four (4) years, at the expiration of which time said position is hereby abolished. He may be removed at any time for cause by the Tax Assessors after a hearing. His salary shall be $7,200.00 per annum, payable in equal monthly installments or other pro portionate payments to be made at shorter intervals of time. The salary of such attorney shall be paid by the county and the city shall reimburse the county 4/7th thereof. Nothing herein shall be construed to limit or restrict the authority of the City Attorney or the County Attorney to represent the Board of Tax Assessors in all litigated matters as heretofore established by this Act and all amendments thereto. Should there be a vacancy in said posi tion .by death, resignation or otherwise of the person elected to such position, said position shall thereupon stand abolished. Said attorney shall not directly or indirectly represent as attorney or counsellor at law any person or cause whose interests are in con flict with the interest of the city or county. He shall not appear as attorney before the Board of County Commissioners or the Mayor and Board of Aldermen or any committee thereof in any matter pending before said Board of County Commissioners or the Mayor and Board of Aldermen. Except as herein expressly pro hibited, he shall be eligible to engage in the practice of law. This section shall become effective April 1, 1956."
On the adoption of the amendment, the ayes were 35, nays 0, and the amend ment 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 577. By Messrs. Mackay, Rutland and McWhorter of DeKalb: A bill to amend an act entitled "an act to create and establish the city court of Decatur; and for other purposes."
The Committee on County and Municipal Governments offered the following amendment:
Amend HB 577 by inserting in the blank space in Section I of said act the figure 11,000.00.
On the adoption of the amendment, the ayes were 36, nays 0.
894
JOURNAL OF THE SENATE,
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 590. By Messrs. Kilgore and Kelley of Gwinnett:
A bill amending an act creating the city court of Buford, (Ga. Laws, 1906), and all acts amendatory thereof, by changing the salary of the clerks 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 33, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 591. By Mr. Willis of Thomas: A bill to place the clerk, ordinary and sheriff of Thomas County on a salary basis in lieu of a fee 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 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 592. By Mr. Truelove of White:
.
A bill to provide for the compensation of the tax commissioner in cer tain matters; and for other purposes.
The report 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 600. By Messrs. Coker and Campbell of Walker:
A bill to amend an act creating a new charter for the Town of Lihwpod; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to. .,
FRIDAY, FEBRUARY 17, 1956
895
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 602. By Mr. Dean of Rockdale:
A bill to change the corporate limits of the City of Conyers; and for ' other purposes.
The report 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 604. By Mr. Gross of Stephens:
A bill to amend an act entitled an "act to provide for holding four terms a year of the superior court of Stephens County; and for other purposes.
The:report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 610. By Mr. Groover of Bibb:
A bill to amend an act repealing, enacting, and re-enacting laws or parts of laws creating a pension system for the employees of the city of Macon by providing for the benefit, contributions, retirement aid; and for other purposes.
Senator1 Chance of the 51st offered the following substitute:
AN ACT
An Act to amend an Act approved August 3, 1927, entitled "An Act to re-enact the charter of the City of Macon, contained in the Act approved August 17, 1914, together with the Acts amending the same, passed since 1914, with certain changes in said Acts; to consolidate into one Act with such changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers and duties of said corporation; to amend the said Act of 1914, and the Acts amendatory thereof; and for other purposes"; said described Act appearing on pages 1283 through 1357, both inclusive of the published Acts of the General Assembly of Georgia of 1927, and any and all Acts amendatory of said described Act whenever passed and wherever set forth, including any and all Acts amending, changing or re-enacting any section or subsection of said Act or Acts; to repeal certain provisions of said Act of 1927 as amended relating to pensions; to enact other and different provisions relating to pension and retirement
896
JOURNAL OF THE SENATE,
systems; and particularly to amend the act approved February 9, 1949, Ga. Laws 1949, pages 330-339) as the same was amended by an act approved February 13, 1951, (Ga. Laws 1951, pages 2384-2394, inclusive) relating to the Macon Pension and Retirement System; and for other purposes.
SECTION 1.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA, and it is hereby enacted by authority of the same that an act approved August 3, 1927, entitled "An Act to re-enact the charter of the City of Macon, contained in the act approved August 17, 1914, together with the acts amending the same, passed since 1914, with certain changes in said acts; to consolidate into one act with such changes as may have become necessary or proper, all the acts constituting the charter of the City of Macon and relating to the rights, powers and duties of the said corporation; to amend the said act of 1914 and the acts amendatory thereof; and for other purposes"; said described act appearing on pages 1283-1357, both inclusive, of the published acts of the General Assembly of Georgia of 1927, as the same may have since been amended, and par ticularly as amended by the act approved February 9, 1949, and appear ing in the published acts of the General Assembly of Georgia of 1949, on pages 330-339, both inclusive and as amended by the act of 1951 as the same appears in the published acts of the General Assembly of Georgia of 1951, pages 2384-2395, both inclusive, by adding to the section 43% as provided by said act the following additions and changes.
SECTION 2.
There is hereby established a Division A of the Macon Pensions and Retirement System as a separate coverage group and to be specifically known as the Employees Social Security Coverage Group. Effective on a date established by the pension committee as established in said Act, the membership of this system shall automatically be the membership of Division A unless prior to such date a member has ex pressed in writing to the committee his desire to become a member of Division B, and for such members there is hereby established a distinct and separate Division to be known as Division B. Membership of Divi sion B shall be ineligible for membership in Division A.
SECTION 3.
All future employees of the City of Macon who are eligible under the following provisions shall become members of Division A.
SECTION 4.
As to Division A the following provisions shall supersede all other provisions of said act of 1951 except with respect to the administrative provisions of said act where they are not in conflict with the following provisions of this act which provisions with respect to Division A are as follows:
I. DEFINITIONS AS USED IN THIS ACT: The following words, terms, and phrases shall have the meaning hereby described unless a definite meaning is clearly required by the immediate context in which such word, term, or phrase is used:
FRIDAY, FEBRUARY 17, 1956
897
(a) "City" and "City of Macon" shall mean the political di vision, City of Macon, Georgia;
(b) "Committee" or "the committee" shall mean the pension committee as established by the Act of 1951 or its successor or successors serving as the administering body of the plan;
(c) "Employer" shall mean the City of Macon;
(d) "Masculine shall include the feminine;
(e) "Employees" and/or "Officials" shall include all persons actively employed in the service of the City upon the effective date of this act and thereafter and whose salary, wage or compensation is paid by the City whether payable directly to the recipient or to another for transmission or distribution and whether appointed by the city or by an elected or appointed officials thereof.
(f) "Service" and "years of service" shall mean the period in the employ of the city and while a member of this plan plus accu mulated past service credits acquired and retained as provided herein. A service year shall not be the calendar year but a service period of 12 months, except, that in computing fractional service years, six or more service months shall be considered a service year. No period during which benefits are received under this plan shall be considered "service" or "years of service".
(g) "Accumulated Past Service Credit" shall mean years of employment by the City of Macon and acquired and retained as provided herein;
(h) "Final average monthly earnings" shall mean total com pensation received by the claimant from the City of Macon during the last five years of service with the city divided by 60 provided, however, that in the event of prolonged illness or other justifying cause, to be judged by the committee, the Board may compute the "final average monthly earnings" of an affected claimant by using the 3 years most productive of compensation from the city and to the claimant and dividing such total by 36.
II. MEMBERSHIP ELIGIBILITY. All employees and officials of the city upon the effective date of this act and thereafter are eligible for inclusion in this Division A provided, however, the following per sons are excluded from the operation of this Division.
1. Officers and employees of the Macon Hospital, Macon Hos pital Commission, board of water commissioners, fire and police departments, board of health, board of public welfare, and any and all other boards of like kind and character acting as quasi-entities apart from the City of Macon but exercising some municipal func tion;
2. All casual or temporary employees and contractors and their employees whose work with the City of Macon is casual or temporary or by the job;
3. Officers and employees whose city employment is part-time, and the majority of whose income is not derived from city em ployment ;
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4. The mayor, aldermen, the city attorney or attorneys or any assistants to city attorneys, and the judge of the recorder's court;
5. Persons employed by the City of Macon at the effective date of this amendment who signify within a period of sixty days their intention not to come under this Division. This intention must be expressed in writing and presented in person to the pension com mittee. Persons electing to exclude themselves from this Division shall be forever barred from participation herein.
6. Any employee or official whose age, upon employment here after, re-employment, qualification or requalification as an em ployee or official is fifty years or more, provided the persons now eligible for membership for the pension plan shall not be excluded by reason of this age limitation;
7. Members and officials who upon effective date of this act are receiving payment of benefits from and under the pension plans as established by the acts of 1949 and 1951 as amended; III. CONTRIBUTIONS.
(a) Employee contributions. Each member of this Division shall make contributions in lieu of contributions now provided by the plan as established by acts of 1949 as amended 1951, to the pension fund of such plan as follows:
1. 2% of the total salary or compensation of the employees who are members of this Division;
2. The amount of the required contribution to be paid by em ployees and official members of this Division shall be deducted and withheld by the proper authority of the city from the salary, wage or compensation otherwise to be paid to such member and shall be remitted by such authority, monthly to the custodian of the pension fund. All persons becoming members of this Division are conclusively held to have consented to such deductions.
(b) Employer Contributions. The city shall remit monthly to the custodian of said fund 2% of the total salaries or compensation paid members of this Division for normal cost of said plan and 3.1% of total payroll of said city for unfunded prior service cost which 3.1% shall be paid monthly to the custodian of such fund until such time as it is actuarially determined that the unfunded prior service liability is liquidated. IV. BENEFITS.
(a) Any member of this Division who on the January 1st coin ciding or next following the attainment of age 65 years, shall be entitled to retirement and shall receive monthly retirement benefits in an amount equal to % of 1% of the first $100.00 of the average final compensation plus 1 and %% of all average final compensa tion in excess thereof, times the number of years of service.
(b) The surviving spouse, or if no surviving spouse, the lega tees or surviving heirs of a member dying prior to retirement shall receive a death benefit equal to the full amount the member has paid into the pension fund, including any sums paid by him into the pension plan provided by the act of 1949 as amended by act of 1951 and each member shall be required to file a designation in
FRIDAY, FEBRUARY 17, 1956
899
writing of a beneficiary with the pension committee and in the absence of such designation this benefit will be payable to his estate;
(c) In the event a pensioned employee dies before receiving pension benefits in the amount equal to the death benefit provided in the Section immediately above, the difference shall be paid in accordance with said Section;
(d) In the event a member terminates his service or his service is terminated for any reason other than death or cause for which he receives benefit payment elsewhere under this pension plan he shall be entitled to a severance benefit equal to his total contribu tions to the pension fund as provided in the paragraphs immedi ately above;
(e) An employee who has reached the age 60 while still in service shall be entitled to benefits hereunder as shall be actuarially equivalent to his retirement benefit at age 65 as established and reduced by a table to be adopted by the pension committee. The said actuarial equivalent shall be based upon service credits ac cumulated as of the date of retirement.
V. ACCUMULATED PAST SERVICE CREDITS. Prior to the date of this act employees and officials of the city eligible for participa tion in this Division who have become members of this Division shall be entitled to accumulated past service credit under this plan and Divi sion as follows:
(a) Members of the plan provided by the act of 1949 as amended by the act of 1951 shall be entitled to all the years of accumulated past service credit;
(b) Non-members of the said pension plan as provided by said acts, as amended, shall be entitled to accumulated past service credit upon election, within sixty days after the effective date of this act, so to do, and by paying or agreeing to pay, as immediately evi denced by a promissory note payable to the city or the committee or the custodian, within a period of three years from the effective date of this act, into the pension fund of this plan or division, a sum of money equal to that which would have been paid under the plan of 1949 as amended by the acts of 1951 as aforesaid in order to secure accumulated past service credit thereof.
VI. QUALIFICATION FOR BENEFITS.
(a) No pension under this plan or division shall be paid to any person so long as such person is paid other pension or retire ment benefits under this plan, or under any other pension or re tirement plan which is supported in whole or in part by taxation of any kind or character levied by any State, any political sub division thereof, the United States or any agency thereof, excepting only such benefits as may be payable under the Federal Social Security Act and such disability compensation, death benefits, or retirement pay arising out of incident of service to the armed forces of the United States. The word "taxation" as used herein, shall not include fees, fines or forfeitures.
(b) Pension or retirement payments shall not be made to any member while an active employees or official of the city.
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VII. PAYMENT BENEFITS. All benefit payments save those for severance or death herein provided shall be paid monthly. No bene fit payment or portion of the pension fund contributed by member em ployees or officials shall be subject to assessment, garnishment, attach ment or other proceedings of any kind or character by any person, firm or cooperation whomsoever save by and at the insistance of the City of Macon or the pension committee, and then only for money lawfully owing to it by any particular member and then only to the extent of such member's benefit payments and contributions to the pension fund.
SECTION 5.
The Act of 1949 as amended by 1951 and particularly Section G thereof is hereby amended by striking the same and inserting in lieu thereof the following: "The pension committee with the advice and con sent of the Mayor and City Treasurer shall from time to time invest benefit funds in any investment which is legal for insurance companies under the laws of this State and said committee may appoint, subject to revocation at any time, and subject to such guards for safe keeping as the committee may prescribe, one or more national banks having places of business in Bibb County and maintaining active trust depart ments, as custodian of said funds, in whole or in part, and for the pur poses of disbursement pursuant to this act and the order of the com mittee and/or for purposes of investment of such fund the purpose or purposes for which the custodian or custodian is appointed to be stated in writing.
(a) In addition to the investment privileges the committee may without other authority invest said funds in a common trust fund or a national bank having a place of business in Bibb County who maintains an active trust department.
(b) Fees or other charges made by the custodian and/or in vestment custodian, with the approval of the committee, shall be payable from the pension fund.
SECTION 5-A.
The right of a service retirement allowance under the provisions of Division A of this plan shall vest in a member who withdraws from service prior to attaining age 60, provided said member shall have com pleted at least 20 years of creditable service, and has not withdrawn his contributions, provided further nothing in this Act shall be con strued as providing for any benefits prior to attaining age 60 other than a return of contributions in case of death.
SECTION 6.
Nothing herein contained shall be construed as relieving the city from at all times maintaining a sufficient liquid condition of this fund to meet full and prompt payment of all pension payments due under any division of this plan and the city shall have an obligation to pay any pension payments due thereunder.
SECTION 7.
The provisions of the pension plan of 1949 as amended in 1951, as amended, shall remain in full force and effect as to all members of Division B of said plan.
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901
SECTION 8.
Be it further enacted that evidence of advertising as required by the constitution of 1945 is hereto attached and made a part hereof.
SECTION 9.
If this Act or any portion of it or the application of said Act or any portion of it to any person or circumstance shall be declared invalid, the remainder of this Act and application of such invalid portion to other persons and circumstances shall remain unaffected. This Act shall become effective of the first of the month next following after its passage and approval.
SECTION 10.
All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the substitute, the ayes were 35, nays 0, and the substi tute 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 611. By Mr. Carlisle of Bibb:
A bill to amend an act approved Aug. 3, 1927, entitled: "An Act to re-enact the charter of the City of Macon contained in the act approved Aug. 17, 1914, together with the acts amending the same passed since 1914 with certain changes in said acts; to consolidate into one act with such changes as may have become necessary or proper, all the acts con stituting 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 612. By Mr. Carlisle of Bibb:
A bill to amend an act approved Aug. 9, 1929 entitled: "An act to amend an act re-enacting the charter of the City of Macon approved Aug. 3, 1927, so as to provide that the Macon Hospital Commission therein referred to shall be authorized and directed to operate as a part of the Macon Hospital the anti-tubercular sanatorium located in Bibb County; and for other purposes.
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The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 613. By Mr. Carlisle of Bibb:
A bill to vest title in the City of Macon, its successors and assigns to a certain portion of First Street adjacent to square 74 located in said city and authorize said city to close, vacate and abandon the portion of First Street involved; and for other purposes.
The report 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 614. By Messrs. McKenna, Carlisle and Groover 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 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 616. By Messrs. Lokey and H. Smith of Fulton:
A bill to amend an act entitled an act to incorporate the City of Hapeville, so as to provide for the expense of paving of streets and the placing of sewerage and water within 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 615: By Mr. Harrison of Wayne:
A bill to amend an act creating a new charter for the City of Jasper; and for other purposes.
FRIDAY, FEBRUARY 17, 1956
903
The Committee on County and Municipal Governments offered the follow ing amendment:
Amend HB 615 by deleting the word "Jasper" in caption of the bill and inserting the word "Jesup".
Amend HB 615 by deleting Section 7 in its entirety.
On the adoption of the amendment, the ayes were 31, 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.
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 617. By Messrs. Rutland, McWhorter and Mackay of DeKalb:
A bill to amend an act approved Feb. 14, 1951 (Ga. Laws 1951, p. 2401) creating the civil court of DeKalb County, by increasing the juris diction of such court in civil cases; by fixing the amount of advance cost deposits; by fixing the salary of 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 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 618. By Messrs. Foster and Blalock of Clayton:
A bill to amend an act incorporating the City of Lake City, 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 619. By Mr. Coker of Cherokee: A bill to repeal an act entitled "an act to place the clerk of the superior court, the ordinary, the tax commissioner and the sheriff of Cherokee County on a salary basis in lieu of a fee basis;" and for other pur poses.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
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On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 621. By Mr. Souter of Macon:
A bill to amend an act creating a board of commissioners of roads and revenue for the County of Macon; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 625. By Mr. McGarity of Henry:
A bill to amend an act to provide for the regulation of the installation of warm air heating equipment in certain counties; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HR 207. By Mr. Mashburn of Forsyth:
A resolution authorizing the state librarian to furnish to the superior court of Forsyth County, without cost to said county, certain law books; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 31, nays 0.
The resolution, having received the requisite constitutional majority, was
adopted.
.
HR 211. By Mr. Denmark of Liberty:
A resolution authorizing and directing the state librarian to furnish to the judge of the city court of Hinesville certain law books; 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 50, nays 0.
FRIDAY, FEBRUARY 17, 1956
905
The resolution, having failed to receive the requisite constitutional ma jority, was adopted.
HR 236. By Mr. Wooten of Randolph:
A resolution requesting the state librarian to furnish to the superior court of Randolph County certain law books; 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 39, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 237. By Mr. Wooten of Randolph:
A resolution to provide the court of ordinary of Randolph County cer tain enumerated law books; and for other purposes.
The report of the committee, wnich 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.
HB 547. By Messrs. Sheffield of Brooks, Raulerson of Echols and others:
A bill to provide for a supplement to the compensation of the judge of the superior courts of the Southern Judicial Circuit; to provide for the payment of such supplement in specified amounts by the coun ties comprising the Southern Judicial Circuit; 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 33, nays 0. The bill, having received the requisite constitutional majority, was passed.
Senator McDonald of the 43rd moved that the Senate disagree with the ad verse report of the Committee on Judiciary on the following bill of the House:
HB 274. By Mr. Lanier of Candler:
A bill to amend an act creating the department of public safety, and providing for the issuance, suspension and revocation of driver's licenses; and for other purposes.
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On the motion to disagree, the ayes were 29, nays 0, and the report was disagreed to.
The following resolutions were read and adopted:
SR 54. By Senators Millican of the 52nd and Overby of the 33rd:
A resolution providing for the appointment of a committee of both House and Senate members to work with other state officials in charge of the Capitol Building so that committee rooms may be of the proper size and location; and for other purposes.
SR 55. By Senator Harper of the 26th:
A resolution to authorize a committee to confer in Washington, D. C. with the Georgia Congressional Delegation concerning the automotive training school of the Atlanta General Depot; and for other purposes.
SR 56. By Senators Ricketson of the 19th and Mann of the 48th:
A resolution relative to the establishment of a memorial to Georgians who gave their lives while serving in the armed forces; and for other purposes.
The following resolution was read the first time and referred to committee:
HR 250. By Messrs. Tanner and Hayes of Coffee:
A resolution stating that the General Assembly of the state of Georgia is opposed to any increase in the freight rate for railroad carriers; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
The following local uncontested bills were read the third time and put upon their passage:
HR 83. By Messrs. Register and Mathis of Lowndes:
A RESOLUTION
Proposing to the qualified voters of Lowndes County, an amend ment to the Constitution of Georgia so as to provide for the election of members of the Lowndes County Board of Education by the people; to provide for the qualification, residence and term of office and num ber of said members of the Lowndes County Board of Education to be elected; proposing to the qualified voters of Lowndes County aja. amend ment to the Constitution of Georgia so as to provide for the selection and appintment of the Lowndes County School Superintendent by the Lowndes County Board of Education; to provide for the qualifications and term of office of the Superintendent; and to provide for the submis sion of this amendment to the qualified voters for ratification or rejec tion; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA.
FRIDAY, FEBRUARY 17, 1956
907
SECTION 1.
That Article VIII, Section V, Paragraph I of the Constitution of the State of Georgia of 1945 is hereby amended by adding at the end thereof the following:
"The County Board of Education of Lowndes County shall be composed of five citizens who are freeholders, who shall be elected by the qualified voters residing in that portion of Lowndes County which is now or may hereafter be under the jurisdiction of the Lowndes County Board of Education, and who shall be of good moral character, shall have a fair knowledge of the elementary branch of an English education, shall be favorable to the common school system, shall be qualified to vote for the members of the General Assembly of the State of Georgia, and shall reside in that portion of Lowndes County which is outside the corporate limits of the City of Valdosta. The compensation of the members of the County Board of Education shall be as provided by law.
"From and after the ratification of this amendment, the Grand Jury of Lowndes County shall no longer select members of the Lowndes County Board of Education, provided that the members of the Board who shall be in office at the time of the ratification of this amendment shall continue to hold office and perform all of the duties of Board members until the new members provided for by this amendment are duly elected and take office.
"The Ordinary pf Lowndes County shall call an election within ten days after the ratification of this amendment, which election shall be held within twenty days from the day called, at which elec tion five members of the Lowndes County Board of Education shall be elected and their terms of office shall begin on the first Tues day of December, 1956. The person receiving the highest number of votes in this election shall be elected for a term of six years; the person receiving the second highest number of votes shall be elected for a term of four years; the person receiving the third highest number of votes shall be elected for a term of four years; the person receiving the fourth highest number of votes shall be elected for a term of two years; the person receiving the fifth highest number of votes shall be elected for a term of two years.
"Thereafter, the Board members shall be elected on the first Tuesday of November of each year in an election held by the Ordi nary for that purpose, and the person or persons (where more than one office is to be filled) receiving the highest number of votes cast in said election shall be elected to serve for six years, and until his or their successors are duly elected and qualified. The person re ceiving the next highest number of votes in said election shall be elected to fill the office, if any, vacated during the year and shall succeed any member who has for any reason vacated his term of office. If for any reason more than one office shall have been va cated during the year, as aforesaid, then and in that event the per son receiving the next highest number of votes cast in said election shall be elected to fill the office of the next longest unexpired term -in which there is a vacancy. The person so elected who shall receive the lowest number of votes of any person elected shall be elected for the shortest unexpired term in which there is a vacancy.
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"Members elected to the Board of Education shall hold office during the term to which they are elected and until their successors are duly elected and qualified.
"In the event of a vacancy on said Board by death or resig nation of a member or from any cause other than the expiration of such member's term of office, the Board shall by secret ballot elect his successor who shall hold office until the next regular Board-member election, at which time the successor member of the Board shall be elected for the unexpired term.
"When and in the event the independent school district in and for the City of Valdosta merges with the Lowndes County School District and becomes a part thereof, five residents of the City of Valdosta qualified to be members of the Lowndes County Board of Education shall be elected, in like manner and for like terms of office as other members of the Lowndes County Board of Education; so that, thereafter, there shall be ten members of the Lowndes County Board of Education, five of whom shall be residents of the City of Valdosta. Thereafter the ten member Board of Education will be elected by the qualified voters of Lowndes County, including those residing within the corporate limits of the City of Valdosta. Provided, that the Valdosta Board of Education shall manage the schools under their jurisdiction until said additional five members of the Lowndes County Board of Education have been elected and qualified.
SECTION 2.
BE IT FURTHER RESOLVED by the authority aforesaid that Article VIII, Section VI, Paragraph I of the Constitution of the State of Georgia of 1945 be amended by adding thereto the following:
"The County School Superintendent of Lowndes County shall be selected and appointed by the County Board of Education for a term to be designated by the Board and he shall hold office until his successor is selected, appointed and qualified; provided that from and after the ratification of this amendment, the voters shall no longer elect the Lowndes County School Superintendent, pro vided that the Superintendent in office at the time of the ratification of this amendment shall serve until December 31, 1956, and until his successor is duly selected, appointed and qualified, as herein provided. The compensation of the Superintendent shall be as pro vided by law.
"The first Superintendent appointed under this amendment shall take office on January 1, 1957.
Before any person shall be qualified or eligible to hold office as County School Superintendent of Lowndes County, he shall be a citizen of the United States, shall have had at least two years' prac tical experience in school administration during the five-year period immediately preceding his selection and appointment, and shall have completed a minimum of five years of college training and shall have graduated from an accredited college or University and shall hold the degree of Master of Arts or an equivalent Master's De gree with special training in school administration."
FRIDAY, FEBRUARY 17, 1956
909
SECTION 3.
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 provided in Article XIII, Sec tion I, Paragraph I of the Constitution of the State of Georgia of 1945, as amended, for two months previous to the time of the general election at which time the above proposed amendment shall be submitted for ratification or rejection to the electors of this State.
The ballot submitting the above proposed amendment shall have written or printed thereon the following: "For the ratification of the amendment to Article VIII, Section V, Paragraph I of the Constitution of the State of Georgia, and to Article VIII, Section VI, Paragraph I, of the Constitution of the State of Georgia, authorizing the election of the members of the Lowndes County Board of Education by the quali fied voters and for the selection and appointment of the County Super intendent of Schools of Lowndes County by said Board." "Against the ratification of the amendment to Article VIII, Section V, Paragraph I, and to Article VIII, Section VI, Paragraph I of the Constitution of the State of Georgia, authorizing the election of the members of the Lowndes County Board of Education by the qualified voters and for the selection and appointment of the County Superintendent of Schools of Lowndes County by said Board".
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If the people shall ratify such amendment by a majority of the electors qualified to vote 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 for members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof.
Senator Wetherington of the 6th offered the following amendment:
Amend HR 83 as follows:
1. Section 1 of said Resolution is hereby amended by striking said Section 1 in its entirety and substituting in lieu thereof the following:
"SECTION 1.
Article VIII, Section V, Paragraph 1 of the Constitution of the State of Georgia of 1945 is hereby amended by adding at the end thereof the following:
'The Board of Education of Lowndes County shall be composed of five (5) members, to be elected as hereinafter provided. For the purpose of electing the members, Lowndes County is hereby divided into five (5) Education Districts. Hahira District shall be composed of Militia District No. 658 and Militia District No. 1267. Valdosta-Pine Grove-Barrett Education District shall be composed
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of Militia District No. 663 Militia District No. 307, and Militia District No. 1886 Naylor Education District shall be composed of Militia District No. 661. Lake Park-Dasher Education District shall be composed of Militia District No. 1268 and Militia District No. 1500. Clyattville-Ousley Education District shall be composed of Militia District No. 246 and Militia District No. 662. Each Educa tion District shall be entitled to one member on the Board of Edu cation. Each member of the Board shall be elected only by the voters of the Education District which such member is to represent. Any person offering as a candidate to represent an education Dis trict on the Board must have resided in the District he seeks to represent for a period of at least one year prior to the time he qualifies as such candidate. No person who resides in any part of Lowndes County embraced within the territory of an independent school system shall be eligible for election as a member of the Board, nor may any such person be eligible to vote in any election to elect members of the Board. Each member of the Lowndes County Board of Education shall be a freeholder, shall be of good moral character, shall have a fair knowledge of the elementary branch of an English education, shall be favorable to the common school system, and shall be qualified to vote for the members of the Gen eral Assembly of the State of Georgia.
'In the event this Amendment is ratified, it shall be the duty of the Ordinary of Lowndes County to call an election within ten (10) days after such ratification, which election shall be held within twenty (20) days from the day called. Such election shall be for the purpose of electing the members of the Board of Education of Lowndes County created under this Amendment, and it shall be the duty of the Ordinary to publish the date of the election, the purpose thereof, and a brief explanation of the voting procedure by districts at least twice preceeding the date of the election in the official organ of Lowndes County. The members elected at such election shall take office January 1, 1957. Such members and all future members shall serve for a term of four (4) years and until their successors are elected and qualified. All future elections shall be held quadrennially on the same day that county officials are elected, and the persons elected shall take office the following January 1. In case of a vacancy on the Board for any cause other than expiration of term of office, the remaining members of the Board shall elect a person who shall serve for the unexpired term.
'The Board of Education of Lowndes County in effect at the time of the ratification of this Amendment shall be abolished ef fective December 31, 1956, and the terms of office of all members of such Board shall expire on such date.
'The County Board of Education as provided herein shall be subject to all Constitutional provisions and all statutory provisions relative to County Board of Education, unless such provisions are in conflict with the provisions of this Amendment.' "
2. By striking Section 2 of said Resolution in its entirety, said Section 2 providing for the appointment of the County School Super intendent of Lowndes County by the County Board of Education.
3. By striking the second paragraph of Section 3 of said Resolution in its entirety and substituting in lieu thereof the following:
FRIDAY, FEBRUARY 17, 1956
911
"The ballots submitting the above proposed Amendment shall have written or printed thereon the following:
'For the ratification of the Amendment to Article VIII, Section V, Paragraph 1 of the Constitution of the State of Georgia, authoriz ing the election of the members of the Lowndes County Board of Education by the qualified voters.'
'Against the ratification of the Amendment to Article VIII, Section V, Paragraph 1 of the Constitution of the State of Georgia, authorizing the election of the members of the Lowndes County Board of Education by the qualified voters.' "
On the adoption of the amendment, the ayes were 36, nays 0.
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:
Ayers Blalock Chance Clary Davis Dews Garrett Harden Harrison Hollis Hoiisley Jones, 18th Kelly
Lambert Mann Millican Neel Overby Page Parker Paulk Ponsell Raulerson Reynolds Ricketson Roop
Seagraves Shurling Steis Toms Turner Warnell Waters
Wetherington Wilkins Wood Zellner
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 37, nays 0.
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted as amended.
The following bill was taken up for the purpose of considering a House amendment thereto:
SB 159. By 'Senator Millican of the 52nd:
A bill to amend an act creating a joint city-county board of tax assessors in all counties having all or the greater part of population of 300,000 or more; so as to provide for a public record of assessments on real estate; to provide for a review of that assessment; to provide for the assessment of delinquent taxpayers; to provide for a remedy by equity; to repeal conflicting laws; and for other purposes.
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The House amendment was as follows:
The Committee on County and Municipal Government moved to amend Section 3 by deleting from lines 5 and 6 the words "or his prop erty has been assessed for taxation at a figure grossly below its true value",
Further amend Section 3 by deleting from line 10 the comma fol lowing the word "undervaluation" and the word "either" immediately thereafter, and from lines 10 and 11 the words "or by the tax assessor".
Further amend Section 3 by deleting from line 14 the words "or assessed".
Further amend Section 3 by changing the period at the end of said section to a semi-colon and adding immediately thereafter the following:
"provided, further, that, where the owner of property has returned the same for taxation at the time the return should have been made, the right of the joint board of tax assessors to require, under the authority of this act, a further return of such property, on the ground that the owner has grossly undervalued the same shall expire on De cember 31 of the year for which the assessment was made or on the payment of all taxes due on the assessment for such year, whichever date shall occur later."
Senator Millican of the 52nd 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 was taken up for the purpose of considering a House substitute thereto:
SB 141. By Senator Millican of the 52nd:
A bill to amend an act establishing a new charter for the city of At lanta, approved February 28, 1874, and the several acts amendatory thereof; and for other purposes.
The House substitute was as follows:
A BILL
To be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA and it is hereby enacted by authority of the same that an Act entitled "An Act to establish a new charter for the City of Atlanta, approved February 28, 1874," and the several Acts amendatory thereof, be further amended as follows:
SECTION 1.
A copy of notice of intention to apply for this local legislation and
FRIDAY, FEBRUARY 17, 1956
913
an affidavit showing the publication of such notice as required by law are attached hereto and made a part of this bill, and it is hereby de clared that all the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law.
SECTION 2.
The office of "Comptroller" for the Board of Education is hereby created. He shall be elected by the Board at its first meeting in July, 1956 and shall hold office for a term of four (4) years, or until his successor is elected and qualified. His salary shall be fixed by the Board of Education. He shall give bond in the sum of Ten Thousand ($10,000.00) Dollars with security, subject to the approval of the Board of Education, conditioned for the faithful performance of his duties. He shall be hereafter referred to in this charter amendment as the "Comptroller".
SECTION 3.
The "Comptroller" shall have the same responsibility and duty with respect to funds and accounts of the Board of Education as the City Comptroller has under his charter with respect to the general finances of the city. It shall be his duty to pass upon all warrants or claims which shall be presented to him for payment and he shall have power to require evidence that the amount claimed is justly due and for that purpose may summon before him any office or employee of the Board of Education or any other person and may require the production of books and papers to be used as evidence before him.
SECTION 4.
There shall be established in the Department of Education a Bud get Commission, which shall consist of the "Comptroller", the Superin tendent of Schools, the President of the Board of Education and two (2) members of the Board of Education. The "Comptroller", the Superin tendent of Schools and the President shall be ex officio members. The two (2) members of the Board shall be elected at the first meeting of the Board in the fiscal year.
SECTION 5.
The fiscal year of the Board of Education shall begin on the first day of January and continue through the 31st day of December. On the second Wednesday in November, at a public meeting called for that purpose by the Board of Education, the "Comptroller" shall submit to the Board of Education a budget, certified by the Budget Commission, containing the financial plan for the conduct of the affairs of the Board of Education for the ensuing year. The budget shall be accompanied by an explanatory message and may include recommendations as to capital projects to be undertaken by the Board of Education within the ensuing fiscal year and within the five (5) succeeding years.
SECTION 6.
In the preparation of the budget, the Budget Commission, through the "Comptroller" or an officer designated by him, shall, at such date as he shall determine, obtain from the head of each department of the
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Board of Education estimates of revenues and expenditures of that de partment or agency, detailed by organization units and character and object of expenditure and such other supporting data as he may re quest; together with an estimate of all capital projects pending or which he believes should be undertaken (a) within the next fiscal year or (b) within the five (5) succeeding years. The Budget Commission shall review the estimates, shall hold public hearings thereon, and may revise the estimates, as they may deem advisable and shall approve the budget, explanatory message, and recommendations before submission to the Board of Education by the "Comptroller" on behalf of the Budget Com mission.
SECTION 7.
The budget shall provide a complete financial plan for the ensuing fiscal year and shall include, but not be limited to, (a) detailed estimate of all anticipated revenue applicable to proposed expenditures, (b) pro posed expenditures with enumeration of debt service requirements, ap propriations required by statute and other purposes, and (c) compara tive data on the last completed fiscal year and actual and estimated data for current fiscal year.
SECTION 8.
The Budget Commission shall include in its anticipation for the next fiscal year a sum not to exceed the actual revenue collected by the Board of Education from all sources during the period from January 1st to October 30th of the current fiscal year and the estimated reve nue for the remainder of the fiscal year, provided that there may be added to such anticipations a sum equal to not more than eighty-five (85%) percent of all tax executions on real estate and fifty (50%) percent on tax executions on personal property not more than three years old and choses in action owned by the Board of Education and certified by the Municipal Revenue Collector as being solvent and col lectible. Actual revenue shall include income of a recurring nature but shall not include the proceeds from the sale of real estate or from insur ance thereon, nor shall actual revenue include any surplus or unencum bered or unappropriated cash balances carried forward from one fiscal year to the next. However, in the preparation of the budget there shall be added to the anticipated revenues the amount anticipated as being available the next fiscal year from surplus, unencumbered or unap propriated funds but when the actual amount of funds aforementioned is known, the budget shall be adjusted accordingly. Provided, however, that for the calendar year beginning January 1, 1957 the anticipated revenue from all sources as hereinbefore enumerated may be increased by not more than the percentum that the certified enrollment in the system for the 1956-1957 fiscal year exceeds the 1955-1956 enrollment for the same period. Provided further that for the fiscal years beginning January 1, 1958, 1959, 1960, the ratio of increase in enrollment of the then current school year to that of the preceding school year to increase anticipated revenue may be used, but beginning January 1, 1961 the anticipated revenue may not exceed that of the preceding fiscal year.
SECTION 9.
A summary of the budget submitted by the "Comptroller" shall be published on or before the last Wednesday in November in a daily newspaper. The budget as submitted and all supporting data shall be a
FRIDAY, FEBRUARY 17, 1956
915
public record open to inspection by anyone and shall be filed in the office of the Secretary of the Board of Education and in the office of the "Comptroller" for such purpose. The Board of Education shall consider the budget submitted as hereinbefore provided at the regular meeting the second Wednesday in December, which shall be a public meeting. Should the Board of Education desire to propose changes; increase or decrease items of the budget, or otherwise revise the budget as submitted, such proposals shall be announced and recorded at said meeting, provided, however, the total expenditures, including the changes, shall at no time exceed the total of the anticipated revenue as certified by the Budget Commission to the Board of Education.
SECTION 10.
The budget shall be finally adopted by the Board of Education at, or before, the adjournment of their regular meeting for the month of January, which shall be a public meeting, and upon adoption it shall relate back to the first of the year and shall cover the full fiscal year. Within one week after the adoption of the budget a summary thereof shall be published as hereinbefore provided for the publication of the summary of the budget. A copy of the budget as finally adopted shall be certified by the Budget Commission and shall be filed in the office of the Secretary of the Board of Education. The budget so certified shall be printed, mimeographed or otherwise reproduced and sufficient copies thereof shall be made available for the use of all officers, department and agency heads, and for the use of the public.
SECTION 11.
In the event of a change in the personnel of the Board of Educa tion between the December meeting referred to in Section 9, and the January meeting referred to in Section 10, a public meeting of the Board of Education may be called in January prior to the regular Janu ary meeting, at which called meeting the proposed budget may be con sidered and revised in all respects as fully as it could at said Decem ber meeting.
SECTION 12.
The budget so adopted shall not be changed or altered during the fiscal year and the Board of Education may not vary the titles, descrip tions or conditions of administration specified in the Budget, except in the manner provided hereinafter. Any proposal to insert any addi tional item, increase or decrease any item or appropriation, transfer any item or to revise the budget in any particular shall be made only at a regular meeting of the Board of Education and shall not be adopted until the next succeeding meeting of the Board of Education. No such revisions or changes in the budget as herein provided shall be made during the last two months of the fiscal year, except in case of emer gency. Before any revision or change in the budget shall be made dur ing the last two months of the fiscal year, the Board of Education shall first determine that an emergency exists and advertise such determi nation of emergency in a daily newspaper, together with an explanation of the facts constituting the emergency, and a notice of a public meet ing of the Board of Education to consider such proposed revision or change in the budget. Such public meeting shall be held not less than 48 hours after publication of the notice. No such budget revision or change shall be made except at a public meeting of the Board of Edu-
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JOURNAL OP THE SENATE,
cation. The Board of Education shall have no authority to transfer funds set aside for debt service or for the payment of outstanding obli gations to any other purpose until all such obligations are paid. Should the anticipated income of the Board of Education be either increased or decreased by law, by a change in the tax rate or by changes in grants and aid from other governments, the Budget Commission shall, within a period of ten (10) days certify to the Board of Education the amount of the revised revenues for the balance of the fiscal year and such Board of Education, upon certification by the Budget Commission, shall adjust the budget accordingly. However, should any property of the Board of Education be damaged or destroyed by fire, windstorm or other cas ualty, the Board of Education may appropriate at any time for the restoration of such property any amount realized from insurance thereon, but any additional appropriations shall comply with the formalities herein provided.
SECTION 13.
This Act shall not affect the expenditure of any monies derived from bonds that are issued and sold by the City of Atlanta in accordance with the laws of the State of Georgia. Nothing herein shall be con strued to restrain or limit the Board of Education in the amount of taxes that may be levied by them which are otherwise authorized by law.
SECTION 14.
From and after the effective date of this Act, any warrants issued or indebtedness incurred by the Board of Education in excess of the appropriations provided in the budget, or without a valid appropriation in a budget compiled as herein required, shall be absolutely void as obligations of the Board of Education but shall constitute a personal liability upon each member of the Board of Education individually.
SECTION 15.
The budget prepared in accordance with this Act shall fix the salaries and expenses of all officers and employees of the Board of Education, which shall not be increased by the Board of Education after the adoption of the budget in January, as provided in Section 10 of this Act. Provided, however, this shall not apply to salaries fixed by law. Provided, however, that this restriction shall not apply where it is necsary to make salary adjustments to comply with regulations issued by the Board of Education of the State.
SECTION 16.
It shall be the duty of the Board of Education to cause a compre hensive audit to be made annually of all the departments, which audit shall be made by independent certified public accountants. When com pleted, the audit shall be filed with the "Comptroller" of the Board of Education not later than November 1st of each year covering the finan cial operations of the government for the preceding year. Upon receipt of the audit, the "Comptroller" of the Board of Education shall forth with have complete copies of all such reports transmitted to the grand jury of Pulton County then in session; and shall also send complete copies of said reports to the Atlanta Public Library, the Atlanta Cham ber of Commerce and to each member of the Board of Education, and to the Mayor and Board of Aldermen; and shall send copies of each de-
FRIDAY, FEBRUARY 17, 1956
917
partmental audit to the department heads concerned. The grand jury of such county then in session, upon the receipt of said copies of the complete audit, after its consideration and examination of the same shall retransmit said copies, together with its recommendations, to the "Comptroller" of the Board of Education. Copies of all or any part of said audit shall be available to any interested party at actual cost.
SECTION 17.
Be it further enacted that each and every phrase, clause and part of this Act is separately enacted, and should any part or section of this Act be held invalid for any reason, it is hereby declared the intent and purpose of the General Assembly that the remaining valid portions of this Act shall remain in full force and effect.
SECTION 18.
The failure to substantially comply with the provisions of this Act shall be grounds to enjoin the levy of any taxes, the proceeds of which are used in the budget expenditures herein provided for.
SECTION 19.
All laws and parts of laws in conflict herewith are hereby repealed.
Senator Millican of the 52nd moved that the Senate agree to the House substitute.
On the motion to agree, the ayes were 29, nays 0, and the substitute was agreed to.
HR 178. By Mr. Groover of Bibb:
A resolution providing for the exchange of certain lands in Pulaski 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 33, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 180. By Mr. Groover of Bibb: A resolution authorizing the conveyance of certain lands in Pulaski 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 37, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
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JOURNAL OF THE SENATE,
The following general bills were read the third time and put upon their passage:
HB 25. By Messrs. Scoggin of Floyd and Groover of Bibb:
A bill to amend an act known as the "Motor Vehicle Safety Responsi bility Act", approved February 21, 1951 (Ga. laws 1951, p. 565), and for other purposes.
The report 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 report of a Committee of Conference was read by the secretary:
Mr. President and Mr. Speaker:
Your Committee on Conference on SB 30 has met and recommends that the House and Senate adopt the following amendment in lieu of the amendment proposed by the House.
Add to Section 3 the following:
Also in municipalities now having branches of a bank with a holding company relation, such banks may make branches of existing holding company banks; and in the future in cities of over 80,000 population, according to the 1950 or any subsequent census, now having branches of a bank, present branches will have the same privilege of additional branches as permitted to other banks.
And to amend the caption accordingly.
Respectfully submitted,
/s/ Cheatham of Chatham /s/ Harrell of Grady /s/ C. E. Brown /s/ E. R. Lambert /s/ C. L. Ayers /s/ Howell Hollis
Senator Overby of the 33rd moved that the report of the Committee of Con ference be adopted.
On the motion to adopt, the ayes were 37, nays 4, and the report of the Com mittee of Conference was adopted.
HR 227. By Mr. Mauldin of Gordon and others:
A resolution to authorize the Governor of Georgia to declare the present National Guard Armory and Warehouse located in Calhoun, Gordon County, Georgia, obsolete and abandoned by the National Guard of
FRIDAY, FEBRUARY 17, 1956
919
Georgia upon completion of the new National Guard Armory Building in Calhoun; 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.
HR 230. By Mr. Scoggin of Floyd and others:
A resolution to authorize the Governor in behalf of the state of Georgia to reconvey to the city of Calhoun, Gordon County, a tract of land form erly conveyed to the state by said city; 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.
The following message was received from the House through Mr. Boone the Clerk thereof:
Mr. President:
The House has passed by substitute by the requisite constitutional majority the following bills of the Senate to wit:
SB 14. By Senators Harper of the 26th, Brooks of the 50th, Turner of the 34th
and Ursrey of the 54th: A bill to create certain regulations concerning insurance companies which sell accident and sickness and hospitalization insurance; to repeal conflicting laws; and for other purposes.
The House has passed as amended by the requisite constitutional majority the following bill of the Senate to-wit:
SB 120. By Senators Steis of the 25th and Ricketson of the 19th:
A bill to provide for the issuance of automobile license tags to disabled veterans; and for other purposes.
HB 27. By Mr. Twitty of Mitchell:
A bill creating a board to be known as the State Board of Dispensing Opticians; providing a method for the appointment of the members of said board; define the trade or occupation of dispensing opticians; and for' other purposes.
r
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Senator Hollis offered the following amendment:
Amend HB 27 by striking the sentence in Section 12 which reads as follows:
"Each member of the board shall receive $25.00 per diem ex penses when actually engaged in the dicharge of his actual duties and all legitimate and necessary expenses incurred in attendance of all meetings of said Board."
On the adoption of the amendment, the ayes were 32, nays 0, and the amend ment 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 8.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Blalock of the 36th asked unanimous consent that he be recorded as voting no to HB 27.
The consent was granted.
The following bill was taken up for the purpose of considering a House substitute thereto:
SB 14. By Senators Harper of the 26th, Brooks of the 50th, Turner of the 34th and Ursrey of the 54th:
A bill to create certain regulations concerning insurance companies which sell accident and sickness and hospitalization insurance; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:
SB 14. By Senators Harper of the 26th, Brooks of the 50th, Turner of the 34th and Ursrey of the 54th:
A BILL
To be entitled an Act to create certain regulations concerning in surance companies which sell accident, sickness or hospitalization in surance; to provide for defining the terms used in this Act; to provide for explanatory words on insurance policy delivery envelopes; to provide for refund of initial premiums upon request within ten (10) days; to provide for outline of benefits applied for; to provide for certain refunds of premiums on optional renewable and cancellable policies; to provide for certain explanatory words on either optional renewable and cancella ble or non-cancellable and guaranteed renewable policies; to provide for an incontestability clause in certain policies; to provide for exclusion of companies operating under Sections 99-1021 inclusive, and Sections 99-1001-A through 99-1031-A inclusive, and certain other exclusions; to
FRIDAY, FEBRUARY 17, 1956
921
provide for filing policies with the Insurance Commissioner; to provide a severability clause; to provide an effective date; to repeal conflicting laws, and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1.
For the purpose of this Act and except as set forth in Section 10 hereof, the term "accident, sickness or hospitalization insurance" means individual policies and family-group policies which provide insurance against loss resulting from sickness or bodily injury or death by accident, or both. The term "monies paid" as used herein shall mean application fees, premiums or anything of monetary value paid to a company or its agent as consideration for the acceptance of an application for insurance or the continuing of a contract of insurance in force issued by an in surance company doing business under this Act. The term "company" as used herein shall include any company writing accident, sickness and hospitalization insurance within the State of Georgia.
SECTION 2.
Every company authorized to write accident, sickness or hospitaliza tion insurance business in the State of Georgia shall provide a delivery envelope for the delivery of such policies issued to Georgia residents on which envelope shall be printed or stamped across face thereof in bold type and red ink: "IMPORTANT INSURANCE POLICY--PLEASE READ."
SECTION 3.
Every company authorized to write accident, sickness or hospitaliza tion insurance in the State of Georgia shall be required on such policies issued to residents of Georgia to refund all monies paid if within ten days after the delivery of a sickness, accident or hospitalization policy the insured returns said policy to the company or an authorized representative thereof and requests such refund. Each such policy shall have printed thereon or enclosed therewith a notice stating in substance that such a refund will be made upon request.
SECTION 4.
Every company authorized to write accident, sickness or hospital ization insurance in the State of Georgia shall furnish to any applicant for such insurance residing in the State of Georgia a written outline showing the major coverage of the policy applied for, the major exclu sions of the policy applied for, the renewal provisions of the policy applied for, and a reference to the policy as respects further provisions. Such written outline shall be given to the applicant at the time of sign ing the application for such policy and the forms of such outlines shall be subject to the same requirements for filing and approval as are set forth for the filing and approval of policy forms in Section 12 hereof.
SECTION 5.
Every company authorized to write accident, sickness or hospital ization insurance in the State of Georgia issuing such policies renew able at the option of the company or such policies cancellable at the option of the company to residents of the State of Georgia shall not
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decline to accept timely payments of renewal premiums thereon or exer cise their optional right to cancel unless such company shall tender to the premium payor 75% of the difference between the monies paid and the claims benefits received in cases where the amount of premiums exceed the amount of claims benefits received. The requirements of this Section shall not apply to cancellation of such policies or refusal to accept renewal premiums for such policies when the policyholder reaches the age limit set forth in the policy or in the company's schedule of premium rates on file with the Georgia Insurance Department, such age limit in any event to be not less than age 60; nor, in the case of accident and sickness policies only, shall this Section apply to cancella tion or refusal to accept renewal premiums because of change in occu pation of the policyholder to an occupation generally classified by the company as to all applicants as uninsurable.
SECTION 6.
Every company authorized to write accident, sickness or hospitalization insurance in the State of Georgia issuing to residents of the State of Georgia such policies cancellable or renewable at the option of the company shall print on either the top or the bottom of the first page and on the filing back of such policies in bold face type the following words or words of similar import not less favorable to the policyholder, "Cancellable at the option of the company", or "Renewable at the option of the company", as the case may be. If the policy contains a brief de scription this provisions shall also be incorporated therein.
SECTION 7.
Every company authorized to write accident, sickness or hospitalization insurance in the State of Georgia shall include in such policies in a provision thereof or in an endorsement thereon or in a rider attached thereto a statement as follows, or a statement of substantially similar wording but which is not less favorable to the policyholder: "INCON TESTABLE PROVISION, (a) After 2 years from the policy date no misstatements except fraudulent misstatements made by the applicant in the application for this policy shall be used to void this policy or to deny a claim for loss of time (as defined in the policy) commencing or other loss incurred after the expiration of such 2 year period, (b) No claim for loss of time (as defined in the policy) commencing or other loss incurred after 2 years from the policy date shall be reduced or denied on the grounds that a disease or physical condition not excluded from coverage by name or specific description, effective on the date of loss had existed prior to the effective date of coverage of this policy."
SECTION 8.
Every company authorized to write accident, sickness or hospitalization insurance in the State of Georgia and issuing such policies in the State of Georgia represented to be non-cancellable and guaranteed renewable shall include therein a statement as follows, or a statement of substantially similar wording but which is less favorable to the policyholder: "This policy may be maintained in force by the insured upon timely payment of premiums to age 60." In all advertising of such policies, the maximum age to which the policy is non-cancellable or guar anteed renewable, must be stated.
SECTION 9.
Every company authorized to write accident, sickness or hospital-
FRIDAY, FEBRUARY 17, 1956
923
ization insurance in the State of Georiga issuing such policies of acci dent, sickness or hospitalization insurance in the State of Georgia in which the company reserves the right to refuse to renew or to cancel the policy except for non-payment of premiums when due shall provide, in substance, in such policies, in a provision thereof or in an endorse ment thereon or in a rider attached thereto, that the company may not refuse timely renewal of the policy except at the renewal date occurring on or after and nearest to each anniversary date thereof or in the case of lapse and reinstatement at the renewal date occurring on or after and nearest to each anniversary date of the last reinstatement. Except for non-payment of premium, the company shall give to the policyholder not less than 30 days written notice of its intention to cancel or to refuse to accept renewal premium.
SECTION 10.
Nothing in this Act shall apply to or affect (1) any policy of work men's compensate insurance or any policy of liability insurance with or without supplementary expense coverage therein; or (2) any policy or contract of reinsurance; or (3) any policy, the renewal of which is sub ject to continuation of 'employment with a specified employer, or any blanket or group policy of insurance, or any policy issued pursuant to the exercise of conversion privileges provided for in group insurance policies; or (4) life insurance, endowment or annuity contracts, or con tracts supplemental thereto which contain only such provisions relating "to accident and sickness insurance as (a) provide additional benefits in case of death or dismemberment or loss of sight by accident, or as (b) operate to safeguard such contracts against lapse, or to give a special surrender value'or special benefit or an annuity in the event that the insured or annuitant shall become totally and permanently disabled, as defined by the contract or supplemental contract; or to any policy of accident, sickness or hospitalization insurance issued prior to the effec tive date of this Act.
SECTION 11.
The provisions of this Act shall not apply to companies, organization or associations dperating under Section 99-1001 through 99-1021 inclu sive and Sections 99-1001-A through 99-1031-A inclusive of the Code of the State of Georgia.
SECTION 12.
No individual or family group policy of accident, sickness or hos pitalization may be issued for delivery in the State of Georgia until a copy of such policy has been filed with and approved by the Insurance Commissioner of Georgia. The Commissioner shall approve or dis approve the form of, such policies not later than 30 days after such policy forms are filed, otherwise such policies shall be deemed to be approved. If disapproved, the Commissioner shall notify the company submitting such policy forms in writing, stating the reasons for such disapproval. The Commissioner may withdraw approval of a policy form previously approved, after formal hearing, notice of which hearing shall be given to the company in writing at least 20 days in advance. The action of the Commissioner in approving disapproving or with drawing approval of any such policy form may be reviewed by certiorari to the Superior Court of Fulton County, Georgia, as in other cases pro vided by law.
924
JOURNAL OF THE SENATE,
Any policy which by its terms otherwise may be approved for issue in the State of Georgia may be brought into conformity with the re quirements of this Act by rider or endorsement.
SECTION 13.
Any person, association, company or corporation violating any of the provisions of this Act shall be deemed guilty of a misdemeanor.
SECTION 14.
If any part or parts of this Act shall be held to be unconstitutional, such unconstitutionality shall not affect the validity of the remaining parts of this Act. The Legislature hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts thereof would be declared unconstitutional.
SECTION 15.
The provisions of this Act shall become effective July 1, 1956.
SECTION 16.
All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Harper of the 26th moved that the Senate agree to the House sub stitute.
On the motion, the ayes were 33, nays 0, and the substitute was agreed to.
The following bill was taken up for the purpose of considering a House amendment thereto:
SB 120. By Senators Steis of the 25th and Ricketson of the 19th:
A bill to provide for the issuance of automobile license tags to disabled veterans; to prescribe the procedure connected therewith; to repeal conflicting laws; and for other purposes.
The House amendment was as follows:
Mr. Floyd of Chattooga moved to amend SB 120 by striking the words "in line 7 of Section 1 after the word 'proof of ownership of an automobile which he is operating or owning as a disabled veteran and which has initially been furnished him free of charge by the United State Government." and by inserting in lieu thereof the words "that he has been furnished an automobile free of charge by the United States Government."
Senator Steis of the 25th moved that the Senate agree to the House amend ment.
On the motion to agree, the ayes were 28, nays 0, and the amendment was agreed to.
The following resolutions were read and adopted:
FRIDAY, FEBRUARY 17, 1956
925
SR 57. By Senator Turner of the 34th:
A resolution extending the sincere appreciation of the Senate to the Southern Bell Telephone Company for providing a telephone center with switchboard and private booths for members of the Senate in the dispatch of business of state and for their personal convenience; and for other purposes.
SR 58. By Entire Senate Membership:
A resolution thanking the Lieutenant Governor and Mrs. Vandiver for entertaining the members of this Body and their ladies at a delightful banquet at the Atlanta Athletic Club on Wednesday, February 15, 1956.
HB 54. By Mr. Jones of Laurens:
A bill to provide that any person who has been indicated for a capital felony may enter a plea of guilty at any time after his indictment, and the judge of the superior court having jurisdiction may, in his discretion, during term time or vacation, and without the necessity of a recommenda tion of mercy by a jury, sentence such person to life imprisonment or any lesser punishment authorized by law for the offense named in the indictment; 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 502. By Messrs. Eyler and Sognier of Chatham:
A bill to amend code section 84-9925 of the 1933 code of Georgia, relating to violation of the law by billiard room licenses, so as to provide that the punishment for violations of chapter 84-16 of the 1933 code shall be punishment as for a misdemenaor; 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 503. By Mr. Eyler of Chatham:
A bill to repeal section 67-1906 of the code of Georgia relating to the sale of unclaimed laundry and cleaning at public outcry; 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.
926
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 80. By Mr. Bolton of Spalding:
A bill to amend an act known as the "Georgia Retailers' and Consumers' Sales and Use Tax 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill was taken up for the purpose of considering a House amendment thereto:
SR 42. By Senator Millican of the 52nd:
A resolution proposing to the people of Georgia, for ratification or re jection, an amendment to Article VII of the constitution of Georgia of 1945, authorizing the city of Atlanta to incur indebtedness for school purposes; and for other purposes.
The House amendment was as follows:
Mr. Lokey of Fulton moved to amend SR 42 by striking the word "other" from line 14 of Section 1, and substituting in lieu thereof the word "all".
Senator Millican of the 52nd 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.
The following bill was taken up for the purpose of considering a House amendment thereto:
SB 123. By Senator Millican of the 52nd:
A bill to amend an act establishing the criminal court of Atlanta so as to require the solicitor general of said court to maintain a docket on which he shall enter all commitments made to said court from any magistrate, justice, recorders, municipal or civil court, or any other inferior court of said county, having committing powers; and for other purposes.
The House amendment was as follows:
Messrs. M. Smith, H. Smith and Lokey of Fulton moved to amend HB 123 by adding thereto the following section to immediately pre-
FRIDAY, FEBRUARY 17, 1956
927
cede the repealing section, to be appropriately numbered and the re pealing section to be renumbered as follows:
"Section _._._.,,. The said solicitor general of the criminal court shall not after March 1, 1957, engage in the private practice of law but shall devote his full time to the said criminal court."
Senator Millican of the 52nd 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.
HB 205. By Mr. Kennedy of Turner and others:
A bill to amend an act relating to the applicability of the real estate licensing law; so as to provide that such law shall be statewide in appli cation ; and for other purposes.
The Committee on Judiciary offered the following amendment:
Amend HB 205 by adding a new paragraph to read as follows:
"The provisions of this Act shall not apply to regular licensed practicing attorneys where the transaction involves the relation of attorney and client."
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.
Senator Blalock of the 36th moved that HB 205 be tabled.
On the motion to table the ayes were 28, nays 0, and the motion prevailed.
HB 113. By Mr. Groover of Bibb:
A bill to amend an act relating to the Game and Fish Commission and to game and fish; and for other purposes.
The Committee on Agriculture and Natural Resources offered the following amendment:
Amend HB 113 by adding at the end thereof a new section to read as follows:
"Section 23. (a) Said Act is further amended by striking therefrom paragraph (a) of Section 86, relating to the placing of traps, nets, seines, or other devices in rivers, creeks and streams.
(b) Paragraph (b) of said section, relating to the placing of traps and baskets in any waters of this state, is hereby amended by inserting after the word 'basket' in the third line thereof, the
928
JOURNAL OF THE SENATE,
words 'nets, semes', and by designating said paragraph as para graph (a), and paragraph (c) of said section as paragraph (b), so that said paragraph (a) (previously paragraph (b)), when so amended, shall read as follows:
'(a) Any person who shall place or cause to be placed in any of the waters of this State, except private ponds as herein defined, any trap, basket, nets, seines or similar device for the purpose of catching fish, except as specifically authorized by laws, shall be guilty of a misdemeanor and punished as provided by law. It shall be the duty of the Wildlife rangers, sheriff or deputy sheriff to confiscate and destroy such trap, basket or similar devices, upon discovery of same, and report that fact to the commission.'", and By appropriately renumbering the repealer clause.
By adding at the end thereof a new section, to read as follows:
"Section 24. Said Act is further amended by striking therefrom Section 20, relating to the patrolling of coastal waters, and by sub stituting in lieu thereof the following:
'Section 20. To facilitate the inspection and patrolling of the wildlife resources of this State, and to assist in the better enforce ment of the laws, rules and regulations relating to wildlife, the Game and Fish Commission is hereby authorized and empowered to purchase, through the State Purchasing Department, as other pur chases are made, air craft and other necessary equipment to be used for such patrolling and inspection.'
and
By appropriately renumbering the repealer clause.
On the adoption of the amendment, the ayes were 32, 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.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
The following resolutions were read and adopted:
SR 59. By Senator Zellner: A resolution requesting the consolidation of the committee appointed by the House and the committee appointed by the Senate to study the dairy industry and the effect of milk pricing by the State Milk Control Board; and for other purposes.
The president appointed on the part of the Senate the following:
Senators Zellner of the 22nd, Shurling of the 21st and Millican of the 52nd.
FRIDAY, FEBRUARY 17, 1956
929
SR 60. By Senator Harrison of the 17th:
A resolution expressing thanks to the members of the Press for fairly, accurately and efficiently reporting happenings and events transpiring in the Senate.
SR 61. By Senator Ovefby of the 33rd:
A resolution providing that the Senate Administrative Affairs Com mittee be authorized to remain at the capitol ten days after the adjourn ment; and for other purposes.
The following bill of the House was taken up for the purpose of considering House action thereto:
HB 65. By Messrs. Scoggin, Wright and Hall of Floyd and others:
A bill to amend an act creating the State Board of Pardons and Paroles, so as to create an advisory staff as a division thereof; and for other purposes.
The House amendment was as follows:
Messrs. Scoggin of Floyd and Floyd of Chattooga moved to amend the Senate substitute to HB 65 by striking from section 3 thereof the words in line 11 and after the word "commission", as follows:
"and provided further that this bill shall not become operative until such time as the appropriation for the State Board of Pardons and Paroles exceeds $250,000.00 annually for its entire operation."
Senator Millican of the 52nd moved that the Senate agree to the House amendment to the Senate substitute to HB 65.
On the adoption of the amendment, the ayes were 32, nays 0, and the amend ment was adopted.
HR 260. By Mr. Moate of Hancock, Willingham of Cobb, Groover of Bibb and Scoggin of Floyd:
A resolution to create a committee to make a study of Jekyll Island; and for other purposes.
Senator Blalock of the 36th offered the following amendment:
Amend HR 260, line 16, by striking the word "three" and inserting in lieu "four".
On the adoption of the amendment, the ayes were 32, nays 0, and the amendment was adopted.
On the adoption of the resolution, the ayes were 32, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
930
JOURNAL OF THE SENATE,
The president appointed as a committee the following:
Senators Steis of the 25th, Clary of the 29th, Shurling of the 21st and Millican of the 52nd.
The following bill of the House was taken up for ,the purpose of considering House action thereto:
HB 59. By Mr. Strickland of Toombs and others:
A bill to amend an act relating to arrests so as to require the arresting officer who arrests a person under a warrant to bring the accused before the person authorized to examine, commit or receive bail within 72 hours; and for other purposes.
Senator Millican of the 52nd moved that the Senate insist on its position in amending HB '59, and asked that a Committee of Conference be appointed.
The motion prevailed and the president appointed on the part of the Senate as a committee of conference:
Senators Hollis of the 24th, Steis of the 25th and Davis of the 42nd.
HE 258. By Mr. Carlisle of Bibb:
A resolution concerning the use of the Capitol Building for legislative purposes; and for. other purposes.
Senator Millican of the 52nd offered the following amendment:
Amend HR 258, line 16, by adding after the word "speaker" the words "including the speaker" and in line 17 after the word "president" the words "including the president."
On the adoption of the amendment, the ayes were 32, nays 0, and the amend ment 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 32, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.
The following resolution was read and adopted:
SR 62. By Senators Brooks of the 50th, Davis of the 42nd, Dews of the 9th, Overby of the 33rd, McDonald of the 43rd and Steis of the 25th:
A resolution commending the supreme court of Georgia and the chief justice thereof; and for other purposes.
FRIDAY, FEBRUARY 17, 1956
931
HB 561. By Messrs. Duke and Massee of Baldwin:
.A bill to amend an act creating a system of juvenile courts in this state; and for other purposes.
The Committee on Judiciary offered the following amendment:
Amend HB 561 by striking from Section 1 the following:
"provided, however, that the release or parole of any juvenile committed to any State Training School under the terms of this Act shall be With the concurrence and recommendation of the Superintendent", and inserting in lieu thereof the following:
"provided, however, that the release or parole of any juvenile committed to any State Training School under the terms of this Act, during the period of one year from the date of commitment, shall be had only with the concurrence and recommendation of the Superintendent. After the expiration; of one year from the date of commitment, the committing court may order the release of such juvenile with or without such recommendation of. the Superin tendent, provided, however, the terms of this Act shall be effective only as to commitments made after the effective date of this Act."
On the adoption of the amendment, the ayes were 36, 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.
On the passage of the bill, the ayes were 39, 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 agreed to the Senate amendments to the following House bills and resolutions, to-wit:
HB 124. By Messrs. McWhorter, Rutland and Mackay of DeKalb: A bill to be entitled an act to amend, revise, supersede, and consolidate the laws pertaining to the Governing Authority of DeKalb County; and for other purposes.
HB 141. By Messrs. Duke and Massee of Baldwin and Jackson of Jones: A bill to amend an act relating to the restoration to sanity of insane persons; relating to lunacy trials of persons at Milledgeville State Hos pital; and for other purposes.
932
JOURNAL QF THE SENATE,
HB 142. By Messrs. Duke and Massee of Baldwin and Jackson of Jones:
A bill to amend an act relating to a commission to examine persons for whom guardianship is sought or committal to the Milledgeville State Hospital is sought; and for other purposes.
HB 148. By Messrs. Moate of Hancock, Sheffield of Brooks, Pelham of Schley, and others:
A bill to define the various penal offenses relating to the firing of woods, lands, marshes, grass timber and other lands in this State; to prohibit the setting of fires on lands of others, etc.; and for other purposes.
HB 185. By Messrs. Groover of Bibb, Lavender of Elbert, Blalock of Clayton, and others:
A bill to amend an act enumerating the duties of the State Treasurer, so as to provide that he may pay out money on warrants countersigned by the Deputy Comptroller General; and for other purposes.
HB 192. By Messrs. Groover of Bibb, Lavender of Elbert, Blalock of Clayton, and others:
A bill to amend an act providing a uniform method of fixing, limiting and restricting the salaries, allowances and travel expenses of certain State officials, so as to provide that additional compensation for board membership shall not be authorized unless the act or resolution creating same shall specifically provide for such additional compensation; and for other purposes.
HB 193. By Messrs. Groover of Bibb, Lavender of Elbert, Blalock of Clayton, and others:
A bill to amend an act relating to the distribution of laws and journals for civil officers of each county; and for other purposes.
HB 199. By Messrs. Barber and Short of Colquitt: A bill to create water districts in Colquitt County, each separate and distinct from the other; known respectively as the Sylvester Drive Water District, the East Moultrie Water District and South Moultrie Water District, etc.; and for other purposes.
HB 256. By Messrs. Lokey and H. Smith of Fulton: A bill to amend an act establishing a new charter for the City of Atlanta, relating to elections; and for other purposes.
HB 258. By Messrs. Lokey and H. Smith of Fulton: A bill to amend an act authorizing the establishment of Limited Access Highway in counties having a population of 300,000 or more; and for other purposes.
HB 316. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A bill to amend an act establishing a new charter for the City of Col lege Park; and for other purposes.
FRIDAY, FEBRUARY 17, 1956
933
HB 317. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A bill to be entitled an act to amend an act establishing a new charter for the City of College Park; and for other purposes.
HB 327. By Mr. Harrison of Wayne:
A bill to amend an act providing for retirement benefits for ordinaries of Georgia; and for other purposes.
HB 333. By Mr. Watson of Dougherty:
A bill to amend an act known as the Intangible Property Tax Act, so as to change the tax rate thereunder for accounts and notes receivable owed by a wholly-owned partnership or corporation which returns and pays ad valorem taxes on all its assets to the State of Georgia, etc.; and for other purposes.
HB 336. By Messrs. Sanders, Chambers and Holley of Richmond:
A bill to provide for subsistence allowances not to exceed five dollars per day in behalf of sheriffs, deputy sheriffs, patrolmen, policemen, and other law enforcement officers, for purposes of federal income taxation; and for other purposes.
HB 367. By Messrs. Hall, Scoggih and Wright of Floyd:
A bill to amend an act entitled an act to authorize and empower Floyd County by and through its board of commissioners of roads and revenue to provide, construct and/or maintain in the territory of said county outside the limits of incorporated municipalities, etc.; and for other purposes.
HB 384. By Messrs. Moate of Hancock, Willingham of Cobb and Groover of Bibb:
A bill to amend an act, being a portion of the Income Tax Laws; and for other purposes.
HB 413. By Messrs. Floyd and Weems of Chattooga:
A bill to amend an act creating the city court of Chattooga County; and for other purposes.
HB 420. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A bill to amend an act entitled an act to provide for the retirement of the judges and the solicitor-general of the criminal court of Fulton County, the judges of the civil court of Fulton County and the judge of the juvenile court of Fulton County; and for other purposes.
HB 486. By Messrs. Moate of Hancock, Groover of Bibb, Key of Jasper, and others:
A bill to amend an act relating to the salary of the Commissioner of Agriculture; and for other purposes.
934
JOURNAL OF THE SENATE,
HR 57. By Messrs. Killian and Nightingale of Glynn:
A resolution to designate a portion of State Route #32 as the Harrell Highway; and for other purposes.
HR 123. By Messrs. Young, Nilan and Pickard of Museogee:
A resolution proposing an amendment to the Constitution, to empower the board of commissioners of roads and revenues of Museogee County for regulatory and revenue purposes, to assess and collect license fees and for occupational taxes, etc.; and for other purposes.
HR 127. By Mr. Freeman of Monroe: A resolution compensating Early T. Grant; and for other purposes.
HR 166. By Mr. Strickland of Toombs:
A resolution proposing an amendment to the Constitution so as to create the Vidalia Development Authority, to provide for the powers, authority, funds, purposes and procedure connected therewith; and for other pur: poses.
HB 209. By Mr. Odom of Camden:
A bill to authorize, empower and direct the .City of Kingsland to close permanently certain alleys; and for other purposes.
HB 243. By; Messrs; Moate of; Hancock/ Willingham of Cobb and others:
A bill to.,make General Appropriations to pay the cost of operations of the State Government for the ensuing fiscal year; and for other pur poses.
HB 579. By Mr. Groover of Bibb:
. A. bill ,to amend an act relating to selling, leasing, granting, exchanging and disposing of recreational and park property by the State and political subdivisions; and for other purposes.
The House has adopted the .Senate substitute, as amended by the House, to the following bill of the House, ''to-wit:
HB 65. By Messrs. Scoggin, Wright and Hall of Floyd and others:
A bill to amend an act creating the State Board of Pardons and Paroles, so as 'to create ah advisory staff as a division thereof; and for other purposes. :
The House insists on its position to the following bill of the Senate, to-wit:
SB 30. By Senators Lambert of the 28th:
A bill to provide for the prohibition of the owning, controlling or hold ing by certain companies of more than jL5% of voting stock of banks as
FRIDAY, FEBRUARY 17, 1956
935
defined therein and of bank holding companies as defined therein; and for other purposes.
The Speaker has appointed as a committee of conference, on the part of the House, the following members of the House, to-wit:
Messrs. Cheatham of Chatham, Harrell of Grady and Brown of Telfair.
The House has adopted the Conference Committee Report to the following bill of the House, to-wit:
HB 525. By Messrs. Moate of Hancock, Groover of Bibb and others:
A bill to provide' that candidates for membership in the General As sembly of Georgia may run either in a county primary or a State pri mary; and for other purposes.
The House has passed by the requisite constitutional majority the following bills and resolutions of the Senate and House to wit:
SB 12. By Senator Parker of the 20th:
A bill to amend an act creating a Board of County Commissioners for Baldwin County; and for other purposes.
SB 35. By Senators Blalock of the 36th, McBride of the 10th and others:
A bill to comprehensively and exhaustively revise, supersede and con solidate the law relating to the State Board of Corrections and to prisons; public works camps and prisoners; and for other purposes.
SB 44. By Senators Wilkins of the 44th, Matthews of the 47th and others:
A bill to amend an act prohibiting the throwing or depositing of trash or garbage upon-public roads or property; and for other purposes.
SB 49. By Senators McDonald of the 43rd and Overby of the 33rd:
A bill to amend an act providing 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.
SB 52. By Senators Dews of the 9th:
"A bill to provide that no schools in any county shall be consolidated
without a vote of the persons living in the affected county; and for
J
other : purposes.
SB 54. By Senators Lambert of the 28th and Turner of the 34th:
A bill to amend an act creating the office of the Judge of the Superior Court Emeritus; and for other purposes.
SB 95. By Senators Hollis of the 24th, Steis of the 25th and Jones of the 23rd:
A bill to add one additional judge of the superior courts of the Chattahoochee Circuit of Georgia; and for other purposes.
936
JOURNAL OP THE SENATE,
SB 104. By Senator Hollis of the 24th:
A bill to repeal an act to require registration of guests under their true names at tourist camps or like places by whatever name called; and for other purposes.
SB 156. By Senator Overby of the 33rd:
A bill to authorize all eligible officials and employees of the State Office Building Authority to become members of the Employees' Re tirement System of Georgia; and for other purposes.
SB 161. By Senator Page of the 1st:
A bill to amend Section 84-710 of the Code, relating to the licensing of certain dentists of other States without examination; and for other purposes.
SR 14. By Senator Raulerson of the 46th:
A resolution to authorize the Governor acting on behalf of the State to convey certain property in Pierce County; and for other purposes.
SR 15. By Senators Wilkins of the 44th and McDonald of the 43rd:
A resolution to authorize the exchange of properties or interest therein in connection with the clearing of title property comprising Cloudland Canyon State Park; and for other purposes.
HR 229. By Mr. Barker of Heard:
A resolution to compensate R. H. Jackson, Sidney Brazeal, and Charles A. Stallings for damages; 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 123. By Senator Millican of the 52nd:
A bill to amend an act establishing the Criminal Court of Atlanta; and for other purposes.
SR 42. By Senator Millican of the 52nd:
A resolution proposing to the people of Georgia; for ratification or rejec tion, an amendment to Article VII of the Constitution of Georgia of 1945, authorizing the City of Atlanta to incur indebtedness for school purposes; and for other purposes.
The House has adopted the following resolution of the House, to-wit:
HR 250. By Messrs. Tanner and Hayes of Coffee:
A resolution stating that the General Assembly of the State of Georgia is opposed to any increase in the freight rate for railroad carriers; and for other purposes.
FRIDAY, FEBRUARY 17, 1956
937
HB 237. By Messrs. Stripling of Coweta, Willingham of Cobb and Groover of Bibb:
A bill to amend an act relating to abandonment of children and the penalty therefor, so as to provide that said act shall apply to illegitimate children; and for other purposes.
The Committee on Judiciary offered the following amendment:
Amend HB 237 by adding in line 10 of the quoted paragraph, before the words "shall be considered", the words "mother".
On the adoption of the amendment, the ayes were 30, nays 0.
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.
HR 47. By Messrs. Moate of Hancock, Groover of Bibb and Lokey of Fulton:
A resolution proposing to the qualified- voters of the state of Georgia an amendment to Article III, Section XI, paragraph I of the constitu tion; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution, proposing an amendment to the constitution, a roll call was ordered and the vote was as follows:
Those voting in the affirmative were Senators:
Ayers Blalock Brooks Chance Clary Coffin Davis Dean Dews Florence Garrett Harden Harper Harrison
Hollis Housley Jones Kelly Lambert Mann Matthews McBride McDonald Millican Morrison Neel Overby Page
Paulk Richardson Ricketson Roop Seagraves Shurling Steis Strickland Turner Ursrey Warnell Wetherington Zellner
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 41, nays 0.
838
JOURNAL OF THE SENATE,
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has passed as amended by the requisite constitutional majority the following bill of the Senate to-wit:
SB 61. By Senator Shurling of the 21st:
A bill to amend Chapter 67 of the Code of Georgia of 1933 as amended, relating to mortgages, conveyances to secure debt and liens so as to establish liens in favor of subcontractors and in favor of mechanics and materialmen; and for other purposes.
The House insists on its position to the following bill of the House to-wit:
HB 69. By Messrs. Strickland of Toombs, Scoggin of Floyd and others: A bill to amend Code Chapter 27-2 relating to arrests so as to require the arresting officer who arrests a person under a warrant to bring the accused before the person authorized to examine, commit or receive bail within 72 hours; and for other purposes.
The Speaker has appointed a committee of conference, composed of the following members of the House to-wit:
Messrs. Strickland of Toombs, Hawkins of Screven and McKenna of Bibb':
The House has passed by substitute the following bill of the Senate to-wit:
SB 89. By Senators Waters of the 41st and McDonald of the 43rd: A bill to amend Section 85-1604 of the Code, relating to employment of land processioners; and for other purposes.
The following bill was taken up for the purpose of considering a House amendment thereto.
SB 61. By Senator Shurling of the 21st:
A bill to amend chapter 67 of the code of Georgia of 1933 as amended relating to mortgages, conveyances to secure debt and liens so as to establish liens in favor of subcontractors and in favor of mechanics and materialmen; and for other purposes.
Senator Shurling of the 21st moved that the Senate agree to the following amendment of the House by adding at the end of Par. 2, Section 2, the follow ing words:
"Provided further that the words 'contractor or other person at whose instance the work was done or material was furnished' shall
FRIDAY, FEBRUARY 17, 1956
939
not include subcontractors and provided further that the sworn state ment of the contractor or other person at whose instance the work was done or material was furnished shall operate to dissolve all liens given by this section."
On the motion to agree, the ayes were 39, nays 0, and the amendment was agreed to.
The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:
SB 89. By Senators Waters of the 41st and McDonald of the 43rd:
A bill to amend section 85-1604 of the 1933 code of Georgia relating to employment of land processioners so as to change the residence requirements and qualifications of such processioners; and for other purposes.
The House substitute was as follows:
A BILL
T& be entitled to amend Code Section 85-1604 of the Code, relating to employment of land processioners, as amended, by an Act approved February 25, 1953 (Ga. Laws 1953, Jan.rFeb. Sess., p. 202), sa as to provide that under certain conditions the Ordinary may appoint a processioner from a different militia district than the one in which he is to serve; to provide for the applicability of this Act; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 85-1604 of the Code, relating to employ ment of land processioners, as amended, by an Act approved February 25, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 202), is hereby amended by adding after the first sentence of said section the following:
"Provided, that in the event of the Ordinary is unable to find three persons in a militia district to serve as processioners, or in the event a processioner shall disqualify himself or refuse to serve and 'the Ordinary is unable to find a person to serve in his place* in such militia district, the Ordinary may appoint a processioner or processioners, as the case may be, from a different militia dis trict to serve in such militia district."
so that Section 85-1604, when so amended, shall read as follows:
"85-1604. The Ordinary of each county shall, at the second term of his court in every second year, appoint three suitable per sons in every militia district in the county, who shall be proces sioners of land for that district until their successors are appointed. Provided, that in the event the ' Ordinary is unable to find three persons in a militia district to serve as processioners, or in the event a processioner shall disqualify himself or refuse to serve and the Ordinary is unable to find a person to serve in his place in such militia district, the Ordinary may appoint a processioner
940
JOURNAL OP THE SENATE,
or processioners, as the case may be, from a different militia dis trict to serve in such militia district. Vacancies may be filled in the same manner at any time. If none is appointed, the Ordinary shall appoint at any regular term, on the application of any land owner. The Ordinary in each county of this State shall make the appointments provided in this section, any provisions of Acts creat ing boards of county commissioners to the contrary notwithstand ing, and any such provisions, either express or implied, are hereby specifically repealed, and the power to appoint processioners under this section is hereby expressly removed from the board of county commissioners in each and every county of this State having such a board."
Section 2. The provisions of this Act shall be applicable to the next appointments for land processioners in each county of this State.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator McDonald of the 43rd moved that the Senate agree to the House substitute to SB 89.
On the motion, the ayes were 36, nays 0, and the substitute was agreed to.
Mr. Hollis of the 24th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. President:
Your Committee on Judiciary 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:
HE 64. Do Pass, by substitute. Respectfully submitted, Hollis of 24th District, Chairman.
HR 64. By Messrs. Groover of Bibb, Lavender of Elbert, Coker of Cherokee and Chastain of Thomas:
A resolution proposing an amendment to the constitution so as to change the method of amending the constitution; and for other purposes.
The Committee on Judiciary offered the following substitute:
A RESOLUTION
Proposing an amendment to the Constitution so as to change the method of amending the Constitution; to provide for the submission for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
FRIDAY, FEBRUARY 17, 1956
941
Section 1. Article XIII, Section I, Paragraph I of the Constitution, relative to amendments to the Constitution, is hereby amended by strik ing said Paragraph in its entirety, and inserting in lieu thereof a new Paragraph I, to read as follows:
"Paragraph I. An amendment to this Constitution may be proposed by a resolution in the Senate or the House of Representa tives, and if the same shall be agreed to by two-thirds of the mem bers elected to each branch of the General Assembly, such pro posed amendment shall be entered on the journal of each branch with the 'Ayes' and 'Nays' taken thereon. Any proposed amend ment may be repealed or amended by the same General Assembly, if done so at least two months prior to the date of the election at which such proposed amendment is to be submitted.
"The Governor, the Attorney General, and the Secretary of State shall meet and determine whether a proposed amendment is general, and if not general, shall determine what political sub divisions are directly affected by such proposed amendment. If a proposed amendment is general, the Governor shall cause such pro posed amendment to be published in full once each week for three consecutive weeks immediately preceding the date of the election at which such proposed amendment is submitted, in one newspaper of general circulation in each Congressional District of the State. If such proposed amendment is not general, the Governor shall cause such proposed amendment to be published in full in one newspaper of general circulation in each county in which the directly affected political subdivision or subdivisions are located. In the event no such newspaper is located in such county, a news paper in an adjoining county shall be used.
"Any proposed amendment which is general shall be submitted to the people of the entire state at the next general election at which members of the General Assembly are elected, and if rati fied by a majority of the electors qualified to vote for members of the General Assembly voting thereon, such amendment shall be come a part of the Constitution. A proposed amendment which is not general shall only be submitted to the people of the political subdivision or subdivisions directly affected. The votes of the elec tors in each political subdivision affected shall be counted sepa rately in determining whether such proposed amendment is ratified, and it must be ratified by a majority of the electors qualified to vote for members of the General Assembly voting thereon in each such political subdivision before it shall become a part of this Constitution. The General Assembly, in the resolution, shall state the language to be used in submitting the proposed amendment.
"When more than one amendment is submitted at the same time, they shall be so submitted as to enable the electors to vote on each amendment separately."
Section 2. 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 branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nayes" taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Para-
942
JOURNAL OF THE SENATE,
graph I of the Constitution of Georgia of 1945, as amended. Such proposed amendment shall be submitted as provided in said Paragraph.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to Constitution so as to change the method of amending the Constitution.
"Against ratification of amendment to Constitution so as to change the method of amending the Constitution."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it 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 for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
On the adoption of the substitute, the ayes were 33, nays 0, and the sub stitute was adopted.
The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.
The resolution, proposing an amendment to the constitution, a roll call was ordered and the vote was as follows:
Those voting in the affirmative were Senators:
Ayers
,
Blalock
Chance
Clary
Coffin
Davis
Dean
Dews
Florence
Garrett
Harden
Harper
Harrison
Hollis
Housley Jones, 18th Kelly Lambert Mann Matthews McBride McDonald Millicah Morrison Neel Overby Page Parker
Paulk Ponsell Richardson Ricketson Roop Seagraves Shurling Steis Turner Ursrey Warnell Waters Wetherington Zellner
By unanimous consent, 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 ma jority, was adopted by substitute.
FRIDAY, FEBRUARY 17, 1956
943
HR 39. By Messrs. Carlisle of Bibb and Bloodworth of Houston:
A resolution authorizing payment to Fountain's Dry Cleaners and Laundry, Inc., for damages to its 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:
Those voting in the affirmative were Senators:
Ayers Blalock Chance Clary Davis Dean Dews > Florence Garrett Harden Harper Harrison
Hollis Housley Jones, 18th Kelly Lambert Mann Matthews McBride Millican Neel Overby Parker
Ponsell Richardson Ricketson Roop Seagraves Steis Strickland Turner Ursrey Warnell Waters 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.
The resolution, having received the requisite constitutional majority, was adopted.
HR 169. By Mr. Bloodworth of Houston:
A resolution to compensate the widow of Henry C. Hill; 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:
Ayers Blalock Chance Clary Davis . Dean Dews Florence
Garrett Harden Harper Harrison
Hollis Housley Jones, 18th Kelly
Lambert Mann Matthews McBride
Millican Neel Overby Parker
944
JOURNAL OF THE SENATE,
Ponsell Richardson Ricketson Roop
Seagraves Steis Strickland Turner
Ursrey Warnell Waters 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.
The resolution, having received the requisite constitutional majority, was adopted.
HR 203. By Mr. Groover of Bibb:
A resolution to compensate Mr. Emil Kalock of 1321 Edgewater Drive, Orlando, Florida; 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:
Ayers Blalock Chance Clary Davis Dean Dews Florence Garrett Harden Harper Harrison
Hollis Housley Jones, 18th Kelly Lambert Mann Matthews McBride Millican Neel Overby Parker
Ponsell Richardson Ricketson Roop Seagraves Steis Strickland Turner Ursrey Warnell Waters 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.
The resolution, having received the requisite constitutional majority, was adopted.
The following bill of the House was taken up for the purpose of considering a report of a committee of conference:
HB 59. By Mrs. Strickland of Toombs, Scoggin of Floyd and others:
A bill to amend code chapter 27-a relating to arrests so as to require the arresting officer who arrests a person in a warrant to bring accused
FRIDAY, FEBRUARY 17, 1956
945
before the person authorized to examine, or receive appeals within 72 hours; and for other purposes.
The report of the committee of conference was read by the secretary:
Mr. President
Mr. Speaker
Your Committee on Conference on HB 59 recommend the following:
That both House and Senate recede from their position and in lieu of 72 hours as shown in the Senate Amendment, the figure 48 hours be inserted and the House with this change adopt the Senate amendment.
Davis of the 42nd Steis of the 25th Hollis of the 24th
On the Part of the Senate
/s/ Davis of 42nd la/ Hollis of 24th /s/ Steis of 25th
On the Part of the House
/s/ Strickland of Toombs /s/ Hawkins of Screven /s/ McKenna of Bibb
Senator Davis of the 42nd moved that the report of the committee of con ference be adopted.
On the motion, the ayes were 33, nays 0, and the report was adopted.
HB 605. By Messrs. Russell of Barrow, Nightingale of Glynn and others:
A bill to amend the laws of Georgia for 1950 regular session, page 167, by striking section 4 on page 168 of said act and substituting in its place the following section to be known as section 4.
The report 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.
The following resolution of the Senate was taken up for the purpose of con sidering a House amendment thereto:
SR 35. By Senator Overby of the 33rd:
A resolution creating a committee to study the advisability of construct ing a building for the purpose of storing county and state records; and for other purposes.
946
JOURNAL OF THE SENATE,
The House amendment was as follows:
Amend SR 35, paragraph 7 by deleting the words "three members, one of whom shall be a member of the House of Representatives, to be appointed by the Speaker of the House of Representatives, one of whom shall be a member of the Senate, to be appointed by the president of the Senate, and the other member shall be the secretary of state, and in serting in lieu thereof the words: "four members, two of whom shall be members of the House of Representatives to be appointed by the Speaker, one of whom shall be a member of the Senate to be appointed by the President of the Senate and the other member shall be the Secretary of State."
Senator Overby of the 33rd moved that the Senate agree to the House amend ment to SR 35.
On the motion to agree, the ayes were 34, nays 0, and the amendment was agreed to.
HR 205. By Messrs. Sanders, Chambers and Holley of Richmond:
A resolution authorizing the conveyance by the Governor of certain real property to Richmond County, to be used for conservation purposes; 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 450. By Messrs. Gillis of Treutlen, Underwood of Montgomery and Matthews of Clarke:
A bill to amend an act known as the Uniform Act regulating traffic on highways, by striking that portion which provides that the Department of Public Safety may suspend or revoke licenses of any person convicted under this 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 562. By Mr. Groover of Bibb:
A bill to amend an act creating a 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.
FRIDAY, FEBRUARY 17, 1956
947
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 623. By Messrs. Groover and McKenna of Bibb:
A bill which makes provisions for coverage of certain officers and em ployees of political sub-divisions of the state under the old-age and sur vivors insurance provisions; and for other purposes.
The report 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 63. By Senators McDonald of the 43rd, McBride of the 10th, Jones of the 23rd and Paulk of the 45th:
A' resolution authorizing and urging the investment of a certain portion of the funds of certain retirement systems in real estate mortgages, loans and leases; and for other purposes.
On the adoption of the resolution, the ayes were 15, nays 19.
The resolution, having failed to receive the requisite constitutional majority, was lost.
HR 75. By Messrs. Coker of Cherokee and Mashburn of Forsyth:
A resolution to create a Hospital Care Study Commission; 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.
HR 131. By Messrs. Blalock of Clayton and Sanders of Richmond:
A resolution creating a committee to study the advisability of (1) con forming the Georgia Income Tax Laws as nearly as practicable to the Federal Income Tax Law with respect to the determination and classi fication of a taxable net income, and (2) or providing for a state income tax withholding system; and for other purposes.
'. >-' The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
948
JOURNAL OF THE SENATE,
On the adoption of the resolution, the ayes were 29, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator McDonald of the 43rd moved that the following bill of the House be taken from the table:
HB 205. By Mr. Kennedy of Turner and others:
A bill to amend an act relating to the applicability of the real estate licensing law, so as to provide that such law shall be statewide in appli cation; and for other purposes.
On the motion to take from the table, the ayes were 28, nays 3, and the motion prevailed.
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 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:
Blalock Brooks Chance Clary Coffin Davis Dean Dews Dykes Florence Harden
Harper Hollis Housley Jones, 18th Jones, 23rd Kelly Lambert Matthews McDonald Millican Overby
Those voting in the negative were Senators :
Ayers Garrett Harrison
Neel
Raulerson Richardson Ricketson Seagraves
Page Parker Paulk Ponsell Roop Shurling Steis Strickland Turner Ursrey Waters
Warnell Wetherington Zellner
By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 33, nays 11.
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:
FRIDAY, FEBRUARY 17, 1956
949
Mr. President:
The House has passed as amended by the requisite constitutional majority the following bill of the Senate to wit:
SB 153. By Senators Brooks of the 50th, Harden of the 27th, Coffin of the llth, and many others:
A bill to amend 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 bill was taken up for the purpose of considering House action thereto:
SB 153. By Senators Brooks of the 50th, Harden of the 27th, Coffin of the llth and others:
A bill to amend the act providing revenue and a source of revenue for the purpose of paying annuities and benefits to the peace officers of the state of Georgia so as to provide that any peace officer, as therein de fined, who fails and refuses to enforce any laws of this state requiring segregation of the white and colored races in any manner or activity shall forfeit all retirement benefits; and for other purposes.
The House amendment was as follows:
Amend SB 153 by striking from section 1 the last sentence of section 1 and by adding thereto the following:
"All testimony before the board hearing charges of an alleged violation of this act shall be under oath and subject to the same rules of evidence as apply in the superior courts of Georgia. From the decision of the board, either party may within thirty days appeal de novo to the superior court in the county where the violation is alleged to have occurred."
Amend SB 153 by striking the words "or that such member has failed to take any necessary or appropriate action for such enforcement thereof" appearing in the next to last sentence in subsection (b) of section 1 of said bill.
Senator Brooks of the 50th moved that the Senate agree to the House amend ments.
On the motion to agree, the ayes were 33, nays 0, and the amendments were agreed to.
HB 422. By Messrs. Lokey, M. Smith and H. Smith:
A bill to amend section 24-2714 of the code of Georgia of 1933, entitled "Superior Court Clerks, Duties" so as to authorize the clerk superior court to issue and sign any order in the nature of a rule nisi where no injunctive or extraordinary relief is granted; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
950
JOURNAL OP 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 239. By Messrs. Stripling of Coweta, Groover of Bibb and others:
A bill to authorize the attorney general to order any solicitor general to advise, counsel or represent certain officials and employees; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 383. By Messrs. Stripling of Coweta and Willingham of Cobb:
A bill to improve and extend by reciprocal legislation the enforcement of duties of support and to make uniform the law with.respect thereto; and for other purposes.
Senator Page of the 1st offered the following amendment:
Amend HB 383 by adding in section 10 before the words "Assistant" and "who" the words "for the entire circuit".
On the adoption of the amendment, the ayes Were 32, nays 0, and the amend
ment 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 601. By Messrs. Groover of Bibb and Blalock of Clayton:
A bill to define criminal acts and to impose civil and criminal penalties with respect to the unauthorized possession, use, custody, control, ex change, transportation, or concealment of any unauthorized, false, counterfeit, forged, or altered revenue stamp or marking, etc.; and for other purposes.
The Committee on Judiciary offered the following amendment:
Amend HB 601 by striking Section 2 thereof and inserting a new Section 2 to read as follows:
"Any contraband article, as herein defined, or any vessel, vehicle, aircraft, or other conveyance which has been or is being
FRIDAY, FEBRUARY 17, 1956
951
used in violation of any provision of this Act, or in, upon, or by means of which any violation has taken or is taking place, shall be seized by any law enforcement officer or revenue officer of the State of Georgia, without a warrant, and forthwith shall be de livered to the State Revenue Commissioner who shall post a notice of such seizure for a period of ten (10) days in a prominent place in the courthouse of the county in which such seizure occurred, stating that a decision as to seizure and forfeiture will be made by the State Revenue Commissioner at the expiration of said ten (10) day period, and such notice shall act as a bar against any person subsequently asserting a claim of any interest existing in such article at the time of seizure, and, upon determining that such article is contraband and that seizure and forfeiture is in accord ance with the provisions of this Act the said Revenue Commissioner shall direct the disposition or destruction of same as he may deem appropriate, and the proceeds of any sale of any such seized prop erty conducted by the Commissioner of Revenue in his discretion as he may direct shall be delivered to the State Treasurer; Pro vided, That no vessel, vehicle, aircraft, or other conveyance used in the transaction of business as a common carrier shall be for feited under the provisions of this Act unless it shall appear that (1) in the case of a railway car or engine, the owner, or (2) in the case of any other such vessel, vehicle, aircraft, or other conveyance, the owner or the master of such vessel or the owner or conductor, driver, pilot, or other person in charge of such vehicle, aircraft, or other conveyance, was at the time of the alleged illegal act a consenting party or privy thereto: Provided further, That no vessel, vehicle, aircraft or other conveyance shall be forfeited under the provisions of this Act by reason of any act or omission shown by the owner thereof to have been committed or omitted by any per son other than such owner while such'vessel, vehicle, aircraft, or other conveyance was unlawfully in the possession of a person who acquired possession thereof in violation of the criminal laws of the United States, or of any State.
On the adoption of the amendment, the ayes were 31, nays 0, and the amend ment was adopted.
The Committee on Judiciary offered the following amendment:
Amend HB 601 by adding a new paragraph 9 and renumbering present Section 9 to be denominated Section 10, said new Section 9 to read as follows:
Section 9. The owner of any property subject to forfeiture under this Act may test the legality of any forfeiture herein pro vided by filing in the Superior Court in the county in which such property was seized within ten (10) days after such seizure an affidavit of illegality against the State Revenue Commissioner in the manner and form prescribed by law for testing the legality of tax fi. fas.
Section 10. All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the amendment, the ayes were 32, nays 0, and the amend ment was adopted.
952
JOURNAL OF THE SENATE,
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 323. By Mr. Nightingale of Glynn:
A bill to amend chapter 34-33 of the code of Georgia, as amended, par ticularly by an act approved February 21, 1955 (Ga. Laws 1955, p. 732), relating to voting by mail by persons other than military personnel; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 394. By Mr. Groover of Bibb:
A bill to amend an act providing for absentee voting by members of the military; and for other purposes.
The report 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 299. By Messrs. Kilgore and Kelley of Gwinnett, Palmer of Mitchell and others:
A bill to provide that fire and casualty insurance companies domiciled
in this state may deduct any retaliatory tax paid by them to another
state from their Georgia taxes; 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 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 274. By Mr. Lanier of Candler:
A bill to amend an act creating the department of public safety, and providing for the issuance, suspension and revocation of driver's li censes; and for other purposes.
FRIDAY, FEBRUARY 17, 1956
953
The Committee on Judiciary offered the following amendment:
Amend HB 274 by adding a new paragraph at the end of Section 2 to read as follows: "Every person operating the motor vehicles described in Section 1, including the parents of such operators and all owners thereof shall be deemed to be owning or operating the same under the "Family Purpose Automobile Doctrine"; and every parent or owner thereof shall be liable in tort for damages on account of the negligent operation of any such vehicle by the person licensed under this Act. No such license shall be issued for the operation of any such vehicle to any person provided for in this Act until and unless such vehicle shall be covered by liability insurance or surety bond in the same amount as is now required under the laws relating to "Motor Vehicle Safety Responsibility."
On the adoption of the resolution, the ayes were 29, nays 0.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 322. By Mr. Tarpley of Union:
A bill to amend an act creating the Department of Public Safety for Georgia and making provisions relative to the issuance, suspension and revocation of drivers' licenses; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 400. By Messrs. Scoggin of Floyd, Floyd of Chattooga, Murphy of Haralson and others:
A bill to amend section 24-2715, relating to the additional duties of the clerks of the superior courts, so as to provide that the clerk of the superior court shall make a record of each sex criminal convicted in the county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
954
JOURNAL OF THE SENATE,
HB 475. By Messrs. Floyd and Weems of Chattooga:
A bill to amend an act providing for the furnishing to veterans of cer tain vital statistics, approved February 18, 1953, (Ga. Laws 1953, Jan.-Feb. Session, p. 117) ; and for other purposes.
The report 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.
HR 124. By Messrs. Stephens of Clarke, Fowler of Douglas and Blalock of Clayton:
A resolution creating a committee to study the advisability of con
structing a building for the purpose of storing county and state
records; 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 1.
The resolution, having received the requisite constitutional majority, was adopted.
HR 177. By Mr. Groover of Bibb:
A resolution to ratify, approve and confirm the exclusive order of the Governor, dated March 21, 1955, relating to the suspension of the license fee and examination fee required by an act approved March 4, 1955 (Ga. L. 1955, p. 431) ; 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.
HR 187. By Messrs. Groover of Bibb, Blalock of Clayton and others:
A resolution directing the State Board of Corrections to study the recommendation of the Legislative Economy Committee; 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.
FRIDAY, FEBRUARY 17, 1956
955
The resolution, having received the requisite constitutional majority, was adopted.
HR 190. By Messrs. Groover of Bibb, Blalock of Clayton and others:
A resolution to recommend that the state discontinue the building of cabins at state parks; 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 1.
The resolution, having received the requisite constitution majority, was adopted.
HR 191. By Messrs. Blalock of Clayton, Coker of Cherokee and Chastain of Thomas:
A resolution to provide for the disposition of certain metal plates stored in the Capitol building; and for other purposes.
The Committee on Judiciary offered the following amendment:
Amend H. 191 by adding a new section as follows:
"Nothing herein shall make it mandatory that said plates be disposed of, but if they be not disposed of, the committee shall report its reasons to the General Assembly convening in 1957."
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 as amended, was agreed to.
On the adoption of the resolution, the ayes were 33, nays 0. .
The resolution, having, received the requisite constitutional majority, was adopted as amended.
HR 192. By Messrs. Groover of Bibb, Blalock of Clayton and others:
A resolution authorizing and directing the secretary of state to make a detailed study of the expense of microfilming state records; 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.
956
JOURNAL OF THE SENATE,
HR 194. By Messrs. Groover of Bibb, Coker of Cherokee and Chastain of Thomas:
A resolution to provide for a detailed study of the advisability of the state establishing a printing office; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 32, nays 4.
The resolution, having received the requisite constitutional majority, was adopted.
HR 181. By Mr. Groover of Bibb:
A resolution authorizing the Governor to deed certain islands to the United States; 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 38, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 182. By Mr. Groover of Bibb:
A resolution authorizing the conveyance of certain property in Camden County to the United States, which property is needed for the King's Bay Ammunition Loading Terminal; 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.
The following message was received from the House through Mr. Boone, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate amendment to the following bill of the House to-wit:
HB 274. By Mr. Lanier of Candler:
A bill to amend an act creating a Department of Public Safety, and providing for the issuance, suspension and revocation of driver's licenses, and for other purposes.
FRIDAY, FEBRUARY 17, 1956
957
The following bill was taken up for the purpose of consideration of House action thereto:
HB 274. By Mr. Lanier of Candler:
A bill to amend an act creating a Department of Public Safety, and providing for the issuance, suspension and revocation of driver's licenses; and for other purposes.
Senator Millican of the 52nd moved that further action on HB 274 be indefinitely postponed.
On the motion, the ayes were 28, nays 0, and HB 274 was indefinitely post poned.
HR 227. By Messrs. Mauldin of Gordon and Scoggin of Floyd:
A resolution to authorize the Governor of Georgia to declare the pres ent National Guard Armory and warehouse located in Calhoun, Gordon County, Georgia, obsolete; 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.
HR 230. By Messrs. Mauldin of Gordon and Scoggin of Floyd: A resolution to authorize the Governor on behalf of the state of Geor gia to reconvey to the city of Calhoun, Gordon County, Georgia, a tract of land formerly conveyed to the state by said city; and for other purpses.
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.
Senator Overby of the 33rd moved that the Senate resolve itself into execu tive session for the purpose of considering a message from His Excellency, the Governor.
The motion prevailed and the Senate resolved itself into executive session.
The following message was transmitted to His Excellency, the Governor, through George D. Stewart, secretary of the Senate:
,958
JOURNAL OF THE SENATE,
February 21, 1956.
Honorable Marvin Griffin, 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:
Mrs. Nora Manning of Colquitt County, as a member of the Board
of Examiners of Practical Nurses, for a term beginning January 18,
1956 and ending April 1, 1959. The vote on this confirmation was ayes
42, nays 0.
.
Honorable Virgil B. Williams of Spalding County as a member of the Board of Health, for a term beginning January 18, 1956 and ending September 1, 1961. The vote on this confirmation was ayes 42, nays 0.
Honorable J, H. Spratling, Jr., of Ware County, as a member of the Georgia State Board of Optometry, for a term beginning January 19, 1956 and ending September 6, 1958. The vote on this confirmation was ayes 42, nays 0.
Honorable L. N. Huff of Fulton County, as a member of the State Board -of Examiners of Optometry, for a term beginning January 19, 1956 and ending September 6, 1958. The vote on this confirmation was ayes 42, nays 0.
Honorable A. W. Davis of Warren County, as a member of the Board of Social Security, for a term beginning January 19, 1956 and ending January 11, 1959. The vote on this confirmation was ayes 42, nays 0.
Honorable Robert O. Arnold of Newton County, as a member of the Board of Regents, for a term beginning January 1, 1956 and ending January 1, 1963. The vote on this confirmation was ayes 42, nays 0.
Honorable Morris Bryan of Jackson County, as a member of the Board of Regents, for a term beginning February 14, 1956 and ending January 1, 1959. The vote on this confirmation was ayes 42, nays 0.
Honorable Quimby Melton, Jr., of Spalding County, as a member of the Board of Regents, for a term beginning February 14, 1956 and ending January 1, 1963. The vote on this confirmation was ayes 42, nays 0.
Honorable T. C. Branson of Cobb County, as a member of the Board of Commerce, for a term beginning February 14, 1956, and ending February 8, 1960. The vote on this confirmation was ayes 42, nays 0.
Honorable Trammell Mclntyre of Fulton County, as a member of the Board of Commerce, for a term beginning February 8j 1956 and ending February 8, 1960. The vote on this confirmation was ayes 42, nays 0.
Honorable W. Ernest Buckner of Fulton County, as a member of the State Board of Workmen's Compensation, for a term beginning
FRIDAY, FEBRUARY 17, 1956
959
January 12, 1956, and ending January 12, 1960. The vote on this confirmation was ayes 42, nays 0.
Honorable L. C. McGarity of Walton County, as a member of the Georgia Water Law Revision Commission, for a term beginning Febru ary 14, 1956, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 42, nays 0.
Mrs. Lucille C. Murphy of Dougherty County, as a member of the Advisory Board to Board of Examiners of Practical Nurses of Georgia, for a term beginning March 24, 1955 and ending March 24, 1957. The vote on this confirmation was ayes 42, nays 0.
Miss Sarah Hightower of Floyd County, as a member of the State Board for Certification of Librarians, for a term beginning December 31, 1955 and ending December 31, 1960. The vote on this confirmation was ayes 42, nays 0.
Honorable D. Collier Houston of Dougherty County, as a member of the State Board for .the Examination and Registration of Architects, for a term beginning February 9, 1956 and ending March 5, 1957. The vote on this confirmation was ayes 42, nays 0.
Honorable David S. Price of Wayne County, as a member of the
Rural Roads Authority, for a term beginning February 11, 1956 and
ending February 11, 1962. The vote on this confirmation was ayes 42,
nays 0.
,
Honorable Arthur T. Stewart, Jr., of Greene County, as a member of the Board of Examiners of Practical Nurses of Georgia, for a term beginning March 24, 1955 and ending March 24, 1957. The vote on this confirmation was ayes 42, nays 0.
Honorable Grady Coker of Cherokee County, as a member of the Advisory Board to the Board of Examiners of Practical Nurses of Georgia, for a term beginning March 24, 1955 and ending March 24, 1957. The vote on this confirmation was ayes 42, nays 0.
Miss Dana Hudson of Fulton County, as a member of the Advisory Board to the Board of Examiners of Practical Nurses of Georgia, for a term beginning March 24, 1955 and ending March 24, 1957. The vote on this confirmation was ayes 42, nays 0.
Mrs. S. C. Patterson of Sumter County, as a member of the Ad visory Board to the Board of Examiners of Practical Nurses of Georgia, for a term beginning March 24, 1955 and ending March 24, 1957. The vote on this confirmation was ayes 42, nays 0.
Honorable A. A. Rosser of Tift County, as a member of the Ad visory Board to the Board of Practical Nurses of Georgia, for a term beginning March 24, 1955 and ending March 24, 1957. The vote on this confirmation was ayes 42, nays 0.
Mrs. Nita Luke Stephens of Treutlen County, as a member of the Advisory Board to the Board of Examiners of Practical Nurses, for a term beginning March 24, 1955 and ending March 24, 1957. The vote on this confirmation was ayes 42, nays 0.
960
JOURNAL OP THE SENATE,
Honorable Roy Richards of Carroll County, as a member of the Judicial Council, for a term beginning April 27, 1955 and ending April 27, 1958. The vote on this confirmation was ayes 42, nays 0.
Respectfully yours,
George D. Stewart, Secretary of the Senate.
GDS/rc
The executive session was dissolved and the Senate resumed the regular order of business.
The House has adopted the following resolutions of the Senate, to-wit:
SR 30. By Senators Harden of the 27th and Overby of the 33rd: ' A resolution creating the "All-South Centennial Committee of Georgia"; and for other purposes.
SR 59. By Senator Zellner of the 22nd: A resolution requesting the Senate and House committees studying the effect of milk pricing by the State Milk Control Board consolidating their study so that there will be only one study made by the General Assembly; and for other purposes.
SR 62. By Senators Brooks of the 50th, Overby of the 33rd and others: A resolution commending the Supreme Court of Georgia and the Chief Justice thereof; and for other purposes.
SR 64. By Senator Overby of the 33rd: A resolution that the House and Senate adjourn sine die at 7:30 o'clock P. M., February 17, 1956, 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 amendments to the following bills of the House:
HB 27. By Mr. Twitty of Mitchell: A bill creating a Board to be known as the State Board of Dispensing Opticians; providing a method for the appointment of the members of said board; define the trade or occupation of dispensing opticians; and for other purposes.
HB 97. By Messrs. M. Smith, H. Smith and Lokey of Pulton: A bill to amend an act establishing a new charter for the City of At-
FRIDAY, FEBRUARY 17, 1956
961
lanta, relating to funds for improvements in the Department of Parks; and for other purposes.
HB 207. By Messrs. Groover of Bibb, Chastain of Thomas, and others:
A bill to provide for a physical examination as a prerequisite for em ployment by the State; and for other purposes.
HB 246. By Messrs. McWhorter, Rutland and Mackay of DeKalb:
A bill to fix, prescribe and establish compensation and/or salaries of the Elective County Officials of and in the County of DeKalb; and for other purposes.
HB 266. By Mr. Groover of Bibb:
A bill to provide for the partial abatement of the gross premium tax levied against insurance companies; and for other purposes.
HB 348. By Mr. Dean of Rockdale:
A bill to provide for the appointment of an assistant Solicitor General in Judicial Circuits having two or more Judges of Superior Courts in such circuit; and for other purposes.
HB 351. By Mr. Bentley of Cobb:
A bill to provide that a parent or guardian shall be liable for the wilful and wanton torts of his minor child in an amount not to exceed five hundred dollars; and for other purposes.
HB 414. By Messrs. Floyd and Weems of Chattooga:
A bill to repeal an act creating a Board of Commissioners of Roads and Revenues of Chattooga County; and for other purposes.
HB 458. By Messrs. Mackay, Rutland and McWhorter of DeKalb:
A bill to repeal an act entitled an act to create and establish the City Court of Decatur; and for other purposes.
HB 460. By Messrs. Mackay, Rutland and McWhorter of DeKalb:
A bill to amend an act creating the Civil Court of DeKalb County, by increasing the jurisdiction of such court in civil cases; and for other purposes.
HB 527. By Messrs. Barber and Short of Colquitt:
A bill to amend the charter of the City of Moultrie, to extend the pres ent corporate limits of said City; and for other purposes.
HB 545. By Mr. Lokey of Fulton: A bill providing that cities having a population of more than 150,000, shall furnish pensions to all officers and employees of such cities and
962
JOURNAL OF THE SENATE,
providing a system of pensions, so as to re-open the pension fund; and for other purposes.
HB 566. By Messrs. H. Smith, M. Smith and Lokey of Pulton:
A bill to create the office of Director of Public Safety in all counties having a population of 300,000 or more; to provide for the appoint ment and term thereof; and for other purposes.
HB 113. By Mr. Groover of Bibb:
A bill to amend an act relating to the Game and Pish Commission and to game and fish; and for other purposes.
HB 244. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to enable DeKalb County to establish a planning commission and to enable the several municipalities lying wholly within the limits of DeKalb County to establish joint planning commissions with the County; and for other purposes.
HB 341. By Messrs. H. Smith, M. Smith and Lokey of Pulton:
A bill to amend an act entitled "An Act to carry into effect in the City of Atlanta the provisions of an amendment to the Constitution relating to the abolition of Justice Courts and the Office of Justice of the Peace in certain cities; and for other purposes.
HB 407. By Mr. Matthews of Clarke:
A bill to amend an act relating to obscene pictures and abusive language; and for other purposes.
HB 465. By Mr. Bagby of Paulding:
A bill to amend, consolidate, and supersede the several acts incorporat ing the City of Dallas in the County of Paulding; to create a new charter and municipal government for said city; and for other, purposes.
HB 544. By Messrs. H. Smith and Lokey of Pulton:
A bill to be entitled an act to amend an act creating a Joint City-County
Board of Tax Assessors in all counties having within its borders all or
the greater part of the population of 300,000 or more; and for other
purposes.
. , ,.
HB 577. By Messrs. Mackay, Rutland and McWhorter of DeKalb:
A bill to amend an act entitled "An act to create and establish the City Court of Decatur"; and for other purposes.
FRIDAY, FEBRUARY 17, 1956
963
HB 610. By Mr. Groover of Bibb:
A bill to amend an act repealing, enacting and re-enacting laws or parts of laws creating a pension system for the employees of the City of Macon by providing for the benefit, contributions, retirement aid; and for other purposes.
HB 615. By Mr. Harrison of Wayne: A bill to amend an act creating a new charter for the City of Jesup; and for tether purposes.
HR 64. By Messrs. Groover of Bibb, Lavender of Elbert and others: A resolution proposing an amendment to the Constitution so as to change the method of amending the Constitution; and for other purposes.
HB 561. By Messrs. Duke and Massee of Baldwin: A bill to amend an act creating a system of Juvenile Courts in this State; and for other purposes.
HB 237. By Messrs. Stripling of Coweta, Willingham of Cobb and Groover of Bibb: .
A bill to amend an act relating to abandonment of children and the penalty therefor, so as to provide that said act shall apply to illegitimate children; and for other purposes.
HB 205. By Messrs. Kennedy of Turner, Foster of Clayton and others:
A bill to amend an act relating to the applicability of the real estate licensing law, so as to provide that such law shall be statewide in appli cation; and for other purposes.
HB 601. By Messrs. Groover of Bibb and Blalock of Clayton:
A bill 0 define criminal acts and to impose civil and criminal penalties with respect to the unauthorized possession of revenue stamps; and for other purposes.
HB 383. By Messrs. Stripling of Coweta and Willingham of Cobb:
A bill to improve and extend by reciprocal legislation the enforcement of duties of support and to make uniform the law with respect thereto; and for other purposes.
HR 191. By Messrs. Blalock of Clayton, Coker of Cherokee and Chastain of
Thomas:
. -
..
A resolution to provide for the disposition of certain metal plates stored in the Capitol Building; and for other purposes.
The House has -adopted the Conference Committee Report to the following bills of the House and Senate, to-wit:
964
JOURNAL OF THE SENATE,
HB 59. By Messrs. Strickland of Toombs, Scoggin of Floyd and others:
A bill to amend an act relating to arrests so as to require the arresting officer who arrests a person under a warrant to bring the accused be fore the person authorized to examine, commit or receive bail within 72 hours; and for other purposes.
SB 30. By Senator Lambert of the 28th:
A bill to provide for the prohibition of the owing, controlling or holding by certain companies of more than 15% of voting stock of banks as defined therein and of bank holding companies as defined therein; and for other purposes.
The House has passed by the requisite constitutional majority the following bills and resolutions of the Senate to wit:
SB 45. By Senators Wilkins of the 44th, Matthews of the 47th and others:
A bill to make it unlawful to park or leave unattended any vehicle upon the right-of-way of any State Highway for over forty-eight hours; and for other purposes.
SB 88. By Senators Davis of the 42nd, Hollis of the 24th and Overby of the 33rd:
A bill to amend Section 114-706 of the 1933 Code of Georgia, to provide for hearings regarding disagreements in connection with Workmen's compensation; and for other purposes.
SB 158. By Senator Richardson of the 13th:
A bill to provide for the licensing and bonding of dealers in agricultural
products; and for other purposes.
5
SB 133. By Senators Millican of the 52nd, Lovett of the 16th and Hollis of the 24th:
A bill to amend the Act creating the Department of Public Safety for Georgia by changing the duties of the Georgia State Patrol; and for other purposes.
SB 110. By Senators Millican of the 52nd, Hollis of the 24th and Lovett of the 16th:
A bill to amend the act creating the State Board of Corrections as to the requirement of a formal adjudication of mental disease before a prisoner is transferred to Milledgeville State Hospital; and for other purposes.
SB 109. By Senators Hollis of the 24th, Millican of the 52nd and Lovett of the
16th: ;
.
.......
: '.
A bill to direct the Commissioner of Agriculture to evaluate each of the present farmer's markets that are being operated by the State and to determine whether any one or more of them should be closed; and for other purposes.
FRIDAY, FEBRUARY 17, 1956
965
SB 108. By Senators Hollis of the 24th, Lovett of the 16th and Millican of the 52nd:
A bill to prohibit officers and departments of State government from spending budgeted funds for any purpose other than the one for which the fund was allocated; and for other purposes.
SB 107. By Senator Millican of the 52nd:
A bill to authorize the transfer to Milledgeville State Hospital without formal commitment of persons enrolled in the Georgia Training School for Mental Defectives; and for other purposes.
SB 71. By Senators Millican of the 52nd, Hollis of the 24th and Lovett of the 16th:
A bill to require all fees paid to departments or agencies of the State of Georgia, except those paid to the common schools or to the institutions of the University System, to be paid into the State Treasury; and for other purposes.
SB 32. By Senator Overby of the 33rd:
A bill to regulate the sanitary conditions of meat, poultry and dairy processing plants; and for other purposes.
SR 23. By Senator Page of the 1st:
A resolution granting to the United States of America a spoilage ease ment to Barnwell Island, to facilitate development of Savannah Harbor, and for other purposes.
SR 17. By Senator Chance of the 51st:
A resolution to officially designate the name for a bridge over Savage Creek on the highway between Tarversville, Twiggs County, Georgia, and Bonaire, Houston County, Georgia, as the "General Ezekiel Wimberly Bridge"; and for other purposes.
SB 96. By Senators Harper of the 26th, Hollis of the 24th and others:
A bill to define and regulate the business of representing insurers other than those transacting life, health, accident, hospital, medical service and tital insurance and bail bonding by individual sureties; and for other purposes.
SB 56. By Senators Turner of the 34th and Harper of the 26th:
A bill authorizing insurance companies organized and doing business by virtue of the laws of this State to acquire and hold real property for the purpose of renting and leasing same; and for other purposes.
SB 78. By Senators Overby of the 33rd, Ursrey of the 54th and others:
A bill to amend an act approved March 29, 1937, known as the "Un employment Compensation Law"; and for other purposes.
966
JOURNAL OF THE SENATE,
SB 51. By Senator Matthews of the 47th:
A bill to amend the act creating and establishing a new charter for the City of Moultrie; and for other purposes.
SB 165. By Senator Florence of the 39th:
A bill to amend an act entitled "An Act to place the Clerk of the Superior Court, the Ordinary, the Tax Commissioner, and the Sheriff of Cherokee County on a salary basis"; and for other purposes.
SB 166. By Senator Brooks of the 50th:
A bill to amend an act establishing the City Court of Lexington in the County of Oglethorpe; and for other purposes.
SB 60. By Senator Shurling of the 21st:
A bill to amend Chapter 23 of the 1933 Code of Georgia relating to counties so as to require a performance bond in favor of the State or county or municipal corporation or other public board or body and further to require a payment bond for the use of laborers and materialmen, subcontractors and laborers and materialmen of sub-contractors; and for other purposes.
SB 58. By Senator Turner of the 34th and Senator Harper of the 26th:
A bill to provide for the approval of all policies of insurance by the Insurance Commissioner; and for other purposes.
SB 119. By Senators Turner of the 34th and Harper of the 26th: A bill providing that all contracts agreeing to furnish ambulance service to any person in this State, shall be construed as health and accident insurance contracts; and for other purposes.
SB 152. By Senators Brooks of the 50th, Jones of the 38th and others: A bill to amend an act creating the Department of Public Safety and defining its duties and powers; and for other purposes.
SB 33. By Senator Hollis of the 24th: A bill to provide for the continuance of cases pending in the courts of this State in which the Attorney General is counsel when the Attorney General and his staff are occupied in aid of the business of the General Assembly; and for other purposes.
SB 81. By Senators Hollis of the 24th and Overby of the 33rd: A bill to declare void any judicial action by any court of this State in any matter in which the State of Georgia is a party defendant, intervenor, respondent, appellee or plaintiff in fi. fa., unless it affirmatively appears as a matter of record that such notice of the proceeding was given to the Attorney General; and for other purposes.
SB 37. By Senator Overby of the 33rd: A bill to amend the "Building and Loan Act"; and for other purposes.
FRIDAY, FEBRUARY 17, 1956
967
SB 125. By Senator McBride of the 10th:
A bill to provide for the regulation of the sale of livestock at auction; and for other purposes.
SB 135. By Senator Overby of the 33rd:
A bill to repeal Section 84-1422 of the Code relative to nonresident real estate brokers and agents; and for other purposes.
SB 99. By Senators Harper of the 26th and Turner of the 34th:
A bill to amend Section 56-216 of the Code, relating to participation by
policy holders in the net profits of insurance companies; and for other
purposes.
.
SB 139. By Senator Overby of the 33rd:
A bill to define debt adjusting, to describe the persons and organizations which shall be considered as engaged in the business of debt adjusting; and for other purposes.
SB 47. By Senator Overby of the 33rd:
A bill to amend Code Section 84-1317, relating to who may sell or com pound drugs; and for other purposes.
SB 48. By Senator Matthews of the 47th:
A bill to amend an act establishing a retirement system for certain teachers in the public and State supported schools; and for other pur poses.
HB 624. By Messrs. Lanier of Candler and Smith of Evans:
A resolution to amend an act regulating the feeding of garbage to live stock; and for other purposes.
The report 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 taken up for the purpose of consideration of House action thereto:
SR 54. By Senators Millican of the 52nd and Overby of the 33rd: A resolution authorizing the Lieutenant Governor to appoint a committee to work with the Governor, Secretary of State and State Auditor in planning committee rooms and offices on the third floor of the State Capitol.
The House amendment was as follows:
968
JOURNAL OF THE SENATE,
Amend SR 54 by adding to the committee, in addition to the com mittee members already provided for, the clerk of the House of Repre sentatives and the Secretary of the Senate and to accomplish that purpose, strikes the fourth paragraph of SR 64 and substitutes in lieu thereof the following paragraph:
"Therefore, be it resolved that a committee be appointed by the Lieutenant Governor, consisting of himself and two members of the Senate and the Secretary of the Senate and that a committee be appointed by the Speaker of the House consisting of himself and three members of the House and the Clerk of the House, to serve with the Governor, Secretary of State, and State Auditor in carrying out the intent of the special item placed in Section 1 of the Appro priations Bill."
Further amend SR 54 by adding after said substituted paragraph the following new paragraph:
"Said committee members shall also give consideration to the planning of press galleries for both the House and Senate and for such other remodeling and alteration, as may appear advisable, to the House and Senate chambers; and to the relocation and improved arrangement of the offices and other space for use of the Clerk of the House and Secretary of the Senate."
Senator Millican of the 52nd moved that the Senate agree to the House amend ment on SR 54.
The motion prevailed and the amendment was adopted.
The president appointed as a committee the following:
Senators Davis of 42nd, Millican of 52nd.
Mr. Brooks of the 50th District, Chairman of the Committee on Senate Ad ministrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs 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:
SR 54. SR 59. SR 64.
Respectfully submitted,
Brooks of the 50th District, Chairman.
Mr. Brooks of the 50th District, Chairman of the Committee on Senate Ad ministrative Affairs, submitted the following report:
FRIDAY, FEBRUARY 17, 1966
969
Mr. President:
Your Committee on Senate Administrative Affairs 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 Governor.
SR 32. SR 28. SR 21. SR 37. SR 14. SR 33. SR 15. SR 36 SR 17. SR 23. SR 30. SR 38. SR 49. SR 54. SR 53. SR 56. SR 59. SR 42. SR 48. SR 35. SR 60. SR 64. SB 19. SB 46. SB 76. SB 82. SB 65. SB 91. SB 16. SB 41.
970
SB 87. SB 122. SB 86. SB 121. SB 68. SB 50. SB 132. SB 85. SB 140. SB 95. SB 54. SB 12. SB 104. SB 44. SB 156. SB 161. SB 49. SB 14. SB 52. SB 61. SB 77. SB 89. SB 92. SB 105. SB 118. SB 120. SB 123. SB 124. SB 127. SB 129. SB 131. SB 136. SB 137. SB 138.
JOURNAL OF THE SENATE,
FRIDAY, FEBRUARY 17, 195<5
971
SB 141. SB 142. SB 144. SB 166. SB 30. SB 32. SB 33. SB 37. SB 45. SB 47. SB 48. SB 51. SB 56. SB 58. SB 71. SB 78. SB 81. SB 88. SB 96. SB 99. SB 107. SB 108. SB 109. SB 110. SB 119. SB 125.
--
Respectfully submitted, Brooks of the 50th District, Chairman.
The following resolutions were read and adopted.
SR 64. By Senator Overby of the 33rd:
A resolution that the General Assembly of the regular session of 1956 do now stand adjourned sine die at 7:30 o'clock, p.m.
972
JOURNAL OF THE SENATE,
SR 65. By Senator Overby of the 33rd:
A resolution providing for a committee to notify His Excellency, the Governor, that the 1956 regular session of the Senate has completed its business and now stands ready to adjourn sine die.
The president appointed as a committee: Senators Overby of the 33rd and Harden of the 27th.
The hour of adjournment having arrived, the president announced the Senate adjourned sine die at 7:30 o'clock, p.m.
INDEX
973
Senate Journal Index
(FOR NUMERICAL INDEX, SEE PAGE 989)
Abandonment; illegitimate children covered, HB 287______800, 801, 866, 882, 888, 937, 963 Abandonment; trial on accusation, HB 71_____________________583, 684, 621, 669, 690 Absentee voting; persons other than military, HB 323_______________709, 711, 887, 952 Absentee voting; military members, HB 394________________-__709, 711, 834, 887, 952 Ackerman, Guerdon F.; compensate, HK 196______-_______________________814, 816 Actions, judicial, declare void, SB 81_____________________214, 332, 337, 413, 966, 971 Acworth, town of; amend charter, HB 528____________________582, 691, 668, 677, 742 Address, Governor Matvin Griffin____.____________--------------------------------------------11-23 Address, Governor Marvin Griffin______________________________________100-113 Address, Governor Marvin Griffin______________________________________184-191 Address, Governor Marvin Griffin______________________________________442-452 Adjudication of persons; provide for idenity, SB 116.______________286, 332, 338, 460, 479 Administrators; sales and conveyances by, SB 112.______________286, 332, 837, 457, 479 Admissibility of evidence; search, etc., HB 203_____________________697, 698, 812, 887 Adoption laws; petition for, etc., HB 352______________________.__.609, 613, 716, 879 Adoption laws; one conformed copy, SB 25_________________------119, 139, 161, 169, 191 Adrian, city of; amend act incorporating, HB 565_____._________685, 687, 804, 805, 859 Agricultural produce dealers; to be bonded, SB 157________________.__._._._534, 597, 618 Agricultural products; dealers in; license, SB 168--.______________534, 597, 618, 634, 964 Ailey, town of; amend act incorporating, HB 360....._____________..420, 426, 503, 515, 659 Albany, city of; amend charter, HB 304.______________________419, 424, 503, 513, 552 Albany, city court of; amend act, HB 227_______________________________269, 266 Albany; levy tax, new industries, HR 41___..______________244, 247, 292, 297, 361-368 Albany-Dougherty county; sewage system, HR 84_..__._____...._.--644, 650, 691, 692, 750 Albany; retirement of employees, HB 380____________________421, 427, 603, 516, 560 Albany; sewage system, HR 77____________________________643, 649, 691, 692, 744 Albany; tax limitations by municipal corporations, HB 94______________156, 160, 249, 251 Albany, city of; qualified voters, HB 93.._____________________156, 160, 233, 235, 254 Allentown, town of; establish charter, HB 609_________________641, 646, 719, 722, 849 Allentown, town of; repeal act incorporating, HB 508_____________681, 589, 669, 676, 739 All-South centennial committee; create, SR 30___________._______._237, 250, 960, 969 Ambulance service; contracts for, SB 119______________287, 605, 609, 663, 693, 966, 971 PROPOSED AMENDMENTS TO THE CONSTITUTION
Albany; promotion of industries, HR 41___-__________244, 247, 292, 297, 361-363 Albany-Dougherty county sewerage system, HR 77__________643, 649, 691, 692, 744 Albany-Dougherty county sewerage system, HR 84__________644, 660, 691, 692, 760 Atlanta; indebtedness, SR 42--___--__________471, 674, 694, 618, 623, 926, 969 Atlanta; revenue anticipation certificates, SR 21_204, 226, 232, 234, 303, 335, 662, 969 Atlanta judicial circuit; term of judges, HR 76__._________646, 649, 691, 692, 743 Augusta-Richmond county board of tax assessors, HR 118__644, 650, 691, 692, 757-760 Brooks county; board of education, HR 201_____________._646, 653, 691, 693, 785 Brunswick-Glynn county port facilities, HR 175___________645, 652, 691, 693, 781 Brunswick-Glynn county port facilities, HR 171___________645, 662, 691, 693, 775 Brunswick-Glynn county sewerage system, HR 172__________645, 662, 691, 693, 778 Brunswick-Glynn county sewerage system, HR 170____.____645, 652, 701, 716, 773 Budget message and general appropriations bill; change number of days
Governor to present, SR 45 --._____.______________499, 640, 643, 618, 656 Chatham county; extension of industrial areas, SR 33_264, 334, 338, 434, 479, 662, 969 Cherokee county; school superintendent, HR 17_________.248, 247, 292, 296, 349-861 Cherokee county; school system, HR 16_______________243, 246, 292, 296, 345-349 Cobb county; paving, HK 22.--__.___.______________.__:244, 247, 605, 516, 654 Crisp county; school system, HR 20________..________243, 247, 293, 296, 361-356 Dougherty county; building permits, HR 33.._________--244, 247, 292, 297, 359-361 Dougherty county; paving, HR 28.__....._....._________244, 247, 292, 296, 357-359 Dougherty county; promotion of industries, HR 42_______244, 248, 292, 297, 363-365 Dudley; promotion of industries, HR 199--_______________646, 662, 691, 693, 783 Floyd county; street lights, HR 82_____.__.___________643, 660, 691, 692, 748 Fulton county grand jury; extension of terms, SR 22________.--_204, 232, 806, 336 Glynn county; homestead exemption, HR 59..______________244, 248, 399, 408, 431 Gwinnett county; board of education, HR 140.__.___.______644, 651, 700, 716, 764 Hall county; fire protection, HR 148________________.__646, 651, 691, 692, 770 Hall county; road and street improvements, HR 143_______--644, 651, 701, 716, 766 Hall county; school system, HR 149_....________________.648, 651, 691, 692, 771 Heard county; board of education, HR 21..__..._________.243, 247, 293, 296, 356-367 Louisville; promotion of industries, HR 129___._____ ____644, 650, 700, 716, 760 Macon county; board of edu'cation, SR 28_______:__229, 251, 271, 307, 835, 662, 969 Method of amending constitution, HR 64___________._.820, 821, 886, 940-942, 963 Mosquito control in Chatham county, SR 32____------245, 832, 388, 483, 479, 662, 969 Muscogee county; licenses and occupational taxes, HR 123--.644, 650, 700, 716, 788, 934 Pierce county; board of education, SR 86_________287, 881, 899, 437, 479, 662, 969 Polk county; school superintendent, HR 60____________244, 248, 292, 297, 365-367 Review by supreme court and court of appeals of judgments
of juvenile courts, HR 32.______________________827, 830, 641, 646, 704
974
INDEX
Salaries of state officials, HB 47;-----.-i--^_______________819, 821, 865, 887, 937
Stewart county; board f education, HR 138___;_______.___644, 651, 700, 716, 762
Stewart county; schools, HR 147
....___________646, 651, 700, 716, 718, 768
Thomas county; board of education, HR 79___________643, 649, 678, 691, 692, 746
Traffic courts in counties of more than 300,000, HB 186---------_646, 652, 691, 693, 780
Vidalia development authority, HR 166._______646, 651, 678, 701, 718, 791-796, 934
Walton county; school system, HR 105--_____________644, 650, 691, 692, 762-757
Americus, city of; create charter, HB 120
.______________225, 229, 272, 273, 299
Americus, city of; promote and advertise state, HB 441___________631, 536, 617, 620, 682
Americus and Sumter county; zoning and planning, HB 483______-633, 687, 617, 620, 684
Anderson, Paul; commend, HR 21 Ex. Sess. .... .._._______________----------------------65, 66
APPOINTMENTS OF GOVERNOR CONFIRMED
Aldred, W. Fred____________________________________________:____172
Armstrong, J. J._______________________________________________171
Arnold, Robert O._______________________________________________958
Atkinson, Grady _________________________________._____________172
Barnard, Hattie, Mrs.____________________________________________173
Baum, John P._________________________________________________175
Best, Richard W._______________________________________________175
Blasingame, W. E.________________----------------------------------------------_,_____173
Blasingame, Wm. Eugene_
Bonaventure, Sister Mary_
Branson, T. C._____
Brown, William ____
Brownette, Miss Thelma D._______._
Bryan, Morris ____
Buckner, W. Ernest_
Carter, H. Lee.
Chastain, Robert
Clark, H. Sol
Clarke, Rudolph ._.
Coker, Grady, Dr._
Culpepper, George B., Jr._______.....________
Cummings, Henry O..
Davis, A. W..._
Davis, B. D., Jr..
Deal, Albert M._
Dixon, Robert D.------------
Dodd, Lamar _
Dnnn, J. R.
Elsas, Norman
Etheridge, Frank
Ferrier, Louis' J._
Garrard, Henry G.
Hardin, N. A---__
Hightower, Miss Sarah.
Holder, Robert M.----i__
Houston, D. Collier------------------------------------------------------;---------.__________-170, 959
Hudson, Miss Dana____.________.._______________________________969
F-i'f, Dr. I.. N.____________________________________;____________958
Johnson, Ben F;--------------------------------------------------------------------------------------------170
Jo'.ivs, HurJey __________________------------------------------------------------------------171
Kelly, Eugene _____________----------------------------------------------:----------------------172
Kennedy, T. E., Jr._________.....__._______________________________172
Laws on, Roger H.______________________________________________174
Lawton, Alexander B.--------:--------------------------------------------------------------------------------16*
. Lott. J. W. _ ___ __ .
_ _i _________. ....... ._____174
Lund, H. O.----------------------------------------------------------------------------------------,--------------178
Lytzen, John _______________________________________________________171
Manning, Mrs. Nora_______________------------------------------------------------------------958
McDaniel, Thad __:_____________________:_______________________174
McGarity, L. C.___::__________________________________________:___969
McTntyre. Trammell ----------------------------------------------------------------------------------171, 958
McSpadden, Grady --------------------,______________________________:----------------174
Melton, Quimby, Jr.------------------------------;--------------i--------------------------------------------958
Merritt, B. F., Jr._____________________________________________-174
Moate, Marvin B----------------,,______________;______________________174
Mpncrief, R. A.____________________,____________________________173
Moulthrop, Edward Alien----------__:__--------------------------------------------------_____170
Murdaugh, Lamar L._________________.___________________________170
Murphy, Mrs. Lucile 0-------------------------------------------------------------------------------------969
NorriH, Lynn, J. _ _ ___ _ _ _ _ _ __ _ __ _ -- __ __ ___ _ ____171
Oatts. E. W._____--------_____------___1"
--------I------------I------!_'"' ... -174
Oser, Theodore ------------------------___----------------------------------:----------;----.____----173
Parham, J. H.___--------:___________--_____________,______:_________170
Patterson, Mrs. S. C.--------_______________________________________959
Pippin, James D.----------------------______----------------------------------------------------------..173
Powers, George F.----------------------------------i__________________________ 175
. Price, David S
Primm, Ralph .
Ray, Richard
Richards, Roy :----
INDEX
975
Rosser, A. A.--------------------------------------------------_____________________959
Russell, Alex ----------------------------------------------------------------------------------------------172
Sale, Miss Nancy--------------------------------------------------------------------------------____ITS
Sheffield, John _______------------------------_----------------------------------------------------171
Sinclair, Dan _________________________________________________ 174
Spratling, J. H., Jr._____________________________________________968
Steele, Tom _________________________________________,_________17 2
Stephens, Mrs. Mattie C.__________-______________________________170
Stephens, Mrs. Nita Luke _________ _ _____________________ ______ 959
Stewart, Arthur T.______________________________________________9 5 9
Stone, Emory, Mrs._____________________________________________170
Tabor, Floyd __________________________________._______________17 5
Tamplin, Howard ______________________________________________172
Taylor, Malcolm F._____________________________________________175
Thompson, John Herman_________________________------_____.__._____174
Thomson, D. N.__.__________________________.________________.....172
Trapnell, J. T._________________________________________________ 171
Twitty, Frank _____________________________________.___________ 172
Wall, Charles K.______j_______._______.________________________17 8
Weir, Paul ______.___'______________________._________________175
West, Charles B._ _ ______ __ _ __ _ ______ __
_ _ 171
Williams, Virgil B._____----__________________--___._______"____I968
Wood, Joe T.___-__________--______________________________--._;___174
Wright, Egbert A-___________________-_____________________ ____175
York, John L.____________________________________________-____170
Armistead, W. W.; compensate, HR 46_______________________827, 381, 477, 481, 518
Armour & Company, Tift County; commend, HE 97--______.________________.213, 215
Arrest bond certificates; Auto Clubs, HB 177____________________419, 424, 505, 512, 690
Arrested Persons; arraignment
72 hours, HB 59__.______,,_,,___,,_____156, 159, 507, 511, 568, 884, 930, 938, 944, 964
Athens; firemen's pension system, HB 343.___________,,_.__.____420, 426, 603, 514, 557
Athens; give tract of land to U. S., HB 342_________________.___420, 425, 503, 514, 557
Athens, town of; amend charter, HB 344_______________________420, 426, 603, 614, 558
Athens, town of; close street, HB 847--------________-----____--___420, 426, 503, 614, 568
Atkinson county; commissioners, HB 224______________--______.258, 266, 334, 340, 406
Atlanta, city of; amend charter, SB 91__.____________.245, 272, 273, 297, 335, 582, 969
Atlanta, city of; election managers, HB 256.________________677, 584, 668, 672, 727, 932
Atlanta, city of; salary of mayor and aldermen, SB 124___________895, 503, 609, 547, 593, 823, 970
Atlanta, city of; board of education budget, SB 141--470, 502, 510, 649, 693, 886, 912-917, 971
Atlanta, city court of; amend act, SB 128--________895, 605, 609, 547, 593, 926, 936, 970
Atlanta, department of parks; improvements, HB 97-________ --224, 229, 719, 720, 836, 960
Atlanta, city of; indebtedness for schools, SR 42______.._.471, 574, 594, 618, 623, 926, 969
Atlanta; revenue anticipation certificates, SR 21_____204, 226, 282, 284, 303, 835, 662, 969
Atlanta; zoning and planning ordinances, HB 469-__________.____678, 686, 668, 673, 788
Atlanta judicial circuit; add two judges, HB 86________________494, 499, 541, 543, 639
Atlanta judicial circuit; judges, terms, HR 76_____________:____646, 649, 691, 692, 743
Atlanta judicial circuit; trial assistants, HB 92 _______________.--156, 160, 232, 235, 254
Atlanta; justice courts, HB 341----------___________________579, 585, 826, 828, 890, 962
Atlanta; lease recreational facilities, HB 108___________________________224, 229, 804, 836
Atlanta; city of; municipal court, HB 357___________________,_800, 801, 832, 882, 889
Atlanta; city of; pensions to officers and employees, SB 142_470, 602, 610, 549, 694, 822-971
Atlanta, city of; salary judges criminal court, HB 523_____ _ _-682, 690, 668, 676, 728, 741
Atlanta, city of; sell certain property, HB 685_________________.610, 613, 719, 723, 856
Atlanta-Fulton county; joint city-county tax assessors, HB 644__643, 647, 826, 829, 892, 962
Attaches of Senate, stay-over resolution, SR 12 Ex. Seas.__.______________________-68
Attaches, Senate administrative affairs comm., stay-over, SR 61___,__________-_.___929
Attaches of Senate; same as 1955 session, SR 3________________-_______________82
Attorney general; solicitor aid in duties, HB 239________________.799, 801, 834, 887, 950
Auburn, town of; amend charter, HB 444----._--__-_______________678, 586, 667, 673, 733
Augusta, authorize land conveyance to Sears Roebuck & Co., HB 494___680, 688, 667, 674, 733
Auto clubs; arrest bond certificates, HB 177___________________419, 424, 505, 512, 690
Automobile liability insurance compulsory law, SB 38___________._____329, 508, 666, 969
Auto license tags; furnish to disabled veterans, SB 130--329, 429, 606, 526, 542, 919, 924, 970
Auto license tags; issuance to disabled veterans, SB 10._______--_._____________93, 151
Automotive training school; committee to confer in Washington, SR 55______________906
Automotive training school; retention of, HR 217---_________.__._______. _.__612, 615
Avondale Estates, city of; amend charter, HB 463___---______--___532, 637, 596, 683, 883
Ayers, Senator; congratulate as Georgia practictioner, SR 8 Ex. Sess.____________.____--40
Ayers, Senator; congratulate on 79th birthday, SR 7-____.__.____._______________83
B
B & B Beverage Company; compensate, HR 160___________________661, 665, 798, 826 Bainbridge, city court; amend, HB 829______________________419, 426, 504, 613, 558 Baldwin county sheriff & clerk of superior court; compensate, HR 9-___----__.166, 201, 206 Baldwin county; commissioner districts, SB 12_________.116, 160, 162, 165, 191, 935, 970 Baldwin county, zoning and planning, HB 168--________________200, 206, 271, 274, 299 Banks and holding companies;
voting stock, SB 80-_____130, 162, 168, 196, 208, 876, 877, 918, 934, 963, 964, 970 Banks county; sheriff's compensation, HB 95--____._______200, 206, 232, 286, 264, 828 Barbers and beauticians; examiners, HB 10--_______________1____199, 204, 606, 611, 667 Barnwell Island; grant easement to U. S., SR 23_________204, 282, 234, 278, 298, 966, 969 Barrow county; commissioner of roads and revenue, HB 892_______466, 474, 689, 645, 601 Baxley, city of; amend charter; corporate limits, HB 432___________681, 685, 617, 620, 681
976
INDEX
Baxley, city court; amend act, HB 648_______________________610, 614, 719, 723, 858 Bennett, A. C. & Mamie; compensate, HE 64___________________201, 206, 398, 403, 486 Berkeley Lake, city of; create, HB 314_______________________419, 425, 503, 613, 847 Billiard rooms; licenses, HB 602______________________________800, 801, 887, 925 Birth certificates; petition to secure, HB 11___________________148, 160, 507, 611, 668 Blasingame, Hon. W. A.; elected to highway board____________________._--......___123 Boards of education; compensation of members in counties, HB 361___579, 585, 640, 670, 689 Boiler rules, board of; create, SB 93_________________________246, 335, 336, 414, 453 Bonds, performance; state, county,
municipal corporation, SB 60-_____..___________180, 276, 290, 294, 381, 400, 966 Bonds, venue of actions on official bonds, SB 143_____________________________470 Boundary commission; negotiate with Alabama committee, HE 133____________--.262, 270 Brake fluid; regulate sale of, SB 46______.________158, 232, 233, 277, 293, 469, 486, 969 Brazeal, Sidney; compensate, HE 229________________________.____.__--____936 Bremen; tax for educational purposes, HB 512__________________681, 589, 669, 676, 741 Brooks county; board of education, HE 201 ...._________________646, 653, 691, 693, 785 Brooks, Ernest & Dorothy; compensate, HE 88 _________________328, 331, 477, 481, 620 Bruce, J. T.; Barfied, J. C., & Gill, H. H.; relieve as sureties, HE 96____--468, 477, 670, 816 Brunswick, city of; amend charter, HB 200 ... ._____________226, 231, 272, 274, 300, 395 Brunswick; port and terminal facilities, HE 171.________________645, 652, 691, 693, 776 Brunswick; port and terminal facilities, HE 175________________645, 652, 691, 693, 781 Brunswick; sewage system, HE 170______.__________________645, 652, 701, 716, 773 Brunswick; sewage system, HE 172____._......._______________645, 652, 691, 693, 778 Budget bureau; advisory budget committee, SB 63______________201, 241, 333, 412, 428 Budget bureau; finance commission; repeal act, SB 67-_____________.___-_202, 241, 602 Budget message and general appropriations bill; time submitted, SE 46_499, 640, 643, 618, 656 Buford, city court of; clerk's salary, HB 590 ..._._______________798, 801, 832, 882, 894 Building & loan act; payment of value of shares to
incompetent, SB 37___________--.___________140, 216, 216, 237, 250, 966, 971 Burke county; incorporate Baptist church at
Buck Head, SB 41____.._____.. ..._______149, 162, 164, 237, 272, 276, 533, 969 Burton, Hon. Joe; wish speedy recovery, HE 61______________________________167 Byron, city of; extend corporate limits, HB 23__________________135, 141, 150, 151, 167
Cairo, city of; extend corporate limits, HB 406 _________________467, 475, 639, 645, 602
Calhoun, city of; reconveyance of state property, HB 230__________799, 804, 830, 919, 966
Calhoun county; furnish law books, HE 67 --________________468, 477, 639, 546, 603
Camden county; convey lands to U. S., HE 182____________________815, 866, 887, 966
Camden county; convey state property, HE 12--_______________468, 476, 638, 546, 608
Camden county; create office of asst. solicitor general, HB 356______395, 397, 604, 615, 569
Camilla, city of; authorize street closing, HB 26-____________186, 141, 160, 152, 167, 210
Camilla, city of; treasurer, HB 242_________________________260, 267, 334, 340, 407
Candidates; election to General
Assembly, HB 626.___________....610, 618, 669, 677, 731, 817, 819, 824, 875, 935
Capital felony; plea of guilty; recommend mercy, HB 54______________820, 866, 888, 925
Capitol building; third floor for legislative purposes, HE 268_____________... 885, 886, 930
Carnivals, tent shows, etc.; impose tax, HB 12 Ex. Sess._______________...~. 31, 42, 51
Carroll county; commissioner roads & revenue, HB 619___________681, 690, 667, 676, 735
Carroll county; tax commissioner, HB 589 ......._____.__________686, 687, 825, 829, 892
Carrollton, city court of; amend act, HB 620 _.._______________681, 590, 667, 676, 736
Carrollton, city court of; solicitor's salary, HB 521___________________.......--...681, 590
Cartersville, city of; amend charter, HB 34 ...____________________._____136, 141
Castleman, Hon. Henry, doorkeeper, congratulate on birthday, SE 31_____. . .._...__239
Catoosa county; board of utilities commissioner, HB 599___________686, 688, 804, 806, 862
Cedartown; parking facilities, HB 296-- -- ._______________262, 270, 290, 296, 344
Cedartown; street and sidewalk improvements, HB 296___________261, 270, 290, 296, 344
Certified public weighers: amend act, HB 149 ... .__________________243, 246, 398, 402
Certified public weighers; tobacco and livestock, HB 208___________465, 472, 639, 544, 606
Chapel; provide for members of General Assembly, HE 43_____________
137, 139
Charlton county; commissioner of roads & revenue, HB 510_________581, 689, 667, 676, 741
Charlton county; board of education members, HB 559____________610, 614, 668, 677, 736
Chatham county; extension of industrial areas, SE 33_____264, 334, 838, 434, 479, 662, 969
Chatham county; attendance of witnesses; fees; etc., HB 386_______466, 474, 607, 516, 560
Chatham county; authorize governing authority expend funds,
mosquito control, SE 32_____
.________246, 332, 338, 433, 479, 662, 969
Chatham county; create civil service system, SB 82_______214, 236, 249, 253. 272, 469, 969
Chatsworth, city of; corporate limits, HB 312 .._________________419, 425, 503, 513, 552
Chattahoochee circuit; additional judge, SB 95.__________263, 332, 337, 453, 479, 935, 970
Chattooga city court; juries, HB 413_.... ......___________496, 501, 617, 620, 680, 933
Chattoosra county; commissioner roads and revenue, HB 412_______496, 601, 621, 719, 847
Chattooga county; commissioner roads and revenue, HB 414_496, 601, 622, 719, 721, 847, 961
Cherokee county; officials on salary basis; HB 619.______________799, 802, 832, 882, 903
Cherokee county; salaries, act of 1953 repealed, SB 165________612, 658, 668, 720. 726, 966
Cherokee county; school merger, HE 16
_____________243, 246, 292, 296, 345-349
Cherokee county; school superintendent, HB 17..._____________248, 247, 292, 296, 349-351
Children; taking indecent liberties with; crime of, SB 18___________118, 332, 336, 410, 428
Chiropody; regulate practice of, SB 16___...._._._________118, 187, 162, 168, 191, 496, 969
Christian, T. W.; compensate, HE 158... .....___________________661, 665, 797, 826, 844
Cigars and cigarettes; amend taxation, SB 55 ......____________179, 428, 429, 489, 517, 630
Cigarettes, cigars, etc.; amend tax act, HB 6 Ex. Sess.________38, 48, 48, 67, 65, 66, 70, 73
City courts; abolish in certain counties, SB 118-1_________287, 399, 400, 462, 479, 823, 970
INDEX
977
CivU cases; trial by consent, HB 83____-____________________200, 20B, 281, 236, 325 Clarke county; fire sanitation and sewage districts, HB 517_________681, 690, 669, 676, 786 Clarke county; furnish lawbooks, HR 62______________________468, 476, 639, 646, 603 Clarkesville; new charter, HB 98__________-____________166, 160, 208, 210, 218, 262 Claxton, city court of; amend act creating, HB 487_----------------------------_----------------488, 687 Clay county; jurisdiction of ordinary, HB 490__________________679, 687, 669, 674, 739 Clayton, city of; lease golf cotfrse property, HB 42 ._____________136, 142, 161, 164, 198 Clayton county; commissioner roads and revenue, HB 899__________466, 474, 638, 546, 601 Clayton county; furnish lawbooks, HB 142____________________469, 477, 676, 696, 628 Clayton judicial circuit; create, HB 379______________________631, 636, 692, 695, 640 Clerks of superior courts; fees, SB 17_______________________118, 138, 161, 169, 191 Clerks of superior courts; duties, HB 422_____________________820, 821, 836, 887, 949 Cleveland, Ralph; compensate, HR 66_____________,______-____660, 664, 798, 826, 837 Clinch county; board of education members; compensation, HB 657-___610, 614, 668, 677, 786 Cloudland canyon state park; exchange of property, SR 15___140, 399, 401, 458, 479, 936, 969 Coal, coke and charcoal; regulate sale of, SB 16--.._______________117, 162, 163, 194, 208 Cobb county affairs; invasion of U. S. attorney general censured HR 51_149, 150, 282, 285, 326 Cobb county; zoning and planning system, HB 68-._____----------___137, 143, 160, 152, 167 Cobb county; paving sidewalks, HR 22-______________________244, 247, 606, 516, 654 Coin machines; regulate use of, lease, rental, etc., SB 167___----------------.------------------612, 695 Colbert, city of; create new charter, HB 109___________________156, 160, 208, 210, 219 Coleman, Carlton; compensate, HR 19____________________---_327, 380, 381, 477, 617 College Park, city of; amend charter, HB 816----~--_.________577, 684, 668, 672, 730, 982 College Park, city of; amend charter, wards, HB 817-_________.678, 685, 666, 672, 781, 933 College Park, city of; corporate limits extended, HB 832____._._____420, 425, 602, 614, 664 Colquitt county; board of commissioners' duties, SB 121____329, 397, 401, 462, 479, 582, 970 Colquitt County; consolidate office of tax receiver and
collector, SB 85____________._____._______227, 271, S73, 297, 336, 533, 970 Colquitt county; create water districts, HB 199__-_______213, 215, 262, 397, 402, 429. 982 Colquitt county; salary of sheriff, clerk of Superior
court, SB 140_____________-___--... ____410, 602, 510, 648, 693, 828, 834, 970 Columbus, city of; corporate limits extended, SB 122.______329, 428, 429, 481, 608, 611, 970 Columbus, city of; sell part of Bay Avenue, HB 123-_____________225, 229, 271, 278, 299 Columbus, city of; water commissioners, HB 238 ..._._____________259, 267, 384, 340, 407 Commerce, department of; board of commissioners, SB 9--.92, 120, 121, 122, 133, 144, 283, 480 Commissioner of agriculture; salary of, code amended, HB 486___583, 587, 671, 674, 795, 938 Commissioner of roads and revenue; funds to boar dof education,
certain counties, SB 86_____________________.228, 271, 273, 297, 336, 682, 970 Commissioner of roads and revenue; funds to board of education,
certain counties, SB 127_________________________396, 603, 547, 593, 710, 970 Committee appointments ______________________________________-_-____98-95 Committee rooms; provide for General Assembly, SR 54___________.886, 906, 967, 968, 969 Committee to study economies in state government, SR 6 Ex. Sess.-------------_______-36, 89 Common carriers; intrastate; waiting rooms, HB 267_____________465, 472, 540, 544, 606 Common carriers; intrastate; waiting rooms, HB 268______________465, 472, 541, 544, 606 Common carriers; female passengers, SB 161-________________--498, 526, 605, 618, 632 Common carriers; provide windshields, SB 72-- _,,________________________203, 640 Compensation resolutions; committee to study, HR 247______________________824, 836 Compound drugs; prohibit sale of by vending machines,
SB 47 ....__________.______.______________158, 216, 217, 238, 250, 967, 971 Conditional bills of sale, recording of, HB 82___...._.__________.____._______200, 205 Confederate pensions, state division of; abolish, HB 188_________-__----_._.__243, 246 Constitution; method of amending, HR 64__._......_..__________820, 821, 835, 940-942, 968 Consumer financing, business of; committee to investigate,
SR 44 -___-__--_____-_---------- ----___471, 507, 611, 567, 576, 657, 671 Continuance of cases; attorney general counsel of, SB 33___133, 161, 163, 196, 208, 966, 971 Conyers, city of; amend charter, HB 374-_______._____________421, 427, 604, 616, 560 Conyers, city of; corporate limits, HB 602_____________________686, 688, 825, 829, 896 Conyers, city of; recorder's court, HB 870____.____.__________421, 427, 504, 515, 560 Cook, Hon. Eugene; express appreciation to, SR 47_____-__-______----_-____--_-658 Cordele, city of; create new charter, HB 21-___.____________.------135, 140, 150, 151, 166 Cordele, school system merger, HR 20------___..._.___--_..___-243, 247, 293, 296, 351-355 County boards of education; condemn property; schools, HB 110__282, 288, 399, 401, 442, 486 Court of appeals; review of juvenile court judgments, HR 32-_______-327, 330, 641, 646, 704 Court, traffic; new system; certain counties, HR 186_______._.____.646, 652, 691, 693, 780 Covington, city of; corporate limits, HB 222.._....._____.____.___..258, 265, 334, 339, 405 Covington Mills, town of; revoke charter, HB 223______._________268, 265, 834, 339, 405 Credit unions; borrowing power, etc., HB 181___..._____________.678, 584, 667, 671, 805 Creditors; notice to; advertisement requirement, SB 117______.__--287, 332, 338, 460, 479
D
Dallas, city of; create new charter, HB 465__.__________.__632, 637, 835, 882, 891, 962 Dalton, city of; create new charter, SB 69._________________180, 232, 233, 252, 421, 480 Dalton; establish corporate limits, HB 179----___._______________226, 230, 290, 295, 843 Dalton; levy taxes for public schools, HB 178.------_________._..__.225, 230, 290, 296, 342 Davis, Honorable James; address joint session, HR 86.____________________.----129, ISO Davis, Honorable James; address joint session, HR 86____________________.179, 183, 211 Dawson; amend charter; officers, taxes, water, lights, etc.,
SB 76 ----__._.___________..____...._______-204, 249, 251, 276, 298, 469, 69 Dawson; amend charter; officers, taxes, water, lights, etc., HB 273___261, 269, 334, 841, 408 Dawson; sell state lands, HR 141_______.....--________________660, 664, 716, 726, 876 Dean, Senator; practice law without bar examination, SR 60______._____....._._.__------797 Debt adjusting; comprehensive act, SB 189________________470, 507, 510, 566, 693, 967
978
INDEX
Decatur, city court of; abolish, HB 468__________.___'.._--.._.__.532, 636, 598, 826, 849, 961 Deeatnr, city court of; judge's salary, HB 577___-_--_.._-___.642, 649, 702, 882, 893, 962 Decatur, eity court of; practice and procedure, HB 461._.._:______--...532, 637, 597, 683, 883 Decatur county; port facilities, HE 188_._________...._.____661, 665, 714, 726, 805, 872 Deeds to secure debt; real property; reversion of title, HB 442.___.._578, 586, 669, 673, 814 DeKalb county; bailiffs, special criminal, HB 462__________:______632, 537, 597, 683, 883 DeKalb county; board of education, districts, HB 246_____________531, 535, 697, 679, 883 DeKalb county, civil court; jurisdiction, HB 617_________._____.798, 802, 831, 882, 908 DeKalb county, civil court, jurisdiction, HB 460__________632, 536, 696, 825, 850-856, 961 DeKalb county; establish merit system, HB 678__________.........__685, 687, 882, 888, 891 DeKalb county; governing authority, HB 124_______________530, 634, 597, 719, 728, 981 DeKalb county; joint planning commission, HB 244_____.630, 535, 832, 882, 883, 889, 962 DeKalb county; militia district; election precinct, HB 248________--.260, 267, 334, 340, 407 DeKalb county; electricians, HB 676________________________642, 649, 701, 719, 860 DeKalb county; salaries of elective officials, HB 246__:___1_....631, 635, 697, 804, 846, 961 Dental clinic; Milledgeville state hospital; committee to investigate, SR 13 ._--_------140, 162 Dental examiners, board of; amend act, HB 298_____._____.__._262, 270, 334, 342, 410 Dentists; licensing of certain, SB 161________________684, 621, 670, 671, 684, 936, 970 Department of public health; local registrar; certain counties;
SB 160 ------____.__-._____________________.....498, 674, 694, 618, 622, 822 Department of public safety; change duties, SB 183._________428, 478, 480, 526, 542, 964 Department of public safety; director of, SB 41.--______________:_471, 602, 510, 564, 593 Department of public safety; enforcement of segregation,
SB 162 __...___--.__________:____________.___498, 640, 542, 618, 632, 966 Department of public safety; public chauffeur's licenses, SB 164________________499, 677 Department of public safety; salaries, etc., HB 660 ._______._____611, 614, 716, 724, 873 Department of public safety; uniform division, HB 562_____.__.__709, 712, 863, 887, 946 Departments of state government; expend funds, SB 108.___285, 593, 594, 618, 632, 965, 971 Distribution of funds derived from taxes, extra session, SR 7 Ex. Sess.____._._----.---- ._..41 Distribution of funds derived from taxes, extra session, SR 14 Ex. Sess..____69, 76, 77, 78, 80 Distribution of funds derived from taxes, extra session, HR 7 Ex. Sess.__.._____._.--.-.59, 61 Divorce; relief of disabilities; amend act, HB 448__:___________.....609, 613, 716, 721, 880 Divorce cases; deposit costs, SB 13_______________:____.:_____.117, 138, 161, 168, 191 Divorces; granting, amend act, HB 449______________________610, 618, 716, 722, 880 Dougherty county; building permits, HR 33---______________244, 247, 292, 297, 359-361 Dougherty county; fire protection districts, HB 881______________466, 474, 675, 595, 626 Dougherty county; sewage system, HR 84_-___________________644, 660, 69.1, 692, 750 Dougherty county; levy tax on property, HR 42_____________244, 248, 292, 297, 363-365 Dougherty county; street paving assessment, HR 28__________.244, 247, 292, 296, 857-859 Dougherty county; tax receiver and collector, HB 808_________._--.281, 289, 606, 618, 652 Dougherty judicial circuit; create, SB 84......__.___________.227, 280, 507, 525, 562, 598 Douglas, city of; amend charter; corporate limits, HB 289__________261, 269, 334, 341, 409 Douglas, city of, amend charter; corporate limits, HB 290__________261, 269, 834, 841, 409 Douglas, city of; amend charter; ordinances, HB 293_______:____261, 269, 834, 341, 409 Douglas county; create restricted zones, HB 410________________467, 475, 539, 545, 602 Douglas county, furnish lawbooks to, HR 58 ___________________468, 476, 639, 546, 603 Douglas county; sheriffs, delegate powers, HB 366__':.___________466, 473, 639, 644, 600 Drivers' Licenses; amend act; fees, HB 1 Ex. Sess._________.35, 42, 60, 69, 60, 64, 70, 71 Drivers' Licenses; issuance of duplicate; fee, HB 898_____________659, 663, 716, 721, 879 Drivers' Licenses; suspension of, HB 322_________--__________799, 801, 866, 887, 953 Druffel, Honorable John, U. S. Dist. Judge; commend, HR 74._____.______....____179, 183 Dublin, city of; amend charter, elections, SB 92______246, 272, 278, 297, 885, 813, 820, 970 Dublin, city of; amend charter, school tax, SB 137.________469, 688, 642, 598, 618, 823, 970 Dublin, city court of; amendments; jurisdiction, HB 181_--._-_____268, 265, 825, 828, 889 Dublin, city court of; compensation of judge and solicitor, HB 155____267, 264, 825, 828, 888 Dublin judicial circuit: amend act creating; HB 226_:_____________258, 266, 605, 612, 660 Dykes, Senator and wife, express thanks to, SR 89----------_________------------------___------393
E
East Dublin, town of; amend charter, recorder's court, HB 182_______258, 265, 824, 828, 889 East Dublin, town of; tax returns, HB 167____________________258, 266, 825, 828, 888 Eastern judicial circuit; additional judge, HB 73.,_________.______494, 499, 541, 643, 639 Eatontpn, city of; amend charter, HB 62___,________.__.__,_.__137, 142, 161, 166, 194 Economies in state government; committee to study, HR 9 Ex. Sess.___:________-----.60, 61 Economy committee recommendations; departments to carry out,
HR 65 _..__._______-__________________________244, 248, 333, 342, 452 Edenfield, Honorable Mose; thank for dinner, HR 218..._.______________,_.__..__612, 616 Eggs; regulate marketing, class, size, weight, etc., HB 91_--_______178, 182, 207, 210, 222 Elections; absentee voting, HB 323.__._______________.__________709, 711, 887, 962 Elections; time and manner of qualifications of candidates,
SB 68 ___-_.----________________.____202, 282, 283, 252, 272, 582, 970 Elective officials; salaries, HE 47__________________________819, 821, 865, 887, 937 Employees, hospitals and institutions, HB 136__------.469, 540, 542, 604, 618, 876, 878, 970 Employees retirement system; creditable service, HB 16___________177, 181, 207, 210, 239 Employees retirement system; years of service, SB 86.----_________189, 208, 209, 219, 233 Engineers; board of professional; act of 1945 amended, HB 294______327, 330, 541, 644, 607 Engineers, professional licenses; fees, HB 467.____:_____________583, 586, 669, 673, 816 Evans, Horace; compensate, HR 3__--.__------._____._______201, 206, 333, 842, 484 Evidence; admissibility of; unlawful search, arrest, etc., HB 203_________697, 698, 812, 887 Excess insurance agents law; amend SB 100____------------------------------263, 506, 609, 562, 593
INDEX
979
Farmers; commend members U. S. Congress for efforts, HR 107------------------------------227, 2S1 Farmer's markets; closing and disposition, SB 109--------------285, 398, 400, 442, 479, 964, 971 Farmer's markets; cull produce; sale of,
SB 19 ___!___________118, 148, 144, IBS, 168, 284, 298, 828, 829, 488, 682, 969 Farmer's markets; leases, SB 26___________________119, 207, 209, 219, 288, 421, 480 Fayette county; tax commissioner, HB 88----____------------------------186, 141, 161, 164, 192 Federal appropriations for dams, basins, etc., HR 15 Ex. Sess.----------------------------------------60, 61 Feed and feeding stuffs; commercial; sale of, HB 106_____________282, 288, 898, 401, 486 Feeding stuffs; concentrated commercial; redefine, HB 103_________282, 288, 398, 401, 466 Fees; paid to state departments and agencies go to treasury,
SB 71 _________________________________208, 241, 838, 418, 428, 965, 971 Fiduciary; registration of securities held by corporate, SB 97--------------263, 398, 400, 455, 479 Firemen; pensions for; act amended, HB 278____----:------------------------894, 396, 647, 694, 694 Fireworks, sale of; county authority, HB 340_________----------.678, 585, 669, 672, 782, 809 First Lady of Georgia, express appreciation to, SR 16-----------------------------------------------------164 Fiscal control officer; create, HB 186____.--_--------------------------------496, 600, 640, 670, 796 Fishing on Sunday; repeal act prohibiting, HB 813-------------------------------465, 472, 539, 546, 576 Fitzgerald, city of; amend charter--civil service, insurance, HB 466__532, 537, 668, 673, 737 Fitzpatrick, Mark.-Jim Duncan Bridge, designate, HR 40---------------------------_------633, 638, 716 Floyd county; board of education members; compensation, HB 869_..__495, 501, 617, 619, 679 Floyd county; commissioner of roads and revenue, HB 367-----496, 500, 617, 619, 679, 728, 983 Floyd county; compensation for county officers, HB 890___________496, 601, 617, 620, 680 Floyd county; street lights, HR 82___________________--------_..643, 660, 691, 692, 748 Flynt, Hon. John; address joint session, HR 36_____--------------------------------------------129, ISO Flynt, Honorable John; address joint session, HR 85____----._--~_____----,--179, 188, 211 Flynt, Honorable John; commend, HR 285----------------------------------------.:__----------------710, 796 Food act; Georgia, create, HB 119______------__---------------------------282, 288, 398, 401, 490 Forest fires; urge all Georgians to prevent, SR 10 Ex. Sess.__.__________----------63, 62, 66 Forest fires; urge all Georgians to prevent, HR 16 Ex. Sess.----------------------.------------------60, 61 Forest fires; notice to ranger, HB 146_____.____...____________242, 246, 398, 402, 491 Forest fires; firing of woods, lands, etc., prohibited, HB 148________242, 245, 402, 492, 932 Forest Park, town of; amend charter, HB 262__________________260, 268, 290, 295, 343 Forestry commission of Georgia; lookout towers, HB 147--------------___242, 246, 898, 402, 491 Forsyth county; furnish lawbooks, HR 207____________--------------800, 803, 833, 882, 904 Forsyth county; sell state lands, HR 141___--__________-------___660, 664, 716, 726, 876 Fortune, Lincoln; compensate, HR 80_________-______-_______328, 381, 477, 481, 520 Fountain's Dry Cleaners & Laundry, Inc.; compensate, HR 89_______819, 821, 831, 883, 948 Fox population; provide for control of, SB 83____________:__________-227, 604, 608, 566 Franklin County; commissioner, repeal act, HB 198___________212, 214, 526, 617, 625, 663 Franklin County; furnish lawbooks to, HR 49____.____-___----------179, 182, 2S2, 235, 256 Franklin Springs, city of; amend charter, corporate limits, HB 497____580, 688, 667, 675, 740 Freight rates; General Assembly opposed to increase in, HR 260_______.________906, 936 Fullerville, town of; surrender charter, HB 166_.__.____________225, 230, 271, 274, 300 Fulton county; budget, provide for, HB 495.___________________580, 688, 668, 675, 789 Fulton county; budget, provide for, HB 505___._._.____________580, 689, 668, 675, 7S4 Fulton county; chief deputy for county officers, HB 334_______896, 396, 504, 614, 654, 824 Fulton county; civil service board, HB 650__-___________-__---___.._----643, 647, 824 Fulton county; commissioner roads and revenue, compensation, HB 421_468, 476, 574, 595, 627 Fulton county; clerk superior court, salary of, HB 418____________678, 585, 668, 673, 7S2 Fulton county, commissioner roads and revenue, SB 86 -____228, 271, 273, 297, 335, 582, 970 Fulton county; commissioner roads and revenue funds to board
of education, SB 127________-____--._--___:__-___896, 503, 647, 693, 710, 970 Fulton county; county officers law applicable, HB 687____________643, 649, 720, 725, 861 Fulton county, dept. of public health; local registrar, SB 160.____498, 574, 594, 618, 622, 822 Fulton county; director of public safety, HB 666____________.642, 648, 719, 724, 858, 962 Fulton county; employees, pensions, HB 637__..__.____._._____.643, 647, 720, 723, 856 Fulton county; grand jury; extension of terms, SR 22 ...___.____-----.204, 232, 234, 306, 335 Fulton county; joint-city-county tax assessors, SB 169____534, 617, 619, 671, 678, 886, 911 Fulton county; joint-city-county, tax assessors, HB 644___----_648, 647, 825, 829, 892, 962 Fulton county; joint-city-county, tax assessors, SB 87__.---.228, 271, 273, 298, 836, 633, 970 Fulton county; judges and solicitor-general; retirement, HB 420_.467, 476, 675, 696, 622, 933 Fulton county; pensions, employees, HB 645_...._________641, 646, 647, 720, 723, 867, 961 Fulton county; pensions, firemen, HB 536----__.__.____....______.643, 647, 720, 723, 856 Fulton county; pensions county employees, HB 491_____________-679, 687, 668, 674, 783 Fulton county; pensions for policemen, HB 584--.._.___.________--------.641, 646, 720, 855 Fulton county; retirement of judges and solicitor-general, HB 667____642, 648, 720, 724, 860 Fulton county; sheriff; fix salary, HB 419_____:_______________467, 475, 575, 695, 627 Fulton county; superior court, judges' salaries, HB 604___________6&0, 589, 668, 676, 734 Fulton county; traffic court, new system, HR 186_______________646, 662, 691, 693, 780 Fulton county; voting machines, HB 263._____________________,.260, 268, 507, 612, 650 Fulton county; voters' registration act, HB 264.....____________.__260, 268, 334, 341, 408 Fulton county; zoning and planning ordinances, HB 260_________.--260, 268, 834, 341, 408
G
Gainesville, city of; amend charter, corporate limits, HB 864_______421, 427, 503, 615, 737 Gainesville, city of; amend charter, street improvements, HB 283_.__259, 267, 334, 340, 406 Game and fish commission; act of 1965 amended, HB 113______710, 712, 834, 881, 927, 962 Game and fish committee; members of old and new committee; to make tour, SR 18_______183 Game and fish commission; revise laws, HB 286--___.__________327, 380, 399, 403, 484 Game and fish commission; salaries of employees, HB 112__________326, 330, 398, 401, 488
980
INDEX
Garrett, Senator; congratulate on his 67th birthday, SE 51__________.____________806 Gasoline tax; exempt certain used for manufacture of certain articles, SB 34___._______139 General appropriations act; provisions for, HB 243------530, 634, 577, 717, 721, 866-869, 934 General Assembly; candidates for, county or state primary,
HB 626 _____--__________._.___610, 613, 669, 677, 731, 817, 819, 824, 875, 985 General Assembly; members of; provide Chapel for, HR 43____________._.___----187, 139 General cemetery act; create, SB 164______._____________._.:__684, 640, 670, 671, 685 General tax act; amend, rim-fire pistols, HB 532________________660, 664, 716, 722, 880 Georgetown, town of; incorporate, HB 63__________.:___._____137, 142, 161, 165, 194 Georgia accrediting commission; high schools, HR 136____________________.__284, 305 Georgia board of landscape architects; create, SB 101________284, 338, 337, 417, 487, 508 Georgia board of naturopathic examiners; repeal practice of, HB 121___178, 182, 223, 250, 279 Georgia citizens council; repeal act creating, HB 184_______ _____243, 246, 333, 339, 527 Georgia food act; create, HB 119________;__,--_______________282, 288, 398, 401, 490 Georgia industrial loan act; approve executive order suspending tax,
SB 43 -----___-__._______________________149, 162, 164, 197, 208, 283, 480 Georgia industrial loan act; amend, rate of interest, SB 66_____________202, 469, 692, 698 Georgia industrial loan act; levy tax, HB 2, Ex. Sess.______:_____________38, 43, 48, 61 Georgia labor; contract between state and contractors,-SB 28--.___:-;________:_:,,---- 119, 138 Georgia military reorganization act; chance state flag, SB 98_263, 292, 295, 376, 400, 578, 619 Georgia post mortem examination act; amend, SB 162________________58S, 616, 619, 684 Georgia retailers & consumers' sales & use tax act; amend, HB 426_______708, 712, 833, 870 Georgia retailers & consumers sales & use tax act; amend, HB 80____708, 711, 862, 881, 926 Georgia state war veterans home; establish, HB 14 Ex. Sess--________85, 86, 42, 43, 49, 60 Georgia state war veterans home; establish, SB 3, Ex. Sess._______________24, 27, 32, 39 Georgia training school; transfer mentally defective to Milledgeville
state hospital, SB 107___________________:___285, 606, 609, 563, 618, 965, 971 Gillis, James L., Sr., designate certain bridge as, SR 9_____________.__114, 121, 134, 144 Glascock county; sheriffs travel expenses, HB 697______________686, 687, 804, 806, 861 Glascock county; tax receiver and collector and commissioner, HB 368_421, 427, 478, 481, 517 Glynh county; commissioner of roads and revenue, HB 325_________894, 896, 604, 513, 553 Glynn county; homestead exemption, HR 69___________________244, 248, 399, 403, 481 Glynn county, port facilities, HR 189-____________________661, 666, 714, 726, 805, 884 Golden, Miles V.; compensate, HR 6-18f_____________________________709, 712, 869 Gordon county; national guard armory, HH 227__:__________799, 804, 827, 830, 918, 967 Governor; address joint session, HR 5, Ex. Sess._______________________________10 Governor; address joint session, SR 3 Ex. Sess.______________________________.__9 Governor; address joint session, HR 120_________________________________2S9, 240 Governor; invitation to appear before Senate, SR 11, Ex. Sess.____________-__________67 Governor, message from, joint session, HR 6__________________________________84 Governor, committee of escort, budget message, HR 72_--_._____._______________157 Governor, address joint session, HR 161_________________________---------------413, 417 Governor; address by______________________________________________442-452 Governor; address by________________________________________________11-23 Governor; budget message__________________________________________184-191 Governor; state of state message______________________________________100-113 Governor; rescind HR 120 for joint session, HR 134__________________._.___-262, 270 Grant, Early T.; compensate, HR 127_._----_______________496, 601, 616, 621, 703, 934 Griffin, city of; close portion of street, HB 250_______________--260, 267, 399, 402, 430 Griffin, city of; corporate limits extended, HB 818_________:__495, 500, 673, 591, 600, 663 Griffin, city of; corporate limits extended, HB 252---____-_________.260, 268, 899, 403, 430 Guardians and wards; application for appointments, SB 111_________-286, 332, 337, 455, 479 Gwinnett county; board of county commissioners, HB 211_.________258, 265, 334, 839, 404 Gwinnett county; board of edu'cation, HR 140--_______----_______644, 661, 700, 716, 764 Gwinnett county; compensation of sheriff, ordinary, etc., HB 212.___-_----265, 334, 839, 404 Gwinnett county; tax commissioner and treasurer, HB 213_________.258, 265, 334, 339, 404
H
Habeas corpus, writ of; change return day, HB 206.__.--_,,_______.282, 289, 592, 595, 694 Habersham county; commissioner, roads and revenue, HB 39_._____.178, 181, 252, 502, 549 Hall county; commissioner, advisory referendum, HB 240._________-259, 267, 834, 340, 407 Hall county; fire prevention districts, HR 148__________________646, 661, 691, 692, 770 Hall county; pave roads and streets, HR 143 -______________.__644, 651, 701, 716, 766 Hall county; school system, superintendent, HR 149______________646, 651, 691, 692, 771 Hapeville, city of; amend charter, HB 616_______--___________798, 802, 832, 882, 902 Hancock county; tax commissioner, HB 159_____----_,,__________200, 206, 232, 235, 265 Harper, Senator; practice law without bar examination, SR 50_______________-______797 Harrell Highway; designation of, HR 57___--._..----_______--.-282, 289, 592, 696, 704, 934 Harris county; furnish lawbooks to ordinary, SR 37_______287, 332, 338, 403, 428, 611, 969 Harris, Walker; compensate, HR 110________________________660, 664, 797, 826, 840 Hart county; board of finance, HB 96_______--__.___,,_______200, 205, 250, 251, 277 Hawkins, Colonel Benjamin; bridge designated, HR 206____.______662, 666, 715, 725, 876 Heard county; board of education, HR 21____----_.-.--.__.____243, 247, 293, 296, 355-357 Heard county; commissioner of roads and revenues, HB 44_____________136, 161, 166, 193 Helen, Town of; change corporate limits, HB 539.----__._______----641, 646, 706, 719, 856 Hess, Dr. and Clark, Inc.; compensate, HR 116----____________--328, 332, 616, 621, 702 Hiawassee, city of; amend act incorporating, HB 553-__.___________641, 648, 689, 719, 858 Highway funds; distribution of, SR 5, Ex. Sess.____________________.81, 41, 42, 49, 52 Highway members; joint session to elect, HR 7__--_______________________:------_-84 Highway members, joint session to elect, HR 8___------------------------------____--------------84,85 Highways, limited access; certain counties, HB 258___________260, 268, 505, 512, 551, 982 Hill, Henry C.; widow of; compensate, HR 169_________________819, 821, 881, 883, 948
INDEX
981
Hill, Roy; compensate, HR 113________________________'.______________660, 664 Hiram, Town of; amend charter, HB 416__-__________________467, 475, 589, 545, 602 Historic property; preservation of certain, SB 48._________________._671, 699, 824, 969 Hog cholera; storage and shipment of virus, SB 22--____-_119, 143, 144, 164, 163, 283, 480 Hogansville, city of; corporate limits, HB 558_________________.642, 648, 719, 723, 869 Hogansville, city of; corporate limits, HB 568__________________642, 648, 719, 724, 860 Hospital care study commission, HR 75______________________799, 803, 870, 881, 947 Hospitals and institutions; employees receive services,
SB 136 ______,______________________469, 640, 642, 604, 618, 876, 878, 970
Ideal, town of; corporate limits, HB 405______________________467, 476, 639, 646, 601 Income tax; amend, change rate, HB 10 Ex. Sess.________49, 62, 54, 64, 67, 69, 70, 74, 75 Income tax; committee to study state and federal tax laws, HR 131___710, 713, 833, 870, 947 Income tax laws; conform to U. S. income tax; study commission,
SR 34 _____________________________________264, 333, 338, 417, 482, 608 Income tax; Korean veterans (executive order)________________________________99 Industrial loan act; suspension of tax (Executive order)_________________________^_97 Insane persons; restoration of sanity; lunacy trials, HB 141_____283, 288, 659, 716, 806, 931 Insurance agents; licensing of, SB 96_______________,_263, 303, 398, 464, 479, 965, 971 Insurance companies; abatement gross premium tax, HB 266____465, 472, 717, 721, 878, 961 Insurance companies; accident, sickness and hospitalization; regulate,
SB 14 ______________..........________....117, 132, 143, 152, 163, 919, 920-924, 970 Insurance companies; acquire real property; investments,
SB 56 _______________.______..___________180, 215, 217, 238, 250, 965, 971 Insurance companies; acquire real property; investments, SB 74__________________--,203 Insurance, auto liability; compulsory law; committee to study, SR 38______329, 508, 665, 969 Insurance, auto liability, compulsory law, SB 11__________.__.___._________114, 216 Insurance commissioner; approval of policy forms, SB 68__...180, 605, 508, 618, 628, 966, 971 Insurance agents, excess; amend, filing of affidavits, SB. 100--,_____-263, 606, 509, 662, 593Insurance companies; gross premium tax, HB 8, Ex. Sess.___.28, 29, 32, 44-46, 69, 61, 65, 72 Insurance companies; prohibit retrospective agreement, SB 130_________________422, 493 Insurance companies; profits for policyholders, SB 99_____268, 506, 508, 562, 693, 967, 971 Insurance companies; retaliatory tax, HB 299--.____.____________708, 711, 873, 887, 962 Interposition, supreme court decision null and void, HR 185_.______533, 638, 692, 696, 629 Irwin county; commissioner roads and revenue, SB 131____423, 503, 510, 548, 593, 710, 970
J Jackson electric membership cooperative; compensate, HR 96_______.328, 331, 477, 481, 522 Jackson, R. H.; compensate, HR 229._--------------------------------------_----------._--------------986 Jefferson, city court of; salaries of judge and solicitor, HB 480___577, 578, 687, 667, 674, 738 Jekyll Island; committee to study; HR 260--.____________..__._..____..__885, 886, 929 Jenkins county; tax commissioner's salary, SB 149_______497, 543, 674, 676, 598, 618, 822 Jesup, city of; amend charter, HB 615______________.____798, 802, 831, 882, 902, 963 Jesup, city of; deed to portion of an alley, HB 429._______________.468, 476, 575, 596, 628 Johnson, Mrs. W. A.; compensate, HR 119____________________611, 615, 701, 715, 841 Jones, T. Q. and Mrs. Valie Jones; compensate, HR 68__________.._538, 688, 616, 621, 702 Judges of superior court emeritus, SB 54___________179, 276, 332, 386, 411, 428, 935, 970 Judicial action; state a party to, SB 81___________________214, 332, 337, 413, 966, 971 Jurors; traverse, panels of twelve, HB 81_____________________178, 181, 231, 234, 279 Jury duty; change age limit for exemption, HB 583.______________.__.819, 821, 866, 888 Justices of peace; register of search warrants, HB 204_____________.____ -698, 812, 887 Juvenile court act; amend, certain counties, HB 70..______________199, 204, 232, 234, 258 Juvenile courts; adopted children, jurisdiction of, HB 853________--495, 500, 641, 644, 607 Juvenile courts; amend, parole of juveniles, HB 661__________799, 801, 835, 887, 981, 963 Juvenile court judges; practice of law, HB 87_____________._200, 205, 832, 338, 461, 497 Juvenile courts; review of jurisdiction by court of appeals and supreme
court, HR 32 ___________________________________327, 330, 641, 646, 704
K
Kalock, Mrs. Emil; compensate, HR 203____________________....816, 816, 831, 883, 944 Kingsland, city of; close certain alleys, HB 209_____________226, 281, 334, 839, 404, 934 Kite, Town of; amend charter, HB 669__________..____________642, 648, 719, 724, 860
L Laborer's and materialmen's liens, HB 269____________________282, 289, 832, 341, 492 Lake City; city of; mayor and councilmen, HB 618_________.__.__.799, 802, 831, 882, 903 Land processioners; residence requirements, SB 89____228, 332, 337, 453, 479, 938, 939, 970 Landscape architects; Georgia board of, create, SB 101_______284, 383, 337, 417, 487, 508 Larceny; concealment of unpurchased goods, SB 38___------____140, 161, 168, 198, 208, 505 Laundry, unclaimed; public sale of, HB 603__r.________________.__.800, 801, 828, 925 Laurens county; fund to encourage industries, HR 199_______:___....646, 662, 691, 693, 783 Laurens county; ordinary's salary, SB 138----.:__-______..470, 538, 542, 598, 618, 828, 970 Lawrenceville, city of; corporate limits extended, HB 518__________.681, 590, 667, 676; 736 Laws and journals; distribution to counties, HB 193__________419, 424, 507, 612, 671, 932 Laws and journals; distribution to courts, HB 631______._________583, 591, 669, 677, 816 Lawson, Hon. Roger H.; elected to highway board--.____________________________124 Legislative economy and study committee; create, SR 62__.:________J_____________805
982
INDEX
Legislators other states; committee to study problems of; HR 2 _____________________________218, 215, 249, 261, S2B, 826, 880, 422
Lewis, Leon; compensate, HR 68___________________________688, 688, 696, 716, 841 Lexington, city court of; judge's compensation, SB 166____612, 668, 668, 720, 727, 966, 971 Liberty county; furnish lawbooks to, HR 211__________________800, 804, 883, 882, 904 License fees; loan companies, ratify suspension of, HR 177_______.__708, 718, 826, 830, 964 Licenses, billiard room; amend act, HB 602_______________________800, 801, 887, 926 Liens, laborer's and materialmen's, HB 269____________________282, 289, 332, 341, 492 Liens; mechanic's and materialmen's; amend, SB 61_______180, 276, 332, 416, 428, 938, 970 Limited access highways; HB 268______________________260, 268, 606, 512, 661, 982 Lindsley, Thulia; compensate, HR 7-18g______________________________709, 712, 869 Linwood, town of; amend charter, HB 600_____________________686, 688, 826, 829, 894 Livestock, disease control board; create, SB 60-______168, 207, 210, 219, 233, 496, 669, 970 Livestock and poultry; use of sulfanilamide, HB 100_____________283, 288, 898, 401, 466 Livestock, feeding of garbage; regulate, HB 624_________________799, 803, 827, 830, 967 Livestock, feeding of garbage; act amended, SB 24------____119, 143, 144, 164, 163, 283, 480 Livestock; regulate sale of at auction, SB 126..__________896, 604, 609, 664, 693, 967, 971 Loan act, Ga. industrial; amend, rate of interest, SB 66______________202, 469, 692, 698 Loan act, Ga. industrial; approve executive order, tax, SB 43_149, 162, 164, 197, 208, 288, 480 Loan act, Ga. industrial; taxation, HB 2 Ex. Sess.__________________-----38, 48, 48, 61 Loans, license fee, ratify suspension, HR 177.____________:_____708, 718, 826, 830, 964 Long county; board of education, compensation, HB 282__._______261, 269, 832, 882, 889 Long county; ordinary, compensation, HB 616______________:___681, 690, 667, 676, 736 Lord, Mrs. Lillian; compensate, HR 156______________________611, 616, 693, 717, 818 Louisville, city of; levy tax, promotion of industries, HR 129_______644, 660, 700, 716, 760 Lowndes county; board of education, election, HR 83___________800, 803, 833, 882, 906-911 Lowndes county; use of voting machines, HB 871_______________466, 473, 638, 646, 600 Lula, city of; grant charter, HB 282___:__________________269, 267, 290, 296, 699, 711 Lumpkin county; create restricted zones, HB 666______________--610, 614, 668, 677, 742 Lumpkin county superior court; terms, HB 891__!__------___:_____466, 474, 676, 696, 627 Lnmpkin county; tax commissioner, compensation, HB 411_________467, 476, 639, 645, 602 Lunacy trials, restoration of sanity, HB 141_______________288, 288, 669, 716, 806, 981
Me
McDuffie county; terms of superior court, HB 88____'.__________186, 141, 161, 164, 192 HcRae, city of; compensation of mayor and aldermen, HB 126--------------225, 229, 272, 273, 299
M
Macon, city of; closing an alley, HB 300________________.____-.262, 270, 290, 296, 344 Macon, city of; close portion of street, HB 613__________________686, 688, 826, 880, 902 Macon, city of; corporate limits, HB 564______________________642, 648, 719, 724, 859 Macon, city of; eminent domain, HB 614___________:__________798, 802, 881, 882, 902 Macon, city of; hospital commission; anti-tubercular sanitarium,
HB 612 ___---____________________________________686, 688, 826, 830, 901 Macon, city of; hospital commission, HB 611-__________________686, 688, 826, 829, 901 Macon, city of; mayor and council, HB 830___-_________--____419, 426, 504, 514, 658 Macon, city of; pension system, police and fire departments, HB 75___156, 159, 208, 210, 218 Macon, city of; pension system amended, HB 610_________798, 802, 828, 829, 895-901, 963 Macon, city of; re-enact charter, police and fire departments, HB 76___166, 160, 208, 210, 218 Macon, city of; re-enact charter, HB 144__________________,__225, 229, 271, 274, 278 Macon, city of; re-enact charter, HB 160__-___._____________226, 230, 271* 274, 299 Macon, city of; vest title in portion of Pine Street, HB 151_________418, 424, 504, 611, 650 Macon county; board of education, election of members,
SR 28 _______________________--_________229, 261, 271, 807, 335, 662, 969 Macon county; commissioners, election, HB 621______________....799, 803, 832, 882, 904 Macon county; supplement fees of ordinary, HB 582______________643, 649, 719, 724, 861 Malt beverages; license and excise taxes, SB 148-.._____________:____497, 714, 720, 873 Malt beverages; license and tax, HB 6 Ex. Sess.____________________85, 43, 48, 61, 69 Malt beverages; manner of revoking licenses, SB 147__________.__-___-__497, 714, 720 Manchester, city of; corporation limits, HB 860-_____________.__420, 426, 603, 516, 568 Manchester, city of; taxation, HB 349--__.--_----_______________.420, 426, 603, 515, 558 Mann, Mrs., wife of Senator Mann; congratulate, SR 11_______----___________--------ISO Mansion, Governor's; renovation of; commend Governor for, HR 78_--------------_.__179, 183 Marion county; superior court terms, HB 40___-_______________136, 142, 161, 164, 192 Marriage licenses; issuance of, HB 183______.____________243, 246, 607, 526, 630, 663 Martin, Hal &.; compensate, HR 93___._.__.._.________________328, 331, 477, 481, 622 Massage; licensing and registration of persons, HB 167--_________.._..___.----494, 600, 670 Meat, fish and poultry; sale of by net weight only, SB 27-__119, 160, 168, 195, 208, 283, 480 Meat, poultry and dairy processing plants, HB 82.--__,,___130, 291, 294, 367, 400, 966, 971 "Memorial Bridge"; designate in honor deceased veterans, SR 9, Ex. Sess.._._--------------:--_-63 Memorial to Congress; agricultural commodities, disposal of surplus, HR 36_129, 131, 211, 222 Memorial to Congress; agricultural technicals "Point Four Program", SR 19_181, 398, 401, 487 Memorial to Congress; cotton acreage, HR 9______________________116, 162, 197, 828 Memorial to Congress; farmers, efforts for, HR 107.________________________227, 281 Memorial to Congress; Federal aid for education, HR 87______________________611, 616 Memorial to Congress; urge Ga. delegation oppose HR 753, HR 222_______________612, 616 Memorial to Congress; protest tariff changes, HR 12 Ex. Sess._______________^.__-- 49, 68 Memorial to Georgians; gave life in armed services, SR 66----------------------------------------906, 969 Meriwether county; commissioner's compensation, HB 533____________610, 613, 719, 866 Metal plates; disposition of; stored in Capitol building, HR 191___800, 803, 866, 887, 965, 963 Meyer, Mrs. Ann H.; compensate, HR 197_____________________661, 666, 798, 826, 846
INDEX
983
Microfilm records; certain cou'nties, HB 378______-___________466, 473, 669, 672, 782 Milk, fluid; sale, inspection, etc., HB 605.____-___------______.....819, 821, 827, 829, 945 Milk industry in Georgia; committee to study, HR 63________________-------._810, 969 Milk Industry; consolidate House and Senate committees to study, SB 69-----928, 960, 968, 969 Milledgeville, city of; corporate limits extended, HB 152__________464, 471, 667, 672, 7-87 Milledgeville, city of; corporate limits extended, HB 158__-_____.__.464, 471, 667, 672, 737 Milledgeville, city of; zoning and planning with county, HB 156______257, 264, 604, 512, 550 Milledgeville state hospital; commission to examine persons,
HB 142 __________-__________________ _____283, 289, 659, 716, 809, 982 Milledgeville state hospital; patients from Ga. training school,
SB 107 -________----_.___________________25, 606, 609, 668, 618, 965, 971 Milledgeville state hospital; transfer control of, committee to study, SR 49_.___--........796, 969 Milledgeville state hospital; transfer management, SB 134--------_--____..__.__.----.423, 670 Miller county; use of voting machines, HB 285--.__;_:______-___--.465, 472, 639, 544, 699 Minimum foundation program of education act; amend, SB 1, Ex. Sess._________-___--9, 32 Minimum foundation program of education act; amend, SB 128_________________896, 440 Minimum foundation program of education; funds, SB 70____________-_____----202, 442 Minimum foundation program of education; election of teachers, etc.,
HB'473 --_____--.________---_-----______________683, 686, 640, 670, 810 Monroe, city of; corporate limits extended, HB 404__________.___--467, 474, 503, 616, 561 Monroe, city of; extend corporate limits, HB 162-___-____...._...-------------- -_225, 230, 246 Montgomery county; tax commissioner's compensation, HB 280--____259, 266, 834, 340, 406 Mooney, Dr. John; compensate, HR 29-___.__-___-_-______.___660, 664, 797, 826, 886 Mooneyham, W. S.; compensate, HR 112___________:_________--660, 664, 798, 826, 840 Morris, Preston; compensate, HR 125_________-__------_______661, 666, 797, 826, 888 Morrison, Senator; practice of law without bar examination, SR 50____....--_-------_-__797 Mortality tables; admissibility of in evidence, HB 63._____________166, 159, 292, 295, 891 Mothers; care of pregnant unmarried, HB 171----_____-__..___.__418, 424, 506, 612, 571 Motor fuel tax law; exempt fuel oil used in curing of tobacco, SB 126______396, 502, 609, 598 Motor fuel tax law; amend taxation, HB 7 Ex. Sess..____:_-_____..___.._28, 29, 30, 36, 37 Motor fuel tax; carriers other states, HB 9 Ex. Sess.___.__________--__._28, 30, 36, 37 Motor scooters; drivers' license, HB 274----------__--677, 584, 812, 825, 905, 952, 956, 967 Motor vehicle licenses;'increase fees, HB 4, Ex. Sess.-___.41, 48, 49, 64-67, 66, 67, 68, 69, 72 Motor vehicle responsibility act; amendments, HB 26___------...,,.----_698, 698, 818, 887, 918 Motor vehicles; used for religious activities (Executive order)_______________.__-___98 Motor vehicles; size and load limitation, HB 114--__i--:______226, 229, 276, 291, 324, 395 Moultrie, city of; amend charter, utility systems, SB 61 --___158, 659, 668, 720, 726, 966, 971 Moultrie, city of; extend corporate limits, HB 627___________582, 591, 678, 719, 849, 961 Mount Vernon, town of; corporate limits, HB 862_______:___:_:__420, 426, 603, 616, 659 Mountain View, city of; incorporate, HB 287______-____________261, 269, 899, 403, 481 Multiple-beam road lighting equipment; require, SB 4, Ex. Sess.----t____24, 27, 38, 89, 60, 81 Municipal corporations; damage actions against, HB 269_______327, 380, 397, 502, 512, 572 Municipal home rule; provide in municipalities, SB 81____________130, 188, 216, 220, 288 Muscogee county; elections, hours of, HB 107_-______:_______._200, 205, 282, 235, 266 Museogee county; fire protection system, HB 389___._________----.395, 897, 604, 614, 557 Muscogee county; licenses and occupational taxes, HR 128._____644, 650, 700, 716, 788, 934
N
National guard armory; Gordon county, HR 227_____________799, 804, 827, 880, 918, 957 National junior chamber of commerce week, HR 44--------------____________._------137, 189 Natural resources department; amend act creating, HB 580___._.___697, 699, 714, 724, 871 Naturopathic examiners, Georgia board of; practice of, HB 121______178, 182, 223, 260, 279 Newnan, city court of; judge's compensation, SB 132______428, 479, 480, 617, 542, 662, 970 Newspapers; venue of libel actions against, SB 76______'._208, 236, 271, 272, ?78, 836, 875 Neville, Dr. Lester; designate bridge, HR 18___________________282, 289, 592, 696, 700 Newton county; treasurer, HB 201.______________,__________213, 215, 271, 274, 301 North West Point, city of; establish charter, HB 646__________.__641, 647, 719, 723, 868 Northern judicial circuit; time of meeting, HB 168_______________464, 468, 541, 643, 599 Notify Governor General Assembly ready to adjourn, SR 66_______________.______--.972 Notify Governor General Assembly convened, SR 2, Ex. Sess._______________________9 Notify Governor General Assembly ready to adjourn, SR 16, Ex. Sess._________________78 Notify Governor General Assembly convened, HR 2, Ex. Sess.______________________10 Notify Governor House has convened, HR 2--___------____.______________._____88, 84 Notify House Senate has convened, SR 1, Ex. Sess.------__________________------------------9 Notify House Senate has convened, SR 2__----__----______________________.82, 86 Nurses; registration and examination fees, HB 197______________327, 830, 606, 612, 672
0 Obscene literature, abusive language, etc., HB 407__________--.679, 585, 701, 718, 875, 962 Obscene matter; inquiry into offenses of, HB 284--.__:...______..827, 380, 641, 544, 606, 882 Okefenokee rural electric membership corp.; easement, HR 18----___.____468, 476, 516, 678 Old age and survivors insurance; act of 1958 amended, HB 623__:___--801, 803, 826, 880, 947 Old age assistance act; amend, claims, SB 6, Ex. Sess._________________31, 36, 41, 43, 46 Old age assistance act; claims, SB 64--___________--_________:___201, 606, 508, 681 Opticians, 'state board of dispensing, HB 27__------___212, 214, 492, 541, 689, 707, 919, 960 Optometry; definition of, HB 363--____:_______,_____420, 427, 666, 592, 696, 800, 810 Ordinary, court of; issue fi fas, SB 114.----------__:_____________286, 832, 337, 459, 479 Ordinaries; provide retirement benefits, HB 327--.--________:_465, 472, 692, 695, 695, 933 Qverby, Senator Howard; congratulate on birthday_------------_______________....____40 Oxford, Hoii. C. Dixon; elected to Highway Board______:_____:___________________128
984
INDEX
Pardon and parole board; advisory staff, HB 65_______166, 159, 507, 611, 670, 686, 929, 934
Perkerson, M. V.; compensate, HR 106____--------------------------------------_________496, 601
Parks, State; advisory commissioner; repeal act, HB 482___________697, 699, 714, 722, 870
Parks, playgrounds, golf courses, etc.; disposal of,
SB 6.________________92, 120, 121, 182, 144, 283, 293, 301, 328, 468, 480, 496
Parks; recreational property, leasing, etc., HB 579___________697, 699, 715, 724, 870, 934
Peace officers annuities and benefits; act amended,
SB 49______________________________168, 237, 291, 294, 375, 400, 935, 970
Peace officers; revenue for paying annuities to, SB 168_______....498, 568, 592, 618, 683, 949
Peace officers; subsistence allowance, HB 336___..465, 473, 507, 689, 669, 672, 732, 864, 958
Pensions; firemen, state of Georgia, HB 278_____.______________394, 396, 547, 694, 694
Perry, city of; election of mayor and councilmen, HB 446._________631, 636, 617, 620, 688
Photostatic equipment; authorize superior courts to install, SB 90____228, 440, 507, 528, 542
Piedmont judicial circuit; reporter's salary, SB 129._______.422, 605, 610, 548, 693, 828, 970
Pierce county; authorize Governor to convey lands, SR 14___140, 381, 399, 416, 428, 936, 969
Pierce county; election of members of board of education,
SR 36 ___ __ _ _ _ _ _
_ __ ___ 287, 881, 399, 437, 479, 662, 969
Pine Lake, city of; amend charter, elections, HB 676______________642, 649, 701, 719, 860
Pineview, town of; amend charter, HB 214.__.--._______________226, 281, 334, 339, 405
Pipelines; Intrastate natural gas systems, HB 465_______________632, 636, 717, 722, 8S4
Polk county; school superintendent, HR 60_________________244, 248, 292, 297, 365-367
Pooler, Town of; amend charter, HB 226______________________258, 266, 384, 840, 406
Pooler, town of; corporate limits, HB 229______________________269, 266, 884, 840, 406
Port facilities; Decatur county, HR 188___________________661, 665, 714, 726, 806, 872
Press, radio, etc.; commend for services, SR 13, Ex. Sess._________________________69
Press; express thanks to members of, SR 60______________________________929, 969
Price, C. B.; compensate, HR 165___________________________661, 666, 797, 826, 846
Probation officers: appointment of, HB 72....___________________199, 205, 232, 234, 253
Probation, statewide system; create,
HB 85 __________________....136, 141, 147, 209, 332, 376-880, 422, 429, 488, 496
Professional licenses; fees for renewal, HB 467.________________683, 686, 669, 673, 816
Property in Chattanooga, Tenn.; not covered in W & A R. R. lease, SB 145____--.497, 571, 606
Public property; closed to public; trespass on, SB 2_______91, 120, 121, 132, 144, 226, 293
Public health, director of; compensation, SB 163____________________684, 670, 720, 810
Public sales; unclaimed laundry, HB 60S_________________________800, 801, 828, 926
Public sales of property; places for holding, HB 267;_____________679, 584, 669, 672, 813
Public safety council; create act, HB 607.____,________________________799, 802, 884
Public service commission; rules relating to railroad employees, SB 73_____....___---203, 639
Pulaski county; convey lands in, HR 180_________________________816, 866, 887, 917
Pulaski county; commissioner's salary, HB 452_________________632, 636, 719, 722, 848
Pulaski county; exchange lands, HR 178__________________________816, 866, 887, 917
Pulpwood; load of to be chained, 2 chains or cables, SB 160____________634, 697, 618, 636
Quail, pen raised; sale of for commercial purposes, SB 20 ______________________________118, 143, 144, 163, 163, 213, 236, 480
Quante Plumbing & Heating Co., compensate, HR 128 _____________ 661, 665, 797, 826, 842
Rabun county; tax commissioner's clerk, HB 41 _________________ 136, 142, 161, 164, 193 Randolph county; furnish lawbooks to, HR 237._________________._-710, 718, 833, 905 Randolph county; furnish lawbooks to, HR 236_____________________710, 713, 833, 905 Randolph, Nolen Burl; compensate, HR 167.____________________661, 665, 797, 826, 8431 Real estate brokers; non-resident licenses, SB 185 ___________ 469, 607, 610, 666, 693, 967 Real estate brokers ; licenses, code amended,
HB 206 _________________________ 697, 698, 725, 825, 871, 887, 927, 948, 963 Real property ; reversion of title, HB 442 ______________________ 678, 586, 669, 678, 814 Registered mail; define, SB 42_________________________ 149, 162, 164, 197, 208, 986 Reidsville, city court of; amend, HB 373______________________466, 473, 602, 615, 660 Reprieves _________________________________________________________96 Retirement systems; authorize to invest in real estate, HR 261____________________-886 Retirement systems ; investment of funds in real estate, SR 68._____________._______947 Revenue anticipation certificates; by counties certain facilities, SB 106___________286, 689 Revenue anticipation certificates; issuance of, SR 21___204, 226, 232, 234, 303, 335, 662, 969 Revenue stamps; forged, false, etc., as contraband, HB 601 _____ 800, 802, 835, 887, 950, 963 Reynolds, Senator; express sympathy to for death of brother, SR 27_________________211 Richardson, Hon. A. Cullen; wish speedy recovery, HR 16 ____________----_________115 Richland, city of; amend charter, eminent domain, HB 453 _________682, 686, 719, 722, 848 Richmond county; consolidate tax assessors, HR 118__________644, 650, 691, 692, 767-760 Richmond county; county officials, fees to salary system, HB 143________200, 206, 249, 251 Richmond county: port facilities, HR 204______________661, 666, 714, 726, 806, 827, 874 Richmond county property; convey lands, HR 205_______________710, 713, 826, 880, 946 Richmond county; public school system, HB 385.________________466, 474, 576, 595, 626 Richmond county; solicitor general, trial assistant, HB 427_________468, 476, 576, 696, 627 Richmond county; tax commissioner, HB 228__________________269, 266, 290, 296, 348 Ricketson, Senator ; congratulate on birthday__________________:________________40 Rincon, town of; election hours, HB 403--________.____________467, 474, 639, 545, 601 Ringgold, city of; amend charter, qualified voters, HB 598._________686, 687, 804, 805, 862 Riverdale, city of; charter, HB 297_____________________________262, 270, 290, 296
INDEX
985
Roberta, city of: corporate limits extended, HB 64_______________187, 142, 161, 165, 194 Eockdale county; furnish lawbooks to, HE 80..-_________________178, 182, 232, 286, 255 Rockdale county; tax commissioner, compensation, HB 180_________212, 214, 249, 251, 277 Rome, city of; corporate limits extended, HB 499_______________680, 688, 667, 675, 784 Rome, city of; retirement system amended, HB 600_______________580, 688, 667, 676, 784 Rome judicial circuit; solicitor-general and assistant, HB 877_______495, 501, 617, 620, 679 Royston, city of; charter amended, HB 802--.----_______________419, 424, 60S, 618, 651 Rules of Senate; amend, agriculture committee, SR 26_____________________... 204, 211 Rules of Senate; amend for 1956 session, SR 4___________________________ 83, 86-89 Rules of Senate; amend governing of joint sessions, SR 5____________________83, 85, 89 Rules of Senate; rules of 1955 session adopted, SR 1_______________________ ~___82 Rules of Senate; amend relating to pages and doorkeepers, SR 6______________... 83, 86, 89 Rules; amend SR 4 reference to rule 110; not apply to press, etc., SR 8________93, 120, 122
S
St. Marys, city of; amend charter, voters, taxation, HB 288_________261, 269, 334, 341, 409
St. Marys, city of; closing of certain streets, HB 291_____________261, 269, 334, 341, 409
Sales & use tax; conditional sales, notes, etc. HB 80_____________708, 711, 862, 881, 926
Sales tax act; amend, fertilizer, insecticides, etc., HB 426______________708, 712, 833, 870
Sandersville, city of; corporate limits extended, HB 616___________681, 690, 669, 676, 786
Sandersville, city court of; judge, solicitor, HB 396______________421, 427, 60S, 616, 561
Saunders, Hal; compensate, HR 173___.__
______________611, 615, 658, 717, 817
Savannah, city of; civil service system amended, HB 231___________259, 262, 266, 295, 843
Savannah, city of; holding of primary elections, SB 21_________118, 150, 152, 166, 191, 272
Savannah, city of; recorder of police court, terms, SB 28___119, 160, 162, 166, 192, 226, 272
Savannah, city of; registration of voters, time of elections,
SB 29 ____________________,,..._._________120, 150, 162, 166, 192, 226, 272
Savannah, city of; sale of land to Taliaferro Baptist Church, HB 417___467, 475, 538, 645, 608
Savannah district authority; amendments, SB 144 ________470, 802, 510, 549, 694, 823, 971
Schools, consolidated; must have vote of people in county,
SB 62 ______________________.----..._______179, 441, 604, 523, 542, 935, 970
Schools; county board of education; eminent domain, HB 110____282, 288, 899, 401, 442, 486
Schools; Georgia accrediting commission; set daily attendance, HR 136-----------_..--. 284, 808
Schools; leasing of property for private purposes, SB 3_________91, 181, 145, 151, 226, 293
Schools; no funds for non-segregated, HB 801 . .. _______________495, 500, 640, 670, 811
Schools; private; certificate of safety (fire hazards) SB 8___92, 120, 121, 133, 144, 227, 293
Schools; public, closing of, provide for grants, SB 1___________91, 131, 145, 151, 226, 293
Schools; public; funds for segregated schools, SB 7_______________92, 120, 121, 146, 151
Schools: southern history taught in, HB 564 ..._______________.__697, 699, 812, 827
Schools; superintendent (cou'nty) ; powers, duties, etc., HB 433_____588, 586, 717, 721, 879
Schools; superintendents (county); removal from office, HB 484____679, 586, 717, 721,879
School tax digest; provide separate for each county, SB 2, Ex. Sess._______.....
__9, 32
School tax; county-wide, increase amounts, HB 50____------------------187, 142, 161, 165, 198
Securities, registration of, held by corporate fiduciary, SB 97_______263, 898, 400, 455, 479
Seeds; certification of variety, HB 104.._... .._.__________________178, 182, 207, 210, 222
Seeds; regulate labeling, sales, etc., HB 195 ....._..._.___________243, 246, 398, 402, 491
Senatorial districts; rearrange and change districts, SB 79------------------------------_. 214, 483
Sheppard, W. E.; compensate, HR 102__.. ._._________________468, 477, 593, 596, 655
Sheriffs; delegate powers, fi fa sales, HB 359 ....___________________466, 473, 812, 826
Sine die adjournment; General Assembly, SR 16 Ex. Sess.__________________---_ 78, 81
Sine die adjournment; General Assembly, HR 31 Ex. Sess.______________--... ... -_-70
Sine die adjournment: General Assembly, SR 64____________________960, 968, 969, 971
Smallwood, Pelton; compensate, HR 11__---_-________________201, 206, 333, 342, 484
Smyrna, city of; charter amended, HB 69 ........______________137, 143, 150, 152, 168
Smyrna, city of; corporate limits extended, HB 368______________420, 426, 604, 515, 659
Social security board: salary of directors, HB 601 ...______________660, 663, 716, 722, 872
Social security; coverage of employees of political
subdivisions, HB 16_________.
--....______177, 181, 209, 215, 217, 239, 284
Soft drink manufacturers; license and control of, HB 263______421, 424, 602, 613, 694, 824
Solicitors-general; duties in aid of officials, HB 289.--..___________799, 801, 834, 887, 960
Solicitors-general, assistant; certain judicial circuits, HB 348___659, 663, 716, 721, 873, 961
Solicitors-general retirement system; act of 1949 amended, HB 202___282, 289, 332, 839, 491
Southeast Georgia gas authority; create, SB 94 ..__.________________263, 276, 539, 646
Southern Bell Telephone Company; express thanks to, SR 57____________._----_... ._925
Southern forest fire prevention conference, endorse, HR 220___________----. -612, 616
Southern history; study in schools, HB 554 ...... ....___________'._____697, 699, 812, 827
Southern judicial circuit; compensation of judpres, HB 647_________709, 712, 831. 882, 905
Spalding county; board of commissioners of roads & revenue, HB 524__682, 591, 669, 677, 736
Spalding county; compensation of commissioners, HB 261_________260, 268, 399, 403, 480
Stalling. Charles A.; compensate, HR 229
...--. __________________ . . ._986
State agencies; board members; prohibit selling to state, HB 111_178, 182, 207, 210, 391, 422
State board of corrections, prison industries, HR 187____________708, 713, 831, 883, 954
State board of corrections; comprehensive act, SB 35 ..._____189, 209, 248, 275, 309-328, 985
State board of corrections; transfer of prisoners to Milledgeville
state hospital, SB 110-_______._.. --_. ..__________286, 606, 509, 664, 693, 971
State board of education; funds, certain services, SR 4 Ex. Sess.__________.- . .:__28
State board of health; compensation of members, SB 80___________214, 540, 642, 604, 618
State board of health; reduce number of members of SB 69_____________....... 202, 640
State flag; Ga. military reorganization act amended, SB 98__263, 292, 295, 876, 400, 678, 619
State government, departments of; control spending,-SB 108_285, 698, 594, 618, 632, 965, 971
State department: fees paid to so to treasury, HB 71...,____208, 241, 833, 413, 428, 965, 971
State employees: physical examination required, HB 207___------465, 472, 717, 721, 863, 961
986
INDEX
State lands: deed to U. S., lands in Savannah, HR 181___._____.___.-_.815, 866, 887, 956 State lands; sell National Guard armory in Milledgeville, HR 60....____.327, 331, 505, 517, 574 State office building authority; employees' included in retirement
system, SB 156__._.._...___-_......_.....___.499, 534, 540, 543, 605, 619, 936, 970 State officials, certain; salary allowances, HB 485_._..___._._._583, 587, 669, 674, 795 State officials; salaries and expenses ex officio officials, HB 192__243, 246, 478, 480, 527, 932 State officials, elective officers, salaries, HR 47____...._____....___819, 821, 865, 887, 937 State parks, cabins, HR 190--.__._._.__.._.__....._._..__...___._708, 713, 834, 881, 955 State patrol cars; unofficial riding in, claims, SB 155....._____._____499, 541, 643, 605, 619 State printing office; stu'dy of advisability of, HR 194____________.708, 713, 826, 830, 956 State property; closed to public, SB 2--___._________....91, 120, 121, 132, 144, 226, 293 State property; National Guard armory in Chatham county, HR 209....__662, 666, 718, 725, 874 State property insurance fund; create, HB 529---_______..._.._______._____..._......._B91 State property; leased other than for educational purposes, SB 146_... ._.. . .--497, 571 State property; leases; Senate to ratify, HB 190_.....__.___.....__--495, BOO, 541, 544, 690 State records; committee to study
building for, SR 35.--__.._.__________.264, 335, 641, 643, 618, 653, 886, 945, 969 State records; microfilming of, HR 192_____....________________708, 713, 865, 887, 955 State records; committee to study storing of, HR 124_____..__660, 665, 718, 725, 881, 954 State school building authority; amend, leases, SB 4__________92, 131, 146, 151, 227, 293 State school building authority; training facilities, HB 684___._____660, 664, 717, 725, 880 State treasurer; payment on warrants of deputy
comptroller general, HB 185_________._..__________226, 230, 332, 339, 455, 932 Statesboro, city of; amend charter, utility systems, HB 331________419, 425, 603, 514, 554 Stephens county superior court; terms of, HR 604_______________686, 688, 826, 829, 895 Stewart county; board of education, HR 138.________._________644, 651, 700, 716, 762 Stewart county; furnish lawbooks to, HR 161___._._____________611, 615, 719, 725, 862 Stewart county; schools, HR 147--.--__.____..____.________645, 651, 700, 716, 718, 768 Stoffragen, George B.; compensate, HR 66_._._..._________________327, 331, 477, 481, 519 Stone Mountain, city of; clerk and police, HB 464-_.___..________532, 537, 696, 684, 883 Stone Mountain circuit; additional judge, HB 469_______.___.___660, 663, 726, 826, 848 Subpoenas; service of; registered mail, HB 48------____.________178, 181, 231, 234, 279 Subversive activities act; amend, questionnaires, HB 12__._____.__156, 169, 232, 234, 279 Sulfanilamide; use of livestock and poultry, HB 100.__._...____.____283, 288, 398, 401, 456 Sumter county; compensation board of education members, HB 439____531, 535, 617, 620, 682 Sumter county; create restricted zones, HB 440-_______________531, 535, 617, 620, 682 Sumter county; zoning and planning commission, HB 483___________533, 537, 617, 620, 684 Superior court clerks; duties of, HB 422-_____._______________820, 821, 835, 887, 949 Superior court clerks; fees of, SB 17....__..._..___..._________.___118, 138, 161, 169, 191 Superior court clerks; record of sex criminals, HB 400___._______...709, 711, 863, 887, 953 Superior courts; judges emeritus, SB 54----.----__..__-179, 275, 332, 336, 411, 428, 93B, 970 Superior court reporter emeritus; service requirements, HB 221-__.__.__._.._-___-820, 835 Supreme court; review of juvenile court judgments, HR 32______._.327, 330, 541, 546, 704 Supreme court of Georgia; commend, SR 62_____--....--_--...._____..._._..._.._._930, 960 Surveyors & laborers; compensation, HB 365------_---____---___------465, 473, 507, 615, 573 Button, Judge I. Homer, designate bridge, HR 45_______________244, 248, 505, 516, 673 Swint, Charlie B.; compensate, HR 198--_--._______..__________661, 666, 798, 826, 846 Sylvester, city of; extend city limits, HB 401---...._______________421, 427, 503, 516, 561
T Tax, income; committee to study, HR 131____.______.___....___710, 713, 833, 870, 947 Tax, income; change rate, HB 10 Ex. Sess._----________-49, 52, 54, 64, 67, 69, 70, 74, 75 Tax, income; state laws conform to U. S. law, SR 34__________264, 333, 338, 417, 482, 508 Tax, income; Korean veterans (executive order)--...----------------------.----------------....--__._.-99 Tax, income; liquidation of corporation, HB 384._________579, 585, 667, 678, 814, 872, 933 Tax, intangible property tax act; amend, HB 333._________466, 473, 602, B14, 672, 696, 933 Tax- intangible property tax act amend, HB 382_______________531, 635, 667, 673, 813 Tax returns; amended, HR 48__._.__.__...._______________282, 289, 602, 516, 674 Taxation; insurance companies, gross premium tax,
HB 8 Ex. Sess-__.......___._...__......_..__._..____28, 29, 32, 44-46, 59, 61, 65, 72 Teachers' retirement system; amend act establishing, SB 48--158, 441, 478, 482, 688, 967, 971 Teachers retirement system; benefits, certain teachers, HB 866______467, 475, 641, 716, 812 Teachers retirement; compute years* service, HB 8___.----------------------------------148, 149, 441, 478 Teachers retirement; provide admission in private
schools, SB 6--.--__.________-----___________92, 120, 121, 133, 144, 227, 293 Teachers retirement; service other states, HB 9_----____________--__148, 150, 441, 478 Testamentary guardians; appointment, dismissal, etc., SB 116_______287, 332, 338, 460, 479 Theft, larceny; concealment of unpurchased goods, SB 38.._..___140, 161, 163, 198, 208, 505 Thomas county; board of education, HR 79_-____--_._.--___643, 649, 678, 691, 692, 746 Thomas county; salary of ordinary, clerk, sheriff, etc., HB B91_____.685, 687, 825, 829, 894 Thomas county; tax commissioner, HB 594___________________686, 687, 804, 805, 861 Thomas, Mrs. Evelyn; compensate, HR 19_--._________________327, 330, 381, 477, 617 Thunderbolt, town of; amend charter, zoning, HB 640_______.._._641, 646, 719, 723, 857 Thunderbolt bridge; designate as "memorial bridge", SR 9, Ex. Sess.--------------------------..----53 Tignall, town of; grant new charter, HB 32__________________-155, 159, 283, 234, 262 Tobacco farmers; allotments, leasing, SR 40______------------------------------------398, 400, 422 Tobacco farmers; allotments, leasing, HR 132--------------------------------------------------------262, 270 Todd, Theolia F.: compensate, HR 90_______________________B33, BS8, 616, 621, 817 Toms, Senator; express sympathy for death of brother, SR 12----------------------------------------180 Torts; parents' responsible for children's wilful
and wanton, HB 851___,____________________,___496, BOO, B41, B44, 607, 961 Tourist courts; registration of guests, SB 104----------------------286, S8B, *87, 468, 479, 936, 970
INDEX
987
Traffic courts; new system, certain counties, HB 186--------------------------646, 662, 691, 698, 780 Trash, throwing of on public roads, SB 44___----------------------167, 216, 217, 238, 250, 935, 970 Traverse jurors; panels of twelve, HB 81_____________________178, 181, 231, 234, 279 Trials; term of trial in civil cases, HB 83.____________________200, 205, 231, 235, 825 Troup county; compensation of commissioners, HB 626___________582, 591, 667, 677, 742 Troup county; pension system amended, HB 264.________________261, 268, 384, 341, 408
U Unemployment compensation law; amend, SB 78______213, 292, 295, 382-891, 400, 966, 971 Uniform narcotic drug act; amend, oral prescriptions for
certain drugs, HB 47__.__...--. ....__________________178, 181, 216, 217, 240 Uniform support law; enforcement, HB 383-_______--------___709, 711, 865, 887, 950, 968 Uniform traffic act; revoke licenses, HB 450-____.--------------------___577, 686, 716, 722, 946 Union county; tax commissioner, office and hours, HB 321_________394, 896, 604, 513, 553 University of Georgia & Georgia Tech Athletic Association, HR 216______------------611, 615 University of Georgia law school; appreciation to, HE 223____________________612, 616 Unmarried mothers; foster home care, HB 171 .________________418, 424, 606, 612, 671
Valdosta, city of; amend charter, corporate limits, HB 506_________580, 589, 678, 720, 849
Vandiver, Lieutenant Governor & Speaker of House; thank for dinner, SR 46_--------____606
Vandiver, Lieutenant Governor & Mrs.; thank for banquet, SR 68--------------_----------------925
Van Leer, Colonel Blake, family of; express sympathy to, SR 26--.___..........____.___--206
Vehicles parked on highways; limited number of hours, SB 46.------157, 291, 874, 400, 964, 971
Vending machines; prohibit sale of drugs by, SB 47---____168, 216, 217, 238, 250, 967, 971
Vending stands; operation by disabled persons in
state buildings, HB 128____........... ...._.._______._______178, 182, 216, 217, 240
Verner, George H., Arthur E., and Anne; compensate, HE 89 __-__828, 331, 477, 481, 621
Veterans, disabled; furnish auto license tags, SB 120-----329, 429, 506, 526, 542, 919, 924, 970
Veterans, disabled; issue auto license tags, SB 10....________________..--.,,--__.__98, 151
Veterans: furnish vital statistics to, HB 475--.--___------------------___709, 712, 827, 828, 954
Veterans' service, state board of; compensation of members, HB 835___659, 663, 718, 721, 874
Veterans' service, state department of; director's
compensation, HB 416_____.____...--________________679, 685, 630, 671, 699
Veterinary surgeon; employment and compensation, HB 122_________283, 288, 898, 402, 490
Vidalia development authority, HR 166
...___645, 661, 678, 701, 718, 791-795, 934
Villa Eica, city of; corporate limits extended, HB 166____________225, 280, 271, 274, 300
Vinson, Honorable Carl; commend, HE 231
....____________-- _..._._662, 666, 827
Virginia, commonwealth of; congratulate for control over education, SE 20 ---._.._. 183, 191, 201
Vocational education, state board of; subrogation, HB 127_________281, 288, 606, 611, 670
Voting machines; use, certain counties, HB 253 ...____________.260, 268, 607, 512, 560
Voters registration act; amend, places of registration, SB 65_202, 232, 233, 262, 469, 565, 969
Voters registration act; places, certain counties, HB 264___________260, 268, 834, 341, 408
Voters registration act; time of registration, SB 62.._____________....,,__ _--._..._201, 249
Votes, solicitation of; prohibit certain distance from polls, HB 137___262, 264, 399, 402, 463
W Waiting rooms, separate; intrastate travel, HB 267.--____________465, 472, 640, 544, 606 Waiting rooms, separate; intrastate travel, HB 268______________466, 472, 541, 644, 606 Walker, Daniel H.; compensate, HE 108_._._.----..._____________-660, 664, 798, 826, 889 Walker, J. D.; compensate, HR 92-----___ ._...______________611, 614, 715, 725, 838 Walton county; independent school system, HE 105.__________644, 650, 691, 692, 762-757 Ware county; board of commissioners, SB 53 ---_______________179, 291, 294, 342, 400 Ware county; officers; salary systems, SB 57 ...._______________180, 291, 294, 342, 400 Ware county; primaries, county officers, HB 651 ...______________610, 614, 668, 677, 742 Warehouse act, Georgia state; act amended, HB 145._____________. --421, 428, 539, 543 Warm air heating; regulate, certain counties, HB 443____________681, 536, 617, 620, 682 Warm air heating; regulate, certain counties, HB 468____________683, 687, 667, 678, 788 Warm air heating; regulate, certain counties, HB 507____________.680, 589, 666, 676, 739 Warm air heating; regulate, certain counties, HB 538____________610, 613, 825, 828, 891 Warm air heating; regulate, certain counties, HB 625____________799, 803, 832, 882, 904 Warm air heating; regulate, certain counties, SB 77______218, 882, 837, 459, 479, 823, 970 Warm air heating; regulate, certain counties, SB 106_______285, 332, 837, 454, 479, 828, 970 Warner Eob:ns, city of; amend charter, HB 307 ..._____________419, 424, 603, 613, 662 Warner Eobins, city of; amend charter (mayor & council,
wards) HB 308._________..... .. ..__________________419, 426, 503, 618, 552 Waynesboro, city of; ad valorem tax, HB 22 ._._________________135, 141, 150, 151, 167 Waynesboro city court; clerk's fees, HB 24 ......._______________186, 141, 161, 164, 192 Webster county; terms of superior court, HB 126 .._--------------___200, 205, 231, 285, 256 Weighers, certified public; act of 1949 amended, HB 149_________ ...243, 246, 398, 402 West Point, city of; charter amended, business licenses, HB 160_____225, 230, 271, 274, 800 Wheeler county; compensation of sheriff, HB 496 ______________680, 688, 668, 675, 740 Wheeler county; treasurer's bond, HB 480 ........--........_____________580, 688, 668, 676, 740 Whitford, Captain Marcus L.; thank for addressing Senate, SR 29___. .. ... ...____223 White county; compensation tax commissioner, HB 692__________685, 687, 832, 882, 894 Whitesburg, town of; amend charter, police court, HB 618_________581, 589, 667, 676, 741 Willding, John A.; compensate, SR 43 ..... --_____________471, 593, 694, 618, 666 Williams, Hon. T. V., Sr.; commend for duties, SR 10_____________.. ..... ....--._120, 122 Wills; administration of estates, amend code, SB 113_____________286, 832, 887, 462, 479 Wimberly, General Ezekiel; bridge designated, SE 17______168, 216, 217, 238, 250, 965, 969
988
INDEX
Winder, city of; amend charter, property evaluation, HB 488_______488, 587, 667, 674, 738 Winder, city of; amend charter, recorder, HB 489______________679, 687, 667, 674, 789 Winder, city of; extend corporate limits, HB 492.__.____________679, 588, 667, 674, 739 Wines; increase taxation, HB 3 Ex. Sess._____.______-_______________26, 30, 36, 87 Woods, burning of; notice to forest rangers, HB 146._____________242, 246, 398, 402, 491 Woods, setting fire to; prohibit, HB 148___.......___.___________242, 246, 402, 492, 932 Workmen's compensation, state board of; provide for deputies, SB 102____._.:_._____.284 Workmen's compensation, state board of; repeal qualifications of members, SB 103.__.___284 Workmen's compensation, state board of; salaries of
members, HB 118.______________._________________418, 423, 605, 611, 570 Workmen's compensation law; provide certain
provisions, SB 40__________________._______149, 274, 292, 324, 367-374, 400 Workmen's compensation law; provide changes, SB 39_____._._.__._.___140, 292, 294 Workmen's compensation law; provide for hearings, SB 88__228, 626, 540, 604, 618, 964, 971 Wrightsville, city; amend charter, HB 673__----_______________--__.______642, 648 Writ of habeas corpus; change return day, HB 206____.....___.___282, 289, 592, 595, 694
Zellner; Senator; congratulate for 74th birthday, SR 24..-_____________----______..183
INDEX
989
Numerical Index
SENATE JOURNAL INDEX
(FOR GENERAL INDEX, SEE PAGE 973)
SENATE BILLS EXTRAORDINARY SESSION
SB 1, minimum foundation program of education act, amend _______~__________9, 32 SB 2, school tax digest; provide separate for each county _____________________9, 82 SB 3, Georgia War Veterans' home; establish _____.________________-24, 27, 32, 39 SB 4, multiple-beam road lighting equipment_____-___-___:_____24, 27, 33, 39, 60, 81 SB 6, old age assistance act; amend___________________________31, 36, 41, 43, 46
SENATE RESOLUTIONS EXTRAORDINARY SESSION
SR 1, notify House, Senate has convened______________________-_____________9 SR 2, committee to notify Governor General Assembly convened --------------__----------------9 SR 3, Joint Session to hear Governor___________________------------------------------------9 SR 4, State board of education, funds, certain services..--__.___------------_______------.28 SR 6, highway funds; distribution of_____________._____________31, 41, 42, 49, 62 SR 6, committee to study economies in state government____--------------------------------86, 39 SR 7, distribution of funds raised in extra session______--------------------------------------------41 SR 8, Senator Ayers; congratulate as Georgia practitioner._______________________40 SR 9, designate Thunderbolt Bridge as "Memorial Bridge"________----_________---68 SR 10, all Georgians to prevent forest fires ______________------------______53, 62, 66 SR 11, Governor Griffin; invitation to appear before Senate_--------------------------------.--------67 SR 12, stay-over; attaches of Senate._____________________------_______------------68 SR 13, commend press, radio, etc.; services rendered_____________------______.__._69 SR 14, distribution of funds derived from tax laws in extra session_______69, 76, 77, 78, 80 SR 15, notify Governor the General Assembly ready to adjourn--------------------_______...--78 SR 16, General Assembly stands adjourned sine die__._____------------------------__--78, 81
HOUSE BILLS EXTRAORDINARY SESSION
HB 1, drivers' licenses; expiration dates._______________36, 42, 60, 69, 60, 64, 70, 71 HB 2, Georgia industrial loan act; taxation__________.______________88, 48, 48, 61 HB 3, wine; taxation of______________________________________26, 30, 36, 87 HB 4, motor vehicle licenses; increase fees_________41, 48, 49, 64-67, 66, 67, 68, 69, 72 HB 6, cigarettes, cigars, etc.; increases taxes_______________38, 43, 87, 65, 66, 70, 78 HB 6, malt beverages; licenses and taxes_______________________35, 43, 48, 61, 69 HB 7, motor fuel tax law; amend_______..----_______________--.__28, 29, 30, 36, 87 HB 8, insurance companies; gross premium tax_________28, 29, 32, 44-46, 69, 61, 65, 72 HB 9, motor carriers; fuel tax__________________________________28, 30, 36, 87 HB 10, income tax act; amend._________._________49, 62, 64, 64, 67, 69, 70, 74, 75 HB 12, carnivals, tent shows, etc.; impose tax....------------------------------------_____--81, 42, 61 HB 14, Georgia state war veterans home; establish_______________36, 86, 42, 48, 49, 60.
HOUSE RESOLUTIONS EXTRAORDINARY SESSION
HR 2, notify Governor General Assembly convened.. HB 6, Governor to address joint session________. HR 7, distribution of funds derived from taxes__ HR 8, committee to study economies in State government____________________60, 61 HR 12, memorialize Congress; tariff legislation____________________________49, 62 HR 15, federal appropriations for dams, basins, etc.__________________________60, 61 HR 16, Georgians to prevent forest fires.._._____________________________50, 61 HR 21, commend Paul Anderson___...__________;_______________________65, 66 HR 81, adjournment of General Assembly sine die_____________________________70
990
INDEX
NUMERICAL INDEX SENATE JOURNAL
SENATE BILLS
SB 1, closing of public schools in county, city or independent
school systems __________--._______.__..._____91, 181, 145, 151, 226, 293
SB 2, trespass on State-owned or operated property closed
to public
..--_________________________91, 120, 121, 132, 144, 226, 293
SB 3, lease of public school property.-___________________91, 131, 146, 151, 226, 293
SB 4, State school building authority; leases_._____________92, 131, 146, 151, 227, 293
SB 5, disposal of parks and public
recreational facilities ____92, 120, 121, 132, 144, 283, 293, 801, 328, 458, 480, 496
SB 6, teachers; retirement for in privately operated
nonsectarian schools _______----_____________92, 120, 121, 133, 144, 227, 298
SB 7, funds for operation of public schools___________________92, 120, 121, 146, 161
SB 8, private schools, certificate of safety (fire hazards)___92, 120, 121, 133, 144, 227, 293
SB 9, board of commissioners of department
of commerce ..._____._._--......____.....__92, 120, 121, 122, 133, 144, 283, 480
SB 10, auto license tags; issuance to disabled veterans___________________._._ 93, 151
SB 11, motor vehicle liability insurance; compulsory______________....._..,,.____114, 215
SB 12, Baldwin county; commissioner districts_________116, 150, 152, 166, 191, 935, 970
SB 13, deposit costs of divorce cases ..........___________________117, 138, 161, 168, 191
SB 14, accident, sickness and hospitalization
insurance
.__________________117, 132, 143, 152, 163, 919, 920-924, 970
SB 15, sale of coal, coke and charcoal _______________....__..__117, 162, 163, 194, 208
SB 16, chiropody; regulate practice of_______________118, 137, 162, 168, 191, 496, 969
SB 17, fees of clerks of superior courts____..._____,__________ ..118, 138, 161, 169, 191
SB 18, crime of taking indecent liberties with children________........118, 332, 336, 410, 428
SB 19, sale of cull produce in farmers'
markets
.__-__...118, 143, 144, 153, 168, 284, 293, 323, 329, 483, 682, 969
SB 20, sale of pen raised quail; commercial purposes _118, 143, 144, 153, 163, 213, 236, 480
SB 21, Savannah; election and terms of mayor, aldermen
and recorder ....____......
_____.______.118, 160, 152, 166, 191, 272
SB 22, hog cholera virus; interstate shipments ._..--_......._...119, 143, 144, 154, 163, 283, 480
SB 23, Georgia labor; contract between State and contractors_________________.119, 138
SB 24, livestock; feeding of garbage and rendering
of carcasses .._._.__....,, .. ... . ..._..___...119, 143, 144, 154, 168, 283, 480
SB 25, adoption laws; one conformed copy; provide for cost.___----.-119, 139, 161, 169, 191
SB 26, farmers' markets; leasing of space
..._____....119, 207, 209,' 219, 233, 421, 480
SB 27, meat, fish and poultry; sale by net weight_______119, 160, 163, 195, 208, 283, 480
SB 28, Savannah; term of recorder of police court.--______119, 150, 152, 166, 192, 226, 272
SB 29, Savannah; registration of voters; time of elections_120, 150, 152, 166, 192, 226, 272
SB 30, banks and holding companies;
voting stock
___...130, 162, 163, 196, 208, 876, 877, 918, 934, 963, 964, 970
SB 81, municipal home rule; provide for ....___,_____________130, 138, 216, 220, 233
SB 32, meat, poultry, dairy processing 'plants;
sanitary conditions _____....... ...--_________-ISO, 291, 294, 367, 400, 966, 971
SB 33, continuance of cases where Attorney General is
of counsel
,,_____........... ............___....133, 161, 168, 196, 208, 966, 971
SB 84, gasoline tax exemption--------____.____--------------------___--__...__..._......_.-139
SB 35, State board of corrections; revise laws _..,--_----..._.--.189, 209, 248, 276, 809-323, 986
SB 86, employees' retirement system; years of creditable service__._139, 208, 209, 219, 233
SB '37, building and loan act; amend.. ... .............._.....140, 215, 216, 237, 260, 966, 971
SB 38, larceny or theft; misdemeanor for concealment 6f goods_140, 161, 163, 198, 208, 605
SB 89, workmen's compensation law; provide changes_...._.--___...._. ._ .140, 292, 294
SB ' 40, workmen's compensation law; provisions ___....149, 274, 292, 294, 324, 867-374, 400
SB 41, Btirke County; incorporate Baptist church
at Buck Head ...i-i_:___...
........___149, 162, 164, 237, 272, 276, 638, 969
SB 42, registered mail; define as including certified mail______149, 162, 164, 197, 208, 986
SB 43, industrial loans; license tax
..__._________149, 162, 164, 197, 208, 283, 480
SB 44, throwing of trash on public roads ...........______...157, 216, 217, 288, 250, 935, 970
SB '46, vehicles parked on highways; number of hours.---_____157, 291, S74i 400, 964, 971
SB 46, brake fluid; regulate sale of..,-__-_______.158, 282, 233, 277, 293, 469, 486, 969
SB 47, compound drugs; prohibit sale of
by vending machines ___... ..._ _______..__158, 216, 217, 238, 250, 967, 971
SB 48, teachers' retirement; service retirement allowance_^-158, 441, 478, 482, 608, 967, 971
SB 49, peace officers annuities and benefits;
amend act ..__--.__......,.--....._.______158, 237, 291, 294, 375, 400, 985, 970
SB 60, Livestock disease control board; create_.__.--168, 207, 210, 219, 238, 496, 669, 970
SB 61, City of Moultrie; amend charter .____________158, 669, 668, 720, 726, 966, 971
SB 62, consolidated schools; vote of people __._________179, 441, 604, 523, 542, 935, 970
SB 58, Ware county board of commissioners of
*' ' ' '
roads & revenue ....----..__----__________J___:______179, 291, 294, 342, 400
SB 64, judges of superior court emeritus;
. .. .
qualifications - --____~------'______:____179, 276, 882, 886, 411, 428, 986, 970
SB 55, cigars and cigarettes; taxation ._.____-.___________--1T9, 428, 429, 489, 617, 630
SB 56, insurance companies' investments ...--___...._____180, 216, 217, 238, 250, 965, 971
SB 57, Ware county; county officials on salary system___________180, 29*. 294, 842, 400
SB '58, insurance; approval of policy forms .___________.180, 505, 608, 618, 628, 986, 971
SB 69, City of Dalton; create new charter-----_____________180, 282; 233, 262, 421, 480
INDEX
991
SB 60, performance bonds; State, county or municipal corporation -------_______________------____180, 275, 290, 294, 881, 400, 966
SB 61, mechanics' and materialmens' liens; amended_____180, 276, 832, 416, 428, 988, 970 SB 62, voters' registration act; register 60 days before election________________201, 249 SB 63, budget bureau; committee of members of General
Assembly .._._______-___.__..__________________201, 241, 333, 412, 428 SB 64, old age assistance act; notice of claim against estate__________201, 506, 508, 631 SB 65, voters registration act; provide for places
of registration ._________________________202, 282, 233, 252, 469, 565, 969 SB 66, industrial loan act; rate of interest or charges._______________202, 469, 692, 598 SB 67, bu'dget bureau; finance commission; repeal act__________________202, 241, 502 SB 68, elections; qualifications of candidates___________202, 232, 283, 252, 272, 582, 970 SB 69, State board of health; members--.--_______________________._____...202, 540 SB 70, minimum foundation program of education; funds._____________....___,,_202, 442 SB 71, fees paid to state agencies to go into state treasury_208, 241, 383, 413, 428, 965, 971 SB 72, common carriers; equipment on track cars____________________.____203, 540 SB 73, railroad employees; rules of public service commission_________________203, 539 SB 74, insurance companies; terms of investment___________________._________203 SB 75, newspapers, magazines, etc.; domicile
of corporations ____________________________203, 236, 271, 272, 278, 336, 375 SB 76, City of Dawson; amend charter _______________204, 249, 251, 276, 293, 469, 969 SB 77, warm air heating equipment; regulate__________218, 332, 337, 469, 479, 823, 970 SB 78, unemployment compensation law; amend_.____213, 292, 295, 382-391, 400, 965, 971 SB 79, senatorial districts; rearrange___________________._______....__-....214, 483 SB 80, state board of health; compensation of members.__.___....__214, 540, 542, 604, 618 SB 81, judicial actions; state a party to______.__________.214, 32, 337, 413, 966, 971 SB 82, Chatham county; create civil service system______.214, 236, 249, 253, 272, 469, 969 SB 83, Fox population; provide for control_____________.__..._.__227, 604, 508, 666 SB 84, Dougherty judicial circuit; create_________________227, 280, 607, 525, 562, 593 SB 85, Colquitt county tax commissioner.__._._______...227, 271, 273, 297, 335, 533, 970 SB 86, county school taxes; certain counties__._____......228, 271, 273, 297, 335, 582, 970 SB 87, joint city-county board of tax assessors;
certain counties __..__.____.__...___._____..__.228, 271, 273, 298, 335, 533, 970 SB 88, workmens' compensation; hearings on
disagreements ..__________------------___.....____228, 525, 540, 604, 618, 964, 971 SB 89, land processioners; qualifications, etc. ...___....228, 332, 837, 463, 479, 938, 939, 970 SB 90, photostatic equipment; installation of_____--------._.._____228, 440, 507, 528, 542 SB 91, City of Atlanta; amend charter.__..._..__------_____246, 272, 273, 297, 335, 582, 969 SB 92, City of Dublin; amend charter; elections-___--245, 272, 273, 297, 335, 813, 820, 970 SB 93, board of boiler rules; create.----------------_..--..--..._..__.........245, 335, 336, 414, 453 SB 94, Southeast Georgia Gas Authority; create______._..___..................263, 276, 639, 546 SB 95, Chattahoochee Circuit; additional judge......--.._.__263, 332, 837, 453, 479, 935, 970 SB 96, insurance agents; licenses.----.._...___.__-_--.263, 303, 898, 454, 479, 965, 971 SB 97, registration of securities held by corporate fiduciary_____._263, 898, 400, 455, 479 SB 98, Georgia military reorganization act; change
state flag _______------____..........___......................263, 292, 295, 376, 400, 578, 619 SB 99, insurance; participation of profits by
policy holders ___..__......__..............--...__.____.263, 506, 608, 562, 593, 967, 971 SB 100, excess insurance agents law; filing of affidavits__._______263, 506, 509, 562, 598 SB 101, Georgia board of landscape architects; create.....________284, 333, 387, 417, 487, 508 SB 102, State board of workmen's comp.; deputies.--____..____.___._____________.284 SB 103, State board of workmen's comp.; qualification of members.._______________..__284 SB 104, tourist courts; registration of guests.__...._.___..285, 335, 337, 463, 479, 936, 970 SB 105, warm air heating equipment; regulation of----_____285, 332, 387, 454, 479, 823, 970 SB 106, revenue anticipation certificates by counties.._____.__._ _--__.__...... .------___286, 539 SB 107, Georgia training school; transfer patients___.__....285, 506, 509, 563, 618, 965, 971 SB 108, spending of funds by state departments_________.286, 693, 594, 618, 632, 965, 971 SB 109, farmer's markets; closing and disposition_____....285, 398, 400, 442, 479, 964, 971 SB 110, state board of corrections; transfer of prisoners__.____286, 606, 609, 564, 593, 971 SB 111; guardians and wards; amend section relating to_____.______286, 332, 337, 455, 479 SB 112, administrators; sales and conveyances by_____;__________286, 882, 387, 457, 479 SB 113, wills; administration of estates; amend code_____._............ 286, 332, 887, 462, 479 SB 114, court of ordinary; issue fi. fas.--__....-------__-__...__...__.286, 332, 337, 459, 479 SB 115, adjudication of persons; provide for identity; laws of descent....286, 832, 838, 460, 479 SB 116, testamentary guardians; appointment; bond and dismissal of__287, 332, 338, 460, 479 SB 117, creditors; notice to; advertisement requirement____,,......._--287, 832, 838, 460, 479 SB 118, city courts; abolish in certain counties.....____.__--.287, 399, 400, 462, 479, 823, 970 SB 119, ambulance service, contracts for--_____________287, 605, 609, 663, 693, 966, 971 SB 120, auto license tags; furnish to disabled veterans--329, 429, 506, 626, 542, 919, 924, 970 SB 121, Colquitt county board of commissioners _________._829, 397, 401, 462, 479, 682, 970 SB 122, City of Columbus, amend charter--------________329, 428, 429, 481, 508, 611, 970 SB 128, Atlanta, city court of; amend act.------.___------.895, 606, 509, 547, 598, 926, 936, 970 SB 124, City of Atlanta, mayor's salary.-.________.____396, 503, 509, 547, 593, 823, 970 SB 125, livestock; regulate sale of at auction__________--395, 604, 509, 664, 598, 967, 971 SB 126, motor fuel tax laws; amend_____--_____________________896, 502, 509, 693 SB 127, Fulton county; commissioner of roads & revenue.______.396, 503, 547, 693, 710, 970 SB 128, minimum foundation program of education; amend act------.__.___-_--_.396, 440 SB 129, Piedmont judicial circuit; court reporter--_______422, 506, 610, 648, 693, 823, 970 SB 180, insurance companies; prohibit retrospective agreement-______________--.422, 493 SB 131, Irwin county commissioner of roads & revenue____423, 503, 610, 548, 593, 710, 970 SB 182, city court of Newnan; amend act creating----_._.428, 479, 480, 517, 542, 662, 970 SB 133, department of public safety; duties of state patrol_____423, 478, 480, 526, 642, 964 SB 184, Milledgeville state hospital; transfer management_______________.____.___._..428, 670 SB 135, non-resident real estate brokers---------------------______469, 607, BIO, 565, 598, 967
992
INDEX
SB 136, employees of hospitals and institutions; receive goods ___.____________...._____469, 640, 542, 604, 618, 876, 878, 970
SB 137, City of Dublin; amend charter_______________469, 538, 542, 598, 618, 823, 970 SB 138, Laurens county; ordinary's salary_.___________.470, 638, 542, 598, 618, 823, 970 SB 139, debt adjusting; define, etc.___-_-__-___________470, 507, 510, 566, 593, 967 SB 140, Colquitt county; salary of county officials____470, 502, 510, 548, 693, 823, 834, 970 SB 141, City of Atlanta; comptroller, board
of education .........._________......__--.._470, 502, 510, 549, 593, 886, 912-917, 971 SB 142, pensions to employees; certain cities-.___________470, 602, 510, 549, 594, 822, 971 SB 143, bonds; venue of actions on official bonds___________..__________._.__--.470 SB 144, Savannah district authority; amendments._______470, 502, 510, 649, 694, 823, 971 SB 145, property in Chattanooga; not in W & A Railroad lease_____________497, 571, 605 SB 146, state property; leased, educational purposes_______________:______--.497, 571 SB 147, malt beverages; revocation of licenses for manufacture-____.___ _ __.-497, 714, 720 SB 148, malt beverages; license and taxes........_.________._____.___ 497, 714, 720, 873 SB 149, Jenkins County, tax commissioner---............______497, 643, 574, 575, 598, 618, 822 SB 150, department of public health; local registrar;
certain counties _.__._____.__.____.___________498, 574, 594, 618, 622, 822 SB 151, common carriers; female passengers----________._______498, 526, 605, 618, 632 SB 162, department of public safety; duties and powers_______498, 540, 542, 618, 632, 966 SB 153, peace officers; revenue for paying annuities to_,,_____498, 568, 592, 618, 633, 949 SB 154, public chauffeur's licenses______--.. __-______________._...._._..---499, 577 SB 155, persons injured in state patrol cars; waive claims______,,_.499, 541, 643, 605, 619 SB 156, state office bldg. authority; members employees
retirement system .....__________._____499, 634, 540, 543, 605, 619, 936, 970 SB 157, agricultural produce dealers; bonded-_,,____________________---....634, 597, 618 SB 158, agricultural produce dealers; licensing and bonding of___-__.534, 597, 618, 634, 964 SB 159, joint city-county tax assessors; certain counties___534, 617, 619, 671, 678, 886, 911 SB 160, pulpwood; loads to be chained____......_________._,,,,._____.534, 597, 618, 635 SB 161, dentists; licensing of-___-_____..... ..... ----._____534, 621, 670, 671, 684, 936, 970 SB 162, Georgia post mortem act; filing of death certificates___._______.583, 616, 619, 684 SB 163, director of public health; compensation....___.____..._____...___--584, 670, 720, 810 SB 164, general cemetery act; create__........... -_________.___..._584, 640, 670, 671, 685 SB 165, Cherokee county; officers on salary basis__.._______612, 658, 668, 720, 726, 966 SB 166, city court of Lexington; amend act--------__.___612, 658, 668, 720, 727, 966, 971 SB 167, coin machines; regulate use of, lease, rental, etc.____________________612, 695
SENATE RESOLUTIONS
SR 1, that the rules of the 1955 session be adopted for 1956 session________________.82
SR 2, notify House that Senate has convened and is ready for bu'siness___________82, 85
SR 8, attaches for Senate; S. R. 12 for 1955 sess., be continued in 1956 sess._____-_-_82
SR 4, rules; amend for 1966 session___...___________________________83, 85, 89
SR 6, rules; amend governing of joint sessions--_._____________________83, 85, 89
SR 6, pages and doorkeepers; amend rules relating to____________________83, 86, 89
SR 7, Senator Ayers; congratulate on 79th birthday__________________________83
SR 8, amend S. R. 4 with reference to rule 110; not apply to press, radio, etc.___93, 120, 122
SR 9, designate certain bridge aa "James L. Gillis, Sr. bridge" _______114, 121, 134, 144
SR 10, Hon. T. V. Williams, Sr.; commend for duties.__.____________________120, 122
SR 11, Mrs. Mann, wife of Senator Mann, congratulate for civic achievements_________130
SR 12, express sympathy to Senator Toms and family for death of brother--..--._________180
SR 13, committee to investigate dental clinic at Milledgeville state hosp.; create____140, 162
SR 14, Pierce county; authorize Governor to convey
certain property in _________-- - ..._____.140, 381, 399, 416, 428, 936, 969
SR 15, Cloudland state park; exchange of properties;
clearing of title ...._______._--.
._______140, 899, 401, 458, 479, 936, 969
SR 16, express appreciation to First Lady for lovely evening at Mansion_____________154
SR 17, designate certain bridge as "General Ezekiel
Wimberly bridge" .._______....... ......._________168, 216, 217, 238, 250, 965, 969
SB 18, game and fish commission; members .----_..__________________________183
SR 19, memorialize congress to return agricultural technicians under
"point four" program --------_-
...________________181, 898, 401, 487
SB 20, congratulate the Commonwealth of Virginia ____________________183, 191, 201
SR 21, revenue anticipation certificates, issuance of;
amendment to Constitution .__._.,,..
----__204, 226, 232, 234, 303, 385, 662, 969
SB 22, Fulton Co. grand jury; extension of terms;
amendment to Constitution -_- _--... ..._____________--204, 232, 234, 306, 335
SB 23, Bamwell Island; grant easement to U. S.; development
of Savannah Harbor--._____......
... ..____204, 232, 234, 278, 293, 965, 969
SB 24, Senator Zellner; congratulate for 74th birthday____________.____________183
SR 25, rules of Senate; amend; provide 11 members on committee of agriculture_,___204, 211
SR 26, express sympathy to family of Col. Blake Van Leer______________________206
SR 27, express sympathy to Senator Reynolds and family_______________________211
SR 28, Macon Co., election of members of board of education;
amendment to Constitution --.__~ -- ... -_.___229, 251, 271, 307, 335, 662, 969
SR 29, Captain Marcus L. Whitford; thank for addressing Senate________..._.........__223
SR 30, "All-South Centennial Committee of Georgia," create___.______237, 250, 960, 969
SR 81, Hon. Henry Castleman, doorkeeper; congratulate on birthday_______________289
SR 32, Chatham Co.; mosquito control, amendment to
Constitution ........'...,________...... ....___.____245, 832, 388, 433, 479, 662, 969
SR 33, Chatham Co.; additional industrial areas; amendment
to Constitution __.__________-.. ....._._____264, 834, 888, 434, 479, 662, 969
SR 34, income tax laws; conform to U. S. income tax laws;:
committee to study__________________'.______264, 833, 338, 417, 482, 508
INDEX
993
SR 35t building for storing: county and state records, committee to study construction of_________.__._264, 335, 541, 548, 618, 653, 885, 945, 969
SB 36, Fierce county, election of members of board of education by districts, amendment to Constitution ______.____287, 881, 399, 437, 479, 662, 969
SR 37, Harris county, furnish law books to ordinary_____287, 882, 388, 403, 428, 611, 969 SR 38, auto, liability insurance; compulsory law; committee to
study enactment of _________________________________329, 608, 565, 969 SR 39, express thanks to Senator Dykes and wife for entertaining members of Senate____398 SR 40, tobacco farmers; continue leasing tobacco allotments______________393, 400, 422 SR 41, director of dept. of public safety; report on recommendations
of econ. comm. ________________________________471, 502, 610, 564, 598 SR 42, City of Atlanta; incur indebtedness for school purposes,
amendment to Constitution ___-.. _ ____471, 574, 694, 618, 623, 926, 969 SR 43, John A. Willding; compensate for damages._____________.471, 593, 694, 618, 655 SR 44, consumer financing, business of; commission
to investigate _________________.____._.______471, 507, 511, 567, 676, 657, 671 SR 45, budget message and gen. appropriations bill; change number
of days Governor to present.__...___.... ,,_--_.__._...__.__ 499, 640, 543, 618, 656 SR 46, thank Lieutenant Governor Vandiver and Speaker Marvin Moate for dinner_--___606 SR 47, express appreciation to Attorney Gen. Eugene Cook and bill drafting unit--._.____658 SR 48, historic property; preservation of certain__._____--.________671, 699, 824, 969 SR 49, Milledgeville state hospital, transfer control of; committee
to study advisability of__________.__._._.___________________796, 969 SR 50, Senators Paulk, Dean, Harper and Morrison; practice law without examination.-----797 SR 51, Senator Garrett; congratulate on his 67th birthday______________________806 SR 52, legislative economy and study committee of the Senate; create_____________805 SR 53, committee to study milk industry in Georgia; create -_.,,..______.._______810, 969 SR 54, committee to carry out item in appropriations bill relating
to committee rooms_____________________________886, 906, 967, 968, 969 SR 66, committee to confer in Washington, D. C-, with Ga.
Cong. delegations; training school.__.....___ .________________________906 SR 56, memorial to Georgians who gave their lives while serving in
the armed forces; establish.______.________________._____._._-.906, 969 SR 57, express thanks to Southern Bell Telephone Co. and operators who served Senate.__926 SR 58, thank Lieutenant Governor and Mrs. Vandiver for entertainment at banquet._____925 SR 59, that the committees created by S. R. 53 and H. R. 152
be consolidated ___________-___.-- -....______________928, 960, 968, 969 SR 60, express thanks to members of press for fairly and
accurately reporting happenings _____________________---_______929, 969 SR 61, provide that the Senate administration affairs committee
remain at capitol 10 days__________.__----______________________929 SR 62, commending the Supreme Court of Georgia and the Chief Justice thereof____.930, 960 SR 63, investment of portion of funds retirement systems in real estate, etc.--------------___947 SR 64, that the General Assembly of the regular session 1956 do stand
adjourned sine die.___________._._.___.______....------___960, 968, 969, 971 SR 65, appointing a committee to notify the Governor General Assembly ready to adjourn_972
HOUSE BILLS
HB 8, teacher retirement; compute years' service.-,.____.___________148, 149, 441, 478 HB 9, teacher retirement; service other states___,________._______148, 160, 441, 478 HB 10, barbers and beauticians_____.__-_____________,___199, 204, 606, 611, 667 HB 11, birth certificates; securing of.______________________148, 160, 607, 511, 568 HB 12, subversive activities act; amend_____________________155, 159, 232, 234, 279 HB 15, employees retirement system; service_________________177, 181, 207, 210, 289 HB 16, social security: employees_______________..__177, 181, 209, 215, 217, 289, 284 HB 21, Cordele, City of; create new charter.__________._______135, 140, 150, 161, 166 HB 22, Waynesboro, City of; amend charter.__________.______135, 141, 150, 151, 167 HB 23, Byron, City of; extend corporate limits___________.____135, 141, 150, 151, 167 HB 24, Waynesboro; establish city court of......________________136, 141, 161, 164, 192 HB 25, motor vehicle responsibility act; amend_____________--____698, 818, 887, 918 HB 26, Camilla, City of; amend charter.._____..____._....___136, 141, 150, 152, 167, 210 HB 27, opticians; state board of dispensing; create.--...212, 214, 492, 641, 689, 707, 919, 960 HB 32, Tignall; town of; grant new charter.__...._.__._________155, 159, 283, 284, 262 HB 33, McDuffie county, terms of superior court__._____________136, 141, 161, 164, 192 HB 34, Cartersville, City of; abolish board of education_____________________136, 141 HB 35, statewide probation system;
create __--:___________.136, 141, 147, 209, 332, 870--380, 422, 429, 488, 496 HB 88, Fayette county, tax commissioner___.__.._.......___________136, 141, 161, 164, 192 HB 39, Habersham county, commissioner roads and revemte___-___178, 181, 262, 502, 549 HB 40, Marion county, superior court terms....________________136, 142, 161, 164, 192 HB 41, Rabun county, tax commissioner_..__._....----__________136, 142, 161, 164, 193 HB 42, Clayton, city of; lease "Gold Course Property" __________136, 142, 161, 164, 193 HB 44, Heard county, comm. roads & revenue.--_______________.__136, 161, 165, 198 HB 47, uniform narcotic act; amend____.._____.____________178, 181, 216, 217, 240 HB 48, subpoenas; service of; registered mail_________________178, 181, 281, 234, 279 HB 50, school tax; county-wide; increase amounts______________137, 142, 161, 165, 193 HB 63, life expectancy; use mortality tables__..._____________166, 159, 292, 296, 891 HB 54, capital felony; plea of guilty; recommend mercy_____________820, 866, 888, 926 HB 59, arrested persons; arraignment
72 hours __ __ ___ __ __ 166, 159, 607, 511, 568, 884, 930, 938, 944, 964 HB 62, Eatonton, City of; amend charter____________________137, 142, 161, 165, 194 HB 63, Georgetown, Town of; incorporate___________._______137, 142, 161, 165, 194 HB 64, Roberta, City of; create new charter___.______________137, 142, 161, 165, 194
994
INDEX
HB 65, pardon and parole board; advisory staff_____1B6, 169, 507, 511, 570, 635, 929. 934 HB 68, Cobb cotfnty, planning system certain areas_____________137, 143, 150, 152, 167 HB 69, Smyrna, City of; create new charter--__._____________137, 143, 150, 152, 168 HB 70, juvenile court act; amend; certain co.'s.._______________199, 204, 232, 234, 253 HB 71, abandonment; bastardy; trials--_.___._____.________.--583, 584, 621, 669, 690 HB 72, probation officers; appointment of___.____________.._....199, 205, 232, 234, 253 HB 78, Eastern Judicial Circuit; add 1 judge_____________.___-.494, 499, 641, 548, 639 HB 75, Maeon, City of; re-enact charter______________.___...--156, 159, 208, 210, 218 HB 76, Macon, City of; re-enact charter______________.______...156, 160, 208, 210, 218 HB 80, sales & use tax act; amend_______________________:.--708, 711, 862, 881, 926 HB 81, traverse jurors; panels of twelve___._".______._.__.----178, 181, 231, 234, 279 HB 82, conditional bills of sale, recording of____________________.__.___.__.____----1200, 205 HB SS, civil eases; trial by consent_______,,________.___.__....200, 205, 231, 235, 325 HB 86, Atlanta judicial circuit; add two judges_______.__._.___-494, 499, 541, 543, 639 HB 87, juvenile court judge; cannot act as attorney_________200, 205, 332, 338, 461, 497 HB 91, eggs; regulate marketing; class, size & wt.._____________178, 182, 207, 210, 222 HB 92, Atlanta judicial circuit; trial assistants_______________156, 160, 232, 235, 254 HB 93, Albany, voting age________________.___________....156, 160, 233, 235, 254 HB 94, Albany, tax limitations by municipal corporations__.____._.----.156, 160, 249, 251 HB 95, Banks county; sheriff's compensation________:_____200, 205, 232, 235, 254, 828 HB 96, Hart county; board of finance_______.________ ___--200, 205, 260, 251, 277 HB 97, Atlanta; dept. of parks; improvements____________224, 229, 719, 720, 836, 960 HB 98, Clarkesville; new charter_______________________156, 160, 208, 210, 218, 262 HB 100, livestock & poultry; sulfanilamide_:__:________:_.__....283, 288, 398, 401, 456 HB 108, concentrated commercial feeding staffs____________.__282, 288, 398, 401, 456 HB 104, certified seeds; plants._______________________:___178, 182, 207, 210, 222 HB 106, commercial feed and feeding stuffs_______________:___282, 288, 398, 401, 486 HB 107, elections; hours in certain counties_:;_________________200, 205, 232, 235, 255 HB 108, Atlanta; lease; parks, playgrounds, etc.___________________224, 229, 804, 836 HB 109, Colbert, city of; new charter_______:_______._________166, 160, 208, 210, 219 HB 110, county boards of education condemn property; sch.____282, 288, 899, 401, 442, 486 HB 111, board members; prohibit selling to state___________178, 182, 207, 210, 391, 422 HB 112, game and fish comm.; salaries________________________826, 330, 398, 401, 488 HB 113, game and fish comm.; amend laws________________710, 712, 834, 881, 927, 962 HB 114, motor vehicles; size & weight tolerance____________226, 229, 275, 291, 824, 395 HB 118, board of workmen's comp.; amend___________________418, 423, 505, 611, 570 HB 119, Georgia food act; create__________________________282, 288, 398, 401, 490 HB 120, Americus, city of; create charter____________________225, 229, 272, 273, 299 HB 121, Georgia bd. of naturopatic examiners; repeal__._________178, 182, 223, 250, 279 HB 122, veterinary surgeon; employment & comp,________!_____1283, 288, 898, 402, 490 HB 123, Columbus, city of; sell part of Bay Aventfe_________'._____.225, 229, 271, 278, 299 HB 124, DeKalb county, amend governing authority__________530, 634, 597, 719. 728, 931 HB 125, McRae, amend charter_____:__________________.___226. 229, 272, 273, 299 HB 126, Webster county; terms of superior court__1:_________.__200, 205, 281, 236, 255 HB 127, state board of vocation ed; subrogation________________281, 288, 606, 511, 570 HB 128, vending stands in state bldgs.; by blind________________178, 182, 216, 217, 240 HB 131, credit unions; borrowing power______________________678, 584, 667, 671, 805 HB 137, votes; solicitation of; certain distance______:__________262, 264, 399, 402, 463 HB 141, restoration of sanity; lunacy trials-_______-____.__283, 288, 659, 716, 806, 931 HB 142, comm. to examine persons Milledgeville state hosp-___.283, 289, 659, 716, 809, 982 HB 148, county officials; fee to salary, certain counties_._________.____200, 206, 249, 251 HB 144, Macon, City of; re-enact charter_____________________226, 229, 271, 274, 278 HB 145, Georgia state warehouse act; change bond req.________..__...--421, 428, 639, 543 HB 146, burning woods; notice to forest ranger_________________242, 245, 898, 402, 491 HB 147, Georgia forestry comm.; lookout towers_.....____....___...._242, 245, 898, 402, 491 HB 148, setting wood fires; prohibit____________.________--.....242, 245, 402, 492, 932 HB 149, certified public weighers; amend_____________--.______.......243, 246, 398, 402 HB 150, Macon, City of; re-enact charter________:____________226\ 230, 271, 274, 299 HB 151, Macon; vest title in portion of Pine St....______.___.____418, 424, 504, 511, 650 HB 152, Milledgeville; change corporate limits______.__________464, 471, 667, 672, 737 HB 163, Milledgeville; change corporate limits________:________464, 471, 667, 672, 737 HB 155, Dublin; city court; amend act creating.----_______________257, 264, 825, 828, 888 HB 156, Milledgeville; zoning and planning with co..__________.___257, 264, 504, 512, 650 HB 167, East Dublin, town of; valuation on property_____________268, 265, 825, 828, 888 HB 158, Baldwin county, zoning and planning with city__________200, 206, 271, 274, 299 HB 169, Hancock county, tax commissioner_________________.__200, 206, 232, 235, 265 HB 160, City of West Point; amend charter_.______________.__225, 280, 271, 274, 300 HB 162, Monroe, city of; annex territory_______.______________...___..--225, 230, 246 HB 165, Villa Bica, city of; extend City limits _________:_______.226, 230, 271, 274, 300 HB 166, Town of Fullerville; surrender charter________________:._225, 230, 271, 274, 300 HB 167, massage reg. act; exam. & reg. persons_______,___________._-_494, 500, 670 HB 168, northern judicial circuit; time of meeting..._____________464, 468, 641, 543, 599 HB 171, unmarried mothers; foster home care__________________418, 424, 506, 512, 571 HB 177, arrest bond certificates; auto clubs--___....________:___.419, 424, 505, 512, 690 HB 178, Dalton; levy taxes for public schools....________________.225, 230, 290, 295, 342 HB 179, Dalton; establish corporate limits--._-______.___________226, 230, 290, 295, 343 HB 180, Rockdale county; tax commissioner----..__________.____212, 214, 249, 251, 277 HB 181, Dublin; jurisdiction of city court.._._______________.--.258, 265, 825, 828, 889 HB 182, East Dtfblin, town of; amend charter.__._____:_________258, 265, 824, 828, 889 HB 183, marriage licenses; issuance of.__________________243, 246, 607, 626, 630, 663 HB 184, Georgia citizens council; repeal.....___________________243, 246, 833, 339, 627 HB 186, state treasurer; pay monies, warrants______________226, 230, 832, 839, 455, 982 HB 186, fiscal control officer; create--________------------------:______496, 600, 640, 670, 796 HB 188, State div. of Confederate pensions; abolish________________________.243, 246
INDEX
995
HB 190, State property; leases- Senate to ratify ________ _ ___496, BOO, 641, 644, 690
HB 192, state officials; fixing salaries; expenses __ _ _____248, 246, 478, 480, 627, 932
HB 198, laws and journals; distribution to counties_________419, 424, 607, 612, 671, 932
HB 196, seeds; regulate labeling, sale, etc--_ _______,____-__248, 246, 398, 402, 491
HB 197, nurses; reg. fees for under-graduate__________________327, 830, 606, 512, 672
HB 198, Franklin county, comm. rds.- repeal _____ _ _ _ _ 212, 214, 626, 617, 626, 668
HB 199, Colquitt county, create water districts_________218, 216, 262, 397, 402, 429, 982
HB 200, Brunswick, city of; amend charter- __ _
_ 226, 231, 272, 274, 800, 395
HB 201, Newton county, abolish office of co. treas.______________213, 215, 271, 274, 301
HB 202, solicitor-gen, retirement fund; create_ _ __ _ _ _______282, 289, 332, 839, 491
HB 208, admissibility of evidence- search, etc.- _ _ _ _- ____________697, 698, 812, 887
HB 204, justices of peace; register of warrants___.______....___.__.--....--...698, 812, 887
HB 206, real estate licensing law; state-wide - 697, 698, 725, 825, 871, 887, 927, 948, 963
HB 206, writ of habeas corpus; change return day __ ___._______282, 289, 592, 695, 694
HB 207, physical examination; applicants state jobs--.________466, 472, 717, 721, 863, 961
HB 208, certified public weighers; tobacco and livestock_______-__;465, 472, 639, 544, 606
HB 209, Kingsland, city of; close certain alleys.___________-226, 281, 884, 889, 404, 934
HB 211, Gwinnett county, board of county comm.._____________.268, 265, 334, 839, 404
HB 212, Gwinnett county, compensation sheriff, ordinary, etc. ___._....--.265, 834, 839, 404
HB 213, Gwinnett county, tax commissioner-
- ,, _____--..258, 265, 834, 839, 404
HB 214, Town of Pineview, Wilcox county, amend charter_________226, 231, 334, 389, 406
HB 221, superior court reporter emeritus; amend act______________.----.--------820, 835
HB 222, Covington, city of; provide new charter_______--_____..._268, 265, 334, 889, 405
HB 223, Town of Covington Mills; repeal....__________________...258, 265, 334, 339, 405
HB 224, Atkinson county, amend act creating comm. roads.._______268, 266, 834, 840, 405
HB 226, Dublin judicial circuit; amend act creating . . _. ... .. ..--258, 266, 505, 512, 560
HB 226, Town of Pooler; amend charter
__. .... ______258, 266, 334, 340, 406
HB 227, Albany, City Court of; amend act establish.________:_____._._----------259, 266
HB 228, Richmond county, tax comm.; create office______________259, 266, 290, 296, 348
HB 229, Town of Pooler; amend charter__.__________________269, 266, 334, 340, 406
HB 230, Montgomery county, tax commissioner....____.__________259, 266, 334, 340, 406
HB 281, Savannah civil service system________________.__..___259, 262, 266, 295, 348
HB 232, Lula, City of; grant charter ._._._______;_______259, 267, 290, 296, 699, 711
HB 238, Gainenville, city of; amend charter....__.___________.........259, 267, 334, 340, 406
HB 234, obscene matter; inquiry into offenses of___________327, 330, 541, 544, 606, 882
HB 237, abandonment of children; penalty for.__._______800, 801, 866, 882, 888, 937, 968
HB 238, Columbus, City of; amend charter_...__.__________.__259, 267, 334, 340, 407
HB 239, attorney general; order solicitor to counsel.________,____799, 801, 834, 887, 950
HB 240, Hall county, comm. roads & rev., referendum___________269, 267, 384, 340, 407
HB 242, Camilla, City of; City Treasurer....___________.--..._____260, 267, 334, 840, 407
HB 243, general appropriations act--____.__:_.___..580, 634, 577, 717, 721, 866-869, 934
HB 244, DeKalb county, joint planning commission,...--.___630, 636, 832, 882, 883, 889, 962
HB 245, DeKalb county, board of education; districts__________.----631, 586, 597, 679, 883
HB 246, DeKalb county, salaries of elective officials_________.531, 536, 697, 804, 846, 961
HB 248, election precinct in militia district; DeKalb._____._______260, 267, 234, 840, 407
HB 250, Griffin, City of; close portion of street________________260, 267, 399, 402, 430
HB 261, Spalding county, expense allow, comm. roads and rev.______.260, 268, 399, 403, 480
HB 252, Griffin, city of; extend corporate limits________________260, 268, 399, 408, 480
HB 253, voting machines; certain counties_--.._..._..______.___-260, 268, 507, 512, 550
HB 264, voters, registration act; certain counties.__.____________260, 268, 334, 341, 408
HB 256, Atlanta; amend charter; elections----________.___577, 584, 668, 672, 727, 932
HB 257, Property; public sales; places for holding.__._____...._,,..--579, 684, 669, 672, 818
HB 258, limited access highway; certain cos...________..____260, 268, 605, 512, 551, 932
HB 259, damage suits; municipal corporations _____________327, 330, 897, 602, 612, 672
HB 260, zoning and planning ordinances; certain counties.________.260, 268, 334, 341, 408
HB 262, Forest Park, Town of; amend charter_________.________260, 268, 290, 295, 843
HB 263, soft drink mfgrs.; licensing.------.____________-.__421, 424, 502, 513, 694, 824
HB 264, Tronp county, pension and retirement system; amend._____u261, 268, 384, 341, 408
HB 266, insurance co.; abatement gross premium.___________466, 472, 717, 721, 878, 961
HB 267, common carriers, intrastate; waiting rooms_____________465, 472, 540, 644, 606
HB 268, intrastate travel; separate waiting rooms__________.____465, 472, 541, 544, 606
HB 269, laborer's and materialmen's liens._______.__._____.__.282, 289, 882, 341, 492
HB 278, Dawson, city of; amend charter._____________________.261, 269, 834, 341, 408
HB 274, motor scooters; drivers' license....________.677, 584, 812, 825, 905, 952, 966, 957
HB 278, firemen; pensions, state of Georgia___________________394, 396, 547, 694, 694
HB 282, county board of education; comp.; certain counties._______261, 269, 882, 882, 889
HB 285, Miller county, use of voting machines___._____________466, 472, 689, 544, 699
HB 286, game and fish; revise laws___... ____________________.327, 330, 399, 403, 484
HB 287, Mountain View, city of; incorporate.--____.__._________261, 269, 399, 403, 431
HB 288, St. Marys, city of; amend charter.----_________________261, 269, 834, 841, 409
HB 289, Douglas, city of; amend charter:_____________________261, 269, 834, 341, 409
HB 290, Douglas, city of; amend charter_______......_________.....261, 269, 334, 841, 409
HB 291, St. Mary's, city of; close certain streets..____________:.-_.261, 269, 884, 341, 409
HB 298, Douglas, city of; amend charter------___________________261, 269, 334, 341, 409
HB 294, board of professional engineers and surveyors___________327, 330, 641, 544, 607
HB 295, Cedartown, city of; amend charter___________________261, 270, 290, 296, 844
HB 296, Cedartown, city of; amend charter.________.__________.262, 270, 290, 296, 344
HB 297, Eiverdale, city of; incorporate_.._.___________________.._262, 270, 290, 296
HB 298, board of dental examiners; amend act._________________262, 270, 384, 342, 410
HB 299, insurance cos., retaliatory tax___________________.__708, 711, 873, 887, 962
HB 800, Macon, city of; closing an alley .____________._______262, 270, 290, 296, 344
HB 801, schools; no funds for non-segregated--.________________495, 600, 640, 670, 811
HB 302, Royston, city of; provide type government______________419, 424, 603, 518, 551
HB 303, Dougherty county, tax receiver and collector., consolidate------281, 289, 505, 613, 552
996
INDEX
HE 304, Albany, city of; amend charter________:____;_______419, 424, 503, 513, 552 HB 307, Warner Robins; amend charter._____.____:________.__419, 424, 503, 513, 562 HB 308, Warner Robins; amend charter.__.__._____i__________________419, 425, 503, 513, 552 HB 312, Chatsworth, city of; amend charter---__._._ . __ __ 419, 425, 603, 513, 552 HB 313, fishing on Sunday; repeal act prohibiting....____________.465, 472, 539, 546, 576 HB 314, Berkeley, city of; create_____________i:____________419, 425, 603, 613, 847 HB 316, College Park, City of; amend charter__________:____877, 584, 668, 672, 730, 932 HB 317, College Park, city of; amend charter.--___._____ ._578, 585, 666, 672, 731, 933 HB 318, Griffin, city of; amend charter______._________.__.495, 600, 673, 691, 600, 663 HB 321, Union county, tax comm.; amend act _____________._._394, 396, 604, 513, 55S HB 322, drivers' licenses; suspension of___--________________.799, 801, 865, 887, 953 HB 323, voting by mail; persons other than military-_____________-__-709, 711, 887, 952 HB 326, Glynn county, comm. roads and rev.; amend_:_________..--394, 396, 504, 513, 553 HB 327, ordinaries; provide retirement benefits____________466, 472, 692, 595, 695, 933 HB 329, Bainbridge; city court; amend._______.._________,____419, 425, 504, 513, 553 HB 330, Macon, city of; re-enact charter____._________._____419, 425, 504, 514, 553 HB 331, Statesboro, city of; amend charter.__--.______________419, 425, 503, 514, 554 HB 332, College Park, city of; new charter___________________420, 425, 502, 514, 554 HB 333, intangible property tax act; amend______..____465, 473, 502, 514, 572, 696, 933 HB 334, chief deputy for county officers; Fulton county_______395, 396, 504, 514, 554, 824 HB 335, state board of veterans service; compensation___________669, 663, 718; 721, 874 HB 336, peace officers; subsistence allowance..:___465, 473, 507, 639, 669, 672, 732, 864, 933 HB 339, Muscogee county, fire protection system_______________895, 397, 504, 514, 557 HB 340, fireworks; sale of; county authority_______________678, 585, 669, 672, 732, 809 HB 341, justice courts; city of Atlanta__________________579, 685, 825, 828, 890, 962 HB 342, Athens; give tract of land to U. S._____,____________ ..420, 425, 503, 514, 557 HB 343, Athens; firemen's pension system____________________420, 426, 603, 514, 667 HB 344, Athens, town of; amend charter_____________._______420, 426, 503, 514, 558 HB 347, Athens, town of; close street___________________..__420, 426, 503, 514, 558 HB 348, judicial circuits; asst. sol. gen._________________.659, 663, 716, 721, 873, 961 HB 349, Manchester; amend act incorporating._________________420, 426, 503, 515, 558 HB 350, Manchester; amend act incorporating_________________420, 426, 503, 515, 568 HB 351, torts; parents responsible for children's____________495, 500, 541, 644, 607, 961 HB 362, adoption laws; amend_______________________________609, 613, 716, 879 HB 363, juvenile courts; amend act_____________________:___495, 600, 541, 644, 607 HB 366, surveyor and laborers; compensation__________________465, 473, 607, 515, 573 HB 356, Camden county; create off. asst. sol. gen.________:_____395, 397, 504, 615, 559 HB 357, Atlanta, city of; municipal court____________________800, 801, 832, 882, 889 HB 358, Smyrna, city of; amend charter_______;_:___________.420, 426, 504, 515, 559 HF 359, sheriffs, delegate power, sales fi. fas._______.__________..._466, 473, 812, 826 HB 360, Ailey, town of; amend act incorporating________________420, 426, 503, 615, 559 HB 361, county boards of education; compensation______________679, 585, 640, 670, 689 HB 362, Mt. Vernon, town of; amend charter___________.__:__420, 426, 603, 515, 559 HB 363, optometry; definition of______________.____420, 427, 666, 692, 696, 800, 810 HB 364, GainesVille, city of; amend charter___________________421, 427, 603, 616, 737 HB 365, sheriffs, delegate power, certain counties_______________466, 473, 639, 544, 600 HB 366, retirement system; certain teachers_____..._.___._____467, 476, 641, 716, 812 HB 367, Floyd county; board of comm. of roads & revenue__495, 600, 617, 619, 679, 728, 933 HB 368, Glascock county, tax receiver & collector; tax comm._____.421, 427, 478, 481, 617 HB 369, Ployd county, board of education; compensation__________495, 601, 617, 619, 679 HB 370, Conyers, city of; amend act incorporating__.___________421, 427, 604, 515, 660 HB 371, Lowndes county, use of voting machines.______________466, 473, 638, 546, 600 HB 373, Reidsville, city court of; amend act___________________466, 473, 502, 515, 660 HB 374, Conyers; amend charter___________._______________421, 427, 504, 516, 660 HB 377, Rome judicial circuit; solicitor general, compensation______495, 601, 617, 620, 679 HB 378, microfilm records; certain counties__________________.466, 473, 669, 672, 732 HB 379, Clayton judicial circuit; create-_____._..__________---_631, 535, 592, 595, 640 HB 380, Albany, retirement of employees____._______________421, 427, 60S, 616, 560 HB 381, Dougherty county, fire protection districts_____._______466, 474, 575, 596, 626 HB 382, intangible property tax act; amend_____._____________.531, 535, 667, 673, 81S HB 383, uniform support law; enforcement_____.._.________709, 711, 865, 887, 950, 963 HB 884, income tax law; liquidation of corporations______.679, 685, 667, 673, 814, 872, 933 HB 385, Richmond county, public school system-----_________.___-466, 474, 575, 595, 626 HB 386, attendance of witnesses; fees, certain counties.--___'..___--____--466, 474, 507, 516, 660 HB 390, Floyd county; compensation for county officers...____:____.495, 601, 617, 620, 680 HB 391, Lumpkin county; superior court; terms.----__..__.______466, 474, 675, 595, 627 HB 392, Barrow county; create bd. of comm. rds. & rev.________..466, 474, 639, 545, 601 HB 393, drivers' license; issuance of duplicate; fee_______.____--659, 663, 715, 721, 879 HB 394, absentee voting; military members----_.______________709, 711, 834, 887, 952 HB 396, Sandersville, city court of; amend act_.__.____________421, 427, 603, 516, 561 HB 399, Clayton county, comm. of rds. & rev. 3 members_______--466, 474, 638, 545, 601 HB 400, clerks, superior courts; record of sex criminals_._________709, 711, 863, 887, 953 HB 401, Sylvester, city of; amend charter_.__.______________--421, 427, 503, 516, 561 HB 403, Rincon; town of; amend act incorporating.__:__________467, 474, 539, 546, 601 HB 404, Monroe, city of; amend charter_...._..____________.__.467, 474, 503, 516, 661 HB 405, Ideal, town of; amend act incorporating____;__________467, 475, 539, 546, 601 HB 406, Cairo, city of; amend act incorporating.___._________.....467, 475, 539, 545, 602 HB 407, obscene literature, abusive language-_____________579, 585, 701, 718, 875, 962 HB 410, Douglas county; create restricted zones __,,_____________467, 475, 539, 545, 602 HB 411, Lumpkin county; tax co. & rec., office of comm._______.--467, 475, 539, 645, 602 HB 412, Chattooga county, comm. roads & revenue______________496, 501, 621, 719, 847 HB 413, Chattooga county, city court, amend--_.___--____496, 601, 617, 620, 680, 9S3 HB 414, Chattooga county, comm, rds. & rev.; repeal_:___4S6, 601, 622, 719, 721, 847, 961 HB 415, Hiram, town of; amend act incorporating_______________467, 475, 5S9, 546, 602
INDEX
997
HB 416, state dept. of veterans service; amend----------.__-_----..579, 585, 630, 671, 699
HB 417, Savannah, city of; amend charter............_......___._.__._467, 476, 638, 545, 603
HB 418, Fulton county, clerk superior court; salary
______ ..--678, 585, 668, 673, 732
HB 419, Fulton county; sheriff; fix salary.__.__..___....---___..----.467, 475, 675, 695, 627
HB 420, Fulton county, ju'dges & sol.-gen.; retirement----__.------467, 476, 575, 595, 622, 933
HB 421, comm. rds. & rev.; comp., certain counties..__.----_-_.__468, 476, 674, 595, 627
HB 422, superior court clerks; duties; amend
------------------820, 821, 835, 887, 949
HB 426, sales and use tax act; amend___.-------- -- ....---__-____--..708, 712, 833, 870
HB 427, solicitor gen.; trial asst.; certain counties .... .._._--.__..468, 476, 675, 595, 627
HB 429, Jesup; deed to portion of an alley.--_.'.____...._.__.___--.468, 476, 575, 596, 628
HB 432, Baxley, city of; amend charter....._______'_______________.__--531, 535, 617, 620, 681
HB 433, county supt. of schools; powers, duties, etc......________--583, 586, 717, 721, 879
HB 434, county supt. of schools; removal from office..-----___.............579, 586, 717, 721, 879
HB 439, bd. of ed. members; comp., certain counties..______.___------631, 635, 617, 620, 682
HB 440, Sumter cortnty, create restricted zones
__.--.----531, 535, 617, 620, 682
HB 441, Americus; city, promote st. of Ga.
.___..____.531, 536, 617, 620, 682
HB 442, real property; reversion of title.......----___.___..__.___...----678, 586, 669, 678, 814
HB 443, warm air heating; regulate, certain counties
...._______531, 536, 617, 620, 682
HB 444, Auburn, town of; amend charter-------------- . --___.........--578, 586, 667, 673, 733
HB 445, Perry, city of; amend charter.___________,,___._._._.__531, 536, 617, 620, 683
HB 448, relief of disabilities; amend act..__....__....._.__..___--.....--609, 613, 716, 721, 880
HB 449, divorces; granting; amend act....._.._____________......__...610, 613, 716, 722, 880
HB 450, traffic on highways; revoke licenses....____----1_------______.577, 586, 716, 722, 946
HB 452, Pulaski county, comm. of rds. & rev;
_
.__.___532, 636, 719, 722, 848
HB 453, Richland, city of; amend charter_________________.___.___.532, 536, 719, 722, 848
HB 466, pipelines; intrastate commerce _.......
.__...----...._532, 536, 717, 722, 848
HB 458, Decatur, city court of; repeal act.--------_
______532, 536, 698, 825, 849, 961
HB 469, Stone Mountain circuit; add 1 judge.-------- _'__....___----660, 663, 726, 826, 848
HB 460, DeKalb county, civil court; jurisdiction..__..... ..----532, 536, 596, 826, 850-855, 961
HB 461, Decatur, city court; amend act creating--___...._..........._..532, 537, 597, 683, 883
HB 462, bailiffs, special criminal; certain counties....___....___----_--.532, 537, 597, 683, 883
HB 463, Avondale Estates; city of; amend----.------------------____----.532, 537, 596, 683, 883
HB 464, Stone Mountain, city of; amend charter
______--.------.632, 537, 596, 684, 883
HB 465, Dallas; city of; create new charter _ -- ___. .-.----------532, 537, 835, 882, 891, 962
HB 466, Fitzgerald, city of; amend charter.----______________._........_. 532, 537, 668, 673, 737
HB 467, professional licenses; fees for renewal.---------- .___.____._583, 586, 669, 673, 816
HB 468, warm air heating; regulate; certain counties ._.._--------.----........533, 537, 667, 673, 738
HB 469, municipalities; zoning & planning; certain pop.----.__._----.678, 586, 668, 673, 738
HB 473, MFP of ed.; election of teachers, etc.....----------------______583, 586, 640, 670, 810
HB 475, veterans; furnish vital statistics _,,_ . .. __------------709, 712, 827, 828, 954
HB 480, Jefferson, city court; salaries of judge... . _...------677, 578, 587, 667, 674, 738
HB 482, advisory comm.; state parks; repeal act----------------------------.697, 699, 714, 722,. 870
HB 483, Amerieus & Sumter county; zoning & planning...--___________--633, 537, 617, 620, 684
HB 485, state officials; certain; salary allowances----------------------__.583, 587, 669, 674, 795
HB 486, comm. of agriculture; salary of.._____.________________.583, 587, 671, 674, 795, 933
HB 487, Claxton; city court of; amend act creat. .
__~______------------------488, 587
HB 488, Winder, city of; amend charter_............_. ,,..__._..________488, 587, 667, 674, 738
HB 489, Winder, city of; amend charter_______________...----.___.___579, 687, 667, 674, 739
HB 490, Clay county, jurisdiction of ordinary........................___..______579, 587, 669, 674, 739
HB 491, Fulton county; pensions county employees-..------__________----579, 587, 668, 674, 733
HB 492, Winder, city of; enlarge corporate limits___._______________579, 688, 667, 674, 739
HB 494, Augusta, city council; sell land...._____.__...___.__......__580, 588, 667, 674, 733
HB 495, budget; provide for; certain counties
______----580, 588, 668, 675, 739
HB 496, Wheeler county; compensation of sheriff
._....__.__...580, 588, 668, 675, 740
HB 497, Franklin Springs, city of; amend act..------.... ----....--...__..580, 588, 667, 675, 740
HB 498, Wheeler county, tax rec. & col., treas...................._----------..... 580, 588, 668, 675, 740
HB 499, Rome, city of; amend charter:-......--....,..........____.-_,,--------------580, 588, 667, 676, 734
HB 500, Rome; retirement city employees.....------------------__......._____... 680, 588, 667, 676, 734
HB 501, director st. bd. of soc. sec.; salary of--------------.__--------------660, 663, 716, 722, 872
HB 502, billiard room licenses; amend act__.,,_____...._..._.,,___--__.____800, 801, 887, 925
HB 503, unclaimed laundry; sale of, public outcry--.___.__.__.._.--------800, 801, 828, 925
HB 504, Fulton county, superior ct. judges; salaries... __~______--580, 589, 668, 675, 734
HB 505, budget, provide; certain counties__________.._._..___----.680, 589, 668, 675, 734
HB 506, Valdosta, city of; amend charter..___.....__......--------____580, 589, 678, 720, 849
HB 507, warm air heating; regulate certain counties----_.----------------.580, 589, 666, 675, 739
HB 608, Allentown, town of; repeal act incorp.____.._.___-_----_____581, 589, 669, 676, 739
HB 509, Allentown, town of; establish charter_......_____________...__641, 646, 719, 722, 849
HB 510, Charlton county, comm. rds. & rev----_.._.____________~__--.-581, 689, 667, 676, 741
HB 512, Bremen; tax for educational purposes.....__________ ___________--581, 589, 669, 676, 741
HB 513, Whitesburg, town of; amend charter.__,,________.............__._581, 589, 667, 676, 741
HB 515, Long county; ordinary; compensation--------------_______________581, 590, 667, 676, 735
HB" 516, Sandersville, city of; amend charter............._..----...----...............581, 590, 669, 676, 735
HB 517, Clarke county, Atlanta-Athens hwy. dist.; extend....------.--_581, 590, 669, 676, 735
HB 518, Lawreneeville, city of; amend charter.--.----------------------_581, 590, 667, 676, 735
HB 519, Carrol] county, comm. rds. & rev...........----._..--_._------------_681, 590, 667, 676, 735
HB 520, Carrollton city court; amend act.j_.----------:.----.::..------_.581, 590, 667, 676, 736
HB 521, Carrollton city court; amend act........--------------.-._.._._,,._._.___......___.581, 590
HB 523, City of Atlanta; salary judges criminal court --:__.------582, 690, 668, 676, 723, 741'
HB 524, Spalding county, board comm. rds-. & rev.----------------------582, 591, 669, 677, 736
HB 525, candidates, general assembly co. or state
primary ....,,____.____.________________610, 613, 669, 677, 731, 817, 819, 824, 875, 935
HB 526, Troup couiity, commissioner rds. & rev. ----....--..--__:__--------.582, 591, 667, 677, 742
HB 527, Moultrie, city of; extend corporate limits------.._________582, 691, 678, 719, 849, 961
HB 528, Acworth, town of; amend charter,......----------.--.----.:__.__..582, 691, 668, 677, 742
998
INDEX
HB 629, state property insurance fund; create_ ... _ ,, ______:_________.591
HB 531, laws, journals, distribution to courts.__ _ _. _ ___. ,688, Bfll, 669, 677, 816
HB 532, gen. tax act; amend, rim-fire pistols.__._.____________660, 664, 716, 722, 880
HB 533, Meriwether county, board of comm. comp..____._;____.______610, 618, 719, 855
HB 534, pensions, policemen; certain cities____________ ______:_________641, 646
HB 536, Atlanta, city of; sell certain property____..... ._________610, 618, 719, 728, 866
HB 536, pensions, firemen; certain cities____.____.___________648, 647, 720, 728, 866
HB 537, county employees; pensions, certain cities-__.___________648, 647, 720, 728, 866
HB 538, warm air heating; regulate, certain counties____________610, 613, 825, 828, 891
HB 639, Helen, town of; change corporate limits_______________641, 646, 706, 719, 866
HB 540, Thunderbolt, town of; amend charter__.______.._______641, 646, 719, 728, 867
HB 544, Fulton county, joint-city-county, tax assessors_______643, 647, 826, 829, 892, 962
HB 545, pensions; employees; certain cities___________641, 646, 647, 720, 723, 867, 961
HB 646, North West Point, city of; establish__.......____________641, 647, 719, 723, 858
HB 647, southern judicial circuit; compensate judges_____________709, 712, 881, 882, 906
HB 548, Baxley, city court; amend act___________________..._610, 614, 719, 728, 858
HB 560, Fulton county; civil service board.________........._.__....._._____643, 647, 824
HB 551, Ware county; primary for county officers.._.___________610, 614, 668, 677, 742
HB 553, Hiawassee, city of; amend act_____________________641, 648, 689, 719, 868
HB 664, southern history; study in schools.--_____----:___.________697, 699, 812, 827
HB 665, Lumpkin county, create restricted zones -_...__-_.____._...610, 614, 668, 677, 742
HB 657, members county boards of education; compensation.______.610, 614, 668, 677, 786
HB 668, Hpgansville, city of; amend charter___________________642, 648, 719, 728, 859
HB 569, members county boards of education; compensation._______.610, 614, 668, 677, 736
HB 560, department of public safety; salaries, etc.____.___.__._.._611, 614, 716, 724, 873
HB 561, juvenile courts; create system of________.._.______799, 801, 835, 887, 931, 963
HB 562^ department of public safety; amend act creating-_____.__709, 712, 863, 887, 946
HB 564, Macon, city of; amend charter.___._____.__________642, 648, 719, 724, 869
HB 665, Adrian, city of; amend act incorporating____.....--._..___.....685, 687, 804, 805, 869
HB 566, director of public safety; certain counties----------___-642, ,648, 719, 724, 858, 962
HB 567, Fulton county, retirement of judges & sol. gen._________:642, 648, 720, 724, 860
HB 568, Hogansville, city of; amend charter.________.________642, 648, 719, 724, 860
HB 569, Kite, town of; amend act incorporating----____......------...642, 648, 719, 724, 860
HB 573, Wrightsville, city of; amend act incorporating______________________642, 648
HB 575, Pine Lake, city of; amend charter....____...._____..__...__642, 649, 701, 719, 860
HB 576, electricians; qualified, certain counties,__--_._--_______642, 649, 701, 719, 860
HB 677, Decatur, city court; amend act creating____._______642, 649, 702, 882, 893, 962
HB 5T8, DeKalb county; establish merit system--_______.--,,...._.685, 687, 882, 888, 891
HB 579, recreational & park property, leasing, etc..__.______....697, 699, 715, 724, 870, 984
HB 680, natural resources dept.; amend act creating--______._.__697, 699, 714, 724, 871
HB 682, Macon county; supplement fees of ordinary.--_____._____648, 649, 719, 724, 861
HB 683, jury duty; change age limit for exemption__..._________..........--819, 821, 866, 888
HB 584, state school bldg. auth.; training facilities_________.____660, 664, 717, 725, 880
HB 687, county officers law applicable; certain counties__....._____643, 649, 720, 725, 861
HB 589, Carroll county; tax commissioner_.__.____________.__686, 687, 825, 829, 892
HB 590, Buford, city court; amend act creating ...... ______________798, 801, 832, 882, 894
HB 591, Thomas county; clerk, ordinary, sheriff; salary___________685, 687, 825, 829, 894
HB 592, tax commissioner; compensation, certain counties.,._______.685, 687, 832, 882, 894
HB 594, Thomas county; tax commissioner; create_______<______686, 687, 804, 806, 861
HB 597, Glascock county; sheriff's travel expenses____._______._686, 687, 804, 805, 861
HB 598, Ringgold, city of; amend charter.....________!__________686, 687, 804, 805, 862
HB 599, Catoosa county; board of utilities comm.............______,____686, 688, 804, 805, 862
HB 600, Linwood, town of; amend charter_______-__._____.__686, 688, 825, 829, 894
HB 601, revenue stamps; false, forged
._._...___._____.___.800, 802, 835, 887, 950, 968
HB 602, Conyers; city of, change corporate limits__,___________686, 688, 825, 829, 895
HB 604, Stephens county; superior court; terms of------.-------..---.---.--686, 688, 825, 829, 895
HB 605, fluid milk; sale, inspection, etc._____________.________819, 821, 827, 829, 945
HB 607, public safety council; create ........,,..----.------...___.__....__. ... .... ...799, 802, 834
HB 610, Macon, city of; pension system for empl..--_,.__._798, 802, 828, 829, 895-901, 968
HB 611, Macon, city of; amend charter.---------_-.----_----.___.___686, 688, 825, 829, 901
HB 612, Macon hospital commission; anti-tubercular san..--.__.--...,,..686, 688, 826, 830, 901
HB 613, Macon, city of; close portion of street_._____.___...___.686, 688, 826, 830, 902
HB 614. Macon, city of; re-enact charter.._______._.____.__------_798, 802, 831, 882, 902
HB 616, Jesup, city of; amend charter_--..._________.._..__798, 802, 831, 882, 902, 963
HB 616, Hapeville, city of; amend act incorp--__...._.__________._.__.798, 802, 833, 882, 902
HB 617, DeKalb county; civil court; jurisdiction.__....._..________798, 802, 831, 882, 903
HB 618, Lake City, city of; amend act incorp.--_.__._......__..------799, 802, 831, 882, 903
HB 619, Cherokee county, officials on salary basis.----..--....._._..-------.799, 802, 832, 882, 903
HB 621, Macon county; commissioner of rds. & rev----.._____------....799, 803, 882, 882, 904
HB 623, officers & employees; coverage of certain_____.._._.._------.801, 808, 826, 880, 947
HB 624, Livestock, feeding of garbage; regulate..._____...._......--.......799, 803, 827, 880, 9.67
HB 625, warm air heating equip.; regulate, certain counties.,_...------799, 803, 832, 882, 904
HOUSE RESOLUTIONS
HE 2, coinmittee to notify Governor General Assembly convened'.__._____----___.83, 84 HE 5, joint session to receive message from Governor_________.---------------------84 HR 7, joint session; election of highway board member.,____.----.----_--------.----__--84 HE 8, joint session; election of highway board member.--,_________________.84, 85 HE 9, request Congress to regulate cotton acreage_____________.----115, 162, 197, 328 HE 3-18C, Horace Evans, Sr.; compensate_________.________201, 206, 883, 342, 484 HR 6-18f, Miles V. Golden; compensate.__.----------,_.__;_________.____709, 712, 869 HE 7-18g, Thulia Lindsley; compensate.....________________.____.------709, 712, 869 HR 9-18i, sheriff and clerk of court Baldwin county; compensate..________--..165, 201, 206
INDEX
999
HH 11, Felton Small-wood; compensate.___._______-______i:__201, 206, 383, 342, 484 HE 12, state property--Cam den county; Governor convey________468, 476, 538, 546, 608 HB 13, Okefenokee Rural Electric Corp.; easement......___._____.____468, 476, 516, 573 HE 15, Hon. A. Cullen Richardson; wish speedy recovery______ . __..____________115 HR 16, Cherokee county; school merger___.._____.....___...... 243, 246, 292, 296, 845-349 HB 17, Cherokee co.; school superintendent; abolish office of.___248, 247, 292, 296, 349-351 HE 18, designate Dr. Lester Neville Bridge____________._____.282, 289, 692, 596, 700 HR 19, Carlton Coleman and Mrs. Evelyn Law Thomas; compensate.--327, 330, 381, 477, 617 HE 20, Cordele school system merger__________________....243, 247, 293, 296, 351-355 HE 21, Heard county board of education; election__________....243, 247, 293, 296, 855-367 HE 22, Cobb county sidewalks_____,_________:___________244, 247, 606, 616, 654 HE 28, Dougherty county; street paving assessment_________244, 247, 292, 296, 357-359 HR 29, Dr. John Mooney; compensate________ _ _. ___660, 664, 797, 826, 886 HR 30, Bockdale county; law books________________________178, 182, 232, 285, 266 HR 82, juvenile courts; jurisdiction supreme court & court of appeals--327, 330, 541, 546, 704 HR 33, Dougherty county building permits.___-_____.__.__L244, 247, 292, 297, 359-361 HE 36, Hon. James Davis & Hon. John Flynt; address joint session___________129, 180 HE 86, Congress; disposal surplus agricultural commodities.,_____-___129, 181, 211, 222 HE 87, Congress; Federal aid for education_____________________________611, 616 HE 89, Fountain's Dry Cleaners & Laundry, Inc.; compensate______819, 821, 881, 883, 948 HR 40, Mark Fitzpatrick-Jim Duncan Bridge; designate________________633, 588, 715 HE 41, Albany; city levy one mill tax; new industries________244, 247, 292, 297, 361-363 HB 42, Dougherty county; levy one mill tax on property______244, 248, 292, 297, 363-365 HE 48, chapel for members General Assembly___________________________187, 139 HR 44, National Junior Chamber of Commerce Week___..__________.,_______187, 189 HR 46, Judge I. Homer Sutton Bridge; designate____.__________244, 248, 506, 516, 673 HR 46, W. W. Armistead; compensate______:_______________327, 381, 477, 481, 518 HE 47, elective officers, salaries________________.__,______.819, 821, 866, 887, 937 HR 48, amended tax returns_________________________,____282, 289, 602, 616, 674 HB 49, Franklin county; law books--_________._________;___179, 182, 282, 285, 266 HE 60, Polk county; school superintendent_.__________.__244, 248, 292, 297, 365-367 HE 51, censure Attorney General Brownell & F.B.I.; Cobb county.... ...149, 150, 232, 235, 325 HB 52, Clarke county; law books_____________.___________468, 476, 639, 546, 603 HB 53, Douglas county; law books________________________468, 476, 539,. 646, 603 HB 64, A. C. & Mamie Bennett; compensate___________.______201, 206, 898, 403, 486 HR 66, Ralph Cleveland, compensate___-_____-___,_______.___660, 664, 798, 826, 837 HR 67, Harrell Highway; designation__________..__-._____282, 289, 592, 696, 704, 984 HR 58, Leon Lewis, compensate_____________,_________.___683, 538, 696, 716, 841 HB 69, Glynn county; bd. education, homestead tax....___________244, 248, 399, 408, 481 HE 60, state land, authority to sell_______________.________.327, 331, 506, 617, 574 HE 61, Joe Burton; wish speedy recovery____--___._____._________________167 HR 62, committee study problems legislators
other states. _________________---____213, 216, 249, 251, 326, 326, 380, 422 HR 64, constitution; method of amending_____.___._______820, 821, 886, 940-942, 963 HE 66, dept. heads to carry out recommendations of economy
committee ________________.____._____________244, 248, 333, 342, 462 HE 66, Geo, B. Stoffragen, compensate___________.__________827, 831, 477, 481, 619 HE 67, Calhoun county; lawbooks to______________--_____....468, 477, 639, 546, 603 HR 68, T. Q. Jones and Mrs. Valie Jones; compensate____.______.633, 538, 616, 621, 702 HE 72, joint-session to hear budget message_.----------._.______________________167 HR 78, Governor's mansion _____________._________________________179, 183 HR 74, Hon. John Druffel, U. S. dist. judge; commend________________.____179, 183 HE 75, hospital care study commission_....__________________799, 808, 870, 881, 947 HE 76, Atlanta judicial circuit; judges; terms___.........._________646, 649, 691, 692, 743 HR 77, Albany sewage system.--____...___..___._________.__643, 649, 691, 692, 744 HR 79, Thomas county; bd. of education.._._____.________643, 649, 678, 691, 692, 746 HR 80, Lincoln Fortune; compensate__._,______________.___828, 831, 477, 481, 620 HR 82, Floyd county; street lights__....._....._______....__.____.643, 650, 691, 692, 748 HE 88, Lowndes county; bd. of education, election___________800, 803, 833, 882, 906-911 HR 84, Albany, Dougherty county; sewage system....____._.___....644, 650, 691, 692, 750 HE 85, joint session to hear Congressmen Davis & Flynt--.._____.___.____179, 183, 211 HR 88, Ernest & Dorothy Brooks; compensate-__......________........328, 331, 477, 481, 620 HE 89, G. Verner, A. Verner, & Anne Verner; compensate----_____.328, 831, 477, 481, 621 HE 90, Theolia F. Todd; compensate.________________.._____633, 638, 616, 621, 817 HE 92, J. D. Walker; compensate...._.'...........................................>____611, 614, 715, 725, 838 HB 9.3, Hal S. Martin, compensate____.___._.__..____________328, 331, 477, 481, 522 HR 95, Jackson Electric Membership Cooperative; compensate...___.328, 331, 477, 481, 522 HE 96, J. T. Bruce, J. C. Barfield, & H. H. Gill, relieve as sureties______468, 477, 670, 816 HR 97, to commend Armour & Company, Tift county________________.__.___213, 216 HR 102, W. E. Sheppard, compensate__.___________....____.__.468, 477, 693, 596, 656 HR 103, Daniel H. Walker, compensate....__.__.______._____..__660, 664, 798, 826, 889 HB 105, independent school system of Social Circle........____.___644, 650, 691, 692, 762-767 HE 106, M. V. Parkerson, compensate....______.__._....___.____.__._______496, 501 HR 107, commend U. S. Senators & Congressmen of Ga. for efforts for farmers_____227, 281 HR 110, Walker Harris, compensate.___..'.__...._________._____660, 664, 797, 826, 840 HR 112, W. S. Mooneyham, compensate......____.........._____.____660, 664, 798, 826, 840 HR 113, Roy Hill, compensate_--------.__..----------.____.__________________660, 664 HR 116, Dr. Hess and Clark Inc., compensate.._...__....._________328, 332, 616, 621, 702 HB 118, consolidate tax assessors Richmond county.__.__.......__.644, 660, 691, 692, 757-760 HE 119, Mrs. W. A. Johnson, compensate_.______._____________611, 615, 701, 716, 841 HR 120, Governor to address joint session--.------_.._.__.___.___...........___.....239, 240 HR 123, Muscogee county; board of commissioners; revenue.--__644, 650A 700, 716, 788, 934 HR 124, state records storage study committee____._.__.___.660, 666, 718, 725, 881, 954 HB 126, Preston Morris, compensate..------------------------------___------661, 665, 797, 826, 838
1000
INDEX
HR 127, Early T. Grant; compensate._____..----__--.._..----__ 496, 501, 616, 621, 708, 934
HK 128, Quante Plumbing & Heating Co.; compensate.....__ _ ...._661, 66B, 797, 826, 842 HB 129, City of Louisville, levy tax to promote new industries__...__...644, 650, 700, 716, 760 HE 131, committee to study state and federal tax laws.________.--.710, 713, 833, 870, 947 HK 132, tobacco farmers continue leasing tobacco allotments.__.___...................________262, 270 HE 133, boundary commission--expenses__........_.__________--____....____262, 270 HE 134, rescind HE 120 for joint session 1-30-56..___..___________________....._262, 270 HE 136, Ga. accrediting comm. to set average daily attendance__,___.._----____.284, 303 HR 138, Stewart county; bd. of ed. elect members--.__.___ .....___644, 651, 700, 716, 762 HR 140, Gwinnett county; bd. of ed. election......_.___1__^.................. 644, 651, 700, 716, 764 HE 141, sell state lands in Dawson and Forsyth counties______..----.660, 664, 716, 726, 876 HE 142, Clayton county, law books-..----.._.___..__.___-..___.._469, 477, 575, 596, 628
HE 143, Hall coutaty; pave roads and streets._.._____:_____.___644, 651, 701, 716, 766 HE 147, Stewart county; schools.__......._.__._..._______....--645, 651, 700, 716, 718, 868 HR 148, Hall county; fire prevention districts__......_______.........__-645, 651, 691, 692, 770 HR 149, Hall county, supt. Hall co.; school system.._____......_....----645, 651, 691, 692, 771 HR 150, B. & B. Beverage Co.; compensate___....______....__.__._._._._.__661, 668, 798, 826 HR 161, Stewart county; law books.......___--------.___.._____........611, 615, 719, 726, 862 HE 156, Mrs. Lillian Lord, compensate--....___.......__------.----.......----611, 615, 693, 717, 818 HR 157, Nolen Burl Eandolph; compensate.____.___...._.::._.._....._661, 665, 797, 826, 843 HE 158, T. W. Christian, compensate--.___________--....._,_......____661, 665, 797, 826, 844 HR 161, joint-session to hear Governor's address._-------------------.---------- _____...413, 417 HR 166, C. B. Price, compensate_.._________.____._.._____._661, 665, 797, 826, 845 HE 166, Vidalia Development Authority ........__.------.--645, 651, 678, 701, 718, 791-795, 934 HR 169, compensate widow of Henry C. Hill--___........--._....______819, 821, 831, 883, 943 HK 170, Brunswick sewage system.__........_.._....,_--_.._.......__.........646, 652, 701, 716, 773 HR 171, Brunswick municipal port and terminal facilities.................__645, 652, 691, 693, 776 HR 172, Brunswick sewage system__.____...._.__..._._._._._.__645, 652, 691, 698, 778 HE 173, Hal Saunders; compensate .......___.__.............__......._____611, 615, 658, 717, 817 HR 176, Brunswick port and terminal facilities.___...._.___......___.645, 662, 691, 693, 781 HK 177, ratify suspension license fee___________..__..___......___708, 713, 826; 830, 954 HB 178, Pulaski county; exchange lands__.__._----_.........._....._.__.815, 866, 887, 917 HR 180, Pulaski county; convey lands.----.._._.__......__..............__...--..815, 866, 887, 917 HR 181, state lands, deed to U. S-_____----....__._...........__.__.........815, 866, 887, 966 HR 182, Camden county; convey lands to U. S.--------_:..-----_.._.._......._815, 866, 887, 966 HR 185, interposition, supreme court decision null and void __._.__--533, 538, 692, 596, 629 HR 186, court, new system of courts----.___._.__..___-_._...__.__646, 652, 691, 693, 780 HR 187, state bd. of corrections--prison industries..----_------------__708, 713, 831, 883, 964 HR 188, Decatur county port facilities.----__----__------.._....__..661, 665, 714, 726, 805, 872 HR 189, Glynn county port facilities____.___.__._._._..._._.....661, 666, 714, 726, 805, 884 HR 190, state parks, cabins.----_______._._..._.___.___............70S, 713, 834, 881, 955 HH 191, capitol building, metal plates........__.___--......--._......800, 803, 865, 887, 956, 963 HR 192, microfilming state records_______......------___...........__----708, 713, 865, 887, 955 HR 194, advisability of state printing office, study....:____....................708, 713, 826, 830, 956 HR 196, Guerdon F. Ackerman; compensate____._._.___.._._.___._.........:.........814, 816 HR 197, Mrs. Ann H. Meyer, compensate____.___.........._.__.___661, 666, 798, 826, 845 HR 198, Charlie B. Swint; compensate.....___----___..----.__:____661, 666, 798, 82*, 846 HR 199, Laurens county; fund to encourage industries..----------_..__.646, 652, 691, 693, 783 HR 201, Brooks county, board of education_____.__..__:__.____.....----.646, 653, 691, 698, 785 HE 203, Mrs. Emil Kalock, compensate___.--........--._____....................815, 816, 831, 883, 944 HR 204, Eichmond county port facilities.......__.......------___661, 666, 714, 726, 805, 827, 874 HR 205, Richmond county property; convey__........--------...____._710, 713, 826, 830, 946 HR 206, Col. Benj. Hawkins Bridge; designate.....__............_______662, 666, 716, 725, 876 HR 207, Forsyth county, law books___........__...--....____.__....___....800, 803, 833, 882, 904 HR 209, state property--armory--Ga. Air Natl. Guard .................__....... 662, 666, 718, 725, 874 HK 211, Liberty county, lawbooks..__..........----._....----___........._...----800, 804, 833, 882, 904 HR 216, University of Ga. & Ga. Tech Athletic Assoc..........___--_..__.......___......611, 615 HR 217, automotive training school, retention of-..----------___._______---______612, 616 HR 218, Hon. Mose Edenfield; thank for dinner......--.I............__.--......__....._.__.....612, 616 HR 220, Southern Forest Fire Prevention Conference; endorsement of----------__.612, 616 HE 222, Ga. Congressional Delegation urged to oppose HE 753..------_____.........__.612, 616 HE 223, University of Ga. Law School; appreciation -to ___________--________.612, 616 HE 227, Gordon county armory...._----.----------.___..--::_------.799, 804, 827, 830, 918, 957 HE 229, E. H. Jackson, Sidney Brazeal, Charles A. Stalling; compensate ------ --------...--.----936 HE 230, state property. Governor to reconvey to City of Calhoun.------799, 804, 830, 919, 956 HR 231, Hon. Carl Vinson, commending.--------__.____._.._..___.._.....__662, 666, 827 HE 235, Hon. John J. Flynt, Jr., commend_._._.__.._-...___......--.__----....----_-710, 796 HR 236, Randolph county; law books.____..__....____..____.______..710, 713, 833, 905 HR 237, Randolph county; law books___..........______.............___.._____710, 713, 833, 905 HR 247, Compensation resolutions; committee to study...----._............_.........,__.......___824, 835 HR 2^0, General Assembly opposed to increase in freight rate.______________._906, 936 HR 258, capitol building, third floor for legislative purposes_..___._..--------885, 886, 980 HR 260, Jekyll Island, committee to study.--------.-...------__........__.....__--.886, 886, 929 HR 261, retirement systems; authorized to invest in real estate...._------..._1___.._._.886