Journal of the Senate of the State of Georgia at the extraordinary session, commenced at Atlanta, Thursday, September 27, 1962 and adjourned October 8, 1962

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
AT
THE EXTRAORDINARY SESSION
Commenced at Atlanta, Thursday, September 27, 1962 and adjourned October 8, 1962
1962 LONGINO & PORTER, INC.
HAPEVILLE, GA.

OFFICERS
OF THE
STATE SENATE
1962
PRESIDENT GARLAND T. BYRD--.------_____ ._----.----Lieutenant Governor
TAYLOR COUNTY
CARL E. SANDERS-------------------------President Pro Tern
RICHMOND COUNTY
GEORGE D. STEWART--_________--------------------Secretary
FULTON COUNTY
LAMONT SMITH------_-----------------.----------.Assistant Secretary
TATTNALL COUNTY
LOUISE JONES--------------______________----.Reading Clerk
DEKALB COUNTY
ANN DUNCAN __________----------------Calendar Clerk
FULTON COUNTY
REBECCA CAUSEY_____.___.___________ ..--Journal Clerk
DOUGLAS COUNTY
KELLEY QUILLIAN------_------------------.-------- __ .Messenger
BARROW COUNTY
HENRY CASTLEMAN --------_------_--------------------_.Doorkeeper
FULTON COUNTY

SENATE JOURNAL
Senate Chamber, Atlanta, Georgia, Thursday, September 27, 1962.

Pursuant to a proclamation of His Excellency, the Governor, the Senate met this morning in extraordinary session at 11:00 o'clock, and was called to order by the president.

Scripture reading and prayer was offered by Rev. J. Frank Coyle, pastor Montgomery Memorial Baptist Church, Gainesville, Georgia.

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

Ayers Bell Blalock Braly Brown Clanton Clary Conger Dailey DeLoach Dews Dykes Fitzpatrick Gardner Grayson Green Griner Harden

Harrington Hart Ingram Jackson Johnson Jones Kelly Knox Lambert Long Mathews Miller Mitchell McKenzie of 12th McKenzie of 13th McWhorter of 34th McWhorter of 50th Newton

Overby Owens Perry Persons Peterson Ponsell Raynor Sanders Seagraves Smalley Staples Towson Veazey Warnell Waters Whisnant White

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

The following proclamation by His Excellency, Governor S. Ernest Vandiver, convening the extraordinary session, was read by the secretary;
A PROCLAMATION BY HIS EXCELLENCY
GOVERNOR S. ERNEST VANDIVER OF
THE STATE OF GEORGIA CONVENING THE GENERAL ASSEMBLY OF
GEORGIA IN EXTRAORDINARY SESSION
WHEREAS: On May 25, 1962, in the case entitled Toombs vs. Fortson, et al., a three-judge Federal Court held and declared that the

JOURNAL OF THE SENATE,

General Assembly of Georgia as presently constituted "fails to meet Constitutional requirements" in that neither House thereof is appor tioned according to population; and

WHEREAS: In a supplemental opinion rendered on September 5, 1962, the Court further held that the General Assembly must be recon stituted so that at least one House thereof will have been reapportioned according to population "coincident with the convening of the General Assembly" in January, 1963, or reapportionment would be effectuated by judicial decree; and

WHEREAS: As pointed out by the Court, such reapportionment may be achieved most feasibly with respect to the State Senate; and

WHEREAS: The people of Georgia, acting by and through their General Assembly, possess the innate capability of resolving their gov ernmental problems without the intervention of the federal judiciary; and

WHEREAS: The consideration of comity arising from the delicate problems of federal-state relations under the federal system demand that this grave issue be resolved by the people's chosen representatives in keeping with the Democratic principles incident to a Republican form of government; and

WHEREAS: Other urgent problems have also arisen concerning administration under the State Toll Bridge Authority Act which prob lems require immediate legislative consideration; and

NOW, THEREFORE: Upon consideration of the premises stated, and under and by virtue of the power and authority vested in me by the Constitution of Georgia, Article V, Section I, Paragraph XII, I, S. Er nest Vandiver, Governor of Georgia, do hereby convoke and call a meet ing of the General Assembly of Georgia in extraordinary session at 11:00 A.M., Eastern Standard Time, on Thursday, September 27, 1962, for the purposes of considering and enacting laws and proposed consti tutional amendments by way of revision, repeal, supersession, enact ment, amendment or otherwise relating to (1) nomination and election of Senators, the composition and reapportionment of the Senate; the creation, composition, reconstitution and rearrangement of Senatorial Districts; (2) the Constitutional corporate existence, powers and duties of the State Toll Bridge Authority, as created by an Act approved March 2, 1953 (Ga. Laws 1953, Jan. and Feb. Sess., p. 302), all of which are found and concluded by me to be of sufficient importance to demand the necessity of such extraordinary session of the General Assembly.

Given under my hand and the Great Seal of the State of Georgia, at the City of Atlanta, on this 14th day of September, in the year of Our Lord, one thousand nine hundred and sixty-two.

BY THE GOVERNOR:
/s/ BEN W. FORTSON, JR. Secretary of State.

/s/ S. ERNEST VANDIVER, Governor

THURSDAY, SEPTEMBER 27, 1962

7

The following resolutions were read and adopted:

SR 1. By Senators Sanders of the 18th and Knox of the 54th:
A resolution that the secretary of the Senate notify the House of Repre sentatives that the Senate has convened in extraordinary session, and is now ready for the transaction of business.

SR 2. By Senators Sanders of the 18th and Knox of the 54th: A resolution adopting the rules of the Senate; and for other purposes.

SR 3. By Senators Sanders of the 18th and Knox of the 54th:
A resolution providing for the appointment and compensation of certain attaches and officials of the State Senate; and for other purposes.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted the following resolutions of the House, to-wit:

HR 1. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A resolution directing the Clerk of the House to notify the Senate that the House has met in extraordinary session pursuant to the call of His Excellency, Governor S. Ernest Vandiver, and is now ready for the transaction of business.

HR 2. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A resolution to notify the Governor that the General Assembly has con vened; and for other purposes.
Be it resolved by the General Assembly of Georgia that a committee of seven from the House to be designated by the Speaker, and four from the Senate to be designated by the President, be appointed for the pur pose of notifying His Excellency, the Governor, that the General As sembly has convened in extraordinary session pursuant to the call of the Governor, and is now ready for the transaction of business.

The Speaker has appointed on the part of the House as a committee: Messrs. Arnsdorff of Effingham, Wilkes of Cook, Stuckey of Dodge, Fowler of Douglas, McClelland of Pulton, Lovett of Laurens, Brooks of Oglethorpe.

8

JOURNAL OF THE SENATE,

The following resolution was read and adopted:

HR 2. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A resolution to notify the Governor that the General Assembly has con vened; and for other purposes.

The president has appointed as a committee on the part of the Senate: Sen ators Conger of the 8th, Veazey of the 19th, Dykes of the 14th and Long of the 3rd.

Under the provisions of SR 2, the following bill was introduced, read the first time, and referred to committee:

SB 1. By Senators Smalley of the 26th, Sanders of the 18th, Towson of the 16th, Jones of the 23rd, McWhorter of the 50th, Gardner of the 47th, Blalock of the 36th, Dews of the 9th, Jackson of the 24th, Mitchell of the 43rd, Overby of the 33rd, Harden of the 27th, Green of the 44th, Ayers of the 31st, Dailey of the llth, Whisnant of the 25th, Raynor of the 4th, McWhorter of the 34th, Johnson of the 46th, Owens of the 32nd, Seagraves of the 30th, Ponsell of the 5th, Braly of the 38th, Griner of the 45th, Brown of the 52nd, Harrington of the 20th, Grayson of the 1st, White of the 39th, DeLoach of the 6th, Clanton of the 7th, Perry of the 49th, Waters of the 41st, Ingram of the 42nd and Newton of the 17th.
A bill to provide for the reapportionment of the State Senate; to amend an act relating to Senatorial Districts of the State, approved February 1, 1946 (Ga. Laws 1946, p. 42), as amended by an Act approved Febru ary 14, 1950 (Ga. Laws 1950, p. 165), so as to remove the provisions providing for the furnishing of Senators; to repeal an act entitled "An act to regulate political primary elections for the nomination of candi dates for the State Senate; to provide that such primary elections shall be held in the various Senatorial Districts only in the county entitled to furnish the nominees under the rotation system; and for other pur poses.", approved March 23, 1939 (Ga. Laws 1939, p. 311); to provide the procedure for the nomination and election of State Senators for the 1963-64 Term; to amend Code Section 34-1904, relating to ballots in elec tions other than primary elections, as amended, so as to change the pro visions relating to members of the State Senate; to provide for the pro cedure for future nominations of members of the State Senate; to amend an act, relating to county primaries, approved February 20, 1956 (Ga. Laws 1956, p. 159), as amended, so as to remove the provisions relating to members of the State Senate; to amend an act providing for absentee voting by members of the Military, apporved February 26, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 244), as amended, so as to provide the date on which future primaries for the nomination of State Senators shall be held; to amend an act, relating to ballots in primary elections and the qualifying of candidates in primary elections, approved March 12, 1941 (Ga. Laws 1941, p. 324), so as to change the provisions relating to qualifying; to amend Code Section 47-102, relating to State Sena torial Districts, as amended, so as to provide for the composition and

THURSDAY, SEPTEMBER 27, 1962

9

number of State Senatorial Districts and the number of Senators; to provide for future reapportionment of the State Senate; to provide for the suspension of certain laws and the applicability of certain provisions of this act; to repeal conflicting laws; and for other purposes.
Referred to Committee on Rules.

Senator Knox of the 54th moved that the Senate do now adjourn, and the motion prevailed.

The president announced the Senate adjourned until 12:00 o'clock noon to morrow.

10

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Senate Chamber, Atlanta, Georgia, Friday, September 28, 1962.

The Senate met pursuant to adjournment at 12:00 o'clock noon today, and was called to order by the president.

Scripture reading and prayer was offered by Reverend Glint Rogers, pastor, Second Baptist Church, Forest Park, Georgia.

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

Senator Waters of the 41st 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 Knox of the 54th 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. Second reading of bills and resolutions.
The consent was granted.
The following resolution was read:
SR 5. By Senators Dykes of the 14th, Veazey of the 19th, Hart of the 53rd, Newton of the 17th, Long of the 3rd, Bell of the 10th and Waters of the 41st. A resolution commending Governor Ross Barnett of Mississippi; and for other purposes.
The following resolution was read the first time, and referred to committee:
SR 4. By Senator Waters of the 41st: A resolution proposing an amendment to the Constitution, so as to pro vide for the number and terms of the members of the Senate of the State of Georgia; and for other purposes.
Referred to Committee on Rules.

FRIDAY, SEPTEMBER 28, 1962

11

The following bill was read the second time:

SB 1. By Senators Sanders of the 18th, Smalley of the 26th, Towson of the 16th, Jones of the 23rd, McWhorter of the 50th, Gardner of the 47th, Blalock of the 36th, Dews of the 9th, Jackson of the 24th, Mitchell of the 43rd, Overby of the 33rd, Dailey of the llth, Whisnant of the 25th, Raynor of the 4th, McWhorter of the 34th, Johnson of the 46th, Owens of the 32nd, Seagraves of the 30th, Ponsell of the 5th, Braly of the 38th, Griner of the 45th, Brown of the 52nd, Harrington of the 20th, Ingram of the 42nd, Grayson of the 1st, White of the 39th, DeLoach of the 6th, Clanton of the 7th, Perry of the 49th, Waters of the 41st, Harden of the 27th, Green of the 44th, Ayers of the 31st and Newton of the 17th:
A bill to provide for the reapportionment of the State Senate; to amend an act, relating to Senatorial Districts of the State, approved February 1, 1946 (Ga. Laws 1946, p. 42), as amended by an act approved February 14, 1950 (Ga. Laws 1950, p. 165), so as to remove the provisions provid ing for the furnishing of Senators; to repeal an Act entitled "An act to regulate political primary elections for the nomination of candidates for the State Senate; to provide that such primary elections shall be held in the various Senatorial Districts only in the county entitled to furnish the nominees under the rotation system; and for other purposes.", approved March 23, 1939 (Ga. Laws 1939, p. 311) ; to provide the procedure for the nomination and election of State Senators for the 1963-64 Term; to amend Code Section 34-1904, relating to ballots in elections other than primary elections, as amended, so as to change the provisions relating to members of the State Senate; to provide for the procedure for future nominations of members of the State Senate; to amend an act relating to county primaries, approved February 20, 1956 (Ga. Laws 1956, p. 159), as amended, so as to remove the provisions relating to members of the State Senate; to amend an act providing for absentee voting by mem bers of the Military, approved February 26, 1953 (Ga. Laws 1953, Jan.Feb. Sess., p. 244), as amended, so as to provide the date on which future primaries for the nomination of State Senators shall be held; to amend an act, relating to ballots in primary elections and the qualifying of can didates in primary elections, approved March 12, 1941 (Ga. Laws 1941, p. 324), so as to change the provisions relating to qualifying; to amend Code Section 47-102, relating to State Senatorial Districts, as amended, so as to provide for the composition and number of State Senatorial Districts and the number of Senators; to provide for future reappor tionment of the State Senate; to provide for the suspension of certain laws and the applicability of certain provisions of this act; to repeal conflicting laws; and for other purposes.

Senator Pgrsons of the 22nd asked unanimous consent that the following remarks, made by him, be included in the journal:
I was born into a house of lawyers and have been taught by precept and example of my father and uncle to respect the courts.
The courts are created by the people. The people are not created by the courts.

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JOURNAL OF THE SENATE,

Due to the negligence, indolence, and perhaps cowardice, the people have allowed their creation to become a monster that will do away with the people. Over the past years, courts have handed down edicts under the guise of decisions; and the people, uninformed in the very beginning, now find their servant has become their master.

I was elected as a Senator from the 22nd Senatorial District, and I have no more intentions of giving away any of its rights than Sir Winston Churchill had of giving away one inch of English soil when he, too, was confronted by apparent utter annihilation.

I want it distinctly understood that I am perfectly willing for the metropolitan areas to have a larger vote in the General Assembly. We have a son and daughter and their two sons living in DeKalb County.

Even if I were to believe that three Federal judges have a right to tell four million Georgians what to do and usurp the sovereign power of the State of Georgia, which I do not believe, I could have no respect for their decision when the Court claims to seek better representation and yet agree to a variation for districts of a low of 57,937 population to a high of 85,594. These are figures just for certain counties. Then they take, and I quote from their decision, "All of the other districts in the state would fall within extremes of approximately 69,000 on the low side to 76,000 on the high side". Unquote.

How am I to know how to cut these counties up into districts that they have specially selected? How are the courts to make me believe that they have approached this problem in earnestness when there is a differ ential of approximately 28,000 people that are lost or forgotten by the Courts own figures in the Counties of Cobb and DeKalb?
Now, we are here because a Federal Court told us to convene. They said they would sit at 10:00 A. M. Friday the 5th day of October, 1962. So, in effect, we were brought here under the gun and sit here in the same capacity.
There are some who are saying, "Oh, we do not want the Courts to re-apportion our state. We want to do the job ourselves."
Are we fooling ourselves or anyone else.
What we now do, will long live in the eyes of all brave men as either the act of independence or an act under duress or fear.
Is it not rather ironical that the members of this Court who now seek to usurp this state's sovereignty and to deprive the sovereign State of Georgia from electing its own officials to run the state are the same men who owe their complete political existence to the county unit system and the present way of selecting the members of the General Assembly. Every mouthful of political food and every breath of political air that has kept their political fortunes alive and rewarded them with their present jobs were under the system that they now seek to destroy and the sovereignty of the state they now seek to usurp. No, they cannot lose their jobs. They do not have to face the people at election time.

FRIDAY, SEPTEMBER 28, 1962

13

I wonder if it has ever occurred to these men of this Court to resign from their jobs and start up the political ladder of today using the ground rules that they are now advocating rather than the ones they seek to abolish but which brought them much gain.

What would be wrong with letting the Governor adjourn this session of the Legislature and then letting the Governor ask for an election in which the people of Georgia will vote as to whether they wish to give the metropolitan areas more representation; and if the people so vote, then he, as the Governor of the sovereign State of Georgia call the Gen eral Assembly into session and proceed promptly; but let the process and procedure operate and function under the sovereignty of the State of Georgia; otherwise, let us once and for all admit that Georgia is not a sovereign state.

The encroachment by the Federal judiciary, in my opinion, must be stopped. If not, of what use do we have for a Governor or a General Assembly? They are mere puppets acting under an existing court order and the fear of a future one.
Even now, we are here assembled when we do not know for sure if we are a sovereign body or whether the Supreme Court of the United States will uphold this lower court's decision.
In fact, we have all become so afraid that we jump and run to a voice that as for myself I will not accept as my master.

The consent was granted.

Senator Dews of the 9th moved that the Senate do now adjourn until 12:00 o'clock noon, Monday, October 1, 1962.

On the motion to adjourn, Senator Dykes of the 14th 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 Braly Brown Clanton DeLoach Dews Gardner
Griner Harrington Ingram

Jones Kelly Lambert Mathews Mitchell McWhorter of 34th McWhorter of 50th
Newton Overby Owens

Perry Raynor Sanders Seagraves Smalley Towson Warnell Whisnant White

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Those voting in the negative were Senators:

Ayers Conger Dailey Dykes Pitzpatrick Grayson

Green Harden Hart Johnson Knox Long

Peterson Staples Veazey Waters

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

The motion of the Senator from the 9th having prevailed, the president an nounced the Senate adjourned until 12:00 o'clock noon, October 1, 1962.

MONDAY, OCTOBER 1, 1962

15

Senate Chamber, Atlanta, Georgia, Monday, October 1, 1962.

The Senate met pursuant to adjournment at 12:00 o'clock noon today, and was called to order by the president.

Scripture reading and prayer was offered by Reverend Guy K. Hutcherson, pastor, First Methodist Church, Moultrie, Georgia.

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

Senator Waters of the 41st 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 Knox of the 54th 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. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and consideration of general bills and resolutions.

The consent was granted.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House, to-wit:

HB 1. By Messrs. Killian and Flexer of Glynn, Smith of Emanuel, Twitty of Mitchell, Smith of Grady, and many others:
A bill to amend an act known as the "State Toll Bridge Authority Act" so as to change the composition of the membership of said Authority; and for other purposes.

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JOURNAL OP THE SENATE,

The following bill was introduced, read the first time, and referred to com mittee:

HB 1. By Messrs. Killian and Flexer of Glynn, Smith of Emanuel and many others:
A bill to amend an act known as the "State Toll Bridge Authority Act", dealing with the acquisition, construction, financing and self-liquidating of projects, so as to change the composition of the membership of the Authority; and for other purposes.
Referred to Committee on Rules.

Mr. Whisnant of the 25th District, Secretary of the Committee on Rules, sub mitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following bill of the Senate and has instructed me, as Secretary, to report the same back to the Senate with the following recommendation:
SB 1. Do Pass, as Amended.
Respectfully submitted,
Whisnant of 25th District, Secretary.

The following resolution was read the second time:

SR 4. By Senator Waters of the 41st:
A resolution proposing an amendment to the Constitution, so as to pro vide for the number and terms of the members of the Senate of the State of Georgia; and for other purposes.
The following bill, favorably reported by the committee, was read the third time, and put upon its passage:
SB 1. By Senators Sanders of the 18th, Smalley of the 26th, Towson of the 16th, Jones of the 23rd, MeWhorter of the 50th, Gardner of the 47th, Blalock of the 36th, Dews of the 9th, Jackson of the 24th, Mitchell of the 43rd, Overby of the 33rd, Dailey of the llth, Whisnant of the 25th, Raynor of the 4th, MeWhorter of the 34th, Johnson of the 46th, Owens of the 32nd, Seagraves of the 30th, Ponsell of the 5th, Braly of the 38th, Griner of the 45th, Brown of the 52nd, Harrington of the 20th, Ingram of the 42nd, Grayson of the 1st, White of the 39th, DeLoach of the 6th, Clanton of the 7th, Perry of the 49th, Waters of the 41st, Harden of the 27th, Green of the 44th, Ayers of the 31st and Newton of the 17th:
A bill to provide for the reapportionment of the State Senate, so as to provide for the composition and number of State Senatorial Districts

MONDAY, OCTOBER 1, 1962

17

and the number of Senators; to provide for future reapportionment of the State Senate; to provide for the suspension of certain laws and the applicability of certain provisions of this act; and for other purposes.

The Committee on Rules offered the following amendment:
Amend Section 3 by adding a new paragraph at the end of Section 3 to read as follows:
''Any person offering as a candidate in the aforesaid Primary on October 16, 1962, in a District composed of one county or less must have been a resident and a registered voter of such District for the twelve (12) months immediately preceding said date. Any person offering as a candidate in the aforesaid Primary on October 16, 1962, in a District composed of more than one county must have been a resident and a registered voter of the particular county in said District from which he offers as a candidate for the twelve (12) months immediately preceding said date; and the caption shall be amended accordingly."

On the adoption of the amendment, the ayes were 48, nays 0, and the amend ment was adopted.

The Committee on Rules offered the following amendment:
Amend Section 9 by striking Section 9 in its entirety and substitut ing in lieu thereof a new Section 9 to read as follows:
Section 9. Code Section 47-102, relating to State Senatorial Districts, as amended, is hereby amended by striking said Section in its entirety and inserting in lieu thereof a new Code Section 47102 to read as follows:
'There shall be fifty-four (54) Senatorial Districts of the State \l of Georgia, each to be represented by one Senator, and such Dis tricts shall be distributed and composed of the various counties or portions of counties of said State as follows: 1. That portion of Chatham County, more particularly described as follows:
All that land starting from a point 85' north east of the pro jection of the centerline of Bull Street; then in a southeasterly di rection along the centerline of Bull Street to its intersection with the centerline of Victory Drive; then in an easterly direction along the centerline of Victory Drive to its intersection with the centerline of Skidaway Road; then in a southerly direction along the cen terline of Skidaway Road to its intersection with the centerline of DeRenne Avenue; then in a westerly direction along the centerline of DeRenne Avenue to its intersection with the centerline of the Casey Canal; then in a southeasterly direction along the centerline

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JOURNAL OP THE SENATE,

of the Casey Canal to its intersection with the centerline of Bacon Park Drive; then in an easterly direction along the centerline of Bacon Park Drive to its intersection with the centerline of the Power Line; then in a southerly direction along the centerline of the Power Line to its intersection with the centerline of Intermediate Road; then in an easterly direction along the centerline of Intermediate Road to its intersection with the centerline of Skidaway Road; then in a southerly direction along the centerline of Skidaway Road to its intersection with the centerline of Montgomery Cross Road; then in a westerly direction along the centerline of Montgomery Cross Road to its intersection with the east boundary line of Hunter Air Force Base; then in a northerly direction along the east boun dary line of Hunter Air Force Base to its intersection with the cen terline of Middleground Road; then in a northeasterly direction along the centerline of Middleground Road to its intersection with the centerline of Montgomery Street; then in a northeasterly direc tion along the centerline of Montgomery Street to its intersection with the centerline of 52nd Street extended; then in a westerly di rection along the centerline of 52nd Street extended to the city limits line; then in a northwesterly direction along the corporate limit line of the City of Savannah to its intersection with the centerline of Stiles Avenue; then in a northeasterly direction along the centerline of Stiles Avenue to its intersection with the centerline of Louisville Road; then in a westerly direction along the centerline of Louisville Road to its intersection with the centerline of Lathrop Avenue East; then in a northerly direction along the centerline of Lathrop Avenue East to its intersection with the corporate limit line of the City of Savannah; then in a northeasterly direction along the corporate limit line of the City of Savannah to a point 85' north east of the projection of the centerline of Bull Street.
2. That portion of Chatham County, more particularly described as follows:
All that area bounded on the north starting from a point 85' northeast of the projection of the centerline of Bull Street; then in a northeasterly direction along the centerline of the corporate limit line projected to the county limit line; then along the county limit line along the Back River to the northeasterly tip of Elba Island; then in a southwesterly direction along the centerline of the Savan nah River to its intersection with the projection of the centerline of the South Channel; then in a southeasterly direction along the cen terline of the South Channel to its intersection with projection of the centerline of the Wilmington River; then in a southwesterly direction along the centerline of the Wilmington River to its inter section with the projection of the centerline of the corporate limits of the town of Thunderbolt; then in a westerly direction along the centerline of the corporate limits of the town of Thunderbolt back to its intersection with the centerline of the Wilmington River; then in an easterly direction along the centerline of the Wilmington River to its intersection with the projection of the centerline of the Herb River; then in a southwesterly direction along the centerline of the Herb River to its intersection with the centerline of Skidaway Road; then in a northerly direction along the centerline of Skidaway Road to its intersection with the centerline of Intermediate Road; then in a westerly direction along the intresection of Intermediate

MONDAY, OCTOBER 1, 1962

19

Road to its intersection with the centerline of the Power Line; then in a northerly direction along the centerline of the Power Line to its intersection with the centerline of Bacon Park Drive; then in a westerly direction along the centerline of Bacon Park Drive to its intersection with the centerline of the Casey Canal; then in a north easterly direction along the centerline of the Casey Canal to its in tersection with the centerline of DeRenne Avenue; then in an east erly direction along the centerline of DeRenne Avenue to its inter section with the centerline of Skidaway Road; then in a northerly direction along the centerline of Skidaway Road to its intersection with the centerline of Victory Drive; then in an easterly direction along the centerline of Victory Drive to its intersection with the centerline of Bull Street; then in a northerly direction along the centerline of Bull Street to its intersection with the corporate limit line of the City of Savannah.

3. That portion of Chatham County, more particularly described as follows:

All that land inside the county limit line of Chatham County not included in Districts One and Two.

4. Bulloch, Candler, Evans, Tattnall & Toombs

5. Appling, Bacon, Bryan, Liberty, Long, Mclntosh & Wayne

6. Brantley, Camden, Charlton, Glynn & Pierce

7. Atkinson, Clinch, Coffee, Lanier & Ware

8. Berrien, Cook, Echols & Lowndes

9. Brooks, Colquitt & Tift

10. Grady, Mitchell & Thomas

11. Baker, Calhoun, Clay, Decatur, Early, Miller & Seminole

12. Dougherty County

13. Ben Hill, Crisp, Irwin, Lee, Turner & Worth
14. Chattahoochee, Randolph, Stewart, Sumter, Terrell, Webster and Quitman

15. That portion of Muscogee County, more particularly described as follows:

That area North of a point where the centerline of 17th Street intersects the Chattahoochee River and running thence in an east erly direction along the centerline of said 17th Street to the centerline of Dell Drive and running thence South along the centerline of

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Dell Drive to the centerline of Macon Road and running thence in an easterly direction along the centerline of said Macon Road to the East line of Muscogee County.

16. That portion of Muscogee County, more particularly described as follows:

That area South of a point where the centerline of 17th Street intersects with Chattahoochee River and running thence in an east erly direction along the centerline of said 17th Street to the centerline of Dell Drive and running thence South along the centerline of Dell Drive to the centerline of Macon Road and running thence in an easterly direction along the centerline of said Macon Road to the East line of Muscogee County.
17. Harris, Macon, Marion, Schley, Talbot, Taylor & Upson
18. Crawford, Twiggs, Houston and Peach
19. Bleckley, Dodge, Jeff Davis, Pulaski, Telfair, Dooly & Wilcox
20. Laurens, Johnson, Emanuel, Treutlen, Wheeler & Montgomery

21. Jefferson, Burke, Jenkins, Screven & Effingham
22. That portion of Richmond County, more particularly described as follows:
All that territory in Richmond County lying and being within the Corporate Limits of the City of Augusta.
23. That portion of Richmond County, more particularly described as follows:
All that territory in Richmond County lying and being outside the Corporate Limits of the City of Augusta.
24. Columbia, Glascock, Greene, Hancock, Lincoln, McDuffie, Taliaferro & Warren
25. Baldwin, Jones, Washington & Wilkinson

26. That portion of Bibb County, more particularly described as follows :

All that portion of Bibb County lying East and North of a line commencing on the South county line where U. S. Highway 41 crosses the county line and then going North along U. S. 41 to the point where it intersects Pio Nono Avenue, continuing North along Pio Nono Avenue to the point where it is intersected by Hightower Road, East along Hightower Road to the point where it intersects

MONDAY, OCTOBER 1, 1962

21

Houston Avenue; thence North along Houston Avenue to the point where it intersects Broadway, North along Broadway to the point where it intersects Riverside Drive; thence Northwest along River side Drive to the point where it intersects Ingleside Avenue; thence West along Ingleside Avenue to the point where it intersects Pierce Avenue; thence South along Pierce Avenue to the point where it intersects Vineville Avenue; thence Northwest along Vineville Ave nue, which is also U. S. Highway 41, and continuing along U. S. Highway 41 to the Monroe County Line.

27. That portion of Bibb County, more particularly described as follows:

All that portion of Bibb County lying West and South of a line commencing on the South county line where U. S. Highway 41 crosses the county line and then going North along U. S. 41 to the point where it intersects Pio Nono Avenue, continuing North along Pio Nono Avenue to the point where it is intersected by Hightower Road, East along Hightower Road to the point where it intersects Houston Avenue; thence North along Houston Avenue to the point where it intersects Broadway, North along Broadway to the point where it intersects Riverside Drive; thence Northwest along River side Drive to the point where it intersects Ingleside Avenue; thence West along Ingleside Avenue to the point where it intersects Pierce Avenue; thence South along Pierce Avenue to the point where it intersects Vineville Avenue; thence Northwest along Vineville Ave nue, which is also U. S. Highway 41, and continuing along U. S. Highway 41 to the Monroe County line.

28. Butts, Lamar, Monroe, Pike & Spalding

29. Heard, Meriwether & Troup

30. Carroll, Coweta & Fayette

31. Douglas, Haralson, Paulding & Polk

32. That portion of Cobb County, more particularly described as follows:

All that part of Cobb County lying and being in Militia Dis tricts Gritter (911), Post Oak (1319), Elizabeth (1897), Fullers (1679), Merritts (897), Smyrna (1292), Vinings (1568), Lemons (992), and Wards 1, 5, 6, and 7 of the City of Marietta.

33. That portion of Cobb County, more particularly described as follows:

All that part of Cobb County lying and being in Militia Dis tricts Acworth (851), Big Shanty (991), Red Rock (1318), Lost Mountain (1540), Oregon (1017), Macland (1608), Powder Springs (846), Clarkdale (1826), Austell (1378), Coxes (895), Howells (1395), Fair Oaks (1891), and Wards 2, 3, and 4 of the City of

22

JOURNAL OF THE SENATE,

Marietta, and also that portion of the Marietta Militia District (898) outside the Corporate Limits of the City of Marietta. 34. That portion of Fulton County, more particularly described as follows:
Beginning at a point in the City of Atlanta in Land Lot 118 of the 14th district of Fulton County, Georgia at the southeast corner of Beecher Street at its intersection with White Street and Lawton Street and thence in an easterly direction along the south side of Beecher Street to its intersection with the west side of Lee Street; thence in a southernly direction along the west side of Lee Street to the intersection of Lee Street with West Whitehall Street and the west side of the right-of-way of the Central of Georgia railroad; thence southernly along the western side of the Central of Georgia railroad right-of-way to a point where the Atlanta and West Point Railway merges with the Central of Georgia railroad, in the City of East Point; thence continuing in a southernly direction along the western side of the right-of-way of the Atlanta and West Point rail road to the intersection of said right-of-way with the Fulton CountyClayton County boundary line; thence northernly; thence westernly and thence in a southernly direction along the said Fulton CountyClayton County boundary line to the intersection of said boundary line with the Fulton County-Fayette County boundary line; thence in a southwesternly direction following the meanderings of the said Fulton County-Fayette County boundary line to its intersection with the Fulton County-Coweta County boundary line; thence westernly along the Fulton County-Coweta County boundary line to the intersection of said boundary line with the Fulton County-Doug las County boundary line at the Chattahoochee River; thence in a northernly direction following the meanderings of the Fulton Coun ty-Douglas County boundary line and the Fulton County-Cobb County boundary line along the Chattahoochee River to the point where Utoy Creek flows into the Chattahoochee River; thence in an easternly direction along the south side of said creek to a point where Fairburn Road intersects said creek, which point is just south of the intersection of Fairburn Road with Cascade Road; thence in a northernly direction along the east side of Fairburn Road to its intersection with the Atlantic Coast Line Railroad; thence continu ing in a northernly direction along the east side of the right-of-way of the Atlantic Coast Line Railroad to the intersection of said rail road and Brownlee Road in the city limits of Atlanta; thence in a southernly direction along the western side of Brownlee Road to the intersection of said road with North Utoy Creek; thence in a gen erally eastern direction along the south side of said creek following the meanderings thereof to a point in the John A. White Park where Beecher Court would intersect said creek if extended in a southernly direction into said park; thence north along the imaginary extension of Beecher Court to Beecher Court; thence continuing in a north ernly direction along the eastern side of Beecher Court to its inter section with Beecher Street; thence in an eastern direction along the south side of Beecher Street to its intersection with Donnally Avenue; thence in a southeasternly direction along the southwest side of Donnally Avenue to its intersection with Lawton Street; thence in a northeasternly direction along the southeast side of Lawton Street to its intersection with White Street and Beecher Street and the point of beginning.

MONDAY, OCTOBER 1, 1962

23

35. That portion of Fulton County, more particularly described as follows:
Beginning at a point on the Southern boundary of Land Lot 108 of the 14th District of Fulton County, Georgia, which southern boun dary is Gordon Street and Glenn Street, in Atlanta, Georgia, and at the intersection of Gordon and Glenn Streets with the Central of Georgia railroad, thence in a northernly direction along the east side of the right-of-way of the Central of Georgia Railway to the inter section of said railroad with Fair Street; thence in a northwest wardly direction along the north east side of Fair Street to its inter section with Walker Street; thence north along the east side of Walker Street to its intersection with Nelson Street; thence north eastwardly along the south side of Nelson Street to its intersection with Elliott Street; thence continuing in a northerly direction along the east side of Elliott Street to the intersection of Elliott Street with Simpson Street and the Georgia Railroad; thence in a southeasternly direction along the south west side of the right-of-way of the Georgia Railroad to its intersection with Magnolia Street, and thence continuing along the right-of-way of the Georgia Railway in a southeasternly direction, which is also the southern boundary of Senatorial District 37 of Fulton County, to the intersection of the said right-of-way with Oakland Avenue, which is the northwest corner of Oakland Cemetery; thence in a southernly direction along the west side of Oakland Avenue to the north side of Memorial Drive; thence west along the north side of Memorial Drive to Kelly Street; thence south along the west side of Kelly Street; and con tinuing across the East Expressway to the extension of Kelly Street continuing to the intersection of Kelly Street with Glenwood Ave nue; thence west along the north side of Glenwood Avenue to Connally Street, thence south along the west side of Connally Street to its intersection with the north side of Fulton Street; thence west along the north side of Fulton Street and following the north side of Fulton Street, north then west to the intersection of Fulton Street with the west side of Capitol Avenue; thence south along the west side of Capitol Avenue to its intersection with the Atlanta and West point Railroad; thence southwestwardly along the north side of the right-of-way of the Atlanta and West Point Railroad to its intersec tion with the South Expressway (Interstate 75) ; thence south along the west side of the South Expressway to a point where said ex pressway intersects the boundary line between Hapeville and At lanta's City limits; thence in a southerly direction, following the Hapeville-Atlanta boundary line to the Central of Georgia railroad; thence westwardly following the Hapeville-Atlanta boundary line to a point where said boundary turns south; thence south along said Atlanta-Hapeville boundary to the point where said boundary inter sects with the Fulton County-Clayton County boundary line; thence west along said county boundary line to a point where said boundary line turns South; thence continuing south along said boundary line to a point where it turns west; thence west along said Fulton Coun ty-Clayton County boundary line to a point where it turns north; and thence north along said boundary line to a point where it inter sects the Atlanta and West Point railway right-of-way; thence north along the east Fide of the Atlanta and West Point right-of-way; which right-of-way also is the eastern boundary of Senatorial Dis trict 34, to the intersection of said Atlanta and West Point right-

24

JOURNAL OF THE SENATE,

of-way with the Central of Georgia right-of-way, and thence con tinuing in a northerly direction along the east side of the Central of Georgia right-of-way and the boundary line of the 34th Sena torial District, to a point where said railroad right-of-way intersects with Gordon Street and Glenn Street and the point of beginning. 36. That portion of Fulton County, more particularly described as follows:

Beginning on the eastern border of Land Lot 14 of the 14th District of Fulton County, Georgia, which is also the Fulton CountyDeKalb County boundary line, at a point on said boundary where it intersects with the right of way of the Georgia Railroad; thence in a southwestern direction along the south side of the right of way of the Georgia Railway to the intersection of said right of way with Oakland Avenue, which is at the Northwest corner of Oakland Cemetery; thence in a southerly direction following the eastern boundary of the 35th Senatorial District, and continuing to follow the meanderings of said boundary south along Oakland Avenue, West along Memorial Drive, south along Kelly Street, west along Glenwood Avenue, south along Connally Street, west, north and west again along Fulton Street, thence south along Capitol Avenue, thence southwestwardly along the right of way of the Atlanta and West Point railroad, thence south along the South Expressway, and thence continuing to follow the boundary of said Senatorial District 35 along the Atlanta-Hapeville boundary line to the intersection thereof with the Fulton County-Clayton County boundary; thence east along the Fulton County and Clayton County boundary line to its intersection with the P'ulton County-DeKalb County boundary line; thence north along the Fulton County-DeKalb County boun dary line to its intersection with the Georgia Railroad right of way and the point of beginning.

37. That portion of Fulton County, more particularly described as follows:

Beginning at a point on the eastern border of Land Lot 10 of the 17th District of Fulton County, Georgia, which border is also the Fulton County-DeKalb County boundary line, where the Southern Railroad intersects the said eastern border of Land Lot 10; and thence in a southerly direction along the Fulton-DeKalb County boundary line to the intersection of said boundary with the Georgia Railroad which intersection is on the eastern boundary of Land Lot 14 of the 14th district of Fulton County, Georgia; thence in a south western direction along the north side of the right of way of the Georgia Railroad and continuing along the north side of right of way as same turns to the north, and continuing in a northwestern
direction along said right of way, generally parallel with Decatur Street and Marietta Street in downtown Atlanta, to the intersection of said right of way with Magnolia Street; thence in a northeasternly direction along the west side of Magnolia Street to its inter section with Luckie Street and Cain Street; thence in an easternly direction along the south side of Cain Street to the intersection of Cain Street and Williams Street; thence in a northernly direction along the eastern side of Williams Street to its intersection with North Avenue; thence in an eastern direction along the south side

MONDAY, OCTOBER 1, 1962

25

of North Avenue to the intersection of North Avenue with West Peachtree Street; thence north along the east side of West Peachtree Street to its intersection with Tenth Street, thence east along the
south side of Tenth Street to its intersection at Monroe Drive with the right of way of the Southern Railroad; thence north along the east side of the right of way of the Southern Railroad to the inter
section of said right of way with the Fulton-DeKalb County boun dary line and the point of beginning.

38. That portion of Pulton County, more particularly described as follows:

Beginning at a point on the southern boundary of Land Lot 108 of the 14th district of Pulton County, Georgia, which southern boun dary is Gordon and Glenn Streets, and at the intersection of Gordon and Glenn Streets with the Central of Georgia railroad; thence in a southernly direction along the eastern side of the right of way of the Central of Georgia railway to a point on the said right of way where Lee Street intersects with West Whitehall Street; thence in a northernly direction along the east side of Lee Street to its inter section with Beecher Street; thence in a westernly direction along the north boundary of Senatorial District 34 of Pulton County, fol lowing Beecher Street, Lawton Street, Beecher Street, Beecher Court, North Utoy Creek, Brownlee Road, the right of way of the Atlantic Coast Line Railroad, Fairburn Road, Utoy Creek, westwardly to the Chattahoochee River, at which point the north boundary of Sena torial District 34 intersects the Pulton County-Cobb County boun dary line; thence in a northeasternly direction following the meanderings of the Fulton County-Cobb County boundary line along the Chattahoochee River to a point where the Southern Railroad crosses the Chattahoochee River, at which point the southwestern boundary of Senatorial District 39 intersects the Fulton County-Cobb County boundary; thence in an easternly direction following the southwest ern boundary of the 39th Senatorial District along the Southern Railroad, Marietta Road, Perry Boulevard, West Marietta Street, continuing to follow said boundary south along Ashby Street, and thence easternly along Gordon Street to the intersection of Gordon with Glenn Streets and the Central of Georgia Railroad and the point of beginning.
39. That portion of Fulton County, more particularly described as follows :
Beginning at a point on the southern boundary of land Lot 108 of the 14th district of Fulton County, Georgia, which southern boun dary is Gordon and Glenn Streets, and at the intersection of Gordon and Glenn Streets with the Central of Georgia railroad; and thence north along the northwest side of the right of way of the Central of Georgia railroad to the intersection of said railroad with Pair Street; thence northwestwardly along the southwest side of Fair Street to its intersection with Walker Street; thence north along the west side of Walker Street to its intersection with Nelson Street; thence Northeastwardly along the north side of Nelson Street to its intersection with Elliott Street; thence continuing in a northly di rection along the west side of Elliott Street to the intersection of

26

JOURNAL OF THE SENATE,

Elliott with Simpson Street and the Georgia Railroad; thence in a southeasternly direction along the east side of the right of way of the Georgia Railroad to the intersection of said railroad and Mag nolia Street; thence in a northeasternly direction along Magnolia Street, which is the eastern boundary of Senatorial District 37 and continuing along the eastern boundary of Senatorial District 37 along Cain Street, Williams Street, North Avenue, West Peachtree Street, Tenth Street to the right of way of the Southern Railway and continuing along said boundary in a northerly direction along the right of way of the Southern Railway to the intersection of the said right of way with the main line of the Southern Railway in Land Lot 103 of the 17th District of Fulton County; thence in a southeasternly direction along the northwest side of the right of way of the main line of the said Southern Railway to the intersec tion of said railway with the Northwest Leg of the Atlanta Ex pressway; thence in a northwesternly direction along the south side of the said Northwest Expressway to its intersection with Peachtree Creek; thence in a westernly direction along the South side of said creek following the meanderings thereof to Moores Mill Road; thence in a southwesternly direction along the southeast side of Moores Mill Road to the intersection of Moores Mill Road with the Seaboard Airline Railway; thence in a northwesternly direction along the southwest side of the right of way of the Seaboard Railway to the point where the Seaboard Airline Railway crosses the Chattahoochee River and the Fulton County-Cobb County boundary; thence in a southwesternly direction along the Fulton County-Cobb County boundary and the Chattahoochee River to a point in Land Lot 263 of the 17th District of Fulton County, Georgia, where the Southern Railway crosses the Chattahoochee River and said boundary; thence in a southeasternly direction along the northeast side of the right of way of the Southern Railway to the intersection of said railroad with Marietta Road; thence in a southernly direction along the east side of Marietta Road to the intersection with Perry Boulevard; thence southeasternly along the north side of Perry Boulevard to its intersection with West Marietta Street; and continuing along the north side of West Marietta Street in a southeasternly direction to its intersection with Ashby Street; thence southerly along the east side of Ashby Street to the intersection of Ashby Street and Gordon Street; thence east along the north side of Gordon Street to the intersection of Gordon Street with Glenn Street and the Central of Georgia Railway and the point of beginning.
40. That portion of Fulton County, more particularly described as follows:
Beginning on the eastern border of Land Lot 10 of the 17th Dis trict of Fulton County, Georgia, which border is also the FultonDeKalb County boundary line, at a point where the Southern Rail way intersects with the said eastern border of the said land lot 10 and the Fulton County-DeKalb County boundary; thence in a south erly direction following the northwest boundary of Senatorial Dis trict 37, along the northwest side of the Southern Railway right of way, and continuing to follow said right of way along the border of Senatorial District 39 to a point where said right of way intersects the North West Leg of the Atlanta Expressway; thence continuing along the north side of the Northwest Leg of the said expressway

MONDAY, OCTOBER 1, 1962

27

to its intersection with Peachtree Creek, and thence in a westwardly direction on the north side of Peachtree Creek continuing to follow the north boundary of Senatorial District 39, following the meanderings of said creek to Moores Mill Road; thence continuing to follow the boundary of Senatorial District 39 along the northwest side of Moores Mill Road to the Seaboard Airline Railroad; thence north westwardly along the northeast side of said railroad right of way to the Chattahooehee River and the Fulton County-Cobb County boun dary; thence in a northerly direction along the Fulton County-Cobb County boundary and the Chattahooehee River so long as the said boundary follows the meanderings of said river; thence continuing to follow the meanderings of the Fulton County-Cobb County boun dary line to the intersection thereof with the Fulton County-Cherokee County boundary; thence in a northerly direction following the meanderings of the Cherokee-Fulton County boundary line to the intersection thereof with the Fulton County-Cherokee County boun dary; thence in a northerly direction following the meanderings of the Cherokee-Fulton County boundary line to a point where said boundary line turns eastwardly; thence eastwardly along the Chero kee-Fulton County boundary line to the intersection of said boundary with the Fulton County-Forsyth County boundary line; thence south erly and thence southeasterly following the meanderings of the Ful ton County-Forsyth County boundary line to the intersection of said boundary with the Fulton County-Gwinnett County boundary line; thence southwestwardly following the meanderings of the Fulton County-Gwinnett County boundary line to the intersection of said boundary with the Fulton County-DeKalb County boundary lines; thence in a westwardly direction, and thence in a southerly direction, following the meanderings of the Fulton County-DeKalb County line to its intersection with the Southern Railway right of way and the point of beginning.

41. That portion of DeKalb County, more particularly described as follows:
All that part of DeKalb County lying and being in Militia Dis tricts numbered 524, 686, 1416, 572, 1327, 1045, 637, 1398, 563, 683, 487, as presently laid out.

42. That portion of DeKalb County, more particularly described as follows:

All that part of DeKalb County lying and being in Militia Dis trict numbered 531, as presently laid out.
43. That portion of DeKalb County, more particularly described as follows:

All that part of DeKalb County lying and being in Militia Dis tricts numbered 1379, 1586, 1666, 1342, 536, 1448, as presently laid out.

44. Clayton, Henry, Rockdale

45. Jasper, Morgan, Newton, Oconee, Putnam & Walton

28

JOURNAL OF THE SENATE,

46. Clarke, Madison, Oglethorpe & Wilkes 47. Banks, Elbert, Franklin, Hart & Stephens 48. Barrow, Gwinnett & Jackson 49. Dawson, Forsyth, Hall & Lumpkin

50. Fannin, Gilmer, Habersham, Pickens, Rabun, Towns, Union & White

51. Bartow, Cherokee & Gordon

52. Floyd County

53. Chattooga, Bade & Walker

54. Catoosa, Murray & Whitfield

Each Senator must be a resident of his own Senatorial District and shall be elected by the voters of his own District, except that the Senators from those Senatorial Districts consisting of less than one county shall be elected by all the voters of the county in which such Senatorial District is located."

On the adoption of the amendment, the ayes were 44, nays 0, and the amend ment was adopted.

The Committee on Rules offered the following amendment to the Rules Com mittee amendment to section 9 of SB 1:
Amend SB 1 by adding at the end of Section 9 the following:
"Any person offering as a candidate for Senator in a District composed of one county or less, must have been a resident and a registered voter of such District for the twelve (12) months imme diately preceding the date of the general election. Any person offer ing as a candidate for Senator in a District composed of more than one county, must have been a resident and a registered voter of the particular county in said District from which he offers as a can didate for the twelve (12) months immediately preceding the date of the general election."

On the adoption of the amendment, the ayes were 46, 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.

MONDAY, OCTOBER 1, 1962
On the passage of the bill, Senator Veazey of the 19th called for the a> nays, and the call was sustained.

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

Those voting in the affirmative were Senators:

Ayers Bell
Blalock Braly Brown Clanton Clary D alley DeLoach Dews Fitzpatrick Gardner Grayson Green Griner

Harden Harrington Ingram Jackson Johnson Jones Kelly Lambert Mathews Miller Mitchell McWhorter of 34th McWhorter of 50th
Newton Overby

Those voting in the negative were Senators :

Conger Dykes Hart

Knox Long McKenzie of 12th

Owens Perry Peterson Ponsell Eaynor Sanders Seagraves Smalley Staples Towson Warnell Whisnant White
Persons Veazey Waters

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

On the passage of the bill, the ayes were 43, nays 9.

The bill, having received the requisite constitutional majority, was passed as amended.
Senator Sanders of the 18th asked unanimous consent that SB 1 be imme diately transmitted to the House.

The consent was granted.
Senator Knox of the 54th moved that the Senate do now adjourn until 11:00 o'clock tomorrow morning, and the motion prevailed.
The president announced the Senate adjourned until 11:00 o'clock tomorrow morning.

30

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia, Tuesday, October 2, 1962.

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 Reverend Thomas F. Ellison, pastor, Methodist Circuit, Milledgeville, Georgia.

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

Senator Waters of the 41st 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 Knox of the 54th 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. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and consideration of general bills and resolutions.

The consent was granted.

The following resolution was read and adopted:

SR 5. By Senator Knox of the B4th:
A resolution providing for mileage for the round trip for the extraordi nary session of the Senate for the members of the Senate, the Secretary of the Senate, and the Assistant Secretary of the Senate.

TUESDAY, OCTOBER 2, 1962

31

The following bill was read the second time:

HB 1. By Messrs. Killian and Flexer of Glynn, Smith of Emanuel and many others:
A bill to amend an act known as the "State Toll Bridge Authority Act", dealing with the acquisition, construction, financing and self-liquidating of projects, so as to change the composition of the membership of the Authority; and for other purposes.

Senator Waters of the 41st, Chairman of the Committee on Senate Adminis trative 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 of Representatives:
SB 1. SR 1.
Respectfully submitted, Waters of 41st District, Chairman.

Senator Knox of the 54th moved that the Senate do now adjourn until 11:00 o'clock tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned until 11:00 o'clock tomorrow morning.

32

JOURNAL OP THE SENATE,

Senate Chamber, Atlanta, Georgia, Wednesday, October 3, 1962.

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 Reverend Guy K. Hutcherson, pastor, First Methodist Church, Moultrie, Georgia.
By unanimous consent, the call of the roll was dispensed with.

Senator Waters of the 41st 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 Knox of the 54th 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. Second reading of bills and resolutions.
4. Reports of standing committees. 5. Third reading and consideration of general bills and resolutions.
The consent was granted.
The following message was received from the House through Mr. Ellard, 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. Smith of Emanuel, Twitty of Mitchell and Underwood of Montgomery: A bill to amend an act prescribing the procedure for the exercise of the power of eminent domain by the State of Georgia, so as to provide that the Attorney General of Georgia or his duly authorized Assistant Attor neys General shall be the signers of declarations of taking; and for other purposes.

WEDNESDAY, OCTOBER 3, 1962

33

HB 3. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A bill to provide for grants to certain incorporated municipalities for the purposes of aiding in the construction and maintenance of streets and for aiding in defraying the costs of providing personnel and equip ment for the control of traffic; and for other purposes.

The following resolution was read and adopted:

SR 6. By Senator Brown of the 52nd:
A RESOLUTION
Correcting the 1962 Journal of the Senate relative to Senate Bill No. 168; and for other purposes.
WHEREAS, on the 9th day of January, 1962, Senate Bill No. 168 was introduced and read the first time in the Senate; and
WHEREAS, said Bill was subsequently passed by the Senate and House of Representatives and was approved by the Governor as Act No. 847 on March 3. 1962; and
WHEREAS, Senator Charlie Brown of the 52nd Senatorial District was the principal author and advocate of said Senate Bill No. 168; and
WHEREAS, the Original Journal of the Senate on Page 16 and the Printed Journal of the Senate on Page 12 of the 1962 Session of the Senate shows the following relative to Senate Bill No. 168:
"SB 168. By Senators McWhorter of the 34th, Miller of the 40th, Ingram of the 42nd and Mitchell of the 43rd:
A bill to repeal an act entitled 'An Act to govern the ad mission of students to the University of Georgia and all of its branches as to age; to declare exceptions thereto; to repeal conflicting laws;' and for other purposes.
Referred to Committee on Educational Matters."; and
WHEREAS, the Original Journal of the Senate on Page 26 and the Printed Journal of the Senate on Page 17 of the 1962 Session of the Senate shows the following relative to Senate Bill No. 168:
"SB 168. By Senators McWhorter of the 34th, Miller of the 40th, Ingram of the 42nd and Mitchell of the 43rd:
A bill to repeal an Act entitled 'An Act to govern the admission of students to the University of Georgia and all of its branches as to age; to declare exceptions there to; to repeal conflicting laws; and for other purposes."; and

34

JOURNAL OF THE SENATE,

WHEREAS, due to the fact that Senator Charlie Brown was the principal author and advocate of Senate Bill No. 168, it is only fit and proper that his name should appear with the names of the authors of said Bill:

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE IN EXTRAORDINARY SESSION ASSEMBLED that that portion of Page 16 of the Original Journal of the Senate and that portion of Page 12 of the Printed Journal of the Senate for the 1962 Session of the Senate which reads as follows:
"SB 168. By Senators McWhorter of the 34th, Miller of the 40th, Ingram of the 42nd and Mitchell of the 43rd:
A bill to repeal an act entitled 'An Act to govern the admission of students to the University of Georgia and all of its branches as to age; to declare exceptions there to; to repeal conflicting laws;' and for other purposes.
Referred to Committee on Educational Matters."

be deleted in its entirety and the following be inserted in lieu thereof:

"SB 168. By Senators Brown of the 52nd, McWhorter of the 34th, Miller of the 40th, Ingram of the 42nd and Mitchell of the 43rd:
A bill to repeal an act entitled 'An Act to govern the admission of students to the University of Georgia and all of its branches as to age; to declare exceptions there to; to repeal conflicting laws;' and for other purposes.
Referred to Committee on Educational Matters."

BE IT FURTHER RESOLVED that that portion of Page 26 of the Original Journal of the Senate and that portion of Page 17 of the Printed Journal of the Senate for the 1962 Session of the Senate which reads as follows:
SB 168. By Senators McWhorter of the 34th, Miller of the 40th, Ingram of the 42nd and Mitchell of the 43rd:
A bill to repeal an Act entitled 'An Act to govern the admission of students to the University of Georgia and all of its branches as to age; to declare exceptions thereto; to repeal conflicting laws; and for other purposes."

be deleted in its entirety and the following be inserted in lieu thereof:
SB 168. By Senators Brown of the 52nd, McWhorter of the 34th, Miller of the 40th, Ingram of the 42nd and Mitchell of the 43rd:
A bill to repeal an Act entitled 'An Act to govern the ad mission of students to the University of Georgia and all of

WEDNESDAY, OCTOBER 3, 1962

35

its branches as to age; to declare exceptions thereto; to repeal conflicting laws; and for other purposes."

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized, instructed and directed to place a copy of this Reso lution in the Journal of the September-October, 1962, Extraordinary Session of the General Assembly of Georgia and to furnish an appro priate copy of this Resolution to the Honorable Charlie Brown, Senator, 52nd Senatorial District of Georgia.

The following bills were introduced, read the first time, and referred to com mittees :

HB 2. By Messrs. Smith of Emanuel, Twitty of Mitchell and Underwood of Montgomery:
A bill to amend an act prescribing the procedure for the exercise of the power of eminent domain by the State of Georgia, so as to provide that the Attorney General of Georgia or his duly authorized Assistant Attor ney General shall be the signers of declarations of taking; and for other purposes.
Referred to Committee on Rules.
HB 3. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A bill to provide for grants to certain incorporated municipalities for the purposes of aiding in the construction and maintenance of streets and for aiding in defraying the costs of providing personnel and equipment for the control of traffic; and for other purposes.
Referred to Committee on Rules.

Mr. Whisnant of the 25th District, Secretary of the Committee on Rules, sub mitted the following report:

Mr. President:

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

HB 1, Do Pass.

Respectfully submitted,

Whisnant of 25th District,

Secretary.

36

JOURNAL OF THE SENATE,

The following bill, favorably reported by the committee, was read the third time, and put upon its passage:

HB 1. By Messrs. Killian and Flexer of Glynn, Smith of Emanuel and many others:
A bill to amend an act known as the "State Toll Bridge Authority Act", dealing with the acquisition, construction, financing and self-liquidating of projects, so as to change the composition of the membership of the Authority; and for other purposes.

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

On the passage of the bill, the ayes were 38, nays 1.

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

Senator Overby of the 33rd moved that the Senate do now adjourn until 11:00 o'clock tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned until 11:00 o'clock tomorrow morning.

THURSDAY, OCTOBER 4, 1962

37

Senate Chamber, Atlanta, Georgia, Thursday, October 4, 1962.

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 Reverend Otis Dasher, pastor, Smyrna Baptist Church, Vienna, Georgia.

By unanimous consent, the call of the roll was dispensed with.
Senator Waters of the 41st 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. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and consideration of general bills and resolutions.
The consent was granted.
The following bills were read the second time:
HB 2. By Messrs. Smith of Emanuel, Twitty of Mitchell and Underwood of Montgomery: A bill to amend an act prescribing the procedure for the exercise of the power of eminent domain by the State of Georgia, so as to provide that the Attorney General of Georgia or his duly authorized Assistant Attor neys General shall be the signers of declarations of taking; and for other purposes.
HB 3. By Messrs. Twitty of Mitchell and Smith of Emanuel: A bill to provide for grants to certain incorporated municipalities for the purposes of aiding in the construction and maintenance of streets and for aiding in defraying the costs of providing personnel and equip ment for the control of traffic; and for other purposes.

38

JOURNAL OF THE SENATE,

Mr. Whisnant of the 25th District, Secretary of the Committee on Rules, sub mitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following resolu tion of the Senate and has instructed me, as Secretary, to report the same back to the Senate with the following recommendation:
SR 4. Do Pass, by Substitute. Respectfully submitted, Whisnant of 25th District, Secretary.

Mr. Whisnant of the 25th District, Secretary of the Committee on Rules, sub mitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following bills of the House and has instructed me, as Secretary, to report the same back to the Senate with the following recommendations:
HB 2. Do Pass, as Amended. HB 3. Do Pass, as Amended.
Respectfully submitted, Whisnant of 25th District, Secretary.

The following resolution, favorably reported by the committee, was read the third time, and put upon its passage:

SR 4. By Senator Waters of the 41st:
A RESOLUTION
Proposing an amendment to the Constitution, so as to provide for the number and terms of the members of the Senate of the State of Georgia; to provide an effective date; 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 III, Section II, Paragraph I of the Constitution is hereby amended by striking said paragraph in its entirety and insert ing in lieu thereof a new Paragraph I to read as follows:

THURSDAY, OCTOBER 4, 1962

39

"Paragraph I. The Senate shall be constituted as follows: Each United States Congressional District shall be divided into six (6) State Senatorial Districts as nearly equal in population as pos sible and one Senator shall be elected by the electors of each such District. Not later than 10 days after each General Election the Secretary of State shall notify the Senators elected in each United States Congressional District to convene at a central location within such Congressional District for the purpose of electing a Chairman and Secretary of the delegation of Senators from their respective Congressional District. Not later than the second day of each regu lar session of the General Assembly the Chairman of each delegation shall call a meeting of the members of his delegation for the purpose of re-districting within their Congressional District if there has been an appreciable change or shift in population in such District, or if there has been a merger of one or more counties in such District with one or more counties in another Congressional District. At such meetings the members shall order any changes that are warranted and such changes shall appear on the ballot at the next General Election. If the members of a delegation fail to redistrict when warranted, not later than the tenth day of each regular session of the General Assembly, the General Assembly as a whole shall redistrict such United States Congressional District not later than the fifteenth day of such session and Senators shall be elected from such Congressional District at the next General Election according to such changes made by the General Assembly."
Section 2. Article III, Section IV, Paragraph I of the Constitution is hereby amended by striking said Paragraph in its entirety and insert ing in lieu thereof a new Paragraph I to read as follows:
"Paragraph I. Terms of members. The members of the House of Representatives shall be elected for two years and shall serve until the time fixed by law for the convening of the General Assem bly in the year following the second year of such members' terms of office. The members of the Senate shall be elected for four years and shall serve until the time fixed by law for the convening of the General Assembly in the year following the fourth year of such members' terms of office. The Senate and the House of Represen tatives shall organize each two years in the odd numbered years and shall be deemed to be a different General Assembly for each such two year period."
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, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
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 number and terms of the members of the General Assembly of Georgia and to provide an effective date.

40

JOURNAL OF THE SENATE,

"Against ratification of amendment to the Constitution so as to provide for the number and terms of the members of the General Assembly of Georgia and to provide an effective date."

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 Committee on Rules offered the following substitute to SR 4:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the composition of the State Senate, the manner of election of State Senators, the ratification of the apportionment of the Senate and the election of Senators; 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 III, Section II, Paragraph I of the Constitution is hereby amended by striking said Paragraph in its entirety and insert ing in lieu thereof the following:
"Paragraph 1. (a) Number and Apportionment of Senators-- The Senate shall consist of fifty-four (54) members. The General Assembly shall have authority to create, rearrange and change Sen atorial Districts and to provide for the election of senators from each Senatorial District, or from several districts embraced within one county, in such manner as the General Assembly may deem ad visable,
"(b) Interim Ratification--An Act providing for the reapportionment of the State Senate, enacted by the General Assembly at the extraordinary Session which convened on September 27, 1962, which Act made special provision for the election of Senators for the 1963-64 term and all elections held thereunder, are hereby rati fied."
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 en tered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in

THURSDAY, OCTOBER 4, 1962

41

Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
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 composition of the State Senate, the manner of elec tion of State Senators, the ratification of the apportionment of the Senate and the election of Senators.
"Against ratification of amendment to the Constitution so as to provide for the composition of the State Senate, the manner of elec tion of State Senators, the ratification of the apportionment of the Senate and the election of Senators."
All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons desir ing 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 substitute was adopted.

The report of the committee, which was favorable to the adoption of the reso lution 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 Braly Clanton Conger DeLoach Dews Fitzpatrick Gardner Grayson Green Griner Harden

Harrington Ingram Jackson Johnson Jones Kelly Lambert Mathews Miller McKenzie of 12th McWhorter of 50th Newton Overby

Owens Perry Persons Peterson Ponsell Raynor Sanders Seagraves Smalley Warnell Waters Whisnant White

42

JOURNAL OF THE SENATE,

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 two-thirds major ity, was adopted by substitute.

Senator Sanders of the 18th asked unanimous consent that SR 4 be immedi ately transmitted to the House.

The consent was granted.

The following message was received from the House through Mr. Ellard, 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 1. By Senators Sanders of the 18th and Smalley of the 26th, and others:
A bill to provide for the reapportionment of the State Senate; and for other purposes.

Senator Waters of the 41st, Chairman of the Committee on Senate Adminis trative 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 of Representatives:
SR 4. Respectfully submitted,
Waters of 41st District,
Chairman.

Senator Overby of the 33rd moved that the Senate do now adjourn until 12:00 o'clock noon tomorrow, and the motion prevailed.

The president announced the Senate adjourned until 12:00 o'clock noon to morrow.

FRIDAY, OCTOBER 5, 1962

43

Senate Chamber, Atlanta, Georgia, Friday, October 5, 1962.

The Senate met pursuant to adjournment at 12:00 o'clock noon today, and was called to order by the president.

Scripture reading and prayer was offered by Reverend Guy K. Hutcherson, pastor, First Methodist Church, Moultrie, Georgia.

By unanimous consent, the call of the roll was dispensed with.
Senator Waters of the 41st 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. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and consideration of general bills and resolutions.

The consent was granted.
The following bill was taken up for the purpose of considering House amend ments thereto:
SB 1. By Senators Sanders of the 18th, Smalley of the 26th, Towson of the 16th, Jones of the 23rd, McWhorter of the 50th, Gardner of the 47th, Blalock of the 36th, Dews of the 9th, Jackson of the 24th, Mitchell of the 43rd, Overby of the 33rd, Dailey of the llth, Whisnant of the 25th, Raynor of the 4th, McWhorter of the 34th, Johnson of the 46th, Owens of the 32nd, Seagraves of the 30th, Ponsell of the 5th, Braly of the 38th, Griner of the 45th, Brown of the 52nd, Harrington of the 20th, Ingram of the 42nd, Grayson of the 1st, White of the 39th, DeLoach of the 6th,

44

JOURNAL OP THE SENATE,

Clanton of the 7th, Perry of the 49th, Waters of the 41st, Harden of the 27th, Green of the 44th, Ayers of the 31st and Newton of the 17th:
A bill to provide for the reapportionment of the State Senate; and for other purposes.

Senator Smalley of the 25th asked unanimous consent that when the Senate act on the House amendments, that all amendments be considered as one.

The consent was granted.
The House amendments were as follows:
Mr. Conner of Jeff Davis moves to amend SB 1 as follows:
By striking in its entirety sub-section 19 of section 9 and inserting in lieu thereof the following:
"(19) Bleckley, Dodge, Pulaski, Telfair, Dooly and Wilcox."
Messrs. Crawford, Dickey and Punk of Chatham move to amend SB 1 as follows:
By striking from section 9 in the description of Senatorial District No. 2 the following:
"then in a southwesterly direction along the centerline of the Wilmington River to its intersection with the projection of the cen terline of the corporate limits of the town of Thunderbolt; then in a westerly direction along the centerline of the corporate limits of the town of Thunderbolt back to its intersection with the centerline of the Wilmington River;"
and inserting in lieu thereof the following:
"then in a southwesterly direction along the centerline of the Wilmington River to its intersection with the projection of the northern line of the corporate limits of the town of Thunderbolt; then in a westerly direction along said northern line and in a south erly direction and in an easterly direction along the contour of the line representing the corporate limits of the town of Thunderbolt to a point where the southern line of the corporate limits of the town of Thunderbolt projected again intersects with the center line of Wilmington River;"
Messrs. Pickard, Wickham and Dicus of Muscogee move to amend SB 1 as follows:
By changing District 15 to District 16 and changing District 16 to District 15.

FRIDAY, OCTOBER 5, 1962

45

Mr. Underwood of Montgomery moves to amend SB 1 by renumber ing section 12 as section 13 and by inserting a new section 12 to read as follows:

"Section 12. Nothing herein shall be construed as an expres sion of intention by the General Assembly of Georgia to apportion both Houses thereof according to population, rather, the General Assembly hereby expressly declares its intention to be that the Senate of Georgia be apportioned on population and that the House be apportioned on geography."

Messrs. Matthews and Newton of Colquitt move to amend the Rules Committee Amendment to SB 1 as follows:

By striking from said amendment to section 9 of said bill the fol lowing:
"(4) By striking in its entirety Sub-Section 8 and inserting in lieu thereof the following:

'Sub-Section 8. Berrien, Brooks, Lowndes and Echols.' "

"(5) By striking in its entirety Sub-Section 9 and inserting in lieu thereof the following:

'Sub-Section 9. Tift, Colquitt and Cook.' "

Mr. Roberts of Jones moves to amend the House Rules Committee amendment to SB 1 as follows:

(1) By striking in its entirety paragraph (9) of said Rules Committee Amendment and inserting in lieu thereof the following:

"25. and Jones."

Hancock, Baldwin, Washington, Wilkinson

(2) By striking in its entirety paragraph (10) and inserting in lieu thereof the following:

"45. ton."

Putnam, Jasper, Morgan, Newton and Wal-

Mr. Conner of Jeff Davis moves to amend the House Rules Com mittee amendment to SB 1 as follows:

"Section 9 by striking in its entirety Sub-Section (6) and in serting in lieu thereof the following:

"Sub-Section (6) Jeff Davis, Appling, Bacon, Wayne, Pierce, Brantley, Charlton and Camden."

The Rules Committee moves to amend SB 1 as follows:
By striking from section 9 the composition and description of Sena torial Districts 26 and 27, and inserting in lieu thereof the following:

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JOURNAL OF THE SENATE,

"26. That portion of Bibb County, more particularly described as follows:
All that portion of Bibb County lying East and North of a line commencing on the South county line where U. S. Highway 41 crosses the county line and then going North along U. S. Highway 41 to the point where it intersects Pio Nono Avenue, continuing North along Pio Nono Avenue to the point where it is intersected by Newberg Avenue, East along Newberg Avenue to the point where it intersects Houston Avenue; thence Northeast along Houston Ave nue to the point where it intersects Broadway, Northeast along Broadway to the point where it intersects Riverside Drive; thence Northwest along Riverside Drive to the point where it intersects Forrest Avenue; thence Southwesterly along Forrest Avenue to the point where it intersects Vineville Avenue; thence Northwesterly along Vineville Avenue, which is also U. S. Highway 41, and con tinuing along U. S. Highway 41 to the Monroe County Line.
27. That portion of Bibb County, more particularly described as follows:
All that portion of Bibb County lying West and South of a line commencing on the South county line where U. S. Highway 41 crosses the county line and then going North along U. S. Highway 41 to the point where it intersects Pio Nono Avenue, continuing North along Pio Nono Avenue to the point where it is intersected by Newberg Avenue, East along Newberg Avenue to the point where it intersects Houston Avenue; thence northeast along Houston Ave nue to the point where it intersects Broadway, Northeast along Broadway to the point where it intersects Riverside Drive; thence Northwest along Riverside Drive to the point where it intersects Forrest Avenue; thence Southwesterly along Forrest Avenue; thence Southwesterly along Forrest Avenue to the point where it intersects Vineville Avenue; thence Northwesterly along Vineville Avenue, which is also U. S. Highway 41, and continuing along U. S. Highway 41 to the Monroe County Line."

The Rules Committee moves to amend SB 1 as follows:
SECTION 9
(1) By striking in its entirety Sub-Section 4 and inserting in lieu the following:
"Sub-Setcion 4. Screven, Effinhgam, Bulloch, Candler, Evans and Tattnall."
(2) By striking in its entirety Sub-Section 5 and inserting in lieu thereof the following:
"Sub-Section 5. Bryan, Liberty, Long, Mclntosh and Glynn."
(3) By striking in its entirety Sub-Section 20 and inserting in lieu thereof the following:
"Sub-Section 20. Johnson, Laurens, Treutlen, Wheeler, Mont gomery and Toombs."

FRIDAY, OCTOBER 5, 1962

47

(4) By striking in its entirety Sub-Section 21 and inserting in lieu thereof the following:
"Sub-Section 21. Emanuel, Jenkins, Burke and Jefferson."
(5) By striking in its entirety Sub-Section 24 and inserting in lieu thereof the following:
"Sub-Section 24. Wilkes, Lincoln, Columbia, McDuffie, Glascock, Warren, Taliaferro and Greene."
(6) By striking in its entirety Sub-Section 46 and inserting in lieu thereof the following:
"Sub-Section 46. Oconee, Clarke, Madison and Oglethorpe."
(7) By striking in its entirety Sub-Section 47 and inserting in lieu thereof the following:
"Sub-Section 47. Stephens, Franklin, Hart and Elbert."
(8) By striking in its entirety Sub-Section 48 and inserting in lieu thereof the following:
"Sub-Section 48. Banks, Jackson, Barrow and Gwinnett."

Senator Smalley of the 26th moved that the Senate agree to the House amend ments to SB 1.

On the motion to agree, the ayes were 43, nays 4, and the amendments were agreed to.

Senator Waters of the 41st, Chairman of the Committee on Senate Adminis trative 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.

Respectfully submitted,

Waters of 41st District,

Chairman. The following bills, favorably reported by the committee, were read the third time, and put upon their passage:

HB 2. By Messrs. Smith of Emanuel, Twitty of Mitchell and Underwood of Montgomery:
A bill to amend an act prescribing the procedure for the exercise of the power of eminent domain by the State of Georgia, so as to provide that

48

JOURNAL OF THE SENATE,

the Attorney General of Georgia or his duly authorized Assistant Attor neys General shall be the signers of declarations of taking; and for other purposes.

The Committee on Rules offered the following amendment:
Amend HB 2 by striking the figures, "45", from the fifth line of the last paragraph on page 3 of said bill and substituting in lieu thereof the figures, "30", so that said paragraph, as thus amended shall read as follows:
"If the condemnee shall desire to raise such questions as are heretofore outlined, the same shall be done by proper pleadings, in the form of a petition addressed to the Judge of the Superior Court having jurisdiction thereof filed in the same proceedings not later than 30 days subsequent to the date of service upon the condemnee of the declaration of taking, and the presiding Judge shall cause a rule nisi to be issued and served upon the condemnor, requiring it to show cause before him at a time and place designated by him why the title acquired by the said declaration of taking should not be vacated and set aside in the same way and manner as is now pro vided for setting aside deeds acquired by fraud. Such hearing shall be had not earlier than 15 days from the time of service of such rule nisi upon the condemnor, nor later than sixty (60) days from the date of filing of said declaration of taking; and, with the right of appeal by either party, as in other cases.";
By striking the figures, "45", from the fifth line of the paragraph beginning at the top of page 7 of said bill, and substituting in lieu there of the figures, "30", so that said paragraph, as amended, shall read as follows:
"If the condemnee shall desire to raise such questions as are heretofore outlined, the same shall be done by proper pleadings, in the form of a petition addressed to the Judge of the Superior Court having jurisdiction thereof, filed in the same proceedings not later than 30 days subsequent to the date of service upon the condemnee of the declaration of taking, and the presiding Judge shall cause a rule nisi to be issued and served upon the condemnor, requiring it to show cause before him at a time and place designated by him why the title acquired by the said declaration of taking should not be vacated and set aside in the same way and manner as is now pro vided for setting aside deeds acquired by fraud. Such hearing shall be had not earlier than 15 days from the time of service of such rule nisi upon the condemnor, nor later than 60 days from the date of filing of said declaration of taking; and, with the right of appeal by either party, as in other cases."
By adding the following paragraph after the last paragraph on page 3 of the bill and after the first paragraph on page 7 of the bill and before the second paragraph on page 7:
"The provisions of this amendment shall apply to pending pro ceedings previously brought under the provisions of this Act, and

FRIDAY, OCTOBER 5, 1962

49

the time limitations as heretofore provided for in the preceding paragraph shall run from the date of approval of this Act by the Governor."

By renumbering Section 3 of said bill as Section 4.

By inserting a new Section 3 to read as follows:

"Section 3. Said Act is further amended by striking from sub section 7 of Section 5 of said Act the word 'four' and inserting in lieu thereof the word 'two', so that when so amended said subsection shall read as follows:

'7. In all instances, and in addition to the service hereinbefore provided for, the condemnor shall, at the time of filing the petition and declaration of taking, cause a copy of such proceedings to be posted on the bulletin board at the courthouse; and, in addition thereto, such advertisement shall be published in the official news paper of the county in which such property is located, which notice shall describe the property taken, so as to identify the same, and shall give the name or names of the owners of such property or persons having an interest in or claims against such property, so far as the same may be known, and such notice shall be published in said newspaper once each week for two weeks subsequent to the filing of such petition and declaration."
By renumbering Section 4 as Section 5.
By renumbering Section 5 as Section 6.
By renumbering Section 6 as Section 7.

On the adoption of the amendment, the ayes were 36, 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 38, nays 0.

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

HB 3. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A bill to provide for grants to certain incorporated municipalities for the purposes of aiding in the construction and maintenance of streets and for aiding in defraying the costs of providing personnel and equip ment for the control of traffic; and for other purposes.

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JOURNAL OF THE SENATE,

The Committee on Rules offered the following amendment:

Amend HB 3 by inserting the words "or levied fees of any type" between the word "taxes" and the word "for" in Section 3 of said bill.

By inserting the words "or fees" between the word "taxes" and the word "were" wherever said words may appear in Section 4 of said bill.

On the adoption of the amendment, the ayes were 37, nays 0, and the amend ment was adopted.

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

The bill involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ayers Bell Blalock Braly Brown Clanton Conger Dailey DeLoach Dews Dykes Fitzpatrick Gardner Grayson Green

Harden Harrington Jackson Johnson Jones Kelly Lambert Long Mathews Miller Mitchell McKenzie of 12th McWhorter of 50th Newton Overby

Owens Perry Peterson Ponsell Raynor Sanders Seagraves Smalley Staples Towson Veazey Warnell Waters Whisnant

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

On the passage of the bill, the ayes were 44, nays 0.

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

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, OCTOBER 8, 1962

51

Senate Chamber, Atlanta, Georgia, Monday, October 8, 1962.

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 Reverend Guy Webb, who has recently completed his theological training at the Southern Baptist Theological Seminary in Louisville, Kentucky and is awaiting a call to serve as pastor to a Southern Baptist church.

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

Senator Waters of the 41st 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. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and consideration of general bills and resolutions.
The consent was granted.
The following resolutions were read and adopted:
SR 7. By Senators Whisnant of the 25th and Jones of the 23rd: A resolution urging the Georgia Congressional Delegation to support the proposed authorization for the Flint River Development Project; and for other purposes.

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JOURNAL OP THE SENATE,

SR 8. By Senator Overby of the 33rd: A resolution relative to mileage; and for other purposes.

SR 9. By Senator Overby of the 33rd:
A resolution relative to personnel and committees; and for other pur poses.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has agreed to the Senate amendments to the following bills of the House:

HB 2. By Messrs. Smith of Emanuel, Twitty of Mitchell, and Underwood of Montgomery:
A bill to amend an act prescribing the procedure for the exercise of the power of eminent domain by the State of Georgia, so as to provide that the Attorney General of Georgia or his duly authorized Assistant Attor neys General shall be the signers of declarations of taking; and for other purposes.

HB 3. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A bill to provide for grants to municipalities; to aid in the construction and maintenance of streets and for aiding in defraying the costs of pro viding personnel and equipment for the control of traffic; and for other purposes.

The House has adopted by the requisite constitutional majority the following Resolution of the Senate, to wit:

SR 4. By Senators Waters of the 41st and Smalley of the 26th:
A resolution proposing an amendment to the Constitution so as to pro vide for the composition of the State Senate, manner of election, and for other purposes.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted the following resolution of the House:

MONDAY, OCTOBER 8, 1962

53

HE 26. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A resolution relative to adjournment of the General Assembly; and for other purposes.

Senator Waters of the 41st, Chairman of the Committee on Senate Adminis trative 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:
SR 4. Respectfully submitted, Waters of 41st District, Chairman.

The following resolution was read and adopted:

HR 26. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A resolution relative to adjournment of the General Assembly; and for other purposes.

Pursuant to the provisions of HR 26, the president announced the Senate adjourned sine die at 12:45 o'clock p.m., on Monday, October 8, 1962.

Senate Journal 1962
Extraordinary Session
Part I--Alphabetical Index

OFFICERS
OF THE
STATE SENATE
1962
PRESIDENT GARLAND T. BYRD..___-,,__------_------__-..__..___- Lieutenant Governor
TAYLOR COUNTY
CARL E. SANDERS------------.---------President Pro Tern
RICHMOND COUNTY
GEORGE D. STEWART------------..-.--_.--------_----. Secretary
FULTON COUNTY
LAMONT SMITH_-__-__--__-_.-.__-__---__-_--Assistant Secretary
TATTNALL COUNTY
LOUISE JONES--..----------.------..--.------...Reading Clerk
DEKALB COUNTY
ANN DUNCAN--------__________.._-__..___.-----Calendar Clerk
FULTON COUNTY
REBECCA CAUSEY-_.._--------------.--------_----_. Journal Clerk
DOUGLAS COUNTY
KELLEY QUILLIAN-----_-..-------.--------------Messenger
BARROW COUNTY
HENRY CASTLEMAN----_. ------..___ __ Doorkeeper
FULTON COUNTY

INDEX

1135

PART I
EXTRAORDINARY SESSION
ALPHABETICAL INDEX
Barnett, Governor Boss; commend, SR 5----------------_------------------10, 30 Eminent Domain; Attorney General to be signer of declaration,
HB 2 ...... ___----------_..--------------------__----32, 35, 37, 38, 47, 52 Flint River Development Project; SR 7----------------------------------------------51 General Assembly; adjournment, HR 26---------__--__--------_._--_----_53 Grants to Municipalities; for streets and control of traffic,
HB 3 -------------- ----.--.._.----_.....----___.____33, 35, 37, 38, 49, 52 Mileage for Senators, SR 8--___--__...----_...__._____...__--------_-52 Notify Governor House and Senate have convened, HR 2----_..--------------7, 8 Notify House that Senate has convened, SR l.__._______------------------7, 31 Notify Senate that House has convened, HR I.----------------_..._.._._.__..._..7 Senate Attaches; appointment and compensation, SR 3----_.__,--_-____------.7 Senate Journal of 1962; correct, relative to SB 168, SR 6----------------------.33 Senate Personnel and Committees, SR 9----------------____________-- 52 Senate; provide for number of members and terms, SR 4----10, 16, 38, 42, 52, 53 Senate; provide for reapportionment, relating to Senatorial Districts,
SB 1 ._.--------_--------,._.--.._.........._.-.-....--. -- .----8, 11, 16, 31, 42, 43, 47 Senate Rules; adopt, SR 2--.-- . .------..___...--..------.-- ..----.--...--_........_--------__..._--7 State Toll Bridge Building Authority Act; change composition of
membership, HB I...--_...--...--.--.------._----_--...----..-... .....15, 16, 31, 35, 36
EXTRAORDINARY SESSION
SB 1--State Senate; provide for reapportionment relative to Senatorial Districts------....-------------------- 8, 11, 16, 31, 42, 43, 47
SR 1--Notify House that Senate has convened.------_._-.------------___----7, 31 SR 2--Senate Rules; adopt---------------------_.__------_...____.___.----7 SR 3--Senate Attaches; appointment and compensation----_...__----._----__.7 SR 4--Senate; provide for number of members and terms 10, 16, 38, 42, 52, 53 SR 5--Barnett, Governor Ross; commend--------.------------------------.10, 30 SR 6--Senate Journal of 1962; correct, relative to SB 168--------------------.33 SR 7--Flint River Development Project------------------_--.----..._--------51 SR 8--Mileage for Senators.----------------------_-_...,,.----_--------------52 SR 9--Senate Personnel and Committees .------------------,,--....-- .._------....--52 HB 1--State Toll Bridge Authority Act; change composition of
membership.----.._.--.--.--------------__--------__---_..__15,16, 31, 35, 36 HB 2--Eminent Domain; Attorney General to be signer of
declaration...----------...------__--_--___--____----.32, 35, 37, 38, 47, 52 HB 3--Grants to Municipalities; for streets and control
of traffic----------..------_--------.._..____----33, 35, 37, 38, 49, 52 HR 1--Notify Senate that House has convened--------..-_.__._----__--_------7 HR 2--Notify Governor that House and Senate have convened----.----------7, 8 HR 26--General Assembly; adjournment-...------_------___.--------__----_------53