JOURNAL
OF THE
House of Representatives
OF THE
STATE OF GEORGIA
AT THE
EXTRAORDINARY SESSION
OF THE
General Assembly
At Atlanta, Wednesday, February 24, 1926
1926 THE BYRD PIUXTIXG CO~Il'.\XY
ATL\XTA, CA.

jOURNAL

REPRESENTATIVE HALL, ATLANTA, GA.
WEDNESDAY, FEBRUARY 24, 1926

Pursuant to the call of the Governor, the House met in extraordinary session this day at 10:00 o'clock, A. M., was called to order by the Speaker, and opened with prayer by the Chaplain.
The roll was called and the following members answered to their names:

Adams Alexander Anderson Andrews Baker Bandy Barnard Barnett Barrett Beck Blease Bloodworth Boswell Bower Brannen Brown Brunson Burch Burgin Camp of Clayton Camp of Cobb Camp of Coweta Chappell

Childs Clark Collins Cooper Culpepper Daniel Davidson Davis of Floyd Davis of Thomas Dekle Denmark Dorris of Douglas Dorsey Doyal DuBose Duncan Dykes
En~P:land
Evans Ficklen Fletcher Folks Gillen

Grant Greer Grice Griffeth Griffin of Decatur Griffin of Twiggs Griffin of Wilkes Griner Grovenstein Guillebeau Gtllatt Hall Hamby Hamilton Hancock Harris Hatcher Haywood Head Henderson of Carroll Hillhouse Hines Hooper

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JouRNAL oF THE HousE,

Hopkins Howard of Chatta-
hoochee Howard of Long Hulme Humphrey Hyman Jackson James Johnson of Appling Johnson of Bacon Johnson of Camden Jones of Cook Jones of Meriwether Kelley Kempton Kent Ketcham King Lanier Lawton Layton Lee of Clinch Lee of Screven Lewis of Colquitt Lewis of Gordon Lewis of Hancock Lindsay Logan Loyd Lumpkin Lyons McCluney McClure McCrory McElmnrmy McEivey McKoy McWhorter Maddox Mallard Malone

Mann Martin Matthews Miller Milner Milton Montgomery Murrah Napier New Newton Norman Oliver Owen Palmour Parker Parrish Paschal Pate Peacock Peek Perkins Peterson of Mont-
gomery Peterson of Tift Phillips Pilcher Pickering Quarterman Rampley Rawls Rice Ricketson Riley Hivers Hoberts Rosser Hountree Russell Short Smith of Grady

Smith of Madison Smith of Meriwether Smith of Talbot Spence Stanford. Stanley Stark Steed Stone of Union Stone of Walton Stovall Strickland of Brantley Strickland of Pierce Swint Talmadge Taylor Thomas Tippins Trippe Tucker Turner Tyson Vaughn 'Varren "\\'eaver Webb Weekes West Westbrook Wheeler Whelchel Whitchard White Wilhoit Wilkin Williams of Walton Wilson Winship Wood of Fulton Zellars Mr. Speaker

WEDNESDAY, FEBRUARY 24, 1926.

5

Mr. Speaker:
The Senate has adopted the following resolution of the Senate, to-wit:
By Mr. Boykin of the_ __
Senate Resolution No. 2. A Resolution providing for the appointment of a committee of two from the Senate and three from the House to wait upon His Excellency, the the Governor, and to notify him that the General Assembly has convened in extraordinary session and is now ready for the transaction of business.

The President of the Senate has appointed as said committee on the part of the Senate:
The Senator from the 1st, MR. MoRGAN. The Senator from the 43rd, MR. SAPP.

The following resolution of the House was read and adopted:

By Mr. Culpepper of Fayette-
House Resolution No. 1. A Resolution that the Clerk of the House be instructed to inform the Senate that the House of Representatives has convened in extraordinary session and is now ready for the transaction of business.

The following resolution of the Senate was read and adopted:

By Mr. Hendrix of the. 35th-
Senate Resolution No. 2. A Resolution that committee of two from the Senate and three from the House, be appointed by the President of the Senate and the Speaker of the House, respectively, and instructed to wait upon His Excellency, the Governor, and notify him that the General

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Assembly has convened in extraordinary session and is now ready for the transaction of business.
The Speaker appointed the following members of the House as the Committee on the part of the House to notify the Governor that the General Assembly has convened and is ready for the transaction of business:
Messrs. McCrory of Schley, Culpepper of Fayette, Dubose of Clark.

The following message was received from the Governor:

To The House of Representatives:

I beg to advise that since your last session the election of the following new members to your body has been certified to the Executive Department by the Secretary of State:
Andrew C. Erwin, Representative from Clarke County, to succeed A. T. Levie, resigned,
Hon. William Henderson, Representative from Irwin County, to succeed J. A. J. Henderson, deceased,
Hon. W. J. Flanders, Representative from Johnson County, to succeed D. C. Harrison, deceased,
Hon. H. F. Lawson, Representative from Pulaski County, to succeed W. V. Bell, resigned,
Hon. W. E. Rainey, Representative from Putnam County, to succeed H. R. DeJarnette, Jr., resigned,
Hon. A. L. Traylor, Representative from Richmond County, to succeed Julian E. Ross, resigned,
Hon. J. J. Flynt, Representative from Spalding County, to succeed Roy S. Wood, resigned,
Hon. B. R. Trotter, Representative from Taliaferro County, to succeed Alvin G. Golucke, deceased,

WEDNESDAY, FEBRUARY 24, 1926.

7

Hon. George W. Lankford, Representative from Toombs County, to succeed Ernest C. Wimberly, resigned.

Respectfully l'!ubmitted, This February 24, 1926.
CLIFFORD WALKER,
Governor.

Hon. Andrew C. Erwin of Clarke, Hon. William Henderson of Irwin, Hon. W. J. Flanders of Johnson, Hon. H. F. Lawson of Pulaski, Hon. W. E. Rainey of Putnam, Hon. A. L. Traylor of Richmond, Hon. J. J. Flynt of Spalding, Hon. B. R. Trotter of Taliaferro, and Hon. George W. Lankford of Toombs came forward to the bar of the House and took the oath of office, which oath was administered by Hon. Marcus W. Beck, Associate Justice of the Supreme Court of Georgia.

The following proclamation calling the General Assembly in extraordinary session was read :
Whereas, by constitutional provision and by statutory enactment the people of Georgia have assumed the obligation of the State to pay additional pensions to its honored heroes, the Confederate Veterans, and
Whereas, these obligations have not been paid, and
Whereas, on account of their age and physical condition immediate payment must be made if the Veterans are to enjoy these pensions, and
Whereas, the future development of the State requires a modern, scientific, unified educational system from the public schools to the University and a modern, dependable, twelve-months state system of paved highways, and
Whereas, the business world is now looking to the South

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and considering its unequaled natural advantages, presenting an opportunity for Georgia so promising that it would be an unspeakable calamity if the state should stand still for a term of three years while neighboring states are capitalizing present conditions, and
Whereas, such conditions create an emergency of sufficient importance under the terms of the Constitution as to demand an extraordinary session of the General Assembly.

Now, therefore, by virtue of the authority vested in me by Article V, Section 1, Paragraph 13, of the Constitution, I, Clifford Walker, Governor of Georgia, do hereby convoke the General Assembly of the State in extraordinary session, to meet in their respective halls at the Capitol in the city of Atlanta on the twenty-fourth (24th) day of February, 1926, at 10 o'clock A. M., for the following objects, all of which are considered by the Executive of sufficient importance to make the necessity for such extraordinary session, to-wit:
(I) To make provision for the payment of the obligations of the State to its Confederate Veterans.
(2) To submit to the people for their ratification or rejection an amendment to the Constitution of the State to authorize the issuance of State bonds for educational purposes:
To enact legislation to provide for:
(a) a change in the school fiscal year to run from June 30th to June 30th
(b) a fund to equalize and standardize the length of term and the salaries of teachers in the public schools of the State to be known as the public school equalization fund
(c) a supervisor of construction of school buildings to

WEDNESDAY, FEBRUARY 24, 1926.

9

standardize the utility, the economy, the safety and the sanitation of public school buildings
(d) authorizing any independent school system to vote on the abolition of such independent system and the merging with its county system of schools
(e) local legislation, either county or municipal, providing for construction and equipment of schools, colleges and highways.
(3) To submit to the people for their ratification or rejection a Constitutional Amendment: giving the State Highway Board legal authority to construct and maintain a modern, dependable, twelve-months state system of paved highways and authorizing the issuance of state highway bonds upon the following terms: to-wit:
(a) bonds to be issued and sold only as and when needed for immediate construction projects, by a state bond commission to be E>elected from upstanding, experienced and successful business men free from political alignments and to serve without compensation
(b) the plans and specifications of said construction projects to be prepared by the State Highway Board and approved by the State Bond Commission
(c) the proceeds of the sale of said bonds to be used by the State Highway Board in the construction of said state system of highways on projects so approved as rapidly as consistent with economy and good business judgment
(d) in the sale of said bonds and the approval of construction projects the Bond Commission shall give due consideration to the bond market, the market for materials, labor and other economic conditions and in their discretion may withhold the sale if such conditions should be unfavorable
(e) the aggregate of bonds so issued shall never exceed the amount both principal and interest which can be re-

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tired by the current income from gasoline and fuel oil tax and motor license taxes

(f) the one-cent gasoline tax now allocated to thE." counties to be continued

(g) an equitable provision to be made for refunding the portions of county bond funds actually expended in good faith on the state highway system.

Given under my hand and the Great Seal of the State at the City of Atlanta, this the thirteenth day of February in the year of our Lord Nineteen Hundred and TwentySix.

CLIFFORD wALKER,

By the Governor:

Governor.

S. G. McLENDON Secretary of State

Mr. Speaker:

The Senate has read and adopted the following resolution of the Senate, to-wit:
By Mr. Sapp of 43rd-
Senate Resolution No. 3. Providing for a joint oession of the General Assembly this day, February 24th, at 11 o'clock, for the purpose of receiving a communication from his Excellency, the Governor.

The following resolution of the Senate was rea<l and adopted:
By Mr. Sapp of the 43rd-
Senate Resolution No. 3. A Resolution providing for a joint session of the General Assembly to hear an address delivered by His Excellency, the Governor, and providing

WEDNESDAY, FEBRUARY 24, 1926.

11

for a committee of the House and Senate to escort the Governor to the Speaker's stand.

The Speaker appointed the following members of the House as committee on the part of the House to escort the Governor to the Speaker's stand:
Messrs. Langford of Toombs, Stone of Union, Erwin of Clarke.

The hour of 11:00 o'clock A. M. having arrived, the Senate appeared upon the floor of the House, and the Joint session, called for the purpose of hearing the address of His Excellency, the Governor, Hon. Clifford Walker, was called to order by the President of the Senate.

By order of the President, the resolution calling for the joint session of the General Assembly was read by the Secretary of the Senate.

His Excellency, the Governor, accompanied by the joint committee of Senate and House, appeared upon the floor of the House and was escorted to the Speaker's stand.

His Excellency, the Governor, Clifford Walker, delivered the following address:

Ladies and Gentlemen of the General Assembly:
Business men of America are a unit in the thought that the next great current of population and commercial development will be toward the South. As a matter of fact that current has already set in with tremendous force presenting an opportunity to the South unequalled in all its history. While many speculative and some otherwise undesirable people have followed in its wake, many thousands of good citizens, realizing our unequalled natural resources and seeking our favorable climate, are coming

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South to make their homes. Other states are capitalizing this psychological situation and I have been unable to escape the conviction that without delay Georgia should adopt a forward-looking constructive program which will attract the favorable attention of these investors and homeseekers, and, at the same time, give to our own home people the advantages and comforts of modern life. Therefore, I have called this extraordinary session of the General Assembly and now submit to your consideration, in terms provided by the Constitution, the matters which I believe to be of vital importance in the future of our State.

1. Payment of pensions to the Confederate Veterans Fortunately upon the first item of the legislative program I have found no material difference of opinion. Both by Constitutional provision and by statutory enactment the people of the State have voluntarily assumed additional obligations to the Confederate heroes. If they are to enjoy these pensions, provision for payment must be made without a moment's delay. I have taken the liberty of suggesting for your consideration a bill providing for discounting the income from the State's railroad, the same to be refunded from future proceeds of the Cigar and Cigarette tax. The discounting of future income is not sound financing and should be resorted to only in extreme emergencies. Certainly if there ever was an emergency, one is presented here. The issuance of bonds or other processes of ordinary legislation would involve a delay of from two to three years when those most in need would not be in life. So far no better plan has been suggested. If in your deliberation a better plan is presented, I will be very happy to approve it.

2. A modern twelve-months, dependable State Highway System. As I made plain to you in the regular session, for many years Georgia has endured and suffered from an intolerable favoritism, a system of aristocracy in taxation, a system under which one-half of the people owning onehalf of the property enjoy all the blessings of government

WEDNESDAY, FEBRUARY 24, 1926

13

and escape taxation while the other half of the people who own the other half of the property pay all the expenses of government. I also assert that Georgia has at the same time endured and suffered from a like system of favoritism and aristocracy in education under which one-half of the boys and girls of the State enjoy practically every educational opportunity while the other half are given practically no educational opportunity.
The present plan of road building is strikingly similar in sectional favoritism, aristocratic by inequality in location and by injustice in the distribution of its benefits. Under the present plan of road building, exactly as in the case of our schools, the favored few have secured their paved roads, a favored few more will secure their paved roads within a reasonable time while the unfavored majority of counties, those counties not on the main highways, those not blessed with unlimited resources and high taxable values for county bond issues must be content with indefinite delay, with no well-defined, dependable, businesslike system on which they can base a hope at any fixed time in the future. In the meantime the entire State is paying the price of good roads while receiving the worst possible advertisement through the present patch-work system or lack of system. We have had an aristocracy in education; let us have no aristocracy in highways.
I approach this discussion with no desire to criticise the Highway Department. In the actual construction of roads it is probable that members of the Board could now profit by their past experiences. It is also true that bricks cannot be made of straw. We have not provided sufficient funds for paved highways. Our roads are greatly improved as compared with those of fifteen years ago. But we still have no dependable system to which we can look with confidence for state-wide, fairly distributed paved highways within a reasonable time.
Such a system we must have if we secure the nine-months,

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high-grade consolidated schools, and such a system we must have if we capitalize the current of development in the South. It is this that the people of the State are demanding and for this I appeal at the hands of this session. So strong is this demand in every section of the State that whenever given an opportunity the people have voted to bond themselves so overwhelmingly as to be practically unanimous. We are agreed that we must have paved roads on our main-traveled highways. How are we to secure them?
Unfortunately there are two schools of thought; the one urging the continuation of the present pay-as-you-go plan of construction; the other urging the issuance of bonds to be retired by the present income from gasoline and tag taxes with no addition to ad valorem taxes. The issue is thus sharply drawn:
Assuming that we all favor paved roads at the earliest possible moment consistent with economy, what plan of financing will procure that end most satisfa,ctorily? As I have given serious thought to the subject every passing hour has strengthened the conviction that the bond issue is the only feasible plan.
It is claimed that we can complete the paved system as rapidly with the present income of the State allocated to construction work as we could with bonds and yet simple calculation will demonstrate that an income sufficient to pave the State system in twenty years will amortize or retire an issue of bonds (both interest and principal)sufficient to pave the State system in five years and not add a dollar of ad valorem taxes.
But we are told that we can not spend more than ten to twelve millions a year economically. Yet in a signed statement Governor McLean tells you that the State of North Carolina, much smaller in area, with far less population, than Georgia, is spending 28 millions a year with no complaint of lack of economy. I_t is likewise claimed

WEDNESDAY, FEBRUARY 24, 1926

15

that such construction would interfere with labor conditions and yet we have no complaint of labor conditions in North Carolina.
The State of Illinois paved every primary road and of greater width than Georgia's standard in 7 years. The construction road record shows: 1923, 1085 miles; 1924, 1230 miles; 1925, 906 miles, a total of 3221 miles in 3 years.
Again the pay-as-you-go plan contemplates that the cost ofroads shall be paid as follows: 50% by Federal aid, 25% by State aid and 25% by the counties. I am advised that in the recent pagt 21 counties have voted a total of $7,580,000 for road purposes on the above plan. I am further advised that hundreds of thousands of dollars are now in the treasuries of other counties previously voted on the same plan to be matched by Federal and State aid. These favored counties will exhaust the Federal aid of two millions annually for eight to ten years! What will become of paving for the other 140 counties?
With these favored counties under this aristocratic system of favorites exhausting the State aid funds for years to come what will the other hundred or more unfavored counties do for State aid?
Will the counties which have already provided the money by voting bonds be satisfied to wait four or five or six or seven years for Federal or State aid necessary to build the roads which they are expecting in the next year or two? If so, will the other counties which are paying gasoline and tag taxes every day be willing to wait twelve, fifteen, seventeen or nineteen years for their paved roads? What assurance has your particular county under the present system that you will get paved roads in four, fourteen or nineteen years?
If your county is unable to bond itself to meet State and Federal aid, every time you drive in a filling station you pay to pave some county which is able to bond itself. Can any one seriously defend any such aristocracy as that?
If you are one of the favored few, if you are on a main

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highway and have the assurance that you are to get pavements this year or next, do you want to live in a land, do you want to be a party to a system, under which your neighbor county must wait fourteen years to get its pavement?
I can interpret this falling all over themselves of these 21 favored counties to bond themselves and voluntarily subjecting their people to ad valorem taxes, counties who need their own money to pave their 93 per cent of other roads and to build consolidated schools and high schools,! can see in it only a race to qualify for the 75 per cent State aid and Federal aid before other counties recognize the good pickings and exhaust these funds, leaving out in the cold the poor counties which cannot match. Any such system is nauseatingly aristocratic, unspeakably discreditable to those who, after proper reflection upon the effect of their position, are willing to take the first monies thus allocated and then fight the issuance of bonds necessary to equalize the benefit with their less fortunate neighbors.
In God's name, men and women of Georgia, hasn't the time come when we should cultivate a state consciousness, develop a state-wide vision? For once let's set the pace by cutting out selfish sectionalism and petty provincialism and rise to heights of State pride worthy of this imperial State!
Up to October 15th last, under the pay-as-you-go plan, only 332 miles had been paved in the entire State. While our laws provide that the roads shall be paved from county site to county site, to date only five county sites are connected and of these only three have been connected by the State Department alone. This is not said to discredit the Highway Department but to demonstrate the unreasonable time when a State system can be completed under the present system. Up to this date not one continuous connected road has been paved. Only one such highway is promised for the next year, perhaps the most important, the Macon-Atlanta highway and yet we are informed that

WEDNESDAY, FEBRUARY 24, 1926.

17

even this highway could not be built until Bibb county had financed Monroe county's portion of the cost! What is to become of the large number of helpless counties which have no Bibb county to act as their Good Samaritan?
I do not even_ intimate that there will be corruption in the allocation of funds or the adoption of an order of construction as between the counties of the State under the present plan. I do not charge that there will be undue favoritism, the favoring of friends or sectional interests. But I do say that any system or lack of system under which one county is to secure paved highways this year while another and an adjoining county must wait from twelve to twenty years is wrong in principle. It is a rule in all branches of government that each county shall participate proportionately in the blessings of government. Yet every month funds are now being drawn from the State Treasury for the benefit of a few favored counties, while the others who pay their equal share of taxes receive no benefits. The system is unjust, it is unfair and it should be so amended as to provide equal benefits to all counties. I realize that even under the bond plan a road must be built in some counties before others but that which the people of the State demand is a carefully worked out dependable State plan of connected paved roads which will give to each county in the State a guaranty on which it can rely of its full share of highway construction within a reasonable length of time. The smaller state of North Carolina built 1,544 miles of road last year. The smaller state of Illinois built 3221 miles in 3 years. Georgia can do the same and more and complete her system in five years.
There are many other considerations leading to the adoption of the bond plan. Time will not permit even the cataloguing of all these. Highway engineers tell us that sand-clay roads wear out at the rate of one to two inches a year. If the pay-as-you-go plan takes 20 years to complete-and eminent engineers advise me it will take twentyfive years-two-thirds of the sand-clay roads will be worn

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out before they are reached for paving and millions of dollars of the counties' monies will be wasted. Authorities tell us that the saving in the cost of the maintenance of a paved highway over the cost of the maintenance of an unpaved road will pay the interest on bonds necessary for paving. When you add to this saving the saving on wearand-tear of vehicles, gasoline, oil and repairs, time and human nerve, hundreds of millions will be lost while waiting for the paving under the pay-as-you-go plan. The State bonds have always been floated at a much lower rate of interest than county bonds and other millions will be saved to the people in interest charges.
Objection is made that the provision to refund to counties which have bonded themselves in the past will largely increase the amount of bonds. Only such sums as have been expended in good faith on State aid roads under the supervision of the State Highway Board will be refunded and these sums under terms which the Legislature is to define as equitable and fair and this only after the entire State system is completed. These amounts can be refunded exactly as the original paving funds are provided by amortizing the gasoline and tag tax income after the State system is completed. As a matter of fact few counties can complain for with only five or six exceptions every county will share in these refunds. The big city counties will participate only as to their two State aid roads and some of these counties received no State aid. The actual amounts will be much less than indicated. To any objection which may continue to exist I would say that both by provisions of the law and by moral obligations to refund these monies the people of these counties have been induced to bond themselves and construct these roads to be enjoyed by all the counties of the State. Personally I had rather continue in the mud, let Georgia become backward -even the laughing stock of the nation in its lack of progress, if this be necessary to maintain the honor of the State. As a matter of fact there will be no great loss, if

WEDNESDAY, FEBRUARY 24, 1926

19

any at all, in refunding these monies. It will but place all the counties on an equality. Much of the monies will be immediately expended in more and better paving and schools. Some apprehension is felt that the big city counties will receive an undue portion of these refunds. There are only five or six of these counties. Most of these have regularly used their gasoline income in building roads for their less fortunate neighboring counties. All of them have expended millions in paving not the two State aid roads alone but all of their highways. The people of every other county enjoy these paved roads every day in the year. Moreover, these big counties bear a very large proportion of the tax monies which go into the State Treasury from every source. For these and other reasons I feel that this apprehension is not well founded.
The "pay-as-you-go" plan is predicated upon the indefinite continuation of Federal aid. It is known that the President is opposed to the further continuance of this fund and there is no assurance that it will not be discontinued. Notice has been given to Georgia that it will be discontinued if a Slate system of connected highways is not projected.
In a recent public address State Highway Engineer Neel earnestly advocated the issuance of State bonds to complete the connected State system and said: "It is not fair to other counties to use State funds to build roads in only those counties that are able to issue bonds to match State and Federal funds. The State should build its own system and the money the counties are now using to aid construction of State roads should be used to build the 93 per cent of the highways which are known as 'feeders.' " He estimated that fully 60 counties lack sufficient funds to match State and Federal funds for highways and stated that those who oppose issuance of State bonds should remember that the bond system is being used now by the counties to furnish money for the system and at higher interest rates than the State would have to pay. He asserted that if the pres-

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ent plan-the "pay-as-you-go" plan-is followed it will take 20 years to build a connected paved road system.
Mr. Thos. H. MacDonald, Chief of Bureau of Public Roads at Washington, the highest authority on the subject under consideration, after extended study of the experience of all states, makes a statement of conclusions indicating the necessity for drastic changes in legislative and administrative highway policies. Among these conclusions I quote:
4. There is a direct relation between bonds and progress in the construction of durable roads evidenced by the fact that only those which have issued bonds have made any considerable progress in the mileage of durable pavements built. At the end of 1924 of the surfaced highways reported 66% were of low type, 24% medium and only 10% of more durable form of pavement.
5. The pay-as-you-go policy is having two principa effects. First, they tend to an increase of inadequate types of surfacing and second they force upon the counties bond issues. In 24 states which have no state bond issues upwards of one-half billion of county bonds have been issued in five years.
7. The financing of the State Highway program through contribution from the counties is wrong in principle and will cost the public more in the end.
10. The State Highway Department should be financed without recourse to county contributions and a greater percentage of highway funds should be expended in more durable construction.
Mr. McDonald's views are perfectly reflected by a road map of Georgia which demonstrates absolutely that the contribution-from-counties system does not provide a connected system which Georgia laws require. Up to 1925 no two county sites were connected.

WEDNESDAY, FEBRUARY 24, 1926.

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Illinois is considered the standard for State &ystem of paved highways. That State completed 3,221 miles of primary paving in three years. Mr. Frank I. Sheets, Chief Highway Engineer, in a letter dated February 10, 1925, says: "Rapidity of construction makes possible cheaper price per mile than if only a small program were built each year."
Surely no more reliable authority can be found on the qllestions at issue.
And now, finally, what is the General Assembly to do with this vital matter? what is the logical, commonsense, statesmanlike position to take? What is involved in this question? What is the record? In the past few months the people of 21 counties have been given a chance to express themselves on the question of voting bonds to build roads, of bonding themselves, involving ad valorem taxes. With a single exception they voted bonds so overwhelmingly as to be practically unanimous. The distinguished representative of the one exceptional county advises me that his people were not opposed to bonds but decided to await the State bond issue. So we can say that the people are overwhelmingly for road bonds. Again, I have made public addresses to citizens representative of the towns and the country in 25 counties. In 20 of these a poll was taken and the program I have submitted to you was approved by rising votes, practically unanimous-in a majority of instances not a man failing to endorse it. I haven't the slightest doubt that when it is explained that no taxes ad valorem is involved in this State issue of bonds, that they are to be retired from gasoline and tag taxes only, an overwhelming majority of the people of the State will be recorded in its favor. Then why should not the General Assembly allow the sovereign people of this State to vote on this state-wide question? You would by this act vindicate the democratic majority rule which is the foundation of our government. The ballot would be taken at the regular November election and would involve prac-

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tically no expense. You are not asked to saddle a new system upon the people. You are asked simply to let the
people speak for themselves declaring by their own voice whether they wish to adopt a new system. This is the only way under our law that the people can be given an opportunity to speak. Having in mass meetings in 20 counties
and in elections in 21 counties spoken so ominously and so unanimously approved the principle of bonds for roads. how can a refusal to submit the matter to the people be
justified, living as we do under a government based upon the majority rule? If back home you should feel constrained to oppose bonds you can with perfect consistency vote here to submit the issue to a vote of the majority of the people. I am not asking you to vote for bonds here and against bonds back home as a critic of mine by an unfair deduction has charged. I am asking you here as a representative of the people to vote simply and solely to submit the matter to a majority vote of the sovereign people of this State under the democratic rule leaving you perfectly free as a citizen to vote your own convictions back home. If this matter involved a moral issue or if a vicious proposition were suggested the situation would be different. The plan can not justly be termed vicious in principle when good people in every county where they have been given an opportunity to express themselves have practically unanimously approved the principle. The plan is almost identical with that now in force in North Carolina working such unprecedented wonders in that great State and therefore it could not be vicious, and if not vicious why not let the people settle it? Year by year more and more people advocate bonds. More and more they see governmental units and commercial enterprises use their credit for great constructive programs by voting bonds. As a matter of fact this question aries every year and it will continue to arise. No question is ever settled until it is settled right and a vote expressive of the majority will is the only way it ever can be settled. Why not settle it now, once for all?

.WEDNESDAY, FEBRUARY 24, 1926.

23

If bonds are not voted then we can proceed finally to establish and perfect the pay-as-you-go plan or some other plan.
Much confusion has arisen over this matter. Records, figures and deductions therefrom sharply conflicting in nature have been quoted. Unfortunately division of thought in some instances has followed the lines of past partisan and political alignments. The issues involved. are far too vital in importance to be determined by any such narrow measure. The patriotic representive of the people will not become a party thereto. Eight months will elapse before the people will be called upon to vote. They can thoroughly inform themselves in the meantime. They can hear arguments of representatives of both sides of the issue. They will be given full opportunity to clear up the maze of conflicting figures, to advise with those who are really informed and make their own deductions. Then why should you deprive them of this democratic right? In the meantime no harm can come to the advocates of the pay-as-you-go plan. That system is in effect and will continue unless and until the majority of the people ordain a new system. Then can the advocates of the present plan justly complain that you propose to leave the whole matter to the people themselves? To do so would be undemocratic in principle. If in fact roads can be graded and paved as efficiently and as rapidly under the pay-asyou-go plan as under the bond plan, the proponents of the pay-as-you-go plan will have the amplest opportunity to demonstrate the fact by November. If they can, I will gladly lead the fight to reject the constitutional amendment providing for bonds. There should be no bonds if the roads can be built as rapidly and as efficiently without bonds. But by the same token, by every principle of democracy, if it can be demonstrated that a more satisfactory system fair to every county, efficiently and economically constructed, can be provided within reasonable time limits, then the people should be given a chance to ratify the bonds. They cannot have that chance unless you by your vote

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here submit to them the constitutional amendment now under consideration.
3. A System of Universal Education. I have presented to you the present system of highway building, a system of favoritism, a system aristocratic in sectional advantage, by inequality of location and injustice in the distribution of its benefits. We now, finally proceed to a realization that we have also endured and suffered from a system of education peculiarly alike in favoritism, a system of aristocracy as to one-half of the territory and one-half of the people of the State.
You can best approach the proper consideration of this third proposition to establish a system of universal education by providing equal educational opportunities to every boy and girl in the State by a study of the historical background, the conditions existing through the years leading up to the present educational state in Georgia. For a hundred years our people submitted to a system almost solidly aristocratic. In the seventeen eighties provision was made for a State University. The only otherlegislative enactment-in the eighteen thirties, establishing a meager foundation for high schools-was repealed three years later. In those first hundred years the rich man employed a tutor or a governess who became a member of the family and taught the children of the home. No provision was made even for children of the tenants on the same farm. Later high schools were established but these were located in widely distributed centers. The favored few who happened to live in these centers had access to these schools. Only the other favored few, whose parents were able to send them to board in those distant schools, had a real chance of an education.
In 1877 the first step was taken to democratize the schools when under General Bobb Toombs the Constitution provided for teaching the elementary grades. It will be noted, however, that even this constructive and democratic constitutional provision left two grievous weaknesses in the State educational system:

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25

First, a great hiatus, a material gap, betwen the elementary grades and the Dni,ersity which was bridged only in the last ten to fifteen years by the present incomplete but highly creditable high school system, the development of which will mark the history of Georgia for the past decade. But unfortunately the second great weakness yet exists and Georgia is still handicapped by that remnant, far too potent, of the original aristocratic system. Today, with isolated exceptions, we are operating our State schools under a system which provides practically every educational opportunity to one-half of the boys and girls who live in the towns and cities while practically no educational opportunity is given to the other one-half of the boys and girls who live outside the towns and cities. I propose to you that this session correct this aristocratic, unfair, unjust and undemocratic system with the least possible delay by providing equal educational advantages for the children in the country.
From the mountains of North Georgia, from the most modest of homes, from the humblest surroundings, have come down our Bleckleys, our Browns, our Bells, our Millers, our Reeds, our Wellborns, and our Truitts.
From the middle section of the State, from the same modest, humble circumstances, have come out William Henry Crawford, our John C. Fremont, our Sidney Lanier, our John B. Gordon, our Joel Chandler Harris, our Cobbs and our Lamars.
From the sandy slopes and coastal plains to the south, from like humble surroundings, have come up our LeContes, our Troupes, our Berriens, our Brantleys, our Turners, our Estills, our Pendletons and our Mclntoshs.
With a record of such illustrious heroes of war and heroes of peace, coming from humble homes, from the body of the common people, what right has any man to place his impious hand upon the tousled head of any boy anywhere in

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Georgia, however humble hi~ circumstances, and say that that boy has not in him the making of a great man?
If education is the bringing out-the literal meaning of the word is "the dra\Ving out"-of the good which God Almighty saw fit to put into a boy, what right have we, what code of morals can justify us, to continue to submit one moment longer to a system of laws which gives to onehalf of the boys and girls who live in the towns and cities practically every educational opportunity to develop but which gives to the other one-half of the boys and girls who happen to live outside the municipalities practically no opportunity to develop the good which Almighty God saw fit to put into them?
Speak in terms as extravagant as you will of the untold physical wealth, the unlimited natural resources or the unequalled climatic advantages of Georgia, our greatest assets are still the brains and hearts of our Anglo-Saxon children, the man power of the future, one-half of which like our natural resources are undeveloped, going to waste!
If there be found one Georgian to whom these humanitarian sentiments, these spiritual values do not appeal, let me say to him that even the lowest, the meanest, the mercentary, the dollars and cents values should lead him to support this proposition of universal education.
Recently I had an opportunity which I long had sought, to drive with a friend through New England. I had wanted to know how those down-east Yankees live. I need not remind you that those people are not only intelligent but they are practical and successful in business, Do you know what was the most significant observation of that entire trip? It was that without exception, in every municipality, village, town, small city and large city, the best located, the best built, the best equipped and the best maintained buildings were the school buildings. An eminent industrial leader of New England is quoted by a reliable authority as saying that the manufacturers of the North recognize the tremendous natural advantages enjoyed by the South

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27

and realize that their only hope of competing successfully with the South in the future is to educate the coming generation a step ahead of the people of the South.
Still addressing ourselves to the man of mercenary motives, let us carry him up to the North and let him find the line separating Georgia from North Carolina. South of that line is a series of towns, Blue Ridge, Blairsville, Young Harris, Hiwassee and Clayton,-towns of good people-the best in the world-brave, patriotic, hopeful people-towns which will come but now small and with few civic improvements. Go to the North only a few miles and what do you find? Murphy, Franklin, Hendersonville, Asheville, cities more remote from centers of population and commerce, but thriving, prospering, glowing with electric lights, paving, sewers, every modern civic improvements, with farm lands selling five times as high as the same type of lands south of the State line. And how is the difference explained? With the Georgia side far better located, in one-day auto drive of the millions of wealthy pleasure seekers of Florida, with the same marvellous scenic beauty with the same unequalled mountain climate, with purest water, the most invigorating atmosphere, with every natural advantage-there can be but one answer-the difference is good schools and paved roads!
The representative of a large insurance company reports only one foreclosure out of loans of millions on farm lands in North Carolina in 1925.
Let our mercenary friend make a map of any county; call in the Solicitor General; have him place a painted pin at the site of the crime represented by each bill of indictment pending in that county and invariably those pins will clutter about that section of the county where the schools and the churches are least efficient. Go to the source of crime; drive out ignorance and superstitution and prejudice; train the youth to think straight, to respect the churches, the courts, the law; then you will reduce

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crime; you will reduce your court trials, you will reduce your expenses and you will reduce your taxes!
In this hour which should be freighted with the most serious solemnity for us all, I hear ringing down the centuries that age old question: "Where is thy brother?" To our forefathers, who pledged in blood an equal opportunity for all, this body of Georgians in legislative assembly today must answer as representatives of our people. Far too many sons of our State are in the coves of the mountains of North Georgia, hemmed in by mud-bound roads with little or no school advantages; far too many others are sluggishly existing on the slopes and plains below with undeveloped brains of unknown potentiality going to waste; some have recently mounted the gallows-sent into the beyond, ignorant specimens of humanity, unreached and untaught. Others are filling our jails, clogging our courts, straining the walls of our detention homes, and over-crowding our penitentiary system. From the executive branch of the State I appeal to the legislative body of my fellow Georgians and beg that you do not evade this momentom, question with the age-old shifting of responsibility: "Am I my brother's keeper?" Instead may you treat with scorn any attempt to further delay the match of educational progress in our great State.
We must provide this universal system of education, we must have high class schools in the country ab well as in the towns, if we save Georgia! While the development of our hydro-electric power promises the very brightest industrial future for Georgia, this State is still, and, in my judgment, will continue to be essentially and primarily an agricultural state. If developed to its destined place we must preserve its agricultural interests. If I would build up any town in Georgia I would first go out and build up the agricultural interests of the territory around that town. To be more specific I would first go to the County School Superintendent and ask for a map of the county. I would ask him to draw the lines of the districts already pro-

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29

vided with efficient schools; I would then ask him to locate on the map lines of districts where consolidated schools were needed and I would go out of that office and never rest till those consolidated schools were established, until every boy and every girl in that county were given access to one of those nine-months high grade schools.
Again I say if Georgia is to remain the "Empire State of the South" without a moment's delay we must set about reversing the current which started some years ago, that current of education of the boys and girls from the farm to the town and city. And how is this to be done? Let us examine present conditions of average farm life. What advantages are enjoyed by the farmer of today? He has at least a chance of a daily mail-if it does not rain and the mail-carrier is not stuck in the mud. He has a chance of a telephone, of the radio, of some kind of lighting system and some kind of water system. Now add to these the two modern conveniences, the two essentials to modern home-life for which I am appealing and you will permanently reverse that false current and begin to educate the children from the cities and the towns back to the farm.
And now we come to the moral and the spiritual valuesthe soul of the man-power of the future. With supreme reverence I assert that God established civilization upon the foundation of the home and when he founded that sacred shrine, the home, he ordained that a Christian mother and a godly father could raise their own children in the curtilage of their own home, by their own fireside better than in any boarding school or in any home of relative or friend in any town or city. I submit that it is the inalienable right, the right ordained of God, of every child to be raised in its own home, around the knees and under the inspiring hands and the sacred touch of its own mother about her own hearth-stone without penalizing that child by depriving it of a fair chance of an education. I assert with all the earnestness of my soul that any system of laws which robs any child of that natural right of living in its

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own home, deprives it of the enjoyment and the inspiration of the sacred sentiments and traditions of home life and sends that child out into the world of boarding life or imprisons that child for life in the shackles of ignorance, superstitution and prejudice, is an unjust, undemocratic, aristocratic and poisonous system which every patriotic citizen should join in correcting without another hour's delay.
Then give to farm life access to a school system, the equal of that of the towns, place every boy and every girl in reasonable walking distance of a consolidated school or a bus-line to that school; let them live at home and get an education, give them the modern, twelve months dependable highway system over which they can be carried safely and economically to those centralized schools, giving them reasonable access to and contact with _their friends more favorably located, contact with inspirational addresses, elevating lectures, uplifting musical concerts, informative moving pictures, recreational games and contests-in other words, give them a chance to live in a modern progressive atmosphere and enjoy the comforts, the conveniences and inspiring blessings of modern life-give them such a chance and you'll start the current from the city and the town back to the country and you'll save the country, you'll save the town, you'll save the city and you'll save the State!
Ladies and gentlemen of the General Assembly, I could
multiply the argument till sundown but to add another
word would insult your intelligence.
Many of you are Master Masons. In all the realms of literature, aye, in all the sphere of imagination, no more striking spectacle, no more impressive lesson can be found than that first lesson in that first degree of Masonry which teaches that all mankind comes into this world on a level plane. The spirit of Masonry demand an equal chance for every boy and every girl.
And call the roll of all other fraternal orders, Rotary,

WEDNESDAY, FEBRUARY 24, 1926.

31

Kiwanis; Civitan, Lions, Exchange and the rest-all with mottoes in different words but with the same substantial objective-the service of the underprivileged fellowman. The spirit of every such club and every other fraternal organization demands an equal chance for every boy and girl!
The law of our land was founded on the Constitution and that Constitution was founded on the Declaration of Independence. The first expression of that immortal charter of human liberty, declares that "all men are, and of right ought to be, free and equal." The spirit of the law demands an equal chance for every boy and girl!
The Church of God, to which most of us belong and for which I trust all of us have supreme respect, the religion of Jesus Christ, is founded on the golden rule. "That which ye would that others should do unto you, do ye likewise unto them." The spirit of Almighty God demands an equal chance for every boy and girl.
Any man blessed with unusual advantages who is unwilling to share those advantages with his underprivileged brother is unworthy even the name of man!
Along with this system of consolidated schools must go the other elements of equal importance in the well-rounded educational program. We would be wasting millions of money if we establish the system of centralized schools and do not provide for an adequate supply of competent, trained and consecrated teachers for thefle schools. This means that we must enlarge and better equip our Normal colleges. We must train our boys to develop the untold natural resources of the State and that means that we must enlarge and better equip our great School of Technology in Atlanta and the technical departments of other schools. We must build a great. university at Athens to train and develop leaders of thought and public sentiment to maintain a great State after we have builded it. We must foster the af,Ticultural interests, the foundation of our business system, by training our farm boys to combat and conquer

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the modern enemies of modern agricultural and that means that we must enlarge and better equip the State Agricultural College and the District Agricultural schools. We must train our girls in the cultural arts as well as in domestic science and home economics for true womanhood in modern life and this means that we must make ample provision for the girls' colleges. Thus we approach the scientific, unified, well-rounded educational system from the public schools to the university, and for such a unified system, with its preservation of American ideals, every loyal son of this Southern State should bend his highest efforts to-day, now! Shame upon the voice that cries "delay!"
The establishment of better schools and better roads will inevitably be followed by a demand for better health. The efficiency of the man-power of the State is reduced one-third by sickness, two-thirds of which is preventable; malaria, dengue, hook-worm, typhoid, tuberculosis must be reduced to a minimum. The economic loss from preventable diseases measured in dollars is stupendousmounting into millions annually.
Will you follow me in this last argument as I present to you the deliberate conclusion of the best thought of which I have been capable, the profoundest thought of my official life. I ask that you do not commit yourself now on this; Sleep over it; give it the maturest reflection and make your response as the roll is called on the several items of the program.
The eyes of the world are on the South; the current of population and business development is now running this way. The business world is a unit on that score; thousands of good people are coming to the South each week. Then consider the effect if you could truthfully advertise to the world that Georgia had actually adopted the constructive program now submitted, if we could capitalize this opportunity of opportunities for Georgia, this the psychological hour in all its history, if we could challenge the attention

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33

and arrest the interest of the world in Georgia's unequalled advantages. Let's see just what we could now truthfully advertise. First, that Georgia is the greatest in area of any State in the Union; that Georgia has the very finest climate of any State in the Union; a State free from the extremes of heat to the South and the extremes of cold to the North; a State which on the hills to the north raises apples which take the prize at the Spokane Washington apple shows; which on the coastal plains to the south raises Satsuna oranges and other tropical fruits and which on all the slopes between raises every agricultural product in profusion unequalled even by California; with a practically twelve-months agricultural and pasturage year; a State with 23 of the 26 types of soil, more than any other State; with 45 of the 52 merchantable minerals, more than any other State; with hydro-electric power going to waste; with a long coastal shore line of unparalleled beauty and unexcelled utilitarian potentialities of fish and oyster and other industries of the sea; with scenic beauty in the mountains to the north majestic and sublime, with the most salubrious atmosphere, the best water, and above all and over all, the purest Anglo-Saxon blood of any State in the Union! Now, ladies and gentlemen, in the calmest deliberation, assume that we could truthfully add to these glories of a land blessed of God as no other land the three elements of the program you have before you; suppose that it should be announced to the world that Georgia, the State which has been slandered in the four-quarters of the earth as a State benighted, a State of narrow provincialism, that that Georgia, through its General Assembly in the good month of March, 1926, had made ample provision for a system of education under which a settler could establish a home even in the remotest section of the remotest county with a nine-months high grade school accessible to his children and a unified well-rounded educational system from the public school to the university for their
further advancement; that the same general assembly had
made ample provision for a modern, dependable state-

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wide system of connected paved highways to be completed in from five to seven years and laid the foundation for a modern health department reducing disease and sickness to a minimum-tell the world that Georgia had adopted that constructive and progressive program and no power on earth could keep an army of good citizens from other far less favored states from coming here to make their-homes. and to join us in making Georgia the greatest State in the Union! I measure my words when I state as a deliberate conclusion that the same program announced by North Carolina five years ago has been worth. in advertisement to that State the 85 millions of dollars involved in its first bond issue. I state without hesitation as the profoundest conviction of my life that the announcement within the next thirty days of such a program of construction in Georgia would be worth 85 millions to this State even if the expenditure of that sum carried no other intrinsic value and no class of men would profit more by this advertisement than would the farmers of Georgia!
Georgia is grievously handicapped by an aristocratic system of laws covering the three great governmental elements of taxation, highways and education, those civic subjects of more potential possibilities than all others combined. We suffer from a system of favoritism, an aristocracy in taxation, under which one-half of the people and one-half of the property pay all taxes, while the other half of the people and the other half of the property, the privileged half, enjoy all the privileges of government but escape taxation entirely. I call you all to witness that this administration has exhausted all honorable means, has exerted every possible effort to induce this legislative body to relieve the suffering people of this burden.
No one questions the aristocracy of an educational system, a system of favoritism, under which one-half of the boys and one-half of the girls, the privileged half, are given almost every educational opportunity, while the other half are given practically none.

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35

And just as perfect an aristocracy of transportation is our system of favoritism in highway construction under which the favored few counties, whose wealth and taxable values will stand local bond issues are hastening into line to qualify for the 75 per cent aid in the costofconstruction of paved highways from Federal and State aid funds, making no provision for the less fortunate counties, the unfavored majority of counties, which have not qualified and which from lack of taxable values never can qualify, to share equally these funds.
So clear is this aristocracy of favoritism, so marked, so unjust are these governmental inequalities, that as year by year legislatures come and turn deaf ears to the pleas of governors who are sincerely interested in the progress of State; as well-meaning and honest repre&entatives of the very people and the very counties which suffer most, and in number sufficient to carry the balance of power, allow themselves to be confused by the studied tactics of the enemy, the big tax-payers and special interests with their highly-trained, soft-speaking and alluringly amiable legislative agents, by the multiplied amendments of over-zealous friends-confused by the specious arguments of over-eager partisans, with their pride of authorship, jealous of their political fences-partisans who refuse to "give and take" with statesmanlike regard for the views of others, confessed by the jealousy between the House and Senate, almost continuous and highly discreditable-as year by year this well-meaning balance of power allows itself to be thus confused and thus fails to give relief to the underprivileged half of the people who continue to bear the burdens of an aristocratic government, many men of thought are losing respect for the legislative branch of that government. Most of the opposition to the calling of an extra session was based upon this idea-the oft repeated thought that the Legislature would do nothing if it were assembled. More and more is heard the expression that representative government is falling down; that if this general assembly, con-

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vened at a period of perfect tranquility, when no local, partisan or political issues should confuse, with only three subjects to consider, with only three problems to solve, should fail to give relief to the suffering people; if the brain and the patriotism of this legislature, unequalled, as it is, in personel by any of its predecessors, is incapable of solving these three problems and of working out a plan of relief, then it should solemnly resolve to go back home with an open confession, that representative government had in fact broken down.
Relying only on the power of logical reasoning, of cooperative and constructive advice, I approached your body in the regular session with an appeal for the abolition of the aristocracy in taxation, presenting for your consideration the views of the leaders in business and industry, successful men of affairs whose counsel I believed would be of material assistance to you. In approaching your body with this last appeal for the abolition of the aristocracy in education and the aristocracy in highway construction, I have been mindful that the people must ratify both measures of reform and I have therefore been constrained to confer directly with the people. I have gone out in person to every section of the State and discussed this program of universal education and fairly distributed modern highways to be built in every county within the earliest possible time consistent with economy and good business judgment. Wherever I have gone, with the exception of four or five places where embarrassing political or other peculiar conditions exist, I have polled the people present and without a single exception when given an opportunity the people have endorsed this program by a practically unanimous vote, in most cases the vote being absolutely unanimous. In 21 counties the people have voted practically as overwhelmingly to bond themselves for paved highways.
I have no hesitancy in concluding that when given an opportunity the people of the entire State will vote over-

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whelmingly to endorse the program of universal education and highways. Are you willing to give them that opportunity? Can you afford not to give them that chance"?
Personally I have not the slightest doubt that the reforms submitted to you will be enacted into law. The only question is shall they be delayed while Georgia loses the golden opportunity to capitalize the psychological conditions so gloriously favorable at this moment, those conditions which our neighboring States are capitalizing every hour? Is it possible that there is a single Georgian here who amid these God-given opportunities of development and progress will consent to leave here without capitalizing these wonderful opportunities simply because the suggestion comes from the present Governor? If so, as another has said, the tragic joke will be upon the people of Georgia, upon the children, born and unborn, for this program presents no plan of mine; it is a program born twenty-five years ago in the mind and heart of that great educational governor of North Carolina, Governor Aycock, in whose administration a new, modern schoolhouse was built for each day of that administration; it is the program which in 25 years has brought North Carolina from the most backward, darkened State, the "Tar Heel State," to be the most enlightened, the most progressive and the most prosperous State in all the South; it is the program which in substance was approved by the Georgia State Teachers Association before the present executive was thought of for Governor.
My confidence in the coming of a day of real democracy in Georgia, a democracy of equality in education, in transportation and in taxation, is not disturbed by carping criticisms. I recall that Governor Aycock too was denounced as visionary, as a Don Quixote, as the Mussolini of his day. And yet to day the most prominent monument in all Carolina standing on the crest of the Capitol Hill at Raleigh, honors the name of Aycock, the best beloved name in the old North State and as in North Carolina along with his

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the names of those educational leaders, Melver and Alderman, have gone and will go sounding down the annals of time so in Georgia the names of those educational statesmen and progressive teachers who have fixed the ideal and established the goal of a unified well-rounded educational system with a foundation in a consolidated high-grade nine-months school in reach of every boy and girl in Georgia, their names will be honored and revered in this great State when the names of carping critics and technical objectors have long been forgotten!
Yes, the day of democracy is coming! I have seen the dawn of that day as I have gone about over the State! If carping critics and re-actionary objectors will leave their steam-heated offices and their comfortably appointed homes, enjoying the blessings which followed their college diplomas, forego for a time their closed cars on their paved highways, and go with me, they too will catch a vision of that dawning day! They may be disturbed by the sight of women and children in distress along the road-side while their less favored fellow man struggles to get out of the mud; their aristocratic habits may possibly be shaken for a moment at least by a view of the other half of the world, that half living in the remoter sections with no highways, with one-room three months schoolhouses and little if any real educational advantages for their children. But I'll show them a vision! Go with me to the most distant counties, Camden and Charlton, with the smallest taxable values, with inadequate buildings and insufficient equipment, yet with all their schools consolidated, with a highgrade nine-months school in reach of every boy and girl. Go with me to that other distant county, Decatur, that royal county of real democracy, which has already builded and equipped a brick, modern, up-to-date, nine-months high-grade school in every militia district of that county. Go to Hart county and to Sumter and to Glynn and to Bibb and to Troupe and to Lee and to Bulloch and to other counties which are rapidly approximating that goal; go

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39

with me over the State and catch the vision of the army of tens of thousands of sons and daughters of patriotic Georgians, already mustered in for future service in the battle against aristocracy; listen to the ominous foot fall of that army already on the march from the one-and-two room schoolhouses to the consolidated school and from the consolidated school to the high school. In five years that army will begin to reach college and burst as under the walls of every college building in this State, now already crowded. In ten years or less that army will reach this building, it will storm these walls; in grateful acknowledgment of the opportunities they have enjoyed, in the name of the Democracy we profess, they will demand that equal opportunities of an education be given their less fortunate under-privileged neighbors back home, that equal rights be accorded every class and every section in taxation, in highways and in education. No carping critic will be here then. Truth will be here and .fustice will be here and t>ictory will be here, for "thrice armed is he who hath his quarrel just." The people of Georgia are rapidly coming to see that no community is stronger than its weakest home; that no county is stronger than its weakest community; that no State is stronger tha its weakest county. Our people are developing a State pride.
Yes, the day of democracy, of real democracy, has dawned. The question of this hour and the only question which disturbs me is, shall this legislature, shall you have a part in that glorious consummation'? Shall that day come in full meridian in our administration or a later?
If it does not, I call High Heaven to witness it will not be my fault!
Yes, that day is coming. May it come in your day and m=_.te! Full opportunity will 1)e given each of you to make your contribution to its early coming as after a few days you will be privileged to vote for constructive measures which will finally break the shackles of aristocracy which

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have long fettered our beloved State. The list of those so voting will be a list of immortals! It will constitute a roll of honor, a roll of duty, a roll of freedom! In the name of Georgia, in the name of a greater Georgia, in the name of the Georgia of Hill and Toombs and Stephens and Grady, in the name of the unborn children of Georgia, I call you, each one of you, to inscribe your name upon it!
Atlanta, Ga., February 24, 1926.

CLIFFORD WALKER,
Governor.

Mr. Sapp of the 43rd moved that the joint session of the General Assembly do now dissolve, and the motion prevailed.
The Governor with the escort and the Senate withdrew from the floor of the House.
Privileges of the floor were granted to Hon. Ben J. Fowler of Bibb, Hon. W. H. Dorris of Crisp, and Hon. C. E. Thomas of Clarke.
Mr. McCrory of Schley moved that the House do now adjourn until 11:00 o'clock tomorrow morning, and the motion prevailed.
Leave of absence was granted to Mr. Williams of Harris, Mr. Beck of Carroll, Mr. Pilcher of Richmond, Mr. Clark of Laurens, Mr. Bartlett of Paulding and Mr. Gill of Bryan.
The Speaker announced the House adjourned until 11 :00 o'clock tomorrow morning.

THURSDAY, FEBRUARY 25, 1926.

41

SECOND DAY.

REPRESENTATIVE HALL, ATLANTA, GA.,
THURSDAY, FEBRUARY 25, 1926.
The House of Representatives met pursuant to adjournment this day at 11 ;00 A. M.; was called to order by the Speaker and opened with prayer by the Chaplain.
By unanimous consent the call of the roll was dispensed with.
By unanimous consent the reading of yesterday's Journal was dispensed with.
The Journal was confirmed.
By unanimous consent the following bills of the House were introduced, read the first time, and referred to committees.
By Mr. Culpepper of FayetteHouse Bill No. 1. A Bill to authorize the Governor to
discount the rental of the Western & Atlantic Railroad for a period of five years for the purpose of paying pensions.
Referred to Committee on Appropriations.
By Messrs. Culpepper of Fayette and Lankford of ToombsHouse Bill No.2. A Bill to make extra appropriation to
the common school fund for the purpose of equalizing educational opportunities.
Referred to Committee on Appropriations.

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By Mr. Barrett of Stephens-
House Bill No.3. A Bill to amend the Constitution so as to provide for educational bonds.
Referred to Committee on Amendments to Constitution.

By Mr. Barrett of Stephens-
House Bill No. 4. A Bill to amend the Constitution so as to provide for bonds to pay pensions.
Referrred to Committee on Amendments to Constitution.

By Mr. Barrett of Stephens-
House Bill No. 5. A Bill to amend the Constitution so as to provide Highway Bonds.
Referred to Committee on Amendments to Constitution.

By Mr. Mann of Glynn-
House Bill No. 6. A Bill to amend the Constitution so as to provide for a system of State Aid Roads.
Referred to Committee on Amendments to Constitution.

By Mr. Martin of Troup-
House Bill No.7. A Bill to levy an occupation tax on the gross sales of all motor vehicles.
Referred to Committee on Ways and Means.

By Messrs. Lawton, Denmark and Alexander of Chatham-
House Bill No. 8. A Bill to amend the Constitution so as to permit Chatham to issue bonds so as to pave the Tybee Road.
Referred to Committee on Amendment~ to Constitution.

THURSDAY, FEBRUARY 25, 1926.

43

By Hamilton of Floyd, McWhorter of Oglethorpe and Rivers of Lanier-
Hause Bill No. 9. A Bill to make an appropriation to pay pensions due Confederate Veterans by discounting the rental of theW. & A. Railroad.
Referred to Committees on Appropriations.

By Messrs. Hamilton of Floyd, McWhorter of Oglethorpe and Rivers of Lanier-
Hause Bill No. 10. A Bill to discount the rental of the W. & A. Railroad.
Referred to Committee on Appropriations.

By Messrs. Blease and Turner of BrookR-
House Bill No. 11. A Bill to authorize the Board of Commissioners of the City of Quitman to improve the Streets by paving, etc.
Referred to Committee on Municipal Government.

By Messrs. Malone and Winship and Mrs. Napier of Bibb, Smith of Grady, and Hamilton of Floyd-
House Bill No. 12. A Bill to amend the Constitution so as to issue bonds for the purpose of building State Aid Roads.
Referred to Committee on Amendments to Constitution.

By Messrs. Milner of Dodge, Burch of Dodge, Wilhoit of Warren, and others-
House Bill No. 13. A Bill to authorize the Governor to set apart the Rentals of the W. & A. Railroad to pay pensions now due.
Referred to Committee on Appropriations.

By Messrs. Jones and Smith of Meriwether, Culpepper of

44

JouRNAL OF THE HousF.,

Fayette, and Rivers of Lanier-
House Bill No. 14. A Bill to amend the Constitution so as to provide for a Bond Issue for the payment of school teachers.
Referred to Committee on Amendments to Constitution.

By Mr. Jones of Meriwether-
Hause Bill No. 15. A Bill to amend th~ Constitution so as to provide for the issuance of State Highway Bonds.
Referred to Committee on Amendments to Constitution.

By Messrs. Smith of Tolbert and Mallard of Charlton-
House Bill No. 16. A Bill to amend Section 67 of the Georgia School Code so as to make the school year be from July 1st to the next June 30th, inclusive.
Referred to Committee on Education.

By Mr. Griffin of DecaturHouse Bill No. 17. A Bill to permit independent school
system to repeal their independent system and to merge into the County School System.
Referred to Committee on Education.
By Mr. Davis of Floyd-
House Bill No. 18. A Bill to authorize the State Board of Education to develop standard for school buildings for public schools.
Referred to Committee on Education.
By Mr. Wood of Fulton, and othersHouse Resolution No. 2. A Resolution endorsing the
movement and efforts being made and the Legislation now

THURSDAY, FEBRUARY 25, 1926.

45

pending in the National Congress to have the National Soldiers and Sailors Home erected in or near the City of Atlanta.
Referred to Committee on State of Republic.

By Messrs. Zellars of Hart, Adams of Franklin, and others-
House Resolution No. 3. A Resolution requesting the Senators and Representatives of Georgia in Congress to use their influence to secure the passage of a Bill by Congress declaring the Tugalo River to be a non-navigable stream.
Referred to Committee on State of Republic.

The following Resolution of the House was read and adopted:

By Mr. Culpepper of Fayette-
House Resolution No.4. A Resolution providing for the number and pay of the employees and attachees of the House during the extraordinary session of 1926.

The Speaker announced the following Committee Assignments, to-wit:
Mr. Erwin of the County of Clarke is assigned to the following committees:
Amendments to the Constitution; General Judiciary, No.2; Municipal Government; Public Highways; University of Georgia and its Branches; Ways and Means.

Mr. Flynt of Spalding is assigned to the following Com-

mittees:



46

JouRNAL oF THE HousE,

Amendments to the Constitution; Appropriations; Counties and County Matters; Education; General Judiciary No. 1; Public Highways; Rules.

Mr. Henderson of the County of Irwin is assigned to the following committees:
Amendments to the Constitution; Counties and County Matters; Education; Pensions; Privileges and Elections; Railroads.

Mr. Flanders of the County of Johnson is assigned to the following committees:
Appropriations; Education; Georgia State Sanitarium; Halls and Rooms; Hygiene and Sanitation; Penitentiary; Sanitarium at Alto; Public Highways.

THURSDAY, FEBRUARY 25, 1926.

47

Mr. Rainey of the County of Putnam is assigned to the following committees:
Counties and County Matters; Education; General Judiciary, No.2; Penitentiary; Public Highways; University of Georgia and its Branches; Ways and Means.

Mr. Lawson of the County of Pulaski is assigned to the following committees:
Amendments to the Constitution; General Agriculture, No. 2; General Judiciary, No. 2; Municipal Government; Public Highways; Ways and Means.

Mr. Traylor of the County of Richmond is assigned to the following committees:
Appropriations; Counties and County Matters; Education; General Agriculture No. 2; Public Highways; University of Georgia and its Branches.

48

JouRNAL oF THE HousE,

Mr. Trotter of the County of Taliaferro is assigned to the following committees:
Appropriations; Banks and Banking; Education; General Agriculture No. 2; General Judiciary No. 1; Legislative and Congressional Reapportionment; Uniform State Laws.

Mr. Lankford of the County of Toombs IS assigned to the following committees:
Amendments to the Constitution; Appropriations; Education; Game and Fish; Public Highways; Rules.

Mr. Lewis of Hancock is appointed Chairman of Committee on State of Republic to succeed Mr. Bussey, resigned.
Mr. Rosser of Walker is appointed Vice-Chairman of Committee on State of Republic to succeed Mr. Lewis of Hancock.

Privileges of the floor were granted to Hon. and Mrs. A. B. Langley of Columbia, S. Carolina.
Mr. Rosser of Walker moved that the House do now adjourn until 11:00 A. M. o'clock tomorrow morning and the motion prevailed.

THURSDAY, FEBRUARY 25, I926.

49

Leave of absence was granted to: Mr. Davis of DeKalb; Mr. Smith of Talbot; Mr. Linder of Jeff Davis; Mr. Beck of Carroll; Mr. Doyal of Floyd; Mr. Peek of Polk.

The Speaker announced the House adjourned until II :00 A. M. o'clock tomorrow morning.

50

JouRNAL OF THE HousE,

THIRD DAY.

REPRESENTATIVE HALL, ATLANTA, GA., FRIDAY, FEBRUARY 26, 1926.

The House of Representatives met pursuant to adjournment this date at 11 :00 A. M.; was called to order by the Speaker; and opened by prayer by the Chaplain.

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

Adams Alexander Anderson Andrews Baker Bandy Barnard Barnett Barrett Blease Bloodworth Boswell Bower Brannen Bower Brannen Brown Brunson Burch Burgin Camp of Clayton Camp of Cobb Camp of Coweta Chappell Childs Clark Collins Cooper

Culpepper Daniel Davidson Davis of DeKalb Davis of Floyd Davis of Thomas Dekle Denmark Dorris of Douglas Dorsey DuBose Duncan Dykes England Erwin Evans Ficklen Flanders Fletcher Folks Gillen Grant Greer Grice Griffeth Griffin of Decatur Griffin of Twiggs ' Griffin of Wilkes

Griner Grovenstein Guillebeau Gullatt Hall Hamby Hamilton Hancock Harris Hatcher Haywood Head Henderson of Carroll Henderson of Irwin Hillhouse Hines Hooper Hopkins Howard of Chatta-
hooehee Howard of Long Hulme Humphrey Hyman Jackson James Johnson of Appling Johnson of Bacon

FRIDAY, FEBRUARY 26, 1926.

51

Johnson of Camden Jones of Cook Jones of Meriwether Kelley Kempton Kent Ketcham King Lanier Lankford Lawson Lawton Layton Lee of Clinch Lee of Screven Lewis of Colquitt Lewis of Gordon Lewis of Hancock Lindsay Logan Loyd Lumpkin Lyons McCluney McClure McCrory McElmurray McElvey McKoy Mc"\Vhorter Maddox Mallard Malone Mann Martin Matthews Miller Milner Milton

Montgomery Murrah Napier New Newton Norman Oliver Owen Palmour Parker Parrish Paschal Pate Peacock Peek Perkins Peterson of Mont-
gomery Peterson of Tift Phillips Pickering Quarterman Rainey Rampley Rawls Rice Ricketson Riley Rivers Roberts Rosser Rountree Russell Short Smith of Grady Smith of Madison Smith of Meriwether Smith of Talbot Spence

Stanley Stark Steed Stone of Union Stone of Walton Stovall Strickland of Brantley Strickland of Pierce Swint Talmadge Taylor Thomas Tippins Traylor Trippe Trotter Tucker Turner Tyson Vaughn Warren Weaver Webb Weekes West Westbrook Wheeler \Vhelchel Whitehard White Wilhoit Wilkin Williams of Walton Wilson Winship Wood Zellars Mr. Speaker

By unanimous consent the reading of yesterday's journal was dispensed with.

The journal was confirmed.

52

JouRNAL OF THE HousE,

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

By Mr. Lindsay of DeKalb-
House Bill No. 19. A Bill to amend Paragraph 1, Sec. 12, Art. 7 of the Constitution relative to bonded indebtedness of State by issuing bonds not to exceed $100,000,000.00 for the purpose of paving roads.
Referred to Committee on Amendments to the Constitution.

By Messrs. Head and Camp of Cobb-
House Bill No. 20. A Bill to amend an act creating charter for the City of Marietta.
Referred to Committee on Municipal Government.

By Messrs. Head and Camp of Cobb-
House Bill No. 21. A Bill to amend an act creating a system of public schools for the City of Marietta.
Referred to Committee on Education.

By Mr. Hopkins of Thomas-
House Resolution No. 6. A Resolution that th~ General Assembly adjourn sine die March 20, at 6:00 P. M.
Referred to Committee on Rules.

The following resolutions were read and adopted:

By Mr. Talmadge of Jasper-
House ResolutionNo. 5. A Resolution extending sympathy of the House to Judge W. B. Kent of Wheeler on account of death in his family.

FRIDAY, FEBRUARY 26, 1926.

53

By Mr. McCrory of Schley-
House Resolution No. 7. A Re8olution providing for adjournment from Friday until Monday morning at 11 :00 A.M.

By unanimous consent the following bill of the House was read the second time and recommitted to the Committee on Municipal Government.

By Messrs. Blease and Turner of Brooks-
House Bill No. 11. A Bill to authorize the Board of Commissioners of Quitman to change the grade of any street, etc., and for other purposes.

Mr. Barrett of Stephens County, Chairman of the Committee on Appropriations, submitted the following report:

Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bills of the House and has instructed me as chairman, to report the same back to 'the House with the recommendation that the same do not pass:

House Bill No. 9, by Mr. Hamilton of Floyd and others, to appropriate $3,000,000 for pensions, do not pass.

House Bill No. 10, by Mr. Hamilton of Floyd and others, to discount rentals of the W. & A. Railroad, do not prl.~s.

House Bill No. 13, by Mr. Milner of Dodge, Mr.Wilhoit of Warren and others, to discount rentals of the W. & A. do not pass.
Respectfully submitted,
BARRETT of Stephens,
Chairman.

54

JouRNAL oF THE HousE,

Mr. Barrett of Stephens County, Chairman of the Committee on Appropriations submitted the following report:

Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the recommendation that the same do pass.

House Bill No. 1, by Mr. Culpepper of Fayette, providing for the discount of W. & A. rentals, do pass.
Respectfully submitted, BARRETT of Stephens, Chairman.

Mr. Lewis of Hancock County, Chairman of the Committee on State of Republic, submitted the following report:

Mr. Speaker: Your Committee on State of Republic has had under con-
sideration the following Resolutions of the House and has instructed me as chairman, to report same back to the House with the recommendation that the same do pass.
House Resolution No. 2.
House Resolution No. 3.
Respectfully submitted, LEWIS of Hancock, Chairman.

Mr. Lanier of Columbia arose to a question of personal privilege and addressed the House.

FRIDAY, FEBRUARY 26, 1926.

55

The following bills and resolutions of the House were favorably reported by the Committees and were read the second time:

By Mr. Culpepper of Fayette-
House Bill No. 1. A Bill to authorize the Governor to discount the rental of the Western and Atlantic Railroad for a period of five years and to provide for the expenditure of the fund arising therefrom.

By Messrs. Wood, Hooper and Miss Kempton of Fulton-
House Resolution No.2. A Resolution endorsing the effforts being made to locate the National Soldiers and Sailors Home in the City of Atlanta.

:ey Messrs. Zellars of Hart, Adams of Franklin, et al-
House Resolution No. 3. A Resolution requesting the Senators and Representatives of the State of Georgia in Congress to use their influence to secure the passage of a bill by Congress declaring the Tugalo River non-navigable.

By unanimous consent House Bill No. 2 was withdrawn from the Committee on Appropriations and recommitted to the Committee on Education.

Mr. Harris of Jefferson moved that the House do now adjourn and the motion prevailed.

Leave of absence was granted to: Mr. White of Atkinson, Mr. Gill of Bryan, Mr. Cooper of Telfair, and Mr. Henderson of Carroll.

The Speaker announced the House adjourned until 11 :00 A. M. Monday morning.

56

JouRNAL oF THE HousE,

SIXTH DAY.

REPRESENTATIVE HALL, ATLANTA, GA.,
MoNDAY, MARCH 1, 1926.

The House met pursuant to adjournment this day at 11:00 o'clock A.M. ,was called to order by the Speaker, and opened with prayer by the Chaplain.

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

Adams Alexander Anderson Baker Bandy Barnard Barnett Barrett Blease Bloodworth Boswell Bower Brannen Brown Brunson Burch Burgin Camp of Clayton Camp of Cobb Chappell
Childs Clark Collins Culpepper Daniel Davidson Davis of DeKalb Davis of Floyd

Davis of Thomas Dekle Denmark Dorris of Douglas Dorsey Doyal DuBose Dykes England Erwin Evans Ficklen Flanders Fletcher Flynt Folks Gillen Grant Greer Grice Griffeth Griffin of Decatur Griffin of Twiggs
Griffin of Wilkes Griner Grovenstein
Guillebeau Gullatt

Hall Hambl Hamilton Hancock Harris Hatcher Haywood Head Henderson of Irwin Hillhouse Hines Hooper Hopkins Howard of Chatta-
hoochee Howard of Long Humphrey Hyman James Johnson of Appling Johnson of Bacon Johnson of Camden Jones -of Cook Jones of Meriwether
Kelley Kempton
Kent Ketcham

MoNDAY, MARCH 1, 1926.

57

King Lanier Lankford Lawson Lawton Layton Lee of Clinch Lee of Screven Lewis of Colquitt Lewis of Gordon Lewis of Hancock Lindsay Logan Loyd Lumpkin Lyons McCluney McClure McElmurray McKoy Mc,Vhorter Maddox Malone Martin Matthews Miller Milner Milton Montgomery Murrah Napier New Newton

Norman Oliver Owen Palmour Parker Parrish Paschal Pate Peacock Peek Perkins Peterson of Mont-
gomery Peterson of Tift Phillips Pickering Quarterman Rainey Rampley Rawls Rice Ricketson Riley Rivers Roberts Rosser Russell Smith of Grady Smith of Meriwether Spence Stanford Stanley

Stark Steed Stone of Walton Stovall Strickland of Brantley Swint Talmadge Taylor Thomas Tippins Traylor Trippe Trotter Tucker Turner Tyson Vaughn Warren Weaver Webb Weekes Westbrook Wheeler Whitchard Wilhoit Wilkin Williams of Walton Wilson Winship Wood Zellars Mr. Speaker

By unanimous consent, the reading of yeste::day's Journal was dispensed with.

The Journal was confirmed.

By unanimous consent the following bills of the House were introduced, read the first time, and referred to their committees:

58

JouRNAL OF THE HousE,

By Mr. McWhorter of Oglethorpe-
House Bill No. 22. A Bill to authorize Boards of Tru~ tees of public schools to borrow money for operation and for other purposes.
Referred to Committee on Education.

By Mr. Zellars of Hart-
House Bill No. 23. A Bill to repeal the "Script Bill" of 1925.
Referred to the Committee on Pensions.

By Messrs. Dekle & Stanford of Lowndes-
House Bill No. 24. A Bill to amend Constitution to permit Lowndes County and City of Valdosta to increase bonded indebtedness.
Referred to Committee on Amendments to the Constitution.

The following bill of the House was taken up for consideration and read the third time:

By Mr. Culpepper of Fayette-
House Bill No. 1. A Bill to discount the rentals of the W. & A. Railroad for a period of five years for the purpose of paying past-due pensions.

The bill involving an appropriation the House was resolved into a Committee of the Whole House, and Mr. Russell of Barrow was designated by the Speaker as the Chairman thereof.

The Committee of the Whole House arose, and through its Chairman reported progress, and asked leave to sit again.

MoNDAY, MARCH 1, 1926.

59

The following communication was received from the Governor and read:

To The House of Representatives:
I beg to advise that since your last session the election of the following new member to your body has been certified to the Executive Department by the Secretary of State:

Hon. W. H. Dorris, Representative from Crisp County, to succeed A. S. Bussey, resigned.

Respectfully submitted,

This March 1, 1926.

w CLIFFORD ALKE:k,

Governor.

Mr. W. H. Dorris, member-elect from Crisp County, came forward to the bar of the House, and took the oath of office, which oath was administered by Hon. Alexander W. Stephens, Associate .Judge of the Court of Appeals.

Privileges of the floor were granted to: Hon. H. H. Elders of Tattnall County.

Mr. Russell of Barrow moved that the House do now adjourn and the motion prevailed.

Leave of absence was granted to Mr. Matthews of Harrison, Mr. Pilcher of Richmond, Mr. Wilkin of Miller, and Mr. Hines of Sumpter.

The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

60

JouRNAL OF THE HousE,

SEVENTH DAY.

REPRESENTATIVE HALL, ATLANTA, GA.,
TuESDAY, MARCH 2, 1926.

The House of Representatives met pursuant to adjournment this day at 10:00 o'clock, A.M.; was called to order by the Speaker and opened with prayer by the Chaplain.

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

Adams Alexander Anderson Andrews Baker Bandy Barnard Barnett Barrett Beck Bloodworth Boswell Bower Brannen Brown Brun nos Burch Burgin Camp of Clayton Camp of Cobb Camp of Coweta Chappell Childs Clark Collins Cooper Culpepper Daniel

Davidson Davis of DeKalb Da";s of Floyd Davis of Thomas Dekle Denmark Dorris of Douglas Dorsey Doyal DuBose Duncan Dykes England Erwin Evans Ficklen Flanders Flynt Folks Gillen Grice Griffeth Griffin of Decatur Griffin of Twiggs Griffin of Twiggs Griffin of Wilkes Griner Grovenstein

Guillebeau Gullatt Hall Hambl Hamilton Hancock Harris Hatcher Haywood Head Henderson of Carroll Henderson of Irwin Hillhouse Hines Hooper Hopkins Howard of Chatta-
hoochee Howard of Long Humphrey Hyman Jackson James Johnson of Appling Johnson of Bacon Johnson of Camden Jones of Cook Jones of Meriwether

TUESDAY, MARCH 2, 1926.

61

Kelley Kempton Kent Ketcham King Lanier Lankford Lawson Lawton Layton Lee of Clinch Lee of Screven Lewis of Colquitt Lewis of Gordon Lewis of Hancock Lindsay Logan Loyd Lumpkin Lyons McCluney. McClure McCrory McElmurray McKoy McWhorter Maddox Malone Mann Martin Matthews Miller Milner Milton Montgomery Murrah

Napier New Xewton Norman Oliver Owen Palmour Parker Parrish Paschal Pate Peacock Peek Perkins Peterson of Mont-
gomery Peterson of Tift Phillips Pickering Quarterman Rainey Rampley Rawls Rice Ricketson Riley Rivers Roberts Rosser Rountree Russell Short Smith of Grady Smith of Madison Smith of Meriwether Smith of Talbot

Spence Stanford Stanley Stark Steed Stone of Union Stone of Walton Stovall Strickland of Brantley Strickland of Pierce Swint Talmadge Taylor Thomas Tippins Traylor Trippe Trotter Tucker Tyson Vaughn \Varren \Veaver Webb Weekes Westbrook Wheeler Whelchel Whitchard Wilhoit Williams of Harris Wilson Winship Wood Zellars Mr. Speaker

By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.

The Journal was confirmed.

The Speaker announced the following committee assignments:

62

JouRNAL OF THE HousE,

Mr. Camp, of Coweta, is appointed Chairman of the Committee on Insurance to succeed Mr. Bell, former Chairman, resigned, and Mr. Henderson of Carroll is appointed ViceChairman of the Committee on Insurance to succeed Mr. Camp, of Coweta.

Mr. Dorris of Crisp is assigned to the following Committees:

Amendments to the Constitution; General Judiciary, No. 1; Labor and Labor Statistics; Manufacturers; Public Highways; Rules; State of the Republic.

By unanimous consent the following bills and resolutions of the House were introduced, read the first time and referred to their committees:

By Mr. Johnson of Appling-
House Bill No. 25. A Bill to amend act creating Board of Commissioners for County of Appling.
Referred to Committee on Counties and County Matters. By Mr. Johnson of Appling-

House Bill No. 26. A Bill to amend charter of City of Baxley.
Referred to Committee of Municipal Government.

By Mr. Gullatt of Campbell-
House Bill No. 27. A Bill to amend the charter of Union City.

TUESDAY, MARCH 2, 1926.

63

Referred to Committee on Municipal Government.

By Mr. Lyons of ButtsHouse Bill No. 28. A Bill to amend charter of Jackson. Referred to Committee on Counties and County Matters.

By Mr. Spence of Mitchell-
House Bill No. 29. A Bill to amend charter of town of Baconton.

By Mr. Griffin of Decatur-
House Resolution No. 8. A Resolution memoralizing Congress on Muscle Shoals.
Referred to Committee on State of Republic.

By Mr. Peterson of Montgomery-
House Resolution No. 9. A Resolution for the relief of Charlie Sharpe as surety.
Referrd to Committee on Special Judiciary.

Mr. J. Scott Davis of Floyd County, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:
Your Committee on Education has had under considera- tion the following House Bills and has instructed me as Chairman, to report the same back to the House with the recommendation that the same do pass:

House Bill No. 16, By Messrs. Smith of Talbot and Mallard of Charlton, to amend Section 67 of the School Code to make the school year run from July 1, to June 30, inclusive, beginning with July 1, 1927, and for other purposes, do pass.

64

JouRNAL oF THE HousE,

House Bill No. 17, By Messrs. Griffin of Decatur, Davis of Floyd, and Rivers of Lanier, to permit Municipal or local independent school systems to repeal their independent systems and merge into the county school system, and for other purposes. Do pass, as amended.

House Bill No.2, by Messrs. Culpepper of Fayette, Lankford of Toombs, Davis of Floyd, and Rivers of Lanier, to authorize and require the Legislature to make an extra appropriation to the Common School Fund for the purpose of equalizing educational opportunities to the children of the several counties of the State, and for other purposes. Do pass, as amended.

Respectfully submitted, J. ScoTT DAVIS, Chairman, E. D. RIVERS, Secretary.

Mr. Jones of Meriwether County, Chairman of the Committee on Amendments to the Constitution submitted the following report:

Mr. Speaker:
Your Committee on Amendments to the Constitution has had under consideration the following bill of the House and has instructed me as chairman, to report the same back to the House with the recommendation that the same do pass: to-wit:

House Bill No. 8, to amend the Constitution, to permit Chatham County to issue bonds to pave Road to Tybee.

Respectfully submitted, JoNES of Meriwether, Chairman.

TuESDAY, MARCH 2, 1926.

65

By unanimous consent the following bills of the House which were favorably reported, were read the second time:

By Mr. Griffin of Decatur, and others-
House Bill No. 17. A Bill to permit local school systems to merge into county school system, and for other purposes.
Referred to Committee on Education.

By Mr. Culpepper of Fayette, and others-
House Bill No. 2. A Bill to require Legislature to make extra appropriation to common school fund.
Referred to Committee on Education.

By Messrs. Lawton, Denmark and Alexander of Chatham-
House Bill No. 8. A Bill to amend Constitution to permit Chatham County to issue bonds to pave road to Tybee.
Referred to Committee on Amendments to the Constitution.

By Mr. Smith of Talbott, Mr. Mallard of Charlton-
House Bill No. 16. A Bill to amend Georgia School Code so as to make school year be from July 1st to June 30th inclusive.
Referred to Committee on Education.

Under the order of unfinished business the following bill of the House was again taken up for consideration:
By Mr. Culpepper of Fayett~
House Bill No. 1. A Bill to discount the W. & A. Railroad rentals for a period of five years for the purpose of paying past due pensions.
The Bill involving an appropriation the House was re-

66

.JoURNAL OF THE HousE,

solved into a Committee of the Whole House and the Speaker designated Mr. Russell of Barrow as the Chairman thereof.
The Committee of the Whole House arose, and through its Chairman reported the bill back to the House with the recommendation that the same do pass, as amended.

Mr. Harris of Jefferson moved the previous question on the bill and all amendments thereto, and the motion prevailed.

The main question was ordered.

Mr. Lindsay of DeKalb moved that the House do now adjourn and the motion was lost.

The previous question was called and the main question was ordered.

The following Committee amendment was read and adopted:

Amend House Bill No. 1 by striking the words "five years" wherever same appears in said Bill and substituting in lieu thereof the words "six years."

The report of the Committee which was favorable to the passage of the Bill as amended, was agreed to.

The Bill involving an appropriation the roll call was ordered and the vote was as follows:

Affirmative---

Adams Alexander Anderson Baker

Bandy Barnard Barnett Barrett

Beck Bloodworth Boswell Bower

TuESDAY, MARCH 2, 1926.

67

Brannen Brown Brunson Burgin Camp of Clayton Camp of Cobb Camp of Coweta ChappE-ll
Child~
Clark Collins Culpepper Daniel Davidson Davis of DeKalb Davis of Floyd Davis of Thomas Dekle Denmark Dorris of Dm\glaO< Dorsey Doyal DuBose Duncan Dykes En!!:land Erwin I<:vans FicklPn Flanders Flynt GillPn Grant Gre!'r Grice Griffeth Griffin of Twiggs Griffin of \Vilker.< Griner Grovpnstein
Guillehea 11 Gullatt
Hall Hamby Hamilton

Hancock Harris Hatcher Haywood Head Henderson of Carroll Henderson of Irwin Hillhouse
Hine~
Hooper Hopkins Howard of Chatta-
hoochee Howard of Long Humphrey Hyman .Jackson James Johnson of Appling .Johnson of Bacon Johnson of Camden Jones of Cook Jones of Meriwether Kelley Kempton Kent Ketcham King LaniPr Lankford Lawson Lawton Layton Lee of Clinch Lee of Screven Lewis of Colquitt Lindsay Logan
Loyd Lumpkin Lyons McCluney McClure

;:\lcCrory ;:\lcElmurray McKoy :VlcWhort.er Maddox .Malone Mann Martin Miller Milner Milton
~lontgomPry
;:\lurrah ~a pier New Newton Norman Oliver Owen 'Palmonr Parker Parrish Paschal Pate Peacock Peek Perkins Peterson of Mont-
gomery Peterson of Tift Phillips Pickering Quarterman Rainey Rampley Rawls Rice Hicketson Riley Rivers RobE>rts
Rosser Rountree Russell Short

68

JouRNAL OF THE HousE,

Smith of Grady Smith of Madison Smith of Meriwether Smith of Talbot Spence Stanford Stanley Stark Steed Stone of l'nion Stone of Walton Stovall Strickland of Brantley

Strickland of Pierce Swint Talmadge Taylor Thomas Tippins Traylor Trippe Trotter Tucker Vaughn \Varren

\Veaver Webb Weekes Westbrook \\'heeler Whitchard Williams of Harris Williams of Walton Wilson Winship Wood Zellars

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

On the passage of the Bill as amended the ayes were 182,

nays 0.



The Bill having received the requisite Constitutional majority was passed as amended.

By unanimous consent the Bill was ordered to be transmitted immediately to the Senate.

The following resolutions were read and adopted:

By Mr. McCrory of Schley-
House Resolution No. 10. .A Resolution to have the Hall of the House of Representatives heated and for other purposes.

By Mr. McCrory of Schley and Mr. Baker of Lumpkin-
House Resolution No. 11. A Resolution tendering the thanks of the House to Miss Kempton of Fulton for Courtesy Cards, and for other kindnesses.

Privileges of the floor were granted to Hon. John S. Pate

TuESDAY, MARCH 2, 1926.

69

of Crisp County, and Hon. A. L. Griner and Hon. N. N. Hughes of Berrien County.

Mr. Rosser of Walker moved that the House do now adjourn and the motion prevailed.

The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

70

JouRXAL OF THE HousE,

EIGHTH DAY.

REP~ESENTATIVE HALL, ATLANTA, GA.,
WEDNESDAY, MARCH 3, 1926.

The House met pursuant to adjournment this day at 10:00 o'clock A.M.; was called to order by the Speaker and opened with prayer by the Chaplain.

The roll call was ordered and the following members
answered to. their names:

Adam~
AlexandPr Anderson Baker Bandy Barnard Barnett Barrett Bel'k Blease Bloodworth Boswell Bower Brannen Brunson Burch Burgin Camp of Clayton Camp of Cobh ChappPll Childs Clark Collins CulpeppPr Daniel DavidRon Davis of D<>Kalh Davis of Floyd

DaYis of Thomas Dekle DPnmark Dorris of Douglas Dorsey Doyal DuBm;e Duncan Dykes England Erwin Evans Fieklen Flanders Fletchpr Flynt Folks Gil!pn Grant Greer Grice Griffeth Griffin of Decatur Griffin of Twiggs Griffin of Wilkes Griner Grovenstein Guillebeau

Gullatt Hall Hamby Hamiltnn Hancock Harris Hatcher Haywood Head HPnderson of Carroll HendPrson of Irwin Hillhouse Hooper Hopkins Howard of Chatta-
hoochee Howard of Long; HulmP Humphrey Hyman Jackson
Jt~mes
Johnson of ~\ppling; .Johnson of Bacon Johnson of CamdPn Jones of Cook Jones of MeriwPth<>r KellPy

WED:\'ESDAY, MARCH 3, 1926.

71

Kempton Kent Ketcham King Lanier Lankford Lawson Lawton Layton Lee of Clinch Lee of Screven Lewis of Colquitt Lewis of Gordon Lewis of Hancock Lindsay Logan Loyd Lumpkin Lyons McCluney McClure :\IcCrory McElmurray :\IcKoy McWhorter :Yladdox Malone Mann :\Iartin :Matthews Miller 1\Iilner Milton MontgomPry Murrah ::'ila.pier
Xew

Xewton Xorman Oliver Owen Palmour Parker Parrish Paschal Peacock Peek Perkins Peterson of l\lont-
gomery Peterson of Tift Phillips Pickering Quarterman Rainey Rampley Rawls Rice Ricketson Riley Rivers Roberts Rosser Rountree Russell Hhort Smith of Grady Smith of Madison Smith of :\Ieriwether Smith of Talbot Spence Stanford Stanley Stark

Steed Htone of '''alton Stovall Strickland of Brantley Strickland of Pierce Hwint Talmadge Taylor Thomas Tippins Traylor Trippe Trotter Tucker Turner Tyson Vaughn 'Yarren 'Vea\er Webb 'Yeekes West Westbrook Wheeler Whelchel White hard White Wilhoit Wilkin Williams of Harris Williams of Walton Wilson Winship Wood Zellars Mr. Speaker

Mr. Wilhoit of Warren, Chairman of the Committee on Journals, reported that the Journal had been read and found correct.

By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.

72

JouRNAL OF THE HousE,

The Journal was confirmed.

The following Resolutions were read and adopted:

By Messrs. Hamilton of Floyd and Mc\Vhorter of Oglethorpe-
House Resolution No. 12. A Resolution extending the sympathy of the House to Mr. Mallard of Charlton on account of the death of his mother.
By Messrs. Smith of Talbot, Hamby of Rabun, and others-
House Resolution No. 14. A Resolution extending the sympathy of the House to Mr. Mallard of Charlton on account of the death of his mother.

The following resolution was read and lost:

By Mr. Martin of Troup-
House Resolution No. 13. A Resolution providing that the General Assembly adjourn sine die on March 5, 1926, at 12:00 o'clock, A.M.

By unanimous consent the following bills of the House were introduced read the first time and referred to committees:
By Messrs. Hines & Riley of Sumter-
House Bill No. 30. A Bill to establish, organize and maintain, as a Branch of the University of Georgia, a Normal School or Teacher's College, to be located at Americus, Georgia, and to be known as the State Agricultural and Normal College.
Referred to Committee on University of Georgia and its Branches.
BY Mr. Davis of DeKalb, Mr. Lanier, Mr. Short, Mr.

WEDNESDAY, MARCH 3, 1926.

73

Howard of Chattahoochee and Weekes of DeKalb-
House Bill No. 31. A Bill to provide for the payment of pensions to widows of deceased Confederate Veterans, or to the estate of deceased pensioners, who died after August 26, 1925.
Referred to Committee on Appropriations.

Mr. Jones of Meriwether County, Chairman of the Committee on Amendments to the Constitution, submitted the following report:

Mr. Speaker:
Your Committee on Amendments to the Constitution, has had under consideration the following Bill of the House, and has instructed me as chairman, to report the same back to the House with the recommendation that the same do pass, to-wit:

House Bill No. 24, to amend State Constitution, to permit Lowndes County and City of Valdosta to issued Bonds for Wilson College.

Respectfully submitted, W. R. Jones of Meriwether, Chairman.

Mr. Strickland of Brantley County, Chairman of the Committee on County and _Counties Matters, submitted the following report:

Mr. Speaker:
Your Committee on County and County Matters has had under consideration the following Bills of the House, and has instructed me as chairman, to report the

74

JouRNAL oF THE HousE,

same back to the House with the recommendation that the same do pass:
House Bill No. 25. Commissioners of Roads and Revenue of Appling Co.
House Bill No. 28. Paving streets of City of Jackson, Butts Co.
Respectfully submitted, JAs B. STRICKLAND of Brantley,
Chairman.

Mr. Clarke of Laurens County, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. Speaker:
Your Committee on Municipal Government has had under consideration the following House Bills, and has instructed me as chairman, to report the same back to the House with the recommendation that the same do pass:
House Bill No. 27, to provide for paving, issue Bonds, etc., and amending Charter of Union City.
House Bill No. 20, to amend and create new charter for Marietta.
House Bill No. 26, to amend and create new charter for the City of Boxley.
House Bill No. 29, to amend and create new charter for the city of Baconton.
Respectfully submitted, CLARKE of Laurens, Chairman.
RossER of Walker, Secretary.

\VEDXESDAY, MARCH 3, 1926.

75

Mr. Smith of Grady County, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Resolutions of the House, and has instructed me as chairman, to report the same back to the House with the recommendation that the same do pass:
House Resolution No. 9. To relieve Surety on Bond.
Respectfully submitted, SMITH of Grady, Chaimtan.

By unanimous consent the following bills and resolutions of the House, favorably reported, were read the second time:

By Messrs. Head and Camp of Cobb-
House Bill 1'\o. 20. A Bill to amend an Act creating a new Charter for Marietta.

By Mr. Dekle & Stanford of Lowndes-
House Bill No. 24. A Bill to amend the Constitution of Georgia so as to permit the County of Lowndes and the city of Valdosta either or both to increase their bonded indebtedness.

By Mr. Johnson of Appling-
House Bill No. 25. A Bill to amend an Act creating a board on commissioneers of roads and revenues for the County of Appling.

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JouRNAL OF THE HousE,

By Mr. Johnson of Appling-
House Bill No. 26. A Bill to amend an Act to create a new Charter for the City of Baxley.

By Mr. Gullatt of Campbell-
House Bill No. 27. A Bill to provide for the paving of streets and sidewalks, issue bonds and for other purposes. By Mr. Lyons of Butts.-

House Bill No. 28. A Bill to authorize and empower the Mayor and Alderman of the city of Jackson, to change the system of any streets, avenues, alleys, lanes, sidewalks and other public places in the city and to improve the same by paving and draining the same.

By Mr. Spence of Mitchell-
House Bill No. 29. A Bill to amend the Act creating a new charter for the town of Baconton to declare the rights, power and privilege of said Corporation, approved August 13, 1910, so as to authorize said town of Baconton to pave, grade, drain and otherwise improve the streets, lanes, avenues, roads and sidewalks of the town.

By Mr. Peterson of Montgomery--
House Resolution No. 9. A Resolution that Charles Sharpe, as surety for Arthur Sharpe, be relieved of paying bond of One Thousand Dollars.

Mr. Steed of Taylor moved that the House accept the invitation to attend the Peach Blossom Festival to be held in Fort Valley, Georgia, on ~larch 11, 12, 1926.

The motion prevailed, and the invitation was accepted.

Under the regular order of business the following Resolutions of the House were read and adopted:

WEDNESDAY, MARCH 3, 1926.

77

By Mr. Wood of Fulton and others-
House Resolution No. 2. A Resolution memorializing Congress in regard to the National Soldiers and Sailors Home.

By Mr. Zellars of Hart-
House Resolution No. 3. A Resolution memorializing Congress in regard to the Tugalo River in the State of Georgia.

Under the regular order of business the following Bills of the House were taken up for consideration and read the third time:

By Messrs. Culpepper of Fayette and LankfordofToombs-
House Bill N n. 2. A Bill to authorize the General Assembly to make an additional appropriation to the common school fund to equalize educational opportunities for children of this State.

The following amendments were read and adopted:

By the Committee-
The Committee amends House Bill No. 2, Section 1, by adding between the word "county" and the word "shall" in line fifteen, the following, "or independent system", and it further amends by striking from line seventeen, the words "throughout the county" so that said section when amended will read as follows:
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That in addition to the regular appropriation for the support of the public schools the Legislature shall provide an equalization fund, which shall be disbursed by the State Board of Education for the purpose of more

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nearly equalizing the educational opportunities of the children of the several counties of the State. The State Board of Education in its distribution of said equalization fund to county boards of education for the purpose of equalizing educational opportunities as between the several counties shall take into consideration the possible returns from taxable values for school purposes, the extent to which local tax aid has been utilized, the educational needs; and the local inequalities existing in the several counties. No county or independent system shall share in the equalization fund for any year unless it levies at least five mills for a local tax for its public schools for that year.

By Mr. Milner of Dodge-
Amend by striking the word "Legislature" wherever the same appears and substitute therefor the words "General Assembly".

Mr. Rivers of Lanier moved the previous question on the bill and all amendments and the motion prevailed.

The main question was ordered.

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

On the passage of the Bill the Ayes were 104, nays 3.

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

By Messrs. Lawton, Denmark and Alexander of Chatham--
House Bill Ko. 8. A Bill to amend the Constitution so as to permit Chatham County to issue bonds to pave the road from Savannah to Tybee, as follows:

WEDNESDAY, 1\L<\RCH 3, 1926.

79

A BILL TO BE ENTITLED
An Act to propose to the qualified voters of the State of Georgia an amendment to the Constitution of the State of Georgia to amend Article 7, Section 7, Paragraph 1, of the Constitution of the State of Georgia, as amended, by adding thereto the following words: "Provided the County of Chatham in this State can issue and sell, from time to time, bonds for the preparation for the paving and for the paving of Victory Drive, the road to Tybee, a public road of said County from the end of the present asphalt paving thereon at Thunderbolt, or Warsaw, to the beginning of the present asphalt paving at Tybee, with
concrete and I or asphalt and I or other suitable material,
without the said assent of two thirds of the qualified voters at an election called therefor, but upon a three fifths vote of the Commissioners of Chatham County and Ex-officio Judges, with these limitations: First, the bonds shall be serial bonds, to be retired annually within a term of not to exceed ten years, bearing a rate of interest not to exceed five per cent. per annum, but otherwise in form fixed by said Commissioners; second, the amount of such issue shall not exceed the contract price bid for such preparation for an
I or paving, by the lowest responsible bidder, upon com-
petitive proposals, after previous advertisement once a week for four weeks inviting such proposals, provided, nevertheless, said commissioners may use convict labor to
prepare and I or pave said road, in whole or in part, to-
gether with or apart from any contract therefor; third, the principal and interest of said bonds shall be first paid by reasonable tolls, which are hereby authorized to be imposed and collected by said Commissioners, for the use of said road and its bridges, and only the deficiency, if any, of such tolls to meet such payments and the cost of maintaining said road and its bridges shall be paid out of other funds of said county during the term of said bonds; fourth, such indebtedness when incurred shall not be considered

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in determining the power of said county to incur any other bonded indebtedness" and for other purposes.
Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same as follows:
Section 1. That Article 7, Section 7, Paragraph 1 of the Constitution of this State, as amended, be amended by adding thereto the following language:
"Provided the County of Chatham in this state can issue and sell, from time to time, bonds for the preparation for the paving and for the paving of Victory Drive, the Road to Tybee, a public road of said County, from the end of the present asphalt paving thereon at Thunderbolt, or Warsaw, to the beginning of the present asphalt paving
at Tybee, with concrete and I or asphalt and I or other
suitable material, without the said assent of two thirds of the qualified voters at an election called therefor, but upon a three fifths vote of the Commissioners of Chatham County and Ex-Officio Judges, with these limitations; First, the bonds shall be serial bonds, to be retired annually within a term of not to exceed ten years, bearing a rate of interest not to exceed five percent. per annum, but otherwise in form fixed by said Commissioners; second, the amount of such issue shall not exceed the contract price bid for such preparation for and/or paving, by the lowest responsible bidder, upon competitive proposals, after previous advertisement once a week for four weeks inviting; such proposals, provided, nevertheless, said commissioners may use convict labor to prepare andjor pave said road, in whole or in part, together with or apart from any contract therefor; third, the principal and interest of said bonds shall be first paid by reasonable tolls, which are hereby authorized to be imposed and collected by said Commissioners, for the use of said road and its bridges, and only the deficiency, if any, of such tolls to meet such payments, and the cost of maintaining said road and its

WEDNESDAY, MARCH 3, 1926.

81

bridges shall be paid out of other funds of said county during the term of said bonds; fourth, such indebtedness when incurred shall not be considered in determining the power of said county to incur any other bonded indebtedness".
Section 2. Be it further enacted by the authority aforesaid, That whenever the above proposed amendment to the Constitution shall have been agreed to by twothirds of the members elected to each of the two houses of the General Assembly, and the same has been entered on their journals, with the yeas and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each Congressional District of this State for two months next preceeding the time of holding the next General election.
Section 3. Be it further enacted by the authority aforesaid that the above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next General Election to be held after the publication as provided for in the second section of this Act, in the several election districts of this State, at which election every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment to Article Seven [7], Section Seven [7], Paragraph One [1], of the Constitution authorizing Chatham County to issue bonds to pave the Road to Tybee"; and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment of Article Seven [7], Section Seven [7], Paragraph One [1] of the Constitution authorizing Chatham County to issue bonds to pave the Road to Tybee".

82

JouRNAL OF THE HousE,

If a majority of the electors qualified to vote for members of the General Assembly voting thereon shall vote for the ratification of said proposed amendment, when the results shall be consolidated as now required by law in elections for members of the General Assembly, then said amendment shall become a part of Article Seven [7], Section Seven [7], Paragraph One [1] of the Constitution of this State, and, if ratified, the Governor shall, when he ascertains such ratification from the Secretary of State to whom the returns shall be referred in the manner provided as in elections for members of the General Assembly, to count and ascertain the result, make his proclamation of the result by publication in one of the daily papers of this State, announcing such result and declaring the amendment ratified. The said amendment, when ratified, shall be self executing and cumulative of the authority of said county to vote upon and issue bonds, as provided in Article Seven [7], Section Seven [7], Paragraph One. [1] of the Constitution.
Section 4. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

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

The bill, involving an amendment to the Constitution the roll call was ordered and the vote was as follows:

Affirmative-

Adams Alexander
Ander~on
Baker Bandy Barnard Barnett Barrett

Beck Bleasc Bloodworth Boswell Bower Brannen Brunson Burch

Camp of Clayton Camp of Cobb Chappell Childs Clark Collins Culpepper Daniel

WEDNESDAY, MARCH 3, 1926.

83

Davidson Davis of DeKalb Davis of Floyd Davis of Thomas Dekle Denmark Dorris of Douglas Dorsey Doyal DuBose Duncan Dykes Erwin Evans Flanders Fletcher Folks Gillen Grant Greer Grice Griffeth Griffin of Twiggs Griffin of Wilkes Griner Grovenstein Guillebeau Gullatt Hal\ Hamby Hamilton Hancock Haywood Head Henderson of Carroll Henderson of Irwin Hillhouse Hooper Howard of Long
Hulme Humphrey Hyman
Jackson Johnson of Appling
Johnson of Bacon

Johnson of Camden Jones of Cook Jones of Meriwether Kelley Kent Ketcham King Lanier Lankford Lawson Lawton Layton Lee of Clinch Lee of Screven Lewis of Colquitt Lewis of Gordon Lindsay Loyd Lumpkin Lyons McCluney McClure McCrory McElmurray McKoy McW'borter Maddox Malone Mann Martin Matthews Miller Milner Milton Murrah Napier New Newton Norman Oliver Owen Palmour
Parker Parrish Paschal

Peacock Perkins Peterson of Tift Phillips Pickering Quarterman Rampley Rice Ricketson Riley Rivers Roberts Ros.qer Russell Rhort Smith of Grady Smith of Madison Smith of Meriwether Smith of Talbot Spence Stanford Stanley Stark Steed Stone of L"nion Stovall Strickland of Pierce Swint Talmadge Taylor Thomas Tippins Traylor Trippe Trotter Tucker Turner Vaughn \\rarren
Weaver
Webb Weekes
West Westbrook Wheeler

84

JouRXAL OI<' THE HousE,

Whit.!' hard White Wilhoit

Wilkin Williams of Harris Williams of Walton

Wilson Winship
Zellar~<

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

On the passage of the Bill the ayes were 169, nays 0.

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

By Messrs. Smith of Talbot and Mallard of Charlton-
House Bill No. 16. A Bill to change the school fiscal year from July I, to the next June 30, inclusive.

Mr. Wilhoit of Warren moved to table the Bill.

Mr. Gullatt of Campbell moved that the House do now adjourn and the motion was lost.
The motion to table the bill, by Mr. Wilhoit of Warren, was lost.
Mr. Rivers of Lanier moved that the House do now adjourn and the motion was lost.
Mr. Gullatt of Campbell moved to table the Bill and the motion prevailed.
The bill was tabled.
Privileges of the floor were granted to Hon. James H. Boykin, of Lincoln County.
Mr. Doyal of Floyd moved that the House do now adjourn and the motion prevailed

"WEDNESDAY, MARCH 3, 1926.

85

Leave of absence was granted to Mr. Tippins of Evans, Mr. Lyons of Butts, Mr. Beck of Carroll, Mr. Peek of Polk, Mr. Evans of Screven, Mr. Howard of Long and Mr. Brown of Dade.

The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

86

JouRNAL OF THE HousE,

NINTH DAY.

REPRESENTATIVE HALL, ATLANTA, GA.,
THURSDAY, MARCH 4, 1926.

The House met pursuant to adjournment this day at 10:00 o'clock, A.M.; was called to order by the Speaker and opened with prayer by the Chaplain.

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

Adams Alexander Anderson Baker Bandy Barnard Barnett Barrett Beck Blease Bloodworth Boswell Bower Brannen Brunson Burch B'urgin Camp of Clayton Camp of Cobb Camp of Coweta Chappell Childs Clark Collins Cooper Culpepper Daniel

Davidson Davis of DeKalb Da,is of Floyd Davis of Thomas Dekle Denmark Dorris of Douglas Dorsey Doyal DuBose Duncan Dykes England Erwin Evans Ficklen Flanders Fletcher Flynt Folks Gillen Grant Grice Griffeth Griffin of Decatur Griffin of Twiggs Griffin of Wilkes

G'riner Grovenstein Guillebeau Gullatt Hall Hamby Hamilton Hancock Harris Hatcher Haywood Head Henderson of Carroll Henderson of Irwin Hillhouse Hooper Hopkins Howard of Chatta-
hoochee Howard of Long Hulme Humphrey Hyman Jackson Johnson of Appling Johnson of Camden Jones of Cook

THURSDAY, MARCH 4, 1926.

87

Jones of :\Ieriwether Kelley Kempton Kent Ketcham King Lanier Lankford Lawson Lawton Layton Lee of Clinch Lee of Screven Lewis of Colquitt Lewis of Gordon Lewis of Hancock Lindsay Logan Loyd Lumpkin Lyons McCluney McClure McCrory McElmurray McKoy McW'horter Maddox Mallard Malone Mann Martin Matthews Miller Milner Montgomery

Murrah Napier New Newton Norman Oliver Owen Palmour Parker Parrish Paschal Pate Peacock Perkins Peterson of Mont-
gomery Phillips Pickering Rainey Rampley Rawls Rice Ricketson Riley Rivers
Roberts Rosser Russell Short Smith of Grady Smith of Madison Smith of Meriwether Smith of Talbot Spence Stanford

Stark Steed Stone of Union Stone of Walton Stovall Strickland of Brantley Fitrickland of Pierce Swint Talmadge Taylor Thomas Traylor Trippe Trotter Tucker Turner Tyson Vaughn \Varren \\reaver Webb Weekes West \Yestbrook Wheeler Whelchel Whitchard White Wilhoit Williams of Harris Wilson Winship Wood Zellars Mr. Speaker

Mr. Wilhoit of Warren, Chairman of the Committee on Journals, reported that the Journal had been read and found correct.

By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.

88

JouRNAL oF THE HousE,

The Journal was confirmed.

By unanimous consent the following Bills and Resolutions of the House were introduced, read the first time and referred to their committees:

By ~Ir. Alexander of Chatham-
House Resolution No. 15. A Resolution authorizing and requesting the Department of Agriculture of the State of Georgia to publish in the Market Bureau Bulletin notices that will inform Spanish War Veterans, their widows and orphans of their rights to a pension from the United States Government.

By :Messrs. Lyons of Butts and Rampley of Habersham-
House Resolution No. 16. A Resolution requesting and directing Pension Commissioners to comply with provisions of Act approved August 15, 1904 referring to payment of accrued indebtedness to Confederate Veterans and their widows' orphans.

Mr. Davis of Floyd County, Chairman of the Committee on Education, submitted the following report:

Air. Speaker:
Your Committee on Education has had under consideration the following Bills of the House and has instructed me as chairman, to report the same back to the House with the recommendation that the same do pass:

House Bill No. 18, entitled an Act to authorize the State Board of Education to develop standards for school buildings for public schools, to provide for advisory assistance in the planning and construction of school houses, to provide for the approval or disapproval of plans submitted to them

THURSDAY, MARCH 4, 1926.

89

to provide ways and means therefor, and for other purposes, do pass.

House Bill No. 21, entitled an Act to amend an Act to create a system of public schools for the City of lVIarietta, so as to increase the tax levy therein, provided in Sec. 2 of said Amended Act from 5-20 of one per cent to 1-2 of one per cent on all taxable property and for other purposes, do pass.
Respectfully submitted,
.J. ScoTT DAvis of Floyd,
Chairman.

Mr. Lewis of Hancock County, Chairman of the Committee on State of Republic submitted the following report:

Mr. Speaker:
Your Committee on State of Republic has had under consideration the following Resolution of the House and has instructed me as chairman, to report the same back to the House with the recommendation that the same do pass:

House Resolution No. 8. Do pass.

Respectfully submitted, LEWIS of Hancock, Chairman,

By unanimous consent the following Bills and Resolutions of the House which were favorably reported were read the second time.

By Mr. Davis of FloydHouse Bill No. 18. A Bill to authorize the State Board

90

JouRNAL OF THE HousE,

of Education to develop standards for school buildings for public schools.

By Messrs. Head and Camp of Cobb-
House Bill No. 21. A Bill to amend an Act to create a system of Public Schools for the City of Marietta.

Mr. Dykes of Dooly County, Vice Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me as chairman, to report the same back to the House with the recommendation that the same do not pass:

House Resolution No. 6, by Mr. Hopkins of Thomas, A Resolution to adjourn sine die March 20, 1926.

Respectfully submitted, DYKES of Dooly, Vice-Chairman

By unanimous consent the following Bill of the House was withdrawn from the Committee on Appropriations and recommitted to the Committee on Pensions:

By Mr. Davis of DeKalb and others-
House Bill No. 31. A Bill to pay pensions to widows of Confederate Veterans who died after August 26, 1925, and for other purposes.

Under the regular order of business the following Resolution of the House was read the second time and adopted:

THURSDAY, MARCH 4, 1926.

91

By Mr. Griffin of Decatur-
House Resolution No. 8. A Resolution memoralizing Congress in regard to Muscle Shoals.

Under the regular order of business the following Resolutions were taken up for consideration:

By Mr. Hopkins of Thomas-
House Resolution No. 6. A Resolution providing that the General Assembly adjourn sine die March 20, 1926, at 6:00 o'clock, P. M.

Mr. Gullatt of Campbell moved the previous question on the Resolution and the motion prevailed.

The main question was ordered.

Mr. Standford of Lowndes moved the ayes and nays on the adoption of the Resolution.

The call was not sustained.

On the adoption of the Resolution the ayes were 18, nays 118.
The Resolution was lost.
By Mr. Martin of TroupHouse Resolution No. 17. A Resolution that the Gen-
eral Assembly adjourn sine die March 5, 1926.
On the adoption of the Resolution Mr. Xew of Laurens moved the ayes and nays.

The call was not sustained.

92

JouRNAL OF THE HousE,

On the adoption of the Resolution the ayes were 17, nays 118.

The Resolution was lost.

Under the regular order of business the following Bills and Resolutions were taken up for consideration and read the third time:

By Mr. Peterson of Montgomery--
House Resolution No. 9. A Resolution for the relief of Charlie Sharpe as surety on a bond.

The report of the Committee which was fa,orable to the passage of the Resolution was agreed to.

On the passage of the Resolution Mr. Flanders of Johnson moved the previous question and the motion prevailed.

The main question was ordered.

On the passage of the Resolution the ayes were 119, nays 1.

The Resolution having received the requisite Constitutional majority was paRsed.

By Mr. Griffin of Decatur, and others--
House Bill No. 17. A Bill to permit municipal or local independent school systems to repeal their independent systems and to merge into the County School Syst-em.

The amendment offered by the Committee was read and adopted.

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

THURSDAY, MARCH 4, 1926.

93

By unanimous consent the agreement to the report of the Committee which was agreed to, was reconsidered.

Mr. Stone of Walton moved to table the bill.

Privileges of the floor were granted to Hon. J. C. Wellborn of Hall County, Mrs. Alpha L. Traylor, of Richmond County, Hon. Jos. H. Thomas, of Jesup, Georgia, and Hon. Jas. R. Thomas of Wayne County.

Mr. Dykes of Dooly moved that the House do now adjourn and the motion prevailed, and House Bill No. 17 went over as unfinished business.

Leave of absence was granted to Mr. Beck of Carroll, Mr. Griffin of Wilkes, Mr. Owen of Pike, Mr. Riley of Sumter, Mr. Daniel of Troup, Mr. Brannen of Candler, Mr. Bloodworth of Wilkinson, Mr. Stark of Whitfield, Mr. Whitchard of Early, Mr. Lindsay of DeKalb, Mr. Grice of Tattnall, Mr. Wilson of 'Vilcox, Mr. Montgomery of Webster, and Mr. Clark of Laurens.

The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

94

JouRNAL OF THE HousE,

TENTH DAY.

REPRESENTATIVE HALL, ATLANTA, GA.,
FRIDAY, MARCH 5, 1926.

The House met pursuant to adjournment this day at 10:00 o'clock A.M.; was called to order by the Speaker and opened with prayer by the Chaplain.

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

Adams Alexander Anderson Baker Bandy Barnard Barnett Barrett Blease Bloodworth Boswell Bower Brown Burch Camp of Clayton Camp of Cobb Childs Clark Collins Culpepper Davidson Davis of DeKalb Davis of Floyd Davis of Thomas Dekle Denmark Dorris of Douglas

Dorsey Doyal DuBose Duncan Dykes England Erwin Evans Ficklen Flanders Fletcher Flynt Gillen Grant Griffeth Griffin of Decatur Griffin of Twiggs Griner Grovenstein Guillebeau Gullatt Hamby Hamilton Hancock Harris Hatcher Haywood

Head Henderson of Carroll Henderson of Irwin Hillhouse Hines Hooper Hopkins Howard of Chatta-
hoochee Howard of Long Hulme Humphrey Hyman Jackson johnson of Appling Johnson of Camden Jones of Cook Jones of Meriwether Kelley Kempton Kent Ketcham Lanier Lankford Lawson Lawton Layton

FRIDAY, MARCH 5, 1926.

95

Lee of Clinch Lee of Screven Lewis of Colquitt Lewis of Gordon LewiR of Hancock Lindsay
Lo~~:an
Loyd Lumpkin Lyons McCluney McClure McCrory McElmurray McKoy McWhorter Maddox Mallard Malone Mann Martin Matthews Miller Milner Milton Murrah Napier New Newton Norman

Oliver Owen Palmour Parker ParriRh Paschal Peacock Perkins Peterson of Mont-
gomery PhillipR Quarterman Rainey Rampley Rawls Rice Ricketson Riley Rivers Roberts Rosser Rountree Russell Short Smith of Grady Smith of Madison Smith of Meriwether Smith of Talbot Spence

Stanford Steed Stone of Walton Stovall Strickland of Brantley Strickland of Pierce Swint Talmadge Taylor Traylor Trippe Trotter Tucker Turner Vaughn Warren Weaver Webb Weekes West Wheeler Whelchel White Wilhoit Williams of Harris Wilson Wood Zellars Mr. Speaker

Mr. Wilhoit of Warren, Chairman of the Committee on Journals, reported that the Journal had been read and found correct.

By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.

The Journal was confirmed.

By unanimous consent the following Bills and Resolutions of the House were introduced, read the first time andreferred to their committees.

96

JouRXAL OF THE HousE,

By Mr. G. G. Bower of Decatur-
House Bill No. 32. A Bill to authorize the Mayor and Alderman of the City of Bainbridge to grade, pave and otherwise improve the streets sidewalks and alleys, and to issue bonds therefor.
Referred to Committee on Special Judiciary.

The following Resolution of the Senate was read the first time and referred to Committee:

By Mr. DeLaPerriere of the 33rd-
Senate Resolution No. 9. A Resolution memorializing Congress relative to Muscle Shoals.
Referred to Committee on State of Republic.

The following message was received from the Senate through Mr. McClatchey, the Secretary thereof:

Jfr. Speaker:

The Senate has passed by the requisite constitutional majority the follmling Resolutions of the House and Senate, to-wit:

By Mr. Zellars of Hart-
House Resolution No. 3. A Resolution, that Georgia's Representatives in Congress be urged to advocate passage of a bill now pending in Congress, declaring the Tugalo River to be a non-navigable stream.

By Mr. DeLaPerriere of 33rdHouse Resolution No. 9. .\ Resolution memorializing
Congress relating to Muscle Shoals.
Mr. T. J. AndersonofChattooga County, Chairman of the

FRIDAY, MARCH 5, 1926.

97

Committee on Pensions submitted the following report:

M.r. Speaker:
Your Committee on Pensions has had under consideration the following House Bill No. 31 and has instructed me as chairman, to report the same back to the House with the recommendation that the same do pass.

Respectfully submitted, T ..J. ANDERSON of Chattooga, Chairman.

By unanimous consent the following Bill of the House, favorably reported, was read the second time:

By Mr. Davis of DeKalb and others-
House Bill No. 31. A Bill to pay pensions to widows of Confederate Veterans who have died since August 26, 1925.

By unanimous consent House Bill No. 31 was recommitted to the Committee on Pensions.

By unanimous consent the following Bills of the House were read the third time and placed on their .passage:
By Messrs. Head and Camp of Cobb-
House Bill No. 20. A Bill to amend an Act creating a new Charter for the City of Marietta.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill the Ayes were 115, Nays 0.
The bill having received the requisite constitutional majority was pai>sed.

98

JouRNAL OF THE HousE,

By Messrs. Head and Camp of Cobb-
House Bill No. 21. A Bill to amend an Act to create a system of public schools for the City of Marietta.

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

On the passage of the bill the Ayes were 116, Nays, 0.

The bill having received the requisite constitutional majority was passed.
By Mr. Johnson of Appling-
House Bill No. 25. A Bill to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Appling.

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

On the passage of the bill the Ayes were 117, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Johnson. of Appling-
House Bill No. 26. A Bill to amend an Act to create a new Charter for the City of Baxley.

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

On the passage of the bill the Ayes were 118, Nays 0.
The bill having received the requisite constitutional majority was passed.

FRIDAY, MARCH 5, 1927.

99

By Mr. Gullatt of Campbell-
House Bill No. 27. A Bill to amend an Act to incorporate the City of Union City relative to the paving of streets.

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

On the passage of the bill the Ayes were 119, Nays 0.

The bill having received the requisite constitutional majority was passed.
By Mr. Lyons of Butts-
House Bill No. 28. A Bill to authorize the Mayor and Aldermen of the City of Jackson to pave or otherwise improve streets.

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

On the passage of the bill the Ayes were 120, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Spence of Mitchell-
House Bill No. 29. A Bill to amend an Act to create a new Charter for the Town of Baconton, Georgia, and for other purposes.

The report of the committee, which was favorable to the

passage of the bill, was agreed to.



On the passage of the bill the Ayes were 121, Nays 0.

The bill having received the requisite consitutional majority was paSsed.

100

JouRNAL OF THE HousE,

Under the regular order of business the following Resolution of the House was read and adopted.

By Mr. McCrory of Schley-
House Resolution No. 18. A Resloution that when the House adjourn today it shall stand adjourned until 11 :00 o'clock on Monday morning.

Under the order of unfinished business the following Bill of the House was again taken up for consideration:

By Mr. Griffin of Decatur and others-
House Bill No. 17. A Bill to permit local or independent schools to repeal their systems and merge into the County School System.

The motion to table the bill, by Mr. Stone of Walton, came over from yesterday's session.
The motion to table was lost.
Mr. Steed of Taylor moved the previous question on the bill and all amendments, and the motion prevailed.
The main question was ordered.

The following Amendments were read and adopted:

By the Committee-
Amend House Bill No. 17 by substituting the following section for. Section 3.

Section 3. Be it further enacted that where any local or independent system is repealed by and in the manner provided in this Act, the territory formerly included in such independent system shall become and constitute a school dis-

FRIDAY, MARCH 5, 1926.

101

trict of the county in which it is located and shall enjoy the same privileges and shall be governed by the same laws as other school districts in said.County including the authority to levy local taxes for school purposes provided that the rate for such taxation shall not exceed the rate allowed by law to other similar school districts.

By Mr. Rivers of Lanier-
Amend House Bill No. 17 by adding after the word "Mayor" in lines 10 and 11 of Section 1, the following words to-wit: "Or other executive Officer".

By Mr. Hooper of Fulton-
Amend House Bill No. 17 by adding the following proviso: Provided that nothing herein contained shall apply to counties having a population of 200,000, or more according to the last or any other U. S. Census.

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

On the passage of the Bill, as amended, theA.yeswere 104, Nays 10.

The Bill having received the requisite constitutional majority was passed, as amended.
By unanimous consent the bill was ordered to be immedi ately transmitted to the Senate.
Under the regular order of business the following Resolu.tion of the House was taken up for consideration:

By Mr. Miller of Muscogee--
House Resolution No. 19. A Resolution to request the Governor to include the needs of the Service Bureau in an amended call if one is made.

102

JouRXAL OF THE HousE,

The previous question was called and the main question was ordered.

The Resolution was lost.

Mr. Humphrey of Emanuel moved that the House do now adjourn and the motion prevailed.

Leave of absence was granted to Mr. Short of Baker, Mr. Traylor of Richmond and Mr. Talmadge of Jasper.

The Speaker announced the House adjourned until 11 :00 o'clock Monday morning.

MoNDAY, MARCH 8, 1926.

103

THIRTEENTH DAY.

REPRESENTATIVE HALL, ATLANTA, GA.,
MoNDAY, MARCH 8, 1926.

The House met pursuant to adjournment this day at 11 :00 o'clock A. M.; was called to order by the Speaker and opened with prayer by the Chaplain.

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

.\dams Anderson Andrews Baker Bandy Barnard Barrett Beck Blease Bloodworth Boswell Bower Brunson Burch Camp of Clayton Camp of Cobb Camp of Coweta Chappell Childs Clark Collins Culpepper

Daniel Davidson Da..,;s of DeKalb Davis of Floyd Davis of Thomas Dekle Dorris of Douglas Doyal DuBose Duncan Dykes England Erwin Evans Ficklen Flanders Fletcher Flynt Gillen Grant Griffeth Griner

Grovenstein Gullatt Hamby Hamilton Hancock Harris Hatcher Head Henderson of Carroll Hillhouse Hines Hooper Hopkins Howard of Chatta-
hoochee Humphrey Hyman Johnson of Bacon Johnson of Camden Jones of Cook Jones of Meriwether Kelley

104

.JouRNAL OF THE HousE,

Kempton Kent Ketcham Lanier Lankford Lawton Lee of Clinch Lewis of Colquitt Lewis of Hani'OI'k Lindsay Logan Loyd Lumpkin Lyons McCluney McClure McElmurray McElvey McKoy :\-IcWhorter :\-laddox .Mallard :\-Ialone :\-!ann Martin :\-fatthews Miller Milner Milton
:\-lontgomer~
:\lurrah

~apier
Xew Xewton
~orman
Owen Palmour Parker Pate Peacork Peek Peterson of Mont-
gomery Peterson of Tift Phillips Pilcher Pickering
(~uarterman
Rainey Hampley
Haw)~
Hicketson Rivers Hoberts Hosser Hountree Russell Smith of Grady Hpence Htanford Stark Stone of l"nion

Stone of Walton Stovall Strickland of Hrantley Swint TalmadgP Taylor Thomas Traylor Trippe
Trott~r
Tucker Turner Tyson Vaughn \Varren \Veaver Webb Weekes West Westbrook \VhePier White Wilhoit Wilkin Williams of Harris Williams of Walton Wilson Winship Wood :\1r. Speaker

Mr. Wilhoit of Warren, Chairman of the Committee on Journals reported that the Journal had been read and found correct.

By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.

The Journal was confirmed.

Mr. Milner of Dodge gave notice under Rule 199 that on tomorrow morning he would ask the House to instruct the

MoNDAY, MARCH 8, 1926.

105

Committee on Amendments to the Constitution to report House Bills Nos. 5, and 3, and House Resolntions Nos. 14, 15, and 6, the same having been in the Committee for ten days or longer.

By unanimous consent the following was established as the order of business during the 30 minutes period of unanimous consents:

1. Introduction of new matter under the Rules.



2. Reports of Standing Committees.

3. Reading of House and Senate Bills and Resolutions,

favorably reported, the second time.

4. Passage of uncontested local House and Senate Bills and Resolutions and general House and Senate Bills and Resolutions having a local application.

5. First reading of Senate Bills and Resolutions.

Mr. Mallard of Charlton, Chairman of the Committee on Enrollment, submitted the following report:

]t.fr. Speaker:
The Committee on Enrollment has examined, found properly enrolled, duly signed, and ready for delivery to the Governor, the following Act of the House to-wit:

By Mr. Culpepper of Fayette-
House Bill No. 1. An Act to discount the rentals of the Western and Atlantic Railroad for a period of six years, for the purpose of paying past due pensions to Confederate Veterans.
S. E. MALLARD,
Chairman

106

JouRNAL OF THE HousE,

By unanimous consent the following Bills and Resolutions of the House and Senate were read the first time and referred to their committees.

By Mr. Henderson of Irwin and others-
House Resolution No. 20. A Resolution to pay pension to Mrs. Mary McCormic.
Referred to Committee on Pensions.

By Mr. Humphrey of Emanuel-
House Bill No. 33. A Bill to amend an Act to incorpo-
rate the City of Swainsboro in the County of Emanuel.
Referred to Committee on Municipal Government.

By Mr. Harrell of the 12th-
Senate Bill No. 5. A Bill to permit municipal or local independent school systems to merge into County School Systems.
Referred to Committee on Education.

The following resolutions were introduced, read the first time, and ordered to lie on the table at least one day:

By l\lr. Wilhoit of Warren--
House Resolution No. 21. A Resolution requesting the Governor to furnish a list of twenty-two counties in this State to which federal aid funds have been pledged for a period of eight years and State funds for a period of four years.

By Mr. l\Iatthews of Haralson-
House Resolution No. 22. A Resolution requesting the State Auditor to furnish information as to funds received by the State Highway Department for the year 1925.

:\Io~DAY, MARCH 8, 1926.

107

Mr. T. J. Anderson of Chattooga County, Chairman of the Committee on Pensions submitted the following report:

Mr. Speaker:
Your Committee on Pensions has had under consideration the following House Bill No. 31 and has instructed me as chairman, to report the same back to the House with the recommendation that the same do pass as amended.

House Bill No. 31 do pass as amended.

Respectfully submitted,
J. A~DERSON I
Chairman .

The following message was received from the Senate through Mr. McClatchey, the Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bill of the House to-wit:
By Mr. Culpepper oi Fayette-
House Bill No. 1. A Bill to be entitled an Act to authorize the Governor to set apart, sell and discount the rental of theW. & A. Railroad for six years, and to provide for the expenditure of the fund arising therefrom, and for other purposes.

The following message was received from the Senate through Mr. McClatchey, the Secretary thereof:
.~!r. Speaker:
The Senate has passed by the requisite constitutional majority the following Resolution of the House and Bill of the Senate to-wit:

108

JouRNAL OF THE HousE,

By Mr. Wood of Fulton and others-
House Resolution No.2. A Resolution to indorse movement to establish National Soldier's and Sailors' Home at Atlanta, Ga., and for other purposes.

By Mr. Harrell of the 12th-
Senate Bill No. 5. A Bill to permit municipal or local independent school systems to repeal their independent systems and to merge into the County School System, and for other purposes.

Under the regular order of business the following Bill of the House was taken up for consideration and read the third time:
By Mr. Davis of Floyd-
House Bill No. 18. A Bill to authorize the State Board of Education to standardize school buildings for public schools, and for other purposes.

Mr. Lanier of Columbia moved the previous question and the motion prevailed.

The main question was ordered.

Mr. Davis of Floyd moved that the House reconsider its action in ordering the main question and the motion prevailed.

Mr. Rawls of Seminole moved that the House do now adjourn and the motion was lost.
Mr. Lanier of Columbia moved the previous question on the Bill and pending amendments.
Mr. Davis of Floyd moved to table the bill and the motion prevailed. The Bill was tabled.

.MONDA1, MARCH 8, 1926.

109

Privileges of the floor were granted to Hon. S. W. Wood of Coweta County, and Hon. J. J. Sweat of Clinch County.

Mr. Doyal of Floyd moved that the House do now adjourn and the motion prevailed.

Leave of absence was granted to Mr. Dorsey of White, Mr. Kelley of Gwinnett, Mr. Lewis of Colquit, Mr. Passmore of Worth, and Mr. Steed of Taylor.

The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

110

JouRNAL oF THE HousE, FouRTEENTH DAY.

REPRESENTATIVE HALL, ATLANTA, GA.
TuESDAY, MARCH 9, 1926.

The House met pursuant to adjournment this day at 10:00 o'clock A. M., was called to order by the Speaker and opened with prayer by the Chaplain.

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

Adams Alexander Anderson Andrews Baker Bandy Barnard Barnett Barrett Beck Blease Bloodworth Boswell Bower Brannen Brown Brunson Burch Camp of Clayton Camp of Cobb Camp of Coweta Chappell Childs Clark Collins Culpepper Daniel Davidson

Davis of DeKalb Davis of Floyd Davis of Thomas Dekle
Dorris of Dou!!;las DuBose Duncan Dykes England Erwin EYans Ficklen Flanders Fletcher Flynt Gillen Grant Gillen Grant Griffeth Griffin of Wilkes Griner Grovenstein Guillebeau Gullatt Hall Hamby

Hamilton Hancock Harris Hatcher Haywood Head Henderson of Carroll Hillhouse Hines Hooper Hopkins Howard of Chatta-
hoochee Howard of Long Hulme Hulme Humphrey Hyman Jackson James Johnson of Bacon Johnson of Camden Jones of Cook Jones of Meriwether Kelley Kempton Kent Ketcham

TuESDAY, MARCH 9, 1926.

111

Lanier Lankford Lawson Lawton Layton Lee of Screven Lewis of Gordon Lewis of Hancock Lindsay Logan Loyd Lumpkin Lyons McCluney McClure McCrory McElmurray McElvey McKoy McW\.orter Maddox Mallard Malone Mann Martin Matthews Miller Milner Milton Montgomery Murrah Napier New Newton

Norman Oliver Owen Palmour Parker Parrish Paschal Pate Peacock Peek Perkins Peterson of Mont-
gomery Peterson of Tift Phillips Pile her Pickering Quarterman Hainey Hampley Hawls Ricketson Riley Rivers Roberts Rosser Russell Short Smith of Grady Smith of Meriwether Hmith of Talbot Spence Stanford Stark

Htone of \\'alton Htovall Htrickland of Brantley l'lwint Talmad11:e Taylor Tippins Traylor Trippe Trotter Tueker Turner Tyson Vaughn Warren \Yeaver Webb Weekes West Westbrook Wheeler Whelchel Whitchard White Wilhoit Wilkin Williams of Harris Williams of \\'alton Wilson Winship Wood Zellars Mr. Speaker

Mr. Wilhoit of Warren, Chairman of the Committee on Journals, reported that the Journal had been read and found correct.

By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
The Journal was confirmed.

112

JouRNAL oF THE HousE,

By unanimous consent the following was established as the order of business during the first part of the period of unanimous consents:

1. Introduction of new matter under the Rules.
2. Reports of Standing Committees.
3. Reading of House and Senate Bills and Resolutions, favorably reported, the second time.
4. Passage of uncontested local House and Senate Bills and Resolutions and general House and Senate Bills and Resolutions having a local application.
By unanimous consent the following Resolution of the House was introduced, read the first time, and referred to the Committee on General Agriculture, No. 2:

By Mr. Traylor of Richmond-
House Resolution No. 24. A Resolution directing the Public Service Commission to investigate freight rates, and for other purposes.

Mr. Anderson of Chattooga County, Chairman of the Committee on Pensions, submitted the following report:

Mr. Speaker: Your Committee on Pensions has had under considera-
tion the following Resolution of the House and has instructed me as chairman, to report the same back to the House with the recommendation that the same do pass.
House Resolution No. 20. Mrs. Mary McCormick. Pension, do pass.
Respectfully submitted,
ANDERSON of Chattooga,
Chairman.

TuESDAY, MARCH 9, 1926.

113

Mr. Smith of Grady County, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bill of the House, and has instructed me as chairman, to report the same back to the House with the recommendation that the same do pass:

House Bill No. 32. A Bill to authorize the City of Bainbridge to pave the streets, do pass.

Respectfully submitted, SMITH of Grady,

Chairman.

By unanimous consent the following Bills and Resolutions of the House, favorably reported, were read the second time:
By Mr. Henderson of Irwin and others-
House Resolution No. 20. A Resolution to pay a pension to Mrs. Mary McCormick.

By Mr. Bower of Decatur-
House Bill No. 32. A Bill to authorize the :Mayor and Council of the City of Bainbridge to issue bonds to pave streets and for other purposes.

Under the regular order of business the following Resolutions of the House were read and adopted:

By Mr. Wilhoit of Warren and Mr. Martin of Troup-House Resolution No. 21. A Resolution requesting infor-

114

JouRNAL oF THE HousE,

mation from the Governor and State Highway Department in regard to certain Counties receiving State and Federal Aid road funds.

By Mr. Matthews of Haralson-
House Resolution No. 22. A Resolution requesting information from the State Auditor in regard to amount of funds received in the Highway Department.

Under the regular order of business the following Bills and Resolution of the House were read:

By Mr. Milner of Dodge-
House Resolution No. 23. A Resolution instructing the Committee on Amendments to the Constitution to report House Bill No. 3 back to the House immediately.

Mr. Russell of Barrow moved to postpone consideration until tomorrow morning, and the motion was lost.

The previous question was called and the main question was ordered.

On the adoption of the Resolution, Mr. Milner of Dodge called for the ayes and nays and the call was sustained.

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

Affirmative--
Beck Bower Brown Camp of Cobb Chappell Childs Daniel Dorris of Douglas

Fletcher Flynt Grant Hancock Hillhouse Hines Hulme Ketcham

Lanier Lewis of Hancock McCluney McCrory McElmurray . McKoy Martin Matthews

TuESDAY, MARCH 9, 1926.

115

Milner New Newton Norman Oliver Parker Peek Peterson of
gomery

Mont-

Phillips Rainey Ricketson Rosser Short Stovall Swint Talmadge

Tippins Traylor Trotter West Whelchel Whitchard Wilhoit Wilson

Negative-
Adams Alexander Anderson Andrews Baker Bandy Barnard Barrett Blease Bloodworth Camp of Clayton Camp of Coweta Culpepper Davis of DcKalb Davis of Thomas Dekle
DuBose Duncan England Erwin Ficklen .Flanders Gillen Griffeth Griner Grovenstein Guillebeau Hall Hamby Hamilton Hatcher Head

Henderson of Carroll Hooper Hopkins Howard of Chatta-
hoochee Howard of Long Humphrey Hyman Jackson James Johnson of Bacon .Johnson of Camden Jones of Cook Jones of Meriwether Kent Lankford Lawson Lawton Lewis of Gordon Lindsay Loyd Lumpkin Lyons McClure McElvey Mc"\\'norter Maddox Mallard Malone Mann Miller Milton Montgomery

Murrah Napier Palmour Parrish Paschal Pate Peacock Perkins Peterson of Tift Pilcher Pickering Quarterman Rawls Rivers Roberts Russell Smith of Grady Smith of l\IeriwethPr Smith of Talbot Stanford Stark Stone of Walton Strickland of Brantley Taylor Thomas Trippe Tucker Turner Tyson Vaughn Warren \Veaver Webb

116

JouR;o.;AL oF THE HousE,

Weekes Westbrook Wheeler

\Yhite Wilkin Williams of Harris

Williams of Walton Wood Zellars

On the adoption of the Resolution the ayes were 48, nays 107.

The Resolution was lost.

Under the regular order of business the following Bills and Resolution of the House were taken up for consideration and read the third time:

By Messrs Dekle and Stanford of Lowndes-
House Bill No. 24.
A BILL
To be entitled an Act to propose to the qualified voters of this State an Amendment to Article Seven (7), Section Seven (7) Paragraph One (1), of the Constitution of Georgia, authorizing the County of Lowndes, or the City of Valdosta, or both, to increase the bonded indebtedness of said County of Lowndes, or City of Valdosta, or both, for the purpose of aiding in the establishing, maintaining, or endowing an educational institution of college rank, located or to be located within said County, whether same be owned or controlled by the State, County or City, or not owned or controlled by the State, County or City, and as a memorial to Woodrow Wilson, provided said educational institution be non-sectarian and non-denominational.
Section 1
Section 1. Be it enacted by the General Assembly, and it is hereby enacted by authority of the same, that Article Seven (7), Section Seven (7), Paragraph One (I), of the Constitution of Georgia be and the same is hereby amended by adding thereto the following words: "And except that the County of Lowndes or the City of Valdosta or both may incur a bonded indebtedness in addition to the debts herein

TuESDAY, MARCH 9, 1926.

117

in this paragraph allowed to be incurred, in an amount in the aggregate not exceeding one million dollars ($1,000,000.00), for the purpose of aiding in establishing, maintaining or endowing an educational institution of college rank, located or to be located within said County, whether same be owned or controlled by the State or County or City or not owned by the State or County or City, and as a memorial to Woodrow Wilson, provided said educational institution be non-sectarian and non-denominational, and provided such indebtedness shall not be incurred except with the assent of a majority of the qualified voters of said County or said City, as the case may be, and the assent of two-thirds ~2-3) of the qualified voters of said County or of said City, actually voting at an election, or elections, for that purpose to be held as may now or may hereafter be prescribed by law for the purpose of incurring new debts by any County or municipality within this State. In the event this Amendment be ratified and becomes a part of the Constitution, and in the event the bonds provided for are authorized, validated and sold as provided by law by said County of Lowndes, or City of Valdosta or both, the County Commissioners of Roads and Revenues of said County, or the Mayor and Council of said City of Valdosta, as the case may be, may pay over the proceeds of the sale of said bonds to the Board of Trustees of such educational institution."
Section 2. Be it further enacted by the authority aforesaid, that when said amendment be agreed to by two-thirds (2-3) vote of the members elected to each House, it shall be entered upon the Journal of each House with the ayes and nays thereon and published in one or more newspapers in each congressional district of this State for two months previous to the time for holding the next general election and shall at the next general election be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed Amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment to Article Seven,

118

JouRNAL OF THE HousE,

(7), Section Seven, Paragraph One of the Constitution, authorizing the County of Lowndes, or the City of Valdosta, or both, to increase the bonded indebtedness of the said County of Lowndes or City of Valdosta, or both for the purpose of aiding in establishing, maintaining or endowing an educational institution of college rank," and all persons opposed to the adoption of said Amendment shall have written or printed on their ballots the words, "Against ratification of Amendment to Article Seven, Section Seven, Paragraph One, of the Constitution, authorizing the County of Lowndes or the City of Valdosta, or both, to increase the bonded indebtedness of the said County of Lowndes, or City of Valdosta, or both, for the purpose of aiding in establishing and maintaining or endowing an educational institution of college rank," and if a majority of the electors qualified to vote for members of the General Assembly, thereon, shall vote for ratification thereof, when the result shall be consolidated as now required by law in elections for members of the General Assembly, then said Amendment shall become a part of Article Seven, Section Seven, Paragraph One, of the Constitution of this State, and the Governor shall make proclamation therefor as provided by law.
Section 3. Be it further enacted that all laws or parts of laws in conflict herewith are repealed.
The report of the Committee which was favorable to the passage of the Bill was agreed to.
The Bill involving an amendment to the Constitution, the roll call was ordered and the Yote was as follows:

Affirmative----
Adams Alexander Anderson Andrews Baker Bandy

Barnard Barrett Heck Blease Bloodworth Boswell

Bower Brown Brunson Burch Camp of Clayt.ou Camp of Cohh

TuESDAY, MARCH 9, 1926.

119

Camp of Coweta Chappell Childs Collins Culpepper Davidson Davis of DeKalb Davis of Floyd Davis of Thomas Dekle DuBose England Erwin Ficklen Flanders Fletcher Gillen Grant Griner Grovenstein Guillebeau Hall Hambl Hamilton Hancock Haywood Head Henderson of Carroll Hillhouse Hines Hooper Hopkins Howard of Chatta-
hoochee Howard of Long Hulme Humphrey Hyman Jackson James Johnson of Bacon Johnson of Camden Jones of Cook Jones of Meriwether

Kent Ketcham Lanier Lankford Lawson Lawton Lewis of Gordon Lewis of Hancock Lindsay Loyd Lumpkin Lyons McCluney McClure McCrory McElmurray McElvey McKoy McWhorter Maddox Mallard Malone Mann Martin Matthews Milner Milton Montgomery Murrah ~a pier New Newton Norman Oliver Owen Palmour
. ParHsh Paschal Perkins Peterson of Tift Phillips Pilcher Pickering

Quarterman Rainey Rawls Ricketson Rivers Roberts Rosser Russell Hhort Smith of Grady Smith of MeriwethPr Smith of Talbot Hpence Stanford Htone of Walton Hwint Talmadge Taylor Thomas Tippins Traylor Trippe Trotter Tucker Tyson Vaughn \Varren \Veaver Webb Weekes West Wheeler Whelchel Whitchard Wbite Wilhoit Wi)kin Williams of Harris
Wilson Winship Wood Zellars

120

.JouRNAL OF THE HousE,

On the_passage of the Bill the ayes were 147, nays 0.
The bill having received the requisite two-thirds Constitutional majority was passed.

By Messrs. Davis of DeKalb, Lanier of Columbia, and others-
House Bill No. 31. A Bill to pay pensions to widows of Confederate Veterans, and for other purposes.
Mr. Martin of Troup moved the previous question.
Mr. Davis of DeKalb moved that the House do now adjourn.
Privileges of the floor were granted to Hon. Tom Newton, Hon. John P. White, and Rev. John T. Verdette of Jasper County.
Leave of absence was granted to Mr. Peek of Polk.
The motion to adjourn by Mr. Davis of DeKalb prevailed and the bill went over as unfinished business with the motion for the previous question pending.
The Speaker announced the House adjourned until tomorning at 10:00 o'clock.

'WEDXESDAY, MARCH 10, 1926.

121

REPRESENTATIVE HALL, ATLAXTA, GA.,
WEDNESDAY, MARCH 10, 1926.
The House met pursuant to adjournment this day at 10:00 o'clock A.M.; was called to order by the Speaker and opened with prayer by the Chaplain.
On motion the call of the roll was dispensed with.
Mr. Wilhoit of Warren, Chairman of the Committee on Journals, reported that the Journal had been read and found correct.
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
The Journal was confirmed.
By unanimous consent the following was established as the order of business during the first part of the period of unanimous consent:
1. Introduction of new matter under the Rules.
2. Reports of Standing Committees.
3. Reading of House an.d Senate Bills and Resolutions, favorably reported, the second time.
4. Passage of uncontested local House and Senate Bills and Resolutions and general House and Senate Bills and Resolutions, having a local application.
5. First reading of Senate Bills.

By unanimous consent the following bills were introduced read the first time, and referred to their committees.
By Messrs. Rice and Hancock of JacksonHouse Bill No. 34. A Bill to amend the Charter of the
City of Commerce. Referred to Committee on Municipal Government.

122

JouRNAL OF THE HousE,

By Mr. Perkins of JenkinsHouse Bill N"o. 35. A Bill to amend the Act creating a
new. Charter for the City of Millen. Referred to Committee on Municipal Government.
The following message was received from the Senate through Mr. 1\IcClatchey, the Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Resolutions and Bill of the House to-wit:

By Mr. Peterson of Montgomery-
House Resolution No. 9. A Resolution relieving Charley Sharp as surety on bond of Arthur Sharp.

By Mr. Griffin of Decatur-
House Resolution No. 8. A Resolution memorializing Congress on Muscle Shoals.
By Messrs. Culpepper of Fayette and Lankford of Toombs-
Hause Bill No. 2. A Bill to authorize and require the General Assembly to make an extra appropriation to the common school fund for the purpose of equalizing the educational opportunities to the children of the several counties of this State.
Mr. Jones of .Meriwether County, Chairman of the Committee on Amendments to the Constitution submitted the following report:
Afr. Speaker:
Your Committee on Amendments to the Constitution has had under consideration the following Bills of the House and has instructed me as chairman, to report the same back to he House with the recommendation that the same do pass:

WEDNESDAY, l\IARCH 10, 1926.

123

House Bill No. 3, proposal to amend the Constitution to authorize Bonds for Educational purposes, do pass by substitute.
House Bill No. 14, to provide a bond issue for prompt payment of teachers, do pass.
Respectfully submitted,
W. R. JoxEs of Meriwether,
Chairman.

The following Bills of the House, favorably reported, were read the second time.

By Mr. Barrett of Stephens-
House Bill No. 3. A Bill proposing $8,000,000,00 Education Amendment to Article 7, Section 12, Paragraph 1.
By Messrs..Jones and Smith of Meriwether, Culpepper of Fayette, Rivers of Lanier-
Hause Bill No. 14. A Bill to amend Paragraph 1, Article 7. Section 12, of the Constitution of the State of Georgia by providing for a bond issue.
By unanimous consent the following Bill of the House was read the third time and placed on its passage:

By Mr. Bower of Decatur-
House Bill No. 31. A Bill to amend the Charter of the City of Bainbridge so as to issue bonds for the purpose of paving.
The report of the Committee which was favorable to the passage of the Bill was agreed to.
On the passage of the Bill the ayes were 115, nays 0.

124

JouRNAL OF THE HousE,

The Bill having received the requisite Constitutional majority was passed.
The following Resolution was introduced, read the first time, and ordered to lie on the table at least one day:

By Mr. Howard of Chattahoochee-
House Resolution No. 25. A Resolution instructing the State Auditor to secure and furnish the House with certain information regarding the pension rolls of 1922, 1923, 1924, and 1925.
By unanimous consent the above Resolution was taken up for immediate consideration.
The Resolution was adopted.

Under the order of unfinished business, the following Bill

of the House was again taken up for consideration; with the

motion for the previous question, by Mr. Lanier ofoColumbia

pending:





By Messrs. Davis of DeKalb, Lanier of Columbus, Howard of Chattahoochee, et al-
House Bill No. 31. A Bill to provide for payment of certain past due pensions to Confederate Veterans.
The motion for the previous question prevailed and then main question was ordered.
Mr. Howard of Chattahoochee moved that the House reconsider its action in ordering the main question, and the motion prevailed.
Mr. Lindsay of DeKalb moved to table the Bill and the motion was lost.
Mr. Howard of Chattahoochee moved that the consideration of the Bill and pending Amendments be postponed until Tuesday morning, March 16, and the motion prevailed.

WEDNESDAY, MARCH 10. 1926.

125

Under the regular order of business the following Resolution of the House was taken up for consideration and read the third time:

By Messrs. Henderson of Irwin, Tucker of Berrien, and others-
House Resolution No. 20. A Resolution to pay Mrs. Mary McCormick, of Irwin County, a pension.
Mr. Tucker of Berrien moved that consideration of this Resolution be postponed until Tuesday morning, March 16, and the motion prevailed.
Mr. Barrett of Stephens mo\'ed that House Bill No. 16 be taken from the table and the motion was lost.
By unanimous consent 300 copies of House Bill No. 3 and the Committee substitute; 300 copies of House Bill No. 14; 300 copies of the communication by the State Highway Board under House Resolution No. 21; and 300 copies of the communication from the State Auditor under House Resolution No. 22 was ordered printed.
The following Resolution of the House was read and adopted:

By Messrs. Rawls of Seminole, Hillhouse of Worth, and Wilhoit of Warren-
House Resolution No. 26. A Resolution that when the General Assembly adjourn on Thursday, March 11, it will stand adjourned until Monday morning, March 15, 1926, at 11:00 o'clock.
The following message was received from the Senate through Mr. McClatchey, the Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Resolution of the House to-wit:

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JouRNAL OF THE HousE,

By Mr. Rawls of Seminole-
House Resolution No. 26. A Resolution providing that when the General Assembly adjourns Thursday, it will stand adjourned until Monday morning.

The following communication from the State Highway Board, in compliance with House Resolution No. 21, was read:
INFORMATION UNDER H. R. NO. 21.
Hon. W. Cecil Neill, Speaker, House of Representatives, State Capitol, Atlanta, Ga.

My Dear Mr. Speaker:
Complying with Resolution No. 21 passed by the House, I submit the following:
The State Highway Board has not allotted to twenty-two counties in the State all Federal funds for a period of eight years or all State funds for a period of four years.
The attached report from the Secretary of the Board gives a copy of all resolutions passed by the Board allocating funds of the State Highway Department.
The pledge to Lamar, Bibb, Monroe and Clayton Counties for funds will be carried out in 1926. The pledge to Crisp and Schley, will also be carried out during this year.
In Coweta County the section of road between Palmetto and Newnan was completed the early part of this year. The section between Moreland and Grantville will be constructed later on.
Tift County projects will cost $450,000.00. The county will pay $100,000.00 in cash and $50,000.00 in work. State and Federal funds on this project will be 300,000.00.

"WEDNESDAY, MARCH 10, 1926.

127

About one-half the funds pledged by the State will be paid in 1926. The balance of the work will be completed in 1928.
For Mitchell County, $300,000.00 is pledged to the county to be spent over a period of three years. About one-half of this amount will be spent out of funds of 1925 and 1926.

Rabun County contract has been left for all grading, bridge and drainage structures, all of which will be paid for out of 1926 funds, County, State and Federal.

In Jefferson County, $750,000.00 will be spent in three years or as soon thereafter as funds are available.
On the Coastal Highway, $2,600,000.00 will be spent of State and Federal funds over a period of five years or as soon thereafter as funds become available. This work is in accordance with Acts of the General Assembly.
An Elbert County project will be built in 1926 and 1927 or as soon thereafter as funds are available.

In Habersham County, $600,000.00 will be spent in four years or after that as funds become available.

The State Highway Board is co-operating with the different counties of the State which have made request for State and Federal funds or these counties have been assured of cooperation when funds become available.

Trusting that this is the information desired by the House, I am,
Yours truly,

STATE HIGHWAY BOARD,
By JOHX N. HOLDER, Chairman

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JouRNAL OF THE HousE,

EAsT PoiNT, GA., MARCH 8, 1926.

Seward M. Smith, Secretary-Treasurer,

Hon. John N. Holder, Chairman S. H. Board.

In compliance with your request of this date for the list of the counties which the Board has, by proper resolution, agreed to co-operate with by furnishing State and Federal Aid which extends beyond the year 1926, the minutes of the State Highway Board show the following:

Colquitt Stewart Worth Emanuel Jefferson Tift Grady Crisp

Schley Elbert Coweta Rabun Coastal Highway Habersham Mitchell

You will find attached hereto excerpt of Board minutes showing the above.

Yours very truly,

STATE HIGHWAY BoARD,

SEWARD M. SMITH, Sec.-Treas.

COLQUITT COUNTY.
Adopted January 29, 1926.
Colquitt County having made application to this Board to hard surface the road from the Worth County line to the Brooks County line, which work will, it is estimated, cost $ .................... , said county agreeing to pay% of the cost of same,
RESOLVED, That the Board grant said application upon the terms proposed and will make the appropriation out of the funds as they become available.

WED."'TESDAY, MARCH 10, 1926.

129

WORTH COUNTY.
Adopted January 29, 1926.
Worth County having made application to this Board to hard surface the road from Sylvester to the Colquitt County line, which "'ork will, it is estimated, cost $ .............. , said county agreeing to paythe cost of same,
RESOLVED, That the Board grant said application upon the terms proposed and will make the appropriation out of the funds as they become available.

EMANUEL COUNTY.
Adopted January 8, 1926.
RESOLVED, That the State Highway Department, out of its first available funds, will as soon as practicable, acting with justice to the whole State of Georgia, pave the highways of Emanuel County, the county agreeing to provide 7.;1 of the cost of same.

JEFFERSON COUNTY.
Adopted December, 1925.
WHEREAS, Jefferson County is issuing and selling :$250, '.100.00 of bonds and will have the cash equivalent therefor )} hand \vithin a very short time, the proceeds of which are
ti, be used in hard surfacing and otherwise improving the !; .ate Highways within Jefferson County, which work is to
,e done with the aid of State and Federal funds in the proortion of 25% from Jefferson County, 25% from the State >-Iighway Department, and 50% from the Federal road funds .>aid improvements to cost approximately $1,000,000.00, and
. WHEREAS, The State Highway Department has not sufficient funds to make an allotment to complete project from Patterson's bridge to the Emanuel County line in one,
) or even t\vo years, and

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JouR.'\AL OF THE HousE,

\YHERK\~, It is not desirable that Jefferson County keep on hand this considerable sum of money, but the same should be imested as soon as possible in the purchase of pa,ed roads in the county, and
WHERK\S, Large nmnber of counties are voting bonds for road building, and the chances are that for the next few years there "ill be such a demand on the Highway Department for State and Federal funds that each county can only be allotted a small percentage of its requirements, even though the Federal Aid should not be \Vithdrawn by Congress, therefore be it
RESOLYED, That the Board of County Commissioners of Jefferson County turn over to the State Highway Department of Ceorgia the entire proceeds from the issue of of said bonds, when sold, on the following conditions:
1. That the State Highway Department allot not less than $200,000.00 of State and Federal Funds for 1926 to be m>ed on the paving project in .Jefferson County, which allotment, together with the above mentioned funds of .Jefferson County, making a total expenditure of one-half million dollars in said county during; 1926, said funds to be available at once.
2. That the State Highway Department enter into ~. written contract with .Jefferson County, agreeing to com: plete said pa,ing project without further cost to Jefferso~ County, provided the said cost does not exceed one millicl dollars, and the said mnk be completed during 1927 a 1D28, but preferably in 1927, or as soon thereafter as fun are available to complete same; and proYided further th . in the e\ent that the State Highway Department shoul ha\e no funds available \vith \Yhich to complete the abov) mentioned pining project to cost one million dollars in Jeff-; erson County within said time limit, that at the option of the Board of County Commissioners the tltate Highway Depntment will refund all of the said $200,000.00 with the exception of an amount equal to one-fourth of the cost of

WEDNESDAY, MARCH 10, 1926.

131

the pa,ing actually done on said project, so that Jefferson County will have paid only one-fourth of the cost of paving said project.
TIFT COUNTY.
December, 1925.
On motion, paving project in Tift County extended to the Cook County line, the Federal Government to participate as far as possible, and the remainder to be built from State and County funds.
RESOLVED, That the proposition of the County Commissioners of Tift County be accepted for the construction of a pa,ed road through Tift County to the effect that they will furnish the Highway Department $100,000.00 in cash and their convict gang, they to maintain same, and the Highway Department will construct the road through Tift County, excepting the Town of Tifton, work to be completed within three years from beginning of construction.

GRADY COUNTY
November, 1925.
RE:SOLVED, That the State Highway Department will co-operate \vith Grady County in paving the east and west road through said county, the work to co\er such period of years as the Board may determine, in the proportion that the Highway Department furnish% of cost and said county %'of :>arne.

CRISP COUNTY. SCHLEY COUNTY.
August 7, 1926.
At a meeting of the Board of Commissioners of Roads and Hevenues (or Ordinary, as the case may be) having ?harge of the roads and revenues of said county, the followIng resolutions were adopted:

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JouRNAL oF THE HousE,

RESOLVED, That Crisp County agrees to furnish necessary labor, equipment, etc., and the skilled workmen and superintendent necessary to complete construction of project 429, Section "A," including bridges and other drainage structures, grading, ditching, sodding, and other work as shown on the plans furnished by the State Highway Department of Georgia, said project being located between Cordele and Ashburn on State Route No. 7, beginning at Station 0-15 within the City of Cordele and extending to Station 450-00, a point approximately nine miles south of Cordele.
RESOLVED FURTHER, That Crisp County also agrees to unload and haul any materials necessary for construction from the nearest siding and to be resopnsible for any demurrage that may accrue on railroad cars.
RESOLVED FURTHER, That Crisp County agrees to complete the entire project in accodance with plans and specifications of the State Highway Department and to efficiently and economically prosecute the work continously under the direct supervision of the State Highway Department of Georgia until completion of said project.
RESOLVED FURTHER, That the State Highway Department of Georgia in consideration of the above agrees to do the following:
To assist in construction of the above mentioned project by furnishing all materials, including form lumber, slag,' sand, steel, cement, and pipe necessary to complete the project, f. o. b., nearest railroad siding or point of local purchase, as the case may be; to furnish all necessary plans, specifications and engineering supervision.
RESOLVED FURTHER, That the t:ltate Highway Department of Georgia Form 99-A previously executed by the County Commissioners of Crisp County and approved by the State Highway Department of Georgia is hereby made a part of this agreement.

WEDNESDAY, MARCH 10, 1926.

133

RESOLVED FURTHER, That whereas Crisp County desires a more permanent type of paving in place of gravel, and desires to pave project 383 A & B north of Cordele as funlls will permit, that Crisp County agrees to waive all claims to payments from Federal or State Aid due on estimates as work progresses.
RESOLVED FURTHER, That the State Highway Department of Georgia in consideration of the above, agrees that Federal Aid or State Aid due Crisp County on estimates amounting to approximately $20,000.00 as shown on the attached tentative detailed estimate, shall accumulate as a credit to Crisp County, and shall upon completion of this project, or when 1926 funds become aYailable, be deposited in a bank in Crisp County to the credit of the State Highway Department of Georgia as Crisp County's
share in the cost of a %-% paving project during the year
l\)2(i.
RESOLVED FURTHER, That the State Highway Department agrees to contribute $60,000.00 supplementing the above county funds and expending this amount ip paving on a section of road on State Route 7 north of Cordele known as project :183 A & B, and on a section of road on project 429 south of Cordele as far as funds will permit.
HESOLVED FURTHER, That the contract for paving project 383 "~ & B north of Cordele is to be let during the early part of the year, 1926. That a part of the paving the project 429 south of Cordele will either be contracted during the year 1926 or carried on by county forces, the State to furnish materials on project 429 if paving is done with county forces and Federal Aid revers to the State for purchase of materials.
COWETA COUNTY .
.January 1.5 and 16, 192.5.
On motion, the Chairman and State Highway Engineer directed to accept the proposition of Coweta County for

.JouRXAL oF THE HousE,
constructing a pavement on the unpaved sections of the ~\. & "\V. ,Y. P. road through their county, the county putting up their gasfunds for a period of four years, and the proportionate expense worked out of the construction of the entire pavement through the county on a basis not to exceed three parts combined State and Federal funds, and one part county funds.
On motion, the State Highway Board agreed to borrow sufficient amount of Federal funds from inactive projects, and $25,000.00 State funds to complete project between New nan and Palmetto.
HABUN COUNTY.
April, 1925.
County to put up $170,000.00 to build surface treated water-bound macadam road 16' wide with 4' crushed stone shoulders on each side all the way from Habersham County line to the 1\orth Carolina State line. State agrees to pay all costs o\er the $170,000.00 and to construct road within four years from February 5, 1925.
COASTAL HIGHWAY.
February, 1925.
Department agreed to pay all costs over the $!)00,000.00 put up by the Coastal Highway Commission to complete the road from the Savannah R.iver to the St. Marys River up to estimated cost of $3,500.00; road to be completed over a period not to exceed five years.
HABERSHAl\I COUNTY.
December, 1925.
County to put up $200,000.00 of their funds toward construction of Houtes 13 and 15 through Habersham County, estimated cost $800,000.00; State Highway Department

WEDNESDAY, MARCH 10, 1926.

135

agreed to furnish the remaining $600,000.00 from State and Federal Funds to complete the project.

MITCHELL COUNTY.
January, 1925.
HESOLYED, That we accept the proposition of Mitchell County made by the County Commissioners, they to furnish $300,000.00 in cash this year and the Highway Department to furnish $300,000.00 as funds are available. The Highvmy Department undertakes to build as much of the road thru ~Iitehell County as this $400,000.00 will pay for; type of road to be agreed upon with the authorities of :Mitchell County, the work to be completed within four years from time of beginning construction.

STEvY.\RT COCl\TY.
December, 192Pi.
RESOLVED, That Ste\vart County agrees to accept an allotment for the construction of whatever part of F ..-\.. P. 40R-C in Stewart County that funds allotted \vith complete beginning at the south end of project 408-B and extending toward Lumpkin on State Route 1. Said allotment being a full and complete settlement of all claims as funds due :-;te,yart County from the State Highway Department of Georgia for the construction of Chattahoochee County's portion of project 2()7 A & B in Stewart and Chattahoochee (\ nm ties.
HESOLVED FURTHER, That the claim referred to abme is based on a resolution, agreement, and contract between Chattahoochee County, Stewart County, and the State Highway Department of Georgia, dated October 14, 1\121, and signed by R ..J. Dixon, Chairnam Stewart County Comm., and 0. C. Stephens, Chairman Chattahoochee County Board, and is on file in the office of the State High\\ay Department at East Point, Ga.

136

JouR~AL oF THE HousE,

RESOLVED FuRTHER, That the allotment accepted by Stewart County on 408-C as full settlement of claim on project 267 A & B is made on the basis of a ,Xi-% project, the State Highvmy Department of Georgia to furnish funds equal to 75% of the cost of the project and Stewart County to furnish funds equal to 2Fl% of the cost of the project.
RESOLVED FURTHER, That the amount of Stewart County's claim against the Highway Department will vary with the actual construction on project 267 A & B with a maximum of $17,000.00 and will be determined from final estimate after 267 A & B has been finally accepted and that for the purpose of this agreement an amount of $17,000.00 is assessed as the amount of this claim.
RESOLVED FURTHER, That Stewart County understands that they can accept either a project let to contract in amounts of $34,000.00 more or less, $17,000.00 State Aid and $17,000.00 Federal Aid, or that they can put in an additional $17,000.00 county funds and construct a project with county forces amounting to $68,000.00, more or less, of which $34,000.00 would be Federal Aid, $17,000.00 State Aid and $17,000.00 County Aid.
RESOLVED FURTHEH, That the State Highway Board has this date allotted to Stewart County $51,000.00 State and Federal funds from 1926 funds for the construction of project 408-C on State Route 1 between Lumpkin and Lou,ale.
l~LBERT COUNTY.
June, 1925.
whereas Elbert County proposes, through .Mr. T . .J. Hulme, Senator J. W. B. Thompson, and Dr. A. S. J. Stovall representing County Commissioner 0. A. Smith of said county, to furnish 25% of the cost of projects 372 and 311, and bridge project across the Savannah River in Elbert County, and

WED::-.IESDAY, :MARCH 10, 1926.

137

Whereas, the State Highway Department is desirous of undertaking this work as early as possible, therefore be it
RESOLVED, That the said proposition of Elbert County be accepted; Elbert County's money to be made immediately available, to the extent of $54,000.00; State Highway Department funds to be provided out of allotments in 1926 and 1927.
The following communication from the State Auditor, in compliance with House Resolution No. 22, was read:

IXFOR~L\TIOK UNDER H. R. NO. 22. STATE OF GEORGIA
DEPARTMENT OF AUDITS.
March 10, ]926.
To /he Speaker and AIembers of the House of Representatives
4 the State of Georgia:
Pursuant to resolution passed by your honorable body I ha\e the honor to place before you information regarding highwa~' funds, as follows:
Before going into a discussion of figures I desire to call the attention of this body to the fact that only a small amount--less than one month's receipts ---of the gasoline tax under the U'2c rate was received in 1925, for the reason that the extra ~2c tax imposed by the last general assembl~ became effective in September, 1925. The gasoline tax receipts for 1925 end \vith the month of September. Receipts for October, No\-ember and December gasoline tax are paid into the treasury in January, 192G.
The total fuel oil or gasoline taxes collected for the year 1\)25, as shown by our audit of the Treas]lry, amounted to $4, ik5,:352.20, allocated as follows:

138

.JouRKAL OF 'l'HE HousE,

To Counties. . . . . . . . . . . .

. . lc $1,340,554.83

To Highway Department, 11 months .. lc l 1,418,192.52

(September only, at lYzc) ........ Y2cf

To General Fund ................... lc 1,338,868.56

To General Fund, Inspection Fees. .Yzc

687,736.29

Total ........ .

.. 4c $4,785,352.20

The total amount received by the Highway Department in 1925, as shown by our audit of the Treasury, was $4,429, 073.94, made up as follo-vvs:

Fuel oil tax .............. . Motor vehicle fees ......... .

......... $1,418,192.52 . . . . . 3,010,881.42

Total ............... .

. .... $4,429,073.94

My estimate of the income in 1926 to the Highway Department from the State of Georgia is $6,000,000.00. from the following sources:
Fuel oil tax. . . . . . . . . . . . .............. $2,500,000.00 ~fotor Yehicle fees. . . . . . . . . . . . . . . . . . . . . . 3,500,000.00

My reasons for this estimate are baEJed upon the following facts:
First, our receipts from fuel oil taxes will be 50% more
in 1926 than in 1925, based upon the increase from lc to IYz
per gallon, and the normal increase in consumption.
Second, for the last quarter of 1925 payable January 15, 1926, the fuel oil tax at lYzc amounted to $566,656.13. On this basis the yearly total would be $2,266,624.52, and yet the winter quarter has always been a light quarter, the heavy quarters being Aprill-.June 30, and July !-September 30.
The gain of 1925 receipts from fuel oil tax at lc over 1924 >vas approximately 19}1%, as shown by the following figures:

\VEDNESDAY, MARCH 10, 1926

139

Heceipts 1925 Fuel Oil Tax lc $1,338,868.56 Heceipts 1924 Fuel Oil Tax 1c 1,120,466.8\l
Gain 1925 over 1924 $ 218,401.67 or 19}1%
Fourth, the gain of the last quarter's receipts from fuel oil tax for 192.5 over the same period of 1924 was in excess of 22eo

For these reasons, I think we can safely estimate an income of $2,500,000.00 from the 1Y2c fuel oil tax for the Highway Department in 1()26.

:\Iy estimate for the Motor Vehicle fees is based upon the following facts:
First, the increase of 1925 Motor Vehicle fees over 1924, amounts to 19~;,. This is based upon the following figures:

:\Iotor Vehicle fees, 1925 ...... $3,010,881.42

:\Iotor Vehicle fees, 1924

2,532,247.22

Gain 192.5 o\'er 1924 .... $ 478,634.20 or l97c
;o-;econd, the increase of January and February collections of ~\lotor Vehicles fee in 1926, o\'er the same two months of 192;), is in excess of 21(,{J. This is based upon the follmving figures:
:\lotor Vehicle fees, .Jan. and Feb. 1926 $1,459,898.64 :\Iotor Vehicle fees, .Ja:n. and Feb. 1925 1,197,785.54
C:ain 1926 onr 1925 .......... $ 262,113.10 or 21%
For these reasons I think we can safely estimate an income of $3,500,000.00 from Motor Vehicle fees for the Highway Department in 1926.
\Ye must remember that there is a direct relation between motor \'ehicles and gasoline. Increased license fees in Georgia mean increased gasoline consumption.
l ha\'e endea\ored to put before you the facts and estimn tes req ue,;ted.

140

JouRNAL OF THE HousE,

May I say in conclusion that our license fee on automobiles is very reasonable, and were our scale of fees the same as in some Southern States, where the fee begins with $12.50 for a Ford and jumps to $20.00 for the next type of car,we would realize in license fees $850,000.00 more per annum than at present.
This Department will be glad at any time to furnish additional information, or comply with any request of this Honorable Body.
I have the honor to remain,
Respectfully yours,
S. J. SLATE, State Auditor.
Atlanta, Ga., March 10, 1926

Privileges of the floor were granted to Hon. Wallace B. Pierce, Hon. M. B. Holley, and Hon. Frank Turner, of Richmond County; Messrs. C. B. Dyer, and George Epstein of Calhoun, Ga., and Hon. J. R. Irwin of Rockdale County.
Mr. Hamilton of Floyd moved that the House do now adjourn and the motion prevailed.
Leave of absence was granted to Mr. Beck of Carroll, Mr. Folks of Ware, and Mr. Grant of Morgan.
The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

THURSDAY, MARCH 11, 1926.

141

SIXTEENTH DAY

REPRESENTATIVE HALL, ATLANTA, GA.,
THURSDAY, MARCH 11, 1926.

The House met pursuant to adjournment this day at 10:00 o'clock, A. M.; was called to order by the Speaker and opened with prayer by the Chaplain.

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

Adams Alexander Anderson .\ndrews Baker Bandy Barnard Bartlett Blease Bloodworth Roswell Bower Brannpn Brunson Camp of Clavton Camp of Cobb Chappell Childs Clark Collins Cooper Culpepper Daniel Davidson DaviR of DeKalb Davis of Floyd DaviA of Thomas Dekle Denmark

DorriR of Douglas DuBose Duncan Dykes England Erwin Evans Ficklen Flanders Fletcher Flynt Grice Griffeth Griffin of Decatur Griffin of Twiggs Griffin of Wilkes Griner Gullatt Hall Hamby Hamilton Hancock Harris Hatcher Haywood Head Henderson of Carroll Henderson of Irwin Hillhouse

Hines Hooper Hopkins Howard of Chat! a-
hoochee Howard of Long Hulme Humphrey Hyman Johnson of Appling Johnson of Bacon Johnson of Camden Jones of Cook Jones of Meriwether Kelley Kempton Kent Ketcham King Lanier Lankford Lawson Lawton Layton Lee of Clinch Lee of Screven Lewis of Gordon Lewis of Hancock Linder

142

JouRNAL oF THE HousE,

Lindsa.v Logan Loyd Lumpkin Lyons :VIcCluney McClure :ueCrory McElmurray McKoy .:\IcWhortPr :\Iaddox l\Iallard M:alonf' Mann .!\Iartin Matt hews .!\fillPt" Milner .!\Iilton Mont.gomPry 1\I urrah XapiPr
::\' e" Xewton Xorman Oliver (hwn Palm our Parker Parrish Paschal

Pate Peacock Perkins Peterson of l\Iont-
gomery Peterson of Tift Phillips Pilcher Rainey Hampley Rawls Rice Ricketson Riley Hivers l{oberts Rosser Rountree nussell Short Smith of Grady Smith of Madison Smith of Meriwether Smith of Talbot Spence Stanford Stanley Stark 1-lteed Stone of \Valton Stovall Striekland of Brantley

Strickland of Pierce Swint Talmadge Taylor Thomas Tippins Traylor Trippe Trotter Tucker Turner Tyson Vaul!"hn \Yarren 'Veaver Webb Weekes West vVestbrook Wheeler Whelchel Whit chard White Wilhoit Williams of Harris Williams of Walton Wilson Winship Wood 7,pl!ars ?vir. Speaker

.Mr. Wilhoit of vVarren, Chairman of the Committee on Journals, reported that the Journal had been read and found correct.
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
The Journal was confirmed.
By unanimous consent the following was established as the order of business during the first part of the period of unanimous consents:

THURSDAY, J\IARCH 11, 1926.

143

3. Introduction of new matter under the Rules.
2. Reports of Standing Committees.
:3. Reading of House and Senate Bills and Resolutions, fayorably reported, the second time.
4. Passage of uncontested local House and Senate Bills and Resolutions and general House and Senate Bills and Resolutions having a local application.
;). First reading of Senate Bills.

By unanimous consent the following Bills and Resolutions of the House were introduced, read the first time and referred to their committees.

By ).Jesses Harris and England of Jefferson-
House Bill No. 36. A Bill to amend the charter of the City of Louisville.
Referred to Committtee on Municipal Government.

By ).Jessrs Harris and England of .Jefferson-
House Bill No. 37. A Bill to amend the charter of the City of Wadley.
Referred to Committeee on Municipal Government.

By ).Jessrs Bloodworth of "'Wilkinson, Howard of Long;. ).Iallard of Charlton, Johnson of Bacon, Griffin of Twiggs and Smith of Talbot-
House Resolution No. 28. A Resolution-Whereas, the General Assembly, in Extraordinary Session, having under consideration Constitutional Amendments im'olving Ninety Two ::\Iillion Dollars, and having been in session for a period of t\vo weeks; and there is on the Calendar ready for discussion on the floor of the House a Constitutional Amendment inyolving Twenty T\YO Million Dollars, and

144

JouRNAL OF THE HousE,

Whereas, the General Assembly did on March the 30th, vote to adjourn Thursday, March the 31th, and to stand adjourned until Monday March the 35th, thereby losing two working days this week, and,
Whereas, on the day said resolution was passed the Counties of Houston and Telfair voted bonds more than 15 to 1 for paved highways, signalling their interest with 42 other Counties in the issues now before the General Assembly,
Be it resolved that the House with the Senate concurring, reconsider its action of adjourning until Monday and use the two days discussing the Constitutional Amendment of T'venty Two Million Dollars now on the Calendar and thereby facilitating the work before us and to that extent enabling an earlier adjournment of the General Assembly.
Referred to Committee on Rules.

The following message was received from the Senate through Mr. McClatchey, the Secretary thereof:

Afr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the House to-wit:

By Messrs Head and Camp of Cobb-
House Bill No. 21. A Bill to amend an Act to create a system of public schools for the City of Marietta; and for other purposes.

By ~Ir. Johnson of Appling-
House Bill No. 25. A Bill to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Appling, State of Georgia; and for other purposes.

THURSDAY, lVL-\RCH 11, 1926.

145

By ::\ir. Johnson of Appling-
House Bill No. 26. A Bill to amend the charter of the City of Baxley.

By :\Ir. Gullatt of Campbell-
House Bill No. 27. A Bill to amend the charter of Union City.
:\Jr. J. Scott Davis of Floyd County, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bill of the House, and has instructed me as chairman, to report the same back to the House with the recommendation that the same do pass by committee substitute:
House Bill No. 22. An Act to authorize and empower the board of trustees of local school districts levying a local srbool tax to borrow sufficient money, and no more to pay for the operation of said schools.
Respectfully submitted,
J. ScoTT DAvrs,
Chairman.

Mr. Clark of Laurens County, Chairman of the Committee on .Municipal Government, submitted the following report :
J:Ir. Speaker:
Your Committee on Municipal Government has had under consideration the following Bills of the House and has instructed me as chairman, to report the same back to the House with the recommendation that the same do Pas:-;:

14()

.JouRNAL OI<' THE HousE,

House Bill No. 11. Quitman Charter, do pass. House Bill No. 33. S\vainsboro Charter, do pass. House Bill X o. 34. Commerce Charter, do pass. House Bill No. 35. .Millen Charter, do pass.
Respectfully submitted, CLAHK of Laurens, Chairman

Mr. Stark of Whitfield County, Chairman Pro. Tern. of the Committee on General Agriculture No. 2, submitted the following report:

Jvfr. Speaker:
Your Comm.ittee on General Agriculture No. 2 has had under consideration the following resolution of the House and has instructed me as chairman, to report the same back to the House with the recommendation that the same do pass.
House Resolution No. 24. Resolution by 1\lr. Taylor of Richmond do pass.
Respectfully submitted,
STARK of Whitfield,
Acting Chairman.

Mr. l\1cClure of Walker County, Chairman of the Committee on University and its Branches, submitted the following report :
Mr. Speaker:
Your Committee on University of Georgia and its Branches has had under consideration the following Bill of the House and has instructed me as chairman, to report the same

THURSDAY, MARCH 11, J92fi.

147

back to the House with the recommendation that the same do pass:
House Bill No. 30, do pass.
Respectfully submitted, McCLURE of Walker, Chairman.

By unanimous consent the following Bills and Resolutions of the House, favorably reported, were read the second time.
By ::\Ir. McWhorter of Oglethorpe-
House Bill Ko. 22. A Bill to authorize and empmver the trustees of local school districts levying a local school tax to borrow sufficient money, to pay for the operation of said school.

By ::\Iesses Hines and Riley of Sumter-
House Bill No. 30. A Bill to organize and maintain as a branch of the University of Georgia, a Normal School to be located at Americus Georgia.

By Mr. Humphrey of Emanuel-House Bill ~ o. 33. A Bill to amend an ~'-ct incorporat-
ing the City of Swainsboro.
By Messes Rice and Hancock of .Jackson--
House Bill No. 34. .-\. Bill to amend the charter of the City of Commerce.
By ::\Ir. Perkins of Jenkins-House Bill No. 35. ~-\.. Bill to amen<j an Act creating a
nei\' charter for the City of Millen.

148

JouRNAL oF THE HousE,

By Mr. Traylor of Richmond-
House Resolution No. 24. A Resolution that Georgia Public Service Commission investigate freight rates on gasoline and regulate same and prepare a report on all findings and file with the next session of the Georgia General Assembly.
Mr. Davis of Floyd moved that House Bill No. 18 be taken from the table and recommitted to the Committee on . Education, and the motion prevailed.
Under the regular order of business the following bill of the House was taken up for consideration and read the third time:

By Mr. Barrett of Stephens-
House Bill No. 3. A Bill to amend the Constitution of the State of Georgia for the purpose of issuing bonds for higher and common school education.
Privileges of the floor were granted to Judge Homer Legg of Lincoln County, Rev. C. M. Meire, Rev. Wm. Kelly, and Rev. W. G. Veal of Richmond County.

The following Resolution was read and adopted:

By Mr. Webb of Milton-

House Resolution No. 2i. A Resolution extending the sympathy of the House to Mr. Dorsey of White during his. illness.

Mr. Dorris of Crisp moved that the House do now ad-l

journ and the motion prevailed.

;

\'

Leave of absence was granted to Mr. Taylor of Dawsonf;

and Mr. McWhorter of Oglethorpe.

j

The Speaker announced the House adjourned until Mon.{

day morning at 11 :00 o'clock.

l

!

l\!Io"'DAY, MARCH 15, 1926.

149

TwEKTIETH DAY

REPRESENTATIVE HALL, ATLANTA, GA.,
MoNDAY, MARCH 15, 1926.

The House met pursuant to adjournment this day at 11:00 o'clock, A. M.; was called to order by the Speaker and opened with prayer by the Chaplain.

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

Adams Alexander Anderson Baker Bandy Barnard Barrett Bloodworth Boswell Bower Brown Brunson Burrh Camp of Clayton Camp of Cobb Camp of Coweta Childs Clark Collins Culpepper Daniel Davidson Davis of DeKalb Da1is of Thomas Dekle Denmark Dorris of Douglas Doyal DuBose

Duncan Dykes England Erwin Ji:vans Fielden Flanders Flynt Grant Greer Grice Griffeth Griffin of Decatur Griffin of Wilkes Griner Grovens Guillebeau Gullatt Hall Hamby Hamilton Hancock Harris Hatcher Haywood Head Henderson of Carroll Henderson of Irwin Hines

Hooper Hopkins Howard of Chatta-
hoochee Howard of Long Humphrey Hyman .Jackson .Johnson of Appling .Johnson of Bacon .Johnson of Camden .Jones of Cook .Jones of Meriwether Kelley Kempton Kent Lanier Lankford Lawson Lav.-ton Layton Lee of Clinch Lewis of Gordon Lewis of Hancock Lindsay Logan Loyd Lumpkin Lyons

150

JouRNAL OF THE HousE,

:VlcCluney lVIcClurc McElmurray :\lcKoy
~IcWhorter
Maddox :\Iallard :VI a l o n e :\Iann ?vi a r t in Matthews :Vliller Milner Milton :Vlurrah ::'\ew :\"ewton :'\orman Oliver Owen Palmour Parker Parrish Peaeock Perkins Peterson of
gomery

:\lont-

Phillips Pilcher Pickering Quarterman Hainey Itamplcy Rawls Rice Hieketson Hiley Uivcrs ltoberts Rosser Rountret> Russell 1-'mith of Grady Smith of Talbot Spence Stanford Stark Steed Stone of l'nion t'tone of 'Valton 1-'to\'all t'trickland of Brantley Swint TalmadgP

Taylor Thomas Traylor Trippe Trottpr Tucker Turner Tyson Vaughn \Yarren vYeaver Webb Weekes Westbrook vVheeler White hard WhitP Wilhoit Wilkin Williams of HaiTis Williams of Walton Wilson Wood Zellars :VIr. t'peaker

:Ylr. 'Wilhoit of Warren, Chairman of the Committee on Journals, reported that the Journal had been read and found correct.
By unanimous consent the reading of the Journal of Thursday's proceedings was dispensed with.
The Journal was confirmed.
By unanimous consent the following was established as the order of business during the first part of the period of {Tnanimous Consents :

3. Introduction of New matter under the Rules. 4. Reports of Standing Committees.

}\fo:\fDAY, .MARCH 15, 1926.

151

3. Reading of House and Senate Bills and Resolutions, fayorably reported, the second time.
4. Passage of uncontested local House and Senate Bills and Resolutions, and general House and Senate Bills and Resolutions, having a local application.
5. First reading of Senate Bills and Resolutions.
By unanimous consent the following Bills and Resolutions of the House were introduced, read the first time and referred to their committees:

By Mr. Culpepper of Fayettee-
House Bill No. 38. A Bill to amend an Act approved March 8, 1926, authorizing the Governor to discount the rental of the Western and Atlantic Railroad so as to provide that eight years of said rentals may be discounted in lieu of six.
Referred to Committee on Appropriations.

By Mr. Duncan of Houston-
House Bill No. 40. A Bill to amend the Charter of the City of Perry.
Referred to Committee on Municipal Government.

By Messrs Bloodworth of Wilkinson, Mallard of Charlton and others-
House Bill No. 41. A Bill to amend the Constitution of the State of Georgia providing for the issuance of Seventy Million Dollars of Bonds for Highways.
Referred to Committee on Amendments to Constitution.

By Messrs Bloodworth of Wilkinson, Parrish of Bulloch and others-
House Bill No. 41. A Bill to amend the Constitution

152

JouRNAL OF THE HousE,

of the State of Georgia providing for Thirty Million Dollars of Bonds for Highways.
Referred to Committee on Amendments to Constitution.

By Mr. Jackson of Bleckley-
House Bill No. 43. A Bill to amend the Act with referrence to inheritance tax, relative to Pensions payment.

By Mr. Wilhoit of Warren, Lanier of Columbia and others-
House Bill No. 39. A Bill to set aside the rental of the 'Vestern and Atlantic Railroad for the purpose of paying Confederate Veterans past due pensions.
Referred to Committee on Appropriations.

Mr. Clark of Laurens County, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. Speaker:
Your Committee on Municipal Government has had under consideration the following Bills of the House and has instructed me as chairman, to report the same back to the House with the recommendation that the same do pass:
House Bill No. 36. Amend Charter City of Louisville. House Bill No. 37. Amend Charter City of Wadley.
Respectfully submitted, CLARK of Laurens, Chairman.
By unanimous consent the following Bills of the House were favorably reported and read the second time:

.:\1o"'DAY, MARCH 15, 1926.

153

By Yiessrs Harris and England of Jefferson-
House Bill No. 36. A Bill to amend the Charter of the City of Louisville Georgia.

By Messrs. England and Harris of Jefferson-
House Bill No. 37. A Bill to amend the Charter of the City of Wadley.

By unanimous consent the following communication from Governor Walker under House Resolution No. 41 was read:

GOVERNOR'S COM:VIUNICATION UNDER HOUSE RESOLUTION NO. 21.

Mr. Speaker, Ladies and Gentlemen of the House:
In response to House Resolution No. 41, I respectfully respond that in preparing my address to the General Assembly I sought information as to commitments of the Highvvay Board to the counties for road construction and was advised that information directly from the Board showed that 22 counties had bonded themselves in the sum of $6,980,000 upon representations that that sum would be matched by State aid and Federal aid. These figures were not questioned. Today I have had occasion to check them with the Highway Board through its Engineering Department and hand you herewith the original memoranda which with subsequent action of counties added shows 29 counties (lrith the Coastal Highway Zone listed as one item) ha1'e actually bonded themselves in the sum of $8,255,000.00 under the representation that said sums would be matched in the proportion of 25% by the counties, 25% by the State and 50% by Federal Aid.

Whitfield .................... $200,000.00 Gilmer. . . . . . . . . . . . . . . . . . . . . . 250,000.00

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JouRNAL OF THE HousE,

Pickens.. . ................ . 100,000.00

Rabun ..................... . 175,000.00

Habersham ................. . 200,000.00

Stephens.......

. ....... . 300,000.00

Hart ....................... . 80,000.00

Coweta ..................... . 100,000.00

Meriwether ................. . 300,000.00

Henry ...................... . 200,000.00

Newton........ . ........ . 100,000.00

Putnam ....... .

125,000.00

Richmond .... .

700,000.00

Jefferson .................... . 250,000.00

Burke ...................... . 500,000.00

Johnson .................... . 200,000.00

Muscogee .................. . 1,00,000.00

Macon ..................... . 100,000.00

Toombs ..................... . 225,000.00

Coastal...

. ........ . 900,000.00

Terrell ...................... . 300,000.00

Tift ........................ . 100,000.00

Mitchell .................... . 100,000.00

Decatur .................... . 500,000.00

Thomas ..................... . 350,000.00

Jeff Davis ................... . 150,000.00

Houston .................... . 200,000.00

Telfair ...................... . 350,000.00

Appling .................. . 200,000.00

$8,255,000.0

Peach and Emanuel Counties are soon to vote o $600,000.00 additional. In January 1926 other countie agreed to furnish for State road work to be similarly match ed an additional sum of $1,824,500.00, as appears from th memoranda attached, which added to the $8,255,000.0 recently voted in bonds total $10,097,500.00 to be matched
I have checked the statement that these sums have bee . provided by the counties on the representation that the~

MoNDAY, MARCH 15, 1926.

155

were to be matched in the proportion of 45%-25%-50%. c\ll the infonnation I have been able to obtain is to that effect. As evidence thereof I append news items of two counties voting bonds yesterday (March lOth) showing that even while this discussion is pending the people were induced to bond themselves on representations that their fund would be so matched. If this information is correct an obligation follows which the Highway Board should meet in good faith and I assume it will meet. Since the Federal aid received amounts to only $4,000,000.00 per year it will thus be exhausted for over ten years.
In response to your inquiry I have gone somewhat into detail to demonstrate that I ha,e not carelessly quoted figures. Exact figures in such detail as the Legislature may desire will, of course, he furnished by the Highway Board or the State Auditor.
The statements made in my address to the General Assembly and in correspondence from the Executive Office were directed against the unfair system of favoritism and not against the Highway Department-a system reflected in the statement of members of the Board that only those counties which could help themselves should be given State and Federal help.
I i11sist that one-third of the counties cannot help themselves because of the 7% Con::<titutional limitation. [f they coulrl bond themselve;, they will need every dollar they can raise to build the 93(/0 of other roads and to erect and maintain consolidated schools in the county districtr,.
These are the very counties which need help and which should be helped by the State. Indeed, unle:ss material aid is given them they will never have paved roadt'> and ~eorgia will not have a state system of connected roads In a reasonable time or an unreasonable time.
In the meantime the people of these weaker counties
1
are daily being taxed as they buy gasoline to build roads

156

JouRNAL OF THE HousE,

for the favored counties, a plain case of taxation without representation.
I, therefore, urge the General Assembly to provide the funds by issuing State bonds to be retired by the present ga!>oline and tag taxes to pave the counties which cannot pave themselves along with the now favored counties under proper regulations and provide a state system which the laws and economic conditions demand.
Certainly the Assembly would make no mistake in allowing the people the privilege of passing on the question.

CLIFFORD wALKER,
Governor.

By unanimous consent 300 additional copies of House Bill No. 3, the Committee substitute and amendments thereto, and 300 copies of the Governor's Communication in answer to House Resolution No. 21, were ordered printed. i

By unanimous consen.t the following Bill of the House ' was read the third time and placed on its passage:

By Messrs Blease and Turner of Brooks-

:'

House Bill No. 31. A Bill to authorize the Mayor and Council to improve the streets, sidewaks, and other public places in the City of Quitman, Georgia.

I The report of the committee which was favorable to the
passage of the bill was agreed to. On the passage of the bill the ayes were 125, nays 0.

The bill having received the requisite Constitutional

majority was passed.

.

'

The following resolution was read and lost:

MoNDAY, MARCH 15, 1926.

157

By Mr. Gullatt of Campbell-
House Resolution No. 29. A Resolution-Resolved that individual speeches on all matters be limited to ten (10) minutes during the remainder of the session of 1926, except authors of Bills and substitutes who shall be allowed twenty (20) minutes.
Under the order of unfinished business the following Bill of the House. was again taken up for consideration:

By :Yir. Barrett of Stephens-
House Bill No. 3. A Bill to provide for $18,000,000.00 bonds for educational purposes.
Privileges of the floor were granted to Mr. J. W. Mundy of Clayton County, and Hon. Homer Langford of Hall County.
Mr. Flynt of Spalding moved that the House do now adjourn, the motion prevailed, and House Bill No. 3 went over as unfinished business of the previous session.
Leave of absence was granted to Mr. Weaver of Terrell, and Mr. Ricketson of Coffee.
The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

158

.JouRNAL oF THE HousE, TvmNTY-FIRsT DAY

REPRESENTATIVE HALL, ATLANTA, GA.,
TuEsDAY, MARCH 16, 1925.
The House met pursuant to adjournment this day at
< JO:OO o'clock, A. M.; was called to order by the Speaker
and opened with prayer by the Chaplain.
(
On motion the call of the roll was dispensed with.
Mr. "\Vilhoit of Warren, Chairman of the Committee on Journals, reported that the .Journal had been read and found correct.
By unanimous consent the readin?: of the Journal of ( yesterday's proceedings was dispensed with.
The .Journal was confirmed.
By unanimous consent the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of new matter under the Rules. 2. Reports of Standing Committees. 3. Reading of House and Senate Bills and Resolutions, favorably reported, the second time. 4. Passage of uncontested local House and Senate Bills and Resolutions and general House and Senate Bills and Resolutions having a local application. 5. First reading of Senate Bills and Resolutions.
Mr. Boswell of Greene arose to a question of personal privilege and addressed the House.

TuESDAY, MARCH 16, 1926.

159

~Ir. McCrory of Schley arose to a question of personal priYilege and addressed the House.

The following message was received from the Senate through Mr. McClatchey, the Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bill of the House to-wit:

By Messes Griffin of Decatur, Davis of Floyd and Rivers of Lanier--
House Bill No. 17. A Bill to permit municipal or local independent school system to repeal their independent systems and to merge into the county school system; and for other purposes.

The following message was received from the Senate through Mr. McClatchey, the Secretary thereof:

Jfr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the House' to-wit:

By Mr. Spence of Mitchell-
House Bill No. 29. A Bill to amend the charter of the Town of Baconton.

By Messrs Head and Camp of Cobb-
House Bill No. 20. A Bill to amend the charter of the City of Marietta, Georgia, and for other purposes.

Mr. Clark of Laurens County, Chairman of the Committee on Municipal Government, submitted the following report:

160

.JouRNAL oF THE HousE,

Mr. Speaker:
Your Committee on Municipal Government has had under consideration the following Bill of the House and has instructed me as chairman, to report the same back to the House with the recommendation that the same do pass:
House Bill No. 40. Perry Charter, do pass.
Respectfully submitted,
CLARK of Laurens,
Chairman.

By unanimous consent the following Bills of the House were favorably reported and read the second time:
By Mr. Duncan of Houston-
House Bill No. 40. A Bill to amend the charter of the City of Perry Georgia.

By unanimous consent the following Bills of the House were read the third time and placed on their passage:

By Mr. Humphrey of Emanuel-
House Bill No. 33. A Bill to amend an Act to mcorporate the City of Swainsboro.
The following amendment was read and adopted.
By Mr. Humphrey of Emanuel-
Amend House Bill No. 33 by adding at the end of Paragraph 4 the following: "Provided further that assessments levied against said abutting property and the owners thereof, in accordance with the apportionments herein provided for, shall be paid in not more than ten equal annual installments and shall bear interest at a rate not to exceed eight per cent per annum until paid."

TuESDAY, MARCH 16, 1926.

161

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill the Ayes were 120, Nays 0.

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

By Messrs Rice and Hancock of Jackson-
House Bill No. 34. A Bill to amend the charter of the City of Commerce.
The substitute offered by Messrs Rice and Hancock of Jackson was read and adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.
On the passage of the bill the Ayes were 125, Nays 0.
The bill having received the requisite constitutional majority was passed by substitute.

By Mr. Perkins of Jenkins-
House Bill No. 35. A Bill to amend an Act creating a new charter for the City of Millen.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 130, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs Harris and England of Jefferson-
House Bill No. 36. A Bill to amend an Act to amend the charter of the City of Louisville.

162

JouRNAL OF THE HousE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 135, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs England and Harris of JeffersonHouse Bill No. 37. A Bill to amend the charter of the
City of Wadley.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 140, Nays 0.
The bill having received the requisite constitutional majority was passed.
Under the order of unfinished business the following Bill of the House was again taken up for consideration:

By Mr. Barrett of Stephens-
House Bill No. 3. A Bill to amend the Constitution relative to the issuance of $18,000,000.00 bonds for educational purposes.
The follo'wing message was received from the Senate through 1\fr. .1\IcClatchey, the Secretary thereof:

Mr. Speaker: The Senate has passed by the requisite constitutional
majority the folioing Resolution of the Senate, to-wit:
By l\Ir. Knight of 6thSenate Resolution No. 34. A Resolution providing for
a Sine Die adjournment of the General Assembly for the

TuESDAY, MARCH 16, 1926.

163

purpose of convening in Extraordinary Session as of this the 16th day of March, 1926 at 12 o'clock M.

The following Resolution of the Senate was read:

By Mr. Knight of the 6th-
Senate Resolution No. 14. A Resolution providing for a sine die adjournment of the General Assembly for the purpose of considering in Extraordinary Session as of this the 16th day of March 1926 at 12:00 o'clcok, M.
Mr. Gullatt of Campbell moved the previous question, the motion prevailed, and the main question was ordered.
The Resolution was lost.

The following Proclamation from His Excellency, the Governor, was received through his Secretary, Mr. Wilson, and was read:
Whereas, one-half of the boys and girls of the State living outside of the towns and cities are suffering from the rankest discrimination as to educational opportunities and
Whereas, common justice requires that equal elemental educational advantages must in good morals be given to the children in the country as well as to those in the towns and cities and
Whereas, these equalizing opportunities can be afforded the underprivileged children in the country only by providing additional revenue from the taxation of properties now escaping taxation and
Wnereas, expert tax authorities estimate that an amendment to the Constitution authorizing the classification of property for taxation will provide additional revenue of from one million to four million dollars annually from taxes upon notes, mortgages, stocks, bonds and other intangible properties now escaping taxation, and

164

.JouRNAL oF THE HousE,

Whereas, several hundred thousand dollars annually of additional revenue can be provided by an amendment to the Inheritance Tax laws of the State without increasing taxes and
Whereas, the State laws chartering and empowering corporations are out of date, containing glaring defect which should be corrected in anticipation of increased corporate business under changed modern business conditions adding materially to the revenues of the State through charter fees and saving to the State highly valuable citiz(>ns, corporations and investments and
Whereas, the corporation occupational tax laws are now assessed upon an inequitable basis and otherwise are not up to date under modern business conditions and
Whereas, a revision of the same will provide a material sum of additional revenue without placing an undue burden upon any such corporation, and
Whereas, the Supreme Court has recently declared inoperative and void the laws levying an occupation tax upon certain insurance agents involving a loss of State revenues estimated at $60,000.00 annually, and
'Vhereas, other hundreds of thousands of savings can be effected indirectly and the interests of the State advanced otherwise by an amendment to the Constitution authorizing the Legislature to amend, revise and perfect certain parts of the Vital Statistics laws of the State recently declared unconstitutional by the Supreme Court and
\Vhereas, a defect has also been found in the Crop Bill of Sale Act of 1925 which deprives the farmers of the State of the full benefits of that Act and

Whereas, the Supreme Court has recently declared unconstitutional and void certain vital provisions of the laws relating to the sale of speculative securities and

TuESDAY, MARCH 16, 1926.

165

Whereas, the Supreme Court has recently declared unconstitutional and void laws under which certain county schools are maintained and
Whereas, the Trustees of the Georgia State Sanitarium officially report that whereas the buildings o! that Institution were crowded in 1916 with 3800 inmates, the same buildings are now overcrowded with 4600 inmates and that number increasing weekly and
Whereas, it appears that unless additional quarters are provided in the immediate future, unsanitary conditions and other incidents of overcrowding will result in suffering on the part of these unfortunate wards and the most severe reflection upon our State and
Whereas, the administration building of the Twelfth District Agricultural School was recently destroyed by fire and provision should be made for replacing the same, and
Whereas, the completion of a State system of connected paved highways embracing every county and connecting each county site in a reasonable length of time as provided by the present laws of the State is impossible under the present system of construction and
Whereas, the expenditure of millions upon our highways should be protected by the wisest limitations and sanest safeguards and the highways when constructed preserved by every reasonable regulation and
Whereas, by clerical oversight the regular session of the General Assembly of 1925 failed to provide for the maintenance of the Veterans Service Bureau for the latter half of 1925 and the salary of the Assistant Commissioner of Commerce and L.abor, as fixed by previous laws and
Whereas, the constructive program of better roads and better schools can be advanced by the passage of certain local measures affecting directly certain municipalities and counties and

166

JouRNAL oF THE HousE,

Whereas, such conditions create an emergency of sufficient importance under the terms of the Constitution as to demand an extraordinary session of the General .Assembly.
Now, therefore, by virtue of the authority vested in me by Article V, Section 1, Paragraph 13, of the Constitution, I, Clifford Walker, Governor of Georgia, do hereby convoke the General Assembly of the State in extraordinary session, to meet in their respective halls at the Capital in the city of Atlanta on the sixteenth day of March, 1926, at 12 o'clock M., for the following objects, all of which are considered by the Executive of sufficient importance to make the necessity for such extraordinary session, to-wit:
To submit to the people Constitutional Amendments and to enact legislation providing for:

(I) A Constitutional Amendment authorizing the Legislature to classify and segregate property for taxation,
(2) Amendments to the Inheritance Tax laws of the State,
(3) Constitutional Amendments and statutes authorizing the chartering and empowering of corporations and amending revising and perfecting the present corporation laws of the State generally and particularly amending and correcting the Act of 1925 authorizing the issuance of nonpar values stock,
(4) The revision of the corporation occupational tax laws of the State,
(5) The enactment of laws revising Paragraph 61, Section 2 of the General Tax Act approved December 19, 1923 and laws levying occupational taxes on insurance agents.
(6) Constitutional Amendments to Paragraph 4, Section 6 of Article 7 authorizing laws promoting health and the gathering and dissemination of vital statistics,

TuESDAY, MARCH 16, 1926.

167

(7) Amending and correcting the Crop Bill of Sale, Act of 1925
(8) Revising, amending and perfecting laws of the State regulating the issuance and sale of securities,
(9) Constitutional Amendments and statutes authorizing the county authorities of the various counties of the State or of those counties in this State which have wholly or partly within their boundaries a city of not less than two hundred thousand population or any county in the State which the Legislature may authorize to levy a tax not exceeding one mill for educational purposes on all the taxable property throughout the entire county, including territory embraced in independent school systems,
(10) A Constitutional Amendment authorizing the Legislature to issue bonds not to exceed $1,000,000.00 for the purpose of additional lands and the construction and equipment of buildings for the care of the insane,
(11) The appropriation of funds for the construction of a new administration building for the Twelfth District Agricultural School.
(12) Appropriations to supply the further needs of the Veterans' Service Bureau and the salary of the Assistant Commissioner of Commerce and Labor "in the light of the defects in the legislation of 1925,
(13) Laws providing a state system of connected paved highways, the means to meet the cost of construction of the same and amending, altering and perfecting laws establishing a State Highway Board and state highways,
(14) Laws regulating the use of highways by trucks, busses and other vehicles and otherwise protecting 'l. 1 1 preservmg same,
(15) Amendments to strengthen the enforcement of the present laws levying a State stamp tax upon cigars and cigarettes.

168

JouRKAL OF THE HousE,

(16) Local legislation, either county or municipal, providing for construction, equipment and maintenance of schools and colleges, for construction of highways closing and conveyingof streets, and for registration of voters in municipalities where no provision for such registration has been made in the charters thereof,

(17) The payment of the obligations of the State to its Confederate Veterans,

(18) An amendment to the Constitution of the State to authorize the issuance of State bonds for educational purposes,

(19) A change in the school fiscal year to run from June 30th to June 30th,

(20) A supervisor of construction of school buildings to standardize the utility, the economy, the safety and the sanitation of public school buildings,

(21) Authorizing any independent school system to vote on the abolition of such independent system and the merging with its county system of schools,

(22) To submit to the people for their ratification or rejection a Constitutional Amendment; giving the State Highway Board legal authority to construct and maintain a modern, connected, twelve-months state system of paved highways and authorizing the issuance of state highway bonds to meet the cost of construction of same.

Given under my hand and the Great Seal of the State at the City of Atlanta, this the sixteenth day of March in the year of our Lord Nineteen Hundred and Twenty-six., Ten A.M.
CLIFFORD WALKER,

By the Governor: S. G. McLENDoN, Secretary of State.

Governor.

TuESDAY, MARCH 16, 1926.

169

Mr. Dykes of Dooly, Vice-Chairman of the Committee on Rules submitted the following report:

Mr. Speaker:
Your Committee on Rules having had under consideration the question of fixing a special order for this day's session begs leave to report as follows:
That, an order be fixed for the introduction of new matter under the Rules of the House and the reading of bills the first time at 12:50 o'clcok today.
Respectfully submitted,
DYKES of Dooly,
Vice-Chairman.

The order recommended by the Rules Committee was established as the Order of Business, and the report of the Committee on Rules was adopted.
By unanimous consent the following Bills and Resolutions of the House were introduced, read the first time and referred to their committees.

By Messrs Harris of .Jefferson and Neill of ~[uscogee-
House Bill No. 44. A Bill to assess and collect from estates in Georgia subject to Federal taxes, 25 per cent of the amount found to be due, by striking the words Twenty Five and inserting in lieu thereof the words Eighty Five.
Referred to Committee on Ways and Means.

By l\Iessrs Harris of .Jefferson, Langford of Toombs-
Hause Bill No. 45. A Bill to provide revenue for the construction of permanent highways on the State Aid Road system.
Referred to Committee on 'Vays and Means.

170

JouRNAL OF THE HousE,

By Messrs Wood, Hooper and Miss Kempton of Fulton and Messrs Davis, Weeks and Lindsey of DeKalb-
House Bill No. 47. A Bill to amend the Constitution relative to County authorities leving one mill tax for school purposes in Counties having Cities of 200,000 population or over.
Referred to Committee on Amendments to Constitution

By Mr. Jackson of Bleckley-
House Bill K o. 48. A Bill to appropriate funds administeration building for Twelth District A. & M. School.
Referred to Committee on Appropriations.

By Mr. Hatcher of Burke-
House Bill No. 49. A Bill to provide for the upkeep of State Aid Roads by authorities for the several Counties of the State of Georgia.
Referred to Committee on Public Highways.

By Mr. Doyal of Floyd-
House Bill No. 50. A Bill to create a highway fund for maintenance and repairs of State Aid Highways.
Referred to Committee on Public Highways.

By Mr. McCluney of BaldwiP-
House Bill No. 51. A Bill to fix fee of Two Dollars to be paid Ordinaries for pension work.
Referred to Committee on Pensions.

By Mr. Martin of Troup-
House Bill No. 51. A Bill to create a highway fund to be used in the repair of State ilid Highways.
Referred to Committee on Public Highways.

TuESDAY, MARCH 16, 1926.

171

By Mr. Miller of Muscogee-
House Resolution No. 31. A Resolution that the State Highway Department be called upon to immediately select and locate the 800 additional miles provided for by the last legislation and to make public their selection.
Ordered to lay on table for at least one day.

Privileges of the floor were granted to Hon. D. F. Martin of Liberty County, Hon. A. H. Thomson of LaGrange, Georgia, Hon. W. C. Rozier ofDodge County, Rev. T. W. Tippett of Dooly County, Hon. E. R. Barrett of Hall County, Hon. C. D. Rountree of Wrightsville, Georgia, and Hon. T. D. Walker of Bleckley County.

Mr. Dykes of Dooly moved that the House do now adjourn and the motion prevailed.
Leave of absence was granted to Mr. Grant of Morgan.
The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

172

JouRNAL oF THE HousE, TwE~TY-SEcOND DAY

REPRESENTATIVL HALL, ATLANTA, GA.,
WEDNESDAY, MARCH 17, 1925.
The House met pursuant to adjournment this day at 10:00 o'clock, A. M., was called to order by the Speaker and opened with prayer by the Chaplain.
On motion the call of the roll was dispensed with.
Mr. Wilhoit of Warren, Chairman of the Committee on Journals, reported that the Journal had been read and found correct.
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
The Journal was confirmed.
By unanimous consent the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of new matter under the Rules.
2. Reports of Standing Committees.
3. Reading of House and Senate Bills and Resolutions, favorably reported, the second time.
4. Passage of uncontested local House and Senate Bills and Resolutions, and general House and Senate Bills and Resolutions, having a local application.
5. First reading of Senate Bills and Resolutions.
The following Resolutions were read and adopted:

WEDNESDAY, MARCH 17, 1926.

173

By Messrs Camp and Head of Cobb-
House Resolution No. 34. A Resolution commending U. S. Senators Wm. J. Harris and Walter F. George for having introduced a bill in the U. S. Senate relative to converting Kennesaw Mountain and surrounding territory into a National Park.

By Mr. Russell of Barrow-
House Resolution No. 36. A Resolution to limit individual speeches to twenty minutes during the discussion on House Bill No. 3.
Mr. Weekes of DeKalb moved that three hundred copies of the Governor's Proclamation convening the General Assembly in Extraordinary session on March 26, 19261 be printed, and the motion was lost.
By unanimous consent the following Bills and Resolutions of the House were introduced, read the first time and referred to their committees.

By Mr..Jones of Cook-
House Bill No. 53. A Bill to amend the Charter of the City of Adel.
Referred to Committee on Corporations.

By ~Ir. Lee of ClinchHouse Bill No. 54. A Bill to amend an Act creating a
new charter for the City of Homerville.
Referred to Committee on County and County Matters.

By Mr. Kelley of Gwinett-
House Bill No. 55. A Bill to provide for the construction of a State Highway system by the employment of convicts of the State.
Referrea to Committee on Public Highways.

174

JouRNAL OF THE HousE,

By Mr. Mann of Glynn-
House Bill No..56. A Bill to re-organize and re-constitute the State Highway Department of Georgia.
Referred to Committee on Public Highways.

By Messrs Lawton of Chatham and Jones of Meriwether-
House Bill No. 57. A Bill that the General Assembly may classify taxation and fix different rates for each class.
Referred to Committee on Amendments to Constitution.

By Messrs Dekle of Lowndes and DuBose of Clark-
House Resolution No. 32. A Resolution relative to heating the Hall of the House of Representative.
Referred to Committee on Public Property.

By Messrs Parrish and Brunson of Bulloch-
House Resolution No. 33. A Resolution to authorize the Georgia Normal School at Statesboro to borrow Money.
Referred to Committee on General Judiciary No. 2.

Mr. Barrett of Stephens County, Chairman of the Committee on Appropriations, submitted the following report:

Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bills of the House and has instructed me as chairman, to report the same back to the House with the following recommendations:
House Bill No. 38. Discount W. & A. Rentals for 8 years instead of 6 years, do pass.
House Bill No. 39. Discount W. & A. Rentals to pay pensions due on August 26, 192.5, do not pass.

WEDNESDAY, MARCH 17, 1926.

17t:i

House Bill No. 48. Administration building for 12th District A. & M. School, do pass.

B,espectfully submitted, BARRETT of Stephens, Chairman.

By unanimous consent the following Bills of the House were favorably reported and read the second time.

By Mr. Jackson of Bleckly-
House Bill No. 48. A Bill to appropriate funds for rebuilding administration building at Twelth District .-\. & l\1. School.

By Mr. Culpepper of Fayette-
House Bill No. 38. A Bill to amend an Act to authorize the Governor to discount the rental of theW. & A. Railroad so as to provide for eight years in lieu of six.

By unanimous consent the following Bill of the House was read the third time and placed on its passage:

By Mr. Duncan of Houston-
House Bill No. 40. A Bill to amend the Charter of the City of Perry Georgia.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 125, Nays 0.
The bill having received the requisite constitutional majority was passed.

The following Resolution was read and taken up for consideration:

176

JouRNAL oF THE HousE,

By Mr. Barrett of Stephens-
House Resolution No. 35. A Resolution that when the General Assembly adjourns today it will stand adjourned until Wednesday, May 5, 1926.
Mr. Milner of Dodge moved to amend the Resolution by striking the words "Wednesday, May 5, 1926." and substituting in lieu thereof the words, "sine die."

Mr. Harris of Jefferson moved to table the Resolution and pending amendments and the motion prevailed.
The Resolution and Amendment was tabled.

Under the order of unfinished business the following Bill of the House was again taken up for consideration:

By Mr. Barrett of Stephens-
House Bill No. 3. A Bill to amend the Constitution relative to the issuance of $18,000,000.00 bonds for educational purposes.
Privileges of the floor were granted to Hon. E. A. Buttrick of Floyd County, Mr. W. R. Jackson and Mr. J. H. McCommon of Greene County.
Mr. Kelly of Gwinnett moved that the House do now adjourn; the motion prevailed, and House Bill No. 3 went over as unfinished business.
Leave of absence was granted to Mr. Rawls of Seminole, Mr. DuBose of Clarke, and Mr. Lewis of Colquitt.

The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

THURSDAY, MARCH 18, 1926.

177

TWENTY-THIRD DAY

REPRESENTATIVE HALL, ATLANTA, GA.,
THURSDAY, MARCH 18, 1926.
The House met pursuant to adjournment this day at 10:00 o'clcok, A. M.; was called to order by the Speaker and opened with prayer by the Chaplain.
On motion the roll call was dispensed with.
Mr. Wilhoit of Warren, Chairman of the Committee on Journals, reported that the Journal had been read and found correct.
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
The Journal was confirmed.
The following Resolution was read:
By Messrs Dykes of Dooly, Culpepper of Fayette, Lawton of Chatham, Mann of Glynn, Jones of Meriwether, Stone of Union, Neill of Muscogee-
House Resolution No. 37. A Resolution, Resolved by the House, the Senate concurring, that the Extraordinary Session of the General Assembly of Georgia convoked by proclamation of his Excellency the Governor issued on 13th day of February 1926, to convene on February 24, 1926 at 10 o'clock A. M., in the State Capitol at Atlanta, Ga. do now adjourn sine die; and that upon adoption of this resolution a committee of threefrom the House to be appointed by the Speaker and two from the Senate to be appointed by the President do notify his Excellency of this action.

178

JouR~AL OF THE HousE,

The following amendment was read and adopted:

By Messrs. Lanier of Columbia and Flynt of Spalding-
To amend the Joint Resolution No. 37 to adjourn the session of the General Assembly of Georgia, by adding after the last word of said Resolution the following, to-wit: That it is by this Resolution provided and intended that the session called by the Governor on March 16th, 1926, be and is hereby included in adjourning the session of General Assembly of Georgia, and both the session called February 24, 1926, and the session called March 16th, 1926, are hereby adjourned sine die.
Mr. Miller of :rviuscogee moved the previous question, the motion prevailed, and the main question was ordered.
Mr. Miller of Muscogee called for the ayes and nays on the adoption of the Resolution as amended, and the call was sustained.

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

Affirmative-

.\dams Alexander Anderson Andrews Raker Bandy Barnard Barnett Barrett Beck Blease Bloodworth Boswell Bower Brannen Brown Brunson Burch

Camp of Clayton Camp of Cobb Camp of Coweta Chappell Childs Clark Collins Cooper Culpepper Davidson DaYis of DeKalb Davis of Floyd Dekle Denmark Dorris of Crisp Dorris of Douglas Doyal Duncan

Dykes Engla!Jd Erwin Evans Ficklen Flanders Fletcher Flynt Gillen Greer Grice Griffeth Griffin of Decatur Griffin of Twiggs Griffin of Wilkes Griner Grovenstein Guillebeau

THURSDAY, MARCH 18, 1926.

179

Gullatt Hall Hamby Hamilton Hancock Harris Haywood Head Henderson of Ctl.rroll Henderson of Irwin Hines Hooper Hopkins Howard of Qhatta-
hoochee Howard of Long Hulme Humphrey Hyman Jackson James Johnson of Appling Johnson of Camden Jones of Cook Jones of Meriwether Kempton Kent Ketcham Ketcham Lanier Lankford Lawson Lawton Layton Lee of Clinch Lee of Screven Le>w;s of Gordon Lindsay Logan

Loyd Lyons McClure McCrory McElmurray McEivey McKoy Mc\\'borter Maddox Mallard Malone Mann Martin Matthews Miller Milton Montgomery Murrah Napier Newton Norman Owen Palmour Parker Parrish Paschal Peacock Peek Perkins Peterson of l\Iont-
gomery Peterson of Tift Phillips Pilcher Pickering Quarterman Rampley Rice Riley

Rivers Roberts Rosser Russell Short Smith of Grady Smith of Meriwether Smith of Talbot Stanley Stark Stone of Union Stone of \\~alton
Stovall Strickland of Brantley Strickland of Pierce Talmadge Taylor Traylor Trippe Trotter Tucker Turner Tyson Vaughn \Varren Webb Weekes West Westbrook 'Wheeler Whitchard White Wilkin Williams of Harris Will.it~ms of Walton Wilson Wood Zellars Mr. Speaker

Negative-
Daniel Hillhouse Kelley

King Lewis of Hancock Milner

New Oliver Rainey

180
Negative-
:;;tanford Steed

JouRKAL OF THE HousE,

~'wint
Tippins

\"\'helchel Wilhoit

By unanimous consent the verification of the roll call was dispensed with.
On the adoption of the Resolution the ayes were 167, nays 15.
The Resolution was adopted as amended.

The following message was received from the Senate through Mr. McClatchey, the Secretary thereof:

.:.lf r. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the House and Senate to-wit:

By Messrs Blease and Turner of Brooks-
House Bill No. 11. A Bill to be entitled an Act to authorize the City of Quitman to improve its streets; and for other purposes.

By Mr. Bower of Decatur-
House Bill No. 32. A Bill to be entitled an Act to authorize the Mayor and Aldermen of the City of Bainbridge to grade, pave and otherwise improve the streets, sidewalks and alleys, and issue bonds therefor.

By :Messrs Lawton, Denmark and Alexander of Chatham-
House Bill No. 8. A Bill to be entitled an Act to amend A.rticle 7, Section 7, Paragraph I, of the Constitution to permit Chatham County to issue bonds to pave the road to Tybee.

THURSDAY, MARCH 18, 1926.

181

By Mr. Lyons of Butts-
House Bill No. 28. A Bill to be entitled an Act to amend the charter of the City of Jackson.

By Mr. Collier of the 22nd-
Senate Bill No. 10. A Bill to be entitled an Act to amend an Act to consolidate the office of Tax Receiver and Tax Collector of Lamar County.

By Mr. Collier of the 22nd-
Senate Bill No. 11. A Bill to prescribe the manner of electing the members of the City Board of Education of Barnesville, Georgia; and for other purposes.

By Mr. Collier of the 22nd-
Senate Bill No. 12. A Bill to create a Board of Commissioners of Roads and Revenues for the County of Lamar, and for other purposes.

The following message was received from the Senate through Mr. McClatchey, the Secretary thereof:

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

By Mr. Neill of Muscogee and others-
House Resolution No. 37. A Resolution that the General Assembly do now adjourn, Sine Die, and a joint Committee be appointed of two (2) from the Senate and three (3) from the House, to notify the Governor.

The President, Pro Tern., appointed as a Committee on the part of the Senate, the following: Messrs Knight of the 6th and Harrell of the 12th.

182

JouRNAL oF THE HousE,

Mr. Mallard of Charlton, _Chairman of the Committee on Enrollment, submitted the following report:

Mr. Speaker:
The Committee on Enrollment has examined, found properly enrolled, duly signed and ready for delivery to the Governor, the following Acts of the House to-wit:

By Messrs Lawton, Denmark and Alexander of Chatham-
House Bill No. 8. A Bill to amend the Constitution of the State so as to permit Chatham County to issue bonds for the purpose of paving the road to Tybee.

By Messrs Griffin of Decatur, Davis of Floyd and Rivers of Decatur-
House Bill No. 17. A Bill to permit municipal or local independent school systems to repeal their independent systems and to merge into the county school systems.

By Mr. Lyons of Butts-
House Bill No. 28. A Bill to be entitled an Act to amend the charter of the City of Jackson.
By Mr. Spence of Mitchell-
House Bill No. 29. A Bill to amend the charter of the City of Baconton.
By Mr. Bower of Decatur-
House Bill No. 32. A Bill to authorize the Mayor and Alderman of the City of Bainbridge to grade, pave and otherwise improve the streets, and sidewalks of said City by issuing bonds therefor.

THURSDAY, MARCH 18, 1926.

183

By Messrs Culpepper of Fayette, Lankford of Toombs and others-
House Bill No. 2. A Bill to authorize and require Legislature to make an extra appropriation to the common school fund.

By Messrs Head and Camp of CobbHouse Bill No. 20. A Bill to amend an Act creating a
new charter for the City of Marietta.
By Messrs Camp and Head of CobbHouse Bill No. 21. A Bill to amend an Act creating
public schools for the City of Marietta.

By Mr. Johnson of Appling-
House Bill No. 25. A Bill to amend an Act and to create a board of Commissioners of Roads and Revenues for the County of Appling.

By Mr. Gullatt of Campbell--
House Bill No. 27. A Bill to provide for the paving of streets and sidewalks of Union City Georgia and to issue bonds for that purpose.

By Mr. Johnson of Appling-
House Bill No. 26. A Bill to amend an Act to create a new charter for the City of Baxley.

By Messrs Blease and Turner of BrooksHouse Bill No. 11. A Bill to authorize the City of Quit-
man to improve its streets. L. E. MALLARD, Chairman.

184

JouRNAL OF THE HousE,

Privileges of the floor were granted to Hon. C. C. Butts of Glynn County, Dr. W. H. Perkinson of Cobb County, Hon. C. W. Foy of Taylor County, and Hon. N. F. Culpepper of l\Ieriwether County.

The following report of the Special Committee appointed to notify the Governor that the extraordinary session of the General Assembly is ready to be adjourned sine die was submitted and read:

Mr. Speaker:
Your Committee appointed on the part of the House together with like Committee from the Senate to notify his Excellency, the Governor, of the action of the General Assembly in adopting a resolution of sine die adjournment has performed its duties under said resolution and his Excellency stated that he requests the members of this body to remain in the hall of the House of Representatives in order to receive notice of an official proclamation convening the General Assembly in extraordinary session for 10 o'clock A.M. Friday, March 19, 1926.

The Speaker announced the House adjourned sine die.

JOURNAL
OF THE
House of Representatives
OF THE
STATE OF GEORGIA
AT THE
EXTRAORDINARY SESSION
(Number Two)
OF THE
General Assembly
At Atlanta. Friday March 19th, 1926
1!126
THE BYRD PlUXTINC: CO~IP.\~Y .-\TL\:>ITA, CA.

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

-JOURNAL

FIRST DAY
REPRESENTATIVE HALL, ATLANTA, GA.
FRIDAY, MARCH 19, 1926.
Pursuant to the call of the Governor, the House met in extraordinary session this day at 10:00 o'clock, A.M., was called to order by the Speaker, and opened with prayer by the Chaplain.
The roll was called and the following members answered to their names:

Adams Alexander Anderson Andrews Baker Bandy Barnett Barrett Blease Bloodworth Boswell Brunson Burch Camp of Clayton Camp of Cobb Chappell Childs Cooper Culpepper Daniel Davidson Davis of DeKalb

Davis of Floyd
Dekle
Denmark
Dorris of Crisp
Dorris of Douglas
Doyal Duncan Dykes England Erwin Evans Ficklen Flanders Fletcher Flynt Gillen Grice Griffeth Griffin of Decatur Griffin of Wilkes Griner

GroYenstein Guillebeau Gullatt Hamby H11.mitton Harris Haywood Head Henderson of Carroll Henderson of Irwin Hillhouse Hines Hopkins Humphrey Hyman Jackson Johnson of Appling Johnson of Camden Jones of Cook Jones of Meriwether Kelley Kempton

188

JouRNAL OF THE HousE,

Kent
Ketcham
King
Lanier
Lankford Lawson Lawton Layton Lee of Clinch Lee of Screven Lewis of Colquitt Lewis of Gordon Lewis of Hancock Lindsay Loyd Lumpkin Lyons :\lcElmurray :\IcKoy :\1cWhorter
~.\1addox
:\lallard Malone :\1ann :\lartin :\latthews :\Iiller :\Iilner :\lilton

l\1 ontgomery Murrah :'\a pier ::'\ew ::'\ewton ::'\orman Oli\er Palmour Parker Paschal Passmore Pate Peacock Perkins Peterson of Mont-
gomery Pilcher Hainey Hampley, Hice Hiley Rivers Rosser Rountree Russell Hmith of Grady Smith of Madison f-:mith of Meriwetlwr Hmith of Talbot Stanford

Stark
Steed
Stone of Walton
Stovall
Strickland of Brantley
Swint Talmadge Taylor Tippins Traylor Trippe Trotter Tucker Turner Vaughn Warren Webb Weekes West Wheeler Whelchel Whitchard White Wilhoit Wilkin Wilson Wood Zellars :\1 r. Speaker

The following proclamation, convening the General Assembly in extraordinary session, \Vas read:
WHEREAS, one-half of the boys and girls of the State living outside of the towns and cities are suffering from the rankest discrimination as to educational opportunities and
WHEREAS, common justice requires that equal elemental educational advantages must in good morals be given to the children in the country as well as to those in the towns and cities and

FRIDAY, MARCH 19, 1926.

189

WHEREAS, these equalizing opportunities can be afforded the underprivileged children in the country only by providing additional revenue from the taxation of properties now escaping taxation and

WHEREAS, expert tax authorities estimate that an amendment to the Constitution authorizing the classification of property for taxation will provide additional revenue of from one million to four million dollars annually from taxes upon notes, mortgages, stocks, bonds and other intangible properties now escaping taxation, and

WHEREAS, several hundred thousand dollars annually of additional revenue can be provided by an amendment to the Inheritance Tax laws of the State without increasing taxes and
WHEREAS, the State laws chartering and empowering corporations are out of date, containing glaring defects which should be corrected in anticipation of increased corporate business under changed modern business conditions adding materially to the revenues of the State through charter fees and saving to the State highly valuable citizens, corporations and investments and
WHEREAS, the corporation occupational tax laws are now assessed upon an inequitable basis and otherwise are not up to date under modern business conditions and
WHEREAS, a revision of the same will provide a material sum of additional revenue without placing an undue burden upon any such corporation, and
WHEREAS, the Supreme Court has recently declared inoperative and void the laws levying an occupation tax upon certain insurance agents involving a loss of State revenues estimated at $60,000.00 annually and
WHEREAS, other hundreds of thousands of savings can be effected indirectly and the interests of the State advanced .

190

JouR~AL oF THE HousE,

otherwise by an amendment to the Constitution authorizing the Legislature to amend, revise and perfect certain parts of the Vital Statistics laws of the State recently declared unconstitutional by the Supreme Court and

WHEREAS, a defect has also been found m the Crop Bill of Sale Act of 1925 which deprives the farmers of the State of the full benefits of that Act and

WHEREAS, the Supreme Court has recently declared unconstitutional and Yoid certain vital provisions of the laws relating to the sale of speculative securities and

WHEREAS, the Supreme Court has recently declared unconstitutional and void laws under which certain county schools are maintained and

WHEREAS, the Trustees of the Georgia State Sanitarium officially report that whereas the buildings of that Institution were crowded in 1916 with 3,800 inmates, the same buildings are now overcrowded with 4,600 inmates and that number increasing weekly and
WHEREAS, it appears that unless additional quarters are provided in the immediate future, unsani.tary conditions and other incidents of overcrowding will result in suffering on the part of the&e unfortunate wards and the most severe reflection upon our State and

WHEREAS, the administration building of the Twelfth District Agricultural School was recently destroyed by fire and provision should be made for replacing the same, and
WHEREAS, the completion of a State system of connected paved highways embracing every county and connecting each county site in a reasonable length of time as provided by the -present laws of the State is impossible under the present system of construction and

FRIDAY, MARCH 19, 1926.

191

WHEREAS, the expenditure of millions upon our highways should be protected by the wisest limitations and sanest safeguards and the highways when constructed preserved by every reasonable regulation and
WHEREAS, by clerical oversight the regular session of the General Assembly of 1925 failed to provide for the maintenance of the Veterans Service Bureau for the latter half of 1925 and the salary of the Assistant Commissioner of Commerce and Labor, as fixed by previous laws and
WHEREAS, the constructive program of better roads and better schools can be advanced by the passage of certain local measures affecting directly certain municipalities and counties and
WHEREAS, such conditions create an emergency of sufficient importance under the terms of the Constitution as to demand an extraordinary session of the General Assembly,
WHEREAS, in equity and good conscience a debt secured by lands should be credited with the fair value of the lands upon the sale of the same under execution of other legal process, and
WHEREAS, confusion attends the amending of a call by the Governor of an extraordinary session of the General Assembly by additional subjects for its consideration, which additions may appear necessary through emergencies which may arise after the issuance of the call or through developments which may arise in debate or other legislative process while the Assembly is in session,
NOW, therefore, by virtue of the authority vested in me by Article V, Section 1, Paragraph 13, of the Constitution, I, Clifford Walker, Governor of Georgia, do hereby convoke the General Assembly of the State in extraordinary session, to meet in their respective halls at the Capitol in the City of Atlanta on the nineteenth day of March, 1926, at 10

192

JouRNAL OF THE HousE,

o'clock A. M., for the following objects, all of which are considered by the Executive of sufficient importance to make the necessity for such extraordinary session, to-wit:
To submit to the people Constitutional Amendments and to enact legislation providing for:
(1) A Constitutional Amendment authorizing the Legislature to classify and segregate property for taxation,
(2) Amendments to the Inheritance Tax laws of the State,
(3) Constitutional Amendments and statutes authorizing the chartering and empowering of corporations and amending, revising and perfecting the present corporation laws of the State generally and particularly amending and correcting the Act of 1925 authorizing the issuance of non par values stock,
(4) The revision of the corporation occupational tax laws of the State,
(5) The enactment of laws revising Paragraph 61, Section 2 of the General Tax Act approved December 19, 1923, and laws levying occupational taxes on insurance agents.
(6) Constitutional Amendments to Paragraph 2, Section 6 of Article 7 authorizing laws promoting health and the gathering and dissemination of vital statistics.
(7) Amending and correcting the Crop Bill of Sale, Act of 1925,
(8) Revising, amending and perfecting laws of the State regulating the issuance and sale of securities,
(9) Constitutional Amendments and statutes authorizing the county authorities of the various counties of the State or of those counties in this State which have wholly or partly within their boundaries a city of not less than two hundred thousand population or any county in the State

FRIDAY, MARCH 19, 1926.

193

which the Legislature may authorize to levy a tax for educational purposes on all the taxable property throughout the entire county, including territory embraced in independent school systems,
(10) A Constitutional Amendment authorizing the Legislature to issue bonds not to exceed $1,000,000.00 for the purchase of additional lands and the construction and equipment of buildings for the care of the insane,
(11) The appropriation of funds for the construction of a new administration building for the Twelfth District Agricultural School,
(12) Appropriations to supply the further needs of the Veterans' Service Bureau and the salary of the Assistant Commissioner of Commerce and Labor in the light of the defects in the legislation of 1925,
(13) Laws providing a state system of connected paved highways, the means to meet the cost of construction of the same and amending, altering and perfecting laws establishing a State Highway Board and state highways,
(14) Laws regulating the use of highways by trucks, busses and other vehicles and otherwise protecting and preserving same,
(15) Amendments to strengthen the enforcement of the present laws levying a state stamp tax upon cigars and cigarettes,
(16) Local legislation, either county or municipal, providing for construction, equipment and maintenance of schools and colleges, for construction of highways, closing and conveying of streets, and for registration of voters in municipalities where no provision for such registration has been made in the charters thereof,
(17) The payment of the obligations of the State to its Confederate Veterans,

194

JouRNAL OF THE HousE,

(18) An Amendment to the Constitution of the State to authorize the issuance of State bonds for educational purposes,
(19) A change in the school fiscal year to run from June 30th to June 30th,
(20) A supervisor of construction of school buildings to standardize the utility, the economy, the safety and the sanitation of public school buildings,
(21) Authorizing any independent school system to vote on the abolition of such independent system and the merging with its county system of schools,
(22) To submit to the people for their ratification or rejection a Constitutional Amendment: giving the State Highway Board legal authority to construct and maintain a modern, connected, twelve-months state system of paved highways and authorizing the issuance of state highway bonds to meet the cost of construction of same,
(23) That when real estate is sold under any judgment or decree or mortage foreclosure or power of sale or other process said sale shall not be complete unless and until confirmed by the Judge of the Superior Court,
(24) The payment of the expenses of the extraordinary session as fixed by law,
(25) A Constitutional Amendment affirmatively and clearly authorizing the Governor to amend a call of an extraordinary session of the General Assembly by adding subjects for its consideration,
GIVEN under my hand and the Great Seal of the State at the City of Atlanta, this the eighteenth day of March in the year of our Lord Nineteen Hundred and Twenty-six at 1:30 P. M.
CLIFFORD WALKER,
Governor. By the Governor: S. G. McLENDON, Secretary of State.

FRIDAY, MARCH 19, 1926.

195

The following message was received from the Senate through Mr. McClatchey, the Secretary thereof:
Mr. Speaker:
I am instructed by the Senate to inform the House that the Senate has convened in extraordinary session and is ready for the transaction of business, in accordance with the proclamation of His Excellency, the Governor.
The following resolutions were read and adopted:
By Mr. Dykes of Dooly-
House Resolution No. 1. Resolved that the Clerk be instructed by the House to notify the Senate that the House has convened in extraordinary session under the Proclamation of the Governor, and is now ready for the transaction of business.
By Mr. Dykes of Dooly-
House Resolution No.2. Resolved by the House of Representatives, the Senate concurring, that a joint Committee of two from the Senate to be appointed by the President of the Senate and three from the House to be appointed by the Speaker of the House to wait upon His Excellency, the Governor and inform him that the General Assembly has convened in extraordinary session.
The following Resolution of the Senate was read and adopted:
By Mr. Guess of the 34th-
Senate Resolution No. 2. A resolution providing for the appointment of a joint Committee to notify the Governor that the General Assembly has convened under proclamation of March 18, 1926, and is ready for the transaction of business.
The Speaker appointed as a Committee on the part of the House the following members:
Messrs. Steed of Taylor, Johnson of Appling, Lewis of Gordon.

196

JouRNAL OF THE HousE,

Mr. Steed of Taylor, Chairman of the Committee on the part of the House to notify the Governor that the General Assembly has convened under his proclamation of March 18, 1926, and is now ready for the transaction of business, submitted the following report:
Mr. Speaker:
Your Committee on the part of the House appointed with a similar Committee on the part of the Senate, to notify His Excellency, the Governor, that the House of Representatives (and the Senate) has convened in extraordinary session in pursuance of the call of the Governor, beg leave to report that your Committee has performed its duty by so notifying His Excellency, the Governor, and the Governor advises that he has no further communication to make at this time.
Respectfully submitted, W. E. STEED, Chairman,
w. 0. LEWIS,
JoHNSON of Appling.
This March 19, 1926.
The following Resolution was read:
By Mr. Neill of Muscogee-
WHEREAS, on February 13, 1926, His Excellency, the Governor of Georgia, issued his proclamation convoking the General Assembly in extraordinary session, and
WHEREAS, in pursuance of said call, the General Assembly convened on February 24th to consider matters named in said call, and
WHEREAS, on March 16, 1926, His Excellency issued an additional proclamation convoking the General Assembly in extraordinary session for that day to consider certain matters,
WHEREAS, on March 18, 1926, by joint concurrent resolution of the House and Senate, the General Assembly did adjourn sine die, as to both of said sessions.

FRIDAY, MARCH 19, 1926.

197

WHEREAS, after said adjournment sine die, His Excellency, the Governor of Georgia, issued an additional proclamation convoking the General Assembly into extraordinary session to convene at 10 o'clock A.M. on Friday, March 19th, 1926 to consider certain matters named in said proclamation, and
WHEREAS, the members of said General Assembly in convening under said last named proclamations were not required to incur any expense for mileage in going to and returning to the Capitol, being already in the City of Atlanta,
NOW, therefore, be it resolved by the House, the Senate concurring that it is the sense of the members of this General Assembly that said members should not draw mileage as to said extraordinary sessions convened on March 16th and on March 19th, 1926; and should voluntarily relieve the State of the expense as to the item of mileage as above set forth.
RESOLVED further, that the Clerk of the House and the Secretary of the Senate be instructed to furnish a certified copy of this resolution to the State Treasurer.
Mr. Lindsay of DeKalb moved to table the Resolution.
Mr. Flynt of Spalding moved the ayes and nays on the motion to table and the call was sustained.
The roll call was ordered and the vote was as follows:
Affirmative-

Alexander Anderson
Boswell Bower Brannen Brunson Chappell
Childs Collins Davis of DeKalb

Dorris of Douglas
England Evans
Fletcher Flynt Gillen
Grice Griffin of Decatur
Guillebeau Haywood

Henderson of Irwin
Hines Hooper Johnson of Appling
Jones of Cook Kempton
Ketcham King
Lanier Lankford

198

JOURNAL OF THE HOUSE,

Layton
Lee of Clinch Lee of Screven Lewis of Hancock Lindsay Loyd Maddox Mallard Malone Martin Milner Montgomery
~ew

Korman
Oliver Parker
Peterson of Montgomery
Rainey
Rosser Smith of Talbot Stanford Steed Stovall Swint

Talmadge Tippins
Traylor
Tucker Tyson
West
Whelchel White Wilkin Wilson Wood Zellars

Negative-

Adams
Andrews Baker Bandy Barrett Bloodworth Camp of Clayton Camp of Cobb Culpepper Daniel Davis of Floyd Dekle Denmark Dorris of Crisp Doyal Duncan Dykes Erwin Flanders Griffeth Griner Grovenstein Gullatt Hamby Hamilton Harris

Hatcher
Head Henderson of Carroll Hillhouse Hopkins Humphrey Hyman Jackson James Johnson of Camden Jones of :\Ieriwether Kelley Kent Lawson Lawton Lewis of Gordon Lumpkin Lyons McElmurray McKoy McWhorter Mann Matthews Milton Murrah Kapier

Xewton
Palmour
Paschal
Passmore
Peacock
Perkins
Pilcher Rampley Rice Rivers Russell Smith of Grady Smith of Madison Stark Rtone of Union Stone of Walton Strickland of Brantley Strickland of Pierce Taylor Trippe Trotter Vaughn Webb Weekes Wheeler

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

FRIDAY, MARCH 19, 1926.

199

On the motion to table the ayes were 66 nays 77.

The motion to table was lost.

By unanimous consent the following amendment was read and adopted:

Mr. Griffin of Decatur moves to amend by adding or substituting the words, "The matter of drawing mileage be left to individual conscience of each member."

The motion for the previous question prevailed, and the main question was ordered.

Mr. Gullatt of Campbell called for the ayes and nays on the adoption of the Resolution and the call was sustained.

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

Affirmative-

Andrews
Baker
Barrett
Bloodworth Boswell Camp of Clayton Camp of Cobb Collins Culpepper Daniel Davis of Floyd Dekle Dorris of Crisp Duncan Dykes England Erwin Flanders Gullatt Hamby Hamilton

Harris
Hatcher
Head Hopkins Humphrey Hyman Jackson James Jones of Meriwether Kent Lawson Lawton Layton Lumpkin Lyons McElmurray McWhorter Mallard Mann Miller Milton

Murrah
Napier
Palmour
Perkins
Pilcher
Rampley
Rice
Rivers Smith of Madison Smith of Meriwether Stone of Union Stone of Walton Strickland of Brantley Strickland of Pierce Trippe Turner Vaughn Webb \Veekes Wheeler

200

JouRNAL OF THE HousE,

Negative-

Adams Alexander Anderson Barnett Blease Bower Brannen Brunson Chappell Childs Davis of DeKalb Dorris of Douglas Doyal EYans Fletcher Flynt Gillen Grice Grovenstein Guillebeau Haywood Henderson of Irwin Hillhouse Hooper Johnson of Appling

Johnson of Camden Jones of Cook Kelley Kempton Ketcham King Lanier Lankford Lee of Clinch Lee of Screven Lewis of Hancock Lindsay Loyd McClure McKoy Maddox Malone Martin Matthews Milner Montgomery New Newton Norman Oliver

Paschal
Peterson of Montgomery
Rainey
Rosser
Russell
Smith of Grady Smith of Talbot Stanford Stark Steed Stovall Talmadge Tippins Traylor Tucker Tyson West Whelchel Whitchard White Wilkin Wilson Zellars

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

On the adoption of the Resolution, as amended, the ayes were 62 nays 73.
The Resolution, as amended, was lost.
By unanimous consent the following Bills of the House were introduced, read the first time, and referred to the Committees:
By Mr. Culpepper of Fayette-
House Bill No. 1. A Bill to amend an Act approved March 8, 1926, authorizing the Governor to set apart, sell and discount the W. & A. Railroad rental for six years.
Referred to Committee on Appropriations.

FRIDAY, MARCH 19, 1926.

201

By Miss Kempton of Fulton-
House Bill No. 2. A Bill to amend Act approved August 22, 1925, to alter, amend and revise the laws authorizing and regulating the issuing of non par value stock by corporations of Georgia.
Referred to Committee on General Judiciary No 2.
By Mr. Barrett of StephensHouse Bill No. 3. A Bill to propose an amendment to
Article 7, Section 12, Paragraph 1 relative to educational purposes and the Georgia State Sanitarium.
Referred to Committee on Amendments to Constitution.
By Mr. Kelley of GwinnettHouse Bill No. 4. A Bill to provide for construction of
the State Highway System by the use of convict labor.
Referred to Committee on Public Highways.
By Messrs. Harris of Jefferson & Langford of ToombsHause Bill No.5. A Bill to provide revenue for construc-
tion of permanent highways on the State Aid Road System by continuing the present license tax on motor vehicles and tax on distributors of motor fuels, etc.
Referred to Committee on Ways and Means.
By Mr. Harris of JeffersonHouse Bill No. 6. A Bill to empower all municipal cor-
porations to make provision for a general system of registration of voters.
Referred to Committee on General Judiciary No 2.
By Messrs. Neill of Muscogee, Harris of Jefferson and Denmark of Chatham-
House Bill No. 7. A Bill to amend Act approved August 27, 1925, for State Inheritance tax.

202

JouRNAL oF THE HousE,

Referred to Committee on Ways and Means.

By Mr. Jones of Meriwether-
House Bill No. 8. A Bill to amend the Constitution of Georgia granting authority to issue bonds for highways.

Referred to Committee on Amendments to Constitution. By Messrs. Mann of Glynn and Lawton of Chatham-

House Bill No. 9. A Bill to amend the State Constitution so as to provide for a bond issue for State roads.

Referred to Committee on Amendments to Constitution.

By Mr. Mann of Glynn-
House Bill No. 10. A Bill to reorganize and reconstitute the State Highway Department of Georgia.

Referred to Committee on Public Highways.

By Mr. Stark of Whitfield-
House Bill No. 11. A Bill to provide for the contraction by or on behalf of the State of a debt in an amount of not greater than $3,500,000 for purpose of paying the public school teachers, etc.

Referred to Committee on Amendments to Constitution.
By Messrs. Lawton of Chatham and Jone8 of Meriwether-
House Bill No. 12. A Bill to propose to people of Georgia to amend Article 7, Section 2, Paragraph 1 of Constitution by adding thereto the following words: "Provided, however, that the General Assembly may segregate moneys, accounts and bills receivable (whether secured by mort-

FRIDAY, MARCH 19, 1926.

203

gages, deeds to secure debt, or otherwise) and all other evidences of debt or chases in action, for taxation by the State.

Referred to Committee on Amendments to Constitution.

By Mr. Cooper of Telfair-
Hause Bill No. 13. A Bill to amend the charter of City of McRae.

Referred to Committee on Municipal Government.

By Messrs. Culpepper of Fayette and Hyman of Washington-
House Bill No. 14. A Bill to amend Paragraph 2 of Section 6 of Article 7 of Constitution of Georgia relative to prevention of disease and death of human beings.

Referred to Committee on Amendments to Constitution.

By Mrs. Napier of Bibb and Mr. Davis of Floyd-
House Bill No. 15. A Bill to authorize State Board of Education to develop standards for school buildings for public schools.

Referred to Committee on Education.

By l\Ir. Davis of Floyd-
House Bill No. 16. A Bill to amend Act to codify the
school laws of Georgia.

Referred to Committee on Education.

By Mr. Roswell of Greene-
House Bill No. 17. A Bill to amend Paragraph 1, Article 7, Section 2 of Constitution of Georgia so as to author-

204

JouRNAL oF THE HousE,

ize taxes to be imposed upon incomes and to provide for reasonable exemptions from such taxes.

Referred to Committee on Amendments to Constitution. By Mr. Jackson of Bleckley-
House Bill No. 18. A Bill to appropriate funds for building of main administration building for Twelfth District A. & M. School at Cochran.

Referred to Committee on Appropriations.

By Messrs. Wilhoit of Warren, Lanier of Columbia and Davis of DeKalbHouse Bill No. 19. A Bill to set aside as a special fund
rental of Western and Atlantic Railroad for benefit of Confederate pensioners.
Referred to Committee on Appropriations.
By Mr. Doyal of FloydHouse Bill No. 20. A Bill to create a State Highway
Fund, classify all State Aid Highways, construct, pave and improve same, etc.

Referred to Committee on Public Highways.

By Messrs. Griffin of Decatur, Hooper of Fulton, Quarterman of Ware, Miller of Muscogee, Wilhoit of Warren, Milner of Dodge, Hatcher of Burke, et al-
House Bill No. 21. A Bill to amend Act creating Service Bureau.

Referred to Committee on Appropriations. By Messrs. Smith of Talbot and Mallard of Charlton-

FRIDAY, MARCH 19, 1926.

205

House Bill No. 22. A Bill to amend Section 67 of Georgia School Code changing the school year.

Referred to Committee on Education.

By Messrs. Hines and Riley of Sumter-
House Bill No. 23. A Bill to establish, organize and maintain as a Branch of the University of Georgia a Normal School.

Referred to Committee on University of Georgia.

By Messrs. McWhorter of Oglethorpe, Lindsay of DeKalb and Miller of M uscogee-
House Bill No. 24. A Bill to extend jurisdiction of Gerogia Public Service Commission to include the regulation and operation of motor vehicles.

Referred to Committee on General Judiciary No. 2.

By Messrs. Rice and Hancock of JacksonHouse Bill No. 25. A Bill to incorporate City of Com-
merce and prescribe its limits.
Referred to Committee on Corporations.
By Messrs. Martin and Daniel of TroupHouse Bill No. 26. A Bill to create a highway fund to
be used in the construction, maintenance and repairs of State Aid Highways of Georgia.
Referred to Committee on Public Highways.
By Mr. Vaughn of RockdaleHouse Bill No. 27. A Bill to appropriate increased salary
of Assistant Commissioner of Commerce and Labor.

206

JouRNAL oF THE HousE,

Referred to Committee on Appropriations.

By Mr. Humphrey of Emanuel-
House Bill No. 28. A Bill to amend Act to incorporate City of Swainsboro.

Referred to Committee on Municipal Government.

By Messrs. Wood, Hooper, Miss Kempton of Fultont Weeks,
Davis, Lindsay of DeKalb-
House Bill No. 29. A Bill to amend Constitution relative to levying a school tax of one mill in counties with cities of 200,000 or more, etc.

Referred to Committee on Amendments to Constitution

By Mr. Duncan of Houston-
House Bill No. 30. A Bill to amend charter of City of Perry in Houston County.

Referred to Committee on Municipal Government.

By Mr. Traylor of Richmond-
House Resolution No. 4 30-a. A Resolution requiring the Georgia Public Service Commission to investigate freight rates on gasoline in this State.

Referred to Committee on State of Republic.

By Messrs. Parrish and Brunson of BullochHause Resolution No. 5 30-b. A Resolution authoriz-
ing the Georgia Normal School to borrow money.
Referred to Committee on General Judiciary No.2

FRIDAY, MARCH 19, 1926.

207

By Messrs. Henderson of Irwin and Tucker of Berrien-
House Resolution No. 6. 30-c. A Resolution to pay Mrs. McCormick, widow, pension for year of 1922.

Referred to Committee on Pensions.

The following Resolution was read and adopted:

By Mr. Culpepper of Fayette-
House Resolution No. 7. A Resolution relative to the number and pay of the attaches and employees of the House during the extraordinary sessions of 1926.

Privileges of the floor were granted to Hon. G. E. Maddox of Floyd County, Hon. Paul Brown of Elbert County, and Mrs. A. L. Traylor of Richmond County.

By unanimous consent the House adjourned until Monday morning at 11:00 o'clock.

Leave of absence was granted to Mr. Brunson of Bulloch, Mr. Beck of Carroll, Mr. McCluney of Baldwin, Mr. McKoy of Coweta, Mr. Short of Baker, Mr. Quarterman of Ware, Mr. Davis of DeKalb, Mr. Cooper of Telfair, Mr. Montgomery of Webster, Mr. Taylor of Dawson, Mr. Doyal of Floyd, Mr. Peek of Polk, Mr. Brown of Dade, Mr. Matthews of Haralson, Mr. Tucker of Berrien, Mr. Talmadge of Jasper.

The Speaker announced the House adjourned until Monday morning at 11 :00 o'clock.

208

JouRNAL oF THE HousE,

FouRTH DAY

REPRESENTATIVE HALL, ATLANTA, GA.,
MoNDAY, MARCH 22, 1926.
The House met pursuant to adjournment this day at 11:00 o'clock, A. M., was called to order by the Speaker and opened with prayer by the Chaplain.
The roll was called and the following members answered to their names:

Adams Alexander Anderson Barrett Blease Bower Camp of Clayton Camp of Cobb Chappell Childs Collins Culpepper Daniel Davis of Thomas Dekle Dorris of Crisp Doyal Duncan Erwin Ficklen Flanders Fletcher Flynt Grice

Griffin of Twiggs

Grovenstein

Guillebeau

Gullatt

Hall

Hambl Hamilton Hancock Hatcher Haywood

Head

Henderson of Carroll Henderson of Irwin Hillhouse Hines Hooper

Hopkins Howard of
hoochee Hulme Humphrey Hyman .Jackson

Chatta-

Johnson of Appling Johnson of Camden Jones of Cook Jones of Meriwether Kelley Kempton Kent Ketcham Lanier Lankford Lawson Layton Lee of Clinch Lewis of Gordon Lindsay Loyd Lumpkin Lyons McClure McWhorter Maddox Malone Mann Martin

MONDAY, MARCH 22, 1926.

209

Miller
Milner
Murrah
Napier
Newton Norman Owen Palmour Parker Passmore Pate Peterson of
gomery Rainey Rampley Rice

Mont-

Rickteson
Rivers
Roberts
Rountree
Russell Smith of Grady Smith of Meriwether Smith of Talbot Stark Steed Stovall Strickland of Brantley Talmadge Taylor Thomas Traylor

Trotter
Tucker
Tyson
Vaughn
Webb Weekes West Westbrook Wheeler Whitchard White Wilhoit Wilkin Winship Wood Mr. Speaker

Mr. Wilhoit of Warren, Chairman of the Committee on Journals, reported that the Journal had been read and found correct.

By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.

The Journal was confirmed.

By unanimous consent the following bills of the House were read the second time and recommitted:
By Mr. Humphrey of Emanuel-
House Bill No. 28. A Bill to be entitled an Act to amend the Charter of the City of Swainsboro, to allow paving to be done.

By Mr. Duncan of Houston-
House Bill No. 30. A Bill to amend the Charter of the City of Perry, to allow paving to be done.

210

JouRNAL OF THE HousE,

By unanimous consent the following was established as the order of business during the first part of the period of unanimous consents:

1. Introduction of new matter under the Rules.

2. Reports of Standing Committees.

3. Reading of House and Senate Bills and Resolutions, favorably reported, the second time.

4. Passage of uncontested local House and Senate Bills and Resolutions and general House and Senate Bills and Resolutions having a local application.

5. First reading of Senate Bills and Resolutions.

By unanimous consent the following bills and resolutions were read the first time and referred to the Committees:

By Mr. Jones of Cook-
House Bill No. 31. A Bill to amend charter of City of A del.

Referred to committee on Municipal Government.

By Mr. Lee of Clinch-
House Bill No. 32. A Bill to amend Act creating a new charter for town of Homerville.

Referred to committee on Municipal GoYernment.
By Messrs. Dekle and Stanford of LowndesHouse Bill No. 33. A Bill to propose amendment to
Constitution so as to permit county of Lowndes and City

MONDAY, MARCH 22, 1926.

211

of Valdosta, either or both to increase their bonded indebtedness, in an amount of not exceeding one million dollars for building, establishing or maintaining the Woodrow Wilson College.

Referred to Committee on Amendments to the Constitution.

By Messrs. Howard of Chattahoochee, Hopkins of Thomas and Davis of DeKalb Counties-
House Bill No. 34. A Bill to provide that certain past due pensions of Confederate veterans to be paid to their widows.

Referred to Committee on Appropriations.

By Messrs. Henderson and Beck of Carroll-
House Resolution No. 13-34D. A Resolution providing for pay of Ordinaries for the distribution of back due pensions to the ex-Confederate Soldiers and their widows.

Referred to Committee on Appropriations.

By Messrs. Lyons of Butts and Rampley of Habersham-
House Resolution No. 8. 34 A Resolution to require the Pension Commissioner to furnish statement of accrued indebtedness to deceased pensioners under Act of August 15th, 1904.

Lie on Table one day.

By Mr. Miller of Muscogee and Mr. Mann of Glynn-
House Resolution No. 9-34B. A Resolution calling upon the Highway Department for certain information.

Lie on Table one day.

212

JouRNAL OF THE HousE,

By Mr. Daniel of Troup-
House Resolution No. 12-34C. A Resolution relative to Mr. James A. Holloman.

Referred to Committee on Amendments to the Constitution.

The following resolutions of the House were read and adopted:
By Messrs. Camp and Head of CobbHouse Resolution No. 10. A Resolution commending
U. S. Senators Harris and George in regard to Kennesaw Mountain Memorial.

By Messrs Weekes of DeKalb, Hooper of Fulton, and McWhorter of Oglethorpe-
House Bill No. 11. A Resolution extending the sympathy of the House of Representatives to President Coolidge and family in their recent bereavement in the loss of his distinguished father.
Mr. Jones of Meriwether County, Chairman of the Committee on Amendments to Constitution, submitted the following report:
Mr. Speaker:
Your Committee on Amendments to Constitution has had under consideration the following Bill of the House and has instructed me as chairman, to report the same back to the House with the recommendation that the same do pass:
House Bill No. 3. Bonds for Educational purposes, do pass.
Respectfully submitted, JoNES of Meriwether, Chairman.

MoNDAY, MARCH 22, 1926.

213

Mr. Barrett of Stephens County, Chairman of the Committee on Appropriations, submitted the following report:

Mr. Speaker:

Your Committee on Appropriations have had under consideration the following Bill of the House and have instructed me as Chairman, to report the same back to the House with the recommendation that the same do pass:

House Bill No. 1. An Act authorizing the Governor to set apart, sell and discount the W. & A. rental for eight (8) years instead of six (6) years, do pass.

Respectfully submitted, BARRETT of Stephens, Chairman.

Mr. J. Scott Davis of Floyd County, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the House and has instructed me as chairman, to report the same back to the House with the recommendation that the same do pass:
House Bill No. 15. Entitled an Act to authorize the State Board of Education to develop standards for school buildings for public schools; to provide for advisory assistance in the planning and construction of schoolhouses; to provide ways and means therefor; and for other purposes, do pass.
House Bill No. 22. To be entitled an Act to amend Section 67 of the Georgia School Code so as to make the

214

JouRNAL OF THE HousE,

school year be from July 1st to the next June 30th inclusive, beginning with July 1, 1927; and for other purposes, do pass.
Respectfully submitted, DAVIS of Floyd, Chairman.

Mr. Hyman of Washington County, Chairman of the Committee on General Judiciary No. 2, submitted the following report:

Mr. Speaker:

Your Committee on General Judiciary No. 2, has had under consideration the following Bill of the House and has instructed me as chairman, to report the same back to the House with the recommendation that the same do pass:

House Bill No. 2. An Act prohibiting issuance of nonpar stock, do pass.

Respectfully submitted, Hyman of Washington, Chairman.
A. D. TucKER of Berrien, Secretary.

The following Bills of the House were favorably reported and read the second time:
By Mr. Culpepper of Fayette-
House Bill No. 1. A Bill authorizing the Governor to sell, set apart and discount the rentals of theW. & A. Railroad so as to provide for a discount of said rentals for a period of eight years instead of six.

MoNDAY, MARCH 22, 1926.

215

By Miss Kempton of Fulton-
House Bill No. 2. A Bill to amend and revise the laws authorizing and regulating the issuance of non par Stock by corporations of this State.

By Mr. Barrett of Stephens-
House Bill No. 3. A Bill to amend the Constitution regarding a $23,000,000 bond indebtedness for educational purposes.

By Mrs. Viola R. Napier of Bibb and Mr. Davis of Floyd-
House Bill No. 15. A Bill to authorize the State Board of education to develop standards for school buildings for public schools.

By Messrs. Smith of Talbot and Mallard of Charlton-
House Bill No. 22. A Bill to amend Section 67 of the Georgia school Code so as to make the school year be from July 1st to June 30th inclusive, beginning with July 1, 1927.

Mr. Lindsay of DeKalb moved that House Resolution No. 9-34b, which was ordered to lie on the table one day, be committed to the Committee on Public Highways.

On the motion to commit the ayes were 35, nays 70.

The motion to commit was lost and the resolution will lie on the table at least one day.
Mr. Rivers of Lanier moved that the House do now adjourn and the motion prevailed.
Leave of absence was granted to Mr. Stanford of Lowndes, Mr. McElmurray of Burke, and Mr. Taylor of Richmond.
The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

216

JouRNAL OF THE HousE, FIFTH DAY

REPRESENTATIVE HALL, ATLANTA, GA.,
TuESDAY, MARCH 23, 1926.

The House met pursuant to adjournment this day at 10:00 o'clock, A. M., was called to order by the Speaker and opened with prayer by the Chaplain.

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

Adams Alexander Anderson Andrews Baker Bandy Barrett Bartlett Blease Bloodworth Boswell Bower Brown Brunson Burch Camp of Clayton Camp of Cobb Camp of Coweta Chappell Childs Collins Cooper Culpepp<'r Daniel

Davis of Floya Davis of Thomas Dekle Dorris of Douglas Dorris of Crisp Doyal DuBose Duncan Dykes England Erwin Evans Ficklen Flanders Fletcher Flynt Gillen Grant Greer Grice Griffeth Griffin of Twiggs Griner GroYenstl'in

Guillebeau Gullatt Hamby Hamilton Harris Hatcher Haywood Head Henderson of Carroll Henderson of Irwin Hillhouse Hines Hooper Hopkins Howard of Chatta-
hoochee Howard of Long Hulme Humphrey Hyman Jackson James Johnson of Appling Johnson of Bacon

TuEsDAY, MARCH 23, 1926.

217

Johnson of Camden Jones of Cook Jones of Meriwether Kelley Kempton Kent Ketcham Lanier Lankford Lawson Lawton Layton Lee of Clinch Lee of Screven Lewis of Gordon Linder Lindsay Logan Loyd Lyons McCluney McClure McCrory McEivey McKoy McWhorter Maddox Malone Mann Martin Matthews Miller Milner Milton

Napier New Newton
~orman
Oliver Owen Palm our Parker Parrish Paschal Passmore Pate Peacock Peterson of Mont-
gomery Phillips Pilcher Quarterman Rainey Rampley Rawls Ricketson Riley Rivers Roberts Rosser Rountree Smith of Grady Smith of Meriwether Smith of Talbot Spence Stanford Stark Steed

Stone of Union
Stone of Walton
Stovall
Strickland of Brantley
Swint
Talmadge Taylor Thomas Tippins Traylor Trippe Trotter Tucker Turner Tyson Vaughn 'Varren Webb Weekes West Westbrook Wheeler Whelchel Whit chard White Wilhoit Wilkin Williams of Harris Williams of Walton Wilson Winship Wood Mr. Speaker

Mr. Wilhoit of Warren, Chairman of the Committee on Journals, reported that the Journal had been read and found correct.

By unanimous consent the reading of the Journal of yesterdays proceedings was dispensed with.

The Journal was confirmed.

218

JouR~AL oF THE HousE,

By unanimous consent the following was established as the order of business during the first part of the period of unanimous consents:

1. Introduction of new matter under the Rules.

2. Reports of Standing Committees.

3. Reading of House and Senate Bills and Resolutions, favorably reported, the second time.

4. Passage of uncontested local House and Senate Bills and Resolutions, and general House and Senate Bills and Resolutions, having a local application.

5. First reading of Senate Bills and Resolutions.

The following Resolution was read and adopted:

By Mr. Linder of Jeff Davis-
House Resolution No. 14. A Resolution extending the sympathy of the House of Representatives to the family of Mrs. Maud Barker Cobb, deceased, who was former State Librarian.
By unanimous consent the following Bills of the House were introduced, read the first time and referred to the Committees:
By Mr. Lawton of ChathamHouse Bill No. 35. A Bill to authorize the issuance
and sale of State Highway Bonds; to create a State Bond Commission, and to prescribe its duties, etc.
Referred to Committee on Public Highways.

TuESDAY, MARCH 23, 1926.

219

By Mr. McCluney of Baldwin-
House Bill No. 36. A Bill to increase the fee of the ordinary for pension work from $1.00 to $2.00 per year.

Referred to Committee on General Judiciary No. 2.

By Messrs. Harris and England of Jefferson-
House Bill No. 37. A Bill to amend charter of City of Louisville to allow issuance of bonds for paving and improvement.

Referred to Committee on Municipal Government.

By Messrs. England and Harris of Jefferson-
House Bill No. 38. A Bill to amend charter of City of Wadley to allow issuance of bonds for paving and improvements.
Referred to Committee on Municipal Government.

The following message was received from the Senate through Mr. McClatchey, the Secretary thereof:

Mr. Speaker:

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

By Messrs. Camp and Head of Cobb-
House Resolution No. 10. A Resolution commending United States Senators William J. Harris and Walter F. George in regard to Kennesaw Mountain as a National Park.
Mr. Jones of Meriwether County, Chairman of the Committee on Amendments to the Constitution, submitted the following report:

220

JOURNAL OF THE HOUSE,

Mr. Speaker:

Your Committee on Amendments to the Constitution has had under consideration the following Bills of the House and has instructed me as chairman, to report the same back to the House with the recommendation that the same do pass, to-wit:
House Bill No. 14. To amend Constitution, to permit counties to levy for Health and Vital Statistics, do pass.

House Bill No. 29. To permit Fulton and DeKalb Counties to levy special tax for educational purposes, do pass.
Respectfully submitted,
JoNES of Meriwether,
Chairman.

Mr. Trippe of Bartow County, Vice-Chairman of the Committee on Corporations, submitted the following report:

Mr. Speaker:

Your Committee on Corporations has had under consideration the following Bill of the House and has instructed me as Vice-chairman, to report the same back to the House with the recommendation that the same do pass:
House Bill No. 25, do pass.
Respectfully submitted, TRIPPE of Bartow, Vice-Chairman.

Mr. West of Randolph County, Vice-Chairman of the Committee on Municipal Government, submitted the following report :

TuESDAY, MARCH 23, 1926.

221

Mr. Speaker:

Your Committee on Municipal Government have had under consideration the following Bills of the House and have instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
House Bill No. 13. To amend Charter of City of McRae, do pass.
House Bill No. 28. To amend Charter of City of Swainsboro, do pass as amended.
House Bill No. 30. To amend Charter of City of Perry, do pass.
House Bill No. 31. To amend Charter of City of Adel, do pass as amended.
House Bill No. 32. To amend Charter of City of Homerville, do pass.
Respectfully submitted, WEsT of Randolph, Vice-Chairman.
Mr. T. J. Anderson of Chattooga County, Chairman of the Committee on Pensions, submitted the following report:
Mr. Speaker:
Your Committee on Pensions has had under consideration the following House Resolution No. 6 and has instructed me as chairman, to report the same back to the House with the recommendation that the same do pass:
House Resolution No. 6.
Respectfully submitted, T. J. ANDERSON, Chairman.

222

.JouRNAL oF THE HousE,

By unanimous consent the following Bills and Resolutions of the House favorably reported were read the second time:

By Mr. Cooper of Telfair-
Hause Bill No. 13. A Bill to amend by substitution an Act creating a new charter for the City of McRae.

By Messrs. Culpepper of Fayette and Hyman of Washington-
House Bill No. 14. A Bill to amend the Constitution regarding prevention of diseases and deaths of human beings and for the collection and preservation of record of birth.

By Messrs Rice and Hancock of Jackson-
House Bill No. 25. A Bill to amend the charter of Commerce Georgia in the County of Jackson.

By Messrs Wood, Hooper and Kempton of Fulton and others-

House Bill No. 29. A Bill to amend the Constitution of Georgia relative to levying a school tax of one mill in counties with Cities of 200,000, or more.

By Mr. Jones of Cook-
House Bill No. 31. A Bill to amend the Charter of the City of Adel.
By Mr. Lee of Clinch-

House Bill No. 32. A Bill to amend an Act creating a new charter for the town of Homerville.

TuESDAY, MARCH 23, 1926.

223

By Messrs. Henderson of Irwin and Tucker of Berrin-
House Resolution No. 6. A Resolution to pay Mrs. Mary McCormick a Widow a pension for the year of 1922.

By unanimous consent the following Bills of the House

\

were read the third time and placed on their passage: By Mr. Humphrey of Emanuel-

(

House Bill No. 28. A Bill to amend the Charter of the

>I,

City of Swainsboro to allow issuance of bonds for paving and improvements.

The following Amendment was read and adopted:
By Mr. Humphrey of Emanuel-
Amend by adding at the end of Section Four the following: "Provided further that assessments levied against said abutting property and the owners thereof in accordance with the apportionments herein provided for, shall be paid in not more than ten equal annual installments, and shall bear interest at a rate not to exceed eight per cent. per annum until paid."
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill the Ayes were 130, Nays 0.
The bill having received the requisite constitutional majority was passed as amended.
By Mr. Duncan of HoustonHouse Bill No. 30. A Bill to amend the Charter of the
City of Perry to allow issuance of bonds for paving and improvements.
The report of the committee, which was favorably to the passage of the bill, was agreed to.

224

JouRNAL OF THE HousE,

On the passage of the bill the Ayes were 120, Nays 0.

The bill having received the requisite constitutional majority was passed.

Under the call of the authors, the following resolutions

of the House, which were ordered to lie on the table at least one day, were taken up for consideration, to-wit:
By Messrs. Lyons of Butts and Rampley of Habersham-

I

House Resolution No. 8-34a. A Resolution to require

J
I

the Pension Commissioner to furnish statement of accrued

i

indebtedness to deceased pensioners under Act of August

15, 1904.

The resolution was adopted.

By Messrs. Mann of Glynn and Miller of Muscogee-

House Resolution No. 9-34b. A Resolution requesting certain information from the State Highway Department.

Mr. Boswell of Greene moved the previous question on the resolution.
Mr. Lindsay of DeKalb moved to table the resolution.

On the motion to table Mr. Miller of Muscogee called for the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:

Affirmative-

Alexander Anderson Andrews Baker Bandy Barrett Ble.ase Blo~dworth Boswell Bower Camp of Clayton Camp of Cobb Chappell

Childs Culpepper Daniel Davis of Floyd Dekle Dorris of Douglas Doyal DuBose England Flanders Fletcher Flynt Gillen

Grant Griffeth Griffin of Twiggs Grovenstein Guillebeau Gullatt Hamby Hamilton Harris Haywood Hillhouse Hyman Johnson of Appling

TuESDAY, MARCH 23, 1926.

225

1\clley
Kempton Kent J\etcham Lanier Lawson Lee of Clinch LPe of Screven Lindsay Logan Loyd
~IcElwy ~IcKoy
McWhorter Maddox :\Iartin }fatthewR
~Iilner ~ew

Norman
Oliver Owen Palm our Parker Paschal Peacock Peterson of
gomery Pilcher Rainey RamplPy Rawls Ricketson Riley Rivers Roberts Rosser Spence

~font-

Stanford
Stark Steed Stone of \Y alton Stovall Swint Talmadge Taylor Tippins Traylor Trotter Warren WhePler Whelchel
White
Wilhoit Williams of ".alton
Wood

Negative-
Burch
Camp of Coweta Collins Davis of Thomas Dykes Erwin Ficklen Greer Head Henderson of Carroll Henderson of Irwin Hines Hooper Hopkins Howard of Chatta-
hoochee Hulme Humphrey Jackson

Johnson of Bacon
.Johnson of Camden Jones of Cook Lawton Layton Lewis of Gordon Linder Lyons McCluney McClure :\I:ilone Mann Miller :\lilton Passmore Pate Phillips Quarterman Smith of Grady

Smith of l\Ieri,Yether
Smith of Talbot
Stone of l'nion
Strickland of Brantley
Thomas
Trippe
Tucker Turner Tyson Vaughn Webb Weekes West West brook Whitchard Wilkin 'Yilliams of Harris Winship

By unanimous consent the verification of the roll call was dispensed with.
On the motion to table the ayes were 94, nays 55.

JouRNAL OF THE HousE,

The motion to table prevailed.

Mr. Norman of Henry arose to a question of personal privilege and addressed the House.

Under the regular order of business the following Bill of the House was taken up for consideration and read the third time:
By Mr. Culpepper of Fayette-
House Bill No. 1. A Bill to authorize the Governor to set apart, sell and discount the rental arising from the existing lease of the Western and Atlantic Railroad for a period of eight years, to pay Confederate Pensions.

The bill, involving an appropriation, the House resolved itself into a Committee of the Whole House, and the Speaker designated Mr. Harris of Jefferson as the Chairman thereof.

The Committee of the Whole House arose and through its Chairman reported the bill back to the House with the recommendation that the same do pass.

Mr. Wilhoit of Warren offered a Substitute to House Bill No. 1.
The Substitute was lost.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.

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

Affirmative-
Alexander Anderson Andrews

Bandy Barrett Bledse

Bloodworth Boswell Bower

TuESDAY, MARCH 23, 1926.

227

Burch Camp of Clayton Camp of Cobb Camp of Coweta Chappell Childa Collins Cooper Culpepper Daniel D~vis of Floyd Davis of Thomas Dekle Dorris of Douglas Dorris of Crisp DuBose Dykes England Erwin Ficklen Flanders Fletcher Flynt Gillen Grant Greer Grice Griffeth Griffin of Twiggs Grovenstein Guillebeau Gullatt Hamby Hamilton Harris Haywood Head Henderson of Carroll Henderson of Irwin Hillhouse Hines Hooper Hopkins Howard of Chatta-
hoochee

Hulme Humphrey Hyman Jackson James Johnson of Appling Johnson of Bacon Johnson of Camden Jones of Cook Jones of Meriwether Kelley Kempton Kent Ketcham Lanier Lawson Lawton Layton
Lee oJ Clinch
Lee of Screven Lewis of Gordon Lewis of Gordon Linder Lindsay Logan Loyd Lyons McCluney McClure McCrory McElvey McKoy McWhort<>r Maddox Malone Mann Martin Miller Milner Milton Napier New Norman Oliver Owen

Palmour Parker Parrish Paschal Pate Peacock Peterson of Mont-
gomery Phillips Pilcher Quarterman Rampley Rawls Ricketson Riley Rivers Roberts Rosser Smith of Meriwether Smith of Talbot Htanford Stark Steed Stone of Walton Stovall Strickland of Brantley Swint Talmadge Taylor Thomas Tippins Traylor Trippe Trotter Tucker Turner Tyson Vaughn Warren Webb Weekes West Westbrook Wheeler Whelchel

228
Whit chard \Yhite

JouR~AL oF 'l'HE HousE,

Wilhoit Wilkin

WilliamH of Harris \Youel

By unanimous cons~nt the verification of the roll call was dispensed with.
On the passage of the bill, the ayes >vere 147, nays 0.
The bill having received the requisite constitutional majority was therefore passed.
Privileges of the floor were granted to Ron. B. J. Tarbutton of 'Vashington County, Hon. James T. Vocelle, of Florida, Hon. A. P. Persons of Talbot County, Hon. H. Barrett of Jasper County, Hon. ';l'homas J. Shackleford of Clarke County, and Hon. W. H.-Key of Jasper County.
Mr. Dykes of Dooly moved that the House do now adjourn and the motion prevailed.
Leave of absence was granted to Mr. Davison of Peach, Mr. Grant of Morgan, Mr. Evans of Screven, Mr. Gill of Bryan, Mr. Peek of Polk, and Mr. Hall of Treutlen.
The Speaker announced the House adjourned until to morrow morning at 10:00 o'clcok.

'VED~ESDAY, 1\L-\RCH 24, 1926.

229

SIXTH DAY
REPRESE~TATIVE HALL, ATLANTA, GA.,
WEDNESDAY, MARCH 24,1926.
The House met pursuant to adjounment this day at 10:00 o'clock, A. M., was called to order by the Speaker
and opened with prayer low the Chaplain.
On motion the roll call was dispensed with.
Mr. Wilhoit of Warren, Chariman of the Committee on Journals, reported that the Journal had been read and found correct.
By unanimous consent the reading of the Journal of yesterdays proceedings was dispensed with.
The Journal was confirmed.
By unanimous consent the following was established as the order of business during the first part of the period of unanimous consents :
1. Introduction of new matter under the Rules.
2. Reports of Standing Committees.
3. Reading of House and Senate bills and resolutions, favorably reported, the second time.

230

JouRNAL OF THE HousE,

4. Passage of uncontested local House and Senate bills and resolutions and general House and Senate bills and resolutions having a local application.

5. First reading of Senate bills and resolutions.
By unanimous consent the following bills of the House were read the first time and referred to the Committees: ..
By Mr. Zellars of Hart-
House Bill No. 39. A Bill to amend Act approved August 18, 1923, authorizing City of Hartwell to pave certain streets therein in connection with the Commissioners of Hart County.

Referred to Committee on Municipal Government.
By Messrs. Chappell of Lamar, Fletcher of Monroe, and Talmage of Jasper-
House Bill No. 40. A Bill to appropriate the sum of Fifteen Thousand Dollars for purpose of placing new roofs on the buildings and general repairs of the same at the Sixth District Agricultural and Mechanical School located at Barnesville, to appropriate sum of Ten Thousand Dollars for purpose of enlarging and rearranging the academic building at said school.
Referred to Committee on Appropriations.

By Mr. Harris of Jefferson-
House Bill No. 41. A Bill to amend Paragraph 61, Section 2 of General Tax Act approved December 19, 1923, relative to special or occupation tax imposed by law upon insurance agents.

Referred to Committee on Ways and Means.

WEDNESDAY, MARCH 24, 1926.

231

By Mr. Perkins of Jenkins-
House Bill No. 42. A Bill to amend new charter for city of Millen, to allow paving to be done.

Referred to Committee on Corporations.

\
l

By Messrs. Smith of Talbot, Williams of Walton and Zellars of Hart-
House Bill No. 43. A Bill to authorize securing of advances made for the purpose of planting, making, or gather-

!

ing a crop or crops, by giving of a bill of sale of such crops,

etc.

I
Referred to Committee on General Judiciary No 1.

By Messrs. MeWhorter of Oglethorpe and Davis of Floyd-
House Bill No. 44. A Bill to authorize and empower board of trustees of local school districts levying a local school tax to borrow sufficient money, and no more, to pay for the operation of said school, etc.

Referred to Committee on Education.

Mr. Jones of Meriwether County, Chairman of the Committee on Amendments to the Constitution, submitted the following report:

Mr. Speaker:

Your Committee on Amendments to the Constitution has had under consideration the following Bills of the House and has instructed me as chairman, to report the same back to the House with the recommendation that the same do pass:
House Bill No. 12. To classify intangible property for taxation, do pass as amended.

232

JouRNAL OF THE HousE,

House Bill K o. 33. To allow Valdosta and Lowndes County to increase debt for Wilson College, do pass.

Respectfully submitted, W. R. JONES, Chairman.

Mr. Barrett of Stephens County, Chairman of the Committee on Appropriations submitted the following report:

1'vfr. Speaker:

Your Committee on Appropriations has had under consideration the following Bills of the House and has instructed me as chairman, to report the same back to the House with the recommendation that the same do pass.

House Bill No. 18, appropriating $95,000.00 to replace a burned building at the Twelfth District Agricultural and Mechanical School, do pass.

House Bill No. 21, amending the Service Bureau Law, and making additional appropriations to the Bureau, do pass.

House Bill No. 27, making appropriation for the increased salary of Assistant Commissioner of Commerce and Labor, do pass.
Respectfully submitted, BARRETT of Stephens, Chairman.

Mr. Hyman of Washington County, Chairman of the Committee on General Judiciary No. 2, submitted the following report:

Mr. Speaker: Your Committee on General Judiciary No. 2 has had

(

'VEDXESDAY, MARCH 24, 1926.

233

under consideration the following bills and resolutions of the House and has instructed me as chairman, to report the same back to the House with the recommendation that the same do pass:

House Resolution No. 5. A Resolution authorizing the Georgia Normal School to borrow money, do pass.

House Bill No. 6. To empower Municipal Corporations to establish general registration of voters, do pass.

House Bill X o. 24. To extend the jurisdiction of Public Service Commission to include regulation and operation of Motor Vehicles, do pass.

Respectfully submitted, H YMAX of Washington, Chairman. TucKER Secretary.

Mr. Rosser of Walker County, Vice-Chairman of the Committee on State of Republic, submitted the following report:

:l'Ir. Speaker:
Your Committee on State of Republic has had under consideration the following Resolution of the House and has instructed me as chairman, to report the same back to the House with the recommendation that the same do pass.
House Resolution No. 4-30a. Do pass.
Respectfully submitted,
J. RALPH RossER of Walker, Vice-Chairman.

234

JouRNAL OF THE HousE,

Mr. McClure of Walker County, Chairman of the Committee on University of Georgia and its Branches submitted the following report:

Mr. Speaker:
Your Committee on University of Georgia and its Branches has had under consideration the following bill of the House and has instructed me as chairman, to report the same back to the House with the recommendation that the same do pass.
House Bill No. 23. Do pass.

Respectfully submitted,
McCLURE of Walker, Chairman.

Mr. Roy Harris of Jefferson County, Chairman of the Committee on Ways and Means, submitted the following report:

Mr. Speaker:
Your Committee on Ways and Means has had under consideration the following House Bill No. 7 and has instructed me as chairman, to report the same back to the House with the recommendation that the same do pass.

House Bill No. 7. To be entitled an .Act to amend an Act approved August 27, 1925, entitled an Act to assess and collect from estates in Georgia subject to Federal Estate taxes 25 per cent. of the amount found to be due as Federal taxes, for State Inheritance taxes and for other purposes.

Respectfully submitted,
RoY HARRIS of Jefferson, Chairman.

WEDNESDAY, MARCH 24, 1926.

235

By unanimous consent the following Bills and Resolutions of the House, were favorably reported and read the second time:

By Mr. Harris of Jefferson-
House 1;3ill No. 6. A Bill to empower all municipal corporations incorporated by the General Assembly of Georgia to make provisions for and to establish a general system of registration of voters.

By Messrs. Neill of Muscogee and others-
House Bill No. 7. A Bill to amend an Act to assess and collect from estates in Georgia subject to Federal Estate taxes, 25 per cent. of the amount found to be due as Federal Taxes for State Inheritance taxes.
By Messrs. Lawton of Chatham and Jones of Meriwether-
House Bill No. 12. A Bill that the State may segregate stocks, bonds, moneys, accounts, whether mortgaged or not, choses in action, etc. for taxation by the State.

By Mr. Jackson of Bleckley-
House Bill No. 18. A Bill to appropriate funds for the rebuilding of the main administration building for Twelfth District A. & M. School located at Cochran.

By Messrs. Griffin of Decatur, Hooper of Fulton and others--
House Bill No. 21. A Bill to amend an Act to assist Exservice men.

By Messrs. Hines and Riley of Sumter-
House Bill No. 23. A Bill to establish as a branch of the University of Georgia, a Normal School to be located at Americus, Georgia.

236

JOURNAL OF THE HOUSE,

By Mr. Miller of Muscogee and others-
House Bill No. 24. A Bill to extend the Jurisdiction of the Georgia Public Service Commission to include the regulation of Motor Vehicles.

By Mr. Vaughn of 'Rockdale-
I
House Bill No. 27. ..\. Bill to increase the salary of the Assistant Commissioner of Commerce and Labor.

By Messrs. Dekle and Stanford of Lowndes-
House Bill No. 33. A Bill to amend the Constitution so as to allow the County of Lowndes and the City of Valdosta to increase their bonded indebtedness.

By Messrs. Parrish and Brunson of Bulloch-
House Resolution No. 5. A Resolution authorizing the Gem;gia'Normal School to borrow money.

/J :.,y unanimous consent the following bills of the House
.we"r'e read the third time and placed on their passage:

: -ey Mr. Cooper of Telfair-
(
{ House Bill No. 13. A Bill to amend the Charter of
:the City of McRae, Georgia.

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

On the passage of the bill the Ayes were 110 Nays 0.

The bill having received the requisite constitutional majority was passed.

WEDNESDAY, MARCH 24, 1926.

237

By Mr. Jones of Cook-
House Bill No. 31. A Bill to amena the Charter of the City of Adel to permit paving, etc.

By Mr. Jones of CookThe following amendment was read and adopted:

By Mr. Jones of Cook-

Amend House Bill No. 31 by striking Section 11 thereof

and substituting in lieu thereof the following: "Section 11.

Be it further enacted by the authority aforesaid that the

:Mayor and Council of the said City of Adel shall not have

authority to pass any ordinance or resolution which gives to

the City of Adel the right and authority to make any of the

improvements designated in this Act or levy assessments

\ I

provided for herein unless and until fifty-one per cent. or more of the abutting property owners on the street, portion

of street, or project upon which the improvements are de-

sired, shall have petitioned the Mayor and Council setting

forth the improvemeJ.lts desired, and, be it further enacted

that Section 2 of this Act shall not be of force and effect

until the provisions of this Section have been complied with.

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

On the passage of the bill the Ayes were 114 Nays 0.

The bill having received the requisite constitutional majority was passed as amended.
By Messrs. Rice and Hancock of Jackson-
House Bill No. 25. A Bill to amend the Charter of the City of Commerce to allow paving to be done.

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

238

JouRNAL OF THE HousE,

On the passage of the bill the Ayes were 112 Nays 0. The bill having received the requisite constitutional majority was passed.

By Mr. Lee of Clinch-
House Bill No. 32. A Bill to amend the Charter of the Town of Homerville relative to the registration of voters thereof.

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

On the passage of the bill the Ayes were 117 Nays 0.

The bill having received the requisite constitutional majority was passed.

Mr. Dykes of Dooly, Vice-Chairman of the Rules Committee, submitted the following report:

Mr. Speaker:
Your Committee on Rules having had under consideration the matter of the limitation of individual speeches instructs me as its vice-Chairman to introduce and submit to the House the following resolution, to-wit:

Resolved, that until otherwise ordered by the House and throughout the remainder of the extraordinary session all individual speeches on all matters and questions before the House shall be limited to twenty minutes, provided however that this limitation shall not apply to individual speeches on proposals to the people of constitutional amendments.
DYKES of Dooly
Vice-Chairman, Rules Committee

WEDNESDAY, MARCH 24, 1926.

239

The following amendment offered to the resolution recommended by the Committee on Rules, was :read:

Mr. Lawton of Chatham moved to amend the resolution by adding at the end thereof the following: "or to speeches by the author of the bill under consideration."

The following amendment to the amendment offered by Mr. Lawton of Chatham, was read and adopted:

Mr. Vaughn of Rockdale-
Amend the Lawton of Chatham amendment by adding at the end thereof the following words: "Where more than one are authors of the bill under consideration, only one author shall have JllOre than twenty minutes."

The amendment of Mr. Lawton of Chatham was adopted as amended.

The resolution was adopted as amended.

Mr. Dykes of Dooly, Vice-Chairman of the Rules Committee, submitted the following report:

Mr. Speaker:
Your Committee on Rules having had under consideration the matter of afternoon sessions instructs me as its ViceChairman, to introduce and submit the following resolution and recommend its adoption, to-wit:

Resolved that beginning Monday, March 29th, 1926, and until otherwise ordered by the House, the House shall reconvene at three o'clock, P. l\1.
,. DYKES of Dooly,
Vice-Chairman, Rules Committee

240

JouR~AL oF THE HousE,

The following substitute to the resolution recommended by the Rules Committee, was read and adopted:

By Messrs. Trippe of Bartow, Lewis of Gordon, and Vaughn of Rockdale-
A Resolution. Resolved that this House convene in daily sessions at nine o'clock A. M., beginning on Thursday, March 25, 1926.

The resolution recommended by the Rules Committee was adopted by substitute.
The following resolution was read and referred to the Committee on Rules:

By Messrs. Jackson of Bleckley and l\Iilner of Dodge-
A Resolution. To fix a special order of business for Thursday morning, :\larch 25, 1926.

The following resolution was read:
By ::\Ir. Stanford of Lowndes-
House Resolution .Ko. 18. Resolved by the House of Representatives, the Senate concurring, that the General Assembly of the State of Georgia adjourn Sine Die at six o'clock, P.M., on \Vednesday, March 31, 1926.

Mr. Lindsay of DeKalb moved to table the resolution.

Mr. New of Laurens moved the ayes and nays on the motion to table and the call was sustained.

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

Affirmative---
Adams Alexan(kr Anderson

Andre\\s Randy Barrett

Berk BIPase Bloodworth

WEDNESDAY, MARCH 24, 1926.

241

Bower Brunson Burch Camp of Clayton Camp of Cobb Camp of Cowrta Childs Collins Cooper Culpepper DaYis of Floyd Denmark Dorris of Crisp
Dor~ey
Doyal
DuBo~e
Duncan Dykes England Erwin Ficklen Gillen (;riffeth Griner GroYcnstein Gullatt Hamby Hamilton Harris Head Henderson of Carroll Hender~on of Irwin Hines Hooper Howard of Chatta-
hoochee
N egati ve---
Baker Brown Chappell Daniel DaYis of Thomas Dekle DorriR of Doup;las

Howard of Long Hulnw Humphrey Hyman James .Johnson of Bacon .Johnson of Camden .Jonrs of l\leriwethcr 1\:ent Lawton Layton Lee of Clinch Lewis of Gordon
Linds~1y
Logan Lumpkin Lyons :\IcCiuney :\IrCiurP :\IrElwy 1\Ie\\"horter l\lallard :\!:done :\lillPr :\Iilner :\lilt on l\lurmh ::\a pier
O"i\pn
Palmour
Parrish Paschal
Passmore
Pate Peacock
FlandPrR Fletcher Flynt Cn'er Crirc Griffin of Decatur Griffin of Twiggs

Pile her Quarterman Rampley Rie Riley Rivers Roberts Rosser Russell Smith of Grady Smith of l\bdison Rmith of :;\leriwrther Smith of Tnlbot Spence Stark Stone of Walton Strickland of Brantley Strickland of Pierce Taylor Thomas Traylor Trippe Turner Yaughn \Y::trren Webb Weekes \Yestbrook \\heeler
\Yhite \Yillinms of H~uris \Yinship Z!'lbrs
Hancock Hay,Yood Hillhouse HopkinR .Johnson of .\ppling
Kell~y
Ketcham

242

JouRNAL oF THE HousE,

King Lanier Lewis of Colquitt Lewis of Hancock Linder Loyd McCrory McElmurray McKoy Maddox Martin
:;'vlatthew~;~
Montgomery
Xew

Xewon Norman Oliver Parker Perkins Peterson of
gomery Phillips Pickering Rainey Raws Ricketson
Short
Stanford

Ayes 112 Nays 60

Mont-

Steed Stovall Talmadge Tippins Trotter Tyson West Whelchel White hard Wilhoit Wilkin \Yilson

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

On the motion to table the ayes were 112 nays 60.

The resolution was tabled.

Under the regular order of business the following bills were taken up for consideration and read the third time:

By Miss Kempton of Fulton-
House Bill No. 2. A Bill to amend an Act regulating the issuing of non-par stock by corporations of this State.

Tbe report of the Committee which was favorable to the passage of the bill, was agreed to.

On the passage of the bill the ayes were 110 nays 2.

The bill having received the requisite constitutional majority was passed.

Mr. Dykes of Dooly moved that when the House adjourn

WEDNESDAY, MARCH 24, 1926.

243

today it stand adjourned until tomorrow morning at 10:00 o'clock; and the motion prevailed.

By Mr. Barrett of Stephens-
House Bill No. 3. A Bill to amend the Constitution so as to provide for the issuance of bonds for educational purposes.

Mr. Dorris of Crisp moved that the House do now adjourn, the motion prevailed, and House Bill No.3 went over as unfinished business.

Leave of absence was granted to Mr. Davidson of Peach and Mr. Whelchel of Colquitt.

The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

244

JOURNAL OF THE HOUSE,

SEVE:\'TH DAY
REPRESENTATIVE HALL, ATLANTA, GA.,
THURSDAY, MARCH 25, 1926.
The House met pursuant to adjournment this day at 10:00 o'clock, A. l\I., was called to order by the Speaker and opened with prayer by the Chaplain.
On motion the roll call was dispensed with. Mr. vVilhoit of Warren, Chairman of the Committee on Journals, reported that the Journal had been read and found correct. By unanimous consent the reading of the Journal of yesterdays proceedings was dispensed with. The Journal was confirmed. By unanimous consent the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of new matter under the Rules. 2. Reports of Standing Committees. 3. Reading of House and Senate Bills and Resolutions, favorably reported, the second time.

THURSDAY, MARCH 25, 1926.

245

4. Passage of uncontested local House and Senate Bills and Resolutions and general House and Senate Bills and Resolutions, having a local application.

5. First reading of Senate Bills and Resolutions.

The following Bills of the House were introduced, read the first time and referred to the Committees:

By Miss Kempton of Fulton, Messrs. Denmark, Lewis and Harris-
House Bill No. 45. A Bill to amend Act of 1920 providing for domestication in State of Georgia of foreign corporations.

Referred to Committee on General Judiciary No. 2.

By Messrs. Humphrey of Emanuel, Mann, Kelley and

\

Milner-
House Bill No. 46. A Bill to propose to amend ~~rticle 7, Section 1, Paragraph 1 of Constitution of Georgia.

Referred to Committee on Amendments to the Constitution.

By Mr. Lindsay of DeKalb-
House Bill No. 47. A Bill to amend Constitution so as to permit issuance of road bonds.

Referred to Committee on Amendments to Constitution.

By Mr. Harris of Jefferson-
House Bill No. 48. A Bill to levy and collect the General Tax Act for the support of the State Government.

Referred to Committee on \Vays and l\Ieans.

246

JouRNAL OF THE HousE,

By Mr. Chappell of Lamar-
House Bill No. 49. A Bill to increase tax of 3 1-2 cents per gallon now levied on fuel distributors to 4 1-2 cents per gallon, and to appropriate the proceeds of said additional half cent per gallon to State Aid Road Fund.

Referred to Committee on Ways and Means.

By Mr. Quarterman of Ware--

House Bill No. 50. A Bill to increase tax per gallon now levied on fuel distributors from 3 1-2 cents per gallon to 4 1-2 cents per gallon and allocate proceeds of said additional one cent into special fund for hard surfacing of all state aid roads, etc.

Referred to Committee on Ways and Means.

By Mr. Quarterman of Ware--
House Bill No. 51. A Bill to authorize a county or counties whenever they see fit to assign by proper resolu-

;

tion and contract their one cent gas tax to State Highway

I

Board.

-

Referred to Committee on Public Highways.

By Messrs. Tippins of Evans and McWhorter of Oglethorpe--
House Bill No. 52. A Bill to amend Act re-organizing and reconstructing the State Highway Department.
Referred to Committee on Public Highways.
By Messrs. Jackson of Bleckley and Rampley of Habersham-
House Bill No. 53. A Bill to allow several agricultural and mechanical schools to have teacher training course and junior college course.

THURSDAY, MARCH 25, 1926.

247

Referred to Committee on Education. By Messrs. McClure and Hamilton-
House Resolution No. 19. A Resolution to provide for joint committee of House and Senate for purpose of investigating and furnishing certain information as to true conditions and type of work now being done in State A. & M. Schools.
Referred to Committee on University of Georgia and Its Branches.
By Mr. Howard of ChattahoocheeHouse Resolution No. 20. A Resolution prohibiting
introduction of new matter after Tuesday, March 30th, 1926.
Referred to Committee on Rules.
Mr. Trippe of Bartow County, Vice-Chairman of the Committee on Corporations, submitted the following report:
Mr. Speaker: Your Committee on Corporations has had under con-
sideration the following Bills of the House and has instructed me as Vice-Chairman, to report the same back to the House with the recommendation that the same do pass:
House Bill No. 42, do pass.
Respectfully submitted,
TRIPP of Bartow, Vice-Chairman.
Mr. Davis of Floyd County, Chairman of the Committee on Education, submitted the following report:

248

JouR~AL oF THE HousE,

Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the House and has instructed me as chairman, to report the same back to the House with the recommendation that the same do pass:

House Bill No. 16. An Act to amend an Act to codify the school laws of Georgia in compliance with the provisions of the .\ct entitled an Act to empower the State Superintendent of Schools, Attorney General, the Chairman of Senate and House Committees on Education, to codify the school laws and for other purposes approved July 20th 1918, do pass.

House Bill Ko. 44. To be entitled an Act to authorize

and empower the board of trustees of local school districts

levying local school tax to borrow sufficient money and no

more, to pay for the operation of said schools: to provide the terms and conditions under which said money may be

~

borrowed; to provide the method of repaying the same,

~

and providing that no board of trustees of any local school district shall borrow an amount in excess of local tax col-

~

lected in the local school district, and for other purposes,

do pass.

Respectfully submitted,

DAvrs of Floyd, Chairman.

1\Ir. west of Randolph County, Vice-Chairman of the Committee on l\lunicipal Government, submitted the following report:

Mr. Speaker:
Your Committee on :Municipal Go\ernment has had under consideration the following Bills of the House and

THURSDAY, ~lARCH 25, 1926.

249

has instructed me as chairman, to report the same back to the House with the recommendation that the same do pass:
House Bill Ko. 37. To amend charter of City of Louisville, do pass.
House Bill No. 38. To amend charter of City of Wadley, do pass.
House Bill No. 39. To amend charter of City of Hartwell, do pass.
Respectfully submitted,
WEsT of Randolph, Vice-Chairman.

Mr. Roy Harris of Jefferson County, Chairman of the Committee on Ways and Means, submitted the following report:

Mr. Speaker:

Your Committee on Ways and Means has had under consideration the following Bill of the House and has instructed me as chairman, to report the same back to the House with the recommendation that the same do pass:

'

House Bill No. 41. A Bill to be entitled an Act to amend Paragraph 61, Section 2 of the General Tax Act approved I>ecember 19, 1923.
Respectfully submitted,

RoY HARRis,
Chairman.

250

JouRNAL OF THE HousE,

By unanimous consent the following Bills of the House which were favorably reported, were read the second time:

By Mr. Davis of Floyd-
House Bill No. 16. A Bill to amend an Act to codify the school laws of Georgia.

By Messrs. Harris and England of Jefferson-

House Bill No. 37. A Bill to amend the charter of the City of Louisville.

By Messrs. England and Harris of Jefferson-

House Bill No. 38. A Bill to amend the Charter of the City of Wadley.

By Mr. Zellars of Hart.House Bill No. 39. A Bill to pave certain streets in

l

Hartwell Georgia in connections with the commissioners

of Hart County.

By Mr. Harris of Jefferson-

House Bill No. 41. A Bill to amend Paragraph 61, Section 2 of the General Tax Act approved December 19th, 1923.

By Mr. Perkins of Jenkins-
House Bill No. 42. A Bill to amend an Act creating a new charter for the City of Millen.

By Mr. McWhorter of Oglethorpe and Mr. Davis of Floyd-

House Bill No. 44. A Bill to empower the board of trustees of local school districts levying a local school tax

!

'I

THURSDAY, MARCH 25, 1925.

251

to borrow sufficient money, and no more, to pay for the operation of said school.

Mr. Dykes of Dooly, Vice-Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:
Your committee on Rules having had under consideration the matter of fixing a calender of business to be brought before the house begs leave to submit the following report:

1. That House Bill No. 3 known as the constitutional amendment proposing bonds for educational purposes now under debate be postponed for further consideration until 9 o'clock on Tuesday, March 30, 1926, and that at 10:30 o'clock on Wednesday morning on March 31, 1926, the previous question be considered as having been ordered on said bill after which time the chairman of the committee reporting the bill shall have the usual twenty minutes in favor of the bill, and that this said bill 3 at the hour above named shall be taken up regardless of whatsoever matter may be before the house and that any matter before the house at that hour shall be considered as unfinished business.

2. That beginning this day, March 25, 1926, there is hereby set as a special and continuing order subject only to the limitations set forth in the paragraph one above the following to-wit:
House Bill No. 7. Known as the Inheritance Bill.

House Bill No. 18. 12th Dist. Agri. School Appropriation.

House Bill No. 14. Constitutional Amendment relating to Vital Statistics.

252

JouRNAL OF THE HousE,

House Bill No. 33. Lowndes County Constitutional Amendment.

House Bill K o. 29. Fulton County Constitutional Amendment.

House Bill I\o. 41. Insurance Tax Bill.

House Bill No. 21. Service Bureau Appropriation.

Respectfully submitted,

DYKES of Dooly, Vice-Chairman.

The report of the committee, which was favorable to the adoption of the order of business recommended by the Committee on Rules, was agreed to.

On the adoption of the order of business, Mr. Stanford

of Lowndes moved the ayes and nays and the call was

sustained.

~

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

Affirmative---
Alexander
Andrews Baker Bandy Barrett Beck Blease Bloodworth Boswell Brunson Camp of Clayton Cooper Culpepper

Davis of Floyd
f)pkl<' Dorris of Crisp Dorsey DuBose Duncan Dyk!'s England Erwin Flanders Gullatt Hamby Hamilton

Harris
Hatch<'r HPad Henderson of Carroll HPnderson of Irwin Hines Hooper Hopkins Howard of Chatta-
hoo!'h<'e Hulm<' HumphrPy Hyman

THURSDAY, MARCH 25, 1926.

253

Jackson James Johnson of Bacon Johnson of Camden Jones of Cook Jones of Meriwether Kempton Kent Lawson Layton Lewis of Gordon Lewis of Hancotk Lindsay Lyons McClure MeElvey McWhorter Mallard
Negative---
Anderson Bower Brown Chappell Childs Daniel Davis of Thomas Dorris of Don!!:las Doyal Fieklen FletchPr Flynt Gillen GrieP Griffin of DP<'atur Griffin of Twiggs Grovenstcin Hancock Haywood Hillhouse Howard of Lon!!: Johnson of Appling Kelley J(etcham
King

Malone :VI a n n :Miller Murrah Napier New Palm our Parrish Pate Phillips Pilcher Quarterman Rampley Rawls Rivers Russell Smith of Grady Smith of Meriwether
Lanier Lankford Lee of Clinch Lee of Screven Lewis of Colquitt Linder Logan Loyd McCluney l\IcCrory McElmurray :\IcKoy Maddox Martin :\!at thews .Milner Montgomery Newton
Norman
Owen
Parker
Paschal
Peek
Perkins

Smith of Talbot Stone of \Valton Strickland of Brantley Strickland of Pierce Taylor Trippe Tucker Webb Weekes Westbrook Wheeler Whit chard White Wilkin Williams of Harris Williams of Walton Winship Zellars

Peterson of !!:Omery
Rainey Rice Ricketson Riley Roberts RossPr Short Short Stanford Rtark Rteed Sto\'all Swint Talmadge Thomas Tippins Traylor TrottPr Ty,son Vaughn \Yest Wilhoit
Wilson

l\Iont-

254

JouRNAL oF THE HousE,

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

On the adoption of the order of business recommended by the Rules Committee the ayes were 92, nays 72.

The order of business having failed to receive a twothirds vote and that two-thirds not being a majority of the House the order of business recommended by- the Rules Committee was not adopted.

Mr. Neill of Muscogee moved that the House reconsider its action in failing to adopt the order of business recommended by the Rules Committee.

On the motion to reconsider Mr. Milner of Dodge moved the ayes and nays and the call was sustained.

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

Affirmative---

Adams Alexander Andrews Baker Bandy Barrett Beck Blease Bloodworth Boswell Brunson Camp of Clayton Camp of Coweta Collins Cooper Culpepper Davis of Floyd Davis of Thomas Dekle

Dorris of Crisp Dorsey DuBose Duncan Dykes Enj!;land Erwin Ficklen Flandcrs Flynt Gillen Greer Griffeth Griner Grovenstein Guillebeau Gullatt Hamby Hamilton

Harris HatchPr Head Henderson of Carroll Henderson of Irwin Hines Hooper Hopkins Howard of Chatta-
hoochee Howard of Long Hulme Humphrey Hyman Jackson James Johnson of Appling Johnson of Bacon Johnson of Camden

THURSDAY, MARCH 25, 1926.

255

Jones of Cook Jones of Meriwether Kelley Kent Lawson Lawton Layton Lee of Clinch Lewis of Gordon Lewis of Hancock Linder Lindsay Lyons McElvey Mc'\Vhorter Mallard Malone Mann Miller Milton Murrah Napier

New Newton Palm our Parrish Pate Peacock Phillips Pilcher Pickering Quarterman Rampley Rawls Riley Rivers Russell Smith of Grady
Smith of Meriwether
Smith of Talbot
Stone of Union
Stone of Walton
Strickland of'Brantley

Strickland of Pierce Taylor Thomas Trippe Trotter Tucker Turner Vaughn Warren Webb Weekes Westbrook Wheeler Whit chard White Wilkin
Williams of Harris
Williams of Walton
Wilson
Winship
Zellars

Negative---

Anderson Bower Chappell Childs Daniel Dorris of Douglas Doyal Fletcher Grice Griffin of Decatur Griffin of Twiggs Hancock Haywood Hillhouse Ketcham King Lanier Lankford

Lee of Screven Lewis of Colquitt Logan Loyd McCluney McCrory McElmurray McKoy Maddox Matthews Milner Montgomery Norman Owen Parker Paschal Peek Perkins

Peter~on of gomery
Rainey Ricketson Roberts Rosser Short Stanford Stark Steed Talmadge Tippins Tyson West Wilhoit

Mont-

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

256

JouRXAL OF THE HousE,

The motion to reconsider the failure the House to adopt the order of business prevailed.

On the adoption of the order of business recommended by the Rules Committee the ayes were 110, nays 50.

The order of business recommended by the Rules Committee was adopted.
Under the order of business set by the House the following Bills of. the House were taken up for consideration and read the third time:
By Messrs Neill of Muscogee, Harris of Jefferson, Denmark of Chatham, and .Miss Kempton of Fulton-
House Bill No. 7. A Bill to be entitled an Act to amend an Act entitled "An Act to assess and collect from estates in Georgia subject to Federal Estate Taxes, 25 per cent. of the amount found to be due, and for other purposes.

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

On the passage of the bill the ayes were 127, nays 2.
The bill having received the requisite constitutional majority was passed.
By Mr. Jackson of Bleckley-
House Bill No. 18. A Bill appropriating $95,000.00 to the Trustees of the University of Georgia for the purpose of building and equipping an administration building for the Twelfth District A. & M. School at Cochran, Georgia.
The bill involving an appropriation, the House was resolved into a Committee of the Whole House and the Speaker designated Mr. Doyal of Floyd as the Chairman thereof.

THURSDAY, MARCH 25, 1926.

257

The Committee of the Whole House arose and through its Chairman reported the bill back to the House with the recommendation that the same do pass.

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

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

Affirmative-

Alexander

Flanders

Lankford

Anderson

Fletcher

Lawson

Andrews Baker

Flynt Gillen

Lawton Layton

Bandy

Greer

Lee of Clinch

Barrett

Grice

Lee of Screven

I
~

Beck Blease Bloodworth Bower Brown Brunson Camp of Clayton

Griffin of Twiggs Griner Grovenstein Hamby Hamilton Harris Haywood

Lewis of Colquitt Lewis of Gordon Lewis of Hancock Lindsay Logan Loyd Lyons

Camp of Cobb

Head

McCluney

Camp of Coweta

Henderson of Carroll McElvey

Chappell

~
~

Childs Collins Cooper

Henderson of Irwin Hines Hooper Hopkins

McKoy McWhorter Maddox Mallard

Culpepper

Howard of Chatta- Malone

DaVis of Floyd

hoochee

Mann

Dekle

Hyman

Matthews

Dorris of Crisp

Jackson

Miller

Dorris of Douglas

James

Milner

Dorsey

Johnson of Appling

Milton

Doyal

Johnson of Bacon

Montgomery

DuBose

Johnson of Camden

Murrah

Duncan

Jones of Cook

Napier

Dykes

Kelley

New

England

Kent

Newton

Erwin

Ketcham

Owen

258

JouRNAL OF THE HousE,

Palmour Parker Parrish Paschal Peacock Peek Perkins Peterson of
gomery Phillips Pilcher Pickering Quarterman Rainey Rampley Rawls Rice Ricketson

Mont-

Riley Rivers Rosser Russell Short Smith of Grady Smith of Meriwether Smith of Talbot Stanford Stark Steed Stone of Union Stone of Walton Strickland of Brantley Strickland of Pierce Swint Talmadge
Thoma>~

Tippins Traylor Trippe Trotter Tucker Turner Webb Weekes West Westbrook Wheeler Whitchard White Williams of Harris Williams of Walton Wilson

Negative--
Ficklen Guillebeau Hillhouse Humphrey

Lanier McCrory McElmurray Warren

Wilhoit Zellars

By unanimous consent the verification of the roll call was dispensed with.
On the passage of the bill the ayes were 143, nays 10.
The bill having received the requisite constitutional majority was passed.
By Messrs. Culpepper of Fayette and Hyman of Washington-
House Bill No. 14. A Bill to amend Paragraph Two, of Section Six of Article Seven of the Constitution of the State of Georgia to provide for birth and death records, and for other purposes.

THURSDAY, MARCH 25, 1926.

259

Mr. Culpepper of Fayette moved that the House do now adjourn ~ntil 10:00 o'clock tomorrow morning.
Mr. Milner of Dodge moved that the House do now adjourn, and the motion was lost.
The motion to adjourn until 10:00 o'clock tomorrow morning prevailed, and House Bill No. 14 went over as unfinished business.
Leave of absence was granted to Mr. Whitchard of Early, Mr. Maddox of Gwinnett, Mr. Cooper of Telfair, Mr. Lawson of Pulaski, Mr. Jones of Cook, Mr. Johnson of Appling, Mr. Riley of Sumter, Mr. Haywood of McDuffie, Mr. Burch of Dodge, and Mr. Layton of Liberty.
The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

\
!

260

JouRNAL oF THE HousE,

EIGHTH DAY

REPRESENTATIVE HALL, ATLANTA, GA.,
FRIDAY, MARCH 26, 1926.

The House met pursuant to adjournment this day at 10:00 o'clock, A. M., was called to order by the Speaker and opened with prayer by Representative Malone, of Bibb County.

On motion the roll call was dispensed with.

Mr. Wilhoit of Warren, Chairman of the Committee on

Journals, reported that the Journal had been read and found correct.

!

By unanimous consent the reading of yesterday's Journal

\

was dispensed with.

The Journal was confirmed.

By unanimous consent the following was established as the order of business during the first part of the period of unanimous consents:

1. Introduction of new matter under the Rules.

2. Reports of Standing Committees.

3. Reading of House and Senate Bills and Resolutions, favorably reported, the second time.

FRIDAY, MARCH 26, 1926.

261

4. Passage of uncontested local House and Senate Bills and Resolutions and general House and Senate Bills and Resolutions having a local application.

By unanimous consent the following Bills of the House were introduced, read the first time and referred to the Committees:

By Messrs. Denmark, Lawton and Alexander of Chatham-
House Bill No. 54. A Bill to amend the several Acts relating to and incorporating the mayor and aldermen of the City of Savannah, so as to provide that the said mayor and aldermen may close and convey that portion of President Street, in said city, between Bull and Whitaker Streets.

Referred to Committee on Municipal Government.

By Mr. Gillen of Stewart-
House Bill No. 55. A Bill to require confirmation by the judges of the Superior Courts of this State of all sales of real estate or any interest in land when sold at public outcry under any judgment, decree, or mortgage foreclosure issued from any of the courts of this State, or when sold by an executor, or administrator, or under any power of sale.

Referred to Committee on General Judiciary No.I.
By Messrs. Whelchel and Lewis of Colquitt-
House Bill No. 56. A Bill to amend Act to create a new charter of City of Moultrie, to provide for street improvement, and for other purposes.

Referred to Committee on Corporations.

The following message was received from the Senate through Mr. McClatchey, the Secretary thereof:

262

JouRNAL oF THE HousE,

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:

By Mr. Collier of the 22nd-
Senate Bill No. 2. A Bill to amend an Act to consolidate the offices of Tax Receiver and Tax Collector of Lamar County into the office of Tax Commissioner, and for other purposes.

By Mr. Collier of the 22nd-
Senate Bill No. 3. A Bill to prescribe the manner of electing members of the City Board of Education of Barnesville, Ga., and for other purposes.

By Mr. Collier of the 22nd-
Senate Bill No. 8. A Bill to create a Board of Commissioners of Roads and Revenues for the County of Lamar, and for other purposes.

By Mr. Dixon of the 17th-
Senate Bill No. 5. A Bill to amend the charter of the City of Millen, Jenkins County.
By Mr. Memory of the 46th-
Senate Bill No. 6. A Bill to amend an Act to authorize the securing of advances made for the purpose of planting, making or gathering a crop or crops by the giving of a bill of sale to such crop or crops, etc.

The following message was received from the Senate through Mr. McClatchey, the Secretary thereof:

Mr. Speaker: The Senate has passed by the requif:;ite conEtituticna

FRIDAY, MARCH 26, 1926.

263

majority the following Bills and Resolutions of the House, to-wit:

By Mr. Culpepper of Fayette-
House Bill No. 1. A Bill to amend an Act entitled an Act to authorize the Governor to set apart, sell and discount the rental, of the W. & A. Railroad, for a period of six years, etc., by striking the words "six years" and substituting the words "eight years," and for other purposes.

By Mr. Humphrey of Emanuel-
House Bill No. 28. A Bill to amend the Act incorporating the City of Swainsboro, and for other purposes.

By Mr. Duncan of Houston-
House Bill No. 30. A Bill to amend the charter of Perry, and for other purposes.

By Mr. Taylor of Richmond-
House Resolution No. 4. A Resolution providing for the Public Service Commission to investigate transp<;>rtation, as Gasoline or the rates thereon by any carrier within Georgia and file a special report with the next session at the Georgia General Assembly.

The following message was received from the Senate through Mr. McClatchey, the Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Resolution of the House, to-wit:

By Mr. Linder of Jeff Davis-
House Resolution No. 14. A Resolution extending the sympathy of the General Assembly to Mrs. Maud Barker

264

JouRNAL OF THE HousE,

Cobb's family on account of the death of the said Mrs. Cobb.

Mr. Hyman of Washington County, Chairman of the Committee on General Judiciary No. 2, submitted the following report:

Mr. Speaker:
Your Committee on General Judiciary No. 2 has had under consideration the following Bills of the House and has instructed me as chairman, to report the same back to the House with the recommendation that the same do pass:
House Bill No. 36. To increase the fees of ordinary for pension work and etc., do pass.
House Bill No. 45. An Act to amend an Act of August 17, 1920, as to define powers and privileges of domesticated corporations, do pass.
Respectfully submitted,
HYMAN of Washington, Chairman.
TucKER of Berrin, Secretary.

Mr. Culpepper of Fayette County, Chairman of the Committee on General Judiciary No. 1, submitted the following report:
Mr. Speaker:
Your Committee on General Judiciary No. 1 has had under consideration the following Bill of the House and has

FRIDAY, MARCH 26, 1926.

265

instructed me as chairman, to report the same back to the House with the recommendation that the same do pass:

House Bill No. 43.

Respectfully submitted,

CuLPEPPER of Fayette, Chairman.

By unanimous consent the following Bills of the House were favorably reported and read the second time:
By Mr. McCluney of Baldwin-
House Bill No. 36. A Bill to increase the fee of the Ordinary for pension work from $1.00 to $2.00 per year.
By Messrs. Smith of Talbot, Williams of Walton and others-,---
House Bill No. 43. A Bill to amend an Act to authorize the securing of advances made for the purpose of planting, making or gathering a crop or crops, by the giving of a bill of sale of such crop or crops.
By Miss Kempton of Fulton, Mr. Denmark of Chatham and othersHouse Bill No. 45. A Bill to amend an Act of 1920
providing for the domestication in the State of Georgia of foreign Corporations.
Mr. Mallard of Charlton, Chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker:
The Committee on Enrollment has examined, found

266

JouRNAL OF THE HousE,

properly enrolled, duly signed and ready for delivery to the Governor, the following Acts, to-wit:

By Mr. Culpepper-
House Bill No. 1. A Bill to authorize the Governor to set apart, sell and discount the rental for the eight years instead of six.

By Mr. Humphrey of Emanuel-
House Bill No. 28. A Bill to amend an Act incorporating the City of Swainsboro.

By Mr. Duncan of Houston-
House Bill No. 30. A Bill to amend an Act creating a new charter for the City of Perry.

L. E. MALLARD, Chairman.

By unanimous consent the following Bills of the House were read the third time and placed on their passage:
By Messrs. Harris and England of JeffersonHouse Bill No. 37. A Bill to amend the Charter of the
City of Louisville to allow issuance of bonds for paving and improvements.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 112, Nays 0.
The bill having received the requisite constitutional majority was passed.

FRIDAY, MARCH 26, 1926.

267

By Messrs. England and Harris of Jefferson-
House Bill No. 38. A Bill to amend the Charter of the City of Wadley to allow issuance of bonds for paving and improvements.

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

On the passage of the bill the Ayes were 113, Nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Zellars of Hart-
House Bill No. 39. A Bill to allow issuance of bonds for paving and improvements in the City of Hartwell, Georgia.

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

On the passage of the bill the Ayes were 114, Nays 0.
The bill having received the requisite constitutional majority was passed.

By unanimous consent the bill was ordered to be immediately transmitted to the Senate.

By Mr. Perkins of Jenkins-
House Bill No. 42. A Bill to amend the Charter of the City of Millen to allow issuance of bonds for paving and improvements.

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

268

JouRNAL OF THE HousE,

On the passage of the bill the Ayes were 115, Nays 0.

The bill having received the requisite constitutional majority was passed.
Under the order of unfinished business the following Bill of the House was again taken up for consideration:

By Messrs. Culpepper of Fayette and Hyman of Washington-
House Bill No. 14. A Bill to be entitled An Act to amend paragraph two of section six of article seven of the Constitution of the State of Georgia, and for other purposes.

Section 1. The General Assembly of the State of Georgia hereby proposes to the people of Georgia the following amendment to the Constitution of the State of Georgia, to-wit: That paragraph two of section six of article seven be amended by adding at the end of said section, after the clause, "and to provide for necessary sanitation," the following words, to-wit: "and for the prevention of disease and death of human beings, and for the collection and preservation of records of births, deaths, disease and health."

Section 2. Be it further enacted by the authority aforesaid, that if the above proposed amendment to the Constitution shall be agreed to by two-thirds of the members elected to each of the two houses of the General Assembly the same shall be entered on their Journals, with the yeas and nays taken thereon, and the Governor shall cause the said amendment to be published in one or more newspapers in each Congressional District of the State for two months before the next general electibn; and the Governor is hereby authorized and directed to provide for the submission of said amendment to the people at said election. The persons voting at said election in favor of said amendment shall have on their ballots the words: "For ratification of

FRIDAY, MARCH 26, 1926.

269

amendment to Article 7, Section 6, Paragraph 2 of the Constitution, providing for the prevention of disease and death and the collection and preservation of records of birth, death, disease and health." The persons opposed to this amendment shall have on their ballots the words: "Against ratification of amendment to Article 7, Section 6, Paragraph 2 of the Constitution, providing for the prevention of disease and death and the collection and preservation of records of birth, death, disease and health." If a majority of the electors qualified to vote for Members of the General Assembly, voting thereon, shall vote for ratification of the said amendment, the Governor, when he ascertains the same from the Secretary of State, to whom the returns from said election shall be referred in the same manner as in cases of elections for members of the General Assembly, to count and ascertain the result, shall issue his proclamation for one insertion in one daily newspaper of the State, announcing the result and declaring the ratification of said amendment.

Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

Mr. Lanier of Columbia moved the previous question on the bill and pending amendments; the motion prevailed, and the main question was ordered.

By Mr. Wilhoit of WarrenThe following amendment was read and adopted:

Amend House Bill No. 14 by striking the following words, to-wit: "And for the prevention of disease and death of human beings," wherever the same occurs in said bill.

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

270

JouRNAL OF THE HousE,

The bill involving an amendment to the Constitution, the roll call was ordered and the vote was as follows:

Affirmative--

Adams Alexander Anderson Andrews Baker Bandy Barrett Beck Blease Bloodworth Boswell Brown Brunson Camp of Clayton Camp of Cobb Camp of Coweta Chappell Childs Clark Collins Culpepper Davis of Floyd Davis of Thomas Dekle Denmark Dorris of Crisp Dorsey Doyal DuBose Duncan Dykes England Erwin Flanders Fletcher Flynt Gillen
Greer
Griffin of Decatur
Griffin of Twiggs

Griffin of Wilkes Griner Grovenstein Guillebeau Gullatt Hamby Hancock Hatcher Head Henderson of Carroll Henderson of Irwin Hillhouse Hines Hooper Hopkins Howard of Chatta-
hoochee Howard of Long Hulme Humphrey Hyman Jackson James Johnson of Bacon Johnson of Camden Jones of Meriwether Kelley Kempton Kent King Lanier Lawton Lee of Clinch Lee of Screven Lewis of Gordon Lewis of Hancock Lindsay
Logan
Loyd
Lumpkin

Lyons McClure McCrory McElmurray McElvey McKoy McWhorter Mallard Malone Mann Matthews Miller Milner Milton Montgomery Murrah Napier New Newton Norman Owen Parrish Paschal Peacock Peek Perkins Peterson of Mont-
gomery Phillips Quarterman Rainey Rampley Rice Ricketson Rivers Rosser Russell
Smith of Grady
Smith of Meriwether
Smith of Talbot



FRIDAY, MARCH 26, 1926.

271

Stanford Stark Stone of Union Stone of Walton Strickland of Brantley Swint Talmadge Taylor Thomas

Trippe Trotter Tucker Turner Vaughn Warren Webb Weekes West

Wheeler White Wilhoit Wilkin Williams of Harris Wilson Wood Zellars

Negative-
Bower Daniel Dorris of Douglas

Martin Parker Roberts

Short Steed Tyson

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

On the passage of the bill the ayes were 144, nays 9.

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

Under the orders of the day the following Bills of the House were taken up for consideration and read the third time:

By Miss Kempton, Messrs. Wood and Hooper of Fulton, and Messrs. Davis, Lindsay, and Weekes of DeKalb-
House Bill No. 29. To be entitled "An Act to Amend Paragraph 2 of Section 6 of Article 7 of the Constitution of this State."

Be it enacted by the General Assembly of Georgia:

Section 1. That the following amendment to the Constitution of this State is hereby proposed, to-wit: By adding to Paragraph 2 of Section 6 of Article 7 of the Constitution the following words, to-wit:

272


JouRNAL OF THE HousE,

"Furthermore, in any county in this State which has wholly or partly within its boundaries a city of not less than 200,000 population, the county authorities thereof are hereby authorized to levy a tax not exceeding 1 mill for educational purposes on all the taxable property throughout the entire county, including territory embraced in independent school systems, the same to be appropriated to the use of the county board of education and to educational work directed by them."

Section 2. This proposal being agreed upon by twothirds of the members elected to each of the two Houses of the General Assembly, the same shall be entered on their Journal with the yeas and nays taken thereon and the Governor is hereby directed to cause such amendment or amendments to be published in one or more newspapers in each Congressional District for two months previous to the time of holding the next general election. At said election, said proposed amendment shall be submitted to the people qualified to vote thereon. Those desiring to vote in favor of the same shall have written or printed upon their ballots the words "For the Constitutional amendment authorizing taxation for educational purposes in counties having cities of more than 200,000 population wholly or partly within their boundaries." Those desiring to vote against the ratification of the amendment shall have written or printed on their ballots the words "Against the Constitutional amendment authorizing taxation for educational purposes in counties having cities of more than 200,000 population wholly or partly within their boundaries." If the people ratify such amendment or amendments by a majority of the electors qualified to vote for ;members of the General Assembly voting thereon, such amendment or amendments shall become part of the Constitution of this State. The returns of the election shall be made in like manner as returns for Members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor,

FRIDAY, MARCH 26, 1926.

273

who shall, if such amendment be ratified, make proclamation thereof.

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

~

The bill involving an amendment to the Constitution the roll call was ordered and the vote was as follows:

Affiirmative-

Adams

Alexander

'

Anderson Andrews Baker Bandy Barrett

Beck

Blease

Bloodworth

Boswell

Bower

Brown Brunson Camp of Clayton

Camp of Cobb

Camp of Coweta

Chappell

Childs Clark

Collins

Culpepper

Daniel Davis of Floyd

Davis of Thomas

Dekle Denmark Dorris of Douglas

Dorsey

Doyal

DuBose

Duncan

England
Erwin Flanders Fletcher Flynt Gillen Greer Griffin of Wilkes Griner Grovenstein Guillebeau Gullatt Hamby Hancock Head Henderson of Carroll Henderson of Irwin Hillhouse Hines Hooper Howard of Chatta-
hoochee Howard of Long Hulme Humphrey Hyman Jackson James Johnson of Bacon Johnson of Camden Jones of Meriwether Kelley

Kempton
Kent King Lanier Lankford Lawton Lee of Clinch Lee of Screven Lewis of Gordon Lindsay Logan Lyons McClure McElvey McKoy McWhorter Mallard Malone Mann Martin Matthews Miller Milner Milton Montgomery Napier New Norman Owen Parrish Paschal Peek

274

JouRNAL OF THE HousE,

Perkins
Phillips
Quarterman
Rainey Rampley Rice Ricketson Rivers Roberts Rosser Russell Short Smith of Grady Smith of Madison Smith of Meriwether

Smith of Talbot
Stanford
Stark
Stone of Union Stone of Walton Stovall Strickland of Brantley Swint Talmadge Taylor Thomas Tippins Traylor Trippe Trotter

Tucker Turner Tyson Vaughn Weekes West Wheeler White Wilhoit Wilkin Williams of Harris Wilson Wood

Negative-
McCrory

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

On the passage of the bill the ayes were 139, nays 1.

The bill having received the requisite two-thirds constitutional majority was passed.

By Messrs Dekle and Stanford of Lowndes-
House Bill No. 33. To be entitled an Act to propose to the qualified voters of this State an amendment to Article Seven (7) Section Seven (7), Paragraph One (1) of the Constitution of Georgia, authorizing the County of Lowndes, or the City of Valdosta, or both, to increase the bonded indebtedness of said County of Lowndes, or .City of Valdosta, or both, for the purpose of aiding in the establishing, maintaining or endowing an educational institution of College rank, located or to be located within said county, whether same be owned or controlled by the State, County or City, or not owned or controlled by the State, County

FRIDAY, MARCH 26, 1926.

275

or City, and as memorial to Woodrow Wilson, provided said educational institution be non-sectarian and non-denominational.
Section 1. Be it enacted by the General Assembly, and it is hereby enacted by authority of the same, that Article Seven (7), Section Seven (7), Paragraph One (1) of the Constitution of Georgia be and the same is hereby amended by adding thereto the following words:
"And except that the County of Lowndes or the City of Valdosta or both may incur a bonded indebtedness in addition to the debts herein before in this paragraph allowed to be incurred, in an amount in the aggregate not exceeding one million dollars ($1,000,000.) for the purpose of aiding in establishing, maintaining or endowing an educational institution of College rank, located or to be located within said County, whether same be owned or controlled by the State or County or City or not owned or controlled by the State or County or City, and as a memorial to Woodrow Wilson, provided said educational institution be non-sectarian and non-denominational, and provided that such indebtedness shall not be incurred except with the assent of a majority of the qualified voters of said county or said city, as the case may be, and the assent of two-thirds (2-3) of the qualified voters of said county or of said city, as the case may be, actually voting at an election, or elections, for that purpose to be held as may now or may hereafter be prescribed by law for the purpQse of incurring new debts by any county or municipality within this State. In the event this amendment be ratified and becomes a part of the Constitution, and in the event the bonds provided for are authorized, validated and sold as provided by law by said County of Lowndes or City of Valdosta or both, the County Commissioner of Roads and Revenues of said County, or the Mayor and Council of said City of Valdosta, as the case may be, may pay over the proceeds of the sale of said bonds to the Board of Trustees of such educational institution."

276

JouRNAL o.F THE HousE,

Section 2. Be it further enacted by the authority afore-

said that when said amendment be agreed to by two-thirds

(2-3) vote of the members elected to each House, it shall

be entered upon the Journal of each House with the ayes

and nays thereon and published in one or more newspaper

in each Congressional District of this State for two months previous to the time for holding the next general election

~

and shall at the next general election be submitted to the

people for ratification. All persons voting at said election

in favor of adopting the said proposed amendment to the

Constitution shall have written or printed on their ballots

~

the words, "For. ratification of amendment to Article Seven,

Section Seven, Paragraph One, of the Constitution, authoriz-

ing the County of Lowndes or the City of Valdosta, or

both, to increase the bonded indebtedness of said County

of Lowndes, or the City of Valdosta, or both, for the pur-

pose of aiding in establishing, maintaining, or endowing an

educational institution of College rank," and all persons

opposed to the adoption of said amendment shall have

written or printed on their ballots the words, "Against

ratification of amendment to Article Seven, Section Seven,

Paragraph One of the Constitution, authorizing the County

of Lowndes or the City of Valdosta or both to increase the

bonded indebtedness of said County of Lowndes or City

of Valdosta, or both, for the purpose of aiding in establish-

ing, maintaining or endowing an educational institution

of College rank," and if a majority of the electors qualified

to vote for members of the General Assembly, voting there-

on, shall vote for ratification thereof, when the result shall

be consolidated as now required by law in elections for

members of the General Assembly, then said amendment

shall become a part of Article Seven, Section Seven, Para-

graph One, of the Constitution of this State, and the Gov-

ernor shall make proclamation therefor as provided by

law.

Section 3. Be it further enacted that all laws or parts of laws in conflict herewith are repealed.

FRIDAY, MARCH 26, 1926.

277

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

The bill involving an amendment to the Constitution

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

~

Affiirmative-

Adams

Fletcher

Lankford

Alexander

~

Anderson Andrews Baker Bandy Barrett

Flynt Gillen Greer Griffin of Decatur Griffin of Twiggs Griffin of Wilkes

Lawton Lee of Clinch Lee of Screven Lewis of Gordon Lindsay Logan

Beck Blease

Griner Grovenstein

Lumpkin Lyons

Bloodworth

Guillebeau

McClure

Boswell Bower

Hamby Hancock

McElmurray McElvey

Brown

Hatcher

McKoy

Brunson

Head

McWhorter

Camp of Clayton

Henderson of Carroll Mallard

l

Camp qf Cobb Camp of Coweta Chappell

Henderson of Irwin Hillhouse Hines

Malone Mann Martin

Childs

Hooper

Matthews

Clark

Hopkins

Miller

Collins

Howard of Chatta- Milner

Culpepper

hoochee

Milton

Davis of Floyd

Howard of Long

Montgomery

Davis of Thomas

Hulme

Napier

Dekle

Humphrey

New

Denmark

Hyman

Newton

Dorris of Douglas

Jackson

Norman

Dorris of Crisp

James

Owen

Dorsey

Johnson of Bacon

Parker

Doyal

Johnson of Camden

Parrish

DuBose

Jones of Meriwether Paschal

Duncan

Kelley

Peacock

Dykes

Kempton

Peek

England

Kent

Perkins

Erwin

King

Phillips

Flanders

Lanier

Quarterman

~

t

278

JouRNAL oF THE HousE,

Rainey
Rampley Rice Ricketson Rivers Roberts Rosser Russell Short Smith of Grady Smith of Madison Smith of Talbot Stanford

Stark
Steed Stone of Union Stone of Walton Stovall Swint Talmadge Taylor Thomas Traylor Trippe Trotter Tucker

Turner
Tyson Vaughn Warren Webb Weekes West Wheeler White Wilhoit Wilkin Will!ams of Harris Wilson

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

On the passage of the bill the ayes were 146, nays 0.

The bill having received the requisite two-thirds constitutional majority was passed.

By Mr. Harris of Jefferson-

6i, House Bill No. 41. A Bill to amend Paragraph Sec-

J

tion 2 of the General Tax Act approved December 19, 1923,

to provide for the collection of a special or occupation tax

imposed by law upon insurance agents.

An amendment was offered by Mr. Henderson of Carroll.

Mr. McCrory of Schley moved that when the House adjourn today it stand adjourned until Monday morning at 11:00 o'clock.

Mr. Lanier of Columbia moved the preVIous question on the bill and pending amendments.
Mr. Lindsay of DeKalb moved that the House do now adjourn; the motion prevailed and House Bill No. 41 went

i
j

FRIDAY' MARCH 26, 1926.

279

over as unfinished business with the motion for the previous question pending.

Leave of absence was granted to Mr. White of Atkinson, Mr. Peek of Polk, Mr. Strickland of Pierce, Mr. Ketcham of Lee and Mr. Wilkin of Miller.

The Speaker announced the House adjourned until Monday morning at 11:00 o'clcok.

280

JouRNAL OF THE HousE, ELEVENTH DAY

REPRESENTATIVE HALL, ATLANTA, GA.,
MoNDAY, MARCH 29, 1926.

The House met pursuant to adjournment this day at 11:00 o'clock, A. M., was called to order by the Speaker and opened with prayer by the Chaplain.

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

Adams Alexander Anderson Baker Bandy Barnard Barrett Blease Bloodworth Boswell Bower Brown Brunson Camp of Clayton Campof Cobb Camp of Coweta Chappell Childs Clark Collins Culpepper Daniel Davidson Davis of Floyd

Davis of Thomas Dekle Dorris of Crisp Dorsey Doyal DuBose Duncan Dykes England Vrwin Ficklen Flanders Fletcher Flynt Folks Grant Griffeth Griffin of Decatur Griffin of Wilkes Gro~enstein Guillebeau Gullatt Hamby Hamilton

Hancock Harris Hatcher Head Henderson of Carroll Henderson of Irwin Hillhouse Hines Hooper Howard of Long Humphrey Hyman Johnson of Appling Johnson of Bacon Johnson of Camden Jones of Meriwether Kelley Kempton Kent King Lanier Lankford Layton Lee of Clinch

I

MONDAY, MARCH 29, 1926.

281

Lewis of Colquitt Lindsay Loyd Lyons McCluney McKoy McWhorter Maddox Mallard Malone Mann Martin Matthews Miller Milner Milton Montgomery Murrah Napier Newton Owen Palmour Parker Parrish

Pate Peacock Peterson of Mont-
gomery Phillips Pilcher Pickering Quarterman RaineJ Rampley Ricketson Rivers Roberts Rosser Rountree Russell Short Smith of Grady Smith of Meriwether Smith of Talbot Spence Stanford Stark Steed

Stone of Union Strickland of Brantley Swint Talmadge Thomas Tippins Traylor Trotter Tucker Turner Tyson Vaughn Weaver Webb Wheeler Whelchel Wilhoit Williams of Harris Wilson Winship Mr. Speaker

Mr. Wilhoit of Warren, Chairman of the Committee on Journals, reported that the Journal had been read and found correct.
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
The Journal w'as confirmed.
By unanimous consent the following was established as the order of business during the first part of the period of unanimous consents:
1. 'Introduction of new matter under the Rules.
2. Reports of Standing Committees.
',
'

282

JOURNAL OF THE HOUSE,

3. Reading of House and Senate bills and resolutions, favorably reported, the second time.

4. Passage of uncontested local House and Senate bills and resolutions and general House and Senate bills and resolutions having a local application.

5. First reading of Senate bills and resolutions.

By unanimous consent the following bill of the House was read the second time and recommitted to the Committee on Corporations:

By Messrs. Whelchel and Lewis of Colquitt-
House Bill No. 56. A Bill to amend an Act incorporating the City of Moultrie, Georgia.

The following resolutions of the House were read and adopted:
By Mr. Griffin of Decatur-
House Resolution No. 21. A Resolution extending the sympathy of the House to the family of Hon. Richard M. Bower, former Representative from Randolph County, deceased.

By Mr. Blease of Brooks-
House Resolution No. 22. A Resolution approving the bill introduced in Congress by Senator Cole Blease of South Carolina to prevent marriages between whites and negroes.

By unanimous consent the following bills of the' House were introduced, read the first time, and referred to the Committees:

MONDAY, MARCH 29, 1926.

283

By Messrs. Quarterman and Folks of Ware-
House Bill No. 57. A Bill to define speeding on the highways, roads and streets in the several counties and cities of the State of Georgia.

Referred to Committee on General Judiciary No. 1.

By Mr. Bower of Decatur-
House Bill No. 58. A Bill to repeal Section 2206 of the Code of 1910 relating to the ownership of land in Georgia.

Referred to Committee on General Judiciary No.2.

By Mr. Hooper of Fulton-
House Bill No. 59. A Bill to provide for payment of pensions to policemen in cities of 150,000.

Referred to Committee on Municipal Government.

By Messrs. Palmour of Hall, Baker of Lumpkin-By Request-
House Bill No. 60. A Bill to pension teachers of the University of Georgia and its branches.

Referred to Committee on University of Georgia.

By Messrs. Jones of Meriwether and Harris of Jefferson-
House Bill No. 61. A Bill to levy a tax upon dealers in cigarettes and cigars to require the use of stamps as evidence of the payment thereof.

Referred to Committee on Ways and Means.

By Messrs. Jones of Meriwether and Harris of JeffersonHouse Bill No. 62. A Bill to amend Act levying a tax

284

JouRNAL OF THE HousE,

upon dealers in cigarettes and cigars, providing for collection of said tax, etc.

Referred to Committee on Ways and Means.

By Messrs. Hamilton and Davis of Floyd-
House Bill No. 63. A Bill to levy a franchise tax on corporations doing business in this State and to provide for method of its collection.

Referred to Committee on Ways and Means.

By Mr. Barrett of Stephens-
House Bill No. 64. A Bill to amend Paragraph 2, Section 6, of Article 7 of the Constitution of Georgia by adding thereto the following words: "However, any county in this State may levy a tax not exceeding one mill to pay county demonstration agents, home economic agents, agricultural school teachers on all the taxable property throughout the entire county, including territory embraced in independent school system; the same to be appropriated to the use of the county board of education and to educational work directed by them."

Referred to Committee on Amendments to Constitution.

Mr. Clark of Laurens County, Chairman of the Committee on Municipal Government, submitted the following report:

Mr. Speaker:
Your Committee on Municipal Government have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to th{> House with the recommendation that the same do pass.

MONDAY, MARCH 29, 1926.

285

House Bill No. 54. By Messrs. Denmark, Lawton and Alexander of Chatham. A Bill"to amend an Act relating to and incorporating the Mayor and Aldermen of the City of Savannah, Chatham County, Georgia, do pass.

Respectfully submitted,

CLARK of Laurens, Chairman.

By unanimous consent the following bill of the House was favorably reported and read the second time:

By Messrs. Denmark, Lawton and Alexander of Chatham-

House Bill No. 54. A Bill to amend the several Acts

relating to and incorporating the Mayor and Alderman of

the City of Savannah, so as to provide that the said Mayor

and Alderman may close and convey that portion of Presi-

dent Street.



By unanimous consent the following Bills of the Senate were read the first time and referred to committees:

By Mr. Collier of the 22nd-
Senate Bill No. 2. A Bill to consolidate the office of Tax Receiver and Tax Collector of Lamar County into the office of Tax Commissioner.

Referred to Committee on County and County Matters.

By Mr. Collier of the 22nd-
Senate Bill No. 3. A Bill to prescribe the manner of electing members of the City Board of Education of Barnesville.

Referred to Committee on Education.

I

286

JouRN~L OF THE HousE,

By Mr. Dixon of the 17th-:-
Senate Bill No. 5. A Bill to amend the charter of the City of Millen.

Referred to Committee on Corporations.

By Mr. Memory of the 46th-
Senate Bill No. 6. A Bill to amend an Act to authorize the securing of advances made for the purpose of planting, making or gathering a crop or crops by giving a bill of sale to such crop or crops.

Referred to Committee on General Judiciary No. 1.
By Mr. Collier of the 22ndSenate Bill No. 8. A Bill to create a Board of Commiss-
sioners for the County of Lamar.

Referred to Committee on County and County Matters.

Under the order of unfinished business the following bill of the House was again taken up for consideration, with the motion for the previous question, by Mr. Lanier of Columbia pending:

By Mr. Harris of Jefferson-
House Bill No. 41. A Bill to amend Paragraph 61, Section 2, of the General Tax Act approved December 19, 1923, relative to special or occupation tax imposed by law upon Insurance Agents.

The motion for the previous question prevailed and the main question was ordered.

l

MONDAY, MARCH 29, 1926.

287

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

On the passage of the bill, the Ayes were 104, Nays 2.

The bill having received the requisite constitutional majority was passed.

By unanimous consent the bill was ordered to be immediately transmitted to the Senate.

Under the orders of the day the following bill of the House was taken up for consideration and read the third time:

By Messrs. Griffin of Decatur, Hooper of Fulton, and others-
House Bill No. 21. A Bill to amend an Act creating a Service Bureau, and for other purposes.

The bill, involving an appropriation, the House was resolved into a Committee of the Whole House, and the Speaker designated Mr. Flynt of Spalding as the Chairman thereof.

The Committee of the Whole House arose and through its Chairman, reported the bill back to the House with the recommendation that the same do pass.

Mr. Smith of Grady offered a substitute to the above bill.
Mr. Rivers of Lanier moved the previous question on the bill and all amendments thereto.
Mr. Barrett of Stephens moved that the House do now adjourn, and the motion prevailed.
The Speaker announced the House adjourned until tomorrow morning at 9:00 o'clock.

288

JouRNAL OF THE HousE,

TwELFTH DAY
REPRESENTATIVE HALL, ATLANTA, GA.,
TuESDAY, MARCH 30, 1926.
The House met pursuant to adjournment this day at 9:00 o'clock, A. M., was called to order by the Speaker and opened with prayer by the Chaplain.
On motion the call of the roll was dispensed with.
Mr. Wilhoit of Warren, Chairman of the Committee on Journals, reported that the Journal had been read and found - correct.
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
The Journal was confirmed.
By unanimous consent the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of new matter under the Rules.
2. Reports of Standing Committees.
3. Reading of House and Senate Bills and Resolutions, favorably reported, the second time.
4. Passage of uncontested local House and Senate Bills and Resolutions and general House and Senate Bills and Resolutions having a local application.

TuESDAY, MARCH 30, 1926.

289

5. First reading of Senate Bills and Resolutions.

The following resolution of the House was read and

adopted:



By Mr. Tucker of Berrien-
House Resolution No. 23. A Resolution extending the sympathy of the House to the family of Hon. J. A. J. Henderson, ex-member of the House.
By unanimous consent the following Bills and Resolutions of the House were introduced, read the first time and referred to Committees:
By Messrs. Jones and Smith of Meriwether-
House Bill No. 65. A Bill to repeal Section 1537 and Section 1539 of Code of 1910 and to substitute in lieu thereof a Section to be numbered 1537 relative to levying a local tax for educational purposes.
Referred to Committee on Education.
By Mr. Lankford of Toombs-
House Bill No. 66. A Bill to amend an Act providing for voting of bonds in City of Vidalia and for a system of public schools.
Referred to Committee on Education.
By Messrs. Hyman of Washington and Lawton of Chatham-
House Bill No. 67. A Bill authorizing the chartering and empowering of corporations; providing that "any three or more persons may obtain a charter for a private corporation, the object of which is pecuniary gain or profit, except for banking, insurance, railroad, trust, canal, navigation, express and telegraph companies, etc."

290

JouRNAL OF THE HousE,

Referred to Committee on General Judiciary No. 2.

House Bill No. 24-65A. A Resolution relieving R. R. Tucker as principal and R. C. Tucker and others as sureties on a bond.

Referred to Committee on General Judiciary.

By Mr. John C. Lewis of Hancock-
House Resolution No. 25-65B. A Resolution making appropriations to cover the incidental expenses of operation of the House of Representatives and the Senate.

Referred to Committee on Appropriations.

The following message was received from the Senate through Mr. McClatchey, the Secretary thereof:

Mr. Speaker: The Senate has passed by the requisite constitutional
majority the following Bills of the House, to-wit:
By Messrs Rice and Hancock of JacksonHouse Bill No. 25. A Bill incorporating the City of
Commerce in Jackson County.
By Mr. Cooper of TelfairHouse Bill No. 13. A Bill to amend the charter of the
City of McRae.
By Mr. Jones of CookHouse Bill No. 31. A Bill to amend charter of the City
of Adel.

TUESDAY, MARCH 30, 1926.

291

By Mr. Lee of Clinch-
House Bill No. 32. A Bill to amend charter of town of Homerville.

By Miss Kempton of Fulton-
House Bill No. 2. A Bill to amend an Act approved August 22, 1925, entitled: "An Act to alter, amend and revise the laws authorizing and regulating the issuing of non-par value stock by corporations of Georgia.

Mr. Jones of Meriwether County, Chairman of the Committee on Amendments to the Constitution, 'Submitted the following report:

Mr. Speaker:
Your Committee on Amendments to the Constitution, has had under consideration the following Bills of the House and has instructed me as chairman, to report the same back to the House with the recommendation that the same do pass, to-wit:

House Bill No. 9. To provide a Bond issue for State Roads, do pass as amended.

House Bill No. 11. To increase borrowing power of the Governor, do pass as amended.
House Bill No. 46. To authorize the State to tax for public Highways, do pass.

Respectfully submitted,
W. R. JoNES of Meriwether, Chairman.

292

JouRNAL OF THE HousE,

Mr. Trippe of Bartow County, Vice-Chairman of the Committee on Corporations, submitted the following report:

Mr. Speaker:
Your Committee on Corporations has had under consideration the following Bill of the House and has instructed me as Vice-Chairman, to report the sarrie back to the House with the recommendation that the same do pass:

House Bill No. 56, do pass.

Respectfully submitted,

TRIPPE of Bartow, Vice-Chairman.

Mr. Culpepper of Fayette County, Chairman of the Committee on General Judiciary No. 1, submitted the following report:

Mr. Speaker:
Your Committee on General Judiciary No. 1 has had under consideration the following Bill of the Senate and has instructed me as chairman, to report the same back to the House with the recommendation that the same do pass:

Senate Bill No. 6.

CuLPEPPER, Chairman.
(By Secty.)

By unanimous consent the following Bills of the House and Senate were favorably reported and read the second time:

TuESDAY, MARCH 30, 1926.

293

By Mr. Mann of Glynn and Mr. Lawton of Chatham-
House Bill No. 9. A Bill to amend the Constitution so as to provide for a Bond issue for State Roads.

By Mr. Stark of Whitefield-
House Bill No. 11. A Bill to amend the Constitution so as to authorize the contraction by or on behalf of the State of a debt in an amount of not greater than $3,500,000 for the purpose of paying the public school teachers of the State.

By Mr. Humphrey of Emanuel-
House Bill No. 46. A Bill to Amend Article 7, Section 1, Paragraph 1, of the Constitution to construct and maintain a system of State Highways.

By Mr. Memory of the 46th-
Senate Bill No. 6. A Bill to amend an Act to authorize the securing of advances made for the purpose of planting, making or gathering a crop or crops by giving of a bill of sale of such crop.

By unanimous consent the following Bills of the House were read the third time and placed on their passage:

By Messrs. Denmark, Lawton and Alexander of ChathamHouse Bill No. 54. A Bill to amend the several Acts
relating to and incorporating the Mayor and Aldermen of the City of Savannah, Georgia.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 120, Nays 0.

294

JouRNAL OF THE HousE,

The bill having received the requisite constitutional majority was passed.

By Messrs. Whelchel and Lewis of Colquitt-
House Bill No. 56. A Bill to amend an Act to amend the Charter of the City of Moultrie, relative to paving.

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

On the passage of the bill the Ayes were 125, Nays 0.

The bill having received the requisite constitutional majority was passed.

Under the orders of the day the following bill of the House was again taken up for consideration:

By Mr. Barrett of Stephens-
House Bill No. 3. A Bill to amend the Constitution relative to the issuance of $23,000,000.00 bonds for educational purposes.

By unanimous consent the following resolution was read and adopted:

A Resolution. Resolved that throughout the remainder of the Extraordinary session, Rule number 43 be and is hereby suspended so as to permit the first reading of House and Senate Bills; reports of Standing Committees; the reading of House and Senate Bills, favorably reported at any time in the discretion of the Speaker.

Privileges of the floor were granted to Hon. L. R. Pitts of Gordon County, Hon. R. C. Ellis of Tift County, Hon. A. A. Martin of Cobb County, Hon. R. 0. Bulloch of Troup County, Hon. J. G. Collins of Hall County, Hon. R. H.

TuESDAY, MARCH 30, 1926.

295

Welch of Columbia, S. C., and Col. F. A. McWhorter, J. T. Deason, T. C. Burton, W. T. Moss and J. H. Marshall of Lincoln County.

The following resolution was read and adopted:

By Miss Kempton of Fulton, and Messrs. Culpepper of Fayette, Harris of Jefferson and Milner of Dodge-
House Resolution No. 25. Resolved that during the session of Wednesday March 31, all resolutions granting privileges of the floor not provided for under Rule 177 be and the same are hereby revoked.

Mr. Dykes of Dooly moved that the House do now adjourn, and the motion prevailed.

Leave of absence was granted to Mr. Paschal of Heard.

The Speaker announced the House adjourned until 9 :00 o'clock tomorrow morning.

296

JouRNAL OF THE HousE,

THIRTEENTH DAY

REPRESENTATIVE HALL, ATLANTA, GA.,
WEDNESDAY, MARCH 31, 1926.
The House met pursuant to adjournment this day at 9:00 o'clock A.M., was called to order by the Speaker and opened with prayer by the Chaplain.
On motion the call of the roll was dispensed with.
Mr. Wilhoit of Warren, Chairman of the Committee on Journals, reported that the Journal had been read and found correct.
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
The Journal was confirmed.
By unanimous consent the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of new matter under the Rules.
2. Report of Standing Committees.
3. Reading of House and Senate Bills and Resolutions, favorably reported, the second time.

\

WEDNESDAY, MARCH 31, 1926.

297 .

4. Passage of uncontested local House and Senate Bills and Resolutions and general House and Senate Bills and Resolutions having a local application.

5. First reading of Senate Bills and Resolutions.

By unanimous consent the following Bills and Resolutions of the House were introduced, read the first time and referred to Committees:

By Messrs. Kelley and Maddox-
House Bill No. 68. A Bill to propose an amendment to Paragraph 1 of Section 4 of Article 8 of the Constitution on the subject of educational taxation.

Referred to Committee on Amendments to Constitution.

By Mr. Alexander of Chatham-
House Resolution No. 28-68A. A Resolution relative to pensions of Spanish War Veterans, their widows and orphans under our National laws.

Referred to Committee on Pensions.

By Mr. Griffin of Decatur-
House Resolution No. 29-68B. A Resolution relative to the acceptance by the Governor in the name of Georgia of a stone to be proffered by the 82nd Division for a Memorial to members of the Division who participated in the taking of Cornay, France, during the World War.

Referred to Committee on State of the Republic.

The following message was received from the Senate through Mr. McClatchey, the Secretary thereof:

I

298

JouRNAL OF THE HousE,

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the House, to-wit:

By Mr. Zellars of Hart-
House Bill No. 39. A Bill to amend an Act authorizing the City of Hartwell, Hart County, to pave certain streets.

By Messrs. Neill of Muscogee, Harris of Jefferson and Denmark of Chatham and Miss Kempton of Fulton-
House Bill No.7. A Bill to be entitled An Act to amend an Act approved August 27, 1925, entitled: "An Act to assess and collect from estates in Georgia, subject to Federal Estates Taxes, 25 per cent of the amount found to be due as Federal taxes, and for other purposes.

By Mr. Jackson of Bleckley-
House Bill No. 18. A Bill to authorize and appropriate for rebuilding the main building of the 12th District A. & M. School at Cochran.
Mr. Barrett of Stephens County, Chairman of the Committee on Appropriations, submitted the following report:

Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bills and Resolutions of the House and has instructed me as chairman, to report the same back to the House with the following recommendations:

House Bill No. 34, do pass as amended.

House Bill No. 19, do not pass.

House Bill No. 40, do not pass:

WEDNESDAY, MARCH 31, 1926.

299

House Resolution No. 13-34D, do not pass.

House Resolution No. 25-65B, do pass.

Respectfully submitted,

BARRETT of Stephens, Chairman.

Mr. Strickland of Brantley County, Chairman of the Committee on County and County Matters, submitted the following report:
Mr. Speaker:
Your Committee on Counties and County Matters has had under consideration the following Bills of the Senate and has instructed me as chairman,. to report the same back to the House with the recommendation that the same do not pass.

Senate Bill No. 8, do not pass.
Respectfully submitted,
STRICKLAND of Brantley,
Chairman:

Mr. Davis of Floyd County, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the Senate and the House and has instructed me as chairman, to report the same back to the House with the recommendation as follows:

3)0

JouRNAL OF THE HousE,

Senate Bill No. 3. A Bill to prescribe the manner of electing members of City Board of Education of Barnesville; and for other purposes, do not pass.

House Bill No. 53. To be entitled an Act to authorize and empower the Trustees of the Ninth and Twelfth Agricultural District Schools of the State in their discretion, to require and provide for two years of Junior college work, do pass by committee substitute.

Respectfully submitted,

DAVIS of Floyd, Chairman.

Mr. Smith of Grady County, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker: Your Committee on Special Judiciary has had under consideration the following Resolution of the House and has instructed me as chairman, to report the same back to the House with the recommendation that the same do pass:
House Resolution No. 24. To R. C. Tucker et al of certain Bond forfeiture in Hancock County, do pass.
Respectfully submitted,
SMITH of Grady, Chairman.

By unanimous consent the following Bills and Resolutions of the House were favorably reported and read the second time:

t

WEDNESDAY, MARCH 31, 1926.

301

By Messrs. Howard of Chattahoochee, Hopkins of Thomas and others-
House Bill No. 34. A Bill to provide that certain past due pensions of Confederate Veterans be paid to their widows; to provide a fund for this purpose.

By Mr. Jackson of Bleckley and Rampley of Habersham-
House Bill No. 53. A Bill to authorize and empower the Trustees of the Ninth and Twelfth Agricultural Schools to require two years of junior College work in addition to work now required of students.

By Mr. Barrett of Stephens-
House Resolution No. 25-65B. A Resolution making appropriations to cover the incidental expenses of operation of the House of Representatives and the Senate.

By Mr. Lewis of Hancock-
House Resolution No. 24-65A. A Resolution relieving R. R. Tucker as principal and R. C. Tucker and others as sureties on a bond.

Under the Orders of the day the following Bill of the House was again taken up for consideration:

By Mr. Barrett of Stephens-
House Bill No. 3. A Bill to amend the Constitution so as to provide bonds for educational purposes.

The following minority report was submitted and read:

Minority Report House Bill, No. 3.

Wher.eas, House Bill No. 3, has been referred to the Committee on Amendments to the Constitution, and that Committee has recommended the said Bill do pass, and,

302

JouRNAL OF THE HousE,

Whereas, the members of said Committee who constitute the minority arid recommended said House Bill No. 3, do not pass, do file this their minority report, asserting that said Bill should not pass.

DAvis of DeKalb, MARTIN of Troupe, STovALL of Elbert.

The motion for the previous question prevailed and the main question was ordered.

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

The Bill involving a Constitutional Amendment, the roll call was ordered and the vote was as follows:

Affirmative-

Adams Alexander Baker Bandy Barnard Barrett Beck Blease Bloodworth Burch Collins Cooper Culpepper Davis of Floyd Dekle Denmark Dorris of Crisp Dorsey
DuBose
Duncan

Dykes Erwin Fielden Gill Griffeth Griffin of Wilkes Griner Hall Hamby Hamilton Harris Hatcher Head Henderson of Carroll Henderson of Irwin Hines Hooper
Hopkins
Howard of Chattahoochee

Humphrey Jackson James Johnson of Bacon Johnson of Camden Jones of Cook Jones of Meriwether Kent Ketcham Lawson Lawton Layton Lewis of Gordon Lindsay Lumpkin Lyons McClure McElmurray McWhorter
Mallard

WEDNESDAY, MARCH 31, 1926.

303

Malone

Mann

Miller

Milton

Murrah

Napier

l

Palmour Parrish Passmore Pate Peacock

Peterson of Tift

~

Phillips

Pilcher Quarterman Rampley Rountree Smith of Grady Smith of Meriwether Smith of Talbot Stanford Stanley Stone of Union Strickland of Brantley Strickland of Pierce
Thomas

Trippe Turner Tyson Vaughn Webb Weekes
Westbrook
Wheeler Williams of Harris Williams of Walton
Winship
Zellars

Negative-

Anderson
Andrews
Barnett
Boswell
Bower
Brannen Brown Brunson Camp of Clayton Camp of Cobb Camp of Coweta Chappell Childs Clark Daniel Davidson Davis of DeKalb Davis of Thomas Dorris of Douglas Doyal England Evans Flanders Fletcher Flynt Folks Gillen Grant

Grice
Griffin of Decatur
Griffin of Twiggs
Grovenstein
Guillebeau Gullatt Hancock Haywood Hillhouse Howard of Long Hulme Hyman Johnson of Appling Kelley Kempton King Lanier Lankford Lee of Screven Lewis of Hancock Logan Loyd McCluney McCrory McKoy Maddox Martin Matthews

Milner
Montgomery
New
Newton
Norman Oliver Owen Parker Paschal Peek Perkins Peterson of
gomery Pickering Rainey Rice Ricketson Riley Rivers Roberts Rosser Russell Short Stark Steed Stovall Swint Talmadge

Mont-

304

JouRNAL OF THE HousE,

Tippins
Traylor Trotter Tucker

Warren
Weaver West Whelchel

Wilhoit Wilson Wood

The Roll Call was verified.

On the passage of the Bill the Ayes were 97, Nays 94.

The Bill having failed to receive a two-thirds Constitutional majority, the Bill was lost.

Mr. Dorris of Crisp gave notice that at the proper time that he would move to reconsider the action of the House in defeating the Bill.

Mr. Dykes of Dooly moved that the House do now adjourn.

On the motion to adjourn Mr. Flynt of Spalding called for the Ayes and 'Nays and the call was sustained.

The Roll Call was ordered and the vote was as follows:

Affirmative-
.Adams
Alexander
Andrews
Baker Bandy Barnard Barrett Beck Blease Bloodworth Boswell Brannen Brunson Burch Camp of Clayton

Camp of Coweta
Chappell
Clark
Collins Cooper Culpepper Davidson Davis of Floyd Dekle Denmark Dorris of Crisp Dorsey DuBose Duncan Dykes

England
Erwin
Folks
Gillen Griffin of Twiggs Griner Hall Hamby Hamilton Harris Hatcher Haywood Head Henderson of Carroll Henderson of Irwin

WEDNESDAY, MARCH 31, 1926.

305

Hines Hooper Hopkins Howard of Chatta-
hoochee Howard of Long
Humphrey
Hyman Jackson James Johnson of Appling Johnson of Bacon Johnson of Camden Jones of Meriwether Kent Lankford Lawson Lawton Layton Lee of Clinch Lee of Screven Lewis of Hancock Lindsay Logan Lumpkin Lyons
Negative-
Anderson
Bower Brown
Childs Daniel Davis of DeKalb
Dorris of Douglas Doyal Flanders Fletcher Flynt Grice Grovenstein Gullatt

McCluney McClure McElmurray McWhorter Maddox Mallard Malone Mann Miller Milton Montgomery Murrah Napier Newton Oliver Palmour Parrish Paschal Pate Peacock Phillips Quarterman Rampley Rice Riley Roberts
Hancock
Hillhouse Kelley Ketcham Lanier Loyd McCrory McKoy Martin Mattltews Milner New Owen Parker

Rosser
Russell
Smith of Grady Smith of Meriwether Smith of Talbot Stanley Stone of Union Stovall Strickland of Brantley Strickland of Pierce Swint Thomas Trippe Trotter Tucker Turner Tyson Vaughn Warren Webb Weekes Westbrook Wheeler Williams of Harris Wilson Winship Zellars

Peterson of gomery
Pickering
Rainey
Ricketson Short Stanford Stark Steed Talmadge Tippins Traylor Weaver Whelchel Wilhoit

Mont-

306

JouRNAL OF THE HousE,

By unanimous consent the verification of the Roll Call was dispensed with.

On the motion to adjourn the Ayes were 125, Nays 42.

The motion to adjourn prevailed.

Leave of absence was granted to Mr. Linder of Jeff Davis and Mr. Wilson of Wilcox.

The Speaker announced the House adjourned until tomorrow morning at nine o'clcok.

THURSDAY, APRIL 1, 1926.

307

FouRTEENTH DAY

REPRESENTATIVE HALL, ATLANTA GA.,
THURSDAY, APRIL 1, 1926.
The House met pursuant to adjournment this day at 9:00 o'clock, A.M., was called to order by the Speaker and opened with prayer by Rev. Mr. Malone, Representative from Bibb County.
On motion the call of the roll was dispensed with.
Mr. Wilhoit of Warren, Chairman of the Committee on Journals, reported that the Journal had been read and found correct.
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
The Journal was confirmed.
By unanimous consent the following was established ~ the order of business during the first part of the period of unanimous consents:
1. Introduction of new matter under the Rules.
2. Reports of standing committees.
3. Reading of House and Senate bills and resolutions, favorably reported, the second time.

308

JouRNAL OF THE HousE,

4. Passage of uncontested local House and Senate bills and resolutions and general House and Senate bills having a local application.

5. First reading of Senate b.ills and resolutions.

By unanimous consent the following bills of the House were introduced, read the first time, and referred to committees:

By Messrs. Palmour and Newton of Hall-
House Bill No. 69. A Bill to amend the charter relative to an Industrial and Publicity Board of Gainesville.

Referred to Committee on Municipal Government.

By Messrs. Parker, Pilcher and Traylor of Richmond-
House Bill No. 70. A Bill to provide that the office of County School Superintendent and Secretary of the Board of Education in all counties in Georgia having by .the U. S. Census of 1920 a population of not more than seventy thousand and not less than sixty thousand shall not be or remain merged and held by one person, etc.

Referred to Committee on Education.

By Mr. Barrett of Stephens-
House Resolution No. 30-68c. A Resolution to make appropriation to meet deficiency in the General Printing Fund for 1926.

Referred to Committee on Appropriations.
By Mr. Peterson of Montgomery, and others-
House Resolution No. 31-68d. A Resolution providing for sine die adjournment of the General Assembly, and for other purposes.

THURSDAY, APRIL 1, 1926.

309

By Mr. Tyson of Mcintosh-
House Bill No. 71. A Bill to amend the Constitution so as to allow Mcintosh County to increase its bonded indebtedness, and for other purposes.

Referred to Committee on Amendments to Constitution.

By Mr. Quarterman of Ware--
House Bill No. 72. A Bill to provide for the payment of a Road Duty Commutation Tax in Ware County, and for other purposes.

Referred to Committee on General Judiciary No. 1.
The following message was received from the Senate through Mr. McClatchey, the Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the House and Senate to-wit:

By Messrs. Wood and Hooper and Miss Kempton of Fulton and Weeks, Davis and Lindsay of DeKalb-
House Bill No. 29. A Bili to amend Section 6, of Article 7 of the Constitution, relative to levying a school tax of orie mill in counties with cities of 200,000 or more, etc.
By Messrs. Dekle and Stanford of Lowndes-
House Bill No. 33. A Bill to amend the Constitution so as to permit the County of Lowndes and the City of Valdosta, either or both, to increase their bonded indebtedness, and for other purposes.

By Messrs. Harris and England of Jefferson-
House Bill No. 37. A Bill to amend the charter of the City of Louisville, Jefferson County, so as to allow paving.

310

JouRNAL OF THE HousE,

By Messrs. England and Harris of Jefferson-
House Bill No. 38. A Bill to amend the charter of the City of Wadley, Jefferson County, authorizing issuance of bonds to pave streets, sidewalks, etc.; and for other purposes.
By Mr. Harris of Jefferson -
House Bill No. 41. A Bill to amend Paragraph 61, Section 2 of the General Tax Act approved December 19, 1923.
By Mr. Perkins of Jenkins-
House Bill No. 42. A Bill to create a charter for the City of Millen, to allow paving to be done.
By Mr. Miller of the 9th-
Senate Bill No. 9. A Bill to amend an Act approved August 17, 1920, creating the Securities Commission; to provide penalties for violation of any of the provisions of said Act; and for other purposes.
The following message was received from the Senate through Mr. McClatchey, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit:
By Mr. Sapp of the 43rd-
Senate Bill No. 10. A Bill to be entitled An Act to amend an Act, approved August 17, 1920. providing for domestication of foreign corporations; and for other purposes.
Mr. Strickland of Brantley County, Chairman of the Committee on County and County Matters, submitted the following report:

THURSDAY, APRIL 1, 1926.

311

Mr. Speaker:
Your Committee on County and County Matters has had under consideration the following Bill of the Senate and and has instructed me as chairman, to report the same back to the House with the recommendation that the same do pass:

Senate Bill No. 2. Do pass.

Respectfully submitted,

STRICKLAND of Brantley, Chairman.

Mr. Harris of Jefferson County, Chairman of the Committee on Ways and Means, submitted the following report:

Mr. Speaker:

Your Committee on Ways and Means has had under

consideration the following Bills of the House and has

instructed me as chairman, to report the same back to the



House with the recommendation that the same do pass as

amended:

House Bill No. 5, to provide Revenue for the construction of a permanent road system, etc.

Respectfully submitted,

HARRIS of Jefferson,

Chairman.

By unanimous consent the following Bills and Resolutions of the House and Senate were favorably reported and read the second time:

312

JouRNAL OF THE HousE,

By Mr. Harris of Jefferson and Langford of Toombs-
House Bill No.5. A Bill to be entitled an Act to provide Revenue for the construction of permanent highways on the State Aid Road System by continuing the present license tax on motor vehicles, etc.

By Mr. Collier of the 22nd-
Senate Bill No. 2. A Bill to consolidate the office of Tax Receiver and Tax Collector of the County of Lamar into the office of Tax Commissioner.

By unanimous consent the following bills and resolutions of the House were read the third time and placed on their passage:

By Messrs. Parrish and Brunson of Bulloch-
House Resolution 5-30b. A Resolution authorizing the Georgia Normal School at Statesboro, Georgia, to borrow money .



The report of the committee, which was favorable to the

passage of the bill, was agreed to.

On the passage of the bill the Ayes were 135, Nays 0.

The bill having received the requisite constitutional majority was passed.
By Mr. Lewis of Hancock-
House Resolution No. 24-65a. A Resolution relieving R. R. Tucker as principal and R. C. Tucker and others as sureties on a bond.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, APRIL 1, 1926.

313

On the passage of the bill the Ayes were 140, Nays 0.

The bill having received the requisite consittutional majority was passed.

By unanimous consent, Mr. Dorris of Crisp withdrew notice that at the proper time he would move that the House reconsider its action in defeating House Bill No. 3.

Under the order of unfinished business the following bill of the House was again taken up for consideration with the motion for the previous question, by Mr. Lanier of Columbia pending:

By Messrs. Griffin of Decatur, Hooper of Fulton, and others-
House Bill No. 21. A Bill to amend an Act creating a Service Bureau, and for other purposes.

Mr. Martin of Troup moved to table the bill, and the motion was lost.

The motion for the previous question prevailed and the main question was ordered.

The following Minority Report was submitted and read:

We the undersigned members of the Appropriations Committee of the House beg to submit a minority report on House Bill No. 21 and recommend that the same do not pass.

MARTIN of Troup, DAVIS of DeKalb.

The report of the Committee, which was favorable to thE:' passage of the bill was agreed to.

314

JouRNAL oF THE HousE,

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

Affirmative-
Anderson Baker Barrett Boswell Brannen Cooper Culpepper Davis of Floyd Dekle Denmark Dorris of Crisp Dorsey Doyal DuBose Duncan Dykes Erwin Flanders Gill Gillen Griffin of Decatur Gullatt Hall Hamby Hamilton Harris Hatcher Head Hines Hooper Howard of Chatta-
hoochee Humphrey Hyman Jackson James
Negative-
Adams Bandy

Johnson of Bacon Johnson of Camden Jones of Meriwether Kelley Kempton Kent Lankford Lawson Lawton Layton Lewis of Gordon Lindsay Loyd Lumpkin Lyons McCluney McClure McKoy McWhorter Maddox Mallard Malone Mann Matthews Miller Milner Milton Murrah Napier New Newton Owen Palmour Parker Passmore Peacock
Barnard Barnett

Peterson of Tift Phillips Quarterman Rainey Rampley Rice Rivers Rosser Rountree Smith of Meriwether Smith of Talbot Spence Stone of Union Strickland of Brantley Strickland of Pierce Talmadge Taylor Thomas Traylor Trippe Trotter Turner Tyson Warren Webb Weekes Westbrook Wheeler Whelchel Wilhoit Williams of Harris Williams of Walton Winship Zellars
Beck Blease

THURSDAY, APRIL 1, 1926.

315

Bower
Brown
Brunson
Camp of Clayton Camp of Cobb Chappell Childs Collins Daniel Davis of DeKalb Davis of Thomas Dorris of Douglas England Evans Ficklen Fletcher Flynt Folks Grant Grice Griffeth

Griffin of Twiggs
Griffin of Wilkes
Grovenstein
Guillebeau Haywood Henderson of Carroll Henderson of Irwin Hillhouse Hopkins Howard of Long Hulme Johnson of Appling Jones of Cook Ketcham Lanier Lee of Clinch Lee of Screven Lewis of Hancock McCrory McElmurray McElvey

Martin
Montgomery
Norman
Oliver Parrish Perkins Peterson of Mont-
gomery Pickering Ricketson Riley Roberts Russell Short Smith of Grady Stanford Stanley Tucker Vaughn West White

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

On the passage of the bill the Ayes were 105, Nays 70.

The bill having received the requisite constitutional majority was passed.

By unanimous consent the bill was ordered to be immediately transmitted to the Senate.
The following resolution was read:
By Mr. Peterson of Montgomery and othersHouse Resolution No. 31-68d. A Resolution that the
General Assembly do now adjourn sine die.
Privileges of the floor were granted to Hon. J. D. Rice of Towns County, Hon. J. E. T. Bowden of Ware County,

316

JouRNAL OF THE HousE,

G. A. Drew and Col. Reese White of Webster County, and Col. H. W. Nelson, B. Powell, and W. M. Everett of Cook County.

Mr. Dykes of Dooly moved that the House do now adjourn and the motion prevailed.

Leave of abscence was granted to Mr. Peek of Polk, Mr.

James of Jones, Mr. Hooper of Fulton, Mr. Beck of Carroll,

Mr. Steed of Taylor, Mr. Howard of Long, and Mr. Clark

of Laurens.



The Speaker announced the House adjourned until tomorrow morning at 9:00 o'clock.

FRIDAY, APRIL 2, 1926.

ill7

FIFTEENTH DAY

REPRESENTATIVE HALL, ATLANTA, GA.,
\
FRIDAY, APRIL 2, 1926.

The House met pursuant to adjournment this day at 9:00 o'clcok, A.M., was called to order by the Speaker and opened with prayer by the Chaplain.

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

Adams
Alexander
Anderson Andrews Baker Bandy Barnard Barnett Barrett Blease Bloodworth Boswell Bower Brannen Brown Brunson Burch Burgin Camp of Clayton Camp of Cobb Chappell Childs Cooper Culpepper Daniel Davidson

Davis of Floyd
Davis of Thomas
Dekle Dorris of Douglas Dorsey Doyal Duncan Dykes England Vrwin Evans Ficklen Flanders Fletcher Flynt Gillen Grant Grice Griffin of Decatur Griffin of Twiggs Griffin of Wilkes Grovenstein Guillebeau Hall Hamby Hamilton

Hancock
Harris
Head Henderson of Carroll Henderson of Irwin Hines Hopkins Hulme Humphrey Hyman Jackson Johnson of Appling Johnson of Bacon Johnson of Camden Jones of Cook Jones of Meriwether Kelley Kempton Kent Ketcham King Lanier Lankford Lawson Lawton Layton

318

JouRNAL oF THE HousE,

Lee of Clinch
Lee of Screven
Lewis of Gordon
Lewis of Hancock
Lindsay Logan Loyd Lumpkin Lyons McCluney McClure McCrory McElmurray McKoy McWhorter Maddox Mallard Malone Mann Martin Matthews Miller Milner Milton Montgomery Napier New Norman

Oliver
Owen
Palmour
Parker
Parrish Paschal Passmore Pate Peacock Perkins Peterson of Mont-
gomery Phillips Pilcher Quarterman Rainey Rampley Rice Ricketson Rivers Roberts Rosser Rountree Russell Short Smith of Grady Smith of Meriwether Smith of Talbot

Stanford
Stanley
Stark
Stovall
Strickland of Brantley
Swint
Talmadge
Taylor
Thomas Traylor Trippe Trotter Tucker Turner Vaughn Warren Webb Weekes Westbrook Wheeler Whelchel White Wilhoit Williams of Harris Wilson Zellars Mr. Speaker

Mr. Dykes of Dooly asked unanimous consent that the usual order of business established during the first part of the period of unanimous consents be established.

Mr. Milner of Dodge objected.

Mr. Wilhoit of Warren, Chairman of the Committee on Journals, reported that the Journal had been read and found correct.

The Journal was read.

The Journal was confirmed.

FRIDAY, APRIL 2, 1926.

319

By unanimous consent the following Bills and Resolutions of the House and Senate were read the first time and referred to Committees:

By Mr. Tucker of Berrien-
House Bill No. 73. A Bill to amend the charter of the City of Nashville so as to provide for paving, etc.

Referred to Committee on Municipal Government.

By Mr. McWhorter of Oglethorpe-Jones et al-
House Resolution No. 34-73A. A Resolution that House Bill No. 24 be made a special and continuing order on Monday, April 5th, 1926.

Referred to Committee on Rules.

By Mr. Henderson of Irwin-
House Resolution No. 35-73B. A Resolution that House Resolution No. 6 be made a special and continuing order for Monday, April 5th at 12 o'clock.

Referred to Cominittee on Rules.

By Mr. McWhorter of Oglethorpe and Davis of Floyd-

House Resolution No. 36-73C. A Resolution to make House Bill No. 44 a special order.

Referred to Committee on Rules.

By Mr. Miller of the 9th District-
Senate Bill No. 9. A Bill to create and establish the Securities Commission; to provide for a license for all dealers in, and issuers of, such securities, and of their agents, to provide penalties for violation of any of the provisions of this Act.

320

JouRNAL oF THE HousE,

Referred to Committee on General Judiciary No. 2.

By Mr. Sapp of the 43rd District-
Senate Bill No. 10. A Bill providing for domestication of foreign corporations, so as to define the powers and privileges of such domesticated corporations and the stockholders; to provide method of surrendering or cancelling such domestication.

Referred to Committee on General Judiciary No. 2.

The following message was received from the Senate through Mr. McClatchey, the Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the House and Senate, to-wit:

By Mr. Culpepper of Fayette-
House Bill No. 14. A Bill to amend the Constitution providing for necessary sanitation.

By Messrs Whelchel and Lewis of Colquitt-
House Bill No. 56. A Bill to amend an Act to create a new charter for the City of Moultrie, to provide for street improvements, and for other purposes.

By Mr. Sapp of tne 43rd-
Senate Bill No. 10. A Bill to amend an Act approved August 17, 1920, providing for domestication of foreign corporations, and for other purposes.

The following Message was received from the Senate through Mr. McClatchey, the Secretary thereof:

FRIDAY, APRIL 2, 1926.

321

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bill of the House, to-wit:

House Bill No. 41. A Bill to be entitled an Act to amend Paragraph 61, Section 2 of the General tax act approved December 19, 1923.

Mr. Davis of Floyd County, Chairman of the Committee on Education submitted the following report:

Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the House and has instructed me as chairman, to report the same back to the House with the recommendations as follows:
House Bill No. 66. To amend an Act entitled an Act to provide for a system of Public Schools for the City of Vidalia, in Toombs County; to provide for a special tax for the support and maintenance of the same; to provide suitable buildings therefor; to establish a Board of Education to conduct the same, and for other purposes, approved August 30th, 1906 as amended by Acts approved August 8th, 1908, August 16th, 1920 and August 17th, 1925, on page 1530, Acts 1925 by striking out the entire Section 2 of the Amendatory Act, approved August 17th, 1925, and for other purposes, do pass.

House Bill No. 65. Entitled an Act to repeal Section 1537 and Section 1539 of the Code of 1910 and substitute in lieu thereof a Section to be numbered 1537, do pass as amended.
Respectfully submitted,
DAVIS of Floyd, Chairman.

322

JouRNAL oF THE HousE,

Mr. Rosser of Walker County, Temporary Chairman of the Committee on Municipal Government, submitted the following report:

Mr. Speaker:
Your Committee on Municipal Government has had under consideration the following House Bill No. 69 and has instructed me as temporary chairman, to report the same back to the House with the recommendation that the same do pass:

House Bill No. 69. To amend the charter of the City of Gainsville, relative to an industrial and publicity Board and for other purposes.
Respectfully submitted,
RossER of Walker, Temporary Chairman.

Mr. Turner of Brooks County, Chairman of the Committee on Public Highways, submitted the following report:
Mr. Speaker:
Your Committee on Public Highways has had under consideration the following Bills of the House and has instructed me as chairman, to report the same back to the the House with the recommendation as follows:
By Mr. Lawton of Chatham-
House Bill No. 35. The same being an Act to authorize the issuance and sale of Highway Bonds and to create a bond commission, do pass by substitute.

FRIDAY, APRIL 2, 1926.

323

By Mr. Mann of Glynn-
House Bill No. 10, being an Act to reorganize and reconstruct the State Highway Department," do not pass.

Respectfully submitted,

\

TuRNER of Brooks,

\

Chairman.

Mr. Lewis of Hancock County, Chairman of the Committee on State of Republic, submitted the following report:

Mr. Speaker:
Your Committee on State of Republic has had under consideration the following Resolution of the House and has instructed me as chairman, to report the same back to the House with the recommendation that the same do pass:
House Resolution No. 29-68B, do pass.

Respectfully submitted,

LEWIS of Hancock, Chairman.

By ,nanimous consent the following Bills and Resolutions -.>f the House were favorably reported and read the second time:

By Mr. Lawton of Chatham-
House Bill No. 35. A Bill to authorize the issuance and sale of State Highway Bonds; to create a State Bond Commission and to prescribe its duties.
By Messrs. Jones and Smith of Meriwether-
Hause Bill No. 65. A Bill to repeal Section 1573 and

324

JouRNAL OF THE HousE,

Section 1539 of the Code of 1910 and to substitute in lieu thereof Section to be numbered 1537, etc.

By Mr. Lankford of Toombs-
Hause Bill No. 66. A Bill to amend an Act providing for the voting of bonds in the City of Vidalia, Georgia.

By Messrs. Palmour and Newton of Hall-
House Bill No. 69. A Bill to amend the Charter of the City of Gainesville, Georgia, relative to an Industrial and Publicity Board.

By Mr. Griffin of Decatur-
House Resolution No. 29-68B. A Resolution to accept in the name of Georgia a stone to be profferred by the Eighty Second Division Association for a memorial to members of the Division who participated in the taking of Cornay, France, during the World War.

Mr. Culpepper of Fayette asked unanimous consent that the second paragraph of Rule 43, which prohibits suspension of the Rule under certain conditions, be suspended, and the request was granted.

Mr. Culpepper of Fayette asked that House Resolution No. 25-65b be made a special and continuing order until disposed of, and the request was granted.

By Mr. Culpepper of Fayette-
House Resolution No. 25-65b. A Resolution making appropriations for the expenses of the Extraordinary Sessions of 1926.
The Resolution involving an appropriation, the House was resolved into a Committee of the Whole House and

FRIDAY, APRIL 2, 1926.

325

the Speaker designated Mr. Hamilton of Floyd as the Chairman thereof.

The Committee of the Whole House arose and through its Chairman reported the Resolution back to the House with the recommendation that the same do pass by substitute:

The following Substitute was read:

To be entitled an Act to make appropriations for the expenses of the Extraordinary Sessions of 1926.

Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the sums of money herein set out, or so much thereof as may be needed, be and the same are hereby appropriated for the expenses of the Extraordinary Sessions of 1926, to be paid in the same manner as similar expenses are paid for the regular session of the General Assembly, to-wit:

Section 1. Senate. Subsection 1. Officers and members, Items:

(a) For the compensation of the President of the Senate per diem .................. . $10.00

(b) For the compensation of the members of

the Senate per diem ................. .

7.00

In addition to the above sum the Presi-

dent and members of the Senate shall re-

ceive mileage at the rate of ten cents per

mile.

Subsection 2. Employees. Items:

(a) For the compensation of the Secretary of the Senate, per diem .................. .

60.00

326

JouRNAL OF THE HousE,

(b) For the compensation of the Messenger

of the Senate, per diem. . . . . . . . . . . . . . .

7.00

(c) For the compensation of the Doorkeeper

of the Senate, per diem. . . . . . . . . . . . . . .

7.00

In addition the Doorkeeper and Messanger of the Senate shall receive the same mileage as the members of the Senate.

Section 2. House of Representatives.

Subsection 1. Officers and Members. Items:

(a) For the compensation of the Speaker of the House of Representatives, per diem ..
(b) For the compensation of members of the House of Representatives, per diem .....

.10.00
7.00

In addition to the above sum the Speaker apd members of the House of Representatives shall receive mileage at the rate of ten cents per mile.

Subsection 2. Employees. Items:

(a) For the compensation of the Clerk of the House of Representatives, per diem .....

70.00

(b) For the compensation of the Messenger

of the House of Representatives, per diem

7.00

(1) For the compensation of the Doorkeeper

of the House of Representatives, per diem

7.00

In addition the Messenger and Doorkeeper of the House shall receive the same

FRIDAY, APRIL 2, 1926.

327

mileage as the members of the House of Representatives:

(d) For the incidental expenses of the House of Representatives. . . . . . . . . . . . . . . . . . . . 125.00

(e) For the incidental expenses of the Senate 100.00

(f) For indexing the Journals of the House of Representatives. . . . . . . . . . . . . . . . . . . . . . . 125.00

(g) For indexing Journals of the Senate. . . . . . 125.00

(h) For printing, stationary, supplies, furniture, repairs, for the General Assembly and for repairing and operating the amplifier in the Hall of the House or so much thereof as maybe necessary. . . . . . . . . . . . 4,000.00

(i) For compensation of assistant doorkeepers, assistant messengers and other attaches of the House, and of the Senate not otherwise provided for such sums as maybe authorized by resolution of either branch of the General Assembly.
(j) For the printing of the 1925-1926 Manuals or so much thereof as maybe necessary .. 500.00
Section 3. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed.
On the adoption of the Substitute, Mr. Russell of Barrow moved the previous question; the motion prevailed and the main question was ordered.

328

JouRNAL OF THE HousE,

Mr. Flynt of Spalding moved the Ayes and Nays and the call was not sustained.

The Substitute was adopted.
The report of the Committee which was favorable to the passage of the bill was agreed to by substitute.

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

Affirmative---

Adams Alexander Anderson Andrews Baker Bandy Barnard Barrett Blease Bloodworth Boswell Bower Brannen Brunson Burch Burgin Camp of Clayton Camp of Cobb Chappell Childs Cooper Culpepper Daniel Davidson Da,is of Floyd Davis of Thomas Dekle Dorris of Crisp Dorris of Douglas Dorsey

Doyal Duncan Dykes England Erwin Evans Ficklen Flanders Fletcher Flynt Gillen Grant Grice Griffin of Decatur Griffin of Twiggs nriffin of Wilkes Grovenstein Guillebeau Gullatt Hall Hamby Hamilton Hancock Harris Head Henderson of Carroll Henderson of Irwin Hines Hopkins Hulme

Humphrey Hyman Jackson Johnson of Appling Johnson of Bacon Johnson of Camden Jones of Cook Jones of Meriwether Kelley Kempton Kent Ketcham King Lanier Lawson Lawton Layton Lee of Clinch Lee of Sci:e,en Lewis of Gordon Lewis of Hancock Logan Loyd McCluney McClure McCrory McElmurray McKoy McWhorter Maddox

Mallard
Malone
Mann
Martin
Matthews
Miller
Milner
Milton
Montgomery Napier New Oliver Owen Palm our Parker Parrish Passmore Pate Peacock Perkins

FRIDAY, APRIL 2, 1926.

329

Peterson of Montgomery
Phillips
Pilcher
Quarterman
Rainey
Rampley
Rice
Ricketson
Rivers Roberts Rosser Russell Smith of Grady Smith of Meriwether Smith of Talbot Stanford Stanlf'y Stark Sto,all

Strickland of Brantley
Swint
Talmadge Taylor Thomas Traylor Trippe Trotter Tucker Turner Vaughn \Yarren Webb Weekes Westbrook Wheeler Whelchel White Wilhoit Williams of Harris Zellars

N igative---
Norman

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

On the passage of the Resolution the Ayes were 150, Nays l.

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

The following Resolution was read and adopted:

By Mr. McCrory of Schley-
House Resolution No. 32. A Resolution that when the House adjourn today it stand adjourned until Monday morning at 11:00 o'clock.

330

JouRNAL oF THE HousE,

Under the regular order of business the following Bills and Resolutions of the House were taken up for consideration and read the third time:

By Mr. Harris of Jefferson-
House Bill No. 5. A Bill to provide additional revenue for the Highway Department by placing additional tax on fuel distributors.

Mr. Harris of Jefferson moved to table the Bill and the motion prevailed.

The Bill was tabled.

By Mr. Harris of Jefferson-
House Bill No. 6. A Bill to empower all municipal corporations to make provision for a general system of re~is tration of voters.

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

On the passage of the Bill the Ayes were 105, Nays 8.

The Bill having received the requisite constitutional majority was passed.

By unanimous consent thelBill was ordered to be Immediately transmitted to the:Senate.

Mr. Mann oflGlynn moved that House Bill No. 5 be taken from the table.

Mr. Harris of Jefferson moved that the House do now adjourn.

FRIDAY, APRIL 2, 1926.

Mr. Lindsay of DeKalb moved the Ayes and nays on the motion to adjourn and the call was sustained.

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

Affirmative---
Alexander
Anderson
Barnett
Bower
Brannen Brunson Burgin Camp of Cobb Camp of Coweta Childs Daniel Davidson Davis of DeKalb Dorris of Douglas Dorsey Doyal England Evans Flanders Fletcher Flynt Gillen Grant Griffin of Decatur Griffin of Twiggs Grovenstein Guillebeau ~am b y
Negative---
Adams
Andrews Baker Bandy Barn arc! BarrPtt

Hamilton
Hancock
Harris
Hillhouse
Hulme Hyman Jones of Cook Kelley Kempton Ketcham King Lanier Lankford Lee of Clinch Lee of Screven Lewis of Hancock Logan Loyd
~IcCluney
1\IcCrory McElmurray McKoy Maddox :Martin Matthews Milner Montgomery Kew

Norman
ParkPr
Paschal
Perkins Peterson of Mont
gomery Pilcher Rainey Rampley Rice Rivers Roberts Rosser Russell Stark Stovall Swint Talmadge Taylor Traylor Trotter \Varren Weaver Webb Wheeler Whelchel WhitP Williams of Harris

Blease
Bloodworth Brown Burch Camp of Clayton Cooper

Culpepper
Davis of Floyd Davis of Thomas Dekle Denmark Dorris of CriHp

332

JouRNAL OF THE HousE,

Dykes

Layton

Phillips

Erwin

Lewis of Gordon

Quarterman

Grice

Lindsay

Ricketson

Gullatt

Lumpkin

Smith of Grady

Hall

Lyons

Smith of Meriwether

Head

McClure

Smith of Talbot

Henderson of Carroll

Mc,Vhorter

Stanford

Henderson of Irwin

:\1allard

Stanley

Hines

Malone

Stone of Union

Hopkins Howard of Chatta-
hoochee

Mann Miller Milton

Strickland of Brantley Strickland of Pierce Thomas

j

Humphrey

Napier

Trippe

Jackson

Oliver

Tucker

Johnson of Appling

Owen

Turner

Johnson of Bacon

Palmour

Vaughn

Johnson of Camden

Parrish

Weekes

Kent

Passmore

West

Lawson

Pate

Westbrook

Lawton

Peacock

Zellars

By unanimous consent the verification of the roll call was dispensed with.
On the motion to adjourn the Ayes were 83, Nays 77.
The motion to adjourn prevailed.
Privileges of the floor were granted to Hon. R. C. Fryer and Hon. W. B. Jordan of Talbot County, Messrs. R. W. Wallace, J. J. Davis and J. A. Nolan of Morgan County, Hon. B. J. Fowler of Bibb County, Hon. W. C. Parker of Ware County, Hon. J. J. Yarborough of Muscogee County.
L~ave of absenc(was granted to Mr. Andrews of Crawford, Mr. Strickland of Brantley, Mr. Montgomery of Webster, Mr. Blease of Brooks, Mr. DuBose of Clarke, Mr. Burgin of Marion, and Mr. Johnson of Appling.
The Speaker announced the House adjourned until Monday morning at 11:00 o'clock.

:MoNDAY, APRIL 5, 1926.

333

EIGHTEENTH DAY

REPRESENTATIVE HALL, ATLANTA GA.,
MoNDAY, APRIL 5, 1926.
The House met pursuant to adjournment this day at 11:00 o'clcok, A. M., was called to order by the Speaker and opened with prayer by the Chaplain.
By unanimous consent the roll call was dispensed with. Mr. Wilhoit of Warren, Chairman of the Committee on Journals, reported that the Journal had been read and found correct.
By unanimous consent the reading of the Journal of Friday's proceedings was dispensed with.
The Journal was confirmed.
By unanimous consent the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of new matter under the Rules.
2. Reports of Standing Committees.
3. Reading of House and Senate Bills and Resolutions, favorably reported, the second time.

334

JouRNAL OF THE HousE,

4. Passage of uncontested local House and Senate Bills and Resolutions and general House and Senate Bills and Resolutions having a local application.

5. First reading of Senate Bills and Resolutions.

By unanimous consent the following Bills and Resolutions were introduced, read the first time and referred to Committees:

By Mr. Harris of Jefferson and Mr. Wilhoit of Warren-
House Bill No. 74. A Bill to provide for the elimination of railroad grade crossings on the State Road System, to be entitled the "Grade Crossing Elimination Act."

Referred to Committee on General Judiciary No. 2.
By Mr. Kelley of GwinnettHouse Bill No. 75. A Bill to propose a Constitutional
amendment providing for a mileage tax, for the support and maintenance of the University and its Branches.
Referred to Committee on Amendments to Constitution.
By Mr. Bower of DecaturHouse Bill No. 76. A Bill to provide for permanent
registration of motor vehicles, to provide a special and permanent license tax therefor with annual variations.
Referred to Committee on Ways and Means.
By Messrs. Head and Camp of CobbHouse Bill No. 77. A Bill establishing a new charter
for town of Acworth, in Cobb County, so as to provide for issuing- of bonds for paving the streets of said city.
Referred to Committee on Municipal Government.

MONDAY, APRIL 5, 1926.

335

By Mr. Hatcher of Burke-
House Bill No. 78. A Bill to provide for upkeep of State Aid Roads by the county authorities in its several counties.
Referred to Committee on Public Highways.

By Mr. Stanford of Lowndes-
House Resolution No. 37-76a. A Resolution proposing to people of Georgia an amendment to paragraph 3, section 4, article 3 of Constitution of Georgia so as to provide for annual sesssions of the General Assembly of Georgia.

Referred to Committe on Amendments to Constitution.

By Mr. Traylor of Richmond-

House Resolution No. 38-77a. A Resolution relative to allegations of mistreatment of inmates of the School for the feeble minded at Gracewood.

Referred to Committee on Reformatories.

By Messrs. Stone of Union and Humphrey of Emanuel--

House Bill No. 81. A Bill to levy upon dealers and dispensers of all malt and syrup drinks and what is commonly known as soft drinks, etc.

Referred to Committee on Ways and Means.

Mr. Jones of Meriwether County, Chairman of the Committee on Amendments to the ()onstitution submitted the following report:

Mr. Speaker:
Your Committee on Amendments to the Constitution has had under consideration the following Bills of the House

336

JouRNAL OF THE HousE,

and has instructed me as chairman, to report the same back to the House with the recommendation as follows, to wit:

House Bill No. 71. To authorize Mcintosh County to issue Bonds, do pass.
House Bill No. 68. To amend Constitution to increase County Tax vote for Educational purposes, do pass as amended.
Respectfully submitted,

W. R. JoNES of Meriwether, Chairman.

Mr. Hyman of Washington County, Chairman of the Committee on General Judiciary No. 2, submitted the following report:

Mr. Speaker:
Your Committee on General Judiciary No. 2, has had under consideration the following Bill of the Senate and has instructed me as chairman, to report the same back to the House with the recommendation that the same do pass:
Senate Bill No. 10. To amend Act of 1920 providing for domestication of foreign corporations, etc.

Respectfully submitted,

HYMAN, Chairman.

Mr. West of Randolph County, Vice-Chairman of the Committee on Municipal Government, submitted the following report:

MoNDAY, APRIL 5, 1926.

337

Mr. Speaker:
Your Committee on Municipal Government has had under consideration the following Bill of the House and has instructed me as chairman, to report the same back to the House with the recommendation that the same do pass:

House Bill No. 73. To amend the charter of the City of Nashville so as to provide for paving, etc.

Respectfully submitted,

WEsT of Randolph, Vice-Chairman.

Mr. Turner of Brooks County, Chairman of the Committee on Public Highways, submitted the following report:
Mr. Speaker:
Your Committee on Public Highways has had under consideration the following Bill of the House and has instructed me as chairman, to report the same back to the House with the recommendation that the same do pass by substitute:
House Bill No. 51 providing that Counties may assign their gasoline tax to the State Highway Board.
Respectfully submitted,
TuRNER of Brook, Chairman.

Mr. Harris of Jefferson County, Chairman of the Committee on Ways and Means, submitted the following report:

338

JouRNAL OF THE HousE,

1lfr. Speaker:
Your Committee on Ways and Means has had under consideration the following Bill of the House and has instructed me as chairman, to report the same back to the House with the recommendation that the same do pass by substitute:

House Bill No. 62. To amend the cigarette and cigar tax act.
Respectfully submitted,

HARRIS of Jefferson.

By unanimous consent the following Bills of the House and Senate were favorably reported and read the second time:
By Mr. Quarterman of Ware-House Bill No. 51. A Bill authorizing the county or
counties, whenever they see fit, to assign by proper resolution and contract their one cent gas tax to the State Highway Board of Georgia for period of time.
By Mr. Jones of Meriwether and Mr. Harris of JeffersonHouse Bill No. 62. A Bill to amend an Act levying a
tax upon dealers in cigars and cigarettes.
By Messrs. Kelly and Maddox of GwinettHouse Bill No. 68. A Bill to amend the Constitution
on the subject of educational taxation.
By Mr. Tyson of Mcintosh-
House Bill No. 71. A Bill to amend the Constitution authorizing the County of Mcintosh to increase its bonded indebtedness.

MoNDAY, APRIL 5, 1926.

339

By Mr. Tucker of Berrien-
House Bill No. 73. A Bill to amend the Charter of the City of Nashville.

By Mr. Sapp of the 43rd-
Senate Bill No. 10. A Bill providing for domestication of foreign Corporations.

By unanimous consent the following Bills and Resolutions of the House and Senate were read the third time and placed on their passage:

By Mr. Lankford of Toombs-
Hause Bill No. 66. A Bill to amend an Act establishing a system of public schools for the City of Vidalia, Georgia.

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

On the passage of the bill the Ayes were 120, Nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Palmour and Newton of HallHouse Bill No. 69. A Bill to amend the Charter of the
City of Gainesville, Georgia.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 125, Nays 0.
The bill having received the requisite constitutional rna. rity was passed. JO

340

JouRNAL oF THE HousE,

By Mr. Collier of the 22nd-
Senate Bill No. 2. A Bill to consolidate the offices of Tax Receiver and Tax Collector of the County of Lamar into the office of Tax Commissioner, and for other purposes.

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

On the passage of the bill the Ayes were 135, Nays 0.

The bill having received the requisite constitutional majority was passed.
The following Resolution was read and adopted:
By Mr. Griffin of Decatur-
House Resolution No. 29-68b. A Resolution authorizing the Governor to accept in the name of Georgia a stone to be proffered by the Eighty-Second Division Association for a memorial to the members of the Division who participated in the taking of Carnay, France, during the World War, and for other purposes. '

By unanimous consent the House decided to hold afternoon sessions during the remainder of the Extraordinary session beginning at 3:00 o'clock, Tuesday afternoon, April 6, 1926.

By unanimous consent the Committee on Rules was authorized to fix a calendar for the afternoon session of Tuesday, April 6, 1926, with the understanding that the gas tax bill, the highway bond bill, or any bill relating to re-organization of Highway Department shall not be voted upon during such afternoon session.

By unanimous consent the House decided that when the House adjourned today it stand adjourned until tomorrow morning at 10:00 o'clock.

MoNDAY, APRIL 5, 1926.

341

Under the order of unfinished business the motion to take House Bill No.5 from the table by Mr. Mann of Glynn was taken up for consideration.

On the motion to take House Bill No. 5 from the table Mr. Mann of Glynn call for the Ayes and Nays and the call was sustained.
The roll call was ordered and the vote was as follows:

Affirmative---
Adams Alexander Baker Bandy Barnard Barrett Blease Bloodworth Burch Cooper Culpepper Davis of Floyd Davis of Thoma.~ Dekle Denmark Dorris of Crisp Dorsey Duncan Dykes Erwin Ficklen Grice Griffeth Griner Gullatt Hamby Hamilton Hatcher Head Henderson of Carroll

Henderson of Irwin Hines Hooper Hopkins Howard of Chatta-
hoochee Hulme Humphrey Jackson James Johnson of Bacon Johnson of Camden Jones of Cook Jones of Meriwether Kent Ketcham Lawson Lawton Layton Lewis of Gordon Lindsay Lumpkin Lyons McClure McElvey McWhorter Mallard Malone Mann Miller

Milton Murrah Napier Oliver Palmour Parrish Pate Peacock Phillips Pilcher Quarterman Rampley Smith of Grady Smith of Meriwether Smith of Talbot Stone of Union Stone of Walton Strickland of Brantley Thomas Trippe Tucker Turner Vaughn Webb Weekes Wheeler Whitchard White Williams of Harris Williams of Walton

342

JouRNAL OF THE HousE,

Negative---
Anderson
Beck
Bower Brown Camp of Clayton Camp of Cobb Chappell Childs Daniel Davis of DeKalb Dorris of Douglas Doyal Evans Fletcher Flynt Folks Grant Griffin of Twiggs Grovenstein

Guillebeau
Hancock Harris
Hillhouse Hyman Kelley Kempton Lanier Lankford Lee of Clinch Loyd McKoy Maddox Martin Matthews Milner New Newton Parker

Peterson of gomery
Rainey
Rice Ricketson Rivers Roberts Russell Stanford Stark Stovall Swint Talmadge Traylor Trotter Weaver West Wilhoit Wood

Mont-

The roll call was verified.

On the motion to take House Bill No. 5 from the table the Ayes were 89, Nays 56.
The bill was taken from the table and placed on the calendar in its appropriate place.
Under the regular order of business the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
By Mr. Memory of the 46th-
Senate Bill No. 6. A Bill to amend an Act to authorize the securing of advances made for the purpose of planting, making or gathering a crop or crops by the giving of a bill of sale, and for other purposes.

MoNDAY, APRIL 5, 1926.

343

Mr. Rampley of Habersham moved the previous question on the pending bill; the motion prevailed and the main question was ordered.

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

On the passage of the bill, Mr. Miller of Muscogee called for the Ayes and Nays and the call was sustained.

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

Affirmative---
Adams Alexander Anderson Baker Bandy Barnard Barrett Beck Blease Bloodworth Bower Brown Burch Camp of Clayton Camp of Cohb Chappell Childs Collins Culpepper Daniel Davis of Floyd Davis of Thomas Dekle Denmark Dorris of Crisp Dorris of Douglas Dorsey Doyal Duncan

Dykes Erwin Evans Ficklen Fletcher Flynt Grant Grice Griffeth Griffin of Twiggs Griner Grovcnstein Guillebeau Gullatt Hamby Hamilton Hancock Harris Hatcher Head Henderson of Carroll Henderson of Irwin Hillhouse Hines Hooper HopkinR Howard of Chatta-
hoochcc Hulme

Humphrey Hyman Jackson .James .Johnson of Bacon .Johnson of Camden Jones of Cook Jones of Meriwether Kelley Kempton Kent Ketcham King Lanier Lankford Lawson Lawton Layton
Lee of Clinch
Lewis of Gordon Lindsay Loyd Lumpkin Lyons McClure McElvey McKoy McWhorter Maddox

344

JouRNAL OF THE HousE,

Mallard
Malone
Mann
Martin
Matthews
Miller
Milner
Milton
Murrah
Napier New Newton Norman Oliver Owen Palmour Parker Parrish Pate Peacock

Peterson of Montgomery
Phillips
Pilcher
Quarterman
Rainey Rampley Rice R,jcketson Rivers Roberts Russell Smith of Grady Smith of Meriwether Smith of Talbot Stanford Stark Stone of Union Stone of Walton Stovall Swint

Talmadge
Taylor
Thomas
Traylor
Trippe
Trotter Tucker Turner Tyson Vaughn \\'eaver Webb WeekeE \\'est Wheeler Whit chard White Wilhoit Williams of Harris Williams of Walton Wood

The roll call was verified.

On the passage of the bill the Ayes were 146, Nays 0.

The bill having received the requisite constitutional majority was passed.
Mr. Lankford of Toombs moved that the House do now adjourn.
Mr. Harris of Jefferson called for the Ayes and Nays and the call was sustained.

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

Affirmative---
Anderson Bower Camp of Clayton

Camp of Cobb Daniel DaYiH of DeKalb

Dorris of Douglas Doyal Evnns

Fletcher
Flynt
Grant
Griner
Grovenstein
Guillebeau Hancock Harris Hillhouse Hyman Kelley Kempton Ketcham Lanier Lankford
Negative--
Alexander
Baker
Bandy
Barnard Barrett Beck Blease Bloodworth Burch Chappell Childs Collins Culpepper Davis of Floyd Davis of Thomas Dekle Denmark Dorris of Crisp Dorsey Duncan Dykes Erwin Ficklen Folks Grice Griffeth

MoNDAY, APRIL 5, 1926.

345

Lee of Clinch Loyd McElvey McKoy Maddox Martin Matthews Milner New Newton Parker Peterson of
gomery Phillips Pilcher Rainey

Mont-

Rice Rivers Roberts Stanford Stark Stovall Swint Talmadge Taylor Traylor Tyson \Veaver West Wheeler Wilhoit Wood

Griffin of Twiggs

Gullatt

Hamby

Hamilton Hatcher Head Henderson of Carroll Henderson of Irwin Hines

Hooper Hopkins Howard of
hoochee

Chatta-

Hulme Humphrey Jackson

James Johnson of Bacon Johnson of Camden Jones of Cook .Jones of Meriwether Kent Lawson Lawton Layton Lewis of Gordon

Lindsay
Lumpkin
McClure
McWhorter
Mallard Malone Mann Miller Milton Murrah Napier Norman Oliver Owen Palmour Parrish Pate Peacock Quarterman Rampley Ricketson Russell Smith of Grady Smith of Meriwether Smith of Talbot Stone of Union

346

JouRNAL oF THE HousE,

Stone of Walton Strickland of Brantley Thomas Trippe Trotter

Tucker Turner Webb Weekes

Whit chard White Williams of Harris Williams of Walton

The roll call was verified.

On the motion to adjourn the Ayes were 55, Nays 90.

The motion to adjourn was lost.

Under the regular order of business the following bill of the House was again taken up for consideration:

By Messrs. Harris of Jefferson and Lankford of Toombs-
Hause Bill No. 5. A Bill to provide revenue for the construction of permanent highways on the State Aid Road System, and for other purposes.

Privileges of the floor were granted to Han. S. L. Gregory of Wheeler County, Han. J. W. Haines, Miss Louise Folks, of Ware County, and Han. Glenn Looper of Whitfield County.

By unanimous consent the House decided to adjourn until tomorrow morning.

Leave of absence was granted to Mr. Davis of Floyd, Mr. Cooper of Telfair, and Mr. Hall of Treutlen.

The Speaker announced that the House adjourned until tomorrow morning at 10:00 o'clock.

TuESDAY, APRIL 6, 1926.

347

NINETEENTH DAY

REPRESENTATIVE HALL, ATLANTA, GA.,
TuESDAY, APRIL 6, 1926.

The House met pursuant to adjournment this day at 10:00 o'clock, A.M., was called to order by the Speaker and opened with prayer by the Chaplain.

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

Adams Alexander Anderson Baker Bandy Barnard Barnett Barrett Beck Blease Bloodworth Boswell Bower Brown Brunson Burch Camp of Clayton Camp of Cobb Chappell Chiids Culpepper Daniel Davis of DeKalb Davis of Thomas

Dekle Denmark Dorris of Douglas Dorris of Crisp Dorsey Doyal DuBose Duncan Dykes England Erwin E\ans Ficklen Fletcher Folks Gillen Grant Greer Grice Griffin of Decatur Griffin of Twiggs Griner Grovenstein Guillebcau

Gullatt Hamby Hamilton Hancock Harris Hateher Head Henderson of Carroll HPnderson of Irwin Hillhouse Hines Hooper Hopkins Howard of Long Hulme Humphrey Hyman .Jackson .James .Johnson of Bacon .Johnson of Camden .Tones of Cook .Jones of Meriwether Kelley

348

JouRNAL OI<' THE HousE,

Kempton
Kent
Ketcham King Lanier Lankford Lawson Lawton Layton Lee of Clinch Lee of Screven Lewis of Colquitt Lewis of Gordon Lewis of Hancock Lindsay Logan Loyd Lyons McCluney McClure McCrory McElmurray McElvey McKoy McWhorter Maddox Mallard Malone Mann Martin Matthews Milner Milton Montgomery Murrah Napier New

Norman
Oliver
Owen Palmour Parker Parrish Paschal Passmore Pate Peacock Peek Perkins Peterson of Mont-
gomery Peterson of Tift Phillips Pilcher Pickering Quarterman Rainey Rampley Rice Ricketson Riley Rivers Roberts Rosser Rountree Russell Short Smith of Grady Smith of Meriwether Smith of Talbot Spence Stanford Stanley Stark

Steed
Stone of Union
Stone of Walton
Stovall
Strickland of Brantley
Strickland of Pierce
Swint
Talmadge
Taylor
Thomas
Tippins
Traylor Trippe Trotter Tucker Tyson Vaughn Warren Webb Weekes West Westbrook Wheeler Whelchel Whitchard White Wilhoit Wilkin Williams of Harris Williams of Walton \Vilson Winship Wood Zellars Mr. Speaker

Mr. Wilhoit of Warren, Chairman of the Committee on Journals, reported that the Journal had been read and found correct.

By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.

TuESDAY, APRIL 6, 1926.

349

The Journal was confirmed.

By unanimous consent the following was established as the order of business during the first part of the period of unanimous consents:

1. Introduction of new matter under the Rules.

2. Reports of Standing Committees.

3. Reading of House and Senate bills and resolutions, favorably reported, the secong time.

4. Passage of uncontested local House and Senate bills and resolutions and general House and Senate bills and resolutions having a local application.

5. First reading of Senate bills and resolutions.

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

By Messrs. Lawton, Denmark and Alexander of Chatham-
House Bill No. 79. A Bill to amend Acts of General Assembly of 1921, relating to and incorporating town of Warsaw in Chatham County.

Referred to Committee on Municipal Government.

By Mr. McWhorter of Oglethorpe-
House Bill No. 80. A Bill to amend Code relative to the Superior Courts granting charters to corporations.

Referred to Committee on General Judiciary No.2.

350

JouR~AL OF THE HousE,

The following message was received from the Senate through Mr. McClatchey, the Secretary thereof:

Mr. Speaker:
The Senate has passed by substitute the following Bill of the House, to-wit:

By Messrs. Denmark and Alexander of Chatham-
House Bill No. 54. A Bill to be entitled an Act to amend the several acts relating to and incorporating the Mayor and Alderman of the City of Savannah, relative to conveying President Street.

The following message was received from the Senate through Mr. McClatchey, the Secretary thereof:

Mr. Speaker:
The Senate has passed by the reqmsue constitutional majority the following Bill of the Senate, to-wit:

By Messrs. Carswell of the 5th, Hughes of the 21st, Memory of the 46th and Dixon of the 17th-
Senate Bill No. 12. A Bill to authorize a County or Counties, whenever they see fit, to assign by proper resolution and contract, their one cent gas tax to the State Highway Board of Georgia for a period of time; and for other purposes.
Mr. Anderson of Chattooga County, Chairman of the Committee on Pensions, submitted the following report:
Mr. Speaker:
Your Committee on Pensions has had under consideration

TuESDAY, APRIL 6, 1926.

351

the following House Resolution No. 28-68a and has instructed me as chairman, to report the same back to the House with the recommendation that the same do not pass.

Respectfully submitted,

T. J. ANDERSON of Chattooga, Chairman.

By unanimous consent the following bill of the House was read the third time and placed on its passage:

By Mr. Tucker of Berrien-
House Bill No. 73. A Bill to amend the Charter of the City of Nashville, Georgia.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill the Ayes were 115, Nays 0.

The bill having received the requisite constitutional majority was passed.

By unanimous consent the following bills of the Senate were read the first time and referred to committees:

By Carswell, Hughes, Memory and Dixon-



Senate Bill No. 12. A Bill to authorize a county or

counties, whenever they see fit, to assign by proper resolution

and contract, their one cent gas tax to the State Highway

Board of Georgia for a period of time.

Referred to Committee on General Judiciary No. 1.

352

JouRNAL OF THE HousE,

Under the order of unfinished business the following bill of the House was again taken up for consideration:

By Mr. Harris of Jefferson-
House Bill No. 5. A Bill to increase the tax on fuel distributors for upkeep and maintenance of State Aid Roads.

Mr. Dykes of Dooly moved that when the House resolved itself into a Committee of the Whole House that the House instruct the Committee of the Whole House to debate the bill for one and one-half hours and report the same back to the House at the end of that time; and the motion prevailed.

Mr. Dorris of Crisp moved the previous question on the bill and all amendments and substitutes thereto.

Mr. Harris of Jefferson moved to table the bill.

On the motion to table the bill, Mr. Milner of Dodge moved the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:

Affirmative--

Adams

Anderson

Barnett

Beck

Boswell



Bower Brannen

Brown Brunson Camp of Clayton Chappell Childs Daniel Davidson

Davis of DcKalb
Dorris of Douglas
Doyal
England Evans Fletcher Gillen Grant Griffin of Decatur Grovenstein Guillebeau Hancock Harris Hillhouse

Hyman
Kelley
Kempton
Ketcham King Lanier Lankford Lee of Clinch Lee of Screven Lewis of Colquitt Lewis of Hancock Logan Loyd McCrory

McElvey McKoy Maddox Martin Matthews Milner New Norman Parker Peek Perkins

TuESDAY, APRIL 6, 1926.

353

Peterson of gomery
Pickering Rainey Rice Ricketson Rivers Roberts Spence Stanford Stark

1\Iont-

Steed Swint
Talmadge Traylor
Trotter West Whelchel Wilhoit Wilson Wood

Negative---
Alexander
Baker
Bandy
Barrett
Blease
Bloodworth
Burch
Culpepper
Davis of Thomas Dekle Denmark Dorris of Crisp Dorsey DuBose Duncan Dykes Erwin Ficklen Folks Griffeth Griffin of Twiggs Griner Hamby Hamilton Hatcher Head Henderson of Carroll Henderson of Irwin Hines Hooper

Hopkins
Howard of Chattahoochee
Howard of Long Hulme Humphrey Jackson Johnson of Bacon Johnson of Camden Jones of Cook Jones of Meriwether Kent Lawson Lawton Layton Lewis of Gordon Lindsay Lyons McCluney McClure McElmurray McWhorter Mallard
~Ialone
~I ann !\filton :\Iurrah Napier Oliver Palm our Parrish

Pate
Peacock
Peterson of Tift
Phillips
Pilcher
Quarterman
Riley Rountree Russell Smith of Grady Smith of Meriwether Smith of Talbot Stone of Union Stone of Walton Strickland of Brantley Strickland of Pierce Taylor Thomas Trippe Tucker Vaughn \Varren Webb Weekes Wt>stbrook Wheeler Whitchard White Wilkin ZPllars

354

JouRNAL OF THE HousE,

The verification of the roll call was dispensed with.

On the motion to table House Bill No. 5., the ayes were 73, nays 90.

The motion to table was lost.
The bill involving an appropriation, the House was resolved into a Committee of the Whole House and the Speaker designated Mr. Culpepper of Fayette as the Chairman thereof.

The Committee of the Whole House arose and through its Chairman reported the bill back to the House with the recommendation that the same do not pass.

Mr. Gullatt of Campbell moved the previous question on the bill.
Mr. Harris of Jefferson moved to table the bill.

On the motion to table Mr. Harris of Jefferson moved the ayes and nays and the call was sustained.

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

Affirmative---
Adams
Anderson Bower Brown Camp of Cobb Chappell Childs Daniel Davidson Davis of DeKalb Dorris of Douglas Doyal

England
Evans fletcher Gillen Griffin of Decatur Griffin of Twiggs Grovenstein Guillebeau Hancock Harris Hillhouse Howard of Long

Kempton
Ketcham Lanier Lankford Lee of Clinch Lee of Screven Lewis of Colquitt Lewis of Hancock Logan Loyd McCrory McKoy

TuESDAY, APRIL 6, 1926.

355

Maddox Martin Matthews Milner New Parker Paschal Peek Perkins Peterson of
gomery

Mont-

Pilcher Pickering Rainey Rice Ricketson Rivers Roberts Smith of Madison Spence Stanford Stark

Steed Stovall
Swint Talmadge Traylor
West Wheeler Whelchel Wilhoit Wilson

Negative--
Alexander
Baker
Bandy Barnard Barrett Beck Blease Bloodworth Burch Camp of Clayton Collins Culpepper Davis of Thomas Dekle Dorris of Crisp Dorsey DuBose Duncan Dykes Erwin Ficklen Folks Grice Griner Gullatt Hamby Hamilton Hatcher Head Henderson of Carroll Hendel'SOn of Irwin

Hines
Hooper
Hopkins Howard of Chatta-
hoochee Hulme Humphrey Hyman Jackson James Johnson of Bacon Johnson of Camden Jones of Cook Jones of Meriwether Kent King Lawson Lawton Layton Lewis of Gordon Lindsay Lyons McCluney McClure McElmurray McElvey McWhorter Mallard Malone Mann Miller

Milton
Murrah
Napier Norman Oliver Owen Palmour Parrish Pate Peacock Peterson of Tift Phillips Quarterman Rampley Riley Roeser RUBBell Smith of Grady Smith of Meriwether Smith of Talbot Stone of Union Stone of Walton Strickland of Brantley Strickland of Pierce Taylor Thomas Trippe Trotter Tucker Turner Vaughn

356

JouRNAL OF THE HousE,

Warren Webb Weekes

Whitchard White Wilkin

\Villiams of Harris Williams of Walton Zellars

Ayes 67, Nays 101.

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

On the motion to table the ayes were 67, nays 101.

The motion to table was lost.

Privileges of the floor were granted to Rev. H. C. Brewton, Hon. J. 0. Mattin of Wayne County, Messrs Inman Currie, Jos. B. Cummings, Rodney Cohen, James Hyman, and H. W. Shaw of Richmond County, and Hon. D. W. Ledford of Walker County.

Mr. Harris of Jefferson moved that the House do now adjourn.

On the motion to adjourn the ayes were 92, nays 84.

The motion prevailed and House Bill No. 5. went over as unfinished business with the motion for the previous question by Mr. Gullatt of Campbell, pending.

Leave of absence was granted to Mr. Kelley of Gwinnett.
The Speaker announced the House adjourned until 3:00 o'clock this afternoon.

TuESDAY, APRIL 6, 1926.

357

TuESDAY, APRIL 6, 1926,
3:00 o'clock, P. M.
The House met again at this hour and was called to order by the Speaker.
By unapimous consent the call of the roll was dispensed with.
By unanimous consent the following bill of the House was withdrawn fron the Committee on General Judiciary No. 2 and referred to the Committee on Public Printing:
By Mr. McWhorter of OglethorpeHouse Bill No. 80. A Bill to amend the Code relative to
the granting of Charters to Corporations by Superior Courts.
Mr. Lawton of Chatham moved that the House concur in the Senate substitute to the following bill of the House and the motion prevailed:
By Mr. Lawton of Chatham, and othersHouse Bill No. 54. A Bill to amend the several Acts
relating to and incorporating the Mayor and Aldermen of the City of Savannah, Georgia.
The following substitute of the Senate was agreed to:
A Bill to be entitled an Act to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, so as to provide that the said Mayor and Aldermen may close and convey that portion of President Street, in said City, between Bull and Whitaker Streets, and for other purposes.

358

JouRNAL oF THE HousE,

Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same that the Mayor and Aldermen of the City of Savannah, are hereby authorized and empowered to close and abandon, as a street, .and highway, that portion of President Street, in the said City, betwween Bull and Whitaker Streets, lying between the present Post Office Building and Lot "E", Percival Ward; and upon such terms as the Mayor and Aldermen may seem reasonable for the purpose of conveying the same to the United States Government in fee simple. Provided, however, that the United
States Government has acquired the title to Lot Letter "E,"
Percival Ward, above described, and provided, further, however, that any action be taken by the authority of this shall require an affirmative vote of two-thirds of the Mayor and Aldermen

Section 2. Be it further enacted by the authority aforesaid, that all laws, or parts of laws, inconflict with this Act, be, and the same are hereby repealed.

Mr. Griner of Ben Hill County, Chairman of the Committee on Corporations, submitted the following report:

Mr. Speaker:
Your Committee on Corporations has had under consideration the following Bill of the Senate and has instructed me as chairman, to report the same back to the House with the recommendation that the same do pass.

Senate Bill No.5. To amend the Charter of the City of Millen, Jenkins County, Georgia, do pass.

Respectfully submitted,

GRINER of Ben Hill, Chairman.

TuESDAY, APRIL 6, 1926.

359

Mr. Hyman of Washington County, Chairman of the Committee on General Judiciary No. 2, submitted the following report:

Mr. Speaker:
Your Committee on General Judiciary No. 2 has had under consideration the following Bill of the House and has instructed me as chairman, to report the same back to the House with the recommendation that the same do pass by substitute:

By Mr. Bower of DecaturHouse Bill No. 58, relative to ownership of land by
foreign corporations.
Respectfully submitted,
HYMAN of Washington, Chairman.

Mr. S. Morton Turner of Brooks County, Chairman of the Committee on Public Highways, submitted the following report:
Mr. Speaker:
Your Committee on Public Highways has had under consideration the following Bills of the House and has instructed me as chairman, to report the same back to the House with the recommendation as follows:
House Bill No. 20. By Messrs Daniel of Troup and Doyal of Floyd, to classify State Highway System and provide method for paving and maintaining same and for other purposes, do pass, by committee substitute.

360

JouRNAL OF THE HousE,

House Bill Ko. 26. By Messrs Martin and Daniel of Troup, to classify State Highways and provide method for paving and maintaining same, and for other purposes, do not pass.

Respectfully submitted,
s. MORTON TURNER,
Chairman.

Mr. Barrett of Stephens County, Chairman of the Committee on Appropriations, submitted the following report:

Mr. Speaker:
Your Committee on Appropriations has had under consideration the following resolution of the House and has instructed me as chairman, to report the same back to the House with the recommendation that the same do pass:

House Resolution No. 30-68c. To meet deficiency in the General Printing Fund for the year 1926 and to make the same immediately available, do pass.

Respectfully submitted,

BARRETT of Stephens, Chairman.

By unanimous consent the following Bills and Resolutions of the House and Senate were favorably reported and read the second time:

By Mr. Doyal of Floyd-
House Bill No. 20. A Bill to create a State Highway Fund, classify all State Aid Highways, to provide a plan for the improvement of the same.

TUESDAY, APRIL 6, 1926.

361

By Mr. Bower of Decatur-
House Bill No. 58. A Bill to repeal the Code of 1910 relative to the ownership of land in the State of Georgia.

By Mr. Barrett of Stephens-
House Resolution No. 30. A Resolution to meet deficiency in the General Printing Fund for the year 1926 and to make the same immediately available.

By l\Ir. Dixon of the 17th-
Senate Bill No. 5. A Bill to amend the Charter of the City of Millen in Jenkins County.

Under the orders of the day the following bills of the House were taken up for consideration and read the third time:

By Messrs. Jones of Meriwether and Harris of Jefferson-
House Bill No. 62. A Bill to levy a tax on dealers of cigars and cigarettes, and for other purposes.

:\fr. Stovall of Elbert moved the previous question; the motion prevailed and the main question was ordered.

The following substitute was read and adopted:
A Bill to be entitled an Act to amend an Act approved December 19, 1923, amendatory of an Act approved August 15, 1923, providing for an occupation tax on dealers in cigars and cigarettes, by amending the caption of said Act of December 19, 1923, by striking therefrom the words ''so as to provide that the expenses of carrying out the provisions of said Act shall be defrayed out of the funds collected thereunder, and for other purposes," and substituting in lieu thereof the following: "so as to provide for the collection of said tax by the Commissioner of Revenue of the State of Georgia, to require the use of stamps as evidence of the

362

JouRNAL OF THE HousE,

payment thereof, and to prescribe the method of using same, and for other purposes;" by striking from said Act of December 19, 1923, all of sections one, two, and three, and substituting in lieu thereof the following;

11Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Act approved August 15, 1923, entitled 1An Act to levy a tax upon dealers in cigarettes and cigars; to provide for the collection of such tax; to require the use of stamps as evidence of the payment thereof; to prescribe penalties for the violation of this Act and the counterfeiting of such stamps; to provide rules of evidence for the trial of persons charged with the violation of this Act; to appropriate the funds raised by such tax for the puropse of building and equiping new buildings for the State Tuberculosis Sanitarium at Alto, and for the purpose of paying pensions now due and to become due under the Acts of August 5, 1919, August 18, 1919, and August 19, 1919. and for other purposes' be and the same is hereby amended by striking all of paragraph (b) of Section 1, and inserting in lieu thereof the following:

1 (b) Each dealer shall pay said tax to the Commissioner of Revenue of the State of Georgia, who shall thereupon furnish to such dealer stamps of such design and denominations as may be prescribed by said Commissioner of Revenue and it shall be the duty of each dealer to affix to each package of cigarettes and each box, package, or other container of cigars, a stamp or stamps, furnis}:led by said Commissioner of Revenue, evidencing the payment of the tax imposed by this Act, and to cancel such stamps before said cigarettes or cigars are offered for sale,' and for other purposes.

Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the caption of An Act approved December ,19

TuEsDAY, APRIL 6, 1926.

363

1923, amendatory of an Act approved August 15,1923, providing for an occupation tax on dealers in cigars and cigarettes, be and the same is hereby amended by striking from said caption the words, "so as to provide that the expenses of carrying out the provisions of said Act shall be defrayed out of the funds collected thereunder, and for other purposes," and substituting in lieu thereof the following: "so as to provide for the collection of said tax by the Commissioner of Revenue of the State of Georgia, to require the use of stamps as evidence of the payment thereof, and to prescribe the method of using same, and for other purposes."

Section 2. Be it further enacted that the Act approved December 19, 1923, amendatory of an Act approved August 15, 1923, providing for an occupation tax on dealers in cigars and cigarettes, be and the same is hereby amended by striking all of sections one, two and three of said Act of December 19, 1923, and substituting in lieu thereof the following:

"Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Act approved August 15, 1923, entitled 'An Act to levy a tax upon dealers in cigarettes and cigars; to provide for the collection of such tax; to require the use of stamps as evidence of the payment thereof; to prescribe penalties for the violation of this Act and the counterfeiting of such stamps; to provide rules of evidence for the trial of persons charged with the violation of this Act; to appropriate the funds raised by such tax for the purpose of building and equiping new buildings for the State Tuberculosis Sanitorium at Alto, and for the purpose of paying pensions now due and to become due under the Acts of August 5, 1919, August 18, 1919, and August 19, 1919, and for other purposes,' be and the same is hereby amended by striking all of paragraph (b) of Section one, and inserting in lieu thereof the following:

364

JouRNAL OF THE HousE,

"(b) Each dealer shall pay said tax to the Commissioner of Revenue of the State of Georgia, who shall furnish to such dealer stamps of such design and denominations as may be prescribed by said Commissioner of Revenue, and it shall be the duty of each dealer to affix to each package of cigarettes and each box, package, or other container of cigars a stamp, or stamps, furnished by said Commissioner of Revenue, evidencing the payment of the tax imposed by this Act, and to cancel such stamps before said cigarettes or cigars are offered for sale."

Section 3. Be it further enacted, that all laws or parts of laws in conflict with this Act be and the same are hereby repealed.

The report of the Committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill by substitute the ayes were 105 nays 17.
The bill having received the requisite Constitutional majority was passed by substitute.

By unanimous consent the bill was ordered to be immediately transmitted to the Senate.

By Messrs Hines and Riley of Sumter-
House Bill No. 23. A Bill to establish as a branch of the University of Georgia, a Normal School or Teachers College to be located at Americus, Georgia, and for other purposes.
Mr. Rivers of Lanier moved the previous question.

Mr. Zellars of Hart moved that the House do now adjourn and the motion was lost.

TuESDAY, APRIL 6, 1926.

365

The following minority report was submitted and read:

We, the undersigned members of the Committee on the University of Georgia and Its Branches beg leave to submit the following minority report:

We recommend that House Bill No. 23 do not pass.

Signed-
McCLURE of Walker, MARTIN of Troup, WHELCHEL of Colquitt, THOMAS of \Vayne, and others.

The report of the Committee which was favorablelto the passage of the bill was agreed to.

On the passage of the bill the ayes were 124, nays 11.

The bill having received the requisite constitutional majority was passed.

The following Resolution was read:

By Mr. Steed of Taylor-
House Resolution No. 39. A Resolution to provide for one daily session of the House only.

Mr. Dykes of Dooly moved to table the Resolution.

Mr. Humphrey of Emanuel moved that the House do now adjourn and the motion prevailed.

The Speaker announced the House adjourned until tomorrow morning at 9 :00 o'.clock.

366

JouRNAL OF THE HousE,

TwENTIETH DAY

REPRESENTATIVE HALL, ATLANTA, GA.,
WEDNESDAY, APRIL 7, 1926.

The House met pursuant to adjournment this day at 9:00 o'clock, A. M., was called to order by the Speaker and opened with prayer by the Chaplain.

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

Adams
Alexander Anderson Andrews Baker Bandy Barnard Barnett Barrett Beck Blease Bloodworth Boswell Bower Brown Burch Burgin Camp of Clayton Camp of Cobb Camp of Coweta Chappell Childs Clark Collins

Cooper
Culpepper Daniel Davidson Davis of DeKalb Davis of Floya Davis of Thomas Dekle Denmark Dorris of Crisp Dorris of Douglas Dorsey Doyal Duncan Dykes England Erwin Evans Fielden Flanders Fletcher Folks Gillen Greer

Grice
Griffeth Griffin of Decatur Griffin of Twiggs Griner Grovenstein Guillebeau Gullatt Hall Hamby Hamilton Hancock Harris Hatcher Haywood Head Henderson of Carroll Henderson of Irwin Hillhouse Hines Hooper Hopkins Howard of Chatta-
hoochee

WEDNESDAY, APRIL 7, 1926.

367

Howard of Long
Hulme
Humphrey
Hyman Jackson Johnson of Bacon Johnson of Camden Jones of Cook Jones of Meriwether Kelley Kempton Kent Ketcham King Lanier Lankford Lawson Lawton Layton Lee of Clinch Lee of Screven Lewis of Colquitt Lewis of Gordon Lewis of Hancock Lindsay Logan Loyd Lumpkin Lyons McCluney McClure McCrory McElmurray McElvey McKoy McWhorter Maddox Mallard Malone Mann Martin

Miller
Milner
Milton
Montgomery Murrah Napier New Newton Norman Oliver Owen Palmour Parker PluTish Paschal Passmore Pate Peacock Peek Perkins Peterson of Mont-
gomery Peterson of Tift Phillips Pilcher Quarterman Rainey Rampley Rice Ricketson Riley Rivers Roberts Rosser Rountree Russell Short Smith of Grady Smith of Madison Smith of Meriwether Smith of Talbot

Spence
Stanford
Stanley
Stark
Steed
Stone of l;nion
Stone of Walton
Stovall Strickland of Brantley Strickland of Pierce Swint Talmadge Taylor Thomas Tippins Traylor Trippe Trotter Tucker Turner Tyson Vaughn Warren Weaver Webb Weekes West Westbrook Wheeler Whelchel Whitchard White Wilhoit Williams of Harris Williams of Walton Wilson Winship Wood Zellars Mr. Speaker

Mr. Wilhoit of Warren, Chairman of the Committee on Journals, reported that the Journal had been read and found correct.

368

JouRNAL OF THE HousE,

By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
The Journal was confirmed.
By unanimous consent the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of new matter under the Rules.
2. Reports of Standing Committees.
3. Reading of House and Senate Bills and Resolutions, favorably reported, the second time.
4. Passage of uncontested local House and Senate Bills and Resolutions and general House and Senate Bills and Resolutions having a local application.
5. First reading of Senate Bills and Resolutions.
The following message was received from the Senate through Mr. McClatchey, the Secretary thereof:
Mr. Speaker: The Senate has passed by the requisite constitutional
majority the following Resolution of the House, to-wit:
By Mr. Griffin of DecaturHouse Resolution No. 29. A Resolution to accept in
the name of Georgia [, stone to be profferred by the Eightysecond Division, and to transport it to Cornay, France.
Mr. Clark of Laurens County, Chairman of the Committee on Municipal Government, submitted the following report:

WEDNESDAY, APRIL 7, 1926.

369

Mr. Speaker:
Your Committee on Municipal Government has had under consideration the following House Bills and has instructed me as chairman, to report the same back to the
. House with the recommendation that the same do pass:

House Bill No. 77. An Act to amend an Act establishing a new charter for town of Acworth so as to provide for paving in said city, do pass.

House Bill No. 79, do pass. Respectfully submitted, CLARK of Laurens, Chairman.

By unanimous consent the following Bills of the House were favorably reported and read the second time:
By Messrs. Head and Camp of CobbHouse Bill No. 77. A Bill to amend an Act establishing
a new charter for the Town of Acworth.
By Messrs. Lawton, Denmark and Alexander of ChathamHouse Bill No. 79. A Bill to amend, revise and consoli-
date the Acts relating to and incorporating the Town of 'Varsaw in Chatham County.
Mr. Ficklen of Wilkes arose to a question of personal privilege and addressed the House.
Under the order of unfinished business the following bill of the House was again taken up for consideration:

370

JouRNAL OF THE HousE,

By Harris of Jefferson-
House Bill No. 5. A Bill to levy an additional tax on distributors of motor fuels for the upkeep and maintenance of State Aid Roads.

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

The bill was lost.

Mr. Harris of Jefferson gave notice that at the proper time he would move to reconsider the action of the House in defeating House Bill No. 5.

Under the order of unfinished business the following resolution was again taken up for consideration, with the motion to table the resolution, by Mr. Dykes of Dooly, pending:

By Mr. Steed of TaylorHouse Resolution No. 39. A Resolution providing for one
session of the House each day during the remainder of the Extraordinary sessions.
The motion to table the resolution was lost.
Mr. Dorris of Crisp moved the previous question; the motion prevailed and the main question was ordered.
On the adoption of the Resolution Mr. Tucker of Berrien moved the Ayes and Nays and the call was not sustained.
The resolution was adopted.
Under the orders of the day the following Bills of the Senate were taken up for consideration and read the third time:

WEDNESDAY, APRIL 7, 1926.

371

By Mr. Sapp of the 43rd-
Senate Bill No. 10. A Bill to provide for the domestication of foreign corporations, and for other purposes.

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

On the passage of the bill the Ayes were 116, Nays 3.

The bill having received the requisite consititutional majority was passed.

By unanimous consent the bill was ordered to be immediately transmitted to the Senate.
By Messrs. Mann of Glynn and Lawton of Chatham-
House Bill No. 9. A Bill to amend the Constitution relative to the issuance of $70,000,000.00 bonds for State Roads.
By unanimous consent 300 copies of House Bill No. 9 and all Substitutes and Amendments thereto were ordered to be printed for the use of the House and Senate.
Mr. Wilhoit of Warren, moved the previous question on the bill and all substitutes and amendments thereto, and the motion was lost.
Privileges of the floor were granted to Hon. C. D. Jordan, Hon. J. Glenn Giles of Cobb County, and Col. R. C. Ellis of Tift County.
Mr. Dykes of Dooly moved that the House do now adjourn and the motion prevailed.
Leave of absence was granted to Mr. Davison of Peach and Mr. Grant of Morgan.
The speaker announced the House adjourned until tomorrow morning at 9:00 o'clcok.

372

JouRl\'AL oF THE HousE,

TWENTY-FIRST DAY

REPRESENTATIVE HALL, ATLANTA, GA.,
THURSDAY, APRIL 8, 1926.

The House met pursuant to adjournment this day at 9:00 o'clock A. M., was called to order by the Speaker and opened with prayer by the Chaplain.

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

Adams
Alexander
Anderson Andrews Baker Bandy Barnard Barnett Barrett Beck Blease Bloodworth Boswell Bower Brown Brunson Burch Burgin Camp of Clayton Camp of Cobb Camp of Coweta Chappell Childs Clark Collins

Cooper
Culpepper Daniel Davis of DeKalb Davis of Floyd Davis of Thomas Dekle Denmark Dorris of Douglas Dorris of Crisp Dorsey Doyal DuBose Duncan Dykes England Erwin Evans Ficklen Flanders Fletcher Flynt Folks Gillen Greer

Grice
Griffeth Griffin of Decatur Griffin of Twiggs Griffin of Wilkes Griner Grovenstein Guillebeau Gullatt Hall Hamby Hamilton Hancock Harris Hatcher Haywood Head Henderson of Carroll Henderson of Irwin Hillhouse Hines Hooper Hopkins
Howard of Chat ta hoochee

THURSDAY, APRIL 8, 1926.

373

Howard of Long
Hulme
Humphrey
Hyman
Jackson
James
Johnson of Bacon
Johnson of Camden
Jones of Cook
Jones of Meriwether
Kelley
Kempton
Kent
Ketcham King Lanier Lankford Lawson Lawton Layton Lee of Clinch Lee of Screven Lewis of Colquitt Lewis of Gordon Lewis of Hancock Lindsay Logan Loyd Lumpkin Lyons McCluney McClure McCrory McElmurray McElvey McKoy McWhorter Maddox Mallard Malone Mann Martin Matthews

Miller
Milner
Milton
Montgomel'y
Murrah
Napier
~ew
Newton
Norman
Oliver
Owen
Palmour
Parker
Parrish Paschal Pate Peacock Peek Perkins Peterson of Mont-
gomery Peterson of Tift Phillips Pilcher Pickering Quarterman Rainey Rampley Rawls Rice Ricketson Riley Rivers Roberts Rosser Rountree Russell Short Smith of Grady Smith of Madison Smith of Meriwether Smith of Talbot Stanford

Stanley Stark Steed Stone of Union Stone of Walton Stovall Strickland of Brantley Strickland of Pierce Swint Talmadge Taylor Thomas Tippins Traylor Trippe Trotter Tucker Turner Tyson Vaughn Warren \Veaver Webb Weekes West Westbrook Wheeler Whelchel Whit chard White Wilhoit Wilkin Williams of Harris Williams of Walton Wilson Winship Wood Zellars Mr. Speaker

374

JouRNAL OF THE HousE,

The following message was received from the Senate through Mr. McClatchey, the Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the House and Senate, towit:

By Messrs. Griffin of Decatur, Hooper of Fulton, and others-
House Bill No. 21. A Bill to amend an Act creating a Service Bureau for purpose of assisting ex-service men.

By. Mr. Ennis of the 20th District-
Senate Bill No. 18. A Bill to amend an Act to pave and improve the streets of Milledgeville, Ga., and for other purposes.

The following message was received from the Senate through Mr. McClatchey, the Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the House, to-wit:

By Mr. Lankford of Toombs-
House Bill No. 66. A Bill to amend an Act providing for the voting of bonds in the City of Vidalia.

By Messrs. Palmour and Newton of Hall-
House Bill No. 69. A Bill to amend the charter of the City of Gainesville, Ga., and for other purposes.

By Mr. Tucker of Berrien-
House Bill No. 73. A Bill to amend the charter of Nashville, so as to provide for paving, and for other purposes.

THURSDAY, APRIL 8, 1926.

375

Mr. Wilhoit of Warren, Chairman of the Committee on Journals, reported that the Journal had been read and found correct.

By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.

The Journal was confirmed.

By unanimous consent the following was established as the order of business during the the first part of the period of unanimous consents:

1. Introduction of new matter under the Rules. 2. Reports of Standing Committees.

3. Reading of House and Senate Bills and Resolutions, favorably reported, the second time.

4. Passage of unconhsted local House and Senate Bills and Resolutions and ge teral House and Senate Bills and Resolutions having a lo 1l application.

5. First reading of S mate Bills and Resolutions.
Mr. Lindsay of DeK tlb arose to a question of personal privilege and addressed the House.
The following resolution was read and adopted:
By Mr. Evans of ScrevenHouse Resolution No. 42. A Resolution extending
sympathy to Hon. B. G. Tippins of Evans County, on account of the death of his brother.

376

JouRNAL oF THE HousE,

By unanimous consent the following Bills and Resolutions of the House and Senate were introduced, read the first time and referred to their committees:

By Mr. Ennis of the 20th-
Senate Bill No. 18. A Bill to amend an Act for the purpose of paving and improving the streets of Milledgeville, Ga.

Referred to Committee on Municipal Government.

By Mr. Paschal of Heard-
House Resolution No. 40. A Resolution to pay Mrs Julia Boyd Houston a Pension.

Referred to Committee on Pensions.
Mr. Roy V. Harris of Jefferson County, Chairman of the Committee on Ways and Means, submitted the following report:

Mr. Speaker: Your Committee on Ways and Means has had under
consideration the following Bills, House Bill No. 81 and 61, and has instructed me as chairman, to report the same back to the House with the recommendation that the same do not pass:
House Bill No. 81, do not pass.
House Bill Ko. 61, do not pass.
RoY V. HARRIS of Jefferson, Chairman.

THURSDAY, APRIL 8, 1926.

377

Mr. Culpepper of Fayette County, Chairman of the Committee on General Judiciary No. 1, submitted the following report:

Mr. Speaker:
Your Committee on General Judiciary No. 1 has had under consideration the following Bills of the House and Senate and has instructed me as chairman, to report the same back to the House with the recommendation as follows:
Senate Bill No. 12, do pass by substitute and that House Bill No. 55 do not pass.

Respectfully submitted,

CuLPEPPER,
Chairman. (By Secty.)
By unanimous consent the following Bills of the House were read the third time and placed on their passage:
By Messrs. Head and Camp of CobbHouse Bill No. 77. A Bill to amend the Charter of the
Town of Acworth.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 115, Nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Lawton, Denmark and Alexander of ChathamHouse Bill No. 79. A Bill to amend the Charter of the
Town of Warsaw.

378

JouRNAL OF THE HousE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 116, Nays 0.
The bill having received the requisite constitutional majority was passed.
Under the order of unfinished business the following bill of the House was again taken up for consideration:
By Messrs. Mann of Glynn and Lawton of Chatham-
House Bill No. 9. A Bill to amend the Constitution relative to the issuance of $70,000,000.00 bonds for roads.
Mr. Dorris of Crisp moved the previous question on the bill and all amendments and substitutes thereto; the motion prevailed and the main question was ordered.
The following minority report was submitted and read:
Mr. Speaker:
We, the undersigned members of the House Committee on Amendments to the Constitution, believing that the State of Georgia should adhere to its policy of not increasing the public debt except for the purpose designated in the Constitution of 1877, and believing that the "pay as you go" policy is far superior to the ''debt" plan and should be strictly adhered to, submit herewith a minority report on House Bill No. 9 known as the $70,000,000 bond bill for paving State Aid roads and recommend that the same do not pass.
KELLY of Gwinnett, J.P. WILHOIT of Warren, MILNER of_ Dodge, FLYNT of Spalding, STANFORD of Lowndes, RIVERS of Lanier, A. S. STovALL of Elbert, S. PARKER New of Laurens.

THURSDAy' APRIL 8, 1926.

379

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

The bill involving an amendment to the Constitution the roll call was ordered and the vote was as follows:

Affirmative-
Alexander
Andrews
Baker Bandy Barnard Barrett Blease Bloodworth Burch Collins Cooper Culpepper Davis of Thomas Dekle Denmark Dorris of Crisp Dorsey DuBose Duncan Dykes Erwin Fielden Greer Griffeth Griner Gullatt Hall Hamby Hamilton Hatcher Hes.d

Henderson of Irwin
Hines
Hooper Hopkins Howard of Chatta-
hoochee Hulme Humphrey Jackson James Johnson of Bacon Johnson of Camden Jones of Cook Jones of Meriwether Kent Lawson Lawton Layton Lewis of Gordon Lindsay Lumpkin Lyons McElmurray McWhorter Mallard Malone Mann Miller Milton Murrah Napier

Oliver
Palmour
Parrish
Pate
Peacock
Peterson of Tift
Phillips
Quarterman Rampley Rawls Riley Rountree Smith of Grady Smith of Talbot Stanley Stone of Union Strickland of Brantley Strickland of Pierce Thomas Turner Webb Weekes Westbrook Whitchard White Williams of Harris Williams of Walton Winship . Zellars Mr. Speaker

Negative-
Adams Anderson

Barnett Beck

Boswell Bower

380

JouRNAL oF THE HousE,

Brown
Brunson
Camp of Clayton
Camp of Cobb
Camp of Coweta Chappell
Childs Clark Daniel Davis of DeKalb Davis of Floyd Dorris of Douglas Doyal England Evans Flanders Fletcher Flynt Folks Gillen Grice Griffin of Decatur Griffin of Twiggs Grovenstein Guillebeau Hancock Harris Haywood Henderson of Carroll Hillhouse Howard of Long Hyman Kelley

Kempton Ketcham King Lanier Lankford Lee of Clinch Lee of Screven Lewis of Colquitt Lewis of Hancock Logan Loyd McCluney McClure McCrory McElvey McKoy Maddox Martin Matthews Milner Montgomery New Newton Norman Owen Parker Paschal Peek Perkins Peterson of i\Iont-
gomery Pilcher Pickering Rainey

Rice
Ricketson
Rivers
Roberts
Rosser
Russell
Short
Smith of Madison
Stanford
Stark
Steed Stone of Walton Stovall Swint Talmadge Taylor Tippins Traylor Trippe Trotter Tucker Tyson Vaughn Warren \Yeaver West Wheeler Whelchel Wilhoit Wilkin Wilson Wood

By unanimous consent Rule 2 was suspended so as to allow the Speaker to vote.

The roll call was verified.

On the passage of the bill, as amended, the .Ayes were 91, Nays 104.

The bill having failed to receive the requisite two-thirds constitutional majority was lost.

THURSDAY, APRIL 8, 1926.

381

The following Resolution was read:
By Mr. Dykes of DoolyHouse Resolution No. 42-81A. A Resolution that the
General Assembly adjourn sine die at 1:00 o'clock, P. M. on Wednesday, April 14, 1926.
The following substitute was read:
By Messrs. Whelchel and Lewis of Colquitt and Wilhoit of WarrenA Resolution that the General Assembly adjourn sine
die at noon, Friday, April 9, 1926.
Privileges of the floor were granted to Mr. C. L. Reynolds of Donaldsonville, Georgia, Hon, W. 0. Mann and Hon. C. K. Gailey of Rockdale County, Hon. G. F. Kelley of Hall County, Hon. C. W. Foy of Butler, Georgia, and Hon. C. D. Rountree of Johnson County.
Mr. Dykes of Dooly moved that the House do now adJOUrn.
Mr. Wilhoit of Warren moved the Ayes and Nays on the motion to adjourn and the call was not sustained.
The motion to adjourn prevailed.
Leave of absence was granted to Mr. Lyons of Butts, Mr. Matthews of Haralson, and Mr. Grant of Morgan.
The Speaker announced the House adjourned until tomorrow morning at 9:00 o'clock.

382

JouRNAL oF THE HousE,

TwENTY-SEcOND DAY

REPRESENTATIVE HALL, ATLANTA, GA.,
FRIDAY, APRIL 9, 1926.

The House met pursuant to adjournment this day at 9:00 o'clock, A. M., was called to order by the Speaker and opened with prayer by the Chaplain.

On motion the call of the roll was dispensed with.

Mr. Wilhoit of Warren, Chairman of the Committee on Journals, reported that the Journal had been read and found correct.

By unanimous consent the reading of the Journal of yesterdays proceedings was dispensed with.

The Journal was confirmed.

By unanimous consent the following was established as the order of business during the first part of the period of unanimous consents:

1. Introduction of new matter under the Rules.

2. Reports of Standing Committees.

3. Reading of House and Senate Bills and Resolutions,

favorably reported, the second time.



4. Passage of uncontested local House and Senate Bills

FRIDAY, APRIL 9, 1926.

383

and Resolutions and general House and Senate Bills and Resolutions having a local application.

5. First reading of Senate Bills.

By unanimous consent the following Bills and Resolutions of the House and Senate were introduced, read the first time and referred to Committees:

By Mr. Davis of Floyd-
House Bill No. 82. A Bill to regulate and fix the speed and maximum load that may travel over or be transported over the highways of this State, and for other purposes.

Referred to the Committee on Public Highways.

By Mr. Martin of Troup-
House Resolution No. 45-82. A Resolution instructing the State Highway Commission to discharge the Chief Engineer of the State Highway Department, W. R. Neal.
Referred to the Committee on Public Highways.

The following message was received from the Senate through Mr. McClatchey, the Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bill and Resolution of the House, to-wit:
By Messrs. Jones of Meriwether and Harris of Jefferso~-
House Bill No. 62. A Bill to amend an Act, approved December 19, 1923, amendatory of an Act, approved August 15, 1923, providing for an occupation tax on dealers in cigars and cigarettes, and for other purposes.

384

JouRNAL OF THE HousE

By Mr. Mallard of Charlton-
House Resolution No. 44. A Resolution, providing for the President of the Senate and Secretary of Senate, Speaker of House and Clerk of House and their Secretaries to remain at the Capitol for five days after the session for the purpose of affixing their official signatures, etc.

The following message was received from the Senate through Mr. McClatchey, the Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bill and Resolution of the House, to-wit:

By Mr. Barrett of Stephens-
House Bill No. 65-b. A Bill to make appropriations
for the expenses of the Extraordinary Sessions of 1926.

By Mr. Lewis of Hancock-
House Resolution No. 24. A Resolution, reliving R. R. Tucker, as principal, and R. C. Tucker and others as sureties on a bond.
Mr. Anderson of Chattooga County, Chairman of the Committee on Pensions, submitted the following report:
Mr. Speaker:
Your Committee on Pensions has had under consideration the following House Resolution No. 40-81A of the House and has instructed me as chairman, to report the same back to the House with the recommendation that the same do pass.
Respectfully submitted,

T. J. ANDERSON, Chairman.

FRIDAY, APRIL 9, 1926.

385

By unanimous consent the following resolution of the House was favorably-reported and read the second time:

By Mr. Paschal of Heard-
House Resolution No. 40-SIA. A Resolution to pay a pension to Mrs. Julia Boyd Houston.

The following Bill of the House was taken up for consideration for the purpose of considering the Senate Amendment thereto:

By Messrs. Griffiin of Decatur, Hooper of Fulton and others-
House Bill No. 21. A Bill to amend an Act creating a Service Bureau, and for other purposes.

The following Senate amendment was read:

Amend Section 2 by striking all of words after the word "thereafter" in eighth line and adding in lieu thereof the following:

"The term of office of the Assistant Director shall continue for a period of 2 years only at the end of which time said office of Assistant Director is then abolished, except the Assistant Director may be sooner discharged by the Director if in his opinion an Assistant is no longer needed or the Assistant is incompetent, but in no event shall the office of Assistant Director be continued for a longer period than 2 years."
Mr. Miller of Muscogee moved that the House agree to the Senate Amendment.

Mr. Davis of DeKalb moved to table the bill and amendment thereto.

386

JouRNAL OF THE HousE

Mr. Whelchel of Colquitt moved the previous question on the Senate Amendment.

Mr. Davis of DeKalb moved the Ayes and Nays on the motion to table and the call was not sustained.

The motion to table the bill and amendment was lost.

The motion for the previous question prevailed, and the main question was ordered.

Mr. Davis of DeKalb moved the Ayes and Nays on the motion to agree to the Senate Amendment and the call was not sustained.

The Senate Amendment was agreed to.

The following Resolution of the House was taken up for consideration and read:

By Messrs. Dykes of Dooly, Harris of Jefferson and Neill of M uscogee--
House Resolution No. 42-81A. A Resolution providing for sine die adjournment of the General Assembly at 1:00 o'Clock, P. M., Wednesday, April 14, 1926.

The following amendment was read and adopted:
By Mr. Doyal of Floyd-
Amend House Resolution No. 42-81a by striking therefrom the words, "Wednesday, April 14," and inserting in lieu thereof, "Thursday, April 15."

On the adoption of the resolution as amended, Mr. Martin of Troup moved the Ayes and Nays and the call was sustained.

FRIDAY, APRIL 9, 1926.

387

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

Affirmative---
Adams
Alexander
Andrews
Baker
Bandy Barnard Barrett Beck Blease Bloodworth Boswell Bower Brunson Burch Camp of Clayton Camp of Cobb Camp of Coweta Chappell Childs Clark Collins Cooper Culpepper Davis of Floyd Denmark Dorris of Crisp Dorsey Doyal DuBose Dykes England Erwin Gillen Grant Griffeth Griffin of Decatur Griffin of Twiggs Griner Grovenstein

Guillebeau
Gullatt
Hall
Hamby
Hamilton
Harris
Hatcher
Head
Henderson of Irwin
Hines Hooper Howard of Chatta-
hoochee Humphrey Hyman Jackson James Johnson of Bacon Johnson of Camden Jones of Meriwether Kent Ketcham Lanier Lawson Lawton Layton Lee of Clinch Lewis of Gordon Lindsay Logan Lumpkin McCluney McElmurray McWhorter Mallard Malone Miller Milton

Murrah
Napier
Palmour
Parrish
Paschal
Passmore
Pate
Phillips
Pilcher Quarterman Rampley Rawls Rice Riley Rivers Smith of Grady Smith of Meriwether Smith of Talbot Stanley Stark Stone of Union Stone of Walton Taylor Traylor Trippe Trotter Tucker Turner Tyson Vaughn Warren Weaver Webb Weekes Wheeler Williams of Harris Wilson Zellars

388

JouRNAL OF THE HousE

Negative---
Anderson
Barnett
Brown
Burgin
Daniel Davis of DeKalb Davis of Thomas Dekle Dorris of Douglas Evans Ficklen Flanders Fletcher Flynt Folks Greer Grice Griffin of Wilkes Hancock Haywood Henderson of Carroll Hillhouse

Hopkins Howard of Long Hulme Jones of Cook Kelley King Lee of Screven Lewis of Colquitt Lewis of Hancock Loyd McClure l\lcCrory McElvey McKoy Maddox l\Iartin Milner Montgomery New Newton Oliver Parker Peacock

Peek Perkins Peterson of Mont-
gomery Rainey Ricketson Roberts Rosser Russell Short Stanford Stovall Strickland of Brantley Strickland of Pierce Swint Talmadge Thomas Tippins West Westbrook Whelchel Whit chard Wilhoit

The roll call was verified.

On the adoption of the resolution as amended the Ayes were 114, Nays 66.

The resolution was adopted as amended.

The following resolution was taken up for consideration and read:

By Mr. Wilhoit of Warren-
House Resolution No. 46-82c. A Resolution providing for immediate adjournment of the General Assembly.
Mr. Martin of Troup moved the previous question on the adoption of the resolution.

FRIDAY, APRIL 9, 1926.

389

Mr. Lindsay of DeKalb moved to table the resolution.

Mr. New of Laurens moved the Ayes and Nays on the motion to table.

By unanimous consent the motion to table the resolution was withdrawn.

The motion for the previous question prevailed and the main question was ordered.

Mr. Whelchel of Colquitt moved the Ayes and Nays on the adoption of the resolution and the call was sustained.

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

Affirmative--
Anderson
Barnett
Beck
Brown Burgin Chappell Clark Daniel Davis of DeKalh Davis of Thomas Dekle Dorris of Douglas Evans Flanders Fletcher Flynt Folks Greer Grice Griffin of Wilkes Gullatt Hall
H~~opcock
Haywood Henderson of Carroll Hillhouse

Hopkins
Howard of Long
Hulme
Jones of Cook Kelley King Lee of Clinch Lee of Screven Lewis of Hancock Loyd McClure McCrory McElmurray McElvey McKoy Maddox Martin Milner Montgomery New Newton Norman Oliver Parker Pate Peacock

Peek
Perkins
Peterson of Montgomery
Rainey Rawls Rice Ricketson Roberts Rosser Russell Short Stanford Stovall Strickland of Pierce Swint Talmadge Thomas Tippins Trotter Vaughn west Whelchel Whitchard Wilhoit Wilson

390

JouRNAL OF THE HousE

Negative---
Adams
Alexander
Andrews
Baker Bandy Barnard Barrett Blease Bloodworth Boswell Bower Brunson Burch Camp of Clayton Camp of Cobb Camp of CowPta Childs Collins Cooper Culpepper Davis of Floyd Denmark Dorris of Crisp Dorsey Doyal Dykes England Erwin Ficklen Gillen Grant Griffin of Decatur Griner

Grovenstein
Guillebeau
Hamby
Hamilton Harris Hatcher Head Hender:son of Irwin Hines Hooper Jackson James Johnson of Bacon Johnson of Camden Jones of l\Jeriwether Kent Ketcham Lanier Lawson Lawton Layton Lewis of Gordon Lindsay Logan Lumpkin McCluney McWhorter Mallard Malone Miller Milton Murrah Napier

Palmour
Parrish
Paschal
Passmore
Phillips
Pilcher
Quarterman
Rampley
Riley
Rivers
Smith of Grady
Smith of Meriwether
Smith of Talbot
Stanley Stark Stone of Union Stone of Walton Strickland of Brantley Traylor Trippe Tucker Turner Tyson Warren Weaver Webb Weekes Westbrook Wheeler Williams of Harris Zellars

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

On the adoption of the resolution the Ayes were 77, Nays 97.
The resolution was lost.

FRIDAY, ~-\.PRIL 9, 1926.

391

The following resolutions were read and adopted:

By Messrs. Davis of DeKalb and Wilhoit of Warren-
House Resolution No. 43. A Resolution extending the sympathy of the House to Hon. L. L. Griffin, Representative of Twiggs County, on account of a death in his family.

By Mr. Mallard of Charlton-
House Resolution No. 44-82A. A Resolution to provide for certain officials of the House and Senate to remain at the Capitol after adjournment of the General Assembly for the purpose of affixing their official signatures to bills and resolutions, and for other purposes.

Privileges of the floor were granted to Hon. A. C. Moye, Jr. of Randolph County, Hon. J. P. Dykes and Col. H. McWhorter of Bleckley County, and Hon. John T. Peyton.

Mr. Russell of Barrow moved that the House do now adjourn until Monday morning at 10:00 o'clock.

Mr. Rivers of Lanier moved that the House do now adjourn, and the motion was lost.

On the motion to adjourn until Monday morning, By Mr. Russell of Barrow, Mr. Hopkins of Thomas moved the Ayes and Nays, and the call was not sustained.

The motion to adjourn by Mr. Russell of Barrow prevailed.

Leave of absence was granted to Mr. Humphrey of Emanuel, Mr. Whelchel of Colquitt, Mr. Hamilton of Floyd, Mr. Wilkin of Miller, Mr. Peacock of Laurens, Mr. Clark of Laurens, Mr. Peek of Polk, Mr. Beck of Carroll, Mr. Johnson of Bacon, Mr. Dekle of Lowndes, Mr. DuBose of Clarke, Mr. Evans of Screven, Mr. Tucker of Berrien, Mr. Folks

392

JouRNAL oF THE HousE:

of Ware, Mr. Whitchard of Early, Mr. New of Laurens, Mr. Thomas of Wayne, Mr. Henderson of Carroll, Mr. Maddox of Gwinnett, Mr. Taylor of Dawson, and Mr. Short of Baker.

The Speaker announced the House adjourned until 10:00 o'clock Monday morning.

MmmAY, APRIL 12, 1926.

393

TwENTY-FIFTH DAY

REPRESENTATIVE HALL, ATLANTA, GA.,
MoNDAY, APRIL 12, 1926.

The House met pursuant to adjournment this day at 10:00 o'clock, A. M., was called to order by the Speaker and opened with prayer by the Chaplain.

The roll was called and the following members answered

to their names:



Adams
Alexander Anderson Baker Barnard Barrett Beck Blease Bloodworth Boswell Bower Brown Brunson Camp of Clayton Camp of Cobb Culpepper Daniel Davis of DeKalb Davis of Floyd Davis of Thomas Dorris of Douglas Dorris of Crisp Dorsey Doyal

Duncan
Dykes England Erwin Flanders Flynt Gillen Grant Griffin of Twig!!:s Grovenstein Guillebeau Hamby Hatcher Henderson of Irwin Hillhouse Hines Hooper Hopkins Howard of Long Hulme Humphrey Jackson Johnson of Camden Jones of Meriwether

Kempton
Kent Ketcham Lanier Lankford Lawson Layton Lee of Clinch Lewis of Hancock Linder Lindsay Loyd McCluney McWhorter Maddox Mallard :\Ialone Mann Martin
~latthews
Miller Milner Milton Murrah

394

JouRXAL OF THE HousE

Napier
Norman Owen Palmour Parker Parrish Paschal Passmore Peacock Peterson of
gomery Phillips Quarterman Rainey Ricketson Riley Rivers Rosser

Mont-

Rountree
Russell Short Smith of Grady Smith of Meriwether Smith of Talbot Stanford Stark Steed Stone of Union Stone of Walton Stovall Strickland of Brantley Talmadge Thomas Traylor Trippe Trotter

Tucker Tyson Vaughn \Veaver Webb Weekes Westbrook Whitchard White Wilhoit Williams of Harris Williams of Walton Wilson Wood Zellars Mr. Speaker

Mr. Wilhoit of Warren, Chairman of the Committee on Journals, reported that the Journal had been read and found correct.

By unanimous consent the reading of the Journal of yesterdays proceedings was dispensed with.

The Journal was confirmed.

By unanimous consent the following was established as the order of business during the first part of the period of unanimous consents:

1. Introduction of new matter under the Rules.

2. Reports of Standing Committees.

3. Reading of House and Senate bills and resolutions favorably reported, the second time.

4. Passage of uncontested local House and Senate bills and resolutions and general House and Senate bills and resolutions having a local application.

MoNDAY, APRIL 12, 1926.

395

5. First reading of Senate bills and resolutions.

The following message was received from the Senate through Mr. McClatchey, the Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit:

By ~Ir. Knight of the 6th-
Senate Bill No. 20. A Bill to authorize and empower the board of trustees of local school districts levying a local school tax to borrow sufficient money, and no more, to pay for:the operation of said school.

The following message was received from the Senate through Mr. McClatchey, the Secretary:thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit:

By :Mr. Knight of the 6th-
Senate Bill Ko. 21. A Bill entitled an!Act to amend an Act to codify the school laws of Georgia in compliance with the provision of the Act entitled an Act to empower the State Superintendent of Schools.

The following message was received from the Senate through Mr. McClatchey, the Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Resolution of the House, to-wit:

396

JouRXAL oF THE HousE

By Messrs. Dykes of Dooly, Harris of Jefferson and Neill of Muscogee-
House Resolution No. 42. A. Resolution providing that the General Assembly of Georgia shall stand adjourned, Sine Die, on Thursday, April 15, 1926.

The following message was received from the Senate through Mr. McClatchey, the Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Resolution and Bill of the House, to-wit:

By Messrs. Parrish and Brinson of Bulloch-
Hause Resolution No. 5. A Resolution authorizing the Georgia Normal School to borrow money.

By Messrs Hines and Riley of Sumter-
House Bill No. 23. A Bill to establish, organize and maintain, as a branch of the University of Georgia, a normal school or teachers' college, to be located at Americus.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules having had under consideration the matter oflfixing a calender for today's session, begs leave to submit the following report:
That the following bills are hereby set as special and continuing orders to follow immediately after the disposition of House Bill No. 11, to-wit:
1. House Bill No. 71. Mcintosh County.

MoNDAY, APRIL 12, 1926.

397

2. House Resolution No. 30. Appropriation General Printing Fund.

3. House Bill No. 27. Appropriation-Assistant Commissioner of Commerce and Labor-Salary.
4. House Bill No. 46. Constitutional AmendmentRoad Fund.
5. House Bill No. 36. Increase Ordinarys' Fee.

6. House Bill No. 58. Repeal Code Section 2206, relative to ownership of land by foreign corporations.
7. House Bill No. 44. Empowering Local School Districts to borrow money.
8. House Bill No. 16. Codification of School Laws in Georgia.
9. House Bill No. 68. Constitutional amendment relative to taxation for education.
10. House Bill No. 22. School Fiscal Year.
Respectfully submitted,
DYKES of Dooly, Vice-Chairman.

Under the order of Business established by the Committee on Rules, the following bill of the House was taken up for consideration and read the third time:
By Mr. Tyson of Mcintosh-
House Bill No. 71. A Bill to amend the Constitution so as to allow Mcintosh County to increase its bonded indebtedness, and for other purposes.

398

JouRNAL OF THE HousE,

By unanimous consent further consideration of this bill was postponed until tomorrow morning.

By Mr. Vaughn of Rockdale-
House Bill No. 27. A Bill to appropriate the increased salary of the Assistant Commissioner of Commerce and Labor from August 27, 1925 to December 31, 1925, as provided for in the Acts of 1925, page 141.

The bill, involving an appropriation, the House was resolved into a Committee of the Whole House and the Speaker designated Mr. Davis of DeKalb as the Chairman thereof.

The Committee of the Whole House arose and through its Chairman, reported the bill back to the House with the recommendation that the same do pass.

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

Mr. Tucker of Berrien moved the previous question; the motion prevailed and the main question was ordered.
The bill involving an appropriation the roll call was ordered and the vote was as follows:

Affirmative--
Adams
Alexander Anderson Baker Barnard Barrett Blease Bloodworth Bower Brunson Camp of Clayton Camp of Cobb

Culpepper
Daniel Davis of DeKalb Davis of Fwyd Dorris of Douglas Dorris of Crisp Dorsey Doyal Duncan Dykes England Erwin

Flanders
Flynt Gillen Griffeth Griffin of Twiggs Grovenstein Guillebeau Hamby Harris Hatcher Head Henderson of Irwin

MoNDAY, APRIL 12, 1926.

399

Hines
Hooper
Howard of Long Hulme Humphrey Jackson Johnson of Camden Kempton Kent Ketcham Lanier Lankford Lawson Layton Lee of Clinch Lewis of Gordon Lewis of Hancock Linder Lindsay Loyd McCluney McWhorter Maddox Mallard Malone

Mann
Matthews
Miller Milner Milton Murrah Napier Norman Owen Palmour Parker Parrish Paschal Passmore Peterson of
gomery Phillips Pilcher Quarterman Rainey Ricketson Riley Rivers Rountree Russell

:\Iont-

Smith of Grady
Smith of Talbot
Stark Stone of Union Stone of Walton Stovall Strickland of Brantley Swint Talmadge Traylor Trippe Trotter Tucker Turner Tyson Vaughn Weaver Webb Weekes Westbrook Wheeler Whitehard Wilhoit Williams of Walton Wilson

Negative--
Hillhouse Martin

Smith of Meriwether Stanford

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

On the passage of the bill the Ayes were 110, Nays 4.

The bill having received the requisite constitutional majority was passed.
By unanimous consent the bill was ordered to be immediately transmitted to the Senate.

400

JouRNAL OF THE HousE,

By Mr. Barret~ of Stephens-
House Resolution No. 30-68C. A Resolution to make an appropriation to meet the deficiency in the General Printing Fund, and for other purposes.

The Resolution involving an appropriation, the House was resolved into a Committee of the Whole House and the Speaker designated Mr. Wilhoit of Warren as the Chairman thereof.

The Committee of the Whole House arose and through its Chairman reported the Resolution back to the House with the recommendation that the same do pass:

The report of the committee, which was favorable to the passage of the Resolution was agreed to.
The Resolution involving an appropriation the roll call was ordered and the vote was as follows:

Affirmative---
Adams
Alexander
Anderson Baker Barnard Barrett Blease Bloodworth Bower Brown Brunson Burch Camp of Clayton Camp of Cobb Camp of Coweta Culpepper Daniel Davis of DeKalb Da\~S of Floyd Davis of Thomas

Dorris of Douglas
Dorris of Crisp
Dorsey Doyal Duncan Dykes England Envin Flanders Flynt Gillen Griffeth Griffin of Twiggs Grovenstein Guillebeau Hamby Hancock Harris Hatcher Head

Henderson of Irwin
Hines
Howard of Long Hulme Humphrey Jackson Johnson of Appling Johnson of Camden Jones of Meriwether Kempton Kent Ketcham Lanier Lawson Layton Lee of Clinch Lewis of Gordon Lewis of Hanrock Linder Lindsay

McCluney McKoy McWhorter Maddox Mallard Malone Matthews Miller Milner Milton Murrah Napier Norman Owen Palmour Parker Parrish
Negative---
Hillhouse Martin

.MONDAY, APRIL 12, 1926.

401

Paschal
Passmore
Phillips
Pilcher
Quarterman
Rainey Rivers Rountree Russell Smith of Grady Smith of Talbot Stark Stone of Union Stone of Walton Stovall Strickland of Brantley

Talmadge Traylor Trippe Trotter Tucker Turner Tyson Vaughn Weaver Webb Weekes Westbrook 'Wheeler Whitchard Wilhoit Williams of Walton Wilson

Ricketson Smith of Meriwether

Stanford

By unanimous consent the verification of the roll call was dispensed with.
On the passage of the Resolution the Ayes were 110, Nays 5.
The resolution having received the requisite constitutional majority was passed.
By unanimous consent the resolution was ordered to be immediately transmitted to the Senate.
The following privileged Resolution was taken up for consideration and read:
By Mr. Peterson of Montgomery, and othersHouse Resolution No. 47-82D. A Resolution providing
for immediate sine die adjournment of the General Assembly.



402

JoB"R:-.iAL OF THE HousE,

.Mr. Martin of Troup moved the previous question on the resolution.

Mr. Humphrey of Emanuel moved to table the resolution.

The motion to table prevailed and the resolution was tabled.

Under the Orders of the Day, the following bills were taken up for consideration and read the third time:
By Mr. Humphrey of Emanuel and Mr. Mann of GlynnHouse Bill No. 46. A Bill to amend the Constitution
relative to the maintenance of State Aid Highways.
By unanimous consent further consideration of this bill was postponed until tomorrow morning.
By Mr. McCluney of BaldwinHouse Bill No. 36. A Bill to increase Ordinaries' fees for
pension work, and for other purposes.
The bill involving an appropriation the House was resolved into a Committee of the Whole House and the Speaker designated Mr. Flynt of Spalding as the Chairman thereof.
The Committee of the Whole House arose and through its Chairman reported the bill back to the House with the recommendation that the same do pass.
The following amendment was read and adopted:
By Miss Kempton and Mr. Wood of FultonAmend House Bill No. 36 by adding a new Section to
be known as Section 3a and to read as follows:



MoNDAY, APRIL 12, 1926.

403

Section 3a. Be it further enacted that the sums herein provided for to be paid to the Ordinaries of the respective Counties shall be paid to the proper authorities handling the County funds in those Counties in which the Ordinaries draw a fixed salary.

The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
Mr. Russell of Barrow moved the previous question, the motion prevailed and the main question was ordered.

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

Affirmative---
Adams
Alexander
Anderson Baker Bandy Barnard Barrett Blease Bloodworth Bower Brunson Burch Camp of Clayton Camp of Cobb Camp of Coweta Childs Collins Culpepper Davis of DeKalh Davis of Floyd Davis of Thomas Dorris of Douglas Dorris of Crisp Dorsey Doyal

Duncan
England
Erwin Flanders Fletcher Flynt Gillen Griffeth Griffin of Twiggs Grovenstein Guillebeau Gullatt Hamby Hancock Harris Hatcher Head Henderson of Irwin Hines Hooper Howard of Long Hulme Humphrey Johnson of Applin!!: Johnson of Camden

Jones of Meriwether
Kempton
Kent Ketcham Lanier Lankford Lawson Layton Lee of Clinch Lewis of Gordon Lewis of Hancock Linder Loyd McCluney McClure McKoy McWhorter :\Jaddox Mallard Malone Mann Matthews Miller Milner Milton

404

JouRNAL oF THE HousE,

Murrah
Napier
Norman
Owen
Palmour
Parker Parrish Paschal Passmore Peterson of
gomery Phillips Pilcher Quarterman Rainey Riley

Mont-

Rivers
Rountree
Russell
Smith of Grady
Smith of Meriwether
Smith of Talbot Stanford Stark Steed Stone of Union Stone of Walton Stovall Strickland of Brantley Swint Talmadge Traylor

Trippe Trotter Tucker Turner Tyson Vaughn Weaver Webb Westbrook Wheeler Whit chard Williams of Harris Williams of Walton Wilson Wood

Negative---
Brown Daniel
Hillho~<se

Lindsay Martin Ricketson

Weekes Wilhoit

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

On the passage of the bill, as amended, the ayes were 121, Nays 8.
The bill having received the requisite constitutional majority was passed, as amended.
Mr. Lindsay of DeKalb gave notice that at the proper time he would move that the House reconsider its action in passing House Bill No. 36, as amended.
On motion the bill was ordered to be immediately transmitted to the Senate.
By Mr. Bower of DecaturHouse Bill No. 58. A Bill to repeal Section 2206 of the

MoNDAY, APRIL 12, 1926.

405

Civil Code of 1910, relating to the ownership of land in the State of Georgia.

The substitute offered by the Committee was read and adopted.
The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to.

On the passage of the bill, Mr. Bower of Decatur moved the Ayes and Nays; no quorum voted and the Speaker ordered the call of the roll:

The roll was called and the vote was as follows:

Affirmative---
Adams
Alexander Baker Bandy Barnard Barrett Blease Bloodworth Bower Brunson Burch Camp of Clayton Camp of Cobb Camp of Coweta Collins Culpepper Davis of DeKalb Davis of Thomas Dorris of Douglas Dorris of Crisp Dorsey Duncan Dykes England Erwin

Flanders
Fletcher Folks Gillen Griffeth Grovenstein Hamby Hancock Harris Hatcher Henderson of Irwin Hooper Howard of Long Jackson Johnson of Appling Johnson of Camden Jones of Meriwether Kempton Kent Ketcham Lawson Lewis of Gordon Lewis of Hancock Loyd Lyons

McWhorter
Mann Matthews Milner Milton Napier Owen Palmour Parker Parrish Paschal Phillips Pilcher Riley Rivers Russell Smith of Grady Smith of Meriwether Stark Stone of Walton Strickland of Brantley Talmadge Traylor Trippe Trotter

406

.JouRXAL oF THE HousE,

Turner Tyson Vaughn

Weaver Wheeler Williams of Harris

Williams of Walton Wood

Negative---

Anderson

Brown

Child<~

Daniel

Doyal



Flynt

Griffin of Twi!!:gs

Guilleheau

Gullatt

Hmd

Hill houR<'

HimR

HulmP

HumphrPy

Lanier
Lankford
Layton
Lee of Clinl'h
Linder
Lindsay McClure McKoy :\Iaddox Malone ~I art in Miller :\Iurrah Xorman

Peter~on of MontgomPIT
Quarterman Rainey Ricketson Stanford Stone of l'nion Stovall Swint TuckPr Webb Weekes Westbrook White han! Wilson

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

On the passage of the bill the Ayes were 81, Nays 42.

The bill having failed to receive the requisite constitutional majority was lost.
Mr. Bower of Decatur gave notice that at the proper time he would move to reconsider the action of the House in defeating House Bill No. 58.
Mr. Jones of Meriwether arose to a question of personal privilege and addressed the House.
Mr. Flynt of Spalding arose to a question of personal privilege and addressed the House.
Privileges of the floor were granted to Hon. George D. Bennett.

MoNDAY, APRIL 12, 1926.

407

Mr. Harris of Jefferson moved that the House do now adjourn and the motion prevailed.

Leave of absence was granted to Mr. Kelley of Gwinnett and Mr. Camp of Coweta and Mr. Strickland of Pierce.

The Speaker announced the House adjourned until tomorrow morning at 9:00 o'clock.

408

JouRNAL OF THE HousE,

TWENTY-SIXTH DAY

REPRESENTATIVE HALL, ATLANTA, GA., TUESDAY, APRIL 13, 1926.

The House met pursuant to adjournment this day at 9:00 o'clock, A. M., was called to order by the Speaker and opened with prayer by Hon. J. F. McCluney, Representative from Baldwin County.

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

Adams Alexander Anderson Andrews Baker Bandy Barnard Barnett Barrett Bartlett Beck Blease Bloodworth Boswell Bower Brown Brunson Burch Burgin Camp of Clayton Camp of Cobb Chappell Childs

Collins Cooper Culpepp<>r Daniel Da\is of DeKnlh Davis of Floyd Davis of Thorrws Denmark Dorris of Doul!:lns Dorris of Crisp Dors<>y Doyal DuBos<> Dyk<>s England Erwin Flanders Fletch<>r Flynt Gillen Grant Griff<>t h Griffin of Twigg"

Grovenstein Guillebeuu Hamby Hancock Harris Hatcher Haywood Head Henderson of Carroll Henderson of Irwin HillhousP Hines Hooper Howard of Chatta-
hoocheP Howard of Lon~~: HulmP HumphrPy Hyman Jackson Johnson of Appling .John~on of Camden .JonPs of 1\leriwet.hPr

TuESDAY, APRIL 13, 1926.

409

Kempton
Kent
Ketcham
Lanier
Lankford Lawson Lawton Layton Lee of Clinch Lee of Screven Lewis of Hancock Linder Lindsay Logan Loyd Lyons McCluney McClure McCrory McElmurray McKoy McWhorter Maddox Mallard Malone Mann Martin Matthews Miller Milner Milton Murrah

Napier

Newton

Norman

Oliver

Owen Palm our Parker Parrish Paschal Passmore Peek Perkins Peterson of
gomery Phillips Pilcher Quarterman Rainey Rampley Rice Ricketson Riley Rivers Rosser Rountree Russell.

Mont-

Short Hmith of Grady Smith of Meriweth!'r Smith of Talbot Spence Stanford

Stark
Steed
Stone of Walton
Stovall
Stril'kland of Brantley
Swint
Talmadge
Thomas
TippinR
Traylor
Trippe
Trotter
Tu(ker
Turner Tyson Vaughn Weaver 'Webb Weekes West WheP!er Whitchard Wilhoit Williams of Harris Williams of Walton Wilson Winship Wood Zellars Mr. Speaker

Mr. Wilhoit of Warren, Chairman of the Committee on Journals, reported that the Journal had been read and found correct.

By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.

The Journal was confirmed.

410

JouRNAL oF THE HousE,

By unanimous consent the following was established as the order of business during the first part of the period of unanimous consents:

1. Introduction of new matter under the Rules.

2. Reports of Standing Committees.

3. Reading of House and Senate Bills and Resolutions, favorably reported, the second time:

4. Passage of uncontested local House and Senate Bills and Resolutions and general House and Senate Bills and Resolutions, having a local application.

5. First reading of Senate Bills.

Mr. Bower of Decatur moved that the House reconsider its action in defeating House Bill No. 58.

Mr. Wilhoit of Warren moved the previous question; the motion prevailed and the main question was ordered.
The motion to reconsider was lost.
By unanimous consent the following Bills of the House and Senate were introduced, read the first time, and referred to Committees:
By Messrs. Loyd of Newton, and Vaughn of RockdaleHouse Bill No. 83. A Bill to authorize the payment of
pensions to the widows of pensioners who would have been entitled to receive pensions under an Act of 1926.
Referred to the Committee on Pensions.

TuESDAY, APRIL 13, 1926.

411

By Mr. Knight of the 6th-
Senate Bill No. 20. A Bill to authorize local Boards of Trustees to borrow money for operation of schools.
Referred to the Committee on Education.
By Mr. Knight of the 6thSenate Bill No. 21. A Bill to codify the School Laws
of Georgia, and for other purposes.
Referred to the Committee on Education.
The following message was received from the Senate through Mr. McClatchey, the Secretary thereof:
Mr. Speaker: The Senate has passed by the requisite constitutional
majority the following Bills of the House, to-wit:
By Messrs. Head and Camp of CobbHouse Bill No. 77. A Bill to amend an Act to amend
the Charter of the town of Acworth.
By Messrs. Lawton, Denmark and Alexander of ChathamHouse Bill No. 79. A Bill to amend the several Acts
relating to and incorporating the Town of Warsaw in Chatham County, and for other purposes.
The following resolutions were read and adopted:
By Mr. Wilhoit of WarrenHouse Resolution No. 49. A Resolution deploring any
action that might cast aspersions upon the deliberations of the House in passing the bill known as the Confederate Pension Bill.

412

JouRNAL OF 1.'HE HousE,

By Mrs. Napier of Bibb-
House Resolution No. 48. A Resolution Hon. W. D. Hammock, Chaplain of the House of Representatives, on his eighty-fourth Birthday.

Under the order of the day, the following Bills of the House were taken up for consideration and read the third time:

By Mr. Stark of Whitfield-
House Bill No. 11. A Bill to allow a debt to be incurred by or in behalf of the State in an amount not to exceed $3,500,000.00 for the purpose of paying public school teachers.

By unanimous consent the above bill was tabled.

By Mr. Smith of Talbot and Mr. Mallard of Charlton-
House Bill No. 22. A Bill to change the school fisc a year, and for other purposes.

The following substitute was read and adopted:

By Messrs. Smith of Talbot and Mallard of Charlton-
A Bill to be entitled an Act to amend Section 67 of the Georgia School Code which provides that the school year shall be coincident with the calendar year, be amended so that said Section when so amended shall provide that the school year shall begin July 1st and end June 30th of each year, beginning July 1, 1927, and for other purposes.
Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that Section 67 of the School Code of Georgia be and the same is hereby amende,l by striking out the words "January 1st, 1895" in the first line thereof, and substituting

TUESDAY, APRIL 13, 1926.

413

therefor the words "July 1st, 1927"; and by striking out in the second and third lines thereof the words "coincident with the calendar year, to-wit: from January 1st to December 31st" and substituting therefor the words "from July 1st to the next June 30th, inclusive, of each year;" and by striking out in the eighth line thereof the word "school," arid substituting therefor the word "calendar," so that the amended part of said section when so amended shall read as follows: "Beginning with July 1st, 1927, and continuing thereafter, the school year shall be from July 1st to the next June 30th inclusive of each year thereafter; and the State School Superintendent shall, on or before the 1st Tuesday in December of each year beginning in 1894, or as soon thereafter as practicable, make an estimate of the entire common school fund for the State for the next succeeding calendar year.''

Section 2. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed.

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

On the passage of the bill, by substitute, the Ayes were 105, Nays 2.

The bill having received the requisite Constitutional majority was passed.

By Mr. Tyson of Mcintosh-
House Bill No. 71. A Bill to be entitled an Act to propose to the qualified voters of this State an amendment to Article Seven (7), Section Seven (7), Paragraph One (1) of the Constitution of Georgia, authorizing the County of Mcintosh to increase the said Bonded indebtedness of said County of Mcintosh for educational purposes, and

414

JouRNAL OF THE HousE,

also for the purpose of paying off any indebtedness that now exists or may hereafter exist against the Board of Education of Mcintosh County.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article Seven (7), Section Seven (7), Paragraph One (I) of the Constitution of Georgia be and the same is hereby amended by adding thereto the following words: "Except that the County of Mcintosh may incur a bonded indebtedness in addition to the debts hereinbefore in this paragraph allowed to be incurred, in an amount in the aggregate not exceeding fourteen (14%) per centum of the taxable value of said County as shown by the tax digest, for educational purposes and also for the purpose of paying off any indebtedness that now exists or may hereafter exist against the Board of Education of Mcintosh County, provided that such bonded indebtedness shall not be incurred except with the assent of a majority of the qualified voters of said County, and the assent of two-thirds of the qualified voters of said County, actually voting at an election, or elections, for that purpose to be held as now or may hereafter be prescribed by law for the purpose of incurring new debts by any County or Municipality within this State. In the event this amendment be ratified and becomes a part of the Constitution, and in the event the bonds provided for are authorized, validated and sold as provided by law by the said County of Mcintosh, the County Commissioners of Mcintosh Couty shall pay over the proceeds of the sale of said bonds to the Board of Education of Mcintosh County for the purposes herein named.

Section 2. Be it further enacted by the authority aforesaid that when said amendment be agreed to by two-thirds vote of the members elected to each House, it shall be entered upon the Journal of each House with the Ayes and Nays thereon and published in one or more newspaper in each

415

TuESDAY, APRIL 13, 1926.

Congressional District of this State for two months previous to the time for holding the next general election and shall at the next general election be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment to Article Seven, Section Seven, Paragraph One, of the Constitution, authorizing the County of Mcintosh to increase its bonded indebtedness for educational purposes," and all persons voting at said election opposed to the adoption of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment to Article Seven, Section Seven, Paragraph One of the Constitution, authorizing the County of Mcintosh to increase its bonded indebtedness for educational purposes," and if a majority of the electors qualified to vote for members of the General Assembly voting thereon, shall vote for ratification thereof, when the result shall be consolidated as now required by law in elections for members of the General Assembly, then said Amendment shall become a part of Article Seven, Section Seven, Paragraph One, of the Constitution of this State, and the Governor shall make proclamation therefor as provided by law.

Section 3. Be it further enacted that all laws or parts of laws in conflict herewith be and the same are hereby repealed.

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

The bill involving an amendment to the Constitution the roll call was ordered and the vote was as follows:

Affirmative---
Adams Alexander

Anderson Baker

Bandy Barnard

416

JouRNAL oF THE HousE,

Barnett
Barrett Beck Blease Bloodworth Boswell Bower Brown Brunson Burch Burgin Camp of Clayton Camp of Cobb Chappell Childs Cooper Culpepper Davis of DeKalb Davis of Floyd Davis of Thomas Denmark Dorris of Douglas Dorris of Crisp Dorsey D~yal DuBose Dykes England Flanders Fletcher Flynt Gillen Griffeth Griffin of Twiggs Grovenst{'in Guillebeau Hamby Hancock Harris Hatcher Haywood Head Henderson of Carroll Henderson of Irwin Hillhouse

Hooper
Howard of Chattahoochee
Howard of Long Hulme Humphrey Hyman Jackson Johnson of Appling Johnson of Camden Jones of Meriwether Kempton Kent Ketcham Lanier Lankford Lawson Lawton Layton Lee of Clinch Lee of Screven Linder Lindsay Logan Loyd Lyons McClure McCrory McElmurray McKoy McWhorter Maddox Mallard Malone Mann Martin Miller Napier Norman Oliver Owen Pa.lmour Parker Parrish Pas!' hal

Passmore
Peek
Perkins
Peterson of Montgomery
Phillips
Pilcher
Rainey Rampley Ricketson Rivers Rountree Russell Smith of Grady Smith of Meriwether Smith of Talbot Spence Stanford Stark Steed Stone of Union Stone of \Valton Strickland of Brantley Swint Talmadge Tippins Traylor Trippe Trotter Tucker Turner Tyson Vaughn Webb Weekes Wheeler Whit chard Wilhoit Williams of Walton Wilson Winship Wood Zellars Mr. Speaker

...

TuESDAY, APRIL 13, 1926.

417

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

On the passage of the bill the Ayes were 138, Nays 0.

1'he bill having received the requisite two-thirds Constitutional majority was passed.
By unanimous consent the bill was ordered to be immediately transmitted to the Senate.
By unanimous consent House Bill No. 11 was taken from the table.
Under the order of business established by the Committee on Rules the following bills of the House were taken up for consideration and read the third time:

Mr. Doyal of Floyd moved that House Bill No. 20 be set as a special and continuing order of business to immediately follow House Bill No. 11 on the Calendar; and the motion not having received the necessary two-thirds majority of the members elected to the House, was lost.

By Messrs. Humphrey of Emanuel, Mann of Glynn, and others-
House Bill No. 46. A Bill to be entitled an Act to propose to the people of Georgia to amend Article Seven, Section One, Paragraph One, of the Constitution by adding thereto the following:

"To construct and maintain a system of State highways."

The Governor will caused such proposed amendment to be published in a newspaper in each Congressional District as provided by law for the submission to the people at the next general election.

418

JouRNAL oF THE HousE,

Electors desiring to vote for said proposed amendment shall vote, "For amendment to Article 7, Section 1, Paragraph 1, of the Constitution of Georgia."

Electors desiring to vote against said proposed amend-

ment shall vote, "Against amendment to Article 7, Section

1, Paragraph 1, of the Constitution of Georgia."



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

The bill involving an amendment to the Constitution the roll call was ordered and the vote was as follows:

Affirmative---
Adams
Alexander
Andrews
Baker
Bandy Barnard Barnett Barrett Blease Bloodworth Boswell Bower Brown Brunson Burch Burgin Camp of Clayton Camp of Cobb Chappell Childs Collins Cooper Culpepper Daniel Davis of DeKalb Davis of Floyd Davis of Thomas Denmark

Dorris of Douglas
Dorris of Crisp
Dorsey
Doyal
DuBose Dykes England Erwin Flanders Fletcher Flynt Gillen Griffin of Twiggs Grovenstein Guillebeau Gullatt Hamby Hamilton Hancock Harris Hatcher Haywood Head Henderson of Carroll Henderson of Irwin Hillhouse Hines Hooper

Howard of Chattahoochee
Howard of Long
Hulme
Humphrey
Hyman Jackson James Johnson of Appling Johnson of Camden Jones of Meriwether Kempton Kent Ketcham Lanier Lankford Lawson Lawton Layton Lee of Clinch Lee of Screven Lewis of Hancock Lindsay Logan Loyd Lumpkin Lyons McClure

McCrory McElmurray McKoy McWhorter Maddox Mallard Malone Mann Martin Matthews Miller Milner Milton Napier Newton Norman Oliver Owen Palmour Parker Parrish Paschal Passmore
Negative---
Beck

TUESDAY, APRIL 13, 1926.

419

Peek Perkins Peterson of Mont-
gomery Phillips Quarterman Rainey Rampley Rice Ricketson Rivers Rountree Russell Smith of Grady Smith of Meriwether Smith of Talbot Stanford Stark Steed Stone of Union Stone of Walton Stovall Strickland of Brantley

Sy;int Talmadge Taylor Tippins Traylor Trippe Trotter Tucker Turner Tyson Vaughn Weaver Webb Weekes Westbrook Wheeler Whitchard Wilhoit Williams of \Yalton Wilson Winship Wood Zellars

Williams of Harris

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

On the passage of the bill the Ayes were 150, Nays 2.
The bill having received the requisite two-thirds Constitutional majority was passed.
By unanimous consent the bill was ordered to be immediately transmitted to the Senate.
By unanimous consent House Resolution No. 45-82b was withdrawn from the House.

420

JouRNAL oF THE HousE,

- Miss Kempton of Fulton moved that the House do now

adjourn and the motion was lost.

By Messrs. Kelley and Maddox of Gwinnett-
House Bill No. 68. A Bill to amend the Constitution relative to the subject of educational taxation.

Privileges of the floor were granted to Hon. J. J. Knight of Lanier County, and Hon. J. A. Alexander, W. H. Mathis and N. N. Hughes of Berrien County.

Mr. Milner of Dodge moved that the House do now ad:.. journ and the motion prevailed.

The Speaker announced the House adjourned until tomorrow morning at 9:00 o'clock.

WEDNESDAY, APRIL 14, 1926.

421

TWENTY-SEVENTH DAY

REPRESENTATIVE HALL, ATLANTA, GA.,
WEDNESDAY, APRIL 14, 1926.

The House met pursuant to adjournment this day at 9:00 o'clock, A.M., was called to order by the Speaker and opened with prayer by Hon. J. F. Malone, Representative from Bib County.

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

Adams Alexander Andrews Baker Bandy Barnard Barnett Barrett Beck Blease Boswell Bower Brown Brunson Burch Burgin Camp of Clayton Camp of Cobb Camp of Coweta Chappell Childs Collins Cooper

Culpepper Daniel Davis of DeKalb Davis of Floyd Davis of Thomas Dekle Dorris of Douglas Dorris of Crisp Dorsey Doyal DuBose Duncan Dykes England Erwin Flanders Fletcher Flynt Gillen Griffeth Griffin of T" iggs Grovenstein Guillebeau

Gullatt Hamby llancock Harris Hatcher Haywood Head Henderson of Carroll Henderson of Irwin Hillhouse Hines Hooper Howard of Chatta-
hoochee Howard of Long Hulme Humphrey Hyman Jackson James Johnson of .Appling Johnson of Camden Jones of Meriwether Kelley

422

JouRNAL oF THE HousE,

Kempton
Kent
Lanier
Lawson Lawton Layton Lee of Clinch Lee of Screven Lewis of Gordon Lewis of Hancock Linder Lindsay Logan Loyd Lumpkin Lyons McCluney McClure McCrory McElmurray McElvey McKoy McWhorter Maddox Mallard Malone Mann Martin Matthews Miller Milner Milton Montgomery

Murrah

Napier

Newton

Norman Oliver Owen Palm our Parker Parrish Paschal Pate Peek Perkins Peterson of
gomery Phillips Pilcher Pickering Quarterm:m Rainey Rampley Rice Ricketson Rivers

Mont-

Rosser Rountree Russell Smith of Grady Smith of 1\iadison Smith of Meriwethl'r Smith of Talbot Spence Stanford

Stanley
Stark
Steed
Stone of \Valton
Stovall
Strickland of Brantley
Swint
Talmadge Taylor Tippins Traylor Trippe Trotter Tucker Turner Tyson Vaughn \Veaver Webb Weekes West \Vestbrook Wheeler Whitchard Wilhoit Williams of Harris Williams of Walton Wilson Winship Wood Zellars Mr. Speaker

Mr. Wilhoit of Warren, Chairman of the Committee on Journals, reported that the Journal had been read and found correct.

By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.

The Journal was confirmed.

VVED~ESDAY, APRIL 14, 1926.

423

By unanimous consent the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of new matter under the Rules.
2. Reports of Standing Committees.
3. Reading of House and Senate Bills and Resolutions, favorably reported, the second time.
4. Passage of uncontested local House and Senate Bills and Resolutions and general House and Senate Bills and Resolutions having a local application.
5. First reading of Senate Bills.
The following resolutions were read and adopted:
By Messrs. Smith of Talbot, Wheeler of Pickens, Hamby of Rabun, and Johnson of Camden. House Resolution No. 50A. A Resolution extending
the sympathy of the House to Hon. J. Fleming Bloodworth, Representative from Wilkinson County, on account of the death of his brother.

By Mr. Mann of Glynn-
House Resolution No. 50B. A Resolution accepting invitation to attend opening of a bridge at Lumber City, Georgia.
By unanimous consent the following Bill of the Senate was recommitted to the Committee on General Judiciary No. 2.
By Mr. Miller of the 9th-
Senate Bill No. 9. A Bill to be entitled an Act to amend an Act creating and establishing a Securities Commission.

424

JouRNAL oF THE HousE,

The following message was received from the Senate through Mr. McClatchey, the Secretary thereof:

Mr. Speaker:
.The Senate has passed by the requisite constitutional majority the following Resolution and Bills of the House, to-wit:

By Mr. Barrett of Stephens-
House Resolution No. 30. A Bill to make appropriations to meet deficiency in General Printing fund for year 1926.

By Mr. McCluney of Baldwin-
House Bill No. 36. A Bill to fix a fee of two dollars per capita, per annum, to be paid to Ordinaries of the State for services in connection with Confederate pensions.

By Mr. Vaughn of Rockdale-
House Bill No. 27. A Bill to appropriate the increased salary of assistant commissioner of Commerce and Labor.
Mr. Davis of Floyd County, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the Senate and has instructed me as chairman, to report the same back to the House with the recommendation that the same do pass:

Senate Bill No. 20. Authorizing local Boards of Trustees to borrow money for operation of schools and for other purposes, do pass.

WEDNESDAY, APRIL 14, 1926.

425

Senate Bill No. 21. To codify School Laws of Georgia, do pass.
Respectfully submitted,

J. ScoTT DAvis of Floyd, Chairman.

Mr. Hyman of 'Vashington County, Chairman of the Committee on General Judiciary No. 2, submitted the following report :

Mr. Speaker:
Your Committee on General Judiciary No. 2 has had under consideration the following Bills of the House and has instructed me as chairman, to report the same back to the House with the r~commendation as follows:
Senate Bill Ko. 9. An Act to create and establish securities commission and, etc, do pass.
House Bill No. 74. Grade Crossing Act, etc., do pass.

House Bill Ko. 67. Authorizing chartering of corporations, etc, do not pass.
Respectfully submitted,

HYMAX of '''ashington, Chairman.

TucKER of Berrien, Secretary.

Mr. West of Randolph County, Vice-Chairman of the Committee on Municipal Government, submitted the following report:

426

JouRNAL OF THE HousE,

Mr. Speaker:
Your Committee on Municipal Government has had under consideration the following Bill of the Senate and has instructed me as chairman, to report the same back to the House with the recommendation that the same do pass:

Senate Bill No. 18, do pass.

Respectfully submitted,

WEST of Randolph, Vice-Chairman.

Mr. Winship of Bibb County, Vice-Chairman of the Committee on Pensions, submitted the following report:

Mr. Speaker:
Your Committee on Pensions has had under consideration the following House Bill No. 83 and has instructed me as Vice-Chairman, to report the same back to the House with the recommendation that the same do pass:
House Bill K o. 83, do pass.

Respectfully submitted,

N. R. WINSHIP, Vice-Chairman.

By unanimous consent the following Bills of the House and Senate were favorably reported and read the second time:
By Mr. Harris of Jefferson and Wilhoit of Warren-
House Bill No. 74. A Bill to provide for the elimination of railroad grade crossing on the State Road System.

WEDNESDAY, APRIL 14, 1926.

427

By Messrs. Loyd of Newton and Vaughn of Rockdale-
House Bill No. 83. A Bill to authorize and require the payment of pensions to the widows of pensioners who would have been entitled to receive back due pensions under Act of March 8, 1926.

By Mr. Miller of the 9th-
Senate Bill No.9. A Bill to amend an Act to create and establish the Securities Commission, etc.

By lVIr. Ennis of the 20th-
Senate Bill No. 18. A Bill to amend an Act to pave and improve the streets of Milledgeville, Ga.

By l\Ir. Knight of the 6th-
Senate Bill No. 20. A Bill to authorize and empower the board of trustees of local school districts levying a local tax to borrow sufficient money, to pay for the operation of said school.

By Mr. Knight of the 6th-
Senate Bill No. 21. A Bill to amend an Act to codify the school laws of Georgia in compliance with the provisions empowering the State officers and committees on Education to codify the school laws.

Mr. Hyman of Washington County, Chairman of the Committee on General Judiciary No. 2, submitted the following report:

Mr. Speaker
Your Committee on General Judiciary No. 2 has had under consideration the following Bill of the Senate and has instructed me as chairman, to report the same back to the House with the recommendation as follows:

428

JouRNAL OF THE HousE,

Senate Bill No.9. Was recommitted to this committee, reconsidered and now instructs me as their Chairman to report the same back to the House with the recommendations that the same do not pass.

Respectfully submitted,

HYMAN of Washington, Chairman.

Under the orders of the day the following Bills of the House and Senate were taken up for consideration and read the third time:

By Messrs. Carswell of the 5th, Hughes of the 21st and others-
Senate Bill No. 12. A Bill to authorize a County or Counties to assign by proper resolution and contract, their one cent gas tax to the State Highway Board for a period of time.

The substitute offered by the Committee was adopted, as amended.

The report of the committee, which was favorable to the

passage of the bill, by substitute, was disagreed to, and the

bill was lost.



By Messrs. Kelley and Maddox of Gwinnett-
House Bill No. 68. A Bill to propose an amendment to Paragraph 1 of Section 4 of Article 8 of the Constitution of this State on the subject of educational taxation, and for other purposes.

The amendment offered by the committee was adopted.

WEDNESDAY, APRIL 14, 1926.

429

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

The bill involving an amendment to the Constitution, the roll call was ordered and the vote was as follows:

Affirmative--
Adams Alexander Baker Bandy Barnard Barrett Beck Blease Boswell Brunson Burch Camp of Cobb Camp of Coweta Chappell Collins Cooper Davis of DeKalb Davis of Floyd Dekle Dorris of Crisp Dorsey Doyal DuBose Duncan Dykes England Erwin Flanders Fletcher Flynt Gillen Griffeth Grovenstein Guillebeau Gullatt Hamby

Harris Hatcher Head Henderson of Carroll Henderson of Irwin Hines Hooper Howard of Chatta-
hoochee Howard of Long Hulme Humphrey Jackson James Johnson of Camden Jones of Meriwether Kelley Kent Lanier Lawson Lawton Lewis of Gordon Linder Logan Lyons McCluney McClure McCrory McKoy McWhorter Maddox Mallard Malone Mann Matthews Miller

Milner Milton Napier Newton Norman Oliver Palmour Parker Parrish Perkins Pilcher Quarterman Rainey Rampley Rice Ricketson Rivers Rosser Russell Smith of Grady Smith of Madison Smith of Meriwether Smith of Talbot Spence Stark Stone of Union Stone of Walton Strickland of Brantley Swint Talmadge Taylor Traylor Trippe Trotter Tucker Turner

430

JouRNAL OF THE HousE,

Tyson Vaughn Weaver Webb Weekes West

Westbrook Wl:celer \Yhitchard Wilhoit Williams of Harris

Negative--
Barnett Bower Brown Burgin Childs Culpepper Daniel Davis of Thomas

Dorris of Douglas
Haywood
Hillhouse Hyman Johnson of Appling Lee of Clinch Lee of Screven McElmurray

The roll call wat> verified.

Williams of Walton Wilson Winship Zellars
Martin Montgomery Murrah Owen Stanford Steed Tippins

On the passage of the bill, as amended, the Ayes were 122, Nays 23.

The bill, as amended, not having received the requisite two-thirds Constitutional majority was lost.

Privileges of the floor \vere granted to Col. Dwight L. Rodgers, Mr. W. J. Paulk, and Mr. E. S. Clifton of Irwin County, and Messrs. W. B. Bussey and V. I. Butt of Dodge County.
Mr. Harris of Jefferson moved that the House do now adjourn until tomorrow morning at 10:00 o'clock, and the motion prevailed.
Leave of absence was granted to .Mr. New of Laurens and Mr. Bloodworth of Wilkinson.
The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

THURSDAY, APRIL 15, 1926.

431

TwENTY-EIGHTH DAY

REPRESENTATIVE HALL, ATLA::-<TA, GA.,
THURSDAY, APRIL 15, 1926.

The House met pursuant to adjournment this day at 10:00 o'clock, A. M., was called to order by the Speaker and opened with prayer by the Chaplain.

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

Mr. Wilhoit of Warren, Chairman of the Committee on

Journals, reported that the Journal had been read and found

correct.



By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.

The Journal was confirmed.

The following message was received from the Senate through Mr. McClatchey, the Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bill of the House, to-wit:

By Mr. Stark of Whitfield-
House Bill No. 11. A Bill to amend the Constitution, so as to authorize the contraction by or on behalf of the

432

JouRNAL oF THE HousE,

State of a debt in an amount not greater than $3,500,000, for the purpose of paying the public school teachers.

The following message was received from the Senate through Mr. McClatchey, the Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolution of the House and Senate, to-wit:

By Mr. Humphrey of Emanuel and others-
House Bill No. 46. A Bill to amend the Constitution of the State for the purpose of constructing and maintaining a system of State highways.

By Messrs. Neill of Muscogee and Culpepper of FayetteHouse Resolution No. 52A. A Resolution in regard to
the printing and binding of the Acts and Journals of these extraordinary sessions.

By Mr. Tyson of Mcintosh-
House Bill No. 71. A Bill to propose to the qualified voters of the State an amendment to Article 7, Section 7, Paragraph 1 of the Constitution, relative to Mcintosh County, increasing its bonded indebtedness for educational purposes.

By Messrs. Smith of Talbot and Mallard of Charlton-
House Bill No. 22. A Bill to amend Section 67 of the Georgia School Code, which provides that the school year shall be co-incident with the calendar year, be amended so that said Section so amended shall provide that the school year shall begin July 1st and end June 30th, of each year, beginning with July 1st, 1927.

THURSDAY, APRIL 15, 1926.

433

By Messrs. Guess of the 34th and Hendrix of the 35th-
Senate Bill No. 24. A Bill to authorize and require the payment of pensions to the widow of pensioners who would have been entitled to receive back pensions, and for other purposes.

The following message was received from the Senate through Mr. McClatchey, the Secretary thereof:

Mr. Speaker:
The Senate has agreed to the House Amendment to the following Bills of the Senate, to-wit:

By Mr. Knight of the 6th-
Senate Bill No. 20. A Bill to authorize and empower the Board of Trustees of local school Districts levying a local school tax to borrow sufficient money, and no more, to pay for the operation of said school, and for other purposes.

By Mr. Knight of the 6th-(By request)

.

Senate Bill No. 21. A Bill to amend an Act to codify

the school laws of Georgia in compliance with the provisions

of the Act entitled an Act to empower the State Superin-

tendent of Schools, Attorney-General, the Chairman of

the Senate and House Committees on Education to codify

the school laws, and for other purposes.

Mr. Mallard of Charlton, Chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker:
The committee on Enrollment has examined, found properly enrolled, duly signed, and ready for delivery to the Governor, the following Acts of the House, to-wit:

434

JouRNAL oF THE HousE,

By Mr. Culpepper of Fayette-
House Bill No. 1. An Act authorizing the Governor to set apart, sell and discount the Western and Atlantic Railroad for a period of eight years instead of six to pay old soldiers.

By Miss Kempton of Fulton-
House Bill No. 2. An Act to alter and revise the laws authorizing and regulating the issuing of non par value stock by corporations of Georgia.

By Messrs. Neill of Muscogee, Harris of Jefferson and Denmark of Chatham-
House Bill No. 7. An Act to assess and collect from estates in Georgia subject to Federal Estate taxes 25 per cent of the amount found to be due as Federal taxes for State Inheritance taxes.

By Mr. Stark of Whitfield-
House Bill No. 11. An Act to amend the Constitution, so as to authorize the contraction by or behalf of the State of a debt in an amount not greater than $3,500,000, for the purpose of paying the public school teachers of the State.

By Mr. Cooper of Telfair-
Hause Bill No. 13. An Act to amend the Charter of the City of McRae.

By Mr. Culpepper of Fayette and Mr. Hyman of Washington-
House Bill No. 14. An Act to amend the Constitution in regard to necessary sanitation, and collection and preservation of records of births, death, disease and health.

THURSDAY, APRIL 15, 1926.

435

By Mr. Jackson of Bleckley-
House BHI No. 18. An Act to appropriate money to build administration building for 12th District Agricultural and Mechanical school at Cochran.

By Mr. Griffin of Decatur and others-
House Bill No. 21. An Act to amend an Act creating a Service Bureau for the purpose of assisting Ex-service men and women.
By Mr. Smith of Talbot and Mr. Mallard of Charlton-
House Bill No. 22. A Bill to change the school Fiscal -year.
By Messrs. Hines and Riley of Sumter-
House Bill No. 23. An Act to establish and maintain as a branch of the University of Georgia a Normal school to be located at Americus Georgia.
By Messrs. Rice and Hancock of JacksonHouse Bill No. 25. An Act to amend the Charter of
the City of Commerce.
By Mr. Vaughn of Rockdale-
House Bill No. 27. An Act to appropriate the increased salary of the Assistant Commissioner of Commerce and labor from August 27th, 1925 to December 31, 1925.
By Mr. Humphrey of Emanuel-
House Bill No. 28. To amend an Act to incorporate the City of Swainsboro.
By Messrs. Wood, Hooper and Miss Kempton of Fulton and others-
House Bill No. 29. An Act to amend the Constitution

436

JouRNAL oF THE HousE,

relative to levying a school tax of one mill in counties with cities of 200,000, or more or with any portion thereof.

By Mr. Duncan of Houston-
House Bill No. 30. An Act to amend the Charter of the City of Per~y.

By Mr. Jones of Cook-
House Bill No. 31. An Act to amend the Charter of the City of Adel.

By Mr. Lee of Clinch-
House Bill No. 32. An Act to amend an Act creating. a new charter for the town of Homerville.

By Messrs. Dekle and Stanford of Lowndes-
House Bill No. 33. An Act to amend the Constitution relative to the County of Lowndes and the City of Valdosta, either or both increasing its bonded indebtedness m an amount of not exceeding ($1,000,000.00).
By Mr. McCluney of Baldwin-
House Bill No. 36. An Act to increase the fee of Ordinaries for pension work from one to two dollars per year.
By Messrs. Harris and England of Jefferson-
House Bill No. 37. An Act to amend the Charter of the City of Louisville.
By Messrs. Harris and England of JeffersonHouse Bill No. 38. An Act to amend the Charter of
the City of Wadley.
By Mr. Zellars of HartHouse Bill No. 39. An Act authorizing the City of
Hartwell to pave certain Streets.

THURSDAY, APRIL 15, 1926.

437

By Mr. Harris of Jefferson-
House Bill No. 41. An Act to amend the general tax Act and to provide for the collection of a special or occupation tax imposed by law upon Insurance Agents.

By Mr. Perkins of Jenkins-
House Bill No. 42. An Act to amend and create a new charter for the City of Millen.

By Mr. Humphrey of Emanuel and others-
House Bill No. 46. An Act to amend the Constitution so as to construct and maintain a system of state highway.

By Messrs. Denmark, Lawton, and Alexander of Chatham-
House Bill No. 54. An Act to amend the several acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, relative to conveying President Street.

By Messrs. Welchel and Lewis of Colquit-
House Bill No. 56. An Act to amend an Act creating a new charter for the City of Moultrie.
By Mr. Jones of Meriwether and Harris of Jefferson-
House Bill No. 62. An Act to amend the several acts levying a tax on dealers in cigars and cigarettes.

By Mr. Barrett of Stephens-
House Bill No. 65b. An Act making appropriations to cover the incidental expenses of the House of Representatives and of the Senate.

By Mr. Lankford of Toombs-
House Bill No. 66. An Act to provide for a system of public schools for the City of Vidalia.

438

JouRNAL OF THE HousE,

By Messrs. Palmer and Newton of Hall-
House Bill No. 69. An Act to amend the Charter of the City of Gainesville so as to provide and conduct an Industrial and Publicity Board.

By Mr. Tyson of Mcintosh-
House Bill No. 71. An Act to amend the Constitution to authorize the County of Mcintosh to increase its bonded indebtedness.

By Mr. Tucker of Herrin-
House Bill No. 73. An Act to amend the Charter of the City of Nashville.

By Messrs. Head and Camp of Cobb-
House Bill No. 77. An Act to amend an Act creating a new charter for the City of Acworth.
By Messrs. Lawton, Denmark and Alexander of Chatham-
House Bill No. 79. An Act to amend the several Acts entitled, "An Act to amend, revise and consolidate the several Acts relating to and incorporating to town of Warsaw.
By Messrs. Parrish and Brunson of Bulloch-
Hause Resolution No. 5. A Resolution authorizing the board of trustees of the Georgia Normal School, located at Statesboro, Georgia, be authorized to borrow money for the needs of said school.

By Mr. Lewis of Hancock-
House Resolution No. 24-65A. A Resolution relieving R. R. Tucker as principal and R. C. Tucker and others as sureties on a bond.

THURSDAY, APRIL 15, 1926.

439

By Mr. Griffin of Decatur-
House Resolution No. 29. A Resolution giving the Governor authority to accept in the name of Georgia a stone to be proffered by the Eighty Second Division Association for a memorial to the members of the Division and to have the stone transported to Cornay, France.

By Mr. Barrett of Stephens-
House Resolution No. 30. A Resolution making appropriations to meet deficiency in the general printing Fund for the year 1926.

By Mr. Mallard of Charlton-
House Resolution No. 44-82A. A Resolution providing for officials of House and Senate to remain five days after adjournment for the purpose of clearing up the work.

By Mr. Neill of Muscogee and Mr. Culpepper of Fayette-
House Resolution No. 52-83A. A Resolution that the House and Senate Journals of the Extraordinary sessions be bound and only three thousand and five hundred copies of the Acts be separately bound.

By Mr. Howard of ChattahoocheeHouse Resolution No. 50 (49). A Resolution providing
for the payment of pensions of confederate veterans who died since August 26, 1925, if the law will permit such payments to be made.
Respectfully submitted,
MALLARD of Charlt_on, Chairman.

440

JouRNAL OF THE HousE,

Mr. Winship of Bibb County, Vice-Chairman of the Committee on Pensions, submitted the following report:

Mr. Speaker:
Your Committee on Pensions has had under consideration the following House Resolution No. 49 and has instructed me as Vice-Chairman, to report the same back to the House with the recommendation that the same do pass:
House Resolution No. 49, do pass.
Respectfully submitted,
NAT R. WINSHIP of Bibb, Vice-Chairman.

Mr. R. S. Talmadge of Jasper County, Acting Chairman of the Committee on P~nsions, submitted the following report:
~VIr. Speaker:
Your Committee on Pensions has had under consideration the following Senate Bill No. 24 and has instructed me as acting chairman, to report the same back to the House with the recommendation that the same do pass as amended.
Respectfully submitted,
R. s. TALMADGE,
Acting Chairman.

By unanimous consent the following bill of the Smate was read the third time and placed upon its passage:

THURSDA.Y, APRIL 15, 1926.

441

By Mr. Ennis of the 20th-
Senate Bill No. 18. A Bill to be entitled an Act to amend the Charter of the City of Milledgeville, so as to allow paving and improvements.

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

On the passage of the bill the Ayes were 130, Nays 0.

The bill having received the requisite constitutional majority was passed.

Under the orders of the day the following Bills of the Senate were taken up for consideration and read the third time:

By Mr. Knight of the 6th-
Senate Bill No. 20. A Bill to authorize and empower the Boards of Trustees of local School Districts to borrow sufficient money for the operation of said schools, and for other purposes.

The following amendments were read and adopted:



Messrs. Harris of Jefferson and Hyman of Washington moved to amend Senate Bill No. 20, as follows:

By striking from line 3 of Section 4 of said Bill the word: "president," wherever it occurs, and inserting in lieu thereof, the word: "chairman."

Messrs. Alexander of Chatham, Matthews of Haralson and Lindsey of DeKalb moved to Amend Senate Bill No. 20, as follows:

Add at end of Section 1, the following words:

442

JOUR~AL OF THE'HOUSE,

Said fund or funds borrowed to be used only for purpose of paying teachers for the current year, and not for a longer period than 12 months.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 106, Kays 3.

The bill having received the requisite constitutional majority was passed as amended.
By Mr. Knight of the 6thSenate Bill No. 21. A Bill to amend an Act to Codify
the School Laws of this State, and for other purposes.
The following amendments were read and adopted:
Messrs. Hyman of Washington and Harris of Jefferson moved to amend Senate Bill No. 21, as follows:
By adding at the end of the caption of said Bill the following language, to-wit:
"By striking Section 116 of said Act and inserting in lieu thereof a new Section to be designated Section 116 to provide for the exemption of certain school property from taxation, from levy and sale under execution or order, and for other purposes."
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 105, Nays 1.

THURSDAY, APRIL 15, 1926.

443

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

The Speaker made the following Statement with reference to mileage of the members of the House convened in Extraordinary session, March 19, 1926, to-wit:

The Chair will state for the information of all of the members of the House, that while the Chair concurred in the opinion of the Court that the members were entitled to mileage who actually traveled in order to attend the extraordinary session called to convene on March 19th, 1926, as a matter of law, he disagrees with his Honor, the Judge, that such members were entitled only to traveling expenses actually paid, the opinion of the Chair being that the appropriation Act fixed by statute the amount of mileage at a definite sum of ten cents per mile and the Chair endeavored to have his Honor, Judge Humphries, modify his order in this respect, but His Honor declined so to do.

Therefore, it is the duty of- the Chair to make certificates in accordance with the order of the Court regardless of the Chair's opinion as to the law in the case.

In order to settle the question for all future time and to procure a construction by the Supreme Court of Georgia of the exact intent and meaning of the provision of the Constitution in question, the State Treasurer has appealed the cause by fast bill of exceptions. In the meantime, those members who are entitled to mileage under the Judge's order and who actually incurred traveling expenses in attending the session which convened on March 19, 1926, will kindly confer with the Chair in the Speaker's room, and the Chair will accept their statement as to the amount of their actual expenses and certify same accordingly.

With reference to all other members of the House who did not actually travel in order to attend the session, if the

444

JouRNAL oF THE HousE,

Supreme Court should reverse the order of his Honor, Judge Humphries, on the question of mileage, regardless of travel, the Treasurer will mail each member checks upon the rendition of the Supreme Court's opinion.

The following Resolutions were read and adopted:

By Mr. Howard of Chattahoochee-
House Resolution No. 50. A Resolution to provide for the payment of past due pensions of Confederate Veterans who died since August 26, 1925, if the law so provides.

By Messrs. Stone of Union and Hatcher of Burke-
House Re~olution No. 51. A Resolution in regard to "Forest Week" in the State of Georgia.

By Mr. Dykes o! Dooly-
House Resolution No. 52. A Resolution instructing the Clerk of the House to notify the Senate that the House has completed the business before it and stands ready to adjourn sine die.
By Mr. Dykes of Dooly-
House Resolution No. 53. A Resolution that the General Assembly of Georgia now stands ready to adj ourn sine die, and that upon adoption of this resolution a Committee composed of three from the House and two from the Senate be appointed to notify the Governor of this action, and for other purposes.
The Speaker appointed the following members of the House to notify the Governor:
Messrs. Alexander of Chatham, Rosser of Walker, and Wood of Fulton.

THURSDAY, .\PRIL 15, 1926.

445

Mr. Alexander of Chatham, Chairman of the Committee to notify the Governor, reported that the Governor had been notified and that he had no further communications to transmit to the General Assembly.

The Speaker made the fallowing remarks:

Before announcing sine die adjournment, permit your presiding officer to state that he deeply appreciates the honor of having been elected and having presided as Speaker of this House for the past three terms, included within which were seven sessions, five regular sessions of 50 days each and two extraordinary sessions of 38 and 51 days respectively, aggregating 339 days, and without one day's absence.

During this period of service, he has endeavored to be fare, just and impartial in enforcing the rules, without fear or favor, and with due regard to the obligations he owed to his God and his State; any failure in this respect were errors of the head and not of the heart.

Although this office is one of great labor and responsibility, your presiding officer can truly say that he has enjoyed the service; he has spent some of the most pleasant and delightful moments of his life in association with his fellow members.

While the membership of this body has been divided in opinion on most important economic questions your presiding officer accorded and still accords to each member the right to his own opinion, and believes that each of you have registered your votes conscientiously and with proper regard to your oaths of office and m carrying out your duty as you saw it, to your State.

The chair wishes to thank each member for every courtesy shown during the deliberations of this body, for your

446

JouRNAL OF THE HousE,

help and co-operation in aiding him in performing his duties; and regardless of any difference of opinion on any question, permit him to state that he has the kindest feeling for every one of you.

Your presiding officer is indeed happy that at the time of sine die adjournment there exists among all of the members a delightful spirit of comradeship and good will, in spite of the many controversial matters which have arisen.

He now bids to each of you a fond farewell, may each of you soon join your loved ones at home, and may the God we all love, honor and trust keep and preserve you and yours for many more years of happiness, and of service to our beloved State.

The Speaker announced the House adjourned SINE DIE.

INDEX
TO THE
HOUSE JOURNAL
EXTRAORDINARY SESSIONS 1926

INDEX

449

PART I

HOUSE BILLS

ADDRESSES-
By the Governor ---------------------------------------------------------------------- 11 By the Speaker ----------------------------------------------------------"-----_443, 445
APPROPRIATIONSFunds for 12th District A. & M_ School (48) ________________ 170, 175 Funds for 12th District A. & M. School (18) __________ 204, 235, 256 Salary of Asst. Commissioner of Commerce and Labor ( 27) --------------------------------------------------------------------- 205, 23 6, 3 98 Funds for Sixth District A. & M. School ( 40) ----------------------- 230 Expenses of Extraordinary Sessions (65b) ____________ 290, 301, 324 Deficiency in Printing Funds (68c) ________________________ 308, 361, 400
CHARTERS AND CORPORATIONS, MUNICIPALQuitman, Pave Streets ( 11) ______________________________________________43, 53
Marietta, Pave Streets (20) ----------------------------------------52, 75, 97 Marietta, Schools (21) ------------------------------------------------52, 90, 98 Baxley, Amend (26) ___________________________________________________ 62, 75, 98
Union City, Amend (27) ------------------------------------------ 62, 75, 99 Jackson, Amend (28) --------------------------------------------------63, 75, 99 Baconton, Amend (29) -----------------------------------------------63, 75, 99 Bainbridge, Amend (32) -------------------------------------------96, 113, 123 Swainsboro, Amend (33) ----------------------------------------106, 147, 160 Commerce, Amend (34) __________________________________________ 121, 147, 161
Millen, Amend (35) ------------------------------------------------122, 147, 161 Louisville, Amend (36) --------------------------------------------143, 153, 161 Wadley, Amend (37) _____________________________________________ 143, 153, 162
Perry, Amend ( 40) --------------------------------------------------151, 160, 175 Adel, Amend (53) ---------------------------------------------------------------- 173 Homerville, Amend (54) -------------------------------------------------------- 173 General System of Registration (6) ______________________ 201, 235, 330
McRae, Amend ( 13) ------------------------------------------------203, 222, 236 Commerce, IncorpQrate (25) _________________________________ 205, 222, 237
Swainsboro, Amend (28) ----------------------------------------206, 209, 223 Perry, Amend (30) -----------------------------------------------206, 209, 223 Adel, Amend (31) ---------------------------------------------210, 222, 237

450

INDEX

Homerville, Amend (32) ---------------------------------------210, 222, 238 Louisville, Amend (37) __________________________________________ 219, 250, 266
Wadley, Amend (38) ---------------------------------------------219, 250, 267 Hartwell, Amend (39) --------------------------------------------230, 250, 267 Millen, Amend (41) ------------------------------------------------231, 250, 267 Savannah, Amend (54) ----------------------------------261, 285, 293, 357 Moultrie, Amend (56) ------------------------------------------- 261, 282, 294 Atlanta, Police Pension (59) -------------------------------------------------- 283 Vidalia, Bonds for Paving (66) ------------------------------289, 324, 339 Gainesville, Publicity Board (69) _________________________ 308, 324, 339
Nashville, Paving (73) --------------------------------------------319, 339, 351 Acworth, Paving (77) --------------------------------------------334, 369, 3J7 Warsaw, Amend (79) --------------------------------------------349, 369, 377

CODE AMENDMENTS-
Section 2206, Repeal, Land Ownership (58) __________ 283, 361, 404 Section 1539, Repeal, Local Educational Tax (65) ________ 289, 323 Amend Section, Corporation Charters (80) _________:__________ 349, 357

COMMISSIONERS, COUNTYAppling County, Amend (25) --------------------- _____________ 62, 75, 98

COMMUTATION TAXWare County, Provide for (72) _____________ -------------------------------- 309

COMMITTEE ASSIGNMENTSNew Members _______________________________________ _45, 46, 47, 48, 61, 62

COMMITTEES, SPECIALNotify Governor ____ ------------------------------------------------------------------ 6 Escort Governor ---------------------------------------------------------------------- 11 Notify Governor --------------------------------------------------------------19 5, 444
COMMUNICATIONSState Highway Board ----------------------------------------------------------- 126 State Auditor -------------------------------------------------------------------------- 137 Governor, under House Resolution No. 2L_____________________________ 153

CONSTITUTIONAL AMENDMENTS-

Amend, Educational Boards (3) _____________ 42, 123, 148, 162, 176

Amend, Pay Pensions ( 4) ------------------------------------------------------ 42

Amend, Highway Bonds ( 5) -------------------------------------------------- 42

Amend, State Aid Roads (6) -------------------------------------------------- 42 Amend, Pave Tybee Road (8) ______________________________________42, 65; 78

Amend, State Aid Roads (12) -------------------------------------

43

INDEX

451

Amend, Pay School Teachers (14) ------------------------------------44, 123 Amend, State Highway Bonds (15)---------------------------------------- 44 Amend, Bonds for Roads ( 19) ------------------------------------------------- 52 Amend, Valdosta, Lowndes Co., Issue Bonds (24) 58, 75, 116
Amend, Road Bonds ( 41) ---------------------------------------------------- 151 Amend, Road Bonds ( 42) -------------------------------------------------------- 151 Amend, Certain Counties Collect Tax for Schools (47) ________ 170
Amend, Classification Tax (56)---------------------------------------------- 174 Amend, Educational Bonds (3) ______________ 201, 215, 243, 294, 301
Amend, Highway Bonds (8) -------------------------------------------------- 201 Amend, Issue Road Bonds (9) ________________________ 201, 293, 371, 378 Amend, School Teacher Bonds ( 11) ________________________ 202, 293, 412
Amend, Classification Tax (12) ------------------------------------- 202, 235 Amend, Vital Statistics (14)--------------~------------203, 222, 258, 268 Amend, Income Tax ( 17) -------------------------------------------------------- 203 Amend, School Tax in Fulton and DeKalb Counties
(29) ----------------------------------------------------------------------206, 222, 271 Amend, Valdosta and Lowndes Co. Bonds (33) ____ 210, 236, 274 Amend, State Highway Bonds (35) __________________________________ 218, 323
Amend, Art. 7, Sec. 1, Par. 1 (46) __________________ 245, 293, 402, 417
Amend, Road Bonds ( 47) ------------------------------------------------------ 245 Amend, Levy Tax for County Agents (64) ---------------------------- 284 Amend, Educational Taxation (68) ________________ 297, 338, 420, 428 Amend, Mcintosh Co. Issue Bonds (71) __________ 309, 338, 397, 413 Amend, Millage Tax for University of-Ga. (75) ____________________ 334 Amend, Annual Sessions of General Assembly (76a) ____________ 335

CORPORATIONS, DOMESTIC AND FOREIGNAmend Laws Regulating Non-par Stock (2) ________ 201, 215, 242 Domestication of Foreign Corporations (45) __________________ 245, 265 Authority to Charter ( 67) ___________________ --------------------------------- 289
CROPSBill of Sale (43) --------------------------------- ----------------------------231, 265
FUEL OILS, GASOLINE, ETC.-, Place Further Tax on Gasoline (5) 201, 330, 341, 346, 352, 370 Increase Tax on Gasoline ( 49) ---------------------------------------------- 246 Increase Tax on Gasoline (50) ---------------------------------------------- 246 Counties Assign 1c Gas Tax to Highway Board (51) ____246, 338
INVITATIONSTo Fort Valley _____ ------------------------------------------------------------------ 76

452

INDEX

JOINT SESSIONS-

Governor's Address ________________________

11

MEMBERS, NEWSworn in --------------------------------------------- ----------------------------------7, 59

MESSAGES, EXECUTIVE --------------------------------- ----------------------6, 59

MESSAGES, SENATE-5, 10, 96, 107, 108, 122, 125, 144, 159, 159, 163, 180, 181, 195, 219, 261, 262, 263, 290, 297, 309, 310, 320, 350, 350, 368, 374, 374, 383, 384, 395, 395, 395, 396, 411, 424, 431, 432 _________________________________ -------------------------- 433

MOTOR BUSSES-



Place Under Public Service Commission (24) ________________ 205, 236

MOTOR-VEHICLES-
Sales Tax On (7) ----------------------------------------- -------------------------- 42 Permanent Registration of (76) -------------------------------------------- 334

PENSIONSDiscount W. & A. Rentals to Pay Pensions (1) 41, 55, 58, 65 Discount W. & A. Rentals to Pay Pensions (9)______________________ 43 Discount W. & A. Rentals to Pay Pensions (10) __________________ 43 Discount W. & A. Rentals to Pay Pensions (13)____________________ 43
Repeal Script Act (23) ------------------------------------------------------- ____ 58 Pay Pensions of Confederate Veterans Who Died After
August 26, 1925 (31) -------------------- ______________________________ 73, 97
Mrs. Mary McCormick (38) ------------------------------------106, 113, 125 Discount W. & A. Rentals to Pay Pensions (38) ____________________ 151
Discount W. & A. Rentals, Pay Pensions (39)---------------------- 152 Ordinaries' Fees for Paying Pensions (51)---------------------------- 170

PENSIONS, SESSION No. 2-
Amend Act to Discount Rentals of W. & A. R. R. to Pay Pensions .( 1) --------------------------------------------------------200, 214, 226
Discount W. & A. Rentals, Pay Pensions ( 19) ------------------------ 204 Mrs. Mary McCormick, Pension (30c) ----------------------------207, 223 Pay Certain Past Due Pensions (34) ------------------------------211, 301 Ordinaries' Fees for Pensions (34d) ------------------------------------ 211 Ordinaries' Fees for Pensions (36) ________________________ 219, 265, 402
Pensions of Spanish War Veterans ( 68a) ---------.--------------------- 29 7 Mrs. Julia Boyd Houston (H. R. 40) ------------------------------376, 385 Pay Pensions to Widows (83) ----------------------------------------.410, 427

INDEX

453

PERSONAL PRIVILEGE-

Lanier of Columbia --------------------------------------------------------------- 54

Boswell of Greene ------------------------------------------------------------------- 158 McCrary of Schley ------------------------------------------------------------------ 159

Norman of Henry -------------------------------------------------------------------- 22 6 Ficklen of Wilkes ------------------------------------------------------------------- 369

Lindsay of DeKalb ------------------------------------------------------------------ 375

Jones of Merriwether -------------------------------------------------------------- 406

Flynt of Spalding ------------------------------------

___________________ 406

PRINTING, PUBLIC300 Copies of H. B. No. 3, H. B. No. 14, H. R. No. 21, and H. R. No. 22 ----------------------------------------------------------------------- 125 300 Copies of H. B. No.9 _______________ --------------------------------------- 371

PROCLAMATIONBy the Governor ______________________________________________________ 7, 163, 188

REAL ESTATEJudges Confirm Sales of (55) _____________________________________________ 261

RELIEF AS SURETIES-

Charlie Sharpe (H. R. 9) ______________________________________ 63, 76, 92

R. R. Tucker (65a) -------------------------------

_____ 290, 301, 312

REPORTS, SPECIAL COMMITTEES-

On Notifying Governor of Adjournment

184

Notify Governor ----------------------------- _______________

196

REPORTS, STANDING COMMITTEES-

Amendments to Constitution 64, 73, 122, 212, 219, 231, 291, 335 Appropriations _________________________________ 53, 54, 174, 232, 298, 360

Corporations

---------------------------- 220, 247, 292, 358

County and County Matters ___________________________________ 93, 299, 311

Education -------------------------- 63,-88, 145, 213, 24 7, 299, 321, 424

Enrollment ------------------------------------

_____ 105, 182, 265, 433

General Agriculture No. 2 ------------------------------------ _____________ 146

General Judiciary No. 1 ____________

__________________ 264, 292, 377

General Judiciary No. 2 _________ 214, 233, 264, 336, 359, 425, 427

Municipal Government ___ 74, 145, 152, 159, 220, 248, 284,

322, 336, 369, 425

Pensions _______ _

96, 107, 112, 221, 350, 384, 426, 440, 440

Public Highways Rules _________ _
Special Judiciary

- -------------- --- ----- - -------------- 322, 337' 359
---------------- 90, 169, 238, 239, 251, 396 --- ------------- _______________________ 75, 113, 300

454

INDEX

State of Republic ------------------------------------------------54, 89, 233, 323 University of Georgia and Branches ________________________________ 146, 234
Ways and Means -----------------------,------------ 234, 249, 311, 337, 376
SCHOOLS AND SCHOOL LAWSEqualize Educational Opportunities (2) ____________________41, 65, 77 Change School Year ( 16) ___________ --------------------------------44, 65, 84 Independent Systems to Merge (17) ____________________44, 65, 92, 100 Standards for School Buildings (18) ________________________44, 89, 108 Boards of Education to Borrow Money (22) ____________ 58, 147, 412
Standardize School Buildings ( 15) --------------------------------203, 215 Codify School Laws ( 16) ---------------------------------------------- 203, 250 Amend Section 67 of Ga. School Code (22) ____________________ 205, 215 School Districts to Borrow Money (44) _________________________ 231, 250 A. & M. Schools to Have Junior College Courses (53) ____ 246, 301 Richmond County, County School Superintendent (70) ________ 308

SERVICE BUREAUAmend Act Creating (21) _______________________ 204, 235, 287, 313, 385

SOFT DRINKSLevy Tax On All (81) --------------------------------------- ---------------------- 335

STATE HIGHWAYS-

Provide Revenue to Build Roads ( 45) ------------------------------------ 169

Provide Upkeep of Roads by Counties (49)_________________

169

Create Highway Fund for Maintenance (50) _______:______________ _ 170

Create Highway Maintenance Fund (52)__________________________ 170

Build Highways with Convict Labor (55)---------------------------- 173 Reorganize State Highway Department (56)____________________ 174

Use Convict Labor on Highways (4) ---------------------------------- 201 Reorganize State Highway Department (10) ________________________ 202

Create State Highway Fund (20) --------------------------------- 204, 360

Create State Highway Fund (26) --------------------------------------- 205

Reorganize Highway Department (52)__________________

246

Speeding on Highway (57) ----------------------------------------

283

Eliminate Grade Crossings on Railroads (7 4) --------------- 334, 426

Counties Keep Up State Aid Roads (78)------------------------------ 335

Maximum Load on Highways (82) ----------------------------------- 383

TAXES AND TAX LAWS-
To Amend Inheritance Tax Act (43) -------------------------------- _____ 152 To collect Inheritance Tax ( 44) -------------------------------------------- 169 Collect Inheritance Tax (7) ---------------------------------- 201, 235, 256 Amend General Tax Act, Insurance (41) ____ 230, 250, 278, 286

INDEX

455

General Tax Act ( 48) --------------------------------------------- ______

245



Levy Tax on Cigar Dealers (61) ------------------------------------------ 283 Amend Cigarette Tax Law (62) ----------------------------- 283, 338, 361

Franchise Tax on Corporations ( 63) ------------------------------------ 284

UNIVERSITY OF GA. AND BRANCHES-
Organize Teachers College at Americus (30) ____________________72, 147 Ga. Normal School at Statesboro to Borrow Money
(H. R. 33) -------------------------------------------------------------------17 4, 312 Organize Teachers College at Americus (23) ________ 205, 235, 364 Statesboro Normal School to Borrow Money (30b) ____ 206, 236 Pension Teachers of University of Ga. and Branches (60) 283

PART II. HOUSE RESOLUTIONS

Clerk Informs Senate -------------------------------------------------------------- 5 Notify Governor ___________________________________________________________c_________ 5

National Soldiers and Sailors Home ___________________________44, 55, 77

Tugalo River, Non-navigable Stream _______________________.44, 55, 77

Providing for Attachees of House____________________________________

44

Adjourn Sine Die, March 20th _______________ ------------------------ 52, 91

Judge Wm. B. Kent, Sympathy---------------------------------------------- 52

Adjourn from Friday Until Monday ------------------------------------ 53

Muscle Shoals ------------------------------------------------------------------- 63, 91

Heat, Hall of House ---------------------------------------------------------,------ 68

Miss Kempton, Courtesy Cards ---------------------------------------------- 68

Mr. Mallard, Sympathy ----------------------------------------------------72, 72 Adjourn Sine Die March 2nd ------------------------------------------ 72, 91 Market Bulletin, Publish Rights of Soldiers to Pensions _______ 89

Pension Commissioner to Comply with Act of Aug. 15, 1904 89

House Adjourn from Friday Until Monday--------------------------- 100

Relative to Service Bureau --------------------------------------------------- 101 Governor to Furnish Certain Information _______________________106, 113

State Auditor, Furnish Highway Information _______________ 106, 114

Public Service Commission to Investigate Freight Rates 112, 148 Instructions to Committee to Report H. B. No. 3________________ 114

State Auditor to Furnish Certain Information --------------------- 124

Adjourn from Thursday Until Monday ---------------------------------- 125 Reconsider Adjourning from Thursday Until Monday________ 143

Dorsey of White, Sympathy ---------------------------------------------------- 148

State Highway, Locate Additional Mileage --------------------------- 171 Senators Harris and George____________________________________________________ 173

456

INDEX

Limiting Individual Speeches ------------------------------------------------- 173

Heat, Hall of House ---------------------------------------------------------------- 174

General Assembly Adjourn to May 5th__________________________________ 176 Adjourn Sine Die -------------------------------------------------------------------- 177



Clerk to Notify Senate ------------------------------------------------------------ 195

Committee to Notify Governor ---------------------------------------------- 195

Relative to Mileage of Second Session____________________________________ 197

Public Service Commission Investigate Freight Rates________ 206

Pay of Attachees of House ---------------------------------------------------- 207 Pension Commissioner Furnish Information ____________________ 211, 224

State Highway Department Furnish Information ____ 211, 215, 224

James A. Holleman ------------------------------------------------------------------ 212 Senators Harris and George ---------------------------------------------------- 212 President Coolidge, Sympathy ---------------------------------------------- 212 Mrs. Maude Barker Cobb -------------------------------------------------------- 218 Fix Special Order __________ --------------------------------------------------------- 240

Adjourn Sine Die March 31st-------------------------------------------------- 240 Joint Committee to Investigate A. & M. Schools ________________ 247

Relative to New Matter --------------------------------------------------------- 247 Richard M. Bower ----------------------------------------------------------------- 282

Senator Cole Blease --------------------------------------------------------------- 282
Hon. J. A. J. Henderson --------------------------------------------------------- 289 Suspend Rule 43 --------------------------------------------------------------------- 294 Memorial to 82nd Division ______________________________________ 297, 324, 340

Sine Die Adjournment ----------------------------------------------------308, 315 House Bill No. 24, Special Order ------------------------------------------ 319 House Resolution No. 6, Special Order ---------------------------------- 319
House Bill No. 44, Special Order------------------------------------------- 319 House Adjourn from Friday Until Monday--------------------------- 329 Investigate School for Feeble Minded at Gracewood ____________ 335 House Have One Daily Session Only ______________________________ 365, 370

Hon. B. G. Tippens ------------------------------------------------------------------ 375 Adjourn Sine Die April 14, 1926 __________________________________ 381, 386

Instructing Highway Board to Discharge Chief Engineer

( 82b) ---------------------------------------------------------------------------- 383, 419 Adjourn Sine Die April 9th, immediate __________________________ 388, 401

Binding Journals -------------------------------------------------------------------- 3 91

Remain Over 5 Days---------------------------------------------- ________________ 391

Hon. L. L. Griffin --------------------------------------------------- ________________ 391

Relative to Passage of Pension Bill ---------------------------------------- 411

Hon. W. D. Hammack, Chaplain -------------------------------------------- 412

J. Fleming Bloodworth _____________ --------------------------------------- 423

Lumber City, Bridge Opening __

___________________________________ 423

INDEX

457

Payment of Past Due Pensions ------------------------------------------------ 444 Forest Week --------------------------------------------------------------------------- 444 Clerk to Notify Senate ---------------------------------------------------------- 444 Committee to Notify Governor -------------------------------------------- 444
PART III.
SENATE BILLS
CHARTERS AND CORPORATIONS, MUNICIPALMillen, Amend (S. B. No. 5) ____________________________________ 286, 361, 377 Milledgeville, Amend (S. B. No. 18) ______________________ 376, 427, 441
COMMISSIONERS, COUNTYLamar Co., Create (S. B. No. 8) ------------------------------------------ 286
CORPORATIONS, DOMESTIC AND FOREIGNProvide for Domesticating Foreign Corporations (S. B. No. 10) -----------------------------------------------------------------320, 339, 371
CROPSAdvances on Crops (S. B. No. 6) ____________________________ 286, 293, 342
FUEL OILS, GASOLINE, ETC.Counties Assign 1c Gasoline Tax to State Highway Board (Senate Bill No. 12) -------------------------------------------351, 419, 428
SCHOOLS AND SCHOOL LAWSIndependent Systems to Merge ---------------------------------------------- 106 Barnesville Board of Education (S. B. No. 3) ------------------------ 285 Local Boards to Borrow Money (S. B. No. 20) _____All, 427, 441 Codify School Laws (S. B. No. 21) _______________________All, 427, 442
SECURITIES COMMISSIONTo amend Act creating (S. B. No. 9) ______________________319, 423, 427
TAX COMMISSIONERLamar Co., Create (S. B. No. 2) ____________________________ 285, 312, 340

PART IV.

SENATE RESOLUTIONS

Notify Governor -------------------------------------------------------- ------------- 5

Joint Session, Addressed by Governor------------------------------------ 10

Relative Muscle Shoals _____________

------------------------------------ 96

Adjourn Sine Die March 16 _________________________________________________ 163

Notify Governor ---------------------------------------------------------------- ----- 195

I I
I I
I I
I I
I I
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j j j j j j j j j j j j j j j

I I

ACTS AND RESOLUTIONS
OF THE
GENERAL ASSEMBLY
OF THE
STATE OF GEORGIA
AT ITS
EXTRAORDINARY SESSIONS
FIRST, FEBRUARY 24th,1926, TO MARCH 18th, 1926 SECOND, MARCH 19th, 1926, TO APRIL 15th, 1926
COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE
19~G
BYRD PRINTING CO., ~tA.te Printers
ATLANTA. Ga.

TABLE OF TITLES
PART I.-PUBLIC LAWS
TITLE __________ I.-APPROPRIATIONS. __________ H.-TAXATION. __________ IlL-AMENDMENTS TO CONSTITUTION.
" __________ IV.-EDUCATION-8CHOOL LAWS.
__________ V.-MISCELLANEOUS CIVIL LAWS.
PART H.-LOCAL AND SPECIAL LAWS
TITLE ________ I.-COUNTY MATTERS. " __________ H.-MUNICIPAL CORPORATIONS.
PART IlL-RESOLUTIONS

TITLE

PART I.-PUBLIC LA\VS.
I.-APPROPRIATIONS. II.-TAXATION. IlL-AMENDMENTS TO CONSTITUTION. IV.-EDUCATION-SCHOOL LAWS. V.-MISCELLANEOUS CIVIL LAWS.

STATUTES OF GEORGIA
PASSED BY THE
GENERAL ASSEMBLY
AT THE
Extraordinary Sessions of 1926
First, February 24, 1926, to March 18, 1926 Second, March 19, 1926, to April 15, 1926
PART I.-PUBLIC LAWS
TITLE I.
APPROPRIATIONS
ACTS Expenses of Extraordinary Sessions. Salary of Assistant Commissioner of Commerce and labor. "Twelfth District School Administration Building.

8

PART I.-TITLE I.-APPROPRIATIONS.

Expenses of Extraordinary Session

Appropriation enactment.
Senate. President. Members.
Milea~e.

EXPENSES OF EXTRAORDINARY SESSION

No. 28, SECOND SESSION

An Act to make appropriations for the expenses of the Extraordinary Session of I926.

Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the sums of money herein set out, or so much thereof as may be needed, be and the same are hereby appropriated for the expenses of the Extraordinary Session of I926, to be paid in the same manner as similar expenses are paid for the regular session of the General Assembly, towit:

Section I. Senate.

Subsection I. Officers and members, I terns:

(a) For the compensation of the President of the Senate, per diem .......... .

10.00

(b) For the compensation of the members of the Senate, per diem .......... .
In addition to the above sum the President and Members of the Senate shall receive mileage at the rate of ten cents per mile.

7.00

Secretary. Mes11enger. Doorkeeper.
Mllea~e.

Subsection 2. Employees. Items:
(a) For the compensation of the Secretary of the Senate, per diem ........... .
(b) For the compensation of the Messenger of the Senate, per diem ........... .
(c) For the compensation of the Doorkeeper of the Senate, per diem ..... . In addition the Doorkeeper and Messenger of the Senate shall receive the same mileage as the members of the Senate.

60.00 7.00 7.00

pART I.-TITLE I.-APPROPRIATIONS.

9

Expenses of Extraordinary Session

Section 2. House of Representatives.

Subsection 1. Officers and Members. Items:

Houe

(a) For the compensation of the Speaker of the House of Representatives, per diem ............................ .

Speaker.
10.00

(b) For the compensation of members of the House of Representatives, per diem ............................ .
In addition to the above sum the Speaker and members of the House of Representatives shall receive mileage at the rate of ten cents per mile.

Members.
7.00
Milea~re.

Subsection 2. Employee~. Items:
(a) For the compensation of the Clerk of the House of Representatives, per diem ............................ .
(b) For the compensation of the Messenger of the House of Representatives, . perdiem ......................... .
(c) For the compensation of the Doorkeeper of the House of Representatives, per diem .................... . In addition the Messenger and Doorkeeper of the House shall receive the same mileage as the members of the House of Representatives.
(d) For the incidental expenses of the House of Representatives ......... .
(e) For the incidental expenses of the Senate ........................... .
(f) For indexing the Journals of the House of Representatives ......... .
(g) For indexing Journals of the Senate ..

Clerk.
70.00
Messenger.
7.00
Doorkeeper.
7.00
Incidental ex-
125.00 penses.
100.00
lndexin11
125.00 Journals. 125.00

10

PART I.-TITLE I.-APPROPRIATIONS.

Salary of Assistant Commissioner of Commerce and Labor.

Printing, supplies, repairs.
Assistants.
Printing of Manuals.

(h) For printing, stationary, supplies, furniture, repairs, for the General Assembly and for repairing and operating the amplifier in the Hall of the House or so much thereof as may be necessary. . . . . . . . . . . . . . . . . . . . . . . . . 4,000. 00

(i) For compensation of assistant doorkeepers, assistant messengers, and other attaches of the House, and of the Senate, not otherwise provided for, such sums as may be authorized by resolution of either branch of the General Assembly.

(j) For the printing of the 1925-1926 Manuals, or so much thereof as may be necessary. . . . . . . . . . . . . . . . . . . . . . .

500. 00

Section 3. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed.

Approved April 10, 1926.

SALARY OF ASSISTANT COMMISSIONER OF COMMERCE AND LABOR.
No. 35, SEcOND SEssioN.
An Act to appropriate the increased salary of the Assistant Cominissioner of Commerce and Labor from August 27, 1925, to December 31, 1925, as provided for in the Acts of 1925, page 141.

$208.06 payable immediately.

Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the sum of two hundred and eight dollars and six cents ($208.06) be and the same is hereby appropriated for the payment of the increased salary due and unpaid of the Assistant Cominissioner

PART I.-TITLE I.-APPROPRIATIONS.

II

Twelfth District School Administration Building.

of Commerce and Labor, from August 27, 1925, to December 31, 1925, as provided for by an Act approved August 27th, 1925, page 141, and that said sum shall immediately become available out of the general fund of the State Treasury.
Sec. 2. Be it further enacted by the authority afor~ said, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Approved April 17, 1926.

TWELFTH DISTRICT SCHOOL ADMINISTRATION BUILDING.

No. 11, SEcoND. SESSION.

An Act to appropriate to the trustees of the University

of Georgia for the use and benefit of the Twelfth Dis-

trict A. & M. School at Cochran, the sum of ninety-

five thousand dollars, to build and equip an administration building to replace the building recently

destroyed by fire, and for other purposes.

Section 1. Be it enacted by the General Asseinbly

of the State of Georgia, and it is hereby enacted by au-

$95,000 to build and

thority of the same, that there is hereby appropriated equip.

to the trustees of the University of Georgia, for the use

and benefit of the Twelfth District A. & M. School at

Cochran, the sum of ninety-five thousand dollars, to be

used in building and equipping an administration build-

ing to replace the building recently destroyed by fire.

Sec. 2. Be it further enacted, that the above amount

shall be available immediately upon the passage of this

bill, and shall be paid from the treasury of Georgia, upon Available warrant drawn by the Governor; provided, however, immediately.

that only such amounts be drawn as are required during

process of erection and completion of said building.

Sec. 3. Be it further enacted, that all laws or parts

of laws in conflict herewith are hereby repealed.

Approved April 1, 1926.

12

PART I.-TITLE !I.-TAXATION.

Cigar and Cigarette Tax.

TITLE II.
TAXATION
.-\CTS Cigar and Cigarette Tax. Estate and Inheritance Taxes. Exempting School Property from Tax. Insurance Agents, Occupation Tax on.
CIGAR AND CIGARETTE TAX.
No. 27, SECOND SEssiON.
An Act to amend an Act approved December 19, 1923, amendatory of an Act approved August 15, 1923, providing for an occupation tax on dealers in cigars and cigarettes, by amending the caption of said Act of December 19, 1923, by striking therefrom the words "so as to provide that the expenses of carrying out the provisions of said Act shall be defrayed out of the funds collected thereunder, and for other purposes," and substituting in lieu thereof the following: "so as to provide for the collection of said tax by the Commissioner of Revenue of the State of Georgia, to require the use of stamps as evidence of the payment thereof, and to prescribe the method of using same, and for other purposes," by striking from said Act of December 19, 1923, all of sections one, two, and three, and substituting in lieu thereof the following: "Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Act approved August

PART I.-TITLE II.-TAXATION.

13

Cigar and Cigarette Tax.

15, 1923, entitled 'An Act to levy a tax upon dealers in cigarettes and cigars; to provide for the collection of such tax; to require the use of stamps as evidence of the payment thereof; to prescribe penalties for the violation of this Act and the counterfeiting of such stamps; to provide rules of evidence for the trial of persons charged with the violation of this Act; to appropriate the funds raised by such tax for the purpose of building and equipping new buildings for the State Tuberculosis Sanitorium at Alto, and for the purpose of paying persons now due and to become due under the Acts of August 5th, 1919, August 18th, 1919, and August 19th, 1919, and for other purposes; be and the same is hereby amended by striking all of paragraph (b) of Section one, and inserting in lieu ther~of the following: (b) Each dealer shall pay said tax to the Commissioner of Revenue of the State of Georgia, who shall thereupon furnish to such dealer stamps of such design and denominations as may be prescribed by said commissioner of revenue; and it shall be the duty of each dealer to affix to each package of cigarettes and each box, package, or other container of cigars a stamp, or stamps, furnished by said Commissioner of Revenue, evidencing the payment of the tax imposed by this Act, and to cancel such stamps before said cigarettes or cigars are offered for sale, and for other purposes."'
Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the Act of lOU same, that the caption of an Act approved December amended. 19, 1923, amendatory of an Act approved August 15, 1923, providing for an occupation tax on dealers in cigars and cigarettes, be and the same is hereby amended by striking from said caption the words, "so as to provide that the expenses of carrying out the provisions of said Act shall be defrayed out of the funds collected thereunder, and for other purposes," and substituting in lieu thereof the following: "so as to provide for the collection

14

PART I.-TITLE Il.-TAXATION.

Cigar and Cigarette Tax.

of said tax by the Commissioner of Revenue of the State

of Georgia, to require the use of stamps as evidence of

the payment thereof, and to prescribe the method of using same, and for other purposes."

Sec. 2. Be it further enacted that the Act approved

December 19, 1923, amendatory of an Act approved

August 15, 1923, providing for an occupation tax on

dealers in cigars and cigarettes, be and the same hereby

amended by striking all of sections one, two, and three

Substitute section.

of said Act of December 19, 1923, and substituting in lieu thereof the following: "Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That

the Act approved August 15, 1923, entitled 'An Act to levy a tax upon dealers in cigarettes and cigars; to pro-

vide for the collection of such tax; to require the. use of stamps as evidence of the payment thereof; to prescribe

penalties for the violation of this Act and the counter-

feiting of such stamps; to provide rules of evidence for

the trial of persons charged with the violation of this

Act; to appropriate the funds raised by such tax for the

purpose of building and equipping new buildings for the

State Tuberculosis Sanatorium at Alto, and for the pur-

pose of paying pensions now due and to become due under

the Acts of August 5th, 1919, August 18th, 1919, and August 19th, 1919, and for other purposes,' be and the

same is hereby amended by striking all of paragraph

(b) of Section One, and inserting in lieu thereof the fol-

Tax pay- lowing: '(b) Each dealer shall pay said tax to the ment Stamps. Commissioner of Revenue of the State of Georgia, who

See 158 Ga. 633.

shall furnish to such dealer stamps of such design and

denominations as may be prescribed by said Commis-

sioner of Revenue; and it shall be the duty of each dealer

to affix to each package of cigarettes and each box, pack-

age, or other container of cigars a stamp, or stamps,

furnished by said commissioner of revenue, evidencing the payment of the tax imposed by this Act, and to cancel such stamps before said cigarettes or cigars are offered for sale."'

PART I.-TITLE 11.-TAXATION.

15

Estate and Inheritance Taxes.

Sec. 3. Be it further enacted, That all laws or parts of laws in conflict with this Act be and the same are hereby repealed.
Approved April 10, 1926.

ESTATE AND INHERITANCE TAXES

No. 10, SEcOND SESSION

An Act to amend an Act approved August 27, 1925, entitled, "An Act to assess and collect from estates in Georgia, subject to Federal Estate Taxes, 25 per cent of the amount found to be due as Federal taxes, for State Inheritance taxes; to provide how the same shall be determined and collected; to provide for taxing estates not returned within 12 months from the death of the decendent; to provide that no additional inheritance or estate tax shall be levied by the State; and for other purposes," by inserting between the words "may" and "die" in the fifth line of Section 1 of said Act the word "hereafter," by substituting for the word "twenty-five" in the sixteenth line of Section 1 of said Act the word "eighty," by adding at the end of Section 4 of said Act the words, ''and shall bear interest at the rate of one per cent. per month until paid," by inserting between the words "estates" and "under" in Section 5 of said Act the words, "of persons dying after the passage of this Act;" and for other purposes.

Section 1. Be it enacted by the General Assembly of

Georgia, and it is hereby enacted by authority of the

same, that from and after the passage of this Act the

Act approved August 27, 1925, entitled "An Act to as-

sess and collect from estates in Georgia,

subject to Fed-

Act of 1926 amended.

eral Estate taxes, 25 per cent. of the amount found to

be due as Federal taxes, for State Inheritance taxes; to

provide how the same shall be determined and~collected;

to provide for taxing estates not returned_within 12

16

PART I.-TITLE !I.-TAXATION.

Estate and Inheritance Taxes.

months from the death of the decedent; to provide that no additional inheritance or estate tax shall be levied by the State; and for other purposes," be amended in the following particulars:

(I) That Section 1 of said Act be amended by insert-

ing between the words "may" and "die" in the fifth line

thereof the word "hereafter," and by substituting for

the word "twenty-five" in the sixteenth line thereof the

To be read. word "eighty," so that when amended said Section shall

Sec. 1.

read as follows: "Section 1. Be it enacted by the General

Assembly of Georgia, and it is hereby enacted by the

authority of the same, that from and after the passage

of this Act it shall be the duty of the legal representative

Duty of legal of the estate of any person who may hereafter die a resi-

representa

tive.

dent of this State, and whose estate is subject to the pay-

ment of a Federal Estate tax, to file a duplicate of the

return \vhich he is required to make to the Federal au-

thorities, for the purpose of having the estate taxes de-

termined, with the State Tax Commissioner. When such

duplicate is filed with the said official, he shall compute

the amount that would be due upon said return as Federal

Estate Taxes under the Act of Congress relating to the

levy and collection of Federal Estate Taxes upon the

property of said estate taxable in Georgia, and assess

against said estate as State inheritance taxes eighty per

centum of the amount found to be due for Federal Es-

tate Taxes.

Sec. 4. lntere5t on execution.

(2) That Section 4 of said Act be amended by adding at the end thereof the words, "and shall bear interest at the rate of one per cent. per month until paid," so that when amended said section shall read as follows: "Section 4. Be it further enacted, that whenever the legal representative of any estate taxable under this Act fails to pay the amount assessed against said estate, within six months after notice from proper authority as to the amount to be paid, it shall be the duty of the Tax Collector of the County of the administration to issue execution for the amount of such tax against said estate,

PART I.-TITLE 11.-TAXATION.

17

Exempting School Property from Tax.

which execution shall be enforced by levy and sale, and shall bear interest at the rate of one per cent. per month until paid."

(3) That Section 5 of said Act be amended by insert-

ing between the words "estates" and "under" the words,

"of persons dying after the passage of this Act," so that

when amended said Section shall read as follows: Section Sec. 5.

5.

Be it further

enacted that

there shall be no

other

Future application.

inheritance tax assessed or collected out of estates of per-

sons dying after the passage of this Act, under the laws

of this State."

Sec. 2. All laws and parts of laws in conflict with this See 156 Ga.

Act be and the same are hereby repealed, except in so

601. 159 Ga. 162.

far as they may be applicable to estates of persons who

died before its approval.

Approved March 31, 1926.

EXEMPTING SCHOOL PROPERTY FROM TAX.

No. 34, SEcoxn SEsSION.

An Act to amend an Act to codify the school laws of Georgia, in compliance with the provisions of the Act entitled an Act to empower the State Superintendent of Schools, Attorney-General, the Chairman of the Senate and House Committee on Education, to codify the school laws, and for other purposes, approved July 20, 1918, by striking Section 116 of said Act and inserting in lieu thereof a new Section to be designated Section 116, to provide for the exemption of certain school property from taxation, from levy and sale under execution or order, and for other purposes.

Section 1. Be it enacted by the General Assembly of

the State of Georgia, and it is hereby enacted by authority

of the same, That from and after the passage of this Act,

Section 116 of the Act approved July 20th, 1918, entitled,

Act of 1918 amended.

"An Act to codify the school laws of Georgia, in com-

18

PART I.-TITLE !I.-TAXATION.

Insurance Agents; Occupation Tax On.

pliance with the provisions of the Act entitled an Act to

empower the State Superintendent of Schools, the At-

torney-General, the Chairman of the Senate and House

Committee on Education, to codify the school laws, and

for other purposes," be stricken from said Act, and that

a new Section in lieu of said striken Section be substi-

tuted, bearing the same number, and in the following

Substitute Sec. 116.

language, to wit: "Section 116. Each and every lot or

parcel of land which has been or may hereafter be ob-

tained by any County Board of Education, Independent

School District, or Consolidated School District for the

use of the Common Schools, or Common High Schools,

together with any buildings erected thereon for school

Land exempt ed.

purposes,

and

all

school furniture,

shall be exempt from

levy and sale under any execution or other writ or order

Limitation. in the nature of an execution; provided, the lot of land so exempted shall not exceed ten acres; and if there be

any excess over that number of acres, then that portion

not to exceed ten acres most convenient for school pur-

poses shall be exempt as aforesaid, the exempted portion

to be set off by order of County Board of Education, or

Boards of Trustees of Independent School Systems, or

Consolidated School Districts.''

Sec. 2. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed.

Approved April 17, 1926.

INSURANCE AGENTS, OCCUPATION TAX ON.
N 0. 18, SECOND SESSION.
An Act to amend paragraph 61 of section 2 of the General Tax Act approved December 19, 1923, as amended by the Act approved August 26, 1925, entitled An Act to provide for the collection of the special or occupation tax imposed by law upon insurance agents, and for other purposes.

PART I.-TITLE 11.-TAXATION.

19

Insurance Agents; Occupation Tax On.

Section 1. Be it enacted by the General Assembly of

the State of Georgia, and it is hereby enacted by autho-

Act of 1923 amended.

rity of the same, That paragraph 61 of section 2 of the

General Tax Act approved December 19, 1923, as amend-

ed by the Act approved August 26, 1925, entitled an Act

to provide for the collection by the Insurance Commis-

sioner of the special or occupation tax imposed by law

upon insurance agents, be and the same is hereby amend-

ed by striking, after the word ''business'' in line six of

the first paragraph of said paragraph 61, the following

words, to wit: "Provided, this shall not apply to the

agents of mutual fire associations or companies operating

solely on mutual obligations," so that said first paragraph

of paragraph 61 of section 2 of said Act, when so amended,

shall read as follows: "Paragraph 61. Insurance To be read.

Agents. Upon each local insurance agent doing business

in this State, and upon each and every solicitor or sub-

agent

for

any

resident

or

non-resident

company

doing

Local agents and solicitors

business in this State, $10.00 for each county in which taxed.

they shall transact or solicit insurance business."

Sec. 2.

Be it further enacted by the authority afore-

See Hoover v. Pate (162

said, That all laws and parts of laws in conflict with this

Ga.), decided April 19,

Act be and the same are hereby repealed.

1926.

Approved April 3, 1926.

20 PART I.-TITLE IlL-AMENDMENTS TO CONSTITUTION.
Additional School Tax for County with City of 200,000 Population.

TITLE III.

AMENDMENTS TO CoNSTITUTION.

ACTS
Additional School Tax for County with City of 200,000 Population. Chatham Public Road Bonds. Lowndes County Bond Issue for College. Mcintosh County Bonded Debt. Records of Vital Statistics. State Bond Increase to Pay Teachers. State Highway System.

ADDITIONAL SCHOOL TAX FOR COUNTY WITH CITY OF 200,000 POPULATION

No. 12, SEcoND SEssiON.

An Act to amend paragraph 2 of section 6 of article 7 of the Constitution of this State.

Be it enacted by the General Assembly of Georgia:

Section 1. That the following amendment to the

Art. 7, Sec. 6, par. 2.

Constitution of this State is hereby proposed, to wit:

6562.

By adding to paragraph 2 of section 6 of article 7 of the

Constitution the following words, to wit: "Further-

more, in any county in this State which has wholly or

partly within its boundaries a city of not less than 200,000

population, the county authorities thereof are hereby

Tax levy authorized.

authorized to levy a tax not exceeding 1 mill for educa-

tional purposes, on all the taxable property throughout

the entire county, including territory embraced in inde-

PART I . - T I T L E II I.-AMENDMENTS TO CONSTITUTION. 21
Additional School Tax for County with City of 200,000 Population.
pendent school systems, the same to be appropriated to the use of the county board of education and to educational work directed by them."
Sec. 2. This proposal being agreed upon by two third<~ of the members elected to each of the two houses of the General Assembly, the same shall be entered on their journals with the yeas and nays taken thereon; and the Governor is hereby directed to cause such amendment or amendments to be published in one or more newspapers in each congressional district for two months Publication. previous to the time of holding the next general election. At said election said proposed amendment shall be sub- Election. mitted to the people qualified to vote thereon. Those desiring to vote in favor of the same shall have written or printed upon their ballots the words, "For the consti- Ballots. tutional amendment authorizing taxation for educational purposes in counties having cities of more than 200,000 population wholly or partly within their boundaries." Those desiring to vote against the ratification of the amendment shall have written or printed on their ballots the words, "Against the constitutional amendment authorizing taxation for educational purposes in counties having cities of more than 200,000 population wholly or partly within their boundaries." If the people ratify such amendment or amendments by a majority of the electors qualified to vote for members of the General Assembly, voting thereon, such amendment or amendments shall become part of the Constitution of this State. The returns of the election shall be made in like manner as Returns. returns for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.
Sec. 3. Be it further enacted by the authority aforesafd, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Approved April 2, 1926.

22 PART I.-TITLE IlL-AMENDMENTS TO CONSTITUTION.
Chatham Public Road Bonds.
CHATHAM PUBLIC ROAD BONDS.
No. 9, FIRsT SEsswx.
An Act to propose to the qualified voters of the State of Georgia an amendment to the Constitution of the State of Georgia, to amend Article 7, Section 7, Paragraph 1, of the Constitution of the State of Georgia, as amended, by adding thereto the following words: Provided, the County of Chatham in this State can issue and sell, from time to time, bonds for the preparation for the paving and for the paving of Victory Drive, the road to Tybee, a public road of said County, from the end of the present asphalt paving thereon at Thunderbolt, or Warsaw, to the beginning of the present asphalt paving at Tybee, with concrete and/or asphalt and/or other suitable material, without the said assent of two thirds of the qualified voters at an election called therefor, but upon a three-fifths vote of the Commissioners of Chatham County and Exofficio Judges, with these limitations: First, the bonds shall be serial bonds, to be retired annually within a term of not to exceed ten years, bearing a rate of interest not to exceed five per cent. per annum, but otherwise in form fixed by said Commissioners; second, the amount of such issue shall not exceed the contract price bid for such preparation for and/or paving, by the lowest responsible bidder, upon competitive proposals, after previous advertisement once a week for four weeks inviting such proposals; provided, nevertheless, said Commissioners may use convict labor to prepare and/or pave said road, in whole or in part, together with or apart from any contract therefor; third, the principal and interest of said bonds shall be first paid by reasonable tolls, which are hereby authorized to be imposed and collected by said Commissioners, for the use of said road and its bridges, and only the deficiency, if any, of such tolls to meet such payments and the cost of maintaining said road and its bridges shall be paid out of

PART I.-TITLE IlL-AMENDMENTS TO CONSTITUTION. 23
Chatham Public Road Bonds.

other funds of said County during the term of said bonds; fourth, such indebtedness when incurred shall not be considered in determining the power of said County to incur any other bonded indebtedness," and for other purposes.

Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, as follows:

Section 1. That Article 7, Section 7, Paragraph 1,

of the Constitution of this State, as amended, be amended

Art. 7, Sec. 7, par. 1.

by adding thereto the following language: "Provided, 6563.

the County of Chatham in this State can issue and sell,

from time to time, bonds for the preparation for the pav- Bond issue. ing and for the paving of Victory Drive, the Road to

Tybee, a public road of said County, from the end of the

present asphalt paving thereon at Thunderbolt, or War-

saw, to the beginning of the present asphalt paving at

Tybee, with concrete and/or asphalt and/or other suit-

able material, without the said assent of two thirds of

the qualified voters at an election called therefor, but

upon a three fifths vote of the Commissioners of Chatham

County and Ex-officio Judges, with these limitations:

First, the bonds shall be serial bonds, to be retired annual-

ly within a term of not to exceed ten years, bearing a rate

Bonds, limitations.

of interest of not to exceed five per cent. per annum, but

otherwise in form fixed by said Commissioners; second, the

amount of such issue shall not exceed the contract price

bid for such preparation for and/or paving, by the lowest

responsible bidder, upon competitive proposals, after

previous advertisement once a week for four weeks in-

viting such proposals, provided, nevertheless, said Com-

missioner may use convict labor to prepare and/or pave

said road, in whole or in part, together with or part from

any contract therefor; third, the principal and interest

of said bonds shall be first paid by reasonable tolls, which

are hereby authorized to be imposed and collected by

said Commissioners, for the use of said road and its

24 PART I.-TITLE III.-AMENDMENTS.TO CONSTITUTION.
Chatham Public Road Bonds.

bridges, and only the deficiency, if any, of such tolls to meet such payments, and the cost of maintaining said road and its bridges shall be paid out of other funds of said County during the term of said bonds; fourth, such indebtedness when incurred shall not be considered in determining the power of said County to incur other bonded indebtedness."

Publication.

Sec. 2. Be it further enacted by the authority aforesaid, That whenever the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two houses of the General Assembly, and the same has been entered on their journals, with the yeas and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each Congressional District of this State, for two months next preceding the time of holding the next General election.

Election. Ballots.

Sec. 3. Be it further enacted by the authority aforesaid, that the above propo:;;ed amendment shall be submitted for ratification or rejection to the electors of this state at the next general election to be held after the publication as provided for in the second section of this Act, in the several election districts of this State, at which election every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment to Article Seven (7), Section Seven (7), Paragraph One (1), of the Constitution, authorizing Chatham County to issue bonds to pave the Road to Tybee;" and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, "Against ratification of the amendment to Article Seven (7), Section Seven (7), Paragraph One (1), of the Constitution, authorizing Chatham County

PART I.-TITLE 111.-AMENDMENTS TO CONSTITUTION. 25
Lowndes County Bond Issue for College.
to issue bonds to pave the road to Tybee." If a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for the ratification of said proposed amendment, when the results shall be consolidated as now required by law in elections for members of the General Assembly, the said amendment shall become a part of Article Seven (7), Section Seven (7), Paragraph One (1), of the Constitution of this State; and if ratified, the Governor shall, when he ascertains such ratification from the Secretary of State, to whom the Returns. returns shall be referred in the manner provided as in elections for members of the General Assembly, to count and ascertain the results, make his proclamation of the result by publication in one of the daily papers of this state, announcing such result, and declaring the amendment ratified. The said, when, shall be self-executing
Self-executive
and cumulative of the authority of said County to vote and cumuupon and issue bonds as provided in Article Seven (7), lative. Section Seven (7), Paragraph One (1), of the Constitution.
Sec. 4. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Approved March 19, 1926.
LOWNDES COUNTY BOND ISSUE FOR
COLLEGE.
No. 16, SECOND SEssiON.
An Act to propose to the qualified voters of this State an Amendment to Article Seven (7), Section Seven (7), Paragraph One (1), of the Constitution of Georgia, authorizing the County of Lowndes, or the City of Valdosta, or both, to increase the bonded indebtedness

26 PART I.-TITLE 111.-AMENDMENTS TO CONSTITUTION.
Lowndes County Bond Issu<> for Co1IeJ!(".

of said County of Lowndes, or City of Valdosta, or both, for the purpose of aiding in the establishing, maintaining, or endowing an educational institution of college rank, located or to be located within said County, whether same be owned or controlled by the State, County, or City, or not owned or controlled by the State, County, or City, and as memorial to Woodrow Wilson; provided said educational institution be non-sectarian and non-denominational.

Section 1. Be it enacted by the General Assembly,

and it is hereby enacted by authority of the same, that

Art. 7, Sec. 7, par. 1. 6563. Bonded debt of county or city, for col-
lell'e.

Article Seven (7), Section Seven (7), Paragraph One (1), of the Constitution of Georgia be and the same is hereby amended by adding thereto the following wqrds: "And except that the County of Lowndes or the City of Valdosta or both may incur a bonded indebtedness in addi-

Proviso. tion to the debts hereinbefore in this paragraph allowed

to be incurred, in an amount in the aggregate not exceed-

ing one million ($1,000,000.00) for the purpose of aiding

in establishing, maintaining, or endowing an educational

institution of college rank, located or to be located within

said county, whether same be owned or controlled by

the State or County or City or not owned or controlled

by the State or County or City, and as a memorial to

Woodrow Wilson, provided said educational institution

be non-sectarian and non-denominational, and provided

that such indebtedness shall not be incurred except with

the assent of a majority of the qualified voters of said

county or said city, as the case may be, and the assent

of two thirds (2-3) of the qualified voters of said county

or of said city, as the same may be, actually voting at an

election, or elections, for the purpose to be held as may

now or may hereafter be prescribed by law for the pur-

pose of incurring new debts by any county or munic-

ipality within this State. In the event this amendment

be ratified and becomes a part of the Constitution, and

in the event the bonds provided for are authorized,

validated, and sold as provided by law by said County of

PART I.-TITLE IlL-AMENDMENTS TO CoNSTITUTION. 27
Lowndes County Bond Issue for College.

Lowndes or the City of Valdosta or both, the County

Commissioners of Roads and Revenues of said County,

or the Mayor and Council of said City of Valdosta, as

the case may be, may pay over the proceeds of the sale

Payment of proceeds.

of said bonds to the Board of Trustees of such educa-

tional institution.

Sec. 2. Be it further enacted by the authority aforesaid, that when said amendment be agreed to by two thirds (2-3) vote of the members elected to each House, it shall be entered upon the Journal of each House with the ayes and nays thereon, and published in one or more Publication. newspapers in each congressional district of this State for two months previous to the time for holding the next general election, and shall at the next general election Election. be submitted to the people for ratification. All persons voting at said election in favor of adopting the said pro- Ballots. posed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment to Article Seven, Section Seven, Paragraph One of the Constitution, authorizing the County of Lowndes or the City of Valdosta, or both, to increase the bonded indebtedness of said County of Lowndes, or the City of Valdosta, or both, for the purpose of aiding in establishing, maintaining, or endowing an educational institution of college rank," and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment to Article Seven, Section Seven, Paragraph One of the Constitution, authorizing the County of Lowndes or the City of Valdosta or both to increase the indebtedness of said County of Lowndes or the City of Valdosta, or both, for the purpose in aiding in establishing, maintaining, or endowing an educational institution of college rank," and if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the result shall be consoliated as now required by law in elections for members of the General Assembly, then

28 PART I.-TITLE 111.-AMENDMENTS TO CONSTITUTION.
Mcintosh County Bonded Debt.
said amendment shall become a part of Article Seven, Section Seven, Paragraph One, of the Constitution of the State, and the Governor shall make proclamation therefor as provided by law.
Sec. 3. Be it further enacted, that all laws or parts of laws in conflict herewith are repealed.
Approved April 2, 1926.

MciNTOSH COUNTY BONDED DEBT.

N 0. 38, SECOND SESSION.

An Act to propose to the qualified voters of this State an amendment to Article Seven (7), Section Seven (7), Paragraph One (1), of the Constitution of Georgia, authorizing the County of Mcintosh to increase the bonded indebtedness of said County of Mcintosh, for educational purposes and also for the purpose of paying off any indebtedness that now exist or may hereafter exist against the Board of Education of Mcintosh County.

Section 1. Be it enacted by the General Assembly of

the State of Georgia, and it is hereby enacted by au-

thority of the same, that Article Seven (7), Section Seven

Art. 7, Sec. 7, par. 1.

(7),

Paragraph One

(1), of the Constitution of Georgia

6562.

be and the same is hereby amended by adding thereto

the following words: "Except that the County of Mc-

Intosh may incur a bonded indebtedness in addition to

the debts hereinbefore in this paragraph allowed to be

incurred, in an amount in the aggregate not to exceed

Bonded debt.

fourteen (14%) per centum of the taxable value of said county as shown by the tax-digest, for educational pur-

Purposes.

poses and also for the purpose of paying off any indebtedness that now exist or may hereafter exist against the

Proviso. Board of Education of Mcintosh County; provided that

PART I.-TITLE IlL-AMENDMENTS TO CONSTITUTION. 29
Mcintosh County Bonded Debt.

such bonded indebtedness shall not be incurred except

with the assent of a majority of the qualified voters of

said county, and the assent of two thirds of the qualified

voters of said county, actually voting at an election, or

elections, for that purpose to be held as may now or may

hereafter be prescribed by law for the purpose of incurring

new debts by any county or municipality within this

State. In the event this amendment be ratified and be-

comes a part of the Constitution, and in the event the

bonds provided for are authorized, validated, and sold

as provided by law by the said County of Mcintosh, the

County Commissioners of Mcintosh County shall

pay

Payment of proceeds.

over the proceeds of the sale of said bonds to the Board

of Education of Mcintosh County for the purpose herein

named.

Sec. 2. Be it further enacted by the authority aforesaid, that when said amendment be agreed to by two thirds vote of the members elected to each House, it shall be entered upon the Journal of each House with the ayes and nays thereon, and published in one or more newspaper in each Congressional District of this State Publication. for two months previous to the time for holding the next General election, and shall at the next general election be Election. submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment to Article Seven, Section Seven, Paragraph Ballots. One, of the Constitution, authorizing the County of Mcintosh to increase its bonded indebtedness for educational purposes," and all persons voting at said election. opposed to the adoption of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment to Article Seven, Section Seven, Paragraph One, of the Constitution, authorizing the County of Mcintosh to increase its bonded indebtedness for educational purposes," and if a majority of the electors qualified to vote for members of the General

30 PART I.-TITLE IlL-AMENDMENTS TO CONSTITUTION.
Records of Vital Statistics.
Assembly, voting thereon, shall vote for ratification thereof, when the result shall be consolidated as now required by law in elections for members of the General Assembly, then said amendment shall become a part of Article Seven, Section Seven, Paragraph One, of the Constitution of this State, and the Governor shall make proclamation therefor as provided by law.
Sec. 3. Be it further enacted that all laws or parts of laws in conflict herewith be and the same are hereby repealed.
Approved April 17, 1926.

RECORDS OF VITAL STATISTICS.

No. 17, SEcoND SEsSION.

An Act to amend paragraph two of section six of article seven of the Constitution of the State of Georgia, and for other purposes.

Section 1. The General Assembly of the State of

Georgia hereby proposes to the people of Georgia the

following amendment to the Constitution of the State of

Georgia, to wit: That paragraph two of section six of

Art. 7, Sec. 6, article seven be amended by adding at the end of said

par. 2. 6562.

section, after the clause, "and to provide for necessary

Clause added. See 160 Ga.

sanitation," the following words, to wit: "and for the col-

857.

lection and preservation of records of birth, death, disease,

and health."

Sec. 2. Be it further enacted by the authority aforesaid, That if the above proposed amendment to the Constitution shall be agreed to by two thirds of the members elected to each of the two Houses of the General Assembly the same shall be entered on their Journals, with the yeas and nays taken thereon, and the Governor shall cause

PART I.-TITLE 111.-AMENDMENTS TO CONSTITUTION. 31
State Bond Increase to Pay Teachers.
the said amendment to be published in one or more newspapers in each congressional district of the State for Publication. two months before the next general election; and the Governor is hereby authorized and directed to provide for the submission of said amendment to the people at said election. The persons voting at said election in Election. favor of said amendment shall have on their ballots the words: "For ratification of amendment to Article7, Section Ballots. 6, Paragraph 2, of the Constitution, providing for the collection and preservation of records of birth, death, disease, and health." The persons opposed to this amendment shall have on their ballots the words: "Against ratification of amendment to Article 7, Section 6, Paragr;1ph 2, of the Constitution, providing for collection and preservation of records of birth, death, disease, and health." If a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification of said amendment, the Governor, when he ascertains the same from the Secretary of State, to whom the returns from said election shall be referred in the same manner as Returns. in cases of elections of members of the General Assembly, to count and ascertain the result, shall issue his proclamation for one insertion in one daily newspaper of the State, announcing the result and declaring the ratification of said amendment.
Sec. 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Approved April 3, 1926.

STATE BOND INCREASE TO PAY TEACHERS

N 0. 40, SECOND SESSION.

The General Assembly proposes to the people of Georgia Art. 7, Sec. 3,

to amend Article 7,

Section 3, Paragraph 1, of the Con-

par. 1. 6568.

32 PART I.-TITLE IlL-AMENDMENTS TO CONSTITUTION.
State Bond Increa5e to Pay Teachers.

State debt increase.

stitution of Georgia, so as to authorize the contraction

Clause added. by or on behalf of the State of a debt in an amount of

not greater than $3,500,000 for the purpose of paying the

public school teachers of the State, by adding thereto the

following words: However, said debt may be increased

in the sum of $3,500,00 for the payment of the public-

school teachers of the State. So that said paragraph, so

amended, shall read as follows:

No debt shall be contracted by or on behalf of the State except to supply such temporary deficit as may exist in the treasury in any year from necessary delay in collecting the taxes of that year, to repel invasion, suppress insurrection, and defend the State in time of war, or to pay the existing public debt; but the debt created to supply deficiencies in revenue shall not exceed in the aggregate five hundred thousand dollars, and any loan made for this purpose shall be repaid out of the taxes levied for the year in which the loan was made. However, said debt may be increased in the sum of $3,500,000 for the payment of the public-school teachers of the State only. The principal amount borrowed for payment of teachers to be repaid each year out of the common school appropriation, and the interest paid thereon to be paid each year out of the general funds of the State.

Election. Publication.
Ballots.

Said amendment shall be submitted to the voters at the next general election. The Governor will cause such proposed amendment to be published in a newspaper in each Congressional District as provided by law. All persons voting at said election in favor of said proposed amendment shall have written or printed on their ballots the words: "For $3,500,000 Public School Teachers Salary Amendment to Article 7, Section 3, Paragraph 1, of the Constitution." All persons voting at said election against said proposed amendment shall have written or printed on their ballots the words: "Against $3,500,000 Public School Teachers Salary Amendment to Article 7, Section 3, Paragraph 1, of the Constitution."
Approved April 17, 1926.

PART I.-TITLE IlL-AMENDMENTS TO CONSTITUTION. 3 3
State Highway System.
STATE HIGHWAY SYSTEM.
No. 33, SEco~n SEssro~.
An Act to propose to the people of Georgia to amend Article Seven, Section One, Paragraph One, of the Constitution by adding thereto the following: "To construct and maintain a system of State highways."
The Governor will cause such proposed amendment to be published in a newspaper in each Congressional Art. 7, Sec. 1,
par. 1.
District as provided by law for the submission to the 6551. people at the next general election. Electors desiring to Clause added. vote for said proposed amendment shall vote, "For amend- Publication. ment to Article 7, Sec. 1, Par. 1, of the Constitution of Election. Georgia.'' Electors desiring to vote against said pro- Ballots. posed amendment shall vote, "Against amendment to Article 7, Sec. 1, Par. 1, of the Constitution of Georgia."
Approved April 17, 1926.

34

PART I.-TITLE IV.-EDUCATION-SCHOOL LAWS.

Americus Normal School.

TITLE IV.

EDUCATION-SCHOOL LAWS
ACTS
Americus Normal School. Borrowing by Local School Districts. Extra Appropriation to Common-School Fund. Merger of Independent School Systems. School Fiscal Year.

AMERICUS NORMAL SCHOOL.

No. 29, SECOND SESSION.

An Act to establish, organize and maintain, as a branch of the University of Georgia a normal school or teacher's college, to be located at Americus, Georgia, and to be known as the State Agricultural and Normal College, and to include therein the organization, plant, and equipment of the Third District Agricultural and Mechanical School; to provide for courses of study therein; to provide for a Board of Trustees therefor, and for other purposes.

Section 1. Be it enacted by the General Assembly

Normal

of the State of Georgia, and it is hereby enacted by au-

i;~t~'d~ estab- thority of the same, that there shall be and is hereby

established, at Americus, Georgia, on the tract of land

occupied by the Third District Agricultural and Mechani-

cal School, as a branch of the University of Georgia, a

Normal School for teachers to be known as the State

PART I.-TITLE IV.-EDUCATION--SCHOOL LAWS.

35

Americus Normal School.

Agricultural and Normal College, to which shall be admitted white students, citizens of this State, both male and female, and without charge for tuition therein.

Sec. 2. Be it further enacted by the authority aforesaid, that the plant, equipment, and property, both real Control and
use of prop-
and personal, of said Third District Agricultural and erty. Mechanical School, title to which is in the State of Georgia, shall be for the use of said State Agricultural and Normal College; and the Trustees of said Third District Agricultural and Mechanical School, for their respective terms, unless removed as hereinafter specified, shall have as full and complete authority for the management and control of said College as they now have over said Third District Agricultural and Mechanical School.

Sec. 3. Be it further enacted, that the local Board of

Trustees of said State Agricultural and Normal College Trustees.
shall be composed of nine members, three of whom shall

be appointed by the Chairman of the Board of Trustees

of the University of Georgia. The other members of

said local Board of Trustees shall be appointed by the

Governor of this State. Three shall be citizens of the

County of Sumter, and three shall be citizens of this

State residing outside of the County of Sumter. At the Apportion-

first appointment of such Trustees two shall be appointed

ment and terms.

by the Governor for a term of two years, two for a term

of four years, and two for a term of six years; but all

subsequent appointments shall be for a term of six years,

except in case of a vacancy by reason of death, resigna-

tion, or otherwise, when the Governor shall fill such

vacancy by appointment for the unexpired term. The

members of the Board of Trustees for the Third District Membership.

Agricultural and Mechanical School, in office at the time

of the passage and approval of this Act, shall also be

members of the Board of Trustees of the State Agri-

cultural and Normal College hereby created and estab-

lished, until the expiration of their respective terms of

office. When the terms of office of all of said District

36 PART I.-TITLE IV.-EDUCAT!ON-SCHOOL LAWS.
Americus Normal School.

School Trustees shall expire, the members of the Board of Trustees of said College shall be nine in number as hereinbefore provided. But nothing in the provisions of this Act shall deprive the Governor of the right to appoint any member of the Board of Trustees of said School a member of the Board of Trustees of said State Agricultural and Normal College under the provisions of this Act prior to the expiration of the term of office of such person as a Trustee of the said Third District Agricultural and Mechanical School.

Vacancies.

Sec. 4. Be it further enacted, That whenever it is made to appear to the Governor that any member of the Board of Trustees of said College has failed to attend two successive meetings of the said Board of Trustees without rendering an excuse in writing which is satisfactory and accepted by the Board, it shall be the duty of the Governor to declare his place vacant, and to fill the same in the manner hereinbefore provided for filling vacancies.

Expenses.

Sec. 5. Be it further enacted, That the members of the Board of Trustees of said College shall serve without pay, except that their actual expenses, while away from their places of residence attending on the meetings of the Board, shall be paid out of any fund in the treasury of said College available for such purpose.

Courses of study.

Sec. 6. Be it further enacted by the authority aforesaid, That said Trustees shall cause to be maintained in said College courses of study in general agriculture, home economics, and other subjects in connection therewith, and in addition shall require to be taught therein and added thereto at least two years of normal training for teachers similar to that taught in other colleges of like character; provided, however, said Trustees shall have ample authority by proper rules and regulations to provide for an election of courses of study in said College.

PART I.-TITLE IV.-EDUCATION-SCHOOL LAWS.

37

Americus Normal SchooL

Sec. 7. Be it further enacted, That the Chancellor

of

the

University

of

Georgia

shall

have

supervision

of

Supervision by Chan-

the said State Agricultural and Normal College, and its cellor.

management and operation as a Department of the Uni-

versity of Georgia. All diplomas and certificates issued

by said College shall be countersigned by said Chancellor,

who shall cause a record of same to be kept in his office

at Athens.

Sec. 8. Be it further enacted, That said Trustees
shall have authority to. create such officers of said Col- Officers and lege, and employ such teachers, and fix salaries of same, teachers.
as may be necessary to carry out the purpose of said
College herein set forth.

Sec. 9. Be it further enacted by virtue of the authority Diploma and aforesaid, That said College shall have the authority to certificates. give diplomas, certificates, and such other evidence of
work done as may be authorized by law or conferred and
given by other Colleges of like character and standing.

Sec. 10. Be it further enacted by virtue of the authority aforesaid, That nothing herein contained shall be Instruction.

construed as reducing the authority of the Trustees of

said College to provide for full instructions in the branches

of study heretofore and now prescribed for the students

in said School, it being the intention of this Act to enlarge

the scope and increase the usefulness of. said School by Teachers

maintaining

in

connection

therewith

and

as

a

part

of

t r a i n inK' school.

same a teachers training school for the State of Georgia

Sec. 11. Be it further enacted, That all appropriations

made to the Third District Agricultural and Mechanical

Appropriations.

School shall be for the use of said State Agricultural and

Normal College, as herein consolidated therewith.

Sec. 12. Be it further enacted, That all laws and parts of laws in conflict herewith are hereby repealed.

Approved April 13, 1926.

38 PART 1.-TITLF IV.-EDUCATION-SCHOOL LAWS.
Borrowing By Local School District.

BORROWING BY- LOCAL SCHOOL DISTRICTS.

N 0. 32, SECOND SESSION.

An Act to authorize and empower the board of trustees of local school districts levying a local school tax to borrow sufficient money, and no more, to pay for the operation of said school; to provide for the terms and conditions under which said money may be borrowed; to provide the method of repaying the same, and providing that no board of trustees of any local school district shall borrow an amount in excess of the local tax collected in the local school district, and for other purposes.

Section 1. Be it enacted by the General Assembly

of the State of Georgia, and it is hereby enacted by the r

Authority to borrow.

authority of the same, That the board of trustees of any

I

local school district levying a local school tax shall have

authority to borrow money in amounts not to exceed

the local tax collected on property within the district

during any current year, said fund or funds borrowed to

be used only for purpose of paying teachers for the cur-

rent year, and not for a longer period than twelve months.

Sec. 2. Be it enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, That in order for an board of trustees of any local school district to borrow money for the purpose hereinbefore Reoolution to stated, there shall be passed by said board of trustees a be recorded. resolution authorizing said money to be borrowed, in which resolution shall be stated the amount of money to be borrowed, the length of time the same is to be used, the rate of interest to be paid, and for what purpose borrowed, and from whom the same is to be borrowed; which resolution shall be by the Secretary of said board of trustees recorded in the minute-book of said board of trustees, and a copy of said resolution forwarded to the county superintendent of schools.

PART I.-TITLE IV.-EDUCATION--SCHOOL LAWS.

39

Extra Appropriation to Common School Fund.

Sec. 3. Be it enacted by the authority aforesaid, and

it is hereby enacted by the authority of the same, That

Period of time.

no money shall be borrowed for a longer time than is

necessary, and the same shall be paid back out of any Repayment.

funds coming into the hands of said board of trustees

from local district tax collected on property within said

district.

Sec. 4. Be it enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that Notes for after the resolution aforesaid has been passed, the chair- money. man of said board of trustees together with the secretary, shall have the right to execute the note, or notes, in the name of said board of trustees of said local school district for any money that it is authorized to borrow under the resolution passed by said board.

Sec. 5. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

Approved April 17, 1926.

EXTRA APPROPRIATION TO COMMON SCHOOL FUND.
No. 2, FIRsT SEssiON.
An Act to authorize and require the General Assembly to make an extra appropriation to the common-school fund for the purpose of equalizing educational opportunities to the children of the several counties of the State, and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That, in addition to the regular ap-

40

PART I.-TITLE IV.-EDUCATION-SCHOOL LAWS.

Merger of Independent School Systems.

propriation for the support of the public schools, the

Equalization fund.

General Assembly shall provide an equalization fund,

which shall be disbursed by the State Board of Educa-

tion for the purpose of more nearly equalizing the educa-

tional opportunities of the children of the several coun-

ties of the State. The State Board of Education, in its

Distribution. distribution of said equalization fund to County Boards

of Education for the purpose of equalizing educational

opportunities as between the several counties, shall take

into consideration the possible returns from taxable

values for school purposes, the extent to which local tax

aid has been utilized, the educational needs, and the local

inequalities existing in the several counties. No county

Counties not or independent system shall share in the equalization
aharin~r.
fund for any year unless it levies at least five mills for a

local tax for its public schools for that year.

(

Sec. 2. It is further enacted that all laws and parts /
of laws in conflict with this Act are hereby repealed.

Approved March 13, 1926.

MERGER OF INDEPENDENT SCHOOL SYSTEMS.
No. 11, FIRsT SEssiON
An Act to permit municipal or local independent school systems to repeal their independent systems and to merge into the county school system, and for other purposes.
Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that whenever the citizens of municipality or independent school districts authorized by law to establish and maintain a system of schools by local taxation, in whole or in part, and which is operating a system of public schools independent of the county-schools system,

PART I.-TITLE IV.-EDUCATION--SCHOOL LAWS.

41

Merger of Independent School Systems.

wish to annul their special school law and become a part

of the county-school system, they shall present and file

with the Mayor or chief executive officer of the city a

petition signed by one fourth

of the

qualified voters of

Petition of voters.

their territory, and said Mayor or chief executive officer

shall then within not less than twenty days and not more than sixty days thereafter call an election. Notice of Notice.

such an election shall be published once a week for two

weeks in the paper in which the sheriff of the county

publishes his advertisements, and posted at three public

places within the territory concerned, at least ten days

prior to such election. The election shall be held at the place and in the manner of usual elections. Those favor- Election.

ing the repeal of the independent local law shall have

written or printed on their ballots "For Repeal," and Ballots.

those against repealing their independent local law shall

have written or printed on their ballots "Against Repeal." The returns of said election shall be made to the Returns.

Mayor or chief executive officer, who shall declare the

result, and a majority of those voting shall be necessary Voters.

to carry the election. Only qualified voters residing

within the municipality or district for six months prior

to the election shall vote. An election shall not be held

for the same purpose oftener than every twelve months.

Sec. 2. Be it further enacted, that when the results. of

said election are declared and published in

favor

of

re-

School opera tiona.

pealing such independent or local school system, making

the territory included in said &j.:.Lo:;IH LIereby to become

a part of the county-school system, said independent or

local school system shall continue to function under its

local laws, organizations, and regulations until the county

board of education shall arrange for the operation by

them of such school or schools within said local system

as a part of their public-school system.

Sec. 3. Be it further enacted, that where any local or independent system is repealed by and in the manner Merger. provided in this act, the territory formerly included in

42 PART I.-TITLE IV.-EDUCATION-SCHOOL LAWS.
School Fiscal Year.

Tax rate.
Counties excluded.

such independent system shall become and constitute a school district of the county in which it is located, and shall enjoy the same privileges and shall be governed by the same laws as other school districts in said county, including the authority to levy local taxes for school purposes; provided that the rate for such taxation shall not exceed the rate allowed by law to other similar school districts. Provided, that nothing herein contained shall apply to counties having a population of 200,000 or more, according to the last or any other United States census.
Sec. 4. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Approved March 19, 1926.

SCHOOL FISCAL YEAR.

No. 42, SEcOND SEssiON.

An Act to amend Section 67 of the Georgia School Code which provides that the school year shall be coincident with the calendar year, be amended so that said Section when so amended shall provide that the school year shall begin July 1st and end June 30th of each year, beginning July 1, 1927, and for other purposes.

School Code amended.

Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That Section 67 of the School Code of Georgia be and the same is hereby amended by striking out the words "January 1st, 1895" in the first line thereof, and substituting therefor the words "July 1st, 1927;" and by striking out in the second and third lines thereof the words ' 4coincident with the calendar year, to wit: from January 1st to December 31st" and substitute therefor

PART I.-TITLE IV.-EDUCATION--SCHOOL LAWS.

43

School Fiscal Year.

the words "from July 1st to the next June 30th, inclusive, of each year"; and by striking out in the eighth line thereof the word "school," and substituting therefor the word "calendar," so that the amended part of said section when so amended shall read as follows: "Beginning with To be read. July 1st, 1927, and continuing thereafter, the school year shall be from July 1st to the next June 30th in- Year from clusive of each year thereafter; and the State School July 1. Superintendent shall, on or before the 1st Tuesday in December of each year beginning in 1894, or as soon thereafter as practicable, make an estimate of the entire common school fund for the State for the next succeeding calendar year."
Sec. 2. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed.
Approved April 17, 1926.

44

PART I.-TITLE V.-MISCELLANEOUS CIVIL LAWS.

Bill of Sale of Crops.

TITLE V.
MISCELLA~EOUS CIVIL LAws
ACTS Bills of Sale of Crops. Domestication of Foreign Corporation~. Non-Par Stock of Corporations. Pension Fees to Ordinaries. Pension Payments, Discount of Rentals for. Pension Payments, Amending Discount Art. Veterans' Service Bureau.
BILLS OF SALE OF CROPS.
No. 21, SEcoND SEsSION.
An Act to amend an Act entitled "An Act to authorize the securing of advances made for the purpose of planting, making, or gathering a crop or crops, by the giving of a bill of sale of such crop or crops under Section 3306 of the Civil Code, which shall cover and include all crops planted and grown within twelve months from such bill of sale, and for other purposes," approved August 22nd, 1925, so as to strike the requirement therein that the land upon which the crop or crops is or will be planted shall be described in said bill of sale, providing only that the crop or crops shall be described in such bills of sale with the same particularity as the laws of Georgia require for crop mortgages, and to provide that the bills of sale as authorized in said Act shall be superior to judgments of older date

PART I.-TITLE V.-MISCELLANEOUS CIVIL LAWS.

45

Bill of Sale of Crops.

than such bills of sale and to mortgages and bills of sale not given to secure the payment of debts created to aid in making and gathering the particular crops covered by such bills of sale, and for other purposes."
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act approved August 22nd, Act of 1925 1925, as referred to in the caption of this Act, being "An amended. Act to authorize the securing of advances niade for the purpose of planting, making, and gathering a crop or crops by the giving of a bill of sale of such crop or crops under Section 3306 of the Civil Code, which shall cover and include all crops planted and grown within twelve months from such bill of sale, and for other purposes," be and the same is hereby amended as follows: (a) By striking the words, "together with the land upon which the same is or will be grown," after the words "crop or crops" in the sixteenth line and before the words "shall be described" in the seventeenth line of Section One of said Act as printed in the official edition of the laws of Georgia of 1925, and by inserting after the words, "in said bill of sale" and before the words "and the amount" in the eighteenth line of said Section One as so printed as aforesaid, the words "with the same particularity as the laws of Georgia require for crop mortgages," and (b) By adding at the end of the first section of said Act the words, "but shall be superior to a judgment of older date than such bill of sale and to a mortgage or bill of sale not given to secure the payment of a debt created to aid in making and gathering the particular crop or crops covered by such bill of sale," so that said Section when so amended as aforesaid shall read as fol- To be read. lows: "Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, where advances either of money or supplies or both are made for the purpose of planting, cultivating, making, or harvesting a crop or crops, the borrower or

46

PART I.-TITLE V.-MISCELLANEOUS CIVIL LAWS.

Domestication of Foreign Corporations.

person to whom such money or supplies shall be furnished Bill of sale. may secure the same by a bill of sale to secure debt under
Section 3306 of the Civil Code of 1910, covering the crop or crops to be grown by him within twelve months from the date of such bill of sale, although such crop or crops may not be planted or growing at the time of the execution of such bill of sale: Provided, that the crop or crops Deacription shall be described in said bill of sale with the same parof crops. ticularity as the laws of Georgia require for a crop mortgage, and the amount of said advances in money or supTitle pasoes. plies shall be definitely stated and fixed therein. Such bill of sale shall pass title to the crop or crops covered thereby, and shall not be held or construed to be a mortLien superior. gage: Provided, that the bill of sale herein authorized shall not be construed to be superior to the lien of a landlord for rent and supplies or to a laborer's lien, but shall be superior to a judgment of older date than such bill of sale, and to a mortgage or bill of sale not given to secure the payment of a debt created to aid in making and gathering the particular crop or crops covered by such bill of sale."
Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and~the same are hereby repealed.
Approved April 8, 1926.

DOMESTICATION OF FOREIGN CORPORATIONS.
No. 20, SECOND SESSION.
An Act to amend an Act approved August 17, 1920, providing for the domestication of foreign corporations, so as to define the powers and privileges of such domesticated corporations and their stockholders, and to provide a method of surrendering or cancelling said domestication.

PART I.-TITLE V.-MISCELLANEOUS CIVIL LAWS.

47

Domestication of Foreign Corporations.

Section 1. Be it enacted by the General Assembly of

the State of Georgia,

that an Act approved August 17,

Act of 1920 amended.

1920, entitled an Act to authorize foreign corporations

doing business in the State of Georgia to become domesti-

cated, be and the same is hereby amended by striking

out in Section one of said Act, beginning in line seven

thereof, the following words: "And upon becoming domes-

ticated such corporations shall have the same powers as

similar corporations created under the laws of the State

of Georgia have," and substituting in lieu of said stricken

words the following words: "And upon becoming do-

mesticated such corporations and the stockholders there-

of shall have the same powers, privileges, and immuni-

ties as similar corporations created under the laws of

the State of Georgia and the stockholders thereof have,"

so that said Act when amended shall read as follows:

"Be it enacted by the General Assembly of the State of

Georgia, That all foreign corporations now doing busi- To be read.

ness in the State of Georgia, or which may hereafter do

business in the State of Georgia, and whose business is

not against the public policy of this State, shall have the

power to become domesticated in the manner herein-

before pointed out; and upon becoming domesticated

such corporations and the stockholders thereof shall have

the same powers, privileges, and immunities as similar Powers. eto.
corporations created under the laws of the State of Geor-

gia and the stockholders thereof have, subject to the

same obligations, duties, liabilities, and disabilities as

if originally created under the laws of Georgia, and shall

no longer have that power of removing causes to the

United States Courts which inheres in foreign corpora-

tions.''

Sec. 2. Be it further enacted by the authority aforesaid, That all foreign corporations thus domesticated Dissolution. shall be dissolved in the same manner and under same proceedings as are now provided for dissolution of domestic corporations.
Approved April 8, 1926.

48 PART I.-TITLE V.-MISCELLANEOUS CIVIL LAWS.
Non-Par Stock of Corporations.

NON-PAR STOCK OF CORPORATIONS.

N 0. 4, SECOND SESSION.

An Act to amend an Act entitled "An Act to alter, amend, and revise the several laws authorizing and regulating the issuing of non-par stock by corporations of this State, and for other purposes," approved August 22nd, 1925, by striking from the first section of said Act lines 21, 22, and part of 23, reading as follows: "Provided further, that no preferred stock may be issued or offered for sale by any corporation availing itself of the provisions of this Act."

Act of 1925 amended.

Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Section 1 of an Act entitled "An Act to alter, amend, and revise the several laws authorizing and regulating the issuing of non...par stock by corporations of this State, and for other purposes," approved August 22nd, 1925, be and the same is hereby amended by striking from Section 1 of said Act lines 21, 22, and part of 23, reading as follows: "Provided further, that no preferred stock may be issued or offered for sale by any corporation availing itself of the provisions of this Act," so that said Section as amended shall read as follows:

To be read.

"Section 1. Be it enacted by the General Assembly of the State of Georgia, That every corporation having capital stock heretofore or hereafter incorporated under the laws of this State, whether by the Secretary of State, by Act of the General Assembly, or by the Superior Court (including corporations with powers derived from two or more of such sources), except an insurance, banking, or trust company, may, upon its organization or thereafter in the manner hereinafter provided, create shares of stock with or without par value, and may create two or more classes of stock with such preferences, voting powers, restrictions and qualifications thereof as

PART I.-TITLE V.-MISCELLANEOUS CIVIL LAWS.

49

Pension Fees to Ordinaries.

shall be designated in its petition, declaration, or other application for incorporation, or be subsequently determined upon in the manner hereinafter provided: Proviqed, that before any corporation shall avail itself of the provisions of this Act it shall procure appropriate corporate authority therefor, in the manner provided by law, and the Secretary of State and the Superior Courts are hereby authorized to grant such powers to the several classes of corporations of which they now have jurisdiction to grant or amend charters: Provided further, stock. that there shall be but one class of common stock, each share of which shall stand upon an equality with every other share; Provided further, that before any such corporation can begin business as a corporation there must be at least $1,000.00 paid in for such non-par value common stock either in cash or in tangible assets at their fairly appraised valuation.
Sec. 2. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed.
Approved March 30, 1926.

PENSION FEES TO ORDINARIES.
No. 41, SEcOND SEssiON.
An Act to fix a fee of two dollars per capita, per annum, to be paid to the Ordinaries of the State of Georgia to compensate them for all services rendered by them~ connection with the Confederate pensioners and pension work in their respective Counties; to make provision for the payment of same; and for other puropses.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage

50

PART I.-TITLE V.-MISCELLANEOUS CIVIL LAWS.

Pension Fees to Ordinaries.

of this Act, including the year 1926, each Ordinary of

Fee of $2 for all services.

the State of Georgia shall be allowed a fee of two dollars

per pensioner, per annum, for preparing all papers, proofs,

and pay rolls and for securing, receiving, and paying out

the Confederate pensions to the various pensioners in

their respective Counties, which shall be in full settlement

for all the services to be performed in connection with

the pension work and pension disbursements of their

Counties.

Sec. 2. Be it further enacted, by the authority afore-

Payment, how made.

said, That saidfee of two dollars per pensioner, per annum,

~

shall be paid by the State of Georgia each year, out of

the unexpended balance of the pension fund, by a war-

rant of the Governor, granted upon the requisition of

the Commissioner of Pensions, to which requisition the

Commissioner of Pensions shall attach a certified state-

ment showing the amount due to the Ordinary of each

County after all the Ordinaries of the State have made a

full and complete settlement of their pension rolls for the

year, such warrant to be drawn against the unexpended

balance of the pension fund remaining in the Treasury

after all the pensioners have been paid for the current

year.

Sec. 3. Be it further enacted, by the authority afore-

Warrants. said, That the Governor is hereby directed and empowered

and it shall be his duty, to draw such warrants once

each year on the unexpended balance of the pension

fund remaining in the Treasury after all the pensions for

the year have been paid, and that no appropriation or

Appropriation not nec-

other provision shall ever be necessary to

authorize the

essary.

drawing of such warrant each year and the paying of the

same.

Payments to counties.

Sec. 3(a). Be it further enacted, that the sums herein provided for to be paid to the Ordinaries ofthe respective Counties shall be paid to the proper authorities handling the County funds in those Counties in which the Ordinaries draw a fixed salary.

PART I.-TITLE V.-MISCELLANEOUS CIVIL LAWS.

51

Pension Payments, Discount of Rentals for.

Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Approved April 17, 1926.

PENSION PAYMENTS, DISCOUNT OF RENTALS FOR.

No. 1, FmsT SEssiON.

An Act to authorize the Governor to set apart, sell, and discount the rental of the Western and Atlantic Railroad for a period of six years, and to provide for the expenditure of the fund arising therefrom, and for other purposes.

Section 1. Be it enacted by the General Assembly of

the State of

Georgia,

and it is hereby

enacted

by

the

Governor authorized to

authority of the same,

That the Governor of the State

discount rentals of

is hereby authorized, fully empo-wered, and directed to W. & A. R.

set apart, sell and discount not exceeding six years of

the rental arising from the existing lease of the Western

and Atlantic Railroad, as a special fund to be used

exclusively for the purpose of paying warrants drawn

against the same in accordance with the provisions of

this Act.

Sec. 2. Be it further enacted, That in order to enable

ll the State to meet its obligations due to Confederate

\
\

Soldiers and their widows for pensions due and unpaid Warrants

for the years 1922, 1923, 1924, and 1925, the Governor for pension.

of this State is hereby authorized, fully empowered, and

directed, to draw his warrant or warrants against the

special fund created by Section 1 of this Act, so held as

a special fund in the Treasury, for such sum or sums as

may be required to pay said pensions for said years

1922, 1923, 1924, and 1925, and the Governor is further

/

52

PART I.-TITLE V.-MISCELLANEOUS CIVIL LAWS.

Pension Payments; Amending Dbcount Act.

authorized, empowered, and directed, to discount said Discount. warrant or warrants so drawn against said special fund
and to place the proceeds arising therefrom in the Treasury to be disbursed for the purposes provided in this Act, in accordance with existing laws for the payment
i Countersig~ of pensions. Said warrants shall be duly countersigned '
nature.
by the Comptroller General. The holders of said war- I
Rig<hts of rants shall further have all of the rights and privileges
holders.
which the original obligees of said warrants have had against the State.
Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Approve~ March 8, 1926.

PENSION PAYMENTS; AMENDING DISCOUNT ACT.

No. 3, SEcOND SEsSION.

An Act to amend an Act approved March 8, 1926, entitled "An Act to authorize the Governor to set apart, sell, and discount the rental of the Western and Atlantic Railroad for a period of six years, and to provide for the expenditure of the fund arising therefrom," by striking the words "six years" in section one of )
(
said Act, and substituting in lieu thereof the words "eight years," and for other purposes.

Act of 1926 amended.

Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that Section 1 of an Act approved March 8, 1926, entitled "An Act to authorize the Governor to set apart, sell, and discount the rental of the Western and Atlantic Railroad for a period of six years,

\

PART I.-TITLE V.-MISCELLANEOUS CIVIL LAWS.

53

Veterans Service Bureau.

\
and to provide for the exp~mditure of the fund arising

therefrom," be and the same is hereby amended by strik-

ing the words "six years" wherever the same appear in said section, and substituting in lieu thereof the words To be read.

"eight years," so that said section when amended shall

read as follows: "Section 1. Be it enacted by the

General Assembly of the State of Georgia, and it is here-

by enacted by the authority of the same, that the Gov-

ernor of the State is hereby authorized, fully empowered,

Discount for eight instead

and directed to set apart, sell, and discount not exceeding of six years.

eight years of the rental arising from the existing lease

of the Western and Atlantic Railroad, as a special fund

to be used exclusively for the purpose of paying warrants

drawn against the same in accordance with the provisions

of this Act."

Sec. 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

Approved March 27, 1926.

VETERANS' SERVICE BUREAU.
N 0. 30, SECOND SESSION 0
An Act to amend An Act creating a service bureau for the purpose of assisting ex-service men and women in securing benefits now provided for them by the Federal Legislation, and providing for the salary and expenses of said Bureau, and to appropriate funds for the further needs of said bureau, and for other purposes.
Section 1. Be it enacted by the general assembly of the State of Georgia, and it is hereby enacted by authority Act of 1923 of the same, That an Act creating a service bureau for amended. the purpose of assisting ex-service men and women in securing the benefits now provided for them by the Fed-

54 PART I.-TITLE V.-MISCELLANEOUS CIVIL LAWS.

!

Veterans' Service Bureau.

Sec. 1 to be read.
Veterans Service Office.

eral legislation, and provid~ng for the salary and expenses of said bureau approved August 20, 1923, be and the same is hereby amended by striking out all of Section 1 of said Act following the word "created" in the third line thereof, and substituting in lieu thereof the following words: "to be known as the Veterans Service Office, State of Georgia, to be composed of one director, one assistant director, and the necessary stenographic and clerical help," so that said section as amended shall read as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, That a service bureau is hereby created, to be known as the Veterans Service Office, State of Georgia, to be composed of one director, one assistant director, and the necessary stenographic and clerical help."

Sec. 2 to be read.
Director and assistant. Terms of office.

Sec. 2. Be it further enacted by the authority aforesaid, that Section 2 of said Act be and the same is hereby amended by adding thereto the following words: "Said assistant director shall be appointed by the Governor on the recommendation of the director. The term or office of said director shall be for the first term after passage of this Act until December 31, 1927, and two years thereafter; the term of office of the assistant director shall continue for a period of 2 years only, at the end of which time said office of Assistant Director is then abolished except the Assistant Director may be sooner discharged by the director if in his opinion an assistant is no longer needed or the assistant is incompetent, but in no event shall the office of Assistant Director be continued for a longer period that 2 years. Sec. 2. Be it further enacted, That said director shall be appointed by the Governor and be chosen from ex-service who were in the military or naval service of the United States during the period between April17th,1917, and November 11th, 1918, and honorably discharged therefrom. Said assistant director shall be appointed by the Governor on the recommendation of the director. The term of office of said director shall be for the first time after

PART I.-TITLE V.-MISCELLANEOUS CIVIL LAWS.

55

Veterans' Service Bureau.

passage of this Act until December 31, 1927, and two years thereafter. The term of office of Assistant Director shall continue for a period of two years only, at the end of which time said office of Assistant Director is then abolished, except the Assistant Director may be sooner discharged by the Director if in his opinion an Assistant is no l-onger needed or the Assistant is incompetent, but in no event shall the office of Assistant Director be continued for a longer period than 2 years.

Sec. 3. Be it further enacted by the authority afore-

said, That Section 3 of said Act be amended by striking

the whole thereof and substituting therefor the following

which shall be the wording of said Section 3 as amended: Sec. 3 to be "Section 3. Be it further enacted by the authority read.

aforesaid, That the duties of said director shall be to Duties. disseminate information to veterans of the War with
f Spain, the World War, and to veterans of any war, mili-
) tary occupation, or military expedition since 1897, their

dependents and beneficiaries, as to their rights and bene-

fits under Federal legislation or legislation of this or any

other State heretofore or hereafter enacted; to assist

said veterans, their dependents, and beneficiaries in the

preparation and prosecution of claims before the ap-

propriate governmental departments; to report all evi-

dences of fraud, deceit, and unworthy claims coming or

brought to his attention to the department concerned;

to report all evidences of incompetency, dishonesty, and

neglect of duty of and by employees of any governmental

\ department to the proper authority; and generally to do

\
'

and perform all things possible for the interest and pro-

tection of the worthy veteran; and to co-operate with

the Georgia Departments, The United Spanish War

Veterans, the American Legion, the Disabled American

Veterans of the World War, the American Red Cross,

and all other agencies to these ends."

Sec. 4. Be it f\}rther enacted by the authority aforesaid, That Section 4 of said Act be amended by striking

56

PART I.-TITLE V.-MISCELLANEOUS CIVIL LAWS.

Veterans' Service Bureau.

the whole thereof and substituting therefor the following-

which shall be the wording of said Section 4 as amended :

"Section 4. Be it further enacted by the authority afore-

Sec. 4 to be read.

said, That the salary of said director shall be thirty-six

Salaries.

hundred dollars per annum, effective August 20, 1925, and the salary of said assistant director shall be twenty-

four hundred dollars per annum."

Sec. 5 to be read.

Section 5. Be it further enacted by the authority aforesaid, That Section 5 of said Act be amended by striking the whole thereof and substituting therefor the following, which shall be the wording of said Section as amended: "Sec. 5. Be it further enacted by the authority aforesaid, That in addition to the appropriations for salaries and expenses made by the General Appropriation Act for the fiscal years 1926 and 1927, Section 25, Subsection 1, the following sums are hereby appropriated:

Sums appropriated.

(a) To provide for deficiency to pay salaries and expenses of said bureau from August 20, 1925, to December 31, 1925, or so much thereof as may be necessary .. $1,950.00

(b) For salary of director from August 20, 1925 to December 31, 1927 ........... 2,838.71

For salary of assistant director from April 1, 1926 to December 31, 1927 .... 4,200.00

(c) For traveling expenses of said director
and assistant. . . . . . . . . . . . . . . . . . . . . . 1,000.00 ;
(

Sec. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be and they are hereby repealed.

Approved April 10, 1926.

\
\
PART II.-LOCAL AXD SPECIAL LAws. \
TITLE _______________ I.-COUNTY MATTERS. ___ 11.-MUNICIPAL CORPORATIONS.

(

PART !I.-TITLE I.-COUNTY MATTERS.

59

I

\

Appling Commissioners; Amending Act.

PART II.

TITLE I.-COUNTY MATTERS
ACTS
Appling Commissioners; Amending Act. Lamar Tax-Collector and Receiver.

APPLING COMMISSIONERS; AMENDING ACT.

No. 5, FIRST SESSION.

An Act to amend an Act approved July 29, 1915, and an amendment thereto approved August 15, 1922, to create a Board of Commissioners of Roads and Revenues for the County of Appling, State of Georgia, prescribe their powers and duties, to fix their compensation, and for other purposes.

Section 1. Be it enacted by the General Assembly of

the State of Georgia, and it is hereby enacted by author- Acts of 1916

ity of same, That the above described and entitled act

and 1922 amended.

and amendment thereto, being an act and an amend-

\

ment thereto to create a Board of Commissioners of

Roads and Revenues for the County of Appling, State

of Georgia, be and the same is hereby amended by strik-

ing from Section 14 of said amendment approved August

15, 1922, and beginning on the fifth line of said Section

14 after the word "year," the following words: "Nor

shall sa4l County Commissioners of Roads and Re-

venues of said County levy at any time any additional

tax to pay any future bonded indebtedness riot to pay

I
,I

60

PART 11.-TITLE I.-COUNTY MATTERS.

(

Lamar Tax-Collector and Receiver.

I

for any bonded indebtedness that may now be in the course of validation;" and by striking from said Section 14 of said Amendment approved August 15th, 1922, beginning on the twelfth line of said Section 14 of said Amendment, and immediately after the word "county" the said words: "But the grand jury of said County shall not have the right under the provisions of this Act and Amendment to recommend a tax levy for any future bond issue or any bond issue that may be in process of validation."
Sec. 2. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act and Amendments be and the same are hereby repealed.
Approved March 15, 1926.

LAMAR TAX-COLLECTOR AND RECEIVER.

No. 31, SEcOND SEssiON.

~

An Act to amend an Act entitled "An Act to consolidate the offices of tax-receiver and tax-collector of Lamar County, Georgia, into the office of Tax-Commissioner, as is provided in Paragraph 1, Section 3, Article 11 of the Constitution of the State of Georgia; to provide for the election of said Tax-Commi!>sioner, to provide for the compensation of said Tax-Commissioner; to / provide for the. bond of said Tax-Commissioner; to provide for the oath of said Tax Commissioner; and for other purposes," approved July 24, 1925, so as to provide that the said Tax-Commissioner of Lamar County, Georgia, shall receive as part of the compensation of his office the commissions now paid under the law by the State through the office of the Comptroller or otherwise to tax-receivers, and for other purposes.

', PART H.--TITLE I.--COUNTY MATTERS.'

61

----------------------------------------------------------

)-------------------L_a_m_ar--Ta_x_-c_o_u_ec_to_r_a_n_d_R_ec_e_iv-er_.- - - - - - - - - - - - - - - - -

{ Section 1. Be it enacted by the General Assembly of

( Georgia,

and

it

is

hereby

enacted

by

authority

of

the

Act of 1925 amended.

'.same, That Section 4 of the above Act approved July

24, 1925, be and is hereby amended by adding the fol-

lowing to said Section 4, to wit: "Except that said Tax-

Commissioner shall receive, as compensation in addition

to the compensation now allowed by la'v to tax-collectors,

the commissions now paid or may hereafter be paid by

\ the State through the Comptroller or otherwise to tax

\ receivers," so that when so amended said Section 4 shall

: read as follows: "Said Tax-Commissioner shall receive To be read.

\

as compensation for

his services the fees

and commis-

Compensation of tax-com-

sions now allowed the tax-collector of said county, as missioner.

set out in Section 1234 of the Civil Code of Georgia of

1910, together with all such other fees as may now be

allowed under the law to the tax-collector of Lamar

County and none other. Except that said tax-commis-

sioner shall receive as compensation, in addition to the

compensation now allowed by law to tax-collectors, the ~ commissions now paid or may hereafter be paid by the

State through the office of the Comptroller or otherwise

to tax-receivers."

Approved April 12, 1926.

62

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.

)

Acts.

(

TITLE II.

MUNICIPAL CORPORATIONS.

/

ACTS

j

Acworth Paving and Sewerage.

f

l

Adel Street Improvements.

'I

Baconton Street Improvements, and School System.

(

Bainbridge Street Improvements.

Baxley Street Improvements.

Commerce Registration of Voters.

Gainesville Industrial and Publicity Board.

Hartwell Street Improvements.

Homerville Registration of Voters.

Jackson Street Improvements.

Louisville Street Improvements.

Marietta Business License Tax.

Marietta Public Schools; Local Tax.

McRae Street Improvements.

l\Iilledgeville Street Improvements.

Millen Street Improvements.

Moultrie Street Improvements.

Nashville Street Improvements.

Perry Street Improvements. Quitman Street Improvements. Savannah Street Closing Authorized. Swainsboro Charter Amendments.

~

Union City Street Improvements.
I
Vidalia School Tax.

Wadley Street Improvements.

Warsaw Ad Valorem Tax.

''

PART II.-TITLE II.-MUNICIPAL CORPORATIONS.

63

>

\

Acworth Paving and Sewerage.

ACWORTH PAVING AND SEWERAGE.

No. 36, SEcOND SESSION.

An Act to amend an Act approved August 17, 1903,

establishing a new charter for the town of Acworth,

in Cobb County, so as to provide for the issuing of

)

bonds for paving the streets of said City of Acworth

~

I

and for the establishing, maintaining, and building

a system of sewerage, one or both; to extend the power

to levy and collect a tax of 1-4 of one per cent. pro-

vided for in the Act approved August 17, 1903, so as

to make same available for the purpose of paying the

expenses of said paving and sewerage, and for other

purposes.

Section 1. Be it enacted by the General Assembly of

the State of Georgia, and it is hereby enacted by authori- Act of 1903

ty of the same, that from and after the passage of this amended.

Act that the Act approved August 17, 1903, establishing

Section added.

a new charter for the town of Acworth, be and the same

is hereby amended as follows: by adding after section

22 of said Act the following section, to wit: Sec. 22-A.

Be it enacted by the authority aforesaid, that the Mayor

and Aldermen of the said City of Acworth are by this

Act authorized and empowered to submit to the voters

of said City, under the provisions of the Code of Georgia

of 1910, section 440 to 444 inclusive, the question of

issuing bonds in a sum not to exceed $25,000.00, and to

Paving and sewerage.

be sold for the purpose of paving the streets of said City,

and.

establishing,

building,

and

maintaining

a

system

Bond-issue election.

of sewerage, one or both of said purposes, for the said City

of Acworth; and at said election the ballots shall be

written or printed, "For paving and Bonds" or "For

Sewerage and bonds" or "Against Paving and bonds" or

"Against Sewerage and bonds" as the case may be.

Should the election or elections herein provide for re-

sult in favor of paving or sewerage, or both, then the

mayor and aldermen of said City of Acworth shall be

64

PART 11.-TITLE !I.-MuNICIPAL CoRPORATIONS.

<

/

Acworth Paving and Sewerage.

I

/

and they are hereby authorized and empowered to issue bonds for said purpose, not to exceed in the aggregate $25,000.00, each of said bonds to be in such sums as said Mayor and Aldermen may designate.

Sec. 2. Be it further enacted by the authority afore-

said, that said Act of August 17, 1903, be further amend-

Section added.

ed by adding the following section, to wit:

Section

(

Tax levy. 22-B. The tax of one fourth of one per cent. authorized )

by section 20 of said Act approved August 17, 1903, is

extended so as to authorize same to be used for the fur-

ther purpose of paying the interest on the bonds author-

ized by this Act on their maturity, subject to the other

restrictions set fourth in Section 20 of said Act approved

August 17, 1903.

Section added.
Additional elections may be called.

Sec. 3. Be it further enacted by the authority aforesaid that said Act of August 17, 1903, be further amended by adding the following section, to wit: Sec. 22-C. lf the election provided for in this Act for paving and sewerage, or both, should be against the issuing of bonds for either or both systems, the .Mayor and board of alderman of said city may, at their own instance, and shall, on the application of any ten freeholders of said city, at any time hereafter, order another election under the provisions of this Act; provided that such elections shall not be held oftener than once in every twelve months, and provided, that if said mayor and board of alderman should call an election for a vote only as to paving or sewerage and the same should be for issuing bonds for that purpose, they still may call another election at \lCh time as they may deem proper to vote as to issuing bonds for the other purpose.

Sec. 4. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with the above and foregoing be and the same are hereby repealed.

Approved April 17, 1926.

PART !I.-TITLE !I.-MUNICIPAL CORPORATIONS.

65

\

Adel Street Improvement~.

(

\



ADEL STREET IMPROVEMENTS.

No.7, SEcoND SEsSION.

An Act to amend an Act incorporating the City of Adel, approved July 29, 1919, as amended by two Acts approved July 19 1920, to and consolidate the Acts relating to the acts and powers of said corporation; to enact amendments thereto, and for other purposes, so as to empower the City of Adel to pave, macadamize, curb, and otherwise improve any of the sidewalks, footways, crosswalks, drains, gutters, streets, roads, lanes, alleys, or other public places, highways, or any portion thereof, within the corporate limits of the City of Adel, and to assess the cost of making such improvements, in whole or in part, against the abutting property and its owners benefited thereby; to provide for the apportionment and collection by legal process of such assessments, and to create a lien on such property therefor; to provide for the issuing of bonds to be known as "Street Improvement Bonds" to be negotiated by the City of Adel or otherwise in making provisions for the payment of the cost of such improvements; to provide for a special fund for the retiring of such bonds; and for other purposes.

Section 1. Be it enacted by the General Assembly of
Georgia, and it is hereby enacted by aut~ority of ~he ~~ 1~f2 J9I9
same, that the Act approved July 29, 1919, mcorporatmg amended. the City of Adel, as amended by two Acts approved July 19, 1920, be and the same is hereby amended by adding thereto the following provisions:

Sec. 2. Be it further enacted by the authority aforesaid, that whenever any of the sidewalks, footways, crosswalks, drains, gutters, streets, roads, lanes, alleys, or other public places or highways, or any portion thereof, within the corporate limits of the City of Adel, shall have been authorized under the laws and ordinances of the

66

PART H.-TITLE 11.-MuNICIPAL CoRPORATIONS.

Adel Street Improvements.

)

J

I

Apportionment and assessment of cost, etc.
Installments. Interest.

City to be paved, macadamized, curbed, or otherwise improved, and the contract for such improvements have been let and the cost of such improvements has been ascertained, which costs shall include all expenses incurred by the City incident to such improvements, the Mayor and Council of said City of Adel shall by written resolution apportion the cost and expenses of the same pro rata per front foot to the several tracts, lots, or parcels of land abutting upon the area covered by such proposed improvements, and shall then levy assessments against the said abutting property and the owners thereof in accordance with such apportionment and as hereinafter provided, which assessment shall be paid in ten (10) equal annual installments and shall bear interest at the rate of not exceeding six per cent per annum until paid, said interest payable annually.

Payments.

Sec. 3. Be it further enacted by the authority afore-

said, that the first installment of such assessment, to-

gether with interest to that date upon the whole, shall

be due and payable on the first day of December next

succeeding the date of the levy of such assessment, and

one installment, together with the yearly interest upon.

the amount remaining unpaid, shall be due and payable

on the first day of December in each succeeding year

until all shall have been paid; provided, nevertheless, that

any one or more of the owners of the property assessed

shall have the privilege of paying the amount assessed

against his property within thirty days from the date of

the passage of the resolution levying the assessments,

without interest, and thus relieve this property from the

lien of such assessment.



Special lien.

Sec. 4. Be it further enacted by the authority aforesaid, that such special assessment and each installment thereof, together with the interest on same, shall be a special lien against the lot, parcel, or tract of land so assessed, from the date of the resolution levying the assessment, coequal with the lien of other taxes, and prior and



PART 11.-TITLE !I.-MUNICIPAL CORPORATIONS.

67

Adel Street Improvements.
\ superior to all other liens against such lots, parcels, or tracts, and such liens shall continue until such assessment and interest thereon shall be fully paid.

Sec. 5. Be it further enacted by the authority afore-

said, that thirty days after the date of the passage of

said resolution apportioning and levying said assessments, Bond issue.

the said Mayor and Council shall by written resolution

provide for the issuance of bonds in the aggregate amount

of such assessments then remaining unpaid, bearing date

thirty days after the passage of the resolution levying

said assessment, and of such denominations as the said

Mayor and Council may determine, which bonds shall City not !la-

in no event become a debt or liability of the City of Adel bie.

by reason of its issuing the same for the purpose herein

specified. One tenth in amount of any such series of Maturity or

bonds, with interest upon the whole amount of such series bonds.

up to the first day of January next succeeding the matur-

ity of the installment of the assessment, as hereinbefore

provided, shall be payable on the date; and one tenth

in amount of such issue of bonds, together with the annual

interest on the whole amount thereof remaining unpaid,

shall be payable on the first day of January of each suc-

ceei"ng year until all installments shall have been paid.

Sue bonds shall bear interest at a rate not to exceed six Interest.

per cent. per annum from their date until maturity,

payable annually, and shall be designated "Street Im-

provement Bonds," and on their face recite the streets or

other public places for improvement of which they have

been issued, and that they are payable solely from assess-

ments which have been levied upon lots, parcels, and

tracts of land benefited by such improvements under the

authority of this Act.

Said bonds shall be signed by the

Signature and seal.

Mayor and attested by the Secretary and Treasurer of

the City of Adel, and shall have the impression of the

coporate seal of said City thereon, and shall have interest

coupons attached, and all bonds issued by authority of

this Act shall be payable at such place, either within or

without the State of Georgia, and may be designated by

68

PART II.-TITLE 11.-MuNrcrPAL CoRPORATIONS.

Adel Street Improvements.
J
/ the Mayor and Council of the City of Adel. Said bonds

Proceeds of sale of bonds.

shall be sold at not less than par, and the proceeds there-

of applied to the payment of the contract price and other

expenses incurred in the making of such improvements;

or sucli bonds may in whole or in part be negotiated and

delivered to the contractor, at not less than par value,

in payment of any amount due him on his contract, and

any portion of the bonds not so negotiated and turned

over to the contractor may be sold or otherwise disposed

of by said Mayor and Council and not less than par value,

and the proceeds applied to any expenses incident to

and incurred by the City in providing for such improve-

Re~ristry. ments. Said bonds shall be registered by the said Secre-

tary and Treasurer in a book to be provided for that

purpose, and a certificate of registration by the Secretary

and Treasurer of the City of Adel shall be by him endorsed

upon each of said bonds.

Assessments payable.
Account of eollectlons.
Executions.

Sec. 6. Be it further enacted by the authority aforesaid, that the assessments provided for and levied under the provisions of this Act shall be payable by the person owning the said lot, parcel, or tract of land on the first day of December each year, together with the interest thereon, to the secretary and treasurer of the City of Adel, who shall give proper receipts for such payments; provided, that if the levy of such assessment is made after September 1st, the first installment and interest shall become due and payable on Decembder the 1st of the succeeding year. It shall be the duty of the Secretary and Treasurer of the City of Adel to keep an accurate account of. all such collections made by him, and such collections shall be kept in a separate fund to be used for and applied to the payment of such bonds and the interest thereon, and for no other purpose. It shall be the duty of the said Secretary and Treasurer upon default in payment of the principal or interest of any assessment or installment herein provided for, at the maturity thereof, to promptly issue an execution against the lot, parcel, or tract of land assessed for such payment and against the owner of the

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.

69

'<

Adel Street Improvements.

\

\

\

I property, for the full amounts thus becoming due and un-

paid, and to forthwith turn over such execution to the

Chief of Police of said City of Adel, who shall promptly

levy the Same UpOn the real estate liable for the aSSeSS- Levy and eale.

ment and previously assessed for such improvement; and

after advertisement and other proceedings as in the case

of sale for City taxes, the same shall be sold at public

outcry to the highest bidder, and such sales shall vest an

absolute title in the purchaser subject to the lien of the Title.

remaining unpaid installments with interest thereon; pro-

vided, however, that the defendant in execution shall have

the right to file an affidavit of illegality denying that the Illecality.

whole or any part of the amount for which the execution

issued is due, stating what amount (if any) he admits to

be due, which amount shall be admitted to be due shall

be paid before the affidavit is received. All such affidavits
\ shall set forth in detail the reasons why the affiant claims Return ana

the execution is proceeding illegally and, when received triaL

by the Chief of Police, shall be returned by the said Chief

of Police to a Justice Court or to the Superior Court if

the amount of execution is one hundred dollars or less,

and to the Superior Court only if the amount contested

is over one hundred dollars, and there to be tried and the

issue determined as in the case of illegality, subject to

all fines and penalty provided bylaw in such cases for delay.

..- Sec. 7. Be it further enacted by the authority afore-
said, that the entire expense of constructing, paving, ::,:~:e a:~~ macadamizing sidewalks, footways, streets, alleys, curb- !~u~f;~~t ing, drains and gutters along the sides of all public thor- pr.operty.
\oughfares in the City and 'such other street improvements as are authorized by this Act, together with the whole cost of all materials used in making such improvements,
shall be assessed against the property abutting on such thoroughfares and receiving the benefits of such improvej ments and shall be paid by the owners of such property,
according to its frontage thereon.

Sec. 8. Where the right of way of any railroad company crosses any public thoroughfare within the corporate ~.~1!~~!~~

70

PART !I.-TITLE !I.-MUNICIPAL CORPORATIONS.

r

Adel Street Improvements.

i

I

I

i

limits of the City of Adel, any railroad company is, for ',

all the purposes of this Act, to be deemed to be the owner

of the property on each side of such thoroughfare to the

extent of the entire width of said right of way, irrespec-

tive of the use to which the same may be put or the por-

tion thereof actually occupied by its tracks, and where the

right of way of any railway company abuts any public

thoroughfare within the corporate limits of the City of

Adel, or when such right of way extends over or into or

overlaps any public thoroughfare within the limits of the

City of Adel, such railroad company, for all the purposes

of this Act, is deemed to be the owner of the property on

the side of such thoroughfare on which said right of way

abuts such thoroughfare or extends over or into or over-

laps the same, to the extent of the entire distance along

such thoroughfare that such right of way abuts, extends

over or into, or overlaps the same, irrespective of the

use to which the said right of way may be put or the

portion thereof actually occupied by the track or tracks

of such railway company. Any and all property owned

by the County of Cook, lying within the corporate limits

of the City of Adel and abutting upon any public thor-

oughfare, shall be assessable for any and all public im-

provements authorized by this Act, in the same manner

and to the same extent as such property would be if

owned by any private individual, without regard to the

use made by the county of such property. Any and all

property owned by the City of Adel,. exclusive of streets,

alleys, and sidewalks, abutting upon the any thorough-

/ fare shall be assessable for any and all public improve-
ments authorized by this Act, and in the same manner and to the same extent as such property would be

if owned by any private individual, without regard to use made by the City of Adel of such property~ Any

\
I

assessment to be borne by the City of Adel may be paid

out of the general funds of any special fund provided for

that purpose.

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.

71

Adel Street Improvements.

Sec. 9. Be it further enacted by the authority aforesaid, that the said Mayor and Council of the City of Adel ::~.!:::t~~ai may, in its discretion, by proper written resolution provide for and require the payment of the interest on the bonds authorized to be issued in accordance with the provisions of Section 5 of this Act, semi-annually on the first day of January and the first day of July, instead of annually. In levying the assessment against property owners for such public improvements as are authorized by this Act the said Mayor and Council may require the installment of interest of such assessments to be paid semi-annually on the first day of December and the first day of June each year, instead of annually as provided in Sec. 2 of this Act.

Sec. 10. Be it further enacted by the authority aforesaid, that whenever the Mayor and Council of the City Publication or
resolution_
of Adel shall deem it necessary to make any of the im-

provements provided for in this Act, and shall have passed the written resolution as provided for in Sec. 2 of

this Act, said resolution shall be published by the Secretary and Treasurer in two consecutive issues of the Adel News, or any other newspaper in which the Sheriff's

advertisements of Cook County are published, and a time shall be designated in said notice not less than five days

or more than ten days from the last publication of said

notice

for

a

public

hearing

before

the

said

Mayor

and

Hearing of objections.

Council of the City of Adel, at which time all parties at

interest may appear in person or by attorney and urge

any objection or objections that they may have to the

improvements so contemplated, and the Mayor and Coun-

cil of the City of Adel shall be required to hear, pass upon,

and determine such objections, and may modify, alter'

amend, or repeal said resolution at such hearing. In the

event a material alteration or amendment shall be made

to the said resolution, said resolution as amended shall

be published as a new resolution as provided for in this

Act.

72

PART 11.-TITLE H.-MUNICIPAL CORPORATIONS.

Baconton Street Improvements and School System.

Sec. 11. Be it further enacted by the authority afore-

Authority baaed on pe-

said, that the Mayor and Council of said City of Adel

tition of ownus of proper-

shall not have authority to pass any ordinances or reso-

ty.

lution which gives to the City of Adel the right and author-

ity to make any of the improvements designated in this

Act, or levy assessments provided for herein, unless and

until fifty-one per cent, or more, of the abutting property

owners on the street or project upon which the improve-

ments are desired shall have petitioned the Mayor and

Council, setting forth the improvements desired; and be

it further enacted that Section 2 of this Act shall not be of

force and effect until the provisions of this Section have

been complied with.

Sec. 12. Be it further enacted by the authority afore-

said, that all laws and parts of laws in conflict with this

Act be and the same are hereby repealed.

/

Approved March 31, 1926.

BACONTON STREET IMPROVEMENTS AND SCHOOL SYSTEM.
N 0. 8, FIRST SESSION.
An Act to amend the Act creating and establishing a new charter for the town of Baconton, to declare the rights, powers, and privileges of said corpor.ation, and for other purposes, approved August 13, 1910, so as to authorize said town of Baconton to pave, grade, drain, and otherwise improve for travel the streets, lanes, avenues, roads, and sidewalks of the town, and to assess, levy, and collect certain portions of the cost out of the abutting property, and so as to authorize said town to establish and maintain public schools by local taxation after such question has been submitted t6 and approved by two-thirds majority of the voters at an election held for deciding such question, and for other purposes.

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.

73

Baconton Street Improvements and School System.

Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same:

Se~tion 1. That the Act entitled "An Act creating and establishing a new charter for the Town of Bacon- Act ot 1010 ! ton, to declare the rights, powers, and privileges of said amended.
\ corporation, and for other purposes," approved August 13, 1910, be and the same is hereby amended by adding the following provisions thereto, to wit:

1. The Town of Baconton shall have the power and

authority, by ordinance, to pave, grade, and curb and A

drai.n the stree_ts, 0 f the T own, and

Janes, avenues, roads, an to repave, regrade, recurb,

d a

nSd"I dreewdraaJ1k. ns

! onr e ssst rme eetn t s tmprovemente.

or repair the paving, grading, curbing, and drainage of

the same and to assess two thirds of the cost of same

against the lots, parcels, or pieces of l~nd abutting on

each side of the street, lane, avenue, road, or sidewalk

so improved and the owners thereof, according to the

lineal foot frontage owned by each thereon; and to re-

quire any railroad or street-railroad company, having

tracks running in the streets, lanes, or ways of the City

so improved, to grade, pave, and drain, regrade, repave,

and redrain, or otherwise improve, as said Town of Bacon-

ton may by ordinance direct, the width of their tracks

and two feet on each side thereof; and in the.event such

company or companies fail or. refuse to comply with said

requirements, the Town may have the same done, and

the cost and expense thereof shall be assessed against

said companies, as hereinafter provided for in this para-

graph; and said Town is hereby empowered to enforce

the payment of the assessments provided for in this sectiOn, by executiOn agamst t he abuttm g property and lEexveyeuatniodnos,ale.

against the owners of the same, which execution shall be

issued and enforced by levy and sale of said property

like executions for taxes, due said Town, under existing

ordinances or such as may hereafter be made applicable

to the subject, and said property shall be sold subject to

all incidents of purchase by the City, and redemption

74

PART 11.-TITLE II.-MUNICIPAL CORPORATIONS.

Baconton Street Improvements and School System.

by the owner as now or as may hereafter be provided

Affidavit of
ille~rality.

by the Code of Georgia. Provided, however, that to an

execution issued under the provisions of this paragraph
( the defendant or property owner shall have the right to
file an affidavit denying for any reason that the whole

or any part of the amount for which execution is issued is due, and the reason why same is not due by and from

\

defendant or the property owner, and stating what

amount is due, which amount so admitted to be due shall

be paid before said affidavit shall be received, and said

affidavit shall be received for the balance, and said af-

fidavit so received shall be returned to the Superior

Court of Mitchell County and there tried and the issue

determined as in cases of illegality, subject to all the

pains and penalties provided for in cases of illegality for

delay. The assessments provided for in this paragraph

Lien of as-
~esements.

shall constitute. and be a lien from the date of the or-

dinance making the assessment, and upon the property

against which they are assessed, as well as upon all the

property generally of the person owning the property

at the date of the assessment, and such lien among other

liens shall take rank as Town taxes. One publication

Publication of ordinance.

of

the

ordinance

providing

for

the

improvements

men-

tioned in this paragraph in the newspaper in Mitchell

County in which the sheriff's advertisements are pub-

lished shall be sufficient notice to the abutting property

owners, or railroad or street-railroad companies, of the

contents and provisions of such ordinance, and of the

fact that such improvements are to be made; provided,

Notice to non ...residents.

that in case

of non-residents,

a

copy of said publication

shall be mailed to the address of all non-residents owning

land abutting said improvements, if the address of such

non-residents be known; but failure to send or receive

such publication shall not invalidate the ordinance,

assessment, levy, or any of the proceedings thereunder.

2. The Town of Baconton is hereby empowered, by

Public school
system.

ordinance, to create and establish a public-school system

co-extensive with the corporate limits of the Town, to

PART 11.-TITLE !I.-MUNICIPAL CORPORATIONS.

75

Baconton Street Improvements and School System.

provide for the maintenance, support, and operation of

said school or schools by levy and collection, as other Tax.

taxes are levied and collected, a special ad valorem tax

upon all of the taxable property in the Town, in addi-

tion to all other taxes now authorized, not to exceed

five-tenths of one per cent., or five mills on the dollar

value; provided that separate schools shall be provided

for white and colored children, and that all children,

whose parents are bona fide residents of the Town, shall

be entitled to the benefits of said schools, and provisions

may be made for the admission of non-resident children

upon payment of such reasonable rates as may be pre-

scribed. Said school or schools shall be conducted and Board or operated by a Board to be elected by the .Mayor and education.

Council, to be known as the Baconton Board of Educa-

tion and of which the Mayor of the Town of Baconton

"I

shall be Chairman, and of which, in addition to the Mayor, there shall be four members to be elected as

soon after the ratification of the paragraph as is practi-

cable, so the first four selected shall hold office one for

one year, one for two years, one for three years, and one

for four years, and that their successors shall hold for

terms of two years; said Board, to accomplish the pur-

poses of said school or schools, shall be and is hereby

clothed with power and authority to do and perform all

necessary acts, and to devise, design, and adopt all neces-

sary means and ways for the proper conduct and opera-

tion of the same; to adopt such plans, courses, and

curriculum as may seem proper and which do not conflict

with state law; to appoint all needful officers and teachers,
\ fix their salaries and qualifications; and said Board shall have and keep regular minutes of all its proceedings, and shall, at or before the beginning of each scholastic year, furnish the Mayor and Council with a written esti-

\ mate of the funds necessary for the support, operation,

and maintenance of said school or schools for the ensuing

year, and at the end of each scholastic year to submit a

report of the amounts received from all sources, with

such other information as the Mayor and Council may

76

PART !I.-TITLE 11.-MUNICIPAL CORPORATIONS.

Baconton Street Improvements and School System.

require; and said Board shall make all reports required

of such bodies by the laws of Georgia; and the Town of

Baconton is hereby required and authorized, upon re-

quest of said Board, to levy such per centum or proportion

of the special tax hereinbefore provided for as the Board

deems necessary for the operation, maintenance, and

conduct of the school or schools; said tax to be known

as the "School Tax" and turned over to the Board to be

used for school purposes only; provided, further, that

before the provision of this paragraph, with reference

lleferendum to Yotera.

to schools, shall become operative, the question shall be

submitted to a vote of the qualified voters of the Town;

and the Mayor and Council shall, within thirty days,

after the passage of this Act, or as soon thereafter as may

be practicable, order an election to be held in the Town

for the ratification of this section relating to schools, under the same rules and regulations by which all of

('

said town elections are held, after first publishing notice

of said election once a week for four weeks prior to said

election in the official newspaper of the Sheriff of Mitch-

ell County; and all persons qualifying to vote under

the rules and regulations of said town election shall be

entitled to vote in this election, and those voting shall

have written or printed on their ballots "For Public

Balloh.

Schools" or "Against Public Schools." If two thirds

of those voting vote in said election "for public schools,"

then the provisions of this section shall become operative,

and the Mayor and Council shall so declare the same and

spread their declaration upon the minutes of the Mayor

and Council. If public schools fail to carry in said

election, the same question may be resubmitted to the qualified voters of said town as often as every six months, upon the application of fifteen freeholders to the council,

(

which application shall be spread upon the minutes of said council.

I

Sec. 2. All laws and parts of laws in conflict with this act be and the same are hereby repealed.

Approved March 19, 1926.

I

PART !I.-TITLE !I.-MUNICIPAL CORPORATIONS.

77

\

Bainbridge Street Impr'Ovements.

\

BAINBRIDGE STREET IMPROVEMENTS.



N 0. 12, FIRST SESSION.

An Act to authorize the Mayor and Aldermen of the

City of Bainbridge, upon a written petition signed

by the owners of fifty-one per cent. of the lineal front-

age of the property abutting on both sides of the

streets, alleys, and sidewalks to be paved, to pave

the streets, sidewalks, and alleys of Bainbridge, and

providing for two methods of assessments and pay-

ment thereof, to wit: The owners of the adjacent

property being assessed for and paying two third of

of the costs of said pavement, and the City one third

including also all the intersections of streets, sidewalks,

and alleys; and the other method being, to wit: The

adjacent properties being assessed for and paying the

whole costs of said pavement except the street, side-

walk, and alley intersections, which are to be paid

for by the City; providing for the issuance of deferred

paving-assessment bonds payable in ten yearly in-

stalments; and providing for the issuance of fi. fas. and

sales thereunder in case of default the payment of

assessments; and authorizing the Mayor and Alder-

men of said City to make and execute contracts for

said paving when and after said petition signed by

the owners of fifty-one per cent. of the lineal frontage

of the property abutting on the streets, alleys, and

sidewalks to be paved is filed with said Mayor and

Aldermen of said City of Bainbridge.

Section 1. Be it enacted by the General Assembly

.

\\

0f

the

State

0f

G eorg1. a,

and

I. t

I.S hereby

enacted

by

the

Authortty on petition of

authority of the same, that upon the filing with said ~;o~"::ty~r

r Mayor and Aldermen of a written petition signed by

the owners of fifty-one per cent. of the lineal frontage of

property abutting upon the streets, sidewalks, and alleys

to be paved and petitioned to be paved therein, the said

Mayor and Aldermen are hereby authorized empowered

78

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.

Bainbridge Street Improvements.

I'



to establish, grade, pave, repave, macadamize, drain,

and otherwise improve the streets, sidewalks, and alleys

of the City of Bainbridge including necessary curbing

manholes, catch-basins in the manner hereinafter set

forth.

Sec. 2. Be it further enacted, that whenever said

written petition signed, as set out in section 1 of this

Act, by fifty-one per cent. of the owners of the lineal

frontage of the property on both sides of the streets,

alleys, and sidewalks to be paved is filed with the Mayor

and Aldermen of the City of Bainbridge, petitioning

that said designated streets, sidewalks, and alley be

paved, on the one-third plan, that is, the property-owners

pay two thirds of the costs of paving said alleys, side-

walks, and streets, and the City pay one third of said

costs and also all the costs of the intersections of all

streets, sidewalks, and alleys, said Mayor and Aldermen

of the City of Bainbridge shall be authorized to pass an

OrdinancE> and contract;

ordinance

for

the

pavement

of

said

alleys,

streets,

and

one-third plan.

sidewalks, to make contract or contracts to the lowest

and best bidder for said paving, and to accept the work

when it is finished; all of which the said City of Bain-

bridge is authorized by this act to do.



Sec. 3. Be it further enacted by the authority afore-

said, that whenever a petition signed by fifty-one per

cent. of the owners of the lineal frontage of property

abutting on both sides of the streets, sidewalks, and

alleys to be paved is filed with the Mayor and Aldermen

of said City of Bainbridge, petitioning that said desig-

Whole-cost plan.

nated streets, alleys, and sidewalks be paved on what

I

is known as the "Oklahoma" plan, that is the abutting I

property owners of both sides of the street paying the

whole costs of the pavement of the sidewalks, alleys,

and streets on said street, and the City paying only for

the pavement of the intersection of the street, alleys,

and sidewalks, the said Mayor and Aldermen of the City

of Bainbridge shall be authorized and required to pass

PART !I.-TITLE II.-MUNICIPAL CoRPORATIONS.

79

\

\

Bainbridge Street Improvl!ments.

1
\

an ordinance providing for the pavement of said alleys,

\ streets, and sidewalks, to make contract or contracts to

the lowest and best bidder for said paving, and to accept

the work when it is finished, all of which the City of

Bainbridge is authorized by this Act so to do.

Sec. 4. That whenever fifty-one per cent. of the owners of the lineal frontage of property in a city block, abutting on streets, sidewalks, or alleys to be paved, petition the Mayor and Aldermen of the City of Bainbridge to pave said abutting streets, alleys, and sidewalks, abutting on said block, on either the one-third plan as set out i'n section 2 of this Act or the "Oklahoma plan" as set out in section 3 of this Act, the said Mayor and Aldermen shall be authorized to pass an ordinance Ordinance.
providing for the pavement of said alleys, streets, and Extent of sidewalks of the length, dimensions, and extent only of paving. said city block in which said block fifty-one per cent. of the property is owned by said petitioners, and according to the plan only as set out in the petition of said owners of said fifty-one per cent. o( the lineal frontage of the property in said block abutting on the streets, sidewalks, and alleys petitioned to be paved.
Sec. 5. Be it enacted by the authority aforesaid, that all necessary curbing shall be deemed and considered as ~:;:i~i:,"~tc. a part of said paving, and shall be assessed accordingly. And that all necessary drains, manholes, and catchbasins made necessary by such paving or improvement shall likewise be considered a part of such paving and improvement, and the cost of the same together with all necessary expenses incurred shall be deemed and considered as a part of the total costs of such paving or improvement, and shall be assessed as herein provided.

Sec. 6. Be it further enacted by the authority aforesal'd, th at the assessment agamst t he C1'ty, the propert y, Aprsosreastsemd.ent and the owners thereof, abutting on said streets, sidewalks, and alleys under the provisions of this act shall

80

PART II.-TITLE 11.-MUNICIPAL CORPORATIONS.

Bainbr.idge Street Improvements.

I

be prorated, and the total amount of the same shall be i

determined by computing the lineal frontage of .said

owner together with the width of such pavement or im-

provement on said street, sidewalk, or alley. The City

of Bainbridge on either of the plans, whether the plans

City pays for intersections.

set out in section 2 or sections 3 or 4 is employed,

shall

pay the whole costs of the paving and pavement of all

intersections of streets, sidewal~s, and alleys.

Sec. 7. Be it further enacted by the authority afore-

said, that when and after the written petitions set out

in section I, 2, 3, and 4 of this act are properly signed by

the owners of fifty-one per cent of the lineal frontage of

property abutting on streets, alleys, and sidewalks peti-

tioned to be paved and improved under this act and filed

with the Mayor and Aldermen of the City of Bainbridge,

the Mayor and Aldermen shall pass an ordinance setting

out the receipt of said petition, and the streets, alleys,

Publication of and sidewalks sought by said petition to be paved. Before

ordinance, etc.

said ordinance shall be passed, however, said ordinance.

shall be published in the newspaper in Bainbridge in

which the legal advertisements appear, in at least two

consecutive issues, giving the date of the meeting of coun-

cil at which the same shall be introduced. In said ad-

vertisement the names of the petitioners signed to said

petition, the streets sought to be paved, and the per-

centage of the owners of the lineal frontage of property

abutting on said streets, sidewalks, and alleys to be

Council meeting.

paved.

At said meeting at which said ordinance is in-

troduced said Mayor and Council shall have open to

the inspection of any citizen of Bainbridge the original

petition to pave said streets, sidewalks, and alleys of

Bainbridge, and the original signatures thereto, and

also the ordinance to pave said streets, sidewalks, and

alleys sought to be paved in said petition. Said or-

dinance to pave said streets, alleys, and sidewalks shall

be limited and restricted to only such streets as are

petitioned for in said petition signed by the owners of

PART 11.-TITLE !I.-MUNICIPAL CORPORATIONS.

81

\

Bainbridge Street Improvements.

\
\ fifty-one per cent. of the lineral frontage of property abutting on said streets, sidewalks, and alleys aforesaid. Any Clt1zen of Bam bn"dge may appear at sal"d meetmg Ocibtijzeecntiso.ns by of the Mayor and Aldermen and make objections, if they desire, against the passage of said ordinance, for any legal reason that they may have. Such meeting may be held at the regular time, or any call meeting upon due notice given to any person interested, by one uotice in the newspaper that carries the City's legal uotice. Any number of streets, parts of streets, sidewalks, parts of sidewalks, or alleys or parts Qf alleys may be included in one ordinance; provided they are petitioned for in the petitions set out in sections 1, 2, 3, and 4. If, at the meeting to hear objections and pass the said ordinance providing for the paving according Jnly to streets, sidewalks, and alleys set out in said petition signed"by fifty-one per cent. of the owners of the lineal frontage of said property abutting on said streets
sought in said petition to be paved as aforesaid, any Presumption person, company, or corporation subject to any part of !~~~n~on the assessment or the cost thereof does not within twenty days thereafter begin legal or equitable proceedings to prevent such pavement, and the consequent assessment from being made, shall be presumed to have agreed to the assessment and the acceptance of such ordinance.

Sec. 8. Be it further enacted by the authority aforesaid, that when and after said petition of fifty-one per cent. of the owners of the lineal frontage of property abutting on streets, alleys, and sidewalks to be paved on either the plan set out in section 2 or 3 of this Act, and when and after the ordinance pursuant to said petition and accordance ther-eto is published, and when and after opportunity to object to said ordinance is given as aforesaid, the Mayor and Ald~rmen, if they deem it advisable, are authorized to proceed to pave, maca~ macadamise, or otherwise improve the streets, sidewalks, and alleys petitioned for in said petition, and they are
authorized and empowered to enter into a contract for

82

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.

Bainbridge Street Improvements.

;

such improvement in the following manner: Said Mayor

Advertisement for bids.

and

Aldermen

shall

advertise

for

sealed

bids

for

the

Notice, how furnishing of the material and for performing the work

comprehensive.

necessary in making such improvements. The notice

shall be in such form as they deem best, and shall state

what bond shall be required to be executed by such con-

tractor, the time and place where the sealed proposal

shall be opened, the extent and character of the paving

and other improvements, the manner of the payment

therefor, one third by the City in cash from money in

its treasury, or temporary loans for the current year,

or the proceeds of the sale of bonds issued for that pur-

pose, and two thirds by the owners of the abutting in

defered payments of ten annual instalments evidenced

by bonds hereinafter provided for, according to the plan

of the petition as set out in section 2 of this act, known

as the "one-third plan." Or the manner of payment

therefor according to the "Oklahoma plan" as set in

section 3 of this Act, the city only paying for the inter-

section of streets, sidewalks, and alleys in cash, or by

temporary loans for the current year, or the proceeds

of bonds issued for that purpose, and the abutting pro-

perty or the owners thereof paying the whole costs of

the paving except the intersection of streets, alleys, and

sidewalks as aforesaid as set out in section 3 of this Act,

according to whichever plan is petitioned for by the owners

of fifty-one per cent. of the lineal frontage of the property

abutting on, the streets, alleys, and sidewalks sought

by said petitioners to be paved and authorized accord-

ing to the ordinance of the Mayor and Aldermen of the

City of Bainbridge in pursuance of and according to

the terms of said petition. The said owners of said

abutting property paying the whole of said costs of

paving said streets, according to this said "Oklahoma

Plan" in ten equal annual installments evidenced by

bonds hereinafter provided for, and such other informa-

tion as will give the public and the proposed bidders

all necessary information regarding the work proposed

to be done and the contract executed to be made. Such

PART 11.-TITLE H.-MuNICIPAL CoRPORATIONS.

83

\

Bainbridge Street Improvements.

\
\\ notice shall be published once a week for four consecutive weeks in a newspaper published in said City in which the legal advertisements appear. At the time and

place specified in said notice the Mayor and Aldermen

shall receive and examine all bids submitted and award

the contract to the lowest and best bidder, or the Mayor

and Aldermen will have the right to reject any and all

bids and readvertise for bids if in their judgment said

bids are unsatisfactory.

Sec. 872. Be it further enacted by the authority

.

I
\

aforesai'd, that as SOOn as Sal'd contract I.S 1et and t he COSt8 Ampepnot rotifonco- sts, of the 1 mprovement s ascertam ed, wh'ICh costs shall m - and expenses.

clude all expenses incurred incident to said improvements,

such as engineering fees, printing bills, and all other

necessary and incident expenses, the Mayor and Alder-

men shall appoint a committee of the council by ordin-

ance, said committee's duties being to appraise and ap-

portion the costs and expenses of the improvements to

the several tracts of land abutting on said improvements,

and within fifteen days thereafter said committee shall

file with the clerk of a written report of such appraisal

and apportionment on the basis by which said pavement

was petitioned for, whether on the third plan or the

Oklahoma Plan. Immediately thereafter the clerk of Notice to the council shall notify such person owning land abutting ~;:,~~t~~

on the streets, sidewalks, or alleys petitioned to be paved

or improved as set out in section 2 or 3 of this act, by

mail, giving the approximate amount of such assess-

ment against such property. When said report has

been returned and filed, after notice given to each pro-

perty-owner assessed, the Mayor and Aldermen shall

appoint a time for holding a session of council, or shall

designate a regular meeting, for the hearing of any ob-

jections that may be made concerning said appraisal

report of apportionment as to any such tract or lot of

land abutting on said improvements, and notice of such

session of Council shall be published in one issue of the

newspaper published in said city in which the legal ad-

I

84

PART H.-TITLE H.-MUNICIPAL CORPORATIONS.

(

Bainbridge Street Improvements.

.(.

vertisements appear. The time fixed for said hearing

Hearing and review.

shall not be less than five or more than fifteen days from

the date of the publication of said notice. At said ses-

sion the Mayor and Aldermen shall have the power to

review and correct the appraisals and apportionments

made, to hear objections to the same, and either confirm

the report of the committee or otherwise give the same

proper direction.

Sec. 9. Be it further enacted by the authority afore-

Installment payment of

said, that the assessment made against the property

assessments. and the owners thereof, abutting on such improved

Interest.

streets, sidewalks, or alleys, shall be paid in ten equal annual installments and shall bear interest at the rate

of six per cent. per annum until paid, said interest being

payable annually. Said ordinance shall also provide

)

that the said owners of the property so assessed shall have the privilege of paying the all).ounts of their re-

(
)

spective assessments within thirty days from the passage (

of said ordinance. The owners of the property so asses-

ed shall be allowed to make payment of their respective

assessments without interest within said period of thirty

days to the treasurer of the City of Bainbridge and re-

lieve their property from the lien of said assessment,

which money so paid to said treasurer shall be des-

tributed pro rata between the contractor and the City

in proportion to their respective interest.

Times for payments.

Sec. 10. Be it further enacted by the authority aforesaid, that the first installment of such assessment together with interest to that date upon the whole shall be payable on the first day of December next succeeding the date of the levy of such assessment, and one installment with the annual interest upon the whole amount remaining unpaid shall be due and payable on the first day of December of each succeeding year thereafter until the entire assessment shall be paid. It shall be the duty of said Treasurer of or the Clerk of the City, not less thari thirty nor more than forty days before the maturity of

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.

85

Bainbridge Street Improvements.

any installment of such assessment, to cause to be published, in two consecutive issues of the newspaper of Notice. which the legal advertisements appear, a notice advising the owner of the property affected by such assessment of the date when such installment and interest will be due, and designating the streets, sidewalks, and alleys for the improvement of which such assessments have been levied, and unless the same shall be paid promptly proceeding will be taken to collect such installments and interest.
Sec. 11. Be it further enacted by the authority aforesaid, that the assessment and each installment thereof, Special lien. and the interest thereon, is hereby declared to be a special lien against the lots or tracts of land so assessed from the date of the ordinance or resolution levying the same coequal with the lien for taxes and superior to all other liens.
Sec. 12. Be it further enacted by the authority aforesaid, that within thirty days from the passage of the or- Bond issue. dinance or resolution providing for assessment the Mayor and Aldermen shall by resolution provide for the issuance of bonds in the aggregate of such assessment remaining unpaid, bearing date thirty days from the passage of the ordinance levying the assessment, and in such denomination as the Mayor and Aldermen shall determine, which said bonds shall in no event become a liability of the City Bainbridge. One tenth in amount of such. bonds, with the interest upon the whole series, shall be ~~~n paydue and payable on the first day of January next succeeding the maturity of the first installment of the assessment, and one tenth thereof witn the annual interest upon the whole shall be due and payable on the first day of January in each succeeding ye4r. Said bonds shall bear interest at the rate of six per cent. per annum and Interest. shall be designated "street improrement bonds," and it shall be recited therein and as a p<trt thereof that said bonds are payable solely from asse1sments which have

86

PART !I.-TITLE H.-MUNICIPAL CoRPORATIONS.

Bainbridge Street Improvements.

Signed and sealed.
Sales. Proceeds applied.
Reu:istry of bon do.

been made, and shall not be a liability on the City. Said bonds shall be signed by the Mayor and attested by the Clerk of Council, and shall bear the impression of the corporate seal of the City. Each bond shall have ten interest coupons, showing the amount of interest annually due thereon. Said bonds shall be sold at not less than par, and not less than par value, and the proceeds thereof applied to the payment of the contract price of such street improvements, or may in the discretion of the Mayor and Aldermen be delivered to the contractor at not less than par and not less than par value in payment of the amount due on his contract. Said bonds shall be registered by the Clerk of Council in a book provided for that purpose, and certificates of such registration shall be endorsed thereon.

Sec. 13. Be it further enacted by the authority afore-

Assessments payable.

said, that the assessment provided for in this act shall be

payable on the first day of December of each year, to-

gether with the interest thereon, to the treasurer of the

City of Bainbridge, who shall give proper receipts there-

for; provided, that if the assessments are made after

September 1st, the first installment shall be due and

payable on December 1st of the next succeeding year.

Account of collections.

It shall be the duty of the treasurer to keep an accurate

account of all such collections made by him on such

assessments bonds, keeping the same in a separate fund

to be used and applied on the payment of such bonds

to the holders thereof: It shall be the duty of the treas-

Execution.

urer promptly after the date of the maturity of any such installment or assessment on or before the 20th day of December of each year, in case of default of such installment or assessment with interest, to issue an execution

/

against the lot or tract of land assessed for such improve-
ment and against the owner thereof for the amount of ?

such assessment with interest, and he shall turn the same

Levy and over to the chief of police, who shall levy the same on

sale.

the land described, and after advertisement as in case

of sale for taxes by the city shall expose the same at

PART 11.-TITLE 11.-MUNICIPAL CoRPORATIONS.

87

Bainbridge Street Improvements.

public sale and sell the same to highest bidder, and appropriate the proceeds of to the payment of such bonds, and, if any amount remain, turn the same over to the owner of such tract. After such sale the city chief of police shall execute and deliver a deed to the purchaser, Title. who shall be vested with the title thereto subject to the lien only of the remaining unpaid installments or assessments; provided however that the person against whom and whose property the fi. fa. has been issued aforesaid Affidavit of shall have the right to file an affidavit denying the whole illegality.
or any part of the amount for which the execution issued is due, or that he has other legal defenses to the payment of the same, which affidavit shall be filed with the chief of police, who shall return it to the Superior Court of the county where the amount of the execution is over one hundred dollars, and to the Justice Court of the 513th District G. M., Decatur County, where the amount of the execution is less than one hundred dollars, where the respective courts shall try the same in the same manner as other affidavits of illegality are tried, which are filed to the levies of tax fi. fas. or otherwise.

Sec. 14. Be it further enacted by the authority afore- other paving said, that all other laws in and amendments to t~e charter laws repealed.
of the City of Bainbridge relative to paving are hereby repealed, and that this act shall be the sole and only paving law in force for the City of Bainbridge.

Sec. 15. Be it further enacted by the authority afore:

said, that all laws and parts of laws inconsistent and in

' conflict herewith are hereby repealed.

\

Approved March 19, 1926.

~

\,



88

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.

Baxley Street Improvements.

BAXLEY STREET IMPROVEMENTS.

No. 3, FIRST SESSION.

An Act to amend an Act to create and establish a new

charter for the City of Baxley, which was approved

August 21, 1921, by adding to same and immediately

after Section 61 of said original Act aforesaid, to be known as Subsections 61A, 61B, 61C, 61D, 61E, 61F,

11

61G, 61H, 61I, 61J, 61K, 61L, 61M, 61N, 610, and 61P,

and which original charter declares the rights, powers,

and privileges of said corporation, providing for a

Mayor and Council, and to amend said Act heretofore

specified, and to empower the City of Baxley to grade,

pave, drain, macadamize, curb, and otherwise improve

any of the sidewalks, footways, crosswalks, drains,

gutters, streets, roads, lanes, alleys, public squares, or

other pubic places or highways or any portion thereof

within the corporate limits of said City of Baxley, and

repave, regrade, and recurb any of said places in said

City of Baxley, and to assess the cost of making such

improvements in whole or in part, as provided for in

this amended Act, against the abutting property and

its owners benefited thereby; to provide for the appor-

tionment and collection by legal process of such assess-

ments and to create a lien on such property therefor;

to provide for the issuing of bonds to be known as

"Street Improvement Bonds" to be negotiated by the

City, or otherwise used in making the provisions for

the payment of the cost of such improvements; to pro-

vide for a special fund for the retiring of such bonds,
1 and to impose punishment as for a misdemeanor for
any one using such funds for any other purpose; that

the City may assess, as provided for in this amended

Act, the cost of so improving street intersections, as

well as the cost of making any and all necessary curbing,

against the owner of property abutting on the street or

streets in which the intersections occur, as well as

against the abutting property in the extension of the



PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.

89

jaxley Street Improvements.

pavement of which street curbing may be necessary.

The purpose of this amended Act being to empower the

City of Baxley to assess the cost of paving street inter-

sections as provided for in this Act, and making all

necessary curbing, whether the street intersections or

the curbing abuts from the property of private individ-

uals or not, said cost to be prorated among the owners

and their property which abuts, upon which the street

or streets from which the intersections occur or the

curbing may be necessary, in just such proportion, as

provided for in this Act, as the Mayor and Councilmen

of said City may deem equitable and just; to empower

said City to create between itself ~nd any person, firm,

corporation, or governmental agency or department the

relation of principal and agent for the making of any

l.

or all contracts for the making of said improvements,

so that the City may authorize any person, firm, cor-

poration, governmental agency, division or department

to make for it and in its behalf any and all contracts

and agreements for the making of improvements; to

empower the Mayor and Councilmen of said City to

issue the bonds of said City for the purpose of making

any and all said improvements or any portion thereof,

in accordance with this Act, or which have heretofore

been authorized by law, provided that in the issuing

of said bonds all the provisions of the Constitution and

the laws of this State regarding the issuing of municipal

bonds shall be fully complied with; to empower said

City of-Baxley to accept and receive any gift, donation,

and contribution from any source whatever for the

purpose of making any of said improvements, and to

empower the Mayor and Councilmen of said City to

use and appropriate any such donation, gift, or contri-

bution in their discretion, either in reduction of any

assessment which may be made against said City as

its proportion of the cost of making any of said im-

provements, or in reduction of any of the assessments

which may be made against the owner and the abutt-

ing property; to empower said city to levy an ad va-

90

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.

Baxley Street Improvements .

lorem tax not to exceed eight mills on all the property, real and personal, within the corporate limits of said City which is taxable under the laws of the State, for the purpose of paying said bonds and interest thereon and paying for said improvements, and that any protion of the funds so raises may, in the discretion of the Mayor and Councilmen of said City, be used to make any of the improvements herein authorized, and this method of payment for said improvements herein authorized shall be additional and cumulative of the other methods for payment therein authorized; and for other purposes.

::,~;Jea~11

Subsection 61A. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that, from and after the passage of this Act, an Act incorporating the City of Baxley in the County of Appling, and providing a government for same, as approved August 21, 1911, adopted by the General Assembly of Georgia amending said Act, be and the same is hereby amended in the particulars hereinafter set out.

Powers.

Subsection 61B. Be it further enacted by the authority aforesaid, that the Mayor and Council of said munici-
pality shall have full power and authority in their discretion to grade, pave, macadamize, curb, drain, and other wise improve for travel the streets, sidewalks, footways, crossways, drains, gutters, roads, lanes, alleys, public squares, or other public places or highways, or any portion thereof, within the corporate limits of said municipality, and that whenever any of the said streets, sidewalks, footways, crossways, drains, gutters, roads, lanes, alleys, public squares, or other public places or highways, or any portion thereof, shall have been authorized under the laws and ordinances of said municipality to be graded, paved, or macadamized, curbed, drained, and otherwise improved, and the cost of such improvements has been ascertained, which cost shall include all expenses incurred by said municipality inciqent to such improvements, the

PART II.-TITLE 11.-MUNICIPAL CORPORATIONS.

91

Baxley Street Improvements.

Mayor and City Council shall by written resolution appor- ,!~~~r~}o~~.t. tion the cost and expenses of the same pro rata per front etc. foot to the several tracts, lots, or parcels of land abutting upon the area covered by such proposed improvements not in excess of two thirds of said cost, and that the other one third shall be borne by the said City of Baxley, and shall then levy assessments against said abutting property Assessments.
as herein provided, and the owners thereof, in accordance
\ with such apportionment and as hereinbefore provided,
which assessments shall be paid in ten equal annual in- Installments. stallments, and shall bear interest at the rate of not exceed,. Interest. ing six per cent. per annum until paid, .said interest payable annually; and provided that the amount to be paid by said City of Baxley may be proportionately reduced aCCOrding to any amount Of funds On any street that may Reduction. be supplied by or through any governmental agency or other source.

\

Subsection 61C. Be it further enacted by the author-

I ity aforesaid, that the first installment, together with Payments.

interest to that date upon the whole, shall be due and

payable on the first day of December next succeeding the

date of the first day of the levy of such assessment, and

one installment, together with the yearly interest upon

the amount remaining unpaid, shall be due and payable

on the first day of December in each succeeding year,

until all shall have been paid; provided, nevertheless

that any one or more of the said owners of the property

assessed shall have the privilege of paying the amount

assessed against his property within thirty days. from the

date of the passage of the resolution levying the assess-

ment, without interest, and thus relieve his property from

the lien of such assessment.

Subsection 61D. Be it further enacted by the authority aforesaid, that such special assessment and each install- Lien. ment thereof, together with interest on the same, shall be a special lien against the lot, parcel, or tract of land so assessed, from the date of the resolution levying the

92

PART 11.-TITLE 11.-MUNICIPAL CoRPORATIONS.

Baxley Street Improvements.

assessment, coequal with the lien of other taxes, and prior and superior to all other liens against such lots, parcels, or tracts, and such liens shall continue until such assessment and interest thereon shall be fully paid.

Bond issue.

Subsection 61E. Be it further enacted by the author-

ity aforesaid, that thirty days after the date of the passage

of said resolution apportioning and levying such assess-

ments, the Mayor and City Council shall by written

/' ''

resolution provide for the issuance of bonds in the aggre-

gate amount of such assessments then remaining unpaid,

bearing date thirty days after the passage of the resolution

levying said assessments, and such denominations as the

Mayor and City Council may determine, which bonds

shall become a debt and liability of the City of Baxley

by reason of its issuing the same for the purpose herein

specified. One tenth in amount of any such series of

bonds, with the interest upon the whole amount of such

When payable.

series up to the first day of January next succeeding the maturity of the first installment of "the assessment as hereinbefore provided, shall be payable on that date; and

one tenth in amount of such issue of bonds, together

with the annual interest upon the whole amount thereof

remaining unpaid, shall be payable on the first day of

January in each succeeding year until all of said install-

Intereat rate. ments shall have been paid. Such bonds shall bear in-

terest at a rate not exceeding a rate of six per cent. per

annum from their date until maturity, payable annually,

and shall be designated "Street Improvement Bonds,"

and shall on their face recite the streets or other public

places for the improvement of which they have been

issued, and that they are payable as heretofore provided,

two thirds to be paid by the abutting property owners,

one half of said two thirds to be paid by the abutting

property owner on one side of such street or other public

place so to be improved, and one half of said two thirds

to be paid by the abutting property owner on the opposite

side, from assessments which have been levied upon lots,

parcels, and tracts of land benefited by such improvements

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.

93

Baxley Street Improvements.

under authority of this Act, and the remaining one third

to be paid by the City of Baxley. Said bonds shall be ~~~n:!~l.e

signed by the Mayor and attested by the City Clerk,

and shall have the impression of the corporate seal of

said City thereon, and shall have interest coupons at-

tached; and all bonds issued by authority of this Act,

shall be payable at such place, either within or without

the State of Georgia, as may be designated by the Mayor

and Council. Said bonds shall be sold at not less than Sale price.

par, and the proceeds thereof applied to the payment of

the contract price and other expenses incurred in the

making of such improvements, or such bonds may in

\ '

whole or in part be negotiated and delivered to the Con-

tractor, at not less than par value, in payment of any

amount due him on his contract. Any portion of the Disposal.

bonds not so negotiated or turned over to the contractor

may be sold or otherwise disposed of by the Mayor and

City Council, at not less than par value, and the proceeds

applied to any expense incident to and incurred by the

City in providing for such improvements in accordance

with this Act. Said bonds may, at the option of the Registry.

holder thereof, be registered by the City Clerk in a book

to be provided for that purpose, and a certificate of reg-

sitration by the Clerk shall be by him endorsed upon

each of said bonds.

Subsection 61F. Be it further enacted by the authority aforesaid, that the assessments provided for and levied :::e':':~;n~~. under the provisions of this Act shall be payable by the person owning the said lot, parcel, or tract of land on the first day of December of each year, together with the
I interest thereon, to the Clerk of the City of Baxley, who shall give proper receipts for such payments; provided, that if the levy of such assessments is made after September 1st, then the first installment and interest shall become due and payable on December 1st of the succeed( ing year. It shall be the duty of the City Clerk to keep Account of an accurate account of all such collections made by him, collections.
and such collections shall be kept in a separate fund to

94

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.

Baxley Street Improvements.

Penalty.
Execution.
Levy and sale.
Title. Affidavit of Illegality.

be used and applied for the payment of such bonds and the interest thereon, and for no other purpose. Any misapplication or misappropriation of such funds by any one shall constitute a misdemeanor, and be punishable as such under the criminal laws of this State providing for the trial and punishment of persons committing any misdemeanor. It shall be the duty of said Clerk, upon default of payment of the principal or interest of any assessment or installments herein provided for, at the maturity thereof, to promptly issue an execution against the lot, parcel, or tract of land assessef,l for such payment, or against the owner of the property for the full amount thus becoming due and unpaid, and to forthwith turn over such execution to the City Marshal, who shall promptly levy the same upon the real estate liable for the assessment, and previously assessed for such improvements; and, after advertisement and other proceedings as in the case of sales for City Taxes, the same shall be sold at public outcry, to the highest bidder, and such sales shall vest an absolute title in the purchaser, subject to the lien of the remaining unpaid installments with interest; provided, that the defendant in execution shall have the right to file an affidavit of illegality, denying that the whole or any part of the amount for which the execution issued is due, stating what ~ount (if any) he admits to be due, which amounts so so admitted to be due shall be paid before the affidavit is received. All such affidavits shall set forth in detail the reasons why the affiant claims the execution is proceeding illegally, and, when received by the Marshal, said affidavit shall be returned by him to the Superior Court, and there be tried and the issue determined as in cases of illegality, subject to all fines and penalties provided by law in such cases for delay.

Cost to owners.

Subsection 61G. Be it further enacted by the authority aforesaid, that the expenses shall not be greater on any abutting property owner than heretofore provided for constructing sidewalks, footways, drains, and gutters

PART 11.-TiTLE 11.-MuNrcrPAL CoRPORATIONS.

95

Baxley Street Improvements.

along the sides of all public thoroughfares in said City, which, together with the whole cost of all materials used in making such street improvements, shall be assessed against the property abutting on such thoroughfares and receiving the benefits of such improvements, and paid by the owners of such property as heretofore provided according to its frontage; and that the cost of making such other street improvements as are authorized by this Act may be apportioned and assessed as between the City of Baxley and the abutting property and the owners thereof on each side of the street or public thoroughfares to be paved, macadamized or otherwise improved, in just such proportions as the Mayor and City Council may deem proper, not in excess of the proportion herein provided, .and the Mayor and City Council of said City are hereby given power and authority, in their discretion, to apportion and assess any part or all of the cost of making said improvements against the City of Baxley, or they may in their discretion apportion and assess any part or all of the cost of making said improvements against the abutting property and the owners thereof to be paved, macadamized, or otherwise improved, according to the frontage of said property thereon, not in excess of the cost heretofore specified. If, in the discretion of the Mayor and Council, any portion of such cost is assessed against and is to be borne by the City, such assessment and expenses may be paid out of any available funds for that purpose in the City Treasury, or from the proceeds of bonds duly authorized and issued by said City.
. Subsecti~n 61H. Be it further ena?ted by th_e autho~- Payment or 1ty aforesaid, that the Mayor and City Council may m interest. its discretion, by proper written resolution, provide for and require the payment of interest on the bonds authorized to be issued in accordance with and in the same manner, under the same conditions, and under the same rights and powers as to apportionment and assessment for the cost thereof as they are in this Act authorized to make improvements in the first instance.

96

PART II.-TITLE II.-MUNICIPAL CORPORATIONS.

Baxley Street Improvements.

Railroads assessed.
County liability.

Subsection 61!. Be it further enacted, that where the right of way of any railway company crosses any public thoroughfare within the corporate limits of the City of Baxley, such company is to be deemed for all the purposes of this Act as the owner of the property on both sides of such thoroughfares to the extent of the entire width of the right of way, irrespective of the use to which the same may be put or the portion thereof actually occupied by its track or tracks, and where the right of way or other occupied or unoccupied land of any railway company lies longitudinally along and abuts upon any street or thoroughfare in said City, such company and its said abutting property shall be subject to all the provisions of this Act in the same manner and to the same extent as other persons, firms, and corporations owning property in the City of. Baxley. And all property owned by County of Appling lying within such corporate limits and abutting upon any square or public thoroughfare of the City shall be assessable for any and all public improvements authorized by this Act in the same manner and to the same extent as such property would be if owned by any private individual, without regard to the use made by the County of such property.

Re-paving, etc.

Subsection 61J. Be it further enacted by the authority aforesaid, that the Mayor and the City Council of said City shall have the power and authority to repave, regrade, recurb, redrain, and remacadamize, in their discretion, any and all of the streets and other places which they are authorized in this Act to improve, in the same manner, under the same conditions, and under the same rights and powers as to apportionment and assessment for the cost thereof, as they are in this Act authorized to make improvements in the first instance.

Street intersections.

Subsection 61K. Be it further enacted by the authority aforesaid, that the Mayor and City Council, may assess any part or all of the cost for so improving street intersections, as well as any part or all of the costs of making

PART 11.-TITLE H.-MuNICIPAL CoRPORATIONs.

97

Baxley Street Improvements.

1 any and all necessary curbing, against the owners and \ their property abutting on the street or streets in which
the intersections may occur or the curbing may be necessary, whether the street intersections or the curbing abuts upon the property of private individuals or not, said cost to be proportioned among the owners and their property which abuts upon the street or streets in which the intersection may occur or the curbing may be necessary in just such proportions as the Mayor and CityCouncilofsaid City may deem equitable and just, but in no event shall it be in excess of two thirds of the actual cost of same against any property owners or abutting properties.
Subsection 61L. Be it further enacted by authority aforesaid, that the Mayor and City Council of said City Agency. shall have the power and authority to create between itself and any person, firm, corporation, or governmental agency, division, or department thereof, the relation of pnnCipa1and agent f or the rnakmg of any and a11 contracts Contracts. for the doing of said improvements, so the that City may authorize any person, firm, corporation, or governmental agency, or division, department thereof, to make for it and in its behalf any and all contracts and agreements for the making of said improvements.
Subsection 61M. Be it further enacted by aut'Qority aforesaid, that the Mayor and City Council of said City Bonds. shall have the right and authority in their discretion to issue the bonds of said City for the purpose of making any portion or all of said improvements herein authorized, or which have heretofore been authorized by law, provided that in issuing said bonds all the provisions of the Constitution and laws of this State regarding the issuing of municipal bonds shall be fully complied with.

Subsection 61N. Be it further enacted by authority aforesaid, that said City shall have the right to accept Donations. and receive any gift, donation, or contribution from any source whatever for the purpose of making any of said

98

PART !I.-TITLE 11.-MUNICIPAL CORPORATIONS.

Commerce Registration of Voters.

improvements, and the Mayor and City Council of said /
City are hereby authorized to use and appropriate any J
such gift, donation, or contribution, either in reduction or any assessments which it may see fit to make against said City as its proportion of the assessments for making any of said improvements, or in reduction of any of the assessments which may be made against the owners and their abutting property.

Tax ad valorem.

Subsection 61 0. Be it further enacted by authority aforesaid, that said City shall have the right and authority to levy an ad valorem tax not exceeding eight mills on all the property, real and personal, within the corporate limits of said City which is taxable under the laws of the State of Georgia for the purpose of supporting and maintaining and bearing the general expense of said City and its government, and that any portion of the funds so raised may, in the discretion of the Mayor and City Council of said City be used to make any of the improvements herein authorized, and that this method of payment for said improvements shall be additional and cumulative of the other methods of payment provided for herein.

Subsection 61P. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are I?-ereby repealed.

Approved March 16, 1926.

COMMERCE REGISTRATION OF VOTERS.
N 0. 6, SECOND SESSION.
An Act to amend an Act approved August 17th, 1909, to incorporate the City of Commerce in the County of Jackson, and prescribe its limits, to provide for the election of the Mayor and Councilmen and other officers of said City of Commerce, to prescribe their

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.

99

Commerce Registration of Voters.

powers and duties and the manner of their election, to declare and provide for the Police Force of said City, and to provide for all matters of municipal concerns and cognizance, to provide that all valid bonds and contracts heretofore made and entered into by the municipal authorities of the City of Commerce and the Town of Harmony Grove shall be good and valid for and against the City of Commerce, that all property formerly held and owned by the Town of Harmony Grove shall be and become the property of the City of Commerce, to provide for the issuing of bonds for the establishment of an electric-light plant and also for the issuing of additional bonds for the enlargement of the present waterworks and sewerage system in said City of Commerce, so as to add a new Section to be numbered Section 45-A, providing that the Mayor and Council of the City of Commerce shall have authority to elect three or more City Registrars to prepare a registration list of the qualified voters of said City of Commerce who shall be entitled to vote in elections held in said City for the purpose of issuing bonds to improve the streets and highways thereof or pave the same also act in the same manner in all similar elections, to prescribe their duties, their term of office, and for other purposes.

Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by au- Act or 1909 thority of the same, That an Act approved August 17th, amended.
1909, to incorporate the City of Commerce in the County of Jackson, and prescribe its limits, to provide for the election of the Mayor and Councilmen and other officers of said City ot:. Commerce, to prescribe their powers and duties and the manner of their election, to prepare and provide for the Police Force of said City, and to provide for all matters of municipal concerns and cognizances, to provide that all valid bonds and contracts made and entered into by the municipal authorities of the City of Commerce and the Town of Harmony Grove shall be

100

PART II.-TITLE II.-MUNICIPAL CORPORATIONS.
Commerce Registration of Voters.

good and valid for and against the City of Commerce, and all property formerly held and owned by the Town of Harmony Grove shall be and become the property of the City of Commerce, to provide for the issuing of bonds for the establishment of an electric-light plant, and also for the issuance of conditional bonds for the enlargement of the present waterworks and sewerage system in said City of Commerce, be and the same is hereby amended by adding a new Section to be l'lumberSection 45-A, and to read as follows:

New section.

Sec. 45-A. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That immediately after the passage of this Act the Mayor and Council of the City of Com-

merce shall be and they are hereby authorized and empowered to elect three or more upright and discreet per-

sons who shall be freeholders and citizens of said City of

Registration of voters.
Duty of registrars.

Commerce, to Act as registrars for said City of Commerce, and whose term shall be for two years and until their successors shall be elected and qualified. It shall be the duty of said registrars to prepare a registration list

of the qualified voters of said City of Commerce who

shall be entitled to vote in elections held in said City for

the purpose of issuing bonds to improve the streets and highways thereof or to pave the same, also in the same

manner in all similar elections, which said registration list shall be furnished by said registrars to the managers

of such elections in the way and manner provided by

section 45 of said Act approved August the 17th, 1909.

Service.

~
j Sec. 45-B. Provided, however, that the registrars
herein provided for shall serve in like manner in all other I
similar elections held in said City.

Terms of office.

Sec. 45-C. Provided also that the term of office of the registrars first name under the provisions of this Act shall expire on January first, 1928.

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.

101

Gainesville Industrial and Publicity Board.

Sec. 2. Be it further enacted by the authority afore\ said, That all laws and parts of laws in conflict with this
Act be and the same are hereby repealed.
Approved March 31, 1926.

GAINESVILLE INDUSTRIAL AND PUBLICITY BOARD.

No. 24, SEcoND SEssw~.

An Act to amend the Charter of the City of Gainesville, Georgia, by empowering the commissioner of said city of Gainesville to provide, maintain, and conduct an Industrial and Public Board; to provide how said board shall be organized; to provide for funds to be used by said board by authorizing and directing that the commissioners of said City shall levy an annual tax thereof, for the purpose of promoting the growth and interest of said City, the prosperity and welfare of its inhabitants, by advertising the advantages of said city; to provide for the ratification of this Act, and for other purposes.

Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same:

Section 1. That from and after the passage and ap-

proval of this Act the Commissioners of the City of

Gainesville

shall

be

empowered

to

establish

an

Indus-

Power to tablish

es

trial and Publicity Board by appropriate resolution or board.

ordinance providing for the ratification of this Act by

\ i vote of citizens of Gainesville, Georgia, and therein vest

\ the power and authority to advertise the advantages

of the City of Gainesville, Georgia, and surrounding

territory for the purpose of promoting the interest in

and growth of said City, thereby contributing to the

prosperity and welfare of its inhabitants.

102 PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.
Gainesville Industrial and Publicity Board.

Sec. 2. That when said board shall have been so Expenditures. designated and organized, it shall have the power to
expend moneys hereinafter provided for, to employ agencies and mediums for advertising, and do any and all things necessary to carry out the provisions of this Act.

Sec. 3. Said Industrial and Publicity Board, when Membership. established as provided for by this Act, shall consist of

three members, one of whom shall be elected by a ma-

jority of the Commissioners of said City, either from

among said Commissioners or other citizens of said

City; and one of whom shall be President of the Chamber

of Commerce of said City; and the other member to be

elected by two above designated members, he being a

Terms and

duties.

resident and taxpayer of said City. All the members

of said Board herein provided for shall serve without

pay, and their term of office shall be for one year and

until their successors shall be elected and qualified. Said

Board when so designated shall meet on the first Satur-

day .in January of each year and organize by electing

one of their members chairman, another secretary and

such other officers as said Board may deem necessary.

All checks or warrants on said funds shall be signed by

both the secretary and chairman of said board. Any

Vacancies. vacancy occuring, except by expiration of term of office shall be filled by the remaining two members. In case

the President of the Chamber of Commerce should refuse

to act on said Board, then said Chamber of Commerce

shall elect from among its membership a member of

said Board. Should the Chamber of Commerce cease
) to function as such, then said Commissioners of said
City shall elect a second member of said Board from among the citizens and taxpayers of said city, other

than said Commissioners, so that at no time there will I

not be more than one member of said board who shall

be a commissioner of said city.

Sec. 4. That when said Act has been adopted as herein provided, the Commissioners of said City shall pass

PART 11.-TITLE 11.-MUNICIPAL CoRPORATIONS. 103
Gainesville Industrial and Publicity Board.
a resolution calling for the organization of the said Board by this Act created, and shall levy an annual tax on all Tax levy. the taxable property within the city, unless otherwise by law exempted from taxation, for the purpose of providing said Board with funds for conducting an industrial and publicity program, which said tax shall not excede one (1) mill on each dollar of assessed taxable property. That when said tax has been collected by said City, said fund shall be deposited in the designated depository of said City of Gainesville, to the credit of the Industrial and Publicity Board.
Sec. 5. That said Industrial and Publicity Board shall have the power and authority to spend said money Authority of raised by tax hereinbefore provided, for the purpose of board. advertising the advantages and opportunities afforded . by the City of Gainesville and surrounding territory AdvertsinK. and in inducing industrial plants to locate in or near said City, said Board to conduct said advertising in the way and manner that seems best to them; and for this purpose said Board shall have the authority to establish agencies and mediums of advertising for said purposes herein provided, and may in its discretion work in conjunction with or through the Chamber of Commerce, always looking to the best methods of carrying into effect the rights and powers prescribed in this Act. That all the funds provided herein shall be spent in the conduct of the affairs of said Board, in defraying its expenses of establishment, maintenance, and condu.ct in the interest in the publicity program.
\ Sec. 6. That said Industrial and Publicity Board, when organized, shall have the power and authority By-laws.
\ to adopt such by-laws, by a majority vote of said Board,
' not inconsistent with this Act, for the operations of said Board as it deems the conduct of the Publicity program.
Sec. 7. That before this Act shall become effective Referendus for the organization of said Board, the Commissioners to voters.

104 PART II.-TITLE II.-MUNICIPAL CORPORATIONS.
Hartwell Street Improvements.

Ballots.

of the City of Gainesville, Georgia, shall pass a resolu- / tion or ordinance providing for said Industrial and Publicity Board to be created and organized and a tax not to exceed one (I) mill to be levied, as hereinbefore provided, for the purpose of carrying on the publicity program herein authorized, and directing same to be voted on by the voters at any regular election or any regularly called election, thereafter. After the same has been voted on by those citizens of the City of Gainesville voting in the next regular election of said City, and who are qualified to vote for Commissioners in said election, and if a majority of those voting shall vote in favor of said Board, on ballots as hereinafter prescribed, said Board shall then be organized and said tax levied. Those voting in favor of the creation of the Industrial and Publicity Board and the tax of one mill shall have written or printed on their ballot the following: "For the creation of an Industrial and Publicity Board and tax not to exceed one (I) mill for Publicity." Those voting against said Board shall have written or printed on their ballot the following: "Against the creation of an Industrial Publicity Board and tax not to excede one (I) mill for publicity."
Sec. 8. That all laws and parts of laws m conflict with this Act are hereby repealed.
Approved April IO, I926.

HARTWELL STREET IMPROVEMENTS.

/

No. 9, SEcoND SEssiON.

I

i

An Act to amend an Act incorporating the Town of

Hartwell, Hart County, Georgia, approved February

26th, I856, and an Act approved September 9th,

I889, defining the corporate limits thereof, and an

Act amending the Act approved February 26th, I856,

PART !I.-TITLE Il.-MUNICIPAL CORPORATIONS.
Hartwell Street Improvements.

105

approved November 4th, 1899, and an Act amending

the charter of the Town of Hartwell, approved No-

vember 15th, 1901, and the Act approved August,

13th, 1904, changing the name of the Town of Hart-

well to the City of Hartwell, and more particularly

to amend an Act approved August 18th, 1923 con-

tained in Georgia Laws, 1923, pp. 662-671, both in-

clusive, to wit: "An Act to amend an Act incorporat-

ing the City of Hartwell, Hart County, Georgia, ap-

proved August 13, 1904, so as to authorize and em-

power said City of Hartwell through its governing

authorities to pave, macadamize, curb, and otherwise

improve any or all of the sidewalks, footways, cross-

walks, drains, gutters, streets, roads, lanes, alleys,

public squares, or other public places or highways or

any portion thereof within the corporate limits of

said city, and to assess the cost of making such im-

provements in whole or in part against the abutting

property owners, .''ld of its owners benefited thereby;

to provide for the :tpportionment and collection by

legal process of such assessments, and to create a lien

on such therefor; to provide for the issuing of bonds

known as Street Improvement Bonds to be negotiated

by the City or otherwise used in making provisions

for the payment of the costs of such improvements;

to provide for a special fund for retiring such bonds, and

to authorize the levy and collection of a tax on all the

property in said city subject to municipal taxation

to be used in defraying the City of Hartwell's share

of expense of such improvement; to authorize said

improvements to be made and said paving and maca-

\

damizing to be done by the City of Hartwell, as herein provided, or in connection with any department of this State, and for other purposes," so as to provide

for the appointment of a Board of Appraisers to fix

the assessments against abutting property owners

for street improvements, and define their duties and

powers; to provide for a public hearing of any ob-

jection to the fixing of said assessments; for the levy-

106 PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.
Hartwell Street Improvements.

ing of said assessments, and the manner in which said ~ assessments shall be paid, and to provide a limit of time within which any suit may be filed or sustained to set aside any such assessments, or prevent the levying or collection of such assessments or the issuing of . bonds therefor; to provide for the filing and recording of the assessment roll in the office of the Clerk of the Superior Court of Hart County, after the same shall have been made, and to define the contents thereof; to provide for the giving of a bond by the treasurer of the City of Hartwell with reference to the funds arising by reason of the assessments against abutting property owners, and for other purposes.

Section 1. Be it enacted by the General Assembly

of the State of Georgia, and it is hereby enacted by au-

thority of the same, that the Acts of the General Assembly

of the State of Georgia specified in the caption hereof,

and particularly that Act of the General Assembly of

the State of Georgia, approved August 18th, 1923, en-

Act of 1923 amended.

titled, "An Act to amend an Act incorporating the City

of Hartwell, Hart County, Georgia, approved August

13th, 1904, so as to authorize and empower said City

of Hartwell through its governing authorities to pave,

macadamize, curb, and othenvise improve any or all

of the sidewalks, footways, crosswalks, drains, gutters,

streets, roads, lanes, alleys, public squares, or other

public places or highways, or any portions thereof, with-

in the corporate limits of said city, and to assess the costs

of making such improvements in whole or in part against

the abutting property, and of its owners benefited there- 1
by; to provide for the apportionment and collection by I
f legal process of such assessments, and to create alien
on such therefor; to provide for the issuing of bonds I
known as 'Street Improvement Bonds' to be negotiated

by the city, or otherwise used in making provisions for

the payment of the costs of such improvements; to pro-

vide for a special fund for the retiring of such bonds,

and to authorize the levy and collection of a tax on all

PART II.-TITLE II.-MUNICIPAL CORPORATIONS. 107
Hartwell Street Improvements.
the property in said city subject to municipal taxation to be used in defraying the City of Hartwell's share of the expense of said improvements; to authorize said improvements to be made, and said paving and macadamizing to be done by said City of Hartwell, as herein provided, or in connection with any department of this state; and for other purposes," be and the same is hereby amended in the following manner, to wit: By striking from the Act of the General Assembly of Georgia, approved August 18th, 1923, section 2 of said Act and substituting in lieu thereof, to be known as section 2 the following section, to wit: "Sec. 2. Be it enacted by the authority aforesaid, that whenever any of the sidewalks, New see. 2 footways, drains, gutters, streets, roads, lanes, alleys, public squares, highways, or other public places or any portion thereof, within the limits of said city, shall have Paving, etc. been authorized under the laws and ordinances thereof, to be paved, macadamized, curbed, or otherwise improved, and the contract therefor has been let, and the cost of such improvements has been ascertained, which cost shall include all of the expenses incurred by the city incident to such improvements, including the cost of intersection on any street or streets to be paved, the Mayor and Board of Aldermen of said city shall by writ- Board of ten resolution appoint a Board of Appraisers, consisting appraisers. of five persons who shall be freeholders of said City of Hartwell, and shall possess the same qualifications as are required by the charter and ordinances of said City of Hartwell for the office of Mayor; which, when appointed, shall do and perform all the duties provided
\ for in this Act. In the event any member of said Board of Appraisers is disqualified by reason of interest, re) lationship, or other cause, the Mayor and Board of
Aldermen of said City is authorized to appoint in the place of said disqualified member another person as a member of the aforesaid Board. The said Board of Appraisers, within ten days from the date of the resolution appointing said Board, shall file a written report of Report of the appraisal, assessment, and apportionment of such assessment.

108

PART !I.-TITLE Il.-MUNICIPAL CORPORATIONS.
Hartwell Street Improvements.

Objections, hearing.
Review.
Assessment roll.

expense and costs to the several lots and tracts of land abutting on said street, alley, lane, avenue, or other public place, whether owned by private individuals, associations, corporations, the County of Hart, or the City of Hartwell, so improved, with the Secretary and Treasurer of the Board of Aldermen of said city, in the manner and on the basis herein provided. When such report shall have been returned and filed, the Mayor and Board of Aldermen shall appoint a time for the holding of a session of said Board of Aldermen or shall designate a regular meeting of said Board of Aldermen for the hearing of any complaints or objections that may be made concerning said appraisement, apportionment, and assessment as to any such tract or lots of land abutting on said improvement; and notice of said session for said hearing shall be published by the Secretary and Treasurer of said city once a week for two consecutive weeks in a newspaper of general circulation in the City of Hartwell, which notice shall provide for an inspection of such report by any property owner or other party interested therein. The time fixed for said hearing shall not be less than seven days nor more than fifteen days from the date of the last publication. Said Mayor and Board of Aldermen at said session shall have the power to review and correct .said appraisement, apportionment, and assessment, and to hear objections to the same, and to confirm the same, either as made by said Board of Appraisers or as corrected by said Mayor and Board of Aldermen. When said appraisements, apportionments, and assessments shall have been finally fixed and determined, the Mayor and Board of Aldermen of said city shall make or cause to be made by the Secretary and Treasurer of said city a full and complete statement thereof, to be known as the 'Paving Assessment Roll of the City of Hartwell,' which shall contain substantially the names of the owners of the property against which said assessments are made, the location of the property so assessed, and the amount of each assessment so made in pursuance of the provisions of this Act, and

PART II.-TITLE Il.-MUNICIPAL CORPORATIONS. 109
Hartwell Street Improvements.
when due, which shall be entered upon the Minutes of the Mayor and Board of Aldermen of said city, and a certified copy thereof filed in the office of the Clerk of the Superior Court of Hart County upon the deed records thereof, and, when so filed and recorded in said Clerk's office, shall constitute notice of the existence roticb or of the lien of said assessments on the property abutting r1:~~rd: the streets, sidewalks, and other public places so improved; provided, however, that this requirement as to the filing of said certified copy in the office of the Clerk of the Superior Court of Hart County is cumulative, and shall not be construed as affecting in any manner the status, rank, or dignity of the assessment liens therein authorized to be made. When said assessments shall have been paid in full, the Secretary and Treasurer of the City of Hartwell is authorized to cause an entry to that effect to be made on the records of the Clerk of the Superior Court of Hart County, and also upon the records made by him."
Sec. 2. Be it further enacted by the authority aforesaid, that the Acts of the General Assembly of Georgia, approved August 18th, 1923, be and the same are hereby amended by striking therefrom Section 3 thereof, and substituting in lieu of said Section 3 the following sec- New sec. s. tion to be known as Section 3 of said original Act: "Sec. 3. Be it enacted by the authority aforesaid, that the Assessments. said Mayor and Board of Aldermen shall by written resolution levy an assessment against the lots or parcels of land abutting on said improvement, in accordance with said appraisement, apportionment, and assessment, as confirmed by the said Mayor and Board of Aldermen, and such assessments shall be due and pay- h able fifteen days after the date of the ordinance levying ~~e~n paysaid assessments, without interest; but each and every owner of property against which such an assessment has been levied shall have the privilege of electing to pay the same in ten equal annual installments, one of said installments being payable on the first day of De-

110 PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.
Hartwell Street Improvements.

Interest. Notes.
Estoppel.
Fees on notes.

cember next succeeding the date of the levy of such assessment, or at such other date or dates as the Mayor and Board of Aldermen may in their discretion fix, and one annual installment, together with annual or semiannual interest as fixed by said Mayor and Board of Aldermen, upon the amount remaining unpaid, shall become due and payable on the first day of December each succeeding year, by giving to the City of Hartwell his promissory notes in a form approved by said Mayor and Board of Aldermen for such deferred payments, with proper interest coupons attached thereto, for interest from the date of the ordinance levying said assessments, and payable annually or semi-annually, and on such dates as are fixed in said ordinance, which said notes shall not be in satisfaction and extinguishment of said assessments and the lien thereof on the property against which they have been levied, and said assessments and liens may be enforced for the payment thereof. Any property owner by electing to pay said assessment in ten equal annual installments by giving promissory notes for said installments shall be conclusively and forever held to have agreed, admitted, and declared that the said assessment is in every respect a valid lien against his property in accordance with the terms of the ordinance levying said assessments, and shall be forever estopped from contesting the same on any ground whatsoever. The notes so given shall contain a stipulation to pay, in addition to the principal and interest thereof, reasonable attorney fees, which may be col lected upon the City of Hartwell's serving written noticof its intention to issue an execution for said assessments, which notice shall be served upon the person owning the property against which the lien of said assessment exists, ten days prior to the issuance of said execution, which fees, if collected shall inure to the benefit of the City of Hartwell to reimburse it for any expense incurred in the collection of such assessments."
Sec. 3. Be it further enacted by the authority aforesaid, that the Act of the General Assembly of Georgia,

PART !I.-TITLE !I.-MUNICIPAL CORPORATIONS. 111
Hartwell Street Improvements.
approved August 18th, 1923, be and the same is hereby amended by striking therefrom Section 4 thereof and substituting in lieu of said Section 4 the following section to be known as Section 4 of said original Act, as follows: "Sec. 4. Be it further enacted by the authority afore- New see. 4.. said that no suit shall be sustained to set aside any such assessment or to enjoin the said Mayor and Board of Aldermen from making any such assessment or levying or collecting any such assessment, or from issuing bonds as hereinafter provided, or providing for their payment . . . as herem. authon.zed, or to contest t he val"1d"1ty t hereof aLcitmioitna.tiOn of on any ground or fo(any reason, unless such suit shall be commenced within sixty days after the passage of the ordinance making such assessment final; provided that in the event any special assessment shall be found to be invalid or insufficient, either in whole or in part, for any reason whatsoever, the said Mayor and Board of Aldermen may at any time, in the manner provided for the levying of the original assessment, proceed to cause a new assessment to be made and levied, which shall have like force and effect as an original asessment."
Sec. 4. Be it further enacted by the authority aforesaid, that Section 6 of the Act of the General Assembly of Georgia, approved August 18th, 1923, be and the same is hereby amended by striking therefrom the words, "which bonds shall in no event become a debt or liability sec. s of said City of Hartwell by reason of its issuing the same amended. for the purpose herein specified," so that when so amended said Section 6 shall read as follows: "Section 6. Be it enacted by the authority aforesaid, that any time after the date of the passage of the ordinance or resolution apportioning and levying the aforesaid assessment, the Mayor and Board of Aldermen of the City of Hartwell may by written ordinance or resolution provide for the issuance of .bonds in the aggregate amount remaining Bond issue. unpaid, which shall bear date as may be fixed and determined in said ordinance or resolution. Said bonds to be of such denomination as said Mayor and Board

112 PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.
Hartwell Street Improvements.

Bonds.

of Aldermen may determine; one tenth of the amount of such series, of bonds with the interest upon the whole

amount of such series shall become due and payable on

the first day of January next succeeding the date of the

issuance thereof, and one tenth of the amount of such

issuance of bonds together with the interest, annual or

semi-annual, upon the whole amount thereof remaining

unpaid, shall be payable on the first day of January in

each succeeding year until all of said installments shall

Interest. have been paid; said bonds shall bear interest at not

exceeding eight per cent. per annum from their date

until maturity, which interest may be required to be

paid annually or semi-annually, as said Mayor and Board

of Aldermen may determine, and shall be designated

'Street Improvement Bonds,' and shall on their face

recite the street or streets or other public place or places

for the improvement of which they have been issued,

and that they are payable from assessments which have

been levied upon lots, parcels, and tracts of land bene-

Signature and seal.

fitted

by

such

improvements

under

the

authority

of

this Act. Said bonds shall be signed by the Mayor of

the City of Hartwell and attested by the Secretary and

Treasurer thereof, and shall have thereupon the impres-

sion of the incorporate seal of said city, and shall have

attached thereto interest coupons; and all bonds issued

by virtue of this Act shall be payable at such place, either

within or wrhout the State of Georgia, as may be des-

Proceeds.

ignated by said Mayor and Board of Aldermen; the proceeds of said bonds shall be applied to the payment

of the contract price and other legal expenses incurred

in making such improvements, or such bonds may be,

in whole or in part, negotiated and delivered to the con-

tracting person, persons, firm, firms, corporation or

corporations, making and having made such improve-

ments, at such price as may be agreed upon in payment

of any amounts due upon contract or contracts, and any

portion of the bonds not so negotiated "may be sold or

otherwise dispose of by the aforesaid authorities of the

City of Hartwell, and the proceeds applied to any e

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.

113

Hartwell Street Improvements.
\
I )
pense incident to and incurred by the city in providing for such improvements; said bonds shall be registered Registry.
by the Secretary and Treasurer of the City of Hartwell as other bonds are authorized to be registered under the laws of this State, and a certificate of such registration shall be endorsed upon each of said bonds."

Sec. 5. Be it further enacted by the authority afore- sec. 7 said, that said Act be and the same is hereby amended amended.

by adding to Section 7 thereof the following: "That

the secretary and Treasurer of the City of Hartwell, in

addition to the bond now required of him by law as such

.

officer, shall g1. ve bond w1. th good and suffiC.ient secun"ty Tborneda.surers

to be approved by the Mayor of said city and payable

to the City of Hartwell, in an amount equal to the prin-

cipal and interest of the assessments due and payable

during any one year in which said assessments shall be

due and payable, which bond shall be for the use and

benefit of the holders of any of such street improvement

bonds herein authorized to be issued, which bond. shall

contain such conditions as the Mayor and Board of

Aldermen may by ordinance prescribe, and that the

City of Hartwell for itself or for others legally or equit-

ably interested in said street assessment bonds shall 8 u1.t on have the right to institute suit thereon in any court of bond.

competent jurisdiction; provided, however, that if the

governing authorities of said city shall fail or refuse to

institute suit thereon when having been requested so

to do in writing by any holder or holders of said street

improvement bonds, the holder or holders of said street

improvement bonds shall have the right to institute suit

thereon in the name of the City of Hartwell for the use

and benefit of the holder or holders of any of such bonds

and that the cost of so doing, including attorney fees,

shall be borne by the said City af Hartwell."

Sec. 6. Be it further enacted by the authority aforesaid, that Sec. 13 of said Act be and the same is hereby amended by striking therefrom the words "the City's

114

PART !I.-TITLE II.-MuNICIPAL CoRPORATIONS.

Homerville Registration of Voters.
J,

Sec. 13 amended.
Tax levy.

share of," so that said Section when so amended shall read as follows: "Section 13. Be it further enacted, that the Mayor and Board of Aldermen is hereby authorized and empowered to levy and collect an annual tax of not exceeding one dollar on each one hundred dollars worth of property within the city subject to municipal taxation, in addition to the tax now authorized to be levied for street purposes, which shall be a separate fund to be used as supplemental to the other fund herein provided for in making the improvements authorized under this Act, which shall be collected in the same manner as other taxes of the City of Hartwell are collected."

Sec. 7. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

Approved March 31, 1926.

HOMERVILLE REGISTRATION OF VOTERS.
N 0. 8, SECOND SESSION.
An Act to amend section six of an Act entitled "An Act to repeal an Act incorporating the Town of Homerville, in the County of Clinch, approved December 23, 1896, and the several Acts amendatory thereof, and to provide a new Charter for said Town, and for the election of a Mayor and Councilmen, to prescribe their powers and duties, and for other purposes," approved August 22, 1907, Acts 1907, pages 723-728, as amended, so as to provide for the registration of voters in the Town ~f Homerville, Georgia, and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section six of an Act entitled

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.
Homerville Registration of Voters.

115

"An Act to repeal an Act incorporating the Town of Homerville, in the County of Clinch, approved December 23, 1896, and the several Acts amendatory thereof, and to provide a new Charter for said Town, and for ~r':.~n'd~r07 the election of a Mayor and Councilmen, to prescribe their powers and duties, and for other purposes," approved August 22, 1907, Acts 1907, pages 723-728, as amended, be and the same is hereby amended by adding at the end thereof the following words, to wit: "Provided, the Mayor and Councilmen of the Town of Homerville may by proper ordinances provide for the registration of such voters and require them to register as an additional qualification," by striking from said sec- ~reg~~i~~~:on tion the word "male," and by striking from said section the words, "for officers of said Town," and placing in lieu thereof the words "held in the Town of Homerville, for any purpose whatever," so that said section six of said Act shall, when so amended, read as follows: "Be it further enacted, that all citizens qualified to vote for members of the General Assembly and who shall have paid all taxes legally imposed and demanded by the authorities of the Town and shall have resided thirty days within the limits of the corporation, and no other person, shall be qualified to vote at any election held in the Town of Homerville for any purpose whatever; provided the Mayor and Council of the Town of Homerville may by proper ordinances provide for the registration of such voters and require them to register as an additional qualification."
Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict therewith be and the same are hereby repealed.
Approved March 31, 1926.

116 PART 11.-TITLE 11.-MuNICIPAL CoRPORATIONS.
Jackson Street Improvements.

JACKSON STREET IMPROVEMENTS.
No. 10, FIRsT SESSION
An Act to authorize and empower the Mayor and Aldermen of the City of Jackson, Butts County, Georgia, to establish and change the grade of any streets, avenues, alleys, lanes, sidewalks and other public places in said city to improve the same by paving, macadamizing, and draining the same; to provide for the procedure for such grading, improving, paving, and draining, and for the making and collecting of assessments for the' same, and establishing a lien therefor; to provide for the payment of such grading, improving, paving, draining, or other street improvement by the abutting and adjacent property owners, either in whole or in part, on a basis of ten per cent. yearly of the amount assessed against the abutting and adjacent property owners and interest thereon for ten years; to provide for the payment of the part thereof to be paid by the City of Jackson, if any part, by payment in cash, notes, bonds, or other legal methods; to provide for the renewal of any such paving; and for other purposes.

Powers conferred.

Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That the Mayor and Aldermen of the City of Jackson, Butts County, Georgia, is hereby authorized and empowered to establish and change the grade of any streets, avenues, alleys, lanes, sidewalks, and other public places in the City of Jackson and to improve the same by paving, macadamizing, and draining the same whenever in its judgment the public convenience and welfare may require such improvements, subject only to the limitations prescribed in this Act.

Assessment
of abutting property.

Sec. 2. Be it further enacted by the authority aforesaid, that the lots, pieces, or parcels of land fronting and abutting upon both sides of said improvement shall be

PART !I.-TITLE !I.-MUNICIPAL CORPORATIONS. 117
Jackson Street Improvements.

charged with the cost thereof, according to the just pro rata of the cost of said improvement for the said frontage, on a basis of lineal foot frontage, between the abutting property owners on each side of said street, avenue, lane, alley, or sidewalk, of said city. Also, that the space covered by the intersection of intersecting streets, avenues ~~t~~~:~~~~ns lanes or alleys shall be assessed either as real estate belonging to said City of Jackson, or against the abutting or adjoining property owners, or between the abutting or adjoining property owners, and the City of Jackson, as may seem right and just in the sound discretion of said Mayor and Aldermen of said City.

Sec, 3. Be it further enacted that the said Mayor and

Aldermen shall have the power, and it shall be their duty,

Cost of improve-

to enact and pass any ordinance and to establish such ments.

rules and regulations as may be necessary to require the

owners of all property subject to assessment to pay the

cost of such improvements and to cause to be put in and

constructed all water, gas or sewer-pipe connections to

connect with any existing water, gas, or sewer-pipes in

and underneath the streets, avenues, lanes, and alleys

and other public places where such improvements are to

be made, and all cost and expense for making such con-

nections shall be taxed against such property and shall

be included and made a part of the general assessment to

cover the cost of such improvements in addition to the

basis of said lineal foot frontage.

Sec. 4. Be it further enacted by the authority afore-

said, that the Mayor and Aldermen of the City of Jackson Contracts.

shall be empowered to make and let contracts, and shall

provide

that

the

contractor shall

execute

to

the

City

of

Bond of Contractor.

Jackson a good and sufficient bond, in an amount to be

fixed by the Mayor and Aldermen, conditioned for the

full and faithful performance of the work and performance

of the contract for the paving and improving such streets,

lanes, alleys, avenues, and sidewalks of said City, and for

the protection of the said City and all property owners

118 PART II.-TITLE II.-MUNICIPAL CORPORATIONS.
Jackson Street Improvements.

interested against any loss or damage by reason of the negligent or improper execution of the work, and may require a bond, in an amount to be stated, for the maintenance of good condition of such improvements for a period of five years from the time of the completion of said work or such paving and improvements.

Advertisement for bids.
Publication of notice.

Sec. 5. Be it further enacted by the authority aforesaid, that the Mayor and Aldermen shall be empowered to advertise for sealed bids or proposals for the furnishing of materials and performing the work necessary in making such improvements, the notice of such proposal to state the street or streets, lanes, avenues, and sidewalks or other public improvements to be so improved, the kind of improvements proposed, what bond shall be required to be executed by the contractor aforesaid, and shall state the time when and the place where such proposals shall be filed, and to be considered by the said Mayor and Aldermen. Such notice shall be published in two consecutive issues of the newspaper wherein the Sheriff's advertisements are advertised in and for the County of Butts. At the time and place stated, said Mayor and Aldermen shall examine all bids received, and award the contract to the lowest and best bidder, reserving the right to reject any and all bids for any sufficient reason appearing to the Mayor and Aldermen.

Apportionment of assessments.

Sec. 6. Be it further enacteed by the authority aforesaid, that the said Mayor and Aldermen shall appoint three discreet persons as appraisers, either from among the Aldermen of said City or from the citizens of the City of Jackson, who shall appraise and assess the cost and expense of grading, draining, paving, or otherwise improving any street, avenue, alley, lane, sidewalk, or other public place to be improved, and apportion said cost and expense to the several lots, pieces, or parcels of land abutting and adjoining the said street, avenue, alley, lane, sidewalk,. or other public place to be so improved, said apportionment to be prorata on a basis of lineal foot

PART 11.-TITLE ll.-MUNICIPAL CORPORATIONS.

119

I

\

Jackson Street Improvements.

\

frontage of said property of the abutting land owners so

improved, and shall immediately after making such appor-

tionment, as aforesaid, make a written report and file the

same with the Mayor and Aldermen, who shall, upon

receiving the report, publish notice of the filing of said

report showing what streets, alleys, lanes, avenues, and

sidewalks, or other public places to be improved and

affected by said report, said notice to be published once

in the newspaper in which the Sheriff of Butts County

publishes legal notices, said notice requiring all persons

interested, who oppose said improvements or the said cost and expense as appraised, assessed, or apportioned, Objectiono.

to file their objections or protest to same within ten days

from the date of said publishing of said notice; and in the

event that any objection or protest may be filed, said

Mayor and Aldermen shall, after the expiration of said

ten days, pass on same, and may change same in any way

as may seem to them just and right in the premises, and

no protest shall be considered unless filed before the ex-

piration of said ten days notice.

Sec. 7. Be it further enacted by the authority afore-

said, that after the expiration of the time of hearing of Levy ot any protest that may be filed against the report of the assessments.

said appraisers stated in Sec. 6, the Mayor and Aldermen

shall levy assessments in accordance with said appraise-

ments and apportionments, as so conferred, against the

Several tracts Of land liable therefor, provided, however, Interest rate.

that the rate of interest to be taxed shall not exceed one

per cent. (I%) over and above the rate of interest stipu-

lated in the bonds herein provided for, and that said

assessments shall be payable in ten equal annual install-

ments. The first installment of said assessments, together

With

m terest

to

that

date

upon. the

whole,

shall

be

due

Installment payments.

and payable on the 1st day of December next succeeding

the passage of an ordinance passed for the purpose above

named, and one installment with the yearly interest upon

the amounts remaining unpaid shall be payable on the

first day of December in each succeeding year until all

120 PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.
Jackson Street Improvements.

shall be paid. Said ordinance shall also provide that the owners of the property so assessed shall have the privilege of paying the amount of their respective assessments, with the interset due thereon, within thirty days from the date of the passage of the ordinance, or on or before such date as said ordinance shall designate, and thus reliev.e his property from the lien of such assessment, and said ordinance shall also state from what date interest on said aessssments shall begin.

Lien of assessments.

Sec. 8. Be it further enacted by the authority aforesaid, that such special assessments and each installment thereof and interest thereon are hereby declared to be a lien against the property so assessed for such improvements from the date fixed in said ordinance levying the same, coequal with the lien of other taxes and prior and superior to all other liens against said lots, parcels, or tracts, and such lien shall continue until such assessments and interest thereon shall be fully paid.

Sec. 9. Be it further enacted by the authority afore-

Bond issue. said, that the said Mayor and Aldermen, after the expira-

tion of twenty days from the passage of an ordinance con-

firming and levying said assessment, shall by resolution

provide for the issuance of bonds in the aggregate amount

of such assessments remaining unpaid, bearing such date

as may be provided therein, and of such denominations

as the Mayor and Aldermen shall determine, which said

bond or bonds shall in no event become a liability of

the Mayor and Aldermen or the City of Jackson other

When pay-

able.

than hereby provided. One tenth in amount of any such

series of bonds shall be payable on the first day of January

next succeeding the maturity of the first installment of the assessments and interest, and one tenth thereof shall

1

be payable on the first day of January in each succeeding

year until all shall have been paid. Such bonds shall bear

Interest on interest at a rate not exceeding 6 per cent. (6%) per annum

bonds.

from date until maturity, payable annually, and shall be

designated as "Street Improvement Bonds," and shall on

PART 11.-TITLE 11.-MuNICIPAL CoRPORATIONS. 121
Jackson Street Improvements.
the face thereof recite the street or streets, parts of streets, avenues, lanes, and alleys, sidewalks, or other public places for the improvements of which they have been issued, and that they are payable solely from assessments which have been levied upon the lots, pieces, or parcels of land against which said assessments have been made under authority of this Act. Said bonds shall be signed by the Mayor and attested by the Clerk of the Council, ~!,~~ture and and shall have the impression of the corporate seal of said City thereon, and shall have interest coupons attached, and all bonds issued by authority of this Act shall be payable at such place either within or without the State of Georgia as shall be designated by said Mayor and Aldermen. Said bonds shall be sold at not less than par, and Sale price. the proceeds thereof applied to the payment of the contract price and other expenses of said improvements by the said Mayor and Aldermen; or such bonds, in the amount that shall be necessary for that purpose, may be turned over and delivered to the contractor at par value DisposaL in payment of the amount due on said contract; and the portion thereof which shall be necessary to pay other expenses incident to and incurred in providing for said improvements shall be sold or otherwise disposed of as said Mayor and Aldermen shall direct. Said bonds may be registered by the Clerk of the City of Jackson in a book to be provided for that purpose, and certificate of regis- Registry. tration by said Clerk shall be endorsed upon each of said bonds.
Sec. 10. Be it further enacted by the authority aforesaid, that the assessments provided for and levied under Payment of the provisions of this Act shall be payable by the person assessments. or persons owning said lots or tracts of land, or his transferees, assigns, or administrators, as the several installments become due, together with the interest thereon, to the Treasurer of the City of Jackson, who shall give proper receipts for such payments. It shall be the duty of the Treasurer to keep an accurate account of all such collec- ~o~~Z~'i~n~~ tions by him made, and such collections shall be kept in

122

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.
Jackson Street Improvements.

Notice by mail.
Executions.
Levy and aale. Title. Affidavit of illegality.

a special fund to be uesd and applied for the payment of such bonds and the interest thereon, and expense incurred thereto, and for no other purpose. It shall be the duty of the Treasurer of the City of Jackson, not less than thirty days and not more than forty days before the maturity of any installment of such assessments, to notify in writing of the maturity of said installment, by mailing same to his or her known address, notifying the person or persons owing same that unless the same be promptly paid on the date when it matures, proceedings will be taken to collect said installment and interest. And it shall be the duty of said Treasurer promptly after the date of the maturity of any such 1nstallment of such assessments and irtterest thereon, in the event of any failure or default of any person or persons to promptly pay said installment of such assessments when due with the interest due thereon, to issue an execution against said person defaulting and the tract or lot of land liable for said installment in default, and against which said installment is a lien under this Act, said executions to be issued in the name of the City of Jackson as other executions are issued and signed by the Treasurer of the City of Jackson or other proper officer for the amount of such assessment with interest due thereon, and shall turn over the same to the Chief of Police of the City of Jackson, or his deputy who shall levy the same upon the property liable therefor and previously assessed for such improvements, and, after due advertising as the law provides in the cases of the collections of city taxes, the same shall be sold at public outcry to the highest bidder, and such sales shall pass absolute title to the purchaser, subject to the lien of the remaining unpaid installments with interest, also subject to the right of remdeption as now provided by law in case of tax sales; provided, the owner of property upon which said execution was levied shall have the right to file an affidavit of illegality denying the whole or any part of the amount for which said execution issued, stating the amount admitted to be due, which amount admitted to be due shall be paid before the affidavit shall

PART H.-TITLE 11.-MUNICIPAL CORPORATIONS.
Jackson Street Improvements.

123

be accepted by the levying officer, and said affidavit shall also set out the reason claimed why the amount therein named is not due, and said affidavit shall be returned by said levying officer to the proper court having jurisdiction thereof for trial, and there tried as other affidavits of illegality are tried, subject to all the penalties provided in such cases. The failure of said Treasurer to give the notice of the due date of said installments of such assessments and interest due thereon shall in no wise effect the validity of the assessment and interest and the execution issued therefor. And that no suit shall be instituted to ~~ti!~~tion or set aside any assessment or enjoin the Mayor or Aldermen from making any assessment or the issuance of any execution, or the collecting of any assessments, or the issuance of said bonds, or providing for the payment of same, on any ground or reason, unless same is filed and instituted within sixty days from the act complained of.

Sec. 11. Be it further enacted by the authority afore-

said, that the

Mayor and Aldermen

of the City

of Additional assessment.

Jackson are hereby empowered to levy any additional

assessment for the drainage, repavement, or improvement,

after the expiration of the time provided herein, for the

maintenance of said improvements by the contractor so

improving same, for any and all streets, lanes, alleys, and

avenues and sidewalks of the City of Jackson.

Sec. 12. Be it further enacted by the authority aforesaid, that the Mayor and Aldermen of the City of Jack- Ordinances. son shall have the power and authority to pass any and all ordinances, and pass and make any resolutions, from time to time for the purpose of carrying into effect any and all of the provisions of this Act.

Sec. 13. Be it further enacted by the authority aforesaid, that the Mayor and Aldermen of the City of Jack- Contracts. son shall have the power to contract with the County Commissioner or Commissioners of the County of Butts, or with the State Highway Department, with reference

124

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.
Jackson Street Improvem~nts.

State and Federal aid.

to obtaining from the County of Butts any aid, or from the State Highway Department for State or Federal aid in any way, for the paving and improving around the public square whereon the County Court House is located, and to contract with said parties for any such aid in improving any street which in any way connects with the Public Highway leading in any direction to or through the City of Jackson by obtaining funds from either or both sources for paving said streets and other improvements.

Removal of obstructions.

Sec. 14. Be it further enacted by the authority aforesaid, that the Mayor and Aldermen of the City of Jackson shall have power to cause to be removed from the streets, sidewalks, or near either, any obstructions, telephone poles, trees, or posts, that in the discretion of said Mayor and Aldermen may interfere in any way with said grading, paving, or other improvements.

Charter provisions re.. tained.

Sec. 15. Be it further enacted by the authority aforesaid, that the provisions of this Act shall in no wise annul and void the present law, or any amendments thereto, or any provisions of the present Charter, or any amendments to said Charter of the City of Jackson, in reference to paving within the City, or of the manner of assessments, or for the collection of same, but the same shall be in addition to the present laws contained in its charter and its amendments thereto.

Sec. 16. Be it further enacted by the authority aforesaid, that all laws and parts of laws that conflict with this Act be and the same are hereby repealed.

Approved March 19, 1926.

PART II.-TITLE H.-MUNICIPAL CORPORATIONS.

125

Louisville Street Improvements.

LOUISVILLE STREET IMPROVEMENTS.
No. 13, SECOND SESSION.
An Act to amend an Act approved July lOth, 1925, entitled: "An Act to amend the Charter of the City of Louisville, Georgia, Jefferson County, as approved Dec. 18th, 1900, and the subsequent amendments thereto, so as to authorize and empower said City of Louisville, Georgia, through its governing authorities, to pave, macadamize, curb, and otherwise improve any or all of the sidewalks, footways, crosswalks, drains, gutters, streets, roads, lanes, alleys, public squares, or other public places, or highways, or any portions thereof, with in the corporate limits of said City, and to assess the costs of making such improvements in whole or in part against the abutting property owners, and of its owners benefited thereof; to provide for the apportionment and collection by legal process of such assessments, and to create a lien on such therefor; to provide for the issuing of bonds known as "Street Improvement Bonds" to be negotiated by the City, or otherwise used in making provisions for the payment of the cost of such improvements; to provide for a special fund for the retiring of such bonds, and to authorize the levy and collection of a tax on all the property in said City subject to municipal taxation, to be used in defraying the City of Louisville's share of the expense of said improvements; to authorize said improvements to be made and said paving and macadamizing to be done by said City of Louisville as herein provided, or in connection with any department of this State; to provide for the condemnation of private property for the public use, and the manner of acquiring same by the City and for other purposes," so as to provide for the appointment of a Board of Appraisers to fix the assessments against the abutting property owners for street improvements, for the public hearing of any objections

126

PART 11.-TITLE !I.-MUNICIPAL CORPORATIONS.
Louisville Street Improvements.

to the fixing of said assessments, for the levying of said assessments, and the manner in which said assessments shall be paid, and to provide a limit of time within which any suit may be filed or sustained to set aside any such assessment or prevent the levying or collecting of such assessment or the issuing of bonds therefor.

Act of 1925 amended.

Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act of the General Assembly of the State of Georgia approved July lOth, 1925, entitled: "An Act to amend the charter of the City of Louisville, Georgia, Jefferson County, as approved Dec. 18th, 1900, and the subsequest amendments thereto, so as to authorize and empower said City of Louisville, Georgia, through its governing authorities, to pave, macadamize, curb, and otherwise improve any or all of the sidewalks, footways, crosswalks, drains, gutters, streets, roads, lanes, alleys, public squares, or other public places, or highways, or any portions thereof, within the corporate limits of said City, and to assess the costs of making such improvements in whole or in part against the abutting property owners, and of its owners benefited thereof; and to provide for the apportionment and collection by legal process of such assessments, and to create a lien on such therefor; to provide for the issuing of bonds known as 'Street Improvement Bonds' to be negotiated by the City, or otherwise used in making provisions for the payment of the cost of such improvements; to provide for a special fund for the retiring of such bonds, and to authorize the levy and collection of a tax on all the property in said City subject to municipal taxation to be used in defraying the City of Louisville's share of the expense of said improvements; to authorize said improvements to be made and said paving and macadamizing to be done by said City of Louisville as herein provided, or in connection with any department of this State; to provide for the

PART II.-TITLE 11.-MUNICIPAL CORPORATIONS.

127

Louisville Street Improvements .

condemnation of private property for the public use, and the manner of acquiring same by the City and for other purposes," be and the same is hereby amended in the following manner, to wit: By striking from said Act Sections 2, 3, and 4 thereof, and repealing said Sections 2, 3, and 4, which said Sections read as follows, to wit: Sec. 2. Be it enacted by the authority aforesaid, that whenever any of the side sidewalks, footways, crosswalks, drains, gutters, streets, roads, lanes, alleys, public squares, highways, or other public places or any portion thereof within the limits of said City, shall have been authorized under the laws and ordinances thereof to be paved, macadamized, curbed, or otherwise improved, and the contract therefor has been let and the cost of such improvements has been ascertained, which cost shall include all the expenses incurred by the City incident to such improvements, including the cost of intersections, on any street or streets to be paved, the Mayor and Council of said City shall by written resolution apportion the cost and expense of the same pro rata per lineal front foot to the several tracts, lots, or parcels of land abutting upon the area covered by such proposed improvements, and then shall levy assessments against said abutting property and the owners thereof in accordance with such apportionments as is hereafter provided for, which assessments shall be paid in not more than ten equal annual installments, and shall bear interest at the rate of not exceeding eight per cent. per annum until paid, which interest may, in the discretion of said Mayor and Council by proper written resolution, be required to be paid annually or semi-annually at such time or times said Mayor and Council may fix and determine. Sec. 3. Be it enacted by the authority aforesaid, that the Mayor and Council of the City of Louisville is hereby constituted the board of appraisers, whose duty it shall be to ascertain the cost of the improvements provided for in this Act, and fix
and apportion the cost and expense of the aforesaid improve-
ments pro rata per lineal front foot to the several tracts,

128 PART !I.-TITLE !I.-MuNICIPAL CoRPORATIONS.
Louisville Street Improvements .

lots, or parcels of land abutting upon the area covered by such improvements. A majority of said Board shall constitute a quorum, and a majority of such quorum shall be all that is required in the decision of any question before said board for determination; provided, however, that the Mayor and Council of the City of Louisville may in its discretion appoint from among the residents of the City of Louisville five persons who shall constitute said Board of Appraisers, the person or persons so appointed to be freeholders in said City of Louisville, and shall possess the same qualifications as are required by the charter and ordinances of the said City of Lousville for the office of Mayor, and when so apointed shall do and perform all the duties as provided for in this Act. In the event any member of said Board of Appraisers is disqualified by reason of interest, relationship, or other causes, the Mayor and Council of said City is authorized to appoint in the place of such disqualified member another person as a member of the aforesaid Board. Sec. 4. Be it enacted by the authority aforesaid, that the first installment of such assessments, together with the interest upon the whole, shall be due and payable on the first day of December next succeeding the date of the levy of such assessment, or at such other date or dates as the Mayor and Council may in their discretion fix and determine, and one installment together with the semi-annual or annual interest upon the amount remaining unpaid shall be due and payable on the first day of December of each succeeding year, or at such other date or dates as the aforesaid authorities may fix and determine, until all of the assessments, including the interest thereon, shall have been paid, but the date or dates upon which said assessments and the interest thereon shall be required to be paid, and whether annually or semi-annually, shall be by written resolution fixed and determined at the time the assessments and the apportionments thereof are made; provided, however, any one or more of the owners of the property assessed shall have the privilege of paying

PART II.-TITLE 11.-MUNICIPAL CoRPORATIONS.
Louisville Street Improvements.

129

the amount assessed against his property within thirty days from the date of the passage of the resolution levying such assessment, without interest, thereby .relieving such property from the lien of such assessment."

Sec. 2. Be it further enacted by the authority aforesaid, that said Act approved July lOth, 1925, is amended by substituting in lieu of said Sections of said Act numbered 2, 3, and 4, the following two Sections, to be known as Sections 2 and 3 of said Act, which said amended Sections are as follows, to wit: Sec. 2. Be it enacted New sections.
by the authority aforesaid, that whenever any of the sidewalks, footways, drains, gutters, streets, roads, lanes, alleys, public squares, highways, or other public places or any portion thereof, within the limits of said City, shall have been authorized under the laws and ordinances thereof to be paved, macadamized, curbed, or otherwise improved, and the contract therefor has been let, and the cost of such improvements has been ascertained, which cost shall include all of the expenses incurred by the City incident to such improvements, including the costs of intersections on any street or streets to be paved, the Mayor and Council of said City Boartl of shall by written resolution appoint a board of appraisers, appraisers.
consisting of five persons who shall be freeholders of said City of Lousville, and shall possess the same qualifications as are required by the Charter and ordinances of said City of Lousville for the office of Mayor; and when said Board is appointed, they shall do and perform all the duties provided for in this Act. In the event any member of said Board of Appraisers is disqualified hy reason of interest, relationship, or other cause, the Mayor and Council of said City is authorized to appoint in the place of said disqualified member another person as a member of the aforesaid Board. The said Board of Appraisers, within ten days from the date of the resolution appointing said Board, shall file a written report ~.e.:'e~rstm~~'t of the appraisal and assessment and apportionment of ~;;,~mae"~~r such expense and cost to the several lots and tracts of

130

PART II.-TITLE 11.-MUNICIPAL CORPORATIONS.
Louisville Street Improvements.

land abutting on said street, alley, lane, avenue, or

other public place so improved, with the Clerk of Council

of said City, in the manner and on the basis herein pro-

vided. When such report shall have been returned

and filed, the Mayor and Council shall appoint a time

for the holding of a session of Council, or shall designate

a regular meeting of Council for the hearing of any com-

Objections. plaints or objections that may be made concerning said appraisement, apportionment, and assessment as

to any such tracts or lots of land abutting on said im-

Notice.

provement; and notice of the said session for the said

hearing shall be published by the said Clerk of Council

once a week for two consecutive weeks, in .a newspaper

of general circulation in the City of Lousville, and said

notice shall provide for an inspection of such report

by any property owner or other party interested in such

report. The time fixed for said hearing shall not be less

than seven days nor more than fifteen days from the last

Review of publication. The said Mayor and Council at said sesappraisement. sion shall have the power to review and correct said

appraisement, apportionment, and assessment,. and to

hear objections to the same and to confirm the same,

either as made by the said Board or as corrected by said

Mayor and Council.

Assessment levy.
Payments.
installments.

Sec. 3. Be it enacted by the authority aforesaid, that the said Mayor and Council shall by written resolution levy an assessment against the lots or parcels of land abutting on said improvement, in accordance with said appraisement, apportionment, and assessment, as confirmed by the said Mayor and Council, and such assessments shall be due and payable fift~n days after the date of the ordinance levying said assessments, without interest; but each and every owner of property against which such an assessment has been levied shall have the privilege of electing to pay the same in ten equal annual installments, one of said installments being payable on the first day of December next succeeding the date of the levy of such assessment, or

PART II.-TITLE !I.-MUNICIPAL CORPORATIONS.

131

Louisville Street Improvements.

at such other date or dates as the Mayor and Council may in their discretion fix, and one annual installment, together with annual or semi-annual interest as fixed by said Mayor and Council upon the amount remaining unpaid, shall become due and payable on the first day of December each succeeding year, by giving to the City of Lousville his promissory notes in a form approved Notes. by said Mayor and Council for such deferred payments, with proper interest coupons attached thereto, for interest from the date of the ordinance levying said assessments, and payable annually or semi-annually and on such dates as are fixed in said ordinance, which said notes shall not be in satisfaction and extinguishment of said assessments and the lien thereof, but shall be secured by said assessments and the lien thereof on the property against which they have been levied, and said assessments and liens shall be enforced for the payment thereof. Any property owner, by electing to pay said assessment in ten equal annual installments by giving promissory notes for said installments, shall be con- Estoppel. clusively and forever held to have agreed, admitted, and declared that the said assessment is in every respect a valid lien against his property in accordance with the terms of the ordinance levying said assessments, and shall be forever stopped from contesting the same on any ground whatsoever.

Be it further enacted by the authority aforesaid, that said Act approved July lOth, 1925, is hereby amended New Sec. 16.

by adding thereto a Section to be known as Section 16,

and reading as follows, to wit: Sec. 16. Be it further

enacted by the authority aforesaid, that no suit shall be

sustained to set aside any such assessment or to enjoin

the said Mayor and Council from making any such

assessment or levying or

collecting any such

assessment,

Limitation of action.

or from issuing bonds as hereinafter provided, or pro-

viding for their payment as herein authorized, or to

contest the validity thereof on any ground or for any

reason, unless such suit shall be commenced within

132

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.
Marietta Business-License Tax.

New assessment.

sixty days after the passage of the ordinance making such assessment final; provided, that in the event any special assessment shall be found to be invalid or insufficient, either in whole or in part, for any reason whatsoever, the said Mayor and Council may at any time, in the manner provided for the levying of the original assessment, proceed to cause a new assessment to be made and levied, which shall have like force and effect as an original assessment.

Sec. 4. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

Approved April 2, 1926.

MARIETTA BUSINESS-LICENSE TAX.
No. 7, FmsT SESSION.
An Act to amend the Act approved August 18, 1925, Acts of 1925, pages 1176-1178, entitled: "An Act to amend an Act creating a new charter for the City of Marietta, in the County of Cobb, and to consoli-date and declare the rights and powers of said corporation, and for other purposes, passed by the General Assembly of 1904, and approved August 15th, 1904, by providing a permanent registration of the voters of said city in municipal elections; to provide a maximum business license of $100.00 and a minimum business license of $25.00, and providing further that the sum of $5,000.00 of the first money received from the sale of licenses be paid over to the school funds of the city for use of the Board of Education, provided there is a city board of Education, for educational purposes and providing further that any money derived from this source, in addition thereto, to go into the general fund of the city, and for other purposes," so as

PART II.-TITLE !I.-MUNICIPAL CORPORATIONS.

133

Marietta BusinessLicense Tax.

to provide that $75.00 shall be the maximim and $5.00 shall be the minimum, amount of annual business tax from any individual, firm, or corporation engaged in business in said city, that said Mayor and Council shall be authorized to levy and collect; and by repealing that portion of said Act which provides that: "Five thousand ($5,000.00) dollars of the first money received from the sale of licenses shall be paid into the school funds of the city for use of the Board of Education of said city, provided there is a Board of Education in said city, for educational purposes in said city, and any money derived from this source in addition thereto to go into the general fund of the city,"' and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authori- :~!nfeJ.926 ty of the same, That from and after the passage of this Act the Act of the General Assembly approved August 18, 1925, amending the Act of the General Assembly of 1904, creating a new charter for the City of Marietta, be and the same is hereby amended by striking from Sec. 2 of said Amendatory Act the second paragraph of said section and all' of said Sec. 2 that occurs after the word "following," in the ninth line of said Sec. 2, and the third and last word thereof, and inserting in lieu thereof the following: "Seventy-five ($75.00) dollars to be the maximum amount to be levied and five ($5.00) dollars to be the minimum amount to be levied against any business under this clause," so that said section, when amended, with the line 35 and part of line 36 stricken as above, shall read as follows: "Seventyfive ($75.00) dollars to be the maximum amount to be levied and five ($5.00) dollars the minimum amount to be levied against any business under this clause," so that said Sec. 2 of said Amendatory Act, when so amended, shall be as follows:
Sec. 2. Be it further enacted by the authority afore- To be read. said, that from and after the passage of this Act the Act

I 34 PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.
Marietta Public Schools; Local Tax.

of the General Assembly of Georgia approved August

15th, 1904, creating a new charter for the City of Mari-

etta, be and the same is hereby amended by striking

from Sec. 26, lines 35 and 36, as printed in the Acts of

1904, beginning with the words 'twenty-five dollars'

Maximum and minimum

and ending with the word

'clause,'

and inserting in lieu

b u s i n e s s - H .. eense taxes.

thereof the following: Seventy-five ($75.00) dollars to

be"'the~maximum amount to be levied and five ($5.00)

dollars to be the minimum amount to be levied against

any business under this clause, so that said section when

amended, with the line 35 and part of line 36 stricken

as above, shall read as follows: 'Seventy-five ($75.00)

dollars to be the maximum amount to be levied and

five ($5.00) dollars to be the mimimum amount to be

levied against any business under this clause,'''

Sec. 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed.

Approved March 18, 1926.

MARIETTA PUBLIC SCHOOLS; LOCAL TAX.
No. 6, FIRsT SEsSION.
An Act to amend the Act approved August 7, 1920, Acts of 1920, pages 1233-1235, entitled: "An Act to amend an Act to create a system of public schools for the City of Marietta, in the County of Cobb; to levy a tax and provide a support for the same; to create a Board of Education, and define their powers and duties; to authorize a bonded indebtedness for said city, and other purposes, approved December 29, 1890, as amended by an Act approved September 26, 1891, so as to increase the tax levy provided for in Sec. 2 of said amended Act from five twentieths of

PART 11.-TITLE 11.-MuNICIPAL CoRPORATIONS. 135
Marietta Public Schools ; Local Tax.

one per cent. to one half of one per cent. on all taxable property of said city, and for other purposes," so as to incre~se the tax levy provided for in Sec. one of said amending Act from one half of one per cent. to sixty two cents per hundred dollars on all taxable property of said city, and for other purposes.

Section 1. Be it enacted by the General Assembly

of Georgia, and it is hereby enacted by authority of the

same,

that

the

Act

approved

August

7,

11~20,

amendm g

Act of 1926 amended.

the Act approved December 29, 1890, to create a system

of public schools for the City of Marietta, as amended

by the Act approved September 26, 1891, be and the

same is hereby amended by striking the words "one

half of one per cent." in the 17th line of Section 1 of

said Amendatory Act of 1920 and inserting in lieu there-

of the words "sixty-two cents per hundred dollars," so

that said Section 1 of said Amendatory Act of 1920,

when amended, shall read as follows: "Section 1. Be it To be read.

enacted by the General Assembly of Georgia, and it is

hereby enacted by authority of the same, that an Act

establishing a system of public schools in and for the

City of Marietta approved December 29, 1890, as

amended by an Act approved September 26, 1891, be

and the same is hereby amended so as to change Sec. 2

of said amended Act as follows: By striking the words

'five twentieths' immediately after the word 'exceed,'

and immediately preceeding the words 'of one per cent.,'

and inserting therein the words 'sixty-two cents per

hundred dollars, so that when said section is amended

it will read as follows: "That if said election shall be

for public schools and bonds, as provided in Sections

1 and 2 of the original Act the Mayor and Council of

the City of Marietta, Georgia, shall levy and collect a sInchcoreoals-teaxof tax annually in addition to that now allowed by law, levy.

not to exceed sixty-two cents per hundred dollars on

all taxable property in said city for the purpose of sup-

porting and maintaining said public schools, and said

funds shall not be used for any other purpose. The

136

PART H.-TITLE !I.-MUNICIPAL CORPORATIONS.
Marietta Public Schools; Local Tax.

clerk of the Council shall pay over said funds to the treasurer of the board, less such commissions as said clerk may be entitled to out of said fund.

Referendum to voters.
Ballots.
Notice of election.
Additional elections.

Sec. 2. Be it further enacted by the authority aforesaid, that the provisions of this Act, so far as the same relates to an increase in taxation for the support of public schools of Marietta, shall not take effect until same is ratified by an election to be held in the City of Marietta, which election must be called by the Mayor and Council of said City within thirty days after they receive notice from the Board of Education of said City to order said election, and all persons who are qualified and entitled to vote for Mayor and Council in said election herein provided. All voters who favor such local taxation for public schools shall have written or printed on their ballots "For local tax for public schools," and those who oppose shall have written or printed on their ballots "Against local tax for public schools," and in case a majority of the votes cast in said election shall be "For local tax for public schools," then it shall, be the duty of the Mayor and Council of Marietta to annually raise by taxation, in the manner now provided by law, a sum sufficient to carry out the purposes of this Act, provided same shall not exceed sixty-two cents per hundred dollars, on the taxable property of said City. The Mayor and Council shall give public notice of the election once a week for two weeks in any newspaper having a general circulation published in said City. The returns. of said election shall be made to and the result of same declared by said .Mayor and Council of Marietta. Should the requisite majority fail to vote for said increased taxation, then any number of elections may be thereafter held under the provisions of this Act, after due notice as herein provided, until said increased taxation receives a majority of the votes cast in said election; provided, no other election may be held sooner than six months after the holding of an election.

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS. 137
McRae Street Improvements.
Sec. 3. Be it further enacted, that all laws and parts of laws in conflict herewith be and they are hereby repealed.
Approved 1\Iarch 15, 1926.
McRAE STREET IMPROVEMENTS.
No. 5, SEcoND SESSION.
An Act to amend an Act approved August 1st, 1918, entitled "An Act to amend by substitution an Act creating a new Charter for the City of McRae and to consolidate the Acts relating to the acts and powers of said Corporation, to enact amendments thereto, and for other purposes," as amended by an Act approved July 21st, 1925, so as to provide for all of the cost of street improvements in said City of McRae to be apportioned and assessed against the abutting property and the owners thereof on each side of the street or the public thoroughfare to be paved, macadamized, or otherwise improved according to the frontage of said property thereon, and for other purposes.
Section 1. Be it enacted by the General Assembly Act of 1925 of the State of Georgia, and it is hereby enacted by amended. authority of the same, that the Act approved July 21, 1925, entitled "An Act to amend an Act approved August 1st, 1918, entitled an Act to amend by substitution an Act creating a new Charter for the City of McRae and to consolidate the Acts relating to the acts and powers of said Corporation, to enact amendments thereto, and for other purposes, so as to empower the City of McRae to pave, macadamize, curb, and otherwise improve any of the sidewalks, footways, crosswalks, drains, gutters, streets, roads, lanes, alleys, public squares, or other public places, highways, or any portion thereof

138 PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.
Milledgeville Street Improvements.

New Sec. 7.
Whole cost asessed.

within the corporate limits of the City of McRae, and to assess the costs of making such improvements in whole or in part against the abutting property and its owners benefited thereby; to provide for the apportionment and collection by legal process of such assessments, and to create a lien on such property therefor; to provide for the issuing of bonds to be known as 'Street Improvement Bonds' to be negotiated by the City of McRae or otherwise used in making provision for the payment of the cost of such improvements; to provide for a special fund for the retiring of such bonds, and to impose punishment as for a misdemeanor on any one using such funds for any other purpose; and for other purposes," be and the same is hereby amended by striking out and repealing all of Section Seven (7) thereof and substituting for said Section Seven (7) the following: Be it further enacted by the authority aforesaid tl}at the entire expense of making all such street improvements as are authorized by this Act, together with the whole cost of all materials used in making such improvements, shall be assessed against the property abutting on such thoroughfares and receiving the benefits of such improvements, and shall be paid by the owners of such property according to its frontage.

Sec. 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

Approved March 31, 1926.

MILLEDGEVILLE STREET IMPROVEMENTS.
No. 37, SEcoND SESSION.
An Act to amend an Act providing for the improvement and paving of the streets, sidewalks, squares, and alleys of the City of Milledgeville, approved August 21st, 1925, and to provide for the assessment of the

PART !I.-TITLE 11.-MuNICIPAL CoRPORATIONS.
Milledgeville Street Improvements.

139

cost of improving and paving the intersections of streets, lanes, apd alleys in the said City against owners of land and against the land abutting on the streets, lanes, and alleys improved or paved, and for other purposes.

Section 1. Be it enacted by the General Assembly m Act or
of Georgia, and it is hereby enacted by authority of the ~~!n~~~: 11.

same, that the Act approved on August 21st, 1925,

providing for the improvement of streets, sidewalks,

squares, and alleys of the City of Milledgeville, be and

the same is hereby amended: 1st. By adding after Sec-

tion 30 in said Act the following section: Section 31.

Be it further enacted, that the Mayor and Aldermen of

the city of Milledgeville be and they are hereby autho-

rized, if in their discretion they determine it to be to A

the

best

m. terest

of

the

C1. ty,

to

assess

the

cost

of

the

ssessment or wholv coat.

. paving or improvement of the intersections of streets,

lanes, and alleys in the said City against the abutting

lands of the unit improved or paved, and may include

the cost of improving or paving of any or all street and

alley intersections in any improvement unit in the total

cost of said improvement project, and assess same against

the abutting owners and abutting land on each side of

said street or alley or section to be improved or paved

in the same manner provided in this Act, and the cost

of the improving and paving said intersections may be

included in the bonds issued under this Act, and the

assessments for the improving and paving said inter-

sections shall constitute a lien against the lots and tracts

of land so assessed, as provided in Section 13 of this

Act.

Sec. 2. Be it further enacted that Section 31 of the Act approved August 21st, 1925, be numbered 32.

Sec. 3. Be it further enacted that all laws and parts of laws conflicted in this Act be and the same is hereby repealed.

Approved April 17, 1926.

140

PART 11.-TITLE !I.-MUNICIPAL CORPORATIONS.
Millen Street Improvements.

. MILLEN STREET IMPROVEMENTS. :No. 15, SEcoND SEsSION.
:\.n Act to amend the Charter of the City of Millen, in Jenkins County, approved August 20, 1906, Acts of 1906, pages 868 to 894, inclusive, and Acts amendatory thereof, so as to empower the Mayor and Council to require any street, lane, alley, or sidewalk in the City of Millen to be paved with such material and in such manner and at such time as they may determine by ordinance or resolution, and to provide for the payment of one third of the expense of s~ch :paving by the City of Millen and the other two thirds by the abutting property owners, in just proportion to the frontage of said property, and the notice to be given abutting or fronting property owners, and the manner of collecting the amount assessed against them; to empower the Mayor and Council in their discretion, upon being petitioned
. by three fourths of the abutting property owners on any particular street or portion of a street in said City, to grade, pave, macadamize, or otherwise improve the streets or sidewalks abutting their respective properties, to have mch improvements made without further notice, and in their discretion assess the abutting property owners either the entire costs of such paving or other impwwmmts or two thirds of the same; to authorize the City of Millen to issue bonds for the purpose of paving the streets and sidewalks of said City, or to pay its proportionate share of the costs of paving any street or streets or sidewalks of said City, when authorized by a vote of two thirds of the qualified voters of said City at any election to be held for that purpose, and for other purposes.

Powers conferred.

~ec. 1. Be it, and it is, hereby enacted by the general AsEm:bly of the State of Georgia, that the Mayor and Ccuncil of the City of Millen, a municipal corporation in corporated by an Act of the General Assembly of

PART II.-TITCE II.-MUNICIPAL CoRPORATIONS.
Millen Street Improvements.

141 .

Georgia, August 20, 1906, shall have full and complete power and authority by a majority vote at a regular or called meeting to require any street, alley, lane, sidewalk, or street crossing to be paved, in such manner and with such material and at such time as they may determine by resolution or ordinance. One third of the expense of
paving streets shall be borne by the City, and the other Paving extwo thirds by the abutting property owners in just pro- pense assessportion to the frontage of said property. The entire ed. expense of paving sidewalks, lanes, and alleys shall be borne by the abutting property owners in just proportion to the frontage of said property thereon. Whenever the Mayor and Council shall determine to pave any street, sidewalk, lane, or alley in said City, they shall require the City Clerk to notify in writing all persons owning Notice. property abutting or fronting thereon, of such intention, together with a statement of the amount assessed against said property therefor; and the City shall at once proceed to do said paving or cause it to be done, and when the same is completed it shall be the duty of said property Time for owners to pay into the Treasury of the City, within payment.
twenty days after said work is completed, the amount so assessed against their property. And in case any property owner shall fail or refuse to do so, the City Clerk is authorized and empowered to issue instanter an execution against Execution said owner and against said property, which shall be a Lien. lien on said property superior to all other liens, except Levy and liens for taxes, and said execution shall be levied on said sale.
property by thy Chief of Police or Marshall of the City, and the same advertised and sold at public auction in conformity to the law of this State governing the sales of property under judgment and execution by thy sheriffs. Said Chief of Police or Marshal shall make to the purchaser a good and valid deed thereto, conveying title as Title. fully and complete as sheriffs of this State are authorized to do at public sales under judgment and execution. The City of Millen shall have full right to bid on and purchase said property at said sale should the Mayor and Council choosE tc offe1 the highest bid therefor; where-

142 PART 11.-TITLE ll.-MUNICIPAL CoRPORATIONS.
Millen Street Improvements.

Pos'session.

upon said deed shall be made to said City. Said Chief of Police or Marshall is authorized and empowered to proceed at once to dispossess said owner and put the purchaser at said sale in possession.

Sec. 2. Be it further enacted by the authority afore-

said, that the Mayor and Council of the City of Millen

may in their discretion, upon being petitioned by three

fourths of the abutting property owners on any particular

Paving

street or portion of a street in said City, for said Mayor

without tic e.

no-

and Council to either grade, pave, macadamize or other-

wise improve the sidewalks abutting their respective prop-

erties, or upon a like petition for said Mayor and Council

to grade, pave, macadamize, or otherwise improve the

street or road-bed proper, have said work done without

further notice, and may in their discretion assess the abut-

ting property owners either the entire costs of such im-

Assessment of entire cost.

provements

or

two

thirds

costs

of

the

same,

which

said

work, when done under this Section, shall in other respects

be governed by the powers, authority, and law given in

Section One of this Act.

Bond issue. Election.

Sec. 3. Be it further enacted by the authority aforesaid, that the Mayor and Council of the City of Millen may issue bonds for the purpose of paving the street and sidewalks of said City, or for the purpose of paying its proportionate share of the costs of paving any streets or streets or sidewalks, when authorized by a vote of two thirds of the qualified voters of said City at an election to be held for that purpose. Such election shall be called and held, and such bonds shall be issued in conformity with the general law governing the holding of election for and issuing of bonds by municipalities in this State.

Sec. 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

Approved April 2, 1926.

PART 11.-TITLE Il.-MUNICIPAL CORPORATIONS.

143

Millen Street Improvements.

MILLEN STREET IMPROVEMENTS.
No. 23, SECOND SESSION.
An Act to amend the charter of the City of Millen, in Jenkins County, approved August 20th, 1906, Acts of 1906, pages 868 to 894, inclusive, and Acts amendatory thereof, so as to empower the Mayor and Council to require any street, lane, alley, or sidewalk in the City of Millen to be paved with such material and in such manner and at such time as they may determine by ordinance or resolution, and to provide for the payment of one third of the expense of such paving by the City of Millen and the other two thirds by the abutting property owners, in just proportion to the frontage of said property, and the notice to be given abutting or fronting property owners, and the manner of collecting the amount assessed against them; to empower the Mayor and Council, in their discretion, upon being petitioned by three fourths of the abutting property owners on any particular street or portion of a street in said City, to grade, pave, macadamize, or otherwise improve the streets or sidewalks abutting their respective properties, to have such improvements made without further notice, and in their discretion assess the abutting property owners either the entire cost of such paving or other improvements or two thirds of the same; to authorize the City of Millen to issue bonds for the purpose of paving the streets and sidewalks of said City, or to pay its proportionate share of the costs of paving any street or streets or sidewalks of said City, when authorized by a vote of two thirds of the qualified voters of said City at any election to be held for that purpose, and for other purposes.

Section 1. Be it, and it is, hereby enacted by the

General Assembly of the State of Georgia, that the Mayor

Powers conferred.

and Council of the City of Millen, a municipal corpora-

144

PART !I.-TITLE 11.-MUNICIPAL CORPORATIONS.
Millen Street Improvements.

tion incorporated by an Act of the General Assembly

of Georgia, August 20th, 1906, shall have full and com-

plete power and authority by a majority vote at a regular

or called meeting to require any street, alley, lane, side-

walk, or street crossing to be paved, in such manner,

and with such material, and at such time as they may

determine by resolution or ordinance. One third of

the expense of paving streets shall be borne by the City,

and the other two thirds by the abutting property own-

Expense of l)aving.

ers in just proportion to the frontage of said property.

The entire expense of paving sidewalks, lanes, and alleys

shall be borne by the abutting property owners in just

proportion to the frontage of said property thereon.

Whenever the Mayor and Council shall determine to

pave any street, sidewalk, lane, or alley in said City,

Notice of assessments.

they

shall

require

the

city

clerk

to

notify in writing all

persons owning property abutting or fronting thereon,

of such intention, together with a statement of the amount

assessed against said property therefor; and the City

shall at once proceed to do said paving or cause it to

be done; and when the same is completed, it shall be

Time for payment.

the duty of said property owners to pay into the treasury of the city, within twenty days after said work is com-

pleted, the amount so assessed against their property.

And in case any property owner shall fail or refuse to

do so, the city clerk is authorized and empowered to

Execution.
Lien.
Levy and sale.

issue instanter an execution against said owner and against said property, which shall be a lien of said property superior to all other liens, except liens for taxes, and said execution shall be levied on said property by

the chief of police or marshal of the city, and the same

advertised and sold at public auction in conformity to

the law of this State governing the sales of property

under judgment and execution by the sheriffs. Said

chief of police or marshal shall make to the purchaser a

Title.

good and valid deed thereto, conveying title as fully

and complete as sheriffs of this State are authorized to

do at public sales under judgment and execution. The

City of Millen shall have full right to bid on and pur-

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS. 145
Millen Street Improvements.

chase said property at said sale should the Mayor and Council choose to offer highest bid therefor; whereupon said deed shall be made to said City. Said chief of police or marshal is authorized and empowered Possession. to proceed at once to dispossess said owner and put the purchaser at said sale in possession.

Sec. 2. Be it further enacted by the authority afore-

said, that the Mayor and Council of the City of Millen

may in their discretion, upon. being petitioned by three

fourths of the abutting property owners on any parti-

cular street or portion of a street in said city, for said

Mayor and Council to either grade, pave, macadamize,

or otherwise improve the sidewalks abutting their res-

pective properties, or upon a like petition for said Mayor

and Council to grade, pave, macadamize, or otherwise Paving withimprove the street or road-bed proper, have said work out .notice.

done without further notice, and may in their discretion Assessment

assess

the

abutting

property

owners

either

the

entire

of entire cost.

costs of such improvements or two thirds costs of the

same, which said work, when done under this Section,

shall in other respects be governed by the powers, au-

thority, and law given in Section 1 of this Act.

Sec. 3. Be it further enacted by the authority aforesaid, that the Mayor and Council of the City of Millen Bond issue. may issue bonds for the purpose of paving the streets and sidewalks of said city, or for the purpose of paying its proportionate share of the costs of paving any street or streets or sidewalks, when authorized by a vote of two thirds of the qualified voters of said City at an election to be held for that purpose. Such election shall be called and held and such bonds shall be issued Election. in conformity with the general laws governing the holding of elections for and the issuing of bonds by municipalaties in this State.

. Sec. 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

Approved April 9, 1926.

146

PART 11.-TITLE !I.-MUNICIPAL CORPORATIONS.

Moultrie Street Improvements.

MOULTRIE STREET IMPROVEMENTS. No. 19, SEcoND SESSION.

An Act to amend an Act of the General Assembly of Georgia, approved November 20th, 1901, entitled "An Act to create a new charter for the City of Moultrie, in the County of Colquitt, and for other purposes," and to amend particularly an Act approved August 18th, 1913 (Georgia Laws, 1913, pp 1062-1065), amending said original charter of said City, and to amend the several Acts amendatory to either of the abovedescribed Acts, so as to authorize and empower said City of Moultrie to establish and to change the grade of, and to pave, macadamize, curb, and otherwise improve, any or all of the sidewalks, footways, crosswalks, drains, gutters, streets, avenues, intersections, lanes, alleys, public squares or other public places or highways or any portion thereof, within the corporate limits of said City; to assess the cost of making such improvemenU> in whole or in part against the abutting property and its owners benefited thereby; to provide for the procedure of making and collecting such assessments for the same, and for the hearing of complaints and objections by the Mayor and City Council (or aldermen) to such assessments; to provide for the apportionment and collection by legal process of such assessments, and to create a lien on such property therefor; to provide for the issuing of bonds to be known as "Street Improvement Bonds," to be negotiated by the city or otherwise used in making provisions for the payment of the cost of such improvements; to provide for a special fund for the retiring of such bonds, and to impose punishment as for a misdemeanor on any one using such funds for any other purpose; to provide for the renewal of any such paving, or other paving previously laid; to authorize said improvements to be made and any of of such work to be done by said city as herein pro-

PART !I.-TITLE ll.-MUNICIPAL CORPORATIONS.
Moultrie Street Improvements.

147

vided, or in connection with any department or subdivision of this State, and for other purposes.
Section 1. Be it further enacted by the General As-
sembly of the State of Georgia, and it is hereby enacted ~t:'~\~~ 2 1901
by the authority of the same, that the Act approved amended. November 20, 1901, entitled "An Act to create a new charter for the City of Moultrie in the County of Colquitt, and for other purposes," and an Act approved August 18, 1913, amending the above-described Act, and all other Acts amendatory to either of said described Acts, be and same are hereby amended by adding the following sections:
Sec. 2. Be it further enacted, that said city, by its Mayor and Council, or Board of Aldermen, is hereby fe~~:J~ conauthorized and empowered, in addition to such powers
and rights heretofore granted to it, to establish and . !!~~~~~'::i
change the grade of, and to pave, macadamize, curb, and otherwise improve, any or all of the sidewalks, footways, crosswalks, drains, gutters, streets, avenues, intersections, lanes, alleys, public squares, or other public places or highways or any portion thereof, within the corporate limits of said city, under existing law or the provisions and limitations of this Act, whenever in its judgment the public convenience and welfare may require such improvements.
Sec. 3. Be it further enacted, that whenever said city, by its Mayor and Council, shall deem it necessary Publication or advisable to make any of said improvements, said of ordinance. city shall by resolution or ordin~nce declare and describe such work or improvement necessary to be done, and such resolution or ordinance shall be published once a week for two consecutive weeks in the official organ of Colquitt County, that is the newspaper in which legal advertisements are published; and if the owners of more than one half of the linear front feet of the laml abutting on such improvements and liable to assessment to pay for such improvement shall not, within fifteen days after

148 PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.
Moultrie Street Improvements.

the last publication of such resolution or ordinance, file

Protest. time for.

with the clerk of said city their protest in writing against such improvements, then said city, by its Mayor and

Council, shall have power to cause such improvements

to be made and to contract therefor and to levy assess-

ments as herein provided for. Any number of streets,

avenues, alleys, lanes, sidewalks, or other public places or

parts thereof to be so improved, as herein authorized,

Separately made.

may be included in one resolution or ordinance, but any

protest or objection shall be made as to each street,

highway, or other public place separately, except when

treated as one project, as herein provided. It is further

provided, however, that if the owners of more than one

half of the front feet of land liable to assessment for any

such improvement shall petition said city for such im-

Petition authorizing im-

provement of any street or highway or any public place

provement. herein enumerated or authorized to be improved, or

any part thereof, described in such petition, giving the

character of improvements desired, the width of the same,

and the material preferred by petitioners for such im-

provements, said City of Moultrie, by its Mayor and

Council, may thereupon, in their discretion, cause the

said improvements to be made in accordance with the

prayer of said petition; and in such cases the resolution

or ordinance herein mentioned shall not be required.

Paving inclusive.

The term "paving" herein shall include grading and excavating, engineering, and all other things usual and

incident to the proper paving and improvement of any

of said described or designated streets, highways, or

other public places; and to this end said city shall have

authority to prescribtl the material to be used and the

manner in which the same shall be done, whether by

contract or otherwise.

Sec. 4. Be it further enacted, that whenever any of

Ascertain- such improvements within the corporate limits of said

ment of cost. including all

city

shall have

been

authorized

under

the

laws

and

expenses. ordinances of said city, and the cost of such improvement

has been ascertained, which cost shall include all ex-

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.

149

Moultrie Street Improvements.

penses incurred by said city incident to such improve-

ments (including the entire cost of putting in and con-

structing all water, gas, or sewer-pipes and conduits

or tubes for electric wires for lights or telephone con-

nection in and underneath the streets, avenues, lanes,

alleys, and all other public places where such improve-

ments are to be made), the mayor and council shall by

written resolution apportion the cost and expense of !,~~~r~~o';.-._

the same pro rata per front foot to the several tracts, sessments

lots, or parcels of land abutting upon the area covered

by such proposed improvements, which cost and ex-

pense may be so apportioned either before or after such

improvements are made and the work completed, and

shall then levy assessments against said abutting property

and the owners thereof in accordance with such appor-

tionment and as hereinafter provided, and it shall be

the duty of each property owner to pay his pro rata

portion of the entire cost, or of so much thereof as is

assessed against the property owners, on his particular

street or continuous street covered in one project, ac-

cording to the linear frontage of the property owned by

such property owner on the portion of the street or

streets improved; provided that the said city, by its mayor

and council, may in their discretion in the foregoing reso-

lution or ordinance provide that the frontage of inter-

sectm. g

streets,

avenues,

alleys,

or lanes

shall

be

assessed

Intersections
ro streets.

as real estate abutting upon the street, alley, lane, or

avenue paved or otherwise improved, in which case said

city shall be for all intents and purposes of this Act an

owner or legal representative of real estate abutting on

any street, lane, alley, avenue, or project, and shall

possess the same rights and privileges of all other owners

of real estate abutting on any such improvements, and

shall pay from the city treasury a just pro rata of the

entire cost of said work or improvement for the said

frontage, such payment to be made out of the general

fund of said city accruing from taxes collected during

the current year; but provided also, that the mayor and

council of said city may in their discretion assess any

150

PART 11.-TITLE 11.-MuNICIPAL CoRPORATIONS.
Moultrie Street Improvements.

part or all of the cost for so improving street intersec-

Any cost

or all of on prop...

tions

and

of

any

and

all

necessary

curbing

against

the

erty abutting. owners and their property abutting on the street or

streets in which the intersection may occur of the curbing

may be necessary, whether the street intersections or

the curbing abuts upon the property of private indivi-

duals or not, said cost to be proportioned among the

owners and their property which abuts upon the street

or streets in which the intersection may occur or the

curbing may be necessary in just such proportion as

the mayor and council of said city may deem equitable

and just.

Resolution, provisions
and statementa in.

Sec. 5. Be it further enacted, that when any such improvements are proposed to be authorized and executed by said city under the provisions of Section 3 of thib Act, after the expiration of the time for objections or protests on the part of the property owners, if no sufficient protest be filed, or on receipt of the petition for such improvement signed by the owners of more than one half of the linear front feet of the land to be assessed, if such petition shall be found to be in proper form and properly executed, the said city, by its mayor and council, shall adopt a resolution reciting that no such protest has been filed, or the filing of such petition, as the case may be; and whether such improvements are to be authorized and done under the provisions of this Act or under the existing law as provided in said Act approved August 18, 1913, in either event, a resolution may be adopted by said mayor and council expressing tp.e determination of said city to proceed with the improvements, stating the material to be used and the manner of construction and defining the extent, character, and width of the improvement, and other such matters as may be necessary to instruct the agent or engineer of said city in performance of his duties in preparing for such improvements the necessary plans, plats, profiles, specifications and estimates. Said resolution shall set forth any such reasonable terms and conditions as said City of Moultrie



PART II.-TITLE II.-MUNICIPAL CORPORATIONS. 151
Moultrie Street Improvements.
shall deem proper to impose with reference to letting the contract and the provisions therefor; and the said ~~~~~actor's city shall by said resolutions provide that the contractor shall execute to the city a good and sufficient bond in an amount to be stated in such resolution, conditioned for the full and faithful performance of the work and the performance of the contract, and for the protection of the city and all property owners interested against any loss or damage by reason of the negligence or improper execution of the work, and may require a bond in an amount to be stated in such resolution, for the maintenance of good condition of such improvement for a period of not less than five years from the time of its .completion, or both, in the discretion of said city. Said resolution shall also direct the agent or engineer of said city to advertise for sealed proposals for furnishing the !~~~r}~repro materials and performing the work necessary in making posals. such improvements. The notice for such proposals shall state the street, streets, or other public places to be improved, the kinds of improvements proposed, what, if any, bond or bonds will be required to be executed by the contractor aforesaid, and shall state the time when and the pla,ce where such sealed proposals shall be filed and when and where the same will be considered by said City of Moultrie. Said notice shall be published Publication of once a week for two consecutive weeks in the official notice. organ of said county, that is the newspaper carrying its legal advertisements. At the time and place specified in such notice the City of Moultrie, by its mayor and council, shall examine all bids received, and without unnecessary delay award the contracts to the lowest Award of and best bidder who will perform the work and furnish contract. the materials which may be selected and perform all the conditions imposed by the said City of Moultrie as prescribed in such resolution and notice for proposals, which contract shall in no case exceed the estimate of cost submitted by the agent or engineer of said city with the plans and specifications, and the said city shall have the right to reject any and all bids and readvertise for

!52 PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.
Moultrie Street Improvements.

other bids when any such are not in its judgment satisfactory.

Sec. 6. Be it further enacted, that the mayor and

Board of appraisers.

council of said city are hereby authorized to name and

appoint a board of appraisers, consisting of at least three

members, which shall comprise its agent or engineer

assigned to the supervision of such improvements, the

clerk of said city, and one member of the city council.

Said board may be appointed as soon as the contract

for said improvement is let and the cost of the same is

ascertained; and it shall be the duty of said board, after

ascertaining the cost of the improvements authorized

by said city and covered by such contracts, to appraise

the cost and expense of the same pro rata per lineal front

foot to the several tracts, lots,. or parcels of land abutting

upon the area covered by such improvements. As soon

as practicable after the apointment of said board of

Report of assessment.

appraisers,

said

board

shall

file

a

written

report

of

the

appraisal, assessment, and apportionment of such ex-

pense and cost to the several lots and tracts of land

abutting on such improvements, or places in which the

same occur, with the clerk of said city, which report

shall be a public document accessible to and open to the

inspection of any property owner or other person inter-

ested in such return. When said report shall have been

returned and filed, the said mayor and council shall

appoint a time for the holding of a session of the mayor

and council for the hearing before them of any com-

Objections. plaints or objections that may be made concerning said

appraisement, apportionment, and assessment, as to

any such lot or tract of land abutting on said improve-

Notice.

ments, and shall cause notice of such session for said hearing to be published in said official organ of said

county at least once a week for two consecutive weeks

prior to the date of such session; and said session may

thereafter adjourn from time to time without further

published notice. The mayor and council at such session

Review.

shall have the power and authority to review and cor-

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.

153

Moultrie Street Improvements.

rect said appraisement, apportionment, and assessment, and to hear objections to the same, and to confirm the same either as made by said board or- as corrected by said mayor and council.

Sec. 7. Be it further enacted that whenever any of

said improvements described and authorized in Sections 2 and 3 of this Act shall be authorized and done by Assessments.

said city, pursuant to the provisions hereof, the mayor

and council of said city may in their discretion apportion

and assess any part or all of the cost of making any

or all of said improvements against the abutting pro-

"~

perty and the owners thereof on each side of the streets,

highways, public places, or other area covered by such

improvements, according to the frontage of said property

thereon. If in the discretion of the mayor and council

any portion of such cost is assessed against any has to

be borne by the city, such assessment and expense may

be paid out of any available funds for that purpose in

the city treasury, or the mayor and council may levy a

special ad valorem tax against all property in said city Special tax.

subject to said tax, sufficient in amount to pay the same,

or the same may be paid from the proceeds of bonds

duly authorized, validated, and issued by said city.

Sec. 8. Be it further enacted that assessments m conformity to said appraisment and apportionment as Payment of confirmed by said mayor and council shall be payable assessments. in ten annual installments, and shall bear interest at the rate of not exceeding seven per cent. per annum until paid, payable in each year at such time as the several installments of the assessments are made payable each year. That said mayor and council shall by ordinance levy assessments in accordance with the said appraise- Levy ; record ment and apportionment as so confirmed against the of notice. several tracts of land liable therefor, and shall cause notice of said appraisement and apportionment, duly certified as correct by the city clerk, to be recorded on the mortgage records of Colquitt County. Such special

154 PART II.-TITLE II.-MUNICIPAL CORPORATIONS.
Moultrie Street Improvements.

Lien of assessment.
Installment payments.
Bond issue.
City not liable.

assessment and each installment thereof, together with interest on the same, are hereby declared to be a special lien against the lots, parcels, or tracts of land so assessed from the date of the ordinance levying the same, coequal with the lien of other taxes, and prior to and superior to all other liens against such land, and such liens shall continue until such assessment and interest thereon shall be fully paid, but provided, however, that unmatured installments shall not be deemed to be within' the terms of any general covenant of warranty.
Sec. 9. Be it further enacted that the first installment, together with interest to that date upon the whole, shall be due and payable on the first day of October next succeeding the date of the levy of such assessment, and one instalhnent, together with interest upon the amount remaining unpaid, shall be due and payable on the first day of October in each succeeding year until all shall have been paid; provided that, if such assessing ordinance shall be passed after the first day of July in any year, then the first installment and interest shall become due and payable on October first of the succeeding year; and provided, nevertheless, that any owner of the property so assessed shall have the privilege of paying the amount assessed against his property within thirty days from the date of the passage of such ordinance, without interest, and thus relieve his property of the lien of such assessment.
Sec. 10. Be it further enacted by the authority aforesaid, that, thirty days after the date of the passage of said resolution apportioning and levying such assessments, the mayor and council shall by written resolu- . tion, provide for the issuance of bonds in the aggregate amount of such assessments then remaining unpaid, bearing date thirty days after the passage of the resolution levying said assessments, and of such denominations as the mayor and council may determine, which bonds shall in no event become a debt or liability of the City of Moultrie by reason of its issuing the same for

PART !I.-TITLE 11.-MUNICIPAL CORPORATIONS.
Moultrie Street Improvements.

155

the purpose herein specified. One tenth in amount of any such series of bonds, with the interest upon the Maturities.
whole amount of such series up to the first day of November next succeeding the maturity of the first installment of the assessment as hereinbefore provided, shall be payable on that date; and one tenth in amount of such issue of bonds, together with the annual interest upon the whole amount thereof remaining unpaid, shall be payable on the first day of November in each succeeding year until all of said installments shall have been paid. Such bonds shall bear interest at a rate not ex- Interest.
ceeding a rate of seven per cent per annum from their date until maturity, payable annually, and shall be designated "Street Improvement Bonds," and shall on their face recite the streets or other public places for the improvements of which they have been issued and that they are payable solely from assessments which have been levied upon lots, parcels, and tracts of land benefitted by such improvements under authority of this Act. Said bonds shall be signed by the mayor and at- 81. gnat ure and tested by the city clerk, and shall have the impression seal. of the corporate seal of said city thereon, and shall have interest coupons attached; and all bonds issued by authority of this Act shall be payable at such place either within or without the State of Georgia as may be designated by the mayor and council. Said bonds shall be
Sale price.
sold at not less than par, and the proceeds thereof applied to the payment of the contract price and other expenses incurred in the making of such improvements, or such bonds may in whole or in part be negotiated and Dispooal. delivered to the contractor at not less than par value, in payment of any amount due him on his contract. And any portion of the bonds not so negotiated or turned over to the contractor may be sold or otherwise disposed of by the mayor and council at not less than par value, and the proceeds applied to any expense incident to and incurred by the city in providing for such improvements. Said bonds may, at the option of the holder thereof, be registered by the city clerk in a book to be Registry.

156 PART 11.-TITLE !I.-MUNICIPAL CORPORATIONS.
Moultrie Street Improvements.

provided for that purpose, and a certificate of registration by the clerk shall be by him endorsed upon each of said bonds.

Sec. 11. Be it further enacted by the authority afore-

Time for paying assess-

said,

that the assessments provided for and levied under

ments.

the provisions of this Act shall be payable by the person

owning the said lot, parcel, or tract of land, on the first

day of October of each year, together with the interest

thereon, to the clerk of the City of Moultrie, who shall

give proper receipts for -such payments; it shall be the

duty of the city clerk to keep an accurate account of

Account of all such collections made by him, and such collections collections. shall be kept in a separate fund to be used and applied

for the payment of such bonds and the interest thereon,

and for no other purpose. Any misapplication or mis-

appropriation of such fund by any one shall constitute

Penalty.

a misdemeanor, and be punishable as such under the

criminal laws of this State providing for the trial and

punishment of persons committing any misdemeanor.

It shall be the duty of said clerk, upon default of pay-

ment of the principal or interest of any assessment or

installment herein provided for, at the maturity thereof,

to promptly issue an execution against the lot, parcel, or Execution. tract of land assessed for such payment, or against the

owner of the property for the full amount thus becoming

due and unpaid, and to forthwith turn such execution

Levy and sale.

to the city marshal, who shall promptly levy the same upon the real estate liable for the assessment and pre-

viously assessed for such improvements; and, after

advertisement and other proceedings as in the case of

sales for city taxes, the same shall be sold at public out-

cry, to the highest bidder, and such sales shall vest an

Title.

absolute title in the purchaser, subject to the lien of the

remaining unpaid installments, with interest; provided,

that the defendant in execution shall have the right to

Affidavit of illegality.

file an affidavit of illegality, denying that the whole or

any part of the amount for which the execution issued

is due, stating what amount (if any) he admits to be

PART 11.-TITLE 11.-MUNICIPAL CoRPORATIONS.
Moultrie Street Improvements.

157

due, which amount so admitted to be due shall be paid

before the affidavit is received. All such affidavits

shall set forth in detail the reasons why the affiant claims

the

execution

is

proceeding

illegally,

and

when

received

Return trial.

for

by the marshal said affidavit shall be returned by him

to the Justice's Court of the 1151st District G. M., of

Colquitt County or to the Superior Court of said county,

if the amount of the execution is one hundred dollars

or less, and the Superior court only if the amount con-

tested is over one hundred dollars, and there tried and

the issue determined as in cases of illegality, subject to

all fines and penalties provided by law in such cases for

delay.

Sec. 12. Be it further enacted by the authority afore-

said, that the mayor and city council in its discretion, Semi-annual

by

proper

written

resolution,

provide

for

and

require

interest on bonds.

the payment of interest on the bonds authorized to be

issued in accordance with the provisions of Section 9

of this Act, semi-annually, on the first day of November

and May, instead of annually; and, in levying the as-

sessments against property owners for such public im-

provements as authorized by this Act, the mayor and

city council may likewise require the installments to

be paid semi-annually on the first day of October and

April of each year, instead of annually, as provided in

Section 9 and 11 of this Act.

Sec. 13. Be it further enacted by the authority aforesaid, that in all cases where the City of Moultrie, by Areuptahvoer,iteytct.o its mayor and council, shall deem it necessary to repave, redrain, remacadamize, and otherwise improve any street, alley, avenue, lane, or other public place, which had been paved or improved prior to the passage of this law, such pavement or improvement is hereby authorized to be done under and in pursuance of the provision of this Act, and in such cases all provisions of this Act for making such improvements and levying assessments therefor and the issuance of bonds shall apply.

158 PART !I.-TITLE !I.-MUNICIPAL CORPORATIONS.
Moultrie Street Improvements.

Sec. 14. Be it further enacted, that where the right

Railroads. of way or any railway company crosses any public thor-

oughfare within the corporate limits of the City of Moul-

trie, such company is to be deemed for all the purposes

of this Act as the owner of the property on both sides of

such thoroughfare to the extent of the entire width of

the right of way, irrespective of the use to which the same

may be put or the portion thereof actually occupied by

its track or tracks; and where the right of way, or other

occupied or unoccupied land of any railway company

lies longitudinally along and abuts upon any street or

thoroughfare in said city, such company and its said

abutting property shall be subject to all the provisions

of this Act in the same manner and to the same extent

as other persons, firms, and corporations owning property

in the City of Moultrie. That whenever the abutting

landowners of any street, alley, avenue, or lane of said

city petition the City of Moultrie as herein set out, or

the mayor and council or said city pass the resolution

or ordinance provided for in section 3 of this Act, for

the pavement of any said street, avenue, alley, or lane

or other public place, where the State, or any of its poli-

Assessment to City, Coun-

tical subdivisions, is the owner of any property on said

ty. or State. street, the frontage so owned is to be counted as if owned

by an individual, and shall be likewise treated for the

purposes of assessment; and where the State is the owner

of the property, the Governor is authorized to sign any

petition provided for in this Act, for and in behalf of the

State; and where the county is the owner, the chairman

of the Board of Roads and Revenues of Colquitt County

is authorized to sign in behalf of the county; and where

the City of Moltrie is the owner, the mayor of Moultrie

is authorized to sign in behalf of the city.

Sec. 15. Be it further enacted by the authority afore-

Limitation of said, that no suit shall be sustained to set aside any such

action.

assessment or to enjoin the said City of Moultrie or its

mayor and council from making any su~h assessment or

levying or collecting any such assessments, or issuing

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.
Moultrie Street Improvements.

159

such bonds or providing for their payment as herein authorized, or contesting the validity thereof on any ground or for any reason other than for the failure of the City of Moultrie, by its mayor and council, to adopt and publish the preliminary resolution or ordinance provided for in Section 3 of this Act in cases requiring .mch resolution or ordinance and its publication, and to give the notice of the hearing of the appraisers as herein provided for, unless such suit shall be commenced within sixty days after the passage of the ordinance making such final assessment; provided, that in the event any special assessment shall be found to be invalid or insufficient for any reason whatsoever, the said mayor and councir may, at any time in the manner provided ~~~t.assess for the levying an original assessment, proceed to cause a new assessment to be made and levied, which shall have like force and effect as an original assessment.
Sec. 16. Be it further enacted, that the mayor and city council of said city shall have the power and authori- Agency. ty to create between itself and any person, firm, corporation, or governmental agency, division, or department thereof, the relation of principal and agent for the making of any and all contracts for the doing of said improvements, so that the city may authorize any person, contracts. firm, corporation, or governmental agency, division, or department thereof to make for it and in its behalf any and all contracts and agreements for the making of said improvements. Said city "shall have the right to accept and receive any gift, donation, or contribution Donations. from any source whatever for the purpose of making any of said improvements, and the mayor and council of said city are hereby authorized to use and appropriate any such gift, donation, or contribution, in their discretion either in reduction of any assessments which it Reduction. may see fit to make against said city as its proportion of the assessments for making any of said improvements, or in reduction of any of the assessments which may be made against the owners and their abutting property.

160

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.
Nashville Street Improvements.

This act cumulative.

Sec. 17. Be it further enacted, that the provisiOns of this Act shall be deemed and held to be cumulative of and supplemental to the existing law with reference to such improvements in said City of Moultrie, particularly as authorized in said Act of 1913, it not being the intention of this Act to repeal any present or existing laws on said subject relating to said City of Moultrie; but said city, under any future proceeding under and by virtue of said Act of 1913, may, in the discretion of the mayor and council, adopt and avail itself of any of tha provisions, rights, privileges, powers, and remedies authorized in this Act, whenever the provision of said two Acts are not inconsistent with and antagonistic to each other.

Sec. 18. Be it further enacted, that all laws and parts of laws in conflict herewith be and the same are hereby repealed.

Approved April 6, 1926.

NASHVILLE STREET IMPROVEMENTS.
No. 25, SECOND SESSION.
An Act to amend an Act of the General Assembly of Georgia, reincorporating the City of Nashville, in the County of Berrien, approved August 15, 1910, so as to authorize and empower: the City of Nashville, by its Mayor and Council, to establish and change the grade of any streets, avenues, alleys, lanes, sidewalks and other places in the City of Nashville, and to improve the same by paving, macadamizing, and draining the same; to provide for the procedure for such grading, improving and paving, and for making and collection of assessments for the same, and for establishing a loan therefor to provide for the payment of such grading, improvement, and paving entirely or partially by the abutting

PART II.-TITLE ll.-MUNICIPAL CORPORATIONS.

161

Nashville Street Improvements.

and adjacent property owners on the basis of ten per cent. yearly for ten years; to provide for the issuance of bonds as the City of Nashville by its Mayor and Council, to be known as "Street Improvement Bonds," and for the payment of the same; to provide for the renewal of any such paving and other paving previously laid, and for other purposes.
Sec. 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority ~.:',~.:'Je~~ 10 of the same, that from and after the passage of this Act the Charter of the City of Nashville, Berrien County, Georgia, which was approved August 15, 1910, be and the same is hereby amended as follows:
Sec. 2. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of Powers. the same, that said City of Nashville, by its Mayor and Council, is hereby authorized and empowered to establish and change the grade of any streets, avenues, alleys, lanes, sidewalks, and other places in the City of Nashville, and to improve the same by paving, macadamizing, and draining the same whenever in its judgment. the public convenience and welfare may require such improvements, subject only to the limitations described in this Act.

Sec. 3. Be it further enacted by the authority aforesaid, that whenever the said City of Nashville, by its A Mayor and Council, shall deem it necessary to grade, pave, ssessments.
macadamize, drain, or otherwise improve any street, avenue, alley, lane, sidewalk, or any part thereof within the limits of the City of Nashville, said City of Nashville, by its Mayor and Council, shall by resolution declare such work or improvement necessary to be done, and such resolutions or ordinance shall be published once a week for two consecutive weeks in a newspaper having a general circulation in the City of Nashville, and if the owners of more than one half of the linear front feet of the land fronting on such improvement and liable to assessment

162 PART 11.-TITLE 11.-MuNICIPAL CoRPORATIONS.
Nashville Street Improvements.

to pay for such improvement, on such street, avenue,

alley, lane, sidewalk, or highway, shall not, within fifteen

days after the last publication of such resolution or ordi-

nance, file with the Clerk of said City of Nashville their

protest in writing against such improvement, then said

City of Nashville by its Mayor and Council shall have

the power to cause such improvements to be made and

to contract therefor and to levy assessments as herein pro-

vided for. Any number of streets, avenues, alleys, lanes,

sidewalks, or other public places or parts thereof to be so

Ordinance. improved may be included in one resolution or ordinance,

Separate pro- but any protest or objection shall be made as to each

tests.

street or highway separately, except, when treated as

one project, as hereinafter provided. Provided, however,

that if the owners of the entire linear frontage of land

abutting any proposed improvement of any street or part

Petition.

of street, alley, lane, or avenue, sidewalk, or other public place described in such petition, shall petition the City of

Nashville, or its Mayor and Council, for such improve-

ment desired, the width of the same and materials pre-

ferred by petitioners for such improvement, and express

a willingness to pay the entire cost of such improvement,

it shall thereupon be the duty of said City of Nashville,

by its Mayor and Council, to promptly cause said improve

ment to be made in accordance with the prayer of said

petition, and in such cases the resolution or ordinance

hereinbefore mentioned shall not be required. Provided,

however, that where two or more streets running in the

same general direction from one continuous way, they

may be treated as one street, and the improvement there-

of as in this Act provided shall constitute one project

and shall be dealt with accordingly as to resolutions,

ordinances, or petition of property owners or protest by

property owners, or other proceedings.

Sec. 4. Be it further enacted by the authority afore-

Expenses included in cost.

said,

that

whenever

it

shall

be

determined,

under

the

provisions of the foregoing sections, that any street, ave-

nue, lane, or alley within the corporate limits of the City

PART 11.-TITLE 11.-MuNICIPAL CoRPORATIONS. 163
Nashville Street Improvements.
of Nashville shall be paved, macadamized, or otherwise improved as herein provided, then the total cost of said paving or improvement to be proportioned shall include grading, excavating, engineering, and other things usual and incident to the proper paving of any street, and shall include all intersections. When the total cost as aforesaid has been determined, then the City of Nashville will be liable for one third of said total cost, and abutting ::of;~l.\~f;; property owners, along both sides of such paved or macadamizing; and each abutting property owner along said paved street, lane, avenue, or alley shall be liable for his pro rata share of said two thirds of the total cost of paving or macadamizing, which pro rata share shall be calculated in accordance with the ratio which his abutting property front footage along both sides of said paved street, avenue, lane, or alley. Provided, however, that where sidewalks are paved under authority and provisions of this Act, or under other provisions of this City charter or amendments thereto or ordinances adopted in pursuance thereof, the Mayor and Council has the right to assess and collect Afsses~ment
o entire
from abutting property owners the entire cost of such cost. improvement adjacent to and abutting said property. Provided further, that the Mayor and Council may assess and collect from the abutting property owners such proportionate part of the cost of curb and gutter adjacent to their property as said Mayor and Council may fix and determine.
Sec. 5. Be it further enacted by the authority aforesaid, that whenever the petition provided for in Section 5 of this Act is presented, or when the City of Nashville, by its Mayor and Council, shall have determined to have or improve any street, avenue, lane, alley, or other public place, and shall have passed the resolution or ordinance provided for in Section 3 of the Act, the said city of Nashville, by its Mayor and Council, shall then have the power to enact all ordinances and to establish all such rules and regulations as may be necessary to require the owners of all property subject to assessment to pay their

164 PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.
Nashville Street Improvements.

Assessments inclusive of
improve-
ments.

proportionate part of the entire cost of such improvement, that is, two thirds of the entire cost as prescribed and set forth in this Act, and to cause to be put in and constructed all necessary water or sewer-pipers in and underneath the streets, avenues, lanes, alleys, and other public places where such improvements are to be made as may be deemed proper and necessary by said Mayor and Council, and two thirds of the total cost of such water or sewerpipe and necessary connections shall be taxed against such property and shall be included and made a part of the general assessment to cover the cost of such improvements, the Mayor and Council having the power, authority, and discretion to include the cost of such water or sewer-pipe and connections and cost of construction in the general assessment, under same rules and regulations as to cost of pavement as herein set forth.

Resolution.
Terms and conditions.

Sec. 6. Be it further enacted by the authority aforesaid, that after the expiration of the time for objection or protest on the part of the property owners, if no sufficient protest be filed, or upon the receipt of the petition for such improvement signed by the abutting property owners as specified in this Act, if such petition shall be found to be in proper form and properly executed, the said City of Nashville, by its Mayor and Council, shall adopt a resolution reciting that no such case may be and expressing the determination of said City, by its Mayor and Council, to proceed with the improvements, stating the material to be used and the manner of construction, and defining the extent, character, and width of the improvement, and other such matters as may be necessary to instruct the agent or engineer of said city in the performance of his duties in preparing for such improvements the necessary plant, plats, profiles, specifications, and estimates. Said resolution shall set forth any such reasonable terms and conditions as said City of Nashville, by its Mayor and Council, shall deem proper to impose with reference to letting the contract and provisions therefor, and the said Mayor and Council shall by said reso-

PART II.-TITLE II.-MUNICIPAL CoRPORATIONS.
Nashville Street Improvements.

16 5

lution provide that the contractor shall execute to the

city a good and sufficient bond in an amount to be stated

Contractor's bond.

in such resolution, conditioned for the full and faithful

performance of the contract, and for the protection of the

city and all property owners interested against any loss

or damage by reason of the negligence or improper execu-

tion of the work, and may require a bond in an amount

to be stated in such resolution, for the maintenance of

good condition of such improvement for a period of not

less than five years from the time of its completion, or

both, in the discretion of the Mayor and Council of said

city. Said resolution shall also direct the agent or engi-

neer of said city to advertise for sealed proposals for furn-

Advertisement for

ishing the materials and performing the work necessary proposals.

in making such improvements. The notice for such pro- Notice.

posals shall state the street, streets, or other public places

to be improved, the kind of improvement proposed, what

if any bond or bonds will be required to be executed by

the contractor aforesaid, and shall state the time when

and place where such sealed proposals shall be filed and

when and where the same will be considered by the City

of Nashville, by its Mayor and Council. Said notice shall

be published once a week for two consecutive weeks in a Publication.

newspaper having a general circulation in the City of Nash-

ville. At the time and place specified in such notice the

City of Nashville, by its Mayor and Council, shall ex-

amine all bids received, and without unnecessary delay

award the contract to the lowest and best bidder who will

Award of contract.

perform the work and furnish the materials which may

be selected and perform all the conditions imposed by

said City of Nashville as prescribed in such resolution

and notice for proposals, and the said city, by its Mayor

and Council, shall have the right to reject any and all

bids and readvertise for other bids when any such are

not in its judgement satisfactory.

Sec. 7. Be it further enacted by the authority aforesaid, that as soon as the contract is let and the cost of such improvements, which shall include all other expenses

166 PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.
Nashville Street Improvements.

incurred by the city incident to such improvements in

addition to the contract price for the work and materials,

is ascertained, the said City of Nashville, by its Mayor

and Council, shall by resolution appoint a board of ap-

Board of praisers consisting of its agent or engineer, the Clerk of
appraisers.
the said City, and a member of the Board of Tax Assessors

to appraise and apportionate cost and expense of the

same to the several tracts of land abutting on such im-

provements. Within ten days from the date of the reso-

lution appointing said Board, the said Board shall.file a

Report of written report of the appraisal and assessment and apporassessment. tionment of such expense and cost to the several lots

and tracts of land abutting on such street, streets, alley,

lane, avenue, or other public place so improved, with the

Clerk of said City. When said report shall have been

returned and filed, the said city shall appoint a time for

the holding of a session of its Mayor and Council for the

Objections. hearing of any complaints or objections that may be made

concerning the -said appraisment, apportionment, and

Notice.

assessment as to any such lots or tracts of land abutting on said improvements, and notice of such session for the

hearing shall be published by the Clerk of said City at

least once a week for two consecutive weeks in a news-

paper having a general circulation in said city, and said

notice shall provide for inspection of such by any prop-

erty owner or other person interested in such return. The

time fixed for such hearing shall not be less than five

days nor more than ten days from the last publication.

Review.

The Mayor and Council at said session shall have power

to review and correct said appraisment, apportionment,

and assessment and to hear objections to the same, and

to confirm the same, either as made by said Board or as

Payment of assessments.
Interest.

corrected by the Mayor and Council. Assessments in conformity to said appraisment and apportionment as confirmed by said Mayor and Council shall be payable in ten equal installments, and shall bear interest at the

rate of not more than 7 per cent. per annum until paid,

payable in each year at such time as the several install-

ments of the assessments are made payable each year.

PART !I.-TITLE 11.-MUNICIPAL CORPORATIONS.
Nashville Street Improvements.

167

The said Mayor and Council shall by ordinance levy
assessments in accordance with the said appraisement and
apportionment as so confirmed, against the several tracts of land liable therefor, and shall cause said appraisement and apportionment to be recorded on the mortgage rec- :;;i~:!.~!t~P
ords of Berrien County, duly certified as correct by the Clerk of the Council, and when so recorded, the charges assessed against the various parcels of and shall become a first lien thereon, superior to all other liens except those ~;:~m~~t~ to the State of Georgia, the County of Berrien, and the
City of Nashville.

Sec. 8. Be it further enacted by the authority afore-

said, that the first installments of said assessments, to-

gether with interest to that date upon the whole, shall

be

due

and

payable

on

the

first

day

of

November

next

Installment payments.

succeeding the passage of said ordinance, and one install-

ment with the yearly interest upon

the

amounts remain-

Time for payment.

ing unpaid shall be payable on the first day of November

in each succeeding year until all shall be paid; provided,

that if such assessing ordinance shall be passed after the

first day of October in each year, the first installment of

such assessment and interest shall be due and payable on

November the first of the following year. Said ordinance

shall also provide that the owners of the property so

assessed shall have the privilege of paying the amounts

of their respective assessments within thirty says from the

date of the passage of said ordinance. The owners of

the property so assessed shall be allowed to make pay-

ment of their respective assessments without interest,

within said period of thirty days, to the City Clerk of

the City of Nashville and relieve their property from the

lien of said assessments, which money so paid to the City

Clerk shall be disbursed pro rata between the contractor Disbursement.

and the City in proportion to their respective interests.

Sec. 9. Be it further enacted by the authority afore-
said, that such special assessment and each installment Lien of astherefor and interest thereon are hereby declared to be a sessments.

168

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.
Nashville Street Improvements.

lien against the lots and tracts of land so assessed from the date of the ordinance levying the same, coequal with the lien of other taxes and prior to and superior to all other liens against such lots or tracts, and such liens shall continue until such assessment and interest shall be fully paid; but unmatured installments shall not be deemed to be within the terms of any general covenant of warranty.

Sec. 10. Be it further enacted by the authority afore-

said, that the said City of Nashville, by its Mayor and

Bond issue. Council, after the expiration of thirty days from the

passage of said ordinance confirming and levying said

assessment, shall by resolution provide for the issuance of

bonds in the aggregate amount of such assessments remain-

ing unpaid, bearing date fifteen days after the passage

of the ordinance levying the said assessments, and of

such denominations as the said City of Nashville, by

its Mayor and Council, shall determine, which bond or

Non-liability. bonds shall in no event become a liability of the City of

Nashville, or its Mayor and Council issuing same. One

tenth in amount of any such series of bonds, with the in-

Payment of bonds.

terest upon the whole series to that date, shall be payable

on the 15th day of November next succeeding the matur-

ity of the first installment of the assessments and interest

and one tenth thereof, with the yearly interest upon the

whole amount remaining unpaid, shall be payable on

the 15th day of November in each succeeding year until

all shall be paid. Such bonds shall bear interest at a

Interest rate. rate not exceeding 7 per cent. per annum from their date

until maturity, payable annually, and shall be designated

as "Street Improvement Bonds," and shall on the face

thereof recite the street or streets, part of street or streets,

or other public places for the improvement of which they

have been issued, and that they are payable solely from

assessments which have been levied upon the lots and

tracts of land benefitted by said improvements under

authority of this Act. Said bonds shall be signed by the

Signature and seaL

City of Nashville, by its Mayor, and attested by the Clerk, and shall have the impression of the corporate seal of

PART II.-TITLE II.-MUNICIPAL CORPORATIONS. 169
Nashville Street Improvements.
such city thereon, and shall have interest coupons attached; and all bonds issued by authority of this Act shall be payable to bearer at such place, either within or without the State of Georgia, as shall be designated by said Mayor and Council. Said bonds shall be sold at not less Sale price. than par, and the proceeds thereof applied to the payment of the contract price and other expenses by the said Mayor and Council, or such bonds in the amount that shall be necessary for that purpose may be turned over and delivered to the contractor at par value in payment of the amount due him on his contract, and the portion thereof which shall be necessary to pay other Disposal. expenses incident to and incurred in providing for said improvements shall be sold or otherwise disposed of as the said Mayor and Council shall direct. Said bonds may be registered by the City Clerk in a book to be pro- Registry. vided for that purpose, and certificates of registration by the clerk of said city shall be endorsed upon each of said bonds.
Sec. 11. Be it further enacted by the authority aforesaid, that the assessments provided for and leviea under Payments. the provisions of this Act shall be payable by the persons owning the said lots or tracts of land as the several installments become due, together with the interest thereon, to the City Clerk of the City of Nashville, who shall give proper receipt for such payment. It shall be the duty of the city clerk to keep accurate accounts of all Account of such collections by him made, and such collections shall collections. be kept in a special fund to be used and applied for the payment of such bonds and interest, and for no other purpose. It shall be the duty of the city clerk, not less than thirty days and not more than forty days before maturity of any installment of such assessments, to publish in a newspaper having a general circulation in said city, once a week for two consecutive weeks, a notice addressed generally to the property owners on the streets, Publication ol avenues, alleys, or highways whereon said improvements notice. were made advising the owners of the property affected by

170

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.
Nashville Street Improvements.

Execution.
Levy and sale.
Affidavit of illegality.
Return for trial.

the assessments of the date when such installment and interest will be due, and designating the street or streets or other public places for the improvement of which assessments have been levied, and that unless the same shall be promptly paid proceedings will be taken to collect said installments and interest. And it shall be the duty of said City Clerk, promptly at the date of maturity of any such installment or assessment and interest, and or before the 15th day of November of each year, in case of default in payment of such installment or assessment with interest, to issue an execution against the lois or tract of land assessed for improvement, or against the party or person owning the same, for the amount of such assessment with interest, and shall turn over the same to the Marshal of the City of Nashville, or his deputy, who shall levy the same upon the adjoining real estate liable for such assessment and previously assessed for such improvement. And after advertisement and other proceedings as in case of sales for city taxes of said city, the same shall be sold at public outcry as in other city tax sales, to the highest bidder, and such sales shall vest an absolute title in the purchaser subject to the lien of the remaining unpaid installments or assessments with interest; provided, that the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which said execution issued is due, and stating what he admits to be due, which amount so admitted to be due shall be paid or collected before the affidavit is received, and the affidavit received for the balance. All affidavits shall set out in detail the reason why the affiant claims the amount is not due, and when received by the City Marshal shall be returned to the Superior Court of Berrien County, Georgia, and there tried and the issue determined as in cases of illegality and subject to all the pains and penalties provided for in case of illegality for delay under the Code of Georgia, and it shall be the duty of the judge of Superior Court of Berrien County to give preference to the trial of these cases over all~other cases pending in said court. The failure of the

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS. 171
NashviUe Street Improvements.

city clerk to publish said notice of the maturity of any

installment

of

said

assessment

and

interest

shall

in

no

Failure publish

to no-

wise affect the validity of the assessment and interest and tice.

the execution issued therefor.

Sec. 12. Be it further enacted by the authority aforesaid, that no suit shall be sustained to set aside any such assessment qr to enjoin the said City of Nashville or its Mayor and Council from making any such assessments or issuing such bonds or providing for the payment as herein authorized, or contesting the validity thereof on any grounds or for any reason other than the failure of the ~~ti!~~tion of City of Nashville, by its Mayor and Council, to adopt and publish the preliminary resolution or ordinance provided for in Section 3 of this Act in cases requiring such resolution or ordinance and its publication, and to give the notice of the hearing of the report of the appraisers as herein provided for, unless such suit shall be commenced within sixty days after the passage of the ordinance making such final assessment; provided, that in the event any special assessment shall be found to be invalid or insufficient for any reason whatsoever, the said Mayor and Council may at any time, in the manner provided for the levying an original assessment, proceed. to cause a new assessment to be made and levied, which shall !!~:t~ssess
have like force and effect as an original assessment.

Sec. 13. Be it further enacted by the authority nforesaid, that it shall be the duty of the Mayor and Council of City of Nashville, where any pavement or hardsurfaced improvements have been made under this bill, at all times to maintain and keep in good repairs the said streets so Repairs. so improved at the expense of said city; except in cases where the property owners or any public service or other persons deem it necessary to break the pavement for the purpose of making improvements, the same shall be done after obtaining consent in writing from the Mayor and Council, at the expense of said person or corporation finding it necessary to break or destroy any or such streets so paved.

172

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.
Nashville Street Improvements.

Time of publication.

Sec. 14. Be it further enacted by the authority aforesaid, that in computing time as to the publication of notices in a newspaper as required by this Act, the time shall be the number of days therein specified, exclusive of all Sundays and legal holidays.

Sec. 15. Be it further enacted by the authority afore-

said, that whenever the abutting landowners of any street,

alley, avenue, or lane of said City petition the City of

Nashville, as herein set forth, or the Mayor and Council

of said city pass the resolution or ordinance provided for

in Section 3 of this Act, for the pavement of any street,

avenue, alley, lane, or other public place, where the State

or any of its political subdivisions is the owner of any

Frontage. property on said street, the frontage so owned is to be

counted as if owned by an individual and shall likewise

be treated for the purpose of assessment; and where the

State is the owner, the Governor is authorized to sign

City, County,

State.

any petition provided for in this Act; and where the county

is the owner, the chairman of the Board of Roads and

Revenues for Berrien County is authorized to sign in

behalf of the county; and where the City of Nashville

is owner, the Mayor is .authorized to sign for the City of

Nashville.

This act cumulative.

Sec. 16 Be it further enacted by the authority aforesaid, that it is not the intention of this Act to repeal any present or existing laws for the pavement or improvement of the streets and sidewalks of the City of Nashville, but it is intended that this Act is to be cumulative as to all such improvements in said City. It is the intention to preserve all rights and privileges heretofore granted to the Mayor and Council in the charter of the City of Nashville, and the amendments thereto, and to grant in addition thereto the rights and authority contained and set forth in this Act; and the City of Nashville, by its Mayor and Council, is authorized to exercise the rights, privileges and authority heretofore granted and contained and set forth in the charter of the City of Nashville and amendments thereto.

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.
Perry Street Improvements.

173

Sec. 17. Be it further enacted by the authority aforesaid, that all laws and parts of laws conflicting herewith be and the same are hereby repealed.
Approved April 10, 1926.

PERRY STREET IMPROVEMENTS.
No. 1, SEcoND SESSION.
An Act to atnend the charter of the City of Perry in Hquston County, approved December 12, 1859, and Acts amendatory thereof, so as to authorize the Mayor and Aldermen of the City of Perry to grade, pave, macadamize, or otherwise improve the sidewalks, streets, alleys, and lanes of said city, and for that purpose to issue bonds; to require street and steam railroads in the street and other public places of said City to improve and pave the same within the tracks and two feet on each side thereof; to provide for the procedure for such grading, improving, and paving, and for making and collections of assessments for the same, and for establishing a lien therefor, and enforcement of collection of same; to provide for the payment of such grading, improving, and paving entirely by the abutting and adjacent property-owners on the basis of ten per cent yearly for (10) ten years; to provide for the issuance of bonds by the said Mayor and Aldermen of the City of P~rry, to be known as "Street Improvement Bonds," and for the payment of the same; to provide for the renewal of such paving and other paving previously laid, and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the ~?:.!':.i:d. authority of the same, that the charter of the City of Perry in Houston County, Georgia, be and the same is hereby amended in the following particulars:

174

PART !I.-TITLE Il.-MUNICIPAL CORPORATIONS.
Perry Street Improvements.

Powers conferred.

Sec. 2. Be it enacted by the authority aforesaid, that the Mayor and Aldermen of the City of Perry is hereby authorized and empowered to establish and change the grade of any streets, avenues, alleys, lanes, and other public places in the City of Perry, and to improve the same by paving, macadamizing, and draining the same whenever in its judgment the public convenience and welfare may require such improvements, subject only to the limitation prescribed in this Act.

Railroads. Paving, etc.
Lien.

Sec. 3. Be it further enacted by the autl!ority aforesaid, that any street or steam railroad now having or which may hereafter have tracks running through the streets, avenues, lanes, alleys of said City or other public places shall be required by said Mayor and Aldermen to pave, macadamize, and drain the width of its track and two feet on each side of every line of track now constructed, or that may hereafter be constructed by such railroad company. And if such railroad company shall fail or refuse to comply with the order of said Mayor and Aldermen to make such improvements by paving, macadamizing, and draining the same after receiving thirty days' notice to do said work, such work may be done by said Mayor and Aldermen at the cost and expense of such railroad company, and such cost and expense shall be charged against such railroad company, and. the Mayor and Aldermen of the City of Perry shall be entitled to a lien for the full amount of such cost and expense against the property of such railroad company which may be enforced against such property as hereinafter provided for the enforcement or other liens for paving, provided, however, that this section shall not go into effect or become operative until after the expiration of five (5) years from the passage of this Act.

Sec. 4. Be it further enacted by the authority afore-

said, that whenever the said Mayor and Aldermen shall

Resolution to pave. etc.

deem it necessary

to

grade,

pave,

macadamize,

drain,

or otherwise improve any street, avenue, alley, lane, or

PART II.-TITLE !I.-MUNICIPAL CoRPORATIONS.

175

Perry Street Improvements.

any part thereof, within. the limits of the City of Perry, said Mayor and Aldermen shall by resolution declare such work or improvement necessary to be done, and such resolution shall be published in two (2) consective issues of a weekly newspaper published and having a Publication.
general circulation in the City of Perry; and if a majority of the owners of the land liable to assessment to pay for such improvement of any such highway shall not, within fifteen (15) days after the last publication of such resolution, file with the Clerk of said City their protest in Protest. writting against such improvement, said Mayor and Aldermen shall have power to cause said improvement Assessments. to be made to contract therefor and to levy assessments or liens provided for. Any number of streets, avenues, alleys, lanes, or other public places or parts thereof to be so improved may be included in one resolution, but any protest or objection shall be as to each street or other highway separately; provided, however, that if a majority of the owners of the land liable to assessment Petition of for any such improvement shall petition the Mayor and owners. Aldermen for such improvement of any street or part of street, alley, lane, or avenue, or other public place, describing in such petition the character of the improvement desired, the width of the same, and the materials preferred by the petition by such improvements, it shall thereupon be the duty of said Mayor and Aldermen to promptly cause the said improvements to be made in accordance with the prayer of said petition, and in such cases the resolution hereinbefore mentioned shall not be required.
Sec. 5. Be it further enacted by the authority aforesaid, that the lots, pieces, or parcels of land fronting or ::~e::::.ent abutting upon both sides of said improvements shall be charged with the cost thereof according to the just pro rata of the entire cost of said improvement for the said frontage on basis on lineal foot frontage; provided, that the frontage of intersecting streets, avenues, lanes, or alleys shall be assessed as real estate abutting upon the

176

PART !I.-TITLE Il.-MUNICIPAL CORPORATIONS.
Perry Street Improvements.

street, lane, alley, or avenue paved or otherwise improved, and the said Mayor and Aldermen shall be for all intents and purposes of this Act an owner or legal representative of real estate abutting on any street, lane, alley, or avenue, shall posess the same rights and privileges as all other owners of real estate abutting on any such street, lane, alley, or ayenue, and shall pay from the City treasury the just pro rata of the entire cost of said work or improvement for the said frontage.

Ordinances.

Sec. 6. Be it further enacted by the authority aforesaid, that whenever the petition provided for in Section four of this Act is presented, or whenever the said Mayor and Aldermen shall have determined to pave or improve any street, avenue, lane, alley, or other public place, and shall have passed the resolution provided for in said Section four of this Act, the said Mayor and Aldermen shall then have the power to enact all ordinances and to establish all such rules and regulations as may be necessary to require the owners of all property subject to assessment to pay the cost of such improvement, and to cause to be put in and constructed all water, gas, or sewer-pipe connections to connect with any existing water, gas, or sewer-pipes in and underneath the streets, avenues, lanes, and alleys and other public places where such public improvements or to be made, and all cost and expenses for making such connections shall be taxed against such property shall be included and made a part of the general assessment to cover the cost of such improvement, in addition to the basis of said lineal foot frontage, if so determined by the appraisers hereinafter provided for.

Resolution.

Sec. 7. Be it further enacted by the authority aforesaid, that after the expiration of the time for objection or protest on the part of the property owners, if no sufficient protest be filed, or on receipt of a petition for such improvement signed by a majority of the owners of the land to be assessed, if such petition shall be found to

PART H.-TITLE H.-MUNICIPAL CORPORATIONS.
Perr, Street Improvements.

177

be in proper form and properly executed, the said Mayor and Aldermen shall adopt a resolution reciting that no such protest has been filed, or the filing of such petition, as the case may be, and expressing the determination of said Mayor and Aldermen to proceed with the said improvement, stating the material to be used and the manner of construction, and defining the extent, character, and width of the improvement, and other such matters as may be necessary to instruct the City Engineer of said City in the performance of his duties in preparing for such improvement the necessary plans, plots, profiles, ~pecifications, and estimates. Said resolution shall set forth any and all such reasonable terms and conditions ~:~di~ioa;.~ as said Mayor and Aldermen shall deem proper to impose with reference to the letting of the contract and the provisions thereof; and the said Mayor and Aldermen shall by said resolution provide that the contractor shall execute to the City a good and sufficient bond in an ~o';,~~a~ior. amount to be stated in such resolution, conditioned for the full and faithful performance of the work and the performance of the contract, and for the protection of the city and all property owners interested against any loss or damage by reason of the negligence or improper execution of the work, and may require a bond in an amount to be stated in such resolution for the maintenance of good condition of such improvements for a period of not less than five (5) years from the time of its completion, or both, in the descretion of said Mayor and Aldermen. Said resolution shall also direct the City !~~~r~~: Engineer of said City to advertise for sealed proposals proposals.
for furnishing the materials and performing the work Notice. necessary for making such improvements. The notice of such proposal shall state the street, streets, or other public places to be improved, the kinds of improvements proposed, what if any bond or bonds will be required to be executed by the contractor aforesaid, and shall state the time when and the place where such sealed proposals shall be filed and when and where the same will be considered by said Mayor and Aldermen. Said

178

PART !I.-TITLE H.-MUNICIPAL CORPORATIONS.
Perry Stre-et Improvements.

Award o! contract.

notice shall be published in two consecutive isRues of a weekly newspaper of general circulation in the City of Perry. At the time and place specified in such notice the Mayor and Aldermen shall examine all bids received, and without unnecessary delay award the contract to the lowest and best bidder, who will perform the work and furnish the materials which may be selected and perform all the conditions imposed by the said Mayor and Aldermen as prescribed in such resolution and notice for proposals, which contract shall in no case exceed the estimate of cost submitted by the City Engineer with the plans and specifications; and the said Mayor and Aldermen shall have the right to reject any and all bids and readvertise for other bids when any such bids are not in its judgment satisfactory.

Board of appraisers.
Report.
Objections.

Sec. 8. As soon as the said contract is let and the cost of such improvement, which shall also inClude all other expenses incurred by the City incident to said improvements in addition to the contract price for the work and materials, is ascertained, the said Mayor and Aldermen shall by resolution appoint a Board of Appraisers, consisting of the City Engineer of said City, Clerk of City Council, and the Mayor of said City, to appraise and apportion the costs and expenses of the same to the several tracts of land abutting on said improvement as hereinbefore provided. Within ten days from the date of the resolution appointing said Board, the said Board shall file a written report of the appraisal and apportionment of such expense and cost to the several lots and tracts of land abutting on said street, alley, lane, or avenue or other public places so improved, with the Clerk of Council of said City in the manner and on the basis herein provided. When said report shall have been returned and filed, the said Mayor and Aldermen shall appoint a time for the holding of a session of Council, or shall designate a regular meeting of the Mayor and Aldermen of said City for the hearing of any complaints or objections that may be made concerning the said

PART !I.-TITLE 11.-MUNICIPAL CORPORATIONS.
PerrY Street Improvements.

179

appraisement, apportionment, and assessment as to any such lots or tracts of land abutting on said improvement, and notice of such session for the said hearing shall be published by said Clerk of Council in one issue of any weekly newspaper of general circulation in the City of Perry at least five days before said hearing, and said notice shall provide for an inspection of such return by any property owner or other party interested in such return. The said Mayor and Aldermen at said session shall have power to review and correct said appraise- Review. ment, apportionment, and assessment, and to hear objections to the same, and to confirm the same either as made by said board or l:!S corrected by said Mayor and Aldermen. Assessments in conformity to said appraisement and apportionment as confirmed by the Mayor !'::C':.".:~n~;. and Aldermen of the City of Perry shall be payable in ten equal installments, and shall bear interest at the rate of not exceeding seven per cent. per annum until paid, payable in each year at such time as the several installments of the assessments are made payable each year. The said Mayor and Aldermen shall by ordinance levy assessments in accordance with said appraisement and apportionment as so confirmed against the several tracts of land liable therefor; provided, however, that Interest. the rate of interest to be taxed shall not exceed one per cent. (I%) over and above the rate of interest stipulated in the bonds herein provided for.

Sec. 9. Be it further enacted by the authority afore-

said, that the first installment of said assessments, to-

gether

w1 th

m terest

to

that

date

upon

the

whole,

shall

Installment payments.

be due and payable on the first day of September next

succeeding the passage of said ordinance, and one in-

stallment with the yearly interest upon the amounts

remaining unpaid shall be payable on the first day of

September in each succeeding year until all shall be

paid; provided, that if such assessing ordinance shall be

passed after the first day of August in each year, the

first installment of such assessment and interest shall

180 PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.
Perry Street Improvements.

Payments in full.

be due and payable on September first of the following year. Such ordinance shall also provide that the owners of the property so assessed shall have the privilege of paying the amounts of their respective assessments within thirty days from the date of the passage of said ordinance. The owners of the property so assessed shall be allowed to make payment of their respective assessments without interest within said period of thirty days to the Treasurer of the City of Perry, and relieve their property from the lien of said assessment, which money so paid to the said Treasurer shall be disbursed pro rata between the contractor and the City in proportion to the respective interes~s.

Lien of assessment.

Sec. 10. Be it further enacted by the authority aforesaid, that such special assessment and each installment thereof and the interest thereon are hereby declared to be a lien against the lots and tracts of land so assessed from the date of the ordinance levying the same, coequal with the lien of other taxes and prior to and superior to all other liens against such lots or tracts, and such lien shall continue until such assessment and interest thereon shall be fully paid, but unmatured installments shall not be deemed to be within the terms of any general covenant or warranty.

Bond issue.
~:~;.~nt of

Sec. 11. Be it further enacted by the authority aforesaid, that the said Mayor and Aldermen, after the expiration of thirty days from the passage of said ordinance confirming and levying said assessment, shall by resolution provide for the issuance of bonds in the aggregate amount of such assessment remaining unpaid, bearing date fifteen days after the passage of the ordinance levying the said assessments, and of such denominations as the said Mayor and Aldermen of the City of Perry shall determine, which bond or bonds shall in no event become a liability of the Mayor and Aldermen of the City of Perry issuing same. One tenth in amount of any such series of bonds, with the interest upon the whole series to date, shall

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS. 181
Perry Street Improvements.
be payable on the fifteenth day of September next succeeding the maturity of the first installment of the asses&ments and interest, and one tenth thereof with the yearly interest upon the whole amount remaining unpaid shall be payable on the fifteenth day of September in each succeeding year until all shall be paid. Such bonds Interest rate. shall bear interest at a rate not exceeding six per cent. per annum from their date until maturity, payable annually, and shall be designated as "Street Improvement Bonds," and shall on the face thereof recite the street or streets, part of street or streets, or other public places for the improvement of which they have been issued, and that they are payable solely from assessments which have been levied upon the lots and tracts of land benefited by said improvement under authority of this Act. ~~!l.ature and Said bonds shall be signed by the Mayor and attested by the Clerk of Council, and shall have the impression of the corporate seal of such City thereon, and shall have interest coupons attached; and all bonds issued by authority of this Act shall be payable at such place, either within or without the State of Georgia, as shall be designated by said Mayor and Aldermen. Said bonds shall be sold at not less than par, and the proceeds thereof applied to the payment of the contract price and other Sale price. expenses by the said Mayor and Aldermen, or such bonds in the amount that may be necessary for that purpose may be delivered to the contractor at par value in payment of the amount due on his contract, and the portion Disposal. thereof which shall be necessary to pay other expenses incident to and incurred in providing for said improvements shall be sold or otherwise disposed of as the said Mayor and Aldermen shall direct. Said bonds shall be registered by the Clerk of Council in a book to be pro- Registry. vided for that purpose, and certificates of registration by said Clerk of Council shall be endorsed upon each of said bonds.
Sec. 12. Be it further enacted by the authority aforesaid, that the assessments provided for and levied

182 PART !I.-TITLE Il.-MUNICIPAL CORPORATIONS.
Perry Street Improvements.

Payments. Account of collections.
Notice.
Execution. Levy and sale. Title.

under the provisions of this Act shall be payable by the person owning the said lots or tracts of land as the several installments become due, together with the interest thereon, to the Treasurer of the City of Perry, who shall give proper receipts for such payments. It shall be the duty of the Treasurer to keep an accurate account of all such collections by him made, and such collections shall be kept in a special fund to be used and applied for the payment of such bonds and the interest thereon and expenses incurred thereto, and for no other purpose. It shall be the duty of said Treasurer of Clerk of Council, not less than thirty days and not more than forty days before the maturity of any installment of such assessment, to publish, in one issue of a weekly newspaper published in the City of Perry and having a general circulation in said City, a notice advising the owner of the property affected by such assessment of the date when such installment and interest will be due, and designating the street or streets, or other public places for the improvement of which such assessments have been levied, and that, unless the same shall be promptly paid, proceedings will be taken to collect said installment and interest. And it shall be the duty of said Treasurer promptly after the date of the maturity of any such installment or assessment and interest and on or before the fifteenth day of September of each year, in case of a default of payment of such installment or assessment with interest, to issue an execution against the lot or tract of land assessed for such improvement or against the party or person owning the same, for the amount of such assessment with interest, and said execution shall be promptly delivered to the Marshal or Chief of Police of the City of Perry, or his deputy, who shall levy the same upon the adjoining real estate liable for such assessment and previously assessed for such improvement, and, after advertisement and other proceedings as in case of sales for City taxes, the same shall be sold at public outcry to the highest bidder; and such sale shall vest an absolute title in the purchaser, subject

PART !I.-TITLE H.-MUNICIPAL CoRPORATIONS.
Perry Street Improvements.

183

to the lien of the remaining unpaid installments with

interest, and also subject to the right of redemption as

provided in Sections 880, 1169, 1170, 1171, 1172, of the

Code of Georgia of 1910; provided that the defendant

shall have the right to file an affidavit denying that the

the whole or any part of the amount for which said execu-

Affidavit of illegality.

tion issued is due, and stating what amount he admits

to be due, which amount so admitted to be due shall be

paid or collected before the affidavit is received, and the

affidavit received for the balance. All affidavits (and

the foregoing and following provisions shall apply to the

street or steam railroads against whom execution shall

be issued for the cost and expense of paving) shall set

out in detail the reasons why the affidavit claims the

amount is not due, and, when received by the City

Marshal or Chief of Police, shall be returned to the Return for Superior Court of Houston County, Georgia, and there trial.

be tried and the issue determined as in cases of illegality,

subject to all the pains and penalties provided for in

cases of illegality for delay under the Code of Georgia.

The failure of the said Treasurer or Clerk to publish

said notice of maturity of any installment of said as-

sessment and interest shall in nowise affect the validity

of the assessment and interest and the execution issued

therefor.

Sec. 13. Be it further enacted by the authority afore-

said '

that

no

suit

shall

be sustained

to

set aside

any such

Li~itation
action.

of

assessment or to enjoin the said Mayor and Aldermen

from making any such assessment or levying or collect-

ing any such assessments, or issuing such bonds or pro-

viding for their payment as herein authorized, or con-

testing the validity thereof on any ground or for any

reason, other than the failure of the Mayor and Alder-

men of the City of Perry to adopt and publish the pre-

liminary resolution provided for in Section four of this

Act, in cases requiring such resolution and its publica-

tion, and to give the notice 'of the hearing of the return of

the appraisers as herein provided for, unless such suit

184 PART H.-TITLE H.-MUNICIPAL CORPORATIONS.
Perry Street Improvements.

shall be commenced within sixty (60) days after the passage of the ordinance making such final assessment; provided that in the event any special assessment shall be found to be invalid or insufficient in whole or in part for any reason whatsoever, the said Mayor and Aldermen may at any time in the manner provided for the levying an original assessment, proceed to cause a new assessment to be made and levied, which shall have like force and effect as an original assessment.

Repaving,
etc.

Sec. 14. Be it further enacted by the authority aforesaid, that in all cases where said Mayor and Aldermen shall deem it necessary to repave, redrain, remacadamize, or otherwise improve any street, alley, avenue, lane, or other public place, which had been paved or improved prior to the passage of this law, or which shall have been heretofore paved, macadamized, or drained under the provisions of this Act, such pavement or improvement is hereby authorized to be done under and in pursuance of the provisions of this Act, and in such cases all provisions of this Act providing for making such improvements and levying assessments therefor and the issuance of bonds shall apply; provided, that in the judgment of said Mayor and Aldermen of the City of Perry the pavement is worn out and no longer serviceable.

Sec. 15. Be it further enacted by the authority afore-

Assessments to city,

said, that whenever the abutting landowners of any street,

county and state.

alley, avenue, or lane of said City petition the said Mayor

and Aldermen as herein set out, or said Mayor and Alder-

men pass the resolution provided for in Section four of

. this Act, for the pavement of any such street, avenue,

alley, or lane or other public place, where the State or

any of the political subdivisions is the owner of the pro-

perty on said street, the frontage so owned is to be counted

as if owned by an individual, and shall be likewise treated

for the purpose of assessment; and where the State is

owner of the property, the Governor is authorized to

sign any petition provided for in this Act for and in

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.
Quitman Street Improvements.

185

behalf of the State; and where the County is the owner, the Chairman of the Board of County Commissioners of Houston County is authorized to sign in behalf of the County; and where the City of Perry is the owner, the Mayor of Perry is authorized to sign in behalf of the City.
Sec. 16. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Approved March 27, 1926.

QUITMAN STREET IMPROVEMENTS.
No. 13, FIRsT SEsSION.
An Act to authorize and empower the Board of Commissioners for the City of Quitman to establish and change the grade of any streets, avenues, alleys, lanes, and other public places in the said city and to improve the same by paving, macadamizing, and draining the same; to require street and steam railroads in said streets and other public places to improve and pave the same between their tracks and two feet on either side thereof; to provide for the procedure of such grading, improving, and paving, and for making and collecting of assessments for the same, and for establishing a lien therefor; to provide for the payment of such grading, improving, and paving entirely by the abutting and adjacent property owners on the basis of ten per cent. yearly for ten (10) years; to provide for the issuance of bonds by the said Board of Commissioners, to be known as "Street Improvement Bonds," and for the payment of same; to provide for the renewal of any such paving and other paving previously laid, and for other purposes.

186

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.

Quitman Street Improvements.

Powers con ferred.

Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Board of Commissioners of the City of Quitman is hereby authorized and empowered to establish and change the grade of any streets, avenues, alleys, lanes, and other public places in the City of Quitman, and to improve the same by paving, macadamizing, and draining the same whenever in its judgment the public convenience and welfare may require such improvements, subject only to the limitations prescribed in this Act.

Railroads. Lien.

Sec. 2. Be it further enacted by the authority aforesaid, that any street or steam railroad now having or which may hereafter have tracks running through or across the streets, avenues, alleys or lanes of said city, or other public places, shall be required by said Board of Commissioners to pave, macadamize, and drain the width of its track and two feet on each side of every line of track now constructed or that may hereafter be constructed by such railroad company. And if such railroad company shall fail or refuse to comply with the order of the said Board of Commissioners to make such improvements by paving, macadamizing, and draining the same after receiving thirty days' notice to do said work, such work may be done by said Board of Commissioners at the cost and expense of such railroad company, and such cost and expense shall be charged against such railroad company, and the Board of Commissioners for the City of Quitman shall be entitled to a lien for the full amount of such cost and expense against the property of such railroad company, which may be enforced against such property as hereinafter provided for enforcement of other liens for paving.

Sec. 3. Be it further enacted by the authority aforesaid, that whenever the said Board of Commissioners shall deem it necessary to grade, pave, macadamize, drain, or otherwise improve any street, avenue, alley,

PART 11.-TITLE 11.-MuNICIPAL CoRPORATIONS. 187
Quitman Street Improvements.

lane, or any part thereof, within the limits of the City

of Quitman, said Board of Commissioners shall by resolu- Resolution.

tion declare such work or improvement necessary to be

done, and such resolution shall be published in two (2) Publication. consecutive issues of a newspaper published and having

a general circulation in the City of Quitman; and if a ma-

jority of the owners of the land liable to assessment to

pay for such improvements of any such highway shall

not, within thirty (30) days after the last publication of

such resolution, file with the Clerk of said city their

protest in writing against such improvement, then said Protest.

Board of Commissioners shall have power to cause said

improvement to be made and to contract therefor, and

to levy assessments or liens provided for. Any number

of streets, avenues, alleys, lanes, or other public places

or parts thereof to be so improved may be included in

one resolution, but any protest or objection shall be made

as to each street or other highway separately; provided,

however, that if a majority of the owners of the land

liable to assessment for any such improvement shall

petition the Board of Commissioners for such improve-

ment of any street or part of street,

alley,

lane, or avenue

Petition owners.

of

or other public place, describing in such petition the

character of the improvement desired and the width of

the same, it shall thereupon be the duty of said Board

of Commissioners to promptly cause the said improve-

ment to be made in accordance with the prayer of said

petition, the said Board of Commissioners having, how-

ever, the right to determine the material with which

such improvements shall be made and the manner of

making the same, and in such cases the resolution here-

inbefore mentioned shall not be required.

Sec. 4. Be it further enacted by the authority aforesaid, that the lots, pi~ces, or pa.rcels of land fronting and Assessment abutting upon both Sides of Said improvements shall be pro rata.
charged with the cost thereof according to the just pro
rata of the entire cost of said improvement for the said frontage on the basis of lineal foot frontage; provided,

188

PART !I.-TITLE Il.-MUNICIPAL CORPORATIONS.
Quitman Street Improvements.

that the frontage of intersecting streets, avenues, lanes, or alleys shall be assessed as real estate abutting upon the street, alley, lane, or avenue paved or otherwise improved, and the said Board of Commissioners shall be . for all the intents and purposes of this Act an owner or legal representative of real estate abutting on any street, lane, alley, or avenue, shall possess the same rights and provileges as all other owners of real estate abutting on any such street, lane, alley, or avenue, and shall pay from the City Treasury the just pro rata of the entire cost of said work or improvement for the said frontage.

Ordinances.
Costs and expenses.

Sec. 5. Be it further enacted by the authority aforesaid, that whenever the petition provided for in Section three of this Act is presented, or when the Board of Commissioners shall have determined to pave or improve any street, avenue, lane, alley, or other public place, and shall have passed the resolution provided for in said Section three of this Act, the said Board of Commissioners shall then have the power to enact all ordinances and to establish all such rules and regulations as may be necessary to require the owners of all property subject to assessment to pay the cost of such improvement, and to cause to be put in and constructed all water, gas, or sewer-pipe connections to connect with any existing water, gas, or sewer-pipes in and underneath the streets, avenues, lanes, and alleys and other public places where such public improvements are to be made, and all costs and expense for making such connections shall be taxed against such property and shall be included and made a part of the general assessment to cover the cost of such improvement, in addition to the basis of said lineal foot frontage, if so determined by the appraisers hereinafter provided for.

Sec. 6. Be it further enacted by the authority aforesaid, that after the expiration of the time for objection or protest on the part of the property owners, if no sufficient protest be filed, or on receipt of a petition for such

PART 11.-TITLE 11.-MuNICIPAL CoRPORATIONS. 189
Quitman Street Improvements.

improvement signed by a majority of the owners of the

land to be assessed, if such petition shall be found to be

in proper form and properly executed, the said Board

of Commissioners shall adopt a resolution reciting that Resolution.

no such protest has been filed, or the filing of such peti-

tion, as the case may be, and expressing the determina-

tion of said Board of Commissioners to proceed with

the said improvement, stating the material to be used,

and the manner of construction, and defining the extent,

character, and width of the improvement, and other

such matters as may be necessary to instruct the City

Manager of said city in the performance of his duties

in preparing for such improvement, the necessary plans,

plots, profiles, specifications, and estimates. Said resolu- Terms and

tion ahall set forth any and all such reasonable terms conditions.

and conditions as said Board of Commissioners shall

deem proper to impose with reference to the letting of

the contract and the provisions thereof; and the said

Board of Commissioners shall by said resolution provide

that the contractor shall execute to the city a good and

sufficient bond in an amount to be stated in such resolu-

t1. 0n,

condi.ti.Oned

for

the

full

and

fai. thful

performance

Contractor's bond.

of the work and the performance of the contract, and

for the protection of the city and all property owners

interested against any loss or damage by reason of the

negligence or improper execution of the work, and may

require a bond in an amount to be stated in such resolu-

tion, for the maintenance of good condition of such

improvements for a period of not less than five (5) years

from the time of its completion, or both, in the discretion

of said Board of Commissioners. Said resolution shall

also direct the City Manager of said city to advertise

for

sea1ed

proposa1s

for

furm.sh"mg

the

maten.als

and

Advertisement for

performing the work necessary in making such improve- proposals.

ments. The notice of such proposals shall state the

street, streets, or other public places to be improved,

the kinds of improvements proposed, what, if any, bond

or bonds will be required to be executed by the contractor

aforesaid, and shall state the time when and at the place

190

PART II.-TITLE !I.-MUNICIPAL CORPORATIONS.
Quitman Street Improvements.

Publication.
Award of contract.

where such sealed proposals shall be filed, and when and where the same will be considered by said Board of Commissioners. Said notice shall be published in two consecutive issues of a newspaper of general circulation in the City of Quitman. At the time and place specified in such notice the Board of Commissioners shall examine all bids received, and without unnecessary delay award the contract to the lowest and best bidder, who shall perform the work and furnish materials which may be selected and perform all the conditions imposed by the said Board of Commissioners as prescribed in such resolution and notice for proposals, which contract in no case shall exceed the estimate of cost submitted by the City Manager with the plans and specifications; and the said Board of Commissioners shall have the right to reject any and all bids and readvertise for other bids when any such bids are not in its judgment satisfactory.

Board of appraisers.
Report.

Sec. 7. As soon as the said contract is let and the cost of such improvement, which shall also include all other expenses incurred by the city incident to said improvements in addition to the contract price for the work and materials, is ascertained, the said Board of Commissioners shall by resolution appoint a Board of Appraisers, consisting of the City Manager of said city and the Clerk of the City, to appraise and apportion the cost and expenses of the same to the several tra~ts of land abutting on said improvement as hereinbefore provided. Within ten days from the date of the resolution appointing said board, the said Board shall file a written report of the appraisal, assessment, and apportionment of such expense and cost to the several lots and tracts of land abutting on said street, alley, lane, or avenue or other public places so improved, with the Clerk of said city in the manner and on the basis herein provided. When said report shall have been returned and filed, the said Board of Commissioners shall appoint a time for the holding of a session of the said Board or shall designate a regular meeting of said Board for the

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.
Quitman Street Irriprovements.

l9L

hearing of any complaints of objections that may be made concerning the said appraisement, apportionment, Objections. and assessment as to any such lots or tracts of land abutting on said improvement, and notice of such session for Notice. the said hearing shall be published by the said Clerk in at least one issue of any newspaper of general circulation in the City of Quitman, and said notice shall provide for an inspection of such return by any property owner or other party interested in such return. The time fixed for said hearing shall not be less than five nor more than ten days from the last publication. The said Board of Commissioners a..t said session shall have power to review and correct said appraisement, apportionment, Review. and assessment, to hear objections to the same, and to confirm the same either as made by said Board or as corrected by said Board of Commissioners. Assessments in conformity to said appraisement and apportionment as.confirmed by the Board of Commissioners shall be paid in ten equal installments, and shall bear interest at the rate of not exceeding seven per cent. per Interest. annum until paid, payable in each year at such time as the several installments of the assessments are made payable each year. The said Board of Commissioners shall by ordinance levy assessments, in accordance with said appraisement and apportionment as so confirmed, against the several tracts of land liable therefor; provided, Levy of
assessments.
however, that the rate of interest to be taxed shall not exceed one per cent. (1 %) over and above the rate of interest stipulated in the bonds herein provided for.

Sec. 8. Be it further enacted by the authority afore-

said,

that

the

first

installment

of

said

assessment,

to-

Installment payments.

gether with interest to that date upon the whole, shall

be due and payable on a date to be fixed by the said Board

of Commissioners when the ordinance providing for

said paving is passed, and one instalment with the yearly

interest upon the amounts remaining unpaid shall be

payable on the same date in each succeeding year until

all shall have been paid. Said ordinance shall also

192

PART 11.-TITLE !I.-MUNICIPAL CORPORATIONS.
Quitman Street Improvements.

provide that the owners of the property so assessed

Payments full.

in

shall have the privilege of paying the amounts of their

respective assessments within thirty days from the date

of the passage of said ordinance. The owners of the

property so assessed shall be allowed to make payment

of their respective assessments without interest, within

said period of thirty days, to the Treasurer of the City

of Quitman and relieve their property from the lien of

said assessment, which money so paid to the Treasurer

shall be disbursed pro rata between the contractor and

the city in proportion to the respective interests.

Lien of assessment.

Sec. 9. Be it further enacted by the authority aforesaid, thnt such special assessment and each installment thereof, and the interest thereon, are hereby declared to be a lien against the lots and tracts of land so assessed from the date of the ordinance levying the same, coequal with the lien of other taxes and prior to and superior to all other liens against such lots or tracts, and such lien shall continue until such assessment and interest thereon shall be fully paid; but unmatured installments shall not be deemed to be within the terms of any general covenant or warranty.

Bond issue.
Non-liability of city. Payment of bonds.

Sec. 10. Be it further enacted by the authority aforesaid, that the said Board of Commissioners, after the expiration of thirty days from the passage of said ordinance confirming the levying said assessment, shall by resolution provide for the issuance of bonds in the aggregate amount of such assessment remaining unpaid, bearing date fifteen days after the passage of the ordinance levying the said assessments, and of such denominations as the Board of Commissioners shall determine, which bond or bonds shall in no event become a liability of the Board of Commissioners for the City of Quitman issuing same. One tenth in amount of any such series of bonds, with the interest upon the whole series to date, shall be payable on a date to be specified therein, which date shall not be less than fifteen days

PART !I.-TITLE !I.-MUNICIPAL CORPORATIONS.
Quitman Street Improvements.

193

succeeding the maturity of the first installment of the assessment and interest, as provided in said ordinance of assessment, and one tenth thereof, with the yearly interest upon the whole remaining unpaid, shall be payable upon the same date in each succeeding year until all shall be paid. Such bonds shall bear interest at a rate not ex- Interest rate. ceeding six per cent. per annum from their date until maturity, payable annually, and shall be designated as "Street Improvement Bonds," and shall on the face thereof recite the street or streets, part of street or streets, or other public places for the improvement of which they have been issued, and that they are payable solely from assessments which have been levied upon the lots and tracts of land benefited by said improvement under authority of thi~ ~ct. Said bond shall be signed by the Signature and Board of CoiDIDlsswners and shall be and shall have the seal. impression of the corporate seal of such city thereon, attested by the Clerk, and shall have the interest coupons attached; and all bonds issued by the authority of this Act shall be payable at such place, either within or without the State of Georgia, as shall be designated by said Board of Commissioners. Said bonds shall be sold for
Sale price.
not less than par, and the proceeds thereof applied to the payment of the contract price and other expenses by the said Board of Commissioners, or such bonds in the amount that shall be necessary for that purpose may be turned over and delivered to the contractor in payment Disposal. of the amount due on his contract, and the portion thereof which shall be necessary to pay other expenses incident and incurred in providing for said improvements shall be sold or otherwise disposed of as the Board of Commissoners shall direct. Said bonds shall be registered by Registry.
the Clerk in a book to be provided for that purpose, and certificates of registration by said Clerk shall be endorsed upon each of said bonds.
Sec. 11. Be it further enacted by the authority aforesaid, that the assessments provided for and levied under Payment of the pro,-isions of this Act shall be payable by the person assessments.

194

PART !I.-TITLE H.-MUNICIPAL CORPORATIONS.
Quitman Street Improvements.

owning the said lots or tracts of land as the several in-

stallments become due, together with the interest there-

on, to the Treasury of the City of Quitman, who shall

give proper receipts for such payments. It shall be the cAoclcleocutniotnso.f duty of the T reasurer to keep an accurate account of a11

such collections by him made, and such collections shall

be kept in a special fund to be used and applied for the

payment of such bonds and the interest thereon and

expenses incident thereto, and for no other purpose. It

shall be the duty of said Treasurer or Clerk, not less

than thirty days and not more than forty days before

the maturity of any installment of such assessments, to

Publication or publish in one issue of a newspaper published in the City

notice.

of Quitman and having a general circulation in said city,

a notice advising the owner of the property affected by

such assessment of the date when such installment and

interest will be due, and designating the street or streets

or other public places for the improvement of which

such assessments have been levied, and that unless the

same shall be promptly paid proceedings will be taken

to collect said installment and interest, and, in case of

a default of payment of such installment or assessment Execution. with interest, to issue an execution against the lot or

tract of land assessed for such improvement or against

the party or person owning the same for the amount of

such assessment with interest, and shall turn over the

same to the Marshal or Chief of Police of the City of

Levy and sale. Quitman, Or his deputy, WhO shall levy the Same UpOn

the adjoining real estate liable for such assessment and

previously assessed for such improvement, and, after

advertisement and other proceedings as in case of sales

for City Taxes, the same shall be sold at public outcry

to the highest bidder; and such sales shall vest an abso-

Title.

lute title in the purchaser, subject to the lien of the re-

maining unpaid installments with interest and also

subject to the right of redemption as provided in Sections

880, 1169, 1170-71-72, of the Code of Georgia of 1910;

provided that the defendant shall have the right to file

Affidavit of illegalitY'.

an affidavit denying that the whole or any part of the

PART 11.-TITLE ll.-MUNICIPAL CoRPORATIONS.

195

Quitman Street Improvements.

amount for which said execution is issued is due, and stating what amount he admits to be due, which amount so admitted to be due shall be paid or collected before the affidavit is received, and the affidavit received for the balance. All affidavits (and the foregoing and following provisions shall apply to the street or steam railroads against whom execution shall be issued for the cost and expense of paving) shall set out in detail the reasons why the affidavit claims the amount is not due, and, when received by the City Marshal or Chief of Police, shall be returned to the Superior Court of Brooks :!.~!r.m for County, Georgia, and there be tried and the issue determined as in cases of illegality, subject to all the pains and penalties provided for in case of illegality for delay under the Code of Georgia. The failure of the said Treasurer or Clerk to publish said notice of maturity of any installment of said assessment and interest shall in no wise affect the validity of the assessment and interest and the execution issued therefor.
Sec. 12. Be it further enacted by the authority aforesaid, that no suit shall be sustained to set aside any such assessment or to enjoin the said Board of Commissioners from making any such assessment or levying or collecting any such assessments, or issuing such bonds or providing for their payment as herein authorized or contesting the validity thereof on any ground or for any reason other than for the failure of the Board of Commissioners to adopt and publish the preliminary resolution provided for in Section three of this Act in cases requiring such resolution and its publication, and to give notice of the hearing of the return of the appraisers as herein provided for, unless such suit shall be com- L;mi~tion menced within sixty (60) days after the passage of the o acton.
ordinance making such final assessment; provided that in the event any special assessment shall be found to be invalid or insufficient in whole or in part for any reason whatsoever, the said Board of Commissioners may at any time, in the manner provided for the levying and

196 PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.
Quitman Street Improvements.

original assessment, proceed to cause a new assessment to be made and levied, which shall have like force and effect as an original assessment.

Repaving, etc.

Sec. 13. Be it further enacted by the authority aforesaid, that in all cases where said Board of Commissioners shall deem it necessary to repave, redrain, remacadamize, or otherwise improve any street, alley, avenue, lane, or other public place, which has been paved or improved prior to the passage of this law, or which shall have been heretofore paved, macadamized or drained under the provisions of this Act, such pavement or improvement is hereby authorized to be done under and in pursuance of the provisions of this Act; and in such cases all provisions of this Act providing for making such improvements and levying assessments therefor and the issuance of bonds shall apply; provided, that in the judgment of the said Board of Commissioners for said city the pavement is worn out and no longer serviceable.

Sec. 14. Be it further enacted by the authority afore-

Times of publication

of

said,

that

the

publication

of

all

notices

in

a

newspaper

notices.

called for in this Act shall be the number of days therein

specified, inclusive of Sunday and legal holidays.

Asseuments to City, County, and State.

Sec. 15. Be it further enacted by the authority aforesaid, that whenever the abutting landowners of any street, alley, avenue, or land of said city petition the said Board of Commissioners as herein set out, or said Board of Commissioners pass the resolution provided for in Section three of this Act, for the pavement of any such street, avenue, alley, or lane, or other public place, where the State or any of the political subdivisions is the owner of the property on said street, the frontage so owned is to be counted as if owned by an individual and shall be likewise treated for the purposes of assessment: and where the State is the owner of the property, the Governor is authorized to sign any petition provided for in this Act for and in behalf of the State, and where

PART !I.-TITLE !I.-MUNICIPAL CORPORATIONS.
Savannah Street Closing Authorized.

197

the County is the owner, the Chairman of the Board of County Commissioners of Brooks County is authorized to sign in behalf of the county; and where the City of Quitman is the owner, the Chairman of the Board of Commissioners for the City of Quitman is authorized to sign in behalf of the city.
Sec. 16. Be it further enacted by the authority aforesaid, that the provisions of this Act shall in no wise ~:::ul:tiv!~ annul and void the present law under the present charter of the City of Quitman in reference to paving.within the City of Quitman, but the same shall be in addition to the present laws governing paving within said city.
Sec. 17. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Approved March 23, 1926.

SAVANNAH STREET CLOSING AUTHORIZED

No. 22, SECOND SESSION.

An Act to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, so as to provide that the said Mayor and Aldermen may close and convey that portion of President Street in said City, between Bull and Whitaker Streets; and for other purposes.

Section 1. Be it enacted by the General Assembly of

the State of Georgia, and it is hereby enacted by the

authority

of

the

same1

that

the

Mayor

and

Aldermen

of

Abandon!"ent and clostng

the City of Savannah are hereby authorized and empow- oPf P'!drt of

ered to close and abandon,

as a street,

and highway,

that

rest ent street.

portion of President Street in said City, between Bull and

Whitaker Streets, lying between the present Post-Office

198

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.
Swainsboro Charter Amendments.

Proviso.

Building and Lot 11E," Percival Ward; and upon such terms as to the Mayor and Aldermen may seem reasonable for the purpose of conveying the same to the United States Government in fee simple. Provided, however, that the United States Government has acquired the title to Lot Letter 11E," Percival Ward, above described, and provided further, however, that any action be taken by the authority of this Act shall require an affirmative vote of two thirds of the Mayor and Aldermen.
Sec. 2. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with this Act be and the same are hereby repealed.
Approved April 8, 1926.

SWAINSBORO CHARTER AMENDMENTS.
No.2, SEcoND SEssioN.
An Act to amend an Act entitled An Act to incorporate the City of Swainsboro, in the County of Emanuel, and for other purposes, approved December 6, 1900 (Georgia Laws of 1900, pages 427 to 438), in the following particulars, to wit:
First. By repealing and amending Act entitled An Act to incorporate the Swainsboro School District in Emanuel County, and for other purposes, approved August 5th, 1904 (Georgia Laws of 1904, pages 323 to 328).
Second. By repealing and amending Act creating a System of public Schools in and for the City of Swainsboro, and for other purposes, approved August 23, 1905 (Georgia Laws of 1905, pages 526 to 529), together with an Act amendatory of the same, approved August 16, 1912 (Georgia Laws of 1912, pages 1420 to 1423).

PART H.-TITLE !I.-MUNICIPAL CORPORATIONS.
Swainsboro Charter Amendments.

199

Third. By authorizing the City Council of the City of Swainsboro to sell and convey the city-owned public school properties, whether the same be real, personal, or mixed, to the proper authority of the Swainsboro School District No. 66, of Emanuel County, for such a consideration as it shall deem to be for the best interest of said City, the school properties to be transfered by warranty deed in the name of "The City Council of the City of Swainsboro," by its Mayor, attested by its Clerk, with the corporate seal attached.
Fourth. By authorizing the City Council of the City of Swainsboro to survey, grade, repave, pave, or otherwise improve any of the sidewalks of the City of Swainsboro, whenever in their judgment the same shall be for the best interest of said City; and to assess the cost of all such improvements against abutting property and the owners thereof, in proportion to frontage upon such sidewalks; and to survey, grade, pave, macadamize, or otherwise improve such portions of the streets, lanes, alleys, or ways of said City, as and when, in their judgment, same is to the best interest of the citizens thereof; and to assess two thirds of the total cost of the same against abutting property and the owners thereof, in proportion to the frontage thereon, one third, of such expense to be apportioned to property and the owners thereof, on each side of such street, lane, alley, or way thus improved, with the provision that where any of the roads of the County of Emanuel extending into or through the City of Swainsboro shall be paved, the City Council of the City of Swainsboro shall have credit on its one third of the total cost of such paving of the streets, lanes, alleys, or ways of said City, which shall be so paved by the City Council of the City of Swainsboro in the proportion that such road paving shall bear to the whole cost of the paving said streets, alleys, lanes, or ways; and should the cost of such road paving amount to more than one third of the total cost of both the road and city paving, the

200 PART H.-TITLE H.-MUNICIPAL CORPORATIONS.
Swainsboro Charter Amendments.
overplus shall be credited to the assessments against property, and the owners thereof, in proportion to frontage, one half of such overplus to be allocated to each side of such street, alley, lane, or way so improved; and the City Council of the City of Swainsboro shall have the right to enforce all assessments against the abutting property and the owners thereof, for sidewalks and street, alley, lane, or way improvement hereinbefore provided for, by attachment, execution, or in any other manner authorized by law, after such assessments shall have been published in one issue of the newspapers in which Sheriff's and Ordinary's notices are published, and after notice shall have been served upon owners of such abutting property, of the date, due date, amount, and purpose of such assessment, for as much as thirty days before same are payable, such notices to be in writing, in the name of the City Council of the City of Swainsboro, and signed by the Clerk of Council, and served by the City Marshal upon lot owners in person, or by leaving at their last known place of abode, if within said City, or in person upon any one in actual possession of such abutting property; and in cases where property abutting on streets, alleys, lanes, or ways, so improved, is owned by non-residents, or persons whose whereabouts are not known to be within the limits of of said City, and there is no one in actual pasession of same, notice shall be perfected by posting the aforesaid notice upon such abutting property thirty days before such assessments are due and payable; and all such assessments shall carry the same lien and priorities, from their date, as taxes due said City.
Fifth. By authorizing the City Council of the City of Swainsboro to co-operate with the proper authorities of the County of Emanuel, and of the State Highway Department of the State of Georgia, by contract or otherwise in their discretion, as touching the paving, macadamizing, or otherwise improving sidewalks, streets, lanes, alleys, or ways of said City, adjacent to

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.

201

Swainsboro Charter Amendments.

county-owned property within the limits of said City; and as touching streets, alleys, lanes, or ways of said City, any portion or the whole of which may be paved, or otherwise improved, by the said authorities of the County of Emanuel, or of said State Highway Department of Georgia; and for other purposes.

Sec. 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority ~"ie:feJ.904 of the same, that from and after the passage of this Act, an Act entitled an Act to 11lncorporate the Swainsboro School District" in Emanuel County, and for other purposes, approved August 15, 1904 (Georgia Laws of 1904, pages 427 to 438) be and the same is hereby repealed.

Sec. 2. Be it further enacted by the authority aforesaid, that an Act entitled an Act 11creating a System of Public Schools in and for the City of Swainsboro," and :-eC:e:I~J.905 for other purposes, approved August 23, 1905 (Georgia Laws of 1905. pages 526 to 529), together with an Act amendatory of the same, approved August 16, 1912, (Georgia Laws of 1912, pages 1420 to 1423), be and the same are hereby repealed.

Sec. 3. Be it further enacted by the authority afore-

said, that from and after the passage of this Act the City

Council of the City of Swainsboro be and the same is hereby

sgcivheonolauptrhooperirttyi.etso, sm.elelluanddingcoannvdeyctohnetepmrepsle-anttincgitya-lol wsuncehd

Authority to sell school properties.

properties so held for such purposes by said City, corpo-

real or incorporeal, real, personal or mixed, together with

all rights of approach to and form the same, and all ease-

ments of whatsoever sort incident to, or connected here-

with, to the proper authority, for the use of the Swains-

boro (No. 66) School District of Emanuel County, for

such consideration as it shall deem to be for the best

interest of said City, the said school properties to be trans-

ferred by good and sufficient title, conveying the whole

interest of the City therein, in the name of the City Council -

202

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.
Swainsboro Charter Amendments.

of the City of Swainsboro, by its Mayor, attested by its Clerk, with the corporate seal attached.

Sec. 4. Be it further enacted by the authority afore-

Street-improvement as ..

said,

that

from

and

after

the

passage

of

this

Act

the

sessments. City Council of the City of Swainsboro be given and it

Fowers con- is hereby given authority to survey, grade, pave, repave,

ferred.

or to otherwise improve any of the sidewalks of the City of

Swainsboro, whenever in their discretion the same shall

be for the best interest of said City; and the City Council

of the City of Swainsboro is hereby authorized to assess

the cost of such sidewalk improvement against the prop-

erty abutting thereon and the owners thereof, in propor-

tion to the property frontage upon such improved sidewalk;

and the said City Council of the City of Swainsboro is here-

by given the further authority to survey, grade, drain, curb,

pave, macadamize, or otherwise improve such portions of

the streets, lanes, alleys, or other public ways of said City,

as and when, in their discretion, the same shall be for

the best interest of the citizens of said City; and the City

Council of the City of Swainsboro is hereby given author-

ity to assess two thirds of the total costs of the same

against abutting property, and the owners t;hereof, in

proportion to frontage thereon one third of such total

expense to be allocated to the property, and the owners

thereof, on each side of such street, lane, alley, or public

way so improved, and the cost of all curbing shall be

construed to be a part of such street-paving cost; with

the provision that no part of the cost of paving, macad-

amizing, or otherwise improving the intersection of public

streets, where the same completely cross one another,

shall be assessed directly against abutting or vicinity

property owners, or such property, but such cost shall be

charged against the City, with the right to have credit

on the total cost of such intersection improvements to

the full extent of any highway or road paving done at

such centers; provided further, that where any of the

public roads of the County of Emanuel, extending into

or through the City of Swainsboro, shall be paved by

PART II.-TITLE II.-MuNICIPAL CoRPORATIONS. 203
Swainsboro Charter Amendments.
said County, or by the State Highway Department of Georgia, either with or without Federal aid, the City Council of the City of Swainsboro shall have the right to credit one of its one third of the total cost of paving, and otherwise improving streets, lanes, alleys, or public ways within said City, which shall be so paved or otherwise improved by the City Council of the City of Swainsboro, in the proportion that such road paving done within those portions of such streets, lanes, alleys, or public ways shall bear to the whole cost of improvements made in contemplation of this Act, including road paving, excepting street-crossing intersections; and should the costs of such road paving, within the city-paved portions of such streets, alleys, lanes, or public ways, amount to more than one third of the total cost of both road and city paving and improving within the city-paved portions of the same, the overplus shall be credited to the assessments against property, and the owners thereof, in proportion to frontage abutting on such improved streets, lanes, alleys, or public ways, one half of such overplus to be allocated to each side of such street, alley, lane, or public way so improved, but no street-abutting property, or the owners thereof, shall have any credit for any portion of the total cost of road paving done at the intersection of crossing streets, lanes, alleys, or public ways; and the City Council of the City of Swainsboro shall have the right to enforce all assessments made in pursuance of and under the terms and conditions of this Act, against abutting property, and the owners thereof, for sidewalk and street, alley, lane, or public way improvement, hereinbefore provided for, by attachment, execution, or any other manner authorized by law, including levy and sale, and the right of the City authorities to purchase at its own sale, as under tax sales, after such assessment shall have been published in one issue of the newspaper in which the Sheriff's and Ordinary's notices are published, and after written notice shall have been served upon owners of such abutting property, of the date, amount, purpose, and maturity of such assessments, for as much

204

PART !I.-TITLE !I.-MUNICIPAL CORPORATIONS.
Swainsboro Charter Amendments.

as thirty days before same are payable, such notices to be in the name of the City Council of the City of Swainsboro, signed by its Clerk, served by the City Marshal, or some one else if designated by the said the City Council of the City of Swainsboro so to do, which notice shall be served upon lot owners of such abutting property, in person or by leaving same at their most notorious place of abode, if within said City of Swainsboro; and in case where property abutting on streets, alleys, lanes, or public ways so improved is owned by non-residents of either the City of Swainsboro or the State of Georgia, or persons whose whereabouts is unknown, or whose domicile or place of residence is not known to be within the City of Swainsboro, but some person is found to be in actual possession of such abutting property, then notice may be perfected by serving same upon the one in such actual possession, by handing same to him in person; in all other circumstances, such notice shall be perfected by posting same upon such abutting property for at least thirty days before assessments shall be payable; and all such assessments shall have and carry the same lien and prioroties as taxes payable to said City, to date from the date of the ordinance providing for and making such assessments. In making any of the improvements authorized in this Act, the City Council of the City of Swainsboro is authorized to have same done by contract, or in any other manner it shall deem to be for the best interest of said City; and in making assessments as provided for in this Act, it shall not be precluded from making a subsequent assessment, if the first assessment so made is based upon an estimate that is found to be too low to do the work; but is expressly authorized to make such subsequent assessment, if same is found to be necesary; and in making any assessment provided for herein, if same should be for a larger amount than is found to be necessary to do the improvement undertaken, the amount collected on such assessment shall be only so much as is needed for the improvement; and if more should be collected than needed, same shall be returned to those from who it

PART 11.-TITLE 11.-MUNICIPAL CoRPORATIONS. 205
Swainsboro Charter Amendments.

was collected, ratably, and in proportion to frontage of property assessed, abutting on such improved streets, sidewalks, alleys, lanes, or public ways. Provided further that assessments levied said abutting property and the owners thereof, in accordance with the apportionments herein provided for, shall be paid in not more than ten equal annual installments, and shall bear interest at a rate not to exceed eight per cent. per annum until paid.

Sec. 5. Be it further enacted by the authority aforesa1"d, that from and after t he passage of t h"IS Act , the C1"ty Cwoit-hopsetraattieon Council of the City of Swainsboro be and the same is g!~~~'::ent.

hereby authorized to co-operate with the proper author-

ities of the County of Emanuel, and of the State High-

way Department of the State of Georgia, by contract or

otherwise in their discretion, as touching the paving,

macadamizing, or otherwise improving sidewalks, streets,

lanes, alleys, or other public ways of said City adjacent;

and as touching streets, alleys, lanes, or public ways

within said City, any portion or the whole of which

may be paved, or otherwise improved, by the said author-

ity of the County of Emanuel, or of the said State High-

way Department of Georgia; provided, that nothing in

this paragraph shall in any way abridge or limit the City

Powers not limited.

Council of the City of Swainsboro in making and enforc-

ing the assessments hereinbefore provided for, against

public-owned property, where same abuts on sidewalks,

streets, lanes, alleys, or ways of said City so paved, or

otherwise improved.

Sec. 6. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

Approved March 27, 1926.

206

PART IL-TITLE 11.-MUNICIPAL CORPORATIONS.
Union City Street Improvements.

UNION CITY STREET IMPROVEMENTS.

No. 4, FmsT SEssiON.

An Act to amend an Act approved August 17, 1908, entitled "An Act to incorporate Union City in the County of Campbell, State of Georgia," as amended on August 7, 1925, so as to authorize and empower the Mayor and Council of said City of Union City to pave or hard-surface the streets and sidewalks of Union City, and to issue bonds for that purpose, and to assess, with consent of a majority of the property owners affected, one half of the cost thereof, and to issue executions against said property owners for their assessments, and to enforce the collection thereof, and for other purposes.

Section 1. Be it enacted by the General Assembly

of the State of Georgia, and it is hereby enacted by the

authority of the same, that, from and after the passage

of this Act, the Act of the General Assembly approved

Act of 1908 amended.

August 17, 1908, entitled "An Act to incorporate Union

City in the County of Campbell, State of Georgia," as

amended on August 7, 1925, be and the same is hereby

amended by adding after Section 23 in said act a new

section to be numbered 23-A, to read as follows: Sec-

New sec. 23A. tion 23-A. Be it further enacted, that the City Council

shall have full power and authority by and through

ordinance to require and provide for the paving of streets,

Powers as to sidewalks, lanes, and alleys of said city, and to prescribe

paving and assessments.

the material to be used and the character of such pave-

ment, and prescribe the method of payment thereof;

and to this end said City of Union City is authorized

and empowered to apportion the cost of said paving in

such manner as may seem equitable and just and in such

amount as may seem equitable and just to the Mayor

and Council, between said City and the abutting pro-

perty owners on each side of said streets, sidewalks,

lanes, or alleys or said City, provided that in no instance

. PART 11.-TITLE 11..-MUNICIPAL CORPORATIONS.

207

Vidalia School Tax.

shall the amount apportioned against the abutting property owner be more than one-half of the total cost of such paving; and provided further that such owners shall not be apportioned as herein provided, on any street, sidewalk, lane, or alley, unless the majority of the owners of the property abutting said street, sidewalk, lane; or alley shall first consent to said paving in writing. Such apportionment or amount of such pavement or paving herein provided for as may be assessed against the abutting property owners may be collected by the issuance of executions in the same manner as taxes are collected; and said executions may be levied on any of the property of said abutting property owners after serving notice to said property owner as the Mayor and Council may prescribe. The Mayor and Council shall have the right to issue bonds in accordance with the Constitution and general laws of force in this State, for the purpo&e of paying the City's pro rata part of such pavement of paving.
Sec. 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Approved March 15, 1926.

VIDALIA SCHOOL TAX.
N 0. 26, SECOND SESSION.
An Act to amend an Act entitied An Act to provide for a system of Public Schools for the City of Vidalia, in Toombs County; to provide for a special tax for the support and maintenance of the same; to provide suitable buildings therefor; to establish a Board of Education to conduct the same, and for other purposes, approved August 20th., 1906, as amended by Acts approved August 8th, 1908, August 16th, 1920,

208

PART II.-TITLE II.-MUNICIPAL CORPORATIONS.

Wadley Street Improvements.

and August 17th, 1925, by striking out the entire section 2 of the Amendatory Act approved August 17th, 1925, and for other purposes.

Act of 1925 amended.
Sec. 2 stricken.

Section 1. Be it enacted by the General Assembly
of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, that the Amendatory Act approved August 17th, 1925, be, and the same is hereby amended by striking out the entire Section 2 of said Amendatory Act, approved August 17th, 1925.

Sec. 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

Approved April 10, 1926.

WADLEY STREET IMPROVEMENTS.
No. 14, SECOND SESSION.
An Act to amend the Charter of the City of Wadley, Jefferson County, Georgia, as approved August 14th, 1909, and the subsequent amendments thereto, so as to authorize and empower said City of Wadley, Georgia, through its governing authorities, to pave, macadamize, curb, and otherwise improve any or all of the sidewalks, footways, crosswalks, drains, gutters, streets, roads, lanes, alleys, public squares or other public places or highways, or any portions thereof, within the corporate limits of said city and to assess the costs of making such improvements in whole or in part against the abutting property owners, and of its owners benefited thereof; to provide for the apportionment and collection by legal process of such assessments, and to create a lien on such therefor; to provide for the issuing of bonds to be known as "Street

PART !I.-TITLE !I.-MuNICIPAL. CORPORATIONS. 209
Wadley Street Improvements.

Improvement Bonds" to be negotiated by the city, or otherwise used in making provisions for the payment of the cost of such improvements; to provide for a special fund for the retiring of such bonds, and to authorize the levy and collection of a tax on all the property in said city subject to municipal taxation, to be used in defraying the City of Wadley's share of the expense of said improvements; to authorize said improvements to be made and said paving and macadamizing to be done by said City of Wadley as herein provided, or in connection with any department of this State; to provide for the condemnation of private property for the public use, and the manner of acquiring same by the City, and for other purposes.

Section 1. Be it enacted by the General Assembly

of the State of Georgia, and it is hereby enacted by

authority of the same, that the Act of the General As-

sembly of the State of Georgia, approved August 14th, 1909, consolidating and amending the several Acts ~:,~n".fei.909

incorporating the City of Wadley, Jefferson County,

Georgia, and the Acts amendatory thereof, be and the

same is hereby amended by adding thereto the following

provisions, to wit: The aforesaid City of Wadley,

Jefferson-County, Georgia, through its legally constituted

pauavtheo, rimtieasc,adiasm1h.zeer,ebcyurba,uthanodrizeodthearwnd1.seemI.mpopwroevreedantoy

Powers ferred.

con-

or all of the gutters, roads,

sidewalks, footways, 1anes, a11eys, streets,

crpousbswlICalkssq,uadrreasinosr,

Assessments for paving,

other public places or highways, or any portion thereof, etc.

within the corporate limits of said city, and to assess

the cost of such improvements in whole or in part, against

the abutting pro~Itty owners, and of the owners thereof

benefited, and by suitable ordinance of the aforesaid

authorities to provide for the apportionment and col-

lection by legal l:ocess of such assessments, and to

create a lien on such property therefor, and to provide

for the issuance of bonds to be known as street improve-

ments bonds, which may be negotiated, sold, or other-

210 PART 11.-TITLE 11.-MUNICIPAL CoRPORATIONS.
Wadley Street Improvements.

wise hypothecated by said city, or used otherwise in making provisions for the payment of the cost of such improvements, and to authorize the levy and collection of a tax on all the property in said city subject to municipal taxation, to be used in defraying the city's share of the expense of such improvement in conformity with the provisions of this Act.

Sec. 2. Be it enacted by the authority aforesaid, that

whenever any of the sidewalks, footways, drains, gutters,

streets, roads, lanes, alleys, public squares, highways,

or other public places or any portion thereof, within the

limits of said city, shall have been authorized under the

laws and ordinances thereof, to be paved, macadamized,

curbed, or otherwise improved, and the contract therefor

has been let, and the cost of such improvements has been

ascertained, which cost shall include all of the expenses

incurred by the city incident to such improvements,

including the cost of intersections on any street or streets

to be paved, the Mayor and Council of said City shall

by written resolution appoint a Board of Appraisers,
Board of ap-
praisers. consisting of five persons who shall be freeholders of

said City of Wadley, and shall possess the same quali-

fications as are required by the charter and ordinances

of said City of Wadley for the office of Mayor;.and when

said Board are appointed, they shall do and perform all

the duties provided for in this Act. In the event any

member of said Board of Appraisers is disqualified by

reason of interest, relationship, or other cause, the Mayor

and Council of said City is authorized to appoint in

the place of said disqualified member another person

as a member of the aforesaid Board. The said Board

of Appraisers, within ten days from the date of the resolu-

Report.

tion appointing said Board, shall file a written report of the appraisal and assessment and apportionment of

such expense and cost to the several lots and tracts of

land abutting on said street, alley, lane, avenue, or other

public place so improved, with the Clerk of Council of

said city, in the manner and on the basis herein provided.

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS. 211
Wadley Street Improvements.
When such report shall have been returned and filed, the Mayor and Council shall appoint a time for the holding of a session of Council, or shall designate a regular meeting of Council for the hearing of any complaints or objections that may be made concerning said appraise- Objections. ment, apportionment, and assessment as to any such tracts or lots of land abutting on said improvement; and notice of the said session for the said hearing shall Publication of be published by the said Clerk of Council once a week notice. for two consecutive weeks, in a newspaper of general circulation in the City of Wadley, and said notice shall provide for an inspection of such report by any propertyowner or other party interested in such report. The time fixed for said hearing shall not be less than seven Time for days nor more than fifteen days from the last publica- hearing. tion. The said Mayor and Council at said session, shall have the power to review and correct said appraisement, apportionment, and assessment, and to hear objections to the same, and to confirm the same, either as made Review. by the said Board, or as corrected by said Mayor and Council.
Sec. 3. Be it enacted by the authority aforesaid, that the said Mayor and Council shall by written resolu- Resolution. tion levy an assessment against the lots Or parcels Of Levy of asland abutting on said improvement, in accordance with sessment. said appraisement, apportionment, and assessment, as confirmed by the said Mayor and Council, and such assessments shall be due and payable fifteen days after Payments. the date of the ordinance levying said assessments without interest; but each and every owner of property against which such an assessment has been levied shall have the privilege of electing to pay the same in ten equal annual installments, one of said installments being payable Installments. on the first day of December next succeeding the date of the levy of such assessment, or at such other date or dates as the Mayor and Council may in their discretion fix, and one annual installment, together with annual or semi-annual interest as fixed by said Mayor and Coun- Interest.

212

PART !I.-TITLE 11.-MUNICIPAL CORPORATIONS.
Wadley Street Improvements.

Notes. Liens. Estoppel.

cil upon the amount remaining unpaid, shall become due and payable on the first day of December each succeeding year, by giving to the City of Wadley his promissory notes in a form approved by said Mayor and Council for such deferred payments, with proper interest coupons attached thereto, for interest from the date of the ordinance levying said assessments, and payable annually or semi-annually and on such dates as are fixed in said ordinance, which said notes shall not be in satisfaction and extinguishment of said assessments and the lien thereof, but shall be secured by said assessments and the lien thereof on the property against which they have been levied, and said assessments and liens shall be enforced for the payment thereof. Any property-owner by electing to pay said assessment in ten equal annual installments, by giving promissory notes for said installments, shall be conclusively and forever held to have agreed,admitted, and declared that the said assessment is in every respect a valid lien against his property in accordance with the terms of the ordinance levying said assessments, and shall be forever estopped from contesting the same on any ground whatsoever.

Special lien.

Sec. 4. Be it further enacted by the authority aforesaid, that such special assessment and each installment thereof, together with the interest thereon, shall be a special lien against the lots, parcels, or tracts of land so assessed from the date of the resolution levying the assessment, to be equal with the lien for other taxes, and prior and superior to all other liens against such lots, parcels or tracts of land, and such liens shall continue until such assessments and the interest thereon is fully paid.

Bond issue.

Sec. 5. Be it enacted by the authority aforesaid, that any time after the date of the passage of the orordinance or resolution apportioning and levying the aforesaid assessment, the Mayor and Council of the City of Wadley may by written ordinance or resolution provide for the issuance of bonds in the aggregate amount

PART 11.-TITLE 11.-MuNICIPAL CoRPORATIONS. 213
Wadley Street Improvements.

remaining unpaid, which shall bear date as may be fixed

and determined in said ordinance or resolution. Said

bonds to be of such denomination as said Mayor and

Council may determine, which bonds shall in no event become a debt or liability of said City of Wadley by ~o~i~~bility

reason of its issuing the same for the purposes herein

specified; one tenth of the amount of such series shall become due and payable on the first day of January r:::b~nt of

next succeeding date of the issuance thereof, and one

tenth of the amount of such issue of bonds together with

the interest, annual or semi-annual, upon the whole

amount thereof remaining unpaid shall be payable on

the first day of January in each succeeding year until

all of said installments shall have been paid; said bonds

shall bear interest at not exceeding eight per cent. per lnterest rate.

annum from their date until maturity, which interest

may be required to be paid annually or semi-annually,

as said Mayor and Council may determine, and shall be

designated "Street Improvement Bonds," and shall on

their face recite the street or streets or other public

places for the improvement of which they have been

issued, and that they are payable exclusively from as-

sessments which have been levied upon lots, parcels,

and tracts of land benefited by such improvements under

the authority of this Act; said bonds shall be signed by Signature and



seal.

the Mayor of the C1ty of Wadley and attested by the

Clerk thereof, and shall have thereon the impression

of the incorporate seal of said city, and shall have at-

tached thereto interest coupons, and all bonds issued

by virtue of this Act shall be payable at such place,

either within or without the State of Georgia, as may be

designated by said Mayor and Council; the proceeds of

said bonds shall be applied to the payment of the con-

tract price and other legal expenses incurred in making

such improvements, or such bonds may be, in whole

or in part, negotiated and delivered to the contracting Disposal.

person, persons, firm, firms, corporation or corporations,

making and having made such improvements, at such

price as may be agreed upon in payment of any amount

214

PART II.-TITLE 11.-MUNICIPAL CORPORATIONS.
Wadley Street Improvements.

Registry.

or amounts due such contract or contracts, and any portions of the bonds not so negotiated may be sold or otherwise disposed of by the aforesaid authorities of the City of Wadley and the proceeds applied to any expense incident to and incurred by the city in providing for such improvements; said bonds shall be registered by the Clerk of the City of Wadley as other bonds are authorized to be registered under the laws of this State, and a certificate of such registration shall be endorsed upon each of said bonds.

Payment of assessments.
Account of collections.

Sec. 6. Be it enacted by the authority aforesaid, that the assessments provided for and levied under the provisions of this Act shall be payable by the person owning said lots, parcels, or tracts of land on the first day of December of each year, together with interest thereon, to the Clerk of said City of Wadley, who shall issue proper receipts therefor. The aforesaid officer of the City of Wadley shall keep an accurate account of all such collections made by him, which shall be kept as a separate fund to be used and applied to the payment of such bonds and the interest thereon and for no other purpose, and the Mayor and Council of said City of Wadley is authorized and empowered by proper ordinance to fix the date or dates for the payment of all assessments and interest thereon as in their discretion they deem advisable, when not inconsistent with any of the other provisions of this Act relating thereto.

Sec. 7. Be it enacted by the authority aforesaid, that upon failure of any property owner to pay any assessment herein levied, the City of Wadley is authorized Execution. to issue its execution against such property owner and such property for such sums as may be due with interest, for such paving and improvements as are made by virtue of this Act, and to enforce the payment thereof by levy and sale, which execution: shall be issued and sales thereLevy and sale. under conducted as in case of the issuance of executions and sales for other city taxes, and such sale shall vest in

PART II.-TITLE II.-MUNICIPAL CORPORATIONS. 215
Wadley Street Improvements.

the purchaser absolute title to the property sold, subject Title. to the lien of the remaining unpaid installments with interest; and as against any assessment for the improvements herein provided for, and the enforcement of the same by execution and levy, any abutting property
owner shall have the right to file an affidavit of illegality, Affidavit of returnable to the Superior Court of Jefferson County, illegality.
and to contest the legality of such assessment, which affidavit of illegality shall set forth in detail the reasons why the affiant claims the execution is proceeding illegally, and if any part of said execution is admitted to be due, the affiant shall pay the same to the levying officer before such levying officer shall be required to receive and return said affidavit of illegality to the Superior !i~f.rn for Court of Jeffe:rson County, when said affidavit is filed the same shall be tried and determined as in other cases of illegality, subject to all penalties provided by law in cases where such proceedings are filed for delay only, and said affiant shall be required to give bond with good and sufficient security for the payment of costs in the event said illegality is not sustained, or in lieu thereof ~::ft~r affimay file an affidavit in forma pauperis as provided in claim cases.

Sec. 8. Be it further enacted by the authority afore-

said that said Mayor and Council in its discretion may Assessment of

'

cost.

assess the whole or any part of the expense of construct-

ing sidewalks, footwalks, curbing, drains, and gutters

along the sides of all public thoroughfares in said city,

together with the whole or any part of the cost of all

materials used in making such street improvements

against the property abutting on such thoroughfares,

streets, or highways receiving such benefits, which shall

be against the property and the owners thereof according

to its frontage as is provided in this Act, and the cost of

making such other street improvements as are authorized

under this Act shall be appropriated and assessed as

follows: Not exceeding two thirds (2-3) of the cost

and expenses of improvements made in pursuance of

216

PART !I.-TITLE 11.-MUNICIPAL CORPORATIONS.
Wadley Street Improvements.

this Act shall be assessed against the abutting property and its owners on the two sides of the street or other public thoroughfares paved, macadamized, or otherwise improved according to its front footing and in con-

nectlbn with the other provisions of this Act prescribing the manner in which said apportionment and assess-

ments are to be made, and the balance or residue of such

Tax ad valorem.

expenses and cost shall be chargable to and borne by the City of Wadley, Georgia, which may be paid by the levy and collection of an ad valorem tax or by the issuance of bonds other than the street improvement bonds authorized by this Act to be issued, or by any funds which may be allotted to Jefferson County, for the use and benefit of the public streets in the City of

Wadley, by the State or Federal Government, or by the State and Federal Government or either State or

Federal public road funds, or both, and that either of

the funds herein provided for may be supplemented by

the levy of an ad valorem tax, by the issuance of bonds,

or by State or Federal road funds allotted to the City

of Wadley under the laws of this State. The Mayor

Assessments, how fixed.

and Council of the City of Wadley, Georgia, are hereby

authorized to fix the assessments to be paid by the abut-

ting land owners on any street, or on any block in said

City which is to be paved, at any fractional part of the

cost of said improvement not to exceed the said two

thirds thereof, and for that purpose they are to take

into consideration the location of the property, the im-

provements thereon and the value thereof, and the near_

ness or remoteness of such street or block from the busi-

ness or residential section of said City, the presence or

absence of parks or boulevards, the width of the street

or any factor in the discretion of the Mayor and Council,

and may use in their discretion any basis for fixing the

proportion to be paid by the abutting land owners, but

in no event shall such apportionment exceed said two

thirds as hereinabove provided for.

PART 11.-TITLE 11.-MUNICIPAL CORPORATIO~S.

217

Wadley Street Improvements.

Sec. 9. Be it further enacted by the authority afore-said that when the right of way of any railroad company Railroads. crosses any street, highway, or other thoroughfare within the corporate limits of said city, such company shall be deemed for the purpose of this Act as the owner of property on both sides of the street, highway, or thoroughfare to the extent of the entire width of the right of way, irrespective of the use to which the same may be put or the portion thereof actually occupied by its tracks. Any and all property owned by Jefferson County lying within the corporate limits of said City and abutting any street or highway thereof shall be assessable for any and all public improvements authorized by this Act, in the same manner and to the same extent as such property would be if owned by any private individual, without regard to the use made by the county of such property, and such assessments made against such property shall be collected from the county by an action at common law against said county, or by such other legal method as is allowed by law for the collection of demands against said county.
Sec. 10. Be it further enacted by the authority aforesaid, that the Mayor and Council of the City of Wadley ordinance and is authorized and empowered to enact such ordinance resolutions. and ordinances and adopt such resolution or resolutions as may be necessary to carry out the powers herein conferred, as well as to make all necessary provisions for the apportionment, assessment, and collection of all costs and expenses herein provided for against the abutting property and the owners thereof for such street improvements as may be made under this Act, and is authorized and empowered to fix and determine the date or dates for the payment of such assessments and the interest thereon either in annual or semi-annual payments.
Sec. 11. Be it enacted by the authority aforesaid, that the City of Wadley is authorized and empowered e;;~P'C'":!~~ to make all the improvements provided for in this Act, or State.

218

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.

Wadley Street Improvements.

independent of or in connection with the authorities of Jefferson County having control of the fiscal affairs, the roads and highways thereof, and with the State Highway Department, as is now provided by the Acts of the General Assembly of Georgia, approved August 14, 1909, upon such terms as may be fixed by said State Highway Department, not inconsistent with this Act, and make all contracts necessary in connection therewith.

Sec. 12. Be it further enacted by the authority afore-

said, that the Mayor and Council of the City of Wadley

Control of streets.

shall have full and complete control of the streets, alleys,

sidewalks, and squares of said city, and shall have power

and authority to open, lay out, widen, straighten, or

otherwise change all streets, sidewalks, alleys, and squares

in said City of Wadley. Whenever the said Mayor and

Appraisement City Council of the City of Wadley shall exercise the

of property

taken or power herein delegated, and shall fail to agree with the

amount of damage.

owner or owners of the property taken or damaged, as to the

amount of damage, the said Mayor and City Council of

Wadley shall choose one appraiser and the owners of the

land to be taken or damaged shall choose another appraiser

and the two thus chosen, if they fail to agree, shall select

a third appraiser, and the three appraisers thus chosen,

after being sworn to do justice between the parties, shall

fix the damage to the owner of the property caused by

the opening or changing of such street, alley, or square:

and if the property owner after five days' notice shaH

fail to name an appraiser, the Clerk shall appoint one

for him; and in every case where the two appraisers chosen

shall, for the space of five days fail to agree upon the

third appraiser, the said Clerk shall appoint such ap-

praiser; Provided, the said appraisers, shall be citizens

of said city. The award of the appraisers shall be in

Award.

writing, and shall be filed within five days in the Clerk's

office of the Superior Court of Jefferson County, and

shall thereupon operate as a judgment and execution

may issue thereon. Either party may, within ten days

PART !I.-TITLE 11.-MUNICIPAL CORPORATIONS.

219

Wadley Street Improvements.

from the filing of the award, enter an appeal to the Superior Court of Jefferson County. All costs, including Appeal. the fees of the appraisers, shall be paid by the City; and at any stage of the proceedings to condemn, before or after the final award, the Mayor and Council of the City of Wadley, may, by paying to the property-owner all expenses actually incurred by him, withdraw the proceedings and decline to take the property, or to make the change in such street, alley, sidewalk, or square.
Sec. 13. Be it further enacted by the authority afore- county liable said, that when any property of Jefferson County abuts ~e~~~ess upon any sidewalk in said City, the City of Wadley shall have power and authority to pave, curb, remove or repair the same and assess the whole cost of the same against the county, according to frontage, and when such property abuts upon any street, alley, or way that is graded, paved, or otherwise improved by the said City of Wadley, said city shall have power and authority to assess against said Jefferson County its proportionate part of the cost of such grading, paving, or improving, according to frontage; and the method of collection, in case of refusal to pay, shall be by suit against the County Commissioners of Jefferson County in some court of competent jurisdiction.
Sec. 14. Be it further enacted by the authority aforesaid, that no suit shall be sustained to set aside any such assessment or to enjoin the said Mayor and Council Lfimita,tion from maki.ng any such assessment or levym. g or collect- o action. ing any such assessment, or from issuing bonds as hereinafter provided, or providing for their payment as herein authorized, or to contest the validity thereof on any ground or for any reason, unless such suit shall be commenced within sixty days after the passage of the ordinance making such assessment final; provided that in the event any special assessment shall be found to be invalid or insufficient, either in whole or in part, for any reason whatsoever, the said Mayor and Council

220

PART II.-TITLE 11.-MUNICIPAL CORPORATIONS.

Warsaw Ad Valorem Tax.

may at any time, in the manner provided for the levying of the original assessment, proceed to cause a new assessment to be made and levied, which shall have like force and effect as an original assessment.
Sec. 15. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Approved April 2, 1926.

WARSAW AD VALOREM TAX.

No. 39, SECOND SESSION.

An Act to amend the Act of the General Assembly of Georgia, approved July 21, 1921, to be found in Georgia Laws 1921, pages 1122 to 1145, and entitled "An Act to amend, revise and consolidate the several Acts relating to and incorporating the Town of Warsaw in Chatham County, to change the name of said town to the Town of Thunderbolt, to confer additional powers upon the officers of said town, to define and extend its corporate limits, provide for the election of officers and for the qualification of electors, and for other purposes," so as to authorize an additional ad valorem tax for the purpose of paying interest and principal retirements on bonds issued for paving and improving the streets, roads and highways of said town or any part thereof, and for other purposes.

Act of 1921 amended.

Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, Section 19 of the Acts of the General Assembly of Georgia, approved July 21, 1921, and to be found in Georgia Laws, pages 1122 to 1145, and having the caption stated in the caption hereof, be, and the same is hereby amended

PART II.-TITLE II.-MUNICIPAL CoRPORATIONS. 221
Warsaw Ad Valorem Tax.
by adding to said Section 19, a sub-paragraph to be known as 19 A, as follows: "19-A. Provided However, ~:id.~rA that the said Mayor and Aldermen may levy such additional ad valorem tax, in excess of five (5) mills, as may be necessary to pay the interest and principal re- nAdddviatlioorneaml ,tatxo tirements of any duly authorized bonds, issued for the retire bonds. purpose of paving and improving the streets, roads and highways of the said town, or any part thereof."
Sec. 2. Be it further enacted by authority aforesaid, that all laws and parts of laws in conflict with this Act, be, and the same are hereby repealed.
Approved April 17, 1926.

PART IlL---RESOLUTIONS

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

PART 111.-RESOLUTIONS.
Acceptance of 82nd Division Memorial.

225

PART IlL-RESOLUTIONS.
RESOLUTIONS.
ACTS. Acceptance of Eighty-Second Division Memorial. Binding of Acts of Extraordinary Session. General Assembly Officers Authorized to Remain. Payment of Past-Due Pensions. Printing Fund Deficiency. Relief of Charlie Sharp as Surety. Relief of Tucker et al. as Sureties. Statesboro Normal School; Authority to Borrow.
ACCEPTANCE OF EIGHTY-SECOND DIVISION MEMORIAL.
No. 1, SECOND SESSION.
Resolved by the House, the Senate concurring, that the Governor is authorized:
First, to accept in the name of Georgia a stone to be Governor auproffered by the Eighty-Second Division Association thorized. for a memorial to the members of the Division who participated in the taking of Cornay, France, during the World War;
Second, to give this stone to the commune of Cornay, France, in the name of Georgia for memorial purposes; and

226

PART 111.-RESOLUTIONS.
Binding of Acts; Officers Authorized to Remain.

Third, to take such steps as he may deem necessary, without affecting the State Treasury, to have the stone transported to Cornay, France, for erecting in the public square as a memorial.
Approved April 8, 1926.

BINDING OF ACTS OF EXTRAORDINARY SESSION.

No. 7, SEcOND SEssiON.

Binding of Acts with Journals.
Copies separately bound.

Resolved by the House, the Senate concurring, that a copy of the Acts of the Extraordinary Sessions of the General Assembly, convened in the year 1926, be bound with the H.ouse Journals and the Senate Journals of the aforesaid Extraordinary Sessions of 1926, and that only three thousand, five hundred copies of the Acts be separately bound.

Approved April 17, 1926.

GENERAL ASSEMBLY OFFICERS AUTHORIZED TO REMAIN.

No. 2, SECOND SESSION.

Resolved by the House of Representatives, the Senate

Officers des- concurring, that the Speaker of the House of Represen-

ignated to remain at Cap..

tatives and his Secretary and the President of th~ Senate

itol. for unfinished

and his Secretary, the Clerk of the House of Representa-

business. tives, and the Secretary of the Senate be and are hereby

authorized to remain at the Capitol five days after the

adjournment of the General Assembly, for the purpose of

affixing their official signatures to all bills and resolu-

tions passed previous to said adjournment; and that

they be allowed their per diem for said time.

PART 111.-RESOLUTIONS.
Payment of Past-Due Pensions.

227

Resolved, that the Chairman, respectively, of the

Enrollment

and

Auditing

Committees

of

the

House

and

Chairmen and committees.

Senate, together with the members of the Senate enroll-

mel}t Committees and seven members of the House of

the Enrollment Committee to be designated by the

Chairman thereof, and two members of the House Audit-

ing Committee, and two members of the Senate Auditing

Committee to be designated by the Chairman thereof,

and the Chairman of the House Engrossing Committee

and five members of the House Committee to be desig-

nated by the Chairman thereof, and the Chairman and

two members of the Senate Engrossing Committee to

be designated by the Chairman thereof, be and they are

hereby authorized to remain at the Capitol five days

after the adjournment of the General Assembly, for the

purpose of bringing up the unfinished business of the

session, and that they be allowed their per diem for said

time.

Resolved, that the Postmistress of the House be and she is hereby authorized to remain at the Capitol five Employee. days after the adjournment of the General Assembly, for the purpose of distributing and forwarding member's mail, and that she be allowed her per diem for said time.

Resolved further, that three porters of the House and two porters of the Senate be and they are hereby authorized to remain at the Capitol five days after the adjournment of the General Assembly, and they be allowed their per diem for said tiine.

Approved April 10, 1926.

PAYMENT OF PAST-DUE PENSIONS.
No. 8, SECOND SESSION.
Whereas, the House adjourned yesterday before reach-
inglHouse Bill No. 34, a bill to provide for the payment Preamble.

228

PART IlL-RESOLUTIONS.

Printing Fund Deficiency.

of past-due pensions of Confederate veterans who died since August 26, 1925, therefore making its passage impossible; and whereas a majority of the members of the assembly are in favor of its provisions:

Payment of past-due pensions.

Therefore be it resolved, that if this debt can be paid under the provisions of the pensions laws of this State, the Governor is requested to pay such past-due pensioners.

Approved April 17, 1926.

PRINTING FUND DEFICIENCY

No.6, SEcoND SESSION.

A Resolution to make appropriations to meet deficiency in the General Printing Fund for the year of 1926, and to make same immediately available.

Preamble.

Whereas the General Assembly reduced the appropriation for public printing from forty thousand ($40,000.00) dollars to thirty thousand ($30,000.00) dollars for the year 1926; and whereas this fund has now been reduced to two thousand five hundred ($2,500.00) dollars; and whereas the Acts of the extraordinary session will have to be printed, and much extra expense for printing incurred:

Now, therefore, be it resolved by the House of Repre-

H5,000 avail sentatives, the Senate concurring, that the sum of fifteen

able immedi-

ately.

thousand ($15,000.00) dollars be and the same is hereby

appropriated for payment of public printing authorized

by law for the year 1926, said sum to be immediately

available.

Warrants.

Resolved further, that the Governor be and he is hereby authorized to draw his warrants upon the Treasury, not

PART IlL-RESOLUTIONS.
Relief of Charlie Sharpe as Surety.

229

in excess of the above amount, to pay for public printing authorized by law.
Be it further resolved, that all laws or parts of laws in conflict with this resolution be and the same are hereby repealed.
Approved April 17, 1926.

RELIEF OF CHARLIE SHARPE AS SURETY

N 0. 1' FIRST SESSION.

Whereas, Charlie Sharpe did at the November term

1924, of the Superior Court of Montgomery County, Preamble.

Georgia, become bail for the appearance of Arthur Sharpe

to answer final judgment on a motion for new trial pend-

ing in the Superior Court of said county, based on a con-

viction of said Arthur Sharpe for a misdemeanor, which

said bond was forfeited by reason of the non-appearance

of the said Arthur Sharpe at the time specified in said

bond to answer the final judgment of the Court in said

motion for new trial, which was denied; and whereas, a

rule absolute was entered and execution issued thereon

for the principal sum of one thousand (1,000.00) dollars,

and cost; and whereas, said Arthur Sharpe was afterwards

recaptured

by

said

Charlie

Sharpe,

at

his

own

expense

Relief from bond payment

and without expense to the Sheriff or other County author-

ities, brought up and turned over to the Sheriff of said

County, and incarcerated in the jail of said county and

by said Sheriff turned over to the County Warden and

placed at work in the county chaingang of said county.

Now, therefore, be it resolved by the General Assembly of the State of Georgia, that the said Charlie Sharpe, as surety as aforesaid, be relieved of paying said bond of one thousand ($1000.00) dollars, and that the Clerk of the Superior Court of .:\iontgomery County is hereby author-

230
Proviso.

PART IlL-RESOLUTIONS.
Relief of Tucker Et AJ. As Sureties.
ized and instructed to enter the execution on said rule absolute canceled and satisfied of record, Provided, that said bondsman shall not be relieved of the payment of the cost on the bond forfeiture.
Approved March 11, 1926.

RELIEF OF TUCKER ET AL. AS SURETIES

No.4, SECOND SEssiON.

Preamble.

Whereas R. C. Tucker, T. J. Tucker, J. F. Godfrey, and A. B. Gordon did, at the March term, 1925, of the Superior Court of Hancock County, Georgia, become bail for the appearance of R. R. Tucker to stand trial for a misdemeanor, which said bond was forfeited by reason of the non-appearance of the said R. R. Tucker at the time specified in said bond, and whereas a rule absolute was entered and execution issued thereon for the principal sum of three hundred dollars and cost; and whereas the said R. R. Tucker subsequently came into court, without any expense to the county authorities, and paid all the costs of said bond forfeiture; and whereas, the said Court permitted R. R. Tucker to execute another bond:

Relief from payment of
execution.

Now, therefore, be it resolved by the General Assembly of the State of Georgia, that the said R. R. Tucker as principal, and the said R. C. Tucker, T. J. Tucker, J. F. Godfrey, and A. B. Gordon, securities, as aforesaid, be relieved by paying the execution based upon the bond aforesaid, and that the Clerk of the Superior Court of Hancock County is hereby authorized and instructed to enter up a cancellation and satisfaction on said execution.

Approved April 10, 1926.

PART 111.-RESOLUTIONS.
Statesboro Normal Sehool; Authority to Borrow.

231

STATESBORO NORMAL SCHOOL; AUTHORITY TO BORROW.

No.5, SEcoND SESSION.

Resolved by the House of Representatives, the Senate concurring, that the Board of Trustees of the Georgia Normal School, located at Statesboro, Georgia, be authorized to borrow money for the needs of said school.

Be it resolved by the General Assembly of Georgia, and

it is hereby resolved by the authority of the same, that

the Board of Trustees of the Georgia Normal School,

created under an Act approved August 18, 1906, and

amended to its present charter August 18, 1924, are here-

by fully authorized and empowered to borrow money for Amount auth-

the use and neE>.ds of said school a sum of money excess of forty-five thousand ($45,000.00) dollars.

not in Th1. s

8orize<~:. ecur1ty.

sum of money is to be secured by a mortgage or a deed

with the power of sale to secure debt on the lands and

property of said school. The customary executive officers

of said Board of Trustees are empowered to execute the

above-mentioned conveyances, and to receive the money

for the Board of Trustees of said school.

Approved April 13, 1926.

INDEX

A
ACWORTH, CITY OFPaving and sewerage; amending act------------------------------------- 63
ACTS OF EXTRAORDINARY SESSIONResolution as to binding of______________________________________________________ 226

ADEL, CITY OFStreet improvements; amending act ____ -------------------------------- 65

AGENTS-See Insurance Agents. AMENDMENTS-See Constitutional Amendments.

AMERICUS NORMAL SCHOOLEstablishment of, etc. ------------------------------- ---------------------------- 34

APPLING COUNTY-

Amending act as to commissioners, etc.

59

APPROPRIATIONS-

Acts tabulated _______ ------------------------------------------------------------------ 7 Extra, to common-school fund, authorized ________________________ 49

Printing-fund deficiency --------------------------------------------------

228

Veteran's Service Bureau ------------------------------ ----------------------- 56

ASSISTANT COMMISSIONER OF COMMERCE-

Appropriation to pay increased salary __________________________

10

B

BACONTON-

Street improvements; school system

72

BAINBRIDGE, CITY OFStreet improvements, authority as to___________________________________ 77

BAXLEY, CITY OFStreet improvements; amending act ____________ ------------------------- 88

BILLS OF SALE-

Crops, priority of lien on __ _

44

BONDS ISSUES-

Chatham County, for roads --------------------------------------------

22

Lowndes County and Valdosta, for college____________________________ 25

Mcintosh County, for increasing debt ___________________ ________________ 28

Municipal, for street paving, etc.______

_______________63 et seq.

State, to pay teachers

_____ ___________

---------------------- 31

234

INDEX.

J:30RROWING OF MONEY-

Authority to trustees of school districts____________________________

38

Statesboro Normal School authorized -------------------------------- ___ 231

c

CHATHAM COUNTYPublic road bond issue __________________________________________________________ 22

CIGARS AND CIGARETTESTaxing law amended ____________________________ ------------------------------- 12

CITIES AND TOWNS-Acts relating to __________________ ---------------------------- _______________________ _ 62

COMMERCE, CITY OFRegistration of voters; amending act ____ ------------------------------- 98

CONSTITUTIONAL AMENDMENTS-

Proposals tabulated -------------------------------------------------------

20

CORPORATIONS-Domestication of foreign; amending act _____ -------------------------- 46 Municipalities ---------------------------------------------------------- _____________ 6 3 Non-par stock; amending act' ------------------------------------------------- 48

COUNTIES-Appling commissioners; amending act ---------------------------------- 59 Chatham public road bonds ---------------------------------------------------- 22 Lamar tax-collector and receiver ------------------------------------------ 60 Lowndes bond issue for college -------------------------------------------- 25 Mcintosh bonded debt increase _______ ------------------------------------- 28

CROPS--

Bills of sale; priority of lien ________

44

D
DISCOUNT OF W. & A. RENTALSFor pension payments-------------------------------------------------- ________ 51, 52
DOMESTICATION OF FOREIGN CORPORATIONSAmending law ---------------------------------------- -------------------------------- 46

E

EIGHTY-SECOND DIVISION MEMORIAL-

Acceptance and disposal of ----------------------------------------

225

ESTATES-Taxing law amended ------------------------ --------------------------------------- 15

INDEX.
EXPENSES OF EXTRAORDINARY SESSIONAppropriation of money to pay

235
8

F
FEESOrdinaries', for pension service _____________ -------------------------------- 49
FISCAL YEARSchool year from July !___________________________________ ________________________ 42

G

GAINESVILLE, CITY OFIndustrial and Publicity Board _____________ _ -- ---- ----------------- 101

GENERAL ASSEMBLY-

Extraordinary session, expenses of ____

_____________________ 8

School appropriation required of -------------------------------------------- 49

Unfinished business, authority as to_____

------------------------ 226

GODFREY, J. F.Relieved as surety on bond _______________ ------------------------------------- 230

GORDON, A. B.Relieved as surety on bond ____________________________________________________ 230

H
HARTWELL, CITY OFStreet improvements; amending act--------------------------------------- 104
HOMERVILLERegistration of voters; amending act ___ --------------------------------- 114

I

INHERITANCES-

Taxing law amended_________________________________________

15

INSURANCE AGENTSOccupation tax on ----------------------------------------------- ____________________ 18

J
JACKSON, CITY OFStreet improvements, authority for ________

-------------- ---- 116

236

INDEX.

L LAMAR COUNTY-
Tax-collector and receiver; amending act __ -------------------------- 60

LICENSESInsurance agents; occupation tax _______________________ ------------------ 18

LIENS-

Bills of sale on crops _______________________ ------------------------------

44

LOWNDES COUNTYBond issue for college proposed -------------------------------- _____________ _ 25

LOUISVILLE, CITY OFStreet improvements; amending act _______________________________ _ 125

M

MARIETTA, CITY OF-

Business-license tax; amending act_____________

132

Public-school tax; amending act ----------------------------------

134

MciNTOSH COUNTYBonded debt, proposal to increase ____ ------------- _______ ---------------- 28

McRAE, CITY OFStreet improvements; amending act ____________________________________ 137

MERGER OF SCHOOL SYSTEMSAuthority for ________________________________ ---------------------------------------- 40

MILLEDGEVILLE, CITY OFStreet improvements; amending act ___________________________________ 138

MILLEN, CITY OFStreet improvements; amending act ___ _

________ 140, 143

MOULTRIE, CITY OFStreet improvements; amending act

------ 146

MUNICIPAL CORPORATIONS-

Acts tabulated

62

N
NASHVILLE, CITY OFStreet improvements; amending act _______________ _______________________ 160

NON-PAR STOCKAmending law as to __________________________ --------------------------------- 48

NORMAL SCHOOLS-

Americus sch6ol established _____ _

34

Statesboro Normal School; authority to borrow

231

INDEX.

237

0

ORDINARIES-

Fees for pension services

49

p

PENSIONS-

Fees to ordinaries serving

______________ ______________________ 49

Past-due; resolution for paying ---------------------------------------------- 227 Payments, discount of rentals to meet ______________________________ 51, 52

PERRY, CITY OFStreet improvements; amending act __ ----------------------------------- 173

PRINTING FUNDAppropriation for deficiency __________ --------------------------------------- 228

Q
QUITMAN, CITY OFStreet improvements, authority as to ---------------------- -------------- 185

R

RECORDS OF VITAL STATISTICS-

Proposal to authorize tax for_________________ _

30

RELIEF OF SURETIESResolutions for _______________________________________ _

-------- - 229, 230

RESOLUTIONS OF GENERAL ASSEMBLY---- _ --- --------------- 225

ROADS AND STREETSChatham County bond issue for roads ________ ------------------------ 22 Municipal improvements, assessments, etc. ________________ 62 et seq.
~tate highway system, proposed tax for________ ------------------------- 33

s
SALARIES AND COMPENSATIONAppropriations of money to pay_____________________________________ 8, 10

SAVANNAH, CITY OF-

Closing of President Street __________________________ _

197

SCHOOLS-

Americus Normal School established

34

Appropriation for Twelfth District School

11

Borrowing by local districts _____________ _

38

Borrowing by Statesboro Normal School _

231

238

INDEX.

SCHOOLS (Continued) Extra appropriation to common schools ________________ _______________ 39
Fiscal year changed ---------------------------------------------------------------- 42 Lowndes County and Valdosta College__________________________________ 25
Merger of independent systems _________ ---------------------------------- 40
Statesboro Normal School ------------------------------------------------------ 231 Tax additional, in certain county ------------------------------------------ 20 Tax exemption -------------------------------------------------------- _______________ 18 Teachers, proposal for bond debt to pay________________________________ 31

SHARPE, CHARLIERelieved as surety on bond ____ ----------------------- _______________________ 229

STATE BOND INCREASE-

Proposal for, to pay teachers ____________________________________________

31

STATE HIGHWAY SYSTEM-

Constitutional amendment proposed _____________________,_____

33

STATESBORO NORMAL SCHOOL-

Authority to borrow $45,000 __________________________ _

231

STREETS-See Roads and Streets. SURETIES RELIEVED _______

______________ 229, 230

SWAINSBORO, CITY OFSchool properties; street improvements___________________________________ 198

T

TAXATION AND TAXES-

Cigars and Cigarettes; amending law __________ _

12

Estates and inheritances; amending law________________________________ 15

Exemption of school property______________________________________________ _"_ 17

insurance agents; occupation tax __________________________ --------------- 18

Schools, additional tax for ------------------------------------------------------ 20 State highway system; proposed ___________________________ ---------------- 33

TEACHERS-

State bond debt to pay, proposed

31

TUCKER, R. C., T. J.Relieved as sureties on bond ______________________________ --------------------- 230

TWELFTH DISTRICT A. & M. SCHOOL-

Appropriation to replace burned building

11

INDEX.

239

u

UNFINISHED BUSINESS OF ASSEMBLYResolution as to disposal of ________________ -------- ---- --------- 226

UNION CITYStreet improvements, powers as to

----------------------------------- 206

UNIVERSITY OF GEORGIA-

Americus Normal School as branch _____________________ _

34

v

VETERANS' SERVICE BUREAU-

Amendment of law creating_______

53

Appropriations of money for

56

VIDALIA, CITY OFPublic schools; amending act

---------------- -------------- 207

VITAL STATISTICSCounty tax for, proposed ________________________________________________ 30

w

WADLEY, CITY OF-

Street improvements; amending act ________________

208

WARSAW, TOWN OFTax to retire bonds ______________________

- --------- 220

WESTERN & ATLANTIC RAILROADDiscount of rentals, for pensions __________ ----------------- ------51, 52