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 4 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 6 JouRNAL oF THE HousE, 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 8 JouRNAL OF THE HousE, 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- 10 JouRNAL oF THE HousE, 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 reaictory 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 40 JouRNAL OF THE HousE, 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. 42 JouRNAL oF THE HousE, 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. 76 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 78 JouRNAL OF THE HousE, 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 80 JouRNAL oF THE HousE, 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: 126 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 128 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 130 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: 132 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 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. . . . . . . . . . . . . . . . . . . . . . 250,000.00 154 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:: 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~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::- 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 Rigsioner, 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 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