JOURNAL
OF THE
House of Representatives
OF THE
STATE OF GEORGIA
AT THE
REGULAR SESSION
OF THE
GENERAL ASSEMBLY
At Atlanta, Wednesday, June 24, 1981.
1931 STEDf PBINTING 00 STATE PBINTEKS
A'l'LANTA, GA.
JOURNAL
REPRESENTATIVE HALL, ATLAKTA, GA.,
WEDNESDAY, JuNE 24, 1931.
The Representatives-elect of the General Assembly of Georgia for the years 1930-1931, met pursuant to law in the Representatives Hall at 10:00 o'clock, A.M., this day, and were called to order by Hon. E. B. Moore, Clerk of the last House of Representatives. Prayer was offered by
Bon. J. E. J. Lord, Representative from Jackson
County.
The Secretary of State transmitted to the Clerk the following certified list of names of the Representativeselect:
GEORGIA
Representatives elected at the Generai Election held November 4, 1930.
County
Representative
Appling ______________________ J. A. Ross Atkinson _____________________ J. S. Morris Bacon ________________________ Walter Bennett Baker_ _______________________ A. N. McLeod Baldwin______________________ Marion H. Allen Banks ________________________ J. B. G. Logan Barrow _______________________ George Thompson Bartow _______________________ H. P. McElreath Bartow _______________________ W. S. Peebles Ben HilL ____________________ Wesley R. Walker Berrien _______________________ A. D. Tucker
Bibb _________________________ o. A. Park
Bibb _________________________ J.D. Carlisle
4
JouRNAL oF THE HousE,
County
Representativt
Bibb._. _____________ .--- ____ .L. T. Gillen Bleckley_____________________ .H. McWhorter Brantley _____________________ W. S. Courson Brooks. ______________________ S. M. Turner Brooks. ______________________ W. A. Walker Bryan ________________________ T. T. Osteen
Bulloch. ____________________ .Harvey D. Brannen Bulloch ______________________ Geo. P. Donaldson
Burke. ______________________ .J. J. Bargeron Burke. ______________________ .John J. Jones Butts. _______________________ R. A. Franklin
Calhoun______________________ J. M. Cowart Camden ______________________ R. Ward Harrison
CampbelL ___________________ c. H. Gullatt
Candler_ _____________________ J. C. Trapnell
Carroll _______________________ c. C. Bean
Carroll .. _____________________ L. Z. Dorsett Catoosa._ . ___________________ J. H. Clark Charlton _____________________ L. E. Mallard
Chatham _____________________ Columbus E. Alexander Chatham _____________________ Spence M. Grayson Chatham _____________________ Shelby Myrick
Chattahoochee _______________ C. N. Howard Chattooga ____________________ B. H. Edmondson
Cherokee ____________________ .Joseph E. Johnston
Clarke ________________________ o. H. Arnold, Jr.
Clarke. ______________________ J. Emory Wood Clay __________________________ E. R. King
Clayton. ____________________ .J. E. Mundy Clinch _______________________ W. V. Musgrove
Cobb ________________________ .Orlando Awtrey Cobb .. _______________________ W. T. Pace
Coffee ________________________ c. E. Stewart
Colquitt. ____________________ T. W. Mattox
Colquitt______________________ w. A. Sutton
Columbia ____________________ J. L. Weeks
Cook. _______________________ .H. w. Nelson
Coweta. _____________________ .J. C. McKoy Coweta _______________________ J. W. Powell
Crawford _____________________ W. F. Andrews Crisp ___ . ____________________ .Jno. M. Cain Dade _________________________ J. M. C. Townsend
Dawson ______________________ J. E. Robertson Decatur ______________________ E. H. Griffin
WEDNESDAY, jUNE 24, 1931.
5
County
Representative
Decatur ______________________ J. M. Simmons DeKalb_______________________ Paul L. Lindsay DeKalb _______________________ Roy C. Leathers DeKalb ______________________ H. A. Beaman Dodge ________________________ A. R. Ross Dodge ________________________ J. L. Yawn Dooly ________________________ E. B. Dykes
Dougherty ___________________ cruger Westbrook
Douglas ______________________ D. S. Strickland Early _________________________ Lowrey Stone Echols _______________________I. F. Culpepper
Effingham ___________________ H. L. Seckinger Elbert ________________________ Peyton S. Hawes Elbert ________________________ J. T. Sisk EmanueL ____________________ J. B. Spivey EmanueL ____________________ F. C. Williams Evans ________________________ B. G. Tippins Fannin ______________________ R. T. Hampton Fayette_______________________ J. W. Culpepper Floyd ________________________ J. S. Crawford Floyd ________________________ J. Scott Davis Floyd ________________________ H. L. Lanham
Forsyth ______________________ E. G. Chambers Franklin _____________________ Rush Burton Fulton _______________________ Geo. A. Eckford Fulton _______________________ William G. McRae Fulton _______________________ Luther Still Gilmer _______________________ Watkins Edwards Glascock _____________________ J. J. Killebrew Glynn _______________________ J. T. Colson Gordon ______________________ W. 0. Lewis Grady ________________________ Ira Carlisle Greene _______________________ Joseph P. Brown Gwinnett ____________________ Mack Pittard Gwinnett_____________________ F. Q. Sammon
Habersham ___________________ c. s. Hubbard HalL _________________________ w. V. Lance
HalL _________________________ Perry Oliver
Hancock _____________________ John C. Lewis
Haralson _____________________ w. 0. Strickland
Harris________________________ H. C. Kimbrough Hart _________________________ Jas. H. Skelton, Jr. Heard ________________________ Jep. H. Parham
Henry _______________________ .B. S. Elliott
6
JouRNAL OF THE HousE,
County
Representative
Houston _____________________ J. P. Duncan Irwin ________________________ Warren R. Mixon
Jackson ______________________ H. W. Davis Jackson _____________________ J. E. J. Lord Jasper _______________________ William H. Key Jeff Davis ____________________ J. C. Bennett Jefferson _____________________ T. F. Purvis Jefferson ____________________ J. P. Rabun Jenkins ______________________ Walter Harrison Johnson _____________________ A. L. Hatcher Jones ________________________ L. P. James Lamar_ _______________________ H. J. Kennedy Lanier_ ______________________ L. L. Patten
Laurens ______________________ William Brunson Laurens ______________________ carl K. Nelson Laurens ______________________ J. F. Graham Lee __________________________ J. P. Horne Liberty_______________________ Donald H. Fraser Lincoln ______________________ W. F. Sims Long _________________________ T. L. Howard Lowndes _____________________ J. D. Ashley Lowndes _____________________ H. B. Edwards Lumpkin ____________________ Fred C. Jones Macon _______________________ John M. Greer Madison ______________________ Miles Collier Marion _______________________ F. L. Clements _McDuffie _____________________ Randall Evans, Jr. Mcintosh ____________________ H. G. Atwood Meriwether ___________________ G. A. Huddleston
Meriwether_ __________________ w. E. Irvin
Miller_ _______________________ I. B. Bush Milton _______________________ Carlos V. Shirley MitchelL _____________________ E. M. Davis
MitchelL _____________________ Dutchman Wilkes Monroe _______________________ W. B. Freeman Montgomery __________________ A. S. Johnson Morgan _______________________ E. L. Walker Murray _______________________ F. S. Wilson Muscogee _____________________ W. W. Battle Muscogee _____________________ c. J. Meredith Muscogee _____________________ Columbus Roberts Newton ______________________ Charles C. King Oconee _______________________ c. N. Griffeth
Oglethorpe ___________________ w. L. Green, Sr.
WEDNESDAY, JuNE 24, 1931.
7
County
Representative
Paulding _____________________ P. B. Jones
Peach ________________________ E. Leroy Fagan Pickens ______________________ Luke Tate Pierce ________________________ T. J. Dixon Pike __________________________ R. C. Johnson
Polk _________________________ c. I. Scarbrough
Pulaski ______________________ D. C. Chalker Putnam ______________________ J. 0. Wall Quitman _____________________ Dr. Loren Gary Rabun _______________________ J. J. Kimsey
Randolph ____________________ Robert L. Moye Richmond ____________________ J. L. Cartledge
Richmond ___________________ w. D. Lanier
Richmond ___________________ William M. Lester
Rockdale _____________________ c. R. Cannon
Schley _______________________ A. A. Arrington
Screven ______________________ w. G. Sharpe
Screven ______________________ R. W. Walker Seminole _____________________ J. E. Johnson Spalding _____________________ T. J. PurdY
Stephens _____________________ w. C. Edwards
Stewart ______________________ D. G. Bland Sumter_ ______________________ R. L. Maynard
Sumter_ ______________________ A. F. Hodges Talbot _______________________ J. H. McGehee Taliaferro ____________________ B. R. Trotter Tattnall______________________ J. C. Beasley Taylor_ ______________________ J. T. Childs Telfair_ ______________________ J. H. Clements TerrelL ______________________ C. M. Harris
Thomas ______________________ W. B. Cochran Thomas ______________________ W. T. Mardre Tift_ _________________________ T. E. Phillips Toombs ______________________ J. Ellis Pope
Towns _______________________ E. L. Adams Treutlen _____________________ T. W. Cullens Troup________________________ M. U. Mooty Troup ________________________ Duke Davis
Turner _______________________ R. Paulk Twiggs _______________________ J. I. Mercer
Union ________________________ V. M. Waldrop Upson _______________________ W. A. Whittle Walker _______________________ John M. Hutcheson Walker_ ______________________ J. R. Rosser
8
JouRNAL OF THE HousE,
County
Representative
Walton _______________________ E. L. Almand
Walton __ . ____________________ J. T. Preston Ware ________________________ H. D. Bunn
Ware _________________________ c. V. Stanton
Warren _______________________ c. M. Swain
Washington __________________ J. E. Hyman
Washington __________________ Jack B. Taylor
Wayne _______________________ w. G. Thomas
Webster ______________________ J. W. MontgomerY Wheeler_ _____________________ R. E. Rivers White ________________________ J. B. R. Barrett
Whitfield _____________________ o. R. Hardin Wilcox ________________________ w. K. Holt
Wilkes ________________________ Thomas W. Cozart Wilkes ________________________ Wade H. Griffin
Wilkinson ____________________ Eli B. Hubbard
Worth ________________________ w. J. Crowe
Worth ________________________ T. B. Jenkins
STATE OF GEORGIA
OFFICE OF SECRETARY OF STATE
I, GEO. H. CARSWELL, SECRETARY OF STATE OF THE STATE OF GEORGIA, DO HEREBY CERTIFY, THAT THE three pages of typewritten matter attached hereto, show the names of the various counties of the State of Georgia, with the name of the Representative from each county, or Representatives, as the case may be, elected to the House of Representatives in the General Assembly of this State, in the general election held November 4, 1930, as shown by the consolidated returns of said general election, which returns are on file in this office.
In Testimony \Vhereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 24th day of June in the year of our Lord One Thousand Nine Hundred and Thirty-
-WEDNESDAY, JuNE 24, 1931.
9
one and of the Independence of the United States of America the One Hundred and Fifty-fifth.
GEo. H. CARSWELL,
Secretary of State.
To the House of Representatives:
I beg to advise that the election of the following new member to your body since the last general election has been certified to the Executive Department by the Secretary of State:
Hon. 0. M. Thomason, Representative from Worth County, to succeed Hon. T. B. Jenkins, deceased.
This June 24, 1931.
Respectfully submitted,
L. G. HARDMAN,
Governor.
The roll of counties was called and the Representativeselect came forward to the bar of the House of Representatives, the oath of office being administered by the Hon. Marcus W. Beck, Associate Justice of the Supreme Court of Georgia.
The next business being the election of a Speaker, Hon. J. C. Beasley of Tattnall, placed the name of Hon. Arlie D. Tucker of Berrien in nomination and the nomination was seconded by Messrs. Rosser of Walker, Bland of Stewart, Lanier of Richmond, Thomas of Wayne, Donaldson of Bulloch, Nelson of Cook, Mixon of Irwin, and Sutton and Mattox of Colquitt.
The roll call was ordered and the vote was as follows:
Adams Alexander
Allen Almand
Andrews Arnold
10
JouRNAL OF THE HousE,
Arrington Ashley Atwood Awtrey Bargeron Barrett Battle Beaman Bean Beasley Bennett of Bacon Bennett of Jeff Davis Bland Brannen Brown Brunson Bunn Burton Cain Cannon Carlisle of Bibb Carlisle of Grady Cartledge Chalker Chambers Clark Clements of Marion Cochran Collier Colson Courson Cowart Cozart Crawford Crowe CUllens CUlpepper of Echols Culpepper of Fayette Davis of Floyd Davis of Jackson Davis of Mitchell Da..,is of Troup Dixon Donaldson Dorsett Duncan
Dykes
Kennedy
Eckford
Key
Edmondson
Killebrew
Edwards'of Gilmer Kimbrough
Edwardsof Lowndes Kimsey
Edwards'of Stephens King of Clay
Elliott
King of Newton
Evans
Lance
Fagan
Lanham
Franklin
Lanier
Fraser
Leathers
Freeman
Lester
Gary
Lewis of Gordon
Gillen
Lewis of Hancock
Graham
Lindsay
Grayson
Logan
Green
Lord
Greer
McElreath
Griffeth
McGehee
Griffin of Decatur
McKoy
Griffin of Wilkes
McLeod
Gullatt
McRae
Hampton
McWhorter
Hardin
Mallard
Harris
Mardre
Harrison of Camden Mattox
Harrison of Jenkins Mercer
Hatcher
Meredith
Hawes
Mixon
Hodges
Montgomery
Holt
Mooty
Horne
Morris
Howard of Chatt'h'chee Moye
Howard of Long
Mundy
Hubbard of Habersham Musgrove
Hubbard of Wilkinson Myrick
Hutcheson
Nelson of Cook
Hyman
Nelson of Laurens
Irvin
Oliver
James
Osteen
Johnson of Montgomery Pace
Johnson of Pike
Parham
Johnson of Seminole Patten
Johnston
PaUlk
Jones of Burke
Peebles
Jones of Paulding
Phillips
WEDNESDAY, }UNE 24, 1931.
11
Pittard Pope Powell Preston Purdy Purvis Rabun Rivers Roberts Robertson Ross of Appling Ross of Dodge Rosser Sammon Scarbrough Seckinger Sharpe
Shirley
Thompson
Simmons
Tippins
Sisk
Townsend
Skelton
Trapnell
Spivey
Trotter
Stanton
Turner
Stewart
Walker of Ben Hlll
Still
Walker of Brooks
Stone
Walker of Morgan
Strickland of Douglas Wall
Strickland of Haralson Weeks
Sutton
Westbrook
Swain
Whittle
Tate
Wilkes
Taylor
Williams
Thomas
Wood
Thomoson
Yawn
Tucker ............................... 200
By unanimous consent, the verification of the roll call was dispensed with.
Upon consolidating the votes cast it was found that Mr. Tucker had received 200 votes, being the entire number of votes cast.
The Hon. Arlie D. Tucker, having received a majority of all the votes cast was declared elected Speaker for the ensuing term of two years.
The Chair appointed the following committee to escort the Speaker to the Speaker's stand:
l\'lessrs. Beasley of Tattnall,
Rivers of Wheeler,
Johnson of Seminole,
Nelson of Cook,
Thomas ofWayne.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
12
JouRNAL OF THE HousE,
Mr. Speaker:
I am instructed by the Senate to notify the House of Representatives that the Senate has been organized by the election of the Hon. W. Cecil Neill, Senator from the 24th District, as President, and Hon. John T. Boifeuillet, of Bibb County, as Secretary, and is ready to proceed with the transaction of business.
The next order of business being the election of the Clerk of the House, Hon. Felix Williams of Emanuel placed in
nomination the name of Andrew J. Kingery of Emanuel,
which was seconded by Messrs. Duncan of Houston, Simmons of Decatur, Alexander of Chatham, and Still of Fulton.
Mr. Lanier of Richmond moved that the nominations be closed, and the motion prevailed.
The roll call was ordered and the vote was as follows:
Adams Alexander Allen Almand Andrews Arnold Arrington Ashley Atwood Awtrey Bargeron Barrett Battle Beaman Bean Beasley Bennett of Bacon Bennett of Jeff Davis Bland Brannen Brown Brunson Bunn Burton
Bush Cannon Carlisle of Bibb Carlisle of Grady Cartledge Chalker Chambers Childs Clark Cochran Colson Courson Cowart Cozart Crowe Cullens Culpepper of Fayette Davis of Jackson Davis of Mitchell Davis of Troup Dixon Donaldson Dorsett Duncan
Dykes Eckford Edmondson Edwards of Gilmer Edwards of Lowndes Edwards of Stephens Elliott Evans Fagan Franklin Fraser Freeman Gillen Graham Grayson Green Greer Griffeth Griffin of Decatur Griffin of Wilkes Gullatt Hampton Hardin Harris
WEDNESDAY, JuNE 24, 1931.
13
Harrison of Camden McKoy
Harrison of Jenkins McRae
Hatcher
McWhorter
Hawes
Mallard
Hodges
Mardre
Holt
Mattox
Horne
Meredith
Howard o(Chatt'h'chee Mixon
Howard of Long
Montgomery
Hubbard of Habersham Morris
Hubbard of Wilkinson Moye
Hutcheson
Mundy
Hyman
Musgrove
Irvin
Myrick
James
Nelson of Cook
Johnson of Montgomery Nelson of Laurens
Johnson of Pike
Oliver
Johnson of Seminole Osteen
Johnston
Pace
Jones of Burke
Parham
Jones of Lumpkin
Park
Jones of PaUlding
Patten
Kennedy
PaUlk
Key
Peebles
Killebrew
Phillips
Kimbrough
Pittard
Kimsey
Pope
King of Clay
Powell
King of Newton
Preston
Lance
Purdy
Lanham
Purvis
Lanier
Rabun
Leathers
Rivers
Lester
Roberts
Lewis of Gordon
Robertson
Lindsay
Ross of Appling
Logan
Ross of Dodge
Lord
Rosser
McElreath
Sammon
McGehee
Scarbrough
Seckinger Sharpe Shirley Simmons Sisk Skelton Spivey Stanton Stewart Still Stone Strickland of Douglas Strickland of Haralson Sutton Swain Tate Taylor Thomas Thomoson Thompson Tippins Townsend Trapnell Trotter Turner Waldrop Walker of Ben Hill Walker of Brooks Walker of Morgan Walker of Screven Wall Weeks Westbrook Whittle Wilkes Williams Wilson Wood Yawn
Kingery .......... : .................... 192
By unanimous consent, the verification of the roll call was dispensed with.
14
JouRNAL OF THE HousE,
Upon consolidating the votes cast it was found that Mr. Kingery had received 192 votes, being the en tire number of votes cast.
Andrew J. Kingery, of Emanuel, having received a
majority of all the votes cast was declared elected Clerk for the ensuing term of two years.
The Speaker appointed the following committee to escort the Clerk to the Clerk's stand:
Messrs. \Villiams of Emanuel, Mardre of Thomas, Wilkes of Mitchell, Hampton of Fannin, and Beaman of DeKalb.
The Clerk was escorted to the Clerk's stand by the committee.
The following resolutions were read and adopted:
By l\lr. Nelson of Cook-
House Resolution No. 1. A resolution that the Senate be notified that the House has been organized by the election of Hon. Arlie D. Tucker of Berrien as Speaker and
Andrew J. Kingery of Emanuel as Clerk.
By lVIr. Nelson of Cook-
House Resolution No. 2. A resolution that a committee of three from the House to be appointed by the Speaker and two from the Senate to be appointed by the President to notify the Governor that the General Assemblv has been organized and is now ready for the transact(on of business.
WEDNESDAY, JuNE 24, 1931.
15
The Speaker appointed the following members on the part of the House to notify the Governor:
Messrs. Bland of Stewart, Leathers of DeKalb, Adams of Towns.
The next order of business being the election of Speaker Pro Tern. of the House, Mr. Rosser of \Valker placed in
nomination the name of Hon. L. Thos. Gillen of Bibb,
which nomination was seconded by :\Iessrs. Kennedy of Lamar, :\IcGehee of Talbot, Edwards of Lowndes, and Beaman of DeKalb.
:Mr. IVIattox of Colquitt moved that the nominations be closed, and the motion prevailed.
By unanimous consent, asked by l\Ir. Taylor of \Yashington, the name of l\Ir. Hyman of Washington was withdrawn from the nomination.
The roll call was ordered and the vote was as follows:
Alexander Almand Andrews Arnold Arrington Ashley Atwood Awtrey Bargeron Battle Beaman Bean Beasley Bennett of Bacon Bennett of Jeff Davis Bland Brannen Brown Brunson
Bunn Burton Bush Cain Cannon Carlisle of Bibb Carlisle of Grady Cartledge Chalker Chambers Childs Clark Clements of Marion Cochran Collier Colson Courson Cowart Cozart
Crawford Crowe Cullens Culpepper of Echols Culpepper of Fayette Davis of Floyd Davis of Jackson Davis of Mitchell Davis of Troup Dixon Donaldson Dorsett Duncan Dykes Eckford Edmondson Edwards of Gilmer Edwards of Lowndes Edwards of Stephens
16
JouRNAL OF THE HousE,
Elliott
Lanham
Evans
Leathers
Fagan
Lester
Franklin
Lewis of Gordon
Fraser
Lewis of Hancock
Freeman
Lindsay
Gary
Logan
Gillen
Lord
Graham
McElreath
Grayson
McGehee
Green
McKoy
Greer
McLeod
Griffeth
McRae
Griffin of Wilkes
McWhorter
Gullatt
Mallard
Hampton
Mardre
Hardin
Mattox
Harris
Maynard
Harrison of Camden Meredith
Harrison of Jenkins Mixon
Hatcher
Mooty
Hawes
Morris
Hodges
Moye
Horne
MundY
Howard of Chatt'h'chee Musgrove
Howard of Long
MYrick
Hubbard of Habersham Nelson of Cook
Hubbard of Wilkinson Nelson of Laurens
Hutcheson
Oliver
Hyman
Osteen
James
Pace
Johnson of Montgomery Parham
Johnson of Pike
Park
Johnson of Seminole Paulk
Johnston
Peebles
Jones of Burke
Phillips
Jones of Lumpkin Pittard
Jones of Paulding
PQwen
Kennedy
Preston
Key
PurdY
Kimbrough
Purvis
Kimsey
Rabun
King of Clay
Rivers
Lance
Roberts
Robertson Ross of Appling Ross of Dodge Rosser Sammon Scarbrough Seckinger Sharpe Shirley Simmons Skelton Spivey Stanton Stewart Still Stone Strickland of Douglas Strickland of Haralson Sutton Swain Tate Taylor Thomas Thomason Thompson Tippins Townsend Trapnell Trotter TurD.er Waldrop Walker of Ben Hill Walker of Brooks Walker of Morgan Walker of Screven Wall Weeks WestbrQQk
Whittle Wilkes Williams Wilson wooo Yawn
Gillen ................................. 188
WEDNESDAY, JuNE 24, 1931.
17
By unanimous consent, the verification of the roll call was dispensed with.
Upon consolidating the vote it was found that Mr. Gillen had received 188 votes, being the entire number of votes cast.
Mr. Gillen having received a majority of all the votes cast was declared elected Speaker Pro Tern. for the ensuing term of two years.
The Speaker appointed the following committee to escort the Speaker Pro Tern. to the Speaker's stand:
Messrs. Rosser of Walker, Kennedy of Lamar, Beaman of DeKalb, Meredith of Muscogee, Lewis of Hancock.
The Speaker Pro Tern. was escorted to the Speaker's stand and delivered an address to the House.
The following resolution was read and adopted:
By Mr. Nelson of Cook-
House Resolution No. 3. A resolution that the Speaker be and is hereby authorized to appoint a Chaplain and Postmistress for the session or for any part of the session that he may see fit.
The next order of business being the election of the Messenger of the House, Mr. Carlisle of Grady placed in nomination the name of Hon. H. H. Wind of Grady, which nomination was seconded by Messrs. Simmons of Decatur, Thomas of Wayne, Grayson of Chatham, Lance of Hall, Crowe of Worth, and Hatcher of Johnson.
18
JouRNAL OF THE HousE,
Mr. Hawes of Elbert placed in nomination the name of Hon. H. A. Adams of Elbert.
Mr. King of Newton placed in nomination the name of Hon. L. P. Loyd of Newton, which nomination was seconded by Mr. Still of Fulton.
Mr. Waldrop of Union placed in nomination the name
of Hon. T. J. Hanie of White.
:vir. Evans of McDuffie placed in nomination the name
of Hon. J. S. Jones of l\IcDuffie, which nomination was
seconded by l\1essrs. \Yeeks of Columbia, Brown of Greene, and Cartledge of Richmond.
l\lr. Walker of Brooks moved that the nominations be closed, and the motion prevailed.
By unanimous consent, :\Ir. Stewart of Coffee was excused from voting.
The roll call was ordered and the vote was as follows:
Those voting for i\Ir. :\dams were l\Iessrs.:
Adams Atwood Hawes
Kimbrough Leathers McKoy
Montgomery Sisk Skelton
Those voting for l\lr. Loyd were Messrs.:
Almand Chambers Davis of Floyd Edmondson
Key King of Newton Lord Robertson
Still Thompson Walker of Morgan
Those voting for :\Ir. Hanie were Messrs.:
Awtrey Barrett
Tate
Waldrop
Those voting for Mr. Jones were Messrs.:
Brown Cartledge
Culpepper of Echols Lester
Evans
Weeks
WEDNESDAY, JuNE 24, 1931.
lU
Those voting for Mr. \Vind were Messrs.:
Alexander Andrews Arnold Arrington Ashley Bargeron Battle Beaman Bean Beasley Bennett of Bacon Bennett of Jeff Davis Bland Brannen Brunson Bunn Burton Bush Cain Cannon Carlisle of Bibb Carlisle of GradY Chalker Childs Clark Clements of Marion Cochran Collier Colson Courson Cowart Cozart Crawford Crowe Cullens Culpepper of Fayette Davis of Jackson Davis of Mitchell Davis of Troup Dixon Donaldson Dorsett Duncan Dykes
Eckford
King of Clay
Edwards of Gilmer
Lance
Edwards of Lowndes Lanham
Edwards of Stephens Lanier
Elliott
Lewis of Gordon
Fagan
Lewis of Hancock
Franklin
Lindsay
Fraser
Logan
Freeman
McElreath
Gary
McGehee
Gillen
McRae
Grayson
McWhorter
Green
Mattox
Greer
Meredith
Griffeth
Mixon
Griffin of Decatur
Mooty
Griffin of Wilkes
Morris
Gullatt
Moye
Hampton
Mundy
Hardin
Musgrove
Harrison of Camden Myrick
Harrison of Jenkins Nelson of Cook
Hatcher
Nelson of Laurens
Hodges
Oliver
Holt
Osteen
Horne
Pace
Howard of Chatt'h'chee Parham
Howard of Long
Park
Hubbard of Habersham Patten
Hubbard of Wilkinson Paulk
Hutcheson
Peebles
Hyman
Pittard
Irvin
Pope
James
Powell
Johnson of Montgomery Preston
Johnson of Pike
Purdy
Johnson of Seminole Purvis
Johnston
Rabun
Jones of Burke
Rivers
Jones of Lumpkin
Roberts
Jones of Paulding
Ross of Appling
Kennedy
Ross of Dodge
Killebrew
Rosser
Kimsey
Sammon
20
JouRNAL OF THE HousE,
Scarbrough
Sutton
Seckinger
Swain
Sharpe
Taylor
Shirley
Thomas
Simmons
Thomoson
Sims
Tippins
Spivey
Townsend
Stanton
Trapnell
Stone
Trotter
Strickland of Douglas Turner
Strickland of Haralson
Walker of Ben Hill Walker of Brooks Walker of Screven Westbrook Whittle Wilkes Williams Wilson Wood Yawn
Adams ................................. 9
Loyd ................................. . 11
Hanie .................................. 4
Jones ................................... 6
Wind ................................. 162
By unanimous consent, the verification of the roll call was dispensed with.
Upon consolidating the votes cast it was found that Mr. Adams had received 9 votes, Mr. Loyd 11 votes, ~Ir.
Hanie 4 votes, Mr. Jones 6 votes, and Mr. \Vind 162 votes.
Mt'. Wind having received a majority of all the votes cast was declared elected Messenger of the House for the ensuing term of two years.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has concurred in the following resolution of the House:
A resolution to notify the Governor that the General Assembly has convened and is ready for business.
The Senate Committee is composed of Messrs. Tippins of the 49th District and West of the 11th District.
WEDNESDAY, JuNE 24, 1931.
21
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the following joint resolution of the Senate, in which the concurrence of the House is respectfully asked, to-wit:
Resolution No. 2. A resolution providing for a joint session of the General Asserpbly to convene tomorrow, Thursday, June 25, 1931, at 11:00 o'clock, A. M., for the purpose of canvassing, consolidating and declaring the election returns for Governor and State House officers, as required by law.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed the resolution to which they invite the concurrence of the House:
A resolution providing for a joint session at 12:00 o'clock on Friday, June 26, 1931, to receive a message from his Excellency, the Governor, and to provide an escort for his Excellency.
The Senate Committee is composed of Messrs. McWhorter of the 50th District, Perkins of the 17th District, and Horn of the 12th District.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the following joint resolution of the Senate, in which the concurrence of the House is respectfully asked, to-wit:
22
JouRNAL OF THE HousE,
Senate Resolution No. 3. A resolution providing for a joint committee of two from the Senate and three from the House of Representatives to arrange for the inauguration of the Governor-elect.
The committee on the part of the Senate is composed of Messrs. Moore of the 47th District and Peterson of the 15th District.
The following resolution of the House was read and adopted:
By Mr. Crowe of Worth and others-
House Resolution No. 4. A resolution extending the sympathy of the House to Hon. G. A. Huddleston of Meriwether on the death of his sister.
The next order of business being the election of the Doorkeeper of the House, Mr. Cochran of Thomas placed in nomination the name of Hon. A. A. Haynes of Thomas County.
Mr. Key of Jasper placed in nomination the name of Hon. Robert S. Talmadge of Jasper, which nomination was seconded by Messrs. Arnold of Clarke, Lord of Jackson, Edmondson of Chattooga, and Stewart of Coffee.
Mr. Lanier of Richmond moved that the nominations be closed, and the motion prevailed.
The roll call was ordered and the vote was as follows:
Those voting for .Mr. Haynes were Messrs.:
Cochran Davis of Mitchell Mardre
Mattox Osteen Sutton
Weeks Wilson
Those voting for Mr. Talmadge were Messrs.:
Adams Alexander Almand
Andrews Arnold Arrington
Atwood Awtrey Bargeron
WEDNESDAY, JuNEl24, 1931.
23
Barrett Beaman Bean Beasley Bennett of Bacon Bennett of Jeff Davis Bland Brannen Brown Brunson Bunn Burton Carlisle of Bibb Carlisle of Grady Cartledge Chalker Chambers Childs Clark Clements of Marion Colson Courson Cowart Cozart Crawford Crowe Cullens Culpepper of Echols Culpepper of Fayette Davis of Floyd Davis of Jackson Davis of Troup Dixon Donaldson Dorsett Duncan Dykes Eckford Edmondson Edwards of Gilmer Edwards of Lowndes Edwards of Stephens Elliott Evans Fagan Franklin
Fraser
Lewis of Gordon
Freeman
Lewis of Hancock
Gary
Lindsay
Graham
Lord
Grayson
McElreath
Greer
McGehee
Griffeth
McKoy
Griffin of Decatur
McWhorter
Griffin of Wilkes
Mallard
Gullatt
Mercer
Hampton
Meredith
Hardin
Mixon
Harris
Montgomery
Harrison of Camden Mooty
Harrison of Jenkins Morris
Hatcher
Moye
Hawes
Mundy
Hodges
Musgrove
Holt
Myrick
Horne
Nelson of Laurens
Howard of Chatt'h'chee Oliver
Howard of Long
Osteen
Hubbard of Habersham Pace
Hubbard of Wilkinson Park
Hutcheson
Patten
Hyman
Paulk
Irvin
Pittard
James
Pope
Johnson of Montgomery Powell
Johnson of Pike
Preston
Johnston
Purdy
Jones of Burke
Purvis
Jones of Lumpkin
Rabun
Jones of Paulding
Rirers
Kennedy
Roberts
Key
Robertson
Killebrew
Ross of Appling
Kimbrough
Ross of Dodge
Kimsey
Rosser
King of Clay
Sammon
King of Newton
Scarbrough
Lance
Seckinger
Lanham
Sharpe
Lanier
Shirley
Leathers
Simmons
Lester
Sisk
24
JouRNAL OF THE HousE,
Skelton
Thomas
Spive:v
Thomoson
Stanton
Thompson
Stewart
Tippins
Still
Townsend
Stone
Trapnell
Strickland of Douglas Trotter
Strickland of Haralson Turner
Swain
Walker of Ben Hill
Tate
Walker of Brooks
Walker of Morgan Walker of Screven Wall Westbrook Whittle Wilkes Williams Wood Yawn
Haynes .................................8
Talmadge ............................. 175
By unanimous consent, the verification of the roll call was dispensed with.
Upon consolidating the votes cast it was found that Mr. Haynes had received 8 votes, and Mr. Talmadge 175 votes.
Mr. Talmadge having received a majority of all the votes cast was declared elected Doorkeeper of the House for the ensuing term of two years.
The following resolution of the Senate was read and adopted:
By Mr. Clements of the 45th District and others-
Senate Resolution No. 3. A resolution providing for a joint session of the General Assembly on Thursday, June 25th.
The following resolution of the House was read:
By Messrs. Tucker of Berrien and Nelson of Cook-
House Resolution No. 5. A resolution that the House adopt the rules of the House of 1929 during the sessions of 1931-1932.
WEDNESDAY, JuNE 24, 1931.
25
The following substitute was read and adopted:
By Messrs. Myrick of Chatham and Culpepper of Fayette-
Be it resolved that the House adopt the rules of the House of 1929 and 1930 for procedure until Tuesday, June 30, 1931.
The resolution was adopted by substitute.
Mr. Lewis of Hancock moved that the House do now adjourn, and the motion prevailed.
Leave of absence was granted to Messrs. Huddleston of Meriwether and Maynard of Sumter.
The Speaker announced the House adjourned until tomorrow morning, at 10:00 o'clock.
26
JouRNAL OF THE HousE,
REPRESENTATIVE HALL, ATLANTA, GA.,
THURSDAY, JUNE 25, 1931.
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 Rev. W. D. Hammack
of Randolph.
The Speaker announced the appointment of Rev. W. D. Hammack of Randolph as the Chaplain of the House for the ensuing term of two years.
The roll was called and the following members answered to their names:
Adams Alexander Allen Almand Andrews Arnold Arrington Ashley Atwood Awtrey Bargeron Barrett Battle Beaman Bean Beasley Bennett of Bacon Bennett of Jeff Davis Bland Brannen Brown Brunson Bunn Burton Bush Cain Cannon
Carlisle of Bibb Carlisle of Grady Cartledge Chalker Chambers Childs Clark Clements of Marion Clements of Telfair Cochran Collier Colson Courson Cowart Cozart Crawford Crowe Cullens Culpepper of Echols Culpepper of Fayette Davis of Floyd Davis of Jackson Davis of Mitchell Davis of Troup Dixon Donaldson Dorsett
Duncan Dykes Eckford Edmondson Edwards of Gilmer Edwards of Lowndes Edwards of Stephens Elliott Evans Fagan Franklin Fraser Freeman Gary
Gillen Graham Grayson Green Greer Griffeth Griffin of Decatur Griffin of Wilkes Gullatt Hampton Hardin Harris Harrison of Camden
THURSDAY, JUNE 25, 1931.
27
Harrison of Jenkins McRae
Hatcher
McWhorter
Hawes
Mallard
Hodges
Mardre
Holt
Mattox
Horne
Mercer
Howard of Chatt'h'chee Meredith
Howard of Long
Mixon
Hubbard of Habersham Montgomery
Hubbard of Wilkinson Mooty
Hutcheson
Morris
Hyman
Moye
Irvin
Mundy
James
Musgrove
Johnson of Montgomery Myrick
Johnson of Pike
Nelson of Cook
Johnson of Seminole Nelson of Laurens
Johnston
Oliver
Jones of Burke
Osteen
Jones of Lumpkin
Pace
Jones of Paulding
Parham
Kennedy
Park
Key
Patten
Killebrew
Paulk
Kimbrough
Peebles
Kimsey
Phillips
King of Clay
Pittard
King of Newton
Pope
Lance
Powell
Lanham
Preston
Lanier
Purdy
Leathers
Purvis
Lester
Rabun
Lewis of Gordon
Rivers
Lewis of Hancock
Roberts
Lindsay
Robertson
Logan
Ross of Appling
Lord
Ross of Dodge
McElreath
Rosser
McGehee
Sammon
McKoy
Scarbrough
't!cLeod
Seckinger Sharpe Shirley Simmons Sims Sisk Skelton Spivey Stanton Stewart Sti,l) Stone Strickland of Douglas Strickland of Haralson Sutton Swain Tate Taylor Thomas Thomoson Thompson Tippins Townsend Trapnell Trotter Turner Waldrop Walker of Ben Hill Walker of Brooks Walker of Morgan Walker of Screven Wall Weeks Westbrook Whittle Wilkes Williams Wilson Wood Yawn Mr. Speaker
:\Ir. Hardin of Whitfield, Chairman of the Committee
on Journals, reported that the Journal of yesterday's
proceedings had been read and found correct.
28
JouRNAL OF THE HousE,
By unanimous consent, the reading of the Journal of yesterday's proceedings was dispensed with.
The Journal was confirmed.
The following resolution of the House was read and adopted:
By l\1essrs. Beasley of Tattnall and Thomas of Wayne-
House Resolution No. 6. A resolution permitting certain members of the House, impaired insenses of hearing and sight, to choose seats near the Speaker's stand.
Members of the House drew their seats under the provisions of Rule 200.
The following resolution of the Senate was read and adopted:
By l\Jr. Stark of the 43rd District and others-
Senate Resolution No. 3. A resolution for a committee to arrange for the inauguration ceremonies of the Governor on June 27, 1931.
The Speaker appointed the following members of the House as a committee on the part of the House:
Messrs. Grayson of Chatham, Beasley of Tattnall, Cochran of Thomas.
The Speaker announced the appointment of Mrs. J. W. Johnson of Washington as Postmistress of the House.
The following resolution of the Senate was read and adopted:
THURSDAY, JuNE 25, 1931.
29
ByiMessrs. McWhorter of the 50th District and Harris of the 18th District-
Senate Resolution No. 6. A resolution for a joint session of the General Assembly on June 26th, and for a committee to serve as an escort for the Governor.
The Speaker appointed the following mem hers of the House as a committee on the part of the House:
1\fessrs. Lord of Jackson, Yawn of Dodge, Jones of Burke, Duncan of Houston,
Hatcher of Johnson.
Mr. Grayson of Chatham, Chairman of the committee to arrange for an Inaugural Program, submitted the following report:
Mr. Speaker:
Your committee on arrangements for the inauguration of the Governor-elect has met with a similar committee from the Senate, and beg to make the following report:
\Ye recommend that a program, a copy of which follows, be adopted as a program for the inauguration.
PROGRAM INAUGURATION OF GOVERNOR-ELECT RICHARD B. RUSSELL, JR.
JUNE 27, 1931,
Eleven o'clock, A. M.
Presiding Officer, Hon. W. Cecil Neill, President, Georgia State Senate. Accompanied by Hon. Arlie D. Tucker, Speaker of the House.
30
JouRNAL OF THE HousE,
1. National Anthem by 122nd Infantry Band. 2. Prayer: Reverend Taylor Morton of LaFayette, Ga. 3. Reading Resolutions. 4. Oath of Office, administered by Chief Justice R. Bu
Russell, Supreme Court of Georgia. 5. Receive Seal from Secretary of State George H. Cars-
well. 6. Administering oath by Governor Russell to Hon.
John B. Wilson, Secretary of State-elect. 7. Delivery of Seal by Governor Russell to Secretary of
State, John B. Wilson. 8. Address by Gqvernor Russell.
Respectfully submitted,
Committee on the Part of the House:
GRAYSON of Chatham,
BEASLEY of Tattnall,
CocHRAN of Thomas. Committee on the Part of the Senate:
MooRE of the 47th District, PETERSOK of the 15th District.
The report of the committee to arrange an Inaugural Program was adopted.
The hour of convening the joint session of the House and Senate having arrived, the Senate appeared upon the floor of the House, and the joint session, convened for the purpose of counting and consolidating the vote and declaring the result thereof for Governor and State House officers, was called to order by Hon. W. Cecil Neill, President of the Senate.
THURSDAY, JuNE 25, 1931.
31'
Senator West of the 11th District moved that the President appoint a committee of five as tellers to count, consolidate and declare the vote for Governor and State House officers, and the motion prevailed.
The President appointed as tellers, Messrs. West of the 11th District and Lankford of the 22nd District, on the part of the Senate and :Messrs. Crawford of Floyd, Fagan of Peach, and Alexander of Chatham on the part of the House.
The tellers submitted the following report:
June 25, 1931.
To the General Assem/;~y of Geor~ia in Joint Session:
VVe, your tellers, appointed to canvass the vote for Governor and State House officers, as required by the Constitution, beg leave to submit the following report:
For Governor-Richard B. Russell, J r.-56,462 votes,
Secretary of State~John B. Wilson-56,393 votes,
Comptroller-General-William B. Harrison-56,409 votes,
Treasurer-William A. Speer-56,428 votes,
Attorney-General-George M. N apier-56,387 votes.
Respectfully submitted,
On part of the Senate:
On part of the House:
WEsT of the 11th District.
LANGFORD of the 22nd District.
CRAWFORD of Floyd, FAGAN of Peach, ALEXANDER of Chatham.
The report of the committee was adopted.
32
JouRNAL oF THE HousE,
The President of the Senate declared the result of the canvass of the votes for Governor and State House officers.
Mr. Harris of the 18th District moved that the joint session of the General Assembly do now dissolve, and the motion prevailed.
The House was called to order by the Speaker.
Mr. Rosser of Walker moved that the House do now adjourn, and the motion prevailed.
Leave of absence was granted to Messrs. Ross of Dodge and Mallard of Charlton.
The Speaker announced the House adjourned until tomorrow morning, at 10:00 o'clock.
FRIDAY, JuNE 26, 1931.
33
REPRESENTATIVE HALL, ATLA:\TA, GA.,
FRIDAY, JuNE 26, 1931.
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.
Messrs. Huddleston of Meriwether and Davis of Floyd came forward to the bar of the House and took the oath of office, which was administered by the Hon. Warner Hill, Associate Justice of the Supreme Court of Georgia.
Mr. Rosser of Walker moved that the call of the roll be dispensed with, and the motion prevaile:i.
. The call of the roll was dispensed with.
Mr. Hardin of Whitfield, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings 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 resolutions of the House were read and adopted:
By Mr. Grayson of Chatham and othersHouse Resolution No. 7. A resolution for a Joint ses-
sion of the General Assembly on Saturday, June 27, 19:3b for the purpose of inaugurating Hon. R. B. Russell, Jr.> as Governor of Georgia.
By l\ir. Stewart of Coffee and othersHouse Resolution No. 8. A resolution providing that
the Standing Committee of the House on Legislative and
34
JouRNAL OF THE HousE,
Congressional Reapportionment shall be composed of three members from each Congressional District.
The following resolution of the House was read and ordered to lie on the table one day:
By ~1essrs. Arnold and Wood of Clarke, and others-
House Resolution No. 9. A resolution requesting certain information from the Department of Banking.
Cnder the call of the roll of counties, the following bills and resolutions of the House were introduced, read the first time, and referred to the committees:
By :\Ir. Ross of Appling and others-
House Bill No. 1. A bill to create a Text Book Commission, and for other purposes.
Referred to Committee on Education.
By Messrs. Howard of Long and Bennett of Bacon-
House Bill No. 2. A bill to amend the Constitution to permit those paying poll taxes to register and vote, and for other purposes.
Referred to Committee on Amendments to Constitution.
By :Messrs. Allen of Baldwin and Battle of :\1uscogeeHouse Bill :'IJ"o. :~. :\ bill to authorize the Governor to
discount the \\~estern & :\tlantic Railroad rentals for a period of ten years, and for other purposes.
Referred to Committee on \Vays and :\/leans.
By Mr. Tucker of Berrien-
House Bill No. 4. A bill to abolish the City Court of :!'\ashville.
Referred to Committee on Counties and County ~latters.
FRIDAY, JUNE 26, 1931.
35
By Mr. Tucker of Berrien-
House Bill No. 5. A bill to abolish the offices of Tax Collector and Tax Receiver of Berrien County.
Referred to Committee on Counties and County Matters.
By Mr. Thomas of Wayne-
House Bill No. 6. A bill to abolish the offices of Tax Receiver and Tax Collector of Wayne County.
Referred to Committee on Counties and County Matters.
By Messrs. Gillen of Bibb, Beaman of DeKalb, and others-
House Bill N:1. 7. A bill to regulate the practice of law, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Messrs. Gillen of Bibb, Beaman of DeKalb, and others~ House Bill ~o. 8. A bill to regulate the admission to
the practice of law in this State, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By :Mr. Stanton of Ware-
House Bill Ko. 9. A bill to amend an Act regulating the practice of professional nursing, and for other purposes.
Referred to Committee on Hygiene and Sanitation.
By Messrs. Hutcheson and Rosser of Walker-
House Bill ~o. 10. .\ bill to amend the Code relative to taxes for county purposes in certain counties, and for other purposes.
Referred to Committee on General Judiciary No. 1.
36
Joui.NAL OF THE HousE,
By Mr. Carlisle of Bibb-
House Bill No. 11. A bill to amend the Code so as to eliminate the inequalities in the inheritance tax laws, and for other purposes.
Referred to Committee on General Judiciary No.2.
By Mr. Dorsett of Carroll-
House Bill ~o. 12. A bill to provide for the sale and disposition ot the \Vestern & Atlantic Railroad, and for other purposes.
Referred to Committee on \Vays and :\:Jeans.
By :.\Ir. Pope of Toombs and others-
House Bill No. 13. A bill to amend the Constitution to entitle persons upon payment of poll tax to register and qualif~ as electors, and for other purposes.
Referred to Committee on :\mendments to the Constitution.
By i\Ir..-\lexander of Chatham-
House Bill No. B. A bill to protect owners, contractors, laborers and materialmen, to be known as the :\fechanics Lien Law, and for other purposes.
Referred to Committee on General Judiciary No.2.
By 'Messrs. Alexander, Grayson, and Myrick of Chatham-
House Bill No. 15. A bill to divide the State into ten Congressional Districts, and for other purposes.
Referred to Committee on Congressional and Legislative Reapportionment.
FRIDAY, JuNE 26, 1931.
37
By l\Ir. Grayson of Chatham-
House Bill No. 16. A bill to amend the Code relative to sentencing of convicts.
Referred to Committee on General Judiciary No.2.
By ~Ir. Stewart of Coffee-
House Bill N"o. 17. A bill to provide for a system of eradicating Hog Cholera and other swine diseases, and for other purposes.
Referred to Committee on General Agriculture No. 1.
By l\Iessrs. Lanier, Lester, and Cartledge of Richmond, and others-
House Bill No. 18. A bill to amend the Constitution relative to classification of intangible property for taxation.
Referred to Committee on Amendments to the Constitution.
Bv .:\Iessrs. Hutcheson and Rosser of \Valker and Town. send of Dade-
House Bill No. 19. A bill to appropriate S3,000.00 to provide free tuition for the children of soldiers of the World War.
Referred to Committee on Appropriations.
By :Mr. Beaman of DeKalb-
House Bill ?\To. 20. A bill to provide for a Constitutional Convention, and for other purposes.
Referred to Ccmmittee on Amendments to the Constitution.
38
JouRNAL OF THE HousE,
By Mr. Gillen of Bibb and others-
House Bill No. 21. A bill to prohibit the use of court house building other than for public, political and charitable purposes in certain counties.
Referred to Committee on Counties and County Matters.
By lVIr. Franklin of Butts-
House Bill No. 22. A bill to regulate and control the sale of milk, and for other purposes.
Referred to Committee on General Agriculture No. 1.
By Mr. Scarbrough of Polk-
House Bill No. 23. A bill to amend an Act creating the City Court of Polk County.
Referred to Committee on Counties and County Matters.
By Mr. Scarbrough of Polk-
House Bill No. 24. A bill to amend an Act creating City Court of Polk County.
Referred to Committee on Counties and County Matters.
By Mr. Fagan of Peach and olhers-
House Bill No. 25. A bill to prevent any municipality from selling or disposing of its power plant for a period of longer than 20 years.
Referred to Committee on :\'lunicipal Government.
By Messrs. Lanier, Lester, and Cartledge of Richmond, and Stone of Early-
House Bill No. 26. A bill to prohibit members of the General Assembly from being employed by any Department of State Government.
Referred to Committee on State of the Republic.
FRIDAY, JUNE 26, 1931.
39
By Mr. Wilson of Murray-
House Bill No. 27. A bill to abolish the office of Commissioner of Roads and Revenues of Murray County.
Referred to Committee on Counties and County Matters'
By Mr. Wilson of 1\~Iurray-
House Bill No. 28. :\ bill to create a Board of Commissioners of Roads and Revenues for County of Murray.
Referred to Committee on Counties and County Matters.
By Messrs. Crawford, Davis, and Lanham of Floyd-
House Bill No. 29. A bill to create a State Highway Patrol, and for other purposes.
Referred to Committee on Public Highways.
By Messrs. Crawford, Davis, and Lanham of Floyd-
House Resolution ~o. 10-29a. A resolution to investigate methods used in adding new names to pension rcll, and for other purposes.
Referred to Committee on Pensions.
By :\Jr. iVIallard of Charlton-
House Bill No. 30. A bill to amend the School Code so as to p~rmit residents of Independent School Districts to vote for County School Superintendent.
Referred to Committee on Education.
By Mr. Brown of GreeneHouse Bill ~o. 31. A bill to punish the breach of a farm
labor contract, and for other purposes.
Referred to Committee on General Judiciary No. 2.
40
JouRNAL oF THE HousE,
By Messrs. Beaman, Leathers, and Lindsay of DeKalb, and Brown of Greene.
House Bill No. 32. A bill to provide for the manner in which tax fi. fas. shall be issued by tax collectors, and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Mr. Sims of Lincoln-
House Bill No. 33. A bill to amend the Constitution relative to the payment of pensions.
Referred to Committee on Amendments to the Constitution.
By Mr. Duncan of Houston-
House Bill No. 34. A bill to amend the Code relative to the qualification of voters.
Referred to Committee on Amendments to the Constitution.
By Mr. Duncan of Houston-
House Bill No. 35. A bill to amend the Constitution so as to permit a person to register and vote upon payment of poll tax.
Referred to Committee on Amendments to the Constitution.
By l\lr. Strickland of Haralson-
House Bill No. 36. A bill to amend the Penal Code of Georgia relative to trespass, and for other purposes.
Referred to Committee on General Judiciary ~o. 2.
FRIDAY, JuNE 26, 1931.
41
By lVIr. Lewis of Hancock-
House Bill No. 37. A bill to amend the Constitution relative to permitting counties to levy a tax for home economics workers.
Referred to Committee on Amendments to the Constitution.
By l\.fr. Key of Jasper-
House Bill No. 38. A bill to repeal an Act regulating the grading of peaches and apples in closed packages.
Referred to Committee on General Agriculture No. 1.
By Mr. Fagan of Peach-
House Bill No. 39. A bill to fix the salary of SolicitorGeneral of Macon Judicial Circuit to be paid by Peach County.
Referred to Committee on Counties and County Matters.
By Messrs. Beaman, Leathers, and Lindsay of DeKalb, and others-
House Bill No. 40. A bill to amend an Act providing fer the registration of land titles, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Townsend of DadeHouse Bill No. 41. A bill to amend the charter of the
Town of Trenton.
Referred to Committee on Municipal Government.
The following communication was received from his Excellency, the Governor:
42
JouRNAL oF THE HousE,
June 25, 1931.
REPORT OF CLEMENCY CASES
To the General .1ssembly of Georgia:
I hand you herewith report, as required by the Constitution of Georgia, showing action taken by me in all clemency matters, including reprieves, probations, paroles, commutations and pardons granted since July 1, 1929.
Respectfully submitted,
L. G. HARDMAN,
Governor.
RESPITES.
ALVIN E. MERRITT: Fulton County; further time needed by the Prison Commission to give this case full consideration; respited for a period of ten days.
FLEMING REED: Clarke County; Prison Commission requests respite in order that additional material facts may be presented in behalf of this applicant; respited for a period of thirty days ending September 20, 1929.
JOHN ELLEN: Floyd County; insufficient time for the Prison Commission to consider application for commutation; respited for a period of thirty-three days ending January 21, 1930.
WEYMAN BRADBERRY: Oconee County; respite requested by Prison Commission in order that application might be fully considered; respited for a period of thirty days expiring October 11, 1930.
HARVEY BRADBERRY: Oconee County; respite requested by Prison Commission in order that application might be fully considered; respited for a period of thirty days expiring October 11, 1930.
FRIDAY, JuNE 26, 1931.
43
ANTHONY WILLIAMS: Burke County; the SolicitorGeneral states that he has not had time to prepare a counter showing in behalf of the State; respited for a period of thirty days ending October 10, 1930.
COMMUTATIONS: All commutations were recommended by the Prison Commission, except where stated.
ED BROOKS: Forsyth Superior Court; August 1910 term; murder; life; poor physical condition and length of service; recommended by jurors, grand jurors, trial judge and solicitor-general; commuted July 11, 1929.
JOE SYMS: Chatham Superior Court; December term 1926; robbery; 4 to 7 years; recommended by trial judge and solicitor-general; commuted July 11, 1929.
RUFUS WYNNE: Monroe Superior Court; November term 1928; burglary; 10 years; the record fails to disclose an intent to commit burglary under the affidavits, and the trial judge recommends clemency; commuted July 11, 1929.
LESTER CHAUNCEY: Clinch Superior Court; October 1928 term; murder; death; low mental state; recommended by the trial judge, the presiding judge, jurors, county officials, Board of Education and many citizens; commuted July 22, 1929.
GEORGE FICKLING: Chatham Superior Court; July 1927 term; murder; death; evidence shows that the defendant was badly beaten and abused by the deceased; recommended by three justices of the Supreme Court, the solicitor-general and a number of officers and citizens; commuted August 5, 1929.
RALPH FINDLEY: Fulton Superior Court; May term 1925; voluntary manslaughter; 12 to 20 years; recommended by a number of people including a majority of the trial jury; commuted August 16, 1929.
44
Jm:RNAL OF THE HousE,
COMER C. CONGER: Henry County Court; May 1929 .term; selling liquor; 8100.00 and 12 months; recommended by trial judge and solicitor; commuted September 12, 1929.
WALLIS HIXON: Richmond County City Court; April term 1924; 6 misdemeanors and 1 felony; 12 months in each misdemeanor and 3 to 4 years felony; recommended by county warden, solicitor-general, jurors, solicitor of City Court of Augusta. The prisoner was very young at the time; commuted September 12, 1929.
ANGUS GHANT: Richmond County City Court; _-\pril term 1924; 6 misdemeanors and 1 felony; 12 months in each misdemeanor and 3 to 4 years felony; recommended by county warden, solicitor-general, jurors, solicitor of City Court of Augusta; commuted September 12, 1929.
H. A. GRUBBS: Fulton County Superior Court; rape; 5 to 10 years; recommended by the grandfather of the girl on whom the assault was made, by the solicitor-general and trial judge, the physical condition of the applicant, together with the re.commendation of 11 of the jurors; commuted September 26, 1929.
J. C. HARRIS: Mitchell County Superior Court; aiding escape; October term 1928; 1 year; young boy with good prison record; has served over half of his sentence; commuted September 26, 1929.
PAUL LANIER: Lowndes County Superior Court; May term 1927; simple larceny and forgery; 1 year, 1 year and 3 years; letter of solicitor-general and affidavits of persons whose names were signed by prisoner to checks; commuted September 28, 1929.
EMMETT GOOCH: Macon County Superior Court; May term 1928; manufacturing whiskey; 1 to 3 years; service of misdemeanor sentence of six months and good prison record; commuted September 30, 1929.
FLEMING REED: Clarke County Superior Court; January term 1929; murder; death; evidence shows that the
FRIDAY, JuNE 26, 1931.
45
death of deceased was caused by a fight with defendant; recommended by jurors, a large number of members of the Athens bar and three justices of the Supreme Court; commuted to life imprisonment October 9, 1929.
M. C. STANDRIDGE: Fulton Superior Court; March term 1927; larceny of auto; 1 to 3 and 1 to 5 years; served minimum sentence with good prison record; recommended by trial judge; commuted to present service October 10, 1929.
ELBERT WADE: Morgan County Superior Court; December term 1928; transporting liquor; 12 months or 6 months and S200.00; recommended by Judge Park and Solicitor-General Duke; commuted October 10, 1929.
WALTER JACKSON: Clarke County Superior Court; January term 1928;_larceny from house; 2 to 3 years; letter of prosecutrix indicates a very weak case; a good record for 20 months of two year sentence; commuted October 10, 1929.
W. M. SMITH: Heard Superior Court; September term 1928; murder; death; change of circumstances since the trial set forth in numerous affidavits -found in record, to which reference is made; commuted October 22, 1929.
JACK S. CARROLL: Fulton County Superior Court; May term 1926; larceny of auto (2 cases); 2 to 5 years and 2 to 5 years; recommended by county physician and the solicitor-general; commuted October 26, 1929.
WASH BROWN: Monroe Superior Court; August term 1928; murder; death; recommended by jurors, court officials, and there are impeaching affidavits as to State's eye witnesses; commuted October 29, 1929.
ED ADKINS: Fulton County Superior Court; March term 1926; larceny from house; 5 to 7 years; good service record over two years and a half; recommended by the prosecutor, solicitor-general and trial judge; commuted October 31, 1929.
46
JouRNAL OF THE HousE,
H. C. SLAGLE: Gordon County Superior Court; February 1929 term; stabbing; 6 months; recommended by the solicitor-general, prosecutor, county officials, the trial jury and others; commuted October 25, 1929.
J. S. BROWN: Clayton County Superior Court; August term 1927; violating Sunday law; fine $500.00; recommended by a large number of citizens, including town officials, members of the Board of County Commissioners, Senators and Representatives now in office, newspaper editor, county officials and others.
J. R. STEELE: Fulton County Superior Court; November term 1924; robbery; 5 to 8 years; long service with good record and clemency unopposed by judge or solicitorgeneral; commuted November 7, 1929.
TOM TOWLER: Walton County Superior Court; possessing whiskey; $300.00 and costs and 6 months suspended sentence; recommended by trial judge, solicitorgeneral, county officers and others, and the payment of fine of S300.00 previously made; commuted November 9, 1929.
JESSE MORRIS: Fulton County Superior Court; May term 1927; burglary; 1 to 5 years and 1 to 5 years; bad physical condition due to injury received in service; commuted November 21, 1929.
LEE KNIGHTON: Randolph County Superior Court; November term 1928; simple larceny; 12 months or S500.00; recommended by the judge; commuted December 4, 1929.
BILL DORMINY: Irwin County Superior Court; simple larceny; February term 1929; 1 to 2 years; clemency recommended by prosecutor and destitute condition of family; commuted December 19, 1929.
ROY SPELLS: Clinch County Superior Court; October term; riot; 12 months; youth of applicant and clemency recommended by trial judge and solicitor-general; commuted December 23, 1929.
FRIDAY, JuNE 26, 1931.
47
LEO HENDERSON: Fulton County Superior Court; February term 1927; larceny of auto; 2 to 4 years; very poor physical condition and recommendations in file; commuted January 30, 1930.
JAMES DUDLEY, ALIAS JOE DUDLEY: Fulton County Superior Court; March term 1929; misdemeanor and burglary; 12 months and 1 to 5 years; extreme youth of the boy and strongly recommended by the trial judge; commuted January 30, 1930.
BEN BAITY: Heard County Superior Court; August term 1929; misdemeanor; S200.00 or 12 months; recommended by the judge, solicitor, and county officials; commuted January 30, 1930.
HARRISON HELMS: Pike County Superior Court; rape; 7 to 12 years; recommended by the trial judge and jurors; commuted February 6, 1930.
J. R. J. DREW: Webster County Superior Court; having whiskey; October term 1929; 12 months; extreme age of the prisoner, his good record and many endorsements for clemency; commuted February 6, 1930.
CHARLIE WITHROW: Dawson County Superior Court; March term 1928; assault to murder; 2 to 5 years; recommended by trial judge, solicitor-general, county officials and others; commuted February 13, 1930.
EARL BARFIELD: Bibb County Superior Court; January term 1928; forgery; 2 to 3 years; youth of prisoner; clemency recommended by solicitor-general; commuted February 13, 1930.
JIM GRIFFIN: Warren County Superior Court; April term 1927; manslaughter; 6 to 10 years; recommended by the trial judge and solicitor-general; commuted February 13, 1930.
ELMORE JACKSON, ALIAS MARVIN DAVIS; JACK CORBETT, ALIAS WALTER DAVIS: Chatham County
48
JouRNAL oF THE HousE,
Superior Court; June term 1928; burglary; 2 to 3 years; extreme youth of the prisoners and good prison record for large portion of minimum sentence; commuted February 13, 1930.
JOE ROBINSON: Walker County Superior Court; August 1929 term; possessing liquor; 8 months; recommended by trial jurors and county officials and the letter of solicitor-general amounts to a recommendation; commuted February 19, 1930.
GEORGE WIMBISH, ALIAS H. C. GRANT, ALIAS H. E. HARTMAN: Fulton County Superior Court; May term 1923 and July term 1923; felony and larceny of an automobile; recommended by the trial judge; commuted March 5, 1930.
F. M. JARRARD, JR.: Fulton County Superior Court; May term 1928; larceny of an automobile; 13{ to3yearsand 1 to 3 years; clemency favored by trial judge; commuted March 6, 1930.
IRWIN KILGORE: Walton County Superior Court; August term 1929; burglary; 1 year; extreme youth; recommendation of citizens, prosecutor, trial judge and solicitorgeneral; commuted March 6, 1930.
GENE OLIVER: Gwinnett County Superior Court; December 1928 term; larceny of automobile; 2 to 3 years; recommended by prosecutor, trial judge and solicitorgeneral; commuted March 5, 1930.
Z. W. DAVIS: Bibb County Superior Court; April term 1929; arson; 2 years; recommended by trial judge and solicitor-general; commuted March 7, 1930.
CORINE BAILEY: Washington County Superior Court; September term 1928; voluntary manslaughter; 3 to 4 years; recommended by judge and solicitor-general; commuted March 20, 1930.
.
FRIDAY, JuNE 26, 1931.
49
THEODORE MATHIS: Worth County Superior Court; July term 1924; burglary; 5 to 15 years; 5 to 15 years; 5 to 15 years; recommended by probation officer of Worth County, solicitor-general and trial judge; commuted April 8, 1930.
L. M. KIDWELL: Bartow County Superior Court; July adjourned term 1928; larceny of auto; 3 years; recommended by prosecutor, judge, solicitor-general, and his physical condition is very bad; commuted April 21, 1930.
ROBERT D. BOWEN: Bartow Superior Court; July adjourned term 1928; larceny of auto; 3 years; recommended by prosecutor, judge, solicitor-general, and his physical condition is very bad; commuted April 21, 1930.
SAM SHINHOLSTER: Emanuel Superior Court; Octaber term 1927; burglary; 4 to 7 years; recommended by judge and solicitor-general; commuted May 1, 1930.
HARREL RICE: LaGrange City Court; April term 1930; misdemeanor; $40.00 or 2 months; has served practically half of his time and is very young, and the payment of the fine on a prorated basis would seem to meet the ends of justice; commuted April30, 1930.
Z. B. PATTERSON: Fulton County Superior Court; March term 1915; burglary; extremely poor physical condition as certified to by Dr. J. W. Mobley, physician to the State Farm; commuted May 1, 1930.
RAY V. MILLER: Carroll County Superior Court; July adjourned term 1929; involuntary manslaughter; 1 to 3 years; recommended by trial judge and solicitorgeneral; commuted May 1, 1930.
J. C. MILLER: Carroll County Superior Court; July Adj. term 1929; involuntary manslaughter; 1 to 3 years; recommended by trial judge and solicitor-general; commuted May 1, 1930.
JOHN HENRY SMITH: Thomas County Superior Court; April term 1929; burglary; misdemeanor and burg-
50
JouRNAL or THE HousE,
lary; 2 to 3 years; 12 months and 1 to 3 years; recommended by trial judge; commuted May 1, 1930.
HENRY BISHOP: Thomas County Superior Court; April term 1929; burglary; misdemeanor and burglary; 2 to 3 years; 12 months; and 1 to 3 years; recommended by trial judge; commuted May 1, 1930.
GUY BOOZER: Fulton County Superior Court; September term 1927; larceny of automobile (3 cases); 1 to 5 years; 1 to 5 years; and 1 to 5 years; his youth; low mentality, recommended by officials including Solicitor-General John A. Boykin; commuted l\'lay 1, 1930..
JOHN ANGLIN: Milton County Superior Court; March term 1930; misdemeanor on account of physical condition; commuted on additional payment of fine; comm~t~d May 17, 1930. Not recommended by Prison CommiSSion.
GEORGE HESTER: City Court of Athens; February term 1930; bastardy; fine of 8300.00 or 12 months; the trial judge, solicitor-general and prosecuting attorney recommend that his sentence be commuted upon the payment of $200.00 and court costs; commuted May 30, 1930. Not recommended by the Prison Commission.
JOHN HUMPHRIES: Decatur City Court; January term 1926; 12 months; violating prohibition law; 12 months; recommended by county officials, the solicitor of the City Court of Decatur and the present judge of the City Court; commuted June 13, 1930.
BILL GILPHIN: LaGrange City Court; March term 1930; assault and battery and drunk of public road; fine of $75.00 or 9 months; recommended by trial judge and solicitor; commuted June 19,1930.
0. L. WEBB: Coffee County Superior Court; March adjourned term 1927; rape; 20 years; recommended by a large number of citizens and officials including some of the grand jurors and trial jurors; commuted June 19, 1930.
FRIDAY, JuNE 26, 1931.
51
RUSSELL ANDREWS: Fulton County Superior Court; September term 1929; misdemeanor; 12 months; very poor physical condition; commuted July 8, 1930.
J. W. WATERS: Bibb County Superior Court; April term 1929; burglary and misdemeanor; 1 year and 1 year and 6 months; recommended by trial judge and solicitorgeneral; commuted to present service July 8, 1930.
ERNEST SMITH: Polk County Superior Court; September term 1929; aiding escape; has served the major portion of his minimum sentence with good record; commuted July 11, 1930.
LEROY SMITH: Fulton County Superior Court; May term 1927; misdemeanor and burglary; 24 months; 6 months; 6 to 10 years; recommended by the trial judge; commuted July 17, 1930.
CHESTER F. WILLIAMS: Fulton County Superior Court; l\Iarch term 1928; larceny of auto; 5 years; recommended by the trial judge; commuted July 25, 1930.
DANIEL WADE: Richmond County Superior Court; January term 1929; robbery; youth of defendant; recom-
mended by trial judge and solicitor-general; commuted
July 28, 1930.
JASPER KIND: Irwin County Superior Court; April term 1926; voluntary manslaughter; 15 to 20 years; very poor physical condition; recommended by the trial judge, solicitor-general, county physician, warden, county commissioners and county attorney; commuted July 30, 1930.
ROY McWHORTER: Fulton County Superior Court; May term 1925; robbery; 10 to 20 years; good service record and youth with an opportunity to get a new start in a good job offered him; commuted July 31, 1930.
GARNET WARE: Danielsville City Court; January term 1930; simple larceny; 6 months in 2 cases; recommended by trial judge and solicitor; commuted August 1, 1930.
52
JouRNAL OF THE HousE,
WILLIE GLENN SPIGGINS, ALIAS WILLIE SPRAGGINS: Fulton County Superior Court; April term 1929; burglary; 12 months, 2 to 4 years and 2 to 3 years; commuted July 31, 1930; recommended by trial judge.
GEORGE (TED) TROUPE: Montgomery County Superior Court; February 1927 term; robbery; 5 to 10 years; recommended by trial judge, solicitor-general and others, including the prosecutor; commuted August 7, 1930.
J. W. LESTER: Stephens County Superior Court; January 1930 term; larceny of automobile; 2 to 3 years; recommended by prosecutor, trial judge and solicitorgeneral; commuted August 7, 1930.
ROBERT RICE: Stephens County Superior Court; January term 1930; larceny of automobile; 1 to 2 years; recommended by prosecutor, trial judge and solicitorgeneral; commuted August 7, 1930.
M. P. MOSELEY: Candler County Superior Court; August Adj. term 1928; voluntary manslaughter; 3 to 5 years; recommended by trial judge and county commission; commuted August 14, 1930.
MARION, ALIAS BUBBER BURKE: Putnam County Superior Court; March term 1926; escape; 12 months; extremely poor physical condition; recommended by the trial judge; commuted August 14, 1930.
BEN MOSELEY, JR.: Coweta County Superior Court; March term 1930; involuntary manslaughter; 12 months; recommended by a large number of prominent citizens and physicians; commuted August 21, 1930.
CHARLIE MOORE: Fulton County Superior Court;
September term 1926; robbery; 5 to 8 years; youth of ap-
plicant coupled with good prison record and recommended
by trial judge and solicitor-general; commuted August 28,
1930.
.
FRIDAY, JuNE 26, 1931.
53
CHARLES MELVILLE: Walker County Superior Court; February term 1930; burglary; 1 to 10 years; recommended by prosecutor and county officers; commuted August 28, 1930.
HOWARD NEWPORT: Walker County Superior Court; February term 1930; burglary; 1 to 10 years; clemency asked by prosecutor; county officers, and poor physical condition; commuted August 28, 1930.
HAROLD TERRELL: Fulton County Superior Court; spring term 1930; larceny of auto; 1 to 2 years; recommended by trial judge and other officials and on account of poor physical condition; commuted September 4, 1930.
T0:\-1 JOHNSON, ALIAS JUNIOR Si\HTH: Fulton County Superior Court; May term 1928; forgery; 2 to 3 years and 2 to 3 years; recommended by several citizens and trial judge and solicitor-general; commuted September 4, 1930.
WILL SMITH: Taylor County Superior Court; October term 1924; rape; 20 years; recommended by officials, trial judge and solicitor-general; commuted September 4, 1930.
JUDSON REAVES: Greenville City Court; January term 1930; possessing liquor; 12 months or S250.00; recommended by trial judge; commuted September 5, 1930.
ROSS PITTMA~: Echols County Superior Court; September term 1929; manslaughter; 3 years; age and physical condition; recommended by trial judge and many county officials; commuted September 16, 1930.
HERBERT STRICKLAND: \Vilcox County Superior Court; July term 1924; assault with intent to rape; 20 years; recommended by county officials and private citizens; commuted September 18, 1930.
BOYD SUBER: Colquitt County Superior Court; July adjourned term 1927; larceny; 3 years and 3 years; recommended by many citizens, county officials and solicitorgeneral; commuted October 2, 1930.
54
JouRNAL or THE HousE,
HEBER WILSON: Fulton County Superior Court; September term 1924; burglary; 10 to 40 years; extreme youth of applicant at time of conviction, good prison record; recommended by the trial judge and others; commuted October 2, 1930.
VAN DUKES: Newton County Superior Court; March term 1929; burglary and auto theft; 4 to 7 and 1 to 2 years; extreme youth of applicant, good service record; recommended by trial judge and solicitor; commuted October 9, 1930.
D. C. BAILEY: Newton County Superior Court; March term 1929; burglary and auto theft; 4 to 7 years and 1 to 2 years; extreme youth of applicant, good service record; recommended by trial judge and solicitor; commuted October 9, 1930.
El\:IMETT WILLIAMS: Newton County Superior Court; March term 1929; burglary and auto theft; 4 to 7 years and 1 to 2 years; extreme youth of applicant, good service record and recommended by trial judge and solicitor; commuted October 9, 1930.
CECIL FORBES, ALIAS CECIL GOODWIN: Fulton County Superior Court; May term 1928; larceny of auto; 3 to 5 years; extreme youth of applicant; good prison record; poor physical condition and low mentality; commuted October 9, 1930.
B. FARRARO AND V. FARRARO: Chatham Countv Superior Court; September term 1929; burglary; 1 yea;; they were sentenced September 24, 1929, but were held in Chatham County jail at the request of solicitor-general as witnesses until January 1, 1930; commuted October 9, 1930.
CAD SPELL: Bacon County Superior Court; November term 1929; manufacturing liquor; $150.00 or 12 months; recommended by trial judge, county officials, citizens and the solicitor-general; commuted October 1930.
FRIDAY, JuNE 26, 1931.
55
ANDREW SAMS: Newton County Superior Court; burglary; May term 1929; 3 to 7 years; extreme youth of applicant, good service record and recommendation by trial judge and solicitor; commuted October 16, 1930.
HARVEY TURNER: Newton County Superior Court; March term 1929; burglary; 4 to 7 years; extreme youth, good service record, and recommendation by trial judge and solicitor; commuted October 16, 1930.
ALBERT COOK: Bibb County Superior Court; April term 1928; assault to murder; 2 to 3 years; physical condition very poor, service record is very good; recommended by solicitor-general; commuted October 16, 1930.
HARVEY BRADBERRY AND WEYMAN BRADBERRY: Oconee County Superior Court; January term 1930; murder; death; youth of applicants, strong showing . as to sub-normal mentality; they were dominated by their brother-in-law, a mature man who planned and procured them to execute his plans; commuted October 27, 1930.
ABE NISSENBAUM: Fulton County Superior Court; January term 1928; felony; 4 to 6 years; recommended by the warden, solicitor-general and trial judge; commuted October 30, 1930.
BYRD WOODS: Colquitt County Superior Court; September term 1927; simple larceny; 2 to 2 and 2 to 2 years; recommended by large number of citizens, jurors, warden, guards and county officials; commuted November 6, 1930.
W. A. WILLIAMS, ALIAS C. C. HATCHER: Baldwin County Superior Court; July . term 1929; forgery; 3 years; poor physical condition; recommended by trialjudge; commuted November 6, 1930.
B. H. GAULDING: Mitchell County Superior Court; August term 1930; misdemeanor; 12 months; recommended by solicitor-general and trial judge; commuted November 13, 1930.
56
JouRNAL oF THE HousE,
ROBERT ROCKMORE: Fulton County Superior Court; March term 1924; rape; 20 years; numerous affidavits on file make it very doubtful th:~ t the defendant was ever guilty of the offense charged; commuted November 13, 1930.
CLIFFORD (J. C.) REESE: Fulton County Superior
Court; April term 1930; 12 months and 1 year; misdemeanor and larceny of auto; recommended by trial judge, coupled with good prison record; commuted November 13, 1930.
J. M. GREGORY: DeKalb County Superior Court; September term 1929; rape; 3 years; recommended by jurors, county officials and others; commuted November 20, 1930.
LUCIUS RAINES: Oglethorpe Superior Court; March term 1922; arson; 19 to 20 years; recommended by trial judge, solicitor-general and prosecutor; commuted December 4, 1930.
L. R. FUSSELL: Lamar County Superior Court; September adjourned term 1930; violating prohibition law; 12 months; recommended by trial judge on account of physical disability; commuted December 4, 1930.
LAWRENCE A. COCHRAN: Fulton County Superior Court; January term 1927; misdemeanor and forgery; 12 months, 12 months and 10 years; poor physical condition; recommended by trial judge; commuted December 4, 1930.
GREENE MOORE: Emanuel County Superior Court; October term 1929; manufacturing liquor; 1 to 2 years; recommended by trial judge, solicitor-general, jurors and citizens, including county officials; commuted December 11, 1930.
WILL PARKER: Fulton County Superior Court; May term 1928; voluntary manslaughter; 7 to 10 years; recommended by county physician; commuted December 15, 1930.
FRIDAY, JuNE 26, 1931.
57
LUKE DAY: Spalding County Superior Court; February term 1930; manufacturing liquor; 3 years; recommended by the trial judge; commuted December 16, 1930.
FRED SHORTMEIER: Chatham County Superior Court; December term 1926; accessory to assault to murder; 8 to 10 years; recommended by large number of citizens, including trial judge; commuted December 18, 1930.
BILL (WILL) PIERCE: Whitfield County Superior Court; October term 1927; rape; 12 months and 8 to 10 years; recommended by trial judge and solicitor-general, assistant solicitor-general, jurors, county officials and representatives; commuted December 18, 1930.
ROBERT LEE PETERS: Walton County Superior Court; February term 1930; manslaughter; 1 to 3 years; poor physical condition; recommended by a large number of citizens, practically all county officials, by jury that tried him, county physician, trial judge and solicitor-general; commuted December 18, 1930.
WADE CHAUNCY: Clinch County Superior Court; October term 1929; cattle stealing; 2 years; recommended by prosecutor, trial judge, solicitor-general and citizens; commuted December 22, 1930.
JACK FLOOD: Ware County Superior Court; May term 1929; simple larceny; 2 to 4 years; very poor physical condition; good record; commuted December 22, 1930.
CARL ESPY: Catoosa County Superior Court; November special term 1929; arson; 2 years; recommended by citizens, county officials, trial judge and solicitor-general; commuted December 29, 1930.
CLYDE WEST: Colquitt County Superior Court; January 1926; October 1927 terms; simple larceny; larceny of auto; 3 to 5 years and 2 to 3 years; insane and recommended that he be tried for lunacy and placed in the hospital for the insane; commuted December 31, 1930.
58
JouRNAL OF THE HousE,
PETER McMEKIN, JR.: Wilkes County Superior Court; May term 1930; arson; 1 to 2 years; recommended by trial judge and solicitor-general on payment of fine; commuted January 7, 1931.
ARTHUR DOWARD: Randolph County Superior Court; February 1919 term; murder; life; served 11 years, is old and in very poor physical condition; commuted January 15, 1931.
JOHN HENRY McCRARY: Spalding County Superior Court; January term 1930; manufacturing liquor; 2 years; recommended by trial judge and the co-defendant, Eugene Coggin, received misdemeanor sentence in the same transaction; commuted January 23, 1931.
HENRY CROWLEY, ALIAS J. H. CORLEY, J. E.
DUNCAN AND J. H. CROWLEY: Fulton County
Superior Court; January term 1927; misdemeanor and larceny of automobile; 12 months; 3 years; 12 months; 3 years; extreme youth and service of about 4 years; recommended by the trial judge; commuted January 27, 1931.
CLINT ANDERSON: Fulton County Superior Court; May term 1929; forgery; 4 to 7 years; poor physical condition and recommended by the trial judge; commuted January29, 1931.
EDWARD H. STANLEY: Fulton County Superior Court; November term 1920; forgery-fictitious checks; 2 to 7 years; extremely poor physical condition; commuted February 5, 1931.
CHARLIE TATE: Wilkes County Superior Court; August term 1929; arson; 1 to 2 years; he has completed 10 months of his minimum term and his co-defendant was released on payment of $100.00-after service of a little over 2 months. The instigator of the crime was acquitted; commuted February 7, 1931.
D. C. PHINAZEE: County of Thomas Superior Court; June term 1930; felony; 1 year; recommended by the trial
FRIDAY, JuNE 26, 1931.
59
judge, prosecutor, clerk, sheriff, county attorney, county commissioners, county officials, Judge Luke of the Court of Appeals and by the solicitor-general; commuted February 13, 1931.
J. W. HOWARD: Muscogee County Superior Court; assault to murder; 1 to 2 years; on account of poor physical condition; commuted February 26, 1931.
CONEY CAMPBELL: Fayette County Superior Court; September term 1930; making liquor; 1 to 3 years; recommended by trial judge, solicitor-general and other court officials; commuted March 18, 1931.
A. A. HARP: Upson County Superior Court; November term 1929; manslaughter; 1 to 3 years; recommended by the judge and solicitor-general; commuted March 20, 1931.
LEVI ARNOLD: Clayton County Superior Court; February term 1930; 4 years; good service record for one year; recommended by the trial judge, solicitor-general and trial jury; commuted March 25, 1931.
ELI ARNOLD: Clayton County Superior Court; February term 1930; perjury; 4 years; good service record for one year and clemency is recommended by the trial jury, s0licitor-general and judge; commuted March 25, 1931.
SAM DANIEL: Clayton County Superior Court; February term 1930; perjury; 4 years; good service record for one year; recommended by the trial jury, solicitorgeneral and judge; commuted March 25, 1931.
ROSSER BAUKNIGHT: Clayton County Superior Court; February term 1930; perjury; 4 years; good service record for one year; recommended by the trial judge, solicitor and jury; commuted March 25, 1931.
WARREN FALLEN: Troup County Superior Court; November term 1930; assault with intent to murder; 12 months; clemency is recommended by Dallas Page, the
60
JouRNAL oF THE HousE,
person alleged to have been fired upon; commuted March 26, 1931.
FIG RAY, ALIAS FELIX RAY: Superior Court of Carroll County and January adjourned term 1925, Bartow Superior Court; 5 to 15 and 3 to 5 years; poor physical condition; recommended by the trial judge; commuted March 26, 1931.
B. F. TUCK: Clarke County Superior Court; January term 1927; embezzlement; 4 to 5, 1 to 2 and 1 year; good service record of four years, two months and three days, which is equivalent to five years' service; recommended by a large num her of citizens, including jurors, peace officers, sheriff, clerk, city officials, solicitor of the City Court, Ex-Senator, etc.; commuted ;\1arch 26, 19:31.
C. H. SIMMONS: Fulton County Superior Court; May term 1930; misdemeanor; 18 months; good serv1ce record of nearly a year, and recommended by prosecutor, trial judge and solicitor-general; commuted April 9, 1931.
ROBERT CORLEY: Spalding County Superior Court; February term 1930; larceny of auto; 2 years; very dependent condition of family, and strong recommendation of the trial judge; commuted April9, 1931.
- EDWARD ARCHER: Chatham County Superior Court; December term 1930; larceny of auto; 2 years; on account of youth of applicant, and recommended by solicitor-general and trial judge; commuted April 16, 1931.
A)J"TO~IO FERNANDO: Chatham County Superior Court; August term 19:30; larceny; 1 year; the Chairman of the Prison Commission recommends that the sentence be commuted that he may be delivered to United States Immigration authorities for deportation; commuted April 16, 1931.
J. S. SLICER: Fulton County Superior Court; May term 1929; violation of State Banking Act; 1 to 3 years;
FRIDAY, JuNE 26, 1931.
61
recommended by the jury; commuted to fine of $250.00 April 17, 1931.
JEFF BANKS: Fayette County Superior Court; October term 1929; manufacturing liquor; 1 to 3 years; has served with good record a portion of his sentence and the trial judge recommends clemency; commuted April23, 1931.
W. P. O'HARON, ALIAS CHARLES SMITH: Richmond County Superior Court; January term 1928; larceny of auto; 4 years; poor physical condition, good prison record for nearly three years; commuted April 28, 1931.
ALBERT JONES: Superior Court of Tift County; July term 1920; murder; life; recommended by jurors and solicitor-general; commuted April 29, 1931.
HOWARD 0\VSLEY: Fulton County Superior Court; July term 1929; larceny of auto; 2 to 3 years; recommended by trial judge, and defendant has almost completed the minimum term of his sentence; commuted May 1, 1931.
LOUIS W. COLLEY: Superior Court of ~leriwether County; July term 1930; adultery; 12 months; applicant has served nine months with good conduct; health extremely bad; commuted l\lay 5, 1931.
S. \V. CARSON: Fulton County Superior Court; November term 1929; embezzlement and larceny after trust; 4 to 5 years in 3 cases concurrent; recommended by trial judge; commuted May 7,1931.
JOE STRICKLAND: Charlton County Superior Court; October term 1929; simple larceny; 3 to 4 years; recommended by trial judge and solicitor-general; commuted May 7, 1931.
J. \V. BOZEMAN: Laurens County Superior Court;
January term 1928; larceny; 1 to 3 years; has served minimum sentence; recommended by the trial judge, the prosecutor and all county officials; commuted May 7, 1931.
62
JouRNAL OF THE HousE,
CLYDE J. BINION: Richmond County Superior Court; January term 1928; forgery; 5 years; recommended by court officials and employees of Richmond County; commuted May 9, 1931.
WILL JACOBS: Brantley County Superior Court; November term 1929; misdemeanor; 12 months and 12 months; not opposed by judge and solicitor; and service of more than one-half of his sentence with good record; commuted May 9, 1931.
ROBERT PERRY: Fulton Superior Court; January term 1926 of the Superior Court; assault to rape; 20 years; recommended by the woman alleged to have been assaulted and by trial judge and solicitor-general, jurors and other citizens and officials; commuted May 14, 1931.
BILL FULK (WILLIAM FOULKE): Chatham County Superior Court; December term 1930; larceny of auto; 2 years; extreme youth and clemency recommended by trial judge and solicitor-general; commuted May 19, 1931.
C. E. GASKINS: Ben Hill County Superior Court; March term 1925; rape; 15 to 20 years; recommended by the solicitor-general and some of the jurors; commuted May 21, 1931.
G. B. McCLELLAN: Colquitt County Superior Court; April term 1931; burglary; 10 years; defendant is an escape from State of Florida and in order that he may be delivered to the authorities of that State; commuted May 21, 1931. Not recommended by the Prison Commission.
VANDIVER BROWN: Franklin County Superior Court; March term 1930; burglary; 3 years; extreme youth; recommended by solicitor-general and the prosecutor; commuted May 21, 1931.
EARL DEAN: Hall County Superior Court; July term 1929; forgery and larceny from house; 12 months, 12 months, 3 to 5 years; good service record and recom-
FRIDAY, JuNE 26, 1931.
63
mended by solicitor-general, county officials, jurors, trial judge; commuted May 21, 1931.
JOHN PACE: Randolph County Superior Court; May term 1931; malicious mischief; 12 months; to be received back at State Sanitarium for treatment; commuted May 26, 1931.
M. Z. COOPER: Fulton County Superior Court; July term 1929; larceny from railroad car; 2 to 3 years; recommended by county physician who says that petitioner underwent a very serious and dangerous operation and will be confined to hospital several weeks; has served minimum of2 year; commuted June 13, 1931.
D. W. \VATSON: Richmond County Superior Court; October term 1924; burglary and assault to murder; 11 years and 7 years; recommended by officials and citizens; commuted June 12, 1931.
FRANK H. BARBER: Fulton County Superior Court; September term 1929; larceny of automobile; 2 to 3 years; this applicant is sought by immigration authorities for deportation; commuted June 26, 1931.
GEORGE T. BRAYE, ALIAS EDWARD COLLINS: Fulton County Superior Court; larceny of automobile; 2 to 3 years; applicant is sought by immigration authorities for deportation; commuted June 26, 19:31.
CARL R-'\MSEY: Walker County Superior Court; June term 1930; manufacturing whiskey; 1 year; on account of his tubercular condition as reported by Dr. R. H. Bradley of Chatsworth, Georgia; commuted June 18, 1931.
PARDONS: All pardons recommended by Prison Commission, except where stated.
LEE BARRETT: White Superior Court; April term 1928; assault to murder; 1 to 2 years; recommended by county officials and prosecutor; pardoned August 1, 1929.
64
JouRNAL OF THE HousE,
DEWITT WILSON: Campbell Superior Court; August term 1924; making liquor; 12 months; strong evidence of reputable citizens and of the owner of still that accused was not guilty; pardoned August 13, 1929.
JULIUS ALLIGOOD: Dodge Superior Court; November term 1928; passing forged check; 12 months or 8350.00; good record and recommendations of many officials and trial judge; pardoned August 15, 1929.
C. J. NORMAN: Newton County Superior Court; January term 1928; embezzlement; 2 years; the major portion of his sentence has been served with good prison record and clemency is recommended by a large number of citizens, including county officials, ministers, school superintendents, representatives, senators, solicitor-general and trial judge; pardoned August 15, 1929.
THOMAS PARKER: Bulloch County Superior Court; October term 1927; embezzlement; 2 years; sentence about all served; good record and deserves restoration of citizenship; pardoned August 22, 1929.
DAN BUTTS: Jasper Superior Court; August term 1928; simple larceny; 2 years; good prison record; service of half of sentence coupled with sanction of large number of citizens and of trial judge and the solicitor-general; pardoned September 12, 1929.
J. E. CAREY: Putnam Superior Court; :March term 1928; assault to rape; 1 to 5 years; good prison record; service of minimum sentence, coupled with recommendation of the trial jurors, solicitor-general and judge; pardoned Septemher 27, 1929.
GEORGE H. GILLO::-.r: Fulton Superior Court; December term 1928; embezzlement; 2)-:l' to 4 years; recommended by numerous business men, attorneys, university professors, county officials, ministers of the Gospel, the trial judge and solicitor-general; pardoned October 10, 1929.
FRIDAY, JuNE 2o, 1931.
65
BAR~EY L. O'QUINN: Fulton Superior Court; October term 1926; fornication; S100.00 or 12 months suspended sentence; was given fine which was paid and a suspended misdemeanor sentence at the October term 1926, of Fulton Superior Court; nearly three years have expired since he was put under suspended sentence; pardoned October 10, 1929.
R. B. PETTIT: Fulton Superior Court; January term 1929; misdemeanor and involuntary manslaughter; 12 months and 1 to 2 years; youth of applicant, who was under a suspended misdemeanor sentence which was put into effect because of conviction in present case. He has served the first sentence with good record and has begun second sentence; pardoned October 10, 1929.
TOM AIKEN: Atlanta City Court; June term 1927; possessing liquor; 8250.00 and 12 months suspended sentence; paid fine of 5250.00 and sentence of 12 months suspended which has been running since the 20th of July, 1927, and statements of those who know him are to the effect that his conduct has been good; pardoned October 22, 1929.
JESSE STOGNER: Haralson Superior Court; April term 1917; murder; life; this applicant was paroled in September 1928, and it appears that the terms of the parole
have been kept. It appears further that he has lived an
upright life since that time and in order to encourage him in his laudable effort to make a good citizen; pardoned October 23, 1929. Not recommended by Prison Commission.
C. N. BEATTY: i\luscogee Superior Court; August term 1926; robbery; 2 to 10 years; it appearing that this applicant has lived an upright life and is desirous of making a good citizen, in order to encourage him; pardoned December 12, 1929.
CARTER HILL: Dooly Superior Court; ~ovember term 1928; involuntary manslaughter; 1 year and 1 day;
66
JocRNAL OF THE HousE,
about one-half of the sentence served with good prison record and clemency is not opposed by the solicitor-general and is recommended by all of the trial jurors. The record discloses a state of facts very much akin to a pure accident; pardoned December 19, 1929.
0. H. TOMPKINS: Johnson Superior Court; March term 1927; embezzlement; 3 to 3 years and 2 to 2 years; recommended by large number of citizens of the county where crime was committed and county where he served, including ministers of the Gospel, educators, county officials, solicitor-general, trial judge and the judge of the circuit where he was serving; pardoned December 19, 1929.
JOE COATES: Laurens Superior Court; July term 1922; murder; life; long anp good service record and endorsed by citizens, officials, tri~l judge, solicitor-general and present judge and solicitor-general, and peculiar facts of the case; pardoned January 3C, 1930.
E. B. STAPLETON: Grady Superior Court; September adjourned term 1917; felony; 12 months; it being made to appear by the statement of Judge Alexander Stephens that this applicant has lived an upright life; pardoned February 6, 1930. Not recommended by Prison Commission.
HENRY PINSON: Atbnta Criminal Court; September term 1927; possessing liquor; $150.00; 7 to 12 months suspended sentence; he was fined and given a suspended sentence of 12 months, which expired more than a year ago; pardoned February 6, 1930.
VAN ARNOLD FULLER: Fulton Superior Court; March term 1929; larceny of auto; 1 to 5 years; youth of the prisoner and good prison record; recommended by the trial judge and solicitor-general; pardoned February 13, 1930.
H. S. CARSON: Chattooga Superior Court; September term 1926; embezzlement; 3 to 5 years; recommended by a number of reputable citizens; pardoned February 18, 1930.
FRIDAY, JuNE 26, 1931.
67
J. B. CROWLEY: Lowndes Superior Court; June term 1924; larceny from house; 1 to 2 years; it appearing that this applicant has lived an upright life and is making a good citizen; pardoned February 18, 1930. Not recommended by Prison Commission.
PALMER BLACKBURN: Fulton Superior Court; May term 1928; larceny after trust; 3 to 4 years; most excellent service; recommendations by an unusually large number of citizens of high standard and by the trial judge, Hon. Virlyn B. Moore; pardoned February 25, 1930.
HOWARD BARFIELD: Fulton Superior Court; July term 1929; larceny of automobile; 2 to 3 years; youth of prisoner and good prison record; clemency recommended by trial judge; pardoned April9, 1930.
I. J. WRIGHT: Valdosta City Court; April and May
term 1928; two misdemeanors and unlawful shooting at another; 10 months; 10 months and 1 year; nearly 70 years of age, in poor physical condition; recommended by county officials and solicitor-general and was not opposed by the solicitor of the City Court where misdemeanor charges were preferred; pardoned May 1, 1930.
HARRY BISHOP: Fulton Superior Court; July term 1929; larceny of auto; 2 to 3 years; youth of the prisoner, good prison record; recommended by trial judge; pardoned May 1, 193Q.
WILLIAM I. JENKINS: DeKalb Superior Court; October term 1927; embezzlement; 2~ years; his conduct in service and under parole was good; pardon and restoration of citizenship May 5, 1930.
JACK ODUM: Chatham Superior Court; August term 1925; manslaughter; 10 to 15 years; upright life since parole and Prison Commission recommends restoration of citizenship; pardoned May 9, 1930.
J. D. KING: Fulton Superior Court; April term 1928; manufacturing liquor; 1 to 3 years; it appearing this ap-
68
JouRNAL OF THE HousE,
plicant has lived an upright life since his parole and is making a good citizen; pardoned May 15, 1930. Not recommended by Prison Commission.
L. W. LATHAM: Atlanta Criminal Court; November 1926 term; possessing liquor; S250.00 and 12 months suspended sentence; paid fine and recommended by the trial judge; pardoned May 23, 1930.
CECIL MONS: Muscogee Superior Court; May term 1927; involuntary manslaughter; 2 to 3 years; it appearing that this applicant has lived an upright life and is desirous of making a good citizen; pardoned June 5, 1930. Not recommended by Prison Commission.
SHERRY DENNIS: Lee County Superior Court; November term 190:i; murder; life imprisonment; it appearing that this applicant has lived an upright life and is desirous of making a good citizen, in order to encourage him; pardoned June 5, 1930.
HARPER BELL: Fulton Superior Court; May term 1927; robbery; 10 years; it appearing that the applicant and some other negroes were mixed up in an affair in which some money was involved, a small amount; never had any trouble before and upon the statement of Hon. Jos. T. Rose; pardoned June 5, 1930. Not recommended by Prison Commission.
DE~NIS HOOKS: Bibb Superior Court; February term 1921; murder; life; sixty-six years old, poor health, an inmate of tuberculosis hospital at State Farm; served
n--2 ye:.us with good record; pardoned June 13, 1930.
H. B. RAWLS: Grady Superior Court; May adjourned term 1926; embezzlement; 2 to 5 years; recommended by trial judge, solicitor-general and jury who tried him; pardoned Tune 19, 1930.
DURAL TYRE: Jesup City Court; April term 1930; bastardy; 12 months or fine of 8750.00; woman involved was such that created some doubt as to Tyre being the
FRIDAY, JuNE 26, 1931.
69
father of her child; Tyre's wife and child have tuberculosis and he is confined at the tubercular ward at the State Farm; pardoned July 17, 1930. Not recommended by Prison Commission.
PAL l\1. DANIEL, JR.: Muscogee Superior Court; fall term 1916; embezzlement 3 to 5 years; appearing that applicant has kept the terms of his parole and has been living an upright life, in order to encourage him; pardoned July 30, 1930. Not recommended by Prison Commission.
EARL STRETCH: Muscogee Superior Court; ....... . term 1928; larceny after trust; it appearing that this applicant has been leading an upright life since his parole, and in order to encourage him in his effort to be a law abiding citizen; pardoned August :->, 1930. Not recommended by Prison Commission.
H. B. HOPKINS: Fulton Superior Court; December term 1922; possessing liquor; 8500.00 and 15 days in chaingang and 12 months suspended sentence; paid fine, conduct good under suspended sentence; no other charges against him; pardoned August 14, 1930.
ROBERT ADAMS: Hart Superior Court; February term 1925; seduction; 7 to 10 years; terms of parole have been kept; pardoned August 14, 1930.
J. P. SL\1S: Hart Superior Court; February term 192!;
manslaughter; 10 to 15 years; terms of parole have been kept; pardoned August U, 19:30.
BENJAMI~ WHITE: Chatham Superior Court; .May term 1929; larceny; 1 to 2 years; active pulmonary tuberculosis with perirectal fistula which is also tubercular in nature; pardoned August 19, 1930. Not recommended by Prison Commission.
J. W. FORD: Bibb Superior Court; April term 1925; receiving stolen goods; 2 to 5 years; terms of parole have been kept; pardoned August 21, 1930.
70
JouRNAL oF THE HousE,
FRED WRITHT: Webster Superior Court; January term 1930; making whiskey; 12 months; served most of his sentence and recommended by trial judge; pardoned August 27, 1930. Not recommended by Prison Commission.
RICHARD W. JORDAN: Fulton Superior Court; May term 1927; ................ ; 2 to 5 years; terms of parole have been kept; pardoned August 28, 1930.
ROBERT F. CRAIG: Fulton Superior Court; December term 1927; bribery; $250.00 or 12 months; service under suspended sentence after paying fine for more than the statutory period of the fine; pardoned September 4, 1930.
LOYD CARVER: Spalding Superior Court; January term 1930; manufacturing liquor; 2 years; recommended by a number of citizens of Griffin and Spalding County and by the trial judge, and petitioner has served since February 19, 1930; pardoned September 18, 1930.
JOHNNIE DIGBY: Sp::dding County Superior Court; February term 1930; manufacturing liquor; 1 year; recommended by trial jurors and trial judge; pardoned September 18, 1930.
M. L. SLATER: Morgan Superior Court; September
term 1929; manslaughter; 12 months; good conduct during parole period and recommendation of leading citizens; pardoned September 22, 1930. Not recommended by Prison Commission.
ERNEST ALLISON: Spalding Superior Court; February term 1930; manufacturing liquor; 1 year; recommended by trial judge; pardoned September 26, 1930.
OSCAR BAGLEY: Whitfield Superior Court; ........ . term; possessing liquor; 6 months; previously released by judge, youth, recommendation of G. E. Maddox, Sam P. Maddox and solicitor-general and assistant solicitor-general and ex-sheriff of Murray County; pardoned October 9, 1930. Not recommended by .Prison Commission.
FRIDAY, JuNE 26, 1931.
71
W. M. THURSTON (DOCK THURSTON): Butts Superior Court; making whiskey; August term 1929; $75.00 fine and 12 months suspended sentence; paid fine, recommended by trial judge and sheriff; pardoned November 4, 1930. Not recommended by Prison Commission.
OSCAR SCOTT AND DOUGLAS SCOTT: Spalding Superior Court; February term 1930; manufacturing liquor; 2 years, 12 months; recommended by trial judge; companion cases to those who have been pardoned; pardoned November 6, 1930.
ELMER HUBBARD: Fulton Superior Court; November term 1928; forgery; 4 to 7 years; very young, good record; recommended by prosecutor and brother of young man whose name was forged, and others; pardoned November 13, 1930.
G. W. WILLBANKS: Dooly Superior Court; May adjourned term 1929; voluntary manslaughter; 1 year and 1 day; recommended by county officials and citizens and orally by presiding judge who heard motion for new trial; illegal verdict and that there was no sentence passed by the court. Matter submitted to attorney-general who rules, "In this case there is no sentence, and therefore it appears that the defendant or accused has been serving illegally." Pardoned December 20, 1930. Prison Commission recommends commutation to present service on payment of fine of $750.00.
LUTHER BONNER: Carroll Superior Court; July adjourned term 1929; voluntary manslaughter; 3 to 5 years; newly discovered evidence in affidavit form, physical condition; recommendation of eight jurors trying him as well as a large number of citizens; pardoned December 22, 1930. Not recommended by Prison Commission.
JOE JACKSON: Worth Superior Court; murder; life imprisonment; Prison Commission not being in session, the Governor conferred with Judge G. A. Johns, who recom-
72
JouRNAL oF THE HousE,
mends clemency; recommended by trial judge, solicitorgeneral, sheriff and clerk of the court and others; pardoned December 24, 1930. Not recommended by Prison Comm1ss1on.
GORDON COUCH: Gordon Superior Court; February term 1920; burglary; recommended by trial jury, representative citizens, the prosecutor and the solicitorgeneral; pardoned January 23, 1931.
W. J. BASSETT: Upson Superior Court; July adjourned
term 1927; assault to murder; 4 years; applicant served most of his parole and it appears that he is living an upright life, and in order to encourage him in his effort to become a good citizen; pardoned January 30, 1931. Not recommended by Prison Commission.
A. C. KIMSEY: Wilkinson Superior Court; October term 1926; voluntary manslaughter; 2 to 3 years; terms of parole have been kept; pardoned February 5, 1931.
R. A. ELLEN: Clayton Superior Court; August term 1914; bigamy; S200.00 or 12 months; good record; recommended by prosecutor, judge, warden, former solicitor; pardoned February 27, 1931.
FOSTER DA.Y: Douglas Superior Court; September term 1929; robbery; 4 to 6 years; ment<dly deficient to the point of insanity and in order that he may be committed to the State Insane Asylum; pardoned conditionally March 5, 1931.
NEEDHA~1 TINSLEY: Walker Superior Court; :\lay term 1930; assault to rape; 1 to 10 years; physical condition; applicant shell shocked in World War and was discharged as an epileptic; pardoned March 4, 1931. Not recommended by Prison Commission.
H. F. FLEMING: Fulton Superior Court; September term 1929; robbery; 2 to 3 years; recommended by trial judge with explanation from solicitor-general; poor physical
FRIDAY, JuNE 26, 1931.
73
condition and good service record; pardoned March 18, 1931.
GORDON B. DONALDSON: Bulloch County Superior Court; October term 1929; stealing baled cotton; 2 years; recommended by trial judge and solicitor-general.
ALFRED HALL: Telfair Superior Court; January term 1912; murder; life imprisonment; long service; good record; recommendation of solicitor-general and mitigating circumstances; pardoned March 26, 1931.
JIM CLARY: Gordon Superior Court; February term 1929; robbery; 4 years; recommended by numerous citizens and officials as well as the trial judge and solicitor-general. He has served over two years of a four year sentence and is a young man; pardoned March 26, 1931.
GRADY MULLINAX: Gordon Superior Court; February term 1929; robbery; 4 years; recommended bynumerous citizens and officials as well as the trial judge and solicitor-general. Served over two years of a four year term and is young; pardoned March 26, 1931.
MACK EASON, ALIAS BULGER EASON: Jasper County Superior Court; August term 1928; voluntary manslaughter; 5 to 10 years; recommended by a large number of citizens, county officials and trial judge; pardoned April 9; 1931.
LESTER M. LEWIS: Cobb County Superior Court; March term 1928; burglary; 3 to 5 years; citizenship restored; pardoned April4, 1931.
E. C. ANCHORS, ALIAS "RED": Bibb County Superior Court; April 1930; embezzlement; 2 years; recommended by Dr. Richard Binion, State Farm physician, solicitor-general and trial judge; pardoned April 16, 1931.
MORRIS LUMPKIN: Soperton City Court; August term 1930; assault with intent to murder; 12 months; served two-thirds of sentence with good prison record;
74
JouRNAL oF THE HousE,
is suffering with appendicitis; recommended by the judge of the City Court and solicitor of City Court; pardoned April 28, 1931.
HAROLD HENDERSON: Forsyth County Superior Court; November adjourned term 1930; felony; 12 months; the trial judge appeared in behalf of this applicant and states that if he had been on the bench this sentence would have been suspended, and now urges a pardon; pardoned May 8, 1931. Not recommended by the Prison Commission.
HENRYS. NORRIS: Emanuel County Superior Court; January term 1930; murder; life; recommended by presiding judge and solicitor-general and the county commissioners of Richmond County; pardoned May 8, 1931. Not recommended by the Prison Commission.
BILL H. MOORE: Glynn County Superior Court; May term 1920; rape; 10 to 20 years; recommended by grand jurors, jurors and a large number of citizens and the solicitor-general and Judge J. P. Highsmith; pardoned June 18, 1931.
PROBATIONS: All probations recommended by the Prison Commission, except where stated:
ROY JONES: Swainsboro City Court; April term 1929; possessing whiskey; 12 months; recommended by trial judge; probated August 5, 1929.
LESTER HUGG: Walton Superior Court; November term 1928; misdemeanor; 12 months; good prison record of young man; recommended by trial judge and solicitorgeneral; probated August 10, 1929.
NEAL COOK: Pike Superior Court; November term 1928; possessing liquor; 12 months; recommended by trial judge and solicitor-general; good record; probated August 10, 1929.
FRIDAY, JUNE 26, 1931.
75
SUE D. HENDERSON: Waycross City Court; January term 1929; misdemeanor; 12 months; recommended by judge; probated August 22, 1929.
CHESTER BERRY: Newton County Superior Court;
March term 1929; attempting to make liquor; recommended
by trial judge; probated August 29, 1929.
HORACE T. SMITH, JR.: Muscogee Superior Court; July term 1928; possessing fictitious checks; 48 months; recommended by trial judge, solicitor-general and others; young and not mentally strong; probated September 12, 1929.
J. W. DAY: Milton Superior Court; August term 1928; violating prohibition law; $400.00 or 12 months; recommended by officers of county where convicted; age of defendant, 67; probated September 12, 1929.
MARSHALL HOOKS: Sandersville City Court; January term 1927 and October term 1928; possessing whiskey and carrying pistol unlawfully; recommended by county officials, including trial judge; probated September 26, 1929.
0. W. BOWEN: LaGrange City Court; December term 1928; misdemeanor; 12 months; poor physical condition as shown by letters of county physician, Dr. F. M. Ridley; probated September 26, 1929.
WILLIAM ARNOLD: Dooly Superior Court; November term 1928; violating prohibition law; $600.00 and 6 months; paid fine of $600.00; served nearly 4 of a 6 months' sentence; not opposed by solicitor-general; probated October 10, 1929.
LUTHER WIGGINS: Douglas City Court; November term 1927; selling whiskey; $100.00 and 12 months; paid fine and served about half of suspended sentence and clemency recommended by court officials; probated October 21, 1929.
JANIE BRADDOCK: Charlton County Court; March term 1929; drunk on highway; 12 months; recommended
76
JOURNAL OF THE HousE,
by citizens and solicitor and judge; probated November 14, 1929.
\r...r. F. BARNES OR BONDS: Decatur City Court; June term 1929; violating prohibiton law; 12 months; recommended by solicitor, county officials, and others; probated November 21, 1929.
TUM CARTER: Paulding Superior Court; February term 1929; manufacturing liquor; 1 to 2 years; recommended by judge and solicitor-general; probated December 23, 1929.
PAUL PARRISH: Lowndes Superior Court; :\lay term 1929; simple larceny; 12 months and 12 months; probated January 2, 1929.
A. D. EVERSON: Mitchell Superior Court; October term 1929; simple larceny; 6 months; probated January 4, 1930.
H. CALLAWAY: Hinesville City Court; September term 1929; having and possessing liquor; 9 months and $50.00; recommended by trial judge and by Hon. \V. C. Hodges, Judge City Court of Hinesville; probated February 4, 1930.
W. T. PATRICK: Sylvania City Court; June term 1928; possessing liquor; $250.00 and 12 months suspended sentence; paid fine of S250.00; recommended by trial judge; probated February 6, 1930.
W. H. CA\VTHON: Elberton City Court; August term 1929; misdemeanor; 12 months or 3 months and S350.00; recommended by trial judge; probated February 27,1930.
CLARENCE WELCH: Floyd Superior Court; October term 1929; burglary; 12, 12 and 12 months; condition of family and clemency recommended by solicitor-general, county officials and trial judge; probated March 20, 1930.
FRIDAY, JuNE 26, 1931.
77
RILEY HIGGS: Douglas City Court; August term 1929; public drunkenness; 12 months; recommended by trial judge; probated :\pril 10, 19~0.
}nr, ALIAS SPORT ARi\OLD: Athens City Court;
June term 1929; having whiskey; S200.00 or 12 months; recommended by trial judge and solicitor; served major part of sentence; probated :\pril 21, 19:30.
T. l\L CRO\\': Elberton City Court; Xovember term 1929; possessing liquor; G months and S:iOO.OO; served two-thirds of sentence and paid S:iOO.OO fine and is in poor physical condition; pfobated :\lay 1, 19:30.
B. l\I CHF~EY: Henry Superior Court; September term 1929; selling liquor; 12 months; recommended by trial judge, and served about six months of sentence with good record; probated :\lay 1, Hl:30.
CHESTER TH:\XTOK: Bibb County Superior Court; February term 19:30; making liquor; () months; recom~ mended by trial judge; poor physical condition; probated l\Iay 1, 1930.
HEKRY H. l\IICKLER: Chatham Superior Court; l\Iarch term 19:30; robbery; :3 months; recommendation of trial judge coupled with the youth of prisoner and the fact that his mother is in another state reported in dying condition; probated April :30, 19:30.
DOCK TAYLOR: Lamar County Superior Court; September term 1929; violating prohibition law; recommended by trial judge; 12 months; probated :\lay 8, 19:30.
CHARLIE GREE"N": Ware Superior Court; i\hy adjourned term 1929; cattle stealing; S200.00 or 12 months; recommended by judge, solicitor-general and prosecutor; served more than six months of sentence; probated l\Iay 12, 1930.
LEE THIGPEN: Douglas City Court; August term 1927; misdemeanor; S100.00 and 12 months suspended
78
JouRNAL OF THE HousE,
sentence; $40.00 and 3 months to run concurrently; recommended by trial judge, solicitor and sheriff; probated May 22, 1930.
WILLIAM HARBUCK: Webster Superior Court; October term 1929; having whiskey; 12 months or $125.00; served more than two-thirds of sentence with good record; recommended by a large number of citizens; probated June 19,1930.
ROY MANLEY: Pike Superior Court; February term 1930; making liquor; 12 months; Prison Commission recommends probation on payment of fine df $50.00; served over four months with good record; recommended by county officials that sentence be probated on payment of reasonable fine; probated July 16, 1930.
U. S. JOHNSON, ALIAS R. V. REID: Waycross City Court; September term 1929; misdemeanor; 12 months, 12 months and 8 months; sad condition of dependent family and recommended by trial judge; probated July 28, 1930.
JAMES OGLETREE: Lamar Superior Court; December term 1929; having whiskey; 12 months; poor physical condition of prisoner and clemency favored by trial judge and others; probated July 28, 1930.
0. T. PETTY: Crisp Superior Court; February term 1930; possessing liquor; 12 months or $100.00; destitute condition of his family and recommended by trial judge, solicitor-general and court officers; probated July 30, 1930.
ARRIELLA LEWIS: Chatham Superior Court; June term 1930; distilling liquor; 3 months in jail; recommended by trial judge and others; age of prisoner; probated July 30, 1930.
HUGH WHITWORTH: Athens City Court; March term 1930; transporting and possessing liquor; 12 months and $50.00 or 6 months; recommended by large number of excellent citizens of county where he was reared as to previous character, youth, first offense; probated July 31, 1931.
FRIDAY, JuNE 26, 1931.
79
ALBERT TOOKE: Swainsboro City Court; May term 1930; violating traffic laws; 12 months; recommended by trial judge; probated August 14, 1930.
RAYMOND GILBERT: Chattahoochee Superior Court; March term 1929; assault with intent to murder; 12 months; served about one-half of sentence with good record; recommended by trial jurors and a large number of citizens; probated August 21, 1930.
PRESTON O'BERRY: Waycross City Court; December term 1929; misdemeanor; 12 months; served about two-thirds of sentence with good record, recommended by a number of citizens, including county officials and representatives of the county and judge and solicitor do not oppose clemency; probated August 28, 1930.
SAM CROSS: Danielsville City Court; April term 1930; simple larceny; 9 months; recommended by the prosecutor, many citizens, county officers, judge and solicitor; probated September 4, 1930.
JIM EATON: Walton Superior Court; January term 1930; violating prohibition law; 12 months or $125.00; recommended by trial judge and solicitor-general; probated September 6, 1930.
JOHN BAILEY: Cartersville City Court; December term 1929; misdemeanor; $45.00 and put on probation; recommended by trial judge and solicitor of City Court of Cartersville; probated September 18, 1930.
W. A. JOHNSON: Terrell Superior Court; June special term 1929; possessing liquor and accessory to manufacturing liquor; $1,000.00 or 24 months; Prison Commission recommended probation on payment of the sum of $300.00; poor physical condition and service since January 31, 1930; recommended by trial judge, Hon. M. J. Yeomans; probated September 20, 19~0.
80
JouRNAL OF THE HousE,
JOE CARR: Henry County Court; November term 1928; violating prohibition law; 12 months in three cases; recommended by trial judge; probated September 26, 1930.
EARL REDFEARN: Thomas Superior Court; April term 1930; misdemeanor; 12 months or $50.00; youth of applicant, numerous recommendations, coupled with good prison record; probated October 9, 1930.
DOCK, ALIAS MOSE VI~I~G: Putnam Superior Court; September term 1929; violating prohibition law; 12 months; Prison Commission recommended probation on payment of the sum of $100.00 in court; poor physical condition of petitioner; recommended by trial judge, present solicitor-general and numerous county officials; probated October 16, 1930.
COOT SMITH: Waycross City Court; December adjourned term 1929; misdemeanor (simple larceny); $100.00 or 12 months; good prison record of applicant with nearly nine months' service and recommended by the trial judge; probated October 16, 1930.
FRED SMITH: Oconee Superior Court; January term 1930; violating prohibition law; $125.00 or 8 months; served about five-eighths of sentence with good record; recommended by sheriff, county commissioners, trial judge and numerous others; probated October 16, 1930.
WILLIAM LASHLEY: Ben Hill Superior Court; January term 1930; violating prohibition law; 12 months; poor physical condition; recommended by trial judge and solicitor-general; October 30th probated, 1930.
LYNCH SMITH: Coweta Superior Court; March term 1930; burglary; 12 months; extreme youth of applicant, good service for nearly 8 months, favored by number of citizens, including county officials and the solicitorgeneral of the circuit; probated November 6, 1930.
LONDON SAMUEL: Sandersville City Court; July term 1930; possessing liquor, $100.00 or 12 months; recom-
FRIDAY, JuNE 26, 1931.
81
mended by trial judge and solicitor of City Court of Sandersville; probated December 4, 1930.
GEORGE OGLESBY: Walker Superior Court; February-August term 1929; selling liquor, transporting liquor; 12 months and 6 months in jail or 9 months and $350.00; $200.00 and 12 months and 6 months in jail; wife died during his incarceration leaving several children who need his attention; recommended by solicitor-general and a number of county officials; served all of his sentence except a month and a half; probated December 11, 1930.
JOE GRIGGS: LaGrange City Court; June term 1929; violating prohibition law; 12 months and 6 months in jail or $250.00; Prison Commission recommended probation on payment of $250.00; recommended by solicitor and judge of City Court; probated December 18, 1930.
BERTAH M. COX: Fulton Superior Court; March term 1926; misdemeanor and forgery; 3 months; 3 months; 6 months; 5 to 6 years; poor physical condition; good service record of nearly 5 years; recommended by solicitor-general; probated December 18, 1930.
MRS. J. C. GROOMS: Colquitt Superior Court; April
term 1930; misdemeanor; 12 months; recommended by Dr. Richard Binion, Solicitor-General Spurlin and trial judge; morphine addict; probated December 22, 1930.
BROOKS GAMMAGE: Sumter Superior Court; November term 1929;'having whiskey; 6 months, 12 months or S100.00 and 6 months; served about eight months of two sentences imposed by two courts with good record, and the judge who imposed the first sentence which he has served recommends clemency; probated January 8, 1930.
J. W. ALLDAY: Cairo City Court; October term 1930;
simple larceny; 4 months on probation; one of conditions of probation sentence was the payment of costs, but within the time provided the prisoner failed to pay costs and the probation was suspended, served more than a month and
82
JouRNAL OF THE HousE,
probation was recommended and that he be released to serve the remainder of sentence outside, served with good record; probated January 9, 1930.
JESSE PINES: Webster Superior Court; April term 1930; adultery and fornication; 12 months; Prison Commission recommends re-instatement of probation; good prison record of over 8 months, and clemency is recommended by the trial judge; probated January 9, 1931.
W. T. McCAULEY: Dade Superior Court; September term 1930; misdemeanor; 12 months and $100.00 fine; recommended by trial judge and a number of citizens; probated January 22, 1931.
SAM BURKE: Screven Superior Court; November adjourned term 1930; possessing liquor; Prison Commission recommends probation on payment of the sum of $50.00; order so recommending passed by the trial judge; probated January 29, 1931.
WILLIE PLAYMALE: Macon County City Court; August term 1930; misdemeanor; 12 months; recommended by a number of citizens, including the trial judge and solicitor; probated February 11, 1931.
PAUL' COX: Danielsville City Court; fall term 1930; misdemeanor; 6 months; recommended by the solicitor, trial judge and county officials; probated February 27, 1931.
G. N. GROVES: Walker County Superior Court; November term 1930; possessing liquor; 12 months and 6 months in jail or 9 months and $300.00; Prison Commission recommended probation on payment of $100.00; poor physical condition, service of about three months with good record; probated March 5, 1931.
SAM WARE: Walker County Superior Court; February term 1930; assault and battery; 12 months, 6 months in jail or 9 months and $50.00; Prison Commission recom-
FRIDAY, JuNE 26, 1931.
83
mended probation on payment of $25.00; good record of service in chaingang for six months, and clemency recommended by court officials and solicitor-general; probated March 5, 1931.
SAM SEALS: Paulding County Superior Court; February term 1930; stealing calf; recommended by a number of citizens, including county officials, physician on account of his poor physical condition, and by the trial judge; probated March 5, 1931.
EPP STARKE: Randolph Superior Court; May term 1930; possessing liquor; 6 months and 12 months or $100.00; served nearly one-half of sentence with good record, other sentence of 6 months served; probated March 26, 1931.
HOWARD HOLLIS: City Court of Athens; February term 1930; stealing chickens; 12 months and 6 months; has already served 12 months in one case and in second case for a period of six months with an option of fine of '$50.00; there are numerous letters in file in his behalf; probated April 9, 1931.
NANCY COOPER: Bainbridge City Court; March term 1930; having and selling whiskey; 12 months and 12 months and 6 months in jail; on account of poor physical condition; probated April 16, 1931.
WILL ALLEN: Cobb County Superior Court; November term 1930; possessing liquor; 12 months or $100.00; recommended by the trial judge and solicitor-general; probated May 7, 1931.
JOHN SMITH: Douglas City Court; February term 1930; misdemeanor; 12 months; recommended by the trial judge and solicitor; probated May 7, 1931.
HENRY HARLOW: Miller County City Court; June term 1930; possessing liquor; $75.00 or 8 months; recommended by trial judge, jurors, county physician, warden and citizens; probated May 7, 1931.
84
JouRKAL OF THE Hot.:sE,
J. N. McGEE: Columbus City Court; April term 1931;
misdemeanors; 6 months in jail, or fine of $1,000.00 in lieu of jail sentence; 6 months in chaingang; extremely poor physical condition and clemency recommended by number of reputable citizens including county commissioners, etc.; probated May 8, 1931.
MARTHA BAILEY: Early County Superior Court; April term 1931; selling liquor; 6 months; poor physical condition, two children dependent upon her, and recommended by county officials; probated May 9, 1931.
JOHN WADE: Clarke County Superior Court; October term 1930; 9 months; receiving stolen goods; recommended by county commissioners, county officials, and a large number of citizens of Clarke County; probated May 19, 1931.
JOHN HENRY LITTLE: Putnam County Superior Court; March term 1930; having liquor; 12 months or $200.00; recommended by a large number of citizens and by the trial judge; probated May 21, 1931.
GEORGE T. HULME: City Court of Elberton; February term 1931; violating prohibition law; S150.00 and 6 months recommended by judge, solicitor, officials and others; probated June 12, 1931.
RALPH SWINT, .ALIAS WORTHY ROEBUCK: Heard County Superior Court; September term 1928; assault to murder and shooting at another; 2 years and 12 months; recommended by trial judge and solicitor-general and he has completed the first sentence; also recommended by the jurors who tried said applicant; probated June 18, 1931.
PAROLES: All paroles were recommended by the Prison Commission, except where stated.
BELER CRANE: Lumpkin Superior Court; October term 1921; murder; life; recommended by jurors, county officers and trial judge; paroled July 11, 1929.
FRIDAY, JuNE 26, 1931.
8.)
JOHN MILLER: Wilkinson Superior Court; April term 1923; manslaughter; 20 years; recommended by trial judge and solicitor-general; paroled July 11, 1929.
W. A. RIVENBARK: Liberty Superior Court; September term 1926; voluntary manslaughter; 15 to 20 years; recommended by citizens and jurors, trial judge and solicitor-general raise no objection; paroled July 11, 1929.
CLEVELAND ROBERSON: Bibb Superior Court; May term 1924; burglary; 20 years; recommended by trial judge and solicitor-general; paroled July 11, 1929.
CAUSEY RILEY: Ben Hill Superior Court; November term; murder; life; applicant has served with good record more than ten years; not opposed by trial judge and a nurn her of citizens recommend clemenqr; paroled July 12, 1929.
ROBERT ADAMS: Hart Superior Court; February term 1925; seduction; 7 to 10 years; recommended by the trial judge; paroled August 1, 1929.
J. C. VICKERY: Franklin Superior Court; January term 1925; voluntary manslaughter; 12 to 15 years; recommended by citizens, jurors, ministers and trial judge and no opposition was raised by the solicitor-general; paroled August 1, 1929.
WILL BOYD: Whitfield Superior Court; October term 1925; kidnapping; 7 years; recommended by judge and solicitor-general; paroled August 2, 1929.
Wm. I. JENKINS: DeKalb Superior Court; October term 1927; embezzlement; 2_% years; began service October 21, 1927, and record has been good; paroled August 7, 1929.
TEE GHOLSTON: Gwinnett Superior Court; September term 1927; burglary; 3 to 5 years; recommended by judge and prosecutor; paroled August 10, 1929.
86
JouRNAL OF THE HousE,
LESTER LEWIS: Cobb Superior Court; March term 1928; burglary; 3 to 5 years; recommended by the judge; paroled August 26, 1929.
CLYDE HOOD: Cobb Superior Court; July term 1927; misdemeanor and burglary; 12 months and 2 to 5 years; recommended by prosecutor, trial judge and solicitorgeneral; paroled September 12, 1929.
RUFUS GANT: Jenkins-Superior Court; March term 1922; manslaughter; 10 to 20 years; recommended by court and county officials, the trial judge, solicitor-general and county commissioners; paroled September 12, 1929.
LULA JACKSON: Fulton Superior Court; May term 1927; assault with intent to murder; 2 to 3 years; served with good prison record since February 22, 1928; paroled September 26, 1929.
HARRY LANGFORD: Fulton Superior Court; June term 1928; robbery; 20 years; recommended by county physician, trial judge and solicitor; paroled September 26, 1929.
OTIS DARNELL: Hall Superior Court; July term 1920; murder; life; recommended by county officials, special prosecuting attorney, Judge W. B. Sloan and trial judge; paroled September 26, 1929.
WILLIS GLAZE: Jackson Superior Court; February term 1923; murder; life; prison record good; attorney who assisted the State in prosecution makes an affidavit that he is convinced that Glaze was not responsible for the death of the deceased but that it was due to the act of one of the other defendants; paroled October 3, 1929.
ALVIN RIDER: Lumpkin Superior Court; October term 1927; voluntary manslaughter; 5 to 7 years; recommended by county officials, jurors and a large number of citizens; paroled October 3, 1929.
AMOS McGILL: Worth Superior Court; November term 1919; murder; life imprisonment; recommended by
FRIDAY, JuNE 26, 1931.
87
Jurors, citizens and county officials; paroled October 10, 1929.
OLIN RAY: Gilmer Superior Court; May term; murder; life; recommended by judge and solicitor-general; paroled October 10, 1929.
NEEHAM COLLINS: Tattnall Superior Court; July adjourned term 1920; murder; life imprisonment; recommended by county officials and many citizens; paroled October 10, 1929.
E. D. FLYNN, ALIAS ED CHISHOLM: Fulton Superior Court; July term 1928; larceny of auto (2 cases); 2 to 3 years and 12 months, all concurrent 2 to 3 years; recommended by judge and solicitor-general; paroled October 21, 1929.
ADAM BARRS: Cook Superior Court; February term 1928; voluntary manslaughter; 3 to 5 years; recommended by presiding judge; paroled October 22, 1929.
FREDDIE GOBLE: Gilmer Superior Court; May term; murder; life; served with good prison record since May 22, 1922; parole was recommended for Olin Ray, a co-defendant; paroled October 24, 1929.
WILLIE WILLIAMS: Worth Superior Court; February term 1922; murder; life; served with good record since February 23, 1922; paroled October 24, 1929.
JOHN MORGAN: Whitfield Superior Court; October
term 1919; murder; life; served with excellent prison record
since January 14, 1920; recommended by solicitor-general;
paroled October 24, 1929.
GEORGE STEEDLEY: Pierce Superior Court; November term 1926; voluntary manslaughter; 4 to 15 years; recommended by citizens, trial jurors, grand jurors, etc., and brother of deceased man; paroled October 31, 1929.
88
JouRNAL OF THE HousE,
BRAG BRYAND: Dooly Superior Court; November term 1920; murder; life; recommended by judge, solicitorgeneral and jurors; paroled November 7, 1929.
CHARLIE WATKINS: Laurens Superior Court; October term 1927; involuntary manslaughter; 1 to 2 years; served since January 23, 1928, with good prison record; paroled November 8, 1929.
\V. M. DRAYTON: Richmond Superior Court; November term 1916; murder; life; recommended by presiding judge; paroled November 12, 1929.
D. A. DAVE GOLDIN: Haralson Superior Court; July adjourned term 1927; assault to murder; 2 to 5 years; recommended by trial judge and solicitor-general; paroled November 21, 1929.
HOBSON VICKERY: Hart Superior Court; December adjourned term 1924; manslaughter; 10 to 15 years; recommended by jurors, county officials and many citizens who are familiar with the history of the case; paroled November 27, 1929.
MARK (MARTIN) ROBE;RSON: Bartow Superior Court; July term 1928; burglary; 2 to 3 years; applicant has served since July 23, 1928, with good prison record; paroled December 3, 1929.
ALFRED E. BROOKS, ALIAS CLAUD B. LANE: Fulton Superior Court; September term 1928; larceny of auto; misdemeanor; 2 to 3 years; 12 months; 2 to 3 years concurrent; recommended by solicitor-general, the judge, the prosecutor, county commissioners and a large number of citizens; paroled December 4, 1929.
CALVIN RAY: Haralson Superior Court; July term 1926; voluntary manslaughter; 7 to 10 years; served since October 7, 1926, with good prison record; paroled December 4, 1929.
FRIDAY, JuNE 26, 1931.
89
CORNELIUS WEEMS: Spalding Superior Court; June term 1925; burglary; 7 to 10 years; served since June 1925 with good prison record; paroled December 5, 1929.
HARLEY G~DY: Washington Superior Court; March term 1919; murder; life; served since March 21, 1919, with good prison record; paroled December 5, 1929.
P. E. WEBB: Newton Superior Court; October term 1920; murder; life; recommended by jurors, the sheriff and many well known citizens; paroled December 10, 1929.
JIM SCOTT: Rockdale Superior Court; October term 1917; 20 years; manslaughter; served more than nine years, and recommended by all county officers; paroled December 12, 1929.
JOHN A. ALFORD: Treutlen Superior Court; February term 1919; murder; life; served since March 10, 1919, with good prison record; paroled December 13, 1929.
E. R. LUFFMAN: Gordon Superior Court; May adjourned term 1927; murder; life; recommended by trial judge and solicitor-general; paroled December 19, 1929.
JAMIE BUFFINGTO~: Jackson Superior Court; October term 1927; robbery; 5 to 10 years; applicant has served since October 24, 1927, with good prison record; paroled December 19, 1929.
LEE KIN~EY: Fulton Superior Court; :\lay term 1927; involuntary manslaughter; 2 to 3 years; recommended by trial judge, county commissioners of Troup County where he has served and a large number of citizens of Jackson County; paroled December 19, 1929.
SAM REESE: Jasper Superior Court; August term 1921; murder; life; recommended by tri,al judge and solicitorgeneral; paroled December 19, 1929.
SAM ZACHRY: Coweta Superior Court; March term 1926; larceny of cow and horse; 1 years and 2 years; served
90
JouRNAL OF THE HousE,
with good prison record since March 5, 1926;. paroled December 19, 1929.
BUS COOK: Wilcox Superior Court; July adjourned term 1928; manslaughter; 3 to 5 years; paroled January 2, 1930.
WILLIE TAYLOR: Laurens Superior Court; October adjourned term 1928; hog stealing; 2 years; recommended by prosecutor, solicitor and county officials as well as presidingjudge; paroled January 30, 1930.
FRANK W. WHITE: Fulton Superior Court; October term 1928; embezzlement; 2 to 5 years; recommended by trial judge, solicitor-general and prosecutor; paroled January 31, 1930.
ED GLENN: DeKalb Superior Court; October special term 1925; voluntary manslaughter; 10 to 15 years; application endorsed by good citizens and is not opposed by the solicitor's office; paroled February 6, 1930.
SE.-\B SEARCY: Baker Superior Court; January term 1928; voluntary manslaughter; 5 to 8 years; recommended by grand jurors, county officials, trial judge and others; paroled February 6, 1930.
MARION HILL: Muscogee Superior Court; February term 1925; voluntary manslaughter; 11 to 15 years; served since February 1, 1926, with good prison record; paroled February 6, 1930.
Wm. E. HOGG: Lowndes Superior Court; November term 1928; larceny after trust; 2 years; recommended by trial judge and solicitor-general; paroled February 6,1930.
l\lOLLIE NORWOOD: Dodge Superior Court; December term 1919; murder; life imprisonment; recommended by solicitor-general; paroled February 6, 1930.
STEVE SIMMONS: Terrell Superior Court; May term 1919; murder; life; served with good prison record since June 24, 1919; paroled February 27, 1930.
FRIDAY, JuNE 26, 1931.
91
MAG McGIRT: Emanuel Superior Court; April term 1928; assault to murder; 2 to 3 years; recommended by trial jury, trial judge, solicitor-general, and others; paroled February 27, 1930.
LESTER LEON FOWLER: Fulton Superior Court; July term 1928; larceny of auto; 2 to 3 years; recommended by trial judge and solicitor-general; paroled March 6, 1930.
KING GREEN, ALIAS ARCH PETERSON: Decatur Superior Court; May term 1921; murder; life; recommended by judge and solicitor-general; paroled March 7, 1930.
ED LEE MORRIS: Fulton Superior Court; August term 1926; assault to murder; 3 to 5 years; recommended by a large number of citizens, including jurors; paroled March 20, 1930.
DOCK GRIGGS: Gilmer Superior Court; May term 1927; burglary and misdemeanor; 12 months, 12 months and 2 to 4 years; recommended by trial judge; paroled March 20, 1930.
LOUIS PHILLIPS: Treutlen Superior Court; August term 1924; murder; life; previous history of difficulties in community which led up to the applicant's church difficulty and to his drinking produced an alcoholic condition which caused him to commit murder, and on account of his chronic alcoholic condition he did not know what he was doing or the effect of the crime that he committed as to right and wrong; paroled March 20, 1930.
J. FRED EDWARDS: Talbot Superior Court; March term 1919; murder; life imprisonment; recommended by trial judge; paroled March 20, 1930.
GROVER ISON: Spalding Superior Court; November term 1922; murder; life; recommended by trial judge; paroled March 20, 1930.
92
JouRNAL OF THE HousE,
LEE BENTON: Muscogee Superior Court; August term 1923; murder; life; recommended by trial judge and solicitor-general; paroled March 27, 1930.
J. W. CURRAN: Fulton Superior Court; June term
1927; larceny of auto; 5 years; recommended by prosecutors and trial judge; paroled April 10, 1930.
BUSTER SHACKLEFORD: Fayette Superior Court; December term; burglary; 5 to 10 years; recommended by judge and solicitor-general; paroled April 10, 19:10.
CLATE WHITE: Quitman Superior Court; March term 1928; burglary; 3 to 5 years; served since March 19, 1928, with good prison record; paroled April 17, 1930.
\VILL LEWIS: Muscogee Superior Court; November term 1921; assault to murder; 10 years; recommended by trial judge; paroled April 21, 1929.
GOLDEN CLARK: Fulton Superior Court; December term 1927; misdemeanor and larceny; 12 months; 1 to 2 and 1 to 2 years; recommended by trial judge and solicitorgeneral; paroled l\Iay 1, 1930.
\VILL JOHNSO~: Randolph Superior Court, May term 1922; murder; life; recommended by 8 of trial jurors, being all of the jury now in the State, and by the prosecutor, a kinsman of the dead man; paroled May 1, 1930.
ROBERT \VILLIAMS: Gordon Superior Court; February term 1929; burglary; 2 years; recommended by prosecutor and the trial judge as well as the solicitor-general; paroled May 1, 1930.
l\1ELTO~ WILSO~: Fulton Superior Court; November term 1928; burglary; 2 years; recommended by a number of citizens and officials; paroled May 1, 1930.
GARLAND GIGNILLIAT: Fulton Superior Court; September term 1927; larceny of automobile; 2 to 3 years; recommended by trial judge and arresting officer; paroled May 1, 1930.
FRIDAY, JuNE 26, 1931.
93
CLYDE POPE: Fulton Superior Court; November term 1928; burglary; 2 years; recommended by a number of citizens and officials; paroled May 1, 1930.
GEORGE CAMPBELL: Fulton Superior Court; September term 1925; burglary;. 3 to 5 years and 2 to 5 years; recommended by the judge and solicitor-general; paroled May 8, 1930.
FRED COWART: Miller Superior Court; April term 1925; mayhem; life; recommended by a large number of prominent citizens, including lawyers, State and county officials, members of the Assembly, a member of Congress, bankers, editors, and many others; paroled May 12, 1930.
\VILLI WILLIAl\1S: Habersham Superior Court; November term 1927; voluntary manslaughter; 4 to 20 years; served since June 25, 1928, with good prison record; lost leg since entering service; paroled June 19, 1930.
;\lORY BUFFI::\GTON: Jackson Superior Court;
February term 1927; robbery; cl.% to 10 years; recommended
by cashier of bank robbed and solicitor-general and large number of citizens; paroled June 19, 1930.
ROBERT F. DEYOU~G: Fulton Superior Court; July term 1928; larceny of auto; 1 to 5 years in 3 cases consecutive; recommended by trial judge; paroled June 19, 1930.
FRA~K R-\TES: Fulton Superior Court; February term 1919; murder; life; in view of extenuating circumstances under which the murder was committed, and on account of the services rendered the State during the vVorld War in caring for the sick, and his efforts to prevent convicts from escaping I feel that he is due some consideration; paroled June 19, 1930.
W. J. BASSETT: Upson Superior Court; July adjourned
term 1927; assault to murder; 4 years; recommended by trial judge; paroled June 19, 1930.
94
JouRNAL OF THE HousE,
CHARLIE SMITH: Union Superior Court; October term 1927; burglary; 7 years; recommended by trial judge~
solicitor-general and prosecution; paroled June 23, 1931.
JACK SAULS: Union Superior Court; October term 1927; burglary; 7 years; recommended by trial judge, solicitor-general and prosecution; paroled June 23, 1930.
ELMER FUTCH: Evans Superior Court; April adjourned term 1928; larceny; 3 years; favored by a large number of citizens where the crime was committed, and the petition in his behalf is filed by the board of commissioners of Jasper County where he served because of his good record; paroled July 10, 1930.
C. H. BAXTER: Fulton Superior Court; January term 1928; forgery; 3 to 7 years; began service January 17, 1929, and served since that time with good prison record; paroled July 17, 1930.
HENRY FELDER, JR.: Dooly Superior Court; August term 1915; murder; life; recommended by board of county commissioners of Candler County where he served, by warden, a large number of citizens and the solicitor-general; paroled July 17, 1930.
DOTY PALMER: Clay Superior Court; spring term 1908; murder; life; recommended by county officials of Dooly County and a number of citizens, long faithful service and good record coupled with his physical condition; paroled July 17, 1930.
JOHN ODUM: Putnam Superior Court; September term 1925; voluntary manslaughter; 15 years; recommended by trial judge and solicitor-general; paroled July 17, 1930.
OLIN MOORE: DeKalb Superior Court; :\larch term 1929; burglary; 2 years; recommended by trial judge and solicitor-general; paroled July 17, 1930.
FRIDAY, JUNE 26, 1931.
95
TOM MITCHELL: Worth Superior Court; December term 1917; murder; life; recommended by a number of citizens, including county officials and the judge and solicitor; paroledJuly24, 1930.
JIMMIE McDONALD: Baker Superior Court; January term 1927; manslaughter; 12 to 15 years; recommended by jurors, county officials, a large number of citizens and trial judge; paroled July 24, 1930.
JOHN BRADLEY: Walker Superior Court; June term
1928; perjury; 4 years; recommended by all of the trial
jurors, by warden, ordinary, trial judge and solicitor-
general; paroled July 24, 1930.
JA~1ES VERHINE: Fulton Superior Court; January term 1929; forgery; 2 to 3 years in 4 cases concurrent; recommended by trial judge and solicitor-general; paroled July 31, 1930.
LON HUMPHRIES: Hall Superior Court; May term 1926; larceny of auto and burglary; 3 to 4 years and 2 to 3 years; recommended by prosecutor, judge and solicitorgeneral; paroled July 31,1930.
BUCK SIMMONS: Brantley Superior Court; August term 1928; burglary; 3 to 5 years; recommended by county officials, Senator Courson and others; paroled July 31, 1930.
JOHN W. WALKER: Murray Superior Court; November term 1923; murder; life; recommended by trial judge and solicitor-general; paroled August 7, 1930.
CHARLIE PUTNAM: Habersham Superior Court; August term 1920; murder; life; recommended by trial judge and a number of citizens; paroled August 7, 1930.
BEN JORDAN: Glynn Superior Court; May term 1919; murder; life; served with good prison record; recommende.d by a large number of citizens of Glynn County where the crime was committed; paroled August 7, 1930.
96
JouRNAL OF THE HousE,
WILL B. SALTER: Washington Superior Court; September term 1927; manslaughter; 15 to 20 years; recommended by county physician, county officers and the trial judge; paroled August 7, 1930.
DAVID PRUITT: Fulton Superior Court; January term 1916; murder; life imprisonment; recommended by solicitor-general; paroled August 14, 1930.
LUCIUS HALL, ALIAS LUKE HALL: Lee Superior Court; November term 1927; voluntary manslaughter; 15 to 20 years; recommended by solicitor-general; paroled August 14, 1930.
WILLIE TANKSLEY: Richmond Superior Court; January term 1929; burglary; 5 to 7 years; recommended by solicitor-general; paroled August 14, 1930.
TOM SCOTT: Johnson Superior Court; October special term 192:!; voluntary manslaughter; 10 to 15 years; recommended by trial judge and solicitor-general, mitigating circumstances; paroled August 15, 1930.
LEWIS McCOY: Houston Superior Court; October term 1923; murder; life; recommended by solicitor-general; paroled August 21, 1930.
W. P. NEAL: Fulton Superior Court; October term 192-1; burglary; 1 to 5 years in 6 cases; recommended by trial judge and solicitor-general; paroled August 26, 1D30.
C. H. BOZEMAJ\'": Bleckley Superior Court; January term 1920; murder; life; evidence showed he was defending himself; Dr. Mobley stated applicant was unable to work; paroled August 28, 1930.
WILL GIVE~S: l\lclntosh Superior Court; July term 1921; murder; life; recommended by a number of citizens, some jurors and Judge Saxton Daniel; paroled August 28, 1930.
LEE O'NEAL: Toombs Superior Court; February term 1925; voluntary manslaughter; 8 to 10 years; recommended
FRIDAY, JuNE 26, 1931.
97
by jurors, citizens and a large number of officials of the count.y as well as the presiding judge; paroled August 28, 1930.
RICHARD BENTLEY: Columbia Superior Court; September term 1920; murder; life; recommended by judge, solicitor-general and jurors; paroled August 28, 1930.
JOHN LEWIS: Floyd Superior Court; October term 1923; manslaughter; 12 to 15 years; served with good prison record since June 6, 1924; paroled September 4, 1930.
HARD SIRMONS: Berrien Superior Court; August term 1929; cattle stealing; 2 to 3 years; recommended by a number of grand jurors, representative in Legislature, many citizens, sheriff of the county, solicitor, and trial judge; paroled September 4, 1930.
BUD SIRMONS: Berrien Superior Court; August term 1929; cattle stealing; 2 to 3 years; recommended by a number of grand jurors, representative in Legislature, many citizens, sheriff, solicitor and trial judge; paroled September 4, 1930.
FRANK GILLESPIE: Fulton Superior Court; January term 1927; voluntary manslaughter; 10 to 20 years; recommended by citizens, trial judge, members of grand jury, county officials, members of Supreme Court and Court of Appeals and others; paroled September 4, 1930.
WALTER PHILLIPS: Treutlen Superior Court; August adjourned term 1928; simple larceny; 2 to 4 years; recommended by jurors, judge and solicitor; paroled September 4, 1930.
ROY WILEY: Fulton Superior Court; July term 1927;
misdemeanor and assault to murder; 12 months and 5 to 7 years; recommended by Judge Virlyn B. Moore and Judge
John D. Humphries; p::>roled September 5, 1930.
REED STANDRIDGE: Fannin Superior Court; October term 1928; burglary; 2 to 5 years; endorsed by a num-
98
JOURN.'< L OF THE Housz,
her of citizens, including county officials and trial judge; paroled September 11, 1930.
JENNINGS BRYAND DODSON, ALIAS JACK D. DODSON, ALIAS JIM EVERETT: Fulton Superior Court; March term 1926; burglary; 5 to 7 years; recommended by two wardens and several guards under whom he has served, and the trial judge; paroled September 11, 1930.
JOE HARBIN: Cobb Superior Court; March term 1926; larceny; 3 to 5 years; good record, poor physical condition favored by prosecutor, county officials, trial judge and solicitor; paroled September 18, 1930.
GROVER INGRAM: Campbell Superior Court; August term 1929; making liquor; recommended by arresting officers of Campbell County and trial judge; paroled September 16, 1930.
TOM GREEN: Monroe Superior Court; November term 1928; burglary; 20 years; recommended by prosecutor and judge; paroled September 25, 1930.
EDWIN L. THOMAS: Toombs Superior Court; February term 1928; embezzlement and making false entries; 3 to 6 and 2 to 5 years concurrent; recommended by judge and jurors; paroled September 25, 1930.
ANDERSON EVANS: Fulton Superior Court; December term 1927; voluntary manslaughter; particularly good record; paroled September 25, 1930.
MARVIN CALLOWAY: Fulton Superior Court; March term 1920; murder; life imprisonment; extreme youth, strong recommendation of trial judge and others, illness of his mother who has cancer; paroled September 30, 1930.
HAYWOOD BOB: Decatur Superior Court; January term 1914; murder; life imprisonment; recommended by tria! judge; paroled October 2, 1930.
FRIDAY, JuNE 26, 1931.
99
CURTIS DEW: Webster Superior Court; October term 1918; murder; life; served more than ten years with good prison record; paroled October 30, 1930.
WILLIE EVANS AND HENRY LAWSON: Turner Superior Court; October term 1929; simple larceny; 2 to 3 years; recommended by judge who tried cases and others paroled November 6, 1930.
FRAZIER SAMS: Bleckley Superior Court; January term 1919; murder; life; recommended by many prominent citizens and officials and solicitor; paroled November 6, 1930.
DIDLEY BRYANT: Hall Superior Court; July term; voluntary manslaughter; 3 to 5 years; favored by a number of citizens, jurors who tried the case, kinspeople of deceased, trial judge and solicitor; paroled November 13, 1930.
MAYFIELD SPIERS: Jefferson Superior Court; May adjourned term 1928; making liquor; 2 to 4 years; recommended by judge who tried case; paroled November 13, 1930.
ROY THOMAS: Cobb Superior Court; November term 1928; burglary; 3 to 5 years; recommended by trial judge and solicitor; paroled November 13, 1930.
E. F. LIVINGSTON: Laurens Superior Court; July term 1918; murder; life; recommended by large number of citizens, convict warden's, county officials and solicitor as well as judge; paroled November 26, 1930.
J. E. McDONALD: Bleckley Superior Court; January
term 1924; murder; life; record good; endorsed by large number of citizens, officers of Henry County where serving, a number of citizens of Bleckley County where crime was committed; paroled December 4, 1930.
JOHN SMITH: Oglethorpe Superior Court; November adjourned term 1915; murder; life; recommended by jurors,
100
Jo{;RNAL oF THE HoGsE,
grand jurors, county officials, citizens and warden; paroled December 4, 1930.
WHITT BANKS: Charlton Superior Court; October term 1929; burglary; 2 to 4 years; recommended by trial judge; paroled 1930.
W. C. MITCHELL: Chatham Superior Court; March term 1929; forgery; 2 to 3 years; recommended by solicitor-general and prosecutrix; paroled De.:ember 17, 1930.
JAMES WYATT: Fulton Superior Court; August term 1923; assault to murder; 8 to 10 years; recommended by person assaulted and by _s_olicitor; paroled December 18, 1930.
ROY DEAN: Gilmer Superior Court; spring term 1929; 12 months and 2 to 5 years; recommended by tax collector, clerk of Superior Court, former warden, ordinary, prosecutor and others; paroled December 18, 1930.
C. G. CHURCHILL: Fulton Superior Court; March term 1926; voluntary manslaughter; 10 to 15 years; recommended by a great number of citizens of Fulton, Bibb and some in Mitchell; paroled December 18, 1930.
WILL VANN: Floyd Superior Court; July term 1928; assault to murder; 2 to 4 years; recommended by solicitor who tried case and trial judge; paroled December 18, 1930.
ABRAM SIKES: Tattnall Superior Court; July adjourned term 1920; murder; life; recommended by trial jurors, large number of citizens including county officials, solicitor and Hon. Saxton Daniel, now judge; paroled December 22, 1930.
OLIN MOYE: Harris Superior Court; July term 1922; murder; life; recommended by citizens, officials, trial judge and solicitor; paroled December 22, 1930.
WILLIE, ALIAS "LITTLE BIT", WALKER: Pike Superior Court: November term 1928; misdemeanor and
FRIDAY, JuNE 26, 1931.
101
shooting at another; 12 months and two years; recommended by trial judge and solicitor; paroled January 15, 1930.
LEWIS 0. LIGHTFOOT: Chatham Superior Court; March term 1925; murder; life; recommended by jurors, citizens, officials and solicitor; judge offers no objection; paroled January 15, 1930.
MAJOR BYIRD: Candler Superior Court; August adjourned term 1922; murder; life; recommended by jurors, citizens, county officials, trial judge and solicitor; paroled January 15, 1930.
FRED SHEPPARD: Fulton County and Crawford County Superior Court; January term 1924; larceny; escape; burglary; 3 to 5 years; 4 years and 4 years; recommended by solicitor-general; paroled January 23, 1930.
JIM JONES, ALIAS BABE JONES: Troup Superior Court; August term 1918; murder; life imprisonment; recommended by trial judge; paroled January 29, 1930.
WALTER MOORE: Bulloch Superior Court; October term 1921; manslaughter; 19 to 20 years; recommended by trial judge, solicitor, jurors, county officials and many others; paroled January 30, 1930.
BROWN DREWERY: Jones Superior Court; October term 1919; murder; life; recommended by eleven of the jurors, prosecutor, solicitor and trial judge; paroled February 5, 1931.
ALBERT (A. B.) PEAVY: Laurens Superior Court; October adjourned term 1926; assault to murder; 7 years; recommended by prosecutor, solicitor and trial judge; paroled February 5, 1931.
JAMES JULIAN JOYNER: Chatham Superior Court; June term 1923; robbery; 6 to 20 and 4 to 5 years; recommended by judge, very young, made good record; paroled February 13,1931.
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GLENN STEPHENSON: Catoosa Superior Court; August term 1927; burglary; 7 years; recommended by trial judge, solicitor and citizens generally; paroled February 19, 1931.
GEORGE SIKES: Tattnall Superior Court; November term 1920; murder; life; recommended by Judge Daniel who was solicitor in trial of case; paroled February 19,1931.
DOSIE LEE WOOD: Talbot Superior Court; September term 1925; voluntary manslaughter; 18 to 20 years; recommended by a number of citizens including county officials, warden and solicitor; paroled February 19, 1931.
MELVIN LANCASTER AND WILLIE TURNER: Jeff Davis Superior Court; December adjourned term 1929; simple larceny; 2 years; recommended by jury, number of citizens and special prosecuting attorney; paroled February 27, 1931.
T. H. (TOOMER) PIERCE: Campbell Superior Court; August term 1929; assault to murder, attack on wife; 4 to 7 years; recommended by wife and her mother and father and brothers; also by Mrs. Pierce who was assaulted, by county officials and Judge of Superior Court as well as the solicitor; paroled February 27, 1931.
MITCHELL ROBINSON: Laurens Superior Court; July term 1920; murder; life imprisonment; recommended by trial judge and solicitor; paroled February 27, 1931.
A. H. (JAKE) SANFORD: Whitfield Superior Court; October term 1924; bigamy; 4 to 8 years; recommended by present judge, Hon. C. C. Pittman, who was solicitor prosecuting case, and by Judge Tarver who tried case; paroled February 27, 1931.
R. R. HARRIS: Brantley Superior Court; January term 1923; murder; life; recommended by many citizens and officials and solicitor; paroled March 4, 1931.
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WILL GREEN: Screven Superior Court; November term 1913; murder; life; recommended by trial jury as well as other citizens; paroled March 5, 1931.
RICE M. PORTER: Spalcijng Superior Court; July adjourned term 1929; voluntary manslaughter; 12 to 14 years; on account of his physical condition; paroled March 5, 1931.
ROBERT LEE CARR: Laurens Superior Court; October adjourned term 1928; assault to murder; 7 years; recommended by prosecutor and trial judge; paroled March 5, 1931.
HENRY WOOD: Bibb Superior Court; November term 1928; bigamy and false swearing; 2 years and 3 years; recommended by officials under whom he worked, Congressman Vinson, trial judge and solicitor; paroled March 6, 1931.
WILLIE JONES: Bibb Superior Court; February term 1920; murder; life; recommended by trial jurors and solicitor; paroled March 12, 1931.
GAINES LASTINGER: Coffee Superior Court; February term 1927; murder; life; recommended by jurors, grand jurors, county officials, solicitor and judge; paroled March 12, 1931.
BERNARD H. RAWLS: Chatham Superior Court; June term 1924; murder; life imprisonment; recommended by many citizens of Laurens, Screven and Richmond counties where he is well known, including a Superior Court judge, a solicitor, county officials of several counties and others; paroled March 18, 1931.
ALTON PAYNE: Cherokee Superior Court; December adjourned term 1925; manslaughter; 9 to 12 years; served with good prison record since 1926; recommended by judge; paroled March 20, 1931.
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MURPHY HENRY: Chattahoochee Superior Court; March term 1916; murder; life imprisonment; served nearly twelve years with good conduct; recommended by a large number of citizens; paroled March 20, 1931.
J. D. (JOHN) PHILLIPS: Tattnall Superior Court;
October term 1927; robbery; 4 to 6 years; recommended by jury, county officials and warden and judge; paroled March 23, 1931.
FRANCIS BERRYHILL: Fulton Superior Court; February term 1920; murder; life; good record; served for more than 10 years; recommended by trial judge about 3 years ago; paroled March 26, 1931.
BEN KNIGHT: Screven Superior Court; November term 1925; manslaughter; 15 to 20 years; served since November 1925 with good record; recommended by trial judge, solicitor, citizens of community in which crime occurred; paroled March 26, 1931.
TOM JOHNSON: Jenkins Superior Court; January
term 1921; burgla.ry; 10 to 15 years; good prison record;
recommended by trial judge and solicitor; paroled March
26, 1931.
.
JOE ROWLAND: Wilcox Superior Court; March term 1920; murder; life; recommended by numerous officials, jurors, trial judge and solicitor; paroled March 26, 1931.
W. S. KIRKPATRICK: Dodge Superior Court; May term 1923; manslaughter; 12 to 18 years; recommended by trial judge, solicitor, county officials and citizens; paroled March 26, 1931.
H. P. LUMPKIN: Fulton Superior Court; December term 1928; voluntary manslaughter; 5 to 8 years; recommended by his former employers who give him an excellent reputation prior to his conviction; paroled April 9, 1931.
ANDREW SMITH: Coweta County Superior Court; September term 1925; voluntary manslaughter; 10 years;
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105
recommended by large number of citizens, including warden, county commissioner, county officials, solicitor-general, judge of City Court and many others; paroled April 9, 1931.
FRED BROWN: Habersham County Superior Court; November term 1926; murder; life; recommended by large number of citizens, county officials, representative of Habersham County, trial judge and solicitor-general; paroled April 9, 1931.
HENRY HARDEN: Washington County Superior Court; September term 1929; burglary; 4 to 5 years; recommended by the chairman of the board., the clerk of the Superior Court, by the warden and trial judge; paroled April 9, 1931.
LEWIS SAURA: Chatham County Superior Court; February term 1927; burglary; 19 to 20 years; has served with excellent record; recommended by acting solicitorgeneral and the solicitor-general; paroled April 11, 1931.
W. C. BOYD: Dooly County Superior Court; May term 1928; incestuous adultery; 10 to 15 years; recommenckd by the solicitor-general, and on account of low mentality; paroled April16, 1931.
LEE CONNALLY: Fayette County Superior Court; December term 1928; burglary; 4 to 7 years; recommend.ed by the trial judge, solicitor-general and the prosecutor; paroled April 15, 1931.
WILL HAYGOOD: Oglethorpe County Superior Court; September term 1919; murder; life; recommended by numerous officials, including tax receiver, road commissioner, sheriff, judge of City Court, clerk of Superior Court, tax collector, a majority of the jury and solicitor-general; paroled April16, 1931.
LAWRENCE WATKINS: Gilmer County Superior Court; May term 1929; robbery; recommended by the trial judge; 6 to 8 years; paroled April16, 1931.
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TILLMAN PULLEN: Emanuel County Superior Court; January term 1930; robbery; 2 to 4 years; recommended by the judge, solicitor-general, county officials, representative and senator; paroled April16, 1931.
RAYMOND GRANT: Glynn County Superior Court; Decemher term 1929; forgery; 2 to 3 years; recommended by the solicitor-general and the prosecutrix; paroled April 23, 1931.
F. F. WINGATE: Wayne County Superior Court; November term 1929; simple larceny; 2 to 3 years; his service record is good; the solicitor-general has no objection to parole; paroled April 28, 1931.
WILL ROWE: Tift County Superior Court; fall term 1928; robbery; 10 to 12 years; recommended by Dr. W. H. Hendricks, county physician; paroled May 1, 1931.
JESSE MOYE: Screven County Superior Court; November term 1923; manslaughter; 19 to 20 years; recommended by officials of Screven County, including the prosecutor; H. B. Strange, trial judge, and acting solicitor, Hon. H. A. Boykin; paroled May 7, 1931.
MACK REESE: Laurens County Superior Court; July term 1923; murder-; life; recommended by county officials, jurors, the judge and solicitor-general; paroled May 7, 1931.
J. C. HORSLEY: Troup County Superior Court; January term 1929; embezzlement; 5 to 7 years; recommended by a number of reputable citizens; paroled May 7, 1931.
HENRY WHITE: Richmond County Superior Court; January term 1926; burglary; 2 years in each case; recommended by trial judge and solicitor-general; paroled May 9, 1931.
MITCH JONES: Thomas County Superior Court; April term 1920; murder; life; recommended by a large number of high type citizens; paroled May 18, 1931.
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107
HENRY BAILEY, ALIAS SUN ROSE: Bibb County Superior Court; January term 1928; voluntary manslaughter; 5 to 7 years; prison record is good; recommended by the solicitor-general; paroled May 19, 1931.
WILLIE GREEN BROWN: Dooly County Superior Court; February term 1929; rape; 5 years; recommended by solicitor-general, grand jury, the trial judge being dead; paroled May 21, 1931.
WILL LUMPKIN: Berrien County Superior Court; September term 1920; murder; life; recommended by judge and solicitor-general; paroled June 17, 1931.
J. D. TROTTER: Coweta County Superior Court; March term 1930; simple larceny; 2 to 5 years; recommended by judge, solicitor, county officials and prosecutor; paroled June 18, 1931.
JOHN GAMBLE: Gwinnett County Superior Court; December term 1920; murd~r; life; evidence shows there is room for doubt as to the guilt of the applicant; paroled June 18, 1931.
HOMER REID: Bibb County Superior Court; April term 1928; assault to murder; 2 to 3 years; recommended by trial judge, solicitor-general, officials and citizens; paroled June 18, 1931.
C. F. REID: Bibb County Superior Court; April term 1928; assault to murder; 5 years; recommended by the trial judge, solicitor-general, officials and citizens; paroled June 18, 1931.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker: The Senate has passed by the reqmstte constitutional
majority the following resolution of the Senate, to-wit:
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By Messrs. Neill of the 24th District, Weekes of the 34th District, and West of the 11th District-
A joint resolution commending the efforts and purposes of the American Legislators' Association and the Interstate Legislative Reference Bureau.
The Speaker appointed the following members of the House as a committee on the part of the House to escort the Han. Richard B. Russell, Jr., to the inaugural exercises:
Messrs. Fagan of Peach, Rivers of Wheeler, Kennedy of Lamar, Beasley of Tattnall, Alexander of Chatham, Edwards of Lowndes, Allen of Baldwin, Franklin of Butts, Bland of Stewart.
The hour of convening the joint session of the House and Senate having arrived, the Senate appeared upon the floor of the House, and the joint session, convened for the purpose of hearing a message from His Excellency, the Governor, Hon. L. G. Hardman, was called to order by Han. W. Cecil Neill, President of the Senate.
The following resolution of the General Assembly was read and adopted:
By Messrs. Nelson of Cook, Beasley of Tattnall, Rivers of Wheeler, and McWhorter of the 50th District, West of the 11th District, and others-
A RESOLUTION
Whereas, His Excellency, the Han. L. G. Hardman, because of illness will be unable to address the joint session
FRIDAY, JUNE 26, 1931.
109
of the General Assembly on this date, pursuant to arrangements heretofore made;
Therefore, be it resolved by the General Assembly that His Excellency, the Bon. L. G. Hardman, Governor, be notified by the Clerk of the House of the extreme regret on the part of the General Assembly of the illness of the Governor and his inability to address the joint assembly today, and express for him a sincere wish for his speedy recovery.
Resolved further, that the Secretary of the Senate be requested to read the Governor's message.
The following message was received and read by the Clerk of the House:
MESSAGE TO THE GENERAL ASSEMBLY
MR. PRESIDENT, l\1R. SPEAKER AND
MEMBERS oF THE GENERAL AssEMBLY:
This is my closing message to the General Assembly of Georgia; and I wish to express my appreciation of your loyalty and cooperation during the administration just ending, which began in 1927-not only the present legislature, but the preceding ones.
The State of Georgia has thirty-seven million acres of land, with a population of little less than three million, and a citizenship more uniform than many of the states in the Union-a type of citizenship that is looking to the welfare of the State as a whole. Her resources in agriculture, manufacturing, water power, minerals, forestry, climate and geographical location as relates to other states-with both mountains and sea-make her very attractive. Her advancements in building, in educational programs and in good roads have made a striking improvement over other methods and plans; and these opportunities, which have come to her by reason of the study of materials and construction in other states, have made it possible for her to attain to these more advanced steps. I believe within the next five
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years the State of Georgia will be equal, if not the leader of other states in progressive transportation, education, forestation and utilization of her powers for the manufacture, consumption and distribution of her various products. At the end of five years she will have paid back theW. & A. Rental discounts, and will practically have completed her roads on the present program-and maintained during this period the upkeep of the public highways. She will have invested two hundred million dollars in highways, and will have contributed on the present basis thirty-five million dollars from the State to the Public Schools.
Beginning in 1936 you will, therefore, find that on the present basis of taxation you will have sufficient funds to give to education more than twelve million dollars a year, and to continue your highway improvement; and there will be available from the gasoline tax-besides maintaining your roads and providing other constructions, a sum of money that could be used for other purposes.
CHIEF EXECUTIVE
It is not always easy to appreciate the responsibility that is placed upon the Chief Executive of a State. We sometimes find that the viewpoint of the politician, who may not have supported the Chief Executive, is more or less suspicious of him and his administration-but I wish to say to you that during my administration, while your views and the views of the previous legislatures may not always have been in harmony with those of the Governor, it has been my desire and effort to cooperate and thereby bring to the State a service to the best of my ability and conscientious conviction.
We are sometimes inclined to criticize the General Assembly, as well as the Chief Executive, and heads of other departments; but I take it that they are all doing their utmost to serve the best interests of the State.
My acts during the four years just passed, I hope have been in keeping with the preamble of the Constitution
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111
of Georgia, which provides for reliance upon the protection and guidance of the God Almighty. It is His guidance and direction that I have sought on all occasions for every interest that has come to me during my administration, to execute the laws on a righteous and just basis for His glory and for the good of the entire citizenship of this commonwealth.
ACCOMPLISHMENTS OF STATE DURING PRESENT ADMINISTRt\TION
It is my opinion that these four years have accomplished much in the State of Georgia-for the advancement of every interest fostered by her. Besides what has been accomplished, there has been brought to us new visions of the needs of the State, which will secure for her iri future legislation many measures that will bring prosperity to her institutions and relieve the burden of the taxpayers of the State. New methods of administration of the affairs of State, I believe, will be enacted. The Chief Executive of the State of Georgia has very limited authority. It is divided into two heads-the executive and administrative. The executive authority is granted the Governor of the State by the Constitution. The administrative authority is placed in him by statutory enactment. It is my opinion that amendments should be made to our Constitution providing our Chief Executive with greater authority; also that additional authority should be provided by statutes for the administration of affairs of State. It is my opinion that he should have these powers and authorities, and that he should be held responsible for the authority placed in him by the people in the execution of the laws. I believe also that he should have the authority to eliminate those whom he appoints, if in his judgment they are not efficient in their duties.
I am convinced that the study of methods of operation of this State, made by Lutz and Searles & Miller, and the Commission appointed by the Governor of Georgia, have brought to us information and understanding that will
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bear much fruit, and make it possible for you to render a greater service to your constituency than at any time in the history of our State; and I most respectfully recommend that you give further study to the reports of the two experts, as well as your own citizens' commission, in your rearrangement and reorganization of the State's affairs. These experts are men of acknowledged ability and experience in the study of conditions in other states-such as Virginia, Illinois, Tennessee, and others.
OPPORTUNITIES OF THE GENERAL ASSEMBLY
It now becomes your responsibility to simplify, economize and make efficient the administration of the affairs of State. You are to be congratulated on the efforts now being put forth to reach these needs; and I predict for this General Assembly a most forward step in harmony with the most advanced methods of handling business affairs. No organization or corporation should have better business methods in the operation of their affairs than a State.
We have in the State of Georgia a number of very strong, capable and efficient business institutions, whose affairs have been so handled as to meet their overhead expenses and secure for their stockholders very satisfactory dividends on their investments. We find these business institutions without debt, and their stocks and bonds commending themselves to the purchasers of securities.
The State of Georgia should have no less efficient methods -on the other hand, as stated, they should be even better; and you will do well to consider the methods of these institutions and apply them to the State in your rearrangement of State departments and institutions.
ATTENTION CALLED TO FORMER MESSAGES
I shall call your attention to several matters, which I most respectfully recommend for your consideration. First, I would request that you refer to my messages given you in 1927 and in 1929, also to the extraordinary session,
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113
which it seems to me furnish the proper basis now upon which legislation should be enacted.
LARGEST INCOME IN 1930 IN SPITE OF PERIOD OF DEPRESSION
In spite of the period of depression, or panic, I further call your attention to the fact that you had the largest income into the State in 1930 of any year in her historya larger sum of money was paid to our common or public schools; to the Highway Department, and to the Confederate Veterans, than in any previous year. So I say, in spite of the depression that exists, the taxpayers have responded to the needs of the State in a most liberal manner.
BUDGET
One of the advancements is the removal from our statutes of the almost useless method of budgeting heretofore presented to the General Assembly-a new budgeting commission being established by your extraordinary session, which furnishes you authority and intelligent information as to the income from all sources in our State, and the distribution of same. This is the only safe and sound basis on which business transactions can be safely operated.
However, as a surgeon or a physician I would say, before you proceed or suggest a procedure, you must make a diagnosis-before you use the knife you must be sure of the condition, because it is a decided step and means life or death-before you prescribe climate or medicine you must know what your disease is, because neglect or lack of proper direction or nursing would result in death. So we must first secure a clear and sure statement of our income and disbursement before taking steps to change them-or apply the surgeon's knife.
Under the budget plan, it seems to me that the purchasing of all material and disbursement under the direction of the Chief Executive would be wise. We are required, under the Budget Act, to stay within the income of the State; and with this in view we found it absolutely neces-
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sary to reduce some of the requests that have been made, since the income of the State-not including the Bus Bill, nor the Sales Tax, is $10,728,000.00 for the years 1932 and 1933, with the requests for 1932 amounting to $13,407,000.00, and for 1933, S13,205,000.00, leaving a deficit for 1932 of $2,500,000.00; and for 1933, $2,600,000.00, provided the total sum asked for be approved.
Since the budget is bound by the law and cannot exceed the income; and since the law provides that the legislative and judiciary departments are to receive their sum, the reduction must come from some other source.
MATTERS OF STATE
The question might be suggested in the reorganization of a state government as to whether it would be wise to eliminate some of the offices elected by the people and place the authority of appointing them in the Governor, creating for him a cabinet out of those elected-those who will cooperate with him in the administration of the affairs of State. This, I take it, does not violate the spirit of democracy, which provides the control of the people; but makes it possible to simplify matters of State and place clearly the responsibility of administration where it belongs. Under our present program instead of having one Executive and Administrative office, you have many; and instead of having one Governor, on this basis, you have many Governors.
U. S. GOVERNMENT DEMANDING REFUND
I call your attention to the fact that the United States Government is demanding a refund of $2,614.14, for tax on Gasoline which has been consumed by the employees of the Government. I recommend this for your study, consideration and proper legislation.
REDISTRICTING
It is necessary under the Constitution of the United States that the State of Georgia rearrange her Congressional
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115
districts-instead of having twelve, she will have -ten. This is the result of her decrease in population; and I call to your attention the fact that this will be one of your duties.
This, however, is no exception in the State of Georgia, for by investigation you will find that other states will lose some of their representatives in Congress by reason of similar conditions. So while this comes to Georgia she is not alone; and I desire to call your attention to the possi hilities of increasing her population by providing legislation that would not burden the farmers of the State, the producers of the wealth of the commonwealth, with taxes-that they be relieved of taxes on their farms and products as far as possible; and that the institutions or financial interests of the State shall provide for revenue to take care of the needs of the institutions and department!; of Georgia.
RELIEF OF DEPRESSION OR PANICKY CONDITIONS
I do not intend to convey the idea that there should be any inequality of the burdens that come upon the citizens of the State, but that those who have received from the citizens of the State large sums of money should contribute their share to the support of the commonwealth. I commend thrift and enterprise of all citizens of the State, but I believe that it is to the interest of those who have accumulated a fortune to contribute largely in the effort to stabilize the low prices and relieve the causes of depression or panicky conditions now existing in Georgia and the nation. By so doing they not only relieve human needs and human suffering, but they make it possible to restore normal business conditions and create for themselves a greater income.
During the recent Governors' Conference at French Lick, Indiana, it seemed to be the expression of the states which have amassed the greatest fortunes that they could only relieve the unemployment and depression, or panicky
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conditions, by providing for the relief of the conditions out of the immense stores of money unused and not bringing in any revenue. This statement, I take it, is not for the purpose of discriminating between classes, but to encourage those who are less fortunate, as well as to make it p::>ssible for those more fortunate to use their immense sums of money.
I do not care to discuss National issues before you, but suggest that you constitute a part of this great Nationthat you have the safety, progress, happiness and prosperity of the Nation as a whole at heart, and that you are interested in seeing that unemployment and depressions are abolished.
The national issues which affect us, as well as every other state, are the prices of farm products and handling of the same through the Farm Board, which it seems to me has proven unsatisfactory and ineffective along that line.
PUBLIC UTILITIES
The Public Utilities have made wonderful contributions to the states and the Nation-to transportation, and every form of activity for the comfort of the masses of the people. They have amassed great fortunes, and it seems in some instances have directed, controlled and dominated the legislation and activities of the states and Nation-and that sooner or later some new method of operation of these public utilities must be reached.
The great water powers and natural products of the earth, such as gas and other utilities, should not be completely removed from the masses of the common people; but the states should maintain to themselves, at least to some degree, these great powers and comforts that belong to the masses of the people.
The State of Georgia recognizes the great contribution made to her by reason of the public-spirited men and their
FRIDAY, JuNE 26, 1931.
117
means in the development of her many Public Utilities; but there seems to be a State's rights and democracy which cries out for those who have been forced to vacate their lands on the basis of public good for the whole, which perhaps is in disguise and not for their benefit at all.
STONE MOUNTAIN
In the suggestion which I now present to you, there seems to me to be the greatest opportunity for making permanent the history of Georgia as it relates not only to Georgia herself, but to the Nation as a whole. We need to develop and bring to our people, as well as to the Nation, the contributions that were made, the occurrences and general events during the American Revolutionary War in our coastal counties; as well as that part of the history of Georgia that relates to another tribe, the Indians, who were found upon this continent when America was discovered.
I wish to suggest for your consideration a study of the entire boundary of Stone Mountain and its area for the purpose of placing on its bosom, on every side, the historic pioneers and great soldiers in the battle of Bloody Marsh and many others in this State-placing thereon the contribution made by the State in the wars that have followed in the interest of humanity, self-government, liberty and righteousness.
I recommend for your consideration the suggestion that in securing this great wonder, Stone Mountain, for this purpose, that there shall be excavated and carved out in its depths permanent record spaces for all records pertaining to this State-if possible furnishing record-grounds for the t.ntire nation.
Such an accomplishment would give to Georgia a world's reputation that would be eternal in its storage of the records. I might here c<dl your attention to the fact that in Indianapolis there is a monument to the heroes, from the beginning of the Revolution to the World War, that is the most
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outstanding contribution to the heroes of all wars it has been my opportunity to witness. Today they have started the operation and expenditure for the erection of buildings for the storing and safe-keeping of records of the World War, which will amount, when completed, to Eight Million Dollars.
In connection with the almost staggering problem of securing Stone Mountain, is the problem of securing Kennesaw Mountain, beyond Marietta, and the National Highway from Kennesaw to Stone Mountain.
Perhaps it is not generally known that the longest battle line during the War Between the States was at Kennesaw Mountain, being ten miles in length, with General Joseph E. Johnston on one side and General William T. Sherman on the other.
I take it now that could these outstanding values of Stone Mountain and Kennesaw Mountain be secured, it would be one of the most valuable possessions that has come to the State in recent times. It is estimated that there are Five Billion Dollars spent annually by tourists-Four Billion by Americans and One Billion by Europeans. So it must be apparent that with the great attractions of the two mountains-with the history of the heroes on the battle grounds of Kennesaw, and with great rooms or space excavated in the body of Stone Mountain (filled with histories of the entire universe), we would be the most outstanding Nation and State in the world-with the only record-ground of its kind in existence; and for this reason would bring visitors from all parts of the world, adding great revenue to our State.
Now, I wish to suggest to you these outstanding, unusual and far-reaching problems, which magnified the great kings and heroes of the world, and in times past were the accomplishments that challenged the manhood of the Nation.
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119
It is these same great and outstanding achievements that could be stored away here in Georgia to stir the souls and hearts of the youth of posterity.
HEALTH PROBLEMS
I wish further to call your attention to the more modern times and to invite your consideration to the study of human problems that relate to the production the highest type of citizenship that can come to our State. I refer to the health problem.
One of the State's greatest burdens is crime, the greatest burden that comes to the entire Nation-there being a cost of over thirteen billion dollars a year for same. It is a matter that must engage your attention, for it is the greatest burden to the people of all other tax burdens combined, besides the intense human suffering that comes by reason of same.
The normal man as a rule is a man free from crime and its tendencies. The abnormal and diseased man is inclined to crime. The mentally defective man and child also have the same tendency. I, therefore, recommend that you provide in your Health Department every means possible for our children to make strong bodies and minds, thereby, eliminating crime.
I would not pass from this subject without calling your attention to the $100,000.00 which the former legislature appropriated for the treatment of cancer; and I urge you to provide for this fund for the prevention and cure of cancer.
I am not bringing to you figures in this message, as you will find by reference to my former messages all figures as relate to the finances of the State of Georgia; but I am bringing to you a vision of the possibilities and what can be accomplished in future legislation in the State of Georgia;
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for it is the vision in human affairs that ts destined to accomplish our every financial success.
I thank you! L. G. HARDMAN, Governor.
June 24, 1931.
Mr. Harris of the 18th District moved that the joint session of the House and Senate do now dissolve, and the motion prevailed.
The President of the Senate announced the joint session of the House and Senate now dissolved.
The House was called to order by the Speaker.
The following resolution of the House was read and adopted:
By Mr. Moye of Randolph-
House Resolution No. 12. A resolution pledging the cooperation and support of the House to the Speaker, and for other purposes.
The following resolution of the House was read:
By Messrs. Nelson of Laurens, Davis of Jackson, and Beaman of DeKalb-
House Resolution No. 13. A resolution that the House stay in continuous session each day except Sundays from 9:00 A. M. to 12:00 o'clock noon, and from 2:00 P. M. to 5:00P.M.
Mr. Lindsay of DeKalb moved that the resolution be tabled, and the motion prevailed.
The resolution was tabled.
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Mr. Thomas of Wayne moved that the House do now adjourn, and the motion prevailed.
Privileges of the floor were granted to Messrs. C. J.
:Bloch and U. T. Winslett of Bibb County.
Leave of absence was granted to Messrs. Rosser of Walker, Mercer of Twiggs, Horne of Lee, Clark of Catoosa, Stone of Early, Brunson of Laurens, McGehee of Talbot, Childs of Taylor, Swain of Warren, Wilkes of Mitchell, Seckinger of Effingham, Davis of Troup, Taylor of Washington, and Wilson of Murray.
The Speaker announced the House adjourned until tomorrow morning, at 10:00 o'clock.
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JouRNAL OF THE HousE,
REPRESENTATIVE HALL, ATLANTA, GA.,
SATURDAY, JuNE 27, 1931.
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.
Mr. Lindsay of DeKalb moved that the call of the roll be dispensed with, and the motion prevailed.
The call of the roll was dispensed with.
Mr. Hardin of Whitfield, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings 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, asked by Mr. Nelson of Cook, the call of the counties for the introduction of new matter was dispensed with.
By unanimous consent, the following bills of the House were introduced, read the first time, and referred to the committees:
By Mr. Carlisle of Bibb and othersHouse Bill No. 42. A bill to require tax collectors to
prorate tax fi. fas. among distinct parcels of land, and for other purposes.
Referred to Committee on General Judiciary No. 2.
SATURDAY, JuNE 27, 1931.
123
By Messrs. Crawford, Davis; and Lanham of Floyd, and others-
House Bill No. 43. A bill revising the State School Code and reorganizing the State Department of Education.
Referred to Committee on Education.
By Messrs. Beaman, Leathers, and Lindsay of DeKalb-
House Bill No. 44. A bill to create a Bureau of Criminal Identification.
Referred to Committee on State of the Republic.
By Mr. Evans of McDuffie and others-
House Bill No. 45. A bill to repeal an Act prohibiting use of steel traps, and for other purposes.
Referred to Committee on Game and Fish.
By Messrs. Lanier and Lester of Richmond-
House Bill No. 46. A bill to amend the Constitution to provide for the retirement of Judges of the Court of Appeals.
Referred to Committee on Amendments to Constitution.
By Messrs. Lanier and Lester of Richmond-
House Bill No. 47. A bill to amend the Constitution to provide for the retirement of Justices of the Supreme Court.
Referred to Committee on Amendments to Constitution.
By Mr. Dorsett of Carroll-
House Bill No. 48. A bill to repeal an Act providing for indeterminate sentences, and for other purposes.
Referred to Committee on General Judiciary No. 2.
124
JouRNAL OF THE HousE,
By Messrs. Maynard of Sumter and Allen of Baldwin-
House Bill No. 49. A bill to amend the Constitution relative to the General Assembly passing local bills.
Referred to Committee on Amendments to Constitution.
By Mr. Bush of Miller-
House Bill No. 50. A bill to amend an Act creating the City Court of Miller County, and for other purposes.
Referred to Committees on Counties and County Matters.
By Mr. Carlisle of Grady-
House Bill No. 51. A bill to amend the Constitution to provide that only the payment of poll tax shall be required to en tide a person to vote.
Referred to Committee on Amendments to Constitution.
By Mr. Stewart of Coffee-
House Bill No. 52. A bill to regulate the fees and commissions received by warehouseman for the sale of leaf tobacco, and for other purposes.
Referred to Committee on General Agriculture No. 1.
By Mr. Westbrook of Dougherty-
House Bill No. 53. A bill to regulate practice m the courts relative to motions for a new trial.
Referred to Committee on General Judiciary No. 1.
By Mr. Lanier of Richmond and others-
House Resolution No. 14-49a. A resolution for a committee to report on the matter of free school books to grammar school children.
Referred to Committee on Education.
SATURDAY, JuNE 27, 1931.
125
By Mr. Westbrook of Dougherty and othersHouse Resolution No. 15-50a. A resolution to make
certain roads State Aid Highways. Referred to Committee on Public Highways.
By Mr. Cochran of Thomas-
House Bill No. 54. A bill to exempt $15.00 per week out of pension money as exempt from garnishment.
Referred to Committee on General Judiciary No. 1.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the reqmstte constitutional majority the following resolution of the House, to-wit:
By Messrs. Grayson of Chatham, Beasley of Tattnall, and Cochran of Thomas-
House Resolution No. 7. A resolution to provide for a joint session of the General Assembly of Georgia to be held on Saturday, June 27,1931, for the purpose of Inaugurating Hon. Richard B. Russell Jr., as Governor of Georgia, and for other purposes.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
126 Mr. Speaker:
JouRNAL oF THE HousE,
The Senate has passed by the requtstte constitutional majority the following resolution of the Senate, and the concurrence of the House is respectfully asked, to-wit:
By Messrs. Neill of the 24th District and Weekes of the 34th District-
Inviting the Brotherhood of Locomotive Firemen and Enginemen to hold its next annual convention in Atlanta.
The following communication was received from Mr. C. Murphey Candler, Chairman of the Western and Atlantic Commission, created under Act of 1929:
To THE GENERAL AssEMBLY oF GEORGIA:
The undersigned were created as the \:Vestern & Atlantic Railroad Commission under the Act of the General Assembly approved August 24, 1929. By Section 4 of said Act it was provided, "The Commission is hereby instructed and directed to prepare, so that the same may be presented to the General Assembly at its next session, a full report covering in detail its action in conformity with the provisions of this Act."
The Hon. H. Warner Hill named in the original Act as one of the Commission having declined to serve, the Hon.
SATURDAY, juNE 27, 1931.
127
Herman H. Swift of Muscogee County, Georgia, was duly selected in his place, and signs this report as one of the Commission.
Acting under said legislative enactment the Commission met and organized and elected C. Murphey Candler as chairman and elected Mrs. Mattie E. Carrington as Secretary.
The only person or corporation offering to rent the Union Depot premises from the State was presented to the Commission by the lessees of the Western & Atlantic Railroad, and during the period of almost two years within which this Commission has functioned the only person or corporation offering on any terms whatever or even suggesting the possibility of a tenancy is the party with whom the contract was closed as will be hereinafter stated.
The Dixie Terminal Building Company, a corporation of Delaware, which is a subsidiary of the United States Cold Storage Corporation of Chicago, Illinois, made proposals for a seventy year lease to both the Western & Atlantic Railroad and the Western & Atlantic Railroad Commisston.
After much negotiating, the State through the Commission entered into a lease contract with the Dixie Terminal Building Company, and the Western & Atlantic Railroad (the Nashville, Chattanooga & St. Louis Railway joining in the lease) likewise entered into a lease contract.
The lease contract of the Railroad with the Dixie Terminal Building Company expired at midnight December 27, 1969, which covered all of the period of the Railroad's lease, while the lease made by the Commission to the Dixie Terminal Building Company began at midnight December 27, 1969 and expired December 27, 1999.
By the terms of these two contracts it was agreed that the Building Company should erect upon the old Union Depot property in Atlanta a building pleasing in appear-
128
JouRNAL OF THE HousE,
ance which should be not less than fifteen stories in height and should cost not less than the sum of $2,000,000.00, the main purpose of the building being for warehouse purposes, while also the building was to be used in part for office and loft purposes.
Plans and specifications of the building to be erected were attached to the contracts made both by the Railroad and the State, and these contracts had been duly filed in the office of the Governor of the State of Georgia, together with said plans and specifications and are of record in said executive department.
At the time of entering into said contracts the State, the Railroad, and the United States Cold Storage Corporation entered into a certain three-party contract which will now be described. It will be borne in mind that the only tenant offering to rent these premises was a wholly owned subsidiary of the United States Cold Storage Corporation, to-wit, the Dixie Terminal Building Company. The Railroad and the State sought to obtain from the prospective tenant the best security possible or available for the erection of the buildings as therein described.
The original contract of the Railroad and the Dixie Terminal Building Company required that the building proposed should be constructed on or before August 1, 1931. The Railroad and the Building Company, however, entered subsequently into an amended contract by which the time of completing said building was extended to August 1, 1932.
The original contract between the State and the Dixie Terminal Building Company required that the building should be completed by August 1, 1932.
The said three-party contract was entered into upon the request of both the Railroad and the State that some sort of assurance other than the contract with the Dixie Terminal Building Company should be given that the contracts would be complied with. The Dixie Terminal Building Company was a new corporation wholly owned by the
SATURDAY, JuNE 27, 1931.
129
United States Cold Storage Corporation. By the terms of the three-party contract the United States Cold Storage Corporation agreed that it would organize the Dixie Terminal Building Company; that it would acquire all of the stock therein; and that it would pay into the Dixie Terminal Building Company's treasury the sum of $1,000,000.00. This was the best security which could be obtained from the prospective tenant and was as far as the tenant would go in providing any security for the building. The Commission, through its attorney, sought to have the prospective tenant to give a surety company bond for the erection of the building according to the plans and specifications and within the time agreed upon, or, in lieu thereof, to deposit securities for a sufficient amount to insure the erection of the building as per the plans and within the time contracted for, but the prospective tenant declined all of these suggestions and urgings, and the best security which could be obtained was the three-party agreement herein referred to, by which the United States Cold Storage Corporation agreed to pay $1,000,000.00 into the Dixie Terminal Building Company.
The Commission examined thoroughly into the financial condition of the United States Cold Storage Corporation and found its financial standing was excellent, its net worth being reported as upwards of $3,000,000.00.
It is unnecessary to burden this communication with all of the details of the two contracts as they are very voluminous, but the salient points in them have been stated.
Before and during the pendency of negotiations for these contracts, the Public Service Commission of Georgia took up with the Railroad the erection of a new depot and as a result of these negotiations the old Union Depot was demolished and a handsome new depot was constructed upon the State's premises west of the Forsyth Street viaduct at a cost of several hundred thousand dollars.
130
JouRNAL or THE HousE,
After the execution of said contracts the Dixie Terminal Building Company began work upon the foundations for the proposed building on the site of the old Union Depot, and this Company reports to this Commission that it has expended approximately the sum of $250,000.00, of which $150,000.00 was spent in the work of physical improvements on said premises for the foundation of said building, the said Company having sunk concrete piling at various points on said premises to an enormous depth, and in one instance the piling going down 127 feet before reaching bed rock. All of these pilings go to bed rock and whatever building may hereafter be erected upon said site will necessarily have to use said pilings for the reason that the location of said pilings has been fixed and definitely determined by the Railroad track layout. There are over 155 of these piles aggregating 7011 lineal feet and 4 to 5 feet each in diameter, as reported to this Commission.
This is stated to show the extent to which the property of the State has been improved by the work which has been done up to this date and the Commission calls attention to the fact that the title of the Act creating it is to provide for the construction, operation and maintenance of permanent improvements on the Western & Atlantic property.
It was stated to this Commission by representatives of the tenant corporation that approximately fifty per cent. of the construction cost was to be raised through the flotation of bonds secured by mortgage on the leasehold interest of the tenant, and the tenant reported that tentative agreements to this effect had been made with parties who were to furnish the money. Recently, and under date of May 26, 1931, the Dixie Terminal Building Company has sent a communication to this Commission, the substance of which is that on account of the stringent times and the difficulty, if not impossibility, of securing money with which to continue the work of construction, that it has become impossible for it to further finance the proposition
SATURDAY, JuNE 27, 1931.
131
of putting up the building as contracted for and within the
time contracted for, and that in order to make any improve-
ments upon the premises the size of the proposed structure
must be lessened, the cost must be lessened, and the time
within which the building is to be constructed must be ex-
tended. The sum and substance of the proposition made
by the Dixie Terminal Building Company is shown by the
written proposition hereto attached and presented with
this communication, together with plans for the proposed
new building.
The new proposed building is to be constructed in two units: Unit A is to be constructed by August 1, 1933 at a cost of $1,000,000.00 and is to be nine stories high on Central Avenue, and is to front one story above the viaduct on Pryor Street, the Pryor Street frontage to be used for retail stores, and the balance of the building to be used for cold storage and warehouse purposes; the second unit, or Unit B, is to cost an additional $500,000.00 and is to complete the nine story structure on the Pryor Street viaduct and is to be completed by the first of August, 1937.
The Commission calls attention to the fact that the three-party contract by which the Cold Storage Corporation agreed to pay $1,000,000.00 into the Dixie Terminal Building Company's treasury has been complied with, to the extent of $250,000.00 approximately, according to the reports made to this Commission.
Just what measure of damages would apply in case the contracts are left as they are and in case of failure of the Building Company to co~struct the building contracted for by August 1, 1932 is somewhat uncertain, dependent upon the marketability of these premises for rental purposes and many other considerations too numerous to mention. Because of this uncertainty and for other reasons, this Commission has conditionally and subject to the approval of the General Assembly entered into certain contracts with the Dixie Terminal Building Company and the United States Cold Storage Corporation, which will now be de-
132
JouRNAL oF THE HousE,
scribed. The Railroad has entered into a new contract with the Building Company, copy of which is hereto at"tached as Exhibit A, which contract in substance agrees to change the buildings from those originally outlined in the contracts of January 20, 1930, to a nine-story, $1,000,000.00 building, to be completed by August 1, 1933, known as Unit A, and the addition to said building known as Unit B to cost $500,000.00 and to be completed by August 1, 1937.
There is a ptovision inserted in the contract as made by the Railroad that it is not to become effective until approved by the General Assembly of Georgia.
Likewise, the Western & Atlantic Railroad Commission has entered into a conditional contract to the same effect with the Building Company upon the express condition that the General Assembly of Georgia shall approve the same, and that if the same is not approved by the General Assembly and approved by the Governor, that the same will not be of force and effect and that the status under the previous con tracts will remain of force.
The rental, it will be observed, fixed by these new contracts is the same as the rental fixed in the original contracts, that is, the Railroad will receive $25,000.00 per year during the term of its lease, and the State, beginning December 27, 1969, will receive $35,000.00 per year for the thirty years of its portion of the lease. The rental is payable in equal monthly instalments in advance. The total of this rental for the State will be $1,050,000.00, and this rental, we repeat, is in no way affected by the change of the contract.
This Commission was empowered by the Act creating the Commission to enter into the original contracts of January 20, 1930, and was not required to get any other or further consent from the Governor," the Legislature, or any other authority, and was only required to make a report of its acts and doings and be discharged on the 30th day of August, 1931. But a doubt has arisen among members of
SATURDAY, jUNE 27, 1931.
133
the Commission as to whether, after having made the original contract, it could enter into another contract cancelling, in whole or in part, or amending, or modifying said original contract by a new and distinct contract. On account of this doubt the Commission has notified the Dixie Terminal Building Company that it would only enter into this contract conditionally and that it would make the new contract hereto attached subject to the approval of the General Assembly.
:if your honorable body sees fit to approve the action of the Commission in making this new contract herewith presented, then said new contract, as we understand it, will become binding in all respects. If you do not see fit to approve the action of the Commission, then the status of the parties remains as it was before the execution <;>f the contracts hereto attached as Exhibits A and B, and as it was under the prior contracts.
In order to get the best security available from the Dixie Termina.l Building Company to the Railroad and to the State for the compliance with the terms of the new contract, the Commission and the Railroad entered into negotiations with the Dixie Terminal Building Company and the United States Cold Storage Corporation for some security as liquidated damages in event of failure to comply with the contract to erect these improvements on time.
It will be observed that the State's right to rental only begins at a period of approximately 38 or 40 years from this date, while the Railroad's rental begins almost immediately. A reduction to its present value of the amount due the State, beginning with the rental in 1969, and of the amount due the Railroad, beginning almost immediately, will disclose that the amount to which the Railroad is now entitled would be more than double the amount paid the State.
The United States Cold Storage Corporation has agreed that it will deposit, in escrow, with the Trust Company of
134
JouRNAL oF THE HousE,
Georgia $100,000.00 in acceptable securities and that it will also give in addition its obligation for $50,000.00. These amounts are to be paid as liquidated damages to the State and to the Railroad if the building contracted for as Unit A is not completed by August 1, 1933 in the following proportion: The Railroad to receive $66,666.66 of said securities and the State to receive $33,333.33 of said securlttes. In addition the United States Cold Storage Corporation is to pay to the Railroad $33,333.33 and to the State $16,666.66, making a total payment to the Railroad of $100,000.00 and a total payment to the State of $50,000.00. In addition if the second unit is not constructed by August 1, 1937, then whatever buildings have been constructed as Unit A shall be forfeited to the State and to the Railroad as their respective interests may appear. The execution of the new four-party contract, if ratified by the General Assembly, is to be in lieu of and to supersede the old three-party contract of January 20, 1930 and to cancel the said three-party contract of January 30, 1930.
While the contracts and this report are signed by a majority of the commission only, it is for the reason that on account of conflicting engagements the other members of the Commission were not able to attend the particular meeting at which the contracts and this report have been signed. However, at a meeting of the Commission held on the 11th day of June, 1931, all of the Commission were present except Mr. Mcintosh of Dougherty County, and at said meeting the substance of these contracts and the substance of this report was thoroughly discussed and agreed upon by each of the members who were then present. At the present meeting, as appears from the signatures below, all of the Commission were present except Messrs. Swift and Mcintosh.
The Commission desires it understood that it approves of the contracts herewith returned and entered into by it conditionally, as hereinbefore set forth, and believes that the making of said con tracts is for the best interest of the State.
SATURDAY, JuNE 27, 1931.
135
On account of the financial stringency and the difficulty of entering upon any construction work at this time, the Commission feels that the proposed building, as set forth in the new plans and specifications, is the best which can be done at this time, especially as the office feature of the building proposed to have been constructed originally would not be profitable owing to the oversupply of office buildings in the City of Atlanta and the vacancies existing therein at the present time. The Commission feels that it can do nothing else but accept the statement and representations of the proposed tenant that the difficulties of constructing a building according to the original plans are insuperable and that the financing thereof can not be had.
This report is the final report made by the Western & Atlantic Railroad Commission under the provisions of the Act of 1929, and the Commission refers to all the original contracts referred to in this report as being of file in the office of the Executive Department of this State, and reference is hereby had to the same as if attached to this report or fully embodied herein.
June 24, 1931.
C. MuRPHEY CANDLER,
WM. D. ANDERSON,
c. K. c. AUSLEY,
w. c. MARTIN,
w. F. JENKINS,
L. G. HARDMAN.
(EXHIBIT "A")
CONTRACT
This Contract, made and entered into this 24th day of June, 1931, by and between the Nashville, Chattanooga & St. Louis Railway, a corporation organized under the laws of the State of Tennessee and having its principal office in Nashville, Tennessee, and the Western & Atlantic Rail-
136
JouRNAL OF THE HousE,
road, Parties of the First Part, hereinafter together for convenience referred to as the "Railway;" and Dixie Terminal Building Company, a corporation organized and texisting under the laws of the State of Delaware and authorized to do business in Georgia, Party of the Second Part, hereinafter for convenience sometimes referred to..,as the "Warehouse,"
WITNESSETH:
Whereas, the parties hereto did on January 20, 1930 execute two certain lease contracts whereby the Railway leased to the Warehouse for a period beginning January 20, 1930, and ending at midnight on December 27, 1969, four parcels of land described in the said lease contracts and constituting a part of Land Lot No. 77 of the Fourteenth District of originally Henry, now Fulton County, Georgia; and,
Whereas, the Warehouse was, by the terms of paragraph 2-A of the above described lease contract which was filed for record in the office of the Clerk of the Superior Court of Fulton County, Georgia, on the 21st day of April, 1930, and recorded in Book 1310, Page 637, required to construct on Parcel 1 of the lands demised by said lease contract a building containing not less than 500,000 square feet of floor space, of which not less than 400,000 square feet of floor space should be designed for use for storage, forwarding and distributing purposes, or uses incidental thereto, which building was to be completed and ready for operation on or before August 1, 1931; and,
Whereas, the parties hereto did on September 8, 1930, modify the said lease contract so as to provide that, if the said building should not be completed prior to August 1, 1931, but should be completed on or before August 1, 1932, and otherwise in accordance with the provisions of the said lease contract, the Warehouse should be under no liability under said lease contract or otherwise to the Railway for
SATURDAY, JuNE 27, 1931.
137
or;by reason of the failure of the Warehouse to complete the said building on or before August 1, 1931, or any other date occurring prior to August 1, 1932; and,
Now, Therifore, in consideration of the premises and the sum of Ten ($10.00) Dollars paid to First Parties by Second Party and other goods and valuable considerations} including a four party contract executed this day between the Nashville, Chattanooga and St. Louis Railway, Western and Atlantic Railroad, State of Georgia, United States Cold Storage Corporation and Dixie Terminal Building Company, receipt of all of which is. hereby acknowledged, it is hereby covenanted and agreed between the parties hereto, as follows:
(1) Paragraph 2-A of the lease contract recorded in Book 1310, Page 637, in the office of the Clerk of the Superior Court of Fulton County, Georgia, and the contract dated September 8, 1930, are hereby cancelled and Paragraph 2 of this agreement is substituted therefor but the remainder of the two said lease contracts is not altered, "modified or rescinded but shall remain in full force and effect, including the rentals fixed therein and all other provisions thereof.
(2) The Warehouse shall be obligated to construct on Parcel 1 described in said lease contract recorded in Book 1310, Page 637, Fulton County, Ge~rgia, a building containing not less than 400,000 square feet of floor space .designed for use for storage, forwarding and distributing purposes, or uses incidental thereto.
The Warehouse shall have the option of constructing said building in two units, as shown by unit plan hereto attached. If so constructed, the first unit shall comprise the entire eight floors on Central Avenue above the viaduct level extending back approximately 250 feet and the one floor and basement below the viaduct level fronting on Central Avenue and the one floor above the viaduct level .and the one floor and basement below the viaduct level
138
JouRNAL or THE HousE,
frcnting on Pryor Street and consisting of at least 350,000 square feet of floor space, of which at least 325,000 square feet shall be designed for use for storage, forwarding and distributing purposes, or uses incidental thereto. The said unit shall be constructed in accordance with the plans hereinafter referred to. The second unit shall comprise at least seven floors above the first floor above the viaduct level facing on Pryor Street and shall consist of at least 100,000 square feet. The first unit shall be completed on or before August 1, 1933, and the second unit on or before August 1, 1937, provided that the times for completion of said units shall be extended to the extent of the aggregate of delays in work occasioned by acts of God, strikes and lockouts occurring after construction has begun and provided that the Warehouse shall notify the Railway in writing at its principal office at Nashville, Tennessee, of the existence 'of such delay within a reasonable time from the commencement thereof.
The cost of the first unit shall be not less than One Million ($1,000,000.00) Dollars and the total cost of the said two units, when completed, shall be not less than One Million Five Hundred Thousand ($1,500,000.00) Dollars.
It shall be optional with the Warehouse to construct the second unit of said building either as office space or for use for storage, forwarding and distributing purposes, or uses incidental thereto, provided, however, that, when completed, the said two units shall contain not less than 400,000 square feet designed for use for storage, forwarding and distributing purposes, or uses incidental thereto.
Plans of the proposed building have been approved by both parties hereto as of January 20, 1930, and a copy
thereof identified by the signature of J. B. Hill on behalf of
the Railway and E. M. Dodds on behalf of the Warehouse
is in the possession of each of said parties. Said building shall be constructed in accordance with such plans provided that changes therein desired by the Warehouse not involving a decrease of the amount of space to be designed
SATURDAY, JuNE 27, 1931.
139
for use for storage purposes .below 400,000 square feet, nor decreasing the head room or space designed for operation of the through tracks of the meat track mentioned in said lease contract of January 20, 1930, nor involving any changes in the general type of construction rnay be made therein from time to time.
The Warehouse may construct on said Parcel 2, described in said lease contract dated January 20, 1930, and recorded in Book 1310, Page 637, Fulton County, Georgia, any building deemed necessary or desirable by it to be used for the same general purposes to which the Pryor Street frontage of the building to be erected on Parcel 1 may be devoted, provided the same is attractive in appearance and is constructed in accordance with the building ordinances of the City of Atlanta, and may use the southwesterly wall of said building to be constructed by it hereunder on Parcel 1 as a party wall for use as a part of such building on Parcel 2. Either of said buildings or any buildings hereafter constructed on said demised premises may be used by the Warehouse in connection with any building or buildings on adjoining property from time to time owned or leased by it and for said purpose appropriate entrances through the walls of said buildings may be made, provided that the same do not weaken the structure of said buildings on the demised premises and that, on the termination of the said lease contract by lapse of time or otherwise, the owners or occupants of such adjoining property shall have no further right to the use of such entrances and the same may be closed up. Changes in said buildings on the demised premises andjor additions thereto necessary from time to time in the judgment of the Warehouse for the proper operation thereof may also be made in said buildings, provided the structure is not weakened thereby nor the amount of space in such building on Parcel 1 designed for use for storage diminished. Said buildings shall be the property of the State of Georgia but subject to said lease, and at the termination of said
140
JouRNAL OF THE HousE,
lease by lapse of time or otherwise, any buildings then on said demised premises and all fixtures therein (other than trade fixtures) shall remain as the property of the State of Georgia of the then owner of the fee title to said land.
(3) This agreement is entered into by the Railway subject to the following condition, tO-wit: That this agreement shall be approved by the General Assembly and the Governor of Georgia, and until said approval, this agreement is to have no force and effect, and the conditions and stipulations which follow are in all respects subject to said approval.
(4) In case any litigation in any way may arise between the parties to this contract, which in any way grows out of this contract or any breach thereof or any construction thereof, or any claim made thereunder, the Warehouse agrees that the Superior Court of Fulton County, Georgia shall have jurisdiction, and that it will agree to the jurisdiction of that court and will acknowledge service of any suit or proceeding therein; and it hereby appoints the Trust Company of Georgia as its agent hereunder and this power is made irrevocable, to acknowledge service of any suits and proceedings, and further names said Trust Company of Georgia as its agent to be served by the sheriff or other proper officer in any such suit or proceeding.
In Witness Whereof, the parties hereto have caused this contract to be executed in duplicate on the date and year first above set out.
THE NASHVILLE, CHATTANOOGA & ST. LOUIS RY.
(Seal)
By
J. B. HILL,
President.
ATTEST:
T. A. CLARKSON,
Secretary.
SATURDAY, JuNE 27, 1931.
141
THE WESTERN AND ATLANTIC RAILROAD
(Seal)
By
J. B. HILL,
President.
ATTEST:
T. A. CLARKSON, Secretary.
Signed, sealed and delivered in the presence of
(Seal)
T. D. ARNOLD, LuciLLE A. WHITE.
Notary Public, Georgia State at Large.
My commission expires: ..................... .
DIXIE TERMINAL BUILDING COMPANY
(Seal)
By E. M. DooDs, President.
ATTEST:
M. W. BoRDERS, }R., Asst. Secretary.
(Seal)
T. D. ARNOLD,
Signed, sealed and delivered in
the presence of
LuciLLE A. WHITE .
. . . . . . . . . ... (Notary Public) My com. expires: ........ .
Georgia State at Large.
Under and in accordance with the terms and provisions of the Lease Act dated November 30, 1915, and the lease contract dated May 11, 1917, whereby the Nashville, Chattanooga & St. Louis Railway leased from the State of Geor-
142
JouRNAL OF THE HousE,
gia the Western & Atlantic Railroad, I, L. G. Hardman as Governor of the State of Georgia, do hereby approve the above agreement.
This the 24th day of June, 1931.
L. G. HARDMAN,
Governor of the State of Georgia.
The Western & Atlantic Railroad Commission, appointed by and under the terms of an Act of the General Assembly of Georgia, approved August 24,1929, does hereby to the extent it has the power grant permission of the State of Georgia as owner of the Western & Atlantic Railroad, as well as sovereign, for the construction of the warehouse facilities and building described above. This approval carries no personal responsibility. This agreement is entered into by the Western & Atlantic Railroad Commission subject to the following condition, ta-wit: That this agreement shall be approved by the General Assembly and the Governor of Georgia, and until said approval, this agreement is to have no force and effect, and the conditions and stipulations therein are in all respects subject to said approval.
This the 241h day of June, 1931.
STATE OF GEORGIA
By
c. MURPHEY CANDLER,
WM. D. ANDERSON,
C. K. C. AusLEY,
w. w.
F.
c.
JENKINS, MARTIN,
L. G. HARDMAN.
Members of the Western & Atlantic Railroad Com-
mission.
SATURDAY, JuNE 27, 1931.
143
Signed, sealed and delivered as to Western & Atlantic Commission in the presence of
T. D. ARNOLD, LCCILLE A. WHITE.
(Seal) Notary Public, Georgia State at Large. My commission expires: Feb. 17, 1934.
(EXHIBIT "B")
CONTRACT
This Contract, Made and entered into this 24th day of June 1931, by and between the State of Georgia, represented by the Western & Atlantic Railroad Commission appoitn ted under the terms of an Act of the General Assembly of Georgia, approved August 24, 1929, as Party of the First Part, hereinafter sometimes referred to as the "State," and the Dixie Terminal Building Company, a corporation organized and existing under and by virtue of the laws of the State of Delaware and authorized to do business in Georgia, as Party of the Second Part, hereinafter sometimes referred to as the "Warehouse."
WITNESSETH:
Whereas, the parties hereto did on January 20, 1930, execute two lease contracts whereby the State leased to the Warehouse for the uses, purposes and considerations therein set forth, four certain parcels of land therein described and being a part of land lot No. 77 of the 14th District of originally Henry, now Fulton County, Georgia; and
Whereas, it is mutually desired to modify the said lease con tract covering Parcels 1 and 2 and recorded in the office of the Clerk of the Superior Court of Fulton County, Georgia, on the 8th day of April, 1930, and recorded in Book 1310, page 628, in the particulars mentioned herein;.
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JouRNAL or THE HousE,
Now Therefore, in consideration of the sum ofTen {$10.00) Dollars paid to the State by the Warehouse, receipt of which is hereby acknowledged, and of other good and valuable considerations, it is agreed and stipulated as follows:
(1) This agreement is entered into by the Western & Atlantic Railroad Commission subject to the following condition, to-wit: That this agreement shall be approved by the General Assembly and Governor of Georgia, and until said approval, this agreement is to have no force and effect, and the conditions and stipulations which follow are in all respects subject to said approval.
(2) Paragraph 7 of the Lease Contract covering Parcels 1 and 2 above mentioned is hereby cancelled and Paragraph (3) of this agreement is substituted therefor but the remainder of the two said lease contracts is not hereby altered or rescinded in any way but shall remain in full force and effect including the rentals fixed therein and all other provisions thereof.
(3) The Warehouse agrees that it will (under the terms of the lease contract between the Nashville, Chattanooga and St. Louis Railway and the Western and Atlantic Railroad as lessors, and the Warehouse as lessee, dated January 20, 1930, as well as under the said lease contract between the State of Georgia and the Warehouse dated January 20, 1930,) construct on Parcel 1 described in said lease contract dated January 20, 1930, a building containing not less than 400,000 square feet of floor space designed tor use for storage, forwarding and clistributing purposes or uses incidental thereto, which building on its completion shall become and be the property of the State of Georgia, subject to any leases running in favor of the Warehouse. The Warehouse shall have the option of constructing said building in two portions. The first portion shall consist of not less than 350,000 square feet of floor space and shall comprise at least eight floors above the viaduct level and one floor and basement below the viaduct level facing on Central Avenue
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145
in Atlanta, Georgia, and at least one floor above the- viaduct level and one floor and basement below the viaduct level facing on Pryor Street. Such unit must be completed on or before August 1st, 1933. The second unit will comprise at least seven floors above the first floor above the viaduct level of Pryor Street and shall consist of at least 100,000 square feet. The second unit must be completed on or before August 1, 1937. It is agreed that the times mentioned above for completion of the two units of the said building shall be extended to the extent of the aggregate of delays in work by the acts of God, strikes and lockouts occurring after construction has begun. The cost of the first unit shall be not less than One Million ($1,000,000.00) Dollars and the total cost of the said building, when completed, shall be not less than One Million Five Hundred Thousand ($1,500,000.00) Dollars.
It shall be optional with the Warehouse to construct the second unit of said building either as office space or for use for storage, forwarding and distributing purposes, or uses incidental thereto, provided, however, that, when completed, the said building shall contain not less than 400,000 square feet designed for use for storage, forwarding and distributing purposes, or uses incidental thereto.
Plans of the proposed building have been approved by both parties hereto as of January 20, 1930 and a copy thereof identified by the signature of C. Murphey Candler on
behalf of the State and by E. M. Dod:ds on behalf of the
Warehouse is in the possession of each of said parties. Said building shall be constructed in accordance with such plans and in accordance with the terms of this contract, provided that changes therein desired by the Warehouse not involving a decrease of the amount of space to be designed for use for storage purposes below 400,000 square feet, nor decreasing the head room or space designed for operation of the through tracks or the meat track mentioned in said lease contract of January 20, 1930, nor modifying the general type of construction may be made therein from time to time.
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JouRNAL or THE HousE,
The Warehouse may construct on said Parcel 2 any building deemed necessary or desirable by it, to be used for the same general purposes to which the Pryor Street frontage of the building to be erected on Parcell may be devoted, provided the same is attractive in appearance and is constructed in accordance with the building ordinances of the City of Atlanta, and may use the southwesterly wall of said building to be constructed by it hereunder on Parcel 1 as a party wall for use as a part of such building on Parcel 2. Either of said buildings or any buildings hereafter constructed on said demised premises may be used by the Warehouse in connection with any building or buildings on adjoining property from time to time owned or leased by it, and for said purpose appropriate entrances through the walls of said buildings may be made, provided that the same do not weaken the structure of said buildings and that, on the termination of this lease by lapse of time or otherwise, the owners or occupants of such adjoining property shall have no further right to the use of such entrances and the same may be closed up. Changes in said buildings andjor additions thereto necessary from time to time in the judgment of the Warehouse for the proper operation thereof may also be made in said buildings, provided the structure is not weakened thereby nor the amount of space in such builcijng on Parcel 1 designed for use for storage diminished. At the termination of said lease by lapse of time or otherwise, any buildings then on said demised premises and all fixtures therein (other than trade fixtures) shall remain as the property of the State of Georgia. It is understood and agreed that the buildings from time to time on said premises shall be kept in good condition and repair by the Warehouse and insured to the full insurable value, as provided in Paragraph 10 of said lease contract of January 20, 1930, and shall be turned back to the State at the expiration of said lease dated January 20, 1930, in as good condition as when constructed, ordinary wear and tear and depreciation excepted; except that, in the event the buildings be destroyed or damaged
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147
by fire or other cause, then the duty of the Warehouse shall be for reconstruction and repair, as is stated in Section 10 of said Lease Contract of January 20, 1930.
(4) There shall be no personal responsibility on the members of the Western & Atlantic Railroad Commission for the execution of this contract.
This contract is conditionally entered into as stated hereinbefore, and is subject to approval by a resolution of the General Assembly of Georgia.
(5) In case any litigation in any way may arise between the parties to this contract, which in any way grows out of this contract or any breach thereof or any construction thereof or any claim made thereunder, the Warehouse agrees that in any suit by the State the Superior Court of Fulton County, Georgia shall have jurisdiction, and that it will agree to the jurisdiction of that Court and will acknowledge service of any suit or proceeding therein; and it hereby appoints the Trust Company of Georgia as its agent hereunder and this power is made irrevocable, to acknowledge service of any such suits and proceedings, and further names said Trust Company of Georgia as its agent to be served by the Sheriff or other proper officer in any such suit or proceeding.
In Witness Whereof, the parties hereto have hereunto set their hands and seals this 24/h day of June, 1931.
STATE OF GEORGIA
By
c. MURPHEY CANDLER,
WM. D. ANDERSON,
w. c. MARTIN,
W. F. jENKINS, C. K. C. AusLEY, L. G. HARDMAN.
Members of the Western & Atlantic Railroad CommiSSion.
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JouRNAL OF THE HousE,
Signed, sealed and delivered as to Western & Atlantic Railroad Commission in presence of
T. D. ARNOLD, (Seal) LuciLLE A. WHITE.
Notary Public, Georgia State at Large.
My commission expires: Feb. 17, 1934.
DIXIE TERMINAL BUILDING COMPANY
By
(Seal)
E. M. DoDos, President.
ATIEST:
M. W. BoRDERs, JR., Asst. Secretary.
Signed, sealed and delivered in the presence of
T. D. ARNOLD,
LuciLLE A. WHITE.
(Seal)
Notary Public, Georgia State at Large.
My commission expires: Feb. 17, 1934.
(EXHIBIT "C")
CONTRACT
This Agreement, Made this 24th day of June, 1931, by and between the Nashville, Chattanooga & St. Louis Railway, a corporation of the State of Tennessee, and the Western and Atlantic Railroad, Parties of the First Part, hereinafter together for convenience referred to as the
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149
"Railway," the State of Georgia, represented by the Western & Atlantic Railroad Commission, appointed under the terms of an Act of the General Assembly of Georgia, approved August 24, 1929, Party of the Second Part, hereinafter referred to as the "State," the United States Cold Storage Corporation, a corporation of the State of Delaware, Party of the Third Part, hereinafter sometimes referred to as the "Corporation," and the Dixie Terminal Building Company, a corporation of the State of Delaware, Party of the Fourth Part, hereinafter sometimes referred to as the "Warehouse."
WITNESSETH:
Whereas, First, Second and Third Parties hereto did on January 20, 1930, enter into a certain contract, whereby for good and valuable consideration the corporation agreed in substance among other things to purchase at least a majority of the capital stock of Dixie Terminal Building Company and to invest in such capital stock the sum of One Million ($1,000,000.00) Dollars on or before August 1, 1931, and to guarantee that, at the time of such investment, the net worth of Dixie Terminal Building Company would be at least One Million ($1,000,000.00) Dollars; and,
Whereas, it has been deemed advisable to modify certain contracts between the State and the Railway on the one hand and Dixie Terminal Building Company on the other, and in connection therewith to cancel the first above mentioned contract between the parties thereto and to execute this contract in lieu thereof:
Now, Therefore, in consideration of the sum ofTen ($10.00) Dollars to the State and the Railway paid by the corporation and the Warehouse, receipt of which is hereby acknowledged and the placing, in escrow, of $100,000.00 of securities as hereafter provided, and of the execution of additional contracts between the State and the Railway and the Warehouse and for other good and valuable con-
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JouRNAL OF THE HousE,
siderations, it is hereby agreed that the aforesaid contract between First, Second and Third Parties hereto dated January 20, 1930, be and the same is hereby cancelled, abrogated and terminated and each of the parties does hereby give to the others a complete release of any and all liability on account of the said contract.
This agreement is entered into by the Western & Atlantic Railroad Commission and the Railway subject to the following condition, to-wit: That this agreement shall be approved by the General Assembly and Governor of Georgia, and until said approval, this agreement is to have no force and effect, and the conditions and stipulations which follow are in all respects subject to said approval.
It is understood that the Warehouse has this day executed contracts with the State and with the Railway modifying its lease contracts with the State and with the Railway dated January 20, 1930, and filed in the office of the Superior Court of Fulton County, Georgia, on April 21, 1930, and recorded in Book 1310, Page 628, and Book 1310, Page 637, respectively. Copies of said new contracts are attached hereto and marked Exhibits "A" and "B" respectively. It is further understood that the said modifying contracts Exhibits "A" and "B" require the warehouse to construct a building on the property demised to the Warehouse by the said lease contracts containing not less than 400,000 square feet of floor space designed for use for storage, forwarding and distributing purposes or uses incidental thereto and that the Warehouse shall have the option of constructing the said building in two portions or units, as described in said contracts. It is further understood that the first of such units facing on Central Avenue, Atlanta, Georgia, shall be completed not later than August 1, 1933, at a minimum cost of One Million ($1,000,000.00) Dollars, and that the second unit facing on Pryor Street, Atlanta, Georgia, shall be completed on or before August 1, 1937, and that the total cost of the said two units shall be not less than One Million Five Hundred Thousand
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151
($1,500,000.00) Dollars. It is further understood that the said dates for completion shall be extended to the extent of the aggregate of delays in work occasioned by Acts of God, strikes and lockouts occurring after construction has begun.
The Corporation agrees that it will, on or before July 15, . 1931, deposit with the Trust Company of Georgia, a corporation organized under the laws of the State of Georgia and having its principal office in Atlanta, Georgia, or such other Trust Company as may be from time to time agreed on in writing between the parties hereto, in escrow, securities equal in value to One Hundred Thousand ($100,000.00) Dollars to be acceptable to the State and the Railway, the Governor acting for the State. In case such approved securities shall not be deposited as above provided on such date, this contract and said modifying contracts Exhibits "A" and "B" shall not take effect, their effectiveness being conditioned upon the deposit of the approved securities as above provided by such date, time being of the essence of this provision. If the first unit of the said building shall not be completed within the completion date as specified in the said contracts executed by the Warehouse with the State and the Railway of even date herewith and in accordance with the said contracts, then the said Trust Company of Georgia, or its successor, shall deliver to the Railway two-thirds (2/3) in value of the said securities and to the State one-third (1 /3) in value of such securities, and in addition thereto, the Corporation agrees that it will immediately pay to the Railway the sum of Thirty Three Thousand Three Hundred Thirty Three and 33/100 ($33,333.33) Dollars and to the State the sum of Sixteen Thousand and Six Hundred Sixty Six and 67/100 (:ti16,666.67) Dollars, and in addition the \Varehouse will turn over to the State and Railway all plans, drawings, specifications and engineering data prepared in connection with said proposed building. In such event, all of the buildings, structures and improvements placed upon the said land
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JouRNAL oF THE HousE,
demised to the Warehouse by the State and the Railway shall be and become the property of the State and the Railway as their respective interests may appear, and all contracts, leases and/or lease contracts of the Warehouse and/or Corporation with either or both of the State and the Railway shall thereupon automatically be cancelled and abrogated and the Warehouse and/or Corporation shall thereupon be relieved of any and all obligations or liabilities to the State and/or Railway and this contract shall operate as a complete release by the State and Railway to the Warehouse and Corporation of any and all claims, actions or causes of action of any kind. The aforesaid shall operate as liquidated damages to the State and Railroad.
In the event that there shall have been expended upon the final unit of the said building within the time as specified in the contracts of the Warehouse with the State and the Railway of even date herewith the sum of Nine Hundred Thousand ($900,000.00) Dollars and in case the construction engineers shall give to the Trust Company of Georgia, or its successor, a statement in writing to the effect that the said unit will be completed within the said time limit, then and in that event the said Trust Company shall permit the use of the said securities by the Corporation in the completion of the said unit and any and all obligations or liabilities of the Corporation hereunder shall cease and terminate immediately.
In case the first unit of the said building shall be completed within the time specified in the contracts of the Warehouse with the State and the Railway but the second unit of the said building shall not be completed within the time limit specified for its completion in said contracts, then and in that event all of the property, buildings, improvements and structures placed upon the premises demised to the Warehouse by the State and Railway shall be and become the property of the State and the Railway as their interests may appear. In such event any and all liability or obligation of the Warehouse and/or Corporation
SATURDAY, JuNE 27, 1931.
153
under any and all leases, contracts and/or lease contracts with the State and/or Railway shall ipso facto terminate and this contract shall operate as a complete release of all claims of the State andjor Railway against the Warehouse and/or Corporation.
It is expressly agreed that this agreement shall not increase, diminish, abrogate nor in any way alter the rights of any mortgagee or trustee of the Warehouse as set forth in Paragraph 14 of the lease contract of the Railway and the Warehouse dated January 20, 1930, recorded in Fulton County, Georgia in Book 1310, Page 637, and in paragraph 24 of the lease contract of the State .and the Warehouse dated January 20, 1930, and recorded in Fulton County, Georgia, in Book 1310, Page 628.
In case any litigation in any way may arise between the parties to this contract, which in any way grows out of this contract or any breach thereof or any construction thereof or any claim made thereunder, the Corporation and Warehouse agree that the Superior Court of Fulton County, Georgia, shall have jurisdiction, and that they will agree to the jurisdiction of that court and will acknowledge service of any suit or proceeding therein; and they hereby appoint the Trust Company of Georgia as their agent hereunder, and this power is made irrevocable, to acknowledge service of any such suits and proceedings, and further name said Trust Company of Georgia as their agent to be served by the sheriff or other proper officer in any such suit or proceeding.
This contract is conditionally entered into as stated hereinbefore, and is subject to approval by the Governor and by a resolution of the General Assembly of Georgia. Under this contract is so approved, the said contracts of January 20, 1930, shall remain in full force and effect.
In Witness Whereof, the parties hereto have caused this contract to be executed in duplicate on the day and year first above set out.
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JouRNAL OF THE HousE,
THE NASHVILLE, CHATTANOOGA & ST. LOUIS RY.
By J. B. HILL, President.
ATTEST: T. A. CLARKSON, Secretary.
THE WESTERN & ATLANTIC RAILROAD
By
J. B. HILL,
President. ATTEST:
T. A. CLARKSON, Secretary.
Signed, sealed and delivered in presence of
T. D. ARNOLD, LUCILLE A. WHITE.
Notary Public, Georgia, State at Large. My commission expires: Feb. 17, 1934.
STATE OF GEORGIA
By C. MuRPHEY CANDLER, WM. D. ANDERSON.
w. F. JENKINS, w. c. MARTIN,
C. K. C. AusLEY, L. G. HARDMAN.
Members of the Western & Atlantic Railroad Commtsston.
Signed, sealed and delivered in presence of
T. D. ARNOLD, LUCILLE A. WHITE.
Notary Public, Georgia State at Large. My commission expires: Feb. 17, 1934.
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155
UNITED STATES COLD STORAGE CORPORATION
ATTEST:
By
M. W. BoRDERs, JR., Asst. Secretary.
E. M. DoDDs, Vice President.
Signed, sealed and delivered in the presence of
T. D. ARNOLD, LuciLLE A. WHITE,
Notary Public, Georgia State at Large.
"My commission expires: Feb. 17, 1934.
DIXIE TERMINAL BUILDING COMPANY
ATTEST:
M. W. BoRDERs, JR., Asst. Secretary.
By , E. M. DoDDs,
President.
Signed, sealed and delivered in the presence of
T. D. ARNOLD,
LUCILLE A. \VHITE, Notary Public, Georgia State at Large.
My commission expires: Feb. 17, 1934.
156
JouRNAL OF THE HousE,
(EXHIBIT "D")
LEASE
STATE OF GEORGIA
TO
DIXIE TERMINAL BUILDING COMPANY
DATED JANUARY 20, 1930.
Filed for Record in the office of the Clerk of the Superior Court of Fulton County, Georgia, on the 21st day of April, 1930, at 2:00 o'clock P. M., and recorded in Book 1310, Page 628.
THIS CONTRACT OF LEASE, made and entered into this 20th day of January, 1930, by and between the STATE OF GEORGIA, represented by the Western & Atlantic Railroad Commission appointed under the terms of an Act of the General Assembly of Georgia approved August 24, 1929, as party of the First Part (hereinafter sometimes referred to as the "State"), and the DIXIE TERMINAL BUILDING COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Delaware and authorized to do business in Georgia, as party of the Second Part (hereinafter sometimes referred to as the "\V arehouse"),
WITNESSETH:
Whereas, by virtue of an Act of the General Assembly of Georgia, approved November 30, 1915, the State of Georgia leased the Western & Atlantic Railroad to The Nashville, Chattanooga & St. Louis Railway by lease contract dated May 11, 1917, for and during the term beginning De-
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157
cember 27, 1919, and expiring at midnight on the 27th day of December, 1969, which lease embraced the two tracts of land in Atlanta, Georgia, hereinafter specifically described, with certain reservations as therein described; and,
Whereas, The Nashville, Chattanooga & St. Louis Railway, lessee of the Western & Atlantic Railroad., and the \Vestern and Atlantic Railroad, as lessors, have leased the said property to the Dixie Terminal Building Company as lessee, for a term which runs until midnight of December 27, 1969, by lease dated January 20, 1930, a copy of which is attached hereto and marked Exhibit 1; and,
Whereas, the General Assembly of the State of Georgia, by Act approved August 24, 1929, created the Western & Atlantic Railroad Commission for the purposes and with the powers therein expressed;
Now, Therefore, in consideration of the mutual covenants, agreements and conditions herein contained and hereinafter set forth the parties hereto agree as follows:
1. The State hereby leases to the Warehouse, for a term of thirty years beginning at midnight December 27, 1969, and ending at midnight December 27, 1999, for the uses, purposes and considerations hereinafter set forth, the two following described parcels of land, including all buildings and improvements thereon or which may hereafter be erected or placed thereon, specifically excepting therefrom all existing and future railroad tracks and turnouts and fully retaining the right and easement for track construction and the maintenance and operation of trains thereon, as is hereinafter provided in section 4 hereof, and subject to the right of the City of Atlanta, if any, to maintain the viaducts on Wall Street, Pryor Street and Central Avenue in their present positions with an overhang on such parcels of land, said parcels being described as follows:
Parcel I. A certain strip or parcel of land situated in the City of Atlanta and being a part of land lot No.
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JouRNAL oF THE HousE,
77 of the 14th district of originally" Henry, now Fulton County, Georgia, and extending from the east margin of Pryor Street to the west margin of Central Avenue as reconstructed recently. Said strip of land is more particularly bounded and described, as follows:
Beginning at a point in the easterly line of Pryor Street one hundred thirty-two (132) feet north of the northeast corner of Pryor and Alabama Streets; thence north along the east edge of Pryor Street one hundred forty-five feet six and one-half inches (145' 6~"), more or less, to Wall Street as recently reconstructed; thence in an easterly direction along the south edge of Wall Street, a distance of three hundred sixty-six feet six and five-eighths inches (366' 6 5/8"), more or less, to the westerly line of Central Avenue as recently reconstructed; thence in a southerly direction along the west line of Central Avenue a distance of one hundred fifty-seven feet nine and five-eighths inches (157' 9 5/8"), more or less, to the southern boundary line of the Union Depot lot, said southern boundary line being described in a deed from Jane L. Mitchell eta/. to the State of Georgia dated October 29, 1870, recorded in Book "N", page 742, at the Clerk's Office, Superior Court, Fulton County, Georgia; thence in a westerly direction with the southern boundary line of said depot lot, a distance of three hundred forty-six feet seven inches (346' 7"), more or less, to the point of beginning.
Parcel 2. A certain strip or parcel of land situated in the City of Atlanta and being a part of land lot No. 77 of the 14th district of originally Henry, now Fulton County, Georgia. Said strip of land is more particularly bounded and described as follows:
Beginning at a point in the easterly line of Pryor Street one hundred thirty-two feet (132') north of the northeast corner of Pryor and Alabama Streets (this being the same beginning point as described above in the First tract); thence in an easterly direction on a
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159
straight line following the south boundary of the Union Depot lot (said boundary being described in a deed from Jane L. Mitchell et a!. to the State of Georgia dated October 29, 1870, recorded in Book "N", page 742, at the Clerk's Office, Superior Court, Fulton County, Georgia), a distance of one hundred feet five inches (100' 5") to an iron stake; thence in a southerly direction parallel to the easterly line of Pryor Street a distance of seventeen feet ten inches (17' 10") to an iron stake, which marks a point ten (10) feet from the northeast corner of the brick building owned by Mrs. Sarah Grant Slaton; thence in a westerly direction on a direct line, a distance of one hundred feet two inches (100' 2") to a point in the easterly line of Pryor Street ten (10) feet north of the wall of the brick hotel building owned by Massell; thence northwardly along the easterly line of Pryor Street on a direct line twentyone feet five inches (21' 5") to the point of beginning; subject to such easements as exist, if any, in favor of the owners of lots fronting on Alabama Street.
2. This contract shall become effective and binding upon the parties upon the execution thereof, but the right
of the 'Varehouse to take possession of the above described
property under this lease contract shall not exist until midnight December 27, 1969, unless said contract between the State and The Nashville, Chattanooga & St. Louis Railway dated May 11, 1917, shall have been sooner terminated as provided in section 17 of this lease contract.
3. The State warrants to the \Varehouse that it is the owner in fee simple of said two above described tracts of land and that it has full right to lease the same to the Warehouse and that the same are free and clear of all liens and encumbrances except said lease from the State to The Nashville, Chattanooga & St. Louis Railway. The State warrants and covenants that at all times during the term of this _lease the Warehouse shall have quiet and peaceable possessiOn.
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4. The State shall, during the term of this lease, at all times have, for itself and for such railroads as it may desire, the continued and uninterrupted use of the two through interchange tracks and the track nearest the rear of the Alabama Street lots referred to in the description of Parcel 2 (commonly known as the "meat track") and also the use of the three service tracks on the property herein leased, provided that its use of the said service tracks and/or of any tracks, excepting the said two through interchange tracks and the meat track, shall not in any manner interfere with the operation of the Warehouse or with the use of said tracks by the Warehouse. The parties agree that the question as to whether the use of said service tracks by the State, its lessees or others having the use of the tracks under contract with or conveyance from the State, shall at any time or in any manner interfere with the operations of the Warehouse or with the use of said tracks by the Warehouse, shall, if the parties disagree, be submitted to arbitration as provided in section 20 of this contract.
5. The State will perform or cause to be performed, or furnish tracks upon which may be performed by one or more of the railroads entering the City of Atlanta, the usual and customary switching service for the receipt and forwarding of freight by the Warehouse. Except for such changes as may be mutually agreed upon, the State will maintain the tracks underneath the Warehouse in accordance with plans which have been submitted to and approved by the Warehouse and are attached to this contract as Exhibit 2, which tracks shall connect with some one or more of the railroads entering the City of Atlanta; and, in consideration of this, the Warehouse will provide in its construction of said building smoke chambers and stack to arrange for satisfactorily disposing of smoke and gases arising from engines, and will maintain such smoke chambers and stack. It is understood and agreed that the State shall not be liable for any damage claimed or done to any property of the Warehouse or the property of others using the \Varehouse's facilities by reason of exhaust, smoke or gases
SATURDAY, JuNE 27, 1931.
161
from locomotive operation and the State shall at all reasonable times have the right to enter upon said property for the purpose of inspecting, maintaining, operating and using the tracks. The right of the State to enter upon said property for the purpose of operating and using all tracks thereon except the said two through interchange tracks and said meat track, shall be exercised so as not in any manner to interfere with the operations of the vVarehouse or with the use of said tracks by the Warehouse. The parties agree to submit to arbitration, if any difference arises between them, the question as to whether the \Varehouse provides and maintains smoke chambers and stack which will satisfactorily d:ispose of smoke and gases arising from engines operated on said tracks, said arbitration to be had as provided in section 20 hereof.
6. The State agrees and contracts that it will, at all times during the term of this lease, maintain the tracks on said lands in accordance with the said plan attached hereto as Exhibit 2, and that it will cause some one or more of said tracks at all times to connect with one or more of the railroads entering the City of Atlanta. If and while during the term of this lease the State, or its lessee, is operating the \Vestern & Atlantic Railroad, it is agreed that, when cars loaded with freight consigned to the Warehouse or its tenants or patrons are placed on tracks serving the \Varehouse for unloading and the locomotive is detached therefrom, delivery of such freight shall be considered completed and liability of the State as common carrier or warehouseman shall forthwith terminate. Delivery of freight in carload lots to the State or the railroad company at the time operating the Western & Atlantic Railroad (if said Railroad is then being operated by the State or its lessee) by the \Varehouse or its tenants or patrons shall not be deemed to have been effected until the car or cars into which said freight has been loaded has or have .been taken into the actual physical possession of the State or the railroad company at the time operating the said Western & Atlantic
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JouRNAL OF THE HousE,
Railroad by moving said car or cars from said Warehouse tracks, or proper bill of lading has been issued to the Warehouse, or its tenants or patrons, for said freight. Provided, however, that the Warehouse's obligation under this section 6, so far as its tenants and patrons are concerned, is only to use its best efforts to have such tenants and patrons so agree. If, however, during the term of this lease contract, the State is not operating the said Western & Atlantic Railroad and the same is not operated by any lessee of the State and the State is only furnishing the connecting tracks which run from the space under said \Varehouse to some one or more of the railroads entering the City of Atlanta, then the Warehouse shall have the use of such tracks and connections but must make such agreements regarding delivery and receipt of freight as it may with the railroads handling this service for said warehouse.
7. The Warehouse agrees that it will, under the terms of said lease contract between The Nashville, Chattanooga & St. Louis Railway and the Western and Atlantic Railroad as lessors, and the \Varehouse as lessee, dated January 20, 19:30, as well as under this lease con tract with the State of Georgia, construct on said Parcel 1 a building containing not less than 500,000 square feet of floor space, of which not less than 400,000 square feet of floor space shall be designed for use for storage, forwarding and distributing purposes, or uses incidental thereto which said building on its completion shall become and be the property of the State of Georgia subject to this lease and to said lease from The Nashville, Chattanooga & St. Louis Railway and the Western and Atlantic Railroad to the Warehouse. Said building shall cost not less than Two Million Dollars ($2,000,000), shall be not less than fifteen stories in height as to a portion thereof, shall be of fireproof construction, of modern design, plea!!ing in appearance, and of substantial construction. If The Nashville, Chattanooga & St. Louis Railway shall remove and salvage all existing buildings and improvements now on said leased premises on or before June 1, 1930, and shall have given due notice to the Ware-
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163
house of such removal and shall have given the Warehouse, by such date, permission to enter upon said premises for the purpose of erecting the proposed building and improvements thereon, the Warehouse agrees that it will complete said building and facilities not later than August 1, 1931; provided, however, that the date of the completion of such building and improvements shall be extended to the extent of all delays caused by acts of God, strikes, lockouts and any other matters not due to any fault or negligence of the Warehouse. The Warehouse, however, agrees that in any event it will complete the construction of said building on or before August 1st, 1932, but it shall not be liable in any way for failure to complete said building before August 1, 1932. Plans of the proposed building have been approved by both parties hereto and a copy thereof identified by the signature of C. Murphey Candler on behalf of the State and by E. M. Dodds on behalf of the Warehouse is in the possession of each of said parties. Said building shall be constructed in accordance with such plans provided that changes therein desired by the Warehouse not involving a decrease of the amount of space to be designed for use for storage purposes below 400,000 square feet, nor decreasing the cost thereof below S2,000,000, nor lowering the. highest part thereof below 15 stories, nor decreasing the headroom or space designed for operation of said through tracks or said meat track may be made therein from time to time. The \Varehouse rnay construct on said Parcel 2 any building deemed necessary or desirable by it, to be used for the same general purpose3 to which the Pryor Street frontage of the building to be erected on Parcel 1 may be devoted provided the same is attractive in appearance and is constructed in accordance with the building ordinances of the City of Atlanta, and may use the southwesterly wall of said building to be constructed by it hereunder on Parcel 1 as a party wall for use as a part of such building on Parcel 2. Either of said buildings or any buildings hereafter constructed on said demised premises may be used by the Warehouse in connection with any
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building or buildings on adjoining property from time to time owned or leased by it, and for said purpose appropriate entrances through the walls of said buildings may be made, provided that the same do not weaken the structure of said buildings and that on the termination of this lease by lapse of time or otherwise the owners or occupants of such adjoining property shall have no further right to the use of such entrances and the same may be closed up. Changes in said buildings and/or additions thereto necessary from time to time in the judgment of the Warehouse for the proper operation thereof may also be made in said buildings, provided the structure is not weakened thereby nor the amount of space in such building on Parcel 1 designed for use for storage diminished. At the termination of this lease by lapse of time or otherwise, any buildings then on said demised premises and all fixtures therein (other than trade fixtures) shall remain as the property of the State of Georgia. It is understood and agreed that the buildings from time to time on said premises shall be kept in good condition and repair by the Warehouse and insured to the full insurable value, as hereinafter provided for, and shall be turned back to the State at the expiration of this lease in as good condition as when constructed, ordinary wear and tear and depreciation excepted; except that in the event the buildings be destroyed or damaged by fire or other cause, then the duty of the Warehouse shall be for reconstruction and repair, as is stated in section 10 hereof.
8. In the operation of said plant, the Warehouse agrees to make and enforce such reasonable rules and regulations in regard to platforms, loading and unloading, clearances, lighting, ventilation and the like, and to so conduct its business as to prevent, so far as practicable, injury and damage to the property of the State or in its custody or control and the State's employees or licensees. If the parties differ as to whether the provisions of this paragraph have been complied with, then that question shall be sub-
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165
mitted to arbitration as provided for in paragraph 20 of this agreement.
9. The Warehouse agrees to pay the State as monthly rental under this lease, for the property hereinabove described, the sum of Two Thousand Nine Hundred Sixteen and 67/100 (52,916.67) Dollars, said monthly payments to be made upon the first day of each month, in advance, and the first payment on January 1, 1970 to include the additional four days elapsing between midnight December 27, 1969, and January 1, 1970, on a pro rata basis. Said payments shall be made into the treasury of the State of Georgia.
10. The \Varehouse agrees to insure, and keep insured at all times, from the date when said buildings and improvements are erected on the above described premises to December 27, 1999, any and all buildings and improvements that may be, at any time, upon said premises, against loss by fire or other casualties then commonly insured against, said insurance to be for the full insurable value thereof, in such companies as may be mutually satisfactory to the State and the Warehouse. The Warehouse further agrees that in case of damage or destruction by fire or otherwise of the buildings so erected, or any buildings or improvements upon said premises, the Warehouse will commence to repair, rebuild or replace the same, as the case may be, within six months after such loss, expending for such purpose an amount of money equal to the full insurable value of the building or of the portion of the buildings damaged or destroyed. Any and all insurance policies provided for herein shall, subject to the later provisions hereof, be made payable in case of loss to Trust Company of Georgia, a corporation organized under the laws of the State of Georgia and having its principal office in Atlanta, Georgia, or such other Trust Company as may from time to time be agreed on in writing by and between the parties hereto, as Trustee, who shall hold said policies, enforce the same in case of damage or destruction, collect any and all
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monies due and owing from any insurance company, and expend the same in accordance with the terms of this section. It is agreed that in each case when the Warehouse conveys by way of mortgage or trust deed its leasehold interest to a mortgagee or trustee, in accordance with the terms of section 24 hereof, such mortgagee or trustee (provided said mortgagee or trustee has an office and place of conducting its general business in Georgia) shall be substituted as trustee of insurance under the terms of this section, and such mortgagee or trustee shall agree to apply the insurance money in accordance with the terms of this contract. From the date of this contract to midnight of December 27, 1969, all such insurance policies and any proceeds thereof shall be taken and held by such Trustee for the benefit of the State of Georgia, the Warehouse, The Nashville, Chattanooga & St. Louis Railway, The Western and Atlantic Railroad and any mortgagee or trustee in a mortgage or trust deed made pursuant to the provisions of paragraph 24 hereof, as their respective interests may appear, but the proceeds to be used and applied as in this section provided for. From December 27, 1969 to December 27, 1999, all such insurance policies and any proceeds thereof shall be taken and held by such Trustee for the benefit of the State of Georgia, the Warehouse, and any mortgagee or trustee in a mortgage or trust deed made pursuant to section 21 hereof, as their respective interests may appear, but the proceeds to be used and applied as in this section provided for. In case of damage or destruction of the buildings and/or improvements, or any part thereof, any and all monies received from any and all insurance companies therefor shall, by the trustee, at the request of any of the following: the State, the Warehouse, The Nashville, Chattanooga & St. Louis Railway, The Western and Atlantic Railroad, or any mortgagee or trustee in a mortgage or trust deed made pursuant to paragraph 24 hereof, from the date of this contract to December 27, 1969 (and thereafter and until December 27, 1999, at the request of either the State, the Warehouse, or any mortgagee
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167
or trustee in a mortgage or trust deed made pursuant to paragraph 24 hereof) be paid out for repairing, rebuilding, or replacing the building and/or improvements, or any part thereof damaged or destroyed, as the case may be, such payments to be made on architects' certificates from time to time as the work of rebuilding, repairing or replacing progresses; provided, however, that in the event the 'Varehouse shall have repaired, rebuilt or replaced said damaged or destroyed property and have fully paid therefor, all money so received from the insurance company or companies shall be paid directly to the Warehouse. Any and all charges of any trustee for insurance under the terms of this section, shall be paid by the Warehouse. If any dispute arises between the parties hereto as to whetr.er said property is insured to the extent of its full insurable value, the same shall be submitted to and determined by arbitration, as provided in paragraph 20 of this contract. As to tornado and earthquake insurance, the Warehouse will carry such amount as is customarily carried by those carrying this form of insurance on buildings of similar size or character in Atlanta, Georgia. If the parties differ as to how much tornado and earthquake insurance should be carried the same shall be submitted to and determined by arbitration under section 20 hereof.
11. All such insurance policies shall contain a clause that they shall not be cancelled short of expiration by their terms without notice to the State. The Warehouse will furnish to the Governor of the State each year during the term hereof a complete list of all policies for said insurance and renewals thereof, together with receipts or duplicate receipts for the premiums paid for such current year. In case the Warehouse shall at any time during the term hereof neglect to keep said buildings and improvements insured, as herein provided, the State may procure or renew such insurance and add the amount paid therefor to the rent next thereafter falling due, with interest at the rate of seven per cent. per annum.
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12. If after the construction of the said buildings and due to fire or any other cause howsoever arising, the use by the State, or its lessee or any tenant carrier, of the two through interchange tracks on and across said leased premises is interfered with, the State shall have the absolute right to enter immediately upon the premises and take such steps as are necessary to make said tracks available for use and operation, and the Warehouse agrees to pay the State all expenses incurred in opening said tracks for traffic and reimburse it for any loss it may thus have sustained; provided, however, that the Warehouse shall not be liable for any expenses incurred in opening said tracks when such work is made necessary as a result of any act of The Nashville, Chattanooga & St. Louis Railway and/or the Western and Atlantic Railroad and/or the State and /or any tenant carrier or lessee thereof, or for any cause other than the act or negligence of the Warehouse.
13. The State agrees that during the term of this lease it will not let or lease any property owned by it embraced within the city limits of the City of Atlanta, Georgia, to any firm, individual or corporation having for rent, sale or sub-lease storage space therein, in competition with the warehouse facilities of the warehouse, unless and until the State shall have first granted to the Warehouse for thirty days as hereinafter provided the option and privilege of leasing any such property upon the same terms and conditions on which the State may offer such property to any other person, firm or corporation. The State shall deliver to the Warehouse a notice in writing setting forth all of the terms and conditions upon which it is proposing to lease any such property, and the Warehouse shall thereafter have thirty days in which to signify in writing its intention to exercise or not to exercise such option.
14. Should the said Warehouse fail to pay any instalment of the rent herein agreed to be paid by it when due, or should the Warehouse fail to keep the said premises insured in good and solvent companies as herein agreed upon,
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and should the said failure to pay said rent or the said failure to keep the premises insured in accordance with the terms of section 10 continue for ninety days after notice in writing by the State to the Warehouse (and any mortgagee or trustee entitled to such notice as hereinafter prOvided) of such default (time being of the essence of this contract both as to the prompt payment of said rent when due and as to the failure to keep the said premises insured), then the State may at its option cancel this contract and take possession of said premises without any other or further notice. If at the time such notice of default is given to the Warehouse there shall be a mortgage or trust deed on said property and notice in writing of the name and post office address of the mortgagee or trustee under such mortgage or trust deed shall have been given to the State, then notice in writing of the default shall also at the same time be served on such mortgagee or trustee. This right to so cancel said contract is cumulative of all other rights under the laws of the State of Georgia which are given to landlords in such cases.
15. All of the said buildings and improvements herein contracted or permitted to be erected by the Warehouse shall when and as erected be and become the property of the State of Georgia but subject to this lease and while said lease from The Nashville, Chattanooga & St. Louis Railway and the Western and Atlantic Railroad to the Warehouse is in effect also to that lease. The Act creating said Western & Atlantic Railroad Commission having authorized said Commission to agree upon taxes to be paid to the State of Georgia upon the improvements and structures so erected upon any of the property of the State of Georgia as aforesaid, and the State being the owner of said property in fee simple, it is hereby agreed between the State and the Warehouse that, inasmuch as the said real estate, which is the subject matter of this lease, is public property, the same is hereby exempted from the payment of all taxes, l>tate, county and/or municipal from and after
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the date of the commencement of said lease from said The Nashville, Chattanooga & St. Louis Railway and the Western and Atlantic Railroad to the Warehouse and until December 27, 1999; and inasmuch as the buildings, improvements and structures to be erected thereon under this contract are permanent and thus become the property of the State and become a part of the realty, the said improvements and structures so erected upon said property, from the time of their erection, are likewise hereby exempted from all taxation by the State, or by any county, or municipality thereof from and after the date of the commencement of said lease from said The Nashville, Chattanooga & St. Louis Railway and the Western and Atlantic Railroad to the Warehouse and until December 27, 1999.
16. All notices herein required to be given by the Warehouse to the State shall be in writing either delivered or mailed by United States registered mail postage prepaid, addressed to the Governor of the State of Georgia at the executive offices of the Governor. All notices to be given by the State to the Warehouse shall be in writing by the Governor of the State either delivered or mailed bv United States registered mail postage prepaid, addressed to the Warehouse at its office in Atlanta, Georgia. After the Western & Atlantic Railroad Commission, which has executed this lease contract in behalf of the State, shall have made its report to the legislature, as required by the said Act approved August 24th, 1929, and shall have dissolved, it is agreed that the Warehouse shall be entitled to deal with the Governor of the State in all matters arising under this lease contract, it being the intention of the parties hereto that the Governor of the State shall fully and completely represent the State after such time in all matters and particulars.
17. In case The Nashville, Chattanooga & St. Louis Railway should default in the payment of rent or in the carrying out of any other covenant or condition required of it under the terms of its said lease contract with the
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State of Georgia dated May 11, 1917, under which 1t 1s now leasing the Western & Atlantic Railroad, and if on that account or if for any other reason such lease contract should be cancelled and terminated prior to December 27, 1969, then and in that event the State hereby agrees that the said lease from The Nashville, Chattanooga & St. Louis Railway and the Western and Atlantic Railroad to the Warehouse dated the 20th day of January, 1930, of which a copy is hereto attached as Exhibit 1 shall nevertheless continue (and it is hereby in such event continued) in full force and effect as a lease between the State and the Warehouse throughout the full term thereof in accordance with and subject to the provisions thereof, and if in such case the State should continue in possession and control of said property with or without the operation of said railroad then it hereby assumes and agrees to perform all the covenants and obligations of The Nashville, Chattanooga & St. Louis Railway and the Western and Atlantic Railroad as lessors in said lease to the Warehouse and if in such case it (the State) leases or otherwise conveys said property so demised with or without said railroad to some one else, it covenants and agrees that it will cause such other person, firm or corporation to assume and perform all of the rights, privileges, obligations, liabilities and responsibilities granted to and imposed upon The Nashville, Chattanooga & St. Louis Railway and the Western and Atlantic Railroad as lessors by the terms of the said lease between it as such lessor and the Warehouse dated January 20, 1930. In case of any such cancellation and termination prior to December 27, 1969, of such lease contract of May 11, 1917, the State, or in case of another such lease of the Western and Atlantic Railroad by it, its lessee, or in case of sale of said railroad or said property, its purchaser, will become lessor of the property hereby demised until December 27, 1969, under the terms of the said lease con tract between The Nashville, Chattanooga & St. Louis Railway and the Western and Atlantic Railroad as lessors and the Warehouse as lessee; and the Warehouse agrees that in any of
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such events it will accept the State, or its lessee or its purchaser, as the case may be, as its lessor and will pay to its new lessor all rental thereafter falling due under such lease contract between The Nashville, Chattanooga & St. Louis Railway and the Western and Atlantic Railroad, as lessors, and the Warehouse as lessee dated January 20, 1930. In the event of such cancellation of.said lease of May 11, 1917, from the State to The Nashville, Chattanooga & St. Louis Railway prior to December 27, 1969, but in the further event that the State neither operates, sells nor leases the Western & Atlantic Railroad, but decides to continue in possession of said property without the operation of said railroad, then and in that event, the State agrees that it will nevertheless at all times during the term of said lease from said The Nashville, Chattanooga & St. Louis Railway and the Western and Atlantic Railroad to the Warehouse and also the term of this lease maintain the tracks in accordance with the plans submitted and agreed to at the time this agreement is signed, and made part hereof, some one or more of said tracks at all times to connect with one or more of the railroads entering the City of Atlanta, and in such event the Warehouse shall have the right to use such tracks and connections but must make such agreements regarding delivery and receipt of freight as it may with the railroads handling this service for said Warehouse.
18. It is agreed that all indemnities, immunities, releases and acquittances, and bonds to indemnify against damages that may occur, or accrue, by reason of the construction, erection and operation of the building herein provided for that are contained in the said lease contract of January 20, 1930, between The Nash ville, Chattanooga & St. Louis Railway and the Western and Atlantic Railroad as lessors, and the \Varehouse as lessee, likewise run to and in favor of the State of Georgia.
19. It is further agreed that inasmuch as the Commission which enters into this contract is acting under au-
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173
thority of a public law of the State of Georgia, there shall be no personal or individual liability whatever upon any member of said Commission, should it be determined by competent authority that any portion of this contract is in excess of the authority granted the Commission by the Act creating the same, or should any part of this con tract be declared to be unauthorized by said legislative enactment, unconstitutional or void for any other cause, ;;nd there shall be no personal or individual liability upon any member of said Commission for any matter or thing growing out of this con tract.
20. If at any time any question shall arise on which under the preceding provisions hereof either party hereto is entitled to arbitration, upon which question the parties hereto cannot agree, such question shall be submitted to the arbitrament of three (3) disinterested persons to be chosen, one by the State, one by the \Varehouse and one by the two so chosen. It is understood and agreed that neither party hereto shall be entitled to arbitration of any question arising under any provision of this contract excepting where arbitration is especially provided for herein but such arbitrators shall under no condition have any authority to eliminate any section from this lease contract.
The party desiring such arbitration shall select its arbitrator and give written notice thereof to the other party and shall in such notice state in substance the matter or matters which it proposes to submit to the arbitrators for decision; and only the matters so stated shall be considered or decided by them. Such other party shall within ten (10) days after receipt of such notice appoint a second arbitrator. If such other party shall fail to name an arbitrator within ten (10) days after notice as aforesaid has been given to it, the party giving such notice may apply to the Chief Justice of the Supreme Court of Georgia for the appointment of an arbitrator for and in behalf of the party thus notified and such judge may, after reasonable notice to the party thus notified, make the appointment.
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The arbitrator so appointed by such judge shall have the same power and authority as if he had been chosen by such other party. The two arbitrators appointed as above provided (if they fail to agree upon the matter in issue) shall appoint the third arbitrator, but if they fail to select the third arbitrator within ten (10) days after the selection of the second arbitrator as aforesaid (in the event of difference as to the matter in issue), such third arbitrator may be appointed by the Chief Justice of .the Supreme Court of Georgia on the application. of either party hereto after ten days' notice in writing to the other party of its intention to make application therefor.
The arbitrators shall, as soon as possible after their selection, meet to hear and decide the questions submitted to them and shall give to each party reasonable notice of the time and place of such meeting. After hearing both parties and taking such testimony or making such investigation as they may deem necessary, the arbitrators shall make their award in writing upon the question or questions so submitted to them and shall serve a copy of such award upon each party hereto. The award of such arbitrators, or a majority of them, shall be final and binding upon both parties, and each or either party shall immediately make such changes in the conduct of its business or otherwise or such payment or restitution, as the case may be, as in and by such award may be required of them respectively.
The books, papers and records of each party, so far as they relate to the matter submitted to arbitration, shall be open to the examination of the arbitrators. Until the arbitrators shall make the award upon any question submitted to them, the business, settlements and payments to be transacted and made und~r this agreement shall continue to be transacted and made in the manner and form employed prior to the arising of such question or questions.
21. (a) The Warehouse shall, at any time or times hereafter, have the right to tear down and dismantle the building and improvements erected by it under this con-
SATt:RDAY, Ju!\E 27, 19:31.
17:-i
tract on said Parcel 1, or any other building or improvements hereafter placed on said Parcel 1 (and to dispose of the materials therein for its own benefit), and to erect in place thereof a building and improvements costing a sum of money equal to at least the value of the building to be torn down at the date of such tearing down or dismantling. Before tearing down or dismantling such building, the Warehouse shall give to the State a bond in the sum of the amount to be expended, guaranteeing the construction and erection of a new building and improvements. The question of the then value of the building proposed to be torn down, if not agreed on, shall be left to arbitration in accordance with the terms of paragraph 20 of this contract, and the amount of the bond to be given by the Warehouse for erection of the new structure shall, if not agreed on by the parties, equal the amount determined by such arbitrators. Such new building shall be designed for use for a general and cold storage business, a distributing and forwarding business, a loft and office building, and uses incidental to the operation thereof. Such building shall be of fireproof construction, of then modern design, pleasing in appearance, and of substantial construction. Before beginning the dismantling or tearing down of the building proposed to be torn down, the \Varehouse shall submit to the State plans and specifications for the new proposed building, which shall be approved by the State in advance of the tearing down of the existing building. However, in case the State shall not approve such plans and specifications within ninety days after they are submitted for approval, the question whether such plans and specifications meet the requirements set out in this con tract for such new building shall, at the request of either party hereto, be left to arbitration, as set forth in paragraph 20 hereof. If such plans and specifications are approved by such arbitrators, the Warehouse shall be authorized to proceed with the dismantling of the old building and the construction of the new building; but if such plans and specifications are not approved by such arbitrators, the Warehouse before it
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shall have the right under this section to tear down and/or remove the then existing building and improvements shall submit other plans and specifications therefor, which shall in each case be acted on in the same manner as above provided for those so first submitted and if not approved by the State may likewise be submitted to arbitration, and when plans and specifications for the new building and improvements are approved by the State or by arbitrators, the Warehouse may tear down and/or remove the existing building and improvements and construct on said premises the new building and improvements, in accordance with such plans and specifications so approved.
(b) Any building hereafter constructed by the Warehouse on said Parcel 2 may at any time during the term hereof be torn down and removed by the Warehouse (and the materiais therein disposed of for its own benefit) and a new building constructed in place thereof, provided such new building is attractive in appearance and is constructed in accordance with the building ordinances of the City of Atlanta. For any such new building on Parcel 2 the Warehouse may use the Southwesterly wall of the building at the time on Parcel 1 as a party wall for use as a part of such building on Parcel 2. Any such new building shall be used for the same general purposes to which the Pryor Street frontage of the building to be erected on Parcel 1 may be devoted.
(c) In case any new building is erected in accordance with the terms of this section, all of the terms and provisions of this contract shall remain in full force and effect, and be as applicable to the new building erected under this section of this contract as such provisions were applicable to the building which was dismantled and destroyed, and said new building shall become the property of the State subject to this lease and while said lease from The Nashville, Chattanooga & St. Louis Railway and the Western and Atlantic Railroad to the Warehouse is in effect also to that lease.
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177
22. The State of Georgia, if and when it again leases the Western & Atlantic Railroad, may at its option assign its lessor's interest in this contract to such lessee railroad, which shall in writiing assume all the obligations of the Stare hereunder, whereupon such lessee railroad shall hecome the party of the first part to this contract; provided, however, that such assignment shall neither terminate nor modify the obligations of the State to the party of the second part.
23. The State shall have the right, in the event it again leases the Western & Atlantic Railroad, for a period beginning December 27, 1969, or for any other period, or in the event it sells said Railroad, or in the event it takes over the operation of said Railroad on December 27, 1969, or at any other time, to require that the Warehouse shall, as to the State, or such lessee or such purchaser, as the case may be, comply with the requirements contained in paragraphs 2 (e), 4 (b), 4 (c), 5 (a), 5 (b), 5 (c), 5 (d), 5 (e), 17, of the said lease contract between The Nashville, Chattanooga & St. Louis Railway and the Western and Atlantic Railroad, as parties of the first part, and the Warehouse as party of the second part, dated the 20th day of January, 1930; and the Warehouse agrees upon its part and in such events to comply with such requirements so set forth in said lease contract.
24. The lessee herein may sell and convey its leasehold interest in said demised premises hereby created and in the buildings thereon, at any time hereafter, provided that at the date of such sale, conveyance or assignment, it shall not be in default in any of the covenants and agreements herein contained to be kept, observed and performed by the lessee and shall then have paid all rents, assessments, insurance premiums, and all other charges of every kind which shall be due and payable under this lease at the date of any such sale, conveyance or assignment; provided, also, that such sale, conveyance or assignment by the lessee shall be evidenced by an instrument in writing, duly
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executed under seal and acknowledged by the assignee or assignees, and duly recorded in the office of the Clerk of the Superior Court of Fulton County, Georgia, wherein and whereby such assignee or assignees shall expressly accept and assume all the terms and covenants in this lease contained to be kept, observed and performed by the lessee, and become bound to personally therewith, a duplicate of which instrument duly executed shall be delivered to the lessor herein within thirty (30) days after the date of the delivery thereof to such assignee. And the lessee covenants and agrees that lessee will not make any sale, conveyance or assignment of this lease except in the manner and upon the conditions above set forth; and it is expressly covenanted and agreed by and between the parties hereto that any attempted sale, conveyance or assignment of the lessee's interest herein or in said leased premises and the buildings thereon by the lessee, without complying with the covenants and conditions of this section, shall be. null and void. And it is further covenanted and agreed by and between the parties hereto, that in the event that any sale, conveyance or assignment shall be made at the times, under the conditions and in the manner hereinbefore set forth, the assignee or assignees shall be subject to the same terms and conditions as to future assignments, and to all the covenants, agreements, provisions and conditions contained in this lease.
And it is further covenanted and agreed by and between the parties hereto that the party herein assigning or conveying the leasehold estate hereby created, upon the conditions and in the manner hereinbefore set forth, shall thereby be forever released and discharged from any and all obligations arising or accruing under the covenants and agreements in this lease subsequent to the date of such conveyance or assignment and the completion of the building required by this lease contract to be erected on said Parcel 1 by the lessee and payment in full therefor, leaving said premises and building free and clear of any mechanic's lien or any claims on account of such work which might ripen
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179
into such lien and provided such conveyance or assignment shall have been made to carry into effect an absolute and bona fide sale of the lessee's interest in this lease and said premises, it being expressly agreed that in the event of any assignment of this lease the lessee and also any such assignee shall remain personally liable under the covenants of this lease until the building required by Section 7 of this lease contract to be erected on said Parcel 1 by the lessee shall have been completed and fully paid for, leaving said premises and building free and clear of any mechanic's lien or any claim on account of such work which might ripen into such lien. It is expressly covenanted and agreed by and between the parties hereto that nothing in this lease contract contained shall be construed as restricting the right of the lessee to mortgage lessee's leasehold interest in said demised premises created by this lease contract and in the buildings at any time thereon as provided for in this lease contract, and the lessee is hereby expressly given the right at any time, and from time to time, to mortgage lessee's interest herein and in said demised premises and in the buildings at any time situated thereon by mortgage or trust deed, and it is further mutually covenanted and agreed that the mortgagee or Trustee in any such mortgage or trust deed and the holder or owner of the indebtedness secured by such mortgage or trust deed shall not become personally liable upon the covenants of this lease unless and until they or their assigns shall become the absolute owners of the leasehold estate created by this lease. None of the rights of the State in the demised premises not vested in the lessee by this lease contract, shall in any way be impaired by any such mortgage or trust deed. Any purchaser properly acquiring under foreclosure of such mortgage or trust deed, the leasehold estate hereby created, upon taking possession of the demised premises in pursuance of the sale or decree under which such purchaser becomes the owner of the leasehold estate hereunder, shall thereby become the owner of said leasehold estate with like effect as if such purchaser had received a direct assignment thereof, but
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such purchaser so acquiring title to said leasehold estate shall not be entitled to exercise the rights of the lessee hereunder until such time as such purchaser shall execute and deliver to the lessor herein an instrument in writing assuming the performance by such purchaser of the covenants of the lessee herein, and agreeing to be personally bound thereby in the same manner and to the same extent as is hereinbefore provided in the case of absolute conveyance and assignment by the lessee of lessee's interest herein.
25. It is further covenanted and agreed by and between the parties hereto that all the covenants, agreements, conditions and undertakings in this lease contained shall extend to and be binding upon the respective successors and assigns of the respective parties hereto the same as if they were in every case named and expressed, and that the same shall be construed as covenants running with the land; and wherever in this lease reference is made to either of the parties hereto, it shall be held to include and apply to the successors and assigns of such party the same as if in each and every case so expressed.
In IVitness Whereof, the parties hereto have hereunto set their hands and seals this 11th day of March, 1930.
STATE OF GEORGIA
By
C. MuRPHEY CANDLER,
w. F. JENKINS,
L. G. HARDMAN, WM. D. ANDERSON,
w. C. MARTIN,
C. K. C. AusLEY, H. H. SWIFT, H. T. MciNTOSH,
Members of the Western & Atlantic Railroad Commission.
SATURDAY, JuNE 27, 1931.
181
Signed, sealed and delivered as to Western & Atlantic Railroad Commission in presence of:
}No. B. WILlow, Mn. H. C. CAR.RINGTON, (Notarial Seal) Notary Public,
State at Large, Georgia.
DIXIE TERMINAL BUILDING COMPANY,
(Corporate Seal)
By H. E. PoRO:NTO,
President.
ATTEST:
P. R. GATES,
Secretary.
Signed, sealed and delivered in the presence of;
E. E. HESI"E,
MAURICE CoHEN,
(Notarial Seal) Notary Public.
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EXHIBIT "E"
LEASE
THE NASHVILLE CHATTANOOGA AND ST. LOUIS RAILWAY AND
THE WESTERN AND ATLANTIC-RAILROAD
TO
DIXIE TERMINAL BUILDING COMPANY
DATED JANUARY 20, 1930.
Filed for Record in the office of the Clerk of the Superior Court of Fulton County, Georgia, on the 21st day of April, 1930, at 2:00 o'clock P. M., and recorded in Book 1310, Page 637.
THIS LEASE CONTRACT made and entered into this 20th day of January, 1930, by and between THE NASHVILLE, CHATTANOOGA & ST. LOUIS RAILWAY, a corporation organized under the laws of the State of Tennessee and having its principal office in Nashville, Tennessee, and THE WESTERN AND ATLANTIC RAILROAD, parties of the first part, hereinafter together for convenience referred to as the "Railway"; and DIXIE TERMINAL BUILDING COMPANY, a corporation organized and existing under the laws of the State of Delaware and authorized to do business in Georgia, party of the second part, hereinafter for convenience sometimes referred to as the "Warehouse",
SATURDAY, JUNE 27, 1931.
183
WITNESSETH:
Whereas, under an Act of the General Assembly of Georgia approved November 30, 1915, and all amendments thereto, The Nashville, Chattanooga & St. Louis Railway leased from the State of Georgia by contract dated May 11, 1917, the Western & Atlantic Railroad for a period of fifty (50) years terminating at midnight December 27, 1969, included in which leased property was the passenger depot site and building in the city of Atlanta, Georgia, being the land hereinafter described, lying between Pryor Street and Central Avenue; and,
Whereas, the Warehouse desires to construct and operate on said property hereinafter more particularly described a large facility as per plan hereinafter mentioned and to he designed for use for the major part as a storage warehouse, hut also embodying in a lesser way space for office, display rooms and manufacturing; and,
Whereas, it seems desirable for the Railway to permit the Warehouse, subject to all the terms of said Lease Act and Lease Contract, to construct and operate said facility to the end that the volume of the tonnage handled by the Railway may be increased; and
Whereas, The State of Georgia and the Warehouse pursuant to an Act of the Georgia legislature approved August 24, 1929, are simultaneously herewith entering into a lease contract dated the 20th day of January, 1930, a copy of which is attached hereto as Exhibit 1.
Now, Therefore, in consideration of the premises and the mutual covenants hereinafter set forth, it is agreed by and between the parties hereto, as follows:
1. (a) The Railway, subject to all the terms and provisions of said Act of Georgia commonly known as the Lease Act, approved November 30, 1915, and all amendments and supplements thereto, and said Lease Contract dated May 11, 1917, leases to said Warehouse for the uses,
184
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purposes and considerations hereinafter set forth from the date hereof until midnight December 27th, 1969, the two following described parcels of land, together with all buildings, improvements and fixtures hereafter erected or constructed on said two parcels of land, specifically excepting therefrom all existing and future railroad tracks and turnouts and fully retaining an easement for track construction, maintenance and operation thereon, as defined in paragraph 1 (c) hereof and subject to the right of the City of Atlanta, if any, to maintain the viaducts on Wall Street, Pryor Street, and Central Avenue, in their present positions with an overhang on such parcels of land, said parcels being described as follows:
Parcel 1. A certain strip or parcel of land situated in the City of Atlanta and being a part of Land Lot No. 77 of the Fourteenth District of originally Henry, now Fulton County, Georgia, and extending from the east margin of Pryor Street to the west margin of Central Avenue as reconstructed recently, which said land is bounded and described as follows:
Beginning at a point in the easterly line of Pryor Street one hundred thirty-two (132) feet north of the northeast corner of Pryor and Alabama Streets; thence north along the east edge of Pryor Street, one hundred forty-five feet six and one-half inches (145' 6 ~"), more or less, to Wall Street as recently reconstructed; thence in an easterly direction along the south edge of Wall Street, a distance of three hundred sixty-six feet six and five-eighths inches (366' 6 5/8") more or less to the westerly line of Central Avenue as recently reconstructed; thence in a southerly direction along the west line of Central Avenue, a distance of one hundred fifty-seven feet nine and five-eighths inches (157' 9 5/8") more or less to the southern boundary line of the Union Depot lot, said southern boundary line being described in a deed from Jane L. Mitchell et a!. to the State of Georgia dated October 29, 1870, recorded in
SATURDAY, JuNE 27, 1931.
185
Book "N", page 742 at the Clerk's Office, Superior Court, Fulton County, Georgia; thence in a westerly direction with the southe.rn boundary line of said depot lot, a distance of three hundred forty-six feet seven inches (346' 7") more or less to the point of beginning.
Parce/2. A certain strip or parcel of land situated in the City of Atlanta and being a part of Land Lot No. 77 of the Fourteenth district of originally Henry, now Fulton County, Georgia. Said strip of land is more particularly bounded and described as follows:
Beginning at a point in the easterly line of Pryor Street one hundred thirty-two (132) feet north of the northeast corner of Pryor and Alabama Streets (this being the same beginning point as described above in the First tract); thence in an easterly direction on a straight line following the south boundary of the Union Depot lot (said boundary being described in a deed from Jane L. Mitchell et a!. to the State of Georgia dated October 29, 1870, recorded in Book "N", page 742 at the Clerk's Office, Superior Court, Fulton County, Georgia), a distance of one hundred feet five inches (100' 5") to an iron stake; thence in a southerly direction parallel to the easterly line of Pryor Street a distance of seventeen feet ten inches (17' 10") to an iron stake, which marks a point ten (10) feet from the northeast corner of the brick building owned by Mrs. Sarah Grant Slaton; thence in a westerly direction on a direct line, a distance of one hundred feet two inches (100' 2") to a point in the easterly line of Pryor Street ten (10) feet north of the wall of the brick hotel building owned by Massell; thence northwardly along the easterly line of Pryor Street on a direct line twentyone feet five inches (21' 5") to the point of beginning subject to such easements as exist, if any, in favor of the owners of lots fronting on Alabama Street.
186
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Said land hereinabove described and hereby demised is shown enclosed in red lines on the plat hereto attached as Exhibit 2.
(b) The Railway covenants that it has good title to the leasehold estate created by said lease from the State of Georgia, dated May 11, 1917, free and clear of all liens and encumbrances, except the lien of the Railway's First Mortgage dated February 1, 1928, a release of the demised premises from which will be obtained by the Railway promptly, and warrants to the lessee herein the quiet and peaceable possession and enjoyment of said property hereby demised during the entire term hereof excepting as to the easement described in the description of Parcel 2 above.
(c) The said lease is made, subject, however, to the
right of the Railway for itself and such other railr:::>ads as
it may desire to have the continued and uninterrupted use
of the two through interchange tracks, and the track near-
est the rear of the Alabama Street lots referred to in the
description of parcel two above (and commonly known as
the "Meat Track") and further to have such use for itself
and such other railroads as it may desire of the three service
tracks on the property herein leased (all of said tracks
being shown colored in green on Exhibit 2 hereto attached
and being on the surface of the ground), provided that the
use of said service tracks and/or of any tracks excepting
the said two through interchange tracks and said "Meat
track" shall not in any manner interfere with the operations
of the Warehouse or with the use of such tracks bv the
V\T arehouse.
(d) The Railway will perform the usual switching service for the receipt and forwarding of freight by the \Varehouse, its tenants and patrons. It will construct and maintain the service and through tracks underneath the warehouse in accordance with said plan which has been submitted to and approved by the Warehouse, and is attached hereto as Exhibit 2; and in consideration of this, the Warehouse will provide in its construction of said build-
SATL"RDAY, JuNE 27, 1931.
187
ing smoke chambers and stack to arrange for satisfactorily disposing of smoke and gases arising from engines, and will maintain such smoke chambers and stack. It is understood and agreed that the Railway shall not be liable for any damage claimed or done to any property of the Warehouse or to the property of others using the vVarehouse's facilities by reason of exhaust, smoke or gases from locomotive operation and the Railway shall at all times have the right to enter upon said property for the purposes of inspecting, maintaining, operating and using the tracks and incidental facilities. Disputes arising under this paragraph (d) of section 1 shall be subject to arbitration.
(e) The Railway will remove and salvage for its own benefit all existing buildings and improvements now on said leased premises on or before June 1, 1930, and will hold the Warehouse harmless against any and all actual losses by reason of failure to remove and salvage the buildings within the time specified, unless such failure be due to circumstances beyond the control of the Railway. The Railway hereby grants to the Warehouse the right and privilege of entering upon the above described premises for the purpose of commencing C'Jnstruction as soon before June 1, 1930 as it shall be practicable to begin such construction without interfering with the work or operations of the Railway. It is understood that the Warehouse will not enter upon said premises until receiving written notice from the Railway that it may do so. It is agreed that the Railway will give the Warehouse written notice that the Warehouse may enter upon the above described premises as soon as possible and in no event later than June 1, 1930. Disputes arising under this paragraph (e) of section 1 shall be subject to arbitration.
(f) It is agreed between the Railway and the Warehouse that, when cars loaded with traffic consigned to the Warehouse or its tenants or patrons are placed on tracks serving the Warehouse for unloading, and the Railway's locomotive is detached therefrom, delivery of such traffic shall be con-
188
JouRNAL OF THE HousE,
sidered completed and liability of the Railway as common carrier or warehouseman shall forthwith terminate. Delivery of freight in carload lots to the Railway by the Warehouse or its tenants or patrons shall not be deemed to have been effected until the car or cars into which such freight has been loaded has or have been taken into the actual physical possession of the Railway by moving said car or cars from said warehouse tracks, or proper bill of lading has been issued by the Railway to the Warehouse, its tenants or patrons for said freight; provided, however, that the Warehouse's obligation hereunder (paragraph (f) of Section 1) so far as its tenants and patrons are concerned, is only to use its best efforts to have such tenants and patrons so agree.
(g) Except as otherwise provided herein, the Railway will indemnify and protect the Warehouse, its tenants and patrons, from any loss resulting from the negligence of the Railway or that of its tenant carriers.
2. (a) Provided the Railway shall have complied with the provisi:ms of paragraph 1 (e) hereof and delivered possession on or before June 1, 1930, the \Varehouse will proceed, at a date not later than August 1, 19:30, to construct on Parcel 1 above described a building containing not less than 500,000 square feet of fbor space, of which not less than 400,000 square fe~t of floor space shall be designed for use for storage, forwarding and distributing purposes or uses incidental thereto, and will complete the same ready for operation on or before August 1, 1931, provided that the time for completion of said building shall be extended to the extent of the aggregate of all delays in the work occasioned by the acts of God, strikes, lockouts and any other matters not due to any fault or negligence of the \Varehouse, and provided that the Warehouse shall notify the Railway in writing at its principal office at Nashville, Tennessee, of the existence of such delay within a reasonable time from the c.Jmmencement thereof. Plans of the proposed building have been approved by both parties here-
SATURDAY, JuNE 27, 1931.
189
to and a copy thereof identified by the signature of J. B.
Hill on behalf of the Railway and by E. M. Dodds on behalf of the Warehouse is in the possession of each of said parties. Said building shall be constructed in accordance with such plans, provided that changes therein desired by the Warehouse not involving a decrease of the amount of space to be designed for use for storage purposes below 400,000 square feet nor decreasing the headroom or space designed for operation of said through tracks or said meat track may be made thenin from time to time. The Warehouse may construct on said Parcel 2 any building deemed necessary or desirable by it to be used for the same general purposes to which the Pryor Street frontage of the building to be erected on Parcel 1 may be devoted, provided the same is attractive in appearance and is constructed in accordance with the building ordinances of the City of Atlanta, and may use the southwesterly wall of said building to be constructed by it hereunder on Parcel 1 as a party wall for use as a part of such building on Parcel 2. Either of said buildings or any buildings hereafter constructed on said demised premises may be used by the Warehouse in connection with any building or buildings on adjoining property from time to time owned or leased by it, and for said purpose appropriate en trances through the walls of said buildings may be made, provided that the same do not weaken the structure of said buildings on the demised premises and that on the termination of this lease by lapse of time or otherwise the owners or occupants of such adjoining property shall have no further right to the use of such entrances and the same may be closed up. Changes in said buildings on the demised premises and/or additions thereto necessa;-y from time to time in th~ judgment of the \Varehouse for the proper operation th~reof may also be made in said buildings, provided. the structure is not weakened thereby nor the amount of space in such building on Parcel 1 designed for use for storage diminished. Said buildings shall be the property of the State of Georgia but subject to this lease, and at the termination of this lease by
190
JouRNAL OF THE HousE,
lapse of time or otherwise, any buildings then on said demised premises and all fixtures therein (other than trade fixtures) shall remain as the property of the State of Georgia or the then owner of the fee title to said land.
(b) Pending and during the construction by the \\'arehouse, it (including all con tractors and others on said premises) will so conduct its or their work that at no time will the operations of the Railway and its tenant carriers in interchange with connections be unduly interfered with, it being distinctly understood that the through interchange tracks must be kept open for operation at all times.
(c) The buildings on the demised premises shall be of fireproof construction, of modern design, pleasing in appearance and substantial in construction.
(d) Where work done by or for the \V arehouse is claimed by the Railway as not being done in accordance with said plans and any changes therein approved as aforesaid, then a recognized expert, to be paid equally by the \\'arehouse and the Railway shall be chosen by the Warehouse and the Railway jointly, and his decision on any such disputed matter shall be final.
(e) The principal inducement to the Railway to enter into this lease contract is that its revenue may be increased through its handling in freight service to or from :\ tlan ta, Georgia, of goods stored in or moving through said building. Accordingly, the \Varehouse agrees, that, so far as it legally may, it will, the rates and service or the Railway being substantially equal to those offered by others, use every reasonable effort to promote the earnings of the Railway by encouraging the movement of freight into or out of said building over its rails, where and when such m:wement is reasonably expedient. The Warehouse further agrees to endeavor to similarly influence its tenants and patrons, and when it can, to endeavor to obtain a clause to this same general effect in all leases and con tracts entered in to with tenants and other users of the property. Breach of the cove-
SATURDAY, JuNE 27, 1931.
191
nants of this paragraph (e) of Section 2 shall not work a forfeiture of this lease con tract but the question as to whether the Warehouse is violating this paragraph (e) of section 2 may be the subject of arbitration as provided in section 8 below and if such violation be found to exist, changes in the conduct of its business shall be made by the Warehouse to avoid thereafter such violation.
(f) In the operation of said plant, the Warehouse hereby agrees to make and enforce such reasonable rules and regulations in regard to platforms, loading and unloading, clearances, lighting, ventilation, and the like, as will prevent, so far as practicable, damage and injury to the Railway's property and that in its custody or control and the Railway's employees or licensees. Disputes arising under this paragraph (f) of section 2 shall be subject to arbitration.
(g) The R~ilway agrees that it will cooperate with the \Yarehouse in every reasonable way and furnish it, its tenants and pa trans, with switching, rates and service as goo:l as that furnished under similar conditions by other railroads entering Atlanta. Disputes arising under this paragraph (g) of section 2 shall be subject to arbitration.
3. The consideration to be furnished by the \Varehouse for this lease con tract shall be the following:
(a) The construction on Parcel 1 and operation of the said proposed building by the Warehouse.
(b) The reasonable promotion by the Warehouse of traffic for the Railway as aforesaid during the entire p~riod
hereof.
(c) The payment to the Railway within ten days after
the close of each month in each year of 1/12 of the annual
rental for such year set opposite such year in the following
list:
For the year 1933
$15,000.00
" " " 1934
15,000.00
" " " 1935
15,000.00
192
JouB.NAL oF THE HousE,
. . . For the year 1936
1937
."
"
.u ." .u
."
u
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n
u
" 1938 " 1939 " 1940 " 1941 " 1942 " 1943 " 1944 " 1945 " 1946
"
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" 1947
" 1948 " 1949 " 1950 " 1951 " 1952
.. 1953 1954
" 1955
."
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."."
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... "
" 195() " 1957
. 1958 . 1959
" 1960 " 1961
. 1962
. 1963
u 1964
..."u
..""
"
." 196;)
" 1966 1967
." 1968 1969
$ 15,000.00. 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 31,000.00 31,000.0::1 31,000.00 33,000.00 33,000.00 33,000.00 33,000.00 33,000.00 33,000.00 34,800.00 34,800.00 34,800.00 34,800.00 34,800.00
There is to be no rental charge for the years 1930, 1931, and 1<)32.
4. The Warehouse specifically agrees to the following:
SATURDAY, JuNE 27, 1931.
193
(a) To keep in effect insurance as provided in section 6 below.
(b) To furnish to the Railway on the first day of February each year a statement of aggregate tonnage moving into and out of sajd building on Parcel 1 during the preceding year, showing separately the railroad tonnage included in the aggregate, and to give the Railway as it may desire the opportunity to check from the records of the Warehouse the accuracy of such statements.
(c) That neither the Warehouse, nor its assignees or lessees shall without the approval of the Railway use said buildings to be erected on the demised premises for the purpose of carrying on or engaging in any businessfreight, passenger, mail or express-in competition with the railroad business of the Railway; provided, however, that nothing contained in this lease contract shall prevent the Warehouse or any of its assignees or lessees from doing any and all things, of whatsoever kind or nature, necessary or properly incidental to the storage of goods in said building, and also the movement, consolidation, accumu ation, forwarding and distribution of goods to the extent the same shall be incidental to warehouse storage.
Whether truck movements in and out of said Warehouse are primarily competitive with the Railway or merely incidental to a legitimate storage business is subject to arbitration under section 8 hereof and if such violation be found to exist, the Warehouse will promptly change the conduct of its business accordingly.
(d) That the Warehouse will pay all taxes, if any, on the leasehold estate heren created and all assessments for public improvements, which may be legally levied or assessed against the above described property during the term hereof and after it has the right to take possession under this contract. Also the Warehouse will pay all corporation franchise taxes and franchise andjor privilege taxes on the use or occupation of the demised premises
194
JouRNAL OF THE HousE,
legally levied or assessed against it. Should the Warehouse fail or refuse to pay such taxes or assessments justly due, the Railway may do so and add the amount so paid, with interest thereon at seven (7) per cent. per annum, to the next instalment of rent, provided that nothing herein shall prevent the Warehouse from contesting in good faith the amount or validity of any tax or assessment claimed to be payable by it and while it is so contesting the same payment thereof shall not be made by the Railway. Should section 15 of the said lease contract between the Warehouse and the State dated January 20, 1930 be changed or modified in any way by subsequent agreement between the Warehouse and the State, the Warehouse agrees that it will assume and pay any tax liability which may be assessed against or may be claimed to be due from the Raiway growing out of such change or modification of said contract between the State and the Warehouse.
5. (a) The Warehouse expressly agrees that it will not authorize any others to use any of the Railway's tracks or facilities without the written consent of the Railway, and that it, the Warehouse, will indemnify and hold harmless the Railway from any loss or damage which the Railway may sustain on this account, it being understood that the tracks serving the Warehouse and the ground they occupy shall be used solely for loading, unloading and transferring freight interchanged between railroad cars and platforms of the Warehouse.
(b) The Warehouse further agrees that it will indemnify and hold said Railway harmless against the claims of property owners and others who may claim damages for or on account of the construction, maintenance andjor operation of said buildings and all liabilities arising therefrom.
(c) The Warehouse also agrees to indemnify and hold harmless the Railway for loss, damage or injury caused or contributed to by any negligent act or omission of the Warehouse, its employes or agents, to the person or property of the parties hereto andjor their employes andjor the
SATURDAY, JuNE 27, 1931.
195
person or property of any other persons or corporations while on or using the premises of the Warehouse.
(d) It is understood that the movement of railroad locomotives involves some risk of fire and the Warehouse assumes all responsibility for and agrees to indemnify the Railway against loss or damage by fire to the property owned by the Warehouse regardless of Railway negligence, where such fire is caused by locomotives operated by said Railway or its tenant carriers for the purpose of serving the Warehouse or its tenants and patrons.
(e) The Warehouse agrees to indemnify the Railway against all loss and damage to its property andjor that in its possession, custody or control and to its employees from fire caused by it, the Warehouse, its officers or employes.
6. (a) The Warehouse agrees to insure, and keep insured at all times, from the date when said buildings and improvements are erected on the above described pr~mises to December 27, 1969, any and all buildings and improvements that may be, at any time, upon said premises, against loss by fire, or other casualties then commonly insured against, said insurance to be for the full insurable value thereof, in such companies as may be mutually satisfactory to the Railway and the Warehouse. The Warehouse further agrees that n case of damage or destruction by fire or otherwise of the buildings so erected, or any other buildings or improvement hereafter constructed by it upon said premises, the Warehouse will commence to repair, rebuild, or replace the same, as the case may be, within six months after such loss, expending for such purpose an amount of money equal to the full insurable value of the buildings or of the portion of the buildings damaged or destroyed. Any and all insurance policies provided for herein shall, subject to the later provisions hereof, be made payable in case of loss to the Trust Company of Georgia, a corporation organized under the laws of the State of Georgia and having its principal office in Atlanta, Georgia, or such other trust company as may
196
JouRNAL OF THE HousE,
hereafter be agreed upon in writing by and between the parties hereto, as Trustee, which Trustee shall hold said policies, enforce the same in case of damage or destruction, collect any and all monies due and owing from any insurance company, and expend the same in accordance with the terms of this paragraph. It is agreed that in case the vVarehouse conveys its leasehold interest to a mortgagee or trustee, in accordance with the terms of section 14 hereof, such mortgagee or trustee (provided said mortgagee or trustee has an office and place of conducting its general business in Georgia) shall be substituted for said Trust Company of Georgia as trustee for insurance under the terms of this paragraph, and such mortgagee or trustee shall agree to apply all insurance money received by it in accordance with the terms of this contract. From the date of this contract to midnight of December 27, 1969, all such insurance policies and any proceeds thereof shall be taken and held by such Trustee for the benefit of the State of Georgia, the Warehouse, The Nashville, Chattanooga & St. Louis Railway, The Western and Atlantic Railroad, and any mortgagee or trustee in a mortgage or trust deed made pursuant to the provisions of section 14 hereof, as their respective interests may appear, but the proceeds to be used and applied as in this section provided tor. In case of damage or destruction of the buildings and/or improvements, or any part thereof, any and all monies received from any and all insurance companies therefor from the date of this contract to December 27, 1969, shall, by the trustee, at the request of any of the following:-The State of Georgia, the Warehouse, The Nashville, Chattanooga & St. Louis Railway, The Western and Atlantic Railroad, or any mortgagee or trustee in a mortgage or trust deed made pursuant to section 14 hereof, be paid out for repairing, rebuilding, or replacing the buildings and/or improvements, or any part thereof damaged or destroyed, as the case may be, such payments to be made on architects' certificates from time to time as the work of rebuilding, repairing, or replacing progresses; pro-
SATURDAY, JuNE 27, 19~1.
197
vided, however, that in the event the Warehouse shall have repaired, rebuilt or replaced said damaged or destroyed property and have fully paid therefor, all money so received from the insurance company or companies and not expended as above provided shall be paid directly to the warehouse. Any and all charges of any trustee for insurance under the terms of this section, shall be paid by the Warehouse. If any dispute arises between the parties hereto as to whether said property is insured to the extent of its full insurable value, the same shall be submitted to and determined by arbitration, as provided in section 8 of this contract. As to tornado and earthquake insurance, the \Varehouse will carry such amount as is customarily carried by those carrying that form of insurance on buildings of similar size or character in Atlanta.
(b) All such insurance policies shall contain a clause that they shall not be cancelled short of expiration by their terms without notice to the Railway. The Warehouse will furnish to the Railway each year a complete list of all policies for said insurance and renewals thereof, together with receipts or duplicate receipts for the premiums paid for such current year. In case the Warehouse shall at any time neglect to keep said buildings and improvements insured as herein provided, the Railway may procure or renew such insurance and add the amount paid therefor to the rent next thereafter falling due with interest at the rate of seven per cent. per annum.
(c) If after the construction of the said buildings and due to fire or any other cause howsoever arising, the use by the Railway, or any tenant carrier, of said two through interchange tracks, and/or said track serving tht: Alabama Street property on and across said leased premises is interfered with, the Railway shall have the absolute right to .---Enter immediately upon the premises and take such steps as are necessary to make said tracks available for use and operation, and the Warehouse agrees to pay the Railway all expenses incurred in opening said tracks for traffic and
198
JouRNAL OF THE HousE,
reimburse it for any loss it may thus have sustained, provided, however, that the Warehouse shall be liable for no such costs where such work is made necessary as the result of any act or omission of the Railway or its tenant carriers.
Disputes arising under paragraphs (a), (h) and/or (c) of this section 6 shall he subject to arbitration.
7. (a) The Railway agrees that it will not let or lease any of the property now under lease to it from the State of Georgia or any property owned by it embraced within the city limits of the City of Atlanta, Georgia, to any firm, individual, or corporation for the purposes of operating an ice plant or a storage facility having for rent, sale or sublease storage space therein in competition with the warehousing facilities of the Warehouse, unless and until the Railway shall have first granted to the Warehouse the option and privilege for thirty days as hereinafter provided of leasing any such property upon the same terms and conditions on which the Railway may offer such property to any other person, firm or corporation. The Railway shall in each case deliver to the Warehouse notice in writing setting forth all of the terms and conditions upon which it is proposing to lease any such property, and the \Varehouse shall have thirty days thereafter in which to signify in writing its intention to exercise or not to exercise such option. Disputes arising under this paragraph (a) of section 7 shall be subject to arbitration.
(h) The Railway shall have the right to assign this
lease contract or any part thereof as in its discretion may
seem wise, except to corporations, individuals, or other
agencies conducting a business in competition with the
Wnrehnuse but any such assignee shall assume all the
obligations of the Railway hereunder and such assignment
shall not relieve the Railway from its obligations }lereunder,
unless agreed to by the Warehouse.
,_- -~-..___
8. If at any time any question shall arise on which under
the provisions hereof arbitration is herein expressly au-
thorized, then either party hereto may with reference to
SATURDAY, JuNE 27, 1931.
199
any such question about which they cannot agree, submit such question to the arbitrament of three (3) disinterested persons to be chosen, one by the Railway, one by the Warehouse and one by the two so chosen. No question can thus be arbitrated except as specifically authorized herein, but such arbitrators shall under no condition have the authority to eliminate any section or paragraph from this lease con tract.
The party desiring such arbitration shall select its arbitrator and give written notice thereof to the other party and shall in such notice state in substance the matter or matters which it proposes to submit to the arbitrators for decision; and only the matters so stated shall be considered or decided by them. Such other party shall within ten (10) days after receipt of such notice appoint a second arbitrator. If such other party shal fail to name an arbitrator within ten (10) days after notice as aforesaid has been given to it, the party giving such notice may apply to the Chief Justice of the Supreme Court of Georgia for the appointment of an arbitrator for and in behalf of the party thus notified and such judge may, after reasonable notice to the party thus notified, make the appointment. The arbitrator so appointed by such judge shall have the same power and authority as if he had been chosen by such other party. The two arbitrators appointed as above provided (if they fail to agree upon the matter in issue) shall appoint the third arbitrator, but if they fail to select the third arbitrator within ten (10) days after the selection of the second arbitrator as aforesaid (in the event of difference as to the matter in issue), such third arbitrator may be appointed by the Chief Justice of the Supreme Court of Georgia on the application of either party hereto after ten days' notice in writing to the other party hereto of such application.
The arbitrators shall, as soon as possible after their selection, meet to hear and decide the questions submitted to them and shall give to each party reasonable notice of the time and place of such meeting. After hearing both
200
JouRNAL OF THE HousE,
parties and taking such testimony or making such investigation as they may deem necessary, the arbitrators shall make their award in writing upon the question or questions so submitted to them and shall serve a copy of such award upon each party hereto. The award of such arbitrators, or a majority of them, shall be final and binding upon both parties, and each or either party shall immediately make such changes in the conduct of its business or otherwise or such payment or restitution, as the case may be, as in and by such award may be required of them respectively.
The books, papers and records of each party, so far as they relate to the matter submitted to arbitration, shall be open to the examination of the arbitrators. Until the arbitrators shall make the award upon any question submitted to them, the business, settlements and payments to be transacted and made under this agreement shall continue to be transacted and made in the manner and form employed prior to the arising of such question or questions. The cost of such arbitration shall be borne by the losing party, provided however, that nothing in this section is intended to give through arbitration either party hereto the right to continue to violate or modify any of the provisions of this contract.
9. Should the Warehouse fail to pay any instalment of the rent herein agreed to be paid by it when due, or should the Warehouse fail to keep the sa:d premises insured in good and solvent companies as herein agreed upon, and should the said fai'ure to pay said rent or the said failure to keep the premises insured in accordance with the terms of Section 6 continue for ninety days after notice in writing by the Railway to the Warehouse (and any mortgagee or trustee entit ed to such notice as hereinafter provided) of such default (time being of the essence of this contract both as to the prompt payment of said rent when due, and as to the failure to keep the said premises insured), then the Railway may at its option cancel and terminate this lease
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201
contract and take possession of said premises without any other or further notice. If at the time such notice of default is given to the Warehouse there shall be a mortgage or trust deed made by the Warehouse on said property and notice n writing of the name and post office address of the mortgagee or trustee under such mortgage or trust deed shall have been given to the Railway, then notice in writing of the default shall also at the same time be served on such mortgagee or trustee. Such right to so cancel this contract is cumulative of all other rights under the laws of the State of Georgia which are given to landlords in such cases.
10. (a) Should the Railway at the termination of said lease of May 11, 1917, again lease the Western & Atlantic Railroad including the premises herein subleased to the Warehouse; then the Railway may and will with the consent of the State of Georgia acquire and assume the rights, -obligations and liabilities of the State under its said contract with the Warehouse made as aforesaid under said Act of August 24, 1929, of which a copy is hereto attached as Exhibit No. 1, provided, however, that in such event paragraphs 1 (g), 2 (e) and (g), 3 (a) and (b), 4 (a), (b), (c) and (d), 5 (a), (b), (c), (d) and (e), 7 (a) and (b), 9, 13 and 17 of this lease contract, which have been omitted from the said contract between the State and the Warehouse dated January 20, 1930, shall be considered operative and. binding on the parties hereto dur ng the existence of such assigned con tract and as a part thereof.
(b) It is understood and agreed between the parties hereto that paragraph (d) of section 4 of this lease contract and section 15 of said contract between the State and the Warehouse (Exhibit No. 1 hereto) are in the opinion of the parties hereto entirely consistent, but should the Railway again lease the Western & Atlantic Railroad including the property hereby demised after December 27, 1969, and also become the assignee of the State's interest in said contract between the State and the Warehouse, and should .a court of final and competent jurisdiction determine and
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hold that said paragraph (d) of section 4 and said section 15 are inconsistent, then in such event and in that event alone said section 15 shall govern as between the parties hereto after December 27, 1969.
(c) Should the Railway again lease the Western & Atlantic Railroad after December 27, 1969 including the property hereby demised and also become the assignee of the State's interest in the said contract between the State and the Warehouse (Exhibit No. 1 hereto) then in such event to the extent, if any, that section 21 of said State contract (Exhibit No. 1 hereto) and section 13 of this lease contract may be inconsistent, then said section 13 of this lease contract shall after December 27, 1969 control over section 12 of said State contract.
11. This lease contract and all of the provisions hereof are made subject to all the terms, conditions and provisions of said Lease Act of November 30, 1915, and all amendments and supplements thereto, and said Lease Contract of May 11, 1917.
12. In case the said lease contract entered into the 20th day of January, 1930, between the State of Georgia and the Warehouse, shall terminate prior to December 27, 1999, on account of legal cancellation and termination of the lease contract between the State of Georgia and The Nashville; Chattanooga & St. Louis Railway dated May 11, 1917, prior to December 27, 1969, by reason of an agreement between the Railway and the State or because of default on the part of the Railway, the Railway will indemnify and hold the Warehouse harmless against all actual loss or damages arising out of or from such prior termination. Disputes arising under this section 12 shall be subject to arbitration.
13. (a) The Warehouse shall, at any time or times, during the term of this lease, have the right to tear down and dismantle the building and .improvements erected by it under this contract on said Parcel 1, or any other building
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203
or improvements hereafter placed on said Parcel 1 (and to dispose of the materials therein for its own benefit), and to erect in place thereof a building and improvements costing a sum of money equal to at least the value of the building to be torn down at the date of such tearing down or dismantling. Before tearing down or dismantling such building, the Warehouse shall give to the Railway a good and salven t bond in the sum of the amount to be expended, guaranteeing the construction and erection of a new building and improvements. The question of the then value of the bui!ding proposed to be torn down shall if the parties hereto cannot agree thereon be determined by arbitration in accordance with the terms of section 8 of this contract, and the amount of the bond to be given by the Warehouse for erection of the new structure shall at least equal the amount determined by such arbitrators as the then value of such building to be torn down. Such new building shall be designed for use for a general and cold storage business, a distributing and forwarding business, a loft and office building, and uses incidental to the operation thereof as expressly provided for in section. 2 above. Such building shall be of fire-proof construction, of then modern design, pleasing in appearance, and of substantial construction. Before beginning the dismantling or tearing down of the building proposed to be torn down, the Warehouse shall in each case submit to the Railway plans and specifications for the proposed new building, to be approved by the Railway in advance of the tearing down of the existing building. However, in case the Railway shall not approve such plans and specifications within 90 days after they are submitted for approval, the question whether such plans and specifications meet the requirements set out in this contract for such new building shall at the request of either party hereto be determined by arbitration, as set forth in section 8 hereof. If such plans and specifications are approved by such arbitrators, the Warehouse shall be authori'led to proceed with the dismantling of the old building and the construction of the new building, but if such
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plans are not approved by such arbitrators, the Warehouse,. before it shall have the right under this section to tear down andjor remove the then existing building anci improvements, shall submit other p'ans and specifications therefor, which shall in each case be acted on in the same manner as above provided for those so first submitted and if not approved by the Railway may likewise be submitted to arbitration, and when plans and specifications for the new building and improvements are approved by the Railway or by arbitrators, the Warehouse may tear down and/or remove the existing building and improvements and construct on said premises the new building and improvements in accordance with such plans and specifications so approved.
(b) Any building hereafter constructed by the Warehouse on said Parcel 2 may at any time during the term hereof be torn down and removed by the Warehouse (and the materials therein disposed of for its own benefit) and a new building constructed in place thereof, provided such new building is attractive in appearance and is constructed in accordance with the building ordinances of the City of Atlanta. For any such new building on Parcel 2 the Warehouse may use the southwesterly wall of the building at the time on Parcel 1 as a party wall for use as a part of such building on Parcel 2. Any such new building shall be used for the sl1me general purposes to which the Pryor Street frontage of the building to be erected on Parcel 1 may be devoted.
(c) In case any new building is erected in accordance with the terms of this section, all of the terms and provisions of this contract shall remain in full force and effect, and be as applicable to the new building erected under this section of this lease contract as such provisions were applicable to the building which was dismantled and destroyed, and said new building shall immediately upon construction become the property of the State of Georgia subject to this lease.
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205
14. The lessee herein may sell and convey its interest herein and in said demised premises and in the buildings thereon, at any time hereafter, provided that at the date of such sale, conveyance or assignment, it shall not be in default in any of the covenants and agreements herein contained to be kept, observed and performed by the lessee and shall then have paid all rents, assessments, insurance premiums, and all other charges of every kind which shall be due and payable under this lease at the date of any such sale, conveyance or assignment; provided, also, that such sale, conveyance or assignment by the lessee shall be evidenced by an instrument in writing duly executed under seal and acknowledged by the assignee or assignees, and duly recorded in the office of the Clerk of the Superior Court of Fulton County, Georgia, wherein and whereby such assignee or assignees shall expressly accept and assume all the terms and covenants in this lease contained to be kept, observed and performed by the lessee, and become bound to personally comply therewith, a duplicate of which instrument duly executed shall be delivered to the lessor herein within thirty (30) days after the date of the delivery thereof to such assignee. And the lessee covenants and agrees that lessee will not make any sale, conveyance or assignment of this lease except in the manner and upon the conditions above set torth; and it is expressly covenanted and agreed by and between the parties hereto that any attempted sale, conveyance or assignment of the lessee's interest herein or in said leased premises and the buildings thereon by the lessee, without complying with the covenants and conditions of this section, shall be null and void. And it is further covenanted and agreed by and between the parties hereto, that in the event that any sale, conveyance or assignment shall be made at the times, under the conditions, and in the manner hereinbefore set forth, the assignee or assignees shall he subject to the same terms and conditions as to future assignments, and to all the covenants, agreements, provisions and conditions contained in this lease.
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And it is further covenanted and agreed by and between the parties hereto that the party herein assigning or conveying the leasehold estate hereby created, upon the conditions and in the manner hereinbefore set forth, shall thereby be forever released and discharged from any and all obligations arising or accruing under the covenants and agreements in this lease subsequent to the date of such conveyance or assignment and the completion of the building required by this lease con tract be erected on said Parcel 1 by the lessee and payment in full therefor, leaving said premises and building free and clear of any mechanic's lien or any claims on account of such work which might ripen into such lien and provided such conveyance or assignment shall have been made to carry into effect an absolute and bona fide sale of the lessee's interest in this lease and said premises, it being expressly agreed that in the event of any assignment of this lease the lessee and also any such assignee shall remain personally,liable under the covenants of this lease until the building required by section 2 of this con tract to be erected on said Parcel 1 by the lessee shall have been completed and fully paid for, leaving said premises and building free and clear of any mechanic's lien or any claim on account of such work which might ripen into such lien. It is expressly covenanted and agreed by and between the parties hereto that nothing in this lease con tract contained shall be construed as restricting the right of the lessee to mortgage lessee's interest herein and in said demised premises and in the buildings at any time thereon, and the lessee is hereby expressly given the right at any time, and from time to time, to mortgage lessee's interest herein and in said demised premises and in the buildings at any time situated thereon by mortgage or trust deea; and it is further mutually covenanted and agreed that the mortgagee or Trustee in any such mortgage or trust deed and the holder or owner of the indebtedness secured by such mortgage or trust deed shall not become personally liable upon the covenants of this lease unless and until they or their assigns shall become the absolute
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owners of the leasehold estate created by this lease. Any purchaser properly acquiring under foreclosure of such mortgage or trust deed, the leasehold estate hereby created, upon taking possession of the demised premises in pursuance of the sale or decree under which such purchaser becomes the owner of the leasehold estate hereunder, shall thereby become the owner of said leasehold estate with like effect as if such purchaser had received a direct a3signment thereof, but such purchaser so acquiring title to . said leasehold estate shall not be entitled to exercise th.:! rights of the lessee hereunder until such time as such purchaser shall execute and deliver to the lessor herein an instrument in writing assuming the performance by such purchaser of the covenants of the lessee herein, and agreeing to be personally bound thereby in the same manner and to the same extent as is hereinbefore provided in the case of absolute conveyance and assignment by the lessee of lessee's interest herein.
15. All notices hereunder from either party hereto to the other shall be in writing, and any notice to be served hereunder by either party upon the other shall be served either by delivering a copy thereof to an officer of the other party or by mailing a copy thereof to the other party by United States registered mail, postage prepaid, addressed as follows: For any notice to be served by the Railway upon the Warehouse, such notice shall be addressed to the Warehouse at its office in the City of f\tlanta, Georgia, and for any notice to be served by the Warehouse upon the Railway, such notice shall be addressed to the Railway at its principal office in Nashville, Tennessee.
16. It is further covenanted and agreed by and between the parties hereto that all the covenants, agreements, conditions and undertakings in this lease contained shall extend to and be binding upon the respective successors and assigns of the respective parties hereto the same as if they were in every case named and expressed, and that the same shall be construed as covenants running with the
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land; and wherever in this lease reference is made to either of the parties hereto, it shall be held to include and apply to the successors and assigns of such party the same as if in each and every case so expressed.
17. The Warehouse further expressly agrees for itself, its assignees, and, if it leases to anyone else said entire building on Parcel 1, then also the lessee thereof, that at all times during the life of this con tract not less than 400,000 square feet of floor space in the building on Parcel 1 shall be devoted to use for storage, forwarding and distributing purposes or uses incidental thereto; and that neither it nor its assigns nor, if it leases to anyone else said entire building on Parcel 1, then also the lessee thereof, shall either devote less space for such purposes than that so specified herein or cease to use the same at all for such purposes without the written consent of the Railway.
In Witness Whereof, the parties hereto have caused this contract to be executed in duplicate on the day and year first above set out.
THE NASHVILLE, CHATTANOOGA & ST. LOUIS RY.
(Corporate Seal)
By J. B. HILL, President.
ATTEST: F. A. CLARKSON, Secretary.
THE WESTERN AND ATLANTIC RAILROAD,
(Seal)
By
J. B. HILL,
President.
ATTEST: F. A. CLARKSON' Secretary.
SATURDAY, JUNE 27, 1931.
209
Signed, sealed and delivered in the presence of:
L. E. McKEAND, CLYDE VAUGHAN, (Notarial Seal) Notary Public. My commission expires Oct. 12, 1930.
DIXIE TERMINAL BUILDING COMPANY,
(Corporate Seal)
By H. E. PoRONTo, President.
ATTEST: P. R. GATES, Secretary.
Signed, sealed and delivered in the presence of:
E. E. HESSE, MAURICE CoHEN, (Notarial Seal) Notary Public.
Under and in accordance with the terms and provisions of the Lease Act dated November 30, 1915, mentioned in the foregoing lease contract, and the lease contract dated May 11, 1917, whereby The Nashville, Chattanooga & St. Louis Railway leased from the State of Georgia the Western & Atlantic Railroad, I, L. G. Hardman, as Governor of the State of Georgia, do hereby approve the above sublease.
This the 11th day of March, 1930.
L. G. HARDMAN,
Governor of the State of Georgia.
The Western & Atlantic Railroad Commission, appointed by and under the terms of an Act of the General Assembly
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of Georgia, approved August 24, 1929, does .hereby to the extent it has the power grant permission of the State of Georgia as owner of the Western & Atlantic Railroad, as well as sovereign, for the construction and operation of the warehouse facilities and building described in the above lease contract, so long as such operation is permissible under the general laws of the State of Georgia. This ap.proval carries no personal responsibility.
This the 11th day of March, 1930.
C. MuRPHEY CANDLER,
w. F. jENKINS,
L. G. HARDMAN, WM. D. ANDERSON,
w. c. MARTIN, c. K. c. AUSLEY,
H. H. SWIFT, H. T. MciNTOSH,
Members of the Western & Atlantic Railroad Commtsston.
Signed, sealed and delivered as to Western & Adantic Railroad Commission in presence of:
}No. B. WILSON,
MRs. H. C. CARRINGTON,
(Notarial Seal) Notary Public, State at Large, Georgia.
SATURDAY, JUNE 27, 1931.
211
Privileges of the floor were granted to Misses Jessie and ] ulia Helen and Master Alex Burgin.
Leave of absence was granted to Messrs. Andrews of Crawford, Hubbard of Wilkinson, and Thompson of Barrow.
The Speaker announced that at the conclusion of the inauguration exercises the House would stand adjourned until Monday morning at 11:00 o'clock.
The hour of 10:45 o'clock having arrived, the Senate appeared upon the floor of the House and the joint session, convened for the purpose of inaugurating the Governorelect, was called to order by Hon. W. Cecil Neill, President of the Senate.
Under direction of the President, the Secretary of the Senate read the Joint Resolution, providing for the joint session of the House and Senate.
Mr. West of the 11th District moved that the General Assembly do now repair to the place of inauguration, and the motion prevailed.
The General Assembly repaired to the Capitol Grounds, the place of inauguration.
The Governor-elect, with the Honorary Committees, was escorted to the speaker's stand.
The following program was carried out:
1. National Anthem by 122nd Infantry Band.
2. Prayer: Rev. Taylor Morton of LaFayette, Ga.
3. Reading Resolutions. 4. Oath of Office, administered by Chief ] ustice R. B.
Russell, Supreme Court of Georgia.
5. Receive Seal from Secretary of State, George H. Carswell.
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6. Administering oath by Governor Russell to Hon. John B. Wilson, Secretary of State-elect.
7. Delivery of Seal by Governor Russell to Secretary of State, John B. \Vilson.
8. Address by Governor Russell.
INAUGURATION ADDRESS OF GOVER~OR RICHARD B. RUSSELL, JR.
MR. PRESIDENT, MR. SPEAKER, MEMBERS OF THE GENERAL
AssEMBLY, MY FELLOW CITIZENS:
In accordance with law and custom we are met at this hour to dedicate ourselves to the service of Georgia, and her citizens. In absolute sincerity I subscribe the oath of office required of the Chief Executive of Georgia by the Constitution of this State. Deeply grateful to my fellowcitizens for the confidence in me imposed, the duties devolving upon me are approached with a heart humbled by a consciousness of the responsibilities which accompany this exalted trust, and sustained by the hope and conviction that I shall have the aid and cooperation, so earnestly sought, of every patriotic citizen of this State, and that an Infinite Providence will bless this administration with Divine Guidance.
Georgia today is in the grip of the financial depression which is affecting the entire country and the civilized world. Certainly no incoming administration in recent history has been faced with the stupendous task which lies before the present General Assembly. Many interests in Georgia seem hopelessly disheartened and the average man contends with problems which this generation has never known. The state's finances are more confused than ever before in recent history and this administration faces a staggering total of unpaid appropriations which must be met from a treasury that is depleted, and by a people who are financially unable to hear any considerable burden of taxation. Buffeted by economic misfortunes many of our citizens are engulfed in a tide of pessimism.
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213
Agriculture, our basic resource, has met many discouragements, and our farmers are waging a heroic fight against tremendous economic odds. Business and industry alike have felt the blight of depression and a curtailed market. Capital hopes at best for a small return and the laborer's income admits of only the necessities of life.
No good can result from blinding ourselves to facts as they exist, for few are the citizens of this State who have not felt the tremendous shrinkage in values experienced by our nation within the recent past.
A reminder of this condition is not brought to you in a spirit of gloom and discouragement. I would be the last to sound a despondent note. My purpose is to impress upon all the solemnity of the challenge which the times bring to us and to call on all patriotic Georgians to accept this challenge with a spirit of self-sacrifice and exalted courage worthy of the traditions and history of Georgia.
Today we face the demand that we adjourn politics, bury selfishness, petty prejudices and personal ambitions,assume all of our responsibilities; and counselling together for the common good, face the future with stout hearts and broad vision, determined to profit by the experiences of privation and travail through which we are passing and prepare for the better and brighter day which is sure to come.
Those who have builded the Georgia we today proudly claim were faced with difficulties and almost insuperable obstacles. The conquering spirit of a courageous past calls to us as never before and we, as Georgians, cannot shirk or fail to do our share in the work for the future. This future calls to us to build well for the greater Georgia we would have posterity enjoy, and the high expectations of our people in this General Assembly demands our unselfish service.
All is not covered with shadows of gloom. Georgia still possesses her millions of fertile acres, her forests, her water
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power and vast natural resources. The charm and beauty of our mountains which tower majestically towards the sky has been enhanced by improved communications and resulting development; and the waters of the sea still roll upon our unsurpassed beaches, affording rest and recreation to yearly increasing numbers.
In the face of the economic pressure which troubles us we have experienced an awakening of our people to the responsibilities of citizenship. The average citizen is taking more interest in the administration of his government,state, county and municipal, than ever before. The realization of the need for increased efficiency and reduced expenses is felt by every individual who has been compelled to pare his family budget.
There is a realization that there is no place in the government or the political life of our State for petty factional or partisan politics and that the devastating influence of the demagogue only delays the development of the great natural resources of Georgia.
As with a common impulse our people are manifesting an unusual spirit of cooperation. A healthy sign of the times is the organization of one hundred of the leading capitalists and business men of Georgia, representative of every section and interest of the State, with the common purpose of promoting the development of Georgia and the expansion of her interests. This movement, if it proceeds along the lines indicated, can be of untold benefit to the State.
Be it said to the eternal credit of the people of Georgia that they have borne the shock of financial adversity and depression with a faith and courage almost sublime. Through all of the vicissitudes with which we labor our people still cling to the ancient landmarks of government erected by our forefathers. We can felicitate ourselves upon the fact that bolshevism, socialism, communism and the other disturbing elements, which would rear a man-
SATURDAY, JuNE 27, 1931.
215
strosity in government, have found no welcome here, and that our people hold to the ideals and institutions which have ever guided the Anglo-Saxon in government. May we continue to cherish the motto: "Wisdom, Justice and Moderation."
IMPORTANCE OF "LIVE AT HOME" MOVEMENT
If we can thoroughly appreciate one fact which should have been indelibly impressed upon us by the conditions with which we labor, the people of Georgia will collect enormous dividends on the losses we have sustained. We should certainly understand by now that agriculture in Georgia can no longer afford to hazard its all on the price of one crop as a source of revenue and pay tribute to our sister states by the purchase from them of such a considerable part of the necessities of life. Georgians must "live at home." If this administration could inaugurate a movement which would cause the production of truck, food products, feed stuffs, live stock, and dairy products, poultry and eggs, sufficient for the use of this State and stop the expenditures of over fifty million dollars annually in markets without the State for these things, agriculture would be rehabilitated and the future of Georgia would be assured.
When we consider that to feed our people it is necessary to ship millions of pounds of meat and thousands of dozens of eggs into Georgia every year with our State affording unlimited facilities for the production of these commodities, we can understand the necessity of striking the shackles with which we have been so long bound. One of the most pathetic sights to meet the eyes of a Georgian is a Georgia farmer coming to town to buy hay produced in Tennessee, mixed feed from Indiana, flour from Minnesota, and a side of meat from Chicago, with the money realized from a crop of cotton which brought 8 cents or 9 cents on the market. I grant that cotton is still king of our money crop, and I heartily endorse every movement to find new
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methods of using cotton and new markets for cotton, but the farmer in Georgia will never attain economic independence until he produces on his farm enough food for men and beast, with a surplus to supply our urban markets.
The United States Government estimates that the total market value of Georgia's crops in 1930 was fifty millions of dollars less than it was in 1929. This represents a staggering financial loss to the producers of this State, every dollar of which could have been saved and kept in circulation in Georgia had our citizens produced all the commodities which were bought outside of the State, and which Georgians could have produced with as little if not less effort than was required of these from whom we made the purchases.
I realize that our agricultural population is overburdened with advice which in no way affords the relief it so sorely needs. But from the observations of a lifetime spent in a rural community I am firmly convinced that the only salvation of the farmer of Georgia is to really live off of his farm by producing most of the things he needs, and depend upon his cotton and tobacco as a surplus money crop.
ECONOMY MUST BE KEYNOTE
The keynote of this administration is one that is most unpleasant to sound. On account of the excess appropriations of 1927 and 1929 the General Assembly finds itself this year facing the problem of providing a method of paying the past-due-and-unpaid obligations of the State to its institutions, which will total in round figures eight million nine hundred thousand dollars by the end of 1931. In addition to this, existing loans amounting to four million dollars obtained through exercise of the borrowing power of the Governor, must be repaid out of the taxes for this year. We thus find ourselves faced with the gigantic task of paying or funding a floating indebtedness
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217
amounting to around thirteen million dollars with a treasury that is empty and a people already sorely burdened with taxation.
The principle of economy must guide our every move and endeavor. As distasteful as it may be to us, this administration, regardless of personal considerations or those who may be affected, must reduce the expenses of the State, certainly to such an extent that expenditures will be brought within assured revenue.
Having seen for four years the dire consequences of appropriating millions in excess of the income of the State there is a widespread public demand for retrenchment which leaves us no other alternative than to balance expenditures with income without regard to the arguments or importunities of those who still insist on excessive appropriations.
No legislative body in Georgia has ever faced a similar problem. There will never be a time or place for talk of repudiating one cent of these past-due-and-unpaid appropriations. They constitute a debt of honor against the State and in equity and good conscience are as binding as the bonded indebtedness recognized by the Constitution. It is manifestly impossible to pay this vast sum at once but we should devote our best efforts in this direction and work out a systematic plan for the retirement of these obligations.
Under existing tax laws it is estimated by those in authority that there will be available for general appropriations the sum of ten million seven hundred twenty-eight thousand dollars ($10,728,000.00) for each of the years 1932 and 1933. Unless additional revenue be raised it is our plain duty to restrict expenditures to this amount. When we consider that general appropriations for the year 1931 total thirteen million two hundred thousand dollars ($13,200,000.00) we can hardly comprehend the problem facing the legislature in keeping the budget with-
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in the State's income. From my years of service in that body I know something of the tremendous pressure which is applied to the legislature to appropriate sums in excess of the revenue of the State, but I have explicit confidence that the men of courage, determination and conviction who constitute the present Gen~ral Assembly will see that income and outgo in Georgia are balanced. When we consider that 80 or 85 cents today is equal in buying power to a dollar in 1929 we may console ourselves with the thought that a reduction in appropriations for the various departments and institutions of the State should not mean an impairment of their efficiency or ability to serve our citizens.
It is imperative that we economize, but we must permit no wasteful and false economy. All essential institutions and functions of government must be provided for and plans made to insure their proper growth. Georgians of today can not tolerate stagnation or retrogression in governmental affairs. The means by which we can reduce expenditures without retarding progress presents a condition sufficiently serious to excite the interest of every true Georgian and important enough to deserve their full measure of consideration and support. The solution of this problem demands statesmanship and conscientious service of the highest order.
The desperate financial condition that Georgia faces today can only be cured through heroic measures of relief. A considerable saving can be effected by the reorganization of our State Government and the consolidation of boards, departments and bureaus, and this saving will not only evidence itself directly through reduction in expenditures but will render a great benefit through increased efficiency. The people of Georgia have spoken unequivocally in favor of a drastic revision of the administrative agencies of our government.
I realize that every movement in this direction is likely to be met by bitter opposition from some of those who
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219
may be affected by any proposed changes. However, we cannot permit ourselves to be swayed by personal appeal or sympathy in our efforts to legislate for the common good. The members of the General Assembly will do well to resolve all doubts which may be created in their minds by the highly organized lobbying of those who oppose reforms, in favor of the vast non-organized, nonlobbying masses of the taxpayers who are supporting our government.
IMPORTANCE OF EDUCATIONAL AND HIGHWAY
DEVELOPMENT
We have come to realize that education and highway building are in modern civilization twin pathways to progress. Despite the adverse circumstances which surround us, if Georgia would keep pace with the forward march of the states of the union, we cannot afford to lag behind in education and in the development of our highways. The sums spent on these activities are sure to pay a fair return and are now recognized as being an investment rather than an expenditure. It would be futile for me to attempt to discuss here the necessity for properly supporting our educational institutions, from the common schools through the University system. We have recognized as a fundamental principle of democratic government the necessity for equalizing educational opportunities of the State in order that there may be no aristocracy in education and that the boys and girls who live in the rural section may be afforded the same advantages in education as those who live in the towns. For the purpose of equalizing educational opportunities our State Government has created a fund, amounting to approximately two and a half million dollars a year, to be expended in the poorer and weaker communities in order to improve the standard of education in the State for the benefit of the country boy and girl. To my mind there can be no more deserving expenditure of public funds
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than this, nor any that will be more beneficial to the future development of Georgia. The creation of this fund marked the most upward and forward stride in education by our State in all its history.
No one today has the temerity to question the duty of the State to provide adequate educational facilities for the boys and girls who will constitute the future manhood and womanhood of Georgia. The richness of our history and traditions will soon be forgotten if we do not perpetuate a standard of citizenship in keeping with modern conditions and present day civilization. All Georgians glory in the natural resources of Georgia: in the water-power in our streams, the minerals in our hills, in the fertility of our soils, but unless the boys and girls of Georgia are trained to develop the resources of Georgia they will be bound in economic slavery to those of other states who receive educational advantages superior to our own.
Most of our social problems are basically problems in education. It is estimated by competent authorities that the cost of crime in Georgia is almost four times greater annually than the entire amount expended for the upkeep of our State government and all subdivisions thereof. Through proper education and training, and the building of a real civic consciousness, this enormous loss can almost be eliminated. There is no way to compute the exact economic loss to the State from poor health conditions and from the ravages of preventable diseases, and we know that the questions of good health and improved living conditions and enabling our people to enjoy the finer things of life, must be ultimately solved through education.
If Georgia would not fall hopelessly behind her sister states, we must continue to improve our system of public highways. There can be no cessation in the work of building and hard-surfacing a highway system adapted to modern transportation and present day needs. On account of the size of our State and the sparseness of our population in some counties there has been some discrimination in
SATURDAY, JuNE 27, 1931.
221
the past between the sections that were wealthy and able to assist in the financing of paved roads and the poorer sections who were unable to contribute for this purpose. There must be no discrimination in highway development but the State should improve and complete the highway system without regard to and without demanding assistance from the counties of the State.
URGES STABLE TAX SYSTEM
The greatest service which could be rendered Georgia at this session of the General Assembly would be to thoroughly stabilize our tax system on a ba:sis fair to all classes of our people. This would enable the people of Georgia and those who are contemplating moving within our borders to know definitely what contribution will be required of them for the support of the government. Continual tinkering with and changing of our tax system frightens capital and prevents expansion and development. If Georgia would assure the world that our tax system is stable and not subject to constant change, it would be the greatest advertisement possible for the State and would result in untold good. It would attract new citizens of means and encourage local capital to come out of hiding and go to work, thereby providing employment for our citizens. Let us make every effort to adjust our system to our needs at this session and advise the world that those operating or living in Georgia need expect no immediate changes.
The knowledge that Georgia has practically no bonded indebtedness and a stable tax system, in conjunction with the many and varied natural advantages offered by our State, would make her the field for the greatest industrial development ever experienced by any State in the Union.
As a rule, capital is willing to bear a fair share of the cost of government, but it is very sensitive to frequent legislative changes in manner and mode of taxation.
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LAW ENFORCEMENT
The vast majority of the people of Georgia are law abiding and respect our institutions. We have, nevertheless, experienced our share of the general nationwide trend of lawlessness and of lax enforcement of the law which has assumed such proportions as to almost threaten our civilization.
Without attempting to go into the many intricate causes for the marked increase in crime, we re-affirm that no democracy can exist without respect by all of our people for the laws ordained by the majority. If ever there was a time when those holding positions of trust and responsibility should realize that a public office is a public trust, that time is tod~y. Malfeasance in office, whether petty graft or wholesale fraud, must not be tolerated or condoned. Neither is there room in Georgia for the gangster or for highly organized crime which seeks to constitute itself into a super-government by control of our established agencies for enforcing law and administering justice.
The laws of Georgia must be enforced and the property and persons of our citizens protected. If the machinery of our courts is inadequate to cope with crime and punish criminals, or if our criminal procedure permits violators of the law to circumvent or defeat justice and escape punishment for their misdeeds, it behooves us to immediately strengthen our machinery and correct the defects to the end that no criminal shall go unwhipped of justice.
One of the anomalies of modern civilization is the maudlin sympathy extended the perpetrators of the vilest crimes by those who pride themselves on their good citizenship. Swift and certain punishment is the surest deterrent of crime and there must be no palliation of unprovoked and premeditated violations of the law.
The duty of seeing that the laws are enforced is vested in the executive branch of the government and as the head
.
SATURDAY, JUNE 27, 1931.
223
of the executive department, I pledge every power of the governor's office to the faithful and impartial enforcement of the laws of this State. I urge every citizen of Georgia to assist me in this effort. Especially should we see to it that those who coolly calculate to take their chances and profit by crime are~tected and convicted, and forced to suffer the full consequences of their acts.
At a later date I will appear before the General Assembly and discuss the various campaign statements and the principles enumerated in the platform of the State Democratic Party looking to reforms in our government and the restorati:>n of a sound fiscal policy for the State. On this occasion, in assuming the office of Governor of Georgia, I would impress upon all of our people the need for complete harmony between every interest, every school of thought, every section, and every citizen of our State. In the solemnity of this hour, facing the conditions in which the State finds itself, no citizen can escape his responsibility. I realize the ~-"utility of any one man or several men, attempting to successfully cope with these conditions. The General Assembly of this State, no matter how unselfish, earnest and patriotic in its endeavors, cannot hope to succeed in its task without the encouragement and support of an enlightened public opinion. Georgia belongs to all of her citizens, and the State's business is the people's business.
Let every citizen of Georgia build in his heart a vision of a greater, more progressive Georgia,-a Georgia with a people who are busy, prosperous and contented. A Georgia with her unequalled natural resources utilized to the limit of their possibilities,-with the wheels of industry constantly humming,-with our broad and fertile acres supplying more than our every need and an agricultural population self supporting and independent. A Georgia where capital is assured of fair treatment and an ample return, paying labor a living wage, enabling those who live by the sweat of their brows to support their fami-
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lies in comfort. Envision with this a government rendering its citizens a full measure of service at a reasonable cost and guided in all of its movements and functions by the eternal principle of 'equal rights to all and special privileges to none.'
Those who bring this picture into reality will receive the plaudits of those whom they seek to serve and enjoy the approbation of their own consciences. May we surmount every obstacle and conquer every adversity tending to delay the forward march to Georgia's destined supremacy.
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225
REPRESENTATIVE HALL, ATLANTA, GA.
MoNDAY, JuNE 29, 1931.
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 mem hers answered to their names:
Adams Alexander Allen Almand Andrews Arnold Arrington Ashley Atwood Awtrey Bargeron Barrett Battle Beaman Bean Beasley Bennett of Bacon Bennett ot Jeff Davis Bland Brannen Brown Brunson Bunn Burton Bus:b Cain Cannon Carlisle of Bibb Carlisle of Grady Cartledge Chalker
Chambers Childs Clark Clements of Marion Clements of Telfair Cochran Collier Colson Courson Cowart Cozart Crawford Crowe Cullens Culpepper of Echols Culpepper of Fayette Davis of Floyd Davis of Jackspn Davis of Mitchell Davis ot Troup Dixon Donaldson Dorsett Duncan Dykes Eckford Edmondson Edwards of Gilmer Edwards of Lowndes Edwards of Stephens Elliott
Evans Fagan Franklin Fraser Freeman Gary Gillen Graham Grayson Green Greer Griffeth Griffin of Decatur Griffin of Wilkes Gullatt Hampton Hardin Harris Harrison of Camden Harrison of Jenkins Hatcher Hawes Hodges Holt Horne Howard of dhatt'h'chee Howard of Long Hubbard of Habersham Hubbard of Wilkinson Huddleston Hutcheson
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Hyman
Meredith
Irvin
Mixon
James
MontgomerY
Johnson of Montgomery Mooty
Johnson of Pike
Morris
Johnson of Seminole Moye
Johnston
MundY
Jones of Burke
Musgrove
Jones of Lumpkin Myrick
Jones of Paulding
Nelson of Cook
KennedY
Nelson of Laurens
Key
Oliver
Killebrew
Osteen
Kimbrough
Pace
Kimsey
Parham
King of Clay
Park
King of Newton
Patten
Lance
Paulk
Lanham
Peebles
Lanier
Phillips
Leathers
Pittard
Lester
Pope
Lewis ot Gordon
Powell
Lewis ot Hancock
Preston
Lindsay
PurdY
Logan
Purvis
Lord
Rabun
McElreath
Rivers
McGehee
Roberts
McKoy
Robertson
McLeod
Ross of Appling
McRae
Ross of Dodge
McWhorter
Rosser
Mallard
Sammon
Mardre
Scarbrough
Mattox
Seckinger
Maynard
Sharpe
Mercer
Shirley
Simmons Sims Sisk Skelton Spivey
Stanton Stewart Still Stone Strickland of Douglas Strickland of Haralson Sutton Swain Tate Taylor Thomas Thomoson Thompson Tippins Townsend Trapnell Trotter Turner Waldrop Walker of Ben Hill Walker of Brooks Walker of Morgan Walker of Screven
wan
Weeks Westbrook Whittle Wilkes Williams Wilson Wood Yawn Mr. Speaker
Mr. Spivey of Emanuel, member of the Committee on Journals, reported that the Journal had been read and found correct.
By unanimous consent, the reading of the Journal of Saturday's proceedings was dispensed with.
MoNDAY, JuNE 29, 1931.
227
The Journal was confirmed.
Messrs. Clements of Telfair and Lanham of Floyd came forward to the bar of the House and were administered the oath of office, which oath was administered by Hon. W. Frank Jenkins, presiding Judge of the Court of Appeals.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the reqmstte constitutional majority the following joint resolution of the Senate, to-wit:
By Mr. West of the 11th District-
Joint Senate Resolution No. 18. A resolution that the General Assembly convene in JOint session at 11:30 o'clock on June 29, 1931, in Hall of the House of Representatives for the purpose of receiving the Governor's Message.
The President has appointed as a Committee of Escort on the part of the Senate:
Messrs. Harris of the 18th District, Weekes of the 34th District, Nelson of the 13th District.
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JouRNAL OF THE HousE,
The following resolution of the Senate was read and adopted:
By Mr. West of the 11th District-
Senate Resolution No. 18. A resolution that the General Assembly convene in joint session at 11:30 A. M., today, June 29, 1931, for the purpose of receiving the message from His Excellency, Governor Richard B. Russell, Jr., and providing for a committee of three from the Senate to be appointed by the President of the Senate and five from the House to be appointed by the Speaker of the House, to wait upon His Excellency, the Governor, and escort him to the Hall of the House of Representatives.
The Speaker appointed as a committee on the part of the House under the provisions of Senate Resolution No. 18, the following members of the House, to-wit:
Messrs. McRae of Fulton, Meredith of Muscogee, Mixon of Irwin, Westbrook of Dougherty, Wood of Clarke.
The hour of convening of the joint session of the General Assembly having arrived, the Senate appeared upon the floor of the House, and the joint session, convened
MoNDAY, JuNE 29, 1931.
229
for the purpose of receiving the message from His Excellency, Honorable Richard B. Russell, Jr., Governor
was called to order by Hon. W. Cecil Neill, President o'f
the Senate.
The Secretary of the Senate read the joint resolution convening the General Assembly in joint session.
His Excellency, Governor Richard B. Russell, Jr., with his escort, appeared upon the floor of the House, was escorted to the Speaker's stand, and delivered the following address:
MESSAGE TO GENERAL ASSEMBLY
Delivered June 29, 1931
MR. PRESIDENT, MR. SPEAKER-MEMBERS OF THE GENERAL AssEMBLY-
In compliance with the mandate of our constitution that the Governor shall from time to time give the General Assembly information as to the state of the commonwealth and recommend to its consideration such measures as he may deem necessary or expedient, I appear before you today.
The present session of the General Assembly is more important and means more to the future of Georgia than any which has convened since the days of Reconstruction. The eyes of all Georgia are focused upon these legislative halls and you are attended
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JouRNAL OF THE HousE,
in your deliberations by the hopes and prayers of three million -of your fellow citizens. In this solemn hour it is well for us to counsel together on the condition of our beloved state; to view its affairs from a statewide rather than a provincial point of view; to eliminate sectional and factional lines; to consider all of the people as our constituency and to efface self and lay aside personal ambitions in our efforts to remedy the many pressing ills which beset the commonwealth.
The constitution and our scheme of government provides that the three branches of our govermnent,-the legislative, executive and judicial, shall forever remain separate and apart, and operate each within its proper and appropriate sphere. Such recommendations as I may make today and from time to time are not brought to you with any pride of opinion or in an attempt to dictate or direct your deliberations. They are each and all born of an honest and conscientious desire to be of service and are the result of _study made of our government as a member of the House of Representatives. No man in Georgia more thoroughly appreciates the many difficulties attending every effort at reform which you may inaugurate here than I do, for it has not been many months since I stood here as the presiding officer of the House of Representatives, an honor I shall always cherish. You have my sympathy in your efforts to solve these problems. You have my cooperation and assistance in every progressive endeavor. Each of us are a part of this administration and the whole belongs to the people of Georgia, and if we are capable of worthwhile achievement there will be credit enough for all. If we are to really serve the people of Georgia it must be in a spirit of compromise and willingness to accede to everyone the right to his viewpoint-in a spirit of give and take, without of course sacrificing any convictions on fundamental principles. If any of the solutions I bring to you do not meet with your approval, suggest others that are superior and I will support them with every power of my being. I only ask that you do not take a purely negative view, for the times and the condition of our people demand constructive action and progressive thinking if we are to restore Georgia to her rightful place in the constellation of states.
We are united in a common purpose; to render faithful service to those who have honored us by public expression of confidence. I am sure that every member of this body desires to deserve this confidence as sincerely as I do, and that our efforts here will be attended by an atmosphere of mutual confidence and cooperation.
MoNDAY, JuNE 29, 1931.
231
PRESENT STATUS OF FISCAL AFFAffiS
It is a matter of common knowledge that the fiscal affairs of the state are in a most deplorable condition. By the end of the present year-1931-there will be a staggering total of past due and unpaid appropriation:> to the various institutions of the state and departments of government amounting, in round figures, fo more than $8,876,000.00. Some question has been raised as to the legality of these unpaid appropriations and as to whether or not, technically speaking, they constitute legal obligations of the state. To my mind this discussion serves no useful purpose. The honor of Georgia demands that any and all promises of the state be met in full and it would be as abhorrent to me to repudiate an appropriation regularly made by the General Assembly and approved by the Governor as it would be to refuse payment of the recognized valid bonded indebtedness of the State. It is of course manifestly impossible to pay all of this indebtedness at one time. But we must recognize it as an obligation against the state and lay our plans for its gradual liquidation.
The present financial depression leads us to suggest that this is not a propitious time to impose ne'V and heavy taxes upon those of our people who are now bearing the burden of government. The estimated revenue subject to general appropriation for 1932-33, provided the sales tax is permitted to lapse at the end of the year 1931, is $10,728,000.00 for each of the years. With the dire consequences of over-appropriating before you, it is scarcely necessary for me to stress the importance of keeping income and outgo balanced. Everybody recognizes that Georgia must live within its income and if more funds than this amount are to be appropriated, we must certainly raise additional revenue.
The budget requests for 1932-33 exceed anticipated revenues by nearly three millions of dollars and to bring the general appropriations within this sum will require drastic reductions in appropriations for the next two years. Let me urge you in the name of Georgia, not to appropriate in excess of our assured income without enacting at the same time tax bills which will raise the revenue.
The deficiency in the state treasury represents one of your most trying problems. H, after a careful survey of the fiscal affairs of the state and of the various departments and instituti()ns, you determine that it is necessary to make an immediate substantial payment in order to preserve the credit of the state and the services of such institutions to our people, I suggest that you consider ways and means of realizing immediately on
232
JouitNAL OF THE HousE,
some of the liquid assets of the state, such as the income from the rentals of the Western & Atlantic Railroad.
Nothing but the most pressing emergency can justify pledging future income of the state for any purpose, but if you find that a condition exists which demands immediate relief, the constitutional restrictions on financing obligations of this nature are such that we apparently have no other alternative.
The people of Georgia are expecting this administration to take some definite steps towards remedying the deplorable condition into which the state's finances are drifting. No one expects us to work any miracle or to be able to produce this money by magic, nor do the people anticipate any increased taxes on those unable to pay. They are expecting this administration to inaugurate a program of economy in governmental affairs in keeping with the program of rigid economy which the head of every household and every individual in Georgia has been compelled by necessity to adopt. This can only be done by cutting our expenses to the bone, and if necessary to the marrow.
All those in the state's employ know that regardless of fluctuating finances their pay is safe and sure, and has the great advantage of being certain. I therefore recommend to you that the salary of every person drawing pay from the state or any of its departments or institutions, be reduced either 5 or 10 per cent for each of the years 1932 and 1933, and that this saving be applied to the payment of the deficit. This scale in salaries should apply to every employee of the State from the Governor down, with the possible exception of any who may be drawing less than $50.00 per month.
This should be accomplished where possible through legislative enactment. This would be possible except as applies to the salaries of the Governor, members of the Appellate Courts and Attorney General. For my part I will gladly turn back into the state treasury for this purpose the same proportion of my salary that you see fit to reduce the salaries of all other officials and employees:
If you determine that it is possible to do so I feel that the taxpayers of Georgia who are so sorely burdened in these trying times should be afforded the further relief that will come from a like reduction in the salary of every employee of every county, municipality or other subdivision of the state whose compensation is fixed by legislative enactment.
This will work a severe hardship on no single individual and, taken collectively, will mean a substantial saving to the tax-
MoNDAY, JuNE 29, 1931.
233
payers of the state. The buying power of the dollar is so much greater today than it was two years ago that this will not actually amount to a decrease in the salary of anyone. I feel certain that if any person feels constrained, on account of such reduction in salary to leave the employ of the government that such person's place can be efficiently and immediately filled from the vast army of our citizens who are unemployed, but are willing to work and are anxiously seeking employment.
This reduction should apply to the compensation of every person who is drawing state funds from any source, for services rendered the state, whether from fees, salaries or wages, otherwise it would be unfair. This proposal is the result of mature consideration of means absolutely necessary to balance the income and expenditures of government, and as an equitable plan to bring into governmental affairs the same economy which has been by present economic conditions forced upon those who support the government. The average man in Georgia, the laborer, the farmer, the professional man, the merchant and the artisan, are all rendering the same service today that was rendered a few years ago and at a materially reduced wage. The farmer in particular has seen a large part of his income swept away by declining prices, and those who are in the public service should cheerfully continue to serve at a small reduction in compensation while faithfully rendering the same service. I recommend that this reduction be for a two year period only.
REORGANIZING THE STATE GOVERNMENT
One of the crying needs of Georgia today is a complete and thoroughoverhauling and rebuilding of our present structure of State Government. \Ve have Boards, Bureaus, Departments and Commissions almost too numerous to name and the average citizen of the state has little knowledge of the actual workings of the Government he is taxed to support. The modern trend in government is towards a coordinate and simplified administrative system, and if I know the public mind of Georgia I would say that the citizens of this State are more interested in your efforts to reorganize our administrative machinery than any measure that will be before you for consideration.
A considerable saving can be effected through the reduction in the overhead cost of Government and at the same time efficiency can be greatly increased.
One of the chief troubles of our Government today is the division of authority and responsibility between the various Depart-
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JouRNAL OF THE HousE,
ments and__A_gencies. The people are entitled to have an explanation of the proper expenditure of tax money and responsibility for the operation of their Government definite and fixed in responsible public officials, but this is impossible under our present haphazard system, or lack of system.
This is a matter_ which it will be well for us to consider fruoL_ the standpoint of the public welfare}and not from the standpoint of personal favoritism or sympathy for any individual who may be affected by the proposed changes. Our Government-- has reached a point of inefficiency in which the necessity for reorganization has ceased to be a personal matter, but is one of public con(!ern.
It is strictly within legislative prerogative to decide the number of changes that should be made, and the departments that can properly be combined or abolished. The past General Assembly created a Commission which has made a careful study of all phases of our GoYernmental activities and the members of this Commission are also members of this body. They are in a pm;ition to explain in detail the reorganized plan of GoYernment which they propose, as a result of their inYestigation.
I recommend for your most careful consideration the report of their exhaustive inYestigation. I am confident that this General Assembly will approach this problem sincerely and patriotically and will enact legislation which will give the people of Georgia a Government in keeping with modern conditions. l\Iy Yiews on this important question are well known.
Viewed from an impersonal standpoint it is our sworn duty to reduce the expenses and the number of employees of the State as much as possible without depriving the people of necessary services. Regardless of the shape and fonu the remodeled structure of government may take, I regard it as imperative that all taxes levied by the state be collected through one office.
A real reorganization will inevitably result in the abolition of certain offices and will cause some of those now in the employ of the State to lose their positions. This is most unfortunate for those affected, hut in our scheme of Government it is the duty of the citizens to support the Government and not the GoYernment to support the citizens or perpetuate unnecessary positions and support useless agencies.
TAXATION
The question of taxation has always been the greatest problem of all governments. Georgia is one of the few states in the union
MoNDAY, JuNE 29, 1931.
235
which still clings to the uniform system of ad valorem taxation. As the rate of taxation has been increased by counties, municipalities and school districts, the returns of intangibles, property not visible to the naked eye, has gradually shrunk in value. This has caused the rate of taxation to increase in proportion upon the homes, farms and other real estate until this class of property is bearing a grossly unfair proportion of the total cost of Government.
Nobody questions the fact that the uniform ad valorem system in Georgia has long since served its purpose and is broken down. It has frequently been charged, and I have never heard it denied, that real estate represents only one-third of the wealth of the State and yet it is bearing practically the entire cost of Government. The State has made an effort to more equitably distribute the cost of Government by the enactment of an effective and reasonable income tax, but on account of over-appropriations and the unusual financial condition of the State this has afforded the owners and holders of real estate but little relief. While it is recognized that the State ad valorem tax is of itself not burdensome to the taxpayers, I am firmly convinced that the State should retire from the field of taxation on tangible property and leave this as a matter of county and municipality taxation. When this is done, people generally will recognize that the real burden on their property is caused by municipal and county expenditures and they will demand greater economy and more efficiency from their local subdivisions of Government. The savings to the taxpayers by the State ceasing to levy on real estate will do much to balance and equalize our tax system. I therefore suggest that you propose to the people of Georgia a constitutional amendment which will permit the General Assembly to classify property for tax purposes and segregate the returns from intangibles into the State Treasury and also to reduce the rate on real estate devoted to forestry. The end we should strive for is to gradually eliminate the State tax on real estate. Modern conditions demand that this be done, and recommendations to this effect were carried in the party platform adopted by the State Democratic Convention at Macon. I also suggest that you consider the advisability of limiting the tax rate which may be imposed by counties and cities.
There is no subject in all Government that has as many angles and stimulates, as many theories, or that is as controversial, as taxation. We all know that real estate is now being taxed out of proportion to its value and income as compared with other property. Taxes on this class of property, levied by the State, the various counties, municipalities and local school districts, have
236
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increased to the point almost unbearable and is forcing farms and homes to be sold for taxes and depriving citizens of Georgia of their property and their rightful opportunity to earn a livelihood. The taxation problem can not be solved by voting new taxes or new forms of taxation to meet new and additional expenditures. It is essential, as I see it, and as the overburdened taxpayers see it, that all new forms of taxation which may be by you devised shall actually displace a portion of the tax now levied on real property.
I wish to impress upon you that I am not greatly concerned as to the form which tax relief shall take, but I am concerned .and the taxpayers are deeply concerned that relief shall he afforded them. The only certain way to insure reduction in taxes is to reduce expenditures. The only safe way to reduce expenditures is to hold the budget of both local and State Government within safe limits.
Increase in expenditures of counties and cities is one of the largest elements in our constantly mounting taxes. If eveQ subdivision of Government in Georgia could eliminate all waste and extravagance and duplication of effort and really secure a dollar in value for every tax (Iollar spent, we woulcl at once experience a drastic reduction in the cost of Government which could either be applied to reductions in taxes or nee(lcd improvements.
EDUCATION
Education is a paramount duty of all enlightened governments and we all recognize the importance of adequate educational facilities in the development of our State. The State wisely guarantees to every child an opportunity to obtain instruction in the elementary branches of an English education. The growth of our educational system must continue, but progress in education, as in all other governmental activities, must be made with due regard to the ability of our people to pay. The people of Georgia contributed taxes amounting to the large sum of eighteen million four hundred fifty-five thousand two hundred and fiftyone dollars and twenty cents ($18,-t-55,251.20) for the support and maintenance of their common and high schools during the fiscal year ending .June 30, 1930, and for the year 1930 the State appropriated seven and a half million dollars for this purpose, and paid of this amount six million eight hundrell fifty-two thousand three hundred and twenty dollars and seventy-three cents ($6,852,320.73). While we view with proper pride the progressive elevation of our educational standards, the expansion of physical
MoNDAY, JuNE 29, 1931.
237
equipment, the improved facilities of instruction, the increases of pay for teachers and the broadening of the varied curricula, we are compelled to consider the problems which the new standards force upon some of our school units.
I am convinced that the State, through its Department of Education, should have closer contact with the various school units, and should exercise active supervision over all expenditures of State funds. School officials and governing boards should conscientiously scrutinize their school cost to the end that :-.U possible economy may he effected and that expenditures shall be reduced to the lowest minimum without impairing the quality of instruction.
In view of the fact that thousands of graduates of our puhlic and high schools do not avail themselves of college training, it is my opinion that the educational authorities of the State should devise as practical courses of study as possible, laying special stress on vocational training.
The one cent a gallon tax on gasoline, which has been allocated as an equalization fund for the bendit of the poorer communities of the State, has proven to be the salvation of many rural school units during the past two years and has been their one sure source of revenue. Our equalization fund amounts to approximately two and one-half million dollars annually. While it would probably be more just and desirable to obtain the money for this fund from some source other than the tax on the users of gasoline and motor fuels, under no circumstances and for no reason should the equalization fund for the common schools be diminished or decreased at this tin!e.
Ul\IVERSITY SYSTE:\1
All Georgians take pride in the fact that the first State r niver-
sity on this continent was chartered by the General Assembly of Georgia and also take special pride in the splendid work being done by our Institutions of higher education and teacher training. The various units of the University of Georgia should receive as liberal financial support as the condition of the Treasury will justify. Georgia has twenty-five branches of the University system. This necessarily divides the sums appropriated to higher education to such an extent that none of our Institutions, taken singly, receives an appropriation comparing favorably with that of our sister states. It is well for us to consider the advisability of combining and coordinating some of these Institutions in order-
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JouRNAL OF THE HousE,
to centralize the advantages of the monies expended on higher oeducation.
lf you find it impossible to abolish, or combine any of the various units of the University system at the present session, I recommend that the General Assembly make provision for a thorough survey of the entire University system by a competent body, non political in character, in order that we may arrive at a just and fair conclusion as to which units of the University system may properly be eliminated or merged. If our system is properly correlated it can be amply supported by the State and a complete and thorough survey should certainly enable us to eliminate over lapping of work and duplication of effort and will furnish valuable information for a proper basis of appropriation in the future. Approximately two and a. quarter millions of dollars annually was appropriated in 1929 to the various units of the Cniversity system for maintenance. If this amount be effectually and properly expended it should provide us with institutions of higher education of the first order.
SCHOOL BOOKS
The high cost of text books has become quite a problem to parents of moderate means attempting to educate their children. The too frequent and unnecessary changes in State text books in the past several years, have resulted in much unnecessary expense to parents. There is a widespread and general dissatisfaction because of the present burdensome plan of book adoption and the two great expense of text books.
Considering the present condition of the State's finances free school books are out of the question at this time, and in order to stabalize and reduce prices and to afford text books at the lowest possible cost, I regard it as imperative that there shall be adopted a stringent uniform text book law which shall apply to every common school unit in the State receiving any funds from the State Treasury.
I further recomnunend that the State Text Book Commission be empowered and directed by proper legislation to formulate a system which reduces the present excessive prices of school books based upon the following prin~iples : -
(1) That the Text Book Commission be empowered and authorized to have books for the common and high schools of this State printed by contract, by the lowest and best bidder. That to carry out the provisions of this authorization, the said Commission be empowered either to rent plates, buy manuscripts,
MoNDAY, JuNE 29, 1931.
239
employ competent authors, or to pay royalties, or do any other act or thing necessary to permit them to have text books printed by contract, if this be considered advisable by the Commission and the most economical method of obtaining satisfactory books.
(2) That the State Text Book Commission be empowered and authorized to contract with the publishers of any text book, for the purchase of text books in quantities sufficient for the children in any of the grades of the public schools of this State, based on estimates and the school census, and that such Commission he authorized to set apart a revolving fund from the appropriation made to the common schools of this State for this purpose, not to exceed the sum of five hundred thousand dollars for any year; said books to he furnished to the user at exact wholesale price.
(3) That said Commission be authorized and empowered to contract with any publisher of school books for the use of any book which it may he possible to adopt at a lower cost than now possible by either having the same printed by contract or purchased in quantities, provided the publisher will agree to have such book handled through the agency of distribution created and recognized by the Commission, without any profit to the distributor.
(4) That all school books chosen and selected by the Text Book Commission by either one of, or all of these methods, he distributed by the County School Superintendents of the respective counties at actual cost and that all of such superintendents be required to give a good and sufficient bond for the proper handling of said books and faithfully accounting for all funds received therefrom.
In my opinion such a system will result in a material reduction in the cost of school books. This plan will entirely eliminate the excessive profits heretofore received on school books and will result in a substantial saving. The State now pays each county school superintendent fifty dollars per month, out of school funds, and in practically every county this is supplemented from the county treasury. The various county superintendents of schools can easily work out a system whereby teachers of various grades can handle thes~ books without any undue burden being placed upon them or upon his office.
STATE HIGHWAYS AND HIGHWAY DEVELOPMENT
In point of public interest and amount of money handled, the Highway Department occupies a very prominent place. Due to the increased revenue afforded this Department by the tax
240
JouRNAL OF THE HousE,
legislation of 1929, substantial progress has been made in the completion of our system and under existing conditions we may reasonably hope for further improvement of all of our roads within the near future. The cost of construction is lower than ever before in history. Recent work on our system has afforded employment to thousands and accomplished much in alleviating the distress incident to the present economic depression.
The people of Georgia may well felicitate themselves upon the fact that we will soon have a splendid system of highways without having accumulated a tremendous bonded indebtedness in its construction. lVIost of our citizens now agree that it would be unwise to issue bonds for highway purposes. The "pay-asyou-go" system has been thoroughly vindicated.
Our highways are being built by those who use them and are financed by taxes imposed upon motor vehicles and motor vehicle fuel. This class of taxpayers are not only paying for the construction and maintenance of the State road system, but they are also contributing approximately two and one-half million of dollars annually towards the common school fund and a like amount to the various counties of the State for the maintenance of county roads. In my opinion, any further diversion, for any purpose, of the funds devoted to road construction and maintenance, within the next two years, would be inadvisable and ill timed.
In the early stages of highway construction a policy of requiring the counties of the State to assist in meeting the cost of highway construction was adopted. This policy has resulted in creating a moral obligation of the State to the various counties amounting to around twenty million dollars. It caused the issuance of millions of dollars of road bonds by the counties and resulted in increasing the already excessive county taxes upon the homes, farms and business interests for the purpose of paying interest and redeeming bonds. l"nder such a system it is impossible for the poorer and weaker counties to obtain roads. This is the direct cause of the good highways of the State being broken by stretches of bad roads through counties unable to contribute to highway improvements. Regardless of the merits of this policy at the inception of our highway system, there can be no excuse for its continuance in view of the present revenue of the highway department. I suggest that you consider the advisability of passing a law prohibiting further contributions by the counties to the building of State roads.
The Highway Department should inaugurate the same program of economy which the present condition of the treasury renders
MoNDAY, JuNE 29, 1931.
241
.
it imperative for the other departments to adopt. Salaries and the
overhead cost in this department should be cut to the lowest
possible minimum. The people will obtain the immediate benefit
from any sums that may be saved by a reduction of salaries or
administrative costs in this department for use in the construction of
more roads and by affording employment for more people through
increased construction.
The total amount of so-called certificates of indebtedness to the various counties by the Highway Department is assuming alanning proportions. There is grave doubt as to the legality of this indebtedness and as to whether it represents a legal demand against the State. These certificates are unquestionably moral obligations of the State and these, in many cases,, represent increasing and excessive taxes on owners of farm lands and small homes who voted bonds in their efforts to secure the benefit of highway improvements.
It is now apparent that it will be many years before the State Highway System is completed. Additional mileage has been added to the system on several occasions since the passage of the act requiring the counties which contributed to the State system to await the completion of the system before having their money refunded. It is my opinion the best public policy will be, not only to discontinue county participation in building State roads, but to propose to the people of Georgia a constitutional amendment recognizing this indebtedness and enabling the General Assembly to repay these counties the sums advanced the Highway Department in gradual annual payments not to exceed ten per cent of the total amount.
These certificates are held by a hundred and fifty Georgia counties in greatly varying amounts and their gradual repayment will be a step toward reducing the present county tax rate. The county tax rate is in many instances excessive on account of the payments which must be made on bonded indebtedness.
Any reduction of county taxes throughout the State will be reflected in the prosperity of all the citizens of Georgia and is an end much to be desired. Such repayment will not materially lessen highway construction in those counties where funds have not been advanced to the State, especially in view of the constant increase in the revenue from taxes on gasoline and on motor licenses.
The State Highway System belongs to the State and we should as speedily as possible make its maintenance and construction strictly the State's business. We are committed to a "pay-as-
242
JouRNAL OF THE HousE,
f
you-go" policy so long as the counties are permitted to place a lien on the property of their citizens for the purpose of providing funds to use for State highway construction.
CHANGING TIME OF INAUGURATION OF GOVERNOR
So far as I am advised no other state of the nation is operating under the system which obtains in Georgia, of electing a Governor and General Assembly in November, often on issues of present and vital importance, and preventing their assuming office until the following June, thereby delaying the opportunity to enact into law any principle advocated in the campaign or in the party platform.
The present system causes much confusion and is certainly not conducive to good government. To my mind there is no good reason for its continuance. "'ith full knowledge that such legislation will shorten my term as Governor by more than six months, I recommend the submission and adoption of a constitutional amendment which will enable the Governor and the General Assembly to take office in January following their election in X ovemher.
PRORATION OF FUNDS
It is a matter of recent history that the common schools bear the brunt of the suffering caused by excessive appropriations. It has often been the case in Georgia, when appropriations exceed revenue, that the total amount of the appropriation to all of the various Departments of State, her employees, and the various Institutions, have been paid in full at the expense of a material reduction in payment of the appropriation made to the common schools.
Common sense and good business policy dictate that the total amount of our appropriations should in no instance and for no purpose, exceed the revenue of the State. In order to prevent any discrimination in the future against the beneficiary in any appropriation item, I suggest for your consideration the adoption of a constitutional amendment prorating all funds and evenly scaling the salary of every official and employee of the State, beginning with the Governor, in event any future Legislature and Governor may he so unwise as to make and approve appropriations in excess of the assured revenue of the State.
HEALTH
The question of public health is one of paramount concern. We realize the necessity of preserving the health of our people and
MoNDAY, JuNE 29, 1931.
243
protecting them from contagious and communicable diseases. All funds properly expended for this purpose are certainly a wise investment.
Public Health Work in Georgia has been carried forward rapidly and efficiently and has become quite a factor in the life of our State.
The State has various splendid institutions for the treatment of mental disorders and other classes of unfortunate citizens . Enlargement and maintenance of these institutions constitute a considerable item in our annual budget.
All are agreed as to the necessity of the State continuing and fostering this important work, and I am sure that it will appeal to the humanitarianism of this Assembly and all of our citizens. I am convinced, however, that certain economies can be effected in this work, as well as in other Governmental activities, without impairing the efficiency of these institutions or their ability to serve the people.
I am further convinced that many patients who are amply able to defray the expenses of their treatment, are being treated in the various State Institutions at the expense of the taxpayers. There has long been a provision in our law that the Trustees of the Milledgeville State Hospital for the Insane at Milledgeville should investigate the financial condition of those afflicted with mental disorders before admitting them to that institution, in order to ascertain whether such patients have sufficient estate to enable them to contribute towards their maintenance and treatment. So far as I am informed, no charges have ever been made against a patient of the more than five thousand who are receiving treatment at that institution. No person should be denied admission to any of the State's Hospitals on account of poverty or inability to pay, nor should any person possessed of an estate be a charge on the already overburdened taxpayers of our State.
I recommend that by appropriate legislation you provide a sure method whereby the State will receive compensation for the treatment of all patients in State Hospitals and eleemosynary institutions in every instance where such patient is possessed of an estate sufficient to defray all or a part of the expense of his treatment.
Existing departments have many employees whose duties require them to travel over the State and these employees, under proper instruction, can make proper investigation of the financial condition of such patients at very little additional cost.
244
JouRNAL OF THE HousE,
LABOR AND THE WORKMEN'S COMPENSATION ACT
We have long realized the necessity for the most cordial and sympathetic relations between capital and labor and at this very critical time in our industrial life any agitation calculated to engender feeling between those employed and their employers would be peculiarly unfortunate.
The workmen's compensation law has been in operation in this State for a number of years, and while many people do not approve of such a system regarding it as paternalistic, we realize it represents the advanced thought of both the employer and the employee and that it is established as a part of our present day system of government. I therefore favor legislation to liberalize these laws for the benefit of the workmen. ruder the present law the employee is only entitled to hospital treatment in the sum of one hundred dollars. In my opinion this is woefully inadequate and works a hardship innumerous cases, and I recommend that this benefit be increased to a maximum of five hundred dollars, and that you further consider the advisability of lump sum payments to employees who are totally and permanently disabled, without regard to agreement of the parties, in order that such employees may have an opportunity to embark in business, or become selfsupporting and not have their limited weekly payments cease, leaving them without means of support or opportunity of earning a livelihood.
REDISTRICTING THE STATE
As a result of the slight increase of the population disclosed by the 1930 census, our State has suffered the loss of two Representatives in the National Congress. We are now only entitled to ten Congressmen instead of twelve. It therefore becomes your painful duty to redistrict the State hy rearranging the counties on the basis of population, into ten districts. :Much apprehension is felt throughout the State that this important matter will degenerate into political log rolling and consume much of the valuable time of this Assembly. I have full faith in the patriotic ability of this J.egislature to dispose of this matter at the present session in a fair and just manner without being influenced by personal appeals or considerations. I call on the present twelve representatives in Congress to aid the Legislature in arriving at a proper plan of redistricting the State.
Under the provisions of paragraph one, section three, article three, of our Constitution, it is also our duty to apportion representation in the House of Representatives among the several
MoNDAY, JuNE 29, 1931.
245
counties of the State on a basis of population, as disclosed by the 1930 census and directed by the provisions of this constitutional provision.
BANKING LAWS AND BANKING DEPARTMENT
The tremendous loss sustained by our people on account of the failure of banks throughout the State has emphasized the need of the most rigorous and careful supervision of our banking system and the necessity of adequate banking laws. Present economic conditions have no doubt aggravated bank failures, hut the fact remains that our banking laws and Banking Department should either be made a real agency for the protection of depositors and creditors of our hanks in time of stress as well as prosperity, or the Department should be abolished and the laws repealed.
Supervision of banks is one function which, when assumed by the State Government should be most scrupulously and carefully exercised. If the State is unable to afford protection all pretense should be removed for no depositor should lose money which has been deposited in banks in the confident expectation that it would be protected hy the laws of the State.
SCHOOL CODE
Our present school laws in Georgia are vague and conflicting and I suggest for your consideration the matter of clarifying them by writing a new code of school laws. There is very little connection between the State Department of Education and the various school units. In my opinion they should be brought into more definite and binding relation and the responsibility resting upon each should be positively fixed. Our common school system is not the result of careful planning. It is irregular in operation and often weakest and most inefficient at the most expensive points.
REVISION OF THE STATUTES
The General Assembly at its 1929 session created a Commission instructed to prepare and revise the Statutes of this State. There has been no revision of the Georgia Code since 1910. This Commission has completed its labors and has contracted for the production of a new and revised Code, including the acts of this session, which contract is subject to the approval of this General Assembly, and this question will be before you for consideration.
I invite your attention to the printed reports of the various Departments of the Government, which will be before you, for
246
JouRNAL OF THE HousE,
information as to the scope of their activities and the nature of the work they are doing.
I wish to assure the members of this General Assembly, collectively and individually, that I am fully cognizant of the tremendous responsibility which is yours. I stand ready and willing to assist you in every way possible. If my ten years experience as a member of the House of Representatives can be of the slightest aid to any one of you, it will be a privilege to have you call on me. I hope that the members of this body will feel free to come to my office for conferences on the people's business.
The great seal of Georgia bears the words "Wisdom, Justice and Moderation." May the spirit of moderation pervade our deliberations, may wisdom direct our efforts, and equal justice to all our people be the result of our labors.
Respectfully submitted,
RICHARD B. RUSSELL, JR.,
Governor.
Mr. Beasley of Tattnall moved that the joint session of the General Assembly do now dissolve, and the motion prevailed.
The President of the Senate announced the joint session of the General Assembly was now dissolved.
The Speaker called the House to order.
The Speaker announced the following- Standing Ccmmittee assignments:
MoNDAY, JuNE 29, 1931.
247
ACADEMY FOR THE BLIND
li.A.ml:m, Chairman Arnold
Atwood Brown
Cannon
Childs Dorsett
Edmondson Gary Jones of Paulding
PAOE, Vice-Chairman McElreath
lle~Dy
Mercer Morris Pittard Ross of Dodge Sisk Swain wilson
AMENDMENTS TO THE CONSTITUTION
Ros~SER, Chairman
SPIVEY, Vice-Chairman
Alexander
Jones of Burke
Almand
Kennedy
Battle
Key
Beaman
King of Newton
Brown
Lanier
Chalker
Lindsay
Colson
McGehee
Cowart
McRae
Crawford
McWhorter
Davis of Jackson
Maynard
Davis of Mitchell
Mixon
Davis of Troup
Mooty
Dwusm
Moye
Dykes
Mundy
Edwards of Lowndes
Myrick
Evans
Nelson of Cook
Fraser
Nelson of Laurens
Grayson
Oliver
Griffin of Decatur
Park
Hardin
Pope
Hawes
Sisk
Hyman
Stanton
Johnson of Mont-
Stone
gomery
Westbrook
248
JouRNAL OF THE HousE,
APPROPRIATIONS
CuLPEPPER, Chairman
Allen Almand Arnold Arrington Ashley Barrett Bean Beasley Bennett of Bacon Bland Cain Clements of Marion Cochran Cozart Davis of Floyd Donaldson Eckford Edwards of Gilmer Franklin Graham Grayson Hardin Harris Harrison of Camden Hatcher Howard of Chatta-
hoochee Hubbard of Haber-
sham Irvin Johnson of Pike Jones of Burke
RIVERS, Vice-Chairman
King of Clay King of Newton Leathers Lester McGehee Mallard :Montgomery McWhorter Pace Patten Phillips Powell Purdy Rabun Rivers Scarbrough Sharpe Shirley Sisk Skelton Stone Strickland of Douglas Swain Thomoson Trapnell Thompson Tippins Walker of Ben Hill Walker of Brooks Wall Westbrook Williams
MoNDAY, JuNE 29, 1931.
249"
AUDITING
HUTCHESON, Chairman ELLIOTT, Vice-Chairman
Hardin Howard of Chatta-
hoochee Johnson of Pike McWhorter Montgomery
Mundy
Patten Sims Swain Townsend Walker of Morgan Wall
AVIATION
WILKES, Chairman
BLAND, Vice-Chairman
Bean Davis of Mitchell Donaldson Evans Gillen Grayson Harris Johnson of Seminole
Jones of Lumpkin Lance Mardre Nelson of Laurens Peebles Thomas Turner Walker of Brooks
BANKS AND BANKING
STANTON, Chairman
Almand Arnold Beaman Beasley Chalker Crowe Cullens Fagan Freeman Hatcher Huddleston Lance
EDWARDS of Lowndes, Vice-Chairman
Leathers Musgrove Nelson of Cook Nelson of Laurens Sharpe Sisk Sutton Swain Thomas Walker of Ben Hill Weeks
250
JouRNAL OF THE HousE,
CONSERVATION
HowARD of Long, Chairman
Bunn Cain Carlisle of Grady Courson Cullens Evans Holt Musgrove Osteen
PuRvrs, Vice-Chairman
Patten Paulk Roberts Ross of Dodge Seckinger Simmons Strickland of Haralson Tate Walker of Screven
CORPORATIONS
WALKER of Ben Hill, Chairman
ScARBROUGH, Vice-Chairman
Ashley Brannen Brown Brunson Carlisle of Grady Cowart Davis of Mitchell Duncan Hawes Home
McKoy Maynard Mundy Parham Park Phillips Sammon Skelton Taylor Thompson
COUNTIES AND COUNTY MATTERS
ANDREWS, Chairman
MUNDY, Vice-Chairman
Atwood Awtrey Courson Cozart Crawford
Dixon Edmondson Elliott Evans Freeman
MoNDAY, JuNE 29, 1931.
251
Gary
Graham Greer Griffeth
Gullatt Harrison of Jenkins
Hodges
Horne Howard of Chatta-
hoochee Hubbard of Wilkinson Hutcheson Johnston Jones of Paulding
Killebrew Kimsey
McRae
Mallard
Morris Musgrove
Oliver Parham Patten
Peebles Phillips
Preston Purvis Roberts Ross of Appling Ross of Dodge Stewart Still Thomoson Trotter Walker of Morgan Whittle
Williams Wilson
Yawn
DRAINAGE
SECKINGER, Chairman MoYE, Vice-Chairman
Arnold
Bean Bennett of Bacon Brannen Bush Cartledge
Childs
Courson Crowe Gary Harrison of Jenkins Howard of Long McGehee Mardre
EDUCATION
DAVIS of Floyd, Chairman P ATTEN1 Vice-Chairman
Andrews Arrington Awtrey
Barrett Bean Bennett of Bacon
252
JouRNAL oF THE HousE,
Bush Chambers Childs Clark Clements of Marion Clements of Telfair Courson Davis of Troup Donaldson Duncan Edwards of Lowndes Elliott Freeman Graham Green Griffeth Gullatt Harris Harrison of Camden Hawes Hodges Howard of Chatta-
hoochee Hubbard of Haber-
sham Hutcheson James Johnson of Mont-
gomery Jones of Lumpkin Jones of Paulding
Kimbrough Kimsey King of Newton Lanier Lindsay Lord McGehee McKoy Mallard :J.\.Iercer Mixon Mundy Pace Pittard Robertson Ross of Appling Scarbrough Skelton Stanton Still Strickland of Douglru Strickland of
Haralson Sutton Tippins Townsend Trotter Waldrop Walker of Morgan Whittle Williams
LoRD, Chairman
Arnold Brunson Chambers
ENGROSSING
BARGERON, Vice-Chairm:
Courson Davis of Floyd Fagan
MoNDAY, JuNE 29, 1931.
253
Franklin Harris Hyman McLeod Maynard
Parham Robertson Seckinger Walker of Brooks Weeks
ENROLLMENT
HUBBARD of Wilkinson, JAMES, Vice-Chairman Chairman
Andrews Barrett Clements of Telfair Culpepper of Echols Harrison of Camden Hodges Jones of Paulding Lanham Mallard
Paulk Robertson Sammon Sims Trapnell Waldrop Walker of Screven Wilkes
EXCUSE OF MEMBERS ABSENT WITHOUT LEAVE
EDMONDSON, Chairman MERCER, Vice-Chairman
Adams Arnold Awtrev Hubb~rd of Haber-
sham Killebrew
King of Newton Mattox Montgomery Stewart Waldrop
GAME AND FISH
MARDRE, Chairman
HARRISON of Camden, Vice-Chairman
Atwood Bargeron Colson Courson
Cullens Dixon Edmondson
254
JouRNAL OF THE HousE,
Edwards of Gilmer Fraser Green Gullatt Harrison of Jenkins Howard of Long Lewis of Hancock McLeod Mallard.
Musgrove Osteen Patten Rabun Rivers Ross of Appling Seckinger Sharpe Swain
GENERAL AGRICULTURE NUMBER ONE
JoHNSON of Seminole, Chairman
SHIRLEY, Vice-Chairman
Arnold Atwood Bargeron Bennett of Bacon Cain Cartledge Clark Cochran Collier Cullens Culpepper of Echols Davis of Floyd Davis of Jackson Dorsett Elliott Gary Graham Green Hampton Harris
Hodges Hutcheson Jones of Paulding Key Kimbrough King of Clay Leathers McGehee McKoy McLeod Mardre Mixon Morris Paulk Rabun Roberts Sammon Thomoson Walker of Ben Hill Yawn
MoNDAY, JuNE 29, 1931.
255
GENERAL AGRICULTURE NUMBER TWO
RABUN, Chairman
PHILLIPS of Tift, Vice-Chairman
Almand Andrews Bennett of Jeff Davis Bush Chambers Childs Clements of Telfair Cowart Cozart Dixon Griffeth Griffin of Wilkes Horne Killebrew Kimsey
Lewis of Gordon Lord Mattox Mercer Montgomery Mooty
Moye Osteen Parham Pittard Powell Preston Purdy Robertson Sharpe Sims Stewart Strickland of
Haralson Thompson Tippins Walker of Brooks Walker of Morgan Walker of Screven Wall Whittle Wilson
GEORGIA SCHOOL FOR THE DEAF
LANHAM, Chairman
THoMosoN, Vice-Chairman
Adams Clark Cowart Davis of Floyd Freeman Harris Holt
Hubbard of Wilkinson
Kimsey Mercer Paulk
Rabun Sutton Walker of Morgan
256
JouRNAL OF THE HousE,
GENERAL JUDICiARY NUMBER ONE
LEWIS of Hancock, Chairman
KING of Newton, Vice-Chairman
Alexander Carlisle of Grady Cowart Crowe Culpepper of Fayette Davis of Jackson Duncan Dykes Edwards of Lowndes Evans Fraser Gillen Grayson Hubbard of Wilkinson Johnson of Mont-
gomery Jones of Burke
Key Lanier Logan McGehee Mooty Mundy Nelson of Cook Nelson of Laurens Oliver Pope Rosser Spivey Stanton Sutton Taylor Thomas Wilkes
GENERAL JUDICIARY NUMBER TWO
ALLEN, Chairman
STONE, Vice-Chairman
Battle Beaman Brown Brunson Carlisle of Bibb Colson Davis of Mitchell Davis of Troup Edwards of Gilmer Fagan Greer Hatcher
Hawes Huddleston Hyman Johnson of Pike Kennedy King of Clay Lanham Lester Lindsay Mattox Maynard Mixon
J Mo~DAY, u~E 29, 1931.
257
Myrick Park Powell Purdy Sisk Skelton
Strickland of Douglas Townsend Trapnell Turner \Vest brook \Villiams
GEORGIA STATE SANITARIUM
BLAND, Chairman
PoPE, Vice-Chairman
Arrington Childs Clements of Telfair Davis of Troup Edwards of Stephens Franklin Gary Green Griffeth Griffin of \Yilkes Hampton Hatcher Hodges Johnson of Pike Lewis of Gordon Lord
.Mattox :Mixon .l\Iorris Powell Preston . Purvis Robertson Sammon Sims Stanton Stewart Strickland of Douglas
Townsend \Valker of Morgan \Veeks \Vhittle
HALLS AND ROOMS
HoDGES, Chairman
l\{ONTGO~fERY,
Vice-Chairman
Arrington Beaman Beasley Bland Bush Clements of Telfair Culpepper of Echols
Donaldson Johnson of Seminole Nelson of Cook Osteen Powell Rivers Thomas
258
JouRNAL OF THE HousE,
INSURANCE
KEY, Chairman
Allen Almand Brannen Cain Clements of Marion Cowart Cozart Davis of Jackson Harrison of Jenkins Irvin Lanier Leathers Lewis of Hancock
AsHLEY, Vice-Chairman
l\TcWhorter Maynard :Meredith Park Rabun Ross of Dodge Sammon Strickland of Douglas Strickland of
Haralson Thompson Trotter
HYGIENE AND SANITATION
CANNO:N, Chairman
GARY, Vice-Chairman
Bennett of Bacon Brannen Brunson Cochran Dixon Franklin Green Harrison of Jenkins :McElreath :McKoy :McRae 1\tlattox
Mixon lVIorris Moye Pace Rabun Ross of Appling Thomoson
'Vall 'Williams
Yawn Weeks
INVALID PENSIONS AND SOLDIERS HOME
MoNTGOMERY, Chairman CARTLEDGE, Vice-Chairman
Bargeron Clements of Telfair
Dixon Edmondson
MoNDAY, JuNE 29, 1931.
259
Griffin of Wilkes Hubbard of Haber-
sham Hutcheson Irvin
Mattox Ross of Appling Waldrop Walker of Screven
HARDIN, Chairman
Brunson Bunn Donaldson Evans Purvis Scarbrough
JOURNALS
NELSON of Laurens, Vice-Chairman
Shirley Spivey Stone Swain Taylor
LABOR AND LABOR STATISTICS
STILL, Chairman
LEATHERS, Vice-Chairman
Alexander
Lewis of Hancock
Beaman
Logan
Brannen
McGehee
Carlisle of Bibb
1\iooty
Culpepper of Fayette
Peebles
Griffin of Decatur
Roberts
Hardin
Rosser
Huddleston
Simmons.
Johnson of Seminole
Westbrook
Key
Yawn
Lester
LEGISLATIVE AND CONGRESSIONAL REAPPORTIONMENT
THoMAS of Wayne, Chairman
ALLEN of Baldwin, Vice-Chairman
First District: Beasley l\fyrick Harrison of Jenkins
Second District: Crowe
Johnson of Seminole Wilkes
260
JouRNAL OF THE HousE,
Third District: Dykes
Greer King of Clay Fourth District: Huddleston :Mooty Roberts Fifth District : Cannon Lindsay
~feRae
Sixth District: Culpepper of Fayette Key Gillen
Seventh District: Crawford Lewis of Gordon Rosser
Eighth District: Collier Skelton
'Vall Ninth District:
Lance Edwards of Stephens Johnston Tenth District:
"r Lewis of Hancock
Taylor of ashington Eleventh District:
:Mallard Stewart Twelfth District: Nelson of Laurens Rivers Spivey
MANUFACTURES
SIMMONs, Chairman
JoHNSTON, Vice-Chairman
Bland Clark Clements of lVIarion Edwards of Stephens Holt King of Clay
Montgomery Osteen Phillips Peebles Tate Wall
MILITARY AFFAIRS
HuDDLESTON, Chairman JoNES of Burke, Vice-Chairman
Bargeron Battle Beaman
Brunson Carlisle of Bibb Cozart
MoNDAY, JuNE 29, 1931.
261
Crowe Fraser Gillen Grayson Kennedy Lewis of Hancock Preston
Rosser Shirley Stone Taylor Trapnell '\Valker of Brooks
Wilkes
MINES AND MINING
PEEBLES, Chairma.n
TATE, Vice-Cha.irma.n
Awtrey Ca.nnon Chambers Edmondson Hampton Irvin
Jones of Lumpkin Kimsey McElreath Simmons W&ldrop Wilson
MUNICIPAL GOVERNMENT
TROTTER, Chairma.n
FAGAN, Vice-Chairman
Bennett of Bacon Bennett of Jeff Davis
Bunn
Carlisle of Bibb Cartledge Davis of Jackson Eckford Fraser
Freeman Grayson
Griffin of Decatur Gullatt
Hatcher Johnston Kimbrough
King of Clay Lewis of Gordon Loga.n
McElreath Mooty Morrill
Nelson Park Peebles Pope Purdy Spivey Still Walker of Ben Hill Wilkes
262
JouRNAL OF THE HousE,
PENITENTIARY
RIVERS, Chairman
Almand Andrews Arrington Beasley Brannen Bunn Burton Cain Chalker Cochran Crawford Cullens Culpepper of Echols Eckford Edmondson Franklin Freeman Grayson Green Griffin of Wilkes Hampton Holt Howard of
Chattahoochee
KIMBROUGH,
Vice-Chairman
Hubbard of Wilkinson James Johnson of Seminole Jones of Lumpkin Jones of Paulding Killebrew Lance Lewis of Gordon l\1attox Montgomery Morris Parham Paulk Pittard Purdy Rabun Sharpe Sims Skelton Thomoson Turner Wall
PENSIONS
DuNCAN; Chairman
McKoY, Vice-Chairman
Arnold Awtrey Bennett of Jeff Davis Cannon Childs Culpepper of Fayette Edwards of Stephens
Gary Hampton Harris Hatcher Maynard Moye Pace
MoNDAY, JuNE 29, 1931.
263
Phillips Pope Preston Robertson
Seckinger Waldrop Yawn
PRIVILEGES OF THE FLOOR
LEWIS of Gordon, Chairman
Mc\VHORTER, Vice-Chairman
Barrett Bean Brown Carlisle of Grady Clements of :Marion Cullens Greer Johnson of Pike Killebrew
1\'Iontgomery J\Ioye Osteen Paulk Ross of Dodge Shirley Strickland of Haralson Townsend \Valker of J\!Iorgan
PRIVILEGES AND ELECTIONS
JoNES of Lumpkin, Chairman
BENNETT of Bacon, Vice-Chairman
Bush Cain Dixon Elliott Green Hampton Horne
Lance Mardre Oliver Powell Sharpe \Valker of Screven
Yawn
PUBLIC IDGHWAYS
BEASLEY, Chairman
MEREDITH, Vice-Chairman
Adams Alexander Bland Brunson
Burton
Bunn Cannon Chalker
264
JOURNAL OF THE HousE,
Clements of 1\Iarion Clements of Telfair Cochran Collier Courson Crowe Davis of Jackson Davis of Troup Dixon Donaldson Edmondson Elliott Franklin Green Griffin of Decatur Gullatt Hampton Harrison of Jenkins Hall Howard of
Chattahoochee Howard of Long Johnson of
1\Iontgomery Johnson of Pike Johnson of Seminole Jones of Burke Jones of Lumpkin Key Killebrew Kimbrough Lanham I.ogan McKoy
:McLeod Mc,Yhorter :Musgrove ::\fyrick Nelson of Cook Osteen Parham Peebles Pittard Purdy Rabun Rivers Ross of Dodge Scarbrough Sharpe Sisk Spivey Stone Strickland of
Haralson Sutton Tate Taylor Thompson Tippins Townsend Trapnell Trotter Turner
'Valker of Ben Hi] walker of Screven Westbrook 'Wilkes
Wood
MoNDAY, JuNE 29, 1931.
265
PUBLIC LIBRARY
WALL, Chairman
SIMS, Vice-Chairman
Adams Arrington Bennett of Jeff Davis Burton Chambers Clements of Telfair Dorsett
Harrison of Jenkins Johnson of Pike Osteen Powell Seckinger Stone Townsend
PUBLIC PRINTING
GRIFFIN of Decatur, Chairman
WALKER of Brooks, Vice-Chairman
Almand
Bennett of Jeff Davis Burton Cartledge. Childs Cullens Eckford Freeman Greer
Hampton Harrison of Camden Horne Leathers McLeod Mixon Pace Purvis Still
PUBLIC PROPERTY
JAMES, Chairman
PuRDY, Vice-Chairman
Ashley Barrett Burton Chambers Colson Dykes
Eckford Graham Griffeth Griffin of 'Vilkes
Horne Hutcheson Irvin Lester Mercer
:Mixon Robertson Swain "Wilson
266
JouRNAL OF THE HousE,
RAILROADS
TIPPINS, Chairman
DYKES, Vice-Chairman
Alexander
Graham
Andrews
Griffin of Decatur
Battle
Hardin
Brannen
Hyman
Bunn
James
Carlisle of Grady
Jones of Burke
Cochran
Lester
Collier
Logan
Cozart
:Myrick
Cullens
l\1c\Vhorter
Culpepper of Fayette
Spivey
Davis of Floyd
Stewart
Edwards of Lowndes
RULES
THE SPEAKER, Ex-Officio NELSON of Cook,
Chairman
Vice-Chairman
First District:
Twelfth District:
Alexander
Fagan
Second District:
Eleventh District:
'Westbrook
Turner
Third District:
State at Large:
Walker of Ben Hill
Beasley
Fourth District:
Bland
Meredith
Brannen
Fifth District:
Culpepper of Fayette
Gullatt
Davis of Mitchell
Sixth District:
Gillen
Franklin
James
Seventh District:
Johnson of Seminole
Rosser
Lewis of Hancock
Eighth District:
Patten
Wood
Rivers
Ninth District:
Simmons
Johnston
Still
Tenth District:
Thomas
Lanier
Trotter
MoNDAY, juNE 29, 1931.
267
SANITARIUM AT ALTO
WEEKs, Chairman
MoRRIS, Vice-Chairman
Awtrey Brown Cannon Clark Cowart Dixon Edwards of Stephens Green Howard of
Chattahoochee Hubbard of
Habersham
Killebrew Logan
McElreath McLeod Mundy Pace Pittard
Purdy Shirley Wilson
SPECIAL JUDICIARY
C&WFORD, Chairman FREEMAN, Vice-Chairman
Ashley Bennett of Jeff Davis Cain Chalker Dorsett Holt Hyman Irvin Kimsey Lewis of Gordon McRae
McWhorter Meredith Moye Parham Roberts Ross of Dodge Sharpe Sims Whittle \1\"ood
STATE OF THE REPUBLIC
CoLLIER, Chairman
HUDDLESTON,
Vice-Chairman
Alexander Andrews Battle
Beaman Beasley Bland
268
JouRNAL OF THE HousE,
Cochran Colson Crowe Davis of Troup Duncan Eckford Edwards of Lowndes Fagan Grayson
Greer Hatcher Holt Howard of Long Rivers Roberts Thomas Trotter "\Valker of Ben Hill
TEJ\1PERANCE
AWTREY, Chairman
Ross of Appling, Vice-Chairman
Adams Arnold Arrington Cartledge Childs Culpepper of Echols Graham Griffeth
Hodges Lord :McKoy Pittard Seckinger \Valker of Screven Weeks Yawn
TRAINING SCHOOLS
FRANKLIN, Chairman
LANCE, Vice-Chairman
Adams Bargeron Bush Davis of Floyd Dixon Dorsett Eckford Edwards of Gilmer
Edwards of Stephens Elliott Howard of Long Kimsey McLeod Patten 'Wilson
Yawn
MoNDAY, JuNE 29, 1931.
269
UNIFORM STATE LA\-VS
CHALKER, Chairman
Allen Atwood Brannen Brown Bush Donaldson Irvin
EDWARDS of Gilmer, Vice-Chairman
Lance Lanham l\Iercer Oliver Pope Strickland of Douglas
'Vall
UNIVERSITY OF GEORGIA AND ITS
BRANCHES
LINDS."'Y, Chairman
MIXoN, Vice-Chairman
Adams
Kennedy
Ashley
Lanham
Bargeron
Lester
Barrett
Lewis of Gordon
Battle
McWhorter
Bean
1\iundy
Burton
Nelson of Laurens
Cartledge
Oliver
Chalker
Paulk
Collier
Phillips
Donaldson
Preston
Edwards of Gilmer
River.s
Edwards of Stephens
Sammon
Franklin
Shirley
Fraser
Simmons
Gary
Tate
Griffin of Wilkes Horne
Thompson Tippins
Hubbard of
Trapnell
Habersham
Turner
Huddleston
Westbrook
James
Wilkes
Jones of Lumpkin
Wood
270
JouRNAL OF THE HousE,
WAYS AND MEANS
DAvis of Mitchell, Chairman
BATTLE, Vice-Chairma1
Atwood Awtrey Brunson Bunn Burton Carlisle of Bibb Carlisle of Grady Clark Clements of Telfair Collier Colson Crawford Dykes Edwards of Lowndes Edwards of Stephens Fagan Gillen Greer Griffin of Decatur Gullatt Holt Howard of Long Hyman Johnson of
l\iontgomery Johnson of Seminole Johnston Kennedy Key Kimbrough Lanham
Lanier Lewis of Gordon Lindsay Logan Lord McElreath McRae Mardre Meredith :Mooty Musgrove Myrick Nelson of Cook Park Purvis Roberts Rosser Sammon Simmons Spivey
Stanton Stewart Strickland of
Haralson Sutton Tate Trapnell Trotter Weeks Whittle Wood
MoNDAY, JuNE 29, 1931.
271
WESTERN AND ATLANTIC RAILROAD
MEREDITH, Chairman
HATCHER, Vice-Chairman
Allen Almand Bennett of Jeff Davis Brunson Cannon Carlisle of Bibb Clark Clements of :Marion Courson Davis of :Mitchell Dorsett Eckford Evans Fraser Greer Harrison of Camden Hawes Hyman Johnson of
:Montgomery Kennedy
King of Newton Lindsay Lord :McElreath 1\-IcGehee :Mattox Oliver Peebles Ross of Dodge Rosser Scarbrough Sisk Skelton Taylor Thomas Thomoson 'Valker of Brooks vValker of Morgan Wilkes vVilliams
Privileges of the floor were granted to Dr. R. C. Gools-
by of Monroe County, Hon. J. P. Dukes of Bryan Coun-
ty, Hon. Thomas W. Bryan and Hon. Claude Clements of Walker County.
Mr. Stewart of Coffee moved that the House do now adjourn, and the motion prevailed.
Leave of absence was granted to Messrs. Thompson of Barrow and Williams of Emanuel.
The Speaker announced the House adjourned until tomorrow morning, at 10:00 o'clock.
272
JouRNAL OF THE HousE,
REPRESENTATIVE HALL, ATLANTA, GA.
TuESDAY, JuNE 30, 1931.
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 Allen Almand Andrews Arnold Arrington Ashley Atwood Awtrey Bargeron Barrett Battle Beaman Bean Beasley Bennett of Bacon Bennett of Jeff Davis Bland Brannen Brown Brunson Bunn Burton Bush Cain Cannon Carlisle of Bibb Carlisle of Grady Cartledge Chalker
Chambers Childs Clark Clements of Marion Clements of Telfair Cochran Collier Colson Courson Cowart Cozart Crawford Crowe Cullens Culpepper of Echols Culpepper of Fa~tte Davis of Floyd Davis of Jackson Davis of Mitchell Davis of Troup Dixon Donaldson Dorsett Duncan Dykes Eckford Edmondson Edwards of Gilmer Edwards of Lowndes Edwards of Stephens Elliott
Evans Fagan Franklin Fraser Freeman Gary Gillen Graham Grayson Green Greer Griffeth Griftin of Decatur Griffin of Wilkes Gullatt Hampton Hardin Harris Harrison of Camden Harrison of Jenkins Hatc'J:ler Hawes Hodges Holt Horne Howard of Chatt'h'chee Howard of Long Hubbard ot Habersham Hubbard of Wilkins~n Huddleston Hutcheson
TuEsDAY, JuNE 30, 1931.
273
Hyman
Meredith
Irvin
Mixon
James
Montgomery
Johnson of Montgomery Mooty
Johnson of Pike
Morris
Johnson of Seminole Moye
Johnston
MundY
JonesoiBurke
Musgrove
Jones of Lumpkin Myrick
Jones oi Paulding
Nelson of Cook
KennedY
Nelson of Laurens
Key
Oliver
Killebrew
Osteen
Kimbrough
Pace
Kimsey
Parham
King of Clay
Park
King of Newton
Patten
Lance
Paulk
Lanham
Peebles
Lanier
Phillips
Leathers
Pittard
Lester
Pope
Lewis of Gordon
Powell
Lewis of Hancock
Preston
Lindsay
PurdY
Logan
Purvis
Lord
Rabun
McElreath
Rivers
McGehee
Roberts
McKoy
Robertson
McLeod
Ross of Appling
McRae
Ross of Dodge
McWhorter
Rosser
Mallard
Sammon
Mardre
Scarbrough
Mattox
Seckinger
Maynard
Sharpe
Mercer
Shirley
Simmons Sims Sisk Skelton Spivey Stanton Stewart Still Stone Strickland of Douglas Strickland of Haralson Sutton Swain Tate Taylor Thomas Thomason Thompson Tippins Townsend Trapnell Trotter Turner Waldrop Walker of Ben Hill Walker of Brooks Walker of Morgan Walker of Screven Wall Weeks Westbrook Whittle Wilkes Williams Wilson Wood Yawn Mr. Speaker
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the reqmstte constitutional majority the following resolution of the Senate, to-wit:
274
JouRNAL oF THE HousE,
By Mr. Evans of the 19th District-
A RESOLUTION.
Be it resolved by the General Assembly of Georgia'11 to invite His Excellency, Governor Franklin D. Roosevelt of New York to address the Senate and the House of Representatives in joint session, at any date that he may designate, during the present session of the General Assembly.
The following message was received from the Senate through Mr. Boifeuillct, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the reqmstte constitutional. majority the following resolution of the Senate, to-wit:
By McWhorter of the 50th District-
A resolution to consider the advisability of accepting an invitation of the citizens of the City of Athens to visit said city on July 9th, 1931, for the purpose of inspecting State Institutions.
Mr. Hardin of Whitfield, 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, and referred to the committees:
By Mr. Nelson of LaurensHouse Bill No. 55. A bill to amend the Constitution
TuEsDAY, JuNE 30, 1931.
275
relative to the exemption of property from taxation, and for other purposes.
Referred to Committee on Amendments to the Constitution.
By Messrs. Graham, Nelson, and Brinson of Laurens-
House Bill No. 56. A bill to amend an Act incorporating the Town of Dudley, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Lanham, Crawford, and Davis of Floyd-
House Bill No. 57. A bill relating to the licensing of motor vehicle operators and chauffeurs, and for other purposes.
Referred to Committee on Railroads.
By Messrs. Davis, Lanham, and Crawford of Floyd-
House Bill No. 58. A bill to regulate writs of certiorari, and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Davis, Lanham, and Crawford of Floyd-
House Bill No. 59. A bill to amend an Act to change from the fee to the salary system in certain counties in Georgia, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Stanton of WareHouse Bill No. 60. A bill to amend an Act to provide
the conditions and regulations under which Motor Carriers for hire are permitted to operate over the highways of this State, and for other purposes.
Referred to Committee on Railroads.
276
JouRNAL OF THE HousE,
By Messrs. Duncan of Houston, Battle of Muscogee, Allen of Baldwin, Colson of Glynn, and Culpepper of Fayette-
House Bill No. 61. A bill to adopt and make of force the code of laws approved by the Code Commission, and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Mr. Harris of Terrell-
House Bill No. 62. A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Terrell, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Stewart of Coffee-
House Bill No. 63. An Act imposing a tax upon all corporations, firms and individuals receiving payment for electricity, and for other purposes.
Referred to Committee on Ways and Means.
By. Mr. Kimsey of Rabun-
House Bill No. 64. A bill to permit the chasing of foxes with dogs at any time, andfor other purposes.
Referred to Committee on Game and Fish.
By Mr. Howard of Chattahoochee-
House Bill No. 65. A bill to amend an Act to reorganize and reconstitute the State Highway Department of Georgia, and for other purposes.
Referred to Committee on Public Highways.
By Messrs. Scarbrough of Polk and Beaman of DeKalbHouse Bill No. 66. Georgia Accountancy Bill. Referred to Committee on General Judiciary No. 2.
TuEsDAY, JuNE 30, 1931.
277
By Messrs. Maynard of Sumter, King of Clay, Powell and McKoy of Coweta, Chalker of Pulaski and Arnold of Clark-
House Bill No. 67. A bill to amend the Banking Act of 1919, and for other purposes.
Referred to Committee on Banks and Banking.
By Messrs. Chalker of Pulaski and Culpepper of Fayette-
House Bill No. 68. An Act to fix the venue of all suits at law against the State Highway Department, and for other purposes.
Referred to Committee on Public Highways.
By Mr. Pace of Cobb-
House Bill No. 69. A bill relating to the sterilization of certain person, and for other purposes.
Referred to Committee on State of the Republic.
By Mr. Walker of Ben Hill--
House Bill No. 70. A bill to classify and regulate the sale of eggs in this state.
Referred to Committee on General Agriculture No. 1.
By Mr. Cannon of Rockdale-
House Bill No. 71. A bill to repeal an Act to establish the City Court of Conyers, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Strickland of HaralsonHouse Bill No. 72. A bill to repeal an Act permitting
278
JouRNAL OF THE HousE,
the operation of freight and passenger trains on the Sabbath day, and for other purposes.
Referred to Committee on Railroads.
By Mr. Morris of Atkinson-
House Bill No. 73. A bill to repeal an Act to create a Board of Commissioners of Roads and Revenues for the County of Atkinson, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. :Morris of Atkinson-
House Bill No. 74. A bill to change the time of Superior Court in the County of Atkinson, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Morris of Atkinson-
House Bill No. 75. A bill to create the office of Commissioner of Roads and Revenues in the County of Atkinson, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Brown of Greene---
House Bill No. 76. A bill making it the duty of all sheriffs, deputies, bailiffs, etc., to bring before the court for trial offenders against the Penal Laws.
Referred to Committee on General Judiciary No. 1.
By Messrs. Eckford and McRae of Fulton-
House Bill No. 77. A bill to amend Section 696 of the Code of 1910.
Referred to Committee on General Judiciary No. 1.
TuEsDAY, JuNE 30, 1931.
279
By Messrs. Eckford and McRae of Fulton-
House Bill No. 78. A bill to abolish the offices of Tax Receiver and Tax Collector of Fulton County and to create the office of County Tax Commissioner of Fulton County, and for other purposes.
Referred to Committee on Counties and County l\:latters.
By Messrs. Eckford and McRae of Fulton-
House Bill No. 79. A bill to repeal an Act of the General Assembly relative to creating a Board of Commissioners of Roads and Revenues of the County of Fulton.
Referred to Committee on Counties and County Matters.
By Messrs. Eckford and McRae of Fulton--
House Bill No. 80. A bill to create a Board of Commissioners of Roads and Revenues for the County of Fulton, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Gillen of Bibb, Wall of Putnam, and Allen of Baldwin-
House Bill No. 81. A bill to appropriate $27,000.00 to the Ga. Training School for Boys.
Referred to Committee on Appropriations.
By Mr. Allen of Baldwin-
House Bill No. 82. A bill to appropriate $486.98 to the Board of Managers of the Training School for Boys for material, labor, etc.
Referred to Committee on Appropriations.
280
JouRNAL OF THE HousE,
By Mr. Allen of Baldwin-
House Bill No. 83. A bill to make additional appropriation to the Prison Commission for the erection and construction of a sewer line.
Referred to Committee on Appropriations.
By Mr. Allen of Baldwin~
House Bill No. 84. A bill to appropriate to the Mayor and Alderman of the City of Milledgeville 57,265.47 for pavmg.
Referred to Committee on Appropriations.
By Messrs. Griffin and Simmons of Decatur-
House Bill No. 85. A bill to amend an Act relative to incorporating the Town of Attapulgus.
Referred to Committee on Corporations.
By Mr. Beaman of DeKalb-
House Bill No. 86. A bill to provide that mortgages and deeds to secure debt and bills of sale, executed within or without the State, may be attested in the same manner as is provided for deeds of bargain and sale, and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Messrs. Beaman and Leathers of DeKalb and Brown of Greene-
House Bill No. 87. A bill to repeal an Act relative to providing for the assurance, registration and transfer of land titles, and for other purposes.
Referred to Committee on General Judiciary No. 2.
TuEsDAY, JuNE 30, 1931.
281
By Mr. Beaman of DeKalbHouse Bill No. 88. A bill to alter and amend the laws
relating to practice and procedure in criminal cases in the courts of this state, and for other purposes.
Referred to Committee on General Judiciary No.2.
By Messrs. Maynard of Sumter and Allen of BaldwinHouse Bill No. 89. A bill proposing amendment to the
Constitution of Georgia.
Referred to Committee on Amendments to the Constitution.
By Mr. Beaman of DeKalbHouse Bill No. 90. A bill to regulate the practice of
Chiropody, and for other purposes.
Referred to Committee on Hygiene and Sanitation.
By Messrs. Simmons and Griffin of DecaturHouse Bill No. 91. A bill to allow the holder of any
equity or special lien on property of another to pay the taxes assessed against such property, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Messrs. Carlisle of Bibb, Nelson of Laurens, Gillen of Bibb, and Fagan of Peach-
House Bill No. 92. A bill relating to the licensing of motor vehicle operators and chauffeurs, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Mundy of ClaytonHouse Bill No. 93. A bill to allow certain attorneys to
read the Penal Code to the jury, and for other purposes.
Referred to Committee on General Judiciary No.2.
282
JouRNAL oF THE HousE,
By Mr. Harris of Terrell-
House Bill No. 94. A bill to amend the Travlor-Neill Act by adding the Dawson-Bronwood road, and for other purposes.
Referred to Committee on Public Highways.
By 1\Ir. Purdy of Spalding-
House Bill No. 95. A bill to amend the charter of the City of Griffin, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Meredith of Muscogee and Davis of 1\litchell-
House Bill No. 96. A bill to amend the Constitution so as to authorize the General Assembly to classify intangible property and forest lands devoted to timber growing for taxation, and for other purposes.
Referred to Committee on Amendments to the Constitution.
By Mr. Colson of Glynn-
House Bill No. 97. A bill to amend an Act approved August 15, 1921.
Referred to Committee on Military Affairs.
By Mr. Colson of GlynnHouse Bill No. 98. A bill to amend an Act approved
August 21, 1922.
Referred to Committee on General Judiciary No.2.
By Mr. Myrick of Chatham-
House Bill No. 99. A bill to amend an Act to regulate banking in the State of Georgia by providing that shares
TuEsDAY, JuNE 30, 1931.
283
of stock may be as much as ten dollars, and for other purposes.
Referred to Committee on Banks and Banking.
By Mr. Myrick of Chatham-
House Bill No. 100. A bill to appropriate 8360.59 for the relief of J. T. Jarman, and for other purposes.
Referred to Committee on Appropriations.
By Messrs. Thomas of Wayne and Mallard of Charlton-
House Bill No. 101. A bill to prohibit the use of seines and similar devices for the purpose of taking fish from the fresh water streams of this State, and for other purposes.
Referred to Committee on Game and Fish.
By Messrs. Thomas of Wayne and Mallard of CharltonHouse Bill ~o. 102. A bill to abolish the office of County
Game '-!Vardens, and for other purposes.
Referred to Committee on Game and Fish.
By Messrs. Thomas of Wayne and Mallard of Charlton-
House Bill No. 103. A bill to amend an Act for the protection of birds, fish, game, and fur-bearing animals, and for other purposes.
Referred to Committee on Game and Fish.
By Messrs. Musgrove of Clinch and Culpepper of Echols-
Hause Bill No. 104. A bill to prohibit fishing except with hook and line, bob, rod and reel, in Clinch and Echols Counties, and for other purposes.
Referred to Committee on Game and Fish.
284
JOURNAL OF THE HaesE,
By :Mr. Harrison of Jenkins-
House Bill No. 105. A bill to amend the Penal Code which relates to the abandonment of children by the father, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Cain of Crisp-
House Bill No. 106. A bill to amend an Act providing for a new charter for the City of Cordele, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Beasley ofTattnall-
House Bill No. 107. A bill to amend an Act creating City Charter of Cobbtown, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Beasley ofTattnall-
House Bill No. 108. A bill to amend an Act excluding road duties in certain counties, and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Arrington of Schley and Jones of Burke-
House Bill No. 109. A bill to amend an Act of 1920, providing for the prevention of deception in the sale of paints and oils, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Purvis of Jefferson-
House Bill No. 110. A bill to provide for reimbursement of counties fmm 4 cents gasoline tax.
Referred to Committee on ~ublic Highways.
TuESDAY, JuNE 30, 1931.
285
By Mr. Kennedy of Lamar-
House Bill No. 111. A bill to regulate the assignment or purchase of wages or salaries, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By 1\lessrs. Ross of Appling and Mallard of Charlton-
House Bill No. 112. A bill to amend the Constitution so as to provide that widows of Confederate veterans married prior to January 1, 1930, be permitted to draw penswns.
Referred to Committee on Amendments to the Constitution.
By Messrs. Davis and Mooty of Troup-
House Bill ~o. 113. A bill to reapportion the members of the House of Representatives according to the last census of the U. S., and for other purposes.
Referred to Committee on Legislative and Congressional Re.apportionment.
By Mr. Davis of Troup-
House Bill No. 114. A bill to amend the charter of the City of Hogansville, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Mattox and Sutton of CoJquitt-
House Bill No. 115. A bill to make husband and wife competent and compellable witnesses for or against each other in criminal proceedings.
Referred to Committee on General Judiciary No. 1.
286
JouRNAL OF THE HousE,
By Mr. Barrett of White-
House Resolution No. 16-115a. A resolution to furnish the Clerk of White County certain Supreme Court Reports, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Elliott of Henry-
House Resolution No. 17-115b. A resolution to amend the Constitution so as to allow any municipality which desires to raise money for such purposes, rnay issue mortgage bonds therefor beyond the general limit prescribed by law.
Referred to Committee on Amendments to the Constitution.
By Mr. Gullatt of Campbell-
House Resolution No. 18-115c. A resolution to relieve E. J. Johnson as surety on a bond.
Referred to Committee on General Judiciary No. 1.
By Mr. Westbrook of Dougherty-
House Bill 116. A bill to amend the Constitution to provide for the qualification of voters.
Referred to Committee on Amendments to the Constitution.
By Mr. Cain of Crisp-
House Bill No. 117. A bill to amend the Code of Schools of Georgia so as to provide the qualifications of County School Superintendents, and for other purposes.
Referred to Committee on Education.
The following resolution was read and adopted:
TuESDAY, JuNE 30, 1931.
287
By Messrs. Tucker of Berrien, Thomas of Wayne, and Nelson of Cook-
House Resolution No. 19.
A RESOLUTION
Wheret~s, by an Act of the General Assembly, approved August 30, 1929, for the "Expenses of the State Government" it is provided under provision ..C", Section 3, Item "G" of said Act, of the laws of Georgia of 1929, on page 48, the following paragraph, to-wit:
"(G) For compensation of Doorkeepers, Assistant Messengers, and other attaches of the House and Senate, not otherwise provided for, such sums as may be authorized by resolution of either branch of the General Assembly for the session 1931, to be immediately available",
Therefore IJe it resolvetl:
1. That the Chaplain of the House and the Postmistress of the House be paid the same per diem and same mileage as is paid to the members of the General Assembly.
2. That the Clerk of the House be paid the same mileage as is paid members of the General Assembly.
3. That the Speaker of the House of Representatives is authorized to appoint the following employees of the House at the compensation herein provided: A Secretary at 55.00 per diem; an Assistant Postmistress at 54.00 per diem; three Assistant Messengers at $4.00 per diem; eight Assistant Doorkeepers at 84.00 per diem; five gallery keePers at S4.00 per diem; a personal page for the Speaker at $2.00 per diem; twelve pages at $2.00 per diem.
4. That the Clerk is authorized to appoint the following employees of the House, at the compensation herein provided: one head porter at $4.00 per diem; seven porters at 53.00 per diem; one toilet attendant at $3.00 per diem; two copy readers at S5.00 per diem, to assist and relieve the
288
Jou&NAL or THE HousE,
Enrolling and Engrossing Committees of the House in reading and correcting all mistakes in all bills and resolutions of the House, in order to hasten and facilitate the business between the House and Senate and between the House and the Governor; provided they shall work under the direction of the Clerk of the House and the Chairmen of the Committees on Enrollment and Engrossing.
The following resolution of the House was read:
By Messrs. Mardre and Cochran of Thomas and Gillen of Bibb-
House Resolution No. 20. A resolution extending best wishes of the House for victory in a sports enterprise to W. L. Stribling, and for other purposes.
Mr. Rosser of Walker moved the previous question.
Mr. Duncan of Houston moved to table the resolution, and the motion prevailed.
The resolution was tabled.
Mr. Nelson of Cook asked unanimous consent, that the rules of the House of 1929 and 1930 be the rules of the House until tomorrow, Tuesday, July I, 1931, and the request was granted.
The following resolution of the House was read and adopted:
By Messrs. Hodges of Sumter and Kimbrough of Harris-
House Resolution No. 21. A resolution expressing sympathy of the House to Hon. R. L. Maynard of Sumter County in his illness, expressing the hope for his spt:edy recovery, and for other purposes.
The following resolutions of the Senate were read:
TuESDAY, JuNE 30, 1931.
289
By Messrs. Neill of the 24th District, Weekes of the 34th District, and West of the 11th District-
Senate Resolution No. 7. A resolution commending the organization of the American Legislator's Association and of the Interstate Reference Bureau as legitimate and constructive efforts to assist legislatures of the various States in the efficient performance of their work, and for other purposes.
Mr. Strickland of Douglas moved to table the resolution.
Mr. Stewart of Coffee moved to refer the resolution to the Committee on State of the Republic.
Mr. Rosser of Walker moved the previous question.
The motion prevailed, and the main question was ordered.
The motion to table was lost.
The motion to commit prevailed, and the speaker referred the resolution to the Committee on State of the Republic.
By Messrs. Neill of the 24th District and Weekes of the 34th District-
Senate Resolution No. 8. A resolution inviting the Brotherhood of Locomotive Firemen and Enginemen to hold its next annual convention in Atlanta, and for other purposes.
Referred to Committee on Labor and Labor Statistics.
By Mr. McWhorter of the 50th District-
Senate Resolution No. 26. A resolution inv1tmg the General Assembly to inspect the State Institutions at Athens, Georgia, providing for the appointment of a committee to investigate the advisability of accep.ting said invitation, and for other purposes.
Mr. Beasley of Tattnall moved to table the resolution.
290
JouRNAL OF THE HousE,
Mr. Rosser of Walker moved that the resolution be referred to the Committee on University of Georgia and its Branches.
The motion to table the resolution prevailed.
"Mr. Thomas of Wayne moved that the House reconsider its action in tabling the resolution and the motion was lost.
By l\1r. Evans of the 19th District-
Senate Resolution No. 27. A resolution inviting Governor Franklin D. Roosevelt of the State of New York to address a joint session of the Georgia General Assembly at such time as he may appoint, and for other purposes.
Referred to Committee on Rules.
The following report of the "Code Commission" was submitted, read, and referred to the Committee on General Judiciary No.2:
June 19th, 1931.
To THE GENERAL AssEMBLY OF GEoRGIA:
Pursuant to a resolution "Providing for the designation of a commission to have prepared for adoption a new revised Code of the Laws of this State," approved August 27th, 1929, the Supreme Court and Court of Appeals selected respectively a member of the Commission, and the members so selected, together with members of the Commission designated by the General Assembly, met and was duly organized. We have diligently pursued the object of
TuESDAY, JuNE 30, 1931.
291
the resolution, and, after painstaking care, have entered into a contract with The Harrison Company, as publishers subject to the approval of the General Assembly, as provided in the aforesaid resolution.
The con tract is hereto attached, and the terms thereof are self-explanatory. The Commission holds itself in readiness to supply to the General Assembly, or any committees thereof, any and all further information in our possession that may be desired. We recommend the adoption of an act approving the contract, and also adopting the code as the law of the State.
To the Honorable President of the Senate Atlanta, Ga.
Copy to the Speaker of the House of Representatives.
Respectfully submitted,
s. PRICE GILBERT,
Chairman.
NASH R. BROYLES,
vv. CEciL NEILL,
RICHARD B. RussELL, }R.,
GEo. W. STEVENs.
GEORGIA, FULTON COUNTY.
This Contract and Agreement, made and entered into this 27th day of May, 1931 by and between The State of Georgia, acting herein by and through The Code Commission, hereinafter called The State, of the one part; and The Harrison Company, a corporation organized and existing under the laws of Georgia, with its principal office and place of business in the City of Atlanta, Fulton County, Georgia, hereinafter called The Publisher, of the other part, Witnesseth That:
Whereas, under a joint resolution approved August 27, 1929 (Ga. Laws 1929, p. 1487} The Code Commission was created, with authority to examine such manuscript or manuscripts as might be prepared and submitted by any reputable and competent party containing a compilation of all laws of Georgia of general application, and if a satis-
292
Jot:RNAL OF THE Hot:sE,
factory manuscript should be submitted to negotiate with the compiler thereof for the publication of a sufficient number of copies of the said revised code for distribution to State and County officers; and
fPhereas, The Publisher has submitted the manuscript of a revised code in the form agreed upon with Tlze. Commission, which said manuscript has been approved by The Commission.
]Vow, Therefore, in pursuance of the authority contained in the joint resolution aforesaid, which said resolution is hereby made a part of this agreement, it is contracted and agreed by and between The State and Tlze Publisher as follows:
1. COl\JPLETION OF MAXUSCRIPT.
The Publislzer will complete the manuscript of the said revised code in the form and style agreed upon with The Commission, said manuscript to contain as near as may be all laws of Georgia of general application, including all such laws as were enacted at the Extraordinary Session of the General Assembly held in 1931 and such additional laws as may be enacted by the General Assembly at the Regular Session in 1931, with such changes in the manuscript as may be necessary on account of laws so passed; together with the Constitutions of Georgia and of the United States as amended; and a complete and comprehensive index to the entire work; and a table showing where the sections of the Code of 1910 may be found in the revised code. This Code shall be designated as the Code of Georgia of 1932.
2. PUBLICATION OF THE CODE.
When the said revised Code shall have been adopted by the General Assembly as the official code of the State, The Publisher will promptly have the same printed and bound in one volume. The size and style of type, type page, and size of page to be in accordance with sample submitted to
TuESDAY, JuNE 30, 1931.
293
and approved by The Commission. The said code will be printed on cream colored paper, size 27%x42, 42 lbs., basis 35 lbs., of the texture, finish, and quality as the sample submitted to and approved by The Commission, the paper to be the same as or similar to that used in the 1930 Code of Mississippi. The books are to be substantially bound in Dupont fabrikoid, dark blue color, the fabrikoid to be in accordance with sample submitted to and approved by the Chairman of the Commission. The books are to be sewed on silk head bands and stamped on backbone in genuine gold leaf. Tlze Publislzer will also if desired, blind stamp on the side the seal of the State and the words "Property of the State. To be delivered to your successor in office" or the equivalent if other words are preferred by Tlze Commission.
3. COPY-RIGHT.
The Publisher will have the revised code copy-righted in the name of the State, it being agreed that The Publisher shall have the right to use any or all of the material in the preparation and publication of other editions of the code or other publications, and that The State will not permit the use of any of the copy-righted material appearing in the said .code except the text of the laws themselves by any other publisher, compiler, or other person, firm, association, or corporation.
4. SALE TO THE STATE.
The Publisher will sell and deliver to The State three thousand five hundred (3,500) copies of the said revised code at $9.75 per copy, delivered at the State Library in the Capitol, Atlanta; and will furnish such additional copies as may be required by The State at the same price per copy, provided the order for said additional copies is placed before the printing of the code is begun. It is understood and agreed that the books purchased by The State hereunder will not be resold but will be distributed as provided in the resolution.
294
JouRNAL OF THE HousE,
5. PAYMENT FOR THE BOOKS.
The State will pay for the number of copies of the code purchased by f't upon the delivery of the books to the State Librarian.
6. SALE TO PRIVATE PARTIES.
The Publisher agrees to sell the revised code at retail to purchasers within the State at not exceeding $15.00 per copy delivered.
7. APPROVAL BY THE GENERAL ASSEMBLY.
This contract shall not become binding on The State until the same shall have been approved by Act or Resolution by the General Assembly.
In Witness Whereof, The State, by The Code Commission and The Harrison Company, by its duly authorized officers have caused these presents to be duly signed and sealed lin duplicate the day and year first above written.
THE STATE OF GEORGIA,
By
s. PRICE-GILBERT,
Chairman, NASH R. BROYLES,
w. CECIL NEILL,
RICHARD B. RussELL, JR.,
w. GEO.
STEVENS,
Secretary,
THE CODE COMMISSION.
THE HARRISON COMPANY,
By
GEo. W. HARRisoN, JR., Vice Pres. and Treas.
J. T. DooNAN, Secretary.
TuESDAY, JuNE 30, 1931.
295
Privileges of the floor were granted to Hon. Robert McMillan, Solicitor-General of the Northeastern Judicial Circuit and Hon. F. E. Gables, Ordinary of Habersham County.
Mr. Rosser of \Valker moved that the House do now adjourn, and the motion prevailed.
Leave of absence was granted to Messrs. Hyman of Washington and Huddleston of Meriwether.
The Speaker announced the House adjourned until tomorrow morning, at 10:00 o'clock.
296
JouRKAL oF THE HaesE,
REPRESENTATIVE HALL, ATLANTA, GA.,
WEDNESDAY, JULY 1, 1931.
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 Allen Almand Andrews Arnold Arrington Ashley Atwood Awtrey Bargeron Barrett Battle Beaman Bean Beasley Bennett of Bacon Bennett of Jeff Davis Bland Brannen Brown Brunson Bunn Burton Bush Cain Cannon Carlisle of Bibb Carlisle of Grady Cartledge Chalker
Chambers Childs Clark Clements of Marion Clements of Teltair Cochran Collier Colson Courson Cowart Cozart Crawford Crowe Cullens Culpepper of Echols Culpepper of Fayette Davis of Floyd Davis of Jackson Davis of Mitchell Davis of Troup Dixon Donaldson Dorsett Duncan Dykes Eckford Edmondson Edwards of Gilmer Edwards of Lowndes Edwards of Stephens Elliott
Evans Fagan Franklin Fraser Freeman Gary Gilten Graham Grayson Green Greer Griffeth Griffin of Decatur Griffin of Wilkes Gullatt Hampton Hardin Harris Harrison of Camden Harrison of Jenkins Hatcher Hawes Hodges Holt Home Howard of Chatt'h'chee Howard of Long Hubbard of Habersham Hubbard of Wilkinson Huddleston Hutcheson
WEDNESDAY, JuLY 1, 1931.
297
Hyman
Mixon
Irvin
Montgomery
James
Mooty
Johnson of MontgomerY Morris
Johnson of Pike
Moye
Johnson of Seminole MundY
Johnston
Musgrove
Jones oi Burke
Myrick
Jones of Lumpkin
Nelson of Cook
Jones of Paulding
Nelson of Laurens
Kennedy Key
Oliver Osteen
Killebrew
Pace
Kimbrough
Parham
Kimsey
Park
King of Clay
Patten
King of Newton
Paulk
Lance
Peebles
Lanham
Phillips
Lanier
Pittard
Leathers
Pope
Lester
Powell
Lewis of Gordon
Preston
Lewis of Hancock
Purdy
Lindsay
Purvis
Logan
Rabun
Lord
Rivers
McElreath
Roberts
McGehee
Robertson
McKoy
Ross of Appling
McLeod
Ross of Dodge
McRae
Rosser
McWhorter
Sammon
Mallard
Scarbrough
Mardre
Seckinger
Mattox
Sharpe
Mercer
Shirley
Meredith
Simmons
Sims Sisk Skelton Spivey Stanton Stewart Still Stone Strickland of Douglas Strickland of Haralson Sutton Swain Tate Taylor Thomas Thomason Thompson Tippins Townsend Trapnell Trotter Turner Waldrop Walker of Ben Hill Walker of Brooks Walker of Morgan Walker of Screven Wall Weel{s Westbrook Whittle Wilkes Williams Wilson Wood Yawn Mr. Speaker
Mr. Hardin of Whitfield, 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.
298
JouRNAL OF THE HousE,
The Journal was confirmed.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the reqms1te constitutional majority the following resolutions of the Senate, to-wit:
By Mr. Duckworth of the 7th District and others-
Senate Resolution No. 29. A resolution commending Mrs. J. H. Brooks of Forsyth, Monroe County, Georgia, for her educational work, and for other purposes.
By Messrs. Neill of the 24th District, Harris of the 18th District, Weekes of the 34th District, McWhorter of the 50th District, and West of the 11th District-
Senate Resolution No. 28. A resolution inviting United States Senator Walter F. George to address the General Assembly of Georgia at his earliest convenience.
By unanimous consent, the following bills and resolutions of the House were introduced, read the first time, and referred to the committees:
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 118. A bill to amend an Act limiting the hours of labor in woolen and cotton manufacturing establishments, and for other purposes.
Referred to Committee on Labor and Labor Statistics.
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 119. A bill to amend the Georgia Workmen's Compensation Act.
Referred to Committee on General Judicia~y No. 1.
WEDNESDAY, JuLY 1, 1931.
299
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 120. A bill to prohibit the night labor of females and minors, and for other purposes.
Referred to Committee on Labor and Labor Statistics.
By Mr. Westbrook of Dougherty-
House Bill No. 121. A bill to appropriate $5,000.00 to reimburse the County of Dougherty.
Referred to Committee on Appropriations.
By Mr. Myrick of Chatham-
House Bill No. 122. A bill to amend the Constitution by providing for the assumption by the State of the indebtedness of certain counties, and for other purposes.
Referred to Committee on Amendments to the Constitution.
By Mr. James of Jones-
House Bill No. 123. A bill to amend an Act creating the City Court of Gray, Ga.
Referred to Committee on Counties and County Matters.
By Mr. James of Jones-
House Bill No. 124. A bill providing that the Alternative Road Law shall not apply to certain counties.
Referred to Committee on Special Judiciary.
By Mr. Brown of Greene-
House Bill No. 125. A bill to amend the charter of the City of White Plains, and for other purposes.
Referred to Committee on Municipal Government.
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JouRNAL OF THE HaesE,
By Mr. Mattox of Colquitt-
House Bill No. 126. A bill to redistrict the State of Georgia into ten Congressional Districts, and for other purposes.
Referred to Committee on Legislative and Congressional Reapportionment.
By Messrs. Sutton and Mattox of Colquitt and Tucker of Berrien-
House Bill No. 127. A bill to require rotation of Superior Court Judges in this State, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Messrs. Tucker of Berrien and Mixon of Irwin-
House Bill No. 128. A bill to amend the General Tax Act, and for othe~," purposes.
Referred to Committee on Ways and Means.
By Mr. Mixon of Irwin-
House Bill No. 129. A bill providing for the rendition of verdicts by juries.
Referred to Committee on General Judiciary No. 2.
By Messrs. Irvin and Huddleston of Meriwether-
Hause Bill No. 130. A bill to provide for the compensation of registrars in certain counties, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Musgrove of Clinch-
House Bill No. 131. A bill to repeal Board of Commissioners of Roads and Revenues for the County of Clinch.
Referred to Committee on Counties and County Matters.
\VEDNESDAY, JULY 1, 1931.
301
By Mr. Musgrove of Clinch-
House Bill No. 132. A bill to create a Board of Commissioners of Roads and Revenues for the County of Clinch.
Referred to Committee on Counties and County Matters.
By Mr. Musgrove of Clinch-
House Bill No. 133. A bill repealing Clinch County Primary Laws as passed by 1929 Legislature.
Referred to Committee on Counties and County Matters.
By l\<Ir. Musgrove of Clinch-
House Bill ~o. 13:l. A bill to abolish office of Tax Collector and Tax Receiver for the County of Clinch, and for other purposes.
Referred to Committee on Counties and County 1\Iatters.
By Mr. Horne of Lee-
House Bill No. 135. A bill to abolish the City Court of Leesburg.
Referred tc Committee on Counties and County Matters.
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 136. A bill requiring the Georgia Public Service Commission to furnish certain information to the ComptrolJer-General, and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Mr. Stewart of Coffee-
House Bill No. 137. A bill regulating Commission Merchants, and for other purposes.
Referred to Committee on General Agriculture No. 2.
302
JouRNAL OF THE HousE,
By :Mr. Edwards of Gilmer-
House Bill No. 138. A bill to repeal an Act creating the office of Commissioner of Roads and Revenues of Gilmer County, and for other purposes.
Referred to Committee on Counties and County Matters.
By l\Ir. Lewis of Hancock and others-
House Bill No. 139. A bill regulating the manufacture, storage and sale of Oleomargarine, and for other purposes.
Referred to Committee on General Agriculture ~o. 1.
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill ~ro. 140. A bill to create a Commerce and Utility Commission and simultaneously to abolish the Georgia Public Service Commission, and for other purposes.
Referred to Committee on State of the Republic.
By l\lessrs. Eckford and McRae of Fulton-
House Bill No. 141. A bill changing the fiscal year of Fulton County.
Referred to Committee on Special Judiciary.
By ::viessrs. Eckford and McRae of Fulton-
House Bill No. 142. A bill to change from the fee to the salary system in certain counties of Georgia.
Referred to Committee on Special Judiciary.
By ~Iessrs. Eckford, l\IcRae, and Still of Fulton-
House Bill No. 143. A bill to put 10,000 names in the jury box of Fulton County.
Referred to Committee on Counties and County Matters.
WEDNESDAY, JuLY 1, 1931.
~03
By Messrs. Cullens of Treutlen, Harrison of Jenkins, and Lewis of Hancock-
House Bill No. 144. A bill to allow fishing with hook and line devices, and for other purposes.
Referred to Committee on Game and. Fish.
By Mr. Hubbard of Habersham and others-
House Bill No. 145. A bill to establish a Junior College to be located at Clarkesville, and for other purposes.
Referred to Committee on University of Georgia and its Branches.
By Messrs. Carlisle, Park, and Gillen of Bibb-
House Resolution No. 22-145a. A resolution that the State Librarian furnish certain volumes to the Bibb County Law Library, and for other purposes.
Referred to Committee on Public Library.
By Messrs. Hutcheson and Rosser of \Valker and others-
. House Bill No. 146. A bill to amend an Act for the protection of birds, fish, game, etc., and for other purposes.
Referred to Committee on Game and Fish.
By Mr. Culpepper of FayetteHouse Bill No. 147. A bill to make appropriations for
the Maintenance of State Departments, Boards, etc.
Referred to Committee on Appropriations.
Mr. Nelson of Cook, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following resolutions of the House and Senate and
304
JouRNAL OF THE HousE,
has instructed me, as vice-chairman, to report the same back to the House with the recommendation that:
By :\Iessrs. Tucker of Berrien and Nelson of Cook-
House Resolution No. 5. A resolution relative to the adoption of Rules of the House. Do pass.
By :!\Ir. Evans of the 19th District-
Senate Resolution No. 27. A resolution relative to an invitation to Governor Franklin D. Roosevelt of New York, to address the General Assembly at the present regular sess10n. Do pass as amended.
Respectfully submitted,
NELSON of Laurens,
Vice-Chairman.
The following resolutions of the House and Senate were read:
By .Messrs. Tucker of Berrien and Nelson of Cook-
House Resolution No. 5. A resolution that the House adopt the Rules of the House of 1928-1929 as the Rules of the House of 1931-1932.
The resolution was adopted and the Rules of the House of 1928-1929 were adopted as the Rules of the House of 1931-1932.
By Mr. Evans of the 19th District-
Senate Resolution No. 27. A resolution extending an invitation of the General Assembly of Georgia to Governor Franklin D. Roosevelt, of New York, to address the General Assembly of Georgia during the present regular session, and for other purposes.
WEDNESDAY, jULY 1, 1931.
305
The following amendment was read and adopted:
By the Committee-
Amend Senate Resolution No. 27 by adding after the word "of" and before the words "the South," wherever they appear in the resolution, the word, "Georgia," and after the word "of" and before the words, "the North," the word, "Kew York," wherever they appear in the resolution.
:\Jr. \Yestbrook of Dougherty moved the previous question on the adoption of the resolution, as amended; the motion prevailed and the main question was ordered.
.Mr. Rosser of Walker 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:
Those voting in the affirmative were Messrs.:
Adams
Carlisle of Bibb
Alexander
Carlisle of Grady
Almand
Cartledge
Andrews
Chalker
Arnold
Chambers
Arrington
Childs
Atwood
Clements of Marion
Awtrey
Clements of Telfair
Bargeron
Cochran
Barrett
Collier
Battle
Colson
Beaman
Courson
Bean
Cowart
Beasley
Cozart
Bennett of Bacon Crawford
Bennett of Jeff Davis Crowe
Bland
Cullens
Brown
Culpepper of Echols
Brunson
CUlpepper of Fayette
Bunn
Davis of Jackson
Burton
Davis of Mitchell
Bush
Davis of Troup
Cain
Dixon
Cannon
Donaldson
Dorsett Duncan Dykes
Eckford Edmondson Edwards of Gilmer Elliott Fagan Franklin Fraser Freeman Gary
Gillen Graham Grayson Green Greer Griffeth Griffin of Decatur Griffin of Wilkes
Gullatt Hampton
Hardin Harris
30()
JouRNAL OF THE HousE,
Harrison of Camden McLeod
Harrison of Jenkins McRae
Hatcher
McWhorter
Hawes
Mallard
Hodges
Mardre
Holt
Mattox
Horne
Mercer
Howard of Chatt'h'chee Meredith
Howard of Long
Mixon
Hubbard of Habersham Moot!
Hubbard of Wilkinson Morris
Hutcheson
Moye
lliman
Mundy
Irvin
Musgrove
James
Myrick
Johnson of Montgomery Nelson of Cook
Johnson of Pike
Nelson of Laurens
Johnson of Seminole Oliver
Johnston
Osteen
Jones of Burke
Pace
Jones of Paulding
Parham
Key
Park
Killebrew
Patten
Kimbrough
Paulk
Kimsey
Peebles
King of Clay
Phillips
King of Newton
Pittard
Lance
Pope
Lanham
Powell
Lanier
Preston
Lester
Purdy
Lewis of Gordon
Purvis
Lewis of Hancock
Rabun
Lindsay
Rivers
Logan
Roberts
Lord
Robertson
McElreath
Ross of Appling
McKoy
Ross of Dodge Rosser Sammon Scarbrough Sharpe Shirley Sims Sisk Skelton Spivey Stanton Stewart Still Stone Strickland of Douglas Strickland of Haralson Sutton Tate Taylor Thomas Thomason Thompson Townsend Trapnell Trotter Turner Waldrop Walker of Ben Hill Walker of Brooks Walker of Morgan Walker of Screven Wall Weeks Westbrook Whittle Wilson Yawn
Those voting in the negative were Messrs.:
Evans
McGehee
Those not voting were Messrs.:
Allen Ashley
Brannen Clark
Davis of Floyd Edwards of Lownd~s
WEDNESDAY, JuLY 1, 1931.
307
Edwards of Stephens Maynard
Tippins
Ruddleston
Montgomery
Wilkes
Jones of Lumpkin Seckinger
Williams
Kennedy
Simmons
Wood
Leathers
Swain
Mr. Speaker
I
By unanimous consent, the verification of the roll call
was dispensed with.
On the adoption of the resolution, as amended, the ayes were 183, nays 2.
The resolution was adopted, as amended.
Mr. Lindsay of DeKalb moved that House Resolution No. 20 be taken from the table, and the motion prevailed.
The resolution was taken from the table.
The following resolution of the House was again read:
By Messrs. Mardre and Cochran of Thomas and Gillen of Bibb-
House Resolution No. 20. A resolution extending best wishes for victory in his next boxing engagement to W. L. Stribling, of Bibb County, and for other purposes.
l\1r. Mooty of Troup moved that further consideration of the resolution be indefinitely postponed.
Mr. Gullatt of Campbell moved the previous question; the motion prevailed, and the main question was ordered.
The motion to indefinitely postpone was lost.
On the adoption of the resolution, Mr. Colson of Glynn moved the ayes and nays, and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Almand Andrews
Arnold Arrington Awtrey
Bargeron Barrett Beaman
308
JouRNAL oF THE HocsE,
Bean Bennett of Bacon Bland Brunson Bunn Burton Bush Carlisle of Bibb Carlisle of Grady Chalker Clements of Marion Co:::hran Collier Courson Cowart Cozart Crowe Cullens Davis of Jackson Davis of Mitchell Di,xon Donaldson Dorsett Dykes Eckford Edmondson Edwards of Gilmer Elliott Fagan Franklin Freeman Gillen Griffeth Griffin of Decatur Griffin of Wilkes Gullatt Hampton
Harris
Oliver
Harrison of Camden Osteen
Harrison of Jenkins Park
Hatcher
Patten
Hawes
Paulk
Holt
Peebles
Howard of Long
Phillips
Hubbard of HabershamPittard
Hubbard of Wilkinson Pope
Hutcheson
Powell
Irvin
Preston
James
Purvis
Johnson of MontgomeryRivers
Johnson of Pike
Ross of Dodge
Johnson of Seminole Rosser
Jolmston
Sammon
Key
Scarbrough
Killebrew
Shirley
Kimbrough
Simmons
Lance
Skelton
Lanier
Spivey
Lewis of Hancock
Stewart
Lindsay
Still
Lord
Stone
McKoy
Sutton
McLeod
Tate
McRae
Thomas
McWhorter
Thomason
Mardre
Thompson
Mattox
Townsend
Mercer
Trapnell
Meredith
Trotter
Mixon
Turner
Montgomery
Wall
Morris
Westbrook
Mundy
Wood
Nelson of Cook
Yawn
Those voting in the negative were Messrs.:
Alexander Atwood Battle Bennett of Jeff Davis Brown Cain
Cannon Cartledge Chambers Childs Clements of Telfair Colson
Culpepper of Ech Culpepper of Fay Davis of Troup Duncan Evans Fraser
WEDNESDAY, JuLY 1, 1931.
:309
Gary
Lewis of Gordon
Graham
Logan
Green
McElreath
Greer
McGehee
Hardin
Mallard
Hodges
Mooty
Horn2
Moye
Howard of Chatt'h'cheeMyrick
Hyman
Nelson of Laurens
Jones of Burke
Pace
Jones of Paulding Parham
Kimsey
Purdy
King of Clay
Rabun
King of Newton
Roberts
Lester
Robertson
Ross of Appling Sharpe Sims Sisk Strickland of Douglas Strickland of Haralson Taylor Waldrop Walker of Ben Hill Wnlker of Brooks Walker of Morgan Walker of Screven Weeks Whittle Wilson
Those not voting were Messrs.:
Allen Ashley Beasley Brannen Clark Crawford Davis of Floyd Edwards of Lowndes
Edwards of Stephens Grayson Huddleston Jones of Lumpkin Kennedy Lanham Leathers Maynard
Musgrove Seckinger Stanton Swain Tippins Wilkes Williams Mr. Speaker
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 120, nays 63.
The resolution was adopted.
Mr. Howard of Chattahoochee moved that when the House adjourn Friday, it stand adjourned until Monday morning at 11:00 o'clock, and the motion prevailed.
The following Message and Communication were received from His Excellency, Governor Richard B. Russell, Jr., through Mr. Anderson, his Secretary, and read:
310
JouRNAL OF THE HousE,
To THE MEMBERs oF THE GI:.NERAL AssEMBLY:
At the Extraordinary Session of the General Ass.!mbly, held this spring, an Act was passed providing for the creation of a Budget Bureau, (Georgia Laws, Extraordinary Session, 1931, page 94), which Act repealed the Acts of 1918 creating an Examining Commission and the Act of 1922, creating a State Investigating and Budget Commission. Under the provisions of the exisiting law, the Governor is charged with the duty of collating all necessary information for the appropriations of the Budget, and is required to submit to the General Assembly, within seven days after it convenes, printed copies of the Budget for the next two ensuing fiscal years and also printed copies of a Budget Message, calling attention to any important facts of the Budget and also "printed copies of a tentative bill for all appropriations under the Budget, collated and properly classified for the fiscal year."
Inasmuch as I was not inducted into office until the fourth day after the convening of the General Assembly and had had no opportunity to officially prepare the Budget and had no authority in the premises, save in a purely advisory capacity, I had thought that this work would have been done by my predecessor. However, I find that he construed the law as having placed upon me the duty of reviewing the estimates from the various Departments, Institutions and Boards of the State, and preparing the Budget. I hand you, herewith, a communication from my predecessor on this subject which was submitted me by the State Auditor.
It is manifestly impossible to have the Budget printed and submitted to each House of the General Assembly, with the explanations required and with copiesoftheprinted bills, within the two day period I have had,. The Budget requests have been sent to the printer, as directed by the provisions of the Act, and will be submitted to both Bodies of the Assembly as early as possible.
WEDNESDAY, JuLY 1, 1931.
311
It has also been manifestly impossible for me to have prepared and printed a bill providing for the expenditure of all of the State's income within the time allowed. The State Auditor had prepared a General Appropriation Bill, in accordance with the terms of the Act, and, with his valuable assistance, a General Appropriation Bill for the fiscal years 1932 and 1933 has been prepared and is submitted to the Speaker of the House of Representatives, herewith, as is required by law. While the Auditor and myself have devoted our best effort to this bill, in view of the limited time allowed for the preparation of this finance sheet, only one virtue can be claimed with certainty for it. It appropriates some funds to every existing Department now allowed funds by law, and the total amount appropriated does not exceed the assured revenue of the State for 1932-1933.
The estimated income of the General Fund of the State Treasury subject to appropriation for each of the years 1932 and 1933 is $10,728,000. Sections 12, 18, 23 and 44 of the Budget Bill submitted will transfer an estimated amount of $270,000.00 for each of the years 1932 and 1933 from the Special Allocated funds of the Treasury to the General Fund to replace amounts appropriated in the Budget Bill, making a total estimated amount available to pay appropriations for each of the years 1932 and 1933, $10,998,000.00.
The total amount appropriated in the proposed Budget Bill for the year 1932 is $10,996,909.14 and for the year 1933 is $10,997,409.14.
The amounts allowed the various Departments and Institutions in most cases are materially less than was requested. This was natural when we consider that the Budget requests totalled almost three million ($3,000,000) dollars more than the assured revenue of the State. The bill which is submitted herewith will provide some support for all of our Institutions, and in most cases represents as much money as has been actually received by all of
312
JouRNAL OF THE Hm.:sE,
them in payments on the excessive appropriations made in the past.
You will observe from the terms of the Appropriation Bill that a lump sum appropriation is made for the support of every Department, where possible, under e:X'sting laws, and that the practice of permitting Departments to be supported from the collection of special taxes and fees has been largely abandoned. By way of illustration, under the provisions of Section 2 of the Bill, three hundred sixtyfive thousand ($365,000) dollars yearly is appropriated for the maintenance of all of the activities of the Department of Agriculture. Heretofore, certain branches of this Department, such as the Bureau of Markets, have been supported by special taxes on fertilizer, etc. Under the provisions of this Bill, these funds will go into the State Treasury. The amount allowed this Department represents a reduction of approximately sixty thousand ($60,000) dollars over the total expenditures of this Department for the year 1930. Under Section 12, a lump sum appropriation of one hundred twenty thousand ($120,000) dollars per annum is made for the maintenance a~d support of the Office of the Comptroller-General, and all special taxes and fees, which have been devoted to supporting various activities of this Department, will go into the General Treasury. The lump sum appropriated is considerably less than the total cost of this Department in 1930. Under Section 44, a lump sum appropriation of one hundred seventy-five thousand (5175,000) dollars per annum is made to the Secretary of State to defray all of the expenses incurred in the various works of this Department and the five percentum of the sums collected in motor vehicle license fees, which has heretofore been allowed this office for expenditure, goes to the State Treasury. This amounts to a reduction in the total expenses of this Department over 1930. A similar practice is followed in Section 46, the appropriation to support the Office of Tax Commissioner. Eighty-five thousand five hundred
WEDNESDAY, JULY 1, 1931.
:313
($85,500) dollars per year is allowed for the total cost of this office and the Tax Commissioner is no longer permitted to expend any portions of the sums collected by his office for maintenance, as has been heretofore permitted. It is estimated by the State Auditor that the reductions in appropriations to the various Departments, while slightly varying in amounts, is approximately fifteen percent when compared with appropriations for 1930.
Under the provisions of Section 15, the total appropriation to the Common Schools is four million four hundred twenty-one thousand ($4,421,000) dollars as against five million (S5,000,000) dollars for the years 1930-1931. No one regrets more deeply than I the necessity for reducing the appropriations for the Common Schools of this State and I would be glad if the General Assembly will find a way to obviate the necessity for any reduction in the appropriation for this purpose. However, of the amount appropriated, every cent can be paid, and the total represents a sum equal to that actually paid the Common Schools during the years when their appropriation was larger. Instead of amounting to a reduction in appropriation it really means that we are making a promise to the Schools that can be fulfilled and carried out and that we are not extending them the vain hope of a larger mainten~nce than can actually be paid out of existing revenue. This will not decrease the Equalization Fund for the rural schools of the State, as the Equalization Fund of approximately two and a half million dollars does not suffer any cut, and this sum is in addition to this general appropriation above referred to.
Under the increased revenue provided by the cigarette and cigar tax, passed at the Extraordinary Session of 1931, the State should be able to meet its promises to the Confederate pensioners promptly, and in full, provided no legislation is enacted which will increase materially the number of the pension roll.
31-1
JoGRNAL oF THE HoGsE,
Under Division D, it will be observed that it has been necessary to make some rather drastic reductions in the appropriations to the various branches of the University system. This is most unfortunate and, if ways and means can be found to provide sufficient revenue to obviate the necessity for these reductions, I will gladly approve them. It is very difficult to reach a fair basis for the reduction in the appropriation for the various Branches of the University system. With the limited information before us, and recognizing the absolute necessity" of bringing appropriations within revenue, the appropriations to the Institutions of Higher Learning were reduced a flat fifteen percent, as compared with the amounts appropriated for the years 1930 and 1931. The appropriations for the seven District A. & M. Schools, which have not been converted into Junior Colleges, were reduced to the amount fixed by law and which was allowed them prior to 1928, to-wit: fifteen thousand ($15,000) dollars for each of these Institutions. In view of the great variation in the number of pupils attending these various schools, this will, undoubtedly, work a hardship in numerous cases and I suggest to your consideration the advisability of working out a fairer method of appropriation to them.
I would again impress upon you the fact that this bill was hurriedly prepared and while it represents the best information and opinion at my command, it may work a hardship in certain instances by reason of making too great a reduction in some appropriations and not enough in others.
It is strictly within the province of the General Assembly to change the amount allowed in any item of this bill, keeping in mind at all times that we cannot in safety appropriate more than the total amount carried in this bill without adding to the already staggering deficit which now plagues us.
Immediately upon receipt of the printed copies of the Budget they will be supplied to the members of your body.
WEDNESDAY, jULY 1, 1931.
315
You will note in particular two certain appropriations made for the last half of the fiscal year 1931. Section 1 provides for an appropriation of twenty thousand ($20,000) dollars to be expended for the printing expenses of the various constitutional offices of the State. Any portion of this fund not expended reverts to the General Treasury.
Section 2 is an appropriation of four thousand ($4,000) dollars for reduction of tuberculosis in domestic animals. I am informed by the State Auditor that this amount is necessary to carry on this work for the last five months of 1931 to prevent a lapse between the exhaustion of the present appropriation for this purpose and the time the appropriation for 1932 becomes effective.
Section 3. An appropriation for the upkeep of Public Buildings and Groun~ in the sum of twenty thousand ($20,000) dollars-represents a real emergency. The General Assembly appropriated sixty-five thousand ($65,000) dollars for this purpose for the year 1931, and upon assuming office, I found that my predecessor had expended all of this appropri2.tion except the sum of seven thousand six hundred ninety-four ($7,694.15) dollars and fifteen cents. I do not know for what purpose this money has been expended but, under ordinary circumstances the sum of approximately thirty-three thousand ($33,000) dollars of this appropriation should have been left in the Treasury for the upkeep of Public Buildings and Grounds for the remainder of this year. Under no circumstances can this work be done on the small amount left available at my disposal and the amount that I am asking at your hands for this purpose represents a reduction of almost twenty percent (20%) in the amount which would have ordinarily been available for this purpose and twentynine thousand six hundred eleven ($29,611.70) dollars and st. venty cents less than my predecessor expended for the same purpose for the first six months of the current year.
Respectfully submitted,
RrcHARD B. RussELL, JR.,
Governor.
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JouRNAL oF THE HousE,
BUDGET BURK-\U REPORT
The :\.ct establishing a Budget Bureau provides for the preparation, adoption and execution of same in the office of the Governor. The purpose of this Bureau is for promoting economy and efficiency in the management of the State's finances. The Governor is ex-officio Director and the State :\.uditor is :\.ssistant Director of the Budget. All legal advice required in regard to the Bureau is furnished by the :\.ttorney-General.
The Budget Bureau is directed to prepare a budget, and the director of the budget has the power, and it is his duty to require from all State officials and administrative officers, bureaus, boards, commissions and agencies expending or supervising the expenditure of, and all institutions applying for, State monies and appropriations, such itemized estimates and other information, in such form and manner and at such times, as said Director of the Budget shall direct. All estimates for the Legislative and Judiciary Departments, as certified by the State Auditor, have been transmitted to the Director of the Budget, in such form, manner and time as was directed. The form of these estimates was requested, planned and arranged by the State :\uditor and forwarded to all departments, agencies, boards, and institutions applying for the State's monies for appropriations. These forms were gotten out after a conference of the Director, the Governor-elect and the State Auditor, and were mailed to all the agencies above referred to.
On receipt of these estimates it is found that the total sum estimated for 1932 and 1933 is as follows:
S13,407,000.00 for 1932 and $13,256,000.00 for the year 1933.
The estimate made by the State Auditor of the revenue for the years 1932 and 1933 is $10,728,000.00, which if approved and recommended in this budget, would create a deficit for the year 1932 of $2,679,000.00 and for the year 1933 of S2,528,000.00.
WEDNESDAY, JULY 1, 1931.
317
It is, therefore, apparent that the estimates requested could not be complied with for the lack of revenue each year.
In view of that fact the Budget Bureau recommends that all of the estimates for additional buildings are disapproved; and that all increases in appropriations are also disapproved.
After the sum of money that is necessary for the expenses of the Legislative and Judiciary Departments is subtracted from the total revenue, and the sum estimated for the new buildings-and the excessive appropriations over those of 1929, the remainder of the income shall be distributed on a pro rata basis for the years 1932 and 1933. Under this plan there will be no deficit, but all departments, institutions, boards, commissions, etc., will receive 100% of the appropriations made, as suggested by the Budget Bureau.
The Budget Bureau recommends that no appropriation be made in excess of the revenue of the State. They recommend further that in case a supplementary appropriation bill is finally adopted by both Houses, and approved by the Governor, that no such bill shall be valid-and that no such appropriation shall be available until the revenue necessary to pay such appropriation shall be provided by a tax laid and collected for such purpose, unless it appears from such budget that there is sufficient revenue available; any unused supplementary appropriation shall be paid into the general treasury.
\Ve recommend that a sum for contingent appropriations shall be S200,000.00, and shall be used as is provided in Section 8 of said Act-and that the remaining Sections, 9 and 10, shall be carried out as provided in this Act.
The Governor-elect has the right to review all of the estimates, and shall have access to all material that has come before the Budget. After the preparation of the budget the Governor of the State is directed to submit to the General Assembly, within seven (7) days, the budget
318
JouRNAL OF THE HousE,
proposed. In the event the recommendation of the Budget Commission shall exceed the estimated revenue for the years 1932 and 1933, the Governor shall recommend the sources from which additional revenue shall be provided, and submit same to the House of the General Assembly. Of such recommendations made by the Governor, tentative bills of appropriation shall be classified and submitted for the ensuing biennial period.
In case a lump sum of money is appropriated, it shall be based on the amount prorated to that department for maintenance, or fixed charges.
The Budget Bill shall be presented to the presiding officer of each House; and any supplements or corrections or oversights, or any case of emergency, with the consent of the General Assembly, shall be presented to the House of Representatives; but in no case shall the appropriations, as provided in the Budget Bill or a new Appropriation Bill, exceed the revenue of the State, it being the expressed statement in Section 4 that there shall not be created a deficit.
We recommend that in the event the appropriations made in the Budget Bill to the State colleges for maintenance is not sufficient to maintain their rating with the associations of colleges, supplementary appropriations be made for maintenance in amounts necessary to uphold the State colleges standing with the associations, such appropriations not to be available unless it appears that thc.re :s sufficient revenue available over the amount of the Budget Bill to pay the supplementary appropriations.
Most respectfully submitted,
L. G. HARDMA~,
Ex-Officio Director.
This the 24th day of June, 1931.
WEDNESDAY, }eLY 1, 1931.
319
Privileges of the floor were granted to Hon. G. W. Lankford of Toombs County.
Mr. Mooty of Troup moved that the House do now adjourn, and the motion prevailed.
Leave of absence was granted to Messrs. Howard of Long, Musgrove of Clinch, Kennedy of Lamar, Sutton of Colquitt, and Beasley of Tattnall.
The Speaker announced the House adjourned until tomorrow morning, at 10:00 o'clock.
320
JouRNAL OF THE HousE,
REPRESENTATIVE HALL, ATLANTA, GA., THURSDAY, JuLY 2, 1931.
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 Allen Almand Andrews Arnold Arrington Ashley Atwood Awtrey Bargeron Barrett Battle Beaman Bean Beasley Bennett of Bacon Bennett of Jeff Davis Bland Brannen Brown Brunson Bunn Burton Bush cam Cannon Carlisle of Bibb Carlisle of Grady Cartledge Chalker
Chambers Childs Clark Clements of Marion Clements of Telfair Cochtan Collier Colson Courson Cowart Cozart Crawfortl Crowe Cullens Culpepper of Echols Culpepper of Fayette Davis of Floyd Davis of Jackson Davis of Mitchell Davis of Troup Dixon Donaldson Dorsett Duncan Dykes Eckford Edmondson Edwards of Gilmer Edwards of Lowndes Edwards of Stephens Elliott
Evans Fagan Franklin Fraser Freeman Gary Gillen Graham Grayson Green Greer Griffeth Griffin of Decatur Griffin of Wilkes Gullatt Hampton Hardin Harris Harrison of Camden Harrison of Jenkins Hatcher Hawes Hodges Holt Horne Howard of Chatt'h'chee Howard of Long Hubbard of Habersham Hubbard of Wilkinson Huddleston Hutcheson
THURSDAY, JuLY 2, 1931.
321
Hyman
Meredith
Irvin
Mixon
James
Montgomery
Johnson of Montgomery Mooty
Johnson of Pike
Morris
Johnson of Seminole Moye
Johnston
Mundy
Jones of Burke
Musgrove
Jones of Lumpkin
Myrick
Jones of Paulding
Nelson of Cook
Kennedy
Nelson of Laurens
Key
Oliver
Killebrew
Osteen
Kimbrough
Pace
Kimsey
Parham
King of Clay
Park
King of Newton
Patten
Lance
Paulk
Lanham
Peebles
Lanier
Phillips
Leathers
Pittard
Lester
Pope
Lewis of Gordon
Powell
Lewis of Hancock
Preston
Lindsay
PurdY
Logan
Purvis
Lord
Rabun
McElreath
Rivers
McGehee
Roberts
McKoy
Robertson
McLeod
Ross of Appling
McRae
Ross of Dodge
McWhorter
Rosser
Mallard
Sammon
Mardre
Scarbrough
Mattox
Seckinger
Maynard
Sharpe
Mercer
Shirley
Simmons Sims Sisk Skelton Spivey Stanton Stewart Still Stone Strickland of Douglas Strickland of Haralson Sutton Swain Tate Taylor Thomas Thomoson Thompson Tippins Townsend Trapnell Trotter Turner Waldrop Walker of Ben Hill Walker of Brooks Walker of Morgan Walker of Screven Wall Weeks Westbrook Whittle Wilkes Williams Wilson Wood Yawn Mr. Speaker
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has concurred in the House amendment to the following resolution of the Senate, to-wit:
322
JouRNAL OF THE HousE,
Senate Resolution No. 27. A resolution inv1tmg Governor Franklin D. Roosevelt to address the General Assembly.
Mr. Hardin of Whitfield, 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. Second reading of House and Senate bills and resolutions, favorably reported.
By unanimous consent, the following bill of the House was withdrawn from the Committee on State of the Republic, and recommitted to the Committee on Appropriations:
By Messrs. Beaman, Leathers, and Lindsay of DeKalb-
House Bill No. 44. A bill to be entitled an Act to create a Bureau of Criminal Identification, and for other purposes.
By unanimous consent, the following bill of the House was withdrawn from the Committee on General Judiciary No. 2, and recommitted to the Committee on Labor and Labor Statistics:
By Messrs. Lanier, Lester, and Cartledge of Richmond-
House Bill No. 119. A bill to be entitled an Act to amend the Georgia Workmen's Compensation Act to pre-
THURSDAY, JuLY 2, 1931.
323
vent industrial accidents, provide medical attention for injured employees, and for other purposes.
By unanimous consent, the following bill of the House was withdrawn from the Committee on General Judiciary No. 2, and recommitted to the Committee on General Judiciary No. 1:
By Mr. Alexander of Chatham-
House Bill No. 14. A bill to be entitled an Act to protect owners, contractors, laborers, materialmen, to be known as the Mechanics Lien Law, and for other purposes.
By unanimous consent, the following bills and resolutions of the House were introduced, read the first time, and referred to the committees:
By Mr. Grayson of Chatham-
House Bill No. 148. A bill to require the payment of State and County taxes from certain persons.
Referred to Committee on General Judiciary No. 2.
By Messrs. Harrison of Camden, Atwood of Mcintosh, and Stewart of Coffee-
House Bill No. 149. A bill to amend an Act regulating the taking of shad fish from the waters of this State, and for other purposes.
Referred to Committee on Game and Fish.
By Messrs. Harrison of Camden and Mallard of Charlton-
House Bill No. 150. A bill prescribing a license fee for trapping fur-bearing animals, and for other purposes.
Referred to Committee on Game and Fish.
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JouRNAL OF THE HousE,
By Mr. Colson of Glynn-
House Bill No. 151. A bill to amend the Code relating to natural oyster beds, and for other purposes.
Referred to Committee on Game and Fish.
By Messrs. Atwood of Mcintosh and Colson of Glynn-
House Bill No. 152. A bill to revise and amend the Game and Fish laws of the State of Georgia, and for other purposes.
Referred to Committee on Game and Fish.
By Messrs. Bunn and Stanton of Ware--
House Bill No. 153. A bill to amend the Constitution by making provision for the payment of pensions, and for other purposes.
Referred to Committee on Amendments to the Constitution.
By Mr. Thomas of Wayne--
House Bill No. 154. A bill relative to the manufacture, storage, and sale of Oleomargarine, and for other purposes.
Referred to Committee on General Agriculture No. 2.
By Messrs. Lindsay and Leathers of DeKalb-
House Bill No. 155. A bill to amend an Act regulating the practice of barbering, and for other purposes.
Referred to Committee on Hygiene and Sanitation.
By Mr. Edmondson of Chattooga-
House Bill No. 156. A bill to amend the Map known as the Georgia System of State Roads, and for other purposes.
Referred to Committee on Public Highways.
THURSDAY, JuLY 2, 1931.
325
By Mr. Simmons of Decatur-
House Bill No. 157. A bill to amend an Act establishing the City Court of Bainbridge, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Edwards of Gilmer-
House Bill No. 158. A bill consolidating the offices of Tax Receiver and Tax Collector of Gilmer County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Griffin and Simmons of Decatur-
House Bill No. 159. A bill relating to the salary of the Treasurer of Decatur County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Griffin and Simmons of Decatur-
House Bill No. 160. A bill abolishing the offices of Tax Receiver and Tax Collector of Decatur County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Gary of Quitman-
House Bill No. 161. A bill to change the time of convening Quitman County Superior Court.
Referred to Committee on Counties and County Matters.
By Mr. Alexander of Chatham-
House Bill No. 162. A bill to amend the Code relative tc. divorces, and for other purposes.
Referred to Committee on General Judiciary No. 1.
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JouRNAL oF THE HousE,
By Mr. Strickland of Haralson-
House Bill No. 163. A bill prohibiting members of the General Assembly from voting on certain measures, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Messrs. Eckford and McRae of Fulton-
House Bill No. 164. A bill to amend the Constitution relative to the salary of Judges of the Superior Court of the Adanta Judicial Circuit.
Referred to Committee on Amendments to the Constitution.
By Messrs. Eckford and McRae of FultonHouse Bill No. 165. A bill fixing the salary of judges of
city courts in certain counties, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Walker of Ben HillHouse Bill No. 166. A bill to divide Georgia into ten
Congressional Districts, and for other purposes.
Referred to Committee on Legislative and Congressional Reapportionment.
By Mr. Gullatt of CampbellHouse Bill No. 167. A bill to amend an Act providing
that all property of Campbell County shall become the property of Fulton County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Mattox of ColquittHouse Bill No. 168. A bill to abolish certain Commis
sions, and for other purposes.
Referred to Committee on State of the Republic.
THURSDAY, JuLY 2, 1931.
327
By Mr. Mattox of Colquitt-
House Bill No. 169. A bill to simplify divorces, and for other purposes.
Referred to Committee on Amendments to the Constitution.
By Messrs. Hodges and Maynard of Sumter-
House Bill No. 170. A bill regulating the time of meeting for the Board of Medical Examiners, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Messrs. Battle, Meredith, and Roberts of Muscogee-
House Bill No. 171. A bill to amend an Act creating a new charter for the City of Columbus, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Burton of Franklin-
House Bill No. 172. A bill to make the Farmers Bank of Royston a State Depository, and for other purposes.
Referred to Committee on Banks and Banking.
By Mr. Swain of WarrenHouse Bill No. 173. A bill allowing School Trustees of
Warren County to make certain contracts, and for other purposes.
Referred to Committee on Education.
By Mr. Brown of Greene and othersHouse Resolution No. 23-173a. A resolution directing
the Comptroller-General to collect the delinquent tax due the State, and for other purposes.
Referred to Committee on Corporations.
328
JouRNAL OF THE HousE,
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Resolution No. 24-173b. A resolution to prohibit children of the colored races from attending common schools of Georgia, and for other purposes.
Referred to Committee on Education.
Mr. Crawford of Floyd, 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:
House Bill No. 58 do pass.
Respectfully submitted,
CRAWFORD of Floyd,
Chairman.
By unanimous consent, the following bill of the House, which was favorably reported, was read the second time:
By Messrs. Davis, Lanham, and Crawford of Floyd-
House Bill No. 58. A bill to be entitled an Act to regulate writs of certiorari, and for other purposes.
The following resolutions of the Senate were read and adopted:
By Messrs. Neill of the 24th District and Weekes of the 34th District-
Senate Resolution No. 8. A resolution inviting the Brotherhood of Locomotive Firemen and Enginemen to hold its next convention in Atlanta, and for other purposes.
THURSDAY, JuLY 2, 1931.
329
By Mr. Neill of the 24th District and others-
Senate Resolution No. 28. A resolution inviting United States Senator \Valter F. George to address the General Assembly at his convenience, and for other purposes.
Privileges of the floor were granted to Hon. J. Paul
Stephens of Richmond County, and Hon. N. J. Smith of
Jefferson County.
Mr. Johnson of Seminole moved that the House do now adjourn, and the motion prevailed.
Leave of absence was granted to Messrs. Pope of Toombs, Preston of Walton, Bush of Miller, Davis of Jackson, James of Jones, Montgomery of Webster, Osteen of Bryan, Harrison of Camden, Mallard of Charlton, Simmons of Decatur, Thomas of \Vayne, Greer of Macon, Stanton of Ware, \Vhittle of Upson, Allen of Baldwin, Battle of Muscogee, Graham of Laurens, Weekes of Columbia, and Williams of Emanuel.
The Speaker announced the House adjourned until tomorrow morning, at 10:00 o'clock.
330
JouRNAL OF THE HousE,
REPRESENTATIVE HALL, ATLANTA, GA.
FRIDAY, JuLY 3, 1931.
The House met purs1.1ant to adjournment this day at 10:00 o'clock, A. M., was called to order by the Speaker
and opened with prayer by Hon. J. E. J. Lord, Represen-
tative from Jackson County.
The roll was called and the following members answered to their names:
Adams Alexander Allen Almand Andrews Arnold Arrington Ashley Atwood Awtrey Bargeron Barrett Battle Beaman Bean Beasley Bennett of Bacon Bennett of Jeff Davis Bland Brannen Brown Brunson Bunn Burton Bush Cain Cannon Carlisle of Bibb Carlisle of Grady Cartledge
Chalker Chambers Childs Clark Clements of Marion Clements of Telfair Cochran Collier Colson Courson Cowart Cozart Crawford Crowe Cullens Culpepper of Echols Culpepper of Fayette Davis of Floyd Davis of Jackson Davis of Mitchell Davis of Troup Dixon Donaldson Dorsett
Dunc~n
Dykes Eckford Edmondson Edwards of Gilmer Edwards of Lowndes
Edwards of Stephens Elliott Evans Fagan Franklin Fraser Freeman Gary
Gillen Graham Grayson Green Greer Griffeth Griffin of Decatur Griffin of Wilkes Gullatt Hampton Hardin Harris Harrison of Camden Harrison of Jenkins Hatcher Hawes Hodges Holt Horne Howard of Chatt'h'chee Howard of Long Hubbard of Habersham
FRIDAY, JuLY 3, 1931.
331
Hubbard of Wilkinson Maynard
Huddleston
Mercer
Hutcheson
Meredith
Hyman
Mixon
Irvin
Montgomery
James
Mooty
Johnson of Montgomery Morris
Johnson of Pike
Moye
Johnson of Seminole Mundy
Johnston
Musgrove
Jones of Burke
Myrick
Jones of Lumpkin
Nelson of Cook
Jones of Paulding
Nelson of Laurens
Kennedy
Oliver
Key
Osteen
Killebrew
Pace
Kimbrough
Parham
Kimsey
Park
King of Clay
Patten
King of Newton
Paulk
Lance
Peebles
Lanham
Phillips
Lanier
Pittard
Leathers
Pope
Lester
Powell
Lewis of Gordon
Preston
Lewis of Hancock
Purdy
Lindsay
Purvis
Logan
Rabun
Lord
Rivers
McElreath
Roberts
McGehee
Robertson
McKoy
Ross of Appling
McLeod
Ross of Dodge
McRae
Rosser
McWhorter
Sammon
Mallard
Scarbrough
Mardre
Seckinger
Mattox
Sharpe
Shirley
Simmons Sims Sisk Skelton Spivey Stanton Stewart Still Stone Strickland of Douglas Strickland of Haralson Sutton Swain Tate Taylor Thomas Thomoson Thompson Tippins Townsend Trapnell Trotter Turner Waldrop Walker of Ben Hill Walker of Brooks Walker of Morgan Walker of Screven Wall Weeks Westbrook Whittle Wilkes Williams Wilson Wood Yawn Mr. Speaker
Mr. Hardin of Whitfield, 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.
332
JouRNAL OF THE HousE,
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.
By unanimous consent, the following bills and resolutions of the House were read the first time, and referred to the committees:
By Messrs. Bean and Dorsett of Carroll-
House Bill No. 174. A bill to amend an Act establishing a City Court of Carrollton, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Paulk of Turner and others-
House Bill No. 175. A bill to regulate the selling of agricultural and vegetable seeds, and for other purposes.
Referred to Committee on General Agriculture No. 1.
By Mr. Stewart of CoffeeHouse Bill No. 176. A bill to regulate the business of
making loans of $300.00 or less, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Messrs. Terrell and King of Clay and Cowart of Calhoun-
House Bill No. 177. A bill to allow the convict wardens. of this State to use the lash or whip in certain cases.
Referred to Committee on Penitentiary.
FRIDAY, JuLY 3, 1931.
333
By Mr. Kimsey of Rabun-
House Bill No. 178. A bill to abolish the fee system of the Northeastern Judicial Circuit, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Bland of Stewart, Crawford of Floyd, and Davis of Mitchell-
House Bill No. 179. A bill to provide for creation of a Board of Aeronautics, and for other purposes.
Referred to Committee on Aviation.
By Mr. Cochran of Thomas and others-
House Bill No. 180. A bill to require the Trustees of the University of Georgia to offer a course in Dental Science, and for other purposes.
Referred to Committee on Hygiene and Sanitation.
By Messrs. Eckford and McRae of Fulton-
House Bill No. 181. A bill to amend an Act providing for the Criminal Court of Atlanta, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Eckford and McRae of FultonHouse Bill No. 182. A bill to amend the Code by pro-
viding for the release of a defendant in the bail trover action without security, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Messrs. Morris of Atkinson and Patten of Lanier-
Hause Bill No. 183. A bill to abolish the Fee System in the Superior Courts of the Alapaha Judicial Circuit, and for other purposes.
Referred to Committee on General Judiciary No. 1.
334
JouRNAL OF THE HousE,
By Mr. Still of Fulton-
House Bill No. 184. A bill to make the laws prohibiting illegal voting applicable to primary elections in certain cities, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Still of Fulton-
House Bill No. 185. A bill to make the primary election laws applicable to primary elections in certain cities.
Referred to Committee on General Judiciary No. 1.
By Mr. Key of Jasper-
House Bill No. 186. A bill to place a tax upon the privileges of engaging in certain occupations, and for other purposes.
Referred to Committee on Ways and Means.
By Mr. Shirley of Milton-
House Bill No. 187. A bill to merge Milton County with Fulton County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Mattox of Colquitt-
House Bill No. 188. A bill to provide for the disqualification of certain judges on account of bias and prejudice, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Mixon of Irwin-
House Bill No. 189. A bill to amend the Code relative to attorney's fees and court costs, and for other purposes.
Referred to Committee on General Judiciary No. 2.
FRIDAY, JuLY 3, 1931.
335
By Mr. Mixon of Irwin-
House Bill No. 190. A bill to amend the Code relative to the collection of attorney's fees, and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Mr. Hampton of Fannin-
House Bill No. 191. A bill to amend an Act relative to the issuance of trapper's license, and for other purposes.
Referred to Committee on G<1me and Fish.
By Messrs. Eckford, McRae and Still of Fulton and Gullatt of Campbell-
House Resolution No. 25-191a. A resolution extending the authority and powers of the Western & Atlantic Railroad Commission, and for other purposes.
Referred to Committee on Western and Atlantic Railroad.
By Mr. Mixon of Irwin-
House Resolution No. 26-191 b. A resolution authorizing the State Librarian to furnish certain volumes to the Irwin County Superior Court.
Referred to Committee on Public Library.
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 192. A bill prescribing the season for hunting cat-squirrels, and for other purposes.
Referred to Committee on Game and Fish.
By Mr. Culpepper of Fayette-
House Bill No. 193. A bill to fix the salaries of the Secretary of State, the Comptroller-General, and for other purposes.
Referred to Committee on State of the Republic.
336
JouRNAL oF THE HousE,
Mr. Andrews of Crawford County, Chairman of the
Committee on Counties and County Matters, submitted
the following report:
Mr. Speaker: Your Comlilittee on Counties and County Matters has
had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 4 do pass.
House Bill No. 5 do pass. House Bill No. 27 do pass. House Bill No. 28 do pass. House Bill No. 71 do pass. House Bill No. 138 do pass.
Respectfully submitted, ANDREWS of Crawford, 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 bill and resolution of the House and h1.s instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 30. An Act approved August 19, 1919, entitled, an Act to codify the school laws of the State of Georgia, so as to permit the voters of all independent school systems of Georgia to vote for the office of County School Superintendent. Do pass.
FRIDAY, JuLY 3, 1931.
337
Senate Resolution No. 14-49a. A resolution asking that the speaker of the House appoint a committee of six members to work out recommendations and a report to said House on the mattet of providing free school books for the grammer grades in the public schools of Georgia. Do pass.
Respectfully submitted,
DAvis of Floyd,
Chairman.
Mr. Lewis of Hancock 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 and resolution of the House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 7 do pass.
House Bill No. 53 do not pass.
House Resolution No. 18-115c do pass.
Respectfully submitted,
LEWIs of Hancock,
Chairman.
Mr. Crawford of Floyd County, Chairman of the Committee on Special Judiciary, submitted the following report:
1t1r. 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:
338
JouRNAL OF THE HousE,
House Bill No. 59 do pass. Respectfully submitted, CRAWFORD of Floyd, Chairman.
By unanimous consent, the following bills and resolution of the House, favorably reported, were read the second time:
By Mr. Tucker of Berrien-
House Bill No. 4. A bill to abolish the City Court of Nashville, and for other purposes.
By Mr. Tucker of Berrien-
House Bill No. 5. A bill to abolish the offices of Tax
Collector and Tax Receiver in Berrien County, and for other purposes.
By Messrs. Gillen of Bibb and Beaman of DeKalb and others-
House Bill No.7. A bill to regulate the practice of law, and for other purposes.
By Mr. Wilson of Murray-
House Bill No. 27. A bill to repeal an Act creating the office of Roads and Revenues for the County of Murray, and for other purposes.
By Mr. Wilson of Murray-
House Bill No. 28. A bill to create a Board of Commissioners of Roads and Revenues for Murray County, and for other purposes.
FRIDAY, JULY 3, 1931:
339
By Messrs. Crawford, Davis, and Lanham of Floyd-
House Bill No. 59. A bill to amend an Act to change from the fee to the salary system in certain counties, and for other purposes.
By Mr. Cannon of Rockdale-
House Bill No. 71. A bill to repeal an Act establishing the City Court of Conyers, and for other purposes.
By Mr. Edwards of Gilmer-
House Bill No. 138. A bill to repeal an Act creating the office of Commissioner of Roads and Revenues of Gilmer County, and for other purposes.
By Mr. Gu!latt of Campbell-
House Resolution No. 18-115c. A resolution to relieve E. J. Johnson as surety on a bond.
The following resolutions of the House and Senate were read and adopted:
By Messrs. Arnold and Wood of Clarke, Walker of Morgan, Chalker of Pulaski, Green of Oglethorpe, and others-
House Resolution No. 9. A resolution requiring Hon. A. B. Mobley, Superintendent of Banks in the State of Georgia, to furnish the House of Representatives with the following information:
(a) The amount of cash received in the liquidation of each bank that has been liquidated, or is in process of liquidation, since January 1, 1926, from cash on hand, notes and bills receivable and other sources in each bank.
(b) The expenses of the liquidation of each bank, itemized; the amount paid to auditors, the name and amount in each case; the amount paid for attorney's fees,
340
JouRNAL OF THE HousE,
to whom paid, for what services, dates paid and with reference specifically for what bank in each instance.
(c) The amount paid to preferred creditors, depositors and any and all other distributions of each of such banks.
(d) The amount of assessment against stockholders in each bank, the amount collected on each assessment and how disbursed.
By Messrs. Langford of the 22nd District and McWhorter of the 50th District-
Senate Resnlution No. 29. A resolution that the General Assembly of the State of Georgia recognize the splendor of the works of Mrs. Dosia Head Brooks, (Mrs. Richard Pleasanton Brooks), of Forsyth, Monroe County, Georgia, the fineness of her character and the unselfishness of her ambitions, and in appreciation of her life and work, declaring her a Distinguished Citizen of Georgia.
Privileges of the floor were granted to Hon. B. W. Boyd of Greene County, Hon. W. C. Stokes of Fulton C:mnty, and Hon. W. J. Millard of Walker County.
Mr. Lanham of Floyd moved that the House dn now adjourn, and the motion prevailed.
Leave of absence was granted to Messrs. McGehee of Talbot, Clements of Marion, Westbrook of Dougherty, Gary of Quitman, Andrews of Crawford, Chalker of Pulaski, Rosser of Walker, and Culpepper of Echols.
The Speaker announced the House adjourned until Monday morning, at 11:00 o'clock.
MoNDAY, JuLY 6, 1931.
341
REPRESENTATIVE HALL, ATLANTA, GA.,
MoNDAY, JuLY 6, 1931.
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 Han. E. L. Adams, Representative from Towns County.
The roll was called and the following members answered to their names:
Adams
Chalker
Alexander
Chambers
Allen
Childs
Almand
Clark
Andrews
Clements of Marion
Arnold
Clements of Telfair
Arrington
Cochran
Ashley
Collier
Atwood
Colson
Awtrey
Courson
Bargeron
Cowart
Barrett
Cozart
Battle
Crawford
Beaman
Crowe
Bean
Cullens
Beasley
Culpepper of Echols
Bennett of Bacon
Culpepper of Fayette
Bennett of Jeff Davis Davis of Floyd
Bland
Davis of Jackson
Brannen
Davis of Mitchell
Brown
Davis of Troup
Brunson
Dixon
Bunn
Donaldson
Burton
Dorsett
Bush
Duncan
Cain
Dykes
Cannon
Eckford
Carlisle of Bibb
Edmondson
Carlisle of Grady
Edwards of Gilmer
Cartledge
Edwards of Lowndes
Edwards of Stephens Elliott Evans Fagan Franklin Fraser Freeman Gary Gillen Graham Grayson Green Greer Griffeth Griffin of Decatur Griffin of Wilkes Gullatt Hampton Hardin Harris Harrison of Camden Harrison of Jenkins Hatcher Hawes Hodges Holt Horne Howard of Chatt'h'chee Howard of Long Hubbard of Habersham
342
JouRNAL OF THE HousE,
HubbardofWilkinson Maynard
Huddleston
Mercer
Hutcheson
Meredith
EUnnan
~xon
Irvin
Montgomery
.James
Mooty
.Johnson of Montgomery Morris
.1ohnson of Pihe
Moye
.1ohrison of Seminole Mundy
.Johnston
Musgrove
.1ones of Burhe
M:vrick
.Jones of Lumpkin
Nelson of Cook
.Jones of Paulding
Nelson of Laurens
Kennedy
Oliver
Key
Osteen
Killebrew
Pace
Kimbrough
Parham
Kimsey
Park
King of Clay
Patten
King ot Newton
Paulk
Lance
Peebles
Lanham
Phillips
Lanier
Pittard
Leathers
Pope
Lester
Powell
Lewis of Gordon
Preston
Lewis of Hancock
Purdy
Lindsay
Purvis
Logan
Rabun
Lord
Rivers
McElreath
Roberts
McGehee
Robertson
McKoy
Ross of Appling
McLeod
Ross of Dodge
McRae
Rosser
McWhorter
Sammon
Mallard
Scarbrough
Mardre
Seckinger
Mattox
Sharpe
Shirley Simmons Sims Sisk Skelton Spivey Stanton Stewart Still Stone Strickland of Douglas Strickland of Haralson Sutton Swain Tate Taylor Thomas Thomason Thompson Tippins Townsend Trapnell Trotter Turner Waldrop Walker of Ben Hill Walker of Brooks Walker of Morgan Walker of Screven Wall Weeks Westbrook Whittle Wilkes Williams Wilson Wood Yawn Mr. Speaker
Mr. Hardin of Whitfield, 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.
MoNDAY, JuLY 6, 1931.
343
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. Second reading of House and Senate bills and resolutions, favorably reported.
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. Culpepper of Fayette, Chairman of the Committee on Appropriations, asked unanimous consent that he be permitted to change a typographical error in House Bill No. 147, known as the General Appropriations Bill, relative to the amount appropriated to the Georgia State College for Women, located at Milledgeville, Georgia; and the request was granted.
Mr. Stewart of Coffee asked uanimous consent that the Rules of the House be amended so that Rules Nos. 197 and 198 include the Standing Committee of the House on Aviation; and the request was granted.
By unanimous consent, the following bills and resolutions of the House were introduced, read the first time, and referred to the committees:
By Mr. Huddleston of Meriwether-
Hause Bill No. 194. A bill to simplify the operations of the executive branch of the State Government, and for other purposes.
Referred to Committee on State of the Republic.
344
JouRNAL OF THE HousE,
By Mr. Huddleston of Meriwether and others-
House Bill No. 195. A bill to amend an Act relative to the State Board of Education, and for other purposes.
Referred to Committee on State of the Republic.
By Mr. Huddleston of Meriwether-
Hause Bill No. 196. A bill to repeal the Dairy Act, and for other purposes.
Referred to Committee on General Agriculture No. 1.
By Mr. Leathers of DeKalb-
House Bill No. 197. A bill to repeal an Act requiring certain Insurance Companies to deposit bonds with the treasurer, and for other purposes.
Referred to Committee on Insurance.
By Mr. Leathers of DeKalb-
House Bill No. 198. A bill to provide for the licensing, regulation, and taxation of Insurance Companies, and for other purposes.
Referred to Committee on Insurance.
By Mr. Leathers of DeKalb-
House Bill No. 199. A bill permittmg firms to place insurance with certain companies upon the payment of certain penalties, and for other purposes.
Referred to Committee on Insurance.
By Mr. Lindsay of DeKalb-
House Bill No. 200. A bill to amend the School Code by prohibiting voters living in territory embraced within independent school systems from voting in any primary
MoNDAY, JuLY 6, 1931.
345
or election for County Superintendent of Schools, and for other purposes.
Referred to Committee on Education.
By Messrs. Lindsay and Leathers of DeKalb-
House Bill No. 201. A bill to regulate the practice and teaching of beauty culture in this State, and for other purposes.
Referred to Committee on Hygiene and Sanitation.
By Mr. Myrick of Chatham-
House Bill No. 202. A bill to amend the Code relative to any contract with a broker or agent to sell the lands of another, and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Messrs. Crawford and Lanham of Floyd-
House Bill No. 203. A bill to amend an Act to regulate real-estate brokers and salesmen, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Brown of Greene-
House Bill No. 204. A bill to appropriate $5,000.00 to the Department of Agriculture to carry on a campaign, and for other purposes.
Referred to Committee on Appropriations.
By Messrs. Eckford and McRae of Fulton-
House Bill No. 205. A bill to amend an Act relative to the abolition of Justice Courts in Atlanta and the establishment in lieu thereof such courts as the General Assembly may deem necessary, and for other purposes.
Referred to Committee on Counties and County Matters.
346
JouRNAL OF THE HousE,
By Messrs. Eckford and McRae of Fulton-
House Bill No. 206. A bill to amend an Act abolishing the fee system now existing in the Superior Court of the Atlanta Judicial Circuit, and for other purposes.
Referred to Committee on Counties and County Matters.
By ~Ir. Key of Jasper-
House Bill No. 207. A bill to amend the Code relative to the power of sale in deeds of trust.
Referred to Committee on General Judiciary No. 1.
By Messrs. Atwood of Mcintosh and Osteen of Bryan-
House Bill No. 208. A bill to amend an Act revising and amending the Game and Fish Laws of the State of Georgia, and for other purposes.
Referred to Committee on Game and Fish.
By Mr. Dixon of Pierce-
House Bill No. 209. A bill to abolish the offices of Tax Receiver and Tax Collector in the County of Pierce, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. McElreath and Peebles of Bartow-
House Bill No. 210. A bill to amend the Act incorporating the City of Cartersville, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Williams of Emanuel-
House Bill No. 211. A bill to amend the charter of the City of Swainsboro.
Referred to Committee on Municipal Government.
MoNDAY, JuLY 6, 1931.
347
By Mr. Williams of Emanuel-
House Bill No. 212. A bill to amend the Constitution so as to exempt furniture and fixtures of residents of State from taxation, and for other purposes.
Referred to Committee on Amendments to the Constitution.
By Mr. Williams of Emanuel-
House Bill No. 213. A bill to amend the Constitution so as to exempt from levy and sale the home, furniture
and fixtures except for taxes of all residents of this State.
Referred to Committee on Amendments to the Constitution.
By Mr. Williams of Emanuel-
House Bill No. 214. A hill to prohibit setting up of service charges by Georgia Public Service Commission.
Referred to Committee on General Judiciary No. 2.
By Mr. Williams of Emanuel-
House Bill No. 215. A bill to repeal Section 3413 of the Code relative to giving the head of families et al. authority to waive the right of homestead exemptions, and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Messrs. Griffin of Oconee and Davis of Mitchell-
House Bill No. 216. A bill to prescribe and make more certain the fees of clerks and sheriffs of the Superior Courts of this State, and for other purposes.
Referred to Committee on General Judiciary No. 1.
348
JouRNAL OF THE HousE,
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 217. A bill to amend the Code so as to provide separate toilet facilities for the races.
Referred to Committee on Hygiene and Sanitation.
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 218. A bill to amend the Georgia Workmen's Compensation Act.
Referred to Committee on General Judiciary No. 2.
By Mr. Key of Jasper-
House Bill No. 219. A bill to regulate outdoor advertising, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Messrs. Fraser of Liberty, Swain of Warren, and Fagan of Peach-
House Bill No. 220. A bill to amend the Constitution, so as to authorize the consolidation of local school districts in which one or more bond issues may be outstanding, and for other purposes.
Referred to Committee on Amendments to the Constitution.
By Messrs. Davis, Crawford, and Lanham of Floyd-
House Bill No. 221. A bill to amend the Constitution, limiting the powers of taxation by the General Assembly, and for other purposes.
Referred to Committee on Amendments to the Constitution.
MoNDAY, JuLY 6, 1931.
349
By Messrs. Alexander, Grayson, and Myrick of Chatham-
House Resolution No. 27-22la. A resolution for the relief of L. W. Hall as surety for Frank Holmes.
Referred to Committee on General Judiciary No. 2.
By Messrs. Alexander, Grayson, and Myrick of Chatham-
House Resolution No. 28-221b. A resolution for the relief of W. F. Cardinal as surety for James Houston.
Referred to Committee on General Judiciary No. 2.
By Mr. Childs of Taylor-
House Resolution No. 29-22lc. A resolution directing the State Librarian to furnish Taylor County with certain volumes.
Referred to Committee on Public Library.
By l\'Ir. Stewart of Coffee-
House Resolution No. 30-221d. ing Rule 68 of the House.
Referred to Committee on Rules.
A resolution amend
By unanimous consent, the following bills and resolutions of the House were read the third time and placed upon their passage:
By Mr. Tucker of Berrien-
House Bill No. 4. A bill to be entitled an Act to abolish the City Court of Nashville, in Berrien County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, the nays 0.
350
JouRNAL OF THE HousE,
The bill having received the requisite constitutional majority was passed.
By Mr. Tucker of Berrien-
House Bill No. 5. A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Berrien County and create 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 111, the nays 0.
The bill having received the requisite constitutional rnajority was passed.
By Mr. Wilson of Murray-
House Bill No. 27. A bill to be entitled an Act to repeal an Act creating a Board of Commissioners of Roads and Revenues for the County of Murray, and for other purposes.
The report 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Wilson of Murray-
House Bill No. 28. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Murray County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, the nays 0.
The bill having received the requisite constitutional majority was passed.
MoNDAY, JuLY 6, 1931.
351
By Mr. Edwards of Gilmer-
House Bill No. 138. A bill to be entitled an Act creating the office of Commissioner of Roads and Revenues for Gilmer County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Cannon of Rockdale-
House Bill No. 71. A bill to be entitled an Act to repeal an Act entitled an Act to establish the City Court of Conyers, in and for the County of Rockdale, and for other purposes.
The report 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
The following resolution of the House was read and adopted:
By 1\Iessrs. Lanier, Lester, and Cartledge of Richmond-
House Resolution No. 30. A resolution that the House and Senate endorse and approve a memorial to Dr. Paul Fitzsimmons Eve, to be unveiled at Augusta, Georgia, said memorial to be erected by the Republic of Poland, and that the Speaker of the House and the President of the Senate appoint a committee of not less than ten members from each body to represent the legislative branch of the State Government on the occasion, and for other purposes.
352
JouRNAL OF THE HousE,
The following bills and resolutions of the House were read the third time and placed upon their passage:
By Messrs. Davis, Lanham, and Crawford of Floyd-
House Bill No. 58. A bill to be entitled an Act to regulate practice upon applications for writs of certiorari before the Supreme Court of the State of Georgia to the Court of Appeals of the State of Georgia; to provide for the decision by the Court upon such application as to whether the same shall be granted or refused; to provide for the time in which the Court shall pass upon such application, and the effect of the failure of the Court to pass upon such application within the period required by this Act, and for other purposes.
Mr. Pope of Toombs moved the previous question, 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, the ayes were 129, the nays 1.
The bill having received the requisite constitutional majority was passed.
By unanimous consent, the bill was immediately transmitted to the Senate.
By Messrs. Crawford, Davis, and Lanham of Floyd-
House Bill No. 59. A bill to be entitled an Act to amend an Act entitled an Act to change from the fee to the salary system in certain counties in the State of Georgia, the Clerk of the Superior Court, Sheriff, Ordinary and other officers, and for other purposes.
By unanimous consent, the previous question was called and the main question was ordered.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
MoNDAY, JuLY 6, 1931.
353
On the passage of the bill, the ayes were 111, the nays 0.
The bill having received the requisite constitutional majority was passed.
By unanimous consent, the bill was immediately transmitted to the Senate.
By Mr. Gullatt of Campbell-
House Resolution No. 18-115c. A resolution for the relief of E. J. Johnson as surety on the bond of William Ramsey, charged with a misdemeanor in the City Court of Fairburn, Campbell County, and for other purposes.
By unanimous consent, the previous question was called and the main question was ordered.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
On the passage of the resolution, the ayes were 120, the nays 0.
The resolution having received the requisite constitutional majority was passed.
The following resolution of the House was read and adopted:
By Messrs. McRae and Eckford of Fulton, Dorsett of Carroll, and others-
House Resolution No. 31. A resolution urgently requesting the Treasury Department of the United States to specify the use of Georgia marble for the exterior of the new Post-Office Building in Atlanta, instructing that copies of this resolution be sent to the officials of the Treasury Department and to our Senators and Congressmen, and for other purposes.
Privileges of the floor were granted to Hon. Ira King of Wilkinson County, and to Hon. T. V. Beard of
354
JouRNAL OF THE HousE,
Colquitt County, and Hon. Emmett Snellgrove of Bibb County.
Mr. McGehee of Talbot moved that the House do now adjourn, and the motion prevailed.
Leave of absence was granted to Messrs. Mooty of Troup, Johnson of Pike, Turner of Brooks, Thomas of vVayne, Mundy of Clayton, and Adams of Towns County.
The Speaker announced the House adjourned until tomorrow morning, at 10:00 o'clock.
TuEsDAY, JuLY 7, 1931.
355
REPRESENTATIVE HALL, ATLANTA, GA.,
TuESDAY, JuLY 7, 1931.
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 rolllwas called and the following members answered to their names:
Adams
Chambers
Alexander
Childs
Allen
Clark
Almand
Clements of Marion
Andrews
Clements of Telfair
Arnold
Cochran
Arrington
Collier
Ashley
Colson
Atwood
Courson
Awtrey
Cowart
Bargeron
Cozart
l;larrett
Crawford
Battle
Crowe
Beaman
Cullens
Bean
Culpepper of Echols
Beasley
Culpepper of Fayette
Bennett of Bacon
Davis of Floyd
Bennett of .Jeff Davis Davis of .Jackson
Bland
Davis of Mitchell
Brannen
Davis of Troup
Brown
Dixon
Brunson
Donaldson
Bunn
Dorsett
Burton
Duncan
Bush
Dykes
Cain
Eckford
Cannon
Edmondson
Carlisle of Bibb
Edwards of Gilmer
Carlisle of Grady
Edwards of Lowndes
Cartledge
Edwards of Stephens
Chalker
Elliott
Evans Fagan Frnnklin Fraser Freeman Gary
Gillen Graham Grayson
Green Greer Griffeth Griffin of Decatur Griffin of Wilkes Gullatt Hampton Hardin Harris Harrison of Camden
Harrison of .renkins
Hatcher Hawes Hodges Holt Horne Howard of Chatt'h'chee Howard of Long Hubbard of Habersham Hubbard of Wilkinson Huddleston Hutcheson
356
JOURNAL OF THE HousE,
Hyman
Meredith
Irvin
Mixon
James
Montgomery
Johnson of Montgomery Mooty
Johnson of Pike
Morris
Johnson of Seminole Moye
Johnston
Mundy
Jones of Burke
Musgrove
Jones of Lumpkin Myrick
Jones of Paulding
Nelson of Cook
Kennedy
Nelson of Laurens
Key
Oliver
Killebrew
Osteen
Kimbrough
Pace
Kimsey
Parham
King of Clay
Park
King of Newton
Patten
Lance
Paulk
Lanham
Peebles
Lanier
Phillips
Leathers
Pittard
Lester
Pope
Lewis of Gordon
Powell
Lewis of Hancock
Preston
Lindsay
Purdy
Logan
Purvis
Lord
Rabun
McElreath
Rivers
McGehee
Roberts
McKoy
Robertson
McLeod
Ross of Appling
McRae
Ross of Dodge
McWhorter
R9sser
Mallard
Sammon
Mardre
Scarbrough
Mattox
Seckinger
Maynard
Sharpe
Mercer
Shirley
Simmons Sims Sisk Skelton Spivey Stanton Stewart Still Stone Strickland of Douglas Strickland of Haralson Sutton Swain Tate Taylor Thomas Thomoson Thompson Tippins Townsend Trapnell Trotter Turner Waldrop Walker of Ben Hill Walker of Brooks Walker of Morgan Walker of Screven Wall Weeks Westbrook Whittle Wilkes Williams Wilson Wood Yawn Mr. Speaker
Mr. Taylor of Washington, Member 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.
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357
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.
By unanimous consent, the following bills and resolution of the House were introduced, read the first time, and referred to the committees;
By Mr. Nelson of Laurens-
House Bill No. 222. A bill to reapportion the several Congressional Districts, and for other purposes.
Referred to Committee on Legislative and Congressional Reapportionment.
By Mr. Hampton of Fannin-
House Bill No. 223. A bill to authorize and empower the sheriff, ordinary and Clerk of the Superior Court of certain counties to select any newspaper published in any county as the official organ of said county, and for other purposes.
Referred to Committee on Public Printing.
By Mr. Griffin of DecaturHouse Bill No. 224. A bill to authorize the granting of
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charters to firms or corporations chartered by the Superior Court for Burial Associations, and for other purposes.
Referred to Committee on Hygiene and Sanitation.
By Mr. Hutcheson of Walker-
House Bill No. 225. A bill to abolish the office of Tax Receiver and the office of Tax Collector of Walker County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Hutcheson of Walker-
House Bill No. 226. A bill to abolish the Board of Commissioners of Roads and Revenues in and for the County of Walker, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Hutcheson of Walker-
House Bill No. 227. A bill to create the office of Commissioner of Roads and Revenues in and for the County of Walker, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Leathers of DeKalb-
House Bill No. 228. A bill requiring licenses for the operation, maintenance, opening or establishment of stores in this State, and for other purposes.
Referred to Committee on Ways and Means.
By Messrs. Leathers of DeKalb and Still of Fulton-
House Bill No. 229. A bill to prescribe the minimum number of operatives for passenger and freight train crews, and for other purposes.
Referred to Committee on Labor and Labor Statistics.
TuEsDAY, JuLY 7, 1931.
359
By Messrs. Huddleston of Meriwether and Johnson of Seminole-
House Bill No. 230. A bill to prescribe how the expenses of any State Department shall be recorded, and for other purposes.
Referred to Committee on State of the Republic.
By Mr. Pope ofToombs-
House Bill No. 231. A bill to establish the City Court of Lyons in and for the County of Toombs, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Edwards of Gilmer-
House Bill No. 232. A bill to change the time of holding the Superior Court of Gilmer County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Morris of Atkinson-
House Bill No. 233. A bill to repeal an Act entitled "Atkinson County Tax Commissioner Referendum," and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Mattox and Sutton of Colquitt-
House Bill No. 234. A bill providing for first verdict at first term of court in divorce cases where there is personal service, and for other purposes.
Referred to Committee on General Judiciary No. 2.
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By Messrs. Cochran of Thomas and Cartledge, Lanier, and Lester of Richmond-
House Bill No. 235. A bill to amend the Constitution so as to authorize any municipality or county. which acquires, constructs or extends any public utility, to issue bonds therefor, and for other purposes.
Referred to Committee on Amendments to the Constitution.
By Messrs. Lord of Jackson, Wall of Putnam, and Stewart of Coffee-
House Bill No. 236. A bill to amend the Code by prescribing what is lawful interest by a reduction of the rate as therein set out, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Purvis of Jefferson-
House Bill No. 237. A bill to amend an Act rehtive to reorganization of the State Highway Board, and for other purposes.
Referred to Committee on Public Highways.
By Mr. Simmons of Decatur-
House Bill No. 238. A bill requiring licenses for the operation, maintenance, opening or establishment of stores in this State, and for other purposes.
Referred to Committee on Ways and Means.
By Messrs. Beaman, Leathers, and Lindsay of DeKalbHouse Resolution No. 32-237a. A resolution to relieve
Geo. L. Trimble as surety on the bond of Q. C. Jordan, and for other purposes.
Referred to Committee on General Judiciary No. 2.
Mr. Cannon of Rockdale, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:
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961
Mr. Speker:
Your committee on Hygiene and Sanitation has had under
consideration the following bill of the House and has in-
structed me, as chairman, to report the same back. to the
House with the recommendation that:
House Bill No. 180 do pass. Respectfully submitted, CANNON of Rockdale, Chairman.
By unanimous consent, the following bill of the House, favorably: reported, was read the second time:
By Messrs. Cochran of Thomas, Franklin of Butts, Lester and Lanier of Richmond-
House Bill No. 180. A bill to be entided an Act to require the Trustees of the University of Georgia to offer a course in Dental Science, and for other purposes.
The following report on State Reorganization to the General Assembly of "the State of Georgia, by its Special Investigating Committee, which committee was appointed under a resolution .adopted by the House of Representatives at the extraordinary session of the General Assembly of
Georgia convened in January, 1931, was submitted to the House, and read:
Atlanta, Ga., July 1,. 1931.
To THE GENEJ.UL AssEMBLY oF THE STATE oF GEoRGIA:
The committee appointed under a resolution adopted by the House of Representatives at the extraordinary session of the General Assembly of Georgia convened in January, 1931, for the purpose of examining into the personnel, expenses and other administrative features of the various 'departments, boarchi, bureaus, and institutions of the State of Georgia and reporting its findings and recommendations to the regular session of the General Assembly of Georgia convened on the fourth Wed,nesday in June, 1931, respectfully submits its report, as follows:
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The committee, after having organized, adppted a policy of holding open conferences with the various officials and private citizens of the State of Georgia, and the hearings have, in every instance, been of a public nature. Those attending have. been permitted to use and disseminate the information gained in such manner as they desired. An opportunity has been given every public official and private citizen to appear before the committee. The majority of the heads of the departments, boards, bureaus, institutions and commissions, and numerous private citizens have taken advantage of this opportunity.
The various State officials attending the committee conferences have extended it every courtesy and furnished information promptly as desired. There has prevailed a spirit of mutual desire to secure for the people the greatest possible benefits from their government.
The committee has, of necessity, been compelled to limit the scope of its conferences and investigations. The major portion of its work has been coufined to the Executive Department of the State Government. Numerous charges against various departments and officials have been made to the committee by citizens of the State. There have also been numerous suggestions regarding changes leading to economy and simplicity in government. In each instance the committee has investigated the charges as fully as was practicable. The information given has been considered by the committee and filed with its records. The record$ of the committee are in the hands of its chairman and open to inspection.
The committee has attempted to proceed with its work in a strictly impartial and constructive manner, and its findings and recommendations are reported, as nearly as possible, without prejudices or selfish interest.
The committee has prepared and attached to its report legislative measures which embody its recommendations. The committee realizes that with the submission of its findings and recommendations it ceases to function, and that the preparation of such legislation by this committee
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363
is possibly beyond its jurisdiction. It is, therefore, respectfully urged that such legislative matter as is hereto attached is presented by the committee in an honest effort to serve as best it can according to the spirit of the resolution whereby it functions and not with a view of directing the activities of the General Assembly, or any member thereof, in its sovereign rights.
The committee expresses its appreciation for the valuable aid given it by the State Auditor. He has furnished a <:omplete list of the personnel of every unit of the government, their salaries and expenses, and a complete list of State-owned motor vehicles. This is the first such list ever made public in this State and is filed as a part of the committee report.
LEGISLATIVE DEPARTMENT
The committee investigated reported irregularities in the "Motor Carrier Act of 1931." Upon comparing the original enrolled copy of the measure and the amendments thereto with the original engrossed copy, irregularities were found which materially changed the meaning of the measure as passed by the General Assembly. This fact was officially reported by the committee to those whose duty it is, under the law, to handle such matters-the Governor, the Attorney-General and the Solicitor-General of Fulton Superior Court.
No further investigation was made into the Legislative Department of the State.
JUDICIAL DEPARTMENT
Information was filed with the committee showing the
number of Judicial Circuits in Georgia, the population of
each circuit, and salaries of judges. This information was
:filed with the records.
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No investigation was made into the Judicial Department of the State.
EXECUTIVE DEPARTMENT
FINDINGS
The committee, in addition to having conferred with public officials and private citizens, has made a study of the administrative laws of the Executive Department of the State government.
It is found that there are approximately 100 units in the Executive Department. These units are ad.ministered as follows:
1. A single official chosen by popular vote. Such officials are directly responsible to the people.
2. A commission of three or more officials chosen by popular vote. Such commissions are so organized that the people are not permitted to select the entire membership during any one election. Neither the Chief Executive nor the people have direct control over the activities of such officials, and cannot effectively place responsibility for their condti:Ct.
3. A board or commission composed of heads of several departments. Neither the Chief Executive nor any other one member of such board or commission has control of its activities or can be held responsible for its conduct.
4. A single official appointed by the Governor. In practically every such instance the term of office extends beyond that of the Chief Executive, and in no instance is the office held at the pleasure of the Governor. Neither the Chief Executive nor the people have direct or complete control over the activities of such officials.
5. A single official chosen by a board, or the board it,self, that is appointed by the Governor. Such boards are so organized that no Chief Executive during his cur-
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3()5
rent term of office has power to appoint a majority of its members. Such officials are not responsible to the people, and the Chief Executive has no control over their activities.
The committee finds the Chief Executive of the State of Georgia practically devoid of control over the Executive Department. There is an unorganized mass of administrative machinery in the department, functioning without centralized authority or proper responsibility of leadership.
Under such conditions it is evident that the people do not have an effective voice in the affairs of their government and can not hold their public officials responsible for the conduct of their respective offices.
Experience has proven that among the natural and inevitable results of such a system are inefficiency and extravagance in public affairs, public distrust in and disrespect for the government and public officials, and a loss to the average citizen of the intended benefits of government.
RECOMMENDATIONs
It is recommended that the practice of indirect administration through boards, bureaus, and commissions, with a lack of proper responsibility of leadership be discontinued, and that the administrative machinery of the Executive Department be coordinated as nearly as practicable under officials selected by popular vote, and directly responsible to the people, with chief administrative power and responsibility placed in the chief executive officer, the Governor of Georgia.
The committee recommends that the Executive Department of the State government of Georgia be organized as follows:
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CHIEF EXECUTIVE GOVERNOR ELECTIVE (Constitutional)
OFFICIALS APPOINTED BY THE GOVERNOR:
Highway Board-Three members. One term expiring every two years.
Department of Audits-One member holding for four years.
Veterans' Service Office-One member, holding concurrent with Governor.
Department of Health-One member, holding concurrent with Governor.
Department of Natural Resources-One member, holding concurrent with Governor.
Board of Control for Eleemosynary Institutions-Twelve members, consisting of Governor, one member holding at pleasure of and concurrent with Governor, and one member from each Congressional District, five of these terms expiring every two years.
Board of Regents-Twelve members, consisting of Governor, one member holding at pleasure of and concurrent with Governor, and one member from each Congressional District, five of these terms expiring every two years.
TAXATION ........... ComptrollerGeneral. ....... Elective (Constitutional)
TREASURY . . . . . . . . . . State Treasurer ... Elective (Constitutional)
SECRETARY OF STATE.................. Elective (Constitutional)
LEGAL DEI'ARTMENT .Attorney-General.. Elective (Constitutional)
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367
EDuCATIONAL........ State School Commissioner... Elective (Constitutional)
AGRICULTURE ........ Commissioner..... Elective (Statutory)
PRISONS ............ Three Commissioners ......... Elective (Statutory)
UTILITIES ........... Three Commissioners ......... Elective (Statutory)
INDUSTRIAL RELATIONs-Three Commissioners-One elective, two appointed (Statutory).
STATE HIGHWAY DEPARTMENT
FINDINGS
This department is controlled by a State Highway Board composed of three members appointed by the Governor and holding office for a term of six years, one member from each of three geographical divisions of the State.
This department has more funds than all the other departments of the State combined and there has been much criticism of the activities of the board. The powers of this board are broad and it is suggested that they be more closely defined through proper legislation. It is the duty of this board to build and maintain the State highway system. It is suggested that this department be given supervision of all public building programs of the State. This department, as well as others, has a custom of drawing its funds from the State Treasury before they are actually needed. It is suggested that this is a dangerous practice.
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There have been numerous complaints regarding this department from citizens of the State. Among these complaints being, that salaries in this department range much too high, especially among higher officials; that there are too many automobiles owned and operated by the department and that cars of a higher price than is economical or necessary are, in many instances, used; that expense accounts are, in many instances, unreasonably high; that there is excessive personnel, especially in the maintenance department; that maintenance practices are, in many instances, unnecessary and extravagant; that there is unnecessary overhead personnel; and numerous other complaints of a similar nature.
Numerous plans for a reorganization of the administrative head of this department have been advanced. They range from a single official elected by the people to a commission of ten, one from each Congressional District appointed by the Governor. There also prevails a strong sentiment for the organization of the board remaining as at present with a sweeping revision of the laws governing its activities.
RECOMMENDATIONS
The committee recommends that the Highway Board discharge all unnecessary employes, regulate salaries on a scale in keeping with the general economic conditions, dispose of all unnecessary automobiles, discontinue the practice of purchasing expensive automobiles with heavy upkeep, dispense with the services of personal chauffeurs supported by State funds, curb expense accounts, and give such intelligent and business administration to the affairs of the department as to secure for the people of Georgia the greatest possible value for the funds expended.
The committee recommends that the salaries of head officials in this department be fixed by law, that the office of special attorney for the Highway Department be abolished, and that such attorney as is assigned to attend
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369
to the legal work of this department by the office of the Attorney-General be permitted to act as secretary for this department.
DEPARTMENT OF AUDITS AND ACCOUNTS
FINDINGS
The head of this department is known as the "State Auditor" and is appointed by the Governor and confirmed by the Senate. His term of office is four years. It is his duty to audit all State departments, and institutions, except those accounts now audited by State school auditors; to devise and establish forms and records for collecting and paying out all funds and revenues; to examine all financial transactions of all departments, institutions, agencies, commissions, bureaus and officers; to prepare annual reports on the management of each department and other reports as requested by the General Assembly and to make special examination of agencies having possession or custody of State funds.
There has been much criticism by private citizens of purchases made by departments and institutions of the State and it has been suggested that large sums of money can be saved the State by having under this department a special supervisor of purchases appointed by the Governor whose duty it shall be to supervise all purchases, make such special investigation into purchases as directed by the Governor, and perform other similar duties.
It has been suggested that the State Auditor be required to furnish annually to the members of the General Assembly and the Governor a complete report showing the entire personnel of the State government and every unit of the government, said report showing name, address, duties, salary and expenses of each such official and employe, and number, make and capacity of all motor vehicles owned and operated by the State. Said information to
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be arranged according to units and to show the appropriation for such unit.
It is suggested that the State Auditor be required to
install proper records for transaction of the affairs of each department or unit in order that all bookkeeping be run in a uniform and efficient manner.
Public Printing-(Commissioners of Public Printing):
The Commissioners of Public Printing are Secretary of State, Comptroller-General and Treasurer.
The Superintendent of Public Printing is appointed by the Governor for a term of four years and must have had five years experience as a practical printer. He is executive member of the Commission of Public Printing.
It is the duty of this department to let contracts for printing the acts and journals of the House and Senate and reports of all departments and such other printing as may be required by law.
There has been a great deal of criticism of this department from officials and private citizens.
State School Auditor:
This official is appointed by the State Superintendent of Schools, with the advice and approval of the State Board of Education. His term is indefinite. There is also provided an assistant to the State School Auditor with an indefinite term. It is the duty of this official to audit and check the book accounts of the County Superintendents and Treasurers of local school systems.
It has been suggested that an audit of the affairs of this department by an official not under direct supervision of the department would more nearly safeguard the State's interest and insure a more efficient check upon its activities. It appears that this work should be under direct supervision of the State Auditor.
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RECOMMENDATIONS
The committee recommends:
That the State Auditor be required to install a uniform system of records in every department and unit of the executive branch of the State and that such departments and units be required to use such system.
That the Governor appoint a supervisor of purchases, who shall hold office at the pleasure of the Governor and who shall be under the Department of Audits and Accounts. He shall perform the duties of the Commission of Public Printing and the Superintendent of Public Printing. He shall also have authority to investigate or supervise at the request of the Governor all purchases of every department.
That the State Auditor be required to publish annually by July 1st of each year, a report showing the entire personnel of every department or unit of the State Government, their names, addresses, duties, salaries and expenses, the number, make, capacity and model of all motor vehicles owned or operated by the State, and the appropriation to each department for the current year of such report, this information to be arranged according to departments or units.
That the commission of Public Printing and Superintendent of Public Printing be abolished.
That the State Auditor be required to make a complete audit of all accounts of every nature in every ~partment or unit of the executive branch of the State Government including athletics and special farm accounts.
That the office of State School Auditor and Assistant State School Auditor be abolished and the duties and functions of the office be placed in the State Auditor.
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VETERANS' SERVICE OFFICE
FINDINGS
Commissioner of Pensions: The State Commissioner of Pensions is elected by popular
vote under a statutory provision and holds office for a term of two years. His chief duty is to disperse the pension funds of the State and keep a record of State Confederate Veterans and those qualified to receive State pensions.
Veterans' Service Bureau: The head of this department is known as Director and
is appointed by the Governor for a term of two years and must be an ex-service man. The law provides that his office shall be in the office of the State Pension Commissioner. It is his duty to disseminate information regarding federal legislation on compensation and other matters relating to ex-service men and women.
Georgia Soldier Roster Commission-(Roster of Soldiers and Sailors in the War Between the States):
This commission is composed of Adjutant-General of the State, Commissioner of Pensions, General C. A. Evans, General John B. Gordon, and the Governor of Georgia. Its duty is to make a roster of the Georgia soldiers, sailors, and marines who served in the War between the States from 1861 to 1865, and to declare the force and effect of such roster when made.
It has been suggested~ and appears very reasonable, that the work of these three departments can easily be merged in to one office with the head of the department appointed by the Governor.
RECOMMENDATIONS The committee recommends: That a Veterans' Service Office be created.
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373
That the Director be appointed by the Governor for a term concurrent with that of the Governor.
That the office of Commissioner of Pensions be abolished and the duties and functions of this office be placed in the Director of Veterans' Service Office.
That the present Commissioner of Pensions be designated as the Director of the Veterans' Service Office for the first term.
That the Veterans' Service Bureau be abolished and the duties and functions of this office be placed in the Director of the Veterans' Service Office.
That Georgia Soldier Roster Commission be abolished and the duties and functions of this office be placed in the Director of the Veterans' Service Office.
That the present Director of the present Service Bureau and Secretary of the present Soldiers Roster Commission be employed under the first Director of the Veterans' Service Office in performing the duties of the office.
HEALTH DEPARTMENT
FINDINGS
The State Board of Health is composed of Secretary of State, Superintendent of Schools, State Veterinarian, and twelve other citizens appointed by the Governor, one from each congressional district, the majority of whom must be doctors. The term of office is six years.. It is found that the terms of office of the members of the board are so arranged that no one Governor has power to appoint more than a minority of the membership (the terms of only four members expiring during each administration). Under such plan the head of the department is not directly responsible to the people or to any public official who is accountable to the people. This board has charge of all
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matters relating to the supervision of the life and health of the people of the State.
It is suggested that the duties of this board are of such vital interest to every citizen of the State that the head of this department should be directly responsible to the people.
There has been criticism of some practices of the board. Among them being the establishment of a publicity department in this department with facilities for printing and distributing such matter as it desires; the purchasing of farms for institutions under its supervision with funds appropriated for maintenance and without special authority from the Legislature; and other matters of a similar nature which indicate unnecessary expenditures and possible extravagance.
This department has control of the Training School for Mental Defectives and the State Tuberculosis Sanatorium. (The committee has recommended elsewhere in this report the placing of these institutions under another department.)
RECOMMENDATIONS
The committee recommends:
There there be established a Department of Health with a director.
That the Director of Health be appointed by the Governor for a term concurrent with that of the Governor.
That the present Secretary of the Board of Health be named the first Director of the Department of Health.
That the State Board of Health be abolished.
That the duties and functions of the State Board of Health be placed in the Department of Health.
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DEPARTMENT OF NATURAL RESOURCES
FINDINGS
State Board of Game and Fish:
This board is composed of three members appointed by the Governor by and with the consent of the Senate for a term of six years, one from the northern portion, one from the southern portion and one in the tidewater region of the State. This board has charge of the game and fish laws of the State.
State Board of Forestry:
This board is composed of the Governor, Secretary of State, State Geologist, Director of Extension at the State College of Agriculture, and five other citizens of the Stateone representing the women's civic organizations of the State, and four representing farming, lumbering, lumber manufacturing, naval stores or timber land owning interest within the State, who are named with reference to geographical location. The members are appointed by the Governor for a term of four years. Its chief duty is to investigate and report on forest conditions in the State and give advice and aid to landowners with reference to matter pertaining to timber.
State Geologist:
The State Geologist is appointed by the Governor with the consent of an advisory board and holds for life. The advisory board is composed of the Governor, Commissioner of Agriculture, State Sc;hool Commissioner, State Treasurer, Comptroller-General, Secretary of State, and Attorney-General. His duty is to attend to general geological work in the State.
It has been suggested that the work of these departments deals with natural resources of the State and would thus appear to be closely allied and of direct interest to every citizen of the State. It is suggested as feasible and
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desirable to coordinate these departments under one head directly responsible to the people.
RECOMMENDATIONS
The committee recommends:
That there be created a Department of Natural Resources with a Director appointed by the Governor for a term concurrent with that of the Governor.
That the State Board of Game and Fish be abolished and the duties and functions of this department be placed in the Department of Natural Resources.
That the State Board of Forestry be abolished and the duties and functions of this department be placed in the Department of Natural Resources.
That the Board of Geologist be abolished and the duties and functions of this department be placed in the Department of Natural Resources.
That the present Fish and Game Commissioner, State Forester, and State Geologist be employed in the Department of Natural Resources during the remainder of their present term of office.
That the Director of the Department of Natural Resources be also head of the division of Game and Fish in said Department, without additional salary.
ELEEMOSYNARY INSTITUTIONS
FINDINGS
State Tuberculosis Sanatorium: This institution is under control of the State Board of
Health. Its duty is to care for and treat citizens of the State suffering with tuberculosis.
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377
Georgia Training School for Mental Defectives:
This institution is under control of the State Board of Health. Its duty is to care for and treat mentally defective children of the State.
Milledgeville State Hospital:
This institution is under control of a Board of Trustees composed of nine citizens appointed by the Governor for a term of four years. Its duty is to care for and treat insane citizens of the State.
Georgia Training School for Boys:
This institution is under control of a Board of Trustees composed of State School Superintendent, Secretary of State, Board of Health and five other citizens of the State appointed by the Governor for a term of four years. This is the State corrective institution to care for boys committed to it by the Juvenile Courts of the State.
Georgia Training Schoolfor Girls:
This institution is under control of a Board of Trustees composed of five citizens appointed by the Governor for a term of four years. This is the State corrective institution to care for girls committed to it by the Juvenile Courts of the State.
School for Deaf:
This institution is under control of a Board of Trustees composed of seven members appointed by the Governor for indefinite terms. Its duty is to instruct deaf children of the State.
Academy for the Blind-(Board of Visitors):
This institution is under control of a Board of Trustees composed of seven members which was already serving when said institution was taken over by the State. They serve as a self-perpetuating body.
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This institution is also served by a Board of Visitors, composed of ten citizens appointed by the Governor for an indefinite term.
Confederate Soldiers' Home:
This institution is under control of a Board of Trustees composed of President Fulton County Chapter, U. D. C., State President, U. D. C., President Atlanta Chapter, U. D. C., Chairman Soldiers' Home Committee, Georgia Division, U. D. C., one citizen from each Congressional District who shall hold office for a term of five years, and two ladies from the State at large. It is the duty of this institution to receive and care for indigent Confederate Veterans.
It has been suggested that this institution be abolished and other provisions be made for the care of its inmates; that the number of such inmates has decreased to the point that such change would prove economical for the State.
It has been suggested that the administrative features of these institutions are of a similar nature and that their work is of such vital interest to every citizen of the State as to demand an administrative head directly responsible to the people. It appears that these institutions should be coordinated under a single board, appointed by the Governor, with a secretary permanently located at the Capitol, such arrangement giving more efficient administration and also giving the people of the State closer and more direct contact with their eleemosynary institutions.
RECOMMENDATIONS
The committee recommends:
That the State Tuberculosis Sanatorium and the Georgia Training School for Mental Defectives be removed from under control of the State Board of Health.
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That the six Boards ofTrustees and one Board of Visitors of the other six institutions be abolished.
That these eight institutions be coordinated under a single Board of Control of Eleemosynary Institutions.
That this board be composed of the Governor of Georgia, one citizen from each Congressional District and one citizen from the State at large. Five of those from each Congressional District to be appointed for a term to expire with the regular term of the present Governor of Georgia, and five for a term to expire with the regular term of the next succeeding Governor of Georgia, and at the expiration of their terms every member to be appointed for a term of four years. The one from the State at large to be appointed by the Governor and to hold office at the pleasure of the Governor.
That this board appoint a secretary who shall devote his entire time to the work and who shall hold office at the pleasure of the board and whose office shall be in the State Capitol.
UNIVERSITY OF GEORGIA AND ITS BRANCHES
FINDINGS
There are twenty-six boards governing the University of Georgia and its branches.
The boards and institutions are as follows: Board of Trustees of University of Georgia-36 members. Board of Visitors of University of Georgia-5 members.
Board of Trustees State College of Agriculture-13 members.
Board of Trustees School of Technology, Atlanta-17 members.
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Board of Trustees South Georgia Teachers' College, Statesboro-17 members.
Board of Trustees Georgia State College for Men, Tifton -9 members.
Board of Trustees State Agricultural and Normal College, Americus-9 members.
Board of Trustees Fourth District A. & M. School, Carrollton-9 members.
Board of Trustees Georgia Vocational and Trades School, Monroe-8 members.
Board of Trustees Georgia Industrial College, Barnesville--11 members.
Board of Trustees Seventh District A. & M. School, Powder Springs-17 members.
Board of Trustees Eighth District A. & M. School, Madison-10 members.
Board of Trustees Ninth District A. & M. School, Clarkesville--14 members.
Board of Trustees Tenth District A. & M. School, Granite Hill-12 members.
Board of Trustees South Georgia State College, Douglas -14 members.
Board of Trustees Middle Georgia College, Cochran12 members.
Board of Trustees Bowdon State Normal & Industrial College--tO members.
Board of Trustees Georgia State Woman's College, Valdosta-16 members.
Board of Trustees Georgia State College for Women, Milledgeville--8 members.
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Board of Visitors Georgia State College for Women. Milledgeville-12 memhers.
Board of Trustees Georgia State Teachers' College, Athens-23 members.
Board of Trustees State Medical College-9 members.
Board of Trustees North Georgia College, Dahlonega12 members.
Board of Trustees Alexander H. Stephens Institute, Crawfordsville-8 members.
(Negro Schools): Board of Trustees State Industrial College, Savannah-
S members.
Board of Trustees Normal and Agricultural College, Albany-8 members.
Board of Trustees Forsyth A. & M. School, Forsyth-7 members.
Coastal Plains Experiment Station, Tifton:
This institution is governed by a board of trustees composed of the Governor of Georgia, Commissioner of Agriculture, and seven other citizens appointed by the Governor and holding office for an indefinite term. The duty of this institution is to make agricultural experiments and is of an educational nature.
Georgia Experiment Station, Griffin:
This institution is governed by a board of trustees composed of Commissioner of Agriculture, Chancellor of University of Georgia, President of College of Agriculture and twelve other citizens appointed by the Governor and holding office for a term of four years. This institution receives federal aid. The duty of this institution is to make agricultural experiments and hold farm institutes in the State, and is of an educational nature.
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This is a total of twenty-seven institutions-twenty-seven boards of trustees with a total membership of three hundred forty-one-two boards of visitors with a total membership of seventeen.
In many instances members of one board of trustees also serve on other boards of trustees so that the actual number of citizens serving as trustees is smaller than the total number of trustees for all the institutions. In practically every instance the boards are so organized that only a minority of the membership are appointed during any one administration.. Under such system the institutions are not directly responsible to the people either through the boards that govern them or the official appointing the members of the board.
It appears that the board of trustees of the Alexander H. Stephens Institute does not function and that the State does not make appropriations to this school. It is also found that the Legislature has made appropriations to Georgia Military College at Milledgeville for the past few years although this institution is not considered a regular branch of the university system.
There is a total of twenty-seven educational institutions receiving financial support from the State and one branch of the university system that is not receiving financial support.
There has been much discussion regarding the State's university system and there seems to prevail an opmton that it is at present in a chaotic condition. Numerous plans have been proposed for systematizing these schools and there is cons!derable difference of opinion among the heads of these nstitutions regarding such changes. Some made definite suggestions regarding a central governing board for all the schools while others expressed pronounced opposition to such plan. Heads of some of these institutions candidly advised that the maneuverings of the heads of these institutions were largely responsible for Georgia's.
TuEsDAY, JuLY 7, 1931.
383
present unbalanced budget. The Chancellor of the University of Georgia advised of an organization composed of officials of the various institutions for the purpose of obtaining from the Legislature the greatest possible appropriations for the university system.
It is found that some of these institutions do both high school and college work, others do only high school work and others do only regular college work. It is claimed by private citizens that there is considerable overlapping of work, it having been pointed out that among institutions located in one city there is overlapping and duplication in about fifteen departments or courses of study.
There has been much matter regarding these institutions presented to the committee, which has been filed with the records and is open for inspection. It is found that salaries are unusually high and expense accounts excessive among officials of some of these institutions. Expensive Stateowned automobiles with heavy upkeep are operated by several of these officials. There has been complaint by private citizens of unnecessary expenditures in numerous instances.
RECOMMENDATIONS
The committee recommends:
That the twenty-five boards of trustees of the university and its branches and the two boards of visitors of said institutions be abolished.
That the two boards of trustees of the experiment stations be abolished.
That the branch of the University of Georgia known as the Alexander H. Stephens Institute (which does not receive financial aid from the State) be discontinued.
That the appropriation to the Georgia Military College be discontinued.
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JouRNAL oF THE HousE,
That a central governing board for the twenty-four branches of the University which are now receiving financial aid from the State and the two experiment stations to be known as a Board of Regents be established.
That this board be composed of the Governor of Georgia, one citizen from each congressional district and one citizen from the State at large. Five of those from each Congressional District to be appointed for a term to expire with the regular term of the present Governor of Georgia, and five for a term to expire with the regular term of the next succeeding Governor of Georgia, and at the expiration of their terms every member to be appointed for a term of four years. The one from the state at large to be appointed by the Governor and to hold office at the pleasure of the Governor.
That this board appoint a secretary of the board who shall devote his entire time to the work and who shall hold office at the pleasure of the board and whose office shall be in the State Capitol.
COMPTROLLER-GENERAL
FINDINGS
Comptroller-General:
This official is provided for in the Constitution of the State. He is elected by popular vote for a term of two years. It is the duty of this official to keep a record of all funds deposited with the Treasury Department and a record of all appropriations, to countersign warrants and see that no warrants are issued in excess of appropria~ tions, to keep numerous other records, to collect taxes, to make settlements with County Tax Collectors, and perform other duties. This office during 1930 collected over $22,000,000.00 of the revenue of the State.
TuESDAY, JuLY 7, 1931.
385
Insurance Commissioner-(Comptroller-General):
The Comptroller-General is Insurance Commissioner of Georgia. He has the right to appoint a Deputy Insurance Commissioner. It is the duty of this office to regulate and supervise the activities of insurance companies doing business in the State and fix rates in certain instances. Insurance taxes are collected through this office. The committee has recommended elsewhere in this report that all powers of this department, except ,tax collecting powers, be transferred to the Secretary of State.
Motor Vehicle Commissioner-(Secretary of State):
The Secretary of State is Motor Vehicle Commissioner of Georgia. It is the duty of this office to collect motor vehicle taxes and enforce the motor vehicle laws.
State Tax Commissioner:
The State Tax Commissioner is appointed by the Governor for a term of six years. It is the duty of this office to investigate all matters of taxation and make recommendations to the General Assembly, to examine the various Tax Digests of the several counties and equalize values as between such counties, and to collect the sales tax and income tax.
Department of Revenue:
This office is administered by a Commissioner of Revenue appointed by the Governor for a term of six years. The Governor has the right to remove this official under certain conditions. The Commissioner has the right to appoint six Deputies to assist in the duties of the office. It is the duty of this office to collect delinquent taxes of every kind that may be due the State of Georgia, and to collect the cigar and cigarette stamp tax.
There was a prevailing sentiment among officials of these departments that the entire tax collecting functions and duties should be centralized under one responsible head.
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JouR~AL OF THE HousE,
There have been numerous suggestions of a similar nature from private citizens throughout the State.
Numerous methods of selecting the head of this depart~ent have been suggested. Among them are the followmg:
1. Three Commissioners appointed by the Governor and holding office concurrent with the Governor.
2. Three .Commissioners appointed by the Governor for two, four and six years, and their successors holding office for six years.
3. One Commissioner appointed by the Governor, holding office either concurrent with the Governor or for a definite term.
4. Comptroller-General, now provided in the Constitution of Georgia, elected by the people and holding office for two years.
RECOMMENDATIONS
The committee recognizes the collection of taxes as a major function of the Executive Department, and of direct and vital interest to every citizen of the State. It is, therefore, recommended that all State tax collecting agencies be abolished and the duties of administering the State revenue laws be placed in the Comptroller-General of Georgia, now provided in the Constitution of the State.
The committee recommends:
That the office of Motor Vehicle Commissioner be abolished and the duties and functions of the office be placed in the Comptroller-General.
That the office of Insurance Commissioner be abolished and that the tax collecting duties of the office be placed in the Comptroller-General. (The committee has recommended elsewhere in this report that the other duties and
TuEsDAY, JuLY 7, 1931.
387
functions of this department be placed in the Secretary of State).
That the office of State Tax Commissioner be abolished and the duties and functions of this office be placed in the Comptroller-General.
That the Department of Revenue be abolished and the duties and functions of this department be placed in the Comptroller-General.
That the present Commissioner of Revenues be retained in the office of the Comptroller-General for the remainder of his present term.
TREASURY
FINDINGS
The committee finds that funds collected are for the most part deposited with the State Treasury Department and administered in a safe and efficient manner while such funds are in its custody.
It appears that in certain instances departments are drawing funds from this department before they are actually needed and depositing these funds to the credit of such department with such bank as desired. There is no legal safeguard for funds so deposited, they being beyond the jurisdiction of the Treasury Department of the State.
RECOMMENDATIONS
It is recommended that the State Treasurer, as now provided in the Constitution of the State, have complete custody and control of all State funds until they are actually expended, and that he be held responsibile for the safety of such funds.
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JouRNAL OF THE HousE,
SECRETARY OF STATE
FINDINGS
The Secretary of State is provided for in the State Constitution. He is elected by popular vote for a term of two years. The functions of this office are such that he is naturally the keeper of the records of the State.
There are tax collecting duties now being performed by this office. The committee has recommended elsewhere in this report that such duties be transferred to the Comptroller-General's office.
There are numerous functions which it appears would properly come under the supervision of this Constitutional official. The Secretary of State is now keeper of the Great Seal of the State.
Corporation Commissioner: The Secretary of State is also Corporation Commis-
sioner. He is supposed to keep a record of all corporations in this state.
Securities Commission: The Securities Commission is composed of the Secre-
tary of State, Attorney-General and Commissioner of Commerce and Labor. This commission has authority to employ a Chief Examiner. Its chief functions are the administration of the "Blue Sky" laws of the State and supervision of dealers in securities.
Insurance Commissioner: The Comptroller-General is at present the Insurance
Commissioner of Georgia. The Insurance Commissioner collects all insurance taxes and supervises insurance companies doing business in the State. The committee has recommended elsewhere in this report that the tax collecting powers of the Insurance Commissioner be transferred to the Comptroller-General.
TuE~DAY, JuLY 7, 1931.
389
Superintendent of Banks:
The Superintendent of Banks has supervision of State banks and liquidation of insolvent State banks. He is appointed by the Governor by and with the consent of the Senate and holds office for a term of four years. This department was created in 1919. There has been statewide interest in and criticism of the activities of this department. Attorney fees in this department have been shown to be excessive. Huge sums of money belonging to the people are involved in the banks of the State and it is suggested that the official having supervision of the banks should be directly responsible to the people. It is also suggested that in as much as State banks are supported primarily by local depositors the liquidation of insolvent banks should be placed in proper local authorities as was heretafore provided by law.
Fourteen State Boards of Examiners:
Public Accountants Veterinary Osteopathic Pharmacy Nurses Optometry Embalming
Medical Chiropractic Dental Barbers Architects Stationary Engineers and
Firemen Bar.
It is found that the above named Boards of Examiners do not have any direct contact with the people themselves or with any official who does have such contact. They do not have a common place for keeping the records of professional men licensed to practice their respective professions or a systematic method of keeping such records among the respective boards. It is suggested that the people for whose welfare such boards are created should have free, public and ready access to the entre records of these various boards and that such records should be kept at the State Capitol.
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JouRNAL OF THE HousE,
State Historical Commission-(Department of Archives and History):
The State Historical Commission is composed of the Governor, Secretary of State, State Treasurer, AttorneyGeneral, Secretary of Agriculture, State School Superintendent, Commissioner of Commerce and Labor, Commissioner of Pensions, Tax Commissioner, and State Librarian. They select a State Historian, who holds office for six years and until a successor is selected. This department has charge of the records and history of the State.
It appears that this work is closely connected with that of the Secretary of State and it is suggested that it should be under his supervision.
Georgia Real Estate Commission:
This commtss10n is composed of three members appointed by the Governor for a term of three years. The Commission has power to appoint a Secretary and Treasurer, Clerks and assistants and Attorneys. It is the duty of this Commission to license and regulate real estate brokers and real estate salesmen. It appears that the functions of this department are closely allied with other units regulating corporations and securities and could easily be coordinated with such units.
RECOMMENDATIONS
The committee recommends:
That the office of Corporation Commissioner be abolished and the duties and functions of the office be placed in the Secretary of State.
That the office of Securities Commissioner be abolished and the duties and functions of the office be placed in the Secretary of State.
That the office of Insurance Commissioner be abolished and the duties and functions of the office (except the collection of .taxes) be placed in the Secretary of State.
TuEsDAY, JuLY 7, 1931.
391
That the office of Superintendent of Banks be abolished and the regulatory duties and functions of the office be placed in the Secretary of State. And that the liquidation duties and functions be placed in the local Superior Courts.
That the fourteen Examining Boards be consolidated
under a single Secretary in the office of and under the
supervision of the Secretary of State with an office in the Capitol, this Secretary to be appointed by the Secretary of State.
That the Department of Archives and History {State Historical Commission) be abolished and the duties and functions of the office be placed in the Secretary of State.
That the Georgia Real Estate Commission be abolished, together with the offices provided thereunder, and the duties and functions of the office be placed in the Secretary of State.
LEGAL DEPARTMENT
FilfDIN'GS
The Attorney-General of Georgia is provided for in the State Constitution. The functions of this office are such that he is naturally the head of the legal depart-
ment of the executive branch of the government.
There are departments of the State provided by statute with legal help separate and distinct from the office of the Attorney-General. Other departments not provided with auch help are employing legal aid on their own accord and without any connection whatever with the legal department. It is found that attorney fees amount to well over one hundred thousand dollars annually, in addition to the annual appropriation for the support of the legal department.
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JouRNAL OF THE HousE,
It appears that the powers and duties of this office are very broad. However, numerous complaints have come to the committee as to failure on the part of this office to properly cooperate in the execution of the laws and in safeguarding the interest of the state. The total appropriation to this department at present is only $9,000 and it is evident that this is not sufficient to furnish necessary legal help to care for the entire legal work of the State.
The Attorney-General is a member of several other commissions and boards in the state.
It has been impressed by numerous officials and citizens that expanding governmental activities require a more comprehensive legal department, and that this department should have control or supervision of all legal work of the State.
RECOMMENDATIONS
The committee is of the opinion that thousands of dollars can be saved to the State and more efficient administration had by increasing the personnel and functions of the legal department. It appears that this department should be charged with all the legal work of the State. However, the Chief Executive should be given such power as to insure proper attention by this department to the legal affairs of the State.
The committee recommends enlarging the personnel of this office so as to include the Attorney-GenerCJ 1 and not exceeding six Assistant Attorneys-General. The Assistant Attorneys-General to be appointed by the Governor, approved by the Attorney-General and confirmed by the Senate. Their respective terms of office to be indefinite, with the Governor having the right to remove any Assistant Attorney-General with the approval of the Attorney-General.
The committee recommends that this department be required to attend to all legal affairs of every department of the executive branch of the State Government.
TUESDAY, JuLY 7, 1931.
DEPARTMENT OF EDUCATION
FINDINGS
The State Superintendent of Schools has supervision of the public school system of the State and the funds appropriated by the Legislature for grammar and high school work. He is elected by popular vote under a constitutional provision for a term of two years. The State Superintendent of Education is also working under the supervision of two boards and two commissions, as follows:
State Board of Education-(State School Book Commission):
This board is composed of the Governor, Superintendent of Schools and four other persons appointed by the Governor for a term of four years. This board makes rules and regulations for supervision of all schools in the State, provides courses of study in common and high schools, selects text-books to be used in such schools, and is a final board of appeal from the acts of the Superintendent of Schools.
State Board of Vocational Education: This board is composed of Chancellor of University,
State Superintendent of Schools, three citizens (one representing manufacturing and commercial interests, one representing agriculture, and one representing labor) and two members who are trustees of the district agricultural and mechanical schools. The five last mentioned members are appointed by the Governor and hold office until their successors are appointed and qualified. Their chief duty is to take advantage of federal funds for vocational education in Georgia.
Georgia Illiteracy Commission: This commission is composed of the Governor, Super-
intendent of Schools and eight citizens appointed by the Governor and holding office for four years. The chief
394
JouRNAL oF THE HousE,
duty of this commission is to make research work with regard to illiteracy in the State and to receive and disburse private funds contributed for this work.
The State Superintendent of Schools suggests the abolition of all the boards and commission except one and that said remaining board name the State Superintendent of Schools. He also recommends a new school code for public and high scho::>l work in the State, and that the State discontinue appropriations to the Department of Education for summer school work, he stating that there is no longer need for this work in this department. He advises of extension work done under the supervision of this department with funds appropriated through the College for Women at Milledgeville.
It has been suggested by numerous citizens that this department is in many instances extravagant; that economies could be practiced with great savings to the State and equal benefits to the schools; and that there are instances of both inefficiency and incompetency. There has been widespread protest against the practice of this department supplementing the salaries of the county school superintendents out of the State funds, and employing unnecessary supervisors and other officials with large salaries and expense accounts.
This department has its own special auditor under the supervision of the head of the department. It has been suggested that this work should be under the supervision of the State Auditor in the Department of Audits and Accounts.
RECOMMENDATIONs
It appears to the committee that there is no need for the State Superintendent of Schools and three separate boards, all performing similar duties. It might, however, be inadvisable to place the responsibility of selecting public school books in the hands of a single official.
TuESDAY, JuLY 7, 1931.
395
The committee recommends the abolition of the State Board of Vocational Education, the State School Book Commission and the Georgia Illiteracy Commission, and that the duties and functions of these boards and commissions be placed in the State Board of Education.
The committee recommends that appropriations for summer school work in this department be discontinued, and that appropriations for extension work to the College for Women at Milledgeville. be made direct to this department, if necessary at all.
The committee is of the opinion that there are many desirable changes that could be made in the laws governing the conduct of this department, but that such changes would not materially affect the method of selecting the administrative head of the department and are, therefore, beyond the jurisdiction of the work of this committee.
The committee has recommended elsewhere in this report that the office of State School Auditor in this department be abolished and the duties and functions of the office be transferred to the State Auditor.
DEPARTMENT OF AGRICULTURE
FINDiNGS
Commissioner of Agriculture: The Commissioner of Agriculture is elected by popular
vote and holds office for a term of two years. It appears that agricultural work has already been fairly well coordinated in this department, with the Commissioner of Agriculture in charge, except in a few instances. There is a state-wide interest in the activities of this department. Many claim it is of no value, while others charge extravagance and inefficiency.
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JouRNAL OF THE HousE,
Attention has been called to duplication of work by the State College of Agriculture and this department. It has been suggested that the department is engaged in many useless and expensive lines of work, special attention having been called to the Market Bulletin. The Commissioner of Agriculture expressed a willingness to conduct the department on such appropriation as the Legislature desires to make for its support.
There has been complaint by numerous private citizens regarding veterinary work in this department. The State Veterinarian is appointed by the Commissioner of Agriculture with the endorsement of the State Board of Veterinary Examiners and holds office for life, or during good behavior and the performance of his duties. It has been suggested that this term of office be limited.
There are a number of private veterinarians who, in addition to doing their own private work, are paid a salary and expenses by this department. Private practitioners have filed protest to this practice, which they deem unfair competition.
The Department of Agriculture has large sums of money 'appropriated to it annually and it is contended by numerous citizens that benefits received are not sufficient to warrant such expenditures.
State Board of Entomology:
The State Board of Ent')mology is composed of the Commissioner of Agriculture and one member who is a practical horticulturist and one member who is a practical farmer. These two members hold office for a term of six years. This board selects the State Entomologist. There does not seem to be any definite term for this official. This board administers the laws relating to diseases in plant life and horticultural work.
TuEsDAY, JuLY 7, 1931.
397
RECOMMENDATIONS
The committee recommends:
That the term of office of the State Veterinarian be limited to four years and that he be appointed by the Commissioner of Agriculture.
That the present State Veterinarian be named State Veterinarian for the first term.
That the practice of employing part-time Veterinarians be discontinued.
That the State Board of Entomology be abolished and the duties and functions of the board be placed in the Commissioner of Agriculture.
PRISON COMMISSION
FINDINGS
There has been little criticism of the Prison Commission of Georgia. It is composed of three members elected by popular vote and holding office for a term of six years. This Commission has charge of the State prisoners and pnson camps.
The Prison Commission is designated as the Board of Pardons. It is their duty to investigate and recommend to the Governor in executive clemency cases and make rules and regulations for parole of convicts.
RECOMMENDATIONS
The committee recommends that this department be continued as at present, and that it be given the additional duty of inspecting county jails.
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JouRNAL or THE HousE,
GEORGIA PUBLIC SERVICE COMMISSION
FINDINGS
This Commission is composed of five members, holding office for a term of six years. They are elected by popular vote. The chief duties of this commission are regulation of public utilities and utility rates. The terms of office are so arranged that only two members are elected at one time.
There have been numerous complaints regarding this department. Chief among these being that the method of securing financial support of the department was undesirable; that there are more members than necessary to perform the .duties of office; that the work of this department, having been materially broadened during recent years, is of vital interest to all the people of the State: and that responsibility to the people should be more definitely placed.
It has been suggested that the office of Special Attorney in this department be abolished and that the Legal Department of the State be required to furnish necessary legal aid for this department.
RECOMMENDATIONS
The committee recommends that the membership of this Commission be reduced from five to three, and that all three members be elected by popular vote for a term of four years. The committee also recommends that the office of Special Attorney for this department be abolished.
DEPARTMENT OF INDUSTRIAL RELATIONS
FINDINGS
Department of Commerce and Labor: The Commissioner of Commerce and Labor is elected
by popular vote for a term of two years, as provided by
TUESDAY, JuLY 7, 1931.
399
statute. His chief duties are enforcement of child labor laws .and gathering of statistics regarding commercial and labor activities in the State.
Industrial Commission:
This department is composed of four members, the Commissioner of Commerce and Labor, who is ex-officio chairman of the commission, the Attorney-General and two other members appointed by the Governor for a term of four years, one from the group of employers and one from the group of employed. It is the duty of this commission to administer the workmen's compensation laws of the State.
It has been pointed out that the functions of this department are of a quasi-judicial nature; that the AttorneyGeneral does not .attend the meetings of the commission or perform any of its duties; and that the expenses of the commission are steadily and rapidly increasing. It is contented by private citizens that the increased cost is excessive and unwarranted. The commission is supported through levies made on industrial insurance companies and business institutions that are self-insurers.
It was pointed out by the Commissioner of Commerce and Labor that there are only three other states that elect either this official or any member of the Industrial Commission.
RECOMMENDATIONS
The committee recommends:
That there be created a Department of Industrial Relations consisting of three members, one member to be known as Director of the Department of Industrial Relations and to be elected by popular vote for a term of two years, and two members to be appointed by the Governor, one for a term of two years and one for a term of four y~ars, and thereafter both to hold for a term of four years.
400
JouRNAL OF THE HousE,
That the Department of Commerce and Labor be abolished, together with the respective offices created therein, and that duties and functions of the department and officials therein be placed in the Department of Industrial Relations.
That the present Commissioner of Commerce and Labor be named as Director of the Department of Industrial Relations for the first term.
That the Industrial Commission be abolished and the duties and functions of the Commission be placed in the Department of Industrial Relations.
That the member of the present Industrial Commission whose term of office as presently fixed extends beyond the date when the changes herein proposed go into effect shall be retained as a member of this department for one of the initial terms of office.
GENERAL
FINDINGS
Board of Public Welfare: This board is composed of five members appointed by
the Governor for a term of five years. The duties of this board are strictly visitorial and advisory. It is their duty to inspect and examine county jails and institutions in the State of an eleemosynary, charitable, correctional and reformatory character.
Board of Harbor, Port and Terminal Commission: This board is composed of five members, the Governor
of Georgia, Secretary of State, Commissioner of Agriculture, one member nominated by the Manufacturers' Association of Georgia and appointed by the Governor, and one member nominated by the Farmers' Union of Georgia and appointed by the Governor. The two last named
TuEsDAY, JuLY 7, 1931.
401
members to hold office for a term of five years. It is the duty of this Commission to have maps and surveys made of all ports and terminal facilities along the coast of Georgia and surveys of tonnage moving by way of such ports and terminal facilities.
Georgia State Canal and Waterway Commission:
This Commission is composed of the Governor of Georgia and three citizens of the State appointed by the Governor for a term of two years. It is the duty of this Commission to investigate the advisability of a canal from the Atlantic Ocean to the Gulf of Mexico through Georgia, and bring to the attention of proper Federal authorities the importance of such canal.
Community Service Commission:
This Commission is composed of the Governor and two members (one of whom shall be a woman) from each Congressional District. The members hold office for a term of two years. It is the duty of this Commission to consider and investigate all problems of reconstruction and matters involving the general public welfare.
RECOMMENDATIONS
The committee recommends:
That the Board of Public Welfare, together with its duties and functions, be abolished.
That the Board of Harbor, Port and Terminal Commission, together with its duties and functions, be abolished.
That the Georgia State Canal and Waterway Commission, together with its duties and functions, be abolished.
That the Community Service Commission, together with its duties and functions, be abolished.
It is evident from the findings and recommendations that your committee is not dealing in personal matters
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JouRNAL oF THE Hot:sE,
or personnel of present officials; but with the larger field of a more efficient organization of State government. As an evidence of this fact, wherever consistent with the interest of the State, the committee has recommended that the office holder shall complete his tenure of office.
Respectfully submitted,
HuGH PETERSON, Chairman. G. A. HuDDLESTO:"<,
J. T. CoLsoN,
H. B. EowARDs, W. J. CROWE, Secretary,
Committee.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the reqms1te constitutional majority the following resolutions of the Senate, to-wit:
By Mr. McWhorter of the 50th District-
Senate Resolution No. 20. A resolution gtvmg assent of the State of Georgia to an Act of the United States Congress providing for the further development of cooperative agricultural extension work, and for other purposes.
By Mr. Harris of the 18th District-
Senate Resolution No. 32. A resolution relative to the unveiling of a memorial to Dr. Paul Fitzsimmons Eve at Augusta, Georgia, November 14, 1931, and for the appointment of a committee from the House of Represen-
TuEsDAY, JuLY 7, 1931.
403
tatives, and the State Senate of Georgia to attend as representatives of the General Assembly.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the reqms1te constitutional majority the following bills of the Senate, to-wit:
By Mr. Duckworth of the 7th District-
Senate Bill No. 5. A bill to be entitled an Act to repeal an Act fixing the salary of the Judge of the City Court of Cairo, and to debar him from practicing law in any courts save the Federal and Ordinary's Courts, approved July 27, 1929; to fix the salary of the said judge and to provide that he be allowed to practice law in all courts in which he may be licensed except the City Courts of Cairo and Whigham.
By Mr. Neill of the 24th District-
Senate Bill No. 15. A bill to be entitled an Act to change the time of holding Muscogee Superior Court, and for other purposes.
By Mr. Hand of the 8th District-
Senate Bill No. 13. A bill entitled an Act to amend Section 2112 of the Civil Code of the State of Georgia, 1910, so as to permit the use of peanut meal, feeds and hay in commercial feed stuffs, and for other purposes.
By Mr. Puett of the 40th District-
Senate Bill No. 30. A bill to be entitled an Act providing for placing the Treasurer of Towns County, Georgia, on a salary basis and to fix such salary, and for other purposes.
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JouRNAL OF THE HousE,
By Mr. Strickland of the 1st District-
Senate Bill No. 17. A bill to be entitled "An Act to regulate banking in the State of Georgia; to create the Department of Banking of the State of Georgia; to provide for the incorporation of banks within said State," 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 Messrs. Beaman, Leathers, and Lindsay of DeKalb, Gillen of Bibb, Williams of Emanuel, Fraser of Liberty, Sisk of Elbert, Stanton of Ware, Skelton of Hart, and others-
House Bill No. 7. A bill to be entitled an Act to regulate the practice of law and the performance of legal services; to protect the courts and the public in respect thereto; to prohibit corporations and voluntary associations and persons other than duly licensed attorneys-at-law from practicing law or performing legal services directly or indirectly; to define the practice of law; to define and punish attorneys-at-law for corrupt and deceitful practice, and to prescribe penalties therefor, and for other purposes.
Mr. Gullatt of Campbell moved the previous question.
Mr. Tippins of Evans moved that the House do now adjourn, and the motion was lost.
Mr. Stewart of Coffee moved to table the bill, and the motion was lost.
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.
TuEsDAY, JuLY 7, 1931.
405
On the passage of the bill, Mr. Mooty of Troup moved the ayes and nays, and the call was sustained.
Under Rule No. 22 of the House, Messrs. Lester of Richmond and Westbrook of Dougherty were excused from voting on House Bill No. 7.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alexander Almand Andrews Arrington Ashley Atwood Bargeron Barrett Battle Beaman Bean Bennett of Bacon Bennett of Jeff Davis Brannen Brown Bunn Burton Cain Cannon Carlisle of Bibb Carlisle of Gradv Cartledge Childs Clark Clement ~ of Marion Cochran Colson Courson Cowa t
Coza~t
Ora 1ford Cuwe Cullens Culpepper of Fayette Davis of Jackson
Davis of Mitchell
Kimsey
Davis of Troup
King of Clay
Donaldson
King of Newton
Duncan
Lance
Dykes
Lanham
Eckford
Lanier
Edwards of Gilmer
Leathers
Edwards of Lowndes Lewis of Gordon
Evans
Lewis of Hancock
Fagan
Lindsay
Fraser
Logan
Freeman
McElreath
Gillen
McGehee
Grayson
McKoy
Green
McRae
Griffin of Wilkes
McWhorter
Gullatt
Mattox
Hampton
Mercer
Harris
Meredith
Harrison of Camden Mixon
Harrison of Jenkins MootY
Hatcher
Morris
Hawes
Moye
Hodges
Mundy
Howard of Chatt'h'chee Musgrove
Hubbard of Habersham Myrick
Hubbard of Wilkinson Nelson of Cook
Huddleston
Nelson of Laurens
Hutcheson
Oliver
Hyman
Osteen
Johnson of Montgomery Pace
Kennedy
Parham
Key
Park
Killebrew
Patten
Kimbrough
Peebles
406
JouRNAL oF THE HousE,
Phillips Powell Preston Purdy Purvis Rabun Roberts Robertson Ross of Appling Ross of Dodge Rosser Scarbrough Sharpe Shirley Simmons
Sisk
Townsend
Skelton
Trapnell
Spivey
Trotter
Stanton
Turner
Still
Waldrop
Stone
Walker of Ben Hill
Strickland of Douglas Walker of Brooks
Strickland of Haralson Walker of Morgan
Sutton
Weeks
Swain
Whittle
Tate
Wilkes
Taylor
Williams
Thomason
Wood
Thompson
Yawn
Those voting in the negative were Messrs.:
Awtrey Chambers Dixon Edmondson Elliott Graham Griffeth
Johnston Jones of Paulding Lord Montgomery Paulk Pittard
Sammon Sims Stewart Tippins Walker of Screven Wilson
Those not voting were Messrs.:
Adams Allen Arnold Beasley Bland Brunson Bush Chalker Clements of Telfair Collier Culpepper of Echols Davis of Floyd Dorsett Edwards of Stephens
Franklin Gary Greer Griffin of Decatur Hardin Holt Horne Howard of Long Irvin James Johnson of Pike Johnson of Seminole Jones of Burke
Jones of Lumpkin Lester McLeod Mallard Mardre Maynard Pope Rivers Seckinger Thomas Wall Westbrook Mr. Speaker
By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 148, nays 19.
TuEsDAY, JuLY 7, 1931.
407
The bill having received the requisite constitutional majority was passed.
By unanimous consent, the bill was immediately transmitted to the Senate.
By unanimous consent, the following bills of the Senate were read the first time and referred to the committees:
By Mr. Hand of the 8th District-
Senate Bill No. 13. A bill to amend the code so as to permit peanut products to be used as ingredients of concentrated commercial feedstuff, and for other purposes.
Referred to Committee on General Agriculture No. 1.
By Mr. Neill of the 24th District-
Senate Bill No. 15. A bill to change the time of holding Muscogee Superior Court, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Strickland of the 1st District-
Senate Bill No. 17. A bill to amend an Act regulating Banking in the State of Georgia, and for other purposes.
Referred to Committee on Banks and Banking.
By Mr. Puett of the 40th District-
Senate Bill No. 30. A bill to provide for placing the Treasurer of Towns County on a salary basis, and for other purposes.
Referred to Committee on Counties and County Matters.
Privileges of the floor were granted to Han. R. Earl Camp and Han. R. C. Coleman of Laurens County, and Hon. Wade Allen of Fannin 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.
408
JouRNAL OF THE HousE,
REPRESENTATIVE HALL, ATLANTA, GA.,
WEDNESDAY, JULY 8, 1931.
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
Chambers
Alexander
Childs
Allen
Clark
Almand
Clements of Marion
Andrews
Clements of Telfair
Arnold
Cochran
Arrington
Collier
Ashley
Colson
Atwood
Courson
Awtrey
Cowart
Bargeron
Cozart
Barrett
Crawford
Battle
Crowe
Beaman
Cullens
Bean
Culpepper of Echols
Beasley
Culpepper of Fayette
Bennett of Bacon
Davis of Floyd
Bennett of Jeff Davis Davis of Jackson
Bland
Davis of Mitchell
Brannen
Davis of Troup
Brown
Dixon
Brunson
Donaldson
Bunn
Dorsett
Burton
Duncan
Bush
Dykes
Cain
Eckford
Cannon
Edmondson
Carlisle of Bibb
Edwards of Gilmer
Carlisle of Grady
Edwards of Lowndes
Cartledge
Edwards of Stephens
Chalker
Elliott
Evans Fagan Franklin Fraser Freeman Gary Gillen Graham Grayson Green Greer Griffeth Griffin o.f Decatur Griffin of Wilkes Gullatt Hampton Hardin Harris Harrison of Camden Harrison of Jenkins Hatcher Hawes Hodges Holt Horne Howard of Chatt'h'chee Howard of Long Hubbard of Habersham Hubbard ot Wilkinson Huddleston Hutcheson
WEDNESDAY, JULY 8, 1931.
409
Hyman
Mixon
Irvin
Montgomery
James
Mooty
Johnson of Montgomery Morris
Johnson of Pike
Moye
Johnson of Seminole Mundy
Johnston
Musgrove
Jones of Burke
Mrnck
Jones of Lumpkin Nelson of Cook
Jones of Paulding
Nelson of Laurens
Kennedy
Oliver
Key
Osteen
Killebrew
Pace
Kimbrough
Parham
Kimsey
Park
King of Clay
Patten
King of Newton
Paulk
Lance
Peebles
Lanham
Phillips
Lanier
Pittard
Leathers
Pope
Lester
Powell
Lewis of Gordon
Preston
Lewis of Hancock
Purdy
Lindsay
Purvis
Logan
Rabun
Lord
Rivers
McElreath
Roberts
McGehee
Robertson
McKoy
Ross of Appling
McLeod
Ross of Dodge
McRae
Rosser
McWhorter
Sammon
Mallard
Scarbrough
Mardre
Seckinger
Mattox
Sharpe
Mercer
Shirley
Meredith
Simmons
Sims Sisk Skelton Spivey Stanton Stewart Still Stone Strickland of Douglas Strickland of Haralson Sutton Swain Tate Taylor Thomas Thomason Thompson Tippins Townsend Trapnell Trotter Turner Waldrop Walker of Ben Hill Walker of Brooks Walker of Morgan Walker of Screven
w~
Weeks Westbrook Whittle Wilkes Williams Wilson Wood Yawn Mr. Speaker
Mr. Hardin of Whitfield, 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.
410
Jou~NAL OF THE HousE,
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.
By unanimous consent, House Bill No. 77 was withdrawn from the Committee on General Judiciary No. 1, and recommitted to the Committee on Counties and County Matters.
By unanimous consent, House Bill No. 154 was withdrawn from the Committee on General Agriculture No. 2, and recommitted to the Committee on General Agriculture No.1.
By unanimous consent, House Bill No. 76 was withdrawn from the Committee on General Judiciary No. 1, and recommitted to the Committee on General Judiciary No.2.
By unanimous consent, House Bill No. 91 was withdrawn from the Committee on General Judiciary No. 1, and recommitted to the Committee on General Judiciary No. 2.
By unanimous consent, the following bills of the House were introduced, read the first time, and referred to the committees:
WEDNESDAY, JULY 8, 1931.
411
By Mr. Ross of Appling-
House Bill No. 239. A bill to authorize the creation and formation of Burial Associations, and for other purposes.
Referred to Committee on Hygiene and Sanitation.
By Mr. Franklin of Butts-
House Bill No. 240. A bill to amend an Act incorporating the Town of Jenkinsburg, and for other purposes.
Referred to Committee on Municipal Govetnment.
By Mr. McKoy of Coweta-
House Bill No. 241. A bill to prohibit the expenditure of more than :$5,000.00 for campaign expenses for any race, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Messrs. Bunn and Stanton of Ware-
House Bill No. 242. A bill to amend an Act so as to reduce the incorporate limits of the town of Waresboro, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Colson of Glynn-
House Bill No. 243. A bill to provide that all quas1 public corporations of this State shall make financial reports to the State Auditor, and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Mr. Mixon of Irwin-
House Bill No. 244. A bill to amend the Code relative to the sending of notices by the Board of County Registrars, and for other purposes.
Referred to Committee on General Judiciary No.2.
412
JouRNAL oF THE HousE,
By Mr. Mixon of Irwin-
House Bill No. 245. A bill to amend the Code so as to provide for service of notice upon tax payers by the Assessors, and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Mr. Kennedy of Lamar-
House Bill No. 246. A bill to regulate title insurance and trust companies in the State of Georgia, and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Messrs. Davis and Mooty of Troup-
House Bill No. 247. A bill to make inadmissable in all courts of this State evidence obtained by illegal search and seizure of persons and property, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Dixon of Pierce-
House Bill No. 248. A bill to prohibit the running at large in Pierce County, Georgia, of any bull or boar hog over the age of four months, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Davis and Mooty of Troup-
House Bill No. 249. A bill to amend an Act regulating Banking in the State of Georgia, and for other purposes.
Referred to Committee on Banks and Banking.
By Messrs. Kennedy of Lamar, Colson of Glynn, and Battle of Muscogee-
House Bill No. 250. A bill to regulate the operation of
WEDNESDAY, JuLY 8, 1931.
413
trains on tracks that cross each other at grade, and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Mr. Griffin of Decatur-
House Bill No. 251. A bill to authorize a Board to officially adopt a license tag for use on motor driven vehicles, and for other purposes.
Referred to-Committee on Public Highways.
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 252. A bill to provide that certain cases shall be reviewable by certain courts only upon writ of certiorari issued by the Supreme Court or the Court of Appeals, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 253. A bill to amend an Act regulating the compensation of official stenographic reporters in certain counties, and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Mr. Howard of Long-
House Bill No. 254. A bill to amend an Act creating a new charter for the City of Ludowici, and for other purposes.
Referred to Committee on Municipal Government.
Mr. Rosser of Walker County, Chairman of the Committee on Amendments to the Constitution, submitted the following report:
414
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:
House Bill No. 2 do not pass. House Bill No. 34 do not pass. House Bill No. 35 do not pass. House Bill No. 51 do not pass. House Bill No. 89 do not pass. House Bill No. 116 do not pass. House Bill No. 13 do pass by substitute. House Bill No. 37 do pass.
Respectfully submitted, RossER of Walker, Chairman.
Mr. Walker 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 House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 85 do pass. Respectfully submitted, WALKER of Ben Hill,
Chairman.
WEDNESDAY, JuLY 8, 1931.
415
Mr. Andrews of Crawford County, Chairman of the Committee on Counties 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 House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 158 do pass.
House Bill No. 134 do pass.
House Bill No. 132 do pass.
House Bill No. 187 do pass. House Bill No. 39 do pass.
House Bill No. 21 do pass. House Bill No. 209 do pass. House Bill No. 161 do pass. House Bill No. 131 do pass. House Bill No. 133 do pass. House Bill No. 23 do pass.
House Bill No. 62 do pass.
House Bill No. 24 do pass.
House Bill No. 74 do pass. Respectfully submitted, ANDREWs of Crawford, Chairman.
Mr. Lewis of Hancock County, Chairman of the Committee on General Judiciary No. 1, submitted the following report:
416
JouRNAL oF THE HousE,
Mr. Speaker: Your Committee on General Judiciary No. 1 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:
House Bill No. 111 do not pass. House Bill No. 182 do pass.
House Bill No. 231 do pass.
House Bill No. 236 do pass.
Respectfully submitted,
LEWIS of Hancock,
Chairman.
Mr. Allen of Baldwin 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:
House Bill No. 11 do pass by substitute.
Respectfully submitted, ALLEN of Baldwin,
Chairman.
Mr. Cannon of Rockdale County, Chairman of the Com. mittee on Hygiene and Sanitation, submitted the following report:
WEDNESDAY, JULY 8, 1931.
417
Mr. Speaker:
Your Committee on Hygiene and Sanitation 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 recommefldation that:
House Bill No. 9 do pass.
Respectfully submitted,
CANNON of Rockdale,
Chairman.
Mr. Trotter of Taliaferro 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:
House Bill No. 41 do pass. House Bill No. 56 do pass. House Bill No. 95 do pass. House Bill No. 210 do pass. House Bill No. 211 do pass. House Bill No. 114 do pass. House Bill No. 106 do pass.
Respectfully submitted, TRoTTER of Taliaferro, Chairman.
418
JouRNAL OF THE HousE,
Mr. Collier of Madison County, Chairman of the Committee on State of the Republic, submitted the following report:
Mr. Speaker: Your Committee on State of the Republic has had under
consideration the following bills of the House and has instructed me, as chairman, to report the same back to the House with .the recommendation that:
House Bill No. 193 do pass. House Bill No. 194 do pass.
House Bill No. 195 do pass. House Bill No. 230 do pass.
Respectfully submitted,
CoLLIER of Madison, Chairman.
Mr. Davis of Mitchell County, Chairman of the Committee on Ways and Means, submitted the fo]owing 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:
By Messrs. Tucker of Berrien and Mixon of IrwinHouse Bill No. 128. An Act to amend the general tax
act with reference to the sale of firearms. Do not pass. Respectfully submitted, DAVIS of Mitchell, Chairman.
WEDNESDAY, JULY 8, 1931.
419
By unanimous consent, the following bills of the House, favorably reported, were read the second time:
By Mr. Stanton of Ware-
House Bill No. 9. A bill to amend an Act regulating the practice of professional nursing, and for other purposes.
By Mr. Carlisle of Bibb-
House Bill No. 11. A bill to amend the Code so as to eliminate the inequalities in the inheritance tax laws, and for other purposes.
By Mr. Pope of Toombs and others-
House Bill No. 13. A bill to amend the Constitu~ion to entitle persons upon payment of poll tax to register and qualify as electors, and for other purposes.
By Messrs. Gillen of Bibb, McRae of Fulton, and others-
House Bill No. 21. A bill to prohibit the use of Court Houses in certain counties to other than for public, political and charitable purposes.
By Mr. Scarbrough of Polk-
House Bill No. 23. A bill to amend an Act creating City Court of Pclk County.
By Mr. Scarbrough of Polk-
House Bill No. 24. A bill to amend the Act creating the City Court of Polk County.
By Mr. Lewis of Hancock-
House Bill No. 37. A bill to amend the Constitution relative to permitting counties to levy a tax for home economics .~'orkers.
420
JouRNAL OF THE HousE,
By Mr. Fagan of Peach-
House Bill No. 39. A bill to fix the salary of the SolicitorGeneral of Macon Judicial Circuit to be paid by Peach County.
By Mr. Townsend of Dade-
House Bill No. 41. A bill to amend the charter of the Town of Trenton.
By Messrs. Graham, Nelson, and Brunson of Laurens-
House Bill No. 56. A bill to amend an Act incorporating the Town of Dudley, and for other purposes.
By Mr. Harris of Terrell-
House Bill No. 62. A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Terrell, and for other purposes.
By Mr. Morris of Atkinson-
- House Bill No. 74. A bill to change the time of Superior Court in the County of Atkinson, and for other purposes.
By Messrs. Griffin and Simmons of Decatur-
House Bill No. 85. A bill to amend an Act relative to incorporating the Town of Attapulgus.
By Mr. Purdy of Spalding-
House Bill No. 95. A bill to amend the charter of the City of Griffin, and for other purposes.
By Mr. Cain of Crisp-
House Bill No. 106. A bill to amend an Act providing for a new charter for the City of Cordele, and for other purposes.
WEDNESDAY, JULY 8, 1931.
421
By Mr. Davis of Troup-
House Bill No. 114. A bill to amend the charter of the City of Hogansville, and for other purposes.
By Mr. Musgrove of Clinch-
House Bill No. 131. A bill to repeal an Act creating the Board of Commissioners of Roads and Revenues for the County of Clinch.
By Mr. Musgrove of Clinch-
House Bill No. 132. A bill to create a Board of Commissioners of Roads and Revenues for the County of Clinch.
By Mr. Musgrove of Clinch-
House Bill No. 133. A bill repealing Clinch County Primary Laws as passed by an Act of the Legislator~ of 1929.
By Mr. Musgrove of Clinch-
House Bill No. 134. A bill to abolish the office of Tax Collector and Tax Receiver for the County of Clinch, and for other purposes.
By Mr. Edwards of Gilmer-
House Bill No. 158. A bill consolidating the offices of Tax Receiver and Tax Collector of Gilmer County, and for other purposes.
By Mr. Gary of Quitman-
House Bill No. 161. A bill to change the time of convening of Quitman County Superior Court.
By Messrs. Eckford and McRae of FultonHouse Bill No. 182. A bill to amend the Code by pro-
422
JouRNAL oF THE HousE,
viding for the release of a defendant in the bail trover action without security, and for other purposes.
By Mr. Shirley of Milton-
House Bill No. 187. A bill to merge Milton County with Fulton County, and for other purposes.
By Mr. Culpepper of Fayette-
House Bill No. 193. A bill to fix the salaries of the Secretary of State, the Comptroller-General, the Treasurer and the Assistant Treasurer to provide for their clerical help, and for other purposes.
By Mr. Huddleston of Meriwether and others-
House Bill No. 194. A bill to simplify the operations of the executive branch of the State Government, and for other purposes.
By Mr. Huddleston of Meriwether and others-
House Bill No. 195. A bill to amend an Act relative'"to the State Board of Educ;ttion, and for other purposes. ""
By Mr. Dixon of Pierce-
House Bill No. 209. A bill to abolish the offices of Tax Receiver and Tax Collector in the County of Pierce, and for other purposes.
By Messrs. McElreath and Peebles of Bartow-
House Bill No. 210. A bill to amend an Act incorporatin~ the City of Cartersville, and for other purposes.
By Mr. Williams of Emanuel-
House Bill No. 211. A bill to amend the charter of the City of Swainsboro.
WEDNESDAY, JuLY 8, 1931.
423
By Messrs. Huddleston of Meriwether and Johnson of Seminole-
House Bill No. 230. A bill to prescribe how the expenses of any State departments shall be recorded, and for other purposes.
By Mr. Pope of Toombs-
Honse Bill No. 231. A bill to establish the City Court of Lyons in and for the County of Toombs, and for other purposes.
By Messrs. Lord of Jackson, Wall of Putnam, and Stewart of Coffee-
House Bill No. 236. A bill to amend the Code by prescribing what is lawful interest by a reduction of the rates as therein set out, and for other purposes.
The following resolution of the House was read and adopted:
By Messrs. Huddleston of Meriwether, Crowe of Worth, Colson of Glynn, and Edwards of Lowndes-
House Resolution No. 33.
A RESOLUTION
Wherea.r, the people of the State of Georgia have in effect instructed the members of the present session of the Georgia General Assembly, through their expression at the ballot box to devote themselves to the enaclment of legisla. tion which will clarify, simplify and improve the existing methods of state governmental operations, with a view to bringing into effect economies to relieve those people of the financial burden entailed in the present governmental operations, and
424
JouRNAL OF THE HousE,
Whereas, the administration of the affairs of our State has been put by the people in the hands of officials committed to governmental improvements and economies, and
Whereas, there is now pending before this session of the General Assembly proposals of legislation designed to respond to and put into effect the expressed desires of the people of Georgia; that this pending legislation now under consideration has for its purpose the conscientious improvement and simplification of the State Government, and should have fair, untrammelled and unhampered consideration of all members of the General Assembly, and
Whereas, it has come to attention that certain departments and institutions supported by State funds have sent to or permitted to cease their regular duties and assemble at the State Capitol certain attachees, employees or representatives, and that certain of the departments located in the State Capitol are being similarly represented about the legislative halls and are reported to be engaged in efforts intended to affect or h:1mper the progress of certain pending legislation designed to put into effect the mandate of the people and the progressive policies of the administration; now, therefore
Be it resolved by the House of Representatives, that it is the sentiment and belief of this House that such practices are unethical, unwarranted and undesirable, unless and until officials or heads of departments shall be called upon by the committees of this House, or members thereof through action by the House to supply information believed to be of benefit and aid to the House in the consideration of pending legislation.
Be it resolved further, that the heads of all departments, the officials of State Institutions, and all branches of the State Government be instructed and directed that their employees, attaches, subordinates and officials be immediately directed by them to resume the regular course of employment or occupation incident to the positions to which
WEDNESDAY, }ULY 8, 1931.
425
they have been assigned or the purposes for which they have been employed; and that in all instances where field employees of any department have either been called into the capitol or permitted to leave their post of duty in the field and remain in and about the capitol, be immediately instructed to resume their occupations in whatever field work they have heretofore been assigned without further loss of time whatsoever.
Be it resolved further, that the Clerk of the House of Representatives be, and he is hereby, directed to bring to the attention of the head of each department of the State Government Penal Code Section 324 on "Lobbying."
The following message was received from the Senate through Mr: Boifeuillet, the Secretary thereof:
. Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate, to-wit:
By Mr. Duckworth of the 7th District-
Senate Bill No. 4. A bill to be entitled an Act to abolish the office of Tax Collector and Tax Receiver in Grady County, Georgia; to create in lieu thereof the office of Grady County Tax Commissioner; to fix his salary; method of election; bond; duties and qualifications.
By Messrs. Weekes of the 34th District, West of the 11th District, McWhorter of the 50th District, Harris of the 18th District, and Duckworth of the 7th District-
Senate Bill No. 2. A bill to be entitled an Act to regulate the admission to the practice of law in this State, of persons resident and non-resident of this State; to vest in the Justices of the Supreme Court authority to make rules and regulations as to the necessary qualifications and requirements of all applications for admission to the bar; to repeal .any and all laws or parts of laws in conflict with this Act.
426
JouRNAL oF 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 Messrs. Cochran of Thomas, Franklin of Butts, Lester and Lanier of Richmond-
House Bill No. 180. A bill to be entitled an Act to authorize and require the Trustees of the University of Georgia to establish and operate a Department for instruction in Dental Science, and for other purposes.
Mr. Griffin of Decatur moved the previous question; the motion prevailed, and the main question was ordered.
The report of the committee, which was favorable to the passage of the bill, was disagreed to.
The bill was lost.
Privileges of the floor were granted to Hon. R. H. Johnson of Elbert County, Hon. T. R. Isbell of Stephens County,
Hon. A. S. Skelton of Hart County, Hon. J. C. McDonald,
Hon. Barry Clare, Hon. W. M. Rawlins and Hon. V. G.
Wells of Ben Hill County, Hon. J. B. Moore of Appling
County, Hon. A. W. Daughtery of Wilkinson County, Hon.
S. T. Beaton of Ware County, Hon. J. C. Williams of
Greene County, Hon. ]. G. Faust of Greene County, Hon. John Mitchell of the Cherokee Judicial Circuit, and Hon. Frank Postero of Clarke County.
Mr. Lewis of Hancock 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.
THURSDAY, JuLY 9, 1931.
427
REPRESENTATIVE HALL, ATLANTA, GA.,
THURSDAY, JuLY 9, 1931.
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. Hardin of Whitfield, 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. Third reading and passage of uncontested local House and Senate bills and general House and Senate bills and resolutions having a local application. 5. First reading of Senate bills and resolutions.
By unanimous consent, House Bills Nos. 141 and 142 were withdrawn from the Committee on Special Judiciary and recommitted to the Committee on Counties and County Matters.
428
JouRNAL oF THE HousE,
By unanimous consent, the following bills and resolutions of the House were introduced, read the first time, and referred to the committees:
By Messrs. Thomason of Worth and Osteen of Bryan-
House Bill No. 255. A bill to prevent County Agents to perform veterinary services or engage in live stock sanitary control work, and for other purposes.
Referred to Committee on General Agriculture No. 2.
By Mr. Westbrook of Dougherty-
House Bill No. 256. A bill to appropriate funds to reimburse the City of Albany for monies spent for the improvement and protection of State property, and for other purposes.
Referred to Committee on Appropriations.
By Mr. Burton of Franklin-
House Bill No. 257. A bill to abolish the offices of Tax Receiver and Tax Collector of Franklin County, and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Eckford and McRae of Fulton-
House Bill No. 258. A bill to amend the Code so as to provide bail pending appeal from order remanding prisoner in habeas corpus cases.
Referred to Committee on General Judiciary No. 1.
By Mr. Stewart of Coffee-
House Bill No. 259. A bill to abolish the offices of Tax Receiver and Tax Collector of Coffee County, and for other purposes.
Referred to Committee on Counties and County Matters.
THURSDAY, }ULY 9, 1931.
429
By Mr. Stewart of Coffee-
House Bill No. 260. A bill to repeal an Act to create a Board of Commissioners of Roads and Revenues for the County of Coffee, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Allen of Baldwin-
House Bill No. 261. A bill to make it a misdemeanor for any person or firm engaged in the life insurance business to receive any compensation on account of employment of an undertaker, and for other purposes.
Referred to Committee on Insurance.
By Mr. Still of Fulton-
House Bill No. 262. A bill to appropriate the sum of $536.15 to pay for work done by Charles P. Byrd for the Military Department as State Printer, and for other purposes.
Referred to Committee on Appropriations.
By Mr. Allen of Baldwin-
House Bill No. 263. A bill to prohibit certain companies and organizations from agreeing to settle losses under its contracts by delivering merchandise or rendering services, and for other purposes.
Referred to Committee on Insurance.
By Messrs. Taylor of Washington, Lewis of Hancock, and Edwards of Gilmer-
House Bill No. 264. A bill to make void all agreements which lessen free competition on certain articles, and for other purposes.
Referred to Committee on General Judiciary No. 1.
430
JouRNAL OF THE HousE,
By Mr. Tippins of Evans-
House Bill No. 265. A bill to abolish the offices of Tax Receiver and Tax Collector of Evans County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Simmons of Dec'ltur-
House Bill No. 266. A bill to provide for a tax on the gross receipts of telephone and telegraph companies, and for other purposes.
Referred to Committee on Ways and Means.
By Mr. Stanton of Ware-
House Bill No. 267. A bill requmng licenses for the operation, maintenance, opening or establishment of stores in this State, and for other purposes.
Referred to Committee on Ways and Means.
By Mr. Stone of Early-
House Bill No. 268. A bill to dispense with a brief of evidence when the presiding judge certifies that consideration of the evidence is unnecessary in determining the assignments of error, and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Mr. Stone of Early-
House Bill No. 269. A bill to provide for special verdicts by juries in cases at law and in equity, and for other purposes.
Referred to Committee on General Judiciary No.2.
THURSDAY, JuLY 9, 1931.
431
By Mr. Stone of Early-
House Bill No. 270. A bill to amend the Code providing for new trials in cases when the presiding judge may deliver an erroneous charge to the jury on a material point, and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Mr. Roberts of Muscogee-
House Bill No. 271. A bill to amend an Act defining and fixing the age at which female children may lawfully consent to acts of sexual intercourse, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Thomas of Wayne-
House Bill No. 272. A bill to amend an Act establishing the City Court of Jesup, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Messrs. Davis and Lord of Jackson-
House Bill No. 273. A bill to amend an Act abolishing the office of County Treasurer of Jackson County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Davis and Lord of Jackson-
House Bill No. 274. A bill to amend an Act creating a Board of County Commissioners for the County of Jackson, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Davis of Jackson and Nelson of LaurensHouse Bill No. 275. A bill requiring license for the
432
JouRNAL OF THE HousE,
operatiol'}, maintenance, opening and establishment of stores in this State, and for other purposes.
Referred to Committee on Ways and Means.
By Messrs. Davis of Floyd and Sisk of Elbert-
House Bill No. 276. A bill to amend the Constitution providing for a State School Commissioner, and for other purposes.
Referred to Committee on Amendments to Constitution.
By Messrs. Fraser of Liberty, Davis of Floyd, and Swain of Warren-
House Bill No. 277. A bill to amend the Constitution so as to authorize School Systems to contract with each other for the transportation and education of pupils, and for other purposes.
Referred to Committee on Amendments to the Constitution.
By Messrs. Cartledge, Lanier, ~nd Lester of Richmond-
House Bill No. 278. A bill to direct the Commissioner of Vehicles of the State of Georgia to enter into agreement with adjoining States providing reciprocity of motor vehicle operators, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Myrick of Chatham-
House Bill No. 279. A bill to amend the Georgia Motor Vehicle Law, and for other purposes.
Referred to Committee on Public Highways.
By Mr. Sisk of ElbertHouse Resolution No. 34-275a. A resolution to require
THURSDAY, JULY 9, 1931.
433
the Highway Department to supply information concerning the State owned quarry at Oglesby, and for other purposes.
Referred to Committee on Public Highways.
By Mr. Sisk of Elbert-
House Resolution No. 35-275b. A resolution to require the members of the House of Representatives to register certain information with the Clerk, and for other purposes.
Referred to Committee on State of the Republic.
By Mr. Sisk of Elbert-
House Resolution No. 36-275c. A resolution requmng the Highway Department to file certain information with the Clerk of the House, and for other purposes.
Referred to Committee on Public Highways.
By Mr. Colson of Glynn and others-
House Resolution No. 37-275d. A resolution to appropriate $25,000 to the Coastal Fisheries Fund of the Department of Game and Fish, and for other purposes.
Referred to Committee on Appropriations.
Mr. Andrews of Crawford County, Chairman of the Committee on Counties 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 House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 50 do pass.
434
JouRNAL OF THE HousE,
House Bill No. 73 do pass. House Bill No. 75 do pass. House Bill No. 135 do pass. House Bill No. 123 do pass.
Respectfully submitted, ANDREWS of Crawford, Chairman.
Mr. Mardre of Thomas County, Chairman of the Committee on Gam~ and Fish, submitted the following report:
Mr. Speaker:
Your Committee on Game and Fish has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the House with the recommepdation that:
House Bill No. 146 do pass. House Bill No. 101 do pass as amended. House Bill No. 192 do not pass. House Bill No. 104 do pass. House Bill No. 64 do pass. House Bill No. 149 do pass. House Bill No. 144 do no:: pass. House Bill No. 102 do pass. House Bill No. 191 do pass. House Bill No. 150 do pass. House Bill No. 45 do not pass.
THURSDAY, JuLY 9, 1931.
435
House Bill No. 103 do pass as amended.
Respectfully submitted, MARDRE of Thomas, Chairman.
Mr. Lewis of Hancock County, Chairman of the Committee on General Judiciary No. 1, submitted i.he following report:
Mr. Speaker:
Your Committee on General Judiciary No. 1 has had under consideration the following bi1ls of the House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 10 do pass.
House Bill No. 127 do not pass.
Respectfully submitted,
LEWis of Hancock,
Chairman.
Mr. Cannon of Rockdale County, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Mr. Speaker:
Your Committee on Hygiene and Sanitation 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:
House Bill No. 217 do pass.
Respectfully submitted, CANNON of Rockdale, Chairman.
436
JouRNAL OF THE HousE,
Mr. Trotter of Taliaferro 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:
House Bill No. 107 do pass.
House Bill No. 125 do pass.
Respectfully submitted,
TROTTER of Taliaferro,
Chairman.
Mr. Crawford of Floyd 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 bills and resolution of the House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 203 do pass.
House Resolution No. 16 do pass.
House Bill No. 174 do pass.
House Bill No. 124 do pass. House Bill No. 171 do pass. House Bill No. 108 do pass.
Respectfully submitted, CRAWFORD of Floyd, Chairman.
THURSDAY, }ULY 9, 1931.
437
The following bills and resolution of the House, favorably reported, were read the second time:
By Messrs. Hutcheson and Rosser of Walker-
House Bill No. 10. A bill to amend the Code relative to taxes for county purposes in certain counties, and for other purposes.
By Mr. Bush of Miller-
House Bill No. 50. A bill to amend an Act creating the City Court of Miller County, and for other purposes.
By Mr. Kimsey of Rabun-
House Bill No. 64. A bill to permit the chasing of foxes with dogs at any time, and for other purposes.
By Mr. Morris of Atkinson-
House Bill No. 73. A bill to repeal an Act to create the Board of Commissioners of Roads and Revenues for the County of Atkinson, and for other purposes.
By Mr. Morris of Atkinson-
House Bill No. 75. A bilJ to create the office of C.)mmissioner of Roads and Revenues in the County of Atkinson, and for other purposes.
By Messrs. Thomas of Wayne and Mallard of Charlton-
House Bill No. 101. A bill to prohibit the use of seines and similar devices for the purpose of taking fish from the fresh water streams of this State, and for other purposes.
By Messrs. Thomas of Wayne and Mallard of CharltonHouse Bill No. 102. A bill to abolish the office of County
Game vVardens, and for other purposes.
438
JouRNAL oF THE HousE,
By Messrs. Thomas of Wayne and Mallard of Charlton-
House Bill No. 103. A bill to amend an Act for the protection of birds, fish, game and fur-bearing animals, and for other purposes.
By Messrs. Musgrove of Clinch and Culpepper of Echols-
Hause Bill No. 104. A bill to prohibit fishing except with hook and line, bob, rod and reel, in Clinch and Echols Counties, and for other purposes.
By Mr. Beasley of Tattnall-
House Bill No. 107. A bill to amend an Act creating City Charter of Cobbtown, and for other purposes.
By Mr. Beasley of Tattnall-
House Bill No. 108. A bill to amend an Act excluding road duties in certain counties, and for other purposes.
By Mr. James of Jones-
House Bill No. 123. A bill to amend an Act creating the City Court of Gray, Ga., and for other purposes.
By Mr. James of Jones-
House Bill No. 124. A bill providing that the Alternative Road Law shall not apply to certain counties.
By Mr. Brown of Greene-
House Bill No. 125. A bill to amend the charter of the City of White Plains, and for other purposes.
By Mr. Horne of Lee-
House Bill No. 135. A bill to abolish the City Court of Leesburg.
THURSDAY, JuLY 9, 1931.
439
By Messrs. Hutcheson and Rosser of ~1alker, and others-
House Bill No. 146. A bill to amend an Act for the protection of birds, fish, game, etc., and for other purposes.
By Messrs. Harrison of Camden, Atwood of Mcintosh, and Stewart of Coffee-
House Bill No. 149. A bill to amend an Act regulating the taking of shad fish from the waters of this State, and for other purposes.
By Messrs. Harrison of Camden and Mallard of Charlton-
House Bill No. 150. A bill prescribing a license fee for trapping fur-bearing animals, and for other purposes.
By Messrs. Battle, Meredith, and Roberts of Muscogee-
House Bill No. 171. A bill to amend an Act creating a new charter for the City of Columbus, and for other purposes.
By Messrs. Bean and Dorsett of Carroll-
House Bill No. 174. A bill to amend an Act establishing a City Court of Carrollton, and for other purposes.
By Mr. Hampton of Fannin-
House Bill No. 191. A bill to amend an Act relative to the issuance of trapper's license, and for other purposes.
By Messrs. Crawford and Lanham of Floyd-
House Bill No. 203. A bill to amend an Act to regulate real estate brokers and salesmen, and for other purposes.
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 217. A bill to amend the Penal Code Section 130, so as to provide separate toilet facilities for the races.
440
JouRNAL OF THE HousE,
By Mr. Barrett of White-
House Resolution No. 16-115a. A resolution authorizing the State Librarian to furnish certain Law Books to the Clerk of the Superior Court of White County, and certain Law Books to the Ordinary of White County, Georgia, and for other purposes.
By unanimous consent, the following bills and resolutions of the House were read the third time and placed upon their passage:
By Mr. Gillen of Bibb and others-
House Bill No. 21. A bill to be entitled an Act to prohibit the use of court house building to other than for public, political and charitable purposes in certain counties, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Scarbrough of Polk-
House Bill No. 23. A bill to be entitled an Act to amend an Act creating City Court of Polk County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 116, nays 0.
The bill having received the requisite constitutional majority was passed.
THURSDAY, juLY 9, 1931.
441
By Mr. Scarbrough of Polk-
House Bill No. 24. A bill to be entitled an Act to amend an Act creating City Court of Polk County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 117, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Townsend of Dade-
House Bill No. 41. A bill to be entitled an Act to amend the charter of the Town of Trenton, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 118, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Graham, Nelson, and Brunson of Laurens-
House Bill No. 56. A bill to be entitled an Act to amend an Act incorporating the Town of Dudley, and for other purposes.
The report 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. Harris of Terrell-
House Bill No. 62. A bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and
442
JouRNAL or THE HousE,
Revenues for the County of Terrell, and for other purposes.
The report 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. Morris of Atkinson-
House Bill No. 74. A bill to be entitled an Act to change the time of Superior Court in the County of Atkinson, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 121, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Griffin and Simmons of Decatur-
House Bill No. 85. A bill to be entitled an Act to amend an Act relative to incorporating the Town of Attapulgus.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 122, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Purdy of Spalding---:-
House Bill No. 95. A bill to be entitled an Act to amend the charter of the City of Griffin, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
THURSDAY, }ULY 9, 1931.
443
On the passage of the bill, the ayes were 123, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Cain of Crisp-
House Bill No. 106. A bill to be entitled an Act to amend an Act providing for a new charter for the City of Cordele, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 124, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Davis of Troup-
House Bill No. 114. A bill to be entitled an Act to amend the charter of the City of Hogansville, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 125, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Musgrove of Clinch-
House Bill No. 131. A bill to be entitled an Act to repeal Board of Commissioners of Roads and Revenues for the County of Clinch, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 126, nays 0.
444
JouRNAL oF THE HousE,
The bill having received the requisite constitutional majority was passed.
By Mr. Musgrove of Clinch-
House Bill No. 132. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Clinch, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 127, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Musgrove of Clinch----:
House Bill No. 133. A bill to be entitled an Act to repeal Clinch County Primary Laws as passed by 1929 Legislature, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 128, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Musgrove of Clinch-
House Bill No. 134. A bill to be entitled an Act to abolish the office of Tax Collector and Tax Receiver for the County of Clinch, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 129, nays 0.
The bill having received the requisite constitutional majority was passed.
THURSDAY, JuLY 9, 1931.
445
By Mr. Edwards of Gilmer-
House Bill No. 158. A bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Gilmer County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 130, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Gary of Quitman-
House Bill No. 161. A bill to be entitled an Act to change the time of convening Quitman County Superior Court, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 131, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Dixon of Pierce-
House Bill No. 209. A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector in the County of Pierce, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 132, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. McElreath and Peebles of BartowHouse Bill No. 210. A bill to be entitled an Act to
44(3
JouRNAL oF THE HousE,
amend the Act incorporating the City of Cartersville, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 133, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Williams of Emanuel-
House Bill No. 211. A bill to be entitled an Act to amend the charter of the City of Swainsboro, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 134, nays 0.
The bill having received the requisite constitutional majotity was passed.
By Mr. Pope of Toombs-
Hause Bill No. 231. A bill to be entitled an Act to establish the City Court of Lyons in and for the County of Toombs, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 135, nays 0.
The bill having received the requisite constitutional majority was passed.
The following message was received from the Senate through Mr. BoifeuilleL, lhe Secretary thereof:
THURSDAY, JULY 9, 1931.
447
Mr. Speaker:
The Senate has passed by the reqmstte constitutional majority the following bill of the Senate, to-wit:
By Messrs. Weekes of the 34th District, West of the 11th District, McWhorter of the 50th District, Harris of the 18th District, and Duckworth of the 7th District-
Senate Bill No. 3. A bill to be entitled an Act to regulate the practice of_law and the performance of legal services; to protect the courts and the public in respect thereto; to prohibit corporations and voluntary associations and persons other than duly licensed attorneys-at-law from practicing law or pet forming legal services and to define and punish attorneys-at-law for corrupt practice, and for other purposes.
The following resolution of the House was read and adopted:
By Mr. Kennedy of Lamar and others-
House Resolution No. 38. A resolution that the House of Representatives join the patriotic and veteran organizations of the State in endorsing Hon. Edgar B. Dunlap, gallant world war veteran, for National Commander of the American Legion, and for other purposes.
Under the regular order of business, the following bills of the House were taken up for consideration and read the third time:
By Mr. Stanton of Ware-
House Btll No. 9. A bill to be entitled an Act to amend an Act entided an Act to regulate and define the practice -of professional nursing in the State of Georgia, and to that end to create a Board of Examiners of Nurses for Georgia,
448
JouRNAL oF THE HousE,
and to require registration by those desiring to practice as registered nurses, and for other purposes.
Mr. Rosser of Walker moved the previous question; 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, the ayes were 123, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Carlisle of Bibb-
House Bill No. 11. A bill to be entitled an Act to amend Paragraph 5 of Section 3931 of the Georgia Code of 1910, so as to eliminate the inequalities between the inheritance of the intestate's brothers and sisters of the half-blood on the paternal side, and to provide the share of the inheritance of the half-blood brothers and sisters on the maternal side, and to provide the share of the inheritance of the half-blood and the whole-blood brothers and sisters, and for other purposes.
Mr. Lewis of Hancock moved the previous question; the motion prevailed, and the main question was ordered.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend Paragraph 5 of Section 3931 of the Civil Code of 1910 so as to eliminate the inequalities between the inheritance of the intestate's brothers and sisters of the half-blood on the maternal side and the inheritance of the intestate's brothers and sisters on the paternal side, and to provide the share of the inheritance of the half-blood and the whole-blood brothers and sisters, and for other purposes.
THURSDAY, JuLY 9, 1931.
449
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, Paragraph 5 of Section 3931 of the Civil Code of 1910 be and the same is hereby amended by inserting in the second sentence after the word, "Half-blood," the additional word, "both," and after the word, "paternal," the additional words, "and maternal;" and by striking out the third sentence which reads as follows: "If there be no brother or sister of the whole or half-blood on the pat.!rnal sid_e then those of the half-blood on the maternal side shall inherit;"
So that Paragraph 5 of said Section 3931, as amended, will then read as follows:
"Brothers and sisters of the intestate stand in the second degree, and inherit, if there is no widow, or child, or representative of child. The half-blood, both on the paternal and maternal side, inherit equally with the whole-blood. The children or grandchildren of brothers and sisters deceased shall represent and stand in the place of their deceased parents, but there shall be no representation further than this among collaterals."
Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
The 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 120, nays 16.
The bill having received the requisite constitutional majority was passed, by substitute.
By Messrs. Pope of Toombs, Fagan of Peach, and others-
House Bill No. 13. A bill to be entitled an Act to propose to the people of Georgia an amendment to Article 2,
450
JouRNAL OF THE HousE,
Section 1, Paragraph 3, of the Constitution of Georgia, so as to entitle persons upon payment of poll tax to register and qualify as electors, and for other purposes.
Mr. Beaman of DeKalb moved the previous question; the motion prevailed and the main question was ordered.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend Paragraph 3, Section 1, Article 2 of the Constitution of the State of Georgia so as to permit a person to register and vote upcn the payment of poll tax, and for other purposes.
The General Assembly of the State of Georgia proposes to the people of the State the following amendment to the Constitution of Georgia, to-wit:
Section 1. That Paragraph 3, Section 1, Article 2 of the Constitution be amended by striking therefrom the words "all taxes which may have been required of him since the adoption of the Constitution of Georgia of 1877 that he may have had an opportunity of paying agreeably to law," and substituting in lieu thereof the words "all poll taxes that he may have had an opportunity of paying agreeably to law" so that said paragraph when amended shall read as follows: Paragraph 3. To entitle a person to register and vote at any election by the people he shall have resided in the State one year next preceding the election, and in the county in which he offers to vote six months next preceding the election, and shall have paid all poll taxes that he may have had an opportunity of paying agreeably to law. Such payment must have been made at least six months prior to the election at which he offers to vote except when such elections are held within six months from the expiration of the time fixed by law for the payment of such taxes.
THURSDAY, JuLY 9, 1931.
451
Sec. 2. This amendment being agreed to by two-thirds of the members elected to each of the two houses of the General Assembly shall be published as provided by law and shall be submitted to the people at the next general election for ratification. Persons favoring such amendment shall have written or printed on their ballots the words, "For ratification of amendment to Paragraph 3, Section 1, Article 2, of the Constitution so as to permit a person to register and vote upon the payment of poll tax," and the persons opposing such amendment shall have written or printed on their ballots, "Against ratification of amendment to Paragraph 3, Section 1, Article 2, of the Constitution so as to permit a person to register and vote upon the payment of poll tax."
Sec. 3. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to.
The bill involving an amendment to the Constitution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Allen Almand Andrews Arnold Arrington Ashley Atwood Bargeron Barrett Battle Beaman Bean Beasley Bennett of Bacon
Bland Brunson Bunn Burton Bush Cain Cannon Carlisle of Bibb Carlisle of Grady Cartledge Chalker Chambers Childs Clark Clements of Marion Clements of Telfair
Collier Colson Courson Cozart Crawford Crowe Cullens Culpepper of Echols Culpepper of Fayette Davis of Floyd Davis of Jackson Davis of Mitchell Davis of Troup Dixon Donaldson Duncan
452
JouRNAL OF THE HousE,
Dykes
Kimbrough
Eckford
Kimsey
Edmondson
King of Clay
Edwards of Lowndes King of Newton
Edwards of Stephens Lanham
Elliott
Lanier
Evans
Leathers
Fagan
Lester
Franklin
Lewis of Gordon
Fraser
Lewis of Hancock
Freeman
Logan
Gary
Lord
Gillen
McElreath
Graham
McGehee
Gray!lon
McKoy
Green
McLeod
Greer
McRae
Griffeth
McWhorter
Griffin of Decatur
Mallard
Griffin of Wilkes
Mardre
Hampton
Mattox
Hardin
Mercer
Harris
Meredith
Harrison of Camden Mixon
Harrison of Jenkins Montgomery
Hawes
Mooty
Hodges
Morris
Holt
Moye
Home
Musgrove
Howard of Chatt'h'chee Myrick
Howard of Long
Nelson of Laurens
Hubbard of Habersham Oliver
Hubbard of Wilkinson Osteen
Huddleston
Pace
Hutcheson
Parham
Hyman
Park
Irvin
Patten
James
Paulk
Johnson of Montgomery Peebles
Johnson of Pike
Phillips
Johnson of Seminole :Pittard
Jones of Burke
Pope
Jones of Paulding
Powell
Kennedy
Preston
Key
Purdy
Killebrew
Purvis
Rabun Rivers Robertson Ross of Appling Ross of Dodge Rosser Sammon Scarbrough Seckinger Shirley Simmons Sims Sisk Skelton Spivey Stanton Stewart Still Stone Strickland of Douglas Strickland of Haralson Sutton Swain Tate Taylor Thomas Thomoson Thompson Tippins Townsend Trapnell Trotter Turner Waldrop Walker of Ben Hill Walker of Brooks Walker of Morgan Wall Weeks Westbrook Whittle Wilkes Wilson Wood Yawn
THURSDAY, JuLY 9, 1931.
453
Those voting in the negative were Messrs.:
Awtrey Hatcher
Lance Lindsay
Sharpe Walker of Screven
Those not voting were Messrs.:
Bennett of Jeff Davis Brannen Brown Cochran Cowart Dorsett
Edwards of Gilmer Gullatt Johnston Jones of Lumpkin Maynard
Mundy
Nelson of Cook Roberts Williams Mr. Speaker
By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 185, nays 6.
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 Mr. Lewis of Hancock-
House Bill No. 37.
A BILL
AMENDMENT TO CONSTITUTION PROPOSED
The General Assembly of the State of Georgia proposes to the people of the State the following amendment to the Constitution of Georgia, to-wit:
That Paragraph 2 of Section 6 of Article 7 be amended by changing the period after the word "health" at the end of said section to a semi-colon, and by adding at the end of said paragraph the words, "to employ county agricultural and county home economics extension workers," so that said paragraph when amended shall read as follows:
"The General Assembly shall not have power to delegate to any county the right to levy a tax for any purpose, ex-
454
JouRNAL OF THF:. HousE,
cept for educational purposes, to build and repair the public buildings and bridges; to maintain and support prisoners; to pay jurors and coroners, and for litigation, quarantine, roads, and expenses of courts; to support paupers and pay debts heretofore existing; to pay the county police, and to provide for necessary sanitation, and for the collection and preservation of records of birth, death, disease, and health; to employ county agricultural and county home economics extension workers."
This amendment being agreed to by two-thirds of the members elected to each of the two houses of the General Assembly shall be published as provided for law and shall be submitted to the people at the next general election for ratification. Persons favoring said amendment shall have written or printed on their ballots the words, "For ratification of amendment to Article 7, Section 6, Paragraph 2, of the Constituticn, providing for the employment of county agricultural and county home economics extension workers;" and persons opposing said amendment shall have written or printed on their ballots the words, "Against ratification of amendment to Article 7, Section 6, Paragraph 2, of the Constitution, providing for the employment of county agricultural and county h::~me economics extension workers."
Mr. Rosser of Walker moved the previous question.
Mr. Lindsay of DeKalb moved that the House do now adjourn, and the motion was lost.
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.
Mr. Lewis of Hancock moved that the House reconsider its action in ordering the main question, and the motion prevailed.
THURSDAY, JuLY 9, 1931.
455
Mr. Lindsay of DeKalb moved that the House reconsider its action in ordering the previous question, and the motion prevailed.
Privileges of the floor were granted to Hon. P. C. Harris of Polk County, Hon. Bonnell H. Stone of Union County, Hon. Raymond Stapleton and Hon. H. B. Payne of Elbert County, Hon. H. McDowell of Colquitt County, Hon. Herman H. Watson of Paulding County, Hon. T. J. Brown
and Hon. T. J. Brown, Jr. of Henry County, Hon. R. F.
Burch, Jr. and Hon. W. C. Rozar of Dodge County, Hon. A. T. Minchew of Atkinson County, Hon. H. Cliff Hatcher of Burke County, Hon. E. B. Streetman, Hon. Lee W. Rabun and Hon. John Walden of Jefferson County.
Mr. Lindsay of DeKalb moved that the House do now adjourn; the motion prevailed, and House Bill No. 37 went over as unfinished business.
Leave of absence was granted to Messrs. Arnold of Clarke, Swain of "'vVarren, Ross of Dodge, and Bennett of Bacon.
The Speaker announced the House adjourned until tomorrow morning, at lO:OOo'clock.
456
JouRNAL OF THE HousE,
REPRESENTATIVE HALL, ATLANTA, GA.,
FRIDAY, JuLY 10, 1931.
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. Hardin of Whitfield, 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 ofUnanimous Consents.
1. Introduction of new matt.er 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. Lindsay of DeKalb asked unanimous consent that when the House adjourn today, it stand adjourned until next Monday morning at 11:00 o'clock, and the request was granted.
FRIDAY, JuLY 10, 1931.
457
The following message was received from the Senate through Mr. Bouifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the reqms'tte constitutional majority the following bills of the Senate, to-wit:
By Mr. Brock of the 44th District-
Senate Bill No. 26. A bill to be entitled an Act to fix the venue of all suits at law or in equity against the State Highway Department of Georgia, to repeal conflicting laws, and for other purposes.
By Mr. Pruett of the 32nd District-
Senate Bill No. 42. A bill to be entitled an Act to amend an Act approved August 24, 1925, known as "Fuel Distributors; Occupation Tax; Collecting Clerk" so as to provide for the monthly distribution of said tax among the counties of the State, and for other purposes.
By Mr. Dekle of the 6th District-
Senate Bill No. 47. A bill to be entitled an Act establishing a public school system for the City of Valdosta, approved December 20, 1893. And Acts amendatory thereof, ::~.nd for other purposes.
By Mr. Denton of the 38th District-
Senate Bill No. 54. A bill to be entitled an Act to create the office of Commissioner of Roads and Revenues for the County of Paulding; to provide for election thereof; to prescribe qualifications, duties, and powers of such commissioner; to fix his salary; to provide a clerk, defining his duties and fixing his compensation; to provide how vacancies shall be filled; to provide for a ratification of this Act by vote of the people of said county before same becomes effective, and for other purposes.
458
JouRNAL oF THE HousE,
The following message was received from the Senate through Mr. Bouifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following resolutions of the House, to-wit:
By Messrs. McRae and Ecford of Fulton, Dorsett of Carroll, Key of Jasper, Hutcheson of Walker, and Edwards of Gilmer-
House Resolution No. 31. A resolution requesting the Treasury Department of the Federal Government to specify the use of Georgia marble in the construction of the exterior portions of the new post office building, for the City of Atlanta.
By Messrs. Lanier, Lester, and Cartledge of Richmond-
House Resolution No. 30. A resolution endorsing and approving the memorial to Dr. Paul Fitzsimmons Eve and providing for the appointment of a committee from the House of Representatives and the Senate to attend the unveiling of said memorial at Augusta, Georgia, in November, 1931.
By Mr. Gullatt of Campbell-
House Resolution No. 18-115c. To relieve E. J. Johnson as surety on a bond.
The following message was received from the Senate through Mr. Bouifeuillet, the Secretary thereof:
~fr. Speaker:
The Senate has passed by the reqmstte constitutional majority the following bills of the Senate, to-wit:
FRIDAY, JuLY 10, 1931.
459
By Mr. Reagan of the 35th District-
Senate Bill No. 37. A bill to be entitled an Act to amend an Act approved September 18, 1883, and the Acts amendatory thereof, incorporating the Town of McDonough so as to provide for the registration of voter, and for other purposes.
By Messrs. Neisler of the 23rd District, Langford of the 22nd District, and McWhorter of the 50th District-
Senate Bill No. 20. A bill being a propos:,J.l to amend the Constitution of the State of Georgia so that Paragraph 2, of Section 6, of Article 7, be amended by changing the period after the word "health" at the end of said section to a semi-colon, and by adding at the end of said paragraph the words, "to employ county :tgricultural and county home economics extension workers," and for other purposes.
By Mr. Reagan of the 35th District-
Senate Bill No. 36. A bill to be entitled an Act to amend Section 4775(c) of Volume 4 of the Park's Civil Code of Georgia, relative to terms of office of County Judges, and for other purposes.
By Mr. McKenzie of the 48th District-
Senate Bill No. 6. A bill to be entitled an Act to codify the school laws of the State of Georgia, generally known as the Georgia School Code.
By unanimous consent, the following bills and resolutions of the House were introduced, read the first time, and referred to the committees:
By Mr. Stewart of CoffeeHouse Bill No. 280. A bill to require the State Veter-
460
JouRNAL OF THE HousE,
inarian to inaugurate and maintain a system of Sanitary Control, and for other purposes.
Referred to Committee on General Agriculture No.2.
By Mr. Colson of Glynn and others-
House Bill No. 281. A bill to abrogate and annul the powers of the Superintendent of Banks, and for other purposes.
Referred to Committee on State of the Republic.
By Mr. Fraser of Liberty-
House Bill No. 282. A bill to repeal an Act requiring live-stock dealers in Liberty County to register and pay a tax, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Fraser of Liberty-
House Bill No. 283. A bill to abolish the offices of Tax Receiver and Tax Collector in Liberty County, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Paulk ofTurner-
House Bill No. 284. A bill to amend an Act creating the Board of Commissioners of Roads and Revenues of Turner County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Battle, Meredith, and Roberts of Muscogee-
House Bill No. 285. A bill to amend the charter of the City of Columbus, and for other purposes.
Referred to Committee on Municipal Government.
FRIDAY, JuLY 10, 1931.
461
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 286. A bill to confer a discretion upon the Trial Judge in both crimill'll and ci vii cases, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 287. A bill to amend the General Tax Act, and for other purposes.
Referred to Committee on Ways and Means.
By Messrs. Bunn and Stanton of Ware-
House Bill No. 288. A bill to amend an Act to provide a new charter for the City of W':lycross, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Courson of Brantley-
Hause Bill No. 289. A bill to amend an Act incorporating the City of Nahunta, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Courson of Brantley-
Hause Bill No. 290. A bill to abolish the offices of Tax Receiver and Tax Collector of Brantley County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Kennedy of Lamar and Fagan of Peach-
House Bill No. 291. A bill to amend the Code by placing a tax upon the privilege of engaging in cert;tin occupations, and for other purposes.
Referred to Committee on Ways and Means.
462
JouRNAL oF THE HousE,
By Mr. McRae of Fulton-
House Bill No. 292. A bill to authorize the suspension of sentences in misdemeanor cases, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Harris of Terrell-
House Bill No. 293. A bill to consolidate the offices of Tax Receiver and Tax Collector of Terrell County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Griffin of Decatur-
House Resolution No. 39-29la. A resolution instructing the Printing Committee to make a thorough investigation of the Printing Department, and for other purposes.
Referred to Committee on Printing.
By Messrs. Meredith and Roberts of Muscogee-
House Resolution No. 40-29lb. A resolution to authorize the Governor to draw warrants on the Treasurer for certain purposes, and for other purposes.
Referred to Committee on State of the Republic.
By Messrs. Chalker of Pulaski, Weeks of Columbia, and Harris of Terrell-
House Resolution No. 41-29lc. A resolution to sell the Georgia Experiment Station at Griffin, and for other purposes.
Referred to Committee on State of the Republic.
By Mr. McRae of FultonHouse Resolution No. 42-29ld. A resolution to require
FRIDAY, JuLY 10, 1931.
463
certain information from the State Treasurer, and for other purposes.
Referred to Committee on State of the Republic.
Mr. Rosser of Walker 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:
House Bill No. 49 do pass.
Respectfully submitted,
RossER of Walker,
Chairman.
Mr. Culpepper of Fayette 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:
House Bill No. 19 do pass by substitute.
Respectfully submitted, CuLPEPPER of Fayette,
Chairm<~.n.
464
JouRNAL oF THE HousE,
Mr. Davis of Floyd County, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee oti. 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:
House Bill No. 200. An Act to amend Section 147 of the School Code of Georgia, approved August 19, 1919, so as to prohibit voters living in independent school systems from voting for County School Superintendents. Do pass.
House Bill No. 117. An Act to amend the School Code of Georgia providing or prescribing qualifications of County Superintendents of Schools, and for other purposes. Do pass by substitute.
House Bill No. 173. An Act empowering trustees of local school districts and independent school districts in the State of Georgia to contract with each other. Do not pass.
Respectfully submitted,
DAVIS of Floyd,
Chairman.
Mr. Johnson of Seminole County, Chairman of the Committee on General Agriculture No. 1, submitted the following report:
Mr. Speaker:
Your Committee on General Agriculture No. 1 has had under consideration the following bill of the House and has instructed me, as ch<tirman, to report the same back to the House with the recommendation that:
FRIDAY, JuLY 10, 1931.
465
House Bill No. 139 do not pass. Respectfully submitted, JOHNSON of Seminole, Chairman.
Mr. Lewis of Hancock County, Chairman of the Committee on General Judiciary No. 1, submitted the following report:
Mr. Speaker: Your Committee on Genenl 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 that:
House Bill No. 162 do pass.
House Bill No. 247 do pass. House Bill No. 176 do pass. Senate Bill No. 5 do not pass. House Bill No. 54 do pass by substitute.
Respectfully submitted, LEWIS of Hancock, Chairman.
Mr. Allen of Baldwin 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 and resolutions of the House and has instructed me, as chairman, to report
466
JouRNAL OF THE HousE,
the same back to the House with the recommendation that:
House Bill No. 16 do pass. House Bill No. 32 do pass by Committee Substitute. House Bill No. 61 do pass as amended. House Resolution No. 32 do pass.
Respectfully submitted, ALLEN of Baldwin, Chairman.
Mr. Cannon of Rockdale County, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Mr. Speaker:
Your Committee on Hygiene and Sanitation 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:
House Bill No. 155 do pass as amended.
Respectfully submitted,
CANNON of Rockdale,
Chairman.
Mr. Huddleston of Meriwether County, Chairman of the Committee on Military Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Military Affairs has had under consideration the following bill of the House and has in-
FRIDAY, JuLY 10, 1931.
467
structed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 97 do pass. Respectfully submitted, HuDDLESTON of Meriwether, Chairman.
Mr. Rivers of Wheeler County, Chairman of the Committee. on Penitentiary, submitted the following report:
Mr. Speaker:
Your Committee on Penitentiary 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:
House Bill No. 177 do pass.
Respectfully submitted,
RIVERS of Wheeler,
Chairman.
Mr. Beasley of Tattnall 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 resolution of the House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Resolution No. 15-50a do pass.
Respectfully submitted,
BEASLEY of Tattnall,
Chairman.
468
JouRNAL oF THE HousE,
Mr. Beasley of Tattnall 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:
House Bill No. 156 do not pass.
Respectfully submitted,
BEASLEY of Tattnall,
Chairman.
July 10, 1931.
To the General Assembly of the State of Georgia:
I hand you herewith tabulation of all fee reports filed in the office of the comptroller-General since my last report to the 1929 Session of the Legislature.
Respectfully,
w. B. HARRISON,
Comptroller-General.
EXHIBIT "A"
FEE REPORTS, STATE HOUSE OFFICIALS AND EMPLOYEES
CLERK CouRT oF APPEALS
Fees Received
2nd Quarter, 1929 ............................ $1,306.75
3rd " 1929 ............................ 1,364.25
4th
"
1929 . ... 1,158.95 0.
0
1st " 1930 ............................ 1,432.60
FRIDAY, JuLY 10, 1931.
469
CLERK CouRT OF APPEALS
2nd Quarter 1930 ............................ $1,054.40
3rd " 1930 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 594.30
4th
,,
1930 . ....... 1,760.90 0
0
0
0
0
0
0
0
0
1st " 1931 ............................ 1,789.75
STATE LIBRARIAN
2nd Quarter, 1929 ............................ $ 724.00
3rd " 1929 ........................... . 722.00
4th
''
1929 .......... 0
0
0
0
608.00
1st " 1930 ........................... . 1,037.80
2nd '' 1930 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 766.00
3rd '' 1930 ........................... . 608.00
4th
''
1930 ........ 0
0
0
534.00
1st " 1931 ........................... . 1,000.00
EXHIBIT "B" FEE REPORTS, SHERIFFS OF CITY COURTS
No reports filed.
EXHIBlT "C" FEE REPORTS, COURT REPORTERS AND
STENOGRAPHERS
No reports filed.
EXHIBIT "D" FEE REPORTS, JUDGES CITY AND COUNTY
COURTS
No reports filed.
EXHIBIT "E" COUNTY TREASURERS, COMMISSIONS
No reports filed.
470
JouRNAL OF THE HousE,
EXHIBIT "F" FEE REPORTS, SOLICITORS-GENERAL
Second Quarter, 1929 Northeastern Circuit-Income $4,583.32; expenses $1,443.75
Third Quarter, 1929 Northeastern Circuit-Income $5,523.38; expenses $2,282.41
Fourth Quarter, 1929 Northeastern Circuit-Income $6,547.84; expenses $2,437.93
Year 1929 Albany Circuit-Income $5,380.75
First Quarter, 1930 Albany Circuit-Income $340.50 Northeastern Circuit-Income $3,568.58; expenses $1,570.93 Pataula Circuit-Income $665.75
Second Quarter, 1930 Northeastern Circuit-Income $2,999.24; expenses $857.74 Pataula Circuit-Income $2,114.65
Third Quarter, 1930 Ocmulgee Circuit-Income $94.00 Pataula Circuit-Income $197.50
Fourth Quarter, 1930 Northeastern Circuit-Income $3,147.12; expenses $1,056.83 Ocmulgee Circuit-Income $2,076.74 Pataula Circuit-Income $3,091.99
First Quarter, 1931 Northeastern Circuit-Income $1,739.67; expenses $87.30 Pataula Circuit-Income $366.10
FRIDAY, JuLY 10, 1931.
471
EXHIBIT "G" FEE REPORTS, CLERKS CITY AND COUNTY
COURTS No reports filed.
EXHIBIT "H" FEE REPORTS, SOLICITORS CITY AND COUNTY
COURTS No reports filed.
EXHIBIT "I" FEE REPORTS, ORDINARIES
Second Quarter, 1929
Counties
Total Commis-
stons
Insolvent or Uncal-
lected Costs
Number Clerks Employed
Expense
MARION ...
$158.83
0
0
0
0
Third Quarter, 1929
MARION ... 80.40 $
0
0
0
Fourth Quarter, 1929
MARION ...
$177.35
0 0
0
0
472
JouRNAL OF THE HousE,
FEE REPORTS, ORDINARIES First Quarter, 1930
Counties
Total Commis-
stons
Insolvent or Uncol-
lected Costs
Number Clerks Employed
Expense
MARION ...
$241.80
0
0
0
Second Quarter, 1930
MARION... $159.451......... .
0
0
Third Quarter, 1930
MARION ... $ 75.10 0. 0
0
0
Fourth Quarter, 1930 No reports filed.
No reports filed.
First Quarter, 1931
EXHIBIT 'T'
FEE REPORTS, CLERKS SUPERIOR COURT
County
Second Quarter, 1929
Jefferson Employees, 2; Expenses $530.00; Insolvent costs uncollected $331.50; Fees tn criminal cases $132.33; Fees in civil
FRIDAY, JuLY 10, 1931.
473
County
Total Fees cases $97.40; Court Work $14.00; Recording Papers $1,537.15. Total Receipts ............................. $ 1,780.88
Third Quarter, 1929
Jefferson Employees, one; Expenses $430.00; Insolvent costs uncollected $168.10; Fees in criminal cases $160.65; Fees in civil cases $116.20; Court Work $33.46; Recording Papers $377.30. Total Receipts ............................. $
727.31
Fourth Quarter, 1929
Jefferson Employees, two; Expenses $480.00; Insolvent costs uncollected $535.65; Fees in criminal cases $267.75; Fees in civil cases $488.05; Court Work $79.00; Recording Papers $460.55. Total Receipts. . . . . . . . . . . . . . . . . . . . . $ 1,295.35
First Quarter, 1930
Jefferson Employees, two; Expenses $475.00; Insolvent costs uncollected $362.90; Fees in criminal cases $103.95; Fees in civil cases $318.45; Court Work $109.65; Recording Papers $932.50. Total Receipts ..................... $ 1,464.55
Second Quarter, 1930
Jefferson Employees, two; Expenses $462.00; Insolvent costs uncollected $197.05; Fees in criminal cases $46.35; Fees in civil cases $348.85; Court Work $17.30; Recording Papers $1,231.55. Total Receipts .......................... $ 1,644.05
474
JouRNAL or THE HousE,
Third Quarter, 1930
County
Total Fees
Jefferson Employees, one; Expenses $450.00; Insolvent costs uncollected $119.25; Fees in criminal cases 3178.30; Fees in civil cases $53.05; Court Work S38.90; Recording Papers $296.10. Total Receipts ..................... S
566.35
Fourth Quarter, 1930
Jefferson Employees, one; Expenses S450.00; Insolvent costs uncollected $267.75; Fees in criminal cases S360.65; Fees in civil cases $183.50; Court Work S37.50; Recording Papers S369.15; Total Receipts ..................... S
950.80
First Quarter, 1931
Decatur Expenses $629.90; Fe~s in criminal cases $397.80; Fees in civil cases 3424.30; Court Work 847.10; Recording Papers $1,267.05. Total Receipts .. $ 1,364.70
Jefferson Employees, two; Expenses $450.00; Insolvent costs uncollected $446.10; Fees in criminal cases $279.90; Fees in civil cases $403.85; Court Work $98.90; Recording Papers $1,049.80. Total Receipts. . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,832.45
EXHIBIT "K" FEE REPORTS, SHERIFFS No reports filed.
FRIDAY, JuLY 10, 1931.
475
EXHIBIT "L" FEE REPORTS, TAX COLLECTORS No reports filed.
EXHIBIT "M" FEE REPORTS, TAX RECEIVERS No reports filed.
EXHIBIT "N" FEE REPORTS, CORONERS No reports filed.
EXHIBIT "0" FEE REPORTS, COUNTY SURVEYORS No reports filed.
The following bills and resolutions of the House, favorably reported, were read the second time:
By Mr. Grayson of ChathamHouse Bill No. 16. A bill to amend the Code relative
to sentencing of convicts, and for other purposes.
By Messrs. Hutcheson and Rosser of WalkerHouse Bill No. 19. A bill to appropriate $3,000.00 to
provide free tuition for children of soldiers of the World War.
By Messrs. Lindsay and Leathers of DeKalb, and Brown of Greene-
House Bill No. 32. A bill to provide for the manner in which tax fi. fas. shall be issued by tax collectors, and for other purposes.
476
JouRNAL OF THE HousE,
By Messrs. Maynard of Sumter and Allen of Baldwin-
House Bill No. 49. A hill to amend the Constitution relative to the General Assembly passing local bills.
By Mr. Cochran of Thomas-
House Bill No. 54. A hill to exempt $15.00 per week out of pension money as exempt from garnishment.
By Mr. Duncan of Houston and others-
House Bill No. 61. A hill to adopt and make of force the Code of laws approved by the Code Commission, and for other purposes.
By Mr. Colson of Glynn-
House Bill No. 97. A hill to amend an Act approved August 15, 1921, relative to the reorganization of the military forces of this State, and for other purposes.
By Mr. Cain of Crisp-
House Bill No. 117. A bill to amend the Code of Schools of Georgia so as to provide the qualifications of County School Superintendents, and for other purposes.
By Messrs. Lindsay and Leathers of DeKalb-
House Bill No. 155. A bill to amend an Act regulating the practice of barbering, and for other purposes.
By Mr. Alexander of Chatham-
House Bill No. 162. A bill to amend the Code relative to divorces, and for other purposes.
By Mr. Stewart of Coffee-
House Bill No. 176. A bill to regulate the business of making loans of $300.00 or less, and for other purposes.
FRIDAY, JuLY 10, 1931.
477
By Messrs. Terrell and King of Clay, and Cowart of Calhoun-
House Bill No. 177. A bill to allow the convict wardens of this State to use the lash or whip in certain cases.
By Mr. Lindsay of DeKalb-
House Bill No. 200. A bill to amend the School Code by prohibiting voters living in any independent school district from voting in any primary or election for County School Superintendent, and for other purposes.
By Messrs. Davis and Mooty of Troup-
House Bill No. 247. A bill to make inadmissable in all courts of this State evidence obtained by illegal search and seizure of persons and property, and for other purposes.
By Mr. Westbrook of Dougherty and others-
House Resolution No. 15-50a. A resolution to make certain roads State Aid Highways.
By Messrs. Lindsay, Beaman, and Leathers of DeKalb-
House Resolution No. 32-237a. A resolution to relieve George L. Trimb~ as surety on bond of Q. C. Jordan principal, and for other purposes.
By unanimous consent, the following bills of the House were read the third time and placed upon their passage:
By Mr. Bush of Miller-
House Bill No. 50. A bill to be entitled an Act to amend an Act creating the City Court of Miller County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
478
JouRNAL OF THE HousE,
On the passage of the bill, the ayes were 104, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Morris of Atkinson-
House Bill No. 73. A bill to be entitled an Act to repeal an Act to create a Board of Commissioners of Roads and Revenues for the County of Atkinson, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Morris of Atkinson-
House Bill No. 75. A bill to be entitled an Act to create the office of Commissioner of Roads and Revenues in the County of Atkinson, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes wer~ 106, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Musgrove of Clinch and Culpepper of Echols-
Hause Bill No. 104. A bill to be entitled an Act to prohibit fishing except with hook and line, bob, rod and reel, in Clinch and Echols Counties, and for other purposes.
The report of the committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
FRIDAY, JuLY 10, 1931.
479
The bill having received the requisite constitutional majority was passed.
By Mr. Beasley of Tattnall-
House Bill No. 107. A bill to be entitled :tn Act to amend an Act creating a City Charter for Cobbtown, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Beasley of Tattnall-
House Bill No. 108. A bill to be entitled an Act to amend an Act excluding road duties in certain counties, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. James of Jones-
House Bill No. 123. A bill to be entitled an Act to amend an Act creating the City Court of Gray, Georgia, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the p:1Ss:1ge of the bill, the ayes were 110, nays 0.
The bill having received the requisite constitutional majority was passed.
480
JouRNAL oF THE HousE,
By Mr. James of Jones--
House Bill No. 124. A bill to be entitled an Act to provide that the Alternative Road Law sh1ll not apply to certain counties, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, nays a.
The bill having received the requisite constitutional majority was passed.
By Mr. Brown of Greene-
House Bill No. 125. A bill to be entitled an Act to amend the charter of the City of White Plains, and for other purposes.
The report 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 p'lssed.
By Mr. Horne of Lee-
House Bill No. 135. A bill to be entitled an Act to abolish the City Court of Leesburg, and for other purposes.
The report 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 Messrs. Battle, Meredith, and Roberts of MuscogeeHouse Bill No. 171. A bill to be entitled an Act to
FRIDAY, JuLY 10, 1931.
481
amend an Act creating a new charter for the City of Columbus, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
. On the passage of the Act, the ayes were 114, nays 0.
The hill having received the requisite constitutional m'ljority was passed.
By Messrs. Bean and Dorsett of Carroll-
House Bill No. 174. A hill to be entitled an Act to amend an Act establishing a City Court for Carrollton, and for other purposes.
The report of the committee, whic~ was favorable to the passage of the bill, was agreed to.
On the passage of the hill, the ayes were 115, nays 0.
The hill having received the requisite constitutional majority was passed.
By Mr. Hampton of Fannin-
House Bill No. 191. A hill to be entitled an Act to amend Section 12 of an Act approved August 26, 1925, for the protection of birds, game, fish and fur-bearing animals, so as to provide that the trapper's license issued by the Commissioner of Game and Fish therein referred to shall not be required in counties having a population of not more than 12,970 and not less than 12,968, according to the official census of the United States Government for the year 1930, and for other purposes.
The report 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.
482
JouRNAL OF THE HousE,
By unanimous consent, the following bills and resolution of the Senate were read the first time and referred to the committees:
By Mr. Weekes of the 34th District and others--
Senate Bill No. 3. A bill to regulate the practice of law and the performance of legal service, and for other purposes.
Referred to Committee on General Judiciary No. 2.
By l\1r. McKenzie of the 48th District-
Senate Bill No. 6. A bill to amend the Georgia School Code, and for other purposes.
Referred to Committee on Education.
By Mr. Neill of the 24th District-
Senate Resolution No. 8. A bill proposing to the people of the State of Georgia an amendment to the Constitution, and for other purposes.
Referred to Committee on Amendments to the Constitution.
By Messrs. Neisler of the 23rd District, Langford of the 22nd District, 'lnd .McWhorter of the 50th District-
Senate Bill No. 20. A bill to amend the Constitution relative to the employment of county agricultural and county home economics workers, and for other purposes.
Referred to Committee on Amendments to Constitution.
By Mr. Brock of the 44th District-
Senate Bill No. 26. A bill to fix the venue of all suits at law or in equity against the State Highway Department, _and for other purposes.
Referred to Committee on Public Highways.
FRIDAY, JuLY 10, 1931.
483
By Mr. Reagan of the 35th District-
Senate Bill No. 36. A bill to 1.mend the Code relative to the term of office of County Judges, and for other purposes.
Referred to Committee on General Ju4iciary No. 2.
By Mr. Reagan of the 35th District-
Senate Bill No. 37. A bill to amend an Act incorporating the Town of McDonough, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Pruett of the 32nd District-
Senate Bill No. 42. A bill to amend the Fuel Distributors Act, approved August 24, 1925, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Dekle of the 6th District-
Senate Bill No. 47. A bill to amend an Act establishing a public school system for the City of Valdosta, and for other purposes.
Referred to Committee on Education.
By Mr. Denton of the 38th District-
Senate Bill No. 54. A bill to create the office of Commissioner of Roads and Revenues for the .County of Paulding, and for other purposes.
Referred to Committee on Counties and County Matters.
The following resolution of the House was read:
By Messrs. Stewart of Coffee and Thomas of Wayne-
House Resolution No. 43. A resolution to appoint a special committee of the House to be known as the Lobby Committee, prescribing their duties, and for other purposes.
484
JocR:-JAL OF THE HousE,
Mr. Lindsay of DeKalb moved to table the resolution.
Mr. Gullatt of Campbell moved the previous question.
The motion to table prevailed and the resolution was tabled.
Mr. Stew::trt of Coffee arose to a question of personal privilege and addressed the House.
Mr. Lanier of Richmond arose to a question of personal privilege and addressed the House.
The following resolution of the House was read and adopted:
By Mr. Andrews of Crawford and others-
House Resolution No. 44. A resolution that the General Assembly use cotton stationery or stationery made of cotton products, except in certain instances, and for other purposes.
Under the order of unfinished business, the following bill of the House was again taken up for consideration:
By Mr. Lewis of Hancock-
House Bill No. 37. A bill to be entitled an Act to propose to the people of Georgia an amendment to the Constitution of the State relative to the imposition of taxes to pay county agent.s, and for other purposes.
Mr. Lewis of Hancock moved that further consideration of this bill be postponed until next Tuesday morning immediately after expiration of the period of Unanimous Consents, and that the bill be a special and continuing order of business at that time.
Mr. Walker of Ben Hill moved to table the bill, and the motion was lost.
The motion by Mr. Lewis of Hancock to postpone prevailed.
FRIDAY, JuLY 10, 1931.
48;")
Mr. Lindsay of DeKalb moved that the House do now adjourn, and the motion was lost.
Under the regular order of business, the following bills of the House were taken up for consideration and read the third time:
By Messrs. Rosser and Hutcheson of Walker-
House Bill No. 10. A bill to be entitled an Act to amend Section 696 of the Code of 1910, as 1mended by the General Assembly of 1911, the General Assembly of 1919, the General Assembly of 1920, and the General Assembly of 1923, by striking therefrom the figures 23,370, and also striking therefrom the figures 23,400 and inserting in lieu thereof the figures 26,300, relative to taxation in certain counties in Georgia, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 118, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Fagan of Peach-
House Bill No. 39. A bill to be entitled an Act to provide the salary to be paid the Solicitor-General of the Macon Judicial Circuit by the County of Peach, and for. other purposes
Mr. Mooty of Troup moved that the House do now adjourn, and the motion was lost.
Mr. Thomas of Wayne moved the previous question; 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.
486
JouRNAL oF THE HousE,
On the passage of the bill, the ayes were 109, nays 0.
The bill having received the requisite constitutional majority was passed.
Privileges of the floor were granted to Hon. Harry L. Taylor, Hon. J. B. Bedingfield, and Hon. J. A. Merritt of Laurens County, Hon. J. Q. Smith and Hon. Jeff Pope of Grady County, Hon. Charles Beach Edwards of Chatham County, Hon. C. R. Vaughn of Rockdale County, Hon. J. W. warren, Hon. Roy H. Duggan, and Hon. E. H. Lawson of Washington County, and Hon. Hubert Waters of Emanuel County.
Mr. Mooty of Troup moved that the House do now adjourn, and the motion prevailed.
Leave of absence was granted to Messrs. McGehee of Talbot, Allen of Baldwin, and Wilkes of Mitchell.
The Speaker announced the House adjourned until Monday morning, at 11:00 o'clock.
MoNDAY, juLY 13, 1931.
487
REPRESENTATIVE HALL, ATLANTA, GA.,
MoNDAY, juLY 13, 1931.
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 Allen Almand Andrews Arnold Airington Ashley Atwood Awtrey Bargeron Barrett Battle Beaman Bean Beasley Bennett of Bacon Bennett of Jeff Davis Bland Brannen Brown Brunson Bunn Burton Bush Cain Cannon Carlisle of Bibb Carlisle of Grady Cartledge Chalker
Chambers Childs Clark Clements of Marion Clements of Telfair Cochran Collier Colson Courson Cowart Cozart Crawford Crowe Cullens Culpepper of Echols Culpepper of Fayette Davis of Floyd Davis of Jackson Davis of Mitchell Davis of Troup Dixon Donaldson Dorsett Duncan Dykes Eckford Edmondson Edwards of Gilmer Edwards of Stephens Elliott Evans
Fagan Franklin Fraser Freeman Gary Gillen Graham Grayson Green Greer Griffeth Griffin of Decatur Griffin of Wilkes Gullatt Hampton Hardin Harris Harrison of Camden Harrison of Jenkins Hatcher Hawes Hodges Holt Horne Howard of Chatt'h'chee Howard of Long Hubbard of Habersham Hubbard of Wilkinson Huddleston Hutcheson Hyman
488
JouRNAL oF THE Hoes,
Irvin
Montgomery
James
Mooty
Johnson of Montgomery Morris
Johnson of Pike
Moye
Johnson of Seminole Mundy
Johnston
Musgrove
Jones of Burke
Myrick
Jones of Lumpkin Nelson of Oook
Jones of Paulding Nelson of Laurens
Kennedy
Oliver
Key
Osteen
Killebrew
Pace
Kimbrough
Parham
Kimsey
Park
King of Clay
Patten
King of Newton
Paulk
Lance
Peebles
Lanham
Phillips
Lanier
Pittard
Leathers
Pope
Lester
Powell
Lewis of Gordon
Preston
Lewis of Hancock
Purdy
Lindsay
Purvis
Logan
Rabun
Lord
Rivers
McElreath
Roberts
McGehee
Robertson
McKoy
Ross of Appling
McLeod
Ross of Dodge
McRae
Rosser
McWhorter
Sammon
Mallard
Scarbrough
Mardre
Seckinger
Mattox
Sharpe
Mercer
Shirley
Meredith
Simmons
Mixon
Sims Sisk Skelton Spivey Stanton Stewart Still Stone Strickland of Douglas Strickland of Haralson Sutton Swain Tate Taylor Thomas Thomoson Thompson Tippins
Townsend Trapnell Trotter Turner Waldrop Walker of Ben Hill Walker of Brooks Walker of Morgan Walker of Screven Wall Weeks Westbrook Whittle Wilkes Williams Wilson Wood Yawn Mr. Speaker
Mr. Hardin of Whitfield, Chairman of the Committee on Jqurnals, 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.
MoNDAY, JuLY 13, 1931.
489
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. Eckford of Fulton asked unanimous consent that his name be stricken from House Resolution No. 25-191A, as one of the authors thereof, and the request was granted.
Mr. Colson of Glynn asked unanimous consent that House Bill No. 194, known as the "Reorganization Bill," be set as a special and continuing order of business for tomorrow, Tuesday, July 14, 1931, to follow House Bill No. 37, and the request was granted.
Mr. Stewart of Coffee asked unanimous consent that House Bill No. 176 be recommitted to the Committee on General Judiciary No. 1, and the request was granted.
The following resolutions of the House were read and adopted:
By Messrs. Donaldson of Bulloch, Tucker of Berrien, and others-
House Resolution No. 47. A resolution extending the sympathy of the House to Hon. Harvey D. Brannen, Representative from Bulloch, upon the death of his sister.
490
Jot;RNAL OF THE HousE,
By Messrs. Beasley of Tattnall and Meredith of Muscogee-
House Resolution No. 48. A resolution that a committee from the House and Senate be appointed to confer with the State Highway Board with a view to preparing 11 an amendment to the Neill-Traylor Highway Act of 1929 to correct inequalities therein and to clarify said Act in such particulars as said commission and said Highway Commission deem advisable, said amendment to be submitted to the present Legislature for consideration, and for other purposes.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker: The Senate has passed by the reqms1te constitutional
majority the following bills of the House, to-wit:
By Messrs. Crawford, Davis, and Lanham of Floyd-
House Bill No. 59. A bill to be entitled an Act to amend an Act approved August 13, 1924, entitled "An Act to change from the fee to the salary system in certain counties in Georgia the Clerk of the Superior Court," and for other purposes.
By Messrs. Davis, Lanham, and Crawford of Floyd-
House Bill No. 58. A bill to be entitled an Act to regulate writs of certiorari before the Supreme Court of the State of Georgia to the Court of Appeals of the State of Georgia, and for other purposes.
By unanimous consent, the following bills and resolutions of the House were introduced, read the first time~
and referred to the committees:
MoNDAY, JuLY 13, 1931.
491
By Mr. Eckford of Fulton-
House Bill No. 294. A bill to provide for the escheating of unclaimed deposits in all banks and trust companies, and for other purposes.
Referred to Committee on Banks and Banking.
By Mr. Dixon of Pierce--
House Bill No. 295. A bill to provide that the alternative four days road law shall not be operative in certain counties, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Morris of Atkinson-
House Bill No. 296. A bill to amend an Act chartering the City of Pearson, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Skelton of Hart-
House Bill No. 297. A bill requiring certain courts to pass upon all assignments of error in bills of exception, and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Mr. Hubbard of Wilkinson-
House Bill No. 298. A bill to repeal an Act creating a Board of Commissioners of Roads and Revenues for the County of Wilkinson, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Hubbard of WilkinsonHouse Bill No. 299. A bill to create a Board of Com-
492
JouRNAL OF THE HousE,
m1ss1oners of Roads and Revenues of \Vilkinson County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Myrick of Chatham-
House Bill No. 300. A bill to define and regulate the carriage for hire over the highways of this State, and for other purposes.
Referred to Committee on Railroads.
By Mr. Myrick of Chatham-
House Bill No. 301. A bill prescribing conditions under which common-carriers by motor vehicles are permitted to operate, and for other purposes.
Referred to Committee on Railroads.
By Mr. Myrick of Chatham-
House Bill No. 302. A bill providing for the inspection of steam boilers, and for other purposes.
Referred to Committee on Labor and Labor Statistics.
By Messrs. Leathers and Lindsay of DeKalb-
House Bill No. 303. A bill regulating the wages of laborers employed on public buildings of the State of Georgia, and for other purposes.
Referred to Committee on Labor and Labor Statistics.
By Mr. Waldrop of Union-
House Bill No. 304. A bill to regulate the operation of game and fish laws in the several counties of the State of Georgia, and for other purposes.
Referred to Committee on Game and Fish.
MoNDAY, JuLY 13, 1931.
493
By Messrs. Eckford and McRae of Fulton-
House Bill No. 305. A bill to amend the Constitution relative to a tax for educational purposes, and for other purposes.
Referred to Committee on Amendments to the Constitution.
By Mr. Sammon of Gwinnett-
House Bill No. 306. A bill to amend an Act establish- ing a system of public schools in the Town of Lawrenceville, and for other purposes.
Referred to Committee on Education.
By Mr. Clark of Catoosa-
House Bill No. 307. A bill regulating the hours of voting in certain counties, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Clark of Catoosa-
House Bill No. 308. A bill to increase the number of terms of the Superior Court of Catoosa County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Bunn of Ware-
House Bill No. 309. A bill to create a Board of Civil Service Commission for the City of Waycross, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Collier of MadisonHouse Bill No. 310. A bill to disconnect the several
494
JouRNAL oF THE HousE,
Industrial and Agricultural Schools established m each Congressional District, and for other purposes.
Referred to Committee on University of Georgia and its Branches.
By Messrs. Hatcher of Johnson and Park of Bibb-
House Bill No. 311. A bill to amend the Constitution relative to the meeting of the General Assembly, and for .other purposes.
Referred to Committee on Amendments to the Constitution.
By Messrs. Hatcher of Johnson and Park of Bibb-
House BilJ No. 312. A bill to amend the Constitution relative to the compensation of the members of the General Assembly, and for other purposes.
Referred to Committee on Amendments to the Constitution.
By Mr. Harris of Terrell-
House Resolution No. 45-310a. A resolution to relieve J. E. Brim as surety on a bond, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By ~1essrs. Eckford and Still of Fulton-
House Resolution No. 46-310b. A resolution to refund to lumber dealers money paid by mistake, and for other purposes.
Referred to Committee on State of the Republic.
Mr. Stanton of Ware County, Chairman of the Committee on Banks and Banking, submitted the following report:
MoNDAY, JuLY 13, 1931.
495
Mr. Speaker:
Your Committee on Banks and Banking 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 that:
House Bill No. 172 do pass.
Senate Bill No. 17 do pass.
House Bill No. 99 do not pass.
Respectfully submitted,
STANTON of Ware,
Chairman.
The following bills of the House and Senate, favorably reported, were read the second time:
By Mr. Burton of Franklin-
House Bill No. 172. A bill to make the Farmers' Bank of Royston a State Depository, and for other purposes.
By Mr. Strickland of the 1st District-
Senate Bill No. 17. A bill to amend an Act regulating banking in the State of Georgia, and for other purposes.
By unanimous consent, House Bills Nos. 157, 159, and 160 were withdrawn from further consideration of the House.
Under the regular order of business, the following bills of the House were taken up for consideration and read the third time:
By Mr. Grayson of Chatham-
House Bill No. 16. A bill to be entitled an Act to amend Section 1081 of Volume II of the Code of Georgia, adopted
496
JouRNAL OF THE HousE,
in 1910, with reference to the sentence of convicts, and for other purposes.
Mr. Rosser of Walker moved the previous question; 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 pass'lge of the bill, the ayes were 137, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Hutcheson and Rosser of Walker-
House Bill No. 19. A bill to be entitled an Act to appropriate the sum of 83,000.00 to provide free tuition for the children of soldiers, sailors and marines who died in the World War, in the Educational Institutions of the State of Georgia, and for other purposes.
By unanimous consent, the House ordered the Committee of the Whole House to dispense with the reading of the bill and all amendments thereto in their entirety in the Committee of the Whole House, and that individual speeches be limited to ten minutes.
fhe bill involving an appropriation, the House was resolved into a Committee of the Whole House and the Speaker designated Mr. Gillen of Bibb, the Speaker Pro Tern., as the chairman thereof.
The Committee of the Whole House arose, and through its chairman, reported House Bill No. 19 back to the House with the recommendation that the same do pass by substitute.
The following amendment to the Committee Substitute was read and adopted:
MoNDAY, JuLY 13, 1931.
497
By Mr. Lindsay of DeKalb-
Amend the Committee Substitute to House Bill No. 19 by adding after the word "appropriated" on the third line of Section 2 the words "by the United States Government or private donations."
The following Committee Substitute was read and adopted, as amended:
By the Committee-
A BILL
To be entitled an Act to amend an Act approved August 20, 1923 as amended by an Act approved April 10, 1926, which Act created a Service Bureau for the purpose of assisting ex-service men and women in securing benefits provided for them by Federal legislation, and for other purposes so as to provide the expenditure of such sum or sums as may in the discretion of the director of the veterans-service office be necessary to assist in the education of children of soldiers, sailors and marines who were killed in action or died during the World War and to provide for free tuition in the educational institutions of said State for such children and to give to the director of the veterans-service office such powers as is necessary to carry out the provisions of this Act, 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 an Act approved August 20, 1923 and amended April 10, 1926, creating the Veterans-Service Office be and the same is hereby amended, as follows:
Sec. 2. From and after the passage of this Act the Director of the Veterans-Service Office is hereby authorized to expend from any funds which may hereafter be donated or appropriated to the Veterans-Service Office of the State
498
JOURNAL or THE HousE,
of Georgia, such sum or sums as rnay in his discretion be necessary to provide for matriculation fees, board and room rent and books and supplies for the use and benefit of the children not under sixteen and not over twentyone years of age and who have for twelve months prior to the passage of this Act and of making application for the benefits of this Act had their domicile in the State of Georgia, of those who were killed in action or died from other cause during the World War, from :\pril 6, 1917, to July 2, 1921, while serving in the Army, Navy or Marine Corps of the United States or as a result of such service, which child or children are attending or may attend an educational or training institution of a secondary or college grade located within the State of Georgia. Said child or children shall be admitted to State institutions of secondary or college grade free of tuition.
Sec. 3. The amounts that may be or become due to any educational or training institution shall be payable to such institution from the fund hereby created on vouchers approved by the Director of the Veterans-Service Office. Said director sh'lll determine the eligibility of the child or children who may make application for the benefits provided for in this Act; satisfy himself of the attendance of such child or children at any such institution and of the accuracy of the charge or charges submitted to said director bv the authorities of such institution on account of the attendance thereat of any such children; provided, that said director shall receive no compensation for such service.
Sec. 4. Provided, that not more than $150.00 shall be paid under this Act for any one child for any one year.
The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to, as amended.
(NOTE: Appropriation by the State being eliminated by the amendment to the Committee Substitute, no roll call was necessary on final passage of the bill.)
On the passage of the bill, the ayes were 111, nays 24.
MoNDAY, JuLY 13, 1931.
499
The bill having received the requisite constitutional majority was passed by substitute, as amended.
By Messrs. Lindsay, Leathers, and Beaman of DeKalb, and Brown of Greene-
House Bill No. 32. A bill to be entitled an Act to provide for the manner in which tax fi. fas. shall be issued by Tax Collectors of the State of Georgi-:t, the various counties, municipalities and other political subdivisions thereof; to provide for the lien of such fi. fas. when issued; to provide for the manner in which taxes may be paid, and for other purposes.
The following Committee substitute for House Bill No. 32 was read and adopted:
By the Committee-
A BILL
To be entitled an Act to provide for the manner in which tax fi. fas. shall be issued by the collectors of ad valorem taxes in those counties in the State of Georgia in which are located a city or a part of a city having a population of more than 200,000; to provide for the lien of such fi. fas. when issued; and to provide for the manner in which taxes may be paid; 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 and adoption of this Act, all collectors of ad valorem taxes due the State, County, City or other political subdivision (in those counties in the State of Georgia in which are located a city or any part of a city having a population of more than 200,000 persons), shall issue a separate tax fi. fa, for the taxes due on each respective parcel of real estate set out in the original return for the amount of tax due on said parcel only, except that the amount due for taxes on the personal prop-
500
JouRNAL oF THE HousE,
ertv included in said return shall be included in the fi. fa. iss~ed against that parcel of real estate having the highest assessment, and where two or more parcels of real estate are assessed at equal amounts and at a higher valuation than any other parcel of real estate, the officer whose duty it is to issue such fi. fas. shall include the taxes due on such personal property in the fi. fa. issued against either one of those parcels having the higher assessment at his discretiOn.
Sec. 2. Be it further enacted, by the authority aforesaid that such tax fi. fa. when so issued shall constitute a lien as now provided by law, but only against the respective parcel of land and/or personalty against which the fi. fa. was issued.
Sec. 3. Be it further enacted, by the a_u thori ty aforesaid that it shall be the duty of all collectors of ad valorem taxes due the State, County, City or other political subdivision in those counties specified in Section 1 of this Act, to receive payment of and receipt for the payment of the tax due on any one or more parcels of real estate included in the original tax return without requiring payment of the tax due on other properties included in said return at any time after such tax is made payable under the laws of this State or the subdivision thereof, except that the tax due on the personal property included in such return shall be collected at the time the tax is paid on the parcel of real estate carrying the highest assessment as set out in Section 1 of this Act.
Sec. 4. Be it further enacted, by the authority aforesaid that nothing herein contained shall be construed to apply to those tax returns which include no real estate, nor to the returns of those corporations required by law to make their returns to the Comptroller-General.
Sec. 5. 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.
MoNDAY, JuLY 13, 1931.
501
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 116, nays 1.
The bill having received the requisite constitutional majority was passed by substitute.
Privileges of the floor were granted to Hon. W. H. Graham of Mcintosh County and Mrs. Joseph M. Toome, President of American Legion Auxiliary of Georgia.
Mr. Rosser of Walker moved that when the House adjourn today, it stand adjourned until tomorrow morning, at 9:00 o'clock.
Mr. Alexander of Chatham 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.
502
JouRNAL OF THE HousE,
REPRESENTATIVE HALL, ATLANTA, GA.,
TuEsDAY, JuLY 14, 1931.
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. Hardin of Whitfield, 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 cdnfitmed.
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. Shirley of Milton asked unanimous consent that House Bill No. 187 be placed on its passage immediately after the fifth order of business previously established, and the request was granted.
TuEsDAY, JuLY 14, 1931.
503
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requtstte constitutional majority the following bills of the Senate, to-wit:
By Mr. Adkins of the 9th District-
Senate Bill No. 24. A bill to be entitled an Act to create a new charter for the City of Edison in the County of Calhoun, and to reincorporate said Town, and define its territorial limits, and for other purposes.
By Mr. McWhorter of the 50th District-
Senate Bill No. 29. A bill to be entitled an Act to amend an Act approved August 15, 1921, relating to reorganization of the military forces, and to revise the military laws, and make of force a Military Code.
By Messrs. Pruett of the 32nd District and Pratt of the 41st District-
Senate Bill No. 43. A bill to be entitled an Act to regulate the distribution of Acts of the General Assembly, together with Journals of the two Houses, and for other purposes.
By Mr. Reagan of the 35th District-
Senate Bill No. 48. A bill to be entitled an Act to amend Section 4775 (d) of Volume 4 of Park's Civil Code of Georgia relative to compensation of salary to be paid judges of county courts.
By Mr. Martin of the 2nd District-
Senate Bill No. 59. A bill to be entitled an Act to amend Paragraph 1, Section 4, Article 8, of the Constitution of
504
JouRNAL OF THE HousE,
the State of Georgia so as to authorize County Boards of Education, Independent School Systems, and Local School Districts to contract with each other for the education, transportation, and care of children of school age, and for other purposes.
By Mr. Martin of the 2nd District-
Senate Bill No. 58. A bill to be entitled an Act to amend Paragraph 1, Section 4, Article 8, of the Constitution of the State of Georgia so as to authorize the consolidation of local school districts in which one or more bond issues may be outstanding, and to provide that the districts as consolidated may assume such indebtedness, and for other purposes.
By unanimous consent, the following bills and resolutions of the House were introduced, read the first time, and referred to the committees:
By Mr. Kennedy of Lamar-
House Bill No. 313. A bill providing for and regulating the manner and procedure of payment of pensions to Confederate veterans, and for other purposes.
Referred to Committee on Pensions.
By Mr. Montgomery of Webster-
House Bill No. 314. A bill to abolish the offices of Tax Receiver and Tax Collector of Webster County, and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Crawford and Lanham of Floyd, and Arnold and Wood of Clarke-
House Bill No. 315. A bill to repeal an Act fixing the
TuESDAY, JuLY 14, 1931.
505
number of days work on chaingang in certain counties, and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Peebles and McElreath of Bartow, and Hardin of Whitfield-
House Bill No. 316. A bill to abolish the fee system in the Cherokee Judicial Circuit, and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Peebles and McElreath of Bartow, and Hardin of Whitfield-
House Bill No. 317. A bill to reduce the salary of the Solicitor-General of the Cherokee Judicial Circuit, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Hubbard of Wilkinson-
House Bill No. 318. A bill to establish the City Court of Irwinton, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Hubbard of Wilkinsoa-
House Bill No. 319. A bill to abolish the County Court of Wilkinson County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Hubbard of Wilkinson-
House Bill No. 320. A bill to amend an Act establishing a charter for the City of Gordon, and for other purposes.
Referred to Committee on Municipal Government.
506
JouRNAL OF THE HousE,
By Mr. Carlisle of Bibb-
House Bill No. 321. A bill to repeal parts of an Act licensing nurserymen, and for other purposes.
Referred to Committee on General Agriculture No. 1.
By Mr. McKoy of Coweta-
House Bill No. 322. A bill to regulate the practice of Chiropractic in the State of Georgia, and for other purposes.
Referred to Committee on Hygiene and Sanitation.
By Mr. Stewart of Coffee-
House Bill No. 323. A bill to create a Board of Commissioners of Roads and Revenues of Coffee County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Griffin of Wilkes-
House Bill No. 324. A bill to provide what levies of tax executions shall be excessive, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Gullatt of Campbell-
House Bill No. 325. A bill to amend the Constitution so as to increase the number of Senators, and for other purposes.
Referred to Committee on Amendments to the Constitution.
By Mr. Townsend of Dade-
House Bill No. 326. A bill to abolish the office of Treasurer of Dade County, and for other purposes.
Referred to Committee on Counties and County Matters.
TuEsDAY, JuLY 14, 1931.
507
By Mr. Still of Fulton-
House Resolution No. 50-323a. A resolution to reimburse A. M. Robinson Co. $500.00 illegally paid, and for oth~r purposes.
Referred to Committee on State of the Republic.
By Mr. Griffin of Wilkes-
House Resolution No. 51-323b. A resolution providing for an investigation of the Judicial and Legislative Branches of the Government, and for other purposes.
Referred to Committee on State of the Republic.
Mr. Rosser of Walker 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:
House Bill No. 18 do not pass.
House Bill No. 96 do pass by substitute. House Bill No. 46 do not pass.
House Bill No. 47 do pass by substitute.
Respectfully submitted, RossER of Walker,
Chairman.
Mr. Johnson of Seminole County, Chairman of the Committee on General Agriculture No. 1, submitted the following report:
508
JouRNAL OF THE HousE,
Mr. Speaker:
Your Committee on General Agriculture No. 1 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:
House Bill No. 154 do pass as amended.
House Bill No. 175 do not pass.
Respectfully submitted, JOHNSON of Seminole, Chairman.
Mr. Stone of Early County, Vice-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 and resolutions of the House and Senate and has instructed me, as vicechairman, to report the same back to the House with the recommendation that:
House Resolution No. 27-221a do pass.
House Resolution No. 28-221b do pass.
House Bill No. 36 do pass.
House Bill No. 66 do pass.
House Bill No. 86 do pass.
House Bill No. 250 do pass.
Senate Bill No. 3 do pass.
Respectfully submitted, STONE of Early, Vice-Chairman.
TuEsDAY, JuLY 14, 1931.
509
Mr. Duncan of Houston County, Chairman of the Committee on Pensions, submitted the following report:
Mr. Speaker:
Your Committee on Pensions has had under consideration the following resolution of the House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Resolution No. 10-29a do pass.
Respectfully submitted,
Dt:NCAN of Houston,
Chairman.
The following bills and resolutions of the House, favorably reported, were read the second time:
By Mr. Strickland of HaralsonHouse Bill No. 36. A bill to amend the Penal Code of
Georgia relative to trespass, and for other purposes.
By Messrs. Lanier and Lester of RichmondHouse Bill No. 47. A bill to amend the Constitution
to pro .ride for the retirement of Justices of the Supreme Court.
By Mr. Scarbrough of PolkHouse Bill No. 66. Georgia Accountancy Bill.
By Mr. Beaman of DeKalbHouse Bill No. 86. A bill to provide that mortgages
and deeds to secure debt and bills of sale, may be attested in the same manner as is provided for deeds of bargain and sale, and for other purposes.
510
JouRNAL OF THE HousE,
By Messrs. Meredith of Muscogee and Davis of Mitchell-
House Bill No. 96. A bill to amend the Constitution, so as to authorize the General Assembly to classify intangible property and forest lands devoted to timber growing for taxation, and for other purposes.
By Mr. Thomas of Wayne-
House Bill No. 154. A bill relative to the manufacture, storage, and sale of Oleomargarine, and for other purposes.
By Messrs. Cochran of Thomas and Cartledge, Lanier, and Lester of Richmond-
House Bill No. 235. A bill to amend the Constitution, so as to authorize any municipality or county which acquires, constructs or extends any public utility, to issue bon~s therefor, and for other purposes.
By Messrs. Kennedy ofLamar, Colson of Glynn, and Battle of Muscogee-
House Bill No. 250. A bill to regulate the operation of trains on tracks thaf cross each other at grade, and for other purposes.
By Messrs. Crawford, Davis, and Lanham of Floyd-
House Resolution No. 10-29a. A resolution to investigate methods used in adding new names to pension roll, and for other purposes.
By Messrs. Alexander, Grayson, and Myrick of Chatham-
House Resolution No. 27-221a. A resolution for the
relief of L. W. Hall as surety for Frank Holmes, and for
other purposes.
-
By Messrs. Alexander, Grayson, and Myrick of Chatham-
House Resolution No. 28-221 b. A resolution for the relief of W. F. Cardinal as surety for James Houston.
TuESDAY, JuLY 14, 1931.
511
The following bill of the Senate, favorably reported, was read the second time:
By Mr. Weekes of the 34th District and others-
Senate Bill No. 3. A bill to regulate the practice of law and the performance of legal services, and for other purposes.
By unanimous consent, the following bills of the Senate were read the first time and referred to the committees:
By Mr. Adkins of the 9th DistrictSenate Bill No. 24. A bill to create a new charter of
the City of Edison, and for other purposes. Referred to Committee on Municipal Government.
By Mr. McWhorter of the 50th DistrictSenate Bill No. 29. A bill to amend an Act relating to
reorganization of the military forces, and for other purposes. Referred to Committee on Military Affairs.
By Messrs. Pruett of the 32nd District and Pratt of the 41st District-
Senate Bill No. 43. A bill to regulate the distribution of Acts and the Journals of the General Assembly, and for other purposes.
Referred to Committee on Public Library.
By Mr. Reagan of the 35th DistrictSenate Bill No. 48. A bill to amend the Code relative
to compensation of salary to be paid judges of county .courts.
Referred to Committee on Special Judiciary.
512
JouRNAL OF THE HousE,
By Mr. Martin of the 2nd District-
Senate Bill No. 58. A bill to amend the Constitution so as to authorize the consolidation of local school districts in which one or more bond issues may be outstanding, a'nd for other purposes.
Referred to Committee on Amendments to the Constitution.
By Mr. Martin of the 2nd District-
Senate Bill No. 59. A bill to amend the Constitution to permit county boards of education to contract with each other, and for other purposes.
Referred to Committee on Amendments to the Constitution.
By unanimous consent, the following bill of the House was read the third time and placed upon its passage:
By Mr. Shirley of Milton-
House Bill No. 187. A bill to be entitled an Act to merge Milton County with Fulton County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, t~e ayes were 109, nays 0.
The bill having received the requisite constitutional majority was passed.
The following resolution of the House was read:
By Messrs. Hardin ofWhitfield and Taylor of WashingtonHouse Resolution No. 49. A resolution that in order
to expedite the business of this House all individual speeches on any bill pending before the House shall be limited to a
TUESDAY, jULY 14, 1931.
513
period of 15 minutes, with the exception of authors of bills who shall be allowed thirty minutes, unless otherwise ordered by the House.
Mr. Colson of Glynn moved to recommit the resolution to the Rules Committee.
Mr. Lindsay of DeKalb moved to table the resolution.
Mr. Rosser of Walker moved the previous question.
The motion to table was lost, the ayes were 47, nays 87.
The motion for the previous question prevailed, the ayes were 112, nays 29.
Mr. Lindsay of DeKalb moved that the House reconsider its action in ordering the previous question.
The motion to reconsider was lost.
The main question was ordered.
Mr. Lindsay of DeKalb 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:
Those votmg in the affirmative were Messrs.:
Adams Alexander Almand Andrews Arnold Arrington Ashley Awtrey Bargeron Barrett Battle Beasley Bennett of Bacon Bland Brown Brunson Bunn
Cannon Carlisle of Bibb Carlisle of Grady Cartledge Childs Cochran Collier Courson Cozart Crawford Crowe Cullens Davis of Mitchell Dixon Donaldson Duncan Eckford
Edmondson Edwards of Lowndes Elliott Evans Fagan Fraser Freeman Gillen Graham Grayson Green Greer Griffeth Griffin of Wilkes Gullatt Hampton Hardin
514
JouRNAL OF THE HocsE,
Hawes
Mardre
Hodges
Mattox
Holt
Meredith
Horne
Mixon
Howard of Chatt'h'chee Montgomery
Howard of Long
Morris
Hubbard of Wilkinson Mundy
Hutcheson
Musgrove
Hyman
Nelson of Cook
Irvin
Nelson of Laurens
Johnson of Seminole Oliver
Johnston
Osteen
Jones of Burke
Patten
Jones of Lumpkin
Peebles
Jones of Paulding
Pittard
Kennedy
Purdy
Killebrew
Purvis
Kimsey
Rabun
Lance
Rivers
Lanham
Roberts
Lanier
Robertson
Lester
Ross of Appling
Lewis of Gordon
Ross of Dodge
Lewis of Hancock
Rosser
McElreath
Sammon
McKoy
Scarbrough
McLeod
Sharpe
Simmons Sims Spivey Still Stone Strickland of Douglas Strickland of Haralsor Sutton Swain Taylor Thomas Thomason Thompson Townsend Trapnell Trotter Waldrop Walker of Brooks Walker of Morgan Walker of Screven Wall Weeks Westbrook Whittle Wood Yawn
Those voting m the negative were Messrs.:
Atwood Beaman Bean Burton Chalker Clark Clements of Marion Clements of Telfair Colson Cowart Davis of Jackson Davis of Troup Dykes Franklin Gary Harris
Harrison of Camden Mallard
Harrison of Jenkins Mooty
Hatcher
Moye
Hubbard of Habersham Parham
Huddleston
Pope
Johnson of Montgomery Powell
Johnson of Pike
Preston
Key
Seckinger
Kimbrough
Sisk
King of Clay
Skelton
King of Newton
Stewart
Leathers
Tate
Lindsay
Tippins
Lord
Turner
McGehee
Wilson
TuEsDAY, JuLY 14, 1931.
515
Those not voting were Messrs.:
Allen Bennett of Jeff Davis Brannen Bush Cain Chambers Culpepper of Echols Culpepper of Fayette Davis of Floyd Dorsett
Edwards of Gilmer Edwards of Stephens Griffin of Decatur James Logan McRae McWhorter Maynard Mercer M;vrick
Pace Park Paulk Phillips Shirley Stanton Walker of Ben Hill Wilkes Williams Mr. Speaker
On the adoption of the resolution, the ayes were 131, nays 46, and the resolution was adopted.
Under the order of unfinished business, the following bill of the House was taken up for consideration:
By Mr. Lewis of Hancock-
House Bill No. 37. A bill to be entitled an Act to propose to the people of Georgia an amendment to the Constitution of the State relative to the imposition of taxes to pay county agents, and for other purposes.
On House Bill No. 37 Mr. Key of Jasper moved the previous question.
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.
The bill involving an amendment to the Constitution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Almand Andrews Arnold Ashley Atwood
Beaman Bean Beasley Bennett of Bacon Bland Brunson
Bunn Burton Cain Carlisle of Bibb Carlisle of Grady Chalker
516
JouRNAL OF THE HousE,
Clark Cochran Collier Courson Cowart Cozart Crawford Cullens Davis of Floyd Davis of Jackson Davis of Mitchell Davis of Troup Dixon Donaldson Duncan Dykes Eckford Edmondson Edwards of Stephens Elliott Fagan Fraser Freeman Gary Gillen Graham Green Greer Griffeth Griffin of Decatur Griffin of Wilkes Gullatt Hardin Harris Harrison of Camden Harrison of Jenkins
Holt
Park
Howard of Chatt'h'chee Patten
Hubbard of Habersham Pittard
Hubbard of Wilkinson Pope
Huddleston
Purvis
Hutcheson
Rabun
Johnson of Seminole Rivers
Jones of Burke
Roberts
Jones of Lumpkin
Ross of Appling
Key
Ross of Dodge
Kimbrough
Rosser
King of Newton
Scarbrough
Lance
Seckinger
Lanham
Shirley
Lanier
Simmons
Leathers
Sims
Lester
Sisk
Lewis of Gordon
Skelton
Lewis of Hancock
Still
Lindsay
Stone
McElreath
Sutton
McKoy
Swain
McLeod
Thomas
McRae
Tippins
McWhorter
Townsend
Mallard
Trapnell
Mardre
Trotter
Mattox
Turner
Meredith
Walker of Brooks
Mixon
Walker of Morgan
Mooty
Wall
Moye
Weeks
Mundy
Westbrook
Nelson of Cook
Wood
Nelson of Laurens
Yawn
Oliver
Those voting Ill the negative were Messrs.:
Alexander Arrington Awtrey Barrett Battle Bush Cannon
Cartledge Childs Clements of Telfair Culpepper of Echols Culpepper of Fayette Dorsett Evans
Hampton Hatcher Hawes Hodges Horne Howard of Long Hyman
TuEsDAY, JuLY 14, 1931.
517
Irvin
Mercer
Johnson of Montgomery Montgomery
Johnson of Pike
Musgrove
Jones of Paulding Myrick
Kenned;v
Osteen
Killebrew
Parham
Kimsey
Powell
King of Clay
Preston
Lord
Purdy
McGehee
Sharpe
Spivey Stewart Strickland of Douglas Taylor Thomason Thompson Waldrop Walker of Screven Whittle
Those not voting were Messrs.:
Allen Bargeron Bennett of Jeff Davis Brannen Brown Chambers Clements of Marion Colson Crowe Edwards of Gilmer Edwards of Lowndes
Franklin Grayson James Johnston Logan Maynard Morris Pace Paulk Peebles Phillips
Robertson Sammon Stanton Strickland of Haralson Tate Walker of Ben Hill Wilkes Williams Wilson Mr. Speaker
By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 125, nays 50.
The bill having failed to receive the requisite two-thirds constitutional majority was lost.
Mr. Lewis of Hancock gave notice that at the proper time he would move that the House reconsider its action in failing to pass House Bill No. 37.
The following resolutions of the House were read and adopted:
By Messrs. Tippins of Evans, Howard of Long, and othersHouse Resolution No. 52. A resolution c,..tending the
deepest and most heartfelt sympathy of the ~ouse of Representatives of the General Assembly of Georgia to the
518
JouRNAL OF THE HousE,
family and friends of the late Congressman Charles G. Edwards, and for other purposes.
By Mr. Howard of Long-
House Resolution No. 53. A resolution that the House of Representatives of the General Assembly of Georgia extend its deepest sympathies to the bereaved family of the late Hon. Joseph H. Parker, and for other purposes.
Privileges of the floor were granted to Hon. Robert Roddenberry, Hon. Howell Cone of Bulloch County, and
Hon. J. W. Douglas of Bacon County.
Mr. Cozart of Wilkes moved that the House do now adjourn, and the motion prevailed, and House Bill No. 194, which had been set as a special and continuing order for today, went over as unfinished business.
The Speaker announced the House adjourned until tomorrow morning, at 10:00 o'clock.
WEDNESDAY, JuLY 15, 1931.
519
REPRESENTATIVE HALL, ATLANTA, GA.,
WEDNESDAY, JuLY 15, 1931.
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. Hardin of Whitfield, 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.
Mr. Culpepper of Fayette asked unanimous consent that 300 copies of the Committee amendments to House Bill No. 147 known as the General Appropriation Bill, be printed for the use of the House, and the request was granted.
520
JouRNAL OF THE HousE,
By unanimous consent, the following bills and resolution of the House were introduced, read the first time, and referred to the committees:
By Messrs. Preston and Almand of Walton-
House Bill No. 327. A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Walton, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Key of Jasper-
House Bill No. 328. A bill prescribing and fixing notice of litigation concerning or affecting the title to land; and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Key of Jasper-
House Bill No. 329. A bill prescribing a limitation of time after the record of a deed or the probate of a will, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Messrs. Harris of Terrell and Moye of Randolph-
House Bill No. 330. A bill to change the county line between Randolph and Terrell Counties, and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Simmons of Decatur and Thomas of Wayne-
House Bill No. 331. A bill to amend the Georgia Workmen's Compensation Act, and for other purposes.
Referred to Committee on Labor and Labor Statistics.
WEDNESDAY, JULY 15, 1931.
521
By Mr. Skelton of Hart-
House Bill No. 332. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Hart, and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Harrison of Camden, Thomas of Wayne, and Lewis of Hancock-
House Bill No. 333. A bill to amend the Code relating to the fees of sheriffs, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Thomas of Wayne-
House Bill No. 334. A bill relating to the collection of taxes in certain counties, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Messrs. Harrison of Camden, Thomas of Wayne, and Lewis of Hancock-
House Bill No. 335. A bill to provide for travelling expenses of sheriffs in certain counties, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Dorsett of Carroll-
House Bill No. 336. A bill to repeal certain sections of the City Charter of Carrollton, and for other purposes.
Referred to Committee on Speci:il Judiciary.
By Mr. Dorsett of Carroll-
House Bill No. 337. A bill to provide compensation for the sheriff in the capturing and destroying of illicit stills, .and for other purposes.
Referred to Committee on State of the Republic.
522
JouRNAL OF THE HousE,
By Mr. Purdy of Spalding-
House Bill No. 338. A bill to amend an Act to prohibit the manufacture, sale and barter of alcoholic liquors, and for other purposes.
Referred to Committee on Temperance.
By Mr. Barrett of White-
House Bill No. 339. A bill to create the office of County Treasurer of White County, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Walker of Brooks-
House Bill No. 340. A bill amending the City Court of Quitman, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Walker of Brooks-
House Bill No. 341. A bill to change from the fee to the salary system in certain counties, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Walker of Brooks-
House Bill No. 342. A bill to abolish the offices of Tax Receiver and Tax Collector of Brooks County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. WaJker of Brooks-
House Bill No. 343. A bill to amend an Act reorganizing and reconstituting the State Highway Department, and for other purposes.
Referred to Ccmmittee on Public Highways.
WEDNESDAY, JuLY 15, 1931.
523
By Mr. Leathers of DeKalb and others-
House Bill No. 344. A bill to amend the laws relative to the registration of v::>ters in certain counties, and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Mr. Fraser of Liberty-
House Bill No. 345. A bill to amend an Act for the protection of bird and fish, and for other purposes.
Referred to Committee on Game and Fish.
By Mr. Johnson of Pike-
House Bill No. 346. A bill to amend an Act creating a charter for the City of Zebulon, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Walker of Ben Hill-
House Bill No. 347. A bill to amend the Code with reference to court reporters' fees, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Cain of CrispHouse Bill No. 348. A bill requmng the officers who
control the finances of any county to give bond at some designated bank, and for other purposes.
Referred to Ccmmittee on State of the Republic.
By Messrs. Nelson of Laurens, Mundy of Clayton, and Davis of Jackson-
House Bill No. 349. A bill to prohibit corporations from hereafter pleading or setting up usury as a defense in any action in this State, and for other purposes.
Referred to Committee on General Judiciary No. 1.
JouRNAL OF THE HocsE,
By Messrs.. Cartledge, Lanier, and Lester of RichmondHouse Bill No. 350. A bill to make an appropriation to
supply the deficiency in the funds appropriated for the maintenance of the Pension Department, and for other purposes.
Referred to Committee on Appropriations.
By Mr. Thompson of BarrowHouse Bill No. 351. A bill to amend an Act establish-
ing a new charter for the City of Winder, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Cannon of Rockdale and others~
House Bill No. 352. A bill to amend an Act establishing the Georgia Board of Pharmacy, and for other purposes.
Referred to Committee on Hygiene and Sanitation.
By Messrs. Beaman, Leathers, and Lindsay of DeKalb and Eckford, McRae, and Still of Fulton-
House Bill No. 353. A bill to repeal an Act providing for the duties, rights, and powers of County Boards of Education, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Thompson of BarrowHouse Resolution No. 54-352a. A resolution concern-
ing the Public Schools of the Town of Winder and the Town of Russell, and for other purposes.
Referred to Committee on Education.
WEDNESDAY, }ULY 15, 1931.
525
Mr. Rosser of Walker 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:
House Bill No. 169 do pass.
House Bill No. 122 do pass by substitute.
Respectfully submitted,
RossER of Walker,
Chairman.
Mr. Culpepper of Fayette 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:
House Bill No. 147. General Appropriation Bill. Do pass as amended.
Respectfully submitted,
CuLPEPPER of Fayette,
Chairman.
Mr. Andrews of Crawford County, Chairman of the Committee on Counties and County Matters, submitted the following report:
526
JouRNAL OF THE HousE,
Mr. Speaker:
Your Committee on Counties and County Matters has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 6 do pass.
House Bill No. 143 do pass.
House Bill No. 167 do pass.
House Bill No. 178 do pass as amended.
House Bill No. 233 do pass.
House Bill No. 248 do pass. House Bill No. 259 do pass. House Bill No. 273 do pass. House Bill No. 274 do pass. House Bill No. 284 do pass. House Bill No. 289 do pass. House Bill No. 290 do pass. House Bill No. 293 do pass. House Bill No. 298 do pass. House Bill No. 299 do pass. House Bill No. 79 do pass as amended. House Bill No. 80 do pass as amended. Senate Bill No. 4 do pass as amended. Senate Bill No. 15 do pass. Senate Bill No. 30 do pass. Senate Bill No. 54 do pass.
Respectfully submitted, ANDREWS of Crawford, Chairman.
WEDNESDAY, JuLY 15, 1931.
527
Mr. Davis of Floyd County, Chairman of the Committee on Eduotion, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following bill and resolution of the House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Resolution No. 24-173b. A resolution to prohibit children of the colored races from attending common schools of Georgia. Do not pass. Report on resolution attached to resolution.
House Bill No. 306. An Act to amend an Act approved December 15, 1893 entitled, an Act to establish a system of public schools in the Town of Lawrenceville, Ga., and to provide for the maintenance and support of the same. Do pass.
Respectfully submitted,
DAVIS of Floyd,
Chairman.
Mr. Mardre of Thomas County, Chairman of the Committee on G<1me and Fish, submitted the following report:
Mr. Speaker:
Your Committee on Game and Fish has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 208 do not pass.
House Bill No. 152 do pass.
Respectfully submitted, MARDRE of Thomas, Chairman.
528
JouRNAL OF THE HousE,
Mr. Lewis of Hancock County, Chairman of the Committee on Genenl Judiciary No. 1, submitted the following report: Mr. Speaker:
Your Committee on Gener'll Judiciary No. 1 has had under consideration the following bills and resolution of the House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 264 do pass.
House Bill No. 282 do pass.
House Bill No. 272 do pass. House Bill No. 14 do pass by amendment. House Bill No. 219 do pass by substitute.
House Resolution No. 45-310a. do pass.
Respectfully submitted,
LEwis of Hancock,
Chairman.
Mr. Cannon of Rockdale County, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Mr. Speaker:
Your Committee on Hygiene and Sanitation 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:
House Bill No. 69 do pass by substitute.
Respectfully submitted, CANNON of Rockdale, Chairman.
WEDNESDAY, JuLY 15, 1931.
529
Mr. Huddleston of Meriwether County, Chairman of the Committee on Military Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Military Affairs has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the House with the recommendation that:
Senate Bill No. 29 do pass.
Respectfully submitted,
HuDDLESTON of Meriwether,
Chairman.
Mr. Trotter of Taliaferro 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 Senate and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 240 do pass. House Bill No. 242 do pass. House Bill No. 254 do pass. House Bill No. 285 do pass. House Bill No. 309 do pass. Senate Bill No. 37 do pass.
Respectfully submitted, TROTTER of Taliaferro, Chairman.
;)30
Jot:RNAL OF THE HousE,
Mr. Beasley of Tattnall 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 and resolutions of the House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 94 do not pass.
House Resolution No. 36-275c do pass.
House Resolution No. 34-275a do pass.
Respectfully submitted,
BEASLEY of Tattnall, Chairman.
Mr. Crawford of Floyd 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 bills. of the House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 257 do pass. House Bill No. 292 do pass. House Bill No. 283 do pass. House Bill No. 317 do pass. House Bill No. 316 do pass. House Bill No. 315 do pass.
WEDNESDAY, jULY 15, 1931.
House Bill No. 314 do pass. Respectfully submitted, CRAWFORD of Floyd, Chairman.
Mr. Collier of Madison County, Chairman of the Committee on State of the Republic, submitted the following report:
Mr. Speaker: Your Committee on State of the Republic has had under
consideration the following bills and resolutions of the House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Resolution No. 40 do pass. House Resolution No. 35 do not pass. House Bill No. 281 do pass. House Bill No. 41 do not pass. House Bill No. 26 do not pass.
Respectfully submitted, CoLLIER of Madison, Chairman.
Mr. Davis of Mitchell 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:
532
JouRNAL OF THE HousE,
House Bill No. 12. Providing for the sale of the Western and Atlantic Railroad. Do not pass.
Respectfully submitted,
DAVIs of Mitchell, Chairman.
The following bills and resolutions of the House, favorably reported, were read the second time:
By Mr. Thomas of WayneHouse Bill No. 6. A bill to abolish the offices of Tax
Receiver and Tax Collector of\Vayne County, and for other purposes.
By Mr. Alexander of ChathamHouse Bill No. 14. A bill to protect owners, contractors,
laborers, materialmen, to be known as the Mechanics' Lien Law, and for other purposes.
By Messrs. Eckford and McRae of FultonHouse Bill No. 79. A bill to repeal an Act of the General
Assembly relative to creating a Board of Commissioners of Roads and Revenues of the County of Fulton, and for other purposes.
By Mr. Pace of CobbHouse Bill No. 69. A bill relating to the sterilization of
certain persons, and for other purposes.
By Messrs. Eckford and McRae of FultonHouse Bill No. 80. A bill to create a Board of Commis-
sioners of Roads and Revenues for the County of Fulton~ and for other purposes.
WEDNESDAY, JuLY 15, 1931.
533
By Mr. Myrick of Chatham-
House Bill No. 122. A bill to amend the Constitution by providing for the assumption by the State of the Indebtedness of certain counties, and for other purposes.
By Messrs. Eckford, McRae, and Still of Fulton-
House Bill No. 143. A bill to put 10,000 names in the jury box of Fulton County, and for other purposes.
By Messrs. Atwood of Mcintosh and Colson of Glynn-
House Bill No. 152. A bill to revise and amend the Game and Fish Laws of the State of Georgia, and for other purposes.
By Mr. Culpepper of Fayette-
House Bill No. 147. A bill to make appropriations for the maintenance of State Departments, Boards, etc., and for other purposes.
By Mr. Gullatt of Campbell-
House Bill No. 167. A bill to amend an Act providing that all property of Campbell County shall become the property of Fulton County, and for other purposes.
By l\1r. Mattox of Colquitt-
House Bill No. 169. A bill to simplify divorces, and for other purposes.
By Mr. Kimsey of Rabun-
House Bill No. 178. A bill to abolish the fee system of the Northeastern Judicial Circuit, and for other purposes.
By Mr. Key of Jasper-
House Bill No. 219. A bill to regulate outdoor advertising, and for other purposes.
534
JouRNAL OF THE HousE,
By Mr. Morris of Atkinson-
House Bill No. 233. A bill to repeal an Act entitled "Atkinson County Tax Commissioner Referendum," and for other purposes.
By Mr. Franklin of Butts-
House Bill No. 240. A bill to amend an Act incorporating the Town of Jenkinsburg, and for other purposes.
By Messrs. Bunn and Stanton of Ware-
House Bill No. 242. A bill to amend an Act so as to reduce the incorporate limits of the town of Waresboro, and for other purposes.
By Mr. Dixon of Pierce-
House Bill No. 248. A bill to prohibit the running at large in Pierce County, Georgia, of any bull or boar hog over the age of four months, and for other purposes.
By Mr. Howard of Long-
House Bill No. 254. A bill to amend an Act creating a new charter for the City of Ludowici, and for other purposes.
By Mr. Burton of Franklin-
House Bill No. 257. A bill to abolish the offices of Tax Receiver and Tax Collector of Franklin County, and for other purposes.
By Mr. Stewart of Coffee-
House Bill No. 259. A bill to abolish the offices of Tax Receiver and Tax Collector of Coffee County, and for other purposes.
WEDNESDAY, JULY 15, 1931.
535
By Messrs. Taylor of Washington, Lewis of Hancock, and Edwards of Gilmer-
House Bill No. 264. A bill to make void all agreements which lessen free competition on certain articles, and for other purposes.
By Mr. Thomas of Wayne-
House Bill No. 272. A bill to amend an Act establishing the City Court of Jesup, and for other purposes.
By Messrs. Davis and Lord of Jackson-
House Bill No. 273. A bill to amend an Act abolishing the office of County Treasurer of Jackson County, and for other purposes.
By Messrs. Davis and Lord of Jackson-
House Bill No. 274. A bill to amend an Act creating a Board of County Commissioners for the County of Jackson, and for other purposes.
By Mr. Sisk of Elbert-
House Resolution No. 34-275a. A resolution to require the Highway Department to supply information concerning the State owned quarry at Oglesby, and for other purposes.
By Mr. Sisk of Elbert-
House Resolution No. 36-275c. A resolution requmng the Highway Department to file certain information with the Clerk of the House, and for other purposes.
By Mr. Colson of Glynn and others-
House Bill No. 281. A bill to abrogate and annul the powers of the Superintendent of banks, and for other purposes.
536
JouRNAL oF THE HousE,
By Mr. Fraser of Liberty-
House Bill No. 282. A bill to repeal an Act requmng live-stock dealers in Liberty County to register and pay a tax, and for other purposes.
By Mr. Fraser of Liberty-
House Bill No. 283. A bill to abolish the offices of Tax Receiver and Tax Collector in Liberty County, and for other purposes.
By Mr. Paulk of Turner-
House Bill No. 284. A bill to amend an Act creating the Board of Commissioners of Roads and Revenues of Turner County, and for other purposes.
By Messrs. Battle, Meredith, and Roberts of Muscogee-
House Bill No. 285. A bill to amend the charter of the City of Columbus, and for other purposes.
By Mr. Courson of Brantley-
Hause Bill No. 289. A bill to amend an Act incorporating the City of Nahunta, and for other purposes.
By Mr. Courson of Brantley-
Hause Bill No. 290. A bill to abolish the offices of Tax Receiver and Tax Collector of Brantley County, and for other purposes.
By Messrs. Meredith and Roberts of Muscogee-
House Resolution No. 40-291 b. A resolution to authorize the Governor to draw warrants on the Treasurer for certain purposes, and for other purposes.
WEDNESDAY, }ULY 15, 1931.
537
By Mr. McRae of Fulton-
House Bill No. 292. A bill to authorize the suspension of sentences in misdemeanor cases, and for other purposes.
By Mr. Hubbard of Wilkinson-
House Bill No. 298. A bill to repeal an Act creating a Board of Commissioners of Roads and Revenues for the County of Wilkinson, and for other purposes.
By Mr. Harris of Terrell-
House Bill No. 293. A bill to consolidate the offices of Tax Receiver and Tax Collector of Terrell County, and for other purposes.
By Mr. Hubbard of Wilkinson-
House Bill No. 299. A bill to create a Board of Commissioners of Roads and Revenues of Wilkinson County, and for other purposes.
By Mr. Sammon of Gwinnett-
House Bill No. 306. A bill to amend an Act establishing a system of public schools in the Town of Lawrenceville, and for other purposes.
By Mr. Bunn of Ware--
House Bill No. 309. A bill to create a Board ofCivil Service Commission for the City of Waycross, and for other purposes.
By Mr. Harris of Terrell-House Resolution No. 45-310a. A resolution to relieve
J. E. Brim as surety on a bond, and for other purposes.
538
JouRNAL oF THE HousE,
By Mr. Montgomery of Webster-
House Bill No. 314. A bill to abolish the office of Tax Receiver and Tax Collector of \Vebster County, and for other purposes.
By Messrs. Crawford and Lanham of Floyd and Arnold and Wood of Clarke-
House Bill No. 315. A bill to repeal an Act fixing the number of days work on chaingang in certain counties, and for other purposes.
By l\Iessrs. Peebles and McElreath of BartowHouse Bill No. 316. A bill to abolish the fee system in
the Cherokee Judicial Circuit, and for other purp~ses.
By Messrs. Peebles and McElreath of Bartow-
House Bill No. 317. A bill to reduce the salary of the Solicitor-General of the Cherokee Judicial Circuit, and for other purposes.
The following bills and resolutions of the Senate, favorably reported, were read the second time:
By Mr. Duckworth of the 7th District-
Senate Bill No. 4. A bill to abolish the offices of Tax Collector and Tax Receiver in Grady County, and for other purposes.
By Mr. Neill of the 24th DistrictSenate Bill No. 15. A bill to change the time of holding
Muscogee Superior Court, and for other purposes.
By Mr. McWhorter of the 50th DistrictSenate Bill No. 29. A bill to amend an Act relating to
reorganization of the military forces, and for other purposes.
WEDNESDAY, }ULY 15, 1931.
539
By Mr. Puett of the 40th District-
Senate Bill No. 30. A bill to provide for placing the treasurer of Towns County on a salary basis, and for other purposes.
By Mr. Reagan of the 35th District-
Senate Bill No. 37. A bill to amend an Act incorporating the Town of McDonough, and for other purposes.
By Mr. Denton of the 38th DistrictSenate Bill No. 54. A bill to create the office of Com-
missioner of Roads and Revenues for the County of Paulding, and for other purposes.
Mr. Lewis of Hancock moved that the House reconsider its action in failing to pass House Bill No. 37, and the rriction prevailed.
The following resolution of the House was read:
By Messrs. Hubbard of Habersham, Oliver of Hall, and others-
House Resolution No. 55. A resolution providing that the special Investigating Committee be requested and directed to furnish to this body within five days certain information, and for other purposes.
Mr. Beasley of Tattnall moved to table the resolution, and the motion prevailed.
The resolution was tabled.
Under special order of business previously established, the following bill of the House was read the third time:
By Messrs. Huddleston of Meriwether, Crowe of Worth, and Colson of Glynn-
House Bill No. 194.
540
JouRNAL OF THE HousE,
A BILL
--~ .
. r
T~ be entitled, An Act to simplify the operations of the
Executive Br'anch of the State Government by abolish-
ing certain offices, boards, departments, commissions and
institutions; creating others; redistributing the powers,
duties, and functions of said Executive Branch amoq!;L such offices, boards, commissions and depa~;tmen ts as ftt'e- '
Jrerein created or hereby retained; Eiejip-iiig such powers, '
duties, and functions and co-ordinatmgthe same; fixing :,.
salaries, terms of office, method of appointment and
election, duties and qualifications of the personnel in
charge thereof; repealffig' all laws and parts of laws in
conflict herewith; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority thereof, as follows:
ARTICLE I.
DEPARTMENT OF AUDITS AND ACCOUNTS.
Section 1. The Department of Audits and Accounts, as now fixed by law, is herewith continued in force and effect.
Sec. 2. Within said Department there is hereby established the office of Super-'-':isor ofPurchases, who shall be <!QQ_ointe_d__by the Governo~nd.~~rve at his pleasure, at a salary of four thousand (S4,000.00) dollars per annum, payable monthly.
Sec. 3. It shall be the <iiJty oi said Supervisor of Pur-
chases to assemble and collate complete data and information concerning the most available sources for supplies, t:naterials, and equipment in current demand by the several boards, departments, commissions, institutions, and offices 9Lthe_State Government .and the best prices at which same may be acquired and delivered, which information shall be currently revised and amplified and kept available at all times for the guidance of said several boards, departments,
WEDNESDAY, JULY 15, 1931.
541
commissions, institutions, and offices, with the purchasing agents of which he is hereby directed to confer and advise.
Sec. 4. Said Supervisor of Purchases shall have power to examine books, records, and papers of any board, department, commission, institution, and office of the State Government relative to purchases, and to require those in control thereof to furnish him with copies of any and all records pertaining thereto, and at the direction of the Governor he must report in such detail as he may be required any purchase or purchases made by any such branch of the State Government.
Sec. 5. The Commissioners of Public Printing as provided in Section 1338, Code 1910, are hereby abolished and all the powers, duties, and functions thereof are hereby vested in and delegated to said Supervisor of Purchases.
Sec. 6: The Officeof Superintendent of Public Printing as provided by an Act approved August 19, 1919 (see Acts 1919, page 269 et seq.), is hereby abolished and all the powers, duties, and functions of said office are hereby vested in and delegated to said Supervisor of Purchases.
Sec. 7. The State Auditor shall prepare and publish, by and with the approval of the Governor, complete forms, applicable to the business transacted in each of the several boards, offices, institutions, departments, and commissions of the Executive Department of the State Government, same to be as uniform as the business respectively transacted therein shall permit, and it shall be the duty of each of said boards, offices, institutions, departments, and commissions, as directed by the Governor, to employ such forms and none other in recording their several financial transactions of every nature whatsoever.
Sec. 8. The State Auditor shall publish by July_lst of each year areport showing the entire personnel of every office, institution, board, department, and commission in the Executive Department of the State Government, listing ~arne, address, duty, salary, and expense incurred by such
542
JouRNAL OF THE HousE,
~duaL~nd also the number of automobiles, their makes,. cost, mode'l, and seating capacity owned by the State and operated at its expense, which information shall be allocated to the respective office, board, commission, institution or department affected, the total cost of the maintenance of which for the period audited shall be stated with the appropriation allowed for the support of same. Copies of said report shall be furnished to each member of the General Assembly.
ARTICLE II.
VETERANS' SERVICE OFFICE.
Sec. 9. Be it further enacted that there is hereby created the Veterans' Service Office, under the direction and c-;;;;ttol of the present Commissioner of Pensions, as ex-officio director, whose salary shall be as presently fixed for said Commissioner.
Sec. 10. There is hereby transferred to said office all the powers, duties, and functions of the Commissioner of Pensions, and said office is hereby abolished at and upon the expiration of the term of office ~f the present Commissioner, whereupon the Governor shall appoint the director for the department created hereby for a term of two (2) years.
Sec. 11. The powers, duties, and functions of the Veterans' Service Office as heretofore existing in pursuance of an Act approved August 20, 1923 (see Acts 1923, p. 121), as amended by an Act approved April 10, 1926 (see Acts 1926 Ex. Sess., p. 53), are transferred to and vested in the department created hereby; however, the director of said office shall be retained at his present salary for a term ending with the term of the Pension Commissioner, performing his duties as assistant director of the Veterans' Service Office.
Sec. 12. The State Roster Commission as created and
established uiider and in pursuance of an Act approved
WEDNESDAY, JuLY 15, 1931.
543
August 15, 1903, is hereby abolished; its powers, duties, and functions are hereby transferred tothe Veterans' Service Office, the director of which is hereby authorized to retain, under his direction and control, the Secretary of said Commission to perform the powers, duties, and functions herein delegated to said office.
Sec. 13. All other offices mentioned in the Acts heretofore referred to, not herein specifically retained, are hereby abolished; however, the Director of the Department is hereby authorized to provide the Department with such assistants and clerical help as the appropriation for the suppcrt of same may authorize.
ARTICLE III.
DEPARTMENT OF PUBLIC HEALTH.
Sec. 14. Be it enacted by the authority aforesaid that there is hereby ~d a Department of Public Health under the management and control of a Director to be appointed by the Governor, by and with the advice and consent of the Senate; provided, however, the present incumbent in the office of Secretary of the State Board of Health shall, until July 1, 1933, be the Director of the Department created herein, the Director thereafter to be appointed for a term concurrent with that of Governor making the appointment.
Sec. 15. Said Director shall receive a salary of six thousand ($6,000.00) dollars per annum, payable monthly, which said salary shall be in full compensation of all fees, perquisites, and other emoluments whatsoever.
Sec. 16. The State Board of Health existing under and by virtue of Sections 1656 and 1657 of the Code of 1910 is hereby abolished and the powers, duties, and functions of said board are herebv transferred to and vested in the Department of Public Health.
344
JouRNAL OF THE HousE,
Sec. 17. The office of State Registrar of Vital Statistics as provided in an Act approved August 17, 1914 (see :\cts 1914, page 157 et seq.), is hereby abolished and the powers, duties, and functions of said office are hereby transferred to and vested i.n said Department.
Sec. 18. Under the direction and supervision of the Director of this department, it may employ such clerks and assistants as may be provided in an appropriation enacted for the support of said department.
ARTICLE IV.
DEPARTMENT OF NATURAL RESOURCES.
Sec. 19. Be it further enacted by the authority aforesaid that there is hereby s;reated_a_Department of Na.tur.al Resources to consist:...nf a consolidation of the existing De- partments of Game and Fish, State Board of Forestry and -Geology; said Department of Natural Resources to be under the.direction. and authority_ of a Director to be known ;ga Director of Natural Reso~r~es. He shall have two assistants, respectively entitled State Forester and Stat_e Geologist.
Sec. 20. The present incumbent of the office of State Game and Fish Commissioner shall be the Director of the Department of Natural Resources and serve as such director until the time presently fixed for the expiration of his office as State Commissioner of Game and Fish. Thereafter, the Director of Natural Resources shall be aJ2Pointed by the Governor, with the advice and consent of the Senate_, for a
term co~urrent With- that of the Governor. Compensa-
-tion of the Director of the Department of Natural Resources shall be the same as heretofore paid the State Commissioner of Game and Fish, to-wit: Forty-five Hundred
(.-$-4.,500.0.0- ).~-- dollars p---e--r-- -a--n..n--u-m-,--p--a-y-abl-e-----monthly.
Sec. 21. It shall be the duty of th,e director to appoint his two assistants who shall hold office for two (2) years;
WEDNESDAY, JuLY 15, 1931.
545
provided, however, that the present encumbents in the offices of State Geologist and State Forester shall respectively remain in office as assistant directors for the first term after the effective date hereof, and shall discharge the powers,duties, and functions pertinent to their respective offices, as in this Article provided under the supervision and control of the director.
Sec. 22. The State Board of Fish and Game, established under and by virtue of an Act approved August 8, 1924 (Acts 1924, page 101 et seq.), is hereby abolished and all the powers, duties, and functions of said board, as well as those of the respective appointees thereof are hereby conferred upon and delegated to said Department of Natural Resources and said offices are hereby abolished.
Sec. 23. The State Board of Forestry, established under and by virtue of an Act approved August 14, 1924 (Acts 1925, page 199), is hereby abolished and all the powers, duties, and functions of said board are hereby transferred to the Department of Natural Resources. The offices appointive under said board are also abolished; the powers, duties, and functions thereof are conferred upon said Department.
Sec. 24. The Board Advisory to the State Geologist as established by the Laws of 1894, page III (Section 1964, Code 1910), is hereby abolished. The powers, duties, and functions of the State Geologist are hereby transferred to and vested in said Department of Natural Resources and the office of State Geologist and his assistants established in pursuance of the Laws of 1889, page 18 and 1894, page 112 (see Sections 1963, 1965, Code 1910), are abolished.
Sec. 25. The salat y of the assistant directcrs shall be such as may be provided in the appropriation enacted for the suppot t of the Department and not otherwise.
546
JouRNAL OF THE HousE,
ARTICLE V.
BOARD OF CONTROL.
Sec. 26. Be it further enacted by the authcrity aforesaid that there is hereby created and established a department ::>f State Government to be known as Board of Control of Eleemo~r!lary Institutions.
Sec. 27. The Board of Control shall be composed of eleven memher~_appointed by the Governor and confitmed by_j:he S~nat_e, one-from the State at Large and one from each Congressionai District. The Gg_v~rnor shall be a mem-her c.f said board ex-officio.
Sec. 28. The term of office for ten members first appointed from the several Congressional Districts shall be as fc.llows: Five shall be appointed for a term ending July 1, 1933, and five for a term ending July 1, 1935, and their success0rs shall be appointed for a full ter!!!__2_f__fq!!r years. The member from the State at Large shall serve at the pleasure of the Governor.
Sec. 29. In case of the death or resignation of any member of the board, the Governor shall fill such unexpired term by appointment, subject to confirmation by the Senate. The Board of Control shall elect one of their members as chairman.
Sec. 30. _Said board shall appoint a secretary, not a
member thereof, to devote his entire time to the work of
the board; to hold office at its pleasure; to be provided with -
an office in the State Capitol; to receive a salary to be fixed
by the board.
-------
Sec. 31. The Board of Control shall establish such rules and regulations for their own direction as they may deem proper, may fix the term of office of their chairman, their vice-chairman and secretary; the board is vested with all the powers, privileges, and rights heretofore vested in former boards heretofore in control of the several institutions
WEDNESDAY, }ULY 15, 1931.
547
hereby made subordinate to it, and said board is charged with all the duties, obligations, and responsibilities incumbent upon and/or pertaining to such former boards.
Sec. 32. It shall be the duty of the members of the Board of Control to attend its meetings and take part in its deliberations and should any member be engaged at the time of any meeting of the board as counsel or party in any case pending in the courts of this State, and should such case be called for trial during the regular session of said board, his absence to attend such session shall be good grounds for a postponement or a continuance of the case until the session of the board shall have come to an end.
Sec. 33. The office of any member of the board shall be vacated if he neglects to furnish a good and sa tisfactory cause in writing to the board for absence from two consecutive meetings of the board. If any member for any cause fails to attend three successive meetings of the board, his office shall be declared vacant by the board, and the secretary shall in either event notify the Governor of a vacancy in the board and the Governor shall fill same as heretofore provided.
Sec. 34. The board, through committees of not less than two of its members, shall make at least one annual visit and inspection of each of the institutions hereby made subordinate to it and report their findings and conclusions to the board in writing.
Sec. 35. 1,The members of the board shall each receive the sum of $7.00 for each day of actual attendance at the meetings of the board or on tours of inspection in lieu of their personal expenses incurred thereby;-. and mileage and actual fare to and from the place of meetin-g or place of visits and inspections of the respective institutions, by the nearest practical route from their respective homes, such expenses and mileage to be paid by the State Treasurer out of the funds of the State by executive warrant on pres-
518
JouRNAL OF THE HousE,
entation of vouchers by the members of the board approved by the chairman and signed by the secretary. The members of the board shall receive no emoluments or compensation for their services as such members.
Sec. 36. The Board of Managers of the Georgia Training School for Boys, created under and by virtue of an Act approved August 18, 1919, as amended by an Act approved August 16, 1920, (see Acts 1919, page 373, et seq., Acts 1920, page 156, et seq.), is hereby abolished and all the powers, duties, and functions of said board are hereby transferred to and vested in said Board of Control.
Sec. 37. The Board of Managers of the Georgia Training "School for Girls, created under and by virtue of an Act approved August 19, 1913 (see Acts 1913, page 87, et seq.), is hereby abolished and all the powers, duties, and functions of said board are hereby transferred to and vested in said Board of Control.
Sec. 38. The Board of Trustees of the Confederate
_Soldiers Ho~e o( Georgia is hereby abolished and all the
powers, duties, and functions of said board as provided by Section 1515, Code 1910, P. C. and all Acts amendatory thereof are hereby transferred and delegated to and conferred upon said Board of Control. The office of treasurer of said board is hereby abolished and his duties shall be discharged by the secretary of said board and under its direction and control.
Sec. 39. The Board of Trustees of the Academy for the Blind, together with the Board of Visitors thereof, respectively existing under and by virtue of Sections 1401 and 1410 (Code 1910) are hereby abolished and all the powers, duties, and functions of said board are hereby transferred to and vested in said Board of Control. The corporate franchise of said board is hereby revoked and title to all property held in the name of said institution or its trustees shall vest in the State of Georgia.
WEDNESDAY, jULY 15, 1931.
549
Sec. 40. The Board of Trustees of the School for the Deaf, existing under and by virtue of Section 1416, Code 1910, is hereby abolished and all the duties and functions of said board. are hereby transferred to and vested in said Board of Control. The office of treasurer of said Board of Trustees, as provided in Section 1423, Code 1910, is also abolished and all duties thereof, consistent with the terms and provisions of this Act, shall be discharged by the secretary of said Board of Control.
Sec. 41. The Board of Trustees of the Milledgeville State Hospital, created under and by virtue of Section i571, Code 1910, is hereby abolished and all the powers, duties, and functions of said board are hereby transferred to and vested in said Board of Control.
Sec. 42. There is hereby transferred to and vested in said Board of Control all the powers, duties, and functions heretofore reposed in and encumbent upon the State Board of Health with respect to the Georgia Training School for Mental Defectives. The powers, duties, and functions hereby transferred are specified in a certain Act approved August 19, 1919 (see Acts 1919, page 377, et seq.)
Sec. 43. There is hereby transferred to and vested in said Board of Control all the powers, duties, and functions heretofore reposed in and encumbent upon the State Board of Health with respect to the State Sanitarium. The powers, duties, and functions transferred are specified in two certain Acts respectively approved August 17, 1918 (see Acts 1918, page 237, et seq.), and August 21, 1922 (see Acts 1922, page 184, et seq.)
Sec. 44. All monies received by said board must be paid into the State Treasury. The State Treasurer is hereby directed out of any unexpended appropriation to said Board of Control, upon requisition by it, received on or before the fifteenth of each month, to advance to the board such sums as said board may specify as needed for the several institutions subordinate to it for the succeeding
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month, which requisition shall be in accordance with and upon such form as may be established by the State auditor.
Sec. 44-A. The expenses of the Board of Control, other than that of the institutions under its control, shall be met out of a separate appropriation enacted for its maintenance and support.
ARTICLE VI.
BOARD OF REGENTS.
Sec. 45. Be it further enacted by the authority aforesaid that there is hereby set up and constituted a department of the State Government of Georgia, to be known as the "Board of Regents of the University System of Georgia."
Sec. 46. The University System of Georgia shall consist of the University of Georgia and all of its branches.
Sec. 47. The branches of the University of Georgia shall be and consist of the following:
(a) School of Technology, Atlanta.
(b) College of Agriculture, Athens.
(c) South Georgia Teachers College, Statesboro.
(d) Georgia State College for Men, Tifton.
(e) State Agricultural and Normal College, Americus.
(f) 4th Dist. A. & M. School, Carrollton.
(g) Georgia Vocational and Trades School, Monroe.
(h) Georgia Industrial College, Barnesville.
(i) 7th Dist. A. & M. School, Powder Springs. (j) 8th Dist. A. & M. School, Madison. (k) 9th Dist. A. & M. School, Clarkesville.
(1) lOth Dist. A. & M. School, Granite Hill.
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551
(m) South Georgia State College, Douglas.
(n) Middle Georgia College, Cochran.
(o) Bowdon State Normal & Industrial College.
(p) State Woman's College, Valdosta.
(q) State Teachers College, Athens.
(r) State Medical College, Augusta.
(s) Middle Georgia Agricultural College, Dahlonega.
(t) School of Agriculture & Mechanical Arts, Forsyth.
(u) Georgia Industrial & Normal College, Albany.
(v) Georgia Industrial & Normal College, Savannah.
(w) Georgia Experiment Station, Griffin.
(x) Coastal Plains Experiment Station, Tifton.
Sec. 48. The government of the University of Georgia and all of its branches named in Section 47 of Article 6 of this Act, is vested in a Board of Regents.
Sec. 49. Said Board of Regents shall be a body corporate and politic known as "Board of Regents for the University C< System of Georgia," by which they shall have perpetual succession, have and use a common seal, and be a person in law, able to plead and be impleaded, to hold and acquire real and personal property, with power to lease and otherwise manage the same for the good of the University and its branches. All money or property granted by the State or given by individuals for the advancement of learning in general or to the aid of any particular school in said system, is in such board as trustees.
Sec. 50. The Board of Regents shall be composed of eleven members~~igted _by the Governor and confirmed by the Senate, one from the State at large, and one from each of the Congressional Districts. The Governor shall be a member of said board ex-officio.
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Sec. 51. The term of office of ten members first appointed from the Congressional Districts shall be as follows: 5 shall be appointed for a term ending July 1, 1933; 5 for a term ending July 1, 1935, and their successors shall be appointed for a full term of four years. The member from the State at large shall serve at the pleasure of the Governor.
Sec. 52. In case of the death or resignation of any member of the board the Governor shall fill such unexpired term by appointment, subject to confirmation by the Senate.
Sec. 53. The Board of Regents shall elect one of their members chairman.
Sec. 54. The said board shall elect a secretary, not a member thereof, for such term and salary as it may fix. The duties of the secretary shall be defined by the board. He shall devote them to his entire time and maintain his office in the State Capitol.
Sec. 55. They may establish such rules and regulations for their own direction as they may deem proper, may fix the term of office of their chairman, their vice-chairman, and their secretary, and are vested with all of the powers, privileges, and rights vested in former Boards of Trustees of the University of Georgia, and all former boards of trustees or directors of its branches, named in Section 47 of Article 6 of this Act, and they are charged with all of the duties, obligations, and responsibilities incumbent upon and/or pertaining to said former boards.
Sec. 56. It shall be the duty of the members of the Board of Regents to attend the meetings of the board so as to take part in its deliberations and should any regent, be engaged at the time of any meeting of the board as counsel or party in any case pending in the courts of this State, and should such case be called for trial during the regular session of said board, his absence to attend such session shall be good grounds for a postponement or con-
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553
tinuance of the case until the session of the board shall have come to an end.
Sec. 57. The office of any member of the board shall be vacated if he neglects to furnish a good and satisfactory cause in writing to the board for absence from two consecutive meetings of the board. If any member, for !lny cause, fails to attend three successive meetings of the board his office shall be declared vacant by the board and the secretary shall in either event notify the Governor of a vacancy in the board, and the Governor shall fill the same as provided by this Act.
Sec. 58. The board, through committees of not less than two of its members, shall make at least one annual visit and inspection of each of the institutions in the University System of Georgia, and report their visit and inspection to the board.
Sec. 59. The members of the board shall each receive the sum cif $7.00 for each day of actual attendance at the meetings of the board or on tours of inspec!}.on, in lieu of expense incurred in connection therewith and mileage and actual fare to and from the place of meeting or place of visits and inspections of the respective institutions, by the nearest practical route from their respective homes, such expenses and mileage to be paid by the State Treasurer out of the funds of the State by executive warrant on presentation of vouchers by the members .of the board, approved by the chairman and signed by the secretary. The members of the board shall receive no emolument or compensation for their services as such members.
Sec. 60. The Board of Regents shall submit to the Governor annually reports of their transactions, together with such information as is necessary to show the condition of the University System of Georgia, with such suggestions as it may deem conducive to the good of said system, and the cause of education in the State.
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Sec. 61. The Board of Regents shall have power: 1st, to make sucnreasonable rules and regulations as are necessary for the performance of its duties; 2nd, to_elect or ap.,. point professors, educators, stewards or any other officers necessary for all of the schools in the University System of Georgia, to discontinue or remove them, as the good of the system or any of its schools or institutions or stations may require, and to fix their compensations; 3rd, .to prescribe the courses of study to be pursued by the students, the terms and manner of graduating and conferring of the degrees; 4th, to establish all such schools of learning or art as may be useful to the State and to organize the same in the way most likely to attain the ends desired; 5th, to exercise any power usually granted to such corporation, necessary to its usefulness which is not in conflict with the constitution and laws of this State.
Sec. 62. When said Board of Regents shall receive any moneys by way of appropriation, gift or otherwise, for the use or benefit of any particular institution of the University System over which they have control, the board shall pay the same to the State Treasurer, who shall hold said moneys for the benefit of the particular institution so named and the same shall be paid out only for the benefit of the said named institution.
Sec. 63. The present Board of Trustees or directors and/or the treasurers thereof of the University of Georgia, and all its branches named in Section 47 of Article 6 of this Act are hereby directed to turn back into the State Treasury all funds remaining on hand from any source and the secretaries of said boards are directed to deliver to the Board of Regents all records in their custody or control concerning said institutions and boards.
Sec. 64. The Boards of Trustees of the University of Georgia is hereby abolished.
Sec. 65. The management and government of tht> University of Georgia is hereby vested in the Board of Regents.
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555
Sec. 66. The powers, rights, privileges, and duties heretofore vested in and exercised by the Board of Trustees of the University of Georgia are hereby vested in the Board of Regents, and all laws now existing, pertaining to the powers and/or duties of the Board of Trustees of the University of Georgia shall be applicable to the Board of Regents as successors to said Board of Trustees except where repealed herein expressly or by implication.
Sec. 67. The ti tie to all real, personal, and mixed property of whatever nature, now held by the Trustees of the University of Georgia, shall vest in "The Board of Regents for the University System of Georgia" to be held by said Board in trust for the benefit and use of the University of Georgia.
Sec. 68. The Board of Visitors for the University of Georgia, as provided for in the Acts of 1887, page 67, approved October 13, 1887; Acts of 1900, page 79, approved December 18, 1900; and Acts of 1894, pp. 63, 64, approved December 18, 1894; is hereby abolished.
Sec. 69. All Acts of the General Assembly relative to the University of Georgia in force at the time of the adoption of this Act, if not embraced herein and not inconsistent with what is so embraced, are still of force.
Sec. 70. The several Boards of Trustees or Directors for each of the schools, colleges, institutions and stations as named in Section 47 of Article 6 of this Act, and designated as branches of the University of Georgia, are abolished.
Sec. 71. The government, control and management of each of said institutions named in Section 47 of Article 6 of this Act is hereby vested in the Board of Regents of the University System of Georgia.
Sec. 72. All of the powers, duties, privileges, and rights heretofore by law vested in the Board of Trustees or Pirectors of the various institutions named in Section 47 of Article 6 of this Act are hereby vested in the Board of Regents, and all laws now existing pertaining to the powers
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or duties of said separate Boards of Trustees or Directors shall be applicable to the Board of Regents as successors to each of said separate Boards of Trustees, except where repealed herein expressly or by implication.
Sec. 73. That title to all real, personal, and mixed property of whatever nature now held by the Boards of Trustees or Directors of each of the institutions named in Section 47 of Article 6 of this Act shall vest in the Board of Regents of the University System of Georgia, to be held by said Board in trust for the benefit and use of the institutions entitled thereto, it being the purpose and intent of the Legislature that the Board of Regents shall hold title to the property or assets of each institution, so that each institution shall receive the use and benefit of the property devoted to its use, and in no event shall the property or assets of one institution be subject to the liabilities or obligations of any other institution; provided, however, that this restriction shall not prevent the Board of Regents from utilizing the facilities, educational or otherwise, of one school for the advance or :1-ssistance of another.
Sec. 74. When moneys or properties are appropriated by the Legislature or received from any other source by the board for the use and benefit of any particular institution, the s:tid board, unless directed otherwise by the General Assembly, shall not use said moneys or properties except for the benefit of the institution for whose use the moneys or property was appropriated or donated.
Sec. 75. All moneys received by said board must be paid into the State Treasury. The State Treasurer is hereby directed out of 1.ny unexpended appropriation to said Board of Regents, upon requisition by it, received on or before the 15th of each month, to advance thereto such sums as said board rnay specify as needed for the preceding month, which said requisition shall be in accordance with and upon such forms as may be established by the State Auditor.
WEDNESDAY, jULY 15, 1931.
557
Sec. 76. The said Board of Regents shall carry out the purposes and intent of the various Acts creating the institutions, named in Section 47 of Article 6 of this Act, it not being the intent of this Act to repeal any of the laws creating said institutions or defining their fun<:;tions, but merely to abolish the separate Boards of Trustees or Directors, of said institutions and place the management and control of said institutions in one board, with all of the powers formerly vested in the several Boards of Trustees or Directors except such powers and duties expressly or by implication repealed.
Sec. 77.. All Acts of the General Assembly relative to each of the institutions named in Section 47 of Article 6 of this Act in force at the time of the adoption of this Act, if not embraced herein and not inconsistent with what is so embraced, are still of force and effect.
Sec. 78. Following laws are repealed: Sections 2, 3, 4, and 9 of the Act of 1889, approved November 8, 1889, entitled "An Act to establish a Normal and Industrial College as a branch of the State University" (Acts 1889, page 10); Sections 10 and 14 of the Act of 1890, approved November 26, 1890, entitled "An Act to establish a School for Colored Persons" (Acts 1890-91, page 114); the Act of 1890, approved December 9, 1890, entitled "An Act to amend an Act entitled 'An Act to establish a Technological School as a branch of the State University, approved October 13, 1885,' so as to authorize an increase in the number of the Commission in charge of said School" (Acts of 1890-91, page 118); the Act of 1891, approved September 11, 1891, entitled "An Act to provide for the appointment of a Board of Visitors to the Georgia Normal and Industrial College" (Acts 1890-91, page 123); Sections 3, 7, and 9 of the Act of 1891, approved October 21, 1891, entitled "An Act to establish, organize and maintain a State Normal School as a Branch of the State University" (Acts 1890-91, page 126); Section 11 of the Act of 1888, approved December 29, 1888, entitled "An Act to establish in this State an Experimental Station and Farm known as
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Georgia Experiment Station" (Acts 1888, page 49); Sections 2, 3, 9 and 10 of the Acts of 1911, approved August 1, 1911, entitled "An Act to provide for the control and management of the Medical College of Georgia" (Acts 1911, page 154); Sections 3, 6 and 8 of the Act of 1906, approved August 18, 1906, entitled "An Act to establish and organize an Agricultural and Normal College in South Georgia (Acts 1906, page 75); the Act of 1906, approved August 18, 1906, entitled "An Act to provide for the appointment of an additional trustee of the University of Georgia" (Acts 1906, page 77); the Act of 1906, approved August 21, 1906, entitled "An Act to abolish th~ present Board of Trustees of the North Georgia Agricultural College and to provide a new Board of Trustees for said College" (Acts 1906, page 78); Section 3 of the Act of 1906, approved August 18, 1906, entitled "An Act to provide for the establishment and maintenance of Schools of Agriculture and Mechanic Arts in the respective Congressional Districts of this State (Acts 1906, page 72); the Act of 1911, approved August 9, 1911, entitled 'An Act to abolish the present Board of Trustees of North Georgia Agricultural College' and to provide for a secretary and treasurer of said local board" (Acts 1911, page 161); the Act of 1910, approved August 5, 1910, entitled "An Act to authorize Chairman of Board of Trustees of University of Georgia to designate and appoint not exceeding three members from Boards of Trustees or Local Boards" (Acts 1910, page 74); the Act of 1914, approved August 14, 1914, entitled "An Act to make the President of the Board of Trustees of the Georgia Normal School ex-officio a member of the Board of Trustees of the University of Georgia (Acts 1914, page 156); the Acts of 1919, approved August 19, 1919, entitled "An Act to amend Section 1365 of the Civil Code of 1910, so as to make the President of the Alumni Society of the University of Georgia ex-officio member of the Board of Trustees of the University of Georgia (Acts 1919, page 85); Sections 2, 3, and 4 of the Act of 1919, approved August 12, 1919, entitled "An Act to establish a Normal and Industrial College"
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559
(Acts 1919, page 262); the Act of 1923, approved August 6, 1923, entitled "An Act to amend Section 1365 of the Civil Code of 1910, so as to provide for three members of the Board of Trustees of the University of Georgia from the City of Athens" (Acts 1923, page 56); the Act of 1924, approved August 16, 1924, entitled "An Act to amend an Act approved November 26, 1890, creating a new Board of Directors for Georgia Industrial College for Colored Youths" (Acts 1924, page 120); Sections 2, 3, and 4 of the Act of 1924, approved August 18, 192,1, entitled "An Act to establish as a Branch of the University a Normal or Teachers' College at Statesboro" (Acts 1924, page 165); Sections 2, 3, 4, 5, and 6 of the Act of 1924, approved August 18, 1924, entitled "An Act to establish a College of Agriculture and Mechanic Arts known as South Georgia Agricultural and 1\lechanic College" (Acts 1924, page 177); Sections 3, 4, 5, 6, 7, and 8 of the Acts cf 1918, approved August 19, 1918, entitled "An Act to fix the name and designation of the various District Agricultural Schools" (Acts 1918, page 143); Sections 3, 4, and 5 of the Act of 1926, approved April 13, 1926, entitled "An Act to establish as a Branch of the University of Georgia a Normal School for teachers to be known as State Agricultural and Normal College" (Acts 1926, page 34); Sections 2, 3, 4, 5, and 17 of the Act of 1927, approved August 20, 1927, entitled "An Act to establish a College of Agricultural and Mechanical Arts as a Branch of the University of Georgia to be known as the Middle Georgia Agricultural and Mechanical Junior College" (Acts 1927, page 161); Section 3 of the Act of 1927, approved July 22, 1927 (page 169); the Act of 1925, approved August 7, 1925, entitled "An Act to make the President of the Alumni Association of the North Georgia Agricultural College at Dahlonega an ex-officio member of the Board of Trustees" (Acts 1925, page 228); Section 2 of the Act of 1918, approved August 19, 1918, entitled "An Act to create and establish an Experimental Station and Experimental Farm t'J be known as the Georgia Coastal Plain Experimental Station" (Acts 1918, page 158);
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Section 2 of the Act of 1917, approved August 21, 1917, entitled "An Act to provide for the establishment and maintenance of an Agricultural District School and Mechanical Arts in the 12th Congressional District of Georgia" (Acts 1917, page 191); Section 2 of the Act of 1917, approved August 21, 1917, entitled "An Act to establish and organize an Agricultural, Industrial and N ::>rmal School in this State" (Acts 1917, page 195); Section 2 of the Act of 1922, approved August 16, 1922, entitled "An Act to establish a School for Agricultural and Mechanical Arts for Colored" (Acts 1922, page 174).
Sec. 79. The expense of the Board of Regents, other than that of the institutions under its control, shall be met out of a separate appropriation enacted for its maintenance and support.
ARTICLE VII.
COMPTROLLER-GENERAL.
,,
Sec. 80. Be it enacted by authority aforesaid that there is hereby cr~ated a Department of Revenue of which the Comptroller-General shall be the director. The salary of the Comptroller-General is hereby fixed at his present compensation of $6,200.00 per annum, payable monthly, which shall be in lieu of all fees, perquisites and other emoluments.
Sec. 81. All powers, duties, and functions heretofore imposed by law on the Comptroller-General are hereby imposed and retained, excepting only such as are vested in him as Insurance Commissioner which, by the terms of this Act are transferred to the Secretary of State.
Sec. 82. The office of Commissioner of Revenue is hereby abolished, and all powers, duties, and functions of said office are hereby transferred to the Department of Revenue. So much of the Act approved December 14, 1923 (see Acts 1923 Ex. Sess., page 13), creating the offic~ of Commissioner of Revenue as is in conflict herewith is here-
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561
by repealed. However, it is provided that the present Commissioner of Revenue shall be retained by the Comptroller-General for and during the remainder of his present term, subject to the control and supervision of the Comptroller-General.
Sec. 83. The office of Commissioner of Motor Vehicles is hereby aboii3hed and all powers, duties, and functions thereof are hereby transferred to the Department of Revenue. So much of the following laws relating to Motor Vehicles, as is in conflict herewith, is hereby repealed; an Act approved August 13, 1910 (see Acts 1910, page 90); an Act approved August 23, 1927 (see Acts 1927, page 226 et seq.) and an Act approved November 30, 1915 (see Ex. Sess. 1915, pages 107 to 119.)
Sec. 84. The office of Tax Commissioner as created under an Act of the Legislature approved August 14, 1913 (Georgia
Laws 1913, page 123), is hereby abolished and all the powers,
duties, and functions of the State Tax Commissioner are hereby transferred to the Department of Revenue.
Sec. 85. The Comptroller-General is hereby empowered to employ such assistants to discharge the functions imposed on him in this Article as may be :necessary, provided, that an appropriation therefor shall have been made in accordance with law.
ARTICLE VIII.
SECRETARY OF STATE.
Sec. 86. The salary of the Secretary of State is hereby fixed at his present compensation of $5,000.00 p~r at:tnum, payable monthly, which shall be in lieuor&ll fees, perquisites, and other emoluments.
Sec. 87. All powers, duties, and functions which, under existing provisions of law, are reposed in and incumbent upon the Comptroller-General as Insura.nce Commissioner are hereby transferred to the Secretary of State. The
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offices cf Deputy Insurance Commissioner, Fire Inspector and Assistant Fire Inspector are hereby transferred to the office of the Secretary of State and made subordinate to him.
Sec. 88. All powers, duties, and functions which, under existing provisions of law, are reposed in and incumbent upon the Banking Department of the State of Georgia and the Superintendent of Banks are hereby transferred to and vested in the Secretary of State and the office of Superintendent of Banks is hereby abolished.
Sec. 89. All powers, duties, and functions which, under existing provisions of law, are reposed in and incumbent upon the Securities Commission are hereby transferred to and vested in the Secretary of State. Such Securities Commission, as provided in Acts of 1920, pages 250 and 251 is herebv abolished and the office of Examiner as bv said Act pr~vided is hereby transferred to the office ~f Secretary of State and is made subordinate to him.
Sec. 90. The Georgia Real Estate Commission, created under and by virtue of the Acts of 1925, pages 325-337 inclusive, is hereby abolished together with the offices thereunder and all powers, duties, and functions of that Commission are hereby transferred to the Secretary of State.
Sec. 91. The Secretary of State is hereby empowered to employ such assistants t.:> discharge the functions hereinabove imposed on him as may be necessary, provided that an appropriation therefor shall have been made in accordance with law.
Sec. 92. The Secretary of State is hereby authorized and directed to appoint one secretary to serve as such for each of the several examining boards, to-wit:
1. State Board of Veterinary Examiners (see Acts 1908, page 88, approved August 18, 1908, as amended by Acts 1918, page 117, approved August 18, 1918).
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563
2. State Board of Examiners of Public Accountants (see Acts 1908, page 88, approved August 17, 1908).
3. State Board of Pharmacy (see Acta 1927, page 291 et seq., approved August 20, 1927).
4. State Board of Osteopathic Examiners (see Sections 1732-1741 inclusive, Code 1910, as amended by Acts 1925, page 89, approved August 22, 1925).
5. State Board of Examiners of Nurses (see Sections 1698-1711 inclusive, Code 1910, as amended by Acts 1921, page 215, approved August 15, 1921).
6. State Board of Optometry (see Acta 1918, page 83, approved August 7, 1918).
1. State Board of Embalming (see Sections 1112-1121 inclusive, Code 1910).
8. State Board of Medical Examiners (see Acts 1913, page 101, approved August 18, 1913, as amended by Acts 1918, page 17::\, approved August 20, 1918).
9. State Board of Chiropractic Examiners (see Acts 1921, page 66, approved July 21, 1921.)
10. State Board of Dental Examiners (see Georgia Laws 1920, page 132, approved August 17, 1920).
11. State Board of Barber Examiners (see Acts 1914, page 75, approved August 17, 1914).
12. State Board of Examination and Registration of Architects (see Acts 1919, page 125, approved August Hl, 1919).
13. State Board of Bar Examiners (see Sections 49364942 inclusive, Code 1910).
14. Stationery Engineers and Firemen.
The office of said secretarv to be maintained under the supervision of said Secretary of State. The offices of secre-
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tary for said respective boards are hereby abolished. It shall be the duty of the joint secretary provided for herein to bring together and keep all records relating to the said severa~ examining boards; to receive all applications for licenses; with the consent of the board concerned, to schedule the time and place for examination; to issue certificates upon authority of the examining board concerned; to collect all fees now required by law in connection with the licensing of trades and professions and to remit the same to the State Treasurer. The expenses and salary of the Secretary and the expenses incidental to the work of his office shall be paid out of the fees remitted to the State Treasurer.
ARTICLE IX.
DEPARTMENT OF LAW.
Sec. 93. Be it further enacted by the authority aforesaid, that there is hereby created a Qepartment of Law, with the Attorney-General of the State at the head thereof, with six (6) Assistant Attorneys-General of equal rank between said assistants.
Sec. 94. The Department of Law is hereby vested with complete and exclusive authority and jurisdiction in all matters of law relating to every department of the State other than the judicial and legislative branches thereof. The several departments, commissions, institutions, offices and boards of the State Government are hereby prohibited from employing counsel in any matter whatsoever. However, the Governor in specific instances and on special causes may appoint therein and thereto for such specific service additional Attorneys-General to be compensated therefor as the Governor may direct.
Sec. 95. The Governor shall have power to direct the Department of Law, through the Attorney-General as head thereof, to institute and prosecute in the name of the State such matters, proceedings, and litigations as he shall
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565
deem to the best interest of the people of the State. The present duties and functions of the office of AttorneyGeneral are presetved. It shall be the duty of the Department of Law, when requested, to advise with the General Assembly, either branch thereof or any committee of same to aid in the preparation of proposed legislation.
Sec. 96. The present Assistant Attorney-General shall continue in office as such after the effective date of this Act. The remaining five Assistant Attorneys-General shall be appointed by the Governor, with the approval of the Attorney-General and be named subject to confirmation by the Senate. They shall each receive a salary of five thousand ($5,000.00) dollars per annum, payable monthly. Any Assistant Attorney-General may be removed at any time by the Governor with the approval of the Attorney-General.
ARTICLE X.
STATE BOARD OF EDUCATION. .;..:._....1 .
Sec. 97. Be it enacted by the authority aforesaid that the Georgia Illiteracy Commission, created by and existing ' under and by virtue of an Act approved August 18, 1919. (see Acts 1919, page 253, et seq.) be and the same is hereby abolished and the powers, duties, and functions thereof are hereby transferred to the State Board of Education.
Sec. 98. The State Board of Vocational Education, created and existing under a certain Act approved August
t"t, 1919 (see Acts 1919, pages 288, 361), be and the same is
hereby abolished and the powers, duties, and functions thereof are hereby transferred to the State Board of Education.
Sec. 99. So much of an Act approved August 19, 1919 (see Acts 1919, page 315), providing for the appointment by the State Superintendent of Schools of a bookkeeper and accountant, and so much of the Act approved August 27, 1925 (see Acts 1925, page 257), providing for the appoint-
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ment by the State Superintendent of Schools of an Assistant to the State School Auditor are hereby repealed; said offices are hereby abolished and the powers, duties, and functions of same are transferred to and made incumbent upon the Department of Audits and Accounts as herein provided.
ARTICLE XI.
COMMISSIONER OF AGRICULTURE.
Sec. 100. Be it enacted by the authority aforesaid that that portion of a certain Act approved August 13, 1910 (see Acts 1910, pages 125, 126), fixing the terms of State Veterinarian "to continue in office during good behavior and the proper performance of his duties," is hereby repealed and the term of office of the State Veterinarian is hereby fixed for successive terms of four years each; provided, however, that the present incumbent shall be the State Veterinarian for the first term herein provided.
Sec. 101. The State Board of Entomology existing under and by virtue of Section 2120, Code 1910, is hereby abolished and all of the powers, duties, and functions thereof are hereby transferred to and made incumbent upon the Commissioner of Agriculture.
ARTICLE XII.
PUBLIC-SERVICE COMMISSION.
Sec. 102. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that the State Public Service Commission shall be reduced from five (5) to three (3) members in manner following: The existing terms of all present incumbents shall terminate January 1, 1933, the three commissioners then assuming office to be elected at the first general election preceding the said date. Thereafter the term of office of Public-Service Commissioner shall be four (4) years.
WEDNESDAY, JuLY 15, 1931.
567
Sec. 103. The office of Attorney for the Public-Service Commission as fixed and prescribed by Section 2624 of the Code, 1910, is hereby abolished and the duties of said office shall be discharged by the Department of Law established by this Act.
ARTICLE XIII.
DEPARTMENT OF INDUSTRIAL RELATIONS.
Sec. 104. Be it further enacted by the authority aforesaid that there is hereby ci_ea,!:~d a Department of Industrial Relations under the control and management of chree directors of whom the chairman shall be the Commissioner cf Commerce and Labor, which office is hereby specifically retained. The remaining members of said department shall be appointed by the Governor by and with the advice and consent of the Senate.
Sec. 105. The terms of office of the present Industrial Commissioners heretofore appointed by the Governor shall terminate with the effective date of this Act. That member whose present term but for the provisions hereof would extend beyond the effective date of this Act shall be one of the directors of said Department of Industrial Relations serving for a term of two (2) years. The Governor shall appoint the other member to serve for a term of four (4) years and thereafter the Governor shall appoint their successors for terms of four (4) years each.
Sec. 106. Th_eC}:lairman of said Department, to-wit: the
Commissioner of Commerce and Labor, shall be elected as
now provided by law.
. ----
Sec. 107. No more than one of the directors appointed by the Governor shall be a person who on account of his previous vocation, employment or affiliation shall be classified as a representative of employers and not more than one of such appointees shall be a person who on account of his present vocation, employment or affiliation shall be classed
568
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as a representative of employees. Each of the appointees by the Governor as directors of said Department shall devote his entire time to the duties of his office and shall not hold any position of trust or profit, or be engaged in any occupation or business interfering or inconsistent with his duties as such director.
Sec. 108. Th_e_two directors appoint~d under the terms
of this Act shall each receive a -salary of four thousand
($4,0QO.OO) dollars per annum, payable monthly. The
chairman shall receive as salary per annum the amount of
his present compensation, to be in full of fees, perquisites
or other emoluments.
.
Sec. 109. The Department of Commerce and Labor, es-
tablished by an Act approved August 21, 1911 (see Acts
1911, page 133), is hereby abolished with the respective offices therein provided, exc~that of Commissioner of
Commerce and Labor, whose powers, duties, and functions
are hereby transferred to the Department of Industrial
Relations.
Sec. 110. The office of Factory Inspector provided in an Act approved August 19, 1916 (see Acts 1916, page 133), is hereby ~bolished.
Sec. 111. So much of the Georgia Workmen's Compensation Act approved August 17, 1920, creating an Industrial Commission (see Acts 1920, page 193, et seq.), is hereby abolished, and all the powers, duties, and functions thereof are hereby transferred to and vested in the Directors of the Department of Industrial Relations.
Sec. 112. The Chairman of the Department of Industrial Relations is hereby empowered to employ such assistants and clerical help to aid in the discharge of the powers, duties, and functions hereby imposed on the Department as rnay be necessary; provided that the expense thereof shall have been provided in the appropriation enacted for the support of said Department.
WEDNESDAY, jULY 15, 1931.
569
ARTICLE XIV.
GENERAL.
Sec. 113. Be it further enacted by the authority aforesaid that the following boards and commissions are hereby abolished with the respective officers of same:
(a) State Board of Public Welfare, as created under and by virtue of a certain Act approved August 13, 1919 (Acts 1919, pp. 222-228), which is hereby repealed.
(b) Board of Harbor, Port, and Terminal Commissioners, heretofore created under and existing by virtue of an Act approved August 10, 1921 (Acts 1921, pp. 197), amended by Acts 1921, pp. 197, and Acts 1924, pp. l18), which Act with respective officers thereof is hereby repealed and abolished.
(c) Georgia Canal and Waterways Commission as provided for in the Acts of 1921, pp. 159-166, inclusive, is abolished.
(d) Community Service Commission as provided for in Acts of 1919, pages 228-234 inclusive, is abolished with respect to officers.
Sec. 114. The Alexander H. Stephens Institute as a branch of the University of Georgia, created as such pursuant to an Act approved August 8, 1916 (see Laws 1916, p. 98), is hereby abolished as such branch.
Sec. 115. All public funds in the possession of any board, officer, or organization which, by the terms of this Act shall have been abolished, shall, with the passage of this Act, be turned back into the State Treasury; and all records, books, documents and papers of any such board, officer, or organization shall therewith be delivered to the department, board or office hereby created succeeding to the powers, duties, and functions of the board, office, or organization so abolished; if there be none succeeding to the powers, duties,
570
JouRNAL OF THE HousE,
and functions thereof, then same shall be delivered to the Secretary of State.
Sec. 116. In event, after the effective date hereof, and in course of the administration of this Act, any conflict shall arise between the respective offices, departments, boards, and commissions herein affected, the Governor is hereby requested to report same to the next General Assembly and in the interim as Executive of this State, he is empowered to give such direction to the matters in conflict as will best subserve the interest of this State.
Sec. 117. This Act, insofar as it does not add to, take from, or eliminate any existing law shall be construed as a continuat.ion thereof.
Sec. 118. The effective date of this Act is January 1,1932.
Sec. 119. All laws and parts of laws in conflict with the foregoing provisions hereof are hereby repealed.
Privileges of the floor were granted to Hon. Hugh A. Carithers, Mr. L. L. Brown, Jr., Hon. James L. Smith, Hon. Thomas W. Bryan, Hon. E. H. McConnell, Hon. L. H. Lochlier, Mr. Robert Bruce Jones, Hon. Edgar Dunlap, Hon. R. E. Hightower, Jr., and Judge M. C. Barwick.
Mr. King of Clay moved that the House do now adjourn.
The motion to adjourn prevailed.
The Speaker announced the House adjourned until tomorrow morning, at 10:00 o'clock.
THURSDAY, JuLY 16, 1931.
571
REPRESENTATIVE HALL, ATLANTA, GA.,
THURSDAY, JuLY 16, 1931.
The House met pursu'lnt 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. Hardin of Whitfield, 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 hills and resolutions, favorably reported, the second time.
4. Passage of uncontested local House and Senate hills and resolutions.
5. First reading of Senate hills and resolutions.
Mr. Skelton of Hart asked unanimous consent to withdraw House Bill No. 332 from further consideration of the House, and the request was granted.
Mr. Mooty of Troup asked unanimous consent that
House Bill No. 113 he recommitted, and the request was
granted.
572
JOURNAL OF THE Hot;sE,
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requtstte constitutional majority the following bills of the House, to-wit:
By Mr. Tucker of Berrien-
House Bill No. 5. A bill to be entitled an Act to abolish the offices of Tax Collector and Tax Receiver in Berrien County, Georgia, and for other purposes.
By Mr. Scarbrough of Polk-
House Bill No. 23. A bill to be entitled an Act to amend Section 1 of an Act creating the City Court of Polk County.
By Mr. Scarbrough of Polk-
House Bill No. 24. A bill to be entitled an Act to amend an Act establishing the City Court of Polk County.
By Mr. C<lnnon of Rockdale-
House Bill No. 71. A bill to be entitled an Act to establish the City Court of Conyers, and for other purposes.
By Mr. Morris of Atkinson-
House Bill No. 74. A bill to be entitled an Act to change the time of holding Superior Court in the County of Atkinson, and for other purposes.
By Mr. Gary of Quitman-
House Bill No. 161. A bill to be entitled an Act to change the time of convening Quitm'ln County Superior Court, and for other purposes.
THURSDAY, JuLY lG, 1931.
573
By Mr. Pope of Toombs-
Hause Bill No. 231. A bill to be entitled an Act to establish the City Court of Lyons in and for the County of Toombs, and for other purposes.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the reqmsrte constitutional majority the following bills of the Senate, to-wit:
By Mr. Beck of the 37th District-
Senate Bill No. 25. A bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector in the County of Carroll, to fix the compensation for the officer performing the duties of said office when so consolidated, and for other purposes.
By Messrs. Dekle of the Gth District and Moore of the 47th District-
Senate Bill 1'\o. 31. A bill to be entitled an Aci: to amend Section 883 of the Code of 1910, Park's Code, Section 1140, so l.S to allow the owner or holder of any equity, lien or interest in or on property that has been returned or assessed with other property for taxes, to pay the taxes assessed against such property, to secure a release of same from such lien for taxes; to require the official charged with the collection of taxes to accept payment and execute a release of said property from said lien and to provide a fee for such service and pay funds collected to a transferee, if any, and for other purposes.
By Messrs. McWhorter of the 50th District and Moore of the 47th District-
Senate Bill No. 33. A bill to be entitled an Act to propose to the people of the State of Georgia to amend Para-
574
JouRNAL oF THE HousE,
graph 1 of Section 2 of Article 7 of the Constitution of the State of Georgia so as to authorize the General Assembly to classify intangible property and forest lands for taxation, and for other purposes.
The Senate has also passed by the requisite constitutional majority the following resolutions of the Senate, to-wit:
By Mr. Neisler of the 23rd District-
Senate Resolution No. 16. A resolution to relieve D. Coolik as surety.
By Mr. Harris of the 18th District-
Senate Resolution No. 37. A resolution authorizing and instructing the President of the Senate and the Speaker of the House of Representatives each to appoint a committee of five outstanding Georgians to make a survey of the University of Georgia system 1.nd report their findings to the General Assembly within a period of thirty days> :md for other purposes.
By unanimous consent, the following bills and resolutions of the House were introduced, read the first time, andreferred to the committees:
By Mr. Ross of Dodge-
House Bill No. 354. A bill providing that a county pay court costs in certain cases, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Bunn of Ware-
House Bill No. 355. A bill providing for the manner in which tax fi. fas. shall be issued in certain counties, and for other purposes
Referred to Committee on Counties and County Matters.
THURSDAY, JuLY 16, 1931.
575
By Mr. Paulk of Troup and others-
House Bill No. 356. A bill to regulate the selling of agricultural and vegetable seeds, and for other purposes.
Referred to Committee on General Agriculture No. 1.
By Mr. Thomason of Worth-
House Bill No. 357. A bill to prescribe the date from which the execution of sentences shall be computed, and for other purposes.
Referred to Committee on General Agriculture No. 1.
By Mr. Carlisle of Grady-
House Bill No. 358. A bill to change the time of holding the Superior Court of Grady County, and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Grayson and Alexander of Chatham-
House Bill No. 359. A bill to amend the General Tax Act, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Eckford of Fulton and others-
House Bill No. 360. A bill to amend an Act relating to the Firemen of the City of Atlanta, and for other purposes.
Referred to Committee on Labor and Labor Statistics.
By Mr. Walker of Ben HillHouse Bill No. 361. A bill requiring insurance companies
to pay loss according to the value placed on the property at the time the policy was issued, and for other purposes.
Referred to Committee on Insurance.
576
JouRNAL oF THE HousE,
By Messrs. Almand and Preston of Walton-
House Bill No. 362. A bill to amend an Act providing a new charter for the City of Monroe, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Cain of Crisp-
House Bill No. 363. A bill to amend an Act creating a Board of County Commissioners for the County of Crisp, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Andrews of Crawford-
House Bill No. 364. A bill to amend the Tax Equalization Law, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Mixon of Irwin-
House Bill No. 365. A bill to provide for the introduction in evidence of deeds made pursuant to a sale under power of attorney, and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Messrs. Carlisle of Bibb, Mundy of Clayton, and Jones of Burke-
House Bill No. 366. A bill fixing the right, title, or interest of third persons who have acquired any right, title, or interest in property covered by a deed, and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Mr. Stewart of CoffeeHouse Bill No. 367. A bill to amend an Act regulating
the use of explosives, and for other purposes.
Referred to Committee on General Judiciary No. 1.
THURSDAY, JuLY 16, 1931.
577
By Messrs. Harris of Terrell, Mooty of Troup, and King of
Clay-
House Resolution No. 56-365a. A resolution to prohibit any person connected with any institution of this State to issue articles of propaganda for pay, and for other purposes.
Referred to Committee on State of the Republic.
By Mr. Lewis of Gordon_____:
House Resolution No. 57-365b. A resolution to pay pension of Mrs. E. M. Kay for certain months, and for other purposes.
Referred to Committee on Appropriations.
By Mr. Montgomery of Webster-
House Bill No. 368. A bill changing the governing of the Confederate Soldiers' Home, and for other purposes.
Referred to Committee on Invalid Pensions and Soldiers Home.
Mr. Walker 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 resolution of the House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Resolution No. 23-173a do not pass. A minority filed.
Respectfully submitted,
WALKER of Ben Hill,
Chairman.
578
JouRNAL oF THE HousE,
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 bill of the House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 1. An Act to create a Text-Book Commission, to define their duties, to provide for their publication, purchase, and distribution at actual cost. Do pass by Committee substitute as amended.
Respectfully submitted,
DAVIS of Floyd,
Chairman.
Mr. Allen of Baldwin 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:
House Bill No. 129 do not p~ss.
Respectfully submitted,
ALLEN of Baldwin,
Chairman.
Mr. Gary of Quitman County, Vice-Chairman of the Committee on Hygiene and Sanitation, submitted the following report:
THURSDAY, JULY 16, 1931.
;)79
Mr. Speaker:
Your Committee on Hygiene and Sanitation 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:
House Bill No. 201 do pass.
Respectfully submitted,
GARY of Quitman,
Vice-Chairman.
Mr. Key of Jasper County, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker: Your Committee on Insurance has had under considera-
tion the following bills of the House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 261 do pass. House Bill No. 263 do pass. House Bill No. 197 do not pass. House Bill No. 198 do not pass. House Bill No. 199 do not pass.
Respectfully submitted, KEY of Jasper, Chairman.
Mr. Thomas of Wayne County, Chairman of the Committee on Legislative and Congressional Reapportionment, submitted the following report:
580
JOURNAL oF THE HousE,
Mr. Speaker:
Your Committee on Legislative and Congressional Reapportionment has had under consideration the following bill of the House and has instructed me, as ch:1irman, to report the same back to the House with the recommendation that:
House Bill No. 113 do pass.
Respectfully submitted,
THoMAS of Wayne,
Chairman.
Mr. Trotter of Taliaferro 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 Senate and has instructed me, as chairman, to report the same back to the House with the recommendatiol'). that:
House Bill No. 320 do pass.
Senate Bill No. 24 do pass.
Respectfully submitted,
TROTTER of Taliaferro,
Chairman.
Mr. Duncan of Houston County, Chairman of the Committee on Pensions, submitted the following report:
Mr. Speaker:
Your Committee on Pensions has had under consideration the following bill of the House and has instructed me,
THURSDAY, JuLY 16, 1931.
581
as chairman, to report the same back to the House with the recommendation that:
House Bill No. 313 do pass.
Respectfully submitted, DuNCAN of Houston, Chairman.
The following bills of the House, favorably reported, were read the second time:
By Messrs. Lindsay and Leathers of DeKalb-
House Bill No. 201. A bill to regulate the practice and teaching of beauty culture in this State, and for other purposes.
By Mr. Allen of Baldwin-
House Bill No. 261. A bill to make it a misdemeanor for any person or firm engaged in the life insurance business to receive any compensation on account of employment of an undertaker, and for other purposes.
By Mr. Allen of Baldwin-
House Bill No. 263. A bill to prohibit certain companies and organizations from agreeing to settle losses under its contracts by delivering merchandise or rendering services, and for other purposes.
By Mr. Kennedy of Lamar-
House Bill No. 313. A bill providing for and regulating the manner and procedure of payment of pensions to Confederate veterans, and for other purposes.
582
JouRNAL OF THE HousE,
By Mr. Hubbard of Wilkinson-
House Bill No. 320. A bill to amend an Act establishing a charter for the City of Gordon, and for other purposes.
By Mr. Ross of Appling and others-
House Bill No. 1. A bill to create a Text-Book Commission, and for other purposes.
By Messrs. Davis and Mooty of Troup-
House Bill No. 113. A bill to reapportion the members of the House of Representatives according to the past census of the United States, and for other purposes.
The following bill of the Senate, favorably reported, was read the second time:
By Mr. Adkins of the 9th District-
Senate Bill No. 24. A bill to create a new charter for the City of Edison, and for other purposes.
By unanimous consent, the following bills and resolutions of the Senate were read the first time and referred to the committees:
By Mr. Neisler of the 23rd District-
Senate Resolution No. 16. A resolution to relieve D. Coolik as surety, and for other purposes.
Referred to Committee on State of the Republic.
By Mr. Beck of the 37th District-
Senate Bill No. 25. A bill to consolidate the offices of Tax Receiver and Tax Collector in the County of Carroll, and for other purposes.
Referred to Committee on Special Judiciary.
THURSDAY, }DLY 16, 1931.
383
By Messrs. Dekle of the 6th District and Moore of the 47th District-
Senate Bill No. 31. A bill to amend the Code relative to property assessed with other pr<?perty for taxes, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Messrs. McWhorter of the 50th District and Moore of the 47th District-
Senate Bill No. 33. A bill to amend the Constitution so as to authorize the General Assembly to classify intangible property and forest lands for taxation, and for other purposes.
Referred to Committee on Amendments to the Constitution.
By Mr. Harris of the 18th DistrictSenate Resolution No. 37. A resolution authorizing the
appointment of a committee for the purpose of studying the University of Georgia and its branches, and for other purposes.
Referred to Committee on University of Georgia and Its Branches.
By Mr. Hand of the 8th DistrictSenate Bill No. 13. :\ bill to amend the Code so as to
permit the use of peanut products as ingredients of concentrated commercial feeding stuff, and for other purposes.
Referred to Committee on General A.gricul turc No. 1.
By unanimous consent, the following bills of the House were read the third time and placed upon their passage:
By Mr. Thomas of Wayne-
House Bill No. 6. A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Wayne County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, nays 0.
584
JouRNAL oF THE HousE,
The bill having received the requisite constitutional majority was passed.
By Messrs. Eckford, Mc~ae, and Still of FultonHouse Bill No. 143. A bill to be entitled an Act to put
10,000 names in the jury box of Fulton County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Gullatt of CampbellHouse Bill No. 167. A bill to be entitled an Act to amend
an Act providing that all property of Campbell County shall becorne the property of Fulton County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, nays 0.
Th~ bill having received. the requisite constitutional majority was passed.
By Mr. Morris of AtkinsonHouse Bill No. 223. A bill to be entitled an Act to re-
peal an Act entitled "Atkinson County Tax Commissioner, Referendum," and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, nays 0.
The bill having received the requisite constitutional majority was passed.
THURSDAY, juLY 16, 1931.
585
By Mr. Franklin of Butts-
House Bill No. 240. A bill to be entitled an Act to amend an Act incorporating the Town of Jenkinsburg, and for other purposes.
The report 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 Messrs. Stanton and Bunn of Ware-
House Bill No. 242. A bill to be entitled an Act to amend an Act so as to reduce the incorporate limits of the Town <>f \Varesboro, and for other purposes.
The report 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 Mr. Dixon of Pierce-
House Bill No. 248. A bill to be entitled an Act to prohibit the running at large in Pierce County, Georgia, of any bull or boar hog over the age of four months, and for other purposes.
The report 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.
586
JouRNAL OF THE HousE,
By Mr. Howard of Long-
House Rill No. 254. A bill to be entitled an Act to amend an Act creating a new charter for the City of Ludowici, and for Gther purposes.
The report 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. Burtc n of FranklinHouse Bill No. 257. A bill to be entitled an Act to abolish
the offices of Tax Receiver and Tax Collector of Franklin County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 118, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Stewart of Coffee-
House Bill No. 259. A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Coffee County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 119, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Thomas of WayneHouse Bill No. 272. A bill to be entitled an Act to amend
THuRSDAY, JuLY 16, 1931.
587
an~Act establishing the City Court of Jesup, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 120, nays 0.
The bill having received the requisite constitutional majority was passed.
Messrs. Davis and Lord of Jackson-
House Bill No. 273. A bill to be entitled an Act to abolish the office of County Treasurer of Jackson County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 121, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Davis and Lord of Jackson-
House Bill No. 274. A bill to be entitled an Act to amend an Act creating a Board of County Commissioners for the County of Jackson, and for other purposes.
588
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 122, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Fraser of Liberty-
House Bill No. 282. A bill to be entitled an Act to repeal an Act requiring live-stock dealers in Liberty County to register and pay a tax, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 123, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Fraser of Liberty-
House Bill No. 283. A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector in Liberty County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 124, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Paulk of Turner-
House Bill No. 284. A bill to be entitled an Act creating the Board of Commissioners of Roads and Revenues of Turner County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
THURSDAY, JuLY 16, 1931.
589
On the passage of the bill, the ayes were 125, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Battle, Meredith, and Roberts of MuscogeeHouse Bill No. 285. A bill to be entitled an Act to
amend the charter of the City of Columbus, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 126, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Courson of BrantleyHause Bill No. 289. A bill to be entitled an Act to amend
an Act incorporating the City of Nahunta, and for other purposes.
The report 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 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Courson of BrantleyHause Bill No. 290. A bill to be entitled an Act to
abolish the offices of Tax Receiver and Tax Collector of Brantley County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 128, nays 0.
The bill h'lving received the requisite constitutional majority was passed.
590
JouRNAL OF THE HousE,
By Mr. Harris of Terrel-
Hause Bill No. 293. A hill to he entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Terrell County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 129, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Hubbard of Wilkinson-
House Bill No. 298. A bill to be entitled an Act to repeal an Act creating a Board of Commissioners of Roads and Revenues for the County of Wilkinson, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the hill, the ayes were 130, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Hubbard of Wilkinson-
House Bill No. 299. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues of Wilkinson County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 131, nays 0.
The bill having received the requisite constitutional majority was passed.
THuRSDAY, JuLY 16, 1931.
591
By Mr. Sammon of GwinnettHouse Bill No. 306. A bill to be entitled an Act to amend
an Act establishing a system of public schools in the Town of Lawrenceville, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 132, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Bunn of WareHouse Bill No. 309. A bill to be entitled an Act to create
a Board of Civil Service Commission for the City of Waycross, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 133, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Montgomery of WebsterHouse Bill No. 314. A bill to be entitled an Act to
abolish the office of Tax Receiver and Tax Collector of "VI'ebster County, and for other purposes.
The report of the committee, which was favorable to tpe passage of the bill, was agreed to.
On the passage of the bill, the ayes were 134, nays 0.
The bill having received the requisite constitutional majority was passed.
By unanimous consent, the following bills of the Senate were read the third time and phced upon their passage:
592
JouRNAL OF THE HousE,
By Mr. Duckworth of the 7th District-
Sen::tte Bill No. 4. A bill to be entitled an Act to abolish the offices of Tax Collector and Tax Receiver in Grady County, and for other purposes.
The following Committee amendments were read and adopted:
Amendments to Senate Bill No. 4.
Mr. Carlisle of Grady moves to amend the bill as follows:
By striking Section 4 and Section 5, in their entirety and substituting for same the following:
"Be it further enacted by ::tuthority aforesaid, that Grady County Tax Commissioners shall hold office for a term of four (4) years, beginning January 1, 1933, and said Tax Commissioner shall be elected H the general election to be held in November, 1932, and every four years thereafter. This Act shall become effective January 1, 1933.
Mr. Carlisle of Grady moves to amend the bill as follows:
By striking from Section 8 of said bill in the last part of line 4 of said Section 8 the figures $3,000.00 and substituting for the same $2,400.00.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the pass'lge of the bill, the ayes were 118, nays 0.
The bill having received the requisite constitutional majority was passed as amended.
By Mr. Neill of the 24th DistrictSenate Bill No. 15. A bill to be entitled an Act to change
the time of holding Muscogee Superior Court, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
THURSDAY, JuLY 16, 1931.
593
On the passage of the bill, the ayes were 119, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Puett of the 40th District-
Senate Bill No. 30. A bill to be entitled an Act to provide for placing the Treasurer of Towns County on a salary basis, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 120, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Reagan of the 35th District-
Senate Bill No. 37. A bill to be entitled an Act to amend an Act incorporating the Town of McDonough, and for other purposes.
The report 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. Denton of the 38th District-
Senate Bill No. 54. A bill to be entitled an Act to create the office of Commissioner of Roads and Revenues for the County of Paulding, and for other purposes.
The report 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.
594
JouRNAL OF THE HousE,
The bill having received the requisite constitutional majority was passed.
Under the order of unfinished business, the following bill of the House was taken up for consideration:
By Messrs. Huddleston of Meriwether, Crowe of Worth, and others-
House Bill No. 194. A bill to be entitled an Act to simplify the operations of the Executive Branch of the State Government, and for other purposes.
The Speaker ordered that the bill be considered section by section and item by item.
ARTICLE 1
Section 1. This section was read and adopted by unanimous consent.
Section 2. The following amendment to Section 2 was read and adopted:
Mr. Culpepper of Fayette moves to amend House Bill No. 194 by striking from line 1 of Section 2 of said bill the word "Said" and substituting in lieu therefor the words "the Executive."
Section 2 was adopted as amended.
Section 3. This section was read and adopted by unanimous consent.
Section 4. This section was read and adopted by unanimous consent.
Section 5. This section was read and adopted by unanimous consent.
Section 6. This section was read and adopted by unanimous consent.
THURSDAY, JuLY 16, 1931.
595
Section 7. This section was read and adopted by unanimous consent.
Section 8. This section was read and adopted by unanimous consent.
Article 1 was adopted as amended.
ARTICLE 2
Section 9. This section was read and adopted by unanimous consent.
Section 10. This section was read and adopted by unanimous consent.
Section 11. This section was read and adopted by unanimous consent.
Section 12. The following amendment to Section 12 was read and adopted:
Mr. Culpepper of Fayette moves to amend House Bill No. 194 by striking Section 12 of Article 2 and substituting the following: Section 12. The Georgia Soldiers Roster Commission as created and established under and in pursuance of an Act approved August 15, 1903, is hereby abolished; its powers, duties, and functions are hereby transferred to the Veterans' Service Office; however, the Superintendent of this Commission shall be retained at her present salary for '1 term ending with the term of the Pension Commissioner, and shall perform the powers, duties, and functions herein delegated to said office.
Section 12 was adopted as amended.
Section 13. This section was read and adopted by unanimous consent.
Article 2 was adopted as amended.
Section 14.
ARTICLE 3
596
JouRNAL OF THE HousE,
Mr. Rosser of \Valker moved the previousfquestion on the adoption of Section 14, Article 3 of House Bill No. 194.
Mr. Myrick of Chatham moved that the House do now adjourn.
The motiGn to adjourn prevailed and House Bill No. 194 went over as unfinished business with Section 14 in Article 3 and amendments pending, and the motion for the previous question by Mr. Rosser of Walker, pending.
Leave of absence was granted to Messrs. Swain of \Varren, Montgomery of Webster, Sims of Lincoln, and Rabun of Jefferson.
The Speaker announced the House adjourned until tomorrow morning, at 10:00 o'clock.
FRIDAY, JuLY 17, 1931.
;)97
REPRESENTATIVE HALL, ATLANTA, GA.,
FRIDAY, JuLY 17, 1931.
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
Chambers
Alexander
Childs
Allen
Clark
Almand
Clements of Marion
Andrews
Clements of Telfair
Arnold
Cochran
Arrington
Collier
Ashley
Colson
Atwood
Courson
Awtrey
Cowart
Bargeron
Cozart
Barrett
Crawford
Battle
Crowe
Beaman
Cullens
Bean
Culpepper of Echols
Beasley
Culpepper of Fayette
Bennett of Bacon
Davis of Floyd
Bennett of Jeff Davis Davis of Jackson
Bland
Davis of Mitchell
Brannen
Davis of Troup
Brown
Dixon
Brunson
Donaldson
Bunn
Dorsett
Burton
Duncan
Bush
Dykes
Cain
Eckford
Cannon
Edmondson
Carlisle of Bibb
Edwards of Gilmer
Carlisle of Grady
Edwards of LOwndes
Cartledge
Edwards of Stephens
Chalker
Elliott
Evans Fagan Franklin Fraser Freeman Gary
Gillen Graham Grayson Green Greer Griffeth Griffin of Decatur Griffin of Wilkes Gullatt Hampton Hardin Harris Harrison of camden Harrison of~Jenkins Hatcher Hawes Hodges Holt Horne Howard of Chatt'h'chee
Howard of LOng Hubbard of Habersham Hubbard of Wilkinson Huddleston Hutcheson
598
JouRNAL OF THE HousE,
Hyman
Meredith
Irvin
Mixon
James
Montgomery
Johnson of Montgomery Mooty
Johnson of Pike
Morris
Johnson of Seminole Moye
Johnston
Mundy
Jones of Burke
Musgrove
Jones of Lumpkin
Myrick
Jones of Paulding
Nelson of Cook
Kennedy
Nelson of Laurens
Key
Oliver
Killebrew
Osteen
Kimbrough
Pace
Kimsey
Parham
King of Clay
Park
King of Newton
Patten
Lance
Paulk
Lanham
Peebles
Lanier
Phillips
Leathers
Pittard
Lester
Pope
Lewis of Gordon
Powell
Lewis of Hancock
Preston
Lindsay
Purdy
Logan
Purvis
Lord
Rabun
McElreath
Rivers
McGehee
Roberts
McKoy
Robertson
McLeod
Ross of Appling
McRae
Ross of Dodge
McWhorter
Rosser
Mallard
Sammon
Mardre
Scarbrough
Mattox
Seckinger
Maynard
Sharpe
Mercer
Shirley
Simmons Sims Sisk Skelton Spivey Stanton Stewart Still Stone Strickland of Douglas Strickland of Haralson Sutton Swain Tate Taylor Thomas Thomoson Thompson Tippins Townsend Trapnell Trotter Turner Waldrop Walker of Ben Hill Walker of Brooks Walker of Morgan Walker of Screven Wall Weeks Westbrook Whittle Wilkes Williams Wilson Wood Yawn Mr. Speaker
Mr. Hardin of Whitfield, 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.
FRIDAY, JuLY 17, 1931.
;)99
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period ofUnanimous 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.
5. First reading of Senate bills and resolutions.
Mr. Nelson of Cook asked unanimous consent that when the House adjourn today, it stand adjourned until tomorrow morning at 10:00 o'clock.
There was objection.
Mr. Nelson of Cook moved that when the House adjourn today, it stand adjourned until tomorrow morning at 10:00 o'clock.
Mr. Battle of Muscogee moved that when the House adjourn today, it stand adjourned until 11:00 o'clock Monday morning.
Mr. Lanier of Richmond moved the previous question on the motion of Mr. Battle, and the motion prevailed.
The main question was ordered.
On the motion of Mr. Battle, the ayes were 85, nays 16, and the motion prevailed.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
600
JouRNAL oF THE HousE,
Mr. Speaker:
The Senate has passed by the reqmstte constitutional majority the following bills of the Senate, to-wit:
By Mr. Peterson of the 15th District-
Senate Bill No. 45. A bill to be entitled an Act to amend Section 9 of Article VIII of a certain Act, approved August 19, 1919, same appearing in the Acts of 1919 at page 291 thereof, by striking therefrom the qualifications therein specified for three of the appointees to the State Board of Education, to repeal conflicting laws, and for other purposes.
By Mr. Watson of the 3rd District-
Senate Bill No. 62. A bill to be entitled an Act to abolish the common-law rule, which is in force in Georgia, that an executor of the will of an executor is ipso facto the executor of the will of the first testator, and for other purposes.
By Mr. Hand of the 8th District-
Senate Bill No. 73. A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Mitchell County, Georgia; to create the office of Tax Commissioner for said county; to fix the term and compensation of said officer; and for other purposes.
By Mr. Hand of the 8th District-
Senate Bill No. 74. A bill to be entitled an Act to amend an Act to establish the City Court of Pelham in the Town of Pelham, in Mitchell County, approved August 22, 1905, so as to repeal a portion of Section 38 of said Act.
By Mr. Hand of the 8th District-
Senate Bill No. 76. A bill to be entitled an Act to amend an Act entitled an Act to establish the City Court of Ca-
FRIDAY, JuLY 17, 1931.
601
milia, in and for the County of Mitchell, approved August 17, 1905, so as to repeal the last six lines of Section 36 of said Act, as will be found in Georgia Laws, 1905, page 191.
The Senate has also passed by the requisite constitutional majority the following resolution of the Senate, to-wit:
By Messrs. Neill of the 24th District, Harris of the 18th District, Peterson of the 15th District, West of the 11th District, Weekes of the 34th District, McWhorter of the 50th District, and Evans of the 19th District-
Senate Resolution No. 42. A joint resolution authorizing the Governor to appoint a commission known as "Century of Progress Commission."
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the reqmstte constitutional majority the following bills of the House, to-wit:
By Mr. Tucker of Berrien-
House Bill No. 4. A bill to be entitled an Act to abolish the City Court of Nashville in Berrien County, and for other purposes.
By Messrs. Graham, Nelson, and Brunson of Laurens-
House Bill No. 56. A bill to be entitled an Act to amend and Act incorporating the Town of Dudley, and for other purposes.
By Mr. Morris of Atkinson-
House Bill No. 73. A bill to be entitled an Act to repeal an Act entitled, "An Act to create a Board of Commis-
602
JouRNAL OF THE HousE,
sioners of Roads and Revenues for the County of Atkinson," and for other purposes.
By Mr. Morris of Atkinson-
House Bill No. 75. A bill to be entitled an Act to create the office of Commissioner of Roads and Revenues in the County of Atkinson, and for other purposes.
By Messrs. Griffin and Simmons of Decatur-
House Bill No. 85. A bill to be entitled an Act to amend an Act entitled, "An Act to incorporate the Town of Attapulgus, in Decatur County, Georgia," and for other purposes.
By Mr. Cain of Crisp-
House Bill No. 106. A bill to be entitled an Act to amend an Act providing for a new charter for the City of Cordele, and for other purposes.
By Mr. Musgrove of Clinch-
House Bill No. 131. A bill to be entitled an Act to repeal an Act creating a Board of Commissioners of Roads and Revenues for the County of Clinch, and for other purposes.
By Mr. Musgrove of Clinch-
House Bill No. 132. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Clinch, and for other purposes.
By Mr. Musgrove of Clinch-
House Bill No. 134. A bill to be entitled an Act to abolish the office of Tax Collector and Tax Receiver for the County of Clinch and to create the office of Tax Commissioner, and for other purposes.
FRIDAY, JuLY 17, 1931.
603
By Mr. Dixon of Pierce-
House Bill No. 209. A bill to be entitled an Act to abolish the office of Tax Collector and Tax Receiver of Pierce County, and to establish in lieu thereof the office of Tax Commissioner of Pierce County, and for other purposes.
By Messrs. Peebles and McElreath of Bartow-
House Bill No. 210. A bill to be entitled an Act to amend and Act incorporating the City of Cartersville, and for other purposes.
By unanimous consent, the following bills and resolution of the House were introduced, read the first time, and referred to the committees:
By Mr. Collier of Madison-
House Bill No. 369. A bill to abolish certain State Institutions, and for other purposes.
Referred to Committee on State of the Republic.
By Mr. Myrick of Chatham-
House Bill No. 370. A bill to amend the Acts relating to the City Court of Savannah, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Waldrop of Union-
House Bill No. 371. A bill to regulate the operation of game and fish laws in Union County, and for other purposes.
Referred to Committee on Game and Fish.
604
JouRNAL OF THE HousE,
By Messrs. Fagan of Peach and Mooty of Troup-
House Bill No. 372. A bill to amend the Motor Carrier Act of 1931, and for other purposes.
Referred to Committee on Public Highways.
By Messrs. Mattox and Sutton of Colquitt-
House Bill No. 373. A bill to prohibit the introduction of evidence before a jury after issue has been submitted by charge of court, and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Messrs. Mattox and Sutton of Colquitt-
House Bill No. 374. A bill to make it unlawful to collect for the use of money an interest rate greater than 8 per cent. per annum, and for other purposes.
Referred to Committee on Banks and Banking.
By Mr. Moye of Randolph-
House Bill No. 375. A bill to amend an Act incorporating the Town of Carnegie, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Roberts of Muscogee-
House Bill No. 376. A bill relating to the licensing of motor vehicle operators, and for other purposes.
Referred to Committee on Public Highways.
By Mr. Mallard of Charlton-
House Bill No. 377. A bill to create a new charter for the City of Folkston, and for other purposes.
Referred to Committee on Municipal Government.
FRIDAY, JuLY 17, 1931.
605
By Messrs. Lindsay and Leathers of DeKalb-
House Bill No. 378. A bill to amend the Code so as to provide for granting a new trial in certain cases, and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Mr. Mixon of Irwin-
House Resolution N(J, 58-378a. A resolution to appropriate $3,500.00 for fencing and marking Jefferson Davis, and for other purposes.
Referred to Committee on Appropriations.
By Mr. Walker of Ben HillHouse Bill No. 379. A bill to amend the Code relative
to "Short Order Sales," and for other purposes.
Referred to Committee on Corporations.
Mr. Rosser of Walker 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 Senate and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 153 do pass. Senate Bill No. 20 do pass. House Bill No. 33 do not pass. House Bill No. 112 do not pass.
Respectfully submitted, RossER of Walker, Chairman.
606
JouRNAL oF THE HousE,
Mr. Stanton of Ware County, Chairman of the Committee on Banks and Banking, submitted the following report:
Mr. Speaker:
Your Committee on Banks and Banking has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 67 do pass.
Respectfully submitted,
STANTON of \Vare,
Chairman.
Mr. Andrews of Crawford County, Chairman of the Committee on Counties 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 House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 77 do pass as amended. House Bill No. 141 do pass. House Bill No. 253 do pass. House Bill No. 265 do pass.
House Bill No. 295 do pass. House Bill No. 296 do pass. House Bill No. 307 do pass. House Bill No. 308 do pass.
FRIDAY, JuLY 17, 1931.
607
House Bill No. 318 do pass. House Bill No. 319 do pass. House Bill No. 323 do pass.
Respectfully submitted, ANDREWs of Crawford, 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 bill of the Senate and has instructed me, as chairman, to report the same back to the House with the recommendation that:
Senate Bill No. 6. An Act amending an Act approved August 19, 1919, so as to permit the voters of all independent school systems of Ga. to vote for the office of County School Superintendent. Do pass.
Respectfully submitted,
DAVIS of Floyd,
Chairman.
Mr. Johnson of Seminole County, Chairman of the Committee on General Agriculture No. 1, submitted the following report:
Mr. Speaker:
Your Committee on General Agriculture No. 1 has had under consideration the following bills of the Senate and House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
608
JouRNAL oF THE HousE,
House Bill No. 22 do pass by substitute. House Bill No. 196 do not pass. House Bill No. 17 do not pass. House Bill No. 52 do not pass. House Bill No. 70 do pass by substitute. Senate Bill No. 13 do pass.
Respectfully submitted, JOHNSON of Seminole, Chairman.
Mr. Lewis of Hancock 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 has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 252 do not pass. House Bill No. 278 do pass. House Bill No. 216 do pass as amended.
Respectfully submitted, LEWIS of Hancock, Chairman.
Mr. Lewis of Hancock County, Chairman of the Com!llittee on General Judiciary No. 1, submitted the followmg report:
FkiDAY, JuLY 17, 1931.
G09
Mr. Speaker:
Your Committee on General Judiciary No. 1 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:
House Bill No. 335 do pass.
House Bill No. 40 do pass.
House Bill No. 258 do pass as amended by committee.
Respectfully submitted,
LEWIS of Hancock,
Chairman.
Mr. Gary of Quitman County, Vice-Chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Mr. Speaker:
Your Committee on Hygiene and Sanitation has had under consideration 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:
House Bill No. 322 do not pass.
House Bill No. 352 do pass.
House Bill No. 239, withdrawn from committee by unanimous consent.
Respectfully submitted,
GARY of Quitman,
Vice-Chairman.
Mr. Still of Fulton County, Chairman of the Committee on Labor and Labor Statistics, submitted the following report:
610
JouRNAL OF THE HousE,
Mr. Speaker:
Your Committee on Labor and Labor Statistics 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:
House Bill No. 120 do pass.
Respectfully submitted,
STILL of Fulton,
Chairman.
Mr. Beasley of Tattnall 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 Senate and has instructed me, as chairman, to report the same back to the House with the recommendation that:
Senate Bill No. 26 do not pass.
House Bill No. 68 do pass by substitute.
House Bill No. 65 do pass.
Respectfully submitted, BEASLEY ofTattnall, Chairman.
Mr. Griffin of Decatur County, Chairman of the Committee on Public Printing, submitted the following report:
Mr. Speaker:
Your Committee on Public Printing 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:
FRIDAY, JuLY 17, 1931.
Gll
House Resolution No. 39 do pass. Respectfully submitted, GRIFFIN of Decatur, Chairman.
Mr. Awtrey of Cobb County, Chairman of the Committee on Temperance, submitted the following report:
Mr. Speaker:
Your Committee on Temperance 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:
House Bill No. 338 do pass.
Respectfully submitted,
AwTREY of Cobb,
Chairman.
The following bills and resolution of the House, favorably reported, were read the second time:
By Mr. Franklin of Butts and others-
House Bill No. 22. A bill to regulate and control the sale of milk, and for other purposes.
By Messrs. Beaman, Leathers, and Lindsay of DeKalb, and others-
House Bill No. 40. A bill to amend an Act providing for the registration of land titles, and for other purposes.
By Mr. Howard of Chattahoochee-
House Bill No. 65. A bill to amend an Act to reorganize and reconstitute the State Highway Department of Georgia, and for other purposes.
612
JouRNAL oF THE HousE,
By Messrs. Maynard of Sumter and King of Clay, Powell and McKoy of Coweta, Chalker of Pulaski, and Arnold of Clark-
House Bill No. 67. A bill to be entitled an :\ct to amend the :\ct approved in 1919, and for other purposes.
By Messrs. Chalker of Pulaski and Culpepper of Fayette-
House Bill No. 68. A bill to fix the venue of all suits at law against the State Highway Department, and for other purposes.
By Mr. Walker of Ben Hill-
House Bill No. 70. A bill to classify and regulate the sale of eggs in this State, and for other purposes.
By Messrs. Eckford and McRae of Fulton-
House Bill No. 77. A bill to amend the Code of 1910, and for other purposes. By ~1essrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 120. A bill to prohibit the night labor of females and minors, and for other purposes.
By Messrs. Eckford and McRae of Fulton-
House Bill No. 141. A bill changing the fiscal year of Fulton County, and for other purposes.
By Messrs. Stanton and Bunn of Ware-
House Bill No. 153. A bill to amend the Constitution by making provision for the payment of pensions, and for other purposes.
By Messrs. Griffin of Oconee and Davis of Mitchell-
House Bill No. 216. A bill to prescribe and make more certain the fees of Clerks and Sheriffs of the Superior Courts of this State, and for other purposes.
FRIDAY, JuLY 17, 1931.
613
By Mr. Tippins of Evans-
House Bill No. 265. A bill to abolish the offices of Tax Receiver and Tax Collector of Evans County, and for other purposes.
By Messrs. Eckford and McRae of Fulton-
House Bill No. 258. A bill to amend the Code so as to provide bail pending appeal from order remanding prisoner in habeas corpus cases.
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 278. A bill to direct the Commissioner of Vehicles of the State of Georgia to enter into agreements with adjoining states providing reciprocity of motor vehicle operators, and for other purposes.
By Mr. Griffin of Decatur-
House Resolution No. 39-291a. A resolution instructing the Printing Committee to make a thorough investigation of the Printing Department, and for other purposes.
By Mr. Dixon of Pierce-
House Bill No. 295. A bill to provide that the alternative four days road law shall not be operative in certain counties, and for other purposes.
By Mr. Morris of Atkinson-
House Bill No. 296. A bill to amend an Act chartering the City of Pearson, and for other purposes.
By Mr. Clark of Catoosa-
House Bill No. 307. A bill regulating the hours of voting in certain counties, and for other purposes.
614
JouRNAL OF THE HousE,
By Mr. Clark of Catoosa-
House Bill No. 308. A bill to increase the number of terms of the Superior Court of Catoosa County, and for other purposes.
By Mr. Hubbard of WilkinsonHouse Bill No. 318. A bill to establish the City Court
of Irwinton, and for other purposes.
By Mr. Hubbard of Wilkinson-
House Bill No. 319. A bill to abolish the County Court of Wilkinson County, and for other purposes.
By Messrs. Harrison of Camden, Thomas of Wayne, and Lewis of Hancock-
House Bill No. 335. A bill to provide for traveling expenses of sheriffs in certain counties, and for other purposes.
By Mr. Purdy of Spalding-
House Bill No. 338. A bill to amend an Act to prohibit the manufacture, sale, and barter of alcoholic liquors, and for other purposes.
By Mr. Cannon of Rockdale and others-
House Bill No. 352. A bill to amend an Act establishing the Georgia Board of Pharmacy, and for other purposes.
By Messrs. Beaman, Leathers, and Lindsay of DeKalb, and Eckford, McRae, and Still of Fulton-
House Bill No. 353. A bill to repeal an Act providing for the duties, rights, and powers of County Boards of Education, and for other purposes.
FRIDAY, JuLY 17, 1931.
615
By Mr. Stewart of Coffee-
House Bill No. 323. A bill to create a Board of Commissioners of Roads and Revenues of Coffee County, and for other purposes.
The following bills of the Senate, favorably reported, were read the second time:
By Messrs. Neisler of the 23rd District, Langford of the 22nd District, and McWhorter of the 50th District-
Senate Bill No. 20. A bill to amend the Constitution relative to the employment of County Agricultural and County Home Economics, and for other purposes.
By Mr. .McKenzie of the 48th District-
Senate Bill No. 6. A bill to 'lmend the Georgia School Code, and for other purposes.
By Mr. Hand of the 8th District-
Senate Bill No. 13. A bill to amend the Code so as to permit the use of peanut products as ingredients of concentrated commercial feeding stuff, and for other purposes.
By unanimous consent, the following bill of the Senate was read the third time and placed upon its passage:
By Mr. Adkins of the 9th District-
Senate Bill No. 24. A bill to be entitled an Act to create a new charter for the City of Edison, and for other purposes.
616
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 111, nays 0.
The bill having received the requisite constitutional majority was passed.
By unanimous consent, the following bill of the House was read the third time and placed upon its passage:
By Mr. Hubbard of Wilkinson-
House Bill No. 320. A bill to be entitled an Act to amend an Act establishing a charter for the City of Gordon, and for other purposes.
The report 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.
By unanimous consent, the following bills and resolution of the Senate were read the first time and referred to the committees:
By Mr. Neill of the 24th District and othersSenate Resolution No. 42. A bill authorizing the Gov-
ernor to appoint a commission known as "Century of Progress Commission," and for other purposes.
Referred to Committee on State of the Republic.
By Mr. Peterson of the 15th DistrictSenate Bill No. 45. A bill to amend an Act relative to
the qualifications for three of the appointees of the State Board of Education, and for other purposes.
Referred to Committee on Education.
FRIDAY, JuLY 17, 1931.
617
By Mr. Watson of the 3rd District-
Senate Bill No. 62. A bill to abolish the Common-Law Rule, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Hand of the 8th District-
Senate Bill No. 73. A bill to abolish the offices of Tax Receiver and Tax Collector of Mitchell County, and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Mr. Hand of the 8th District--
Senate Bill No. 74. A bill to amend an Act establishing the City Court of Pelham, and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Mr. Hand of the 8th District-
Senate Bill No. 76. A bill to amend an Act to establish the City Court of Camilla, and for other purposes.
Referred to Committee on General Judiciary No. 2.
Mr. Irvin of Meriwether asked unanimous consent that House Bill No. 129 be placed on the calendar for the purpose of disagreeing with the unfavorable report of the committee, and the request was granted.
Under the order of unfinished business the following bill of the House was again taken up for consideration:
By Messrs. Huddleston of Meriwether, Crowe of Worth, and others-
House Bill No. 194. A bill to be entitled an Act to simplify the operations of the Executive Branch of the State Government, and for other purposes.
618
JouRNAL OF THE HousE,
ARTICLE 3.
Section 14. A motion for the previous question on Article 3, all sections and amendments thereto was pending when the House adjourned on yesterday.
Mr. Rosser of Walker asked unanimous consent that he be permitted to withdraw the motion for the previous quest10n.
The request was granted.
Mr. Lance of Hall moved the previous question on this article, all sections and amendments thereto.
Mr. Allen of Baldwin moved that this House do now adjourn.
Mr. Rosser of Walker moved the ayes and nays on the motion to adjourn, and the call was not sustained.
Mr. Allen of Baldwin asked unanimous consent that he be allowed to withdraw his motion to adjourn.
There was objection.
The motion to adjourn was lost.
The motion for the previous question prevailed.
The main question was ordered.
Under the ruling of the Speaker, the following amendments were read and adopted:
Mr. Davis of Mitchell moves to amend House Bill No. 194, as follows:
Moves to :1mend Section 14 of House Bill No. 194 by striking all words in the last or seventh line thereof, to-wit: "Concurrent with that of Governor making the appointment." And substituting therefor the words "of four years."
Mr. Davis of Mitchell moves to amend House Bill No. 194, as follows:
FRIDAY, JuLY 17, 1931.
619
Amends Section 15 of House Bill No. 194, as follows:
By adding in the first line of Section 15 between the word "shall" and word "receive" the following words: "be a graduate physician authorized to practice medicine and surgery in this State and who shall have had not less than five years experience in the practice of said profession, and shall."
Messrs. Grayson, Alexander, and Myrick of Chatham move to amend Section 14 of Article 3 of House Bill No. 194 by adding at the end thereof the following: "and provided further that said director shall be appointed from a list of Medical Doctors submitted to the Governor by the Georgia Medical Society containing not less than five names or from the qualified list of Public Health Officers of the Bureau of the Public Health Service of the United States at Washington, D. C."
Under the ruling of the Speaker, the following amendment was read:
Messrs. Lindsay of DeKalb, Hyman of Washington, and Lanham of Floyd, offer to amend House Bill No. 194 by striking all of Article 3 of said bill and inserting in lieu thereof, the following:
ARTICLE III
STATE BoARD oF HEALTH.
Section 14. The State Board of Health as now fixed by law, is hereby continued in force and effect, except that the Governor of the State of Georgia shall be, and he is hereby made ex-officio a member of sa~d board; and by renumbering properly the succeeding sections of said bill.
Mr. Lanier of Richmond moved the ayes and nays on the adoption of this amendment, and the call was sustained.
620
JouRNAL OF THE HousE,
Mr. Lindsay of DeKalb moved that the House reconsider its action in ordering the main question.
The motion was lost.
Mr. Stanton of \Vare asked unanimous consent that the three-minutes allowed each member to explain his vote be dispensed with.
There was objection.
The rqll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Almand Andrews Arrington Bunn Burton Cain Clark Clements of Telfair Courson Cowart Crawford Cullens Davis of Troup Dorsett Dykes Eckford Edwards of Stephens Evans Franklin Fraser Freeman Gary Green Greer Hampton Harrison of Camden
Harrison of Jenkins Morris
Hawes
Moye
Hodges
Park
Hubbard of Habersham Peebles
Hyman
Phillips
Irvin
Pittard
Johnson of Montgomery Preston
Johnson of Pike
Purvis
Johnson of Seminole Rivers
Jones of Burke
Sammon
Jones of Lumpkin
Seckinger
Key
Sharpe
King of Clay
Shirley
King of Newton
Sisk
Lanham
Skelton
Lanier
Stanton
Leathers
Still
Lester
Sutton
Lewis of Gordon
Taylor
Lewis of Hancock
Thomas
Lindsay
Townsend
Logan
Walker of Morgan
McElreath
Weeks
McLeod
Westbrook
McRae
Wilson
Mallard
Those voting in the negative were Messrs.:
Adams Allen Arnold
Atwood Awtrey Bargeron
Battle Beaman Bennett of Bacon
FRIDAY, JuLY 17, 1931.
G21
Bennett of Jeff Davis Gillen
Nelson of Laurens
Bland
Graham
Oliver
Brannen
Griffeth
Osteen
Brown
Griffin of Wilkes
Pace
Brunson
Gullatt
Parham
Cannon
Hardin
Patten
Carlisle of Bibb
Harris
Powell
Carlisle of Grady
Hatcher
Purdy
Cartledge
Horne
Roberts
Chalker
Howard of Chatt'h'chee Robertson
Chambers
Hubbard of Wilkinson Ross of Appling
Childs
Huddleston
Scarbrough
Clements of Marion Johnston
Si=ons
Cochran
Jones of Paulding
Stewart
Collier
Kennedy
Strickland of Douglas
Colson
Kimsey
Strickland of Haralson
Cozart
Lance
Swain
Crowe
Lord
Thomason
Davis of Floyd
McGehee
Trapnell
Davis of Jackson
McKoy
Trotter
Davis of Mitchell
McWhorter
Waldrop
Dixon
Mardre
Walker of Ben Hill
Donaldson
Mattox
Walker of Brooks
Duncan
Meredith
Walker of Screven
Edwards of Lowndes Mixon
Whittle
Elliott
Mooty
Wood
Fagan
Nelson of Cook
Yawn
Those not voting were Messrs.:
Alexander Ashley Barrett Bean Beasley Bush Culpepper of Echols Culpepper of Fayette Edmondson Edwards of Gilmer Grayson Griffin of Decatur Holt Howard of Long
Hutcheson James Killebrew Kimbrough Maynard Mercer Montgomery Mundy Musgrove Myrick Paulk Pope Rabun
Ross of Dodge Rosser Sims Spivey Stone Tate Thompson Tippins Turner Wall Wilkes Wllliams Mr. Speaker
On the adoption of the amendment, the ayes were 77, nays 90, and the amendment was lost.
622
JouRNAL OF THE HousE,
Mr. Howarcl of Chattahoochee moved that Article 3 including Sections 14 and 15 as amended, and Sections 16, 17, and 18 be adopted.
Mr. Mooty of Troup asked unanimous consent that Article 3 as amended be adopted.
There was objection.
Mr. Lindsay of DeKalb moved the ayes and nays on the motion to adopt Article 3 as amended and the call was not sustained.
The motion to adopt Article 3 as amended prevailed.
Mr. Lindsay of DeKalb gave notice that at the proper time he would move that the House reconsider its action in failing to adopt the amendment to House Bill No. 194 offered by Messrs. Lindsay of DeKalb, Hyman of \Vashington, and Lanham of Floyd.
Mr. Kennedy of Lamar moved that the House do now adjourn.
The motion prevailed.
The privileges of the floor were granted to the following: Hon. Reuben Burnside, Hon. A. B. Brown, and Hon. Claude Bond.
Leave of absence was granted to Messrs. Culpepper of Echols, Graham of Laurens, Hyman of Washington, Holt of Gwinnett, Turner of Brooks, Pope of Toombs, Mattox of Colquitt, and Cowart of Calhoun.
The Speaker announced the House adjourned until Monday morning, at 11:00 o'clock.
MoNDAY, JuLY 20, 1931.
623
REPRESENTATIVE HALL, ATLANTA, GA.,
MoNDAY, JuLY 20, 1931.
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
Chambers
Alexander
Childs
Allen
Clark
Almand
Clements of Marion
Andrews
Clements of Telfair
Arnold
Cochran
Arrington
Collier
Ashley
Colson
Atwood
Courson
Awtrey
Cowart
Bargeron
Cozart
Barrett
Crawford
Battle
Crowe
Beaman
Cullens
Bean
Culpepper of Echols
Beasley
Culpepper of Fayette
Bennett of Bacon
Davis of Floyd
Bennett of Jeff Davis Davis of Jackson
Bland
Davis of Mitchell
Brannen
Davis of Troup
Brown
Dixon
Brunson
Donaldson
Bunn
Dorsett
Burton
Duncan
Bush
Dykes
Cain
Eckford
Cannon
Edmondson
Carlisle of Bibb
Edwards of Gilmer
Carlisle of Grady
Edwards of Stephens
Cartledge
Elliott
Chalker
Evans
Fagan Franklin Fraser Freeman Gary
Gillen Graham Grayson Green Greer Griffeth Griffin of Decatur Griffin of Wilkes Gullatt Hampton Hardin Harris Harrison of Camden Harrison of Jenkins Hatcher Hawes Hodges Holt Horne Howard of Chatt'h'chee Howard of Long Hubbard of Habersham Hubbard of Wilkinson Huddleston Hutcheson Hyman
G21
JouRNAL OF THE HousE,
Irvin
Montgomery
James
Mooty
Johnson of Montgomery Morris
Johnson of Pike
Moye
Johnson of Seminole Mundy
Johnston
Musgrove
Jones of Burke
MYtick
Jones of Lumpkin
Nelson of Cook
Jones of Paulding
Nelson of Laurens
Kennedy
Oliver
Key
Osteen
Killebrew
Pace
Kimbrough
Parham
Kimsey
Park
King of Clay
Patten
King of Newton
Paulk
Lance
Peebles
Lanham
Phillips
Lanier
Pittard
Leathers
Pope
Lester
Powell
Lewis of Gordon
Preston
Lewis of Hancock
Purdy
Lindsay
Purvis
Logan
Rabun
Lord
Rivers
McElreath
Roberts
McGehee
Robertson
McKoy
Ross of Appling
McLeod
Ross of Dodge
McRae
Rosser
McWhorter
Sammon
Mallard
Scarbrough
Mardre
Seckinger
Mattox
Sharpe
Mercer
Shirley
Meredith
Simmons
Mixon
Sims Sisk Skelton Spivey Stanton Stewart Still Stone Strickland of Douglas Strickland of Haralson Sutton Swain Tate Taylor Thomas Thomason Thompson Tippins Townsend Trapnell Trotter Turner Waldrop Walker of Ben Hill Walker of Brooks Walker of Morgan Walker of Screven Wall Weeks Westbrook Whittle Wilkes Williams Wilson Wood Yawn Mr. Speaker
Mr. Hardin of Whitfield, 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.
MoNDAY, JuLY 20, 1931.
625
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.
5. First reading of Senate bills and resolutions.
Mr. Nelson of Cook moved that when the House adjourn this morning, it stand adjourned until this afternoon at 2:30 o'clock.
Mr. Stanton of Ware moved that when the House adjourn this morning, it stand adjourned until this afternoon at 3:00 o'clock, and the motion prevailed.
Mr. Carlisle of Bibb asked unanimous consent that Senate Bill No. 31 be withdrawn from the Committee on General Judiciary No. 1 and recommitted to the Committee on General Judiciary No.2, and the request was granted.
The following resolution of tjle House was read and adopted:
By Messrs. Tucker of Berrien, Nelson of Cook, Ashley of Lowndes, and others-
House Resolution No. 59. A resolution wishing for Hon. H. B. Edwards, Representative from Lowndes, a speedy recovery from his recent illness, providing that a copy of the resolution be sent Mr. Edwards, and for other purposes.
626
JouRNAL OF THE HousE,
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requlSlte constitutional majority the following bills of the House, to-wit:
By Mr. Purdy of Spalding-
House Bill No. 95. A bill to be entitled an Act to amend the charter of the City of Griffin, and for other purposes.
By Messrs. Musgrove of Clinch and Culpepper of Echols-
Hause Bill No. 104. A bill to be entitled an Act to prohibit fishing except in certain ways in Clinch and Echols Counties, and for other purposes.
By Mr. Beasley ofTattnall-
House Bill No. 107. A bill to be entitled an Act.,.to amend an Act to incorporate the City of Cobbtown, and for other purposes.
By Mr. Davis of Troup-
House Bill No. 114. A bill to be entitled an Act to amend the charter of the City of Hogansville, and for other purposes.
By Messrs. Battle, Meredith, and Roberts of Muscogee-
House Bill No. 171. A bill to be entitled an Act to amend an Act creating a new charter for the City of Columbus, and for other purposes.
By Mr. Williams of Emanuel-
House Bill No. 211. A bill to be entitled an Act to amend the charter of the City of Swainsboro, ~nd for other purposes.
MoNDAY, JuLY 20, 1931.
627
The Senate has also passed by the requisite constitutional majority the following resolution of the House, to-wit:
By Messrs. Beasley of Tattnall and Meredith of Muscogee-
House Resolution No. 48. A resolution that a committee of three from the House and two from the Senate be appointed by the respective presiding officers of the said bodies to confer with the State Highway Board with a view to preparing an amendment to the Neill-Traylor Highway Act of 1929.
The President has appointed as a committee on the part of the Senate, Messrs. West of the 11th District and Hand of the 8th District.
Mr. Hubbard of Wilkinson, Chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker:
Your Committee on Enrollment has examined, found properly enrolled, signed, and ready for delivery to the Governor, the following Acts, to-wit:
House Bill No. 131. An Act to repeal an Act creating a Board of Commissioners of Roads and Revenues for the County of Clinch.
House Bill No. 132. An Act to create a Board of Commissioners of Roads and Revenues for Clinch County.
Respectfully submitted,
HuBBARD of Wilkinson,
Chairman.
By unanimous consent, the following bills of the House were introduced, read the first time, and referred to the committees:
628
JouRNAL OF THE HousE,
By Mr. Osteen of Bryan-
House Bill No. 380. A bill to amend an Act incorporating the City of Pembroke, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Waldrop of Union-
House Bill No. 381. A bill to amend the Constitution relative to the date of marriage of widows of Confederate veterans, and for other purposes.
Referred to Committee on Amendments to the Constitution.
By Mr. Simmons of DecaturHouse Bill No. 382. A bill to amend an Act establishing
the City Court of Bainbridge, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Griffin and Simmons of Decatur-
House Bill No. 383. A bill to amend an Act relative to the salary of the Treasurer of Decatur County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Griffin and Simmons of Decatur-
House Bill No. 384. A bill to abolish the offices cf Tax Receiver and Tax Collector of Decatur County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 385. A bill to amend an Act making tax collectors in certain counties ex-officio sheriffs, and for other purposes.
Referred to Committee on General Judiciary No. 1.
MoNDAY, JuLY 20, 1931.
629
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 386. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Richmond County, and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 387. A bill to amend an Act making bailiffs probation officers in certain counties, and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 388. A bill to amend the Constitution so as to authorize Richmond County or the City of Augusta to make temporary loans, and for other purposes.
Referred to Committee on Amendments to the Constitution.
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 389. A bill to protect hospitals, infirmaries and sanitariums from imposters, and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 390. A bill to amend an Act authorizing the City Council of Augusta to fix the salary of the Mayor of said City, and for other purposes.
Referred to Committee on Municipal Government.
630
JouRNAL OF THE HousE,
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 391. A bill to amend the Code regulating the payment of funeral expenses, and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 392. A bill to repeal an Act amending the charter of the City of Augusta, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Mooty ofTroup-
House Bill No. 393. A bill to repeal an Act relative to the compensation and expenses of Superintendent of Schools, and for other purposes.
Referred to Committee on Education.
By Messrs. Davis and Mooty of Troup-
House Bill No. 394. A bill to enable the City of LaGrange to increase its bonded indebtedness for certain purposes, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Leathers and Lindsay of DeKalb-
House Bill No. 395. A bill empowering certain municipalicies to pass ordinances requiring street car companies to have both a motorman and a conductor thereon, and for other purposes.
Referred to Committee on Railroads.
By unanimous consent, 1.he following bills of the House were read the third time and placed upon their passage:
MoNDAY, JuLY 20, 1931.
();) 1
By Mr. Tippins of Evans-
House Bill No. 265. A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Ccllector of Evans County, and for other purposes.
The report of the committee,. which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Dixon of PierceHouse Bill No. 295. A bill to be entitled an Act to pro-
vide that the alternative four days road law shall not be operative in certain counties, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Morris of Atkinson-
House Bill No. 296. A bill to be entitled an Act to amend an Act chartering the City of Pearson, and for other purposes.
The report 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.
By Mr. Clark of CatoosaHouse Bill No. 307. A bill to be entitled an Act to reg-
632
JouRNAL OF THE HousE,
ulate the hours of voting in certain counties, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Clark of Catc;>osa-
House Bill No. 308. A bill to increase the number of terms of the Superior Court of Catoosa County, and for oth.er purposes.
The report 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 Mr. Hubbard of Wilkinson-
House Bill No. 318. A bill to be entitled an Act to establish the City Court of Irwinton, and for other purposes.
The report 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 Mr. Hubbard of Wilkinson-
House Bill No. 319. A bill to be entitled an Act to abolish the County Court of Wilkinson County, and for other purposes.
MoNDAY, JuLY 20, 1931.
633
The report 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 unanimous consent, the following r.:solution of the Senate was r.:ad the fir.st tim.: and referred to the committee:
By Mr. McWhorter of the 50th District-
Senate Resolution No. 20. :\ resolution giving assent of the State of Georgia to an .-\.ct of Congress providing for cooperative extension work, and for other purposes.
Referred to the Committee on General:\griculture No. 1.
Under the order of unfinished business, the following bill of the House was again taken up for consideration:
By Messrs. Huddleston of Meriwether, Crowe of Worth, and others-
House Bill No. 194. A bill to be entitled an Act to simplify the cperations of the Executive Branch of the State Government, and for other purposes.
ARTICLE 4 Section 19. This section was read and adopted. Section 20. This section was read and adopted. Section 21. The following amendmenc was read and adopted:
Mr. Davis of Mitchell mJVes to amend House Bill No. 194 as follows: Amend Section 21 of Article 4 of House Bill No. 194 hy adding at the end of said section the following: Provided that said tw::> assistant directors shall receive the same salary during the period of their present terms of office, respectively, as each of them is now receiving.
Section 21 was adopted as amended. Section 22. This section was read and adopted. Section 23. This section was read and adopted. Section 24. This section was read and adopted. Section 25. The following amendment to Section 25 was read and adopted:
631
JouRNAL oF THE HousE,
Mr. Davis of Mitchell moves to amend House Bill No. 194 as follows: Amend Section 25 of Article 4 of House Bill No. 194 by striking the period at the end of said section and substituting a comma therefor, and adding at the end of said section the following, to-wit: "except and as hereinbefore in this article provided."
Section 25 was adopted as amended.
Article 4 was adopted as amended.
ARTICLE 5
Section 26. This section was read and adopted.
Section 27. The following amendment to Section 27 was read and adopted:
Mr. Culpepper of Fayette amends Article 5 of House Bill No. 194 by striking from the end of Section 27 the word "Ex-Officio," and adding between the words "shall be" and the word "A" in line 3 of said section the words "Ex-Officio."
Section 27 was adopted as amended.
Section 28. This section was read and adopted.
Section 29. This section was read and adopted.
Section 30. The following amendments to Section 30 were read and adopted:
Mr. Lindsay of DeKalb amends Seccion 30 by adding at the end thereof the following words: "Such salary shall not exceed $5,00l'.OO per annum."
Mr. Davis of Mitchell moves to amend House Bill No. 194 as follows:
Amend Section 30 of Article 5 of House Bill No. 194 by striking period at end of said section and substituting comma therefor and by adding at end of said section the following clause: "And said Secretary shall give bond for
MoNDAY, JuLY 20, 1931.
635
the faithful performance of his duties and the faithful accounting for all monies coming into his hands as such Secretary in such amount and under such terms and conditions as may be prescribed by said Board of Control."
Section 30 was adcpt~d as amended.
Section 31. This section was read and adopted.
Section 32. This section was read and adopted.
Section 33. The following amendment to Section 33 was read and adopted:
Mr. Davis of Mitchell moves to amend House Bill No. 194 as follows: Amend Section 33 of House Bill No. 194 by inserting in the fourth line thereof between the word "Board" and word "his" the words: "Without valid excuse or leave of absence from said Board or the Chairman or the Vice-Chairman thereof."
Section 33 was adopted as amended.
Mr. Key of Jasper gave notice that at the proper time he would move that the House reconsider its action in failing to adopt the amendment introduced by him.
Section 34. This section was read and adopced.
Mr. McGehee of Talbot moved that this House do now adjourn. The motion prevailed.
Privilege!' of the floor were granted to Hon. George Goode, Mr. Henry T. Sewell, Hon. Frank Bross, and Hon. D. T. Thornton.
The Speaker announced the House adjourned until this afternoon, at 3:00 o'clock.
G3G
JouRNAL OF THE HousE,
AFTERNOON SESSION,
3:00 o'clock, P. M.
The House met again at this hour and was called to order
by the Speaker.
The roll was called and the following members answered to their names:
Adams Alexander Allen Almand Andrews Arnold Arrington Ashley Atwood Awtrey Bargeron Barrett Battle Beaman Bean Beasley Bennett of Bacon Bennett of Jeff Davis Bland Brannen Brown Brunson Bunn Burton Bush Cain Cannon Carlisle of Bibb Carlisle of Grady Cartledge Chalker Chambers Childs Clark Clements of Marion
Clements of Telfair Cochran Collier Colson Courson Cowart Cozart Crawford Crowe Cullens Culpepper of Echols Culpepper of Fayette Davis of Floyd Davis of Jackson Davis of Mitchell Davis of Troup Dixon Donaldson Dorsett Duncan Dykes Eckford Edmondson Edwards of Gilmer Edwards of Lowndes Edwards of Stephens Elliott Evans Fagan Franklin Fraser Freeman Gary Gillen Graham
Grayson Green Greer Griffeth Griffin of Decatur Griffin of Wilkes Gullatt Hampton Hardin Harris Harrison of Camden Harrison of Jenkins Hatcher Hawes Hodges Holt Horne Howard of Chatt'h'chee Howard of Long Hubbard of Habersham Hubbard of Wilkinson Huddleston Hutcheson Hyman Irvin James Johnson of Montgomery Johnson of Pike Johnson of Seminole Johnston Jones of Burke Jones of Lumpkin Jones of Paulding Kennedy Key
MoNDAY, JuLY 20, 1931.
637
Killebrew Kimbrough Kimsey King of Clay King of Newton Lance Lanham Lanier Leathers Lester Lewis of Gordon Lewis of Hancock Lindsay Logan Lord McElreath McGehee McKoy McLeod McRae McWhorter Mallard Mardre Mattox Mercer Meredith Mixon Montgomery Mooty Morris Moye Mundy Musgrove Myrick
Nelson of Cook Nelson of Laurens Oliver Osteen Pace Parham Park Patten Paulk Peebles Phillips Pittard Pope Powell Preston Purdy Purvis Rabun Rivers Roberts Robertson Ross of Appling Ross of Dodge Rosser Sa=on Scarbrough Seckinger Sharpe Shirley Simmons Sims Sisk Skelton Spivey
Stanton Stewart Still Stone Strickland of Douglas Strickland of Haralson Sutton Swain Tate Taylor Thomas Thomoson Thompson Tippins Townsend Trapnell Trotter Turner Waldrop Walker of Ben Hill Walker of Brooks Walker of Morgan Walker of Screven Wall Weeks Westbrook Whittle Wilkes Williams Wilson Wood Yawn Mr. Speaker
Under the order of unfinished business, the following bill of the House was again taken up for consideration:
By Messrs. Huddleston of Meriwether, Crowe of Worth, and others-
House Bill No. 194. A bill to be entitled an Act to simplify the operations of the Executive Branch of the State Government, and for other purposes.
638
JouRNAL OF THE HousE,
ART{CLE 5
Section 35. The following amendments to Section 35 were read and adopted:
Mr. Davis of Mitchell moves to amend House Bill No. 194 as follows:
Moves to amend Section 35 of Article 5 by adding between the word "and" and the word "mileage" in the third line of said section the words "shall receive."
Mr. Davis of Mitchell moves to amend Section 35 of Article 5 of House Bill No. 194 by striking the words "And actual fare" in the third and fourth lines of said section.
Messrs. Lanier, Lester, and Cartledge of Richmond move to amend Section 35 by amending after the last word of said section, to-wit: That no member of said board shall directly or indirectly sell to or buy from any institution under its control or supervision.
Section 35 was adopted as amended.
Section 36. This section was read and adopted.
Section 37. This section was read and adopted.
Section 38. This section was read and adopted.
Section 39. This section was read and adopted.
Section 40. This section was read and adopted.
Section 41. This section was read and adopted.
Section 42. This section was read and adopted.
Section 43. The following amendment to Section 43 was read and adopted:
Mr. Huddleston of Meriwether moves to amend Article 5, Section 43, line 3 of the printed bill by striking therefrom the word "Sanitarium" and substituting therefor the words "Tuberculosis Sanatorium at Alto."
MoNDAY, JuLY 20, 1931.
639
Section 43 was adopted as amended.
Section 44. The following amendment to Section 44 was read and adopted:
Mr. Davis of Mitchell moves to amend Section 44 of Article 5 of House Bill No. 194 as follows: By adding at the end of said section and to become a part thereof the following sentence, to-wit: All said sums to be paid to said board shall be paid by the Treasurer of the State to such official of said board as may be designated by said board, for the use of said board under law, which said official shall give good and solvent bond in a surety company qualified to do business in this State payable to the Governor of this State, conditioned for the faithful performance of his duties and faithful accounting for all funds in anywise coming into his hands for the use and/or benefit of said board.
Section 44 was adopted as amended.
Section 44A. The following amendments to this section were read and adopted:
Mr. Culpepper of Fayette moves to amend Article 5 of House Bill No. 194 by striking therefrom Section 44A in its entirety.
Messrs. Sisk of Elbert, Still of Fulton, Hubbard of Habersham, Lester and Lanier of Richmond, Davis, Crawford, and Lanham of Floyd, and Battle of Muscogee move to amend House Bill No. 194, known as the Reorganization Bill, as follows, to-wit: By adding a new section to be known as Section 44A, and reading as follows:
"Section 44A. The Board of Public Welfare created under and by virtue of a certain Act approved August 18, 1919 (Acts 1919 pp. 222-228) is hereby abolished and all the powers, duties, and functions of said board are hereby transferred to and vested in said Board of Control of Eleemosynary Institutions."
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JouRNAL oF THE HousE,
Section 44A was adopted as amended. Article 5 was adopted as amended.
ARTICLE 6
Section 45. This section was read and adopted.
Section 46. This section was read and adopted.
Section 47. The following amendments to Section 47 were read and adopted:
Mr. Huddleston of Meriwether moves to amend House Bill No. 194, Article 6, Section 47, line 21 of the printed bill by striking the word "middle" and inserting in lieu thereof the word "north."
Mr. Colson of Glynn moves to amend House Bill No. 194, Article 6, Section 47, by adding at the end of said section the following: (y) The Georgia State College for Women at :Milledgeville.
Section 47 was adopted as amended.
Section 48. This section was read and adopted.
Mr. Nelson of Cook moved that when the House adjourn, it stand adjourned until 9:00 o'clock tomorrow morning. The motion prevailed.
Mr. Lindsay of DeKalb moved that the House do now adjourn. The motion prevailed.
Under House Resolution No. 48 the Speaker appointed the following members of the House to act as a committee on the part of the House:
Messrs. Meredith of Muscogee, Beasley of Tattnall, Johnson of Seminole.
The Speaker announced the House adjourned until tomorrow morning, at 9:00 o'clock.
TuEsDAY, JuLY 21, 1931.
641
REPRESENTATIVE HALL, ATLANTA, GA.,
TuESDAY, JuLY 21, 1931.
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 Allen Almand Andrews Arnold Arrington Ashley Atwood Awtrey Bargeron Barrett Battle Beaman Bean Beasley Bennett of Bacon Bennett of Jeff Davis Bland Brannen Brown Brunson Bunn Burton Bush Cain Cannon Carlisle of Bibb Carlisle of Grady Cartledge Chalker
Chambers Childs Clark Clements of Marion Clements of Telfair Cochran Collier Colson Courson Cowart Cozart Crawford Crowe Cullens Culpepper of Echols Culpepper of Fayette Davis of Floyd Davis of Jackson Davis of Mitchell Davis of Troup Dixon Donaldson Dorsett Duncan Dykes Eckford Edmondson Edwards of Gilmer Edwards of Lowndes Edwards of Stephens Elliott
Evans Fagan Franklin Fraser Freeman Gary Gillen Graham Grayson Green Greer Griffeth Griffin of Decatur Griffin of Wilkes Gullatt Hampton Hardin Harris Harrison of Camden Harrison of Jenkins Hatcher Hawes Hodges Holt Horne Howard of Chatt'h'chee Howard of Long Hubbard of Habersham Hubbard of Wilkinson Huddleston Hutcheson
G42
JouRNAL OF THE HousE,
Hyman
Meredith
Irvin
Mixon
James
Montgomery
Johnson of Montgomery Mooty
Johnson of Pike
Morris
Johnson of Seminole Moye
Johnston
Mundy
Jones of Burke
Musgrove
Jones of Lumpkin
Myrick
Jones of Paulding
Nelson of Cook
Kennedy
Nelson of Laurens
Key
Oliver
Killebrew
Osteen
Kimbrough
Pace
Kimsey
Parham
King of Clay
Park
King of Newton
Patten
Lance
Paulk
Lanham
Peebles
Lanier
Phillips
Leathers
Pittard
Lester
Pope
Lewis of Gordon
Powell
Lewis of Hancock
Preston
Lindsay
Purdy
Logan
Purvis
Lord
Rabun
McElreath
Rivers
McGehee
Roberts
McKoy
Robertson
McLeod
Ross of Appling
McRae
Ross of Dodge
McWhorter
Rosser
Mallard
Sammon
Mardre
Scarbrough
Mattox
Seckinger
Maynard
Sharpe
Mercer
Shirley
Simmons Sims Sisk Skelton Spivey Stanton Stewart Still Stone Strickland of Douglas Strickland of Haralson Sutton Swain Tate Taylor Thomas Thomason Thompson Tippins Townsend Trapnell Trotter Turner Waldrop Walker of Ben Hill Walker of Brooks Walker of Morgan Walker of Screven Wall Weeks Westbrook Whittle Wilkes Williams Wilson Wood Yawn Mr. Speaker
Mr. Hardin of Whitfield, 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, JuLY 21, 1931.
The Journal was confirmed.
By unanimous consent, the followi~g was established as the order of business during the first part of the period ofUnanimous 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. 5. First reading of Senate bills and resolutions.
Mr. Davis of Mitchell asked unanimous consent that the Committee on Ways and Means be allowed to use the Hall of the House for a public hearing this afternoon.
The request was granted.
By unanimous consent, the following bills and resolutions of the House were introduced, read the first time, and referred to the committees:
By Mr. Gullatt of CampbellHouse Bill No. 396. A bill to amend an Act creating
a new charter for the Town of Palmetto, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Griffin and Cozart of Wilkes-
House Bill No. 397. A bill to amend the Code so as to provide that county taxes may be levied for the maintenance of any hospital, laboratory, and for other purposes.
Referred to Committee on Special Judiciary.
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JouRNAL OF THE HousE,
By Messrs. Griffin and Cozart of Wilkes-
House Bill No. 398. A bill to amend the Constitution so as to provide that the General Assembly shall not delegate to any county the right to levy taxes except for the purposes therein specified, and for other purposes.
Referred to Committee on Amendments to the Constitution.
By Mr. Gillen of Bibb-
House Bill No. 399. A bill to permit the illuminating of Highways in aid of Aviation by the counties and State Highway Department, and for other purposes.
Referred to Committee on Public Highways.
By Mr. Stone of EarlyHouse Bill No. 400. A bill to provide for a tax on soft
drinks, and for other purposes.
Referred to Committee on Ways and Means.
By Mr. Kimsey of RabunHouse Bill No. 401. A bill to amend the charter of the
Town of Dillard, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Strickland of Haralson-
House Bill No. 402. A bill to require the fiscal authorities to make annual audits of each county office, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Bush of MillerHouse Bill No. 403. A bill to amend an Act incorporat-
ing the City of Colquitt, and for other purposes.
Referred to Committee on Municipal Government.
TuEsDAY, JuLY 21, 1931.
64:>
By Mr. Thomas of Wayne-
House Bill No. 404. A bill to amend an Act establishing a City Court of Jesup, and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Arnold and Wood of Clarke, Hawes and Sisk of Elbert, and others-
House Bill No. 405. A bill to provide a fund for disabled and retired firemen, and for other purposes.
Referred to Committee on Insurance.
By Messrs. Arnold and Wood of Clarke-
House Bill No. 406. A bill to amend an Act chartering the City of Athens, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Adams of Towns-
House Resolution No. 60-405a. A resolution to refund fee deposited under Motor Carriers' Act of 1929, and for other purposes.
Referred to Committee on Public Highways.
By Messrs. Cartledge and Lanier of Richmond-
House Resolution No. 61-405b. A resolution to help the employment condition in Georgia, and for other purposes.
Referred to Committee on Public Highways.
Mr. Johnson of Seminole County, Chairman of the Committee on Agriculture No. 1, submitted the following report:
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JouRNAL OF THE HousE,
Mr. Speaker:
Your Committee on Agriculture No. 1 has had under consideration the following resolution of the Senate and has instructed me, as chairman, to report the same back to the House with the recommendation that:
Senate Resolution No. 20 do pass.
Respectfully submitted,
JOHNSON of Seminole,
Chairman.
Mr. Hubbard of Wilkinson, Chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker:
Your Committee on Enroliment has examined, found properly enrolled, signed, and ready for delivery to the Governor, the following Acts, to-wit:
House Bill No. 4. An Act to abolish the City Court of Nashville.
House Bill No. 3. An Act to abolish the office of Tax Receiver and Tax Collector of Berrien County.
House Bill No. 23. An Act to amend an Act creatmg the City Court of Polk County.
House Bill No. 24. An Act to amend an Act creating the City Court of Polk County.
House Bill No. 56. An Act to exempt $15.00 per week out of pension money exempt from garnishment.
House Bill No. 58. An Act to regulate writs of certiorari.
House Bill No. 59. An Act to amend an Act to change from the fee system to the salary system in certain counties of the State.
TuEsDAY, JuLY 21, 1931.
647
House Bill No. 71. An Act to repeal an Act to establish the City Court of Conyers.
House Bill No. 73. An Act to repeal an Act to create a Board of Commissioners of Roads and Revenues for the County ofAtkinson.
House Bill No. 75. An Act to create the office of Commissioner of Roads and Revenues for the County of Atkinson.
House Bill No. 85. An Act to amend an Act relative to incorporating the Town of Att1.pulgus.
House Bill No. 95. An Act to amend the charter of the City of Griffin.
House Bill No. 104. An Act to regulate fishing in Clinch and Echols Counties.
House Bill No. 106. An Act to amend an Act providing for a new charter for the City of Cordele.
House Bill No. 107. An Act to amend an Act creating the City Charter of Cobbtown.
House Bill No. 114. An Act to amend the charter of the City of Hogansville.
House Bill No. 125. An Act to amend the charter of the City of White Plains.
House Bill No. 134. An Act to abolish the office of Tax Receiver and Tax Collector in Clinch County.
House Bill No. 161. An Act to change the time of holding the Superior Court in Quitman County.
House Bill No. 171. An Act to amend an Act creating a charter for the City of Columbus.
House Bill No. 209. An Act to abolish the offices of Tax Receiver and Tax Collector in the County of Pierce.
House Bill No. 210. An Act to amend the Act incorporating the City of Cartersville.
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JouRNAL oF THE HousE,
House Bill No. 211. An Act to amend the charter of the City of Swainsboro.
Respectfully submitted, HuBBARD of Wilkinson, Chairman.
Mr. Thomas of Wayne County, Chairman of the Committee on Legislative and Congressional Reapportionment, submitted the following report:
Mr. Speaker:
Your Committee on Legislative and Congressional Reapportionment 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:
House Bill No. 15 do pass by committee substitute.
House Bill No. 126 do not pass.
House Bill No. 166 do not pass.
House Bill No. 222 do not pass.
Respectfully submitted,
THOMAS of Wayne,
Chairman.
Mr. Collier of Madison County, Chairman of the Committee on State of the Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of the Republic has had under consideration the following bill and resolutions of the House and Senate and has instructed me, as chairman,
TuEsDAY, JuLY 21, 1931.
649
to report the same back to the House with the recommendation that:
House Bill No. 337 do not pass. Senate Resolution No. 16 do pass. House Resolution No. 46 do pass.
Respectfully submitted, CoLLIER of Madison, Chairman.
By unanimous consent, the following bill and resolution of the House, favorably reported, were read the second time:
By Messrs. Alexander, Grayson, and Myrick of Chatham-
House Bill No. 15. A bill to divide the State into ten Congressional Districts, and for other purposes.
By Messrs. Eckford and Still of Fulton-
House Resolution No. 46-310b. A resolution to refund to lumber dealers money paid by mistake of law as occupational taxes, and for other purposes.
By unanimous consent, the following resolution of the Senate, favorably reported, was read the second time:
By Mr. McWhorter of the 50th District-
Senate Resolution No. 20. A resolution g1vmg assent of the State of Georgia to an Act of Congress for cooperative agricultural extension work, and for other purposes.
By Mr. Neisler of the 23rd District-
Senate Resolution No. 16. A resolution to relieve D. Coolik as surety.
650
JouRNAL OF THE HousE,
Under the order of unfinished business, the following bill of the House was again taken up for consideration:
By Messrs. Huddleston of Meriwether, Crowe of Worth, and others-
House Bill No. 194. A bill to be entitled an Act to simplify the operations of the Executive Branch of the State Government, and for other purposes.
ARTICLE 6
Section 49. The following amendment to Section 49 was read and adopted:
Mr. Davis of Mitchell moves to amend Section 49 of Article 6 of House Bill No. 194 by adding at the end of said section the following:
Provided, that any trust fund or property real, personal or mixed, that may have been heretofore created by will or otherwise as a fund or gift or donation or devise to any Board of Trustees of any of the institutions hereinbefc re mentioned or to any executor or trustee to and for the use, benefit or behoof of any such institution shall not lapse by virtue of any of the provisions of this Act, but the same shall reri1ain valid and of full force and effect, and such beneficial interest under any such deed of gift or will or other conveyance shall vest in said Board of Regents as Trustee to and for the use, benefit and behoof of the institution intended to be benefited by said gift, devise or other conveyance in its favor, said Board of Regents in any case when provisions of any deed of gift, or will or other conveyance hereinbefore referred to require a trustee, and no trustee shall in any contingency exist, said Board of Regents shall be and become a substituted trustee to carry out the beneficial purposes of said gift, devise or conveyance.
Section 49 was adopted as amended.
TuEsDAY, JuLY 21, 1931.
651
Section 50. The following amendments to Section 50 were read and adopted:
Mr. Davis of Mitchell and Rivers of Wheeler move to amend House Bill No. 194, as follows:
By adding at the end of Section 50 of Article 6 the following: "No person shall be a member of said Board of Regents who at the same time holds any official position with the University of Georgia or any of its branches named herein, nor shall any person be eligible for membership on said Board of Regents who is employed by any school book publishing company, nor shall more than five members of said board be alumni of any one of the institutions or schools named herein."
Mr. Culpepper of Fayette moves to amend House Bill No. 194, Article 6, Section 50, by striking from the end of said section the word ' 'Ex-Officio" and adding after the word "be" at the end of line 3 of said section the words "Ex-Officio."
Section 50 was adopted as amended.
Section 51. The following amendment to Section 51
was read and adopted:
Mr. Davis of Mitchell moves to amend House Bill No. 194, as follows:
By striking therefrom Section 51 of Article 6 and substituting therefor the following:
Section 51. The term of office of the members of said Board of Regents shall be as follows: One shall be appointed for a term concurrent with that of the Governor, provided he shall hold said office at the pleasure of the Governor and be subject to removal by him; two shall be appointed for a term ending July 1, 1933; four shall be appointed for a term ending July 1, 1935, and four shall be appointed for a term ending July 1, 1937, and thereafter their successors shall be appointed for a term of six
652
JouRNAL OF THE HousE,
years, except as to the one member to be appointed who holds his office for a term concurrent with that of the Governor.
Section 51 was adopted as amended.
Section 52. This sectiOn was read and adopted.
Section 53. This sectton was read and adopted.
Section 54. The following amendments to Section 54 were read and adopted:
Mr. Lindsay of DeKalb moves to amend Article 6, Section 54 of House Bill No. 194 by adding the following sentence at the end of said section: "The salary of said Secretary shall not exceed S5,000.00 per annum."
Mr. Davis of Mitchell moves to amend House Bill No. 194, as follows:
Amend Section 54 of Article 6 of House Bill No. 194, as follows:
By adding at the end of said Section 54 the following: "Said Secretary shall give good and sufficient bond payable to the Governor of this State for the faithful performance of his duties and for the faithful accounting for all funds coming into his hands as such secretary, the surety on said bond to be a Surety Company duly qualified to do business in this State; and said board may pay out of funds coming into its hands premiums for said bond."
Section 54 was adopted as amended.
Section 55. This section was read and adopted.
Section 56. This section was read and adopted.
Section 57. The following amendment to Section 57 was read and adopted:
Mr. Davis of Mitchell moves to amend House Bill No. 194, as follows:
TuEsDAY, JuLY 21, 1931.
653
Amends Section 57 of Article 6 of House Bill No. 194 by inserting between the words "Board" and "his" in fourth line of said section the words "Without good and valid cause and excuse and/or without leave of absence from the chairman or, if the chairman for any cause cannot act, from the vice-chairman of said board."
Section 57 was adopted as amended.
Section 58. This. section was read and adopted.
Section 59. The following amendment to Section 59 was read and adopted:
Mr. Trapnell of Candler moves to amend House Bill No. 194 by striking from Section 59 in Article 6 the words "and mileage and actual fare" found in lines 3 and 4 of said Section and inserting in lieu thereof a comma following the word "therewith" and then the words "and actual cost of transportation."
Section 59 was adopted as amended.
Section 60. This section was read and adopted.
Section 61. The following amendment to Section 61 was read and adopted:
Messrs. Lindsay of DeKalb, Johnson of Montgomery, and Huddleston of Meriwether move to amend House Bill No. 194 by adding to the fourth line of Section 61 after the word "State" the words "as may be authorized by the General Assembly of this State." Also moves to amend Section 61, Article 6 by striking therefrom the words "to prescribe the course of study to be pursued by the students, the terms and manner of graduating and conferring of degrees."
Section 61 was adopted as amended.
Section 62. This section was read and adopted.
Section 63. This section was read and adopted.
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JOURNAL OF THE HousE,
Section 64. Section 65. Section 66.
This section was read and adopted. This section was read and adopted. This section was read and adopted.
Section 67. The following amendment to Section 67 was read and adopted:
Mr. Lindsay of DeKalb moves to amend House Bill No. 194 by adding to the end of Section 67, Article 6 the following words, "Subject to the provisions of Section 73 hereinafter."
Section 67 was adopted as amended.
Section 68. This section was read and adopted.
Section 69. This section was read and adopted.
Section 70. This section was read and adopted.
Section 71. This section was read and adopted.
Section 72. This section was read and adopted.
Section 73. This section was read and adopted.
Section 74. This section was read and adopted.
Section 75. The following amendments to Section 75 were read and adopted:
Mr. Lindsay of DeKalb moves to amend House Bill No. 194, Article 6, Section 75 by amending the Davis amendment as follows: The Board of Regents, however, in their discretion, may authorize local treasurer of any of the educational institutions to retain such fees and matriculation fees as they deem proper to facilitate the prompt payment of incidental expenses of said institution, strict account being made to the Board of Regents as to all such receipts and expenditures.
Messrs. Davis of Mitchell and Culpepper of Fayette move to amend House Bill No. 194 by striking Section 75
TuEsDAY, JuLY 21, 1931.
G.).)
of Article 6 thereof and by substituting the following section to be numbered 75 as follows:
Section 75. The State Treasurer is hereby directed out of any unexpended appropriation to the University of Georgia and any of its branches to pay to the Board of Regents thereof at periods and times now provided by law such sums as may be requisitioned by said board and as may be approved by the Governor, upon warrants of the Governor, to and for the use of said University of Georgia and any of its branches or any or each of them, respectively.
All money and sums c.f money payable under the provisions of this section to said Board of Regents shall be paid to an official elected or appointed by said board, which said official shall on or before entering upon the discharge of his duties give good and solvent bond with a surety company qualified to do business in this State as surety for the faithful performance of his duties and faithful accounting for all moneys coming into his hands as such official, which bond shall be payable to the Governor and his successors in office, the premium for which may be paid out of funds lawfully coming into the hands of said board.
Section 75 was adopted as amended.
Section 76. This section was read and adopted.
Section 77. This section was read and adopted.
Section 78. This section was read and adopted.
Section 79. This section was read and adopted.
Article 6 was adopted as amended.
ARTICLE 7
Messrs. Crowe of Worth, Colson of Glynn, and Huddleston of Meriwether move to amend House Bill No.
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JouRNAL OF THE HousE,
194 by striking all of Article VII of said bill and inserting in lieu thereof the following:
ARTICLE VII
Section 80. State Revenue Commission created. A State Revenue Commission is hereby created. The commission shall consist of the Comptroller-General and two commissioners appointed by the Governor with the advice and consent of the Senate. The Governor shall designate the chairman of the commission. Their successors, except the Comptroller-General, shall be appointed for full terms of four years from the expiration of the terms of their predecessors in office. The present Commissioner of Revenue shall serve until the expiration of his present term, and the present State Tax Commissioner shall serve until July 15, 1933. If a vacancy should occur otherwise than by expiration of term it shall be filled by appointment for the unexpired term, except a vacancy in the office of Comptroller-General shall be filled as now provided by law. Each commissioner shall devote his entire time to the duties of his office. Any commissioner, except the Comptroller-General, may, after notice and a hearing, be removed by the Governor for neglect of duty or misfeasance, and, or malfeasance, in office.
The Comptroller-General shall receive an annual salary of $6,200.00 which shall be in lieu of all fees and other emoluments, and each of the other commissioners shall receive an annual salary of $5,000.00.
The chairman of the commission shall be the executive of the commission, and shall be responsible for the administration of the duties committed to it by this Act. The two other members of the commission shall join with the chairman in exercising all the powers and performing all the duties specifically imposed by this Act on the commission as a body. Each appointive member of the commission, before entering upon the performance of his duties,
TuEsDAY, JuLY 21, 1931.
657
shall execute and file an official surety bond in the sum of $25,000.00, approved as to form and sufficiency by the Attorney-General, and the bond of the Comptroller-General shall be as now provided by law.
Section 81. Powers and duties of the State Revenue Commission. The State Revenue Commission shall:
1. On and after the effective date of this Act have all the powers and perform the duties now vested in the State Tax Commissioner.
2. On and after the effective date of this Act have all the powers and perform the duties now vested in the Commissioner of Revenue.
3. On and after the effective date of this Act have all the powers and perform the duties now vested in the Secretary of State in relation to motor vehicles and motorcycles and chauffeurs.
4. On and after the effective date of this Act have all the powers and perform the duties now vested in the Comptroller-General in relation to matters of taxation.
5. Take testimony and proofs, under oath. Any member or Deputy Commissioner of such commission may be designated for that purpose.
6. Have the power and authority to pass all necessary rules and regulations for carrying out and enforcing the provisions of all taxes and revenue measures administered by said Commission provided the same are not in conflict with the provisions of the Act levying such taxes or revenue measures.
7. Consult and confer with the Governor of the State upon the subject of taxation, the administration of the laws in relation thereto, and the progress of the work of the commission, and furnish the Governor from time to time such reports, assistance and other information as he may requ1re.
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JouRNAL OF THE HousE,
Section 82. Administer oaths and take testimony. The members of the commission, their deputies, secretary or other officer or employee duly designated and authorized by the commission for that purpose shall have power to administer oaths and take affidavits in relation to any matter or proceeding in the exercise of the powers and duties of the commission under this Act. The commission shall have power to subpoena and require. the attendance of witnesses and the production of books, papers and documents pertinent to the investigation and inquiries which it is authorized to conduct, and to examine them in relation to any matter which it has power to investigate, and to issue commissions for the examination of witnesses who are out of the State or unable to attend before the commission or excused from attendance.
In the case of any tax due the State or any tax assessed by the State Revenue Commission, whether specifically provided for in the Act levying the tax or not, the commission is empowered to issue a writ of fierie facias bearing teste in the name of the Chairman of the State Revenue Commission and directed to all and singular the sheriffs, of this State commanding them to levy upon the goods and chattels, lands, tenements and hereditaments of the taxpayer which writ it shall be the duty of any sheriff to execute as in case of writ of execution from the Superior Court.
Whenever such writ of fieri facias has issued the taxpayer shall think that the tax is not legally due, he may tender to the levying officer his affidavit of illegality thereto, and upon the payment of the tax if required as a condition precedent by the Act levying the tax and upon his giving a good and solvent bond for the eventual condemnation money in cases where the levying Act does not require the payment of the tax as a condition precedent, the levying officer shall return the same to the Superior Court of the county of the taxpayer's residence, except in case the
TuEsDAY, jULY 21, 1931.
659
levying Act pro vides otherwise, and the same shall be summarily heard and determined by the court.
Section 83. Oflicial Seal. The State Revenue Commission shall have and use an official se1l; and the records, its proceedings and copies of all papers and documents in its possession and custody may be authenticated in the usual form, under such seal and the signature ofany one of the Commissioners, Deputy-Commissioner of the Secretary, and shall be received in evidence in the same manner, and with like effect as deeds regularly acknowledged or proven.
Section 84. All powers and functions heretofore imposed by law on the Comptroller-General are hereby imposed and retained, including those in relation to the taxation of insurance companies and insurance agents. The powers and duties of the Comptroller-General as Insurance Commissioner, other than the taxing of insurance companies and' insurance agents, are transferred to the Secretary of State as hereinafter provided.
Section 85. The office of Commissioner of Revenue is hereby abolished, and all powers, duties, and functions of said office are hereby transferred to the State Revenue Commission. So much of the Act approved December 14, 1923 (see Acts 1923 Extra Session, page 13) creating the office of Commissioner of Revenue as is in conflict herewith is hereby repealed.
Section 86. The office of Commissioner of Motor Vehicles is hereby abolished and all powers, duties, and functions thereof are hereby transferred to the State Revenue Commission. So much of the following laws relating to Motor Vehicles, as is in conflict herewith, is hereby repealed; an Act approved August 13, 1910 (see Acts 1910, page 90); an Act approved August 23, 1927 (see Acts 1927, page 226 et seq.) and an Act approved November 30, 1915 (see Extra Session 1915, pages 107 to 119).
Sectiori 87. The office of Tax Commissioner as created under an Act of the Legislature approved August 14, 1913
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JouRNAL oF THE HousE,
(Georgia Laws 1913, page 123) is hereby abolished and all the powers, duties, and functions of the State Tax Commissioner are hereby transferred to the State Revenue Commission.
The following amendments to the amendment offered by Messrs. Crowe of Worth, Colson of Glynn, and Huddleston of Meriwether were read and adopted:
Mr. Lanier of Richmond moves to amend Section 80, Article VII, House Bill No. 194, by adding after the numbers "1933" in line 10 of Section 80, the words, "On the Revenue Commission."
Messrs. Simmons of Decatur and Nelson of Cook move
to amend the Committee Substitute to Article 7 of House
Bill No. 194 and Section 80 thereof by striking the figures
at end of Section 80, to-wit: "$5,000.00" and adding in
lieu thereof the figures "$4,000.00."
Mr. Skelton of Hart moves to amend Section 80, Paragraph 3, by adding the following:
That upon all questions regarding the powers and duties imposed upon the commission by virtue of this Act, a majority of said commissioners shall control.
That said commissioners shall elect a vice-chairman, who shall perform all of the duties of the chairman in the absence of said chairman.
The amendment offered by Messrs. Crowe of Worth, Colson of Glynn, and Huddleston of Meriwether was adopted as amended.
Article 7 was adopted as amended.
ARTICLE 8
Section 86. This section was read and adopted.
Section 87. The following amendment to Section 87 was read and adopted:
TUESDAY, JuLY 21, 1931.
661
Messrs. Huddleston of Meriwether, Crowe of vVorth, and Colson of Glynn move to amend House Bill No. 194, Article 8, by striking Section 87 in its entirety.
Section 88. This section was read and adopted.
Section 89. This section was read and adopted.
Section 90. The following amendment to Section 90 was read and adopted:
Messrs. Battle, Roberts, and Meredith of lVIuscogee; Carlisle of Bibb; Lester and Lanier of Richmond; Alexander, Grayson, and Myrick of Chatham; Lindsay and Leathers of DeKalb; Eckford, McRae, and Still of Fulton; and Gullatt of Campbell move to amend House Bill No. 194, known as the Reorganization Bill, as follows, to-wit: By striking Section 90 of said bill, (renumbering succeeding section), said Section 90 reading as follows:
"The Georgia. Real Estate Commission, created under and by virtue of the Acts of-1925, pages 325-337, inclusive, is hereby abolished together with the offices thereunder and all powers, duties, and functions of th'lt commission are hereby transferred to the Secretary of State."
Section 90 was adopted as amended.
Section 91. This section was read and adopted.
Section 92. The following amendments to Section 92 were read and adopted:
Messrs. Huddleston of Meriwether, Colson of Glynn, and Crowe of Worth move to amend House Bill No. 194, Article VIII, Section 92 by striking the words "each of" in line 2 of the printed bill.
Messrs. Battle, Roberts, and Meredith of Muscogee, Carlisle of Bibb, Lester of Richmond, Still and McRae of Fulton, and others move to amend House Bill No. 194, as follows:
662
JouRNAL oF THE HousE,
By adding a paragraph (to be numbered "15"), to Section 92 of said bill, said paragraph to read as follows:
"15. The Georgia Real Estate Commission. (See Acts 1925, pages 325-337, approved August 14, 1925.)"
Section 92 was adopted as amended.
Article 8 was adopted as amended.
ARTICLE 9
Section 93. This section was read and adopted.
Section 94. This section was read and adopted.
Section 95. This section was read and adopted.
Section 96. The following amendment to Section 96 was read and adopted:
Mr. Davis of Mitchell moves to amend Section 96 of Article IX of House Bill No. 194 by striking the period after the word "Act" in second line of said section and adding as a part of said sentence the words, "for term of his present appointment, or present term of office."
Section 96 was adopted as amended. Article 9 was adopted as amended.
ARTICLE 10 Section 97. This section was read and adopted. Section 98. This section was read and adopted. Section 99. This section was read and adopted. Article 10 was adopted.
ARTICLE 11
Section 100. This section was read and adopted. Section 101. The following amendments to Section 101 were read and adopted:
TuEsDAY, JuLY 21, 1931.
(i61
Mr. Harrison of Jenkins and others move to amend Article XI, Section 101, of House Bill 194, by adding at the end thereof the following:
The term of office of the State Entomologist shall be four years and the present incumbent shall be State Entomologist for the first term of four years after the effective date hereof.
Mr. Lindsay of DeKalb moves to amend House Bill No. 194, Article XI by adding a new section to be known as Section 101 (a) to read as follows:
"Section 101 (a). The entire funds available for the support and maintenance of the Department of Agriculture shall be the amount set forth in the appropriation bill, from time to time and it is hereby, provided that all funds of every nature collected by said Department or any subdivision thereof shall be paid into the Treasury of the State and disbursed by appropriations duly provided by the General Assembly and approved by the Governor."
Section 101 was adopted as amended.
Article 11 was adopted as amended.
Mr. Lindsay of DeKalb gave notice that at the proper time he would move that the House reconsider its action in adopting Article 6 of House Bill No. 194.
Mr. Lanier of Richmond gave notice that at the proper time he would ask the House to reconsider its action in failing to adopt an amendment to House Bill No. 194, and introduced by the Richmond Delegation.
Mr. Nelson of Cook asked unanimous consent that when the House adjourn, it stand adjourned until 9:00 o'clock tomorrow morning.
There was objection.
Mr. Nelson of Cook moved that when the House adjourn, it stand adjourned until 9:00 o'clock tomorrow mormng.
664
JouRNAL OF THE HousE,
The motion prevailed.
Mr. Harrison of Jenkins moved that this House do now adjourn.
The motion was lost.
Privileges of the floor were granted to Messrs. M. E. Thompson of Pulaski County, Hon. Geo. D. Bennett of
Clarke County, Messrs. J. 0. Rees, E. Rees, and Pierce of
Webster County, and R. T. Williams of Troup County.
Mr. Walker of Ben Hill moved that this House do now adjourn. The motion prevailed.
Leave of absence was granted to Mr. B. S. Elliott of Henry.
The Speaker announced the House adjourned until tomorrow morning, at 9:00 o'clock.
WEDNESDAY, JuLY 22, 1931.
665
REPRESENTATIVE HALL, ATLANTA, GA.,
WEDNESDAY, JuLY 22, 1931.
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. Hardin of Whitfield, 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.
5. First reading of Senate bills and resolutions.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof: Mr. Speaker:
The Senate has passed by the reqmstte constitutional majority the following bill of the House, to-wit:
666
JouRNAL oF THE HousE,
By l\1r. Brown of Greene-
House Bill No. 125. A bill to be entitled an Act to amend the charter of the City of White Plains in the County of Greene, and for other purposes.
The Senate has also passed by the requisite constitutional majmity the following resolution 8f the Senate, to-wit:
By Mr. Harris of the 18th District-
Senate Resolution No. 44. A joint resolution concerning the date and time of hearing an address by the Hon.
\Valter F. George, United States Senator from the State of
Georgia.
The President of the Senate has appointed the following committee from the Senate:
Messrs. Harris of the 18th District, Jackson of the 14th District, Adkins of the 9th District.
By unanimous consent, the following bills and resolution of the House were introduced, read the first time, and referred to the committees:
By Messrs. Cartledge of Richmond and Evans of McDuffie-
Hause Bill No. 407. A bill to abolish the service charges on consumers of gas and electricity, and for other purposes.
Referred to Committee on Railroads.
By Mr. Childs of Taylor-
House Bill No. 408. A bill to amend an Act establishing a new charter for the Town of Reynolds, and for other purposes.
Referred to Committ~e on Municipal Government.
WEDNESDAY, jULY 22, 1931.
667
By Messrs. Alexander, Grayson, and Myrick of Chatham-
House Bill No. 409. A bill to amend the Acts incorporating the Mayor and Council of the Town of Tybee, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Myrick of Chatham-
House Bill Nc. 410. A bill concernmg fraudulent conveyances, and for other purposes.
Referred to Committee on General Judiciary No.2.
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 411. A bill to provide for certain records to be kept by certain county officers in certain counties, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Parham of Heard-
House Bill No. 412. A bill to amend an Act relative to the Board of Commissioners of Roads and Revenues of Heard County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Mardre and Cochran of Thomas-
House Bill No. 413. A bill to authorize certain county officers to appropriate funds to support a Public Library,. and for other purposes.
Referred t<.. Committee on Counties and County Matters.
By Mr. Cochran of ThomasHouse Bill No. 414. A bill to provide for the lighting of
668
JouRNAL oF THE HousE,
automobiles, etc., travelling the highways at night, and for other purposes.
Referred to Committee on Public Highways.
By Messrs. Bargeron and Jones of Burke-
House Bill No. 415. A bill to repeal an Act providing for the selection of the Board of Commissioners of Roads and Revenues of Burke County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Skelton of Hart-
House Bill No. 416. A bill to provide for the appointment of members to the State Highway Board of Georgia, and for other purposes.
Referred to Committee on Public Highways.
By Mr. Montgomery of WebsterHouse Bill No. 417. A bill to repeal an Act creating a
Board of Commissioners of Roads and Revenues of the County of \Vebster, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Montgomery of Webster-
House Bill No. 418. A bill to create the office of Commissioner of Roads and Revenues of the County of\Vebster, and for othet purposes.
Referred to Committee on Counties and County Matters.
By Mr. Grayson of Chatham and others-
House Bill No. 419. A bill to amend the Constitution so as to authorize the issuance by the State of Georgia of $5,000,000 Bonds, and for other purposes.
Referred to Committee on Amendments to the Constitution.
\VEDNESDAY, JuLY 22, 1931.
669
By Messrs. Davis of Floyd and Hutcheson of Walker-
House Bill No. 420. A hill to establish the Georgia Training School for Colored Girls, and for other purposes.
Referred to Committee on State of the Republic.
By Messrs. Alexander, Grayson, and.Myrick of Chatham-
House Bill No. 421. A bill to provide for the protection and assistance of aged persons under certain conditions in the State of Georgia, and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Messrs. Alexander and Grayson of Chatham-
House Bill No.. 422. A bill to provide that certain legal papers may be witnessed, attested, acknowledged, and probated, within, and without the State of Georgia, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Messrs. Davis and Lord of Jackson-
House Bill No. 423. A bill to repeal an Act establishing the City Court of Jefferson, and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Davis and Lord of Jackson-
House Bill No. 424. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Jackson County, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Davis of MitchellHouse Bill No. 425. A bill to revtse the laws of the
670
JouRNAL OF THE HousE,
State with reference to commitments to the Georgia State Sanitarium, and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Messrs. Carlisle, Gillen, and Park of Bibb-
House Bill No. 426." A bill to authorize and require the opening of tax receivers' books in certain counties, and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Messrs. Mardre and Cochran of Thomas-
House Bill No. 427. A bill to amend an Act incorporating the Town of Thomasville, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Rosser of Walker, Mooty of Troup, and Huddleston of Meriwether-
House Bill No. 428. A bill to amend the Constitution providing for the veto by the governor of all bills passed by the General Assembly, and for other purposes.
Referred to Committee on Amendments to the Constitution.
By Messrs. Rosser of Walker, Mooty of Troup, and Huddleston of Meriwether-
House Bill No. 429. A bill to amend the Constitution providing for the manner in which bills and resolutions appropriating money become laws, and for other purposes.
Referred to Committee on Amendments to the Constitution.
WEDNESDAY, JuLY 22, 1931.
671
By Messrs. Sutton and Mattox of Colquitt and Sisk of Elbert-
House Resolution No. 62. A bill to amend Rule 29 in respect to ladies, and for other purposes.
Referred to Committee on Rules.
Mr. Rosser of Walker 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 joint resolution and bills of the House and Senate and has instructed me, as chairman, to report the same back to the House with the recommendation that:
Joint Senate Resolution No. 8 do pass by substitute. Senate Bill No. 58 do pass. Senate Bill No. 59 do pass. House Bill No. 164 do pass. House Bill No. 277 do not pass. House Bill No. 311 do not pass. House Bill No. 220 do not pass.
House Bill No. 312 do net pass. Respectfully submitted, RossER of Walker, Chairman.
Mr. Andrews of Crawford County, Chairman of the Committee on Counties and County Mat~ers, submitted the following report:
672
JouRNAL OF THE HousE,
Mr. Speaker: Your Committee on Counties and County Matters~has
had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the House with the recommendation~that:
House Bill No. 227 do pass. House Bill No. 226 do pass. House Bill No. 225 do pass. House Bill No. 384 do pass. House Bill No. 383 do pass. House Bill No. 382 do pass. House Bill No. 326 do pass. House Bill No. 355 do pass. House Bill No. 232 do pass. House Bill No. 78 do pass. House Bill No. 142 do pass as amended. House Bill No. 260 do pass. House Bill No. 323 do pass.
Respectfully submitted, ANDREWS of Crawford, Chairman.
Mr. Cannon of Rockdale County, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Mr. Speaker:
Your Committee on Hygiene and Sanitation has had under consideration the following bills of the House and has
WEDNESDAY, JuLY 22, 1931.
673
instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 90 do pass as amended. House Bill No. 224 do not pass.
Respectfully submitted, CANNON of Rockdale, Chairman.
Mr. Wall of Putnam County, Chairman of the Committee on Public Library, submitted the following report:
Mr. Speaker: Your Committee on Public Library has had under con-
sideration the following resolutions of the House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Resolution No. 22-145a do pass.
House Resolution No. 26-191b do pass.
Respectfully submitted, WALL of Putnam, Chairman.
Mr. Freeman of Monroe County, Vice-Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following bills of the House and Senate and has instructed me, as vice-chairman, to report the same back to the House with the recommendation that:
674
JouRNAL OF THE HousE,
Senate Bill No. 25 do pass. House Bill No. 332 do pass. House Bill No. 330 do pass. House Bill No. 336 do pass.
House Bill No. 339 do pass.
House Bill No 386 do pass.
House Bill No. 358 do pass.
House Bill No. 387 do pass.
Respectfully submitted,
FREEMAN of Monroe,
Vice-Chairman.
By unanimous consent, the following bills and resolutions of the House, favorably reported, were read the second time:
By Messrs. Eckford and McRae of Fulton-
House Bill No. 78. A bill to abolish the offices of Tax Receiver and Tax Collector of Fulton County, and for other purposes. By Mr. Beaman of DeKalb-
House Bill No. 90. A bill to regulate the practice of Chiropody, and for other purposes.
By Messrs. Eckford and McRae of Fulton-
House Bill No. 142. A bill to change from the fee to the salary system in certain counties in Georgia, and for other purposes.
By Messrs. Eckford and McRae of Fulton-
House Bill No. 164. A bill to amend the Constitution relative to the salaries of Judges of the Superior Court of the Altanta Judicial Circuit, and for other purposes.
WEDNEsDAY, JuLY 22, 1931.
675
By Messrs. Carlisle, Gillen, and Park of Bibb-
House Resolution No. 22-145a. A resolution providing that the State Librarian furnish certain volumes to the Bibb County Law Library, and for other purposes.
By Mr. Mixon of Irwin-
House Resolution No. 26-191b. A resolution authorizing the State Librarian to furnish certain volumes to the Irwin County Superior Court, and for other purposes.
By Mr. Hutcheson of Walker-
House Bill No. 225. A bill to abolish the offices of Tax Receiver and Tax Collector of Walker County, and for other purposes.
By Mr. Hutcheson of Walker-
House Bill No. 226. A bill to abolish the Board of Commissioners of Roads and Revenues of the County of Walker, and for other purposes.
By Mr. Hutcheson of Walker-
House Bill No. 227. A bill to create the office of Commissioner of Roads and Revenues of Walker County, and for other purposes.
By Mr. Edwards of Gilmer-
House Bill No. 232. A bill to change the time of holding the Superior Court of Gilmer County, and for other purposes.
By Mr. Stewart of Coffee-
House Bill No. 260. A bill to repeal an Act creating a Board of Commissioners of Roads and Revenues for the County of Coffee, and for other purposes.
676
JouRNAL OF THE HousE,
By Mr. Townsend of Dade-
House Bill No. 326. A bill to abolish the office of Treasurer of Dade County, and for other purposes.
By Messrs. Harris of Terrell and Moye of Randolph-
House Bill No. 330. A bill to change the County line between Randolph and Terrell Counties, and for other purposes.
By Mr. Skelton of Hart-
House Bill No. 332. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Hart, and for other purposes.
By Mr. Dorsett of Carroll-
House Bill No. 336. A bill to amend certain sections of the City Charter of Carrollton, and for other purposes.
By Mr. Barrett of White-
House Bill No. 339. A bill to create the office of County Treasurer of White County, and for other purposes.
By Mr. Bunn of Ware-
House Bill No. 355. A bill to provide for the manner in which tax fi. fas. shall be issued in certain counties, and for other purposes.
By Mr. Carlisle of Grady-
House Bill No. 358. A bill to change the time of holding the Superior Court of Grady County, and for other purposes.
By Mr. Simmons of Decatur-
House Bill No. 382. A bill to amend an Act establishing the City Court of Bainbridge, and for other purposes.
WEDNESDAY, }ULY 22, 1931.
677
By Messrs. Griffin and Simmons of DecaturHouse Bill No. 383. A bill to amend an Act relative to
the salary of the Treasurer of Decatur County, and for other purposes.
By Messrs. Griffin and Simmons of DecaturHouse Bill No. 384. A bill to abolish the offices of Tax
Receiver and Tax Collector of Decatur County, and for other purposes.
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 386. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Richmond County and for other purposes.
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 387. A bill to amend an Act making bailiffs probation officers in certain counties, and for other purposes.
By unanimous consent, the following bills and resolution of the Senate, favorably reported, were read the second time:
By Mr. Beck of the 37th District-
Senate Bill No. 25. A bill to consolidate the offices of Tax Receiver and Tax Collector in the County of Carroll, and for other purposes.
By Mr. Martin of the 2nd DistrictSenate Bill No. 58. A bill to amend the Constitution so
as to authorize the consolidation of local school districts in which one or more bond issues may be outstanding, and for other purposes.
By Mr. Martin of the 2nd DistrictSenate Bill No. 59. A bill to amend the Constitution so
as to permit County Boards of Education to contract with each other, and for other purposes.
678
JouRNAL o:r THE HousE,
By Mr. Neill of the 24th District-
Senate Resolution No. 8. A resolution to propose an amendment to the Constitution relative to the time of meeting of the General Assembly, and for other purposes.
Under the order of unfinished business, the following bill of the House was again taken up for consideration:
By Messrs. Huddleston of Meriwether, Crowe of Worth, and others-
House Bill No. 194. A bill to be entitled an Act to simplify the operations of the Executive Branch of the State Government, and for other purposes.
ARTICLE 12
Section 102. The following amendments to Section 102 were read and adopted:
Messrs. Lindsay of DeKalb, Beaman of DeKalb, and Nelson of Cook move to amend House Bill No. 194, Article 12, by striking all of the words after the colon at the end of the third line of Section 102 and adding in lieu thereof the following: Each member of the present Commission shall continue to serve on said Commission until the expiration of the present term for which he has been elected. That the offices occupied by the two Commissioners respectively whose terms first expire are hereby abolished at the expiration of said terms. Thereafter the term of office of the Public Service Commission .shall be for four years.
Mr. Davis of Mitchell moves to amend House Bill No. 194 as follows: Amend Article 12 of House bill No. 194 by adding thereto another section to be numbered 102-A as follows: 102-A.. Be it further enacted that all fees and assessments now levied and/or assessed by the ComptrollerGeneral and/or other authority of this State upon and against any and all public utility corporations or organizations (whether corporations or privately owned) including
WEDNESDAY, juLY 22, 1931.
679
all utilities against whom such levies or assessments are now made for the support and maintenance of said State Public Service Commission as now provided by law, shall be and continue to be levied, assessed, and collected, a:s now provided by law, and in the manner now provided by law, and all of said fees and assessments thus levied and collected shall be covered into the State Treasury by payment thereof to the State Treasurer. Provided further that the salaries of said Public Service Commissioners shall be and remain as at present fixed, and the necessary expense of conducting business of said Commission and the salaries of said Commissioners shall be provided for by appropriations made for said purposes.
The following amendment to Section 102 was read:
Messrs. Thomas of Wayne and Strickland of Douglas move to amend House Bill No. 194 by striking from Section 102 and after the word following in line three: The succeeding sentence, and adding in lieu thereof the following: "The existing terms of all present encumbents shall terminate January 1, 1933, the three Commissioners then assuming office to be appointed by the Governor and to hold office for a period of four years each."
On the adoption of the amendment, Mr, Griffin of Decatur moved the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Atwood
Awtrey
Beasley Carlisle of Bibb Clark Clements of Marton Collier Cowart Cozart Davis of Troup Dorsett
Duncan Eckford Fagan Freeman Grayson Griffeth Hardin Harris Hawes .Jones of Burke .Jones of Lumpkin
.Jones of Paulding Kennedy
Lanham Lanier Lester Lewis of Gordon McGehee Meredith Morris Musgrove Nelson of Laurens
680
jOURNAL OF THE HousE,
Pace Park Powell Purvis Rivers Roberts Robertson
Sims
Taylor
Spivey
Thomas
Stewart
Tippins
Stone
Trotter
Strickland of Douglas Walker of Brooks
Strickland of Haralson Williams
Swain
Wood
Those voting in the negative were Messrs.:
Adams
Edwards of Stephens Lance
Alexander
Evans
Leathers
Allen
Franklin
Lewis of Hancock
Arnold
Fraser
Lindsay
Arrington
Gary
Logan
Ashley
Gillen
Lord
Bargeron
Graham
McElreath
Barrett
Green
McKoy
Battle
Greer
McLeod
Beaman
Griffin of Decatur
McRae
Bean
Griffin of Wilkes
McWhorter
Bennett of Bacon
Gullatt
Mallard
Bennett of Jeff Davis Hampton
Mattox
Bland
Harrison of Camden Mercer
Brown
Harrison of Jenkins Mixon
Brunson
Hatcher
Montgomery
Bunn
Hodges
Mooty
Burton
Home
Moye
Bush
Howard of Chatt'h'chee Mundy
Cain
Howard of Long
Myrick
Cannon
Hubbard of Habersham Nelson of Cook
Carlisle of Grady
Hubbard of Wilkinson Oliver
Cartledge
Huddleston
Osteen
Chalker
Hutcheson
Parham
Childs
Hyman
Patten
Clements of Telfair Irvin
Paulk
Cochran
Johnson of Montgomery Peebles
Crawford
Johnson of Pike
Phillips
Crowe
Johnson of Seminole Pittard
Culpepper of Fayette Johnston
Pope
Davis of Jackson
Key
Preston
Davis of Mitchell
Killebrew
Purdy
Dixon
Kimbrough
Rabun
Donaldson
Kimsey
Ross of Appling
Dykes
King of Clay
Ross of Dodge
Edmondson
King of Newton
Rosser
WEDNESDAY, }ULY 22, 1931.
681
Sammon Scarbrough Seckinger Sharpe Shirley Simmons Skelton Stanton Sutton
Tate Thomoson Thompson Townsend Trapnell Waldrop Walker of Ben Hill Walker of Morgan
Walker of Screven Wall Weeks Westbrook Whittle Wilkes Wilson Yawn
Those not voting were Messrs.:
Almand Andrews Brannen Chambers Colson Courson Cullens
Culpepper of Echols Davis of Floyd Edwards of Gilmer Edwards of Lowndes Elliott Holt James
Mardre Maynard Sisk Still Turner Mr. Speaker
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the amendment, the ayes were 54, nays 133. The amendment was therefore lost.
Mr. Thomas of Wayne gave notice that at the proper time he would move that the House reconsider its action in failing to adopt his amendment.
Section 102 was adopted as amended.
Section 103. This section was read and adopted.
Article 12 was adopted as amended.
ARTICLE 13
Section 104. This section was read and adopted.
Section 105. The following amendment to Section 105 was read and adopted:
Messrs. Beaman, Leathers, and Lindsay of DeKalb move to amend House Bill "\fo. 194, Section 105, Article 13, as follows: Move to amend said Section 105 by striking
682
JouRNAL OF THE HousE,
therefrom the second and third sentences of said Section 105 and inserting in lieu thereof the following :~"The two present Industrial Commissioners serving under appointment shall be directors of the said Department of Industrial Relations and shall serve as such until the time when their present respective appointments as Industrial Commissioners would expire under said appointments, at which time their terms of office as such directors shall expire. The Governor shall appoint their successors for terms of four years each, which shall be the term of office of such directors thereafter."
Section 105 was adopted as amended.
Section 106. This section was read and adopted.
Section 107. This section was read and adopted.
Se,ction 108. This section was read and adopted.
Section 109. This section was read and adc,pted.
Section 110. This section was read and adopted.
Section 111. This section was read and adopted.
Section 112. The following amendment to Section 112 was read and adopted:
Messrs. Beaman, Leathers, and Lindsay of DeKalb, and Thomas of Wayne move to amend House Bill No. 194-'as follows: Move to amend Section 112 of said Article 13 by adding after the word "Chairman" in the first sentence of said Section 112 the following: "and Directors," and by striking the word "Is" after the words "Industrial Relations" in the first sentence of said Section 112, and by adding in lieu thereof the following words: "by majority vote are," so that said Section 112 as amended shall read as follows: "Section 112. The Chairman and Directors of the Department of Industrial Relations by majority vote are hereby empowered to employ such assistants and clerical help to aid in the discharge of the powers, duties, and func-
WEDNESDAY, }ULY 22, 1931.
683
tions hereby imposed on the Department as may be necessary, provided that the expense thereof shall have been provided in the appropriation enacted for the support of said Department."
Section 112 was adopted as amended.
Article 13 was adopted as amended.
ARTICLE 14
Section 113. The following amendment to Section 113 was read and adopted:
Messrs. Lanham of Floyd, Lester and Lanier of Richmond move to amend House Bill No. 194 as follows: By striking Paragraph "A" of Section 113 of said bill.
Section 113 was adopted as amended.
Section 114. This section was read and adopted.
Section 115. The following amendment to Section 115 was read and adopted:
Mr. Lindsay of DeKalb moves to amend House Bill No. 194, Article 14, Section 115 by striking the words "with the passage of this Act" on the third and fourth lines of said section and substituting in lieu thereof the words "On the 1st day of January, 1932."
Section 115 was adopted as amended.
Section 116. This section was read and adopted.
Section 117. The following amendment to Section 117 was read and adopted:
Mr. Davis of Mitchell moves to amend House Bill No. 194 as follows: By adding another Section at the end of Section 117 as follows: Be it further enacted that whenever in this Act it is provided that powers, rights, duties, functions, and/or responsibilities of any board, office or official in this Act referred to shall be delegated to and/or
684
JouRNAL OF THE HousE,
transferred to any other office or official or department designated or created under this Act, said powers, rights, duties, functions and/or responsibilities shall be and are those now provided and defined by existing law, which said powers, rights, duties, functions, and/or responsibilities hereinbefore referred to are hereby preserved.
Section 117 was adopted as amended.
Section 118. This section was read and adopted.
Section 119. This section was read and adopted.
Article 14 was adopted as amended.
Mr. Nelson of Cook asked unanimous consent that when the House adjourn, it stand adjourned until 9:00 o'clock tomorrow morning, and the request was granted.
By unanimous consent, the Clerk was instructed to renumber House Bill No. 194, all sections and articles thereof, according to amendments.
Mr. Mooty of Troup moved to reconsider Section 80 of House Bill No. 194, and the motion prevailed.
Section 80 was reconsidered.
The following amendment was read and adopted:
Messrs. Kennedy of Lamar, Grayson of Chatham, and Mooty of Troup move to amend the amendment offered by the Committee to Section 80 of Article 7 of House Bill No. 194 by striking the words "until July 15, 1933" as appears in line ten of said section and by inserting in lieu thereof the following words: "until the expiration of his present term of office."
Section 80 was adopted as amended.
By unanimous consent, Section 96 of House Bill No. 194 was reconsidered.
The following amendment was read and adopted:
WEDNEsDAY, JuLY 22, 1931.
685
Messrs. Colson of Glynn, Huddleston of Meriwether, and Crowe of Worth move to amend House Bill No. 194 by adding a new section at the end of Article IX of said bill to be numbered Section 96A, which said Section shall read as follows:
Section 96A. The office of Attorney for the State Highway Board created by Section V of the Act approved August 18th, 1919, reorganizing the Highway Department (Acts 1919, p. 246) and the several acts amendatory thereof, is hereby abolished, and the powers, duties, and functions of the Attorney for the State Highway Board are hereby transferred to, and conferred upon the Department of Law, and said Section V of said Act, creating said office and all amendments thereof are hereby repealed.
Section 96 was adopted as amended.
Mr. Lindsay of DeKalb moved to reconsider Article 3 of House Bill No. 194.
On the motion to reconsider, Mr. Lindsay of DeKalb moved the ayes and nays and the call was sustained.
Mr. Rosser of ~Valker moved that this House do now adjourn. The motion was lost.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Barrett Bland Bunn Burton Bush Cain Culpepper of Fayette Davis of Troup Dorsett Dykes Evans Franklin Fraser
Freeman
Jones of Lumpkin
GarY
Key
Greer
Kimbrough
Griffeth
Kimsey
Hampton
King of Clay
Hawes
King of Newton
Hodges
Lanier
Holt
Leathers
Hutcheson
Lester
Hyman
Lewis of Hancock
Johnson of Montgomery Lindsay
Johnson of Pike
Logan
Jones of Burke
Lord
686
jOURNAL OF THE HousE,
McElreath McLeod McRae Mallard Morris Moye Musgrove Park Peebles Phillips Pope Purvis
Rabun Rivers Ross of Dodge Sammon Scarbrough Seckinger Sharpe Shirley Sisk Skelton Spivey Stanton
Stone Sutton Tate Taylor Thomas Tippins Turner Walker of Brooks Weeks Westbrook Williams Wilson
Those voting in the negative were Messrs.:
Adams
Cowart
Lance
Alexander
Cozart
Lanham
Allen
Crowe
Lewis of Gordon
Almand
Culpepper of Echols McGehee
Andrews
Davis of Jackson
McKoy
Amold
Davis of Mitchell
McWhorter
Arrington
Dixon
Mardre
Ashley
Donaldson
Mattox
Atwood
Duncan
Mercer
Awtrey
Eckford
Meredith
Bargeron
Fagan
Mixon
Battle
Gillen
Montgomery
Beaman
Graham
Mooty
Bean
Grayson
Mundy
Beasley
Green
Mm.ck
Bennett of Bacon
Griffin of Wilkes
Nelson of Cook
Bennett of Jeff Davis Hardin
Nelson of Laurem
Brannen
Harris
Oliver
Brunson
Harrison of Camden Osteen
Cannon
Harrison of Jenkins Pace
Carlisle of Bibb
Hatcher
Parham
Carlisle of Grady
Home
Patten
Cartledge
Howard of Chatt'h'chee Paulk
Chambers
Howard of Long
Pittard
Childs
Hubbard of Habersham Preston
Clements of Marion Hubbard of Wilkinson Purdy
Clements of Telfair Huddleston
Roberts
Cochran
Irvin
Robertson
Collier
Johnson of Seminole Ross of Appling
Colson
Jones of Paulding
Rosser
Courson
Kennedy
Simmons
WEDNESDAY, JuLY 22, 1931.
687
Sims
Thompson
Stewart
Townsend
Strickland of Douglas Trapnell
Strickland of Haralson Trotter
Swain
Waldrop
Thomoson
Walker of Ben Hill
Walker of Morgan Walker of Screven Wall Whittle Yawn
Those not voting were Messrs.:
Brown Chalker Clark Crawford Cullens Davis of Floyd Edmondson Edwards of Gilmer
Edwards of Lowndes Edwards of Stephens Elliott Griffin of Decatur Gullatt James Johnston
Killebrew Maynard Powell Still Wilkes Wood Mr. Speaker
On the motion to reconsider Article 3 of House Bill No.
194, the ayes were 75, nays 110. The motion was therefore lost.
On House Bill No. 194 and all amendments thereto, Mr. McGehee of Talbot moved the previous question.
Mr. Dykes of Dooly moved that the House do now adjourn, and the motion was lost.
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 as amended.
On the final passage of the bill, Mr. Colson of Glynn moved the ayes and nays, and the call was sustained.
By unanimous consent of the House, the Speaker was allowed to cast his vote.
By unanimous consent of the House, Mr. Colson of Glynn was allowed to cast the vote of the Han. H. B. Edwards, Representative from Lowndes County, who was absent because of illness.
The roll call was ordered and the vote was as follows:
688
JouRNAL OF THE HousE,
Those voting in the affirmative were Messrs.:
Adams
Davis of Jackson
Johnson of Seminole
Alexander
Davis of Mitchell
Johnston
Allen
Davis of Troup
Jones of Burke
Almand
Dixon
Jones of Lumpkin
Andrews
Donaldson
Jones of Paulding
Arnold
Dorsett
Kennedy
Arrington
Duncan
Key
Ashley
Eckford
Kimbrough
Atwood
Edwards of Lowndes Kimsey
Awtrey
Edwards of Stephens King of Newton
Bargeron
Evans
Lance
Barrett
Fagan
Lanham
Battle
Franklin
Lanier
Beaman
Fraser
Leathers
Bean
Freeman
Lester
Beasley
Gary
Lewis of Gordon
Bennett of Bacon
Gillen
Lewis of Hancock
Bennett of Jeff Davis Graham
Lord
Bland
Grayson
McElreath
Brannen
Green
McGehee
Brown
Greer
McKoy
Brunson
Griffeth
McLeod
Bunn
Griffin of Wilkes
McRae
Burton
Gullatt
McWhorter
Bush
Hampton
Mallard
Cain
Hardin
Mardre
Cannon
Harris
Mattox
Carlisle of Bibb
Harrison of Camden Mercer
Carlisle of Grady
Harrison of Jenkins Meredith
Cartledge
Hatcher
Mixon
Chambers
Hawes
Montgomery
Childs
Hodges
Mooty
Clements of Marion Holt
Morris
Clements of Telfair Horne
Mundy
Cochran
Howard of Chatt'h'chee Musgrove
Collier
Howard of Long
Myrick
Colson
Hubbard of Habersham Nelson of Cook
Courson
Hubbard of Wilkinson Nelson of Laurens
Cowart
Huddleston
Oliver
Cozart
Hutcheson
Osteen
Crowe
Hyman
Pace
Culpepper of Echols Irvin
Parham
Culpepper of Fayette Johnson of Montgomery Park
Davis of Floyd
Johnson of Pike
Patten
WEDNESDAY, JuLY 22, 1931.
689
Paulk Peebles Phillips Pittard Pope Powell Preston Purdy
Purvis Rabun Rivers Roberts Robertson Ross of Appling Ross of Dodge Rosser Sammon Scarbrough Seckinger
Sharpe
Townsend
Sblrley
Trapnell
Simmons
Trotter
Sims
Waldrop
Sisk
Walker of Ben Hill
Skelton
Walker of Brooks
Spivey
Walker of Morgan
Stewart
Walker of Screven
Still
Wall
Strickland of Douglas Weeks
Strickland of Haralson Westbrook
Sutton
Whittle
Swain
Wilkes
Tate
Williams
Taylor
Wilson
Thomas
Wood
Thomason
Yawn
Thompson
Mr. Speaker
Tippins
Those voting in the negative were Messrs.:
Dykes Lindsay
Moye Stanton
Stone
Those not voting were Messrs.:
Chalker Clark Crawford Cullens Edmondson
Edwards of Gilmer Elliott Griffin of Decatur James Killebrew
King of Clay Logan Maynard Turner
By unanimous consent, the verification of the roll call was dispensed with.
On the final passage of House Bill No. 194 as amended, the ayes were 188, nays 5.
The bill having received the requisite constitutional majority was therefore passed as amended.
By unanimous consent the bill was immediately transmitted to the Senate.
Privileges of the floor were granted to Han. F. E. Boswell
of Greensboro, Mrs. Ralph Rosser and .Miss Betty Rosser
690
JouRNAL oF THE HousE,
of LaFayette, Hon. R. C. Coleman of Dublin, Han. J. P.
Dukes of Bryan County, Hon. Gordon Saussy of Chatham County, Mrs. Viola Napier and her daughter of Bibb
County, Han. W. 0. Wingate of Irwin County, Han. J. E.
Howell of Irwin County, Dr. Edgar H. Johnson of Emory University, Mr. C. H. Baldwin of Madison, Han. J. E. New of Dexter, Han. Chas. Baggett of Dublin, and Han. W. G. Avera of Berrien County.
Mr. Cozart of Wilkes moved that the House do now adjourn, and the motion prevailed.
Leave of absence was granted to Messrs. Edwards of Stephens and Howard of Long.
The Speaker announced the House adjourned until tomorrow morning, at 9:00 o'clock.
THURSDAY, JuLY 23, 1931.
691
REPRESENTATIVE HALL, ATLANTA, GA.,
THuRsDAY, JuLY 23, 1931.
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 roll call was dispensed with.
Mr. Hardin of Whitfield, 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 ofUnanimous 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. 5. First reading of Senate bills and resolutions.
Bv unanimous consent, the following bills and resolution. of the House were introduced, read the first time, and referred to the committees:
692
JouRNAL OF THE HousE,
By Messrs. Dorsett of Carroll, Almand of Walton, and Bargeron of Burke-
House Bill No. 430. A bill to repeal sections of the Code relating to the Bureau of Markets, and for other purposes.
Referred to Committee on General Agriculture No. 1.
By Mr. Whittle of Upson-
House Bill No. 431. A bill to amend an Act regulating banking, and for other purposes.
Referred to Committee on Banks and Banking.
By Messrs. Lanier and Lester of Richmond-
House Bill No. 432. A bill to combine the Board of Health for the City of Augusta with the Board of Health of Richmond County, and for other purposes.
Referred to Committee on Hygiene and Sanitation.
By Mr. Skelton of Hart-
House Bill No. 433. A bill to amend an Act creating a Board of Commissioners of Roads and Revenue for the County of Hart, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Cartledge and Lanier of Richmond-
House Bill No. 434. A bill to amend the Code as to - the payment of the proceeds of Life and/or Indemnity
Insurance, and for other purposes. Referred to Committee on General Judiciary No. 1.
By Messrs. Cartledge and Lanier of Richmond-
House Bill No. 435. A bill to amend the Code as to the sum exempt from garnishment, and for other purposes.
Referred to Committee on General Judiciary No. 2.
THURSDAY, JuLY 23, 1931.
693
By Mr. Paulk of Turner-
House Bill No. 436. A bill to amend an Act incorporating the City of Ashburn, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Still of Fulton-
House Bill No. 437. A bill to amend the Act establishing the Municipal Court of Atlanta, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Eckford of Fulton-
House Bill No. 438. A bill to prevent hotels, etc., from being defrauded, and for other purposes.
Referred to Committee on State of the Republic.
By Messrs. Eckford and McRae of Fulton-
House Bill No. 439. A bill to amend an Act creating a new charter for the City of East Point, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Eckford and McRae of Fulton-
House Bill No. 440. A bill to amend an Act creating a new charter for the City of East Point, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Davis and Mooty of Troup--
.
House Resolution No. 62-440a. A resolution for relief
and refund of illegal tax, and for other purposes.
Referred to Committee on State of the Republic.
694
JouRNAL OF THE HousE,
Mr. Rosser of Walker 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 Senate and has instructed me, as chairman, to report the same back to the House with the recommendation that:
Senate Bill No. 33 do pass by substitute.
House Bill No. 428 do pass.
House Bill No. 55 do pass by substitute.
House Bill No. 212 do not pass.
House Bill No. 213 do not pass.
Respectfully submitted, RossER of Walker, 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 bill of the House and has instructed me, as chairman, to report the same back to the House with the recommeRdation that:
House Bill No. 393. An Act to stop payment of S600.00 per annum from the State public school fund to each County School Superintendent on his salary. Do not pass.
Respectfully submitted,
DAVIS of Floyd, Chairman.
THURSDAY, JuLY 23, 1931.
695
Mr. Tippins of Evans County, Chairman of the Committee on Railroads, submitted the following report:
Mr. Speaker:
Your Committee on Railroads 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:
House Bill No. 300 do pass by substitute.
House Bill No. 301 do pass by substitute.
Respectfully submitted,
TIPPINS of Evans,
Chairman.
Mr. Meredith of Muscogee County, Chairman of the Committee on Western and Atlantic Railroad, submitted the following report:
Mr. Speaker:
Your Committee on Western and Atlantic Railroad 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:
House Resolution No. 25-191a do pass.
Respectfully submitted,
MEREDTTH of Muscogee,
Chairman.
By unanimous consent, the following bills and resolution of the House, favorably reported, were read the second time:
696
JouRNAL OF THE HousE,
By Mr. Nelson of Laurens-
House Bill No. 55. A bill to amend the Constitution relative to the exemption of property from taxation, and for other purposes.
By Mr. Myrick of Chatham-
House Bill No. 300. A bill to define and regulate the carriage for hire over the highways of this State, and for other purposes.
By Mr. Myrick of Chatham-
House Bill No. 301. A bill prescribing conditions under which common carriers by motor vehicles are permitted to operate, and for other purposes.
By Messrs. Rosser of Walker, Mooty of Troup, and Huddleston of Meriwether-
Hause Bill No. 428. A bill to amend the Constitution, providing for the veto by the Governor of all bills passed by the General Assembly, and for other purposes.
By Messrs. McRae of Fulton, Gullatt of Campbell, and Still of Fulton-
House Resolution No. 25-19h. A resolution extending the authority and powers of the Western and Atlantic Railroad Commission, and for other purposes.
By unanimous consent, the following bill of the Senate, favorably reported, was read the second time:
By Messrs. McWhorter of the 50th District and Moore of the 47th District-
Senate Bill No. 33. A bill to amend the Constitution, so as to authorize the General Assembly to classify intangible property, and forest lands for taxation, and for other purposes.
THURSDAY, JuLY 23, 1931.
697
By unanimous consent, the following bills of the House were read the third time and placed upon their passage:
By Mr. Hutcheson of Walker-
House Bill No. 225. A bill to be entitled an Act to abolish the office of Tax Receiver and Tax Collector of Walker County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 118, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Hutcheson of Walker-
House Bill No. 226. A bill to be entitled an Act to abolish the Board of Commissioners of Roads and Revenue of the County of Walker, and for other purposes.
The report 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 consti tu tional majority was passed.
By Mr. Hutcheson of Walker-
House Bill No. 227. A bill to be entitled an Act to create the office of Commissioner of Roads and Revenues of the County of Walker, and for other purposes.
The report 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.
698
JouRNAL OF THE HousE,
By Mr. Edwards of Gilmer-
House Bill No. 232. A bill to be entitled an Act to change the time of holding the Superior Court of Gilmer County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 121, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Stewart of Coffee-
House Bill No. 260. A bill to be entitled an Act to repeal an Act to create a Board of Commissioners of Roads and Revenues for the County of Coffee, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 122, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Townsend of Dade-
House Bill No. 326. A bill to be entitled an Act to abolish the office of Treasurer of Dade County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 123, nays 0.
The bill having received the requisite constitutional majority was passed.
THURSDAY, JuLY 23, 1931.
699
By Messrs. Harris of Terrell and Moye of Randolph-
House Bill No. 330. A bill to be entitled an Act to change the county line between Randolph and Terrell Counties, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 124, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Dorsett of CarrollHouse Bill No. 336. A bill to be entitled an Act to
repeal certain sections of the City Charter of Carrollton, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 125, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Barrett of WhiteHouse Bill No. 339. A bill to be entitled an Act to
create the office of County Treasurer of White County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 126, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Carlisle of GradyHouse Bill No. 358. A bill to be entitled an Act to
700
JouRNAL oF THE HousE,
change the time of holding the Superior Court of Grady County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 127, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Simmons of Decatur-
House Bill No. 382. A bill to be entitled an Act to amend an Act establishing the City Court of Bainbridge, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 128, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Griffin and Simmons of Decatur-
House Bill No. 383. A bill to amend an Act relative to the salary of the Treasurer of Decatur County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 129, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Griffin and Simmons of Decatur-
House Bill No. 384. A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Decatur County, and for other purposes.
THURSDAY, jULY 23, 1931.
701
The report 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. Cartledge, Lanier, and Lester of Riehm< nd-
House Bill No. 386. A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Richmond, and for other purposes.
On the passage of the bill, the ayes were 131, nays 0.
The bill having received the requsite constitutional majority was passed.
By unanimous consent, the following bill of the Senate, was read the third time, and placed upon its passage:
By Mr. Beck of the 37th District-
Senate Bill No. 25. A bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector in the County of Carroll, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 132, nays 0.
The bill having received the requisite constitutional majority was passed.
Because of the fact that he voted under a misapprehension, Mr. Bush of Miller asked unanimous consent that he be allowed to change his vote from No to Aye on House Bill No. 194.
The request was granted.
702
JouRNAL OF THE HousE,
Mr. Alexander of Chatham asked unanimous consent that House Bill No. 359 be withdrawn from the Committee on General Judiciary No. 1 and recommitted to the Committee on Ways and Means.
The request was granted.
Under call of the Chairman of the Committee on Appropriations, the following bill of the House was taken up for consideration and read the third time:
By Mr. Culpepper of FayetteHouse Bill No. 147.
A BILL
To be entitled an Act to make for the last half of the fiscal year 1931 and for the fiscal years 1932 and 1933, appropriations for the maintenance and outlay of the State Departments, Boards, Commissions, Bureaus, Public Institutions and Educational Interests of the State and for the payment of the public debt and interest thereon. 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 hereinafter set out, which shall be in full payment and in lieu of all other appropriations and/or allocations specified or implied by law for the purposes stated, other than by an allotment from the Governor's special emergency appropriation, be and the same are hereby appropriated for the last half of the fiscal year 1931 and the fiscal years 1932 and 1933.
THuRSDAY, JuLY 23, 1931.
703
PART 1-FOR FISCAL YEARS 1932 AND 1933
DIVISION "A"
STATE DEPARTMENTS, BOARDS, COMMISSIONS AND BUREAUS
Year 1932
Year 1933
SECTION 1. EXECUTIVE DEPARTMENT.
(a) Maintenance ....... $ 30,000.00 $ 30,000.00
Provided that from the above appropriation there shall be paid: the salaries in the Executive Department, the expenses of the Governor, incurred in the transaction of the business of the State and such expenses shall include the actual travel expenses of any clerical help the Governor may deem necessary, the expenses of an automobile for the use of the Governor, the expenses for entertainment of visiting executives of other States and other distinguished guests of the State, and all other expenses incurred in the operation of the department.
(b) Insurance on public property. . . . . . . .
170,000.00
5,000.00
Provided, that from the above amount appropriated for the fiscal year 1932 the sum of $165,000.00 or so
704
JouRNAL OF THE HousE,
much thereof as may be necessary be expended for insurance premiums on State property to be renewed in January 1932. Provided further, that from the above amount appropriated the sum of $5,000.00 per annum or so much thereof as may be necessary, be expended for payment of insurance on public property. As provided by Act of 1882-1883, page 27.
Year 1932
Year 1933
(c) For rewards ........ $
2,500.00 $
2,500.00
(d) For Publishing Constitutional Amendments
The Governor is hereby authorized to set up an allotment payable out of the emergency appropriation in sufficient amount to defray the cost of publishing Constitutional Amendments as prescribed by law.
(e) Emergency Appropriation .......... .
200,000.00
200,000.00
Provided, the above amount appropriated shall not be directly disbursed in payment of any obligation of the State but shall be allotted to the units of the State in case of an emer-
THURSDAY, }ULY 23, 1931.
705
gency, said allotment to be transferred to the credit of the unit with which the emergency arises, shall be allotted as according to law, Acts 1931, page 98, Section 8. Provided further, that the unused portion of the above appropriation on December 31, each year shall lapse and cease to be available.
Year 1932 Year 1933
SECTION 2. AGRICULTURE, DEPARTMENT OF.
(a) Maintenance ....... $ 365,000.00 $ 355,000.00
Provided, from the above amount appropriated shall be expended the necessary amounts to carry out the entire duties of the department such as: administration, collection of agricultural statistics, execution of pure food and drug Act, chemical laboratory, State Veterinarian, protection of livestock from contagious and infectious diseases, combating outbreaks of hog cholera and distributing serum, exterminating cattle tick, maintaining an effective quarantine along the border of the States of Georgia, Florida and Alabama to prevent reinfestation of the
706
JouRNAL oF THE HousE,
tick-free area of Georgia with the cattle-fever tick, for the maintenance of the Bureau ofMarkets, the eradication of tuberculosis in domestic animals, fertilizer inspection, feed inspection, fruit inspection, dairy products inspection and all other activities germane to the Department of Agriculture.
Year 1932 Year 193:3
SECTION 3. ARCHIVES AND HISTORY, DEPARTMENT OF
(a) Maintenance ....... $
6,750.00 $
6,750.00
SECTION 4. ARCHITECTS, STATE BOARD FOR THE EXAMINATION AND REGISTRATION OF.
(a) Maintenance
To be maintained by the amount of fees collected from applicants for examination as prescribed by law.
SECTION 5. ATTORNEY-GENERAL, DEPARTMENT OF
(a) Maintenance ....... $ 10,000.00 $
Provided, that from the above amount appropriated shall be paid the salaries as prescribed by law and any expenses incurred by the
10,000.00
THUB.SDAY, JuLY 23, 1931.
707
Year 1932
operation of .the department.
Year 1933
SECTION 6. AUDITS, DEPARTMENT OF. (a) Maintenance ....... $ 33,000.00 $ 33,000.00
SECTION 7. BANKING,!DEPARTMENT OF.
(a) Maintenance
To be maintained by the amount of fees, fines, etc., collected as prescribed by law. Provided, that the salary of the Superintendent of Banks shall not exceed the sum of seven thousand two hundred dollars per annum.
SECTION 8. BAR EXi\.MINERS, STATE BOARD OF.
(a) Maintenance
To be maintained by the amount of fees collected from appl!cants for examination as prescribed by law.
SECTION 9. BARBER EXAMINERS, STATE
BOARD OF.
(a) Maintenance
To be maintained by the amount of fees collected from applicants for examination as prescribed by law.
708
JouRNAL OF THE HousE,
SECTION 10. CHIROPRACTIC EXAMINERS, STATE BOARD OF.
Year 1932. Yea
(a) Maintenance
To be maintained by the amount of fees collected from applicants for examination as prescribed by law.
SECTION 11. COMMERCE AND LABOR,
DEPARTMENT OF
s (a) Maintenance ....... $ 10,500.00
1
SECTION 12. COMPTROLLER-GENERAL, DEPARTMENT OF.
(a) Maintenance ....... $ 120,000.00 $ 12
Provided, that from the above amount appropriated shall be expended the necessary amounts to carry out the entire duties of the department, with the exception of the expense incurred by the administration and collection of the MotorCarriers Tax Act, at such time as the amount neces- sary to carry out the provisions of Motor-Carriers Tax Act can be determined, the Comptroller-General may request an allotment from the Governor's emergency appropriation.
THURSDAY, JuLY 23, 1931.
709
Provided further, that the Comptroller-General is hereby a.uthoriud and directed to pay into the general fund of the State Treasury
U of 1% of the gasoline and
kerosene taxes collected to cover the cost of collection and the expense of the oil-inspection bureau, which expense is provided for by the above appropriation.
Provided further, that the Comptroller-General is hereby authoriud and directed to pay into the general fund of the State Treasury the tax of one-tenth of one per cent.on premiums offireinsurance companies doing business in this state levied for the purpose of maintaining a State Fire-Inspection Department, which expense is provided for by the above appropriation.
Provided further, that out of the above appropriation the Comptroller-General shall receive a salary not to exceed $6,200.00 per annum.
SECTION 13. DENTAL EXAMINERS, STATE BOARD OF.
(a.) Maintenance
710
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To be maintained by the amount of fees collected from applicants for examination as prescribed by law.
Year 1932
Year 1933
SECTION 14. EMBALMING, STATE BOARD OF.
(a) Maintenance
To be maintained by the amount of fees collected from applicants for examination.as prescribed by law.
SECTION 15. EDUCATION, DEPARTMENT OF.
(a) Maintenance ....... $ 170,000.00 $ 170,000.00
Provided, that from the above amount appropriated the sum of $96,600.00 per annum shall be expended for the payment of Cpunty School Superintendents of the State.
(b) General Fund
Grants .
For the support and main-
tenance of the Common or Public Schools of the State. .
4,237,000.00
4,237,000.00
Provided, that of the above amount appropriated $20,000.00 per annum shall be devoted to the holding of teachers institutes and training teachers in the service of the State under the
Tau:a.sDAY, JuLY 23, 1931.
711
direction of the State Superintendent of Schools. Provided further, that the above amount appropriated includes the receipts from polltax.
Provided further, that of the above amount appropriated $500,000.00 per annum shall be used for the purpose of aiding consolidated schools as provided for by the Acts of 1927, page 157. (Barrett-Rogers Act.)
Provided further, that of the above amount appropriated $3,500.00 per annum shall be devoted to maintaining a public school for children confined in the State Sanatorium for tubercula.r pa.tients.
(c) AllocatedFund Grants
For the Common School equaliza.tion Fund as provided by law. To be supported by the receipts from one cent (1) per gallon gasoline and kerosene tax as allocated by law less ~ of 1% allocated to general fund to cover the gasoline and kerosene tax collection and inspection expense.
Year 1932 Year 1933
712
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SECTION 16. EDUCATION, DEPARTMENT OF VOCATIONAL. Year 1932 Year 1933
(a) Maintenance ....... $ 125,000.00 $ 125,000.00
SECTION 17. EDUCATION, DEPARTMENT OF VOCATIONAL DIVISION OF INDUSTRIAL REHABILITATION.
(a) Maintenance ....... $ 25,000.00 $ 25,000.00
SECTION 18. FORESTRY, DEPARTMENT OF.
(a) Maintenance ....... $ 30,000.00 $ 30,000.00
Provided, that of the above amount appropriated there shall be expended an amount sufficient for the proper maintenance and upkeep of the State's property at Indian Springs.
Provided further, that the amount received from the privilege taxes on forest industries, heretofore allocated for the use of the Forestry Department, shall be paid to the general fund of the State Treasury.
SECTION 19. GAME AND FISH, DEPARTMENT OF.
(a) Maintenance
To be maintained by the collections from licenses and fines, as according to law.
T:su:asDAY, JuLY 23, 1931.
713
SECTION 20. GEOLOGY, DEPARTMENT OF.
Year 1932
Year 1933
(a) Maintenance ....... $ 15,000.00 $ 15,000.00
SECTION 21. HEALTH, STATE BOARD OF.
(a) Maintenance ....... $ 148,000.00 $ 1481000.00
SECTION 22. HIGHWAY DEPARTMENT.
(a) Maintenance and Construction
To be supported by the Motor Vehicle Fees, Motor Carriers registration a.nd license fees and pro rata of gasoline tax collected leu ~ of 1% allocated to the genera.! fund to cover the cost of collection and inspection .
.SECTION 23. HORTICULTURE AND ENTOMOLOGY, STATE BOARD OF.
(a) Maintenance .......$ 68,000.00 $ 68,000.00
Provided, that from the above amount appropriated shall be expended the necessary a.mounts to carry out the entire duties of the department.
Provided further, that the amount of certificate tag fee collections shall be paid into the general fund of the State Treasury.
714
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SECTION 24. INDUSTRIAL COMMISSION.
Year 1932 Year 1933
(a) Maintenance
To be maintained by the collection of an assessment levied upon the gross earnings of insurance companies writing workmen's compensation insurance and upon employers who are permitted by the Industrial Commission to pay compensation insurance direct.
SECTION 25. LIBRARY, STATE.
(a) Maintenance ....... $ 9,000.00 $
Provided, that in addition to the above sums appropriated the full sum derived from fees for commissioning notaries public at large shall be used to supplement the salary of the State Librarian as provided by Acts 1926, page 137.
(b) Purchase of Books and printing and distribution of court reports ........... .
13,000.00
9,000.00 13,000.00
SECTION 26. LIBRARY COMMISSION.
(a) Maintenance .......$ 8,300.00 $
(b) Purchase of Books. .
1, 700.00
8,300.00 1,700.00
THURSDAY, jULY 23, 1931.
715
SECTION 27. MILITARY DEPARTMENT.
Year 1932 Year 1933
(a) Maintenance .......$ 18,000.00 s 18,000.00
(b) Maintenance Military Organizations .
20,000.00
20,000.00
SECTION 28. MEDICAL EXAMINERS, STATE BOARD OF.
(a) Maintenance
To be maintained by fees collected from applicants for examination as prescribed by law.
SECTION 29. NAVAL STORES INSPECTION.
(a) Maintenance
To be maintained by fees collected for inspection of naval stores.
SECTION 30. NURSES, STATE BOARD OF E:Xi\MINERS FOR.
(a) Maintenance
To be maintained by fees collected from applicants for examination and registration as prescribed by law.
SECTION 31. OPTOMETRY, STATE BOARD OF EXAMINERS IN.
(a) Maintenance
To be maintained by fees collected from applicants
716
JouRNAL oF THE HousE,
far examination as prescribed by law.
Year 1932 Year 1933
SECTION 32. OSTEOPATHIC EXAMINERS, STATE BOARD OF.
(a) Maintenance
To be maintained by fees collected from applicants for examination as prescribed by law.
SECTION 33. PHARMACY, STATE BOARD OF.
(a) Maintenance
To be maintained by fees collected from applicants of examination as prescribed by law.
SECTION 34. PUBLIC ACCOUNTANTS, STATE BOARD OF EXAMINERS.
(a) Maintenance
To be maintained by fees collected from applicants for examination as prescribed by law.
SECTION 35. PENSIONS, DEPARTMENT OF.
(a) Maintenance
The State Treasurer of Georgia is hereby authorized and directed to pay out of the receipts derived from the cigar and cigarette
THURSDAY, }ULY 23, 1931.
717
tax, the sum of twenty thousand dollars per annum to defray the en tire expenses incurred by the operation of the Pension Department and to pay any fees due county ordinaries for pension work.
Year 1932
(b) Pensions
Provided, that the entire sum derived from the cigar and cigarette tax with the exception, of the twenty thousand dollars per annum as provided in Item (a), this section, be allocated for the payment of pensions of Confederate Soldiers and their widows entitled thereto by law at the rate of $30.00 per month, payable monthly for each of years 1932 and 1933.
Year 1933
SECTION 36. PRINTING, DEPARTMENT OF. (a) Maintenance ....... $ 6,500.00 $ 6,500.00
SECTION 37. PRISON COMMISSION. (a) Maintenance ....... S 34,000.00 $
34,000.00
SECTION 38. PUBLIC BUILDINGS AND GROUNDS.
(a) Maintenance ...... .$ 60,000.00 $ 60,000.00
Provided, that from the a b o v e appropriation
718
JouRNAL o:r THE HousE,
$1,000.00 per annum or so much as may be necessary be expended for maintaining the Confederate Cemetery at Marietta.
Provided further, that the balance of the above sum appropriated shall be expended for the maintenance and upkeep of the Capitol and Mansion buildings and grounds and furnishing the necessary household equipment and for defraying any expense incurred in the operation of the Mansion.
Year 1932 Year 19::\3
SECTION 39. PUBLIC SERVICE COMMISSION.
(a) Maintenance
To be maintained under the Act of 1922, which provides that $70,000.00 shall be raised annually for the support of the commission from fees collected from public service corporations coming under their jurisdiction.
Provided further, that the above sum shall be supplemented for the purpose of supplying funds for defraying the extra expense incurred by the operations in
THURSDAY, JuLY 23, 1931.
regulating motor transportation for hire, from the fees derived therefrom.
Year 1932
719 Year 1933
SECTION 40. PUBLIC WELFARE, DEPARTMENT
OF.
s (a) Maintenance ....... $ 30,000.00
30,000.00
SECTION 41. REAL ESTATE COMMISSION.
(a) Maintenance
To be maintained by the amount of fees collected from licenses, etc., as prescribed by law.
SECTION 42. REVENUE, DEPARTMENT OF.
(a) Maintenance ....... $ 85,000.00 $ 85,000.00
(b) Purchase of Revenue Stamps ...... .
20,000.00
20,000.00
SECTION 43. ROSTER COMMISSION. (a) Maintenance ....... $ 4,000.00 $
4,000.00
SECTION 44. SECRETARY OF STATE, DEPARTMENT OF
(a) Maintenance ....... $ 175,000.00 S
For defraying the expenses incurred in the opera- tions of the offices of Secretary of State, Corporation Commissioner and Motor Vehicles Commissioner.
175,000.00
720
JouRNAL OF THE HousE,
Provided, that from the above sum appropriated the Secretary of State shall receive a salary not to exceed five thousand dollars per annum.
Provided further, that the Secretary of State is hereby authorized and directed to pay into the general fund of the State Treasury 5% of the total net collections derived from the Motor Vehicle Act which expense of collecting is provided for in the above appropriation.
Year 1932 Year 1933
SECTION 45. SECURITIES COMMISSION.
{a) Maintenance
To be maintained by the amount of funds derived from the collection of license fees, etc. from corporations as prescribed by law.
SECTION 46. TAX COMMISSIONER,
DEPARTMENT OF.
s (a) Maintenance ...... .$ 85,500.00
To defray the expense incurred in the operation of the entire duties imposed on the Tax Commissioner.
85,500.00
THURSDAY, }ULY 23, 1931.
721
SECTION 47. TREASURY, DEPARTMENT OF.
Year 1932 Year 1933
(a) Maintenance ....... $ 29,800.00 $ 29,800.00
Provided, from the above, the State Treasurer-Bond Commissioner shall receive a salary not to exceed six thousand dollars per annum and the Assistant State Treasurer-Bond Commissioner shall receive a salary not to exceed four thousand eight hundred dollars per annum, and the sum expended for clerical assistance shall not exceed the sum of sixteen thousand dollars per annum and the balance of the appropriation to be expended for the general expense of operating the department.
(b) Public Debt and Interest
(b-1) Funded debtPrincipal and Interest .......... .
312,309.14
367,809.14
(b-2) Interest on temporary loans ........ .
200,000.00
165,000.00
(b-3) Western and Atlantic Rental Discount Redemption
The proceeds from the Rental of the Western and
722
JouRNAL oF THE HousE,
Atlantic Railroad are hereby set aside as a special fund to be transferred monthly to the trustees of the Western and Atlantic Railroad rentals by the State Treasurer.
Year 1932
Year 1933
(c) Grants
Payable to the various counties of the State to be used exclusively for the maintenance and construction of public roads, funds derived from a tax of one cent per gallon on motor
fuels, less ;1 of 1% allocated
to general fund to cover the gasoline and kerosene tax collection and inspection expense, to be distributed by the State Treasurer on the basis of the pro rata part of the State aid systein road mileage in said county to the en tire system.
SECTION 48. VETERANS' SERVICE OFFICE.
(a) Maintenance ....... $ 15,000.00 $ 15,000-00
SECTION 49. VETERINARY EXAMINERS, STATE BOARD OF
(a) Maintenance
To be maintained by the amount of fees collected from applicants for examination as prescribed by law.
THURSDAY, }ULY 23, 1931.
723
DIVISON "B"
STATE INSTITUTIONS
:SECTION 50. MILLEDGEVILLE STATE HOSPITAL.
Year 1932 Year 1933
(a) Maintenance ....... $ 1,200,000.00 $ 1,200,000.00
SECTION 51. GEORGIA TRAINING SCHOOL FOR MENTAL DEFECTIVES.
(a) Maintenance ....... $ 65,000.00 $ 65,000.00
Provided, that the above sum appropriated shall be expended at the direction of the State Board of Health.
SECTION 52. STATE TUBERCULOSIS SANATORIUM.
(a) Maintenance ....... $ 240,000.00 $
Provided, that the above sum appropriated shall be expended at the direction of the State Board of Health.
240,000.00
SECTION 53. TRAINING SCHOOL FOR BOYS. (a) Maintenance ....... $ 47,500.00 $ . 47,500.00
SECTION 54. TRAINING SCHOOL FOR GIRLS.
s (a) Maintenance ....... S 44,000.00
44,000.00
SECTION 55. ACADEMY FOR THE BLIND. (a) Maintenance ....... $ 43,000.00 $ 43,000.00
72-!
JouRNAL OF THE HousE,
SECTION 56. SCHOOL FOR THE DEAF.
(a) Maintenance ....... $
'Year 1932 Year 1933
90,000.00 s 85,000.00
SECTION 57. PRISON FARM.
(a) Maintenance ....... S 89,500.00 S
Provided, that the above amount appropriated be expended under the direction of the Prison Commission.
89,500.00
SECTION 58. COKFEDERATE SOLDIERS' HOME.
(a) Maintenance ....... $ 35,000.00 s 35,000.00
Provided, that of the above amount appropriated $3,000.00 or so much thereof as is necessary be expended for a special weekly allow- ance for inmates of the Home as prescribed by law.
DIVISION "C"
AGRICULTURAL EXPERIMENT STATIONS
SECTION 59. COASTAL PLAIN EXPERIMENT STATION.
(a) Maintenance ....... $ 50,000.00 $ 50,000.00
Provided, that out of the above sums appropriated there shall be operated a substation at Darien for the purpose of experimental and research work on there-
THURSDAY, }ULY 23, 1931.
725
claimed rice field and lowlands in the coastal counties of Georgia.
Year 1932
Year 1933
SECTION 60. GEORGIA AGRICULTURAL EXPERIMENT STATION.
(a) Maintenance ....... S 12,500.00 $ 12,500.00
DIVISION "D"
UNIVERSITY SYSTEM
SECTION 61. UNIVERSITY OF GEORGIAAthens.
(a) Maintenance ....... $ 231,000.00 $ 231,000.00
Provided, that from the above sum appropriated the amount of $10,000.00 or so much thereof as may be necessary may be expended for maintaining a summer school.
SECTION 62. GEORGIA SCHOOL OF TECHNOLOGY -Atlanta.
(a) Maintenance ....... $ 257,000.00 $ 257,000.00
SECTION 63. STATE COLLEGE OF AGRICULTURE -Athens.
(a) Maintenance ....... S 194,000.00 $ 194,000.00
Provided, that from the above sum appropriated there may be expended the amounts necessary for re-
726
JouRNAL OF THE HousE,
search and extension work in co-operation with the U. S. Department of Agriculture, for matching and meeting the requirements of said above stipulated purposes, and for holding field meetings and farmers institutes.
Year 1932 Year 1933
(b) For agricultural research and extension work to match Federal SmithLever Act allotments....... $
157,000.00 $
157,000.00
Provided, that this appropriation shall be used to meet the requirements of what is known as the SmithLever Act.
SECTION 64. SOUTH GEORGIA TEACHERS COLLEGE-Statesboro.
(a) Maintenance ....... $ 68,000.00 $ 68,000.00
Provided, that from said sum a summer school rnay be operated.
SECTION 65. GEORGIA STATE COLLEGE FOR
MEN-Tifton.
s (a) Maintenance ....... S 51,000.00
51,000.00
Provided, that from said sum a summer school may be operated.
SECTION 66. STATE AGRICULTURAL AND NORMAL COLLEGE-Americus.
(a) Maintenance ....... $ 34,000.00 $ 34,000.00
THURSDAY, JuLY 23, 1931.
727
SECTION 67. FOURTH DISTRICT A. & M. SCHOOLCarrollton.
(a) Maintenance ....... $
Year 1932 Year 1933
s 15,000.00
15,000.00
SECTION 68. GEORGIA VOCATIONAL AND TRADES SCHOOL-Monroe.
(a) Maintenance ....... S 15,000.00 S 15,000.00
SECTION 69. GEORGIA INDUSTRIAL COLLEGE-
Barnesville.
s (a) Maintenance ....... S 15,000.00
15,000.00
SECTION 70. SEVENTH DISTRICT A. & M. SCHOOL -Powder Springs.
s (a) Maintenance ....... $ 15,000.00
15,000.00
SECTION 71. EIGHTH DISTRICT A. & M. SCHOOL
-Madison.
s (a) Maintenance ....... $ 15,000.00
15,000.00
SECTION 72. NINTH DISTRICT A. & M. SCHOOLClakesville.
(a) Maintenance ....... $ 15,000.00 $ 15,000.00
SECTION 73. TENTH DISTRICT A. & M. SCHOOLGranite Hill.
(a) Maintenance ....... $ 15,000.00 $ 15,000.00
SECTION 74. SOUTH GEORGIA STATE COLLEGEDouglas.
(a) Maintenance ....... $ 42,500.00 $ 42,500.00
728
JouRNAL OF THE HousE,
SECTION 75. MIDDLE GEORGIA COLLEGECochran.
Year 1932
Year 1933
(a) Maintenance ....... $ 42,500.00 $ 42,500.00
SECTION 76. BOWDON STATE NORMAL AND INDUSTRIAL COLLEGE.
(a) Maintenance ....... $ 23,000.00 $ 23,000.00
SECTION 77. GEORGIA STATE WOMAN'S COLLEGE
-Valdosta.
s (a) Maintenance ....... $ 72,000.00
72,000.00
SECTION 78. GEORGIA STATE COLLEGE FOR WOMEN-Mil edgeville.
(a) Maintenance ....... S 189,000.00 $ 189,000.00
Provided, that out of the above sum appropriated may be expended amounts necessary to maintain a summer school and carry on extension work.
SECTION 79. GEORGIA STATE TEACHERS COLLEGE-Athens.
(a) Maintenance ....... $ 127,500.00 S 127,500.00
SECTION 80. MEDICAL COLLEGE-Augusta.
(a) Maintenance ....... S
Provided, that out of the above sum appropriated shall be expended an amount necessary to teach hygiene and public health.
85,000.00 $
85,000.00
THURSDAY, JuLY 23, 1931.
729
SECTION 81. NORTH GEORGIA COLLEGEDahlonega.
Year 1932 Year 1933
(a) Maintenance ....... $ 42,500.00 $ 42,500.00
SECTION 82. FORSYTH A. & M. SCHOOL. (a) Maintenance ....... S 12,500.00 $ 12,500.00
SECTION 83. GEORGIA NORMAL AND AGRICULTURAL COLLEGE-Albany.
(a) Maintenance ....... $ 43,000.00 $ 43,000.00
Provided, that out of the above sum appropriated may be expended amounts necessary to operate a summer school for colored teachers.
SECTION 84. GEORGIA STATE INDUSTRIAL COLLEGE-Savannah.
(a) Maintenance ....... $ 49,000.00 s 49,000.00
SECTION 85. GEORGIA MILITARY COLLEGEMilledgeville.
(a) Maintenance ....... $
8,500.00 S
8,500.00
Provided, that the appropriations in this Division are to be made to the University Trustees, and requisitions shall be made through that board; provided also, that the educational institutions named in this Division are hereby authorized to
730
JouRNAL OF THE HousE,
charge reasonable fees for tuition should same be necessary for the support of such institutions.
Year 1932 Year 193:~
DIVISION "E"
JUDICIAL DEPARTMENT
SECTION 86. SUPREME COURT.
(a) Maintenance ....... $ 72,900.00 $
Provided, that from the above sum shall be paid the salaries of the Justices, Court Reporters, Stenographers and Sheriff as prescribed by law, $3,500.00 for the operating expenses and travel expense of assigned Judges and $3,000.00 for all fees due to Clerk of Supreme Court in pauper <:ases upon proper showing to the Governor.
72,900.00
SECTION 87. COURT OF APPEALS.
(a) Maintenance ....... $ 73,900.00 $
Provided, that from the above sum shall be paid the salaries of the Judges, Court Reporters, Stenographers and Sheriff as prescribed by law, $4,500.00 for the purchase of books and supplies and the payment of travel
73,900.00
THURSDAY, JuLY 23, 1931.
7.)1
expenses of assigned J udges and $3,000.00 for all fees due the Clerk of the Court of Appeals in pauper criminal cases upon proper showing to the Governor.
Year 1932
Year 1933
SECTION 88. SUPERIOR COURT.
(a) Maintenance ....... $ 198,750.00 $
Provided, that from the above sum shall be paid the salaries of the Judges and Solicitors-General, as prescribed by law and the travel expenses of assigned Judges.
(b) Solicitors-General Fees ............. .
8,000.00
For the payment of fees due Solicitors-General in criminal cases before the Supreme Court and Court of Appeals such amounts as may be due them under the terms of the fee bill.
198,750.00 8,000.00
DIVISION "F"
LEGISLATIVE DEPARTMENT
SECTION 89. LEGISLATIVE DEPARTMENT.
(a) Maintenance. . . . . . . . . . . . . . . . . . . . $ 160,000.00
Provided, that from the above amount appropriated
732
JouRNAL OF THE HousE,
Year 1932 Year 10:~3
shall be paid the following:
1. Compensation of the President of the Senate and the Speaker of the House of Representatives,
per diem each. . . . . . . . . . . . . . . . . . . . . . . S
10.00
2. Compensation of
the members of the Senate
and House of Representa-
tives, per diem each ................. .
7.00
3. Mileage allowance to the President of the Senate, Speaker of the House of Representatives, members of the Senate and House of Representatives, at the rate of ten cents per mile.
4. Compensation of the Secretary of the Senate, per diem ....................... .
60.00
Provided, that from the above sum shall be paid all clerical expenses of the Senate.
5. Compensation of the Clerk of the House of Representatives, per diem ............ .
70.00
Provided, that from the above sum shall be paid all clerical expenses of the House of Representatives.
THURSDAY, JuLY 23, 1931.
Year 1932
6. Compensation of the Messenger of the Senate and of the Messenger of the House of Representatives, per diem each ............... .
7. Compensation of the Doorkeeper of the Senate and of the Doorkeeper of the House of Representatives, per diem each .............................. .
8. Mileage allowance to the Messenger of the House of Represen tatives, Doorkeeper of the Senate and the House of Representatives at the rate of ten cents per mile.
9. Compensation of Doorkeepers, assistant messengers, and other attaches of the Senate and House of Representatives not otherwise provided for, such sums as rnay be authorized by resolution of either branch of the General Assembly for the session of 1933.
10. Incidental expenses of the Senate and of the House of Represen tatives for the session of 1933, each .......................... .
Year 1933 7.00 7.00
250.00
JouRNAL OF THE HousE,
Year 1932 11. For indexing Senate and House Journals for the session of 1933, each .............................. .
12. For printing, stationery, incidental supplies, furniture repairs and replacements for the session of 1933 to be paid on the approval of the Secretary of the Senate and the Clerk of the House of Representatives or so much thereof as may be necessary the sum of............ .
13. For the expenses of the legislative committees while visiting the various institutions and properties of the State during the session and for the expense and per diem of ad interim committees when authorized by the chairman of such committee to make visit, the sum of. .............. .
Year 1933
s
200.00
5,000.00
5,000.00
PART II-FOR LAST HALF OF FISCAL YEAR
1931
DIVISION "A".-EXECUTIVE DEPARTMENT
SECTION 1. GOVERNOR'S OFFICE.
(a) For a general printing fund to be ex-
Year 1931
THURSDAY, JuLY 23, 1931.
735
pended under the direction of the Governor, for the printing expenses of the various constitutional offices as provided by law ....
Year 1931 20,000.00
SECTION 2. DEPARTMENT OF AGRICULTURE.
(a) For the purpose of eradicating tuber. culosis in domestic animals. . . . . . . . . . . .
$ 4,000.00
SECTION 3. PUBLIC BUILDINGS AND GROUNDS.
(a) For the upkeep fund of the public buildings and grounds. . . .
$ 20,000.00
SECTION 4. DEPARTMENT OF EDUCATION.
(a) For the use of the State Board of Vocational Education to meet the requirements of the Act of Congress, approved August 23, 1917. . . .
S 62,500.00
{b) For the use of the State Board of Vocational Education to meet the requirements of the Act of Congress approved June 2, 1920, for Vocational Rehabilita-
736
JouRNAL OF THE HousE,
tion of disabled persons under authority of an Act of legislature approved August 16,1920...... .
Year 19:31
s 12,500.00
SECTION 5. EDUCATIONAL INSTITUTIONS.
(a) For the State College ofAgriculture. . . . . .
$ 78,500.00
Provided, that this appropriation shall be used to meet the requirements of what is known as the SmithLever Act.
Be it further enacted by the authority aforesaid that all appropriations made herein which shall become due and are not called for in writing or by requisition in writing upon the proper authorities within the two months after the expiration of the fiscal year for which said appropriations are made, unless otherwise specified within this Act, shall not be paid by the State Treasurer but shall lapse or cease to be available.
Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Culpepper of Fayette moved that the Committee of the Whole House be instructed by the House to report House Bill No. 147 back to the House without increasing the sum of money appropriated in the aggregate to exceed $10,900,000.00.
Mr. Jones of Burke moved the previous question, and the call was sustained.
The main question was ordered.
THURSDAY, JuLY 23, 1931.
737
The motion prevailed.
The House was resolved into the Committee of the Whole House and the Speaker designated Mr. Gillen of Bibb, the Speaker Pro Tern., as the chairman thereof.
The Committee of the Whole House arose and through its chairman reported progress and asked leave to sit again.
Mr. Culpepper of Fayette moved that when this House adjourn, it stand adjourned until 3:00 o'clock, P.M., today; the motion prevailed.
The privileges of the floor were granted to Hon. J. J. Whitfield, Mr. W. B. Richardson, Judge H. A. Basking, Mr. L. S. Harrell, all of Pulaski County, and Hon. DeLacey Allen of Albany.
Mr. Tippins of Evans moved that this House do now adjourn, and the motion prevailed.
Leave of absence was granted to Mr. Mallard of Charlton.
The Speaker announced the House adjourned until this afternoon, at 3:00 o'clock
AFTERNOON SESSION,
3:00 o'clock, P.M.
The House met again at this hour and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Under the order of unfinished business, the following bill of the House was again taken up for consideration:
738
JouRNAL OF THE HousE,
By Mr. Culpepper of Fayette-
House Bill No. 147. A bill to be entitled an Act to make for the last half of the fiscal year 1931 and for the fiscal years 1932 and 1933, appropriations for the maintenance and outlay of the State Departments, Boards, Commissions, Bureaus, Public Institutions and Educational Interest of the State, and for the payment of the public debt, and interest thereon.
The House resolved itself into the Committee of the Whole House, and the Speaker designated Mr. Gillen of Bibb, the Speaker Pro Tern., as the chairman thereof.
The Committee of the Whole House arose and through its .chairman reported progress and asked leave to sit agam.
By unanimous consent, it was agreed that when the House adjourn today, it stand adjourned until tomorrow morning, at 9:00 o'clock.
Mr. Lindsay of DeKalb moved that this House do now adjourn, ~nd the motion prevailed.
The Speaker announced the House adjourned until tomorrow morning, at 9:00 o'clock.
FRIDAY, JuLY 24, 1931.
739
REPRESENTATIVE HALL, ATLANTA, GA.,
FRIDAY, JuLY 24, 1931.
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 Hon. E. L. Adams, Representa-
tive from Towns County.
The roll was called and the following members answered to their names:
Ada,ms Alexander Allen Almand Andrews Arnold Arrington Ashley Atwood Awtrey Bargeron Barrett Battle Beaman Bean Beasley Bennett of Bacon Bennett of Jeff Davis Bland Brannen Brown Brunson Bunn Burton Bush Cain Cannon Carlisle of Bibb Carlisle of Grady Cartledge
Chalker Chambers Childs Clark Clements of Marion Clements of Telfair Cochran Collier Colson Courson Cowart Cozart Crawford Crowe Cullens Culpepper of Echols Culpepper of Fayette Davis of Floyd Davis of Jackson Davis of Mitchell Davis of Troup Dixon Donaldson Dorsett Duncan Dykes Eckford Edmondson Edwards of Gilmer Edwards of Stephens
Elliott Evans Fagan Franklin Fraser Freeman Gary Gllien Graham Grayson Green Greer Griffeth Griffin of Decatur Griffin of Wilkes Gullatt Hampton Hardin Harris Harrison of Camden Harrison of Jenkins Hatcher Hawes Hodges Holt Horne Howard of Chatt'h'chee Howard of Long Hubbard of Habersham Hubbard of Wilkinson
740
JouRNAL OF THE HousE,
Huddleston
Mercer
Hutcheson
Meredith
Hyman
Mixon
Irvin
Montgomery
James
Mooty
Johnson of Montgomery Morris
Johnson of Pike
Moye
Johnson of Seminole Mundy
Johnston
Musgrove
Jones of Burke
Myrick
Jones of Lumpkin
Nelson of Cook
Jones of Paulding
Nelson of Laurens
Kennedy
Oliver
Key
Osteen
Killebrew
Pace
Kimbrough
Parham
Kimsey
Park
King of Clay
Patten
King of Newton
Paulk
Lance
Peebles
Lanham
Phillips
Lanier
Pittard
Leathers
Pope
Lester
Powell
Lewis of Gordon
Preston
Lewis of Hancock
Purdy
Lindsay
Purvis
Logan
Rabun
Lord
Rivers
McElreath
Roberts
McGehee
Robertson
McKoy
Ross of Appling
McLeod
Ross of Dodge
McRae
Rosser
McWhorter
Sammon
Mallard
Scarbrough
Mardre
Seckinger
Mattox
Sharpe
Maynard
Shirley
Simmons Sims Sisk Skelton Spivey Stanton Stewart Still Stone Strickland of Douglas Strickland of Haralson Sutton Swain Tate Taylor Thomas Thomason Thompson Tippins Townsend Trapnell Trotter Turner Waldrop Walker of Ben Hill Walker of Brooks Walker of Morgan Walker of Screven Wall Weeks Westbrook Whittle Wilkes Williams Wilson Wood Yawn Mr. Speaker
The following message was received from the Senate
through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional
majority the following bills of the Senate, to-wit:
FRIDAY, JuLY 24, 1931.
741
By Mr. Watson of the 3rd District-
Senate Bill No. 10. A bill to be entitled an Act to abolish the office of County Game Warden; providing for the appointment of State Game Wardens and State Deputy Game Wardens, prescribing their powers and duties and fixing their compensation; prescribing fees for hunting licenses; prescribing the method of sale of hunting, fishing, and trapping licenses, and for other purposes.
By Mr. Watson of the 3rd District-
Senate Bill No. 18. A bill to be entitled an Act to amend an Act approved August 26, 1925, and being "An Act for the protection of birds, fish, game, and fur-bearing animals;" to establish seasons for hunting game; to establish bag limits; and for other purposes.
By Messrs. Neill of the 24th District, West of the 11th District, McWhorter of the 50th District, Harris of the 18th District, Duckworth of the 7th District, Hand of the 8th District, Neisler of the 23rd District, Cheatham of the 26th District, and Wallace of the 28th District-
Senate Bill No. 34. A bill to be entitled an Act to amend Article 5, Paragraph 1, Section 1 of the Constitution so as to provide for election of a Lieutenant-Governor by the people.
By Mr. Courson of the 16th District-
Senate Bill No. 35. A bill to be entitled an Act repealing Section 23 of Act No. 427 approved August 28, 1925, to allow fishing with hook and line devices prescribing a closed season during spawning season or sale and purchasing fish, prohibiting seines and other devices and allowing gill nets during the months of November, December, J anuary and February for catching carp, gar and all sucker fish and provide a penalty on violation of this law.
742
JouRNAL OF THE HousE,
By Messrs. Bennett of the 5th District and Harris of the 18th District-
Senate Bill No. 27. A bill to be entitled an Act to amend the Georgia Workmen's Compensation Act by amending Sections 15, 26, 27, 30, 43, 48, and 71 thereof.
By Mr. Knabb of the 4th District-
Senate Bill No. 38. A bill to be entitled an Act to amend an Act approved August 8, 1924, being an act to revise and amend "an Act to revise and amend the Game and Fish Laws of the State of Georgia; to create a State Board of Game and Fish, to prescribe their duties and to provide for their compensation; and for other purposes."
By Mr. Ennis of the 20th District-
Senate Bill No. 50. A bill to be entitled an Act to exempt from taxation in the State of Georgia the Houses, Lands and Equipment owned by and constituting the regular meeting places of any and all civic and/or educational and/or charitable institutions, chartered as such under the laws of the State of Georgia for one, or more than one of these purposes; providing the manner in which eligibility to such exemption shall be proven to the taxing authorities and accepted by them; and for other purposes.
By Messrs. Davis of the 31st District, Strickland of the 1st District, and Reagan of the 35th District-
Senate Bill No. 53. A bill to be entitled an Act to regulate the practice of Chiropody, Podiatry, foot practitioners in Georgia, define its practice, establish board of Chiropody examiners, and for other purposes.
By Mr. McWhorter of the 50th District-
Senate Bill No. 61. A bill to be entitled an Act to regulate the operation of trains by separate and independent
FRIDAY, JULY 24, 1931.
743
railroads, or trains operated on separate and independent divisions of the same railroads where the tracks of such independent railroads or independent divisions of the same railroads cross each other at grade, and for other purposes.
By Mr. Stark of the 43rd District-
Senate Bill No. 63. A bill to be entitled an Act to provide that all quasi public corporations of this State shall make financial reports to the State Auditor, and for other purposes.
By Mr. Dekle of the 6th District-
Senate Bill No. 64. A bill to be entitled "An Act to authorize and empower the boards of trustees of the branches of the State University to borrow money for the operation of said several schools," and for other purposes.
By Mr. West of the 11th District-
Senate Bill No. 71. A bill to be entitled an Act to amend an Act known as the Georgia \Vorkmen's Compensation Act, approved August 17, 1930, and the Acts amendatory thereof by amending Section 73 by striking the words "Insurance Commissioner" wherever they occur in said section and substituting in lieu thereof "Industrial Commission," and by striking paragraph (c) of said section in its entirety and substituting in lieu thereof an entirely new paragraph, the purpose of the amendment being to require and authorize the Industrial Commission to fix and regulate Workmen's Compensation Insurance rates instead of the Insurance Commissioner, and for other purposes.
By Mr. McWhorter of the 50th District-
Senate Bill No. 80. A bill to be entitled an Act to authorize minors to purchase shares of stock in building and loan associations, and for other purposes.
744
JOURNAL OF THE HousE,
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the reqms1te constitutional majority the following bills of the House, to-wit:
By Mr. Thomas of Wayne-
House Bill No. 6. A bill to be entitled an Act to abolish the office of Tax Receiver and Tax Collector of Wayne County, Georgia, to create the office of County Tax Commissioner of Wayne County, Georgia; to fix the term and compensation of said office, and for other purposes.
By Mr. Fagan of Peach-
House Bill No. 39. A bill to be entitled an Act to fix the salary of the Solicitor-General of the Macon Judicial Circuit, to be paid by Peach County, in said Judicial Circuit, and for other purposes.
By Mr. Bush of Miller-
House Bill No. 50. A bill to be entitled an Act to amend an Act entitled "An Act to amend an Act approved August 8, 1908, creating and establishing the City Court of Miller County.
By Mr. Harris of Terrell-
House Bill No. 62. A bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Terrell.
By Mr. Morris of Atkinson-
House Bill No. 233. A bill to be entitled an Act to
repeal an Act entitled "Atkinson County Tax Commissic.ner
Referendum."
FRIDAY, JuLY 24, 1931.
745
By Mr. Burton of Franklin-
House Bill No. 257. A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Franklin County and to create the office of County Tax Commissioner of Franklin County.
By Mr. Stewart of Coffee-
House Bill No. 259. A bill to be entitled an Act to abolish the office of Tax Receiver and Tax Collector of Coffee County, Georgia; to create the office of County Tax Commissioner of Coffee County, Georgia.
By Mr. Fraser of Liberty-
House Bill No. 282. A bill to be entitled an Act to repeal an Act entitled "An Act to make it unlawful for any live-stock dealer to buy, sell, transport, or otherwise deal in live-stock in Liberty County, Georgia, until and unless said live-stock dealer shall have previously thereto registered as a live-stock dealer as hereinafter provided in this Act."
By Mr. Courson of Brantley-
Hause Bill No. 290. A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Brantley County, Georgia; to create the office of County Tax Commissioner of Brantley County, Georgia.
By Mr. Hubbard of Wilkinson-
House Bill No. 298. A bill to be entitled an Act to repeal an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Wilkinson.
By Mr. Hubbard of WilkinsonHouse Bill No. 299. A bill to be entitled an Act to
746
JouRNAL oF THE HousE,
create a Board of Commissioners of Roads and Revenues for Wilkinson County, Georgia.
By Mr. Montgomery of Webster-
House Bill No. 314. A bill to be entitled an Act to abolish the office of Tax Receiver and Tax Collector of Webster County, Georgia; to create the office of County Tax Commissioner of Webster County, Georgia.
By Mr. James of Jones-
House Bill No. 123. A bill to amend an Act creating the City Court of Gray.
By Messrs. Bean and Dorsett of Carroll-
House Bill No. 174. A bill to amend an Act to establish a City Court in the City of Carrollton.
By Messrs. Bunn and Stanton of Ware-
House Bill No. 242. A bill to amend an Act providing for a new charter for the town of Waresboro.
By Mr. Howard of Long-
House Bill No. 254. A bill to amend an Act to create a new charter for the City of Ludowici.
By Mr. Courson of Brantley-
Hause Bill No. 289. A bill to amend an Act incorporating the City of Nahunta.
By Mr. Sammon of Gwinnett-
House Bill No. 306. A bill to amend an Act establishing a public school system in the Town of Lawrenceville.
The Senate has also passed as amended by the requisite constitutional majority the following bill of the House, towit:
FRIDAY, JuLY 24, 1931.
747
By Messrs. Battle, Meredith, and Roberts of Muscogee-
House Bill No. 285. A bill to amend an Act creating a new charter for the City of Columbus.
The Senate has also passed as amended by the requisite constitutional majority the following bill of the House, to-wit:
By Mr. Fraser of Liberty-
House Bill No. 283. A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Liberty County, Georgia; to create in lieu thereof the office of County Tax Commissioner of Liberty County, Georgia, and for other purposes.
Mr. Hardin of Whitfield, 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.
5. First reading of Senate bills and resolutions.
748
JouRNAL OF THE HousE,
Mr. Rosser of Walker asked unanimous consent that when the House adjourn, it stand adjourned until Monday morning, July 27, at 10:00 o'clock; the request was granted.
Mr. Johnson of Seminole asked unanimous consent that House Bill No. 196 be recommitted to the Committee on General Agriculture No. 1, and the request was granted.
Mr. Walker of Ben Hill asked unanimous consent that House Bill No. 347 be recommitted to the Committee on Special Judiciary, and the request was granted.
The following resolution of the Senate was read and adopted:
By Mr. Harris of the 18th District-
Senate Resolution No. 44. A resolution concerning the date and time of hearing an address by the Hon. Walter F. George, United States Senator from the State of Georgia.
Under the provisions of the above resolution, the Speaker appointed as a Committee on the part of the House for the purpose of conducting Hon. W. F. George to the Hall of the House, the following members of the House, to-wit:
Messrs. Nelson of Cook,
Tate of Pickens, Trotter of Taliafe~ro,
Gary of Quitman,
Cozart of Wilkes.
By unanimous consent, House Bill No. 183 was withdrawn from further consideration of the House.
By unanimous consent, the following bills and resolutions of the House were introduced, read the first time, and referred to the committees:
FRIDAY, JuLY 24, 1931.
749
By Mr. Beasley of Tattnall-
House Bill No. 441. A bill to amend an Act creating a new charter for the City of Glennville, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Sisk of Elbert-
House Bill No. 442. A bill to amend the Code relating to the Bureau of Markets, and for other purposes.
Referred to Committee on General Agriculture No. 1.
By Mr. Dorsett of Carroll-
House Bill No. 443. A bill relative to the election of the Mayor and Councilmen of the City of Carrollton, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Dorsett of Carroll-
House Bill No. 444. A bill relative to the election of the Mayor and Councilmen of the City of Carrollton, and for other purposes.
Referred .to Committee on Municipal Government.
By Messrs. Peebles and McElreath of Bartow-
House Bill No. 445. A bill to amend an Act known as the Georgia Motor Vehicle Law, and for other purposes.
Referred to Committee on Public Highways.
By Messrs. Alexander, Grayson, and Myrick of Chatham-
House Bill No. 446. A bill to provide a limitation for the collection of charges on intrastate shipments due common carriers, and for other purposes.
Referred to Committee on Railroads.
750
JouRNAL OF THE HousE,
By Mr. Key of JasperHouse Bill No. 447. A bill to amend the Code relative
to venue of suits against non-residents, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Edwards of Stephens-
House Bill No. 448. A bill to abolish the offices of Tax Receiver and Tax Collector of Stephens County, and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Mooty of Troup, Allen of Baldwin, and Davis of Mitchell-
House Resolution No. 63-448a. A resolution to authorize the Treasurer of Georgia to reimburse the Reorganization Committee for their expenses, and for other purposes.
Referred to Committee on Appropriations.
By Messrs. Harris of Terrell, Mooty of Troup, and King of Clay-
House Resolution No. 64-448b. A resolution to regulate propaganda put out by College of Agriculture, and for other purposes.
Referred to Committee on General Agriculture No. 1.
By Messrs. Gillen and Park of Bibb-
House Bill No. 449. A bill to authorize the election of a full time tax commissioner in certain counties, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 450. A bill to abolish Justice Courts and the officeofthe Justice of the Peace and Notary Public and for other purposes.
Referred to Committee on Municipal Government.
FRIDAY, JuLY 24, 1931.
751
Mr. Andrews of Crawford County, Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. Speaker:
Your Committee on Counties and County Matters has has 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:
House Bill No. 181 do pass. House Bill No. 165 do pass.
House Bill No. 206 do pass as amended. House Bill No. 327 do pass. House Bill No. 341 do pass as amended. House Bill No. 340 do pass as amended. House Bill No. 42 do pass.
Respectfully submitted, ANDREWS of Crawford, Chairman.
Mr. Thomas of Wayne County, Chairman of the Committee on Legislative and Congressional Reapportionment, submitted the following report:
Mr. Speaker:
Your Committee on Legislative and Congressional Reapportionment 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:
752
JOURNAL OF THE HousE,
House Bill No. 113 do pass as amended. Respectfully submitted, THOMAS of Wayne, Chairman.
Mr. Still of Fulton County, Chairman of the Committee on Labor and Labor Statistics, submitted the following report:
Mr. Speaker:
Your Committee on Labor and Labor Statistics 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:
House Bill No. 119 do pass.
House Bill No. 303 do pass.
Respectfully submitted,
STILL of Fulton,
Chairman.
Mr. Trotter of Taliaferro 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:
House Bill No. 346 do pass.
House Bill No. 403 do pass.
House Bill No. 390 do pass.
FRIDAY, }ULY 24, 1931.
753
House Bill No. 396 do pass. House Bill No. 401 do pass. House Bill No. 394 do pass. House Bill No. 375 do pass. House Bill No. 380 do pass. House Bill No. 377 do pass. House Bill No. 362 do pass. House Bill No. 392 do pass. House Bill No. 351 do pass. House Bill No. 288 do pass. House Bill No. 25 do pass by substitute.
Respectfully submitted, TRoTTER of Taliaferro, Chairman.
Mr. Beasley of Tattnall County, Chairman of the Committee on Public Highways, submitted the following report:
Mr. Speaker: Your Committee on Public Highways has had under con-
sideration the following bill and resolution of the House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 279 do pass. House Resolution No. 60-405a do pass.
Respectfully submitted,
BEASLEY of Tattnall, Chairman.
754
JouRNAL OF THE HousE,
Mr. Collier of Madison County, Chairman of the Committee on State of the Republic, submitted the following report:
Mr. Speaker: Your Committee on State of the Republic has had under
consideration the following resolutions and bill of the House and Senate and has instructed me, as chairman, to report the same back to the House with the recommendation that:
Senate Resolution No. 42 do pass.
House Resolution No. 62 do pass. House Resolution No. 50 do pass.
House Bill No. 369 do pass. Respectfully submitted,
CoLLIER of Madison,
Chairman.
By unanimous consent, the following bills and resolutions of the House, favorably reported, were read the second time:
By Mr. Fagan of Peach and othersHouse Bill No. 25. A bill to prevent any municipality
from selling or disposing of its power plant for a period of longer than 20 years, and for other purposes.
By Messrs. Cartledge, Lanier, and Lester of RichmondHouse Bill No. 119. A bill to amend the Georgia Work-
men's Compensation Act, and for other purposes.
By Messrs. Eckford and McRae of FultonHouse Bill No. 165. A bill fixing the salary of judges of
city courts in certain counties, and for other purposes.
FRIDAY, JuLY 24, 1931.
755
By Messrs. Eckford and McRae of Fulton-
House Bill No. 181. A bill to amend an Act establishing the Criminal Court of Atlanta, and for other purposes.
By Messrs. Eckford and McRae of Fulton-
House Bill No. 206. A bill to abolish the fee system in the Superior Court of the Atlanta Judicial Circuit, and for other purposes.
By Mr. Myrick of Chatham-
House Bill No. 279. A bill to amend the Georgia Motor Vehicle Law, and for other purposes.
By Messrs. Stanton and Bunn of Ware-
House Bill No. 288. A bill to amend an Act establishing a new charter for the City of Waycross, and for other purposes.
By Messrs. Leathers and Lindsay of DeKalb-
House Bill No. 303. A bill regulating the wages of laborers employed on public buildings of the State of Georgia, and for other purposes.
By Messrs. Preston and Almand of Walton-
House Bill No. 327. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Walton, and for other purposes.
By Mr. Walker of Brooks-
House Bill No. 341. A bill to change from the fee to the salary system in certain counties in Georgia, and for other purposes.
By Mr. Johnson of Pike-
House Bill No. 346. A bill to amend an Act creating a <:harter for the City of Zebulon, and for other purposes.
756
JouRNAL OF THE HousE,
By Mr. Thompson of Barrow-
House Bill No. 351. A bill to amend an Act establishing a new charter for the City of Winder, and for other purposes.
By Messrs. Almand and Preston of Walton-
House Bill No. 362. A bill to amend an Act providing a new charter for the City of Monroe, and for other purposes.
By Mr. Collier of Madison-
House Bill No. 369. A bill to abolish certain State Institutions, and for other purposes.
By Mr. Moye of Randolph-
House Bill No. 375. A bill to amend an Act incorporating the Town of Carnegie, and for other purposes.
By Mr. Mallard of Charlton-
House Bill No. 377. A bill to create and establish a new charter for the City of Folkston, and for other purposes.
By Mr. Osteen of Bryan-
House Bill No. 380. A bill to amend an Act incorporating the City of Pembroke, and for other purposes.
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 390. A bill to amend an Act regulating the salary of the Mayor of Augusta, and for other purposes.
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 392. A bill to repeal an Act chartering the City of Augusta, and for other purposes.
FRIDAY, JuLY 24, 1931.
757
By Messrs. Davis and Mooty of Troup--
House Bill No. 394. A bill to enable the City of LaGrange to increase its bonded indebtedness, and for other purposes.
By Mr. Gullatt of Campbell-
House Bill No. 396. A bill to amend an Act creating a new charter for the City of Palmetto, and for other purposes.
By Mr. Kimsey of Rabun-
House Bill No. 401. A bill to amend the charter of the Town of Dillard, and for other purposes.
By Mr. Bush of Miller-
House Bill No. 403. A bill to amend an Act incorporating the City of Colquitt, and for other purposes.
By Mr. Still of Fulton-
House Resolution No. 50-323a. A resolution to reimburse A. M. Robinson Co. $500 illegally paid, and for other purposes.
By Mr. Adams of Towns-
House Resolution No. 60-405a. A resolution to refund fee deposited under Motor Carriers' Act of 1929, and for other purposes.
By Messrs. Davis and Mooty of Troup--
House Resolution No. 62-440a. A resolution for relief and refund of illegal tax, and for other purposes.
By unanimous consent, the following bill and resolution of the Senate, favorably reported, were read the second time:
758
JouRNAL OF THE HousE,
By Mr. Pruett of the 32nd District-
Senate Bill No. 42. A bill to amend the Fuel Distributors Act, and for other purposes.
By l\Ir. Neill of the 24th District and others-
Senate Resolution No. 42. A resolution authorizing the Governor to appoint a Commission known as "Century of Progress Commission."
By unanimous consent, the following bills of the Senate were read the first time and referred to the committees:
By Mr. \Vatson of the 3rd District-
Senate Bill No. 10. A bill to abolish the office of County Game \Varden, and for other purposes.
Referred to Committee on Game and Fish.
By Mr. Watson of the 3rd District-
Senate Bill No. 18. A bill to amend an Act protecting birds, fish~ game, etc., and for other purposes.
Referred to Committee on Game and Fish.
By Messrs. Bennett of the 5th District and Harris of the 18th District-
Senate Bill No. 27. A bill to amend the Georgia Workmen's Compensation Act, and for other purposes.
Referred to Committee on State of the Republic.
By Mr. Neill of the 24th District and others-
Senate Bill No. 34. A bill to amend the Constitution so as to provide for election of a Lieutenant-Governor by the people, and for other purposes.
Referred to Committee on Amendments to the Constitution.
FRIDAY, JuLY 24, 1931.
759
By Mr. Courson of the 16th District-
Senate Bill No. 35. A bill relative to the methods of fishing in this State, and for other purposes.
Referred to Committee on Game and Fish.
By Mr. Knabb of the 4th District-
Senate Bill No. 38. A bill to amend an Act revising the Game and Fish Laws of the State, and for other purposes.
Referred to Committee on Game and Fish.
By Mr. Ennis of the 20th District-
Senate Bill No. 50. A bill to exempt certain property from taxation, and for other purposes.
Referred to Committee on State of the Republic.
By Messrs. Davis of the 31st District, Strickland of the 1st District, and Reagan of the 35th District-
Senate Bill No. 53. A bill to regulate the practice of Chiropody, and for other purposes.
Referred to Committee on Hygiene and Sanitation.
By Mr. McWhorter of the 50th District-
Senate Bill No. 61. A bill to regulate the operation of trains by separate and independent railroads, and for other purposes.
Referred to Committee on Railroads.
By Mr. Stark of the 43rd District-
Senate Bill No. 63. A bill to provide that all quasi public corporations of this State shall make financial reports to the State Auditor, and for other purposes.
Referred to Commictee on Corporations.
760
JouRNAL OF THE HousE,
By Mr. Dekle of the 6th District-
Senate Bill No. 64. A bill to authorize the trustees of the branches of the State University to borrow money, and for other purposes.
Referred to Committee on University of Georgia and its Branches.
By Mr. West of the 11th District-
Senate Bill No. 71. A bill to amend the Georgia Workmen's Compensation Act, and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Mr. McWhorter of the 50th DistrictSenate Bill No. 80. A bill to authorize minors to pur-
chase shares of stock in Building and Loan Associations, and for other purposes.
Referred to Committee on General Judiciary No. 2.
Under the order of unfinished business, the following bill of the House was again taken up for consideration:
Mr. Lindsay of DeKalb moved that while the House was sitting as the Committee of the VVhole House speeches should be limited to ten minutes, and the motion prevailed.
By Mr. Culpepper of Fayette-
House Bill No. 147. A bill to be entitled an Act to make for the last half of the fiscal year 1931 and for the fiscal years 1932 and 1933, appropriations for the maintenance and outlay of the State Departments, Boards, Commissions, Bureaus, Public Institutions and Educational Interest of the State and for the payment of the public debt and interest thereon, and for other purposes.
FRIDAY, JuLY 24, 1931.
761
The House resolved itself into the Committee of the Whole House, and the Speaker designated Mr. Gillen of Bibb, the Speaker Pro Tern., as the chairman thereof.
The Committee of the Whole House arose and through its chairman reported progress and asked leave to sit agam.
Privileges of the floor were granted to Hon. J. I. Jenkins
of Hart County, and Hon. F. T. Kidd of Hart County.
Mr. Crowe of Worth moved that this House do now adjourn, and the motion prevailed.
Leave of absence was granted to Messrs. Simmons of Decatur, Turner of Brooks, Graham of Laurens, Hampton of Fannin, Swain of Warren, Chalker of Pulaski, Sharpe of Screven, Bennett of Bacon, and Bush of Miller.
The Speaker announced the House adjourned until Monday morning, at 10:00 o'clock.
762
JouRNAL or THE HousE,
REPRESENTATIVE HALL, ATLANTA, GA.,
MoNDAY, JuLY 27, 1931.
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
Chambers
Alexander
Childs
Allen
Clark
Almand
Clements of Marion
Andrews
Clements of Telfair
Arnold
Cochran
Arrington
Collier
Ashley
Colson
Atwood
Courson
Awtrey
Cowart
Bargeron
Cozart
Barrett
Crawford
Battle
Crowe
Beaman
Cullens
Bean
Culpepper of Echols
Beasley
Culpepper of Fayette
Bennett of Bacon
Davis of Floyd
Bennett of Jeff Davis Davis of Jackson
Bland
Davis of Mitchell
Brannen
Davis of Troup
Brown
Dixon
Brunson
Donaldson
Bunn
Dorsett
Burton
Duncan
Bush
Dykes
Cain
Eckiord
Cannon
Edmondson
Carlisle of Bibb
Edwards of Gilmer
Carlisle of GradY
Edwards of Lowndes
Cartledge
Edwards of Stephens
Chalker
Elliott
Evans Fagan Franklin Fraser Freeman Gary Gillen Graham Grayson Green Greer Griffet:P Griffin of Decatur Griffin of Wilkes Gullatt Hampton Hardin Harris Harrison of Camden Harrison of Jenkins Hatcher Hawes Hodges Holt Horne Howard of Chatt'h'chee Howard of Long Hubbard of Habersham Hubbard of Wilkinson Huddleston Hutcheson
MoNDAY, JuLY 27, 1931.
763
Hyman
Mixon
Irvin
Montgomery
James
Mooty
Johnson of Montgomery Morris
Johnson or Pike
Moye
Johnson of Seminole Mundy
Johnston
Musgrove
Jones 01 Burke
Myrick
Jones of Lumpkin Nelson of Cook
Jones of Paulding
Nelson of Laurens
Kennedy
Oliver
Key
Osteen
Killebrew
Pace
Kimbrough
Parham
Kimsey
Park
King of Clay
Patten
King of Newton
Paulk
Lance
Peebles
Lanham
Phillips
Lanier
Pittard
Leathers
Pope
Lester
Powell
Lewis of Gordon
Preston
Lewis of Hancock
Purdy
Lindsay
Purvis
Logan
Rabun
Lord
Rivers
McElreath
Roberts
McGehee
Robertson
McKoy
Ross of Appling
McLeod
Ross of Dodge
McRae
Rosser
McWhorter
Sammon
Mallard
Scarbrough
Mardre
Seckinger
Mattox
Sharpe
Mercer
Shirley
Meredith
Simmons
Sims Sisk Skelton Spivey Stanton Stewart Still Stone Strickland of Douglas Strickland of Haralson Sutton Swain Tate Taylor Thomas Thomason Thompson Tippins Townsend Trapnell Trotter Turner Waldrop Walker of Ben Hill Walker of Brooks Walker of Morgan Walker of Screven Wall Weeks Westbrook Whittle Wilkes Williams Wilson Wood Yawn Mr. Speaker
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requtstte constitutional majority the following bills of the Senate, to-wit:
764
JouRNAL OF THE HousE,
By Mr. Reagan of the 35th District-
Senate Bill No. 101. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Henry County; to provide for their election and qualifications; to prescribe their powers and duties; to provide for their compensation; to provide for election of chairman, and for other purposes.
By Mr. Pruett of the 32nd District-
Senate Bill No. 104. A bill to be entitled an Act to abolish the office of Tax Receiver and Tax Collector of Lumpkin County, Georgia; to create the office of County Tax Commissioner of Lumpkin County; to fix term and compensation of said County Tax Commissioner, and for other purposes.
By Mr. Stark of the 43rd District-
Senate Bill No. 21. A bill to be entitled an Act to amend an Act approved August 18, 1919 entitled "An Act to reorganize and reconstitute the State Highway Department of Georgia and to prescribe the duties and powers thereof, and for other purposes." To strike out Section 6 and substitute therefor a new section to prohibit county participation in the construction of the State system of highways, and for other purposes.
By Messrs. Watson of the 3rd District, Dekle of the 6th District, and Bennett of the 5th District-
Senate Bill No. 29a. A bill to be entitled an Act to amend the Georgia Securities Law, arid for other purposes.
By Mr. Williams of the 27th District-
Senate Bill No. 69. A bill to be entitled an Act entitled an Act to abolish the office of Tax Receiver and Tax Collector of Walton County, Georgia; to create the office of
MoNDAY, JuLY 27, 1931.
765
Tax Commissioner of Walton County, and for other purposes.
By Mr. North.of the 36th District-
Senate Bill No. 82. A bill to be entitled an Act to amend an Act entitled an Act to authorize and regulate the practice of chiropractic in the State of Georgia, and for other purposes.
By Mr. Perkins of the 17th District-
Senate Bill No. 83. A bill to be entitled an Act to repeal an Act approved August 17, 1912, Georgia Laws of 1912, page 109, entitled "An Act to require all State House officers and officers and appointees of any Department of State and County officers who receive fees and compensation other than salaries to keep a daily account of such fees and compensation and to make sworn itemized statements with the Comptroller-General of the State; to require the Comptroller-General of the State to preserve said statements; to provide a penalty for failure or refusal to comply with same," and for other purposes.
By Mr. Williams of the 27th District-
Senate Bill No. 68. A bill to be entitled an Act to amend an Act to provide for a charter for the City of Monroe, Georgia.
By Mr. Harris of the 18th District-
Senate Bill No. 85. A bill to establish kindergartens in public schools of this State.
By Messrs. Nelson of the 13th District, Horn of the 12th District, and Neill of the 24th District-
Senate Bill No. 86. To prohibit the shooting, hunting or killing of deer for a period of ten years in certain counties.
766
JouRNAL OF THE HousE,
By Mr. Denton of the 38th District-
Senate Bill No. 87. To provide a new charter for the town of Hiram, Georgia in the County of Paulding.
By Mr. Bennett of the 5th District-
Senate Bill No. 95. A bill to amend the Constitution of the State of Georgia limiting the powers of taxation by the General Assembly of Georgia.
The Senate has also passed by the requisite constitutional majority the following resolution of the Senate, to-wit:
By Messrs. Watson of the 3rd District and Neill of the 24th District-
Senate Resolution No. 43. A joint resolution for the adoption of Code of Georgia of 1932.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the reqms1te constitutional majority the following bills of the House, to-wit:
By Mr. Franklin of Butts-
House Bill No. 240. A bill to be entitled an Act to amend an Act incorporating the Town of Jenkinsburg in the County of Butts, and for other purposes.
By Messrs. Davis and Lord of Jackson-
House Bill No. 273. A bill to be entitled an Act to amend an Act, approved July 24, 1924, entitled an Act to abolish the office of County Treasurer of Jackson County, Georgia, and to provide in what manner all funds of said county realized from taxes and all other sources shall be received, deposited, and disbursed, and for other purposes.
MoNDAY, JuLY 27, 1931.
767
By Mr. Morris of Atkinson-
House Bill No. 296. A bill to be entitled an Act to amend an Act chartering the City of Pearson, and for other purposes.
By Mr. Hubbard of Wilkinson-
House Bill No. 320. A bill to be entitled an Act to amend an Act, entitled an Act to amend an Act establishing a charter for the City of Gordon, approved August 21, 1916, by amending Paragraph 4, Section 28, page 727 of said Act, by providing that the tax assessors shall be appointed from the members of the Board of Council, and for other purposes.
Mr. Hardin of Whitfield, 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.
5. First reading of Senate bills and resolutions.
Mr. Gillen of Bibb asked unanimous consent that Senate Bill No. 27 be withdrawn from the Committee on State of
768
JouRNAL oF THE HousE,
the Republic and recommitted to the Committee .on Labor and Labor Statistics, and the request was granted.
By unanimous consent, Messrs. Mardre and Cochran?of Thomas were allowed to withdraw their names from House Bill No. 405.
Mr. Culpepper of Fayette asked unanimous consent that when the House adjourn this morning, it stand adjourned until 2:30 o'clock this afternoon, and the request was granted.
By unanimous consent, the following bills and resolution of the House were introduced, read the first time, and referred to the committees:
By Mr. Pace of Cobb-
House Bill No. 451. A bill to amend the charter of the Town of Smyrna, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Beaman of DeKalb-
House Bill No. 452. A bill to merge DeKalb County with Fulton, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Hubbard of Habersham-
House Bill No. 453. A bill to amend an Act incorporating the City of Cornelia, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Rosser and Hutcheson of Walker-
House Bill No. 454. A bill to amend the charter of the City of Rossville, and for other purposes.
Referred to Committee on Municipal Government.
MoNDAY, JuLY 27, 1931.
769
By Messrs. Sutton and Mattox of Colquitt-
House Bill No. 455. A bill to amend the charter of the City of Moultrie, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Edmondson of Chattooga-
House Bill No. 456. A bill to amend the charter of the Town of Trion, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Sutton and Mattox of Colquitt-
House Bill No. 457. A bill to create the City Court of Moultrie, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Sutton and Mattox of Colquitt-
House Bill No. 458. A bill fixing the time for h::>lding Superior Courts in Colquitt County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Elliott of HenryHouse Bill No. 459. A bill to amend an Act relating to
issuing marriage licenses, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Messrs. Eckford and McRae of Fulton-
House Bill No. 460. A bill to amend an Act establishing the Criminal Court of Atlanta, and for other purposes.
Referred to Committee on Counties and County Matters.
770
JouRNAL oF THE HousE,
By Mr. Arnold of Clarke-
House Bill No. 461. A bill to require all persons operating cars, trucks, etc., over the highways of this State to carry indemnity insurance, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Scarbrough of Polk-
House Bill No. 462. A bill to amend the charter of the City of Rockmart, and for other purposes.
Referred to Committee on Corporations.
By Mr. Scarbrough of Polk-
.
House Bill ~o. 463. A bill to amend the Acts incorporat-
ing the City of Cedartown, and for other purposes.
Referred to Committee on Corporations.
By ~Ir. Patten of Lanier-
Hause Bill No. 464. A bill to abolish the office of County Surveyor cf Lanier County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Patten of Lanier-
Hause Bill No. 465. A bill to repeal an Act prescribing the jurisdiction of the County Court of Lanier County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Patten of Lanier-
Hause Bill No. 466. A bill to provide for the election of the members of the County Board of Education of Lanier County, and for other purposes.
Referred to Committee on Counties and County Matters.
MoNDAY, JuLY 27, 1931.
771
By Mr. Patten of Lanier-
Hause Bill No. 467. A bill to abolish the offices of Tax Receiver and Tax Collector of Lanier County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Sisk of Elbert and Burton of Franklin-
House Bill No. 468. A bill to create the Fire Insurance Commission of Georgia, and for other purposes.
Referred to Committee on State of the Republic.
By Messrs. Beaman, Leathers, and Lindsay of DeKalb-
House Bill No. 469. A bill to amend an Act creating the DeKalb Division of the Municipal Court of Atlanta, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Strickland of DouglasHouse Bill No. 470. A bill to amend the Code relative
to court houses for Militia Districts, and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Mr. Carlisle of BibbHouse Bill No. 471. A bill to prescribe a period of
limitation within which to institute actions for the recovery of charges on intrastate shipments by common carriers, and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Mr. Carlisle of BibbHouse Bill No. 472. A bill to regulate the recording of
maps, and for other purposes.
Referred to Committee on General Judiciary No. 2.
JouRNAL oF THE HousE,
By Mr. Mundy of ClaytonHouse Resolution No. 65-472a. A resolution to relieve
Seth Adams, Mrs. Ora Adams, and the estate of M. T. J.
Long as surety, and for other purposes. Referred to Committee on General Judiciary No. 1.
Mr. Lewis of Hancock 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 has instructed me, as chairman, to report th~ same back to the House with the recommendation that:
House Bill No. 105 do not pass. House Bill No. 271 do not pass. House Bill No. 357 do pass as amended by committee. House Bill No. 333 do pass. House Bill No. 241 do pass. House Bill No. 188 do not pass. House Bill No. 324 do not pass. House Bill No. 130 do pass. House Bill No. 334 do pass as amended.
Respectfully submitted, LEWIS of Hancock, Chairman.
Mr. Lewis of Hancock County, Chairman of the Committee on General Judiciary No. 1, submitted the following report:
MoNDAY, JuLY 27, 1931.
773
Mr. Speaker:
Your Committee on General Judiciary No. 1 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:
House Bill No. lOD do pass as amended.
Respectfully submitted,
LEWIS of Hancock,
Chairman.
Mr. Allen of Baldwin 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:
Senate Bill I\o. 2 do pass as amended.
Respectfully submitted,
ALLEN of Baldwin,
Chairman.
Mr. Trotter of Taliaferro 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:
774
JouRNAL oF THE HousE,
House Bill No. 427 do pass. House Bill No. 408 do pass. House Bill No. 443 do pass. House Bill No. 444 do pass.
Respectfully submitted, TROTTER of Taliaferro, . Chairman.
Mr. Wall of Putnam County, Chairman of the Committee on Public Library, submitted the "following report:
Mr. Speaker:
Your Committee on Public Library has had under consideration the following bill and resolution of the House and Senate and has instructed me, as chairman, to report the same back to the House with the recommendation that:
Senate Bill No. 43 do pass. House Resolution No. 29-221 do pass.
Respectfully submitted, WALL of Putnam, Chairman.
By unanimous consent, the following bills and resolution of the House, favorably reported, were read the second time:
By Messrs. Arrington of Schley and Jones of Burke-
House Bill No. 109. A bill to amend an Act preventing deception in the sale of paints and oils, and for other purposes.
MoNDAY, JuLY 27, 1931.
7T5
By Messrs. Irvin and Huddleston of Meriwether-
Hause Bill No. 130. A bill to provide for the compensation to be paid registrars in certain counties, and for other purposes.
By Mr. McKoy of Coweta-
House Bill No. 241. A bill to limit campaign expenses, and for other purposes.
By Messrs. Harrison of Camden, Thomas of Wayne, and Lewis of Hancock-
House Bill No. 333. A bill to amend the Code relating to the fees of sheriffs, and for other purposes.
By Mr. Thomas of Wayne-
House Bill No. 334. A bill relating to the collection of taxes in certain counties, and for other purposes.
By Mr. Thomason of Worth-
House Bill No. 357. A bill to prescribe the date from which the execution of sentences shall be computed, and for other purposes.
By Mr. Childs of Taylor-
House Bill No. 408. A bill to amend an Act providing a new charter for the Town of Reynolds, and for other purposes.
By Messrs. Mardre and Cochran of Thomas-
House Bill No. 427. A bill to amend an Act incorporating the City of Thomasville, and for other purposes. .
776
JouRNAL OF THE HousE,
By Mr. Dorsett of Carroll-
House Bill No. 443. A bill providing for the election of the Mayor and Councilmen of Carrollton, and for other purposes.
By Mr. Dorsett of Carroll-
House Bill No. 444. A bill relative to the election of the Mayor and Councilmen of Carrollton, and for other purposes.
By Mr. Childs of Taylor-
House Resolution No. 29-22lc. A resolution authorizing the State Librarian to furnish Taylor County with certain volumes, and for other purposes.
By unanimous consent, the following bills of the Senate, favorably reported, were read the second time:
By Mr. Weekes of the 34th District and others-
Senate Bill No. 2. A bill to regulate the admission to the practice of law, and for other purposes.
By Messrs. Pruett of the 32nd District and Pratt of the 41st District-
Senate Bill No. 43. A bill to regulate the distribution of the Acts and Journals of the two Houses, and for other purposes.
By unanimous consent, the following bills of the House were read the third time and placed upon their passage:
By Messrs. Bunn and Stanton of Ware-
House Bill No. 288. A bill to be entitled an Act to amend an Act providing a new charter for the City of Waycross, and for other purposes.
MoNDAY, JuLY 27, 1931.
777
The report 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.
By Mr. Stewart of Coffee-
House Bill No. 323. A bill to be entitled an Act to -create a Board of Commissioners of Roads and Revenues for. the County of Coffee, and for other purposes.
The report of the committee, which was favorable to the
passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Preston and Almand of Walton-
House Bill No. 327. A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Walton, and for other . purposes.
The report 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.
By Mr. Johnson of Pike-
House Bill No. 346. A bill to be entitled an Act creating a charter for the City of Zebulon, and for other purposes.
778
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 113, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Thompson of Barrow-
House Bill No. 351. A bill to be entitled an Act to amend an Act establishing a new charter for the City of Winder, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Preston and Almand of Walton-
House Bill No. 362. A bill to be entitled an Act to provide a new charter for the City of Monroe, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Moye of Randolph-
House Bill No. 375. A bill to be entitled an Act incorporating the Town of Randolph, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
MoNDAY, JuLY 27, 1931.
779
On the passage of the bill, the ayes were 116, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Osteen of Bryan-
House Bill No. 380. A bill to be entitled an Act to amend an Act incorporating the City of Pembroke, and for <>ther purposes.
The report 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 Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 390. A bill to be entitled an Act authorizing the City Council of Augusta to fix the salary of the Mayor of Augusta, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 118, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 392. A bill to be entitled an Act to repeal an Act amending the charter of the City of Augusta, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 119, nays 0.
780
JouRNAL oF THE HousE,
The bill having received the requisite constitutional majority was passed.
By Messrs. Davis and Mooty of Troup-
House Bill No. 394. A bill to be entitled an Act.Tto enable the City of LaGrange to increase its bonded indebtedness, and for other purposes.
The report 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. Gullatt of Campbell-
House Bill No. 396. A bill to be entitled an Act to create a new charter for the Town of Palmetto, and for other purposes.
The report 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 constitutional majority was passed.
By Mr. Kimsey of Rabun-
House Bill No. 401. A bill to be entitled an Act to amend the charter of the Town of Dillard, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 122, nays 0.
The bill having received the requisite constitutional majority was passed.
l\lONDAY, }ULY 27, 1931.
781
By Mr. Bush of Miller-
House Bill No. 403. A bill to be entitled an Act to amend the Act incorporating the City of Colquitt, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 123, nays 0.
The bill having received the requisite constitutional majority was passed.
By unanimous consent, the following bills and resolution of the Senate were read the first time and referred to the committees:
By Mr. Stark of the 43rd District-
Senate Bill No. 21. A bill to amend an Act reorganizing the State Highway Department, and for other purposes.
Referred to Committee on Public Highways.
By Messrs. Watson of the 3rd District, Dekle of the 6th District, and Bennett of the 5th District-
Senate Bill No. 29a. A bill to amend the Georgia Securities Law, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Williams of the 27th DistrictSenate Bill No. 68. A bill to amend an Act to provide
for a charter for the City of Monroe, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Williams of the 27th DistrictSenate Bill No. 69. A bill to abolish the offices of Tax
782
JouRNAL OF THE HousE,
Receiver and Tax Collector of Walton County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. North of the 36th DistrictSenate Bill No. 82. A bill regulating the practice of
Chiropractic in this State, and for other purposes. Referred to Committee on Hygiene and Sanitation.
By Mr. Perkins of the 17th DistrictSenate Bill No. 83. A bill to repeal an Act requiring all
State employees to keep an account of all fees received other than their salaries, and for other purposes.
Referred to Committee on State of the Republic.
By Mr. Harris of the 18th District-
Senate Bill No. 85. A bill to establish kindergartens in public schools, and for other purposes.
Referred to Committee on Education.
By Messrs. Nelson of the 13th District, Horn of the 12th District, and Neill of the 24th District-
Senate Bill No. 86. A bill to prohibit the killing of deer for a period of 10 years in certain counties, and for other purposes.
Referred to Committee on Game and Fish.
By Mr. Denton of the 38th District-
Senate Bill No. 87. A bill to provide a new charter for the Town of Hiram, and for other purposes.
Referred to Committee on Municipal Government.
MoNDAY, JuLY 27, 1931.
783
By Mr. Bennett of the 5th District-
Senate Bill No. 95. A bill limiting the powers of taxation by the General Assembly, and for other purposes.
Referred to Committee on Amendments to the Constitution.
By Messrs. Watson of the 3rd District and Neill of the 24th District-
Senate Resolution No. 43. A resolution for the adoption of Code of Georgia of 1932, and for other purposes.
Referred to Committee on General Judiciary No. 2.
Under the order of unfinished business, the following bill of the House was again taken up for consideration:
By Mr. Culpepper of FayetteHouse Bill No. 147. A bill to be entitled an Act to make
for the last half of the year 1931 and for the years 1932 and 1933, appropriations to meet the expenses of the Legislative, Executive and Judicial Departments of the State Government, and for other purposes.
The House was resolved into the Committee of the Whole House, and the Speaker designated Mr. Gillen of Bibb, the Speaker Pro Tern., as the chairman thereof.
The Committee of the Whole House arose and through its chairman reported progress and asked leave to sit again.
The following resolution of the House was read and adopted:
By Messrs. Beasley of Tattnall, Tucker of Berrien, and Johnson of Seminole-
House Resolution No. 66. A resolution, whereas, Hon. H. W. Nelson, Vice-Chairman of the Committee on Rules, is ill and unable to attend today's session of the Legislature>
784
JouRNAL oF THE HousE,
Therefore, be it resolved that we wish for him a speedy recovery and an early return to his duties.
The following message was received from His Excellency, the Governor:
To THE SPEAKER AND THE MEMBERs
OF THE HousE oF REPRESENTATIVES:
I am returning, herewith, House Bill No. 74, an Act entitled, "An Act to change the time of the Superior Court in the County of Atkinson, and for other purposes," without my approval.
On account of circumstances which have arisen since its passage, the author of the bill, the Han. J. S. Morris, Representative from Atkinson County, has requested me to veto this measure and, as this is a local bill affecting Atkinson County, I am glad to accede to his wishes, and the same is hereby disapproved and returned to your body.
Respectfully,
RicHARD B. RussELL }R.,
Governor of Georgia.
Privileges of the floor were granted to Han. H. W. Man-
cell and Bon. J. P. Brooke of Milton County, Bon. J. H. Balcom, Bon. J. D. Shannon, and Bon. L.L. Griffin of Twiggs County, Han. S. J. Stovall of Elbert County, and Bon.
Waldo DeLoach of Colquitt County.
Mr. Rosser of Walker moved that the House do now adjourn, the motion prevailed and House Bill No. 147 went over as unfinished business of the previous session.
Leave of absence was granted to Mr. Almand of Walton.
The Speaker announced the House adjourned until this afternoon, at 2:30 o'clock.
MoNDAY, JuLY 27, 1931.
785
AFTERNOON SESSION,
2:30 o'clock, P. M.
The House met again at this hour and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Under the order of unfinished business, the following bill of the House was again taken up for consideration:
By Mr. Culpepper of Fayette-
House Bill No. 147. A bill to be entitled an Act to make for the last half of the fiscal year 1931 and for the fiscal years 1932 and 1933, appropriations for the maintenance and outlay of the State Departments, Boards, Commissions, Bureaus, Public Institutions and Educational Interest of the State and for the payment of the public debt and interest thereon, and for other purposes.
The House was resolved into the Committee of the Whole House and the Speaker designated Mr. Gillen of Bibb, the Speaker Pro Tern., as the chairman thereof.
The Committee of the Whole House arose and through its . chairman reported progress and asked leave to sit agam.
Mr. Culpepper of Fayette asked unanimous consent that the House be resolved into the Committee of the 'Vhole House with instructions to consider the remaining sections only of House Bill No. 147; the request was granted.
The House was resolved into the Committee of the Whole House, and the Speaker designated Mr. Gillen of Bibb, the Speaker Pro Tern., as the chairman thereof.
786
JouRNAL OF THE HousE,
The Committee of the Whole House arose and through its chairman reported progress and asked leave to sit a gam.
Privileges of the floor were granted to Hon. W. A. Partee of McDuffie County.
Mr. Culpepper of Fayette asked unanimous consent that when the House adjourn, it stand adjourned until tomorrow morning, at 9:00 o'clock, and the request was grant~d.
Mr. Hawes of Elbert moved that this House do now adjourn, the motion prevailed, and House Bill No. 147 went over as unfinished business of the previous session.
The Speaker announced the House adjourned until tomorrow morning, at 9:00 o'clock.
TuEsDAY, JuLY 28, 1931.
787
REPRESENTATIVE HALL, ATLANTA, GA.,
TuEsDAY, JuLY 28, 1931.
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 Allen Almand Andrews Arnold Arrington Ashley Atwood Awtrey Bargeron Barrett Battle Beaman Bean Beasley Bennett of Bacon Bennett of Jeff Davis Bland Brannen Brown Brunson Bunn Burton Bush Cain Cannon Carlisle of Bibb Carlisle of Grady Cartledge Chalker
Chambers Childs Clark Clements of Marion Clements of Telfair Cochran Collier Colson Courson Cowart Cozart Crawford Crowe Cullens Culpepper of Echols Culpepper of Fayette Davis of Floyd Davis of Jackson Davis of Mitchell Davis of Troup Dixon Donaldson Dorsett Duncan Dykes Eckford Edmondson Edwards of Gilmer Edwards of Stephens Elliott Evans
Fagan Franklin Fraser Freeman Gary Gillen Graham Grayson Green Greer Griffeth Griffin of Decatur Griffin of Wilkes Gullatt Hampton Hardin Harris Harrison of Camden Harrison of Jenkins Hatcher Hawes Hodges Holt Horne Howard of Chatt'h'chee Howard of Long Hubbard of Habersham Hubbard of Wilkinson Huddleston Hutcheson Hyman
788
JouRNAL OF THE HousE,
Irvin
Montgomery
James
Mooty
Johnson of Montgomery Morris
Johnson of Pike
Moye
Johnson of Seminole Mundy
Johnston
Musgrove
Jones of Burke
Myrick
Jones of Lumpkin
Nelson of Cook
Jones of Paulding
Nelson of Laurens
Kennedy
Oliver
Key
Osteen
Killebrew
Pace
Kimbrough
Parham
Kimsey
Park
King of Clay
Patten
King of Newton
Paulk
Lance
Peebles
Lanham
Phillips
Lanier
Pittard
Leathers
Pope
Lester
Powell
Lewis of Gordon
Preston
Lewis of Hancock
Purdy
Lindsay
Purvis
Logan
Rabun
Lord
Rivers
McElreath
Roberts
McGehee
Robertson
McKoy
Ross of Appling
McLeod
Ross of Dodge
McRae
Rosser
McWhorter
Sammon
Mallard
Scarbrough
Mardre
Seckinger
Mattox
Sharpe
Mercer
Shirley
Meredith
Simmons
Mixon
Sims Sisk Skelton Spivey Stanton Stewart Still Stone Strickland of:Douglas Strickland o(Haralson Sutton Swain Tate Taylor Thomas Thomason Thompson Tippins Townsend Trapnell Trotter Turner Waldrop Walker of Ben Hill Walker of Brooks Walker of Morgan Walker of Screven Wall Weeks Westbrook Whittle Wilkes Williams Wilson Wood Yawn Mr. Speaker
Mr. Hardin of Whitfield, 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, JuLY 28, 1931.
789
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, a second time.
4. Passage of uncontested local House and Senate bills and resolutions.
5. First reading of Senate bills and resolutions.
Mr. Hutcheson of \Valker asked unanimous consent that House Bill No. 420 be withdrawn from the Committee on State of the Republic and recommitted to the Committee on Training Schools, and the request was granted.
Mr. Davis of Mitchell asked unanimous consent that Senate Bills No. 73, 74, and 76 be withdrawn from the Committee on General Judiciary No. 2 and recommitted to the same committee, and the request was granted.
Mr. Culpepper of Fayette asked unanimous consent that when the House adjourn, it stand adjourned untill3:00 o'clock this afternoon, and the request was granted.
By unanimous consent, the following bills and resolutions of the House were introduced, read the first time, and referred to the committees:
By Mr. Key ofJasper-
House Bill No. 473. A bill regulating the soliciting of Life Insurance in this State by non-residents, and for other purposes.
Referred to Committee on Insurance.
790
JouRNAL oF THE HousE,
By Mr. McGehee of Talbot-
House Bill No. 474. A bill to repeal an Act incorporating the Town of Box Springs, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Crawford and Lanham of Floyd-
House Bill No. 475. A bill to amend an Act making ordinaries of the counties the legal custodians of minor children, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Tippins of Evans-
House Bill No. 476. A bill to provide for the distribution of veterinary products, and for other purposes.
Referred to Committee on General Agriculture No. 2.
By Messrs. Beaman, Leathers, and Lindsay of DeKalb-
House Bill No. 477. A bill to amend an Act creating a new charter for the City of Decatur, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Fagan of Peach-
House Bill No. 478. A bill to amend the Code relative to Road Duty, and for other purposes.
Refered to Committee on General Judiciary No. 1.
By Mr. Lewis of Hancock-
House Bill No. 479. A bill to provide a method of suing non-residents, and for other purposes.
Referred to Committee on General Judiciary No. 1.
TuEsDAY, JuLY 28, 1931.
791
By Mr. Osteen of BryanHouse Bill No. 480. A bill to regulate fishing in the waters
ofBryan County, and for other purposes.
Referred to Committee on Game and Fish.
By Mr. Edwards of StephensHouse Bill No. 481. A bill to amend the charter of the
City of Toccoa, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Ashley of LowndesHouse Bill No. 482. A bill to amend an Act abolishing
the fees accruing in the office of Solicitor-General of the Southern Judicial Circuit, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Franklin of ButtsHouse Bill No. 483. A bill to provide for the use of wire
fish baskets in the waters of Butts County, and for other purposes.
Referred to Committee on Game and Fish. By Mr. Williams of Emanuel-
House Bill No. 484. A bill to put 750 names in the jury boxes of certain counties, and for other purposes.
Referred to Committee on Counties and County Matters. By Messrs. Musgrove of Clinch and Ashley of Lowndes-
House Resolution No. 67-482a. A resolution memorializing the Federal Farm Board, and for other purposes.
Referred to Committee on General Judiciary No. 1. By Mr. McRae of Fulton-
House Resolution No. 68-482b. A resolution relative to the order of business, and for other purposes.
Referred to Committee on Rules.
792
JouRNAL oF THE HousE,
By Mr. Westbrook of Dougherty and others-
House Resolution No. 69. A resolution soliciting the cooperation of the Federal Farm Board, and for other purposes.
Referred to Committee on General Judiciary No. 2.
Mr. Rosser of Walker 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:
House Bill No. 20 do not pass. House Bill No. 305 do pass. House Bill No. 429 do pass by substitute.
Respectfully submitted, RossER of Walker, 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 bill of the Senate and has instructed me, as chairman, to report the same back to the House with the recommendation that:
TuEsDAY, JuLY 28, 1931.
793
Senate Bill No. 47. An Act changing the name of the Board of School Commissioners to Board of Education in the City of Valdosta. Do pass.
Respectfully submitted,
DAVIS of Floyd,
Chairman.
Mr. Lewis of Hancock 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 instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 364 do pass as amended.
Respectfully submitted,
LEWis of Hancock, Chairman.
Mr. Trotter of Taliaferro 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:
House Bill No. 439 do pass.
794
JouRNAL OF THE HousE,
House Bill No. 440 do pass. Respectfully submitted, TROTTER of Taliaferro, Chairman.
By unanimous consent, the following bills of the House, favorably reported, were read the second time:
By Messrs. Eckford and McRae of Fulton, and Beaman of DeKalb-
House Bill No. 305. A bill to amend the Constitution relative to a tax for educational purposes, and for other purposes.
By Mr. Andrews of Crawford-
House Bill No. 364. A bill to amend the Tax Equalization Law, and for other purposes.
By Messrs. Rosser of Walker, Mooty of Troup, and Huddleston of Meriwether-
Hause Bill No. 429. A bill to amend the Constitution providing for the manner in which bills and resolutions appropriating money become laws, and for other purposes.
By Messrs. Eckford and McRae of Fulton-
House Bill No. 439. A bill to create a new charter for the City of East Point, and for other purposes.
By Messrs. Eckford and McRae of Fulton--:-
House Bill No. 440. A bill to create a new charter for the City of East Point, and for other purposes.
By unanimous consent, the following bill of the Senate, favorably reported, was read the second time:
TuESDAY, JuLY 28, 1931.
795
By Mr. Dekle of the 6th District-
Senate Bill No. 47. A bill to amend an Act establishing a public school system in the City of Valdosta, and for other purposes.
By unanimous consent, the following bills of the House were read the third time and placed upon their passage:
By Messrs. Irvin and Huddleston of Meriwether-
Hause Bill No. 130. A bill to be entitled an Act to provide for the compensation to be paid registrars in certain counties, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Childs of Taylor-
House Bill No. 408. A bill to be entided an Act to provide a new charter for the City of Reynolds, and for other purposes.
The report 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.
By Messrs. Mardre and Cochran ofThomas-
House Bill No. 427. A bill to be entitled an Act incorporating the City of Thomasville, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
796
JouRNAL OF THE .HousE,
On the passage of the bill, the ayes were 111, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Dorsett of Carroll-
House Bill No. Ll44. A bill to be entitled an Act relative to the election of the Mayor and Councilmen of the City of Carrollton, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage :lf the bill, the ayes were 108, nays 0.
The bill having received the requisite constitutional majority was passed.
By 1\Ir. Dorsett of Carroll-
House Bili No. 443. A bill to be entitled an Act providing for the election of the Mayor and Councilmen of the City of Carrollton, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, 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 the committees:
By Mr. Reagan of the 35th District-
Senate Bill No. 101. A bill to create a Board of Commissioners of Roads and Revenues for Henry County, and for other purposes.
Referred to Committee on Counties and County Matters.
TuEsDAY, JuLY 28, 1931.
797
By Mr. Pruett of the 32nd District-
Senate Bill No. 104. A bill to abolish the office of Tax Receiver and Tax Collector of Lumpkin County, and for other purposes.
Referred to Committeeon Counties and County Matters.
Under the order of unfinished business, the following bill of the House was again taken up for consideration:
BylMr. Culpepper of Fayette-
House Bill No. 147. A bill to be entitled an Act to make for the last half of the fiscal year 1931 and for the fiscal years 1932 and 1933, appropriations for the maintenance and outlay of the State Departments, Boards, Commissions, Bureaus, Public Institutions and Educational Interest of the State and for the payment of the public debt and interest thereon, and for other purposes.
The House was resolved into the Committee of the Whole House and the Speaker designated Mr. Gillen of Bibb, the Speaker Pro Tern., as the chairman thereof.
The Committee of the Whole House arose and through its chairman reported progress and asked leave to sit again.
The hour of convening the joint session of the House and Senate having arrived, the Senate appeared upon the floor of the House, and the joint session, convened for the purpose of hearing an address by the Hon. Walter F. George, United States Senator from Georgia, was called to order By Hon. Cecil Neill, President of the Senate; the Secretary of the Senate read the joint resolution inviting Senator George to speak to the members of the General Assembly of Georgia.
Senator George addressed the joint session.
Mr. Thomas of Wayne moved that the joint session of the General Assembly do now dissolve, and the motion prevailed.
798
JouRNAL oF THE HousE,
The Speaker called the House to order.
The privileges of the floor were granted to Hon. Marvin O'Neal, Jr. of Chatham County and Hon. Clyde McClure of Stephens County.
Mr. Trapnell of Candler moved that the House do now adjourn, the motion prevailed, and House Bill No. 147 went over as unfinished business of the previous session.
Leave of absence was granted to Messrs. Allen of Baldwin and McElreath of Bartow.
The Speaker announced the House adjourned until this afternoon, at 3:00 o'clock.
AFTERNOON SESSION)
3:00 o'clock, P. l\1.
The House met again at this hour and was called to orderby the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Under the order of unfinished business, the following bill of the House was again taken up for consideration:
House Bill No. 147. A bill known as the General Appropriation Bill.
Mr. Culpepper of Fayette asked unanimous consent to dispense with the reading of Divisions "E" and "F" of House Bill No. 147, in the Committee of the Whole House, and the request was granted.
The House was resolved into the Committee of the Whole House and the Speaker designated Mr. Gillen of Bibb) the Speaker Pro Tern., as the chairman thereof.
TuEsDAY, JuLY 28, 1931.
799
The Committee of the Whole House arose and through its chairman reported House Bill No. 147 back to the House with the recommendation that the same do pass as amended.
On House Bill No. 147 and all amendments thereto, Mr. McGehee of Talbot moved the previous question.
Mr. Lance of Hall moved that the House do now adjourn, and the motion was lost.
The motion for the previous question prevailed, and the main question was ordered.
The following amendments were read and adopted:
SECTION 1.
(a) Committee amends Section 1, Item (a), by striking out the amounts of $30,000.00 for each of the years 1932 and 1933 and inserting in lieu thereof the sum of $25,000.00 for the year 1932 and $25,000.00 for the year 1933.
(b) Committee amends Section 1, Item (b), by striking the item in its entirety and inserting in lieu thereof Item (b) to read as follows:
1932
1933
(b) Insurance on public property$153,000.00 $5,000.00
Provided, that from the above amount appropriated for the fiscal year 1932 the sum of $148,000.00 or so much thereof as may be necessary be expended for insurance premiums on State property to be renewed in January, 1932. Provided further, that from the above amount appropriated the sum of $5,000.00 per annum or so much thereof as may be necessary, be expended for pay-
800
JouRNAL oF THE HousE,
ment of insurance on public property. As provided by Act of 18821883, page 27.
Mr. Lindsay of DeKalb moves to amend House Bill No. 147, Section 2 (a) by striking the figures $365,000-1932 and $355,000-1933 and adding in lieu thereof $265,000-1932, and $265,000-1933.
Messrs. Simmons of. Decatur and Davis of Mitchell move to amend House Bill No. 147 as follows:
Amend Section 2 (a) as amended by deducting from the amount therein appropriated for the year 1932 the sum of $10,000.00 and by amending Section 21 (a) of said Act by adding said sum of $10,000.00 to the sum in said section appropriated for year 1932. Provided, however, that the said additional sum of $10,000.00 appropriated to the said State Board of Health shall be used for the treatment and eradication of trachoma in this State, and provided further that the State Board of Health may use any funds in its hands for prosecution of the emergency work in treating patients suffering from trachoma, and reimburse itself from this additional appropriation of $10,000.00 when same shall become available in 1932.
Messrs. Davis of Floyd and Howard of Chattahoochee move to amend Section 15, Item (b) of House Bill No. 147 by striking $4,237,000.00 for 1932 and S4,237,000.00 for 1933 and substituting in lieu thereof $4,433,500.00 for 1932 and $4,406,000.00 for 1933.
SECTION 18.
(a) Committee amends Section 18, Item (a), by striking out the amounts of $30,000.00 for each of the years 1932 and 1933 and inserting in lieu thereof the sum of $25,000.00 for the year 1932 and $25,000.00 for the year 1933.
Mr. Lindsay of DeKalb moves to amend House Bill No. 147, Section 23, by changing the period at the end of the
TuEsDAY, JuLY 28, 1931.
801
first paragraph of Subsection "a" and adding the following words, "and payment of all salaries."
SECTION 27.
(a) Committee amends Section 27, Item (a), by striking out the amounts of $18,000.00 for each of the years 1932 and 1933 and inserting in lieu thereof the sum of $14,000.00 for the year 1932 and $14,000.00 for the year 1933.
SECTION 36.
(a) Committee amends Section 36, Item (a), by striking out the amounts of S6,500.00 for each of the years 1932 and 1933 and inserting in lieu thereof the sum of $6,000.00 for the year 1932 and $6,000.00 for the year 1933.
SECTION 38.
(a) Committee amends Section 38, Item (a), by striking out the amounts of $60,000.00 for each of the years 1932 and 1933 and inserting in lieu thereof the sum of $50,000.00 for the year 1932 and 850,000.00 for the year 1933.
SECTION 44.
(a) Committee amends Settion 44, Item (a), by striking out the amounts of S175,000.00 for each of the years 1932 and 1933 and inserting in lieu thereof the sum of $150,000.00 for the year 1932 and S150,000.00 for the year 1933.
SECTION 47.
(b-2) Committee amends Section 47, Item (b-2), by striking out the amounts of $200,000.00 for the year 1932 and $165,000.00 for the year 1933 and inserting in lieu thereof $185,000.00 for the year 1932 and S155,000.00 for the year 1933.
802
JouRNAL OF THE HousE,
The following amendment was read:
SECTION 57.
(a) Committee amends Section 57, Item (a), by striking out the amounts of 889,500.00 for each of the years 1932 and 1933 and inserting in lieu thereof the sum of S80,000.00 for the year 1932 and $80,000.00 for the year 1933.
The following amendment to the above amendment was read and adopted:
Mr. \Vall of Putnam amends Committee amendment to House Bill No. 147, Section 57, Item (a), by striking out the amounts of S89,500.00 for each of the years 1932 and 1933 and substituting the figures S89,500.00 for the year 1932 and S80,000.00 for the year 1933.
The amendment was adopted as amended.
The following amendments were read and adopted:
SECTIO~ 58.
(a) Committee amends Section 58, I tern (a), by striking out the amounts of S35,000.00 for each of the years 1932 and 1933 and inserting in lieu thereof the sum of S30,000.00 for the year 1932 and S25,000.00 for the year 1933.
Mr. Hatcher of Johnson moves to amend House Bill No. 147, Division "D," Section 63 (b), by striking Subsection (b) and the proviso therein contained, and substituting the following:
(b) For agricultural extension work to match allotments of Federal Extension Acts for the year 1932, S157,000.00; and for the year 1933, S157,000.00. Provided, that this appropriation shall be used to meet the requirements of what is known as the Smith-Lever Act and Federal Acts and appropriations supplementary thereto.
TuEsDAY, JuLY 28, 1931.
803
And provided further, that seventy-five per cent. of the total amount of funds from all sources for extension work shall be used for the actual pay of salaries of county agents and Home Economic Agents employed in the several counties of the State.
Mr. Culpepper of Fayette moves to substitute for the proviso of Division "E," Section 86, the following:
"Provided, that from the above sum shall be paid the salaries of the justices, court reporters, stenographers and sheriff as prescribed by law, $3,500.00 for the contingent fund of the court and the payment of the travel expenses of assigned judges, and $3,000.00 for all fees due the clerk in pauper criminal cases upon proper showing to the Governor and for any deficiency between the costs received and the minimum salaries allowed by law to employees whose salaries are payable from the costs."
Mr. Culpepper of Fayette moves to substitute for the proviso of Division "E," Section 87, the following:
"Provided, that from the above sum shall be paid the salaries of the judges, court reporters, stenographers, and sheriff as prescribed by law, S--1,500.00 for the contingent fund of the court and the purchase of books and supplies and the payment of the travel expenses of assigned judges, and 83,000.00 for all fees due the clerk in pauper criminal cases upon proper showing to the Governor and for any deficiency between the costs received and the minimum salaries allowed by law to employees whose salaries are payable from the costs."
Messrs. Culpepper of Fayette, Rivers of Wheeler, and Allen of Baldwin move to amend House Bill No. 147 in Part II, Division A, Executive Department, by striking the figure $62,500.00 from Section 4 (a) thereof and substituting in lieu thereof the figures $57,500.00.
Messrs. Culpepper of Fayette, Rivers of Wheeler, and Allen of Baldwin move to amend House Bill No. 147 in
804
JouRNAL OF THE HousE,
Part II, Division A, Executive Department, by striking from Section 5 (a) thereof the figures $78,500.00 and substituting in lieu thereof the figures $73,500.00.
Mr. Hatcher of Johnson moves to amend House Bill No. 147, Part II-For Last Half of Fiscal Year 1931-Division "A," Section 5-Educational Institutions, Subsection (a) by striking said Subsection (a) of Section 5, and substituting in lieu thereof, the following:
(a) For the State College of Agriculture for agricultural extension work to match allotments of Federal Extension Acts for the last half of the fiscal year of 1931, the sum of $73,500.00. Provided, that this appropriation shall be used to meet the requirements of what is known as the SmithLever Act and Federal Acts and appropriations supplementary thereto.
And provided further, that seventy-five per cent. of the total amount of funds from all sources for extension work shall be used for the actual pay of salaries of county agents and Home Economic Agents employed in the several counties of the State.
Messrs. Culpepper of Fayette, Rivers of Wheeler, and Allen of Baldwin move to amend House Bill No. 147 in Part II, Division A, Executive Department, by adding a new section, to be known as Section 6 thereof reading as follows:
SECTION 6. PRISON COMMISSION.
(a) For the purpose of rebuilding the tubercular hospital at the State Farm at Milledgeville destroyed by fire. . . . . . . . . . . . $10,000.00
Mr. Culpepper of Fayette moves to amend House Bill No. 147 by adding to Division "A" of Part II a new section, to be numbered Section 7, and to read as follows:
"Section 7. Be it further enacted that in the event any department, board, commission, bureau, institution or
TuEsDAY, JuLY 28, 1931.
805
other agency of the State, for which an appropriation is made in this Act, shall be consolidated with any other department, board, commission, bureau, institution, or other agency of the State, or in the event of the reorganization of any of such departments, board, commissions, bureaus, institutions, or other agencies of the State, so as to form a department, board, commission, bureau, institution, or agency of the State not now existing, the appropriation herein made for any such department, board, commission, institution, or other agency of the State, so consolidated or reorganized, or so much thereof as may be necessary, shall, notwithstanding the fact that the same may have been abolished by such consolidation or reorganization, under the direction of the Governor, be available for use by the board, departments, commission, bureau, institution, or other agency of the State with which any such department, board, commission, institution, or other agency of the State may be consolidated, or for use by the department, board, commission, bureau, institution, or other agency of the State, formed by such reorganization, for the purposes for which such appropriation is herein made."
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:
Those voting in the affirmative were Messrs.:
Adams Alexander Almand Andrews Arnold Arrington Ashley Atwood Awtrey Bargeron Battle Beaman
Beasley Bennett of Jeff Davis Bland Brannen Brown Brunson Bunn Burton Bush Cain Cannon Carlisle of Bibb
Carlisle of Grady Cartledge
C~alker
Childs Cochran Colson Courson Cowart Cozart Crawford Culpepper of Echols Culpepper of FaYette
806
JouRNAL OF THE HousE,
Davis of Floyd
Jones of Burke
Davis of Jackson
Jones of Paulding
Davis of Mitchell
Kennedy
Davis of Troup
Key
Dixon
Killebrew
Donaldson
Kimbrough
Dorsett
Kimsey
Duncan
King of Newton
Dykes
Lance
Eckford
Lanham
Edmondson
Lanier
Edwards of Gilmer
Leathers
Edwards of Stephens Lester
Elliott
Lewis of Hancock
Evans
Lindsay
Fagan
Logan
Franklin
Lord
Fraser
McGehee
Freeman
McKoy
Gillen
McLeod
Graham
McRae
Grayson
McWhorter
Green
Mallard
Griffeth
Mardre
Griffin of Decatur
Mattox
Griffin of Wilkes
Mercer
Gullatt
Meredith
Hardin
Mixon
Harrison of Jenkins Montgomery
Hatcher
Mooty
Hawes
Moye
Hodges
Mundy
Horne
Musgrove
Howard of Chatt'h'chee Nelson of Laurens
Howard of Long
Oliver
Hubbard of Habersham Osteen
Huddleston
Parham
Hutcheson
Park
Hyman
Patten
Irvin
Paulk
Johnson of Montgomery Phillips
Johnson of Seminole Pittard
Pope Powell Preston Purdy Rivers Roberts Robertson Ross of Appling Ross of Dodge Sammon Sc:ubrough Seckinger Sharpe Shirley Simmons Sims Sisk Skelton Spivey Stanton Still Strickland of Douglas Stricldand of Haralson Sutton Taylor Thomoson Tippins Trapnell Turner Waldrop Walker of Brooks Walker of Morgan Walker of Screven Wall Weeks Westbrook Whittle Wilkes Williams Wilson Yawn
Those voting in the negative were Messrs.:
King of Clay
Stewart
TuEsDAY, JuLY 28, 1931.
807
Those not voting were Messrs.:
Allen Barrett Bean Bennett of Bacon Chambers Clark Clements of Marion Clements of Telfair Collier Crowe Cullens Edwards of Lowndes Gary Greer Hampton
Harris
Peebles
Harrison of Camden Purvis
Holt
Rabun
Hubbard of Wilkinson Rosser
James
Stone
Johnson of Pike
Swain
Johnston
Tate
Jones of Lumpkin Thomas
Lewis of Gordon
Thompson
McElreath
Townsend
Maynard
Trotter
Morris
Walker of Ben Hill
Myrick
Wood
Nelson of Cook
Mr. Speaker
Pace
By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 161, nays 2.
The bill having received the requisite constitutional majority was passed as amended.
Mr. Harrison of Jenkins asked unanimous consent that when the House adjourn, it stand adjourned until tomorrow morning at 9:00 o'clock, and the request was granted.
By unanimous consent, House Bill No. 147 was immediately transmitted to the Senate.
Mr. Taylor of Washington 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.
808
JouRNAL OF THE HousE,
REPRESENTATIVE HALL, ATLANTA, GA.,
WEDNESDAY, JuLY 29, 1931.
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 Allen Almand Andrews Arnold Arrington Ashley Atwood Awtrey Bargeron Barrett Battle Beaman Bean Beasley Bennett of Bacon Bennett of Jeff Davis Bland Brannen Brown Brunson Bunn Burton Bush Cain Cannon Carlisle of Bibb Carlisle of GradY Cartledge Chalker
Chambers Childs Clark Clements of Marion Clements of Telfair Cochran Collier Colson Courson Cowart Cozart Crawford Crowe Cullens Culpepper of Echols Culpepper of Fayette Davis of Floyd Davis of Jackson Davis of Mitchell Davis of Troup Dixon Donaldson Dorsett Duncan Dykes Eckford Edmondson Edwards of Gilmer Edwards of Stephens Elliott Evans
Fagan Franklin Fraser Freeman Gary Gillen Graham Grayson Green Greer Griffeth Griffin of Decatur Griffin of Wilkes Gullatt Hampton Hardin Harris Harrison of Camden Harrison of Jenkins Hatcher Hawes Hodges Holt Horne Howard of Chatt'h'chee Howard of Long Hubbard of Habersham Hubbard of Wilkinson Huddleston Hutcheson Hyman
WEDNESDAY, JULY 29, 1931.
809
Irvin
Montgomery
James
Mooty
Johnson of Montgomery Morris
Johnson of Pike
Moye
Johnson of Seminole Mundy
Johnston
Musgrove
Jones of Burke
Myrick
Jones of Lumpkin Nelson of Cook
Jones of Paulding
Nelson of Laurens
Kennedy
Oliver
Key
Osteen
Killebrew
Pace
Kimbrough
Parham
Kimsey
Park
King of Clay
Patten
King of Newton
Paulk
Lance
Peebles
Lanham
Phillips
Lanier
Pittard
Leathers
Pope
Lester
Powell
Lewis of Gordon
Preston
Lewis of Hancock
Purdy
Lindsay
Purvis
Logan
Rabun
Lord
Rivers
McElreath
Roberts
McGehee
Robertson
McKoy
Ross of Appling
McLeod
Ross of Dodge
McRae
Rosser
McWhorter
Sammon
Mallard
Scarbrough
Mardre
Seckinger
Mattox
Sharpe
Mercer
Shirley
Meredith
Simmons
Mixon
Sims Sisk Skelton Spivey Stanton Stewart Still Stone Strickland of Douglas Strickland of Haralson Sutton Swain Tate Taylor Thomas Thomason Thompson Tippins Townsend Trapnell Trotter Turner Waldrop Walker of Ben Hill
Walker o'f Brooks
Walker of Morgan Walker of Screven Wall Weeks Westbrook Whittle Wilkes Williams Wilson Wood Yawn Mr. Speaker
Mr. Hardin of Whitfield, 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.
810
JouRNAL oF THE HousE,
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 Com~ittees. 3. Reading of House and Senate bills and ~resolutions, favorably reported, a second time.
4. Passage of uncontested local House and Senate bills and resolutions.
5. First reading of Senate bills and resolutions.
6. House bills with Senate amendments.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requ1s1te constitutional majority the following bills of the Senate, to-wit:
By Mr. Neill of the 24th District-
Senate Bill No. 1. A bill to be entitled an Act to provide for nominations by political parties or organizations in this State of candidates for National, State and County Officies; to define the terms "Presidential Primaries," "County Primaries," and "State Primaries," within the provisions of this Act.
By Mr. Strickland of the 1st District-
Senate Bill No. 66. A bill to be entitled an Act to amend an Act, approved August 23, 1927, being an Act to amend the Georgia Motor Vehicle Law, and all Acts amendatory thereof.
WEDNESDAY, }ULY 29, 1931.
811
By Mr. Duckworth of the 7th District-
Senate Bill No. 88. A bill to be entitled an Act to change the time for holding Grady Superior Court from the 1st Monday in September to the 4th Monday in October.
By Messrs. Duckworth of the 7th District and Perkins of the 17th District-
Senate Bill No. 98. A bill to be entitled an Act to regulate expenses of State employees; to limit maximum price to be paid for passenger automobiles, and for other purposes.
The Senate has also passed by the requisite constitutional majority the following resolution of the Senate, to-wit:
By Mr. Richardson of the lOth District-
Senate Resolution No. 34. A resolution to authorize the State Highway Department to pave old Blue Springs Road in Dougherty County, and for other purposes.
The Senate has also passed by the requisite constitutional majority the following bills of the House, to-wit:
By Mr. Gullatt of Campbell-
House Bill No. 167. A bill to be entitled an Act to amend an Act approved August 9, 1929; to provide that all properties of Campbell County shall become the property of Fulton County; and for other purposes.
By Mr. Shirley of Milton-
House Bill No. 187. A bill to merge Milton County with Fulton County.
By Mr. Thomas of WayneHouse Bill No. 272. A bill to be entitled an Act to amend
812
JouRNAL OF THE HousE,
an Act establishing the City Court of Jesup in and for the County of Wayne, and for other purposes.
By Mr. Clark of Catoosa-
House Bill No. 308. A bill to increase the number of terms of the Superior Court of Catoosa County, Georgia, to provide the length of such terms and the date when such terms shall be held, and for other purposes.
The Senate has also passed as amended by the requisite constitutional majority the following bill of the House, to-wit:
By Mr. Horne of Lee-
House Bill No. 135. A bill to be entitled an Act to abolish the City Court of Leesburg in the County of Lee, and for other purposes.
By unanimous consent, the following bills and resolutions
of the House were introduced, read the first time, and
referred to the committees:
By Messrs. Battle, Meredith, and Roberts of Muscogee-
House Bill No. 485. A bill to ratify the sale of certain land by the City of Columbus, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Spivey and Williams of Emanuel-
House Bill No. 486. A bill to abolish the office of Treasurer of Emanuel County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Pittard and Sammon of Gwinnett-
House Bill No. 487. A bill to create the City Court of Gwinnett County, and for other purposes.
Referred to Committee on Corporations.
WEDNESDAY, JuLY 29, 1931.
813
By Mr. Harrison of Camden-
House Bill No. 488. A bill to amend an Act creating the Board of Road Commissioners of Camden County, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Lindsay of DeKalb-
House Bill No. 489. A bill to amend the General Tax Act, and for other purposes.
Referred to Committee on Ways and Means.
By Mr. Stone of Early-
House Bill No. 490. A bill to repeal an Act creating the City Court of Blakely, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Stone of Early-
House Bill No. 491. A bill to create the City Court of Early County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Mooty of Troup and Meredith of Muscogee-
House Bill No. 492. A bill to provide how Minority
Political Party may perfect an organization in this State,
and for other purposes.
-
Referred to Committee on General Judiciary No. 1.
By Messrs. Mattox and Sutton of Colquitt, and Hatcher of Johnson-
House Bill No. 493. A bill providing for the State insuring its property, and for other purposes.
Referred to Committee on State of the Republic.
814
JouRNAL oF THE HousE,
By Messrs. Pace of Cobb, Wall of Putnam, and Lindsay ofDeKalb-
House Bill No. 494. A bill relating to physical fitness of school teachers, and for other purposes.
Referred to Committee on Education.
By Mr. Horne of Lee-
House Bill No. 495. A bill prohibiting the erection of signs on the highways of this State, and for other purposes.
Referred to Committee on Public Highways.
By Mr. Greer of Macon-
House Bill No. 496. A bill to amend an Act incorporating the Town of Ideal, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Colson of Glynn-
House Bill No. 497. A bill to amend the Constitution, so as to exempt plants manufacturing wood-pulp or paper from taxation, and for other purposes.
Referred to Committee on Amendments to the Constitution.
By Messrs. Brannen and Donaldson of Bulloch-
Hause Resolution No. 70-496a. A resolution instructing the Highway Department to pave certain roads, and for other purposes.
Referred to Committee on Public Highways.
By Messrs. Battle, Meredith, and Roberts of MuscogeeHouse Resolution No. 71-496b. A resolution to relieve
WEDNESDAY, jULY 29, 1931.
81_5
D. A. Andrews and Louis Simons as sureties, and for other
purposes.
Referred to Committee on General Judiciary No. 2.
Mr. Walker 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 bills of the Senate and House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
Senate Bill No. 63 do pass.
House Bill No. 379 do pass.
House Bill No. 462 do pass. House Bill No. 463 do pass.
Respectfully submitted, WALKER of Ben Hill,
Chairman.
Mr. Andrews of Crawford County, Chairman of the Committee on Counties 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 House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
Senate Bill No. 101 do pass as amended.
House Bill No. 411 do pass.
816
JouRNAL oF THE HousE,
House Bill No. 402 do not pass. House Bill No. 465 do pass. House Bill No. 412 do pass. House Bill No. 413 do pass. House Bill No. 415 do pass. House Bill No. 417 do pass. House Bill No. 418 do pass. House Bill No. 433 do pass. House Bill No. 456 do pass. House Bill No. 464 do pass. House Bill No. 466 do pass. House Bill No. 458 do pass. House Bill No. 457 do pass. House Bill No. 451 do pass. House Bill No. 340 do pass by substitute.
Respectfully submitted, ANDREWS of Crawford, Chairman.
Mr. Hubbard of Wilkinson, Chairman of the Committ on Enrollment, submitted the following report:
Mr. Speaker:
Your Committee on Enrollment has examined, fou properly enrolled, signed, and ready for delivery to t Governor, the following Act, to-wit:
WEDNESDAY, JuLY 29, 1931.
817
House Bill No. 187. Fulton Counties.
An Act to merge Milton and
Respectfully submitted, HuBBARD of Wilkinson, Chairman.
Mr. Lewis of Hancock 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 instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 115 do pass as amended.
Respectfully submitted, LEWIS of Hancock, Chairman.
Mr. Montgomery of Webster County, Chairman of the Committee on Invalid Pensions and Soldiers' Home, submitted the following report:
Mr. Speaker:
Your committee on Invalid Pensions and Soldiers' Home 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:
House Bill No. 368 do pass.
Respectfully submitted,
MoNTGOMERY of Webster,
Chairman.
818
JouRNAL oF THE HousE,
Mr. Trotter of Taliaferro County, Chairman of the Committee on Municipal Government, submitted the following report:
iVr. Speaker:
Your Committee on Municipal Government has'fhad under consideration the following bills of the House"fand has instru.cted me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 454 do pass. House Bill No. 4711 do pass.
Respectfully submitted,
TROTTER of Taliaferro,
Chairman.
Mr. Tippins of Evans County, Chairman of the Ccmmi ttee on Railroads, submitted the following report:
.Hr. Speaker: Your Committee on Railroads has had under considera-
tion 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 that:
House Bill No. 57 do pass.
Senate Bill No. 61 do pass.
Respectfully submitted, TIPPINS of Evans,
Chairman.
Mr. Crawford of Floyd County, Chairman of the Com-
mittee on Special Judiciary, submitted the following report:
WEDNESDAY, JULY 29, 1931.
819
Mr. Speaker: Your Committee on Special Judiciary has had under
consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 406 do pass by amendment. House Bill No. 423 do pass. House Bill No. 424 do pass. House Bill No. 404 do pass. Senate Bill No. 48 do pass. House Bill No. 389 do not pass.
Respectfully submitted, CRAWFORD of Floyd, Chairman.
By unanimous consent, the following bills of the House, favorably reported, were read the second time:
By Messrs. Crawford, Davis, and Lanham of Floyd-
House Bill No. 57. A bill relating to the licensing of motor vehicle operators, and for other purposes.
By Messrs. Sutton and Mattox of Colquitt-
House Bill No. 115. A bill to make husband and wife witness against each other in criminal proceedings, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Walker of Brooks-
House Bill No. 340. A bill to. amend an Act creating the City Court of Quitman, and for other purposes.
820
JouRNAL OF THE HousE,
By Mr. Montgomery of Webster-
House Bill No. 368. A bill to amend the Acts relating to the governing of the Confederate Soldiers' Home, and for other purposes.
By Mr. Walker of Ben Hill-
House Bill No. 379. A bill to amend the Code, relative to "Short Order Sales," and for other purposes.
By Mr. Thomas of Wayne-
House Bill No. 404. A bill to amend an Act establishing the City Court of Jesup, and for other purposes.
By Messrs. Arnold and Wood of Clarke-
House Bill No. 406. A bill to amend an Act chartering the City of Athens, and for other purposes.
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 411. A bill to provide for certain records to be kept by certain officers in certain counties, and for other purposes.
By Mr. Parham ofHeard-
House Bill No. 412. A bill to amend an Act, relative to the Board of Commissioners of Roads and Revenues of Heard County, and for other purposes.
By Messrs. Mardre and Cochran of Thomas-
House Bill No. 413. A bill to authorize certain county officers to appropriate funds for the support of a Public Library, and for other purposes.
By Messrs. Bargeron and Jones of BurkeHouse Bill No. 415. A bill to repeal sections of an Act
WEDNESDAY, JuLY 29, 1931.
821
providing for the selection of the Board of Commissioners of Roads and Revenues for Burke County, and for other purposes.
By Mr. Montgomery of Webster-
House Bill No. 417. A bill to repeal an Act amending an Act creating a Board of Commissioners of Roads and Revenues of \Vebster County, and for other purposes.
By Mr. Montgomery of Webster-
House Bill No. 418. A bill to create the office of Commissioner of Roads and Revenues of vVebster County, and for other purposes.
By Messrs. Davis and Lord of Jackson-
House Bill No. 423. A bill to repeal an Act establishing the City Court of Jefferson, and for other purposes.
By Messrs. Davis and Lord of Jackson-
House Bill No. 424. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Jackson County, and for other purposes.
By Mr. Skelton of Hart-
House Bill No. 433. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Hart, and for other purposes.
By Dr. Pace of Cobb-
House Bill No. 451. A bill to amend the charter of Smyrna, and for other purposes.
By Messrs. Rosser and Hutcheson of Walker-
House Bill No. 454. A bill to amend the charter of the City of Rossville, and for other purposes.
822
JOURNAL OF THE HousE,
By Mr. Edmondson of Chattooga-
House Bill No. 456. A bill to amend the charter of the Town of Trion, and for other purposes.
By Messrs. Sutton and Mattox of Colquitt-
House Bill No. 457. A bill to create the City Court of Colquitt County, and for other purposes.
By Messrs. Sutton and Mattox of Colquitt-
House Bill No. 458. A bill fixing the time of holding Superior Courts in Colquitt County, and for other purposes.
By Mr. Scarbrough of Polk-
House Bill No. 462. A bill to amend the charter of the City of Rockmart, and for other purposes.
By Mr. Scarbrough of Polk-
House Bill No. 463. A bill to amend the several Acts incorporating the City of Cedartown, and for other purposes.
By Mr. Patten of Lanier--
Hause Bill No. 464. A bill to abolish the office of County Surveyor of Lanier County, and for other purposes.
By Mr. Patten of Lanier-
Hause Bill No. 465. A bill to repeal an Act prescribing the jurisdiction of the County Court of Lanier, and for other purposes.
By Mr. Patten of Lanier-
Hause Bill No. 466. A bill to provide for the election of the members of the County Board of Education of Lanier County, and for other purposes.
WEDNESDAY, JuLY 29, 1931.
823
By Mr. McGehee of TalbotHouse Bill No. 474. A bill to repeal an Act incorporating
the Town of Box Springs, and for other purposes.
By unanimous consent, the following bills of the Senate, favorably reported, were read the second time:
By Mr. Reagan of the 35th DistrictSenate Bill No. 48. A bill to amend the Code, relative
to compensation of salary to be paid Judges of County Courts, and for other purposes.
By Mr. McWhorter of the 50th DistrictSenate Bill No. 61. A bill to regulate the operation of
trains by separate and independent railroads, and for other purposes. By Mr. Stark of the 43rd District-
Senate Bill No. 63. A bill to pmvide that all quasi public corporations of this State shall make financial reports to the State Auditor, and for other purposes. By Mr. Reagan of the 35th District-
Senate Bill No. 101. A bill to create a Board of Commissioners of Roads and Revenues for Henry County, and for other purposes.
By unanimous consent, the following bills of the House were read the third time and placed upon their passage: By Mr. Mallard of Charlton-
House Bill No. 377. .-\bill to create a new charter for the City of Folkston, and for other purposes.
The report 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 0. The bill having received the requisite constitutional majority was passed. By Messrs. Eckford and McRae of FultonHouse Bill No. 440. A bill to be entitled an Act to create a new charter for the City of East Point, and for other purposes.
824
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 107, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Eckford and McRae of Fulton-
House Bill No. 439. A bill to be entitled an Act to create a new charter for the City of East Point, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill having received the requisite constitutional majority was passed.
By unanimous consent, the following bill of the Senate was read the third time and placed upon its passage:
By Mr. Dekle of the 6th District-
Senate Bill No. 47. A bill to be entitled an Act to amend an Act establishing a public school system for the City of Valdosta, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, nays 0.
The bill having received the requisite constitutional majority was passed.
By unanimous consent, the following bills and resolution of the Senate were read the first time and referred to the committees:
WEDNESDAY, }ULY 29, 1931.
825
By Mr. Neill of the 24th District-
Senate Bill No. 1. A bill to provide for nominations by political parties of candidates for National, State, and County Offices, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Strickland of the 1st District-
Senate Bill No. 66. A bill to amend the Georgia Motor Vehicle Law, and for other purposes.
Referred to Committee on Public Highways.
By Mr. Duckworth of the 7th District-
Senate Bill No. 88. A bill to change the time for holding Grady Superior Court, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Duckworth of the 7th District and Perkins of the 17th District-
Senate Bill No. 98. A bill to regulate expenses of State employees, and for other purposes.
Referred to Committee on State of the Republic.
By Mr. Richardson of the lOth District-
Senate Resolution No. 34. A resolution to authorize the State Highway Department to pave old Blue Springs Road in Dougherty County, and for other purposes.
Referred to Committee on Public Highways.
The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:
By Messrs. Battle, Meredith, and Roberts of MuscogeeHouse Bill No. 285. A bill to be entitled an Act to
826
JouRNAL oF THE HousE,
amend the Act creating a new charter for the City of Columbus, Georgia, and for other purposes.
The Senate amendment was disagreed to.
Under the regular order of business, the following bill of the House was taken up for consideration and read the third time:
By Messrs. Ross of Appling, Stanton and Bunn of Ware, :\twood of Mcintosh, Mallard of Charlton, Swain of \Varren, and Harrison of Camden--
House Bill No. 1. A bill to be entitled an Act to create a Text-Book Commission, to define their duties, to provide for uniform text-books in the schools; to provide for their publication, purchase, and distribution at actual cost, and for other purposes.
Mr. Culpepper of Fayette asked unanimous consent that when the House resolve itself into the Committee of the \\'hole House for the consideration of House Bill No. 1, that the House instruct the Committee of the \Vhole House to dispense with reading the bill and all amendments thereto in their entirety, and the request was granted.
The House was resolved into the Committee of the \\'hole House, and the Speaker designated Mr. Gillen of Bibb, the Speaker Pro Tern., as the chairman thereof.
The Committee of the Whole House arose, and through its chairman reported House Bill No. 1 back to the House with the recommendation that the same do pass by substitute as amended.
Mr. Beaman of DeKalb moved the previous question on House Bill No. 1, the Committee substitute, and all amendments thereto.
The motion for the previous question prevailed, and the main question was ordered.
WEDNESDAY, JULY 29, 1931.
827
The following Committee substitute was read:
By the Committee-
A BILL
To be entitled an Act to create a Text-Book Commission for the State of Georgia; to define their duties and powers; to provide for the adoption and use of a uniform series of text-books in the public schools of the State; to provide how text-books used in the common-schools of this State shall be adopted, prepared, published, purchased, distributed and sold; to provide a revolving fund for these purposes; to provide for the sale of textbooks at actual cost; to repeal existing laws; to provide penalties for the violation of the provisions of this Act; and for other purposes.
Be it enacted, by the General Assembly of Georgia, and it is hereby enacted by authority of the same:
Section 1. A special Text-Book Commission is hereby created for the State of Georgia. The members of said Text-Book Commission shall be the members of the State Board of Education and the State Board of Education shall be the Text-Book Commission. The Governor shall be ex-officio member of the Text-Book Commission and the State School Superintendent shall be the secretary and executive officer of the Text-Book Commission. The members of the Text-Book Commission shall serve without compensation but shall be allowed their actual traveling expenses in attending meetings of the Commission upon submitting a sworn itemized statement accompanied by proper vouchers, to be paid out of the State Treasury upon the warrant of the Governor. The total expenses for all members shall not exceed three hundred dollars per year.
Sec. 2. Before transacting business relating to the duties of the commission, they shall each take an oath
828
JouRNAL oF THE HousE,
before an officer authorized to administer same, as follows: "We, and each of us, do solemnly swear that we will faithfully discharge all the duties imposed upon us as members of the Text-Book Commission and we, and each of us, do further swear that we are not interested, directly or indirectly, in the publication or sale of any school book now in use in the common or high schools of this State, and we further swear that we will not become interested in any contract that may be made by the Text-Book Commission and that we will receive no personal benefit therefrom, so help us God."
Sec. 3. The Text-Book Commission shall adopt a uniform series of text-books for use in all the common schools of this State, and shall have the authcrity to adopt a uniform series of text-books for use in the high schools of this State, when in their judgment it is advisable and for the best interests of the patrons of said high schools so to do. The text-books so adopted shall include the elements of an English education as at present defined and enumerated by law and such other branches of study as may be provided by statute. None of said books so adopted shall contain anything of a partisan or sectarian nature. The manner of adoption shall be as provided herein.
Sec. 4. The Text-Book Commission is empowered and directed to formulate and put into effect a system of purchasing, publishing, and distributing the text-books adopted by them, which will reduce the present prices of textbooks now in effect under existing contracts and methods of sale and distribution. For the purpose of putting such system into effect the Text-Book Commission is authorized to make any and all necessary rules and regulations they may deem proper.
Sec. 5. Nothing in this Act shall be construed to authorize the Text-Book Commission to adopt text-books in the manner and numbers now authorized by law and the sale and distribution of all text-books adopted shall be by and through the agency or agencies created in accordance
WEDNESDAY, }ULY 29, 1931.
829
with the provisions of this Act. The term "adoption" shall mean the purchase of manuscripts outright or upon a royalty basis, the purchase of copyrights for the State of Georgia, the renting of plates, the purchase of textbooks by the Commission direct from the publishers in quantities, and/or a contract with any publisher for the use of any text-book as provided in Section 8 of this Act.
Sec. 6. The Text-Book Commission is empowered and authorized to have books for the common or high schools printed by contract by the lowest and best bidders after due advertisement for at least thirty days in at least four newspapers of general circulation in the State, which advertisement shall contain the specifications of such proposed contract, and to carry out this provision the said Commission is authorized to rent plates, secure copyrights for use in this State, buy manuscripts outright or on a royalty basis, and to have the same electrotyped or plates made thereof and copyrights secured, to employ competent authors or to do any other act or thing necessary to carry out the provisions of this Act in publishing said text-books by contract.
Sec. 7. The Text-Book Commission is hereby empowered
to contract with the publishers of any text-book the com-
mission may adopt, for the purchase of text-books in quan-
tities sufficient to supply the children in any or all of the
grades of the common schools of this State, based on esti-
mates and the school census.
Sec. 8. The Text-Book Commission is authorized and empowered to contract with any publisher of school-books for the use of any book which may be adopted at a lower cost than is possible by having a similar text of equal grade and character and of the same subject or course of study, printed by contract or purchased in quantities; provided that such publisher will agree to have such books handled through the agency of distribution created and recognized. Provided, that only one text-book of any one subject or course of study for any one grade shall be so
830
JouRNAL OF THE HousE,
adopted and then for no longer period of adoption than other text-books adopted by the Commission.
Sec. 9. For the purpose of carrying out the provisions of this Act the Text-Book Commission is authorized and the State Board of Education is directed, upon recommendation of the Text-Book Commission, to set apart from the appropriation made to the common schools of this State, in any year, beginning in the year 1933, a sum not to exceed four hundred thousand (S400,000.00) dollars, or so much thereof as may be necessary, for any one year; said fund shall constitute a revolving fund for the purpose of carrying out the provisions of this Act, whether to print text-books by contract, secure copyrights, purchase manuscripts outright or on a royalty basis, to rent plate, to have plates and electrotypes made, to purchase text-books in quantities, and to cover the cost of distribution of textbooks; any and all of such items to be taken into account in computing the prices at which said text-books shall be sold, and to be repaid into said revolving fund in the manner hereinafter prescribed. After the plan or system formulated and adopted by the Text-Book Commission for the publication and/or purchase and sale and distribution of text-books under the provisions of this Act are fully in effect and operation in all the schools of this State, any surplus in said revolving fund not required in the operation of the said system and in carrying out the provisions of this Act shall be repaid into the common school fund of the State.
Sec. 10. If the revolving fund provided herein is not sufficient in amount to enable the Text-Book Commission to print, purchase, contract for or otherwise render available, text-books for all of the grades of the common schools of the State in any one year, the Text-Book Commission is authorized first to supply text-books under the plan adopted by them, to the lower grades, beginning with the first grade and adding a grade or grades each year until
WEDNESDAY, juLY 29, 1931.
831
text-books for all grades in the public schools of this State shall be supplied under the plan or system adopted.
Sec. 11. The sale of any text-book adopted under the present method of adoption in effect at the time of the passage of this Act is prohibited after the period of adoption or term of the contract has expired or is changed by the Text-Book Commission.
Sec. 12. The Text-Book Commission shall meet in the office of the Secretary not later than June 1, 1932, and shall advertise in such manner and form as they may deem best, that at a time to be fixed by the said Commission, but not later than September 1, 1932, the Text-Book Commission will receive at the office of the Secretary manuscript texts of school-books, specifying the subjects, grades and course of study, to be purchased outright or adopted on a royalty or copyright basis. At the same time the Text-Book Commission shall advertise for sealed bids or proposals from publishers of text-books, for the purchase of text-books in sufficient quantities to supply the children in any or all of the grades of the common schools of this State, specifying the quantities of each text-book required, as wll as such other specifications as to the Commission shall seem necessary, and any bidder under such advertisement shall state in his proposal the price or prices at which the said text-books will be sold to the Text-Book Commission delivered to their office in Atlanta, and shall also state in said proposal the rate ~t which plates for the printing of such texts will be rented to the Text-Book Commission. Each and every proposal from a publisher shall be accompanied by specimen copies of all books specified in said bid or proposal. The Commission shall, at the same time, advertise for bids from publishers of school-books to be furnished upon contract as provided in Section 8 of this Act.
Sec. 13. The Text-Book Commission shall, at the time of, or before the meeting aforesaid, appoint a committee of outstanding and specially qualified educators of this
832
JouRNAL OF THE HousE,
State, not more than six in number, to whom the manuscripts, bids a:nd specimen copies shall be submitted for examination. The said committee shall serve for a term concurrent with that of the members of the Text-Book Commission, in such manner as the Text-Book Commission shall determine. The said committee shall serve without compensation, but their actual expenses shall be allowed and paid by the commission out of the revolving fund aforesaid, upon the submission of vouchers and affidavit thereto.
The said committee shall carefully examine and consider the matters submitted to them, having due regard to the subject matter, mechanical makeup and price, and shall within thirty days recommend to the Text-Book Commission in writing three books, or texts for each subject in a given course of study, and in so doing shall not recommend more than one book in each course of study from or by the same author or publisher.
From the recommendation made by the said committee the Text-Book Commission shall select one text or book, which shall be the text or book adopted and shall not be changed during the period of adoption. Provided, however, that if in the opinion of the Text-Book Commission a suitable text as to subject matter and price, in any or all subjects or courses of study, is not included in said recommendation, the said committee may be required to make new recommendations in the same manner as before.
If the committee should recommend, and the Text-Book Commission should adopt, a manuscript or text submitted by any person, instead of a published book, then the TextBook Commission shall at once advertise for bids for making plates, and/or electrotypes and/or printing said book from the manuscript. If the Text-Book Commission should elect to rent plates of any text submitted in the proposal of any publisher, instead of buying such books in quantities or under contract as provided in Section 8 of this Act, then the Text-Book Commission shall at once
WEDNESDAY, }ULY 29, 1931.
~33
advertise for bids for printing books from such plates, as hereinbefore provided.
The Text-Book Commission shall have the right to reject any and all bids and shall have the right to re-advertise as often as in any manner they may deem necessary to carry out the plan or system adopted by them. The Text-Book Commission shall have the right to require bidders to post a sufficient bond with their bids to insure good faith and to require bonds from successful bidders in amounts sufficient to insure their compliance with the terms of their contracts.
Sec. 14. Any adoption, contract or purchase of textbooks by the Text-Book Commission shall be for a period of not more than five years. All contracts made by county boards of education, or independent school districts for school-books prior to the adoption of this Act shall not be affected by this Act.
Sec. 15. The Text-Book Commission is authorized and directed to create a Central Depository or Agency for the distribution of the text-books adopted, printed and purchased by them, to the several counties of this State, which depository or agency of distribution shall be under the direct supervision and control of the Text-Book Commission. The expense of maintaining such agency shall be paid from the revolving fund herein provided and shall be added to the prices :>f the books sold as a part of the cost thereof.
Sec. 16. Text-books purchased, published or contracted for by the Text-Book Commission under the provisions of the preceding sections shall be distributed by the TextBook Commission through the County School Superintendent in each county of the State to the school patrons at the prices fixed by the Text-Book Commission, which shall be the actual cost of purchase and/or production and distribution. The County School Superintendent in each county of this State is hereby charged with the
83-1
JouRNAL oF THE HousE,
duty of ascertaining the requirements of all schools in his county, including independent school districts and systems, of school-books for all grades in such schools for which adoptions shall have been made under the provisions of this A.ct, at least sixty days before the beginning of each school term, and the County School Superintendent shall make requisition to the Text-Book Commission for such requirements sixty days before the beginning of each school term, said requisitions to be approved by the Chairman of the County Board of Education or the Chairman of the Board of Education or Board of Trustees of each independent school district or system in his county.
Upon receipt of such requisition the Text-Book Commission shall determine whether same is reasonable and sufficient for the needs of the common schools in said county and upon the approval thereof shall cause the books so requisitioned to be forwarded to the County School Superintendent and charged to him upon the books of the Text-Book Commission. Said books shall then be sold to the school patrons by the County School Superintendent at the prices fixed by the Text-Book Commission, for cash. The amounts received by the County School Superintendent from the sale of text-books shall immediately be remitted by him to the Text-Book Commission to reimburse the revolving fund for such expenditure made in the purchases, preparation and distribution of such books. The Text-Book Commission shall have the authority to require the return of all unsold books from the County School Superintendent at any time. At least sixty days before the beginning of any school term the County School Superintendent shall execute and file with the Text-Book Commission a good and sufficient bond to be approved by the Text-Book Commission, conditioned upon the proper handling of said text-books and the faithful accounting for same and for all funds received from the sale of or in connection therewith. Such bond shall be in the amount of Sl,OOO.OO or such larger amount as the
WEDNESDAY, jULY 29, 1931.
835
Text-Book Commission shall prescribe and in no event shall be for a sum less than the total amount of the invoices of all school-books furnished to said county for one school year.
Sec. 17. It shall be unlawful for any teacher in the common or high schools of this State to use any book in place of the books adopted, published or purchased for use and distribution by the Text-Book Commission, except as otherwise herein provided.
Sec. 18. No public school, board of education, board of trustees or independent or local school system of this State shall receive any part of the appropriation made to the common 'schools of this State by the General Assembly in any year unless such school, board, or system shall use the text-books adopted and provided by the TextBook Commission, as provided for in this Act. Provided, however, that supplemental books may be used by any school or school system, the cost of such supplemental books to be paid by the school system and the books loaned to the school children without charge. Provided, further, that the provisions of this section shall not apply to nor be mandatory upon those systems of public schools in this State whose boards of education or boards of trustees now own and furnish free, or upon a rental basis, the textbooks for their schools, until the text-books adopted and now in use by said systems shall be by them changed; any future adoptions and/or purchase of text-books, except supplemental texts as provided herein, shall be from the lists adopted by the Text-Book Commission and through the agency of distribution created by them.
Sec. 19. Any person violating the provisions of this Act shall be guilty of a misdemeanor and upon conviction shall be punished as provided therefor.
Sec. 20. The present laws in regard to the adoption, use, purchase, distribution and sale of text-books for the public schools of this State are hereby expressly repealed,
836
JOt;R~AL OF THE HousE,
except where they do not conflict with the prov1s1ons of this Act.
Sec. 21. Be it further enacted, by the authority aforesaid that all laws and parts of laws in conflict with the provisions of this Act, be and the same are hereby repealed.
Mr. Culpepper of Fayette asked unanimous consent that all of the amendments to the Committee substitute to House Bill No. 1, favorably reported by the Committee of the Whole House, be adopted by the House; the request was granted.
The following amendments were read and adopted:
Mr. Stanton of \Vare moves to amend the Committee substitute to House Bill No. 1, as follows: By adding a new section to said bill to be numbered Section 20, immediately after Section 19, said new section to read, as follows: "If any section or portion of this Act shall be held to be unconstitutional or invalid by any court of competent jurisdiction, the same shall not invalidate the entire Act, but shall apply only to the section or portion of the Act so held to be unconstitutional or invalid." and by renumbering the succeeding sections accordingly.
Messrs. Leathers of DeKalb and Lanier of Richmond move to amend the Committee substitute to House Bill No. 1, as follows:
By striking from Section 14 in the first sentence the word "more" when the same appears therein and substituting the word "less" in line thereof.
Mr. Davis of Floyd moves to amend the Committee substitute to House Bill No. 1, as follows:
Amend Section 13 of said Act by striking all of the first paragraph of said Section 13, and substituting in lieu thereof the following paragraph: "The Text-Book Commission shall, at the time of, or before the meeting aforesaid, appoint a committee of outstanding and specially
WEDNESDAY, juLY 29, 1931.
837
qualified educators of this State, not more than nme m number, to whom the manuscripts, bids and specimen copies shall be submitted for examination. The said committee shall serve for a term concurrent with that of the members of the Text-Book Commission and in such manner as the Text-Book Commission shall determine. The said committee shall, each, from the school funds of the State, receive the sum of SlO.OO per day for the time devoted thereto, but such sum so paid shall not exceed the total amount of S150.00 each, and in addition each member shall be paid his actual expenses, not to exceed $100.00 upon submission of vouchers and affidavit thereto."
Mr. Davis of Floyd also moves to amend the Committee substitute to House Bill No. 1, as follows: Amend Section 13, Paragraph 2, by striking therefrom in line three of said paragraph the words "thirty days" and substituting in lieu thereof the words "sixty days."
Mr. Stanton of Ware moves to amend the Committee substitute to House Bill No. 1, as follows: Amend Section 13 of said bill by inserting between the words "book" and "in" in line 6 of Paragraph 2 of Section 13, the words "for any one grade."
Mr. Davis of Mitchell moves to amend the Committee substitute to House Bill No. 1, as follows:
Amend Section 7 of the Committee substitute to House Bill No. 1, as follows: "By striking the period at end of said Section 7, and substituting a comma therefor, and by adding at the end of said section the words: Provided said text-books shall be sold to patrons of schools of the Common School System at price fixed by said Commission, which said price shall be actual cost of purchase and/or production and distribution as herein provided."
Mr. Davis of Mitchell moves to amend the Committee substitute to House Bill No. 1, as follows:
R38
JouRNAL OF THE HousE,
Amend Section 9 of the Committee substitute to House Bill No. 1, by adding between the words "for any one year" and the words "said funds shall" in the seventh (7) line of the printed bill the words: "Provided, that not more than S400,000.00 shall at any time constitute and be used as such revolving fund."
Mr. Davis of Mitchell moves to amend the Committee substitute to House Bill No. 1, as follows:
Amend Section 10 of the Committee substitute to House Bill No. 1, as follows: "By striking period at end of Section 10 and substituting comma therefor and adding the words: Provided said text-books shall be supplied to patrons of schools of the Common School System at price fixed by said Text-Book Commission, which said price shall be actual cost of purchase and/or production and distribution as herein provided."
Mr. Davis of Floyd moves to amend House Bill ~o. 1, as follows: Amend Section 11, by adding after the words "the sale" in line one of said section, the words "for use in the public schools of this State, except as supplemental texts as provided herein."
The substitute offered by the committee was adopted as amended.
Mr. Lance of Hall asked unanimous consent that the three-minutes allowed each member to explain his vote be dispensed with, and the request was granted.
The report of the committee, which was favorable to the passage of the bill by substitute as amended, was agreed to.
The bill, involving an appropriation, the roll call was ordered, and the vote was as follows:
Those voting in the affirmative were "Messrs.:
Adams Alexander Allen
Almand Andrews Arnold
Arrington Ashley Atwood
WEDNESDAY, JuLY 29, 1931.
839
Awtrey
Fagan
Lanier
Bargeron
Frankl1n.
Leathers
Barrett
Fraser
Lester
Beaman
Freeman
Lewis of Gordon
Bean
Gaey
Lindsu
Beuley
Gillen
Logan
Bennett oi Bacon
Graham
Lord
Bennett of Jeff Da.via Gruson
:McElreath
Bland
Greer
:McGehee
Brannen
Griffeth
:McKoy
Brown
Griffin of Decatur
:McLeod
Brunson
Griffin of Wilkes
McRae
Bunn
Gullatt
:McWhorter
Burton
Hampton
Mallard
BUSh
Hardin
Mardre
Cain
Harris
Mattox
Cannon
Harrison of Camden Mercer
Cartledge
Harrison of Jenkins Meredith
Chalker
Hatcher
Mixon
Chambers
Hawes
MontJ~Qmeey
Childs
Hodges
:Mooty
Clark
Holt
Moye
Clements of Marion Horne
:Mundy
Clements of Telfair HoWard of Chatt'h'chee Myrick
Cochran
HOWard of Long
Nelson of Laurens
Collier
Hubbard of Habersham Oliver
Courson
Hubbard of Wilkinson Osteen
Cowart
Huddleston
Pace
Cozart
Hutcheson
Parham
Crawford
Hyman
Patten
Crowe
Irvin
Paulk
Culpepper of Echols James
Peebles
CUlpepper of Fuette Johnson of Montgomery Phillips
Davis of Floyd
Johnson of Pike
Pittard
Davia of Jackson
Johnson of Seminole Pope
Davis of :Mitchell
Johnston
Powell
Davis of Troup
Jones of Paulding
Preston
Dixon
Kennedy
Purdy
Donaldson
Key
Purvis
Dorsett
Killebrew
Rabun
Duncan
Kimbrough
Rivers
Eckford
Kimsey
Roberts
Edmondson
King of Olu
Robertson
Edwards of Stephens King of-Newton
Ross of Appling
Elliott
Lance
Rosser
Evans
Lanham
Sammon
840
JouRNAL OF THE HousE,
Scarbrough Seckinger Sharpe Shirley Simmons Sims Sisk Skelton Spivey Stanton Stewart Still Stone
Strickland of Douglas Waldrop
Strickland of Haralson Walker of Ben Hill
Sutton
Walker of Brooks
Tate
Walker of Morgan
Taylor
Walker of Screven
Thomas
Wall
Thomoson
Weeks
Thompson
Whittle
Tippins
Williams
Townsend
Wilson
Trapnell
Wood
Trotter
Yawn
Turner
Those voting in the negative were Messrs.:
Jones of Burke
Those not voting were Messrs.:
Battle Carlisle of Bibb Carlisle of Grady Colson Cullens Dykes Edwards of Gilmer
Edwards of Lowndes Green Jones of Lumpkin Lewis of Hancock Maynard Morris Musgrove
Nelson of Cook Park Ross of Dodge Swain Westbrook Wilkes Mr. Speaker
By unanimous con-sent, the verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 185, nays 1.
The bill having received the requisite constitutional majority was passed by substitute, as amended.
Mr. Stanton of vVare asked unanimous consent that the bill be immediately transmitted to the Senate, and the request was granted.
The bill was immediately transmitted to the Senate.
Mr. Stewart of Coffee moved that when the House adjourn, it stand adjourned until 9:00 o'clock tomorrow morning, and the motion prevailed.
WEDNESDAY, JuLY 29, 1931.
841
The privileges of the floor were granted to Hon. S. E.
Price of Camden County, Messrs. J. Sanders, Lum Dixon,
and H. E. McDowell of Wilkinson County, Hon. Glenn Philips and Hon. Lionel Praether of Columbia County,
Hon. J. L. Bussey of Lincoln County, Hon. Wm. Goodwin, and Hon. J. W. Warren of Washington County.
Mr. Shirley of Milton moved that the House do now adjourn, and the motion prevailed.
Leave of absence was granted to Messrs. Howard of Chattahoochee and Powell of Coweta.
The Speaker announced the House adjourned until tomorrow morning, at 9:00 o'clock.
S42
JouRNAL OF THE HousE,
REPRESENTATIVE HALL, ATLANTA, GA., THURSDAY, JuLY :30, 1931.
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 Allen Almand Andrews Arnold Arrington Ashley Atwood Awtrey Bargeron Barrett Battle Beaman Bean Beasley Bennett of Bacon Bennett of Jeff Davis Bland Brannen Brown Brunson Bunn Burton Bush Cain Cannon Carlisle of Bibb Carlisle of GradY Cartledge Chalker
Chambers Childs Clark Clements of Marion Clements of Telfair Cochran Collier Colson Courson Cowart Cozart Crawford Crowe Cullens Culpepper of Echols Culpepper of Fayette Davis of Floyd Davis of Jackson Davis of Mitchell Davis of Troup Dixon Donaldson Dorsett Duncan Dykes Eckford Edmondson Edwards of Gilmer Edwards of Lowndes Edwards of Stephens Elliott
Evans Fagan Franklin Fraser Freeman Gary Gillen Graham Grayson Green Greer Griffeth Griffin of Decatur Griffin of Wilkes Gullatt Hampton Hardin Harris Harrison of Camden Harrison of Jenkins Hatcher Hawes Hodges Holt Horne Howard of Chatt'h'chee Howard of Long Hubbard of Habersham Hubbard of Wilkinson Huddleston Hutcheson
THURSDAY, jULY 30, 1931.
843
Hyman
Mixon
Irvin
Montgomery
James
Mooty
Johnson of Montgomery Morris
Johnson of Pike
Moye
Johnson of Seminole Mundy
Johnston
Musgrove
Jones of Burke
Myrick
Jones of Lumpkin
Nelson of Cook
Jones of Paulding
Nelson of Laurens
Kennedy
Oliver
Key
Osteen
Killebrew
Pace
Kimbrough
Parham
Kimsey
Park
King of Clay
Patten
King of Newton
Paulk
Lance
Peebles
Lanham
Phillips
Lanier
Pittard
Leathers
Pope
Lester
Powell
Lewis of Gordon
Preston
Lewis of Hancock
Purdy
Lindsay
Purvis
Logan
Rabun
Lord
Rivers
McElreath
Roberts
McGehee
Robertson
McKoy
Ross of Appling
McLeod
Ross of Dodge
McRae
Rosser
McWhorter
Sammon
Mallard
Scarbrough
Mardre
Seckinger
Mattox
Sharpe
Mercer
Shirley
Meredith
Simmons
Sims Sisk Skelton Spivey Stanton Stewart Still Stone Strickland of Douglas Strickland of Haralson Sutton Swain Tate Taylor Thomas Thoinoson Thompson Tippins Townsend Trapnell Trotter Turner Waldrop Walker of Ben Hill Walker of Brooks Walker of Morgan Walker of Screven wall Weeks Westbrook Whittle Wilkes Williams Wilson wood Yawn Mr. Speaker
Mr. Hardin of Whitfield, 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.
844
JouRNAL OF THE HousE,
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of l.Jnanimous 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.
5. First reading of Senate bills and resolutions.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the reqms1te constitutional majority the following bills of the Senate, to-wit:
By Messrs. Bennett of the 5th District and Davis of the 31st District-
Senate Bill No. 92. A bill to be entitled an Act to reapportion the several Congressional Districts of this State, by abolishing the twelve districts created by the re-apportionment Act of 1911, and creating in lieu thereof ten Congressional Districts in this State, in accordance with the Act of congress decreasing the number of Congressmen from Georgia to ten, and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House, to-wit:
THURSDAY, JuLY 30, 1931.
By Messrs. Pope of Toombs, Fagan of Peach, Johnson of Montgomery, Kennedy of Lamar, Rivers of \Vheeler, and Hawes of Elbert-
House Bill No. 13. A bill to be entitled an Act to propose an amendment to the Constitution of Georgia, Article 2, Section 1, Paragraph 3, so as to entitle persons upon payment of poll tax to register and qualify as electors, and for other purposes.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the reqms1te constitutional majority the following bills of the Senate, to-wit:
By Mr. Dekle of the 6th DistrictSenate Bill No. 8. A bill to be entitled an Act to amend
Article 3, Section 2, Paragraph 1, of the Constitution of the State of Georgia, which relates to the number of Senators, the number of Senatorial Districts, and the composition of such districts, so as to increase the number of Senators and Senatorial Districts from fifty-one to fifty-two, and for other purposes.
By Mr. Ennis of the 20th DistrictSenate Bill No. 110. A bill. to be entitled an Act to
establish the Georgia Training School for Colored Girls, and to provide for its management and maintenance, to repeal conflicting laws, and for other purposes.
The Senate has also passed by the requisite constitutional majority the following bill of the House, to-wit:
846
JouRNAL OF THE HousE,
By Mr. Carlisle of Bibb-
House Bill No. 11. A bill to be entitled an Act to amend Paragraph 5, Section 3931 of the Code of 1910, so as to eliminate certain inequalities in the inheritance of the intestate's brothers and sisters of the half-blood, to provide for their share in the inheritance of the in testate, and for other purposes.
By unanimous consent, the following bills and resolution of the House were introduced, read the first time, and referred to the committees:
By Mr. Almand of Walton-
House Bill No. 498. A bill to amend the Embalming Acts, and for other purposes.
Referred to Committee on Hygiene and Sanitation.
By Mr. Stewart of CoffeeHouse Bill No. 499. A bill to amend the charter of
Douglas, and for other purposes. Referred to Committee on Municipal Government.
By Messrs. Crawford, Davis, and Lanham of FloydHouse Bill No. 500. A bill to fix the compensation of
the Board of Commissioners of Floyd County, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Bush of MillerHouse Bill No. 501. A bill to abolish the office of Trea-
surer of Miller County, and for other purposes. Referred to Committee on Counties and County Matters.
THURSDAY, JuLY 30, 1931.
847
By Mr. Brown of Greene-
House Bill No. 502. A bill to amend the- charter of the City of Union Point, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Colson of Glynn-
House Bill No. 503. A bill!to amendJthe charter of the City of Brunswick, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Brown of Greene-
House Bill No. 504. A bill to amend the Constitution by reducing the Legislative Department, and for other purposes.
Referred to Committee on Amendments to the Constitution.
By Mr. Grayson of Chatham-
House Bill No. 505. A bill to regulate aircraft flying over this State, and for other purposes.
Referred to Committee on Aviation.
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 506. A bill to amend an Act creating a charter for the City of Augusta, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Lewis of Hancock-
House Resolution No. 72-505a. A resolution authorizing the lOth District A. & M. School to deed land, and for other purposes.
Referred to Committee on State of the Republic.
8-18
JouR~AL OF THE HousE,
By Messrs. Stanton and Bunn of Ware-
House Bill No. 507. A bill to provide for the compensation of Juvenile Court Judges in counties of this State having, according to United States 1930 Census, a population of 20,000 to 30,000 inhabitants, and for other purposes.
Referred to Committee on General Judiciary No. 2.
Mr. Andrews of Crawford County, Chairman of the Committee on Counties 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 House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
H~use Bill No. 205 do pass as amended. House Bill No. 460 do pass. House Bill No. 484 do pass. House Bill No. 370 do pass. House Bill No. 467 do pass. House Bill No. 486 do pass. House Bill No. 437 do not pass.
Respectfully submitted, ANDREWS of Crawford, Chairman.
Mr. l\1ardre of Thomas County, Chairman of the Committee on Game and Fish, submitted the following report:
THURSDAY, JuLY 30, 1931.
849
Mr. Speaker: Your Committee on Game and Fish has had under con-
sideration the following bills of the House and S_enate and has instructed me, as chairman, to report the same back to the House with the recommendation that:
Senate Bill No. 38 do pass as amended. Senate Bill No. 18 do pass by substitute. Senate Bill No. 86 do pass. Senate Bill No. 35 do pass as amended. Senate Bill No. 10 do pass. House Bill No. 483 do pass. House Bill No. 371 do not pass.
Respectfully submitted, MARDRE of Thomas, Chairman.
Mr. Stone of Early County, Vice-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 Senate and has instructed me, as vice-chairman, to report the same back to the House with the recommendation that:
House Bill No. 42 do not pass.
House Bill No. 91 do not pass.
House Bill No. 148 do not pass.
Senate Bill No. 31 do pass as amended.
~50
JouRNAL OF THE HoL"sE,
Senate Bill No. 76 do pass. Senate Bill No. 73 do pass as amended. Senate Bill No. 74 do pass. House Bill No. 470 do pass. House Bill No. 270 do not pass. House Bill No. 269 do pass. House Bill No. 344 do pass. House Bill No. 471 do pass as amended. House Bill No. 426 do pass. House Bill No. 373 do not pass.
Respectfully submitted, STONE of Early, Vice-Chairman.
Mr. Trotter of Taliaferro 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:
House Bill No. 441 do pass as amended.
House Bill No. 450 do pass.
House Bill No. 453 do pass.
Respectfully submitted,
TROTTER of Taliaferro,
Chairman.
THURSDAY, juLY 30, 1931.
851
Mr. Collier of Madison County, Chairman of the Committee on State of the Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of the Republic has had under consideration the following resolutions and bills of the House and Senate and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 348 do not pass.
House Bill No. 468 do pass.
House Bill No. 438 do pass.
House Resolution No. 51 do pass.
Senate Resolution No. 7 do pass.
Senate Resolution No. 83 do pass.
House Resolution No. 56 do pass.
Respectfully submitted, CoLLIER of Madison, Chairman.
Mr. Davis of Mitchell County, Chairman of the Committee en \Vays 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:
House Bill No. 3 do pass.
Respectfully submitted, DAVIs of Mitchell, Chairman.
852
JouRNAL OF THE Ho'L'sE,
By unanimous consent, the following bills and resolution of the House, favorably reported, were read the second time:
By Messrs. Eckford and McRae of Fulton-
House Bill No. 205. A bill to amend an Act relative to the abolition of Justice Courts in Atlanta, and for other purposes.
By Mr. Stone of Early-
House Bill No. 269. A bill to provide for special verdicts by juries in cases at law and in equity, and for other purposes.
By Mr. Leathers of DeKalb and others-
House Bill No. 344. A bill to amend the laws relative to the registration of voters in certain counties, and for other purposes.
By Mr. Myrick of Chatham-
House Bill No. 370. A bill to amend the Acts creating the City Court of Savannah, and for other purposes.
By Messrs. Carlisle, Park, and Gillen of Bibb-
House Bill No. 426. A bill to authorize and require the opening of tax receivers' books in certain counties, and for other purposes.
By Mr. Beasley of Tattnall-
House Bill No. 441. A bill to amend an Act to create a new charter for the City of Glennville, and for other purposes.
By Messrs. Cartledge, Lanier, and Lester of RichmondHouse Bill No. 450. A bill to abolish Justice Courts and
THURSDAY, JuLY 30, 1931.
853
the office of Justice of the Peace and Notary Public, and for other purposes.
By Mr. Hubbard of Habersham-
House Bill No. 453. A bill to amend an Act incorporating the City of Cornelia, and for other purposes.
By Messrs. Eckford and McRae of Fulton-
House Bill No. 460. A bill to amend an Act establishing the Criminal Court of Atlanta, and for other purposes.
By Mr. Patten of Lanier-
Hause Bill No. 467. A bill to abolish the offices of Tax Receiver and Tax Collector of Lanier County, and for other purposes.
By Messrs. Sisk of Elbert and Burton of Franklin-
House Bill No. 468. A bill to create a Fire Insurance Commission, and for other purposes.
By Mr. Strickland qf Douglas-
House Bill No. 470. A bill to amend the Code relative to Court Houses for Militia Districts, and for other purposes.
By Mr. Carlisle of Bibb-
House Bill No. 471. A bill to prescribe a period of limitation within which to institute actions for the recovery of charges on intrastate shipments by common carriers, and for other purposes.
By Mr. Williams of Emanuel-
House Bill No. 484. A bill to put 750 names in the jury boxes of certain counties, and for other purposes.
854
JouRNAL OF THE HousE,
By Mr. Franklin of Butts-
House Bill No. 483. A bill to provide for the use of wire fish baskets in the waters of Butts County, and for other purposes.
By Messrs. Spivey and Williams of Emanuel-
House Bill No. 486. A bill to abolish the office of Treasurer of Emanuel County, and for other purposes.
By Messrs. Harris of Terrell, Mooty of Troup, and King of Clay-
House Resolution No. 56-365a. A resolution to prohibit any person connected with any institution of this State to issue articles of propaganda, for pay; and for other purposes.
By Mr. Eckford of Fulton-
House Bill No. 438. A bill to prevent hotels, inns, boarding houses and eating places from being defrauded, and for other purposes.
By unanimous consent, the following bills and resolution of the Senate, favorably reported, were read the second time:
By Mr. Watson of the 3rd District-
Senate Bill No. 10. A bill to abolish the office of county Game Warden, and for other purposes.
By Mr. Watson of the 3rd District-
Senate Bill No. 18. A bill to amend an Act for the protection of birds, fish, game, etc., and for other purposes.
THURSDAY, JuLY 30, 1931.
855
By Messrs. Dekle of the 6th District and Moore of the 47th District-
Senate Bill No. 31. A bill to amend the Code so as to allow the owner or holder of an equity, lien or interest in or on property that has been returned or assessed with other property for taxes, to pay the taxes against such property, to secure a release of same from such lien of taxes, and for other purposes.
By Mr. Courson of the 16th District-
Senate Bill No. 35. A bill to repeal an Act to allow fishing with hook and line, and for other purposes.
By Mr. Knabb of the 4th District-
Senate Bill No. 38. A bill to amend an Act revising and amending the Game and Fish Laws, and for other purposes.
By Mr. Hand of the 8th District-
Senate Bill No. 73. A bill to abolish the office of Tax Receiver and Tax Collector of Mitchell County, and for other purposes.
By Mr. Hand of the 8th District-
Senate Bill No. 74. A bill to amend an Act establishing the City Court of Pelham, and for other purposes.
By Mr. Hand of the 8th District-
Senate Bill No. 76. A bill to amend an Act establishing the City Court of Camilla, and for other purposes.
By Mr. Perkins of the 17th District-
Senate Bill No. 83. A bill to repeal an Act requiring all State officers to keep an account of all fees, etc., other than their salary, and for other purposes.
856
JouRNAL OF THE HousE,
By Messrs. Nelson of the 13th District, Horn of the 12th District, and Neill of the 24th District-
Senate Bill No. 86. A bill to prohibit the killing of deer for a period of 10 years, and for other purposes.
By Messrs. Neill of the 24th District, Weekes of the 34th District, and West of the 11th District-
Senate Resolution No. 7. A resolution commending the American Legislators' Association and the Interstate Legislative Reference Bureau, and for other purposes.
By unanimous consent, the following bills of the House were read the third time and placed upon their passage:
By Mr. Thomas of WayneHouse Bill No. 404. A bill to be entitled an Act to
amend an Act establishing the City Court of Jesup, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Bargeron and Jones of BurkeHouse Bill No. 415. A bill to be entitled an Act provid-
ing for the selection of the Board of Commissioners of Roads and Revenues of Burke County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, nays 0.
The bill having received the requisite constitutional majority was passed.
THURSDAY, JuLY 30, 1931.
857
By Mr. Parham of Heard-
House Bill No. 412. A bill to be entitled an Act to amend the Acts relative to the Board of Commissioners of Roads and Revenues of Heard County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Montgomery of Webster-
House Bill No. 417. A bill to be entitled an Act to repeal an Act to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Webster, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Montgomery of Webster-
House Bill No. 418. A bill to be entitled an Act to create the office of Commissioner of Roads and Revenues of the County of Webster, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, nays 0.
The bill having received the requisite constitutional majority was passed.
858
JouRNAL oF THE HousE,
By Messrs. Davis and Lord of Jackson-
House Bill No. 423. A bill to be entitled an Act to repeal an Act establishing the City Court of Jefferson, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Davis and Lord of Jackson-
House Bill No. 424. A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Jackson County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Skelton of Hart-
House Bill No. 433. A bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues of Hart County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 116, nays 0.
The bill having received the requisite constitutional majority was passed.
THURSDAY, JuLY 30, 1931.
839
By Mr. Pace of Cobb-
House Bill No. 451. A bill to be entitled an Act to amend the charter of the Town of Smyrna, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 117, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Rosser and Hutcheson of Walker-
House Bill No. 454. A bill to be entitled an Act to amend the charter of the City of Rossville, and for other purposes.
The report 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.
By Mr. Edmondson of Chattooga-
House Bill No. 456. A bill to be entitled an Act to amend the charter of the Town of Trion, and for other purposes.
The report 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 Messrs. Sutton and Mattox of ColquittHouse Bill No. 457. A bill to be entitled an Act to
860
JouRNAL oF THE HousE,
create the City Court of Colquitt County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 120, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Sutton and Mattox of Colquitt-
House Bill No. 458. A bill to be entitled an Act to fix the time for holding Superior Courts in Colquitt County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 121, nays 0.
The bill having received the requisite constitutional majority was passed.
By 1\lr. Scarbrough of Polk-
House Bill No. 462. A bill to be entitled an Ace to amend the charter of the City of Rockmart, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 122, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Scarbrough of Polk-
House Bill No. 463. A bill to be entitled an Act to amend an Act consolidating the several Acts incorporating the City' of Cedartown, and for other purposes.
THURSDAY, JuLY 30, 1931.
861
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 123, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Patten of Lanier-
Hause Bill No. 464. A bill to be entitled an Act to abolish the office of County Surveyor of Lanier County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 124, nays 0.
The bill having received the requisite constitutional majority was passed.
By ~lr. Patten of Lanier-
Ho.use Bill No. 465. A bill to be entitled an Act to repeal an Act prescribing the jurisdiction of the County Court of Lanier County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 125, nays 0.
The bill having received the requisite constitutional majority was passed.
By l\tlr. Patten of Lanier-
Hause Bill No. 466. A bill to be entitled an Act to
provide for the election of the members of the County
Board of Education of Lanier County, and for other pur-
poses.
862
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 126, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. McGehee of Talbot-
House Bill No. 474. A bill to be entitled an Act to repeal an Act incorporating the Town of Box Springs, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 127, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Walker of Brooks-
House Bill No. 340. A bill to be entitled an Act amending the City Court of Quitman by fixing the salary of the Judge of said Court, and for other purposes.
The committee offered the following substitute:
An Act to amend an Act approved August 2, 1912, entitled as follows: "An Act to establish the City Court of Quitman, in and for the County of Brooks, to define its jurisdiction and powers, to provide for the election of the judge, solicitor and other officers thereof, and define their powers and duties and provide for their compensation, to provide for a clerk and sheriff thereof and prescribe their duties and fees, to provide for pleading and practice and new trials therein, writs of error therefrom, and for other purposes;" and as amended by Act approved August 19, 1919, and Act approved August 20, 1927, so as to fix the salary of the judge of said City Court at eighteen hundred
THURSDAY, }t;LY 30, 1931.
863
($1800.00) dollars per annum instead of twenty-four hundred (82400.00) dollars per annum; and to give to the solicitor of said court authority to dismiss warrants returnable to said court without cost to the county, 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 same, that section four (4) of an Act establishing the City Court of Quitman in and for Brooks County, approv.ed August 2, 1912, amended and approved August 19, 1919, amended and approved August 20, 1927, be amended and same is hereby amended by striking the words "twenty-four" in the twenty-first line of said section four (4) and inserting the words "eighteen." So that said section when so amended shall read as follows: "Be it further enacted by the authority aforesaid that there shall be a judge of the City Court of Quitman, who shall be appointed by the governor for a term to expire on the 31st day of December, 1912, and who shall hold office until his successor is elected and qualified. The judge of the City Court of Quitman shall be elected at the general election for State and county officers to be held in the year 1912, for a term of two years from the first day of January, 1913, and at the general election for State and counties to be held each second year thereafter for each succeeding term of two years, and said judge shall hold office until his successor is elected and qualified; and provided, that all vacancies in the office of judge which may occur by death, resignation, removal or otherwise, shall be filled by appointment of the governor for the residue of the unexpired term, such appointment being subject to the approval of the Senate which may then be in session, or if the Senate be not in session at the time of such appointment, then subject to the approval of the Senate at its next session thereafter. The judge of the City Court of Quitman shall receive a salary of eighteen hundred ($1800.00) dollars per annum which shall not be increased or diminished during
8G4
JouRNAL OF THE HousE,
his term of office, except to apply to a subsequent term, and shall be paid monthly out of the treasury of the County of Brooks by the person or persons charged by law with paying out of the money of Brooks County.
Sec. 2. Be it further enacted by the authority aforesaid, that when an arrest is made under a misdemeanor charge the arresting officer shall turn over his warrant to the solicitor of the City Court of Quitman and said solicitor shall investigate the evidence in said case and, if he finds same insufficient to warrant a conviction, he is authorized to dismiss the warrant without cost to the countv. The officers of said county being entitled to no cost; in the above .stated cases.
Sec. 3. Be it further enacted by the authority aforesaid that this Act shall not go into effect until January 1, 1933.
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.
The substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill by substitute, the ayes were 107, nays 0.
The bill having received the requisite constitutional majority was passed by substitute.
By Messrs. Arnold and Wood of Clarke-
House Bill No. 406. A bill to be entitled an Act to amend an Act entitled "An Act to amend the charter of the Town of Athens and the various amendatory Acts thereof," and for other purposes.
The committee offered the following amendment:
THURSDAY, JuLY 30, 1931.
865
By Messrs. Arnold and Wood of Clarke-
Move to amend Section 2 by striking that portion of line 12, page 2, that reads as follows: "together with the mayor of said city shall constitute the Civil Service Commission of Athens, Georgia. The mayor of said city shall hold his office on such board ex-officio." and to add in lieu thereof the following after the word "elected": "shall constitute the Civil Service Commission of Athens, Georgia."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 109, nays 0.
The bill having received the requisite constitutional majority was passed as amended.
By unanimous consent, the following bill of the Senate was read the third time and placed upon its passage:
By Mr. Reagan of the 35th District-
Senate Bill No. 101. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Henry County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 129,_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 the committees:
By Mr. Dekle of the 6th DistrictSenate Bill No. 8. A bill to amend the Constitution so
866
JouRNAL OF THE HousE,
as to increase the number of Senators, and for other purposes.
Referred to Committee on Amendments to the Constitution.
By Mr. Ennis of the 20th District-
Senate Bill No. 110. A bill to establish the Georgia Training School for Colored Girls, and for other purposes.
Referred to Committee on Training Schools.
Mr. Lindsay of DeKalb asked unanimous consent that House Bill No. 477 be withdrawn from further consideration of the House, and the request was granted.
The House Committee on Rules submitted the following report:
Mr. Bland of Stewart, Secretary of the Committee on Rules, submitted the following report:
That House Resolution No. 68 do not pass.
That the House hold a session on Saturday, August 1st, for the purpose of disposing of general bills with local application and uncontested local bills.
Mr. Rosser of Walker moved that the House agree with the report of the Committee.
Mr. Rosser of Walker moved the previous question on the report of the Rules Committee.
The motion for the previous question prevailed, and the main question was ordered.
Mr. Lindsay of DeKalb called for division of the report of the Committee into two questions, to-wit:
Division 1-That House Resolution No. 68 do not pass.
THuRsDAY, JuLY 30, 1931.
867
Division 2-That the House hold a session on Saturday, August 1, for the purpose of disposing of general bills with local application and uncontested local bills.
On the adoption of Division 1 of the Rules Committee report, the ayes were 87, nays 63.
On the adoption of Division 2 of the Rules Committee report, the ayes were 67, nays 59.
Mr. Ross of Appling moved that when the House adjourn, it stand adjourned until 3:00 o'clock this afternoon, and the motion was lost.
Under the regular order of business, the following bills of the House were taken up for consideration and read the third time:
By Mr. Alexander of ChathamHouse Bill No. 14. A bill to be entitled an Act to pro-
tect owners, contractors, laborers, materialmen, to be known as the Mechanics Lien Law, and for other purposes.
By unanimous consent, further consideration of House Bill No. 14 was indefinitely postponed.
By Messrs. Alexander, Grayson, and Myrick of Chatham-
House Bill No. 15. A bill to be entitled an Act to divide the State into ten Congressional Districts, and for other purposes.
Mr. Thomas of Wayne moved to postpone further consideration of House Bill No. 15 until next Tuesday morning immediately after the expiration of the period of Unanimous Consents, and the motion prevailed.
By Messrs. Franklin of Butts, Beaman, Leathers, and Lindsay of DeKalb-
House Bill No. 22. A bill to be entitled an Act to prevent the sale of impure milk; to regulate the grading of
868
JouRNAL oF THE HousE,
milk; to provide rules and regulations therefor; to prescribe penalties for the violations hereof, and for other purposes.
Mr. Lance of Hall moved to table House Bill No. 22.
On the motion to table, the ayes were 74, nays 50, and the motion prevailed.
The Speaker asked unanimous consent that when the House adjourn, it stand adjourned until tomorrow morning at 9:00 o'clock, and the request was granted.
Privileges of the floor were granted to Hon. Frank Clark of Colquitt, Hon. L. D. Smith, Hon. S. D. Stembridge, and
Hon. W. J. Haynie, all of Baldwin.
1\Ir. Stewart of Coffee moved that this House do now adjourn, and the motion prevailed.
Leave of absence was granted to Messrs. Montgomery of Webster, Clements of Marion, Howard of Long, Phillips of Tift, Hatcher of Johnson, Sutton of Colquitt, and Culpepper of Echols.
The Speaker announced the House adjourned until tomorrow morning, at 9:00 o'clock.
FRIDAY, JuLY 31, 1931.
869
REPRESENTATIVE HALL, ATLANTA, GA.,
FRIDAY, JuLY 31, 1931.
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 Allen Almand Andrews Arnold Arrington Ashley Atwood Awtrey Bargeron Barrett Battle Beaman Bean Beasley Bennett of Bacon Bennett of Jeff Davis Bland Brannen Brown Brunson Bunn Burton Bush Cain Cannon Carlisle of Bibb Carlisle of Grady Cartledge Chalker
Chambers Childs Clark Clements of Marion Clements of Telfair Cochran Collier Colson Courson Cowart Cozart Crawford Crowe Cullens Culpepper of Echols Culpepper of Fayette Davis of Floyd Davis of Jackson Davis of Mitchell Davis of Troup Dixon Donaldson Dorsett Duncan Dykes Eckford Edmondson Edwards of Gilmer Edwards of Stephens Elliott Evans
Fagan Franklin Fraser Freeman Gary Gillen Graham G1ayson Green Greer Griffeth Griffin of Decatur Griffin of Wilkes Gullatt Hampton Hardin Harris Harrison of Camden Harrison of Jenkins Hatcher Hawes Hodges Holt Horne Howard of Chatt'h'chee Howard of Long Hubbard of Habersham Hubbard of Wilkinson Huddleston Hutcheson Hyman
870
JouRNAL oF THE HousE,
Irvin
Montgomery
James
Mooty
Johnson of Montgomery Morris
Johnson of Pike
Moye
Johnson of Seminole Mundy
Johnston
Musgrove
Jones of Burke
Myrick
Jones of Lumpkin Nelson of Cook
Jones of Paulding
Nelson of Laurens
Kennedy
Oliver
Key
Osteen
Killebrew
Pace
Kimbrough
Parham
Kimsey
Park
King of Clay
Patten
King of Newton
Paulk
Lance
Peebles
Lanham
Phillips
Lanier
Pittard
Leathers
Pope
Lester
Powell
Lewis of Gordon
Preston
Lewis of Hancock
Purdy
Lindsay
Purvis
Logan
Rabun
Lord
Rivers
McElreath
Roberts
McGehee
Robertson
McKoy
Ross of Appling
McLeod
Ross of Dodge
McRae
Rosser
McWhorter
Sammon
Mallard
Scarbrough
Mardre
Seckinger
Mattox
Sharpe
Mercer
Shirley
Meredith
Simmons
Mixon
Sims Sisk Skelton Spivey Stanton Stewart Still Stone Strickland-o(Douglas Strickland of Haralson Sutton Swain Tate Taylor Thomas Thomason Thompson Tippins Townsend Trapnell Trotter Turner Waldrop Walker of Ben Hill Walker of Brooks Walker of Morgan Walker of Screven Wall Weeks Westbrook Whittle Wilkes Williams Wilson Wood Yawn Mr. Speaker
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the reqmstte constitutional majority the following bills of the Senate, to-wit:
FRIDAY, JuLY 31, 1931.
871
By Messrs. Weekes of the 34th District and Reagan of the 35th District- .
Senate Bill No. 65. A bill to be entitled an Act creating the Atlanta Sanitary District.
By Mr. Weekes of the 34th District-
Senate Bill No. 123. A bill to amend an Act providing a new charter for the Town of Decatur.
By Mr. Dekle of the 6th District-
Senate Bill No. 117. A bill to repeal an Act to amend an Act establishing a Board of Commissioners of Roads and Revenues for the County of Habersham.
By Messrs. Weekes of the 34th District and Reagan of the 35th District-
Senate Bill No. 115. A bill to repeal an Act to incorporate the Municipality of Atlanta.
The Senate has also receded from its amendment to the following bill of the House, to-wit:
By Messrs. Battle, Meredith, and Roberts of Muscogee-
House Bill No. 285. A bill to amend an Act creating a new charter for the City of Columbus.
Mr. Hardin of Whitfield, 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:
872
JouRNAL OF THE HousE,
1. Introduction of new matter under the Rules.
2. Reports of Standing Committees.
3. Reading of House and Senate bills and resolutions, favorably reported, a second time.
4. Passage of uncontested local House and Senate bills and resolutions.
5. First reading of Senate bills and resolutions.
By unanimous consent, the following bills and resolutions of the House were read the first time and referred to the committees:
By Messrs. Pace and Awtrey of Cobb-
House Bill No. 508. A bill to amend and consolidate the several Acts incorporating the City of Marietta, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Pope of Toombs-
Hause Bill No. 509. A bill to provide for the time of holding the Superior Court in Toombs County, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Key ofJasperHouse Bill No. 510. A bill repealing an Act incorporat-
ing the Town of Hillsboro, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Stanton and Bunn of WareHouse Bill No. 511. A bill to provide a new charter for
the City of Waycross, and for other purposes.
Referred to Committee on Municipal Government.
FRIDAY, JuLY 31, 1931.
873
By Messrs. Beaman and Leathers of DeKalb, and Still of Fulton-
House Bill No. 512. A bill to amend an Act establishing a new charter for the City of Atlanta, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Evans of McDuffie-
Hause Bill No. 513. A bill to repeal an Act establishing the City Court of Thomoson, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Park of Bibb~
House Bill No. 514. A bill to consolidate the offices of Tax Receiver and Tax Collector of Bibb County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Park of Bibb-
House Bill No. 515. A bill to abolish the office of County Treasurer of Bibb County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. McRae of Fulton-
House Resolution No. 73-515a. A resolution authorizing the repayment of a bond forfeiture to S. M. Davis, surety; and for other purposes.
Referred to Committee on State of the Republic.
Mr. Stanton of Ware County, Chairman of the Committee on Banks and Banking, submitted the following report:
874
JouRNAL OF THE HousE,
Mr. Speaker: Your Committee on Banks and Banking 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:
House Bill No. 294 do pass. House Bill No. 431 do pass. House Bill No. 249 do pass as amended.
House Bill No. 374 do not pass. Respectfully submitted, STANTON of Ware, Chairman.
Mr. Andrews of Crawford County, Chairman of the Committee on Counties 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 House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 480 do pass.
House Bill No. 482 do pass.
House Bill No. 449 do pass.
House Bill No. 452 do pass.
House Bill No. 469 do pass.
Respectfully submitted,
ANDREws of Crawford,
Chairman.
FRIDAY, JuLY 31, 1931.
875
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 bill and resolution of the House and Senate and has instructed me, as chairman, to report the same back to the House with the recommendation that:
Senate Bill No. 85. An Act to permit the establishment of kindergartens in public schools of this State, and for other purposes. Do pass.
House Resolution No. 54-352a. A resolution directing that the public school funds, due or to become due to the Town of Russell, Ga., be paid to the Board of Education of the City of Winder, and that the school children of the Town of Russell be allowed to attend the schools of Winder just as though they lived in the City of Winder. Do pass.
Respectfully submitted,
DAVIS of Floyd,
Chairman.
Mr. Johnson of Seminole County, Chairman of the Committee on General Agriculture No. 1, submitted the following report:
Mr. Speaker:
Your Committee on General Agriculture No. 1 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:
House Bill No. 321 do pass.
House Bill No. 356 do pass.
876
JouRNAL OF THE HousE,
House Bill No. 175 do not pass. Respectfully submitted, JOHN soN of Seminole, Chairman.
Mr. Rabun of Jefferson County, Chairman of the Committee on General Agriculture No. 2, submitted the following report:
Mr. Speaker:
Your Committee on General Agriculture 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:
House Bill No. 255 do not pass.
Respectfully submitted,
RABUN of Jefferson, Chairman.
Mr. Lewis of Hancock .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 has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 385 do pass.
House Bill No. 367 do not pass.
Respectfully submitted, LEWIS of Hancock, Chairman.
FRIDAY, JuLY 31, 1931.
877
Mr. Lewis of Hancock 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 has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 492 do pass. House Bill No. 434 do pass by substitute. House Bill No. 8 do not pass. House Bill No. 163 do not pass. House Bill No. 170 do not pass. House Bill No. 286 do not pass. House Bill No. 347 do not pass. House Bill No. 329 do not pass. House Bill No. 328 do not pass. House Bill No. 183 do pass. House Bill No. 447 do pass. House Bill No. 349 do pass by Committee, substitutee.
Respectfully submitted, LEwis of Hancock, Chairman.
Mr. Stone of Early County, Vice-Chairman of the Committee on Gene_ral Judiciary No. 2, submitted the following report:
878
JouRNAL oF THE HousE,
Mr. Speaker:
Your Committee on General J udicary No. 2 has had under consideration the following bills and resolutions of the House and Senate and has instructed me, as vice-chairman, to report the same back to the House with the recommendation that:
House Resolution No. 69 do pass.
House Bill No. 234 do not pass.
House Bill No. 365 do pass.
House Bill No. 268 do pass.
House Bill No. 189 do pass.
House Bill No. 190 do pass.
Senate Resolution No. 43 do pass (minority report herewith filed.)
House Bill No. 76 do not pass.
Respectfully submitted,
SToNE of Early,
Vice-Chairman.
Mr. Cannon of Rockdale County, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Mr. Speaker:
Your Committee on Hygiene and Sanitation 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:
Senate Bill No. 53 do pass as amended.
FRIDAY, JuLY 31, 1931.
879
Senate Bill No. 82 do pass.
Respectfully submitted, CANNON of Rockdale, Chairman.
Mr. Key of Jasper County, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 473 do not pass.
House Bill No. 361 do not pass.
House Bill No. 405 do not pass.
Respectfully submitted, KEY of Jasper, Chairman.
Mr. Freeman of Monroe County, Vice-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 vice-chairman, to report the same back to the House with the recommendation that:
House Bill No. 500 do pass.
Respectfully submitted,
FREEMAN of Monroe, Vice-Chairman.
880
JouRNAL OF THE HousE,
Mr. Lindsay of DeKalb 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 bills of the House and Senate and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 145 do pass.
Senate Bill No. 64 do pass.
Respectfully submitted,
LINDSAY of DeKalb,
Chairman.
Mr. Lindsay of DeKalb 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 and resolution of the House and Senate and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 310 do not pass.
Senate Resolution No. 37 do not pass. Respectfully submitted,
LINDSAY of DeKalb,
Chairman.
FRIDAY, JuLY 31, 1931.
881
i Mr. Davis of Mitchell County, Chairman of the Com-
mittee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means has ha.d 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:
House Bill No. 3 do pass.
House Bill No. 228 do not pass.
House Bill No. 238 do not pass.
House Bill No. 267 do not pass.
House Bill No. 275 do not pass.
Respectfully submitted, DAvrs of Mitchell, Chairman.
By unanimous consent, the following bills and resolutions of the House, favorably reported, were read the second time:
By Messrs. Allen of Baldwin and Battle of Muscogee-
House Bill No. 3. A bill to discount the Western & Atlantic Railroad rentals for a period of 10 years, and for other purposes.
By Mr. Hubbard of Habersham-
House Bill No. 145. A bill to establish a Junior College at Clarkesville, and for other purposes.
By Mr. Mixon of Irwin-
House Bill No. 189. A bill to amend the Code by adding a provision that one judgment may not be set-off against
882
JouRNAL OF THE HousE,
another so as to defeat the collection of attorneys fees and court costs, and for other purposes.
By Mr. Mixon of Irwin-
House Bill No. 190. A bill to amend the Code so as to provide that when one judgment is set-off against another, it will not defeat the right to collect attorneys fees and court costs, and for other purposes.
By Messrs. Davis and Mooty of Troup--
House Bill No. 249. A bill to amend an Act regulating banking in the State of Georgia, and for other purposes.
By Mr. Stone of Early-
House Bill No. 268. A bill to dispense with a brief of evidence when the presiding judge certifies that consideration of the evidence is unnecessary in determining the assignments of error, and for other purposes.
By Mr. Eckford of Fulton-
House Bill No. 294. A bill to provide for the escheating of all unclaimed deposits in all banks and trust companies, and for other purposes.
By Mr. Carlisle of Bibb-
House Bill No. 321. A bill to repeal certain sections of an Act for the licensing of nurserymen, and for other purposes.
By Messrs. Cartledge and Lanier of Richmond-
House Bill No. 434. A bill to amend the Code as to the payment of the proceeds of Life and/or Indemnity Insurance, and for other purposes.
FRIDAY, JuLY 31, 1931.
883
By Messrs. Nelson of Laurens, Mundy of Clayton, and Davis ofJackson-
House Bill No. 349. A bill to prohibit corporations from hereafter pleading or setting up usury as a defense in any action in this State, and for other purposes.
By Mr. Paulk of Turner and others-
House Bill No. 356. A bill to regulate the selling of agricultural and vegetable seeds, and for other purposes.
By Mr. Mixon of Irwin-
House Bill No. 365. A bill to provide for the introduction in evidence of deeds made pursuant to a sale under power of attorney, and for other purposes.
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 385. A bill to make tax collectors exofficio sheriffs in certain counties, and for other purposes.
By Mr. Whittle of Upson-
House Bill No. 431. A bill to amend an Act regulating banking, and for other purposes.
By Mr. Key of Jasper-
House Bill No. 447. A bill to amend the Code relative to venue of suits against non-residents, and for other purposes.
By Messrs. Park and Gillen of Bibb-
House Bill No. 449. A bill authorizing the election of a full-time tax commissioner in certain counties, and for other purposes.
884
JouRNAL oF THE HousE,
By Mr. Beaman of DeKalb-
House Bill No. 452. A bill to merge DeKalb County with Fulton, and for other purposes.
By Messrs. Beaman, Leathers, and Lindsay of DeKalb-
House Bill No. 469. A bill to amend an Act to create the DeKalb Division of the Municipal Court of Atlanta, and for other purposes.
By Mr. Key of Jasper-
House Bill No. 473. A bill regulating the soliciting of Life Insurance in this State by non-residents, and for other purposes.
By Mr. Osteen of Bryan-
House Bill No. 480. A bill to regulate fishing tn the waters of Bryan County, and for other purposes.
By Messrs. Sutton of Colquitt, Turner of Brooks, and Culpepper of Echols-
Hause Bill No. 482. A bill to amend an Act abolishing the fees in the office of Solicitor-General in criminal cases in the Southern Circuit, and for other purposes.
By Messrs. Mooty of Troup and Meredith of Muscogee-
House Bill No. 492. A bill to provide how minority political parties may perfect a State organization, and for other purposes.
By Messrs. Crawford, Davis, and Lanham of Floyd-
House Bill No. 500. A bill to fix the compensation of the Board of Commissioners of Roads and Revenues of Floyd County, and for other purposes.
FRIDAY, JuLY 31, 1931.
88;)
By Mr. Thompson of Barrow-
House Resolution No. 54-352a. A resolution concerning the public schools of the Town of Winder and the Town of Russell, and for other purposes.
By Mr. Westbrook of Dougherty and others-
House Resolution No. 69. A resolution soliciting the cooperation of the Federal Farm Board in behalf of the turpentine industry, and for other purposes.
By unanimous consent, the following bills and resolution qf the Senate, favorably reported, were read the second time:
By Messrs. Davis of the 31st District, Strickland of the 1st District, and Reagan of the 35th District-
Senate Bill No. 53. A bill to regulate the practice of chiropody, and for other purposes.
By Mr. De~le of the 6th District-
Senate Bill No. 64. A bill to authorize the Boards of Trustees of the branches of the University of Georgia to borrow money for the operation of said schools, and for other purposes.
By Mr. North of the 36th District-
Senate Bill No. 82. A bill to amend an Act authorizing and regulating the practice of chiropractic, and for other purposes.
By Mr. Harris of the 18th District-
Senate Bill No. 85. A bill to establish kindergartens in public schools of this State, and for other purposes.
886
JouRNAL oF THE HousE,
By Messrs. Watson of the 3rd District and Neill of the 24th District-
Senate Resolution No. 43. A resolution for the adoption of the Code of Georgia of 1932, and for other purposes.
By unanimous consent, the following bills of the House were read the third rime and placed upon their passage: By Mr. Beasley of Tattnall-
House Bill No. 441. A bill to be entitled an Act to create a new charter for the City of Glennville, and for other purposes.
The following amendment was read and adopted: By the Committee-
Amend House Bill No. 441 by renumbering the same Section 14, so that when amended Section 15 will be numbered Section 14.
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 108, nays 0. The bill having received the requisite constitutional majority was passed as amended.
By Mr. Hubbard of Habersham-
House Bill No. 453. A bill to amend an Act incorporating the City of Cornelia, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The bill having received the requisite constitutional majority was passed. By Mr. Patten of Lanier-
Hause Bill No. 467. A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Lanier County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, nays 0.
FRIDAY, JuLY 31, 1931.
887
The bill having received the requisite constitutional majority was passed.
By Mr. Franklin of Butts-
House Bill No. 483. A bill to be entitled an Act to provide for the use of wire fish baskets in the waters of Butts County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Spivey and Williams of Emanuel-
House Bill No. 486. A bill to be entitled an Act to abolish the office of County Treasurer of Emanuel County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0.
The bill having received the requisite constitutional majority was passed.
By unanimous consent, the following bills of the Senate were read the third time and placed upon their passage:
By Mr. Hand of the 8th District-
Senate Bill No. 73. A bill to be entitled an Act to abolish the office of Tax Receiver and Tax Collector of Mitchell County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, nays 0.
888
JouRNAL OF THE HousE,
The bill having received the requisite constitutional majority was passed.
By Mr. Hand of the 8th District-
Senate Bill No. 74. A bill to be entitled an Act to establish the City Court of Pelham, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Hand of the 8th District-
Senate Bill No. 76. A bill to be entitled an Act to establish the City Court of Camilla, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, nays 0.
The bill having received the requisite constitutional majority was passed.
Mr. Strickland of Haralson asked unanimous consent that House Bill No. 163 be placed on the calendar for the purpose of disagreeing to the unfavorable report of the committee, and the request was granted.
Mr. Stanton of vVare asked unanimous consent that House Bill No. 267 be placed on the calendar for the purpose of disagreeing to the unfavorable report of the committee, and the request was granted.
Mr. Brown of Green asked unanimous consent that House Bill No. 76 be placed on the calendar for the purpose of disagreeing to the unfavorable report of the committee, and the request was granted.
FRIDAY, JuLY 31, 1931.
889
Mr. Stewart of Coffee arose to a question of personal privilege, and addressed 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 Messrs. Davis, Lanham, and Crawford of Floyd-
House Resolution No. 10-29a. A resolution providing for an investigation as to the methods used in adding new names to the pension roll so as to protect the old heroes who are needy and who will soon pas~ over the river.
Mr. Taylor of Washington moved the previous question on House Resolution No. 10-29a.
The motion for the previous question prevailed, and the main question was ordered.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 109, nays 0.
The resolution, having received the requisite constitutional majority, was therefore adopted.
Mr. Carlisle of Grady moved that when the House adjourn today, it stand adjourned until 10:00 o'clock next Monday morning.
Mr. Harrison of Jenkins moved the previous question, the motion prevailed, and the main question was ordered; and the motion was lost.
By Mr. Strickland of Haralson-
House Bill No. 36. A bill to be entitled an Act to amend the Penal Code of Georgia relative to trespass, and for other purposes.
890
JouRNAL oF THE HousE,
Mr. Mooty of Troup moved to table House Bill No. 36, and the motion prevailed.
The bill was tabled.
By Messrs. Fagan of Peach, Kennedy of Lamar, Johnson of Montgomery, and others-
House Bill No. 25. A bill to be entitled an Act to prevent any city, town or municipality from selling, leasing or disposing of its power plant or any interest therein for a period longer than twenty years, and for other purposes.
Mr. Davis of Mitchell moved to postpone further consideration of House Bill No. 25 until next Wednesday, August 5th, and the motion prevailed.
By Messrs. Kimsey of Rabun, Brown of Greene, Hutcheson of Walker, Leathers, Beaman, and Lindsay of DeKalb-
House Bill No. 40. A bill to be entitled an Act to amend Section 4 of an Act approved August 21, 1917, entitled "An Act to provide for the assurance, registration and transfer of land titles and interest therein, and for other purposes."
Mr. Hawes of Elbert moved the previous question on House Bill No. 40 and all amendments thereto.
The motion prevailed, and the main question was ordered.
The following amendment was read and adopted:
Mr. Lanier of Richmond moves to amend House Bill No. 40 by adding after the last word of the last line thereof the following, to-wit: That this Act applies only to the Torren's Land Registration Act, (Approved August 21, 1917) and described in Section (1) one of the Act, and shall not be construed to prohibit the introduction of evidence in any other matter or action.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
FRIDAY, JuLY 31, 1931.
891
On the passage of the bill, the ayes were 109, nays 0.
The bill having received the requisite constitutional majority was passed as amended.
By Messrs. Lanier and Lester of Richmond-
House Bill No. 47. A bill to be entitled an Act to amend the Constitution of this State so as to provide for the retirement of justices of the Supreme Court, and for other purposes.
Mr. Lanier of Richmond moved to postpone further consideration of House Bill No. 47 until Monday, August 3rd, and the motion prevailed.
By Messrs. Maynard of Sumter and Allen of Baldwin-
House Bill No. 49. A bill to be entitled an Act proposing an amendment to the Constitution of Georgia, local and special bills (known as "Burgin Bill"), and for other purposes.
Mr. Park of Bibb moved to postpone further consideration of House Bill No. 49 until next Tuesday, August 4th, to follow the order already set for that day, and the motion prevailed.
By Mr. Westbrook of Dougherty and others-
House Resolution No. 15-50a. A resolution to make certain roads State Aid Highways, and for other purposes.
Mr. Westbrook of Dougherty moved to postpone further consideration of House Resolution No. 15-50a indefinitely, and the motion prevailed.
By unanimous consent, the following bill of the Senate was read the first time and referred to the committee:
892
JouRNAL OF THE HousE,
By Messrs. Bennett of the 5th District and Davis of the 31st District-
Senate Bill No. 92. A bill to reapportion the several Congressional Districts, and for other purposes.
Referred to Committee on Legislative and Congressional Reapportionment.
Mr. Johnson of Seminole moved that the House do now adjourn.
Under the provisiOns of House Resolution No. 10-29a, the Speaker appointed the following members of the House to act as a committee on the part of the House:
Messrs. Duncan of Houston, Johnson of Seminole,
McKoy of Coweta, Morris of Atkinson, Burton of Franklin.
Mr. Lanham of Floyd 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:
Those voting in the affirmative were Messrs.:
Arrington
Evans
Bargeron
Harrison of Jenkins
Culpepper of Fayette King of Clay
Lord Skelton Taylor
Those voting in the negative were Messrs.:
Adams Alexander Almand Andrews Arnold Atwood Awtrey
Beaman Bennett of Bacon Bennett of Jeff Davis Brown Bunn Burton Carlisle of Bibb
Carlisle of Grady Cartledge Chambers Childs Clark Cochran Collier
FRIDAY, JuLY 31, 1931.
893
Courson
Hyman
Rivers
Cozart
Irvin
Roberts
Crawford
Johnson of Montgomery Robertson
Crowe
Johnson of Seminole Ross of Appling
Davis of Floyd
Johnston
Ross of Dodge
Davis of Jackson
Jones of Burke
Rosser
Davis of Mitchell
Jones of Paulding
Sammon
Davis of Troup
Key
Scarbrough
Donaldson
Kimbrough
Se:::kinger
Dorsett
Kimsey
Sharpe
Duncan
King of Newton
Shirley
Dykes
Lance
Simmons
Eckford
Lanham
Sisk
Edwards of Gilmer Lanier
Stanton
Edwards of Stephens Leathers
Stewart
Elliott
Lewis of Gordon
Still
Fagan
Lindsay
Stone
Franklin
McElreath
Strickland of Douglas
Freeman
McGehee
Strickland of Haralson
Gary
McKoy
Tate
Gillen
McRae
Thomas
Graham
McWhorter
Thomason
Green
Mattox
Thompson
Greer
Meredith
Townsend
Griffeth
Mooty
Trapnell
Griffin of Wilkes
Moye
Trotter
Gullatt
Mundy
Waldrop
Hampton
Nelson of Laurens
Walker of Ben Hill
Hardin
Oliver
Walker of Brooks
Harris
Pace
Walker of Morgan
Hawes
Parham
Walker of Screven
Hodges
Park
Wall
Holt
Patten
Weeks
Horne
Peebles
Westbrook
Hubbard of HabershamPittard
Whittle
Hubbard of Wilkinson Preston
Wilson
Hutcheson
Purdy
Yawn
Those not voting were Messrs.:
Allen Ashley Barrett Battle Bean Beasley
Bland Brannen Brunson Bush Cain Cannon
Chalker Clements of Marion Clements of Telfair Colson Cowart Cullens
894
JouRNAL OF THE HousE,
Culpepper of Echols Killebrew
Dixon
Lester
Edmondson
Lewis of Hancock
Edwards of Lowndes Logan
Fraser
McLeod
Grayson
Mallard
Griffin of Decatur
Mardre
Harrison of Camden Maynard
Hatcher
Mercer
Howard of Chatt'h'chee Mixon
Howard of Long
Montgomery
Huddleston
Morris
James
Musgrove
Johnson of Pike
Myrick
Jones of Lumpkin
Nelson of Cook
Kennedy
Osteen
Paulk Phillips Pope Powell Purvis Rabun Sims Spivey Sutton Swain Tippins Turner Wilkes Williams Wood Mr. Speaker
By unanimous consent, the verification of the roll call was dispensed with.
On the motion to adjourn, the ayes were 9, nays 132.
The motion was therefore lost.
Mr. Mooty of Troup asked unanimous consent that when the House adjourn at 1:00 o'clock, P. M., today, it stand adjourned to reconvene at 2:00 o'clock, P. M., today, for the purpose of considering general House bills having a local application, and the request was granted.
Mr. Carlisle of Grady asked unanimous consent that when the House adjourn this afternoon, it stand adjourned until next Monday morning, August 3, at 10:00 o'clock, and the request was granted.
Privileges of the floor were granted to Hon. J as. C. Davis of DeKalb County, Hon. Stanley Lytel of McDuffie
County, and Mrs. J. R. Wakefield of Fulton County.
Mr. Crawford of Floyd moved that the House do now adjourn, and the motion prevailed.
The Speaker announced the House adjourned until this afternoon, at 2:00 o'clock.
FRIDAY, JuLY 31, 1931.
895
AFTERNOON SESSION,
2:00 o'clock, P. M.
The House met again at this hour and was called to order by the Speaker.
The roll was called and the following members answered to their names:
Adams Alexander Allen Almand Andrews Arnold Arrington Ashley Atwood Awtrey Bargeron Barrett Battle Beaman Bean Beasley Bennett of Bacon Bennett of Jeff Davis Bland Brannen Brown Brunson Bunn Burton Bush Cain Cannon Carlisle of Bibb Carlisle of Grady Cartledge Chalker Chambers Childs Clark Clements of Marion
Clements of Telfair Cochran Collier Colson Courson Cowart Cozart Crawford Crowe Cullens Culpepper of Echols Culpepper of Fayette Davis of Floyd Davis of Jackson Davis of Mitchell Davis of Troup Dixon Donaldson Dorsett Duncan Eckford Edmondson Edwards of Gilmer Edwards of Stephens Elliott Evans Fagan Franklin Fraser Freeman Gary Gillen Graham Grayson Green
Greer Griffeth Griffin of Decatur Griffin of Wilkes Gullatt Hampton Hardin Harris Harrison of Camden Harrison of Jenkins Hatcher Hawes Hodges Holt Horne Howard of Chatt'h'chee Howard of Long Hubbard of Habersham Hubbard of Wilkinson Huddleston Hutcheson Hyman Irvin James Johnson of Montgomery Johnson of Pike Johnson of Seminole Johnston Jones of Burke Jones of Lumpkin Jones of Paulding Kennedy Key Killebrew Kimbrough
896
JoURNAL OF THE HousE,
Kimsey King of Clay King of Newton Lance Lanham Lanier Leathers Lester Lewis of Gordon Lewis of Hancock Lindsay Logan Lord McElreath McGehee McKoy McLeod McRae McWhorter Mallard Mardre Mattox Mercer Meredith Mixon Montgomery Mooty Morris Moye Mundy Musgrove Myrick Nelson of Cook Nelson of Laurens
Oliver Osteen Pace Parham Park Patten Paulk Peebles Phillips Pittard Pope Powell Preston Purdy Purvis Rabun Rivers Roberts RDbertson Ross of Appling RDss of Dodge RDsser Sammon Scarbrough Seckinger Sharpe Shirley Simmons Sims Sisk Skelton Spivey Stanton
Stewart Still Stone Strickland of Douglas Strickland of Haralson Sutton Swain Tate Taylor
Thomas Thomason Thompson Tippins
Townsend Trapnell Trotter Tucker Turner Waldrop Walker of Ben Hill Walker of Brooks ~ Walker of Morgan Walker of Screven Wall Weeks Westbrook Whittle Wilkes Williams Wilson Wood Yawn Mr. Speaker
Under orders of the day, the following bills and resolutions of the House were taken up for consideration and read the third time:
By Mr. Barrett of White-
House Resolution No. 16-115a. A resolution to provide
for the furnishing of certain law books to Clerk of Court of White County and to Ordinary of White County, and for other purposes.
FRIDAY, JuLY 31, 1931.
897
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 104, nays 0.
The resolution, having received the requisite constitutional majority, was therefore adopted.
By Messrs. Carlisle, Park, and Gillen of Bibb-
House Resolution No. 22-145a. A resolution authorizing and directing the State Librarian to furnish to Bibb County Law Library all the Reports of the Supreme Court of Georgia and of the Court of Appeals, and all the Acts of the General Assembly of Georgia, together with the official Code of the State Laws, and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 104, nays 2.
The resolution having received the requisite constitutional majority was therefore adopted.
By Mr. Burton of Franklin-
House Bill No. 172. A bill to be entitled an Act to make the Farmers' Bank of Royston, Franklin County, a State Depository, and for other purposes.
The report 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 0.
The bill having received the requisite constitutional majority was therefore passed.
By Mr. Mixon of IrwinHouse Resolution No. 26-191b. A resolution authoriz-
898
JouRNAL OF THE HousE,
ing the State Librarian to furnish Georgia Supreme Court and Court of Appeals reports to the Irwin County Superior Court.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 104, nays 1.
The resolution having received the requisite constitutional majority was therefore adopted.
By Messrs. Lanham and Crawford of Floyd-
House Bill No. 203. A bill to be entitled an Act to amend an Act approved August 14, 1925, entitled an Act to define, regulate, and license real estate brokers and real estate salesmen in counties having a population of 44,195 or more, according to the United States Census of 1920, or any future census; to create a Real Estate Commission, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill having received the requisite constitutional majority was thereforepassed.
By Messrs. Alexander, Grayson, and Myrick of Chatham-
House Resolution No. 27-221a. A resolution for the relief of L. W. Hall as surety for Frank Holmes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 106, nays 0.
The resolution having received the requisite constitutional majority was therefore adopted.
FRIDAY, JuLY 31, 1931.
899
By Messrs. Alexander, Grayson, and Myrick of Chatham-
House Resolution No. 28-221b. A resolution for the
relief of vV. F. Cardinal as surety for James Houston.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 104, nays 0.
The resolution having received the requisite constitutional majority was therefore adopted.
By Messrs. Lindsay, Leathers, and Beaman of DeKalb-
House Resolution No. 32-237a. A resolution to relieve Geo. L. Trimble as surety on the bond of Q. C. Jordan.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 104, nays 0.
The resolution having received the requisite constitutional majority was therefore adopted.
By Messrs. Clark of Catoosa, Hardin of Whitfield, and Wilson of Murray-
House Bill No. 316. A bill to be entitled an Act to repeal an Act approved August 1, 1929, to abolish the Fee System existing in the Cherokee Judicial Circuit applying to the office of Solicitor-General, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, nays 0.
The bill having received the requisite constitutional majority was therefore passed.
900
JouRNAL OF THE HousE,
By Messrs. Clark of Catoosa, Hardin of Whitfield, and Wilson of Murray-
House Bill No. 317. A hill to he entitled an Act to reduce the salary of the Solicitor-General of the Cherokee Judicial Circuit, to provide the method of payment from each county therein, and for other purposes.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the hill, the ayes were 104, nays 0.
The bill having received the requisite constitutional majority was therefore passed.
By Mr. Harris of Terrell-
House Resolution No. 45-310a. A resolution to he entitled "Be it resolved by the House of Representatives, the Senate concurring, that the county authorities of Terrell County be, and they are hereby, authorized and directed
to relieve J. B. Brim from any and all liability upon said
bond forfeiture, and they are hereby authorized and directed to cancel the execution which issued upon the same."
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 109, nays 0.
The resolution having received the requisite constitutional majority was therefore adopted.
By Messrs. Crawford and Lanham of Floyd, and others-
House Bill No. 315. A hill to he entitled an Act to repeal an Act approved August 12, 1931, fixing the number of days work required of each person subject to road duty in counties in this State having an organized chain-gang, and having a city of not less than seventeen thousand in-
FRIDAY, JuLY 31, 1931.
901
habitants, nor more than twenty-three thousand inhabitants according to United States Census, and for other purposes.
Mr. Lanham of Floyd asked unanimous consent that further consideration of House Bill No. 315 be postponed until Monday, August 3rd, and the request was granted.
By Mr. Childs of Taylor-
House Resolution No. 29-221c. A resolution authorizing and directing the State Librarian to furnish Taylor County with all missing volumes of the Georgia Supreme Court and Court of Appeals Reports, and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 107, nays 0.
The resolution having received the requisite constitutional majority was therefore adopted.
By Mr. Walker of Brooks-
House Bill No. 341. A bill to be entitled an Act to change from the fee to the salary system in certain counties in Georgia the clerk's of the Superior Court, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, nays 0.
The bill having received the requisite constitutional majority was therefore passed.
By Mr. Williams of Emanuel-
House Bill No. 484. A bill to be entitled an Act to require the jury commissioners of all counties of the State with a population of not less than 24,101 and not more
902
JouRNAL OF THE HousE,
than 24,105 according to last United States Census Report~ to place on the jury lists the names of not less than 750 upright and intelligent men to serve as jurors.
The report 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 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Thomas of Wayne-
House Bill No. 334. A bill to be entitled an Act to provide that in counties where the offices of Tax Receiver and Tax Collector have been merged, and the office of County Tax Commissioner created, that such County Tax Commissioner shall be ex-officio sheriff, and for other purposes.
The following Committee amendment was read and adopted:
The committee moves to amend House Bill No. 334 by adding at the end of the bill and just preceding the repealing clause the following proviso:
Provided, however, that this law shall be effective only after January 1, 1933.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 104, nays 1.
The bill having received the requisite constitutional majority was passed as amended.
By Messrs. Mardre and Cochran of Thomas-
House Bill No. 413. A bill to be entitled an Act to authorize the officers having charge of the county affairs in certain counties of this State to apropriate funds to support a public library, and for other purposes.
FRIDAY, JuLY 31, 1931.
903
The report 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 0.
The bill having received the requiste constitutional majority was passed.
By Messrs. Lanier and Lester of Richmond-
House Bill No. 411. A bill to be entitled an Act to provide for certain records to be kept by the sheriff, clerk of court, ordinary, and the tax collector in counties having a population of not less than 70,000 and not more than 74,000, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Harrison of Camden, Thomas of Wayne, and Lewis of Hancock-
House Bill No. 335. A bill to be entitled an Act to provide for the payment of mileage fees to sheriffs when travelling on official duty in criminal matters in certain counties of this State, and for other purposes.
Mr. Hardin of Whitfield moved to table House Bill No. 335, and the motion prevailed.
By Messrs. Beaman, Lindsay, and Leathers of DeKalb, and McRae, Eckford, and Still of Fulton-
House Bill No. 344. A bill to be entitled an Act to amend the laws relative to the registration of voters in counties containing any part of a city of more than 200,000 population, to provide penalties for violation, and for other purposes.
904
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 95, nays 9.
The bill having failed to receive the requisite constitutional majority was therefore lost.
Mr. Key of Jasper moved that the House do now adjourn, and the motion prevailed.
Leave of absence was granted to Messrs. Whittle of Upson, Hyman of Washington, Brown of Greene, Sharpe of Screven, Cozart of Wilkes, Huddleston of Meriwether, Mixon of Irwin, Trapnell of Candler, Graham of Laurens, Chalker of Pulaski, Carlisle of Bibb, Hodges of Sumter, Seckinger of Effingham, Skelton of Hart, Bargeron of Burke, Osteen of Bryan, Holt of Wilcox, Simmons of Decatur, Hawes of Elbert, Stone of Early, McGehee of Talbot, Cartledge of Richmond, Weeks of Columbia, Griffeth of Oconee, Mercer of Twiggs, Meredith of Muscogee, Cowart of Calhoun, Donaldson of Bulloch, Kimbrough of Harris, Arnold of Clarke, Taylor of Washington, Nelson of Laurens, Carlisle of Grady, Westbrook of Dougherty, and Davis of Jackson.
The Speaker announced the House adjourned until Monday morning, at 10:00 o'clock.
MoNDAY, AuGusT 3, 1931.
905
REPRESENTATIVE HALL, ATLANTA, GA.,
MoNDAY, AuGusT 3, 1931.
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
Chambers
Alexander
Childs
Allen
Clark
Almand
Clements of Marion
Andrews
Clements of Telfair
Arnold
Cochran
Arrington
Collier
Ashley
Colson
Atwood
Courson
Awtrey
Cowart
Bargeron
Cozart
Barrett
Crawford
Battle
Crowe
Beaman
Cullens
Bean
Culpepper of Echols
Beasley
Culpepper of Fayette
:Bennett of Bacon
Davis of Floyd
Bennett of Jeff Davis Davis of Jackson
Bland
Davis of Mitchell
:Brannen
Davis of Troup
Brown
. Dixon
:Brunson
Donaldson
Bunn
Dorsett
:Burton
Duncan
Bush
Dykes
Cain
Eckford
Cannon
Edmondson
Carlisle of Bibb
Edwards of Gilmer
Carlisle of Grady
Edwards of Stephens
Cartledge
Elliott
Chalker
Evans
Fagan Franklin Fraser Freeman Gary Gillen Graham Grayson Green Greer Griffeth Griffin of Decatur Griffin of Wilkes Gullatt Hampton Hardin Harris Harrison of Camden Harrison of Jenkins Hatcher Hawes Hodges Holt Horne Howard of Chatt'h'chee Howard of Long Hubbard of Habersham Hubbard of Wilkinson Huddleston Hutcheson Hyman
906
JouRNAL OF THE HousE,
Irvin
Montgomenr
.James
Mooty
.Johnson of Montgomery Morris
.Johnson of Pike
Moye
.Johnson of Seminole MundY
.Johnston
Musgrove
.Jones of Burke
Myrick
.Jones of Lumpkin Nelson of Cook
.Jones of Paulding
Nelson of Laurens
Kennedy
Oliver
Key
Osteen
Killebrew
Pace
Kimbrough
Parham
Kimsey
Park
King of Clay
Patten
King of Newton
Paulk
Lance
Peebles
Lanham
Phillips
Lanier
Pittard
Leathers
Pope
Lester
Powell
Lewis of Gordon
Preston
Lewis of Hancock
Purdy
Lindsay
Purvis
Logan
Rabun
Lord
Rivers
McElreath
Roberts
McGehee
Robertson
McKoy
Ross of Appling
McLeod
Ross of Dodge
McRae
Rosser
McWhorter
Sammon
Mallard
Scarbrough
Mardre
Seckinger
Mattox
Sharpe
Mercer
Shirley
Meredith
Simmons
Mixon
Sims Sisk Skelton Spivey Stanton Stewart Still Stone Strickland of Douglas Strickland of Haralson Sutton Swain Tate Taylor Thomas Thomoson Thompson Tippins Townsend Trapnell Trotter Turner Waldrop Walker of Ben Hill Walker of Brooks Walker of Morgan Walker of Screven Wall Weeks Westbrook Whittle Wilkes Williams Wilson Wood Yawn Mr. Speaker
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the reqmstte constitutional majority the following bills of the House, to-wit:
MoNDAY, AuGus'r 3, 1931.
907
By Messrs. Hutcheson and Rosser of Walker-
House Bill No. 10. A bill to be entitled an Act to amend the Code relative to taxes for county purposes in certain counties, and for other purposes.
By Mr. Hutcheson of Walker-
House Bill No. 19. A bill to be entitled an Act to amend an Act creating the Service Bureau so as to provide for the education of children of soldiers, sailors, and marines, who were killed or died during the World War, and for other purposes.
By Messrs. Beaman, Leathers, and Lindsay of DeKalb, and Eckford and McRae of Fulton-
House Bill No. 32. A bill to be entitled an Act to provide for the manner in which tax fi. fas. shall be issued by the collectors of ad valorem taxes in those counties in the State of Georgia, in which are located a city or part of a city having a population of more than 200,000; and for other purposes.
By Messrs. Eckford, McRae, and Still of Fulton-
House Bill No. 143. A bill to be entitled an Act to require the Boards of Jury Commissioners in all counties of this State, having a population exceeding 200,000 inhabitants, according to the last United States Census or any future census, to place on the jury lists of said counties the names of not less than 10,000 upright and intelligent men to serve as jurors in all the courts of such counties, and for other purposes.
By Mr. Stewart of Coffee-
House Bill No. 260. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Coffee, State of Georgia, and for other purposes.
908
JouRNAL OF THE HousE,
By Mr. Stewart of-Coffee-
House Bill No. 323.. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Coffee, in the State of Georgia; and for other purposes.
By Mr. Barrett of White-
House Bill No. 339. A bill to be entitled an Act to create the office of County Treasurer of White County, Georgia, and for other purposes.
By Mr. Simmons of Decatur-
House Bill No. 382. A bill to be entitled an Act to amend an Act establishing the City Court of Bainbridge, and for other purposes.
By Messrs. Simmons and Griffin of Decatur-
House Bill No. 383. A bill to be entitled an Act to amend an Act approved July 27, 1925, amending an Act approved August 16, 1915, providing that the Treasurer of Decatur County be placed on a salary of $75.00 per month, instead of $100.00 per month, and also to provide that said amendment be submitted by referendum to the qualified voters of Decatur County, and for other purposes.
By Messrs. Griffin and Simmons of Decatur-
House Bill No. 384. A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Decatur County, Georgia; to create in lieu of the same, the office of County Tax Commissioner of Decatur County, Georgia; and for other purposes.
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 390. A bill to be entitled an Act to amend an Act approved September 13, 1883, entitled,
MoNDAY, AuGUST 3, 1931.
909
"An Act to authorize the City Council of Augusta to fix and regulate the salary of the mayor of said city," and for other purposes.
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 392. A bill to be entitled an Act to repeal an Act entitled "An Act to amend the charter of the City of Augusta," and for other purposes.
By Mr. Kimsey of Rabun County-
House Bill No. 401. A bill to be entitled an Act to amend the charter of the Town of Dillard in Rabun County, and for dther purposes.
By Mr. Hampton of Fannin-
House Bill No. 191. A bill to be entitled an Act to amend an Act for the protection of birds, fish, game, and fur-bearing animals, and for other purposes.
The Senate has also passed by the requisite constitutional majority the following resolution of the House, to-wit:
By Messrs. Andrews of Crawford, Lord of Jackson, Evans of McDuffie, Shirley of Milton, and King of Clay-
House Resolution No. 44. A resolution to use cotton paper except on certain instances, and for other purposes.
The Senate has also passed by the requisite constitutional majority the following bills of the Senate, to-wit:
By Mr. Martin of the 2nd District-
Senate Bill No. 51. A bill to be entitled an Act to amend Section 1946 of the Code of 1910, relating to natural oyster beds; to authorize the development of the natural beds
910
JouRNAL OF THE HousE,
of the State, by the State Commissioner of Game and Fish; and for other purposes.
By Mr. Beck of the 37th District-
Senate Bill No. 52. A bill to be entitled an Act to amend the Constitution of Georgia, by providing for assumption by State of Georgia of the indebtedness of the several counties of the State and Coastal Highway District incurred for construction and for paving Public Roads and Highways, and for other purposes.
By Mr. Jones of the 51st District-
Senate Bill No. 114. A bill to be entitled an Act to amend an Act incorporating the Town of Alpharetta, and for other purposes.
By Mr. Jones of the 51st District-
Senate Bill No. 121. A bill to be entitled an Act to amend the charter of the City of Mountain Park, to change the number of councilmen. To change the date for holding elections, to change the hours for keeping the polls open. To change the date on which marshal's sales are held, and for other purposes.
By Mr. Weekes of the 34th District-
Senate Bill No. 124. A bill to be entitled an Act to amend an Act approved August 7, 1920; to allow counties having a city or a part of a city of 80,000 population to permit their tax assessors to meet from April 1 to August of each year.
Mr. Hardin of Whitfield, 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.
MoNDAY, AuGUST 3, 1931.
911
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.
5. First reading of Senate bills and resolutions.
Mr. McRae of Fulton moved that the House reconsider its action in defeating House Bill No. 344, and the m'Jtion prevailed.
The following resolution of the House was read and ordered to lie on table one day:
By l\1r. Myrick of Chatham-
House Resolution No. 81. A resolution providing for the appointment of a committee of fifteen members to report to the General Assembly of 1933 upon the question of consolidation of the various counties of the State.
By unanimous consent, the following bills and resolutions of the House were read the first time and referred to the committees:
By Mr. Almand of Walton-
House Bill No. 516. A bill to limit civil liability of owners and operators of motor vehicles, and for other purposes.
Referred to Committee on Insurance.
912
JouRNAL OF THE HousE,
By Mr. Logan of Banks-
House Bill No. 517. A bill to tax businesses dealing in soft drinks, and for other purposes.
Referred to Committee on Ways and Means.
By Mr. Wilson of Murray-
House Bill No. 518. A bill to amend the charter of the City of Chatsworth, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Greer of Macon-
House Bill No. 519. A bill to amend the Code relative to county advertisements in the newspaper.s of certain counties, and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Messrs. Lanier and Lester of Richmond-
House Bill No. 520. A bill to revise the Health Laws of Georgia, and for other purposes.
Referred to Committee on Hygiene and Sanitation.
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 521. A bill to establish a City Court in the County of Richmond, and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Mr. Bennett of Bacon-
House Bill No. 522. A bill to vest in the tax collectors of certain counties all the powers of sheriffs relative to the levy and collections of tax fi. fas., and for other purposes.
Referred to Committee on Counties and County Matters.
MoNDAY, AucusT 3, 1931.
913
By Mr. Bennett of Jeff Davis-
House Bill No. 523. A bill to vest in the tax collectors of certain counties all the powers of sheriffs relative to the collection of tax fi. fas., and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Hutcheson of Walker and Townsend of Dade-
House Bill No. 524. A bill to amend the Code relative to restoring attorneys to the bar, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Sisk of Elbert-
House Bill No. 525. A bill to amend an Act establishing the City Court of Elberton, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Nelson of Cook, Thomas of Wayne, and others-
House Bill No. 526. A bill to reduce the cigar and cigarette tax, and for other purposes.
Referred to Committee on Ways and Means.
By Mr. Eckford of Fulton-
House Bill No. 527. A bill to amend an Act authorizing the Board of Commissioners of Roads and Revenues to supplement funds of the County Board of Education, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. McRae of Fulton-
House Bill No. 528. A bill to amend an Act incorporating the City of Manchester under the name of College Park, and for other purposes.
Referred to Committee on Counties and County Matters.
914
JouRNAL OF THE HousE,
By Mr. Harrison of Camden-
House Bill No. 529. A bill to amend an Act incorporating the Town of Kingsland, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Johnson of Seminole-
House Bill No. 530. A bill to amend an Act creating a new charter for the Town of Donaldsonville, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Key of Jasper and others-
House Bill No. 531. A bill to amend the fuel tax A.ct, and for other purposes.
Referred to Committee on Ways and Means.
By Mr. Mattox of Colquitt-
House Resolution No. 74-530a. A resolution to make the birthday of Abraham Lincoln a legal holiday in this State, and for other purposes.
Referred to Committee on State of the Republic.
By Messrs. Davis and Mooty of Troup-
House Resolution No. 75-530b. A resolution to relieve Messrs. T. P. Haralson and B. F. Harrell on an appearance bond, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Messrs. Mooty and Davis of Troup-
House Resolution No. 76-530c. A resolution to relieve \V. H. Calley on an appearance bond, and for other purposes.
Referred to Committee on General Judiciary No. 1.
MoNDAY, AucusT 3, 1931.
915
By Mr. Carlisle of Bibb-
House Resolution No. 77-530d. A resolution to relieve 0. H. Booker from bond forfeiture, and for other purposes.
Referred to Committee on General Judiciary No.2.
By Mr. Carlisle of Bibb-
House Resolution No. 78-530e. A resolution to relieve Mr. H. B. Bloodworth from bond forfeiture, and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Mr. Mundy of Clayton-
House Resolution No. 79-530f. A resolution to appoint a committee from the members of the House and Senate to study the State's financial condition, and for other purposes.
Referred to Committee on State of the Republic.
By Messrs. Sutton and Mattox of Colquitt-
House Resolution No. 80-530g. A resolution for the discontinuance of the old Soldiers' Home, and for other purposes.
Referred to Committee on Invalid Pensions and Soldiers Home.
Mr. Andrews of Crawford County, Chairman of the Committee on Counties 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 House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
916
JouRNAL oF THE HousE,
House Bill No. 511 do pass. House Bill No. 509 do pass. House Bill No. 508 do pass. House Bill No. 513 do pass.
Respectfully submitted, ANDREWS of Crawford, Chairman.
Mr. Crawford of Floyd 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 bills of the House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 448 do pass. House Bill No. 448 do pass. House Bill No. 475 do pass.
Respectfully submitted, CRAWFORD of Floyd, Chairman.
By unanimous consent, the following bills of the House, favorably reported, were read the second time:
By Mr. Edwards of Stephens-
House Bill No. 448. A bill to abolish the offices of Tax Receiver and Tax Collector of Stephens County, and for other purposes.
MoNDAY, AuGUST 3, 1931.
917
By Messrs. Crawford and Lanham of Floyd-
House Bill No. 475. A bill to amend an Act making ordinaries legal custodians of minor children, and for other purposes.
By Mr. Harrison of Camden-
House Bill No. 488. A bill to amend an Act creating the Board of Road Commissioners of Camden County, and for other purposes.
By Messrs. Pace and Awtrey of Cobb-
House Bill No. 508. A bill to amend the charter of the City of Marietta, and for other purposes.
By Mr. Pope of Toombs-
Hause Bill No. 509. A bill to provide for holding two terms a year of Superior Court, and for other purposes.
By Messrs. Stanton and Bunn of Ware-
House Bill No. 511. A bill to amend an Act establishing a new charter for the City of Waycross, and for other purposes.
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Resolution No. 521. A resolution to amend an Act establishing a City Court in the County of Richmond, and for other purposes.
By Mr. Evans of McDuffie-
Hause Bill No. 513. A bill to establish the City Court of Thompson, and for other purposes.
By unanimous consent, the following bills and resolution of the House were read the third time and placed upon their passage:
918
JouRNAL oF THE HousE~
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 450. A bill to be entitled an Act to abolish the Justice Courts and the office of Justice of the Peace, and Notary Public, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Beaman, Leathers, and Lindsay of DeKalb-
House Bill No. 469. A bill to be entitled an Act to create the DeKalb Division of the Municipal Court ot Atlanta, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Osteen of Bryan-
House Bill No. 480. A bill to be entitled an Act to
regulate fishing in the waters of Bryan County, and for
other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Crawford, Davis, and Lanham of FloydHouse Bill No. 500. A bill to be entitled an Act to fix
MoNDAY, AucusT 3, 1931.
919
the compensation of the Board of Commissioners of Roads and Revenues of Floyd County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Thompson of Barrow-
House Resolution No. 54-352a. A resolution concerning the Public Schools of the Town of Winder and the Town of Russell, and for other purposes.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
On the passage of the resolution, the ayes were 106, nays 0.
The resolution 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 the committees:
By Messrs. Weekes of the 34th District and Reagan of the 35th District-
Senate Bill No. 65. A bill creating the Atlanta Sanitary District, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Weekes of the 34th District and Reagan of the 35th District-
. Senate Bill No. 115. A bill to repeal an Act to incorporate the municipality of Atlanta, and for other purposes.
Referred to Committee on Municipal Government.
i)20
JouRNAL OF THE HousE,
By Mr. Dekle of the 6th District-
Senate Bill No. 117. A bill to repeal an Act amending an Act establishing a Board of Commissioners of Roads and Revenues for the County of Habersham (Lowndes), and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Weekes of the 34th District-
Senate Bill No. 123. A bill to amend an Act providing a new charter for the Town of Decatur, and for other purposes.
Referred to Committee on Municipal Government.
Under the regular order of business, the following bills of the Senate were taken up for consideration and read the third time:
By Messrs. Weekes of the 34th District, West of the 11th District, McWhorter of the 50th District, Harris of the 18th District, and Duckworth of the 7th District-
Senate Bill No.3. A bill to be entitled an Act to regulate the practice of law and the performance of legal services; to protect the courts and the public in respect thereto; to prohibit corporations and voluntary associations and persons other than duly licensed attorneys-at-law from practicing law or performing legal services directly or indirectly; to define and punish attorneys-at-law for corrupt and deceitful practice, and to prescribe penalties therefor; and for other purposes.
Mr. Stanton of Ware moved the previous question.
The motion for the previous question prevailed, and the main question was ordered.
MoNDAY, AucusT 3, 1931.
921
The report 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 5.
The bill having received the requisite constitutional majority was passed.
By Mr. McWhorter of the 50th District-
Senate Bill No. 29. A bill to be entitled an Act to amend an Act approved August 15, 1921, relating to reorganization of the military forces, and to revise the military laws, and make of force a Military Code, and for other purposes.
By unanimous consent, the previous question was called, 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, the ayes were 107, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Stark of the 43rd District-
Senate Bill No. 63. A bill to be entitled an Act to provide that all quasi public corporations of this State shall make financial reports to the State Auditor, and for other purposes.
Mr. Rosser of Walker moved the previous question on Senate Bill No. 63.
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 t'he bill, the ayes were 74, nays 44.
922
JouRNAL OF THE HousE,
The bill having failed to receive the requisite constitutional majority was therefore lost.
Mr. Colson of Glynn gave notice that at the proper time he would move that the House reconsider its action in failing to pass Senate Bill No. 63.
By Mr. McKenzie of the 48th District-
Senate Bill No. 6. A bill to be entitled an Act to amend an Act, to codify the school laws of the State of Georgia, generally known as the Georgia School Code, and for other purposes.
Mr. Jones of Burke moved the previous question on Senate Bill No. 6, and the motion was lost.
Mr. Lanier of Richmond moved to table Senate Bill No. 6, and the motion was lost, the ayes were 54, nays 70.
Mr. Lindsay of DeKalb moved the previous question on Senate Bill No. 6.
The motion prevailed, and the main question was
ordered.
The report of the committee, which was favorable to the passage of the bill, was disagreed to, the ayes were 35, nays 86, and the bill was therefore lost.
By Mr. Watson of the 3rd District-
Senate Bill No. 10. A bill to be entitled an Act to abolish the office of County Game Warden; providing for the appointment of State Game \Vardens and State Deputy Game \Vardens, prescribing their powers and duties and fixing their compensation; prescribing fees for hunting licenses; and for other purposes.
Mr. Tucker of Berrien asked unanimous consent that when the House adjourn today, it stand adjourned until tomorrow morning at 9:00 o'clock, and the request was granted.
MoNDAY, AuGUST 3, 1931.
923
Mr. Culpepper of Fayette asked unanimous consent that until otherwise ordered the House convene every morning at 9:00 o'clock, and the request was granted.
Privileges of the floor were granted to Mr. W. 0. Stephenson and Hon. D. S. Middleton of Dade County, Hon. Arthur Whitaker of Rockdale County, Hon. Ralph Collier of Oglethorpe County, and Dr. A. J. Odom of Colquitt County.
Mr. Colson of Glynn moved that the House do now adjourn, the motion prevailed, and Senate Bill No. 10 went over as unfinished business of the previous session.
Leave of absence was granted to Mr. Bennett of Jeff Davis.
The Speaker announced the House adjourned until tomorrow morning, at 9:00 o'clock.
924
JouRNAL OF THE HousE,
REP;RESENTATIVE HALL, ATLANTA, GA., TuEsDAY, AuGUST 4, 1931.
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 Allen Almand Andrews Arnold Arrington Ashley Atwood Awtrey Bargeron Barrett Battle Beaman Bean Beasley Bennett of Bacon Bennett of Jeff Davis Bland Brannen Brown Brunson Bunn Burton Bush Cain Cannon Carlisle of Bibb Carlisle of Grady Cartledge Chalker
Chambers Childs Clark Clements of Marion Clements of Telfair Cochran Collier Colson Courson Cowart Cozart Crawford Crowe Cullens Culpepper of Echols Culpepper of Fayette Davis of Floyd Davis of Jackson Davis of Mitchell Davis of Troup Dixon Donaldson Dorsett Duncah Dykes Eckford Edmondson Edwards of Gilmer Edwards of Stephens Elliott Evans
Fagan Franklin Fraser Freeman Gary Gillen Graham Grayson Green Greer Griffeth Griffin of Decatur Griffin of Wilkes Gullatt Hampton Hardin Harris Harrison of Camden Harrison of Jenkins Hatcher Hawes Hodges Holt Horne Howard of Chatt'h'chee Howard of Long Hubbard of Habersham Hubbard of Wilkinson Huddleston Hutcheson Hyman
TuESDAY, AuGusT 4, 1931.
925
Irvin
Montgomery
James
Mooty
Johnson of Montgomery Morris
Johnson of Pike
Moye
Johnson of Seminole Mundy
Johnston
Musgrove
Jones of Burke
Myrick
Jones of Lumpkin
Nelson of Cook
Jones of Paulding
Nelson of Laurens
Kennedy
Oliver
Key
Osteen
Killebrew
Pace
Kimbrough
Parham
Kimsey
Park
King of Clay
Patten
King of Newton
Paulk
Lance
Peebles
Lanham
Phillips
Lanier
Pittard
Lea;thers
Pope
Lester
Powell
Lewis of Gordon
Preston
Lewis of Hancock
Purdy
Lindsay
Purvis
Logan
Rabun
Lord
Rivers
McElreath
Roberts
McGehee
Robertson
McKoy
Ross of Appling
McLeod
Ross of Dodge
McRae
Rosser
McWhorter
Sammon
Mallard
Scarbrough
Mardre
Seckinger
Mattox
Sharpe
Mercer
Shirley
Meredith
Simmons
Mixon
Sims Sisk Skelton Spivey Stanton Stewart Still Stone Strickland of Douglas Strickland of Haralson Sutton Swain Tate Taylor Thomas Thomoson Thompson Tippins Townsend Trapnell Trotter Turner Waldrop Walker of Ben Hill Walker of Brooks Walker of Morgan Walker of Screven Wall Weeks Westbrook Whittle Wilkes Williams Wilson Wood Yawn Mr. Speaker
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has concurred in the House amendment to the following bill of the Senate, to-wit:
926
JouRNAL OF THE HousE,
By Mr. Hand of the 8th District-
Senate Bill No. 73. To abolish the offices of Tax Receiver and Tax Collector of Mitchell County.
Mr. Hardin of Whitfield, 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.
5. First reading of Senate bills and resolutions.
Mr. Colson of Glynn moved that the House reconsider its action of yesterday in defeating the following bill of the Senate, and the motion prevailed:
By Mr. Stark of the 43rd District-
Senate Bill No. 63. A bill to be entitled an Act to provide that all quasi public corporations of this State shall make financial reports to the State Auditor, and for other purposes.
The following resolution of the House was read and adopted:
TuEsDAY, AucusT 4, 1931.
927
By Mr. Stewart of Coffee and others-
House Resolution No. 82. A resolution urging the Department of Justice at Washington to thoroughly investigate the increase of cigarette prices and also to immediately dispatch their agents to the tobacco markets of this State to investigate the prices being paid by these and other tobacco companies for the 1931 crop of bright leaf tobacco, and for other purposes.
By unanimous consent, the following bills of the House were in traduced, read the first time, and referred to the committees:
By Messrs. Bland of Stewart, Stanton of Ware, and Strickland of Douglas-
House Bill No. 532. A bill to regulate the admission of persons to the State Sanitarium, and for other purposes.
Referred to Committee on State Sanitarium.
By Mr. Trotter of TaliaferroHause Bill No. 533. A bill to amend the charter of the
Town of Crawfordville, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Williams of Emanuel-
House Bill No. 534. A bill to require the State Highway Department to dispense with the use of certain machinery and use in lieu thereof natives of this State, and for other .purposes.
Referred to C<Jmmittee on Public Highways.
By Messrs. Spivey and Williams of Emanuel-
House Bill No. 535. A bill to prescribe rules of practice in the several courts of this State, and for other purposes.
Referred to Committee on General Judiciary No. 1.
928
JouRNAL OF THE HousE,
By Messrs. Eckford and Still of Fulton-
House Bill No. 536. A bill to amend the charter of the City of Atlanta, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Freeman of Monroe-
House Bill No. 537. A bill to change the name of the School of Mechanic Arts, and for other purposes.
Referred to Committee on University of Georgia and its Branches.
By Mr. Freeman of Monroe-
House Bill No. 538. A bill to abolish the offices of Tax Collector and Tax Receiver in the County of Monroe, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Kennedy of Lamar and Lanier of Richmond-
House Bill No. 539. A bill to amend an Act creating the State Board of Public Welfare, and for other purposes.
Referred to Committee on State of the Republic.
By Messrs. Still and Eckford of Fulton-
House Bill No. 540. A bill to provide for the election of the Judge of the Juvenile Court of Fulton County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Thompson of Barrow-
House Bill No. 541. A bill to regulate the manufacture and sale of ice within the State of Georgia, and for other purposes.
Referred to Committee on Manufactures.
TuEsDAY, AucusT 4, 1931.
929
Mr. Rosser of Walker 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 and resolution of the House and Senate and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 276 do pass. House Bill No. 398 do pass. House Bill No. 388 do pass by substitute. Senate Bill No. 95 do pass. Senate Bill No. 8 do pass. House Bill No. 221 do not pass. House Bill No. 504 do not pass. House Bill No. 325 do not pass. House Bill No. 381 do not pass. House Bill No. 497 do not pass. House Resolution No. 17-115b do not pass. Senate Bill No. 34 do not pass.
Respectfully submitted, RossER of Walker, Chairman.
Mr. Davis of Floyd County, Chairman of the Committee on Education, submitted the following report:
930
JouRNAL OF THE HousE,
Mr. Speaker:
Your Committee on Education 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 that:
Senate Bill No. 45. A bill authorizing the Governor to appoint a new State Board of Education. Do pass by Committee substitute as amended.
House Bill No. 47. An Act creating a new State Board of Education, and for other purposes. Do not pass.
Respectfully submitted,
DAviS of Floyd,
Chairman.
Mr. Lewis of Hancock 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 and resolution of the House and Senate and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 478 do pass.
House Resolution No. 67-482a do pass.
Senate Bill No. 29A do pass.
Respectfully submitted, LEWIS of Hancock, Chairman.
TuEsDAY, AucusT 4, 1931.
931
Mr. Thomas of Wayne County, Chairman of the Committee on Legislative and Congressional Reapportionment, submitted the following report:
Mr. Speaker:
Your Committee on Legislative and Congressional Reapportionment 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:
Senate Bill No. 92 do pass as amended.
Respectfully submitted,
THOMAS of vVayne,
Chairman.
Mr. Cannon of. Rockdale County, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Mr. Speaker:
Your Committee on Hygiene and Sanitation 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:
House Bill No. 498 do pass.
Respectfully submitted,
CANNON of Rockdale,
Chairman.
Mr. Still of Fulton County, Chairman of the Committee on Labor and Labor Statistics, submitted the following report:
932
JouRNAL OF THE HousE,
Mr. Speaker:
Your Committee on Labor and Labor Statistics 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:
House Bill No. 331 do not pass.
House Bill No. 302 do not pass.
House Bill No. 360 do pass by substitute.
Respectfully submitted, STILL of Fulton, Chairman.
Mr. Trotter of Taliaferro 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:
House Bill No. 481 do pass.
House Bill No. 496 do pass.
House Bill No. 502 do pass.
House Bill No. 506 do pass.
Respectfully submitted, TROTTER of Taliaferro, Chairman.
By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time:
TuEsDAY, AucusT 4, 1931.
933
By Messrs. Davis of Floyd and Sisk of Elbert-
House Bill No. 276. A bill to amend the Constitution providing for a State School Commissioner, and for other purposes.
By Messrs. Still, Eckford, and McRae of Fulton, and Leathers of DeKalb-
House Bill No. 360. A bill to amend an Act relating to the firemen of the City of Atlanta, and for other purposes.
By Messrs. Lanier and Lester of Richmond-
House Bill No. 388. A bill to amend the Constitution so as to authorize the City of Augusta to make temporary loans, and for other purposes.
By Messrs. Griffin and Cozart of Wilkes-
House Bill No. 398. A bill to amend the Constitution, which provides that the General Assembly of Georgia shall not delegate to any county the right to levy taxes except for the purposes therein specified, and for other purposes.
By Mr. Logan of Banks-
House Bill No. 478. A bill to amend the Code relative to road duty, and for other purposes.
By Mr. Greer of Macon-
House Bill No. 496. A bill to amend an Act incorporating the Town of Ideal in the County of Macon, and for other purposes.
By Mr. Almand of Walton-
House Bill No. 498. A bill to amend the Embalming Act, and for other purposes.
934
JouRNAL OF THE HousE,
By Mr. Brown of Greene-
House Bill No. 502. A bill to amend the charter of the City of Union Point, and for other purposes.
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 506. A bill to amend an Act creating a charter for the City of Augusta, and for other purposes.
By Mr. Edwards of Stephens-
House Bill No. 481. A bill to amend the charter of the City of Toccoa, and for other purposes.
By Messrs. Musgrove of Clinch and Ashley of Lowndes-
House Resolution No. 67-482a. A resolution memorializing the Federal Farm Board with reference to assistance to Turpentine-Gum Farmers of this State.
By Mr. Dekle of the 6th District-
Senate Bill No. 8. A bill to amend the Constitution, which relates to the number of State Senators, and for other purposes.
By Messrs. Watson of the 3rd District, Dekle of the 6th District, and Bennett of the 5th District-
Senate Bill No. 29A. A bill to amend the Georgia Securities Law, and for other purposes.
By Mr. Peterson of the 15th District-
Senate Bill No. 45. A bill to amend the Constitution relative to the qualifications for the appointees to the State Board of Education, and for other purposes.
By Messrs. Bennett of the 5th District and Davis of the 31st District-
Senate Bill No. 92. A bill to reapportion the several Congressional Districts, and for other purposes.
TuEsDAY, AuGusT 4, 1931.
935
By Mr. Bennett of the 5th District-
Senate Bill No. 95. A bill to amend the Constitution of the State of Georgia limiting the powers of taxation by the General Assembly of Georgia, and for other purposes.
By unanimous consent, the following bills of the House were read the third time, and placed upon their passage:
By Mr. Edwards of Stephens-
House Bill No. 448. A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Stephens County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 118, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Harrison of Camden-
House Bill No. 488. A bill to be entitled an Act to amend an Act creating the Board of Road Commissioners of Camden County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 117, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Pace and Awtrey of Cobb-
House Bill No. 508. A bill to be entitled an Act to amend the charter of the City of Marietta, and for other purposes.
936
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 115, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Pope of Toombs-
Hause Bill No. 509. A bill to be entitled an Act to provide for holding two terms a year of the Superior Court in Toombs County, Georgia, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 120, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Stanton and Bunn of Ware-
House Bill No. 511. A bill to be entitled an Act to provide a new charter for the City of Waycross, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 116, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Evans of McDuffie-
Hause Bill No. 513. A bill to be entitled an Act to establish the City Court of Thomason, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
TuEsDAY, AucusT 4, 1931.
937
On the passage of the bill, the ayes were 119, 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 the committees:
By Mr. Beck of the 37th District-
Senate Bill No. 52. A bill to amend the Constitution by providing for assumption by the State of Georgia of the indebtedness of the several counties, and for other purposes.
Referred to Committee on Amendments to the Constitution.
By Mr. Martin of the 2nd District-
Senate Bill No. 51. A bill to amend the Code relating to natural oyster beds, and for other purposes.
Referred to Committee on Game and Fish.
By Mr. Jones of the 51st District-
Senate Bill No. 114. A bill to amend an Act incorporating the Town of Alpharetta, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Jones of the 51st District-
Senate Bill No. 121. A bill to amend the charter of the City of Mountain Park, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Weekes of the 34th District-
Senate Bill No. 124. A bill to amend an Act permitting certain counties and cities to permit their tax assessors
938
JouRNAL OF THE HousE,
to meet from April 1 to August of each year, and for other purposes.
Referred to Committee on Counties and County Matters.
Under the order of unfinished business, the following bill of the Senate was again taken up for consideration:
By Mr. Watson of the 3rd District-
Senate Bill No. 10. A bill to be entitled an Act to abolish the office of County Game Warden; providing for the appointment of State Game Wardens and State Deputy Game \Vardens, prescribing their powers and duties and fixing their compensation; prescribing fees for hunting licenses; prescribing the method of sale of hunting, fishing, and trappers licenses, and for other purposes.
On the bill and all amendments thereto, Mr. Rosser of Walker moved the previous question.
The motion prevailed, and the main question was ordered.
The following amendment was read and adopted:
Messrs. Lanier of Richmond and Atwood of Mcintosh move to amend Senate Bill No. 10, by adding after the last word of the last line of the last paragraph, to-wit: That at no time shall the Department of Game and Fish have in its employment over thirty (30) special deputies or deputies, besides the regular appointed Game Wardens.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, Mr. Cartledge of Richmond moved the ayes and nays, and the call was not sustained.
On the passage of the bill as amended, the ayes were 117, nays 48.
The bill having received the requisite constitutional majority was passed as amended.
TUESUAY, AUGUST 4, 1931.
939
The following resolution of the House was read and ordered to lie on the table one day:
By Mr. Tucker of Berrien and others-
House Resolution No. 83. A resolution that Hon. A. B. Mobley, as Superintendent of Banks of the State of Georgia, be required to furnish to this body the information called for in House Resolution No. 9 by not later than August lOth, and for other purposes.
The following resolution of the House was read and ordered to lie on the table one day:
By Mr. Lanier of Richmond-
House Resolution No. 84. A resolution that the Speaker of the House appoint a committee of five to confer with the Governor on the charge of misapplication of funds by State employees and with any other persons whomsoever, on this subject, that the committee sees fit; that full authority be given said committee to compel attendance of any person or persons it desires to examine; that said committee make a report to the House in ten days as to its findings, and for other purposes.
Under orders of the day, the following bills of the House were again taken up for consideration:
By Messrs. Alexander, Grayson, and Myrick of Chatham-
House Bill No. 15. A bill to be entitled an Act to divide the State into ten Congressional Districts, to designate such Congressional Districts, to provide for a representative from each of such districts, and for other purposes.
Mr. Thomas of vVayne moved that further consideration of this bill be postponed until tomorrow immediately after the period of Unanimous Consents, and the motion prevailed.
940
JouRNAL OF THE HousE,
By Messrs. Maynard of Sumter and Allen of Baldwin-
House Bill No. 49. A bill proposing an amendment to the Constitution of Georgia, relative to the General Assembly passing local bills, and for other purposes.
Mr. Allen of Baldwin asked unanimous consent that further consideration of House Bill No. 49 be postponed until 'Wednesday of next we;::k, and the request was granted.
By Messrs. Lanier and Lester of Richmond-
House Bill No. 47. A bill to be entitled an Act to amend the Constitution of this State, so as to provide for the retirement of Justices of the Supreme Court, and for other purposes.
On House Bill No. 47 and all amendments thereto, Mr. Rosser of \Valker moved the previous question.
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 as amended, was disagreed to, and the bill was therefore lost.
Mr. Mooty of Troup arose to a question of personal privilege and addressed the House.
By Messrs. Arnold and Wood of Clarke-
House Bill No. 315. A bill to be entitled an Act to repeal an Act approved August 12, 1931, entitled an Act to fix the number of days work required of each person subject to road duty in counties in this State having an organized chain-gang, and having a city of not less than seventeen thousand inhabitants, nor more than twentythree thousand inhabitants, according to the United States Census, and for other purposes.
Mr. lVIooty of Troup asked unanimous consent that further consideration of House Bill No. 315 be postponed
TuEsDAY, AuGusT 4, 1931.
941
until under a special order the House again considers general bills with local application, and the request was granted.
Under the regular order cf business, the following bills of the House were taken up for consideration, and read the third time:
By Messrs. Allen of Baldwin and Battle of Muscogee-
House Bill No. 3. A bill to be entitled an Act to authorize, empower, and direct the Governor to assign and set apart the rental of the Western and Atlantic Railroad for a period of ten years beginning January 1, 1936, as a special treasury fund; and to authorize, empower, and direct the Governor to draw warrants against said special fund and to discount and sell said warrants; and to provide for placing the proceeds arising from the sale of said warrants in the Treasury; and to provide for the expenditure of said proceeds, and for other purposes.
Mr. Battle of Muscogee asked unanimous consent that when the House was resolved into the Committee of the Whole House that it do so with instructions to dispense with the reading of House Bill No. 3 and the amendments thereto, which had already been read, and the request was granted.
The House resolved itself into the Committee of the Whole Huuse, and the Speaker designated Mr. Gillen of Bibb, the Speaker Pro Tern., as the chairman thereof.
The Committee of the 'Whole House arose, and through its chairman reported progress and asked leave to sit again.
Mr. Colson of Glynn moved that the House again resolve itself into the Committee of the Whole House with instructions to the committee to perfect and report House Bill No.3 without further debate, and the motion prevailed.
942
JouRNAL OF THE HousE,
The House resolved itself into the Committee of the Whole House, and the Speaker designated Mr. Gillen of Bibb, the Speaker ProTem., as the chairman thereof.
The Committee of the Whole House arose, and through its chairman reported House Bill No. 3 back to the House with the recommendation that the same do pass as amended.
On House Bill No. 3 and all amendments thereto, Mr. Colson of Glynn moved the previous question, and the motion prevailed.
Mr. Rosser of Walker moved that the House reconsider its action in ordering the previous question, and the motion was lost.
By unanimous consent, the following amendments were read and adopted:
Mr. Davis of Floyd moves to amend House Bill No. 3 by adding after the words pro rata at the end of Section 3 the following: "Provided, that the State Superintendent of Schools is hereby directed and instructed to draw requisitions in favor of those schools in this State receiving aid from the Barrett-Rogers Fund, and he is hereby instructed to pay all money due these schools for the years 1928 and 1929 from the money prorated to the common schools under the provisions of this bill. The balance of the money pro rated to the common schools shall be prorated among the several counties of the State as now. provided by law."
Messrs. Allen of Baldwin and Battle of Muscogee move to amend House Bill No. 3, known as the Western and Atlantic Rental Discount Bill, as follows:
By striking from the caption and from Section 1 of said bill the following words: "For a period of ten years beginning January 1, 1938," and substituting in lieu thereof the following: ..For a period of five years beginning January 1, 1936."
TuEsDAY, AucusT 4, 1931.
943
The following substitute to House Bill No. 3 offered by Mr. Park of Bibb was 'read:
Mr. Park of Bibb moves to substitute for House Bill No. 3 the following:
A BILL
To be entitled an Act to provide for the transfer to a special fund of $2,000,000.00 from the pro rata part of the tax on motor fuels now allocated to the Highway Board and to appropriate the same to the payment pro rata of the unpaid appropriation for the years 1928 and 1929 and 1931 and 1932 and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia and hereby enacted by the authority of the same: That from the pro rata part of the tax on motor fuels now allocated to the Highway Board the sum of $2,000,000.00 be set apart as a special fund in the treasury of the State to be used for the payment pro rata of the unpaid appropriations made by the General Assembly for the years 1928 and 1929 and ye.ars 1930 and 1931, and the same is hereby appropriated for that purpose to be paid on warrants drawn by the Governor on the said special fund created in the manner provided by law.
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.
On the adoption of the amendment offered by Mr. Park of Bibb, Mr. Jones of Burke moved the ayes and nays, and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Andrews Arrington Bargeron
Bennett of Bacon Brown Bush
Carlisle of Bibb Chambers CUllens
944
JouRNAL OF THE HousE,
Culpepper of Fayette Lanham
Dixon
Lanier
Evans
Leathers
Fraser
Lester
Gary
Lewis of Gordon
Graham
McRae
Harris
Mallard
Harrison of Jenkins Mercer
Hodges
Montgomery
Holt
Moye
Horne
Osteen
Hyman
Park
Jones of Burke
Paulk
Jones of Paulding Preston
Killebrew
Purdy
King of Clay
Purvis
King of Newton
Ross of Appling Seckinger Sharpe Sims Skelton Strickland of Douglas Strickland of Haralson Sutton Taylor Townsend Waldrop Walker of Ben Hill Walker of Morgan Walker of Screven Whittle Wilson
Those voting m the negative were Messrs.:
Adams Alexander Allen Almand Arnold Ashley Atwood Awtrey Barrett Battle Beaman Bean Bland Brannen Brunson Bunn Burton Cannon Carlisle of Grady Cartledge Chalker Childs Clark Clements of Marion Cochran Collier
Colson Courson Cozart Crawford Crowe CulP.epper of Echols Davis of Floyd Davis of Jackson Davis of Mitchell Davis of Troup Donaldson Dorsett Duncan Eckford Edmondson Edwards of Stephens Elliott Fagan Franklin Gillen Grayson Green Greer Griffeth Griffin of Decatur Griffin of Wilkes
Gullatt Hardin Hatcher Hawes Howard of Chatt'h'chee Hubbard of Habersham Hubbard of Wilkinson Huddleston Hutcheson Irvin James Johnson of Montgomery Johnson of Seminole Johnston Kennedy Key
Kimbrough Kimsey Lance Lewis of Hancock Lindsay Lord McElreath McGehee McKoy McLeod
TuEsDAY, AuGUST 4, 1931.
94;)
McWhorter Mardre Mattox Meredith Mixon Mooty Morris Mundy Myrick Nelson of Cook Nelson of Laurens Oliver Parham Patten Phillips Pittard
Pope Rabun Rivers Robertson Ross of Dodge Rosser Sa=on Scarbrough Shirley
Si=ons Sisk Spivey
Still Stone Swain
Tate Thomas Thomoson Thompson Tippins Trapnell Trotter Turner Walker of Brooks Weeks Westbrook Wilkes Williams Wood Yawn
Those not voting were Messrs.:
Beasley Bennett of Jeff Davis Cain Clements of Telfair Cowart Dykes Edwards of Gilmer Edwards of Lowndes Freeman
Hampton Harrison of Camden Howard of Long Johnson of Pike Jones of Lumpkin Logan Maynard Musgrove
Pace Peebles Powell Roberts Stanton Stewart Wall Mr. Speaker
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the substitute, the ayes were o8,
nays 124, and the substitute was lost.
The main question was ordered on House Bill No. 3.
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:
Those voting in the affirmative were Messrs.:
Adams Alexander
Allen Almand
Andrews Ashley
946
JouRNAL OF THE HousE,
Atwood Awtrey Barrett Battle Beaman Bean Bland Brannen Brunson Bunn Burton Cannon Carlisle of Bibb Carlisle of Grady Cartledge Chalker Chambers Childs Clark Cochran Collier Colson Courson Cozart Crawford Crowe Cullens Culpepper of Echols Davis of Floyd Davis of Jackson Davis of Mitchell Dixon Donaldson Dorsett Duncan Eckford Edmondson Edwards of Stephens Elliott Fagan Franklin Gary Gillen Grayson
Green
Mundy
Griffeth
Myrick
Griffin of Wilkes
NelsoiJ, of Cook
Gullatt
Nelson of Laurem
Hardin
Oliver
Harrison of Camden Parham
Hatcher
Patten
Hawes
Phillips
Howard of Chatt'h'chee Pope
Hubbard of Habersham Preston
Hubbard of Wilkinson Purdy
Huddleston
Rabun
Hutcheson
Rivers
Irvin
Robertson
James
Ross 9f Dodge
Johnson of Montgomery Rosser
Johnson of Seminole S::t.mmon
Johnston
Sc:ubrough
Kennedy
Shirley
Key
Simmons
Kimbrough
Skelton
Kimsey
Spivey
King of Clay
Still
King of Newton
Strickland of Har
Lance
Swain
Lanham
Tate
Lester
Thomas
Lewis of Gordon
Thomoson
Lewis of Hancock
Thompson
Lindsay
Tippins
Lord
Townsend
McElreath
Trapnell
McGehee
Trotter
McKoy
Turner
McLeod
Waldrop
McWhorter
Walker of Brooks
Mallard
Wall
Mardre
Weeks
Meredith
Westbrook
Mixon
Wilkes
Montgomery
Williams
Mooty
Wood
Morris
Yawn
TuEsDAY, AuGusT 4, 1931.
947
Those voting in the negative were Messrs.:
Amold Arrington Bargeron Bennett of Bacon Brown Clements of Marion Culpepper of Fayette Davis of Troup Evans Fraser Graham Greer Harris Harrison of Jenkins Hodges Holt
Horne Hyman Jones of Burke Jones of Paulding Killebrew Lanier Leathers McRae Mattox Mercer Moye Osteen Park PaUlk Pittard
Purvis Ross of Appling Seckinger Sharpe
Sims Sisk Stewart Strickland of Douglas Sutton Taylor Walker of Ben Hill Walker of Morgan Walker of Screven Whittle Wilson
Those not voting were Messrs.:
Beasley
Freeman
Bennett of Jeff Davis Griffin of Decatur
Bush
Hampton
Cain
Howard of Long
Clements of Telfair Johnson of Pike
Cowart
Jones of Lumpkin
Dykes
Logan
Edwards of Gilmer Maynard
Edwards of Lowndes
Musgrove Pace Peebles Powell Roberts Stanton Stone Mr. Speaker
By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill as amended, the ayes were 136, nays 46.
The bill having received the requisite constitutional majority was passed as amended.
Mr. Allen of Baldwin asked unanimous consent that House Bill No. 3 as amended be immediately transmitted to the Senate, and the request was granted.
Privileges of the floor were granted to Mrs. George F. (Johnson) Norton, and Miss Betty Norton of Jackson County, and Hon. W. A. Abercrombie of Clarke County.
948
JouRNAL o:r THB House,
Mr. Thomu of Wayne moved that the House do now adjourn, and the motion prevailed.
Leave of absence was granted to Messrs. Huddleston of Meriwether and Robertson of Dawson.
The Speaker announced the House adjourned until tomorrow morning, at 9:00 o'clock.
WEDNESDAY, AUGUST 5, 1931.
949
REP&BsEnA.nvx HALL, ATLANTA, GA.,
WEDNEsDAY, AucusT 5, 1931.
The House met pursuant to adjournment this1day 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
Chambers
Alexander
Childs
Allen
Clark
Almand
Clements of Marion
Andrews
Clements of Telfair
Arnold
Cochran
Arrington
Collier
Ashley
Colson
Atwood
Courson
Awtrey
Cowart
Bargeron
Cozart
Barrett
Crawford
Battle
Crowe
Beaman
Cullens
Bean
Culpepper of Echols
Bea.slu
Culpepper of FaYette
Bennett of Bacon
Davis of Floyd
Bennett of Jeff Davis Davis of Jackson
Bland
Davis of Mitchell
Brannen
Davis of Troup
Brown
Dixon
Brunson
. Bunn Burton
Donaldson Dorsett Duncan
Bush
Dykes
Cain
Eckford
Cannon
Edmondson
Carlisle of Bibb
Edwards of Gilmer
Cariisle of GradY
Edwards of Stephens
Cartledge
Elliott
Chalker
Evans
Fagan ll'ranklln ll'raser ll'reeman Gary
Wllen Graham Grayson
Green Greer Griffeth Griffin of Decatur Griffin of Wilkes Gullatt Hampton Hardin Harris Harrison of Camden Harrison of Jenkins Hatcher Hawes Hodges Holt Horne Howard of Chatt'h'chee Howard of LOng Hubbard of Habersham Hubbard of Wilkinson Huddlestcn Hutcheson
:mrma.n
950
JouRNAL oF THE HousE,
J'ames
Montgomery
J'ohnson of MO~tgomery Mooty
J'ohnson of Pike
Morris
J'ohnson of Seminole MoJ'e
.Johnston
Mundy
J'ones of Burke
M11S&Iove
J'ones of Lumpkin MYrick
J'ones of Paulding Nelson of Oook
Kennedy
Nelson of Laurens
lbJ'
Oliver
lt:illebrew
Osteen
}(Unbro~
Pace
}(Unsey
Parham
~ofO!u
Pmk
King of Newton
Patten
Lance
Paulk
Lanham
Peebles
Lanier
Phillips
Leathers
PittEd
Lester
Pope
Lewisof~on
~
Lewis of Hancock
Preston
Lindsay
Purdy
Logan
Purvis
Lord
Rabun
McElreath
Rivers
McGehee
Roberts
McKoy
Robertson
McLeod
Ross of Appling
McRae
Ross Of DOdp
McWhorter
Rosser
Mallmd
Sammon
Mardre
Scmbrough
:Mattox
Seckinger
:Maynard
Sharpe
Mercer
Shirley
Meredith
Simmons
Sims Sisk Skelton
Spi'VU
Stanton Stewart
Still Stone Strickland of Douglas Strickland of Ilaralson
Sutton Swain Tate Tu!or
Thomas Thomoson Thompson Tippins Townsend Trapnell
Trotter Turner Waldrop Walker of BenBill Walker of Brooks Walker of Morgan Walker of Screven Wall Week& Westbrook
Whittle Wilkes Williams Wilson Wood Yawn Mr. Speaker
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Spetiker:
The Senate has passed by the requiSite constitutional majority the following bills of the Senate, to-wit:
WEDNESDAY, AucusT 5, 1931.
951
By Messrs. Duckworth of" the 7th District, Harris of the 18th District, and Hand of the 8th District-
Senate Bill No. 126. A bill to be entitled an Act to provide for monthly budgets by heads of Departments, Bureaus, Boards or Institutions before expenditure of any sum by respective Department, Board, Bureau or Institution, and for other purposes.
The Senate has concurred in amendment to the following bill of the Senate, to-wit:
By Mr. Hand of the 8th District-
Senate Bill No. 73. A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Mitchell County, Georgia; to create the office of Tax Commissioner for said County; to fix the term and compensation of said officer; and for other purposes.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the reqms1te constitutional majority the following bills of the House, to-wit:
By Mr. Beasley of Tattnall-
House Bill No. 108. A bill to amend an Act excluding road duties in certain counties, and for other purposes.
By Mr. James of Jones-
House Bill No. 124. A bill providing that the Alternative Road Law shall not apply to certain counties, and for other purposes.
952
JouRNAL oF THE HousE,
By Mr. Dixon of Pierce-
House Bill No. 295. A bill to provide that the Alternative Four Days Road Law shall not be operative in certain counties, and for other purposes.
By Mr. Hubbard of Wilkinson-
House Bill No. 318. A bill to be entitled an Act to establish the City Court of Irwinton, in and for the County of Wilkinson, and for other purposes.
By Mr. Hubbard of Wilkinson-
House Bill No. 319. A bill to be entitled an Act to abolish the County Court of Wilkinson County; to dispose of the business pending therein, and for other purposes.
The following message was received from the Senate through Mr. Boifeuillet, 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. Tippins of Evans-
House Bill No. 265. A bill to abolish the offices of Tax Receiver and Tax Collector of Evans County.
By Mr. Johnson of PikeHouse Bill No. 346. A bill to amend an Act to create a
charter for the City of Zebulon.
By Mr. Thompson of BarrowHouse Bill No. 351. A bill to amend an Act establish-
ing a new charter for the City of Winder.
\VEDNESDAY, AUGUST 5, 1931.
953
By Mr. Moye of Randolph-
House Bill No. 375. A bill to amend an Act incorporating the Town of Carnegie.
By Messrs. Eckford and McRae of Fulton-
House Bill No. 439. A bill to amend an Act creating a new charter for the City of East Point.
By Messrs. Eckford and McRae of Fulton-
House Bill No. 440. A bill to amend an Act creating a new charter for the City of East Point.
By Mr. McWhorter of the 50th District-
Senate Bill No. 99. A bill to make recitals m conveyances and transfers executed under power of sale in security deeds, etc., prima facie evidence as to compliance with terms of such powers.
By Mr. Harris of the 18th District-
Senate Bill No. 103. A bill to permit a person to file an application to have his or her disabilities removed to marry agam.
By Messrs. McWhorter of the 50th District and Jones of the 51st District-
Senate Bill No. 118. A bill to enforce parental support.
By Mr. Weekes of the 34th District-
Senate Bill No. 119. A bill to prescribe a period of limit within which to institute actions for the recovery of charges on intrastate shipments.
By Mr. Dekle of the 6th District-
Senate Bill No. 125. A bill to amend an Act creating City Court of Valdosta.
954
JouRNAL oF THE HousE,
By Messrs. Pruett of the 32nd District, McWhorter of the 50th District, and others-
Senate Bill No. 134. A bill to regulate party organization of any political party in this State whose presidential electors at the last preceding election received less than 100,000 votes.
By Mr. West of the 11th District-
Senate Bill No. 135. A bill to abolish fee system of the Pataula Judicial Circuit.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr". Speaker:
The Senate has passed as amended by the requisite constitutional majority the following bills of the House, to-wit:
By Mr. Paulk of Turner-
House Bill No. 284. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Turner County.
Mr. Hardin of Whitfield, 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.
WEDNESDAY, AuGusT 5, 1931.
955
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.
5. First reading of Senate bills and resolutions.
By unanimous consent, the following bill of the House was withdrawn from the Committee on Municipal Government, read the second time, and recommitted:
By Mr. Stewart of CoffeeHouse Bill No. 499. A bill to be entitled an Act to
amend the charter of Douglas, and for other purposes.
Mr. Chalker of Pulaski asked unanimous consent that 300 copies of House Bill No. 67 be printed for the use of the House and Senate, and the request was granted.
Mr. Strickland of Haralson moved to take House Bill No. 36 from the table, and the motion prevailed.
By unanimous consent, the following bills and resolution of the House were read the first time and referred to the committees:
By Mr. Bush of MillerHouse Bill No. 542. A bill to repeal certain sections of
the Code relative to enumerating the persons subject to road duty in Georgia, and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Crawford, Davis, and Lanham of Floyd-
House Bill No. 543. A bill to amend the Constitution providing that the City of Rome may issue and sell bonds under certain conditions, and for other purposes.
Referred to Committee on Amendments to the Constitution.
956
JouRNAL oF THE HousE,
By Messrs. Gillen and Carlisle of Bibb-
House Bill No. 544. A bill to prevent ineligibility of policemen and firemen by reason of affiliation with or membership in a religious, fraternal or labor organization, and for other purposes.
Referred to Committee on Labor and Labor Statistics.
By Mr. Hubbard of Habersham-
House Bill No. 545. A bill to amend the Code by reducing fees for motor vehicles, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Mallard of CharltonHouse Bill No. 546. A bill to amend the Code enumerat-
ing the persons subject to road duty, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Eckford of Fulton-
House Bill No. 547. A bill to provide for the nomination and election of members of Boards of Commissioners of Roads and Revenues in certain counties, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Park of Bibb-
House Bill No. 548. A bill to amend an Act creating the Municipal Court in the City of Macon, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Park of BibbHouse Bill No. 549. A bill to amend an Act creating the
City Court of Macon, and for other purposes.
Referred to Committee on Counties and County Matters.
WEDNESDAY, AUGUST 5, 1931.
957
By Mr. Park of Bibb-
House Bill No. 550. A bill to regulate the salaries of Special Criminal Bailiff of the Solicitor-General in certain counties, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Park of Bibb-
House Bill No. 551. A bill to amend an Act abolishing a system of the office of the Solicitor-General in the Superior Courts of the Macon Judicial Circuit, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Park of Bibb-
House Bill No. 552. A bill to repeal an Act providing for special bailiff of Solicitor-General in counties of a certain size, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Park of Bibb-
House Bill No. 553. A bill to regulate salaries of stenographic reporters of all Judicial Circuits having a county of a certain size, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Mixon of Irwin-
House Bill No. 554. A bill to amend the Code relative to service of notices by County Board of Registrars to voters by U. S. mail, and for other purposes.
Referred to Committee on General Judiciary No. 2.
938
JouRNAL OF THE HousE,
By Messrs. Mardre and Cochran of Thomas-
House Bill No. 555. A bill to repeal an Act establishing a system of public schools in the Town of Boston, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Oliver and Lance of Hall-
House Resolution No. 85-554a. A resolution authorizing the State Librarian to furnish certain volumes to Hall County, and for other purposes.
Referred to Committee on Public Library.
Mr. Andrews of Crawford 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 House and has instructed me, as chairman, to report the same back tO the House with the recommendation that:
House Bill No. 501 do pass.
House Bill No. 490 do pass by substitute. House Bill No. 522 do pass.
Respectfully submitted, ANDREWS of Crawford,
Chairman.
Mr. Johnson of Seminole County, Chairman of the Committee on General Agriculture No. 1, submitted the following report:
WEDNESDAY, AucusT 5, 1931.
959
Mr. Speaker:
Your Committee on General Agriculture No. 1 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:
House Bill No. 38 do pass.
House Bill No. 196 do pass by substitute.
House Bill No. 526 do pass.
Respectfully submitted,
JOHNSON of Seminole, Chairman.
Mr. Lewis of Hancock 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 and resolutions of the House and Senate and has instructed me, as chairman, to report the same back to the House with the recommendation that:
Senate Bill No. 1 do pass as amended.
House Bill No. 422 do pass.
House Bill No. 185 do not pass.
House Bill No. 184 do not pass.
House Bill No. 354 do pass.
House Bill No. 461 do pass.
House Bill No. 479 do not pass.
House Resolution No. 65-472a. do pass.
960
JOURNAL OF THE HousE,
Senate Bill No. 62 do pass. House Resolution No. 76-530c do pass. House Resolution No. 75-530b do pass.
Respectfully submitted, LEWIS of Hancock, Chairman.
Mr. Stone of Early County, Vice-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 and resolutions of the House and Senate and has instructed me, as vice-chairman, to report the same back to the House with the recommendation that:
House Bill No. 366 do pass as amended. House Bill No. 519 do pass. House Resolution No. 78-530e do pass. House Bill No. 297 do pass. House Bill No. 472 do pass. House Bill No. 425 do pass. House Resolution No. 77-530d do pass. House Resolution No. 71-496b do pass. Senate Bill No. 36 do pass.
Respectfully submitted, STONE of Early, Vice-Chairman.
\VEDNESDAY, AUGUST 5, 1931.
961
Mr. Still of Fulton County, Chairman of the Committee on Labor and Labor Statistics, submitted the following report:
Mr. Speaker:
Your Committee on Labor and Labor Statistics 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 that:
House Bill No. 118 do pass by substitute.
Senate Bill No. 27 do pass as amended.
Respectfully submitted,
STILL of Fulton,
Chairman.
Mr. Trotter of Taliaferro 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 Senate and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 533 do pass.
House Bill No. 485 do pass.
House Bill No. 530 do pass.
House Bill No. 529 do pass.
Senate Bill No. 68 do pass as amended.
Respectfully submitted, TROTTER of Taliaferro, Chairman.
962
JouRNAL OF THE HousE,
Mr. Beasley of Tattnall 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 and resolution of the House and Senate and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 29 do pass by substitute.
Senate Bill No. 21 do pass.
Senate Bill No. 34 do pass.
House Resolution No. 70-496a do pass.
Respectfully submitted,
BEASLEY of Tattnall,
Chairman.
Mr. Tippins of Evans County, Chairman of the Committee on Railroads, submitted the following report:
Mr. Speaker:
Your Committee on Railroads 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:
House Bill No. 72 do not pass. House Bill No. 395 do not pass.
Respectfully submitted, TIPPINS of Evans, Chairman.
WEDNESDAY, AucusT 5, 1931.
963
Mr. Collier of Madison County, Chairman of the Committee on State of the Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of the Republic 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:
House Resolution No. 73 do pass.
House Resolution No. 72 do pass.
Respectfully submitted,
CoLLIER of Madison,
Chairman.
Mr. Davis of Mitchell 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:
House Bill No. 531 do pass. Respectfully submitted, DAvis of Mitchell, Chairman.
By unanimous consent, the following bills and resolutions of the House, favorably reported, were read the second time:
964
JouRNAL OF THE HousE,
By Messrs. Crawford, Davis, and Lanham of Floyd-
House Bill No. 29. A bill authorizing the Highway Board to create a State Highway Patrol, and for other purposes.
By Mr. Key of Jasper-
House Bill No. 38. A bill to repeal an Act regulating the grading and marking of peaches and apples in closed packages, and for other purposes.
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 118. A bill to amend an Act limiting the hours of labor in woolen and cotton manufacturing establishments, and for other purposes.
By Mr. Huddleston of MeriwetherHause Bill No. 196. A bill to repeal the Dairy Act of
1929, and for other purposes.
By Mr. Skelton of HartHouse Bill No. 297. A bill requiring certain courts to
pass upon all assignments of error in bill of exception, and for other purposes.
By Mr. Ross of DodgeHouse Bill No. 354. A bill providing that a county pay
court costs in certain cases, and for other purposes.
By Messrs. Carlisle of Bibb, Mundy of Clayton, and Jones of Burke-
House Bill No. 366. A bill fixing the right, title, or interest of third persons who have acquired any right, title, or interest in property covered by a deed, and for other purposes.
\VEDNESDAY, AUGUST 5, 1931.
965
By Messrs. Alexander and Grayson of Chatham-
House Bill No. 422. A bill to provide that certain legal papers may be witnessed, attested, acknowledged, and probated, within and without the State of Georgia, and for other purposes.
By Mr. Davis of Mitchell-
House Bill No. 425. A bill to revise the laws of the State with reference to commitments to the Georgia State Sanitarium, and for other purposes.
By Mr. Arnold of Clarke-
House Bill No. 461. A bill to require all persons, firms, etc., who operate vehicles on the public highways to carry indemnity insurance, and for other purposes.
By Mr. Carlisle of Bibb-
House Bill No. 472. A bill to regulate the recording of maps, and for other purposes.
By Messrs. Battle, Meredith, and Roberts of Muscogee-
House Bill No. 485. A bill to ratify and confirm the sale of a certain tract of land by the City of Columbus, and for other purposes.
By Mr. Stone of Early-
House Bill No. 490. A bill to repeal an Act creating the City Court of Blakely, and for other purposes.
By Mr. Bush of Miller-
House Bill No. 501. A bill to abolish the office of Treasurer of Miller County, and for other purposes.
966
JouRNAL OF THE HousE,
By Mr. Greer of Macon-
House Bill No. 519. A bill to amend the Code relative to county advertisements in the newspapers of certain counties, and for other purposes.
By Mr. Bennett of Bacon-
House Bill No. 522. A bill to vest in tax collectors of certain counties all the powers of sheriffs relative to the collection of tax fi. fas., and for other purposes.
By Messrs. Nelson of Cook, Thomas ofWayne, and others-
House Bill No. 526. A bill to reduce the tax on cigars and cigarettes, and for other purposes.
By Mr. Harrison of Camden-
House Bill No. 529. A bill to amend an Act incorporating the City of Kingsland, and for other purposes.
By Mr. Johnson of Seminole-
House Bill No. 530. A bill to amend an Act creating a new charter for the Town of Donaldsonville, and for other purposes.
By Mr. Key of Jasper and others-
House Bill No. 531. A bill to amend the Fuel Tax Act, and for other purposes.
By Mr. Trotter of Taliaferro-
Hause Bill No. 533. A bill to amend the charter of the Town of Crawfordville, and for other purposes.
By Mr. Mundy of ClaytonHouse Resolution No. 65-472a. A resolution to relieve
WEDNESDAY, AucusT 5, 1931.
967
Seth Adams, Mrs. Ora Adams, and the estate of M. T. J. Long as sureties, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Messrs. Brannen and Donaldson of Bulloch-
Hause Resolution No. 7G-496a. A resolution authorizing the Highway Department to pave certain roads, and for other purposes.
Referred to Committee on Public Highways.
By Messrs. Battle, Meredith, and Roberts of Muscogee-
House Resolution No. 71-496b. A resolution to relieve D. A. Andrews and Louis Simmons as sureties, and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Mr. Lewis of Hancock-
House Resolution No. 72-505a. A resolution authorizing lOth District A. & M. School to deed land, and for other purposes.
Referred to Committee on State of the Republic.
By Mr. McRae of Fulton-
House Resolution No. 73-515a. A resolution to authorize the repayment of a bond forfeiture to S. M. Davis, surety, and for other purposes.
Referred to Committee on State of the Republic.
By Messrs. Mooty and Davis of Troup-
House Resolution No. 75-530b. A resolution to relieve T. P. Haralson and B. F. Harrell on appearance bond, and for other purposes.
Referred to Committee on General Judiciary No. 1.
968
JouRNAL oF THE HousE,
By Messrs. Davis and Mooty of TroupHouse Resolution No. 76-530c. A resolution to relieve
W. H. Calley on appearance bond, and for other purposes. Referred to Committee on General Judiciary No. 1.
By Mr. Carlisle of BibbHouse Resolution No. 77-530d. A resolution to relieve
0. H. Booker from bond, and for other purposes. Referred to Committee on General Judiciary No. 2.
By Mr. Carlisle of BibbHouse Resolution No. 78-530e. A resolution to relieve
H. B. Bloodworth from bond forfeiture, and for other purposes.
Referred to Committee on General Judiciary No. 2.
By unanimous consent, the following bills and resolutions of the Senate, favorably reported, were read the second time:
By Mr. Neill of the 24th DistrictSenate Bill No. 1. A bill to provide for nominations by
political parties or organizations in this State of candidates for National, State, and County Offices, and for other purposes.
By Mr. Stark of the 43rd DistrictSenate Bill No. 21. A bill to amend an Act reorganizing
the State Highway Department, and for other purposes.
By Messrs. Bennett of the 5th District and Harris of the 18th District-
Senate Bill No. 27. A bill to amend the Georgia Workmen's Compensation Act, and for other purposes.
By Mr. Richardson of the lOth DistrictSenate Resolution No. 34. A resolution to authorize the
State Highway Department to pave old Blue Springs Road in Dougherty County, and for other purposes.
WEDNESDAY, AuausT 5, 1931.
969
By Mr. Reagan of the 35th District-
Senate Bill No. 36. A bill to amend the Code relative to the term of office of county judges, and for other purposes.
By Mr. Watson of the 3rd District-
Senate Bill No. 62. A bill to abolish the common-law rule, and for other purposes.
By Mr. Williams of the 27th District-
Senate Bill No. 68. A bill to provide a charter for the City of Monroe.
Referred to Committee on Municipal Government.
By unanimous consent, the following bills of the House were read the third time and placed upon their passage:
By Mr. Edwards of Stephens-
House Bill No. 481. A bill to be entitled an Act to amend the charter of the City of Toccoa, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 122, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Greer of Macon-
House Bill No. 496. A bill to be entitled an Act to amend an Act incorporating the Town of Ideal, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
970
JouRNAL OF THE HousE,
On the passage of the bill, the ayes were 123, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Brown of Greene-
House Bill No. 502. A bill to be entitled an Act to amend the charter of the City of Union Point, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 124, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 506. A bill to be entitled an Act to amend an Act creating a charter for the City of Augusta, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 125, 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 the committees:
By l\Ir. McvVhorter of the 50th District-
Senate Bill No. 99. A bill to make recitals in conveyances and transfers executed under powers of sale in security deeds, trust deeds, and mortgages, conditional sale or retention of title contracts and bills of sale to secure debt
WEDNESDAY, AuousT 5, 1931.
971
prima facie evidence as to compliance with terms of such power.
Referred to Committee on General Judiciary No.2.
By Mr. Harris of the 18th District-
Senate Bill No. 103. A bill to permit a person to file an application to have his or her disabilities removed to marry again, and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Messrs. McWhorter of the 50th District and Jones of the 51st District-
Senate Bill No. 118. A bill to enforce parental support, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Weekes of the 34th District-
Senate Bill No. 119. A bill to prescribe a period of limits within which to institute actions for the recovery of charges on intrastate shipments carriers, and for other purposes.
Referred to Committee on Railroads.
By Mr. Dekle of the 6th District-
Senate Bill No. 125. A bill to amend an Act creating the City Court of Valdosta, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Pruett of the 32nd District and others-
Senate Bill No. 134. A bill regulating party orgamzation in this State, and for other purposes.
Referred to Committee on Special Judiciary.
972
JouRNAL OF THE HousE,
By Mr. West of the 11th District-
Senate Bill No. 135. A bill to abolish the fee system in the Superior Courts of the Pataula Judicial Circuit, and for other purposes.
Referred to Committee on Counties and County Matters.
The following resolution of the House was taken from the table, read the second time, and adopted:
By Messrs. Tucker of Berrien, Johnson of Seminole, Arnold of Clarke, and Nelson of Cook-
House Resolution No. 83. A resolution that Hon. A. B. Mobley, as Superintendent of Banks of the State of Georgia, be required to furnish to this body the information called for in House Resolution No. 9 by not later than August 10, and for other purposes.
The following resolution of the House was taken from the table and read the second time:
By Mr. Myrick of Chatham-
House Resolution No. 81. A resolution providing for the appointment of a committee of fifteen members to report to the General Assembly of 1933 upon the question of consolidation of the various counties of the State, and for other purposes.
On House Resolution No. 81, Mr. Rosser of \Valker moved the previous question.
Mr. Stanton of Ware moved to table House Resolution No. 81, and the motion prevailed, ayes 96, nays 45.
The following resolution of the House was taken from the table and read the second time:
WEDNESDAY, AUGUST 5, 1931.
973
By Mr. Lanier of Richmond-
House Resolution No. 84. A resolution that the Speaker of the House appoint a committee of five to confer with the Governor on the charges of misapplication of funds by State employees and with any other persons whomsoever, on this subject that the committee sees fit, and for other purposes.
The following amendment was read and adopted:
Messrs. Culpepper of Fayette and Lanier of Richmond move to ~mend House Resolution No. 84 by striking therefrom the words "by Mr. Culpepper of Fayette, Chairman of Appropriations.''
On House Resolution No. 84 as amended, Mr. Taylor of Washington moved the previous question.
Mr. Walker of Ben Hill moved to table House Resolution No. 84 as amended, and the motion was lost, ayes 47, nays 94.
The motion for the previous question prevailed, the main question was ordered, and the resolution was adopted as amended.
Under orders of the day, the following bill of the House was taken up for consideration:
By Messrs. Alexander, Grayson, and Myrick of Chatham-
House Bill No. 15. A bill to be entitled an Act to divide the State into ten Congressional Districts, and for other purposes.
Under House Rule No. 196, the following bill of the
Senate was taken up for consideration and read the third time:
974
JouRNAL OF THE HousE,
By Messrs. Bennett of the 5th District and Davis of the 31st District-
Senate Bill No. 92. A bill to be entitled an Act to reapportion the several Congressional Districts of this State, by abolishing the twelve districts created by the reapportionment act of 1911, and creating in lieu thereof ten Congressional Districts in this State, and for other purposes.
The following amendments were read and adopted:
Committee moves to amend Senate Bill No. 92 by striking the word Franklin County from the 9th District and inserting said Franklin County in the lOth District.
Committee moves to amend Senate Bill No. 92 by striking the name Telfair County from the 3rd District and inserting in lieu thereof the name of Ben Hill County and
. striking the name of Ben Hill County from the 8th Dis-
trict and inserting in lieu thereof the name of Telfair.
Committee moves to amend Senate Bill No. 92 by striking Rockdale from the 4th District and adding said county to the 5th District.
Committee moves to amend Senate Bill No. 92 by striking the words Taliaferro, warren, Morgan, and Greene in Section two, Sixth District; by adding the words Taliaferro, Warren, Morgan, and Greene to Section Two, Tenth District.
Committee moves to amend Senate Bill No. 92 by striking the words Jasper, Crawford, and Peach in Section Two, Fourth District; by adding the words Jasper, Crawford, and Peach to Section Two, Sixth District.
Committee moves to amend Senate Bill No. 92 by striking the word Houston in Section Two, Third District, and by adding the word Houston to Section Two, Sixth District.
Committee moves to amend Senate Bill No. 92 by striking Harris and Talbot Counties from the 3rd District and adding same to 4th District.
WEDNESDAY, AuausT 5, 1931.
975
Committee moves to amend Senate Bill No. 92 by taking Jefferson and Glascock Counties from the lOth District and placing said Jefferson and Glascock Counties in the Sixth District.
On Senate Bill No. 92 and all amendments thereto, Mr. Bland of Stewart moved the previous question.
Mr. Gullatt of Campbell moved that the House do now adjourn, and the motion was lost.
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 as amended, was agreed to.
On the passage of the bill as amended, the ayes were 140, nays 6.
The bill having received the requisite constitutional majority was passed as amended.
Mr. Beasley of Tattnall moved that Senate Bill No. 92 as amended, be immediately transmitted to the Senate, and the motion prevailed.
The bill was immediately transmitted to the Senate.
The Speaker appointed the following members of the House under House Resolution No. 8{ to constitute the committee on the part of the House to confer with the Governor on the charges of misapplication of funds by State employees and with any other person whomsoever, on this subject, that the committee sees fit, under the provisions of said resolution:
Messrs. Nelson of Cook, Chairman, Culpepper of Fayette, Lanier of Richmond, Myrick of Chatham, .McGehee of Talbot.
976
JouRNAL oF THE HousE,
Privileges of the floor were granted to Mrs. T. L. Lewis of Milton County, Mrs. M. J. Betts of Fulton County, Han. Chas. W. Worrill of Randolph County, Mr. B. G. McKenney of Upson County, JudgeR. M. Penland of Lanier County, Messrs. Brown, Richardson, and Autman of Terrell County, Han. Howard B. Payne of Elbert County, Han. J. W. Warren and Mrs. Warren and Mrs. A. C. Gilmore of Washington County, Han. U. T. Winslett and Han. LeRoy Hol-
comb of Bibb County, Han. J. S. Jones of Greene County,
Han. N. N. Hughes and Mr. Cleve Kelley of Berrien County.
Mr. Dykes of Dooly moved that the House do now adjourn, and the motion prevailed.
Leave of absence was granted to Mr. Almand of Walton.
The Speaker announced the House adjourned until tomorrow morning, at 9:00 o'clock.
THURSDAY, AUGUST 6, 1931.
977
REPRESENTATIVE HALL, ATLANTA, GA.,
THURSDAY, AUGUST 6, 1931.
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 Allen Almand Andrews Arnold Arrington Ashley Atwood Awtrey Bargeron Barrett Battle Beaman Bean Beasley Bennett of Bacon Bennett of Jeff Davis Bland Brannen Brown Brunson Bunn Burton Bush Cain Cannon Carlisle of Bibb Carlisle of Grady Cartledge Chalker
Chambers Childs Clark Clements of Marion Clements of Telfair Cochran Collier Colson Courson Cowart Cozart Crawford Crowe Cullens Culpepper of Echols Culpepper of Fayette Davis of Floyd Davis of Jackson Davis of Mitchell Davis of Troup Dixon Donaldson Dorsett Duncan Eckford Edmondson Edwards of Gilmer Edwards of Stephens Elliott Evans Fagan
Franklin Fraser Freeman Gary Gillen Graham Grayson Green Greer Griffeth Griffin of Decatur Griffin of Wilkes Gullatt Hampton Hardin Harris Harrison of Camden Harrison of Jenkins Hatcher Hawes Hodges Holt Horne Howard of Chatt'h'chee Howard of Long Hubbard of Habersham Hubbard of Wilkinson Huddleston Hutcheson Hyman Irvin
978
JouRNAL OF THE HousE,
James
Montgomery
Johnson of MontgomeryMooty
Johnson of Pike
Morris
Johnson of Seminole Moye
Johnston
Mundy
Jones of Burke
Musgrove
Jones of Lumpkin Myrick
Jones of Paulding Nelson of Cook
Kennedy
Nelson of Laurens
Ke:v
Oliver
Killebrew
Osteen
Kimbrough
Pace
Kimsey
Parham
King of Clay
Park
King of Newton
Patten
Lance
Paulk
Lanham
Peebles
Lanier
Phillips
Leathers
Pittard
Lester
Pope
Lewis of Gordon
Powell
Lewis of Hancock
Preston
Lindsay
Purdy
Logan
Purvis
Lord
Rabun
McElreath
Rivers
McGehee
Roberts
McKoy
Robertson
McLeod
Ross of Appling
McRae
Ross of Dodge
McWhorter
Rosser
Mallard
Sammon
Mardre
Scarbrough
Mattox
Seckinger
Mercer
Sharpe
Meredith
Shirley
Mixon
Simmons
Sims Sisk Skelton Spivey Stanton Stewart Still Stone Strickland of Douglas Strickland of Haralson Sutton Swain Tate Taylor Thomas Thomason Thompson Tippins Townsend Trapnell Trotter Turner Waldrop Walker of Ben Hill Walker of Brooks Walker of Morgan Walker of Screven Wall Weeks Westbrook Whittle Wilkes Williams Wilson Wood Yawn Mr. Speaker
The following message was received froin the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has concurred in the House amendment to the following bill of the Senate, to-wit:
THURSDAY, AUGUST 6, 1931.
979
By Mr. Watson of the 3rd District-
Senate Bill No. 10. A bill to abolish offices of County Game Wardens and appoint State Game Wardens.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the reqms1te constitutional majority the following bills of the House, to-wit:
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 386. A bill to amend an Act creating a Board of Commissioners of Roads and Revenue_s for the County of Richmond, and for other purposes.
By Mr. Parham of Heard-
House Bill No. 412. A bill to be entitled An Act to amend the Acts of 1884 and 1885, page 441, et seq., and the Acts amendatory thereof relative to the Board of Commissioners of Roads and Revenues of Heard County, so as to create five Commissioner Districts, and for other purposes.
By Messrs. Bargeron and Jones of Burke--
House Bill No. 415. A bill to be entitled an Act to repeal Section 1, providing for the selection of the Board of Commissioners of Roads and Revenues of Burke County, by the grand jury of said county; to provide that said Commissioners shall be elected by the qualified voters of said county, and for other purposes.
By Mr. Skelton of Hart-
House Bill No. 433. A hill to be entitled an Act to amend an Act approved August 2, 1918, entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Hart, and for other purposes.
980
JouRNAL OF THE HousE,
By Mr. Patten of Lanier-
Hause Bill No. 464. A bill to be entitled an Act to abolish the office of County Surveyor of Lanier County, and for other purposes.
By Messrs. Sutton and Mattox of Colquitt-
House Bill No. 457. A bill to create the City Court of Colquitt County, and for other purposes.
Mr. Hardin of Whitfield, Chairman of the Committee on Journals, reported that the Journal had been read and found correct.
By unanimous consent, the reading of the Jour~al 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.
5. First reading of Senate bills and resolutions.
Mr. Mooty of Troup asked unanimous consent that Senate Bill No. 134 be withdrawn from the Committee on Special Judiciary and recommitted to the Committee on General Judiciary No. 1, and the request was granted.
By unanimous consent, 300 copies of Senate Bill No. 52 were ordered printed for the use of the House and Senate.
THURSDAY, AucusT 6, 1931.
981
Mr. Lindsay of DeKalb arose to a question of personal privilege and addressed the House.
By unanimous consent, 300 copies of Senate Bill No. 1 were ordered to be printed for the use of the House and Senate.
By unanimous consent, the following bills and resolution of the House were read the first time and referred to the committees:
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 556. A bill to amend an Act amending the charter of the City of Augusta, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Eckford of Fulton-
House Bill No. 557. A bill establishing a new charter for the City of Atlanta, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Adams of Towns-
House Bill No. 558. A bill to impose charges on those who pursue the business of operating motor vehicles on the public highways for the carrying of passengers, and for other purposes.
Referred to Committee on Ways and Means.
By Mr. McGehee of Talbot-
House Bill No. 559. A bill to prohibit the employment in any of the State Departments of any member of the General Assembly or of any person related within the fifth degree by blood or marriage to the head of any State Department, and for other purposes.
Referred to Committee on General Judiciary No. 1.
982
JouRNAL OF THE HousE,
By Mr. Morris of Atkinson-
House Bill No. 560. A bill to amend an Act creating a new charter for the Town of Willacoochee, and for other purposes.
Referred to Committee on Muncipal Government.
By Mr. Musgrove of Clinch-
House Bill No. 561. A bill to change the name of the Town of Homerville to the City of Homerville, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Griffeth of Oconee-
House Bill No. 562. A bill to incorporate the Town of Bogart, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Crawford and Lanham of Floyd-
House Bill No. 563. A bill to amend an Act creating a new charter for the City of Rome, and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Beaman, Leathers, and Lindsay of DeKalb, and Eckford of Fulton-
House Bill No. 564. A bill to create a State Memorial Commission, and for other purposes.
Referred to committee on State of the Republic.
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 565. A bill to amend the charter of the City of Augusta, and for other purposes.
Referred to Committee on Municipal Government.
THURSDAY, AucusT 6, 1~31.
983
By Messrs. Alexander, Grayson, and Myrick of Chatham-
House Bill No. 566. A bill to provide for the granting of certain marsh lands in the Savannah River to the Mayor and Aldermen of Savannah, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Beaman, Leathers, and Lindsay of DeKalb, and McRae of Fulton-
House Bill No. 567. A bill to amend an Act establishing a new charter for the City of Atlanta, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Freeman of Monroe-
House Resolution No. 86-567a. A resolution to authorize the trustees of the A. & M. School at Forsyth to sell certain property now abandoned for school purposes, and for other purposes.
Referred to Committee on University of Georgia and Its Branches.
By Mr. Lewis of Hancock and Thomas of Wayne-
House Bill No. 568. A bill to amend an Act reorganizing the military forces in this State, and for other purposes.
Referred to Committee on Military Affairs.
By Mr. Cain of Crisp-
House Bill No. 569. A bill to amend an Act creating a new charter for the Town of Arabi, and for other purposes.
Referred to Committee on Municipal Government.
Mr. Rosser of Walker County, Chairman of the Committee on Amendments to the Constitution, submitted the following report:
984
JOURNAL OF THE HousE,
Mr. Speaker:
Your Committee on Amendments to the Constitution 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 that:
House Bill No. 543 do pass.
Senate Bill No. 52 do pass by substitute.
Respectfully submitted,
RossER of Walker,
Chairman.
Mr. Hubbard of Wilkinson, Chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker:
Your Committee on Enrollment has examined, found properly enrolled, signed, and ready for delivery to the Governor, the following Acts, to-wit:
House Bill No. 19. An Act to appropriate $3,000.00 to provide free tuition for children of soldiers of the World War.
House Bill No. 457. An Act to create the City Court of Moultrie.
Respectfully submitted,
HuBBARD of Wilkinson,
Chairman.
Mr. Still of Fulton County, Chairman of the Committee on Labor and Labor Statistics, submitted the following report:
THURSDAY, AUGUST 6, 1931.
985
Mr. Speaker:
Your Committee on Labor and Labor Statistics 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:
House Bill No. 544 do pass.
Respectfully submitted,
STILL of Fulton,
Chairman.
Mr. Trotter of Taliaferro 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 Senate and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 518 do pass.
House Bill No. 499 do pass.
House Bill No. 455 do pass.
House Bill No. 503 do pass.
House Bip No. 536 do pass.
Senate Bill No. 115 do pass.
Respectfully submitted,
TRoTTER of Taliaferro,
Chairman.
Mr. Franklin of Butts County, Chairman of the Committee on Training Schools, submitted the following report:
986
JouRNAL oF THE HousE,
Mr. Speaker:
Your Committee on Training Schools 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:
Senate Bill No. 110 do pass.
Respectfully submitted,
FRANKLIN of Butts,
Chairman.
By unanimous consent, the following bills of the House, favorably reported, were read the second time:
By Messrs. Sutton and Mattox of Colguitt-
House Bill No. 455. A bill to amend the charter of the City of Moultrie, and for other purposes.
By Mr. Colson of Glynn-
House Bill No. 503. A bill to amend the charter of the City of Brunswick, and for other purposes.
By Mr. Wilson of Murray-
House Bill No. 518. A bill to amend the charter of the City of Chatsworth, and for other purposes.
By Messrs. Eckford and Still of Fulton-
House Bill No. 536. A bill to amend the charter of the City of Atlanta, and for other purposes.
By Messrs. Crawford, Lanham, and Davis of Floyd-
House Bill No. 543. A bill to amend the Constitution by providing that the City of Rome may issue and sell bonds for certain purposes, and for other purposes.
THuRSDAY, AucusT 6, 1931.
987
By Messrs. Gillen and Carlisle of Bibb-
House Bill No. 544. A bill to prevent ineligibility of policemen and firemen in certain cities by reason of affiliation with or membership in religious, fraternal or labor organizations, and for other purposes.
By unanimous consent, the following bills of the Senate, favorably reported, were read the second time:
By Mr. Beck of the 37th District-
Senate Bill No. 52. A bill to amend the Constitution by providing for assumption by the State of the indebtedness of certain counties, and for other purposes.
By Mr. Ennis of the 20th District-
Senate Bill No. 110. A bill to establish the Georgia Training School for Colored Girls, and for other purposes.
By Messrs. Weekes of the 34th District and Reagan of the 35th District-
Senate Bill No. 115. A bill to repeal an Act incorporating the municipality of Atlanta, and for other purposes.
By unanimous consent, the following bills of the House were read the third time and put upon their passage:
By Messrs. Eckford, McRae, and Still of Fulton, and Leathers of DeKalb-
House Bill No. 360. A bill to be entitled an Act to amend an Act relating to the firemen of the City of Atlanta.
The following substitute was read and adopted:
988
JouRNAL OF THE HousE,
By the Committee-
A BILL
To be entitled an Act to amend an Act approved August 13, 1924, published in Acts of 1924, on pages 167 to 173, inclusive, entitled:
An Act to provide that cities having a population of more than one hundred and fifty thousand (150,000) by the United States Census of 1920 or any subsequent census shall furnish aid, relief, and pensions to members of paid fire departments now in active service, and whose names are on the payroll of such department and to future members, and their dependents in specified cases. To provide how such members who have served twenty-five years may be retired for life on half pay. To provide how such members shall be paid in case of total disability resulting from such service, and how such total disability may be determined. To provide for relief in case of sickness or accident resulting from such service. To provide for the relief of dependents and to provide for widows and children of deceased pensioners to be paid in case of death of any such member resulting from said service. To provide that
such cities shall levy tax of one (1 %) per centum on the
salaries of such members in active service and on payroll and to future members to raise in part the funds to pay such aids, reliefs, and pensions, collectible monthly. To provide that such cities shall use one-fifth (1/5) of the tax collected on fire and lightning insurance companies or associations from the premiums thereof on property situated within the corporate limits of such cities; to pay such aid, relief, and pensions. To provide that such cities shall levy a tax of one and one-fourth (1_74') per centum on the premiums of such fire and lightning insurance companies on property situated within the corporate limits of such cities.
To provide that one and one-fourth (1_74') per centum shall be the limit which such cities shall be allowed to tax
THuRSDAY, AuousT 6, 1931.
989
the premiums of such fire and lightning insurance companies or associations on premiums collected on property situated in the corporate limits of such cities. To provide how such funds shall be collected, deposited, and managed for the members of such fire departments now in active service and whose names are on the pay-roll of such departments and for future members. To create a board of trustees and provide for their selection and election, to manage, deposit, disburse upon order and invest said funds which shall be raised by one (1) per centum tax on the salaries of members now in active service and future members, and onefifth (1 /5) of the premium tax on fire and lightning insurance taxes.
To provide that this Act shall not repeal nor in any wise affect any benefit or pension now being paid by those who were receiving the same prior to the passage of this Act; and that this Act shall not apply to those receiving pensions or benefits prior to the passage of this Act.
To provide that such board of trustees shall make all necessary rules for carrying out the terms of this Act. To provide that in case there shall at any time be on hand less funds than are needed, the actual funds shall be prorated among the beneficiaries. To provide that none of the funds mentioned shall be subject to attachment, garnishment, judgment; nor shall they be assignable; but shall be paid in cash to the beneficiary if so requested by him or her. To provide that if any part of this Act shall be held unconstitutional, the remainder of this Act shall remain in force in connection with existing laws.
To provide that this Act shall not affect nor be affected by any workmen's compensation Act or other similar laws. To repeal conflicting laws, and for other purposes; so as to provide for amount of pension payable to present and future pensioners thereunder or to their widows, minor children, or widowed mothers in the event of the death, retirement or disability of pensioners; so as to provide for the payment
990
JouRNAL oF THE HousE,
in certain instances to pensioners' estates or beneficiaries of all premiums paid by pensioners; so as to provide for additional funds for said pensions and for any deficiency in said pension fund; so as to provide for the change in term of two trustees of said fund and for election of said two trustees; so as to provide amount of pensions to be paid those now receiving pensions, and for other purposes.
Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same that from and after the passage of this Act, a certain Act approved August 13, 1924, published in the Acts of 1924, pages 167 to 173, inclusive, entitled "An Act to provide that cities having a population of more than one hundred fifty thousand (150,000) by the United States Census of 1920 or any subsequent census shall furnish aid, relief, and pensions to members of paid fire departments now in active service, etc., and for other purposes," and Acts amendatory thereof, be and the same is hereby amended by striking Section 4 of said Act and inserting in lieu thereof a new Section 4 which shall read as follows:
"Section 4. When such member shall retire as a matter of right he shall be paid thereafter one-half of the salary he was receiving at the time of his retirement for the rest of his life, unless said one-half salary should be less than $100.00 per month, in which event the sum of $100.00 per month shall be paid, for the rest of his life, to be paid monthly, provided he shall have served the 25 years in active service at the time of his retirement, or shall have become totally disabled in the line of duty at any time as aforesaid. In case of death of a pensioner his widow, if any, shall receive during her life and until remarried the amount of pension being paid to said pensioner at the time of his death. If pensioner leaves no widow, but leaves orphan children under the age of 16 years, such orphan child or children shall receive until reaching the age of 16 years the pension being paid to said pensioner at the time of his death. Upon the death of any pensioner under this
THuRSDAY, AucusT 6, 1931.
991
Act, from any cause, who has no dependent entitled to his pension, the money he has paid into the pension fund shall be paid to his beneficiaries or to his estate at his death. Upon the death of an unmarried pensioner who is supporting a widowed mother, the amount of pension being paid to him at the time of his death shall thereafter be paid to his said mother during the period of her life or until she marries."
Sec. 2. Be it further enacted that Section 5 of the aforesaid Act approved August 13, 1924, be and the same is hereby stricken and a new Section 5 inserted in lieu thereof which shall read as follows, to-wit:
"Section 5. When such member shall be retired for total disability he shall be paid one-half of the salary he was receiving at the time of his retirement for the sum of $100.00 per month if said one-half of his salary does not equal or exceed that sum for the rest of his life to be paid monthly, but this Act shall not affect the salary of a member in active service, except the tax of one (1%) per cent. thereon."
Sec. 3. The aforesaid Act approved August 13, 1924, is further amended by inserting after Section 5 of said Act a new section to be known as Section 5a, said section to read as follows:
"Section 5a. Should any member become totally disabled (not from self-abuse) so as to make such member unfit for fire duty or services, he shall receive a pension graduated according to the length of his service before such disability as follows:
Five (5) years service ............. $ 20.00 per month Ten (10) years service............. 40.00 per month Fifteen (15) years service.. . . . . . . . . 60.00 per month Twenty (20) years service. . . . . . . . . 80.00 per month Twenty-five (25) years service ...... 100.00 per month
Upon the death of such member while receiving this pension, his widow, if any, shall con.tinue to draw the same dur-
992
JouRNAL OF THE HousE,
ing her life or until she remarries and if no widow, his minor child or children shall draw the same until reaching the age of 16.
Sec. 4. Said Act approved August 13, 1924, is further amended by adding thereto after Section 6 a new section to be known as Section 6a, which shall read as follows:
"Section 6a. The two trustees who are members of the fire department and who are elected the first Monday in September, 1931, shall be elected for a term of four (4) years and two (2) years respectively, the trustee receiving the highest number of votes to serve for four years and the one receiving the next highest number of votes to serve for two years, and their successors thenceforth to serve for terms of four years."
Sec. 5. Said Section 10 of said Act approved August 13, 1924, is hereby amended by striking the same in its entirety and inserting in lieu thereof a new Section 10 which shall read as follows:
"Section 10. A tax of one and one-fourth (1;{) per centum shall be levied against the premiums of all fire and lightning insurance companies or associations on property situated ~thin the corporate limits of such cities and returns by said companies or associations made and tax collected as now provided by ordinance in such cities, to be collected from and after the passage of this Act. The tax provided in this section shall go to aid, relief, and pension funds provided in this Act."
Sec. 6. Said Act approved August 13, 1924, is further amended by striking therefrom Section 16 thereof and inserting in lieu thereof a new section thereby known as Section 16 which shall read as follows:
"Section 16. In case there should accumulate more funds than should be needed for immediate use, the board of trustees are empowered to invest such excess funds in United States, Georgia or municipal bonds; but not other-
THURSDAY, AUGUST 6, 1931.
993
wise. Should there be on hand insufficient fund3 to carry out the purposes of this Act such additional funds as are necessary therefor shall be paid out of the Treasury of the City."
Sec. 7. Be it further enacted that all persons now receiving under the provisions of said Act approved August 13, 1924, shall henceforth receive such pensions in the amounts provided for in this Act.
Sec. 8. 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 by substitute, was agreed to.
On the passage of the bill, the ayes were 111, nays 0.
The bill having received the requisite constitutional majority was passed by substitute.
By Mr. Stone of Early-
House Bill No. 490. A bill to be entitled an Act to repeal an Act creating the City Court of Blakely.
The following substitute was read and adopted:
By the Committee-
A BILL
To be entitled an Act to repeal an Act of the General Assembly of Georgia, approved August 21, 1906, entitled "An Act to establish the City Court of Blakely in and for the County of Early, in the State of Georgia; to define its jurisdiction; procedure and practice; to provide for the appointment of officers therefor, and for other purposes," and all Acts amendatory thereof, and for other purposes.
994
JouRNAL OF THE HousE,
Section 1. Be it enacted by the General Assembly of the State of Georgia that the City Court of Blakely, created and organized under and by virtue of an Act entitled "An Act to establish the City Court of Blakely in and for the County of Early, in the State of Georgia; to define its jurisdiction, procedure, and practice; to provide for the appointment of officers therefor, and for other purposes," approved August 21, 1906, and all Acts amendatory thereof, be and the same is hereby abolished, and said Act approved August 21, 1906, and all amendments thereof, be and the same are hereby repealed.
Sec. 2. Be it further enacted that this Act shall become effective on the 31st day of December, 1932.
Sec. 3. Be it further enacted that this Act shall not become effective unless ratified by the voters of Early County at a special election to be held for that purpose, which said election shall be called by the Ordinary of Early County, and shall be held not less than five days, nor more than ten days, prior to the democratic primary to be held in Early County in the year 1932 for the nomination for county officers. At least thirty days' notice of said election shall be given by said ordinary, by publishing notice thereof in the official gazette of the county, and posting notice thereof at the court house door in said county, and all the qualified voters of said county may vote at said election. Those desiring to vote in favor of the ratification of this Act shall have written or printed on their ballots "Against City Court;" and those desiring to vote against the ratification of this Act shall have written or printed on their ballots "For City Court." The returns of said election shall be made by the managers to the ordinary, who shall canvass the returns and certify and publish the result. If a majority of the votes cast at said election shall be in favor of the ratification of this Act, this Act shall become effective on the 31st day of December, 1932; otherwise, this Act shall not become effective. The expense of said election shall be borne by the county.
THURSDAY, AUGUST 6, 1931.
995
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.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 109, nays 0.
The bill having received the requisite constitutional majority was passed by substitute.
By Mr. Bush of MillerHouse Bill No. 501. A bill to be entitled an Act to
abolish tJ"le office of Treasurer of Miller County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Harrison of CamdenHouse Bill No. 529. A bill to be entitled an Act to amend
an Act incorporating the City of Kingsland, and for other purposes.
The report 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 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Johnson of Seminole-
House Bill No. 530. A bill to be entitled an Act to amend an Act creating a new charter for the Town of Donaldsonville, and for other purposes.
996
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 105, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Trotter ofTaliaferro-
House Bill No. 533. A bill to be entitled an Act to amend the charter of the Town of Crawfordville, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Battle, Meredith, and Roberts of Muscogee-
House Bill No. 485. A bill to be entitled an Act to ratify and confirm the sale of a certain tract of land by the City of Columbus, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Stewart of Coffee-
House Bill No. 499. A bill to be entitled an Act to amend the charter of the City of Douglas, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
THURSDAY, AuGUST 6, 1931.
997
The bill having received the requisite constitutional majority was passed.
By unanimous consent, the following bill of the Senate was read the first time and referred to the committee:
By Messrs. Duckworth of the 7th District, Harris of the 18th District, and Hand of the 8th District-
Senate Bill No. 126. A bill to provide for monthly budgets by heads of departments, bureaus, etc., before expenditure of any sum by said departments, and for other purposes.
Referred to Committee on State of the Republic.
Mr. Thomas of \Vayne arose to a question of personal privilege and addressed the House.
Mr. Leathers of DeKalb arose to a question of personal privilege and addressed the House.
Mr. Nelson of Laurens arose to a question of personal privilege and addressed the House.
Under orders of the day, the following bill of the House was again taken up for consideration:
By Messrs. Fagan of Peach, Kennedy of Lamar, and others-
House Bill No. 25. A bill to be entitled an Act to prevent any city, town or municipality from selling, leasing or disposing of its power plant or any interest therein for a period longer than twenty years, and for other purposes.
The following amendment was read and adopted:
Mr. Sisk of Elbert moves to amend House Bill No. 25 as follows:
By striking Subsection 2 of Section 3 of said bill and substituting therefor the following:
998
JouRNAL oF THE HousE,
If two-thirds of the registered, qualified voters in such municipality shall vote to sell a lease or franchise for a period of twenty years, provided such two-thirds so voting constitutes a majority of the registered, qualified voters of such municipality, then the same shall be granted upon the terms fixed in the notice published as aforesaid.
Mr. Harrison of Jenkins moved to table the bill and all amendments thereto, and the motion was lost.
Mr. McRae of Fulton moved the previous question.
Mr. Rosser of Walker moved to table the bill and all amendments thereto, and the motion was lost.
The motion for the previous question prevailed, and the main question was ordered.
By unanimous consent, the Committee substitute to House Bill No. 25 was withdrawn from further consideration of the House.
The following substitute by Mr. Freeman of Monroe was read:
A BILL
An Act entitled an Act to amend an Act approved August 25, 1925, Georgia Laws 1925, pages 177-179 to provide for the sale, lease or other disposition by municipal corporation of the State of Georgia, of any or all electric, water, gas or municipally owned public utility properties, and to provide the terms, conditions and safe guards respecting the disposition of the same and for other purposes by striking the words in line one and to the word "then" of line two in Section 4 of said Act "If the majority of those voting in said election shall vote in favor of such sale, lease, or disposition," and inserting in lieu thereof the following words:
"If a majority of those voting as provided in Section 2 shall vote in favor of such sale, lease, or disposition."
THURSDAY, AUGUST 6, 1931.
999
Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, that Section 4 of an Act approved August 25, 1925, Georgia Laws, 1925, pages 177-179 be amended by striking the following words in line one and to the word "then" in line two: "If a majority of those voting in said election shall vote in favor of such sale, lease, or disposition," and substituting in lieu thereof the following words:
"If a majority of those voting as provided in Section 2 shall
vote in favor of such sale, lease, or disposition, provided that said twa-thirds of those voting shall constitute a majority of the qualified registered voters of any such municipality."
Sec. 2. Be it further enacted that Section 4 of an Act approved August 25, 1925, Georgia Laws 1925, pages 177-179 when so amended shall read as follows: "If a majority of those voting as provided in Section 2 shall vote in favor of such sale, lease, or disposition, then the proper officers of the municipality may proceed to sell, lease, or dispose of such plant in accordance with the terms and conditions set out in the notice of proposed intention to sell, lease, or dispose of, such plant, as herein provided. If such election is determined against such sale, the lease, or disposition, of such plant then such plant shall not be sold, leased, or disposed of, but shall remain the property of the municipality.
Sec. 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, the ayes were 59, nays 70, and the substitute was lost.
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, Mr. Stewart of Coffee called for the ayes and nays, and the call was sustained.
1000
JouRNAL oF THE HousE,
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Arrington Ashley Atwood Bargeron Bennett of Bacon Bennett of Jeff Davis Brown Brunson Bush Cain Cannon Carlisle of Grady Cartledge Childs Clements of Ma~on Cochran Courson Culpepper of Echols Davis of Jackson Davis of Mitchell Davis of Troup Dixon Donaldson Dorsett Edmondson Evans Fagan Fraser Grayson Green Greer Griffeth
Hampton
Purdy
Hardin
Purvis
Harris
Rabun
Hawes
Rivers
Hodges
Roberts
Home
Ross of Appling
Howard of Long
Ross of Dodge
Hubbard of Wilkinson Sammon
Johnson of Montgomery Sharpe
Jones of Lumpkin Shirley
Jones of Paulding
Simmons
Kennedy
Sims
Killebrew
Sisk
Kimbrough
Skelton
Kimsey
Stewart
Lanham
Still
Leathers
Stone
Lester
Strickland of Douglas
Lord
Strickland of Haralson
McKoy
Sutton
McRae
Swain
Mattox
Tate
Mercer
Thomas
Mixon
Townsend
Mooty
Trapnell
Morris
Waldrop
Musgrove
Walker of Ben Hill
Nelson of Laurens
Walker of Brooks
Oliver
Walker of Morgan
Parham
Whittle
Phillips
Wilkes
Pittard
Williams
Powell
Yawn
Those voting in the negative were Messrs.:
Allen Arnold Awtrey Barrett Beaman Beasley
Bland Bunn Carlisle of Bibb Chalker Chambers Clements of Telfair
Cowart Crawford Cullens Duncan Eckfo,rd Edwards of Stephens
THURSDAY, AucusT 6, 1931.
1001
Elliott
Johnston
Freeman
Jones of Burke
Gary
Key
Gillen
King of Clay
Graham
King of Newton
Griffin of Decatur
Lance
Griffin of Wilkes
Logan
Gullatt
McElreath
Harrison of Camden McLeod
Harrison of Jenkins McWhorter
Hatcher
Mardre
Holt
Montgomery
Howard of Chatt'h'chee Moye
Hyman
Mundy
James
Osteen
Johnson of Pike
Pace
Johnson of Seminole Park
Patten Paulk Peebles Pope Scarbrough Seckinger Spivey Stanton Taylor Thomason Tippins Turner Walker of Screven Wall Weeks Westbrook Wilson
Those not voting were Messrs.:
Almand Andrews Battle Bean Brannen Burton Clark Collier Colson Cozart Crowe Culpepper of Fayette Davis of Floyd
Dykes
Mallard
Edwards of Gilmer
Maynard
Edwards of Lowndes Meredith
Franklin
Myrick
Hubbard of Habersham Nelson of Cook
Huddleston
Preston
Hutcheson
Robertson
Irvin
Rosser
Lanier
Thompson
Lewis of Gordon
Trotter
Lewis of Hancock
Wood
Lindsay
Mr. Speaker
McGehee
The roll call was verified.
On the passage of the bill, the ayes were 100, nays 69.
The bill having failed to receive the requisite constitutional majority was lost.
Mr. Lanier of Richmond gave notice that at the proper time he would move that the House reconsider its action in failing to pass House Bill No. 25.
1002
JouRNAL OF THE HousE,
Mr. Westbrook of Dougherty moved that when the House adjourn today, it stand adjourned until 3:00 o'clock this afternoon.
Mr. Lindsay of DeKalb moved that when the House adjourn today, it stand adjourned until 9:00 o'clock tomorrow morning, and the motion prevailed.
The following resolution of the House was read and adopted:
By Messrs. Westbrook of Dougherty, Turner of Brooks, and others-
House Resolution No. 69. A joint resolution being a memorial to Congress and others to solicit the cooperation of the Federal Farm Board in behalf of turpentine-gum farming of pine trees, and for other purposes.
The following bill of the House was taken up for consideration and read the third time:
By Messrs. Crawford, Davis, and Lanham of Floyd-
House Bill No. 29. A bill to be entitled an Act to authorize and direct the Highway Board to create under its control and supervision a State Highway Patrol and providing the expense of said patrol be paid out of the maintenance funds of the State Highway Department, and for other purposes.
Mr. Lance of Hall moved to table House Bill No. 29 and all amendments thereto, and the motion prevailed.
Privileges of the floor were granted to Hon. W. 0.
Kinney of Bibb County, Hon. J. T. Ervin of Oglethorpe
County, Hon. John J. Bonham of Chatham County, Hon. T. M. Myers of Hart County, Mr. Usher T. Winslett of Bibb County, and Mr. LeRoy Holcomb of Bibb County.
THURSDAY, AUGUST 6, 1931.
1003
Mr. Lance of Hall moved that the House do now adjourn, and the motion prevailed.
Leave of absence was granted to Messrs. Thomas of Wayne, Osteen of Bryan, Walker of Ben Hill, and Mattox of Colquitt.
The Speaker announced the House adjourned until tomorrow morning, at 9:00 o'clock.
1004
JouRNAL OF THE HousE,
REPRESENTATIVE HALL, ATLANTA, GA., FRIDAY, AuGUST 7, 1931.
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 Allen Almand Andrews Arnold Arrington Ashley Atwood Awtrey Bargeron Barrett Battle Beaman Bean Beasley Bennett of Bacon Bennett of Jeff Davis Bland Brannen Brown Brunson Bunn Burton Bush Cain Cannon Carlisle of Bibb Carlisle of Grady Cartledge Chalker
Chambers Childs Clark Clements of Marion Clements of Telfair Cochran Collier Colson Courson Cowart Cozart Crawford Crowe Cullens Culpepper of Echols Culpepper of Fayette Davis of Floyd Davis of Jackson Davis of Mitchell Davis of Troup Dixon Donaldson Dorsett Duncan Dykes Eckford Edmondson Edwards of Gilmer Edwards of Stephens Elliott Evans
Fagan Franklin Fraser Freeman Gary
Gillen Graham Grayson Green Greer Griffeth Griffin of Decatur Griffin of Wilkes Gullatt Hampton Hardin Harris Harrison of Camden Harrison of Jenkins Hatcher Hawes Hodges Holt Horne Howard of Chatt'h'chee Howard of Long Hubbard of Habersham Hubbard of Wilkinson Huddleston Hutcheson Hyman
FRIDAY, AucusT 7, 1931.
1005
Irvin
Mixon
James
Montgomery
Johnson of Montgomery Mooty
Johnson of Pike
Morris
Johnson of Seminole Moye
Johnston
Mundy
Jones of Burke
Musgrove
Jones of Lumpkin Myrick
Jones of Paulding
Nelson of Cook
Kennedy
Nelson of Laurens
Key
Oliver
Killebrew
Osteen
Kimbrough
Pace
Kimsey
Parham
King of Clay
Park
King of Newton
Patten
Lance
Paulk
Lanham
Peebles
Lanier
Phillips
Leathers
Pittard
Lester
Pope
Lewis of Gordon
Powell
Lewis of Hancock
Preston
Lin<isay
Purdy
Logan
Purvis
Lord
Rabun
McElreath
Rivers
McGehee
Roberts
McKoy
Robertson
McLeod
Ross of Appling
McRae
Ross of Dodge
McWhorter
Rosser
Mallard
Sammon
Mardre
Scarbrough
MattOlX
Seckinger
Maynard
Sharpe
Mercer
Shirley
Meredith
Simmons
Sims Sisk Skelton Spivey Stanton Stewart Still Stone Strickland of Douglas Strickland of Haralson Sutton Swain Tate Taylor Thomas Thomason Thompson Tippins Townsend Trapnell Trotter Turner Waldrop
Walker of Ben Hill
Walker of Brooks Walker of Morgan Walker of Screven WaJ.l Weeks Westbrook Whittle Wilkes Williams Wilson Wood Yawn Mr. Speaker
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the reqmstte constitutional majority the following bills of the House, to-wit:
1006
JouRNAL oF THE HousE,
By Mr. Harris of Terrell-
House Bill No. 293. A bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector for the County of Terrell and to create the office of Tax Commissioner to take over the duties of said consolidated offices and to provide for the manner and means whereby this Act shall go into effect, and for other purposes.
By Mr. Walker of Brooks-
House Bill No. 340. A bill to be entitled an Act amending the City Court of Quitman by fixing the salary of the Judge of said court, and for other purposes.
By Mr. Carlisle of Grady-
House Bill No. 358. A bill to be entitled an Act to change the time of holding the Superior Court of Grady County, Georgia, and for other purposes.
By Mr. Mallard of Charlton-
House Bill No. 377. A bill to be entitled an Act to create a new charter for the City of Folkston, and for other purposes.
By Messrs. Davis and Mooty of Troup-
House Bill No. 394. A bill to be entitled an Act to enable the City of LaGrange to issue bonds as provided by the Constitution to enable said city to provide water works, etc.
By Mr. Thomas of Wayne-
House Bill No. 404. A bill to be entitled an Act to amend an Act entitled an Act establishing the City Court of Jesup in and for the County of Wayne, and for other purposes.
FRIDAY, AuousT 7, 1931. .
1007
By Messrs. Mardre and Cochran of Thomas-
House Bill No. 427. A bill to be entitled an Act to amend an Act approved October 3, 1889, entitled an Act to incorporate the Town of Thomasville as the City of Thomasville, as amended by the Act approved August 11, 1927, and all oth~r Acts amendatory thereof, and for other purposes.
By Messrs. Rosser and Hutcheson of Walker-
House Bill No. 454. A bill to be entitled an Act to amend the charter of the City of Rossville, Walker County, Georgia, approved August 24, 1905, and all Acts amendatory thereof, and for other purposes.
By Mr. Edmondson of Chattooga-
House Bill No. 456. A bill to amend the charter of the Town of Trion in Chattooga County, Georgia, so as to increase the territorial corporate limits of said town.
By Messrs. Sutton and Mattox of Colquitt-
House Bill No. 458. A bill to be entitled an Act approved August 13, 1912, fixing the time for holding Superior Courts in Colquitt County, so as to provide for the holding of two terms of Colquitt Superior Court in each year and to provide for the time of holding the same, and for other purposes.
By Mr. Scarbrough of Polk-
House Bill No. 462. A bill to amend the charter of the City of Rockmart, and for other purposes.
By Mr. Patten of Lanier-
Hause Bill No. 465. A bill to be entitled an Act to repeal an Act entitled "An Act to prescribe the jurisdic-
1008
JouRNAL oF THE HousE,
tion of the county court of Lanier County, and for other purposes.
By Mr. McGehee of Talbot-
House Bill No. 474. A bill to be entitled an Act to repeal an Act approved in 1913, incorporating the Town of Box Springs, in Talbot County, and for other purposes.
By Mr. Franklin of Butts-
House Bill No. 483. A bill to be entitled an Act to provide for the use of wire fish baskets in the waters of Butts County.
By Messrs. Spivey and Williams of Emanuel-
House Bill No. 486. An Act to abolish the office of County Treasurer of Emanuel County, Georgia; to provide for the appointment of a County Depository, and for other purposes.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requlSlte constitutional majority the following bills of the Senate, to-wit:
By Mr. Weekes of the 34th District-
Senate Bill No. 116. A bill to be entitled an Act to be known as "The Mechanics Lien Law of Georgia" protecting owners, contractors, sub-contractors, laborers, materialmen, and others, to define terms used therein and to make provisions relating to the construction, erection, reconstruction, repair, and improvement of real property under contract or otherwise; and for other purposes.
FRIDAY, AuousT 7, 1931.
1009
By Mr. Dekle of the 6th District-
Senate Bill No. 130. A bill to be entitled an Act to further amend the charter of the City of Valdosta, and for other purposes.
By Messrs. Neill of the 24th District, Harris of the 18th District, Duckworth of the 7th District, and Hand of the 8th District-
Senate Bill No. 133. A bill to be entitled an Act to reduce salaries of State employees 15%, where salary exceeds $150.00 per month, and for other purposes.
By Messrs. Reagan of the 35th District and Weekes of the 34th District-
Senate Bill No. 137. A bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has disagreed to the House amendment to the following bill of the Senate, to-wit:
By Mr. Reagan of the 35th District-
Senate Bill No. 101. A bill to be entitled "An Act to create a Board of Commissioners of Roads and Revenues for Henry County; to provide for their election and qualifications; to prescribe their powers and duties; to provide for their compensation; to provide for election of chairman; and for other purposes."
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
1010
JouRNAL OF THE HousE,
Mr. Speaker:
The Senate has adopted the report of the Senate Special Committee acting under Senate Resolution No. 46, relative to the investigation of the Department of Agriculture, and has directed the Secretary of the Senate to transmit a copy of the report to the House for the information of the members of the House.
Mr. Hardin of Whitfield, 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.
5. First reading of Senate bills and resolutions.
By unanimous consent, House Bill No. 407 was withdrawn from the Committee on Rail Roads and recommitted to the Committee on Municipal Government.
By unanimous consent, 300 copies of Senate Bill No. 45 were ordered to be printed for the use of the members of the House and Senate.
Mr. Rosser of Walker asked unanimous consent that when the House adjourn today, it stand adjourned until
FRIDAY, AuGUST 7, 1931.
1011
Monday morning, August 10, at 10:00 o'clock, and there was objection.
Mr. Rosser of Walker moved that when the House adjourn today, it stand adjourned until Monday morning, August 10, at 10:00 o'clock, and the motion prevailed.
By unanimous consent, the following bills and resolutions of the House were read the first time and referred to the committees:
By Messrs. Eckford, McRae, and Still of Fulton, and Beaman, Leathers, and Lindsay of DeKalb-
House Bill No. 570. A bill to amend an Act amending the charter of the City of Atlanta, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Greer of MaconHouse Bill No. 571. A bill to amend the Georgia Motor
Vehicle Law, and for other purposes. Referred to Committee on General Judiciary No. 2.
By Mr. Dixon of PierceHouse Bill No. 572. A bill to amend an Act creating
the office of Road Commissioner of Pierce County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Eckford, McRae, and Still of Fulton, and Beaman, Leathers, and Lindsay of DeKalb-
House Bill No. 573. A bill allowing city firemen to be loaned to the County of Fulton, and for other purposes.
Referred to Committee on Municipal Government.
1012
JouRNAL OF THE HousE,
By Messrs. Eckford, McRae, and Still of Fulton, and Lindsay, Leathers, and Beaman of DeKalb-
House Bill No. 574. A bill increasing the limits of the City of Atlanta, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Eckford, McRae, and Still of Fulton, and Beaman, Leathers, and Lindsay of DeKalb-
House Bill No. 575. A bill to amend the charter of the City of Atlanta by allowing said city to borrow $2,000,000.00, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Stanton ofWare-
House Bill No. 576. A bill to amend the Code relating to the security given by State depositories, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Lindsay of DeKalb-
House Bill No. 577. A bill to amend the Code by providing for residence of County School Superintendent, and for other purposes.
Referred to Committee on Education.
By Mr. Carlisle of Bibb-
House Resolution No. 87-576a. A resolution to relieve Miss Kate S. Rodgers from bond forfeiture, and for other purposes.
Referred to Committee on General Judiciary No.2.
FRIDAY, AuGUST 7, 1931.
1013
By Mr. Musgrove of Clinch-
House Resolution No. 88-576b. A resolution to release Mr. B. A. Harper from responsibility for loss of funds deposited in the Bank of Homerville, defunct; and for other purposes.
Referred to Committee on General Judiciary No. 1.
Mr. Andrews of Crawford County, Chairman of the Committee on Counties 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 House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 551 do not pass. House B.ill No. 553 do not pass. House Bill No. 552 do not pass. House Bill No. 515 do not pass. House Bill No. 550 do not pass. House Bill No. 549 do not pass. House Bill No. 548 do not pass.
Respectfully submitted, ANDREWS of Crawford, Chairman.
Mr. Andrews of Crawford County, Chairman of the Committee on Counties and County Matters, submitted the following report.
1014
JouRNAL OF TNE HousE,
Mr. Speaker: Your Committee on Counties and County Matters has
had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 555 do pass. House Bill No. 538 do pass. House Bill No. 363 do pass. House Bill No. 546 do p~ss as amended. House Bill No. 547 do pass. House Bill No. 528 do pass. House Bill No. 527 do pass. House Bill No. 523 do pass. Senate Bill No. 88 do pass. Senate Bill No. 69 do pass as amended. Senate Bill No. 104 do pass. Senate Bill No. 135 do pass. Senate Bill No. 125 do pass. Senate Bill No. 124 do pass. Senate Bill No. 117 do pass.
Respectfully submitted, ANDREWS of Crawford, Chairman.
Mr. Lewis of Hancock County, Chairman of the Committee on General Judiciary No. 1, submitted the following report:
FRIDAY, AucusT 7, 1931.
1015
. Mr. Speaker: Your Committee on General Judiciary No. 1 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:
House Bill No. 524 do pass as amended.
House Bill No. 559 do pass.
Respectfully submitted,
LEWIS of Hancock,
Chairman.
Mr. Cannon of Rockdale County, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Mr. Speaker:
Your Committee on Hygiene and Sanitation has had under consideration tl;-.e following bill of the House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 432 do pass as amended.
Respectfully submitted,
CANNON of Rockdale,
Chairman.
Mr. Trotter of Taliaferro 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
1016
JouRNAL OF THE HousE,
has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 565 do pass. House Bill No. 561 do pass. House Bill No. 560 do pass. House Bill No. 556 do pass. House Bill No. 562 do pass. House Bill No. 569 do pass. House Bill No. 510 do pass.
Respectfully submitted, TRoTTER of Taliaferro, Chairman.
, Mr. Beasley of Tattnall 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 that.:
House Bill No. 251 do pass. House Bill No. 414 do pass. House Bill No. 372 do pass. House Bill No. 110 do not pass. House Bill No. 416 do not pass. House Bill No. 399 do not pass. House Bill No. 343 do not pass.
FRIDAY, AuGusT 7, 1931.
1017
House Bill No. 237 do not pass. House Bill No. 495 do not pass.
Respectfully submitted, BEASLEY of Tattnall, Chairman.
Mr. Collier of Madison County, Chairman of the Committee on State of the Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of the Republic has had under consideration the following bills and resolution of the House and Senate and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 539 do pass.
House Resolution No. 42 do not pass.
Senate Bill No. 50 do not pass.
Respectfully submitted,
CoLLIER of Madison,
Chairman.
By unanimous consent, the following bills of the House, favorably reported, were read the second time:
By Mr. Cain of Crisp-
House Bill No. 363. A bill to amend an Act creating a Board of County Commissioners for the County of Crisp, and for other purposes.
1018
JouRNAL OF THE HousE,
By Messrs. Fagan of Peach and Mooty of Troup-
House Bill No. 372. A bill to amend the Motor Carrier Act of 1931, and for other purposes.
By Mr. Cochran of Thomas-
House Bill No. 414. A bill to provide for the lighting of automobiles and other vehicles traveling the highways at night, and for other purposes.
By Messrs. Lanier and Lester of Richmond-
House Bill No. 432. A bill to combine the Board of Health for the City of Augusta with the Board of Health of Richmond County, and for other purposes.
By Mr. Key of Jasper-
House Bill No. 510. A bill to repeal an Act incorporating the Town of Hillsboro, and for other purposes.
By Mr. Bennett of Jeff Davis-
House Bill No. 523. A bill to vest in the tax collectors of certain counties all powers of sheriffs relative to the collection of tax fi. fas., and for other purposes.
By Mr. Eckford of Fulton-
House Bill No. 527. A bill to amend an Act authorizing the Board of Commissioners of Roads and Revenues to supplement funds of the County Board of Education, and for other purposes.
By Mr. McRae of Fulton-
House Bill No. 528. A bill to amend an Act incorporating the City of Manchester under the name of College Park, and for other purposes.
FRIDAY, AucusT 7, 1931.
1019
By Mr. Freeman of Monroe-
House Bill No. 538. A bill to abolish the offices of Tax Collector and Tax Receiver in Monroe County, and for other purposes.
By Messrs. Kennedy of Lamar and Lanier of Richmond-
House Bill No. 539. A bill to amend an Act creating the State Board of Public Welfare, and for other purposes.
By Mr. Griffin of Decatur-
House Bill No. 251. A bill to authorize a board to officially adopt a license tag for use on motor driven vehicles, and for other purposes.
By Mr. Mallard of Charlton-
House Bill No. 546. A bill to amend the Code relative to the number of persons subject to road duty, and for other purposes.
By Mr. Eckford of Fulton-
House Bill No. 547. A bill to provide for the nomination and election of members of Boards of Roads and Revenues in certain counties in this State, and for other purposes.
By Messrs. Mardre and Cochran of Thomas-
House Bill No. 555. A bill to repeal an Act establishing a system of public schools in the Town of Boston, and for other purposes.
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 556. A bill to amend an Act amending the charter of the City of Augusta, and for other purposes.
1020
JouRNAL OF THE HousE,
By Mr. McGehee of Talbot-
House Bill No. 559. A bill to prohibit the employment in any of the State Departments of any member of the General Assembly or of any person related within the fifth degree by blood or marriage to the head of any State Department, and for other purposes.
By Mr. Morris of Atkinson-
House Bill No. 560. A bill to amend an Act creating a new charter for the Town of Willacoochee, and for other purposes.
By Mr. Musgrove of Clinch-
House Bill No. 561. A bill to change the name of the Town of Homerville to the City of Homerville, and for other purposes.
By Mr. Griffeth of Oconee-
House Bill No. 562. A bill to incorporate the Town of Bogart, and for other purposes.
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 565. A bill to amend the charter of the City of Augusta, and for other purposes.
By Mr. Cain of Crisp-
House Bill No. 569. A bill to amend an Act creating a new charter for the Town of Arabi, and for other purposes.
By Messrs. Hutcheson of Walker and Townsend of Dade-
House Bill No. 524. A bill to be entitled an Act to amend Code of 1910, and for other purposes.
By unanimous consent, the following bills of the Senate, favorably reported, were read the second time:
FRIDAY, AuGUST 7, 1931.
1021
By Mr. Williams of the 27th District-
Senate Bill No. 69. A bill to abolish the offices of Tax Receiver and Tax Collector of Walton County, and for other purposes.
By Mr. Duckworth of the 7th District-
Senate Bill No. 88. A bill to change the time for holding Grady Superior Court, and for other purposes.
By Mr. Pruett of the 32nd District-
Senate Bill No. 104. A bill to abolish the office of Tax Receiver and Tax Collector of Lumpkin County, and for other purposes.
By Mr. Dekle of the 6th District-
Senate Bill No. 117. A bill to repeal an Act establishing a Board of Commissioners of Roads and Revenues for the County of Habersham, and for other purposes.
By Mr. Weekes of the 34th District-
Senate Bill No. 124. A bill to permit certain counties to permit their tax assessors to meet from April 1 to August of each year, and for other purposes.
By Mr. Dekle of the 6th District-
Senate Bill No. 125. A bill to amend an Act amending the original Act creating the City Court of Valdosta, and for other purposes.
By Mr. West of the 11th District-
Senate Bill No. 135. A bill to abolish the fee system in the Superior Courts of the Pataula Judicial Circuit, and for other purposes.
1022
JouRNAL OF THE HousE,
.
By unanimous consent, the following bills of the House
were read the third time and placed upon their passage:
By Messrs. Weekes of the 34th District and Reagan of the
35th District-
Senate Bill No. 115. A bill to repeal an Act to incorporate
the municipality of Atlanta, and for other purposes.
The report of the committee, which was favorable to the
passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, nays 0.
The bill having received the requisite constitutional
majority was passed.
By Messrs. Sutton and Mattox of Colquitt-
House Bill No. 455. A bill to be entitled an Act to
amend the charter of the City of Moultrie, and for other
purposes.
The report 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.
By Mr. Colson of Glynn-
House Bill No. 503. A bill to be entitled an Act to
amend the charter of the City of Brunswick, and for other
purposes.
The report of the committee, which was favorable to
the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, nays 0.
The bill having received the requisite constitutional
majority was passed.
By Mr. Wilson of Murray-
House Bill No. 518. A bill to be entitled an Act to
amend the charter of the City of Chatsworth, and for
other purposes.
The report of the committee, which was favorable to
the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, nays 0.
The bill having received the requisite constitutional
majority was passed.
FRIDAY, AucusT 7, 1931.
1023
By Messrs. Eckford and Still of Fulton-
House Bill No. 536. A bill to be entitled an Act to amend the charter of the City of Atlanta, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, nays 0.
The bill having received the requisite constitutional majority was passed.
The following resolution of the Senate was read and adopted:
By Mr. Neill of the 24th District and others-
Senate Resolution No. 42. A resolution authorizing the Governor to appoint a commission known as "Century of Progress Commission," and for other purposes.
Under the regular order of business, the following bills of the House were taken up for consideration, and read the third time:
By Mr. Key of Jasper-
House Bill No. 38. A bill to be entitled an Act to repeal an Act entitled an Act to regulate the grading and working of peaches and apples in closed packages, and for other purposes.
The following amendment was read and adopted:
Mr. Hubbard of Habersham moves to amend House Bill No. 38 by providing that nothing in said bill shall refer to apples, and the law as applied to apples shall not be repealed.
Mr. Beaman of DeKalb moved the previous question on House Bill No. 38, and all amendments thereto.
1024
JouRNAL OF THE HousE,
The motion prevailed, and the main question was ordered.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill as amended, the ayes were 115, nays 6.
The bill having received the requisite constitutional majority was passed as amended.
By Mr. Cochran of Thomas-
House Bill No. 54. A bill to be entitled an Act to provide an exemption of $15.00 per week to retired and pensioned employees from process of garnishment, and for other purposes.
The following Committee substitute was read and adopted: By the Committee-
A BILL
A bill to be entitled an Act to provide an exemption of $15.00 per week from process of garnishment to retired and pensioned employees out of the pension paid to them by former employers, when such retired employees are not actually in the service of their former employers, but receiving a bona fide pension from such former employers by reason of previous employment, predicated upon length of employment, old age, disability or other like causes, 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 sum of $15.00 per week shall be exempt from process
FRIDAY, AucusT 7, 1931.
1025
of garnishment out of all pensions paid by former employers to retired and pensioned employees when such employees are not actually in the service of their former employers but receiving a bona fide pension from such former employers by reason of previous employment, predicated upon length of service, old age, disability or other like causes.
Sec. 2. Be it further enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that all laws and parts of laws in conflict herewith be and the same are hereby repealed.
Mr. Jones of Burke moved the prev10us question.
The motion prevailed, and the main question was ordered.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 104, nays 12.
The bill having received the requisite constitutional majority was passed by substitute.
By Mr. Nelson ofLaurens-
House Bill No. 55. A bill to be entitled an Act to propose to the qualified voters of Georgia ary amendment to Article Seven of the Constitution of Georgia, as now amended, which relates to the exemption of property from taxation, and for other purposes.
Mr. Nelson of Laurens asked unammous consent that further consideration of the bill be postponed until next Tuesday, August 11th, and there was objection.
1026
JouRNAL OF THE HousE,
Mr. Nelson of Laurens moved that further consideration of the bill be postponed until next Tuesday, August 11th, and the motion prevailed.
By Messrs. Lanham, Davis, and Crawford of Floyd-
House Bill No. 57. A bill to be entitled an Act relating to the licensing of motor vehicle operators and chauffeurs; and to the liability of certain persons for negligence in the operation of motor vehicles on the public highways, and for other purposes.
By unanimous consent, further consideration of House Bill No. 57 was postponed until next Tuesday, August 11th, and 300 copies were ordered to be printed for the use of the members of the Senate and House.
By Messrs. Duncan of Houston, Battle of Muscogee, and others-
House Bill No. 61. A bill to be entitled an Act to adopt and make of force the Code of Laws approved by the Code Commission appointed as provided by resolution, approved August 27, 1929, and for other purposes.
Mr. Culpepper of Fayette asked unanimous consent that further consideration of House Bill No. 61 be postponed until next Monday, August lOth, and the request was granted.
By Mr. Kimsey of Rabun-
House Bill No. 64. A bill to be entitled an Act to permit the chasing of foxes with dogs at any time, and for other purposes.
The following amendment was read and adopted:
Mr. Sisk of Elbert moves to amend House Bill No. 64 by adding thereto the following at the end of Section 1: Provided that no hunter shall go upon the land of another without the permission of the owner or owners thereof.
FRIDAY, AucusT 7, 1931.
1027
Mr. Cochran of Thomas moved the previous question on House Bill No. 64, and all amendments thereto.
The motion prevailed, and the main question was ordered.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill as amended, the ayes were 113, nays 5.
The bill having received the requisite constitutional majority was passed as amended.
By Mr. Howard of Chattahoochee-
House Billl\'o. 63. A bill to be entitled af1 Act to amend an Act approved :\ugust 19, 1919, entitled "An Act to reorganize and reconstitute the State Highway Department of Georgia, and to prescribe the duties and powers thereof," and for other purposes.
The following amendment was read and adopted:
Messrs. Culpepper of Fayette, Davis of l\litchell, and Key of Jasper move to amend House Bill No. 65, as follows:
By amending caption of said bill by adding in said caption at the end thereof the following: And to provide for repeal of any provisions of the Act of the General Assembly approved August 20, 1929 known as the Neill-Traylor Highway Act in conflict with the provisions of this Act, and for other purposes.
And further by adding between the words "participation in" and "construction" in the last line of Section 1 the words "cost of."
And by adding the following to said section: Provided that it is not the purpose of this Act to prohibit any county from contracting with the State Highway Department for the construction of any portion of State Aid Road
1028
JouRNAL OF THE HousE,
System that any county is now permitted under law to contract for.
Mr. Howard of Chattahoochee moved the previous question on House Bill No. 65, and all amendments thereto.
The motion prevailed, and the main question was ordered.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of House Bill No. 65 as amended, Mr. Griffin of Decatur moved the ayes and nays, and the call was not sustained.
On the passage of the bill as amended, the ayes were 136, nays 0.
The bill having received the requisite constitutional majority was passed as amended.
Mr. Howard of Chattahoochee asked unanimous consent that the bill be immediately transmitted to the Senate, and the request was granted.
The bill was immediately transmitted to the Senate.
By Mr. Scarbrough of Polk-
House Bill No. 66. A bill to be entitled an Act to establish the Georgia State Board of Accountancy, to grant the board the usual and necessary powers, and for other purposes.
Mr. Scarbrough of Polk moved that further consideration of House Bill No. 66 be postponed until next week.
Mr. Dykes of Dooly moved to table House Bill No. 66.
Mr. Beaman of DeKalb moved that the House do now adjourn, and the motion was lost.
The motion of the gentleman from Dooly, Mr. Dykes, prevailed and House Bill No. 66 was tabled.
FRIDAY, AuGUST 7, 1931.
1029
Privileges of the floor were granted to Mr. George Purvis of Jefferson County, and Hon. Lon Burton of Lanier County.
Mr. Crowe of Worth moved that the House do now adjourn, and the motion prevailed.
Leave of absence was granted to Messrs. Battle of Muscogee and Sharpe of Screven.
The Speaker announced the House adjourned until next Monday morning, at 10:00 o'clock.
1030
JouRNAL OF THE HousE,
REPRESENTATIVE HALL, ATLANTA, GA., MoNDAY, AucusT 10, 1931.
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 Allen Almand Andrews Arnold Arrington Ashley Atwood Awtrey Bargeron Barrett Battle Beaman Bean Beasley Bennett of Bacon Bennett of Jeff Davis Bland Brannen Brown Brunson Bunn Burton Bush Cain Cannon Carlisle of Bibb Carlisle of Grady Cartledge Chalker
Chambers Childs Clark Clements of Marion Clements of Telfair Cochran Collier Colson Courson Cowart Cozart Crawford Crowe Cullens Culpepper of Echols Culpepper of Fayette Davis of Floyd Davis of Jackson Davis of Mitchell Davis of Troup Dixon Donaldson Dorsett Duncan Dykes Eckford Edmondson Edwards of Gilmer Edwards of Stephens Elliott Evans
Fagan Franklin Fraser Freeman Gary Gillen Graham Grayson Green Greer Griffeth Griffin of Decatur Griffin of Wilkes Gullatt Hampton Hardin Harris Harrison of Camden Harrison of Jenkins Hatcher Hawes Hodges Holt Horne Howard of Chatt'h'chee Howard of Long Hubbard of Habersham Hubbard of Wilkinson Huddleston Hutcheson Hyman
MoNDAY, AucusT 10, 1931.
1031
Irvin
Mixon
James
Montgomery
Johnson of Montgomery Mooty
Johnson of Pike
Morris
Johnson of Seminole Moye
Johnston
Mundy
Jones of Burke
Musgrove
Jones of Lumpkin
Myrick
Jones of Paulding
Nelson of Cook
Kennedy
Nelson of Laurens
Key
Oliver
Killebrew
Osteen
Kimbrough
Pace
Kimsey
Parham
King of Clay
Park
King of Newton
Patten
Lance
Paulk
Lanham
Peebles
Lanier
Phillips
Leathers
Pittard
Lester
Pope
Lewis of Gordon
Powell
Lewis of Hancock
Preston
Lindsay
Purdy
Logan
Purvis
Lord
Rabun
McElreath
Rivers
McGehee
Roberts
McKoy
Robertson
McLeod
Ross of Appling
McRae
Ross of Dodge
McWhorter
Rosser
Mallard
Sammon
Mardre
Scarbrough
Mattox
Seckinger
Maynard
Sharpe
Mercer
Shirley
Meredith
Simmons
Sims Sisk Skelton Spivey Stanton Stewart Still Stone Strickland of Douglas Strickland of Haralson Sutton Swain Tate Taylor Thomas Thomoson Thompson Tippins Townsend Trapnell Trotter Turner Waldrop walker of Ben Hill Walker of Brooks Wa.lker of Morgan Walker of Screven Wall Weeks Westbrook Whittle Wilkes Williams Wilson Wood Yawn Mr. Speaker
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the reqmstte constitutional majority the following bills of the House, to-wit:
1032
JouRNAL OF THE HousE,
By Mr. Burton of Franklin -
House Bill No. 172. A bill to be entitled an Act to make the Farmers Bank of Royston, Franklin County, a State Depository, and for other purposes.
By Messrs. Lanham and Crawford of Floyd-
House Bill No. 203. A bill to be entitled an Act to amend an Act to regulate real estate brokers and real estate salesmen, and for other purposes.
By Messrs. Davis and Lord of Jackson-
House Bill No. 274. A bill to be entitled an Act to amend an Act, approved December 18, 1901, entitled an Act to create a Board of County Commissioners for the County of Jackson, and for other purposes.
By Mr. Peebles of.Bartow and others-
House Bill No. 316. A bill to be entitled an Act to repeal an Act approved August 1, 1929, to abolish the fee system existing in the Cherokee Judicial Circuit applying to the office of Solicitor-General.
By Messrs. Peebles and McElreath of Bartow, and Lewis of Gordon-
House Bill No. 317. A bill to be entitled an Act to reduce the salary of the Solicitor-General of the Cherokee Judicial Circuit, to provide the method of payment from each county therein, and for other purposes.
By Mr. Osteen of Bryan-
House Bill No. 380. A bill to be entitled an Act to amend an Act incorporating the City of Pembroke, and for other purposes.
MoNDAY, AucusT 10, 1931.
1033
By Mr. Gullatt of Campbell-
House Bill No. 396. A bill to be entitled an Act to amend an Act approved August 7, 1920, to create a new charter for the Town of Palmetto, so as to repeal the charter of the Palmetto Board of Education, and for other purposes.
By Mr. Bush of Miller-
House Bill No. 403. A bill to he entitled an Act to amend the Act incorporating the City of Colquitt, in Miller County, and for other purposes.
By Mr. Beasley ofTattnall-
House Bill No. 441. A hill to be entitled an Act to amend an Act entitled, "An Act to create a new charter for the City of Glennville, in the County of Tattnall, approved August 21, 1911;" and for other purposes.
By Dr. Pace of Cobb-
House Bill No. 451. A bill to he entitled an Act to
amend and supersede the Act incorporating the Town of
Smyrna, in Cobb County, Georgia, and for other purposes.
By Mr. Hubbard of Habersham-
House Bill No. 453. A hill to he entitled an Act to amend an Act incorporating the City of Cornelia, in Habersham County, Georgia, approved October 22, 1887, and Act amendatory thereof.
By Mr. Scarbrough of Polk-
House Bill No. 463. A hill to he entitled an Act to amend an Act approved December 13, 1898, amending, consolidating, and superseding the several Acts incorporating th~ City -of Cedartown in the County of Polk, providing a new charter for same, and the several Acts amendatory thereof; and for .other purposes.
1034
JouRNAL OF THE HousE,
By Mr. Patten of Lanier-
Hause Bill No. 467. A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Lanier County, Georgia; to create the office of County Tax Commissioner of Lanier County, Georgia; to fix the term of office and compensation of said officer; and for other purposes.
By Mr. Harrison of Camden-
House Bill No. 488. A bill to be entitled an Act to amend an Act creating the Board of Road Commissioners of Camden County, and for other purposes.
The Senate has also passed by the requisite constitutional majority the following bill of the Senate, to-wit:
By Mr. Davis of the 31st DistrictSenate Bill No. 127. A bill to be entitled an Act to
amend the charter of the City of Toccoa.
The Senate has concurred in the House amendment to the following bill of the Senate, to-wit:
By Mr. Duckworth of the 7th District-
Senate Bill No. 4. A bill to abolish the offices of Tax Collector and Tax Receiver of Grady County and create the office of Tax Commissioner.
Mr. Hardin of Whitfield, 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.
MoNDAY, AucusT 10, 1931.
1035
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.
5. First reading of Senate bills and resolutions.
Mr. Culpepper of Fayette gave notice that at the proper time he would move that the House reconsider its action in passing House Bill No. 38.
By unanimous consent, House Bill No. 565 was recommitted to the Committee on Municipal Government.
Mr. Culpepper of Fayette moved that the House reconsider its action in passing House Bill No. 38, and the motion prevailed.
Mr. Lindsay of DeKalb moved to take from the table House Bill No. 66, and the motion prevailed.
By unanimous consent, the following bills and resolutions of the House were introduced, read the first time, and referred to the committees:
By Messrs. Beaman and Lindsay of DeKalb-
House Bill No. 578. A bill providing that all marble or granite used in the construction of any public building for the State of Georgia must be from quarries within the State of Georgia, and for other purposes.
Referred to Committee on Public Property.
1036
JouRNAL oF THE HousE,
By Mr. Stewart of Coffee-
House Bill No. 579. A bill to fix the charges, expenses and commissions of handling and selling leaf tobacco upon the floor of the warehouses, and for other purposes.
Referred to Committee on General Agriculture No.2.
By Messrs. Davis and Lord of Jackson-
House Bill No. 580. A bill to amend an Act establishing the City Court of Jefferson, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Davis and Lord of Jackson-
House Bill No. 581. A bill to provide for holding four terms a year of the Superior Court of Jackson County, and for other purposes:
Referred to Committee on Counties and County Matters.
By Messrs. Alexander, Myrick, and Grayson of Chatham-
House Bill No. 582. A bill to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Scarbrough of Polk-
House Bill No. 583. A bill to amend an Act incorporating the Town of Rockmart, and for other purposes.
Referred to Committee on Municipal Government.
By l\1r. Powell of Coweta-
House Bill No. 584. A bill to provide for the liability of an insurer to persons entitled to recover for death or
MoNDAY, AucusT 10, 1931.
1037
injury to person or property caused by the operation of the motor vehicle insured, and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Mr. Atwood of Mcintosh-
House Bill No. 585. A bill to exempt certain residents of the County of Mcintosh from live-stock license fee, and for other purposes.
Referred to Committee on Ways and Means.
By Mr. Allen of Baldwin-
House Bill No. 586. A bill to require the payment of fees of clerks and sheriffs of the Superior Court in divorce cases in certain counties, and for other purposes.
Referred to Committee on General Judiciary No.2.
By Mr. Brannen of Bulloch-
Hause Bill No. 587. A bill to amend an Act creating a City Court of Statesboro, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Cullens of Treutlen-
House Bill No. 588. A bill to prohibit goats from running at large in the County ofTreutlen, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Eckford and McRae of Fulton-
House Bill No. 589. A bill to amend an Act establishing a new charter for the City of Atlanta, and for other purposes.
Referred to Committee on Municipal Government.
1038
JOURNAL OF THE HousE,
By Mr. Eckford of Fulton-
House Bill No. 590. A bill to amend an Act establishing a new charter for the City of Atlanta, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Stewart of Coffee-
House Bill No. 591. A bill to repeal Section 1 of an Act establishing the City Court of Douglas, and for other purposes.
Referred to Committee on Counties and County Matters.
By l\1essrs. Cartledge, Lanier, and Lester of Richmond, and others-
House Bill No. 592. A bill to create the Savannah River Navigation Commission, and for other purposes.
Referred to Committee on State of the Republic.
By Mr. Still of Fulton-
House Bill No. 593. A bill to amend an Act establishing a new charter for the City of Atlanta, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Gillen of BibbHous'~ Bill No. 594. A bill to repeal an Act creating and
incorporating Greater Macon, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Almand of Walton-
House Bill No. 595. A bill making it unlawful to sell, advertise or Darter any plant seed differing in variety from that so advertised, and for other purposes.
Referred to Committee on General Agriculture No.2.
MoNDAY, AuGUST 10, 1931.
1039
By Mr. Lindsay of DeKalb-
House Bil1No.596. A bill nottopayover $100.00permonth to employees who retire on pensions, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Ross of Dodge-
House Bill No. 597. A bill to amend an Act creating a new charter for the City of Eastman, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Carlisle of Bibb-
House Resolution No. 89-593a. A resolution to relieve \V. E. Hamlin from forfeiture of surety bond, and for other purposes.
Referred to Committee on General Judiciary No.2.
By Mr. Carlisle of Bibb-
House Resolution No. 90-593b. A resolution to relieve C. A. Odom from forfeiture of surety bond, and for other purposes.
Referred to Committee on General Judiciary No.2.
By Mr. Carlisle of Bibb-
House Resolution No. 91-593c. A resolution to relieve D. Jones from forfeiture of surety bond, and for other purposes.
Referred to Committee on General Judiciary No.2.
By Mr. Carlisle of Bibb-
House Resolution No. 92-593d. A resolution to relieve Charles Davison from forfeiture of surety bond, and for other purposes.
Referred to Committee on General Judiciary No. 2.
1040
JouRNAL OF THE HousE,
By Mr. Carlisle of Bibb-
House Resolution No. 93-593e. A resolution to relieve D. I. Lee from surety bond, and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Mr. Lindsay ofDeKalb--
House Resolution No. 94-593f. A resolution authorizing the Military Department to investigate the claims of Roosevelt Henley, and for other purposes.
Referred to Committee on Military Affairs.
By Mr. Lindsay of DeKalb-
House Resolution No. 95-593g. A resolution authorizing the payment of funeral expenses of the late Hugh M. Butler, and for other purposes.
Referred to Committee on Military Affairs.
Mr. Hubbard of Wilkinson, Chairman of the Committee on Enrollment, submitted the following report:
j\1r. Speaker:
Your Committee on Enrollment has examined, found properly enrolled, signed, and ready for delivery to the Governor, the following Act, to-wit:
House Bill No. 483. An Act to provide for the use of wire fish baskets in the waters of Butts County.
Respectfully submitted,
HuBBARD of Wilkinson,
Chairman.
Mr. Allen of Baldwin County, Chairman of the Committee on General Judiciary No. 2, submitted the following report:
MoNDAY, AucusT 10, 1931.
1041
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:
House Bill No. 48 do pass.
House Bill No. 253 do pass.
House Bill No. 507 do pass as amended.
Respectfully submitted,
ALLEN of Baldwin,
Chairman.
Mr. Trotter of Taliaferro 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 bill of the House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 557 do pass.
Respectfully submitted,
TRoTTER of Taliaferro,
Chairman.
By unanimous consent, the following bills of the House, favorably reported, were read the second time:
By Mr. Dorsett of Carroll-
House Bill No. 48. A bill to repeal an Act providing for indeterminate sentences, and for other purposes.
1042
JouRNAL OF THE HousE,
By Messrs. Cartledge, Lanier, and Lester of RichmondHouse Bill No. 253. A bill to amend an Act regulating
the compensation of official stenographic reporters of Superior Courts, and for other purposes.
By Messrs. Stanton and Bunn ofWareHouse Bill No. 507. A bill to provide for the compensa-
tion of Juvenile Court Judges, in certain counties, and for other purposes.
By Mr. Eckford of FultonHouse Bill No. 557. A bill establishing a new charter
for the City of Atlanta, and for other purposes.
By unanimous consent, the following bills of the House were read the third time and placed upon their passage:
By Mr. Cain of CrispHouse Bill No. 363. A bill to be entitled an Act to amend
an Act creating a Board of County Commissioners for the County of Crisp, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, nays 0. The bill having received the requisite constitutional majority was passed.
By Mr. Key of JasperHouse Bill No. 510. A bill to be entitled an Act to re-
peal an Act incorporating the Town of Hillsboro, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
By Mr. McRae of FultonHouse Bill No. 528. A bill to amend an Act incorporat-
ing the City of Manchester under the name of College Park, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, nays 0. The bill having received the requisite constitutional majority was passed.
MoNDAY, AucusT 10, 1931.
1043
On the passage of the bill, the ayes were 112, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Freeman of Monroe-
House Bill No. 538. A bill to be entitled an Act to abolish the offices of Tax Collector and Tax Receiver in the County of Monroe, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Mardre and Cochran of Thomas-
House Bill No. 555. A bill to be entitled an Act to repeal an Act establishing a system of public schools in the Town of Boston, and for other purposes.
The report 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 Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 556. A bill to be entitled an Act to amend an Act amending the charter of the City of Augusta, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, nays 0.
1044
JouRNAL oF THE HousE,
The bill having received the requisite constitutional majority was passed.
By Mr. Morris of Atkinson-
House Bill No. 560. A bill to be entitled an Act to amend an Act creating a new charter for the Town of Willacoochee, and for other purposes.
The report 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. Musgrove of Clinch-
House Bill No. 561. A bill to be entitled an Act to change the name of the Town of Homerville to the City of Homerville, and for other purposes.
The report 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 m::~jority was passed.
By Mr. Griffeth of Oconee-
House Bill No. 562. A bill to be entitled an Act to incorporate the Town of Bogart, and for other purposes.
The report 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.
MoNDAY, AucusT 10, 1931.
1045
By Mr. Cain of Crisp-
House Bill No. 569. A bill to be entitled an Act to amend an Act creating a new charter for the Town of Arabi, and for other purposes.
The report 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.
By unanimous consent, the following bill of the Senate was read the third time and placed upon its passage:
By Mr. Williams of the 27th District-
Senate Bill No. 69. A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Walton County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 120, 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 the committees:
By Mr. Weekes of the 34th District-
Senate Bill No. 116. A bill to be known as the "Mechanics Lien Law," protecting contractors, etc., and for other purposes.
Referred to Committee on General Judiciary No. 1.
1046
JouRNAL OF THE HousE,
By Mr. Dekle of the 6th District-
Senate Bill No. 130. A bill to further amend the charter of the City of Valdosta, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Neill of the 24th District and others-
Senate Bill No. 133. A bill to reduce salaries of State employees, and for other purposes.
Referred to Committee on State of the Republic.
By Messrs. Reagan of the 35th District and Weekes of the 34th District-
Senate Bill No. 137. A bill to amend an act establishing a new charter for the City of Atlanta, and for other purposes.
Referred to Committee on Municipal Government.
Mr. Nelson of Cook, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker: Your Committee on Rules, having had under considera-
tion the calendar of the day, has fixed the following order: House Bill No. 425. House Bill No. 146. House Bill No. 155. Senate Bill No. 13. House Bill No. 86. Senate Bill No. 31.
MoNDAY, AucusT 10, 1931.
1047
House Bill No. 196.
House Bill No. 219.
The Speaker is authorized, at his pleasure during the day, to call up Senate Resolution No. 20, for consideration.
Should the order of business as fixed be exhausted before the day session ends, the Speaker is authorized to call up any Senate bill for consideration in his discretion.
Respectfully submitted,
NELSON of Cook,
Vice-Chairman.
Under the calendar set by the Committee on Rules, the following bills of the House were taken up for consideration and read the third time:
By Mr. Davis of Mitchell-
House Bill No. 425. A bill to be entitled an Act to revise laws of the State with. reference to commitments to the Georgia State Sanitarium, etc., to provide for appointment of county attorney or an attorney appointed by him, to serve on Commissions for Commitment to Milledgeville State Hospital, and appointment of guardians, as provided in an Act approved August 20, 1918, and for other purposes.
On House Bill No. 425, Mr. Harrison of Jenkins moved the previous question.
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, the ayes were 112, nays 1.
The bill having received the requisite constitutional majority was passed.
1048
JouRNAL OF THE HousE,
By unanimous consent, the bill was immediately transmitted to the Senate.
By Messrs. Hutcheson and Rosser of Walker, and others-
House Bill No. 146. A bill to be entitled an Act to amend an Act entitled "An Act for the protection of birds, fish, game, etc.," approved August 26, 1925, to prescribe the lawful open season for hunting cat-squirrels in certain mountain counties of Georgia, and for other purposes.
On House Bill No. 146, Mr. Beaman of DeKalb moved the previous question.
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, the ayes were 114, nays 0.
The bill having received the requisite constitutional majority was passed.
By unanimous consent, the bill was immediately transmitted to the Senate.
By Messrs. Lindsay and Leathers of DeKalb-
House Bill No. 155. A bill to be entitled an Act to amend an Act approved August 17, 1914. An Act to regulate the practice of the occupation of a barber; and for other purposes.
The following Committee amendment was read and adopted:
The committee moves to amend House Bill No. 155 as follows:
By striking the words and figures twenty-five ($25.00) in line nine of Section Ten, and inserting in lieu thereof the words and figures fifteen ($15.00). By striking the words
MoNDAY, AucusT 10, 1931.
1049
and figures twenty-five ($25.00) in paragraph two, line four of Section Ten, and inserting in lieu thereof the words and figures fifteen ($15.00.)
The following amendments from the floor were read and
adopted:
Mr. Cannon of Rockdale moves to amend House Bill No. 155 by striking the word and figure "seven" in Section 10, and inserting in lieu thereof the word and figure "one."
Mr. Cannon of Rockdale moves to amend House Bill No. 155 by striking Section 1 in its entirety and inserting 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 authority of the same, that it shall be unlawful for any person to follow the occupation of barbering unless he will have first obtained a certificate of registration as provided in this Act; p~ovided, however, that nothing in this Act contained shall apply to or affect any person who is now and who for the past two years has been actually engaged in said occupation and a person so engaged less than two years shall be considered an apprentice, and at the expiration of two years of such employment shall be subject to the provisions of this Act hereinafter provided.
On House Bill No. 155 and all amendments thereto, Mr. Lanier of Richmond moved the previous question.
The motion prevailed, and the main question was ordered.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill as amended, the ayes were 104, nays 18.
The bill having received the requisite constitutional majority was passed as amended.
1050
JouRNAL OF THE HousE,
By unanimous consent, the bill was immediately transmitted to the Senate.
By Mr. Hand of the 8th District~
Senate Bill No. 13. A bill to be entitled "An Act to amend Section 2112 of the Civil Code of Georgia 1910, so as to permit the use of peanut meal, peanut vine hay, peanut stem meal, peanut skins or peanut shells as ingredients of Concentrated Commercial Feeding Stuff," and for other purposes.
On Senate Bill No. 13, Mr. Harrison of Jenkins moved the previous question.
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, the ayes were 113, nays 0.
The bill having received the requisite constitutional majority was therefore passed.
By Mr. Beaman of DeKalb-
House Bill No. 86. A bill to be entitled an Act to provide that mortgages and deeds to secure debt and bills of sale executed within or without the State may be attested in the same manner as is provided for deeds of bargain and sale; and for other purposes.
By unanimous consent, the previous question was called, and the main question ordered.
The report 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.
MoNDAY, AuGUST 10, 1931.
1051
By Messrs. Dekle of the 6th District and Moore of the 47th District-
Senate Bill No. 31. A bill to be entitled an Act to amend Section 883 of the Code of 1910, Park's Code Section 1140, so as to allow the owner or holder of any equity, lien or interest in or on property that has been returned or assessed with other property for taxes, to pay the taxes assessed against such property, to secure a release of same from such lien for taxes; and for other purposes.
The following Committee amendment was read and adopted.
The committee moves to amend Senate Bill No. 31 as follows:
By striking the figures "883" in line 1 ofcaption and figures "883" in line two, Section 1, and adding in lieu thereof"1140" and by striking the words "Park's Code Section 1140" in line one of caption and wcrds "Park's Code Section 1140" in line 3 of Section l-and by striking the words "such property" in line 5 and adding in lieu thereof the following: Any one or more pieces of the property of which he is the owner or the holder of an interest, equity or lien.
The following amendment from the floor was read and adopted:
Messrs. Stone of Early and Carlisle of Bibb move to amend Senate Bill No. 31 as follows:
(1) By striking the figures "883" in line 1 of the caption and in line 2 of Section 1, and substituting in lieu thereof the figures "1140," and by striking the words and figures "Park's Code Section 1140" in line 1 of the caption and in line 3 of Section 1.
(2) By striking all of Section 1 except the first paragraph thereof, and inserting in lieu of such striken matter the following:
1052
JouRNAL oF THE HousE,
"Taxes shall be paid before any other debt, lien or claim whatsoever, and the property returned or held at the time of giving in, or after, is always subject.
"Provided, however, that it shall be lawful for any person, firm, or corporation, when returning his, their or its realty for taxation, to return any one or more tracts or parcels of land separately, that is to say, in a return with other property, but at a definite value for such separate and distinct tract or parcel; and, when so returned, upon payment being made to the proper official (or to the transferee of such tax lien) of the amount of taxes chargeable against such distinct tract or parcel, then such distinct tract or parcel shall be released from the tax lien against the property of the person making such return for the year for which such taxes were as.sessed. It is hereby made mandatory upon the person entitled to receive payment of such taxes to accept from any person interested in the tract or parcel against which such taxes are levied, the taxes charged against said distinct tract or parcel. The person accepting such payment shall execute a receipt therefor, which receipt shall describe the realty released."
On Senate Bill No. 31, Mr. Lanier of Richmond moved the previous question.
The motion prevailed, and the main question was ordered.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill as amended, the ayes were 104, nays 5.
The bill having received the requisite constitutional majority was passed as amended.
By Mr. Huddleston of Meriwether-
Hause Bill No. 196. A bill to be entitled an Act to amend an Act of the General Assembly, No. 474, approved
MoNDAY, AuGUST 10, 1931.
1053
August 17th, session 1914, and to repeal the Dairy Act, approved August 28, 1929; and for other purposes.
By unanimous consent, further consideration of House Bill No. 196 was postponed until tomorrow, August 11th.
By Mr. Key ofJasper-
House Bill No. 219. A bill to be entitled an Act to regulate out-door advertising, and for other purposes.
The following Committee substitute to House Bill No. 219 was read:
Substitute for House Bill No. 219:
By the Committee-
A BILL
An Act to regulate outdoor advertising; to prohibit the erection of advertising structures, devices, or displays within the limits of the rights of way of the public roads in this State; to prohibit the erection or maintenance of any signs, devices, or displays on private property without the written permission of the agent, lessee, or owner; to prohibit the defacing of any signs erected by the public road authorities on the public roads or highways of this State; to provide for penalties for violation of this Act, 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 no person, firm, or corporation shall erect, affix, or maintain any sign or device or advertisement of any description whatsoever within the right of way limits of any public road in this State, the right of way limits are hereby described to be any property deeded to public road authorities for public road purposes and in the absence of any deed, to be the outside construction lines, including borrow pits, ditches, and slopes, on such public roads.
1054
JOURNAL OF THE HousE,
Sec. 2. Be it further enacted that there shall be no signs of any description whatsoever erected or maintained within the right of way lines of the public roads of this State. except route markers, direction or warning signs as may be erected by or at the instance of the public road officials of this St:tte, which officials shall include the State Highway Board of Georgia and its representatives and the various county officials having charge of all public roads not included on the State Aid system.
Sec. 3. Be it further enacted that no person, firm, or corporation shall mar, deface, or in any way damage any sign erected by the public road authorities as provided in Section 2 of this Act.
Sec. 4. Be it fmther enacted that no person, firm, or corporation shall erect, affix, maintain or cause to be erected, affixed or maintained any sign in imitation or form of the road signs erected by public officials as provided in Section 2 of this Act;
Sec. 5. Be it further enacted that no person, firm, or corporation shall erect, affix, or maintain any sign, device, or advertisement upon any private property in this State without written permission of the owner of the title to said private property.
Sec. 6. Be it further enacted that no advertising sign, device, or display shall be erected, affixed, or maintained in any place or position where it obstructs a clear view from any public road in this State to any other portion of the said public road. Provided, that where any such sign, device, or display is erected, affixed, or maintained in a place or position where it does so obstruct the view of such public road or roads, then the official or officials in charge of such public road may order the removal of such sign or device by written notice to the party or parties so erecting, affixing, or maintaining, and~ if such party or parties does not remove such sign or device within thirty (30) days after such order of removal, then such public official or
MoNDAY, AucusT 10, 1931.
1055
officials may cause such sign or device to be removed and the expense of such removal may be collected from the party or parties owning or controlling such device or display in an action based on this provision and Act.
Sec. 7. Be it further enacted that any person, firm, or corporation violating the provisions of this Act shall be guilty of a misdemeanor, and upon conviction, shall be punishable under the terms and provisions of Section 1065 of the Penal Code of the State of Georgia.
Sec. 8. Be it further enacted, that all laws or parts of
laws in conflict with this Act be and the same are hereby
repealed.
The following amendments were read and adopted:
Mr. Key of Jasper moves to amend Section 5 of Committee substitute by adding after the word "owner" the words "agent or lessee."
Mr. Key of Jasper moves to amend substitute for House Bill No. 219 by inserting after the word "shall" in line three (3), Section 1 thereof, the following words, to-wit: "without the permission of the Public Road authorities having supervision over the public roads and highways herein referred to."
Mr. Battle of Muscogee moves to amend substitute for House Bill No. 219 by striking the word "written" wherever the same appears in the caption and body of said bill.
The substitute was adopted as amended.
On House Bill No. 219 and all amendments thereto, Mr. McGehee of Talbot moved the previous question.
The motion prevailed, and the main question was ordered.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.
1056
JouRNAL OF THE HousE,
On the passage of the bill by substitute as amended, the ayes were 114, nays 7.
The bill having received the requisite constitutional majority was passed by substitute as amended.
By unanimous consent, the bill was immediately transmitted to the Senate.
By Mr. McWhorter of the 50th DistrictSenate Resolution No. 20. A resolution g1vmg assent
of the State of Georgia to an Act of Congress of the United States for cooperative agricultural extension work, and for other purposes.
By unanimous consent, further consideration of Senate Resolution No. 20 was postponed until tomorrow, August 11th.
By Mr. Neisler of the 23rd DistrictSenate Resolution No. 16. A resolution to relieve D.
Coolik as surety.
By unanimous consent, the previous question was called, and the main question was ordered.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 108, nays 0.
The resolution having received the requisite constitutional majority was adopted.
Privileges of the floor were gran ted to Dr. C. C. King of Greene County, Hon. J. B. Chisholm, and Hon. L. W. Wingan.
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 9:00 o'clock.
TuESDAY, AuGuST 11, 1931.
1057
REPRESENTATIVE HALL, ATLANTA, GA.,
TuESDAY, AuGuST 11, 1931.
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 Allen Almand Andrews Arnold Arrington Ashley Atwood Awtrey Bargeron Barrett Battle Beaman Bean Beasley Bennett of Bacon Bennett of Jeff Davis Bland Brannen Brown Brunson Bunn Burton Bush Cain Cannon Carlisle of Bibb Carlisle of Grady Cartledge Chalker
Chambers Childs Clark Clements of Marion Clements of Telfair Cochran Collier Colson Courson Cowart Cozart Crawford Crowe Cullens Culpepper of Echols Culpepper of Fayette Davis of Floyd Davis of Jackson Davis of Mitchell Davis of Troup Dixon Donaldson Dorsett Duncan Dykes Eckford Edmondson Edwards of Gilmer Edwards of Stephens Elliott Evans
Fagan Franklin Fraser Freeman Gary Gillen Graham Grayson Green Greer Griffeth Griffin of Decatur Griffin of Wilkes Gullatt Hampton Hardin Harris Harrison of Camden Harrison of Jenkins Hatcher Hawes Hodges Holt Horne Howard of Chatt'h'chee Howard of Long Hubbard of Habersham Hubbard of Wilkinson Huddleston Hutcheson Hyman
1058
JouRNAL OF THE HousE,
Irvin
Mixon
James
Montgomery
Johnson of Montgomery Mooty
Johnson of Pike
Morris
Johnson of Seminole Moye
Johnston
Mundy
Jones of Burke
Musgrove
Jones of Lumpkin
Myrick
Jones of Paulding
Nelson of Cook
Kennedy
Nelson of Laurens
Key
Oliver
Killebrew
Osteen
Kimbrough
Pace
Kimsey
Parham
King of Clay
Park
King of Newton
Patten
Lance
Paulk
Lanham
Peebles
Lanier
Phillips
Leathers
Pittard
Lester
Pope
Lewis of Gordon
Powell
Lewis of Hancock
Preston
Lindsay
Purdy
Logan
Purvis
Lord
Rabun
McElreath
Rivers
McGehee
Roberts
McKoy
Robertson
McLeod
Ross of Appling
McRae
Ross of Dddge
McWhorter
Rosser
Mallard
Sammon
Mardre
Scarbrough
Mattox
Seckinger
Maynard
Sharpe
Mercer
Shirley
Meredith
Simmons
Sims Sisk Skelton Spivey Stanton Stewart Still Stone Strickland of Douglas Strickland of Haralson Sutton Swain Tate Taylor Thomas Thomoson Thompson Tippins Townsend Trapnell Trotter Turner Waldrop Walker of Ben Hill Walker of Brooks Walker of Morgan Walker_of Screven Wall Weeks Westbrook Whittle Wilkes Williams Wilson Wood Yawn Mr. Speaker
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker: The Senate has passed as amended by the reqms1te
constitutional majority the following bills of the House, to-wit:
TuESDAY, AuGUST 11, 1931.
1059
By Mr. Osteen of Bryan-
House Bill No. 480. A bill to regulate fishing tn the waters of Bryan County.
By Messrs. Crawford, Lanham, and Davis of Floyd-
House Bill No. 500. A bill to fix the compensation for Board of Commissioners of Floyd County.
The Senate has also passed by the requisite constitutional majority the following resolution of the Senate, to-wit:
By l\lr. Reagan of the 35th District-
Senate Resolution No. 50. A resolution approving and confirming the action of the vVestern and Atlantic Railroad Commission in making a modified contract in respect to improvements on the present depot site of the vVestern and Atlantic Railroad in Atlanta.
The Senate has concurred in the House amendments to the following bill of the Senate, to-wit:
By Mr. Duckworth of the 7th District-
Senate Bill No. 4. A bill to abolish the office of Tax Receiver and Tax Collector of Grady County, and create the office of Tax Commissioner.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requlSlte constitutional majority the following bill and resolutions of the House, to-wit:
1060
JouRNAL OF THE HousE,
By Mr. Barrett of White-
House Resolution No. 16. A resolution to furnish certain law books to clerk of County Court of White County.
By Messrs. Carlisle, Park, and Gillen of Bibb-
House Resolution No. 22. A resolution to furnish certain books to the Bibb County Library.
By Mr. Mixon of Irwin-
House Resolution No. 26. A resolution to authorize the librarian to furnish certain reports to Irwin County Superior Court.
By Messrs. Alexander, Grayson, and Myrick of Chatham-
House Resolution No. 27. A resolution for the relief of L. W. Hall as surety for Frank Holmes.
By Messrs. Alexander, Grayson, and Myrick of Chatham-
House Resolution No. 28. A resolution for the relief of W. F. Cardinal as surety for James Houston.
By Mr. Childs of Taylor-
House Resolution No. 29. A resolution to furnish certain books to Taylor County Library.
By Messrs. Lindsay, Leathers, and Beaman of DeKalb-,-
House Resolution No. 32. A resolution to relieve Geo. L. Trimble as surety for Q. C. Jordan.
By Messrs. Westbrook of Dougherty, Turner of Brooks, and others-
House Resolution No. 69. A resolution memorializing Congress to solicit cooperation of Federal Farm Board in behalf of turpentine-gum farming.
TuESDAY, AucusT 11, 1931.
1061
By Mr. Childs of Taylor-
House Bill No. 408. A bill to amend an Act establishing a new charter for the Town of Reynolds.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker: The Senate has passed by the reqmstte constitutional
majority the following bills of the Senate, to-wit:
By Messrs. Knabb of the 4th District, Harris of the 18th District, Pratt of the 41st District, and others-
Senate Bill No. 140. A bill to be entitled an Act to revise and amend the Forestry Laws and the Laws of Geology, and for other purposes.
By Mr. Duckworth of the 7th DistrictSenate Bill No. 102. A bill to provide the time for filing
Bills of Exception in the Supreme Court and Court of Appeals.
By Mr. Reagan of the 35th DistrictSenate Bill No. 128. A bill to amend the laws relating
to the issuance of marriage licenses.
By Mr. Neill of the 24th DistrictSenate Bill No. 149. A bill to change the time of meet-
ing of the Board of Commissioners of Roads and Revenues of Muscogee County.
By Mr. Neill of the 24th DistrictSenate Bill No. 150. A bill to abolish the Muscogee
Asylum for the Poor.
1062
JouRNAL oF THE HousE,
The Senate has also passed by the requisite constitutional majority the following resolution of the Senate, to-wit:
By Mr. McWhorter of the 50th District-
Senate Resolution No. 48. A resolution for the relief
of J. F. Wilkinson as surety.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the reqms1te constitutional majority the following bills of the Senate, to-wit:
By Messrs. Stark of the 43rd District and Harris of the 18th District-
Senate Bill No. 138. A bill to provide for the issuance of certificates of registration to qualified voters9
By Messrs. McKenzie of the 48th District, Courson of the 16th District, and others-
Senate Bill No. 136. A bill to 'regulate the practice of the occupation of a barber in certain cities.
By Messrs. West of the 11th District and McWhorter of the 50th District-
Senate Bill No. 96. A bill to prescribe conditions and regulations under which common carriers by motor are permitted to operate.
Mr. Hardin of Whitfield, 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, AuousT 11, 1931.
1063
The Journal was confirmed.
Mr. Nelson of Cook, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules, having had under consideration the calendar of the day, has fixed the following order:
Senate Resolution No. 20. Capper Resolution. House Resolution 191-A. W. and A. Resolution. House Bill No. 230. Regulation of Salaries of State Employees, etc. Senate Bill No. 33. Classification Tax Act. Senate Bill No. 18. Fish and Game License Bill. House Bill No. 357. Allowing Prisoners Credit for Time in Jail.
House Bill No. 169. Act to Simplify Divorces.
House Bill No. 241. Regulating CampaignExpenses.
Senate Bill No. 1. Regulating Primaries.
House Bill No. 428. Veto of Appropriation Bill by Governor.
House Bill No. 429. Budget Bill.
The Speaker is authorized to call up at his pleasure during the day House Bill No. 113 and House Bill No. 431, and House Resolution No. 72-505a.
Respectfully submitted,
NELSON of Cook,
Vice-Chairman.
1064
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.
5. First reading of Senate bills and resolutions.
By unanimous consent, House Bill No. 409 was withdrawn from the Committee on Municipal Government, read the second time and recommitted.
By unanimous consent, the following bill of the House was read the second time and recommitted:
By Messrs.. Alexander, Grayson, and Myrick of chatham-
House Bill No. 582. 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, and for other purposes.
Mr. Lewis of Hancock asked unanimous consent that House Bills Nos. 184 and 185 be placed on the calendar for the purpose of disagreeing with the report of the committee, which was unfavorable to their passage, and the request was granted.
By unanimous consent, the following bills of the House were read the second time and recommitted:
By Messrs. Davis and Lord of JacksonHouse Bill No. 580. A bill to be entitled an Act to
TuESDAY, AuousT 11, 1931.
1065
amend an Act establishing the City Court of Jefferson, and for other purposes.
By Messrs. Davis and Lord of Jackson-
House Bill No. 581. A bill to be entitled an Act to provide for holding four terms a year of the Superior Court of Jackson County.
Mr. Mooty of Troup asked. unanimous consent that Senate Bill No. 134 be placed on the calendar for the purpose of disagreeing to the report of the committee, which was unfavorable to its passage, and the request was granted.
By unanimous consent, the following bills and resolutions of the House were introduced, read the first time, and referred to committees:
By Mr. Swain of Warren-
House Bill No. 598. A bill to amend an Act providing for the election of marshals of the City of Warrenton, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Swain of Warren-
House Bill No. 599. A bill to provide that the salary of Mayor of Warrenton be increased, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Bland of Stewart-
House Bill No. 600. A bill to allow the filing and bringing of an action for divorce where both plaintiff and defendant are living in this State at time of filing suit, and for other purposes.
Referred to Committee on General Judiciary No. 1.
1066
JouRNAL OF THE HousE,
By Mr. Bland of Stewart-
House Bill No. 601. A bill to amend an Act creating the office of Commissioner of Roads and Revenue for Stewart County, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Bland of Stewart-
House Bill No. 602. A bill to exempt the property of vVomans' Clubs from taxation, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Alexander of Chatham and others-
House Bill No. 603. A bill to provide for the definition, taxation, and classification of peddlers, and for other purposes.
Referred to Committee on Ways and Means.
By Mr. Patten of Lanier-
Hause Bill No. 604. A bill to repeal an Act creating a Board of Commissioners of Roads and Revenues for Lanier County, and for other purposes.
Referred to Committee on Special Judiciary.
By l\1~. Patten of Lanier--
Hause Bill No. 605. A bill to create the office of Commissioner of Roads and Revenue of Lanier County, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Adams of Towns-
House Bill No. 606. A bill to authorize ordinaries of certain counties to use funds arising from the allocation
TuESDAY, AuousT 11, 1931,
1067
of gasoline tax monies in retiring highway bonds, and for other purposes.
Referred to Committee on Public Highways.
By Mr. Walker of Ben Hill-
House Bill No. 607. A bill to create a county depository for Ben Hill County, and for other purposes.
Referred to Committee on Corporations.
By Mr. Walker of Ben Hill-
House Bill No. 608. A bill for laying, assessing, and collecting a tax on net incomes, and for other purposes.
By Mr. Eckford of Fulton-
House Bill No. 609. A bill to amend an Act establishing a new charter for the City of Atlanta, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Clements of Telfair-
Hause Bill No. 610. A bill to abolish the Board of Commissioners of Roads and Revenues for Telfair County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Clements of Telfair-
Hause Bill No. 611. A bill to provide for the office of Commissioner of Roads and Revenues of Telfair County, and for other purposes
Referred to Committee on Counties and County Matters.
1068
JouRNAL OF THE HousE,
By Mr. Clements of Telfair-
Hause Bill No. 612. A bill to amend the charter of the Town of Lumber City, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Fraser of Liberty-
House Bill No. 613. A bill to provide that the State Highway Board shall consist of ten members, and for other purposes.
Referred to Committee on Public Highways.
By Mr. Scarbrough of Polk-
House Bill No. 614. A bill providing that in certain counties of this State all qualified voters may vote for County School Superintendent, and for other purposes.
Referred to Committee on Education.
By Messrs. Lanier and Lester of Richmond-
House Bill No. 615. A bill to amend the Health Laws of the State of Georgia, and for other purposes.
Referred to Committee on Hygiene and Sanitation.
By Mr. McRae of Fulton-
House Bill No. 616. A bill to amend an Act creating a new charter for the City of Atlanta, and for other purposes.
Referred to Committee on Municipal Government.
TuESDAY, AucusT 11, 1931.
1069
By Mr. Leathers of DeKalb-
House Resolution No. 96-615a. A resolution to prevail on all publishers who hold contracts with the State for text-books, to establish a joint book depository, and for other purposes.
Referred to Committee on Education.
By Mr. Walker of Ben Hill-
House Resolution No. 97-615b. A resolution to relieve
a bail-bond signed by J. B. Seanor and J. Casper, and for
other purposes.
Referred to Committee on Corporations.
Mr. Lewis of Hancock 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:
Senate Bill No. 134 do not pass.
Respectfully submitted,
LEWIS of Hancock,
Chairman.
Mr. Collier of Madison County, Chairman of the Committee on State of the Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of the Republic has had under consideration the following bill of the House and has in-
1070
JouRNAL OF THE HousE,
structed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 592 do pass as amended. Respectfully submitted, CoLLIER of Madison, Chairman.
By unanimous consent, the following bill of the House, favorably reported, was read the second time:
By Messrs. Cartledge, Lanier, and Lester of Richmond and others-
House Bill No. 592. A bill to create the Savannah River Navigation Commission, and for other purposes.
By unanimous consent, the following bill of the House was read the third time and placed upon its passage:
By Mr. Eckford of Fulton-
House Bill No. 557. A bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta so as to provide a Civil Service Commission for said city, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 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 third time and placed upon their passage:
TuESDAY, AuGUST 11, 1931.
1071
By Mr. Williams of the 27th District-
Senate Bill No. 68. A bill to be entitled an Act to amend an Act providing for a charter for the City of Monroe, and for other purposes.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
. On the passage of the bill as amended, the ayes were
118, nays 0.
The bill having received the requisite constitutional majority was passed as amended.
By Mr. Dekle of the 6th District-
Senate Bill No. 117. A bill to be entitled an Act to repeal an Act amending an Act establishing a Board of Commissioners of Roads and Revenues for the County of Habersham (Lowndes), and for other purposes.
The report cif 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. Dekle of the 6th District-
Senate Bill No. 125. A bill to be entitled an Act to amend an Act amending the original Act creating the City Court of Valdosta, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 117, nays 0.
The bill having received the requisite constitutional majority was passed.
1072
JouRNAL OF THE HousE,
By unanimous consent, the following bill of the Senate was read the first time and referred to the Committee on Municipal Government:
By Mr. Davis of the 31st District-
Senate Bill No. 127. A bill to amend the charter of the City of Toccoa, and for other purposes.
Under the order af business established by the Rules Committee, the following bills and resolutions of the House and Senate were taken up for consideration and read the third time:
By Mr. Whittle of Upson-
House Bill No. 431. A bill to be entitled an Act to amend an Act approved August 25, 1927, entitled an Act to regulate banking, etc., found in Georgia Laws of 1927, page 195, by changing the minimum capital required therein; and for other purposes.
By unanimous consent, the previous question was called, 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, the ayes were 117, nays 0.
The bill having received the requisite constitutional majority was passed.
By unanimous consent, the bill was immediately transmitted to the Senate.
By Mr. McWhorter of the 50th District-
Senate Resolution No. 20. A resolution g1vmg assent of the State of Georgia to an Act of Congress of the United States for cooperative agricultural work, and for other purposes.
TuESDAY, AucusT 11, 1931.
1073
On Senate Resolution No. 20, Mr. Westbrook of Dougherty moved the previous question.
The motion prevailed, and the main question was ordered.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 121, nays 1.
The resolution having received the requisite constitutional majority was adopted.
Mr. Arnold of Clarke arose to a question of personal privilege and addressed the House.
By Mr. Lewis of Hancock-
House Resolution No. 72-505a. A resolution authorizing the lOth District A. & M. School to deed land, and for other purposes.
On House Resolution No. 72-505a, Mr. Lindsay of DeKalb moved the previous question.
The motion prevailed, and the main question was ordered.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 118, nays 0.
The resolution having received the requisite constitutional majority was adopted.
By Messrs. Eckford, McRae, and Still of Fulton, and Gullatt of Campbell-
House Resolution No. 25-191a. A resolution for the purpose of extending the authority and powers of the Western and Atlantic Rail Road Commission and for the
1074
JouRNAL OF THE HousE,
purpose of ratifying and confirming the Act of said commission with reference to lease of depot site in Atlanta, and for other purposes.
The following amendment was read and adopted:
Mr. Davis of Mitchell moves to amend House Resolution No. 25-191a as follows:
By adding at the end of the last paragraph thereof, and to become a part of said paragraph the following:
Provided, that nothing herein shall be construed as a ratification of any Act of said commission not authorized by the Act of the General Assembly of Georgia, approved the 24th day of August, 1929, creating said commission and defining its powers, except the extension of time within which to begin and complete the construction of said proposed building on the depot site described in said Act, the reduction of the required cost of said building, the change in the size and/or plans and specifications thereof, the requirements of security and the deposit of securities and the giving of guarantees for performance of the contract as modified, and any other provisions of the contract
safeguarding the interests of the Western & Atlantic Rail-
road and the State of Georgia; and provideq further that if there is in said original or modified contracts any stipulation or agreement or covenant that would in any event or manner in any way annul or impede or interfere with the unimpaired right of the State of Georgia at or upon the termination of its present lease of the \\Testern & Atlantic Railroad to the Nashville, Chattanooga & St. Louis Railway to lease or release to any lessee or to take possession of the \Vestern & Atlantic Railroad properties, subject only to existing rights of said lessee of said depot site, then any such stipulations or agreements or covenants are not hereby approved and ratified.
On House Resolution No. 25-191a and all amendments thereto, Mr. Key of Jasper moved the previous question.
TuESDAY, AucusT 11, 1931.
1075
The motion prevailed, and the main question was ordered.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.
On the adoption of the resolution as amended, the ayes were 121, nays 6.
The resolution having received the requlSlte constitutional majority was adopted as amended.
By unanimous consent, the resolution was immediately transmitted to the Senate.
By Messrs. Huddleston of Meriwether and Johnson of Seminole-
House Bill No. 230. A bill to be entitled an Act to prescribe the manner in which salaries, costs and/or expenses of or for any department, institution or branch or agency of the government of the State of Georgia shall be recorded, and for other purposes.
On House Bill No. 230, Mr. Mooty of Troup moved the previous question.
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, the ayes \Yc:-,; 118, nays 0.
The bill having received the requisic c:ms~i~:..Itional majority was passed.
By Messrs. Davis and Mooty of Troup-
House Bill No. 113. A bill to be entitled an Act to reapportion the members of the House of Representatives among the several counties of this State, according to the last census of the United States, and for other purposes.
1076
JouRNAL oF THE HousE,
The following amendment to House Bill No. 113 was read and adopted: Mr. Mooty of Troup moves to amend House Bill No. 113 by striking the word "Whitfield" where the same occurs in the Section (1) thereof and inserting therein the word "Dougherty." Said section when amended shall allow Dougherty County two representatives in the Lower House and Whitfield County one representative in said body.
By unanimous consent, the previous question was called on House Bill No. 113 as amended, and the main question was ordered.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill as amended, the ayes were 107, nays 0.
The bill having received the requisite constitutional majority was passed as amended.
By Messrs. McWhorter of the 50th District and Moore of the 47th District-
Senate Bill No. 33. A bill to be entitled an Act to propose to the people of the State of Georgia to amend Paragraph One of Section Two of Article Seven of the Constitution of the State of Georgia so as to authorize the General Assembly to classify intangible property and forest lands for taxation, and for other purposes.
On Senate Bill No. 33, Mr. Westbrook of Dougherty moved the previous question.
Mr. Dykes of Dooly moved to table Senate Bill No. 33.
Mr. Rosser of Walker moved that the House do now adjourn, and the motion was lost.
The motion to table was lost.
The motion for the previous question prevailed, and the main question was ordered.
TuESDAY, AucusT 11, 1931.
1077
The following Committee substitute for Senate Bill No. 33 was read:
A BILL
To be en ti tied an Act to propose to the qualified voters of the State of Georgia an amendment to Paragraph One (1), Section Two (2) of Article Seven (7) of the Constitution of the State of Georgia so as. to authorize the General Assembly to classify intangible property for taxation and to adopt different rates and methods for taxing different classes of such property; to exempt forest lands from taxation; to limit the State tax on real estate and tangible personal property, 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 Paragraph One (1) of Section Two (2) of Article Seven (7) of the Constitution of the State of Georgia be and the same is hereby amended by striking all of said paragraph and inserting in lieu thereof as Paragraph One (1), Section Two (2) of Article Seven (7) of said Constitution, the following, to-wit:
1. All taxes shall be levied and collected under general laws and for public purposes only. All taxation shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax. Classes of subjects for taxation of property shall consist of tangible property, and one or more classes of intangible personal property including money. The General Assembly shall have the power to classify intangible property including money for taxation and to adopt different rates and different methods for different classes of such property. If intangibles be taxed ad valorem the rate for all purposes shall not exceed five mills on each dollar of the assessed value thereof. Taxes realized from intangibles may be prorated to the State and to the local taxing units in such manner and proportions and by such methods as the General
1078
JouRNAL OF THE HousE,
Assembly may from time to time provide, but no tax shall be levied or collected on intangible property including money except by the State.
2. The General Assembly shall also have the power to exempt from taxation for a period of years forest lands devoted to growing timber and impose thereon a deferred or yield tax or such other tax as may be prescribed by the General Assembly when forest products grown on such lands are fit for marketing or are yielding an income to the owner.
3. Property taxes for State purposes, levied ad valorem on real and tangible personal property after the thirty-first (31st) day of December Nineteen Hundred Thirty-three (1933), shall not exceed four mills for the year 1934, three mills for the year 1935 and two mills for each year thereafter, provided, however, that the right of the State to tax persons and property of all kinds and classes in case of war, invasion, insurrection, or other extraordinary catastrophe, shall be and remain unlimited.
Sec. 2. Be it further enacted by the authority aforesaid that when this amendment shall be agreed to by a two-thirds vote of the members elected to each House, it shall be entered upon the Journal of each House with the "ayes" and "nays" thereon, and shall be published in one or more newspapers in each Congressional District in the State for two months previous to the time for holding the next general election, and, at the next general election, shall be submitted to the people for ratification. All persons voting at said election in favor of adopting said proposed amendment to the Constitution shall have written or printed on their ballots the words: "For ratification of amendment to Paragraph One (1), Section Two(2), Article Seven (7) of the Constitution authorizing classification of intangible property for taxation and the adoption of different rates and methods for different classes of such property, to exempt forest lands from taxation, and to
TuESDAY, AuGUST 11, 1931.
1079
limit the State ad valorem tax;" and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words: "Against ratification of amendment to Paragraph One (1), Section Two (2), Article Seven (7) of the Constitution authorizing the classification of intangible property for taxation and the adoption of different rates and methods for different classes of such property, to exempt forest lands from State taxation, and to limit the State ad valorem tax;" and if the majority of the electors qualified to vote for members of the General Assembly voting thereon shall vote for ratification thereof, when the returns shall be consolidated as now required by law in elections for members of the General Assembly, and return thereof made to the Governor, then he shall declare said amendment adopted and make proclamation of the results of said election by one insertion in one of the daily papers of this State, declaring the amendment ratified.
Sec. 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
The following amendments to the Committee substitute for Senate Bill No. 33 were read and adopted:
Messrs. Meredith of Muscogee and Park of Bibb move to amend the substitute for Senate Bill No. 33 by striking from Section 1 of said substitute Subsection 3 in its entirety.
Mr. Eckford of Fulton moves to amend the Committee substitute for Senate Bill No. 33, subparagraph numbered 1 of House substitute of Senate Bill No. 33, by striking the word "may" in the thirteenth line between the words "intangibles" and the word "be," and by inserting in lieu thereof the word "shall."
Mr. Simmons of Decatur moves to amend the Committee substitute for Senate Bill No. 33 by striking therefrom Paragraph 2 of Section 1 thereof in its entirety.
1080
JouRNAL OF THE HousE,
By unanimous consent, the Committee substitute for Senate Bill No. 33 was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.
The bill involving an amendment to the Constitution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Allen Almand Andrews Amold Arrington Atwood Awtrey Bargeron Battle Beaman Bean Beasley Bennett of Bacon Bennett of .Jeff Davis Bland Brannen Brunson Bunn Burton Bush Cain Cannon Carlisle of Bibb Carlisle of Grady Cartledge Chambers Childs Clark Clements of Marion Clements of Telfair Cochran Collier
Colson Courson Cowart Cozart Crawford Culpepper of Echols Culpepper of Fayette Davis of Floyd Davis of .Jackson Davis of Mitchell Davis of Troup Dixon Donaldson Dorsett Duncan Dykes Eckford Edmondson Edwards of Gilmer Edwards of Stephens Elliott Evans Fagan Franklin Fraser Gary Gillen Graham Grayson Green Greer Griffeth Griffin of Wilkes Gullatt
Hampton Hardin Harris Harrison of Camden Harrison of .Jenkins Hatcher Hawes Hodges Holt Home Howard of Chatt'h'chee Howard of Long Hubbard of Habersham Hubbard of Wilkinson Huddleston Hutcheson Irvin .James Johnson of Montgomery .Johnson of Pike .Johnson of Seminole .Johnston .Jones of Burke .Jones of Paulding Kennedy Key Killebrew Kimbrough Kimsey King of Clay King of Newton Lance Lanham Lanier
TuESDAY, AucusT 11, 1931.
1081
Leathers Lester Lewis of Hancock Lord McElreath McGehee McLeod McRae McWhorter Mallard Mardre Mattox Maynard Mercer Meredith Mixon Montgomery Mooty Morris Moye Mundy Musgrove Nelson of Cook Nelson of Laurens Oliver Pace Parham
Park Patten Paulk Peebles Phillips Pittard Pope Powell Preston Purdy Purvis Rabun Rivers Roberts Robertson Ross of Appling Rood of Dodge Rosser Sammon Scarbrough Seckinger Shirley Simmons Sims Sisk Skelton
Spivey Stewart Still Strickland of Douglas Strickland of Haralson Sutton Swain Tate Thomas Thomoson Thompson Townsend Trapnell Trotter Turner Waldrop Walker of Ben Hill Walker of Brooks Walker of Screven Wall Weeks Westbrook Whittle Wilson Wood Yawn
Those voting m the negative were Messrs.:
Barrett Hyman
LindoaY Myrick
Taylor Walker of Morgan
Those not voting were lVIessrs.:
Ashley Brown Chalker Crowe Cullens Edwards of Lowndes Freem>n
Griffin of Decatur Jones of Lumpkin Lewis of Gordon Logan McKoy Osteen Sharpe
Stanton Stone Tippins Wilkes Williams Mr. Speaker
By unanimous consent, the verification of the was dispensed with.
roll call
On the passage of the bill by substitute as amended, the ayes were 181, nays 6.
1082
JouRNAL OF THE HousE,
The bill having received the requisite two-thirds constitutional majority of all the members elected to the House was passed by substitute as amended.
Mr. Pope of Toombs moved that the House do now adjourn, and the motion was lost.
By Mr. Watson of the 3rd District-
Senate Bill No. 18. A bill to be entitled an Act to amend an Act approved August 26, 1925, and being "An Act for the protection of birds, fish, game, and fur-bearing animals;" to establish seasons for hunting game; to establish bag limits; and for other purposes.
On Senate Bill No. 18, Mr. Spivey of Emanuel moved the previous question.
The motion prevailed, and the main question was ordered.
The following Committee substitute for Senate Bill No. 18 was read:
Substitute for Senate Bill No. 18.
By the Committee-
A BILL
To be entitled an Act to amend an Act approved August 26, 1925, and being "An Act for the protection of birds, fish, game, and fur-bearing animals;" to establish seasons for hunting game; to establish bag limits; authorizing the Commissioner of Game and Fish to prohibit the hunting of deer in certain counties; authorizing the Commissioner of Game and Fish to issue permits to trap quail for propagation purposes; to provide a closed season on grouse; to provide penalties for hunting with-
TuESDAY, AuousT 11, 1931.
1083
out license and for other violations of this Act; to repeal conflicting laws; and for other purposes.
Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, that Sections 2 and 3 of an Act, approved August 26, 1925, and being "An Act for the protection of birds, fish, game, and fur-bearing animals," is hereby repealed, and the following is established as the lawful open seasons for hunting game birds and animals in Georgia, to-wit: bobwhite quail from November 15th to February 15th, inclusive; woodcock and summer or wood-duck from September 1st to December 31st, inclusive; snipe from November 1st to January 31st, inclusive; marsh hens from September 1st to November 30th, inclusive; migratory duck and wild geese from November 1st to January 31st, inclusive; wild turkeys from November 15th to February 15th, inclusive; deer from November 15th to January 15th, inclusive; doves from September 1st to September 30th, inclusive, and from November 20th to January 31st, inclusive; cat-squirrels from November 15th to February 15th, inclusive; provided, however, that in the Counties of Dade, Dawson, Catoosa, Chattooga, Fannin, Gilmer, Gordon, Habersham, Lumpkin, 1\'iurr~y, Pickens, Rabun, Stephens, Towns, Union, Walker, White, and Whitfield, the open season on cat-squirrels shall be from August 15th to January 15th, inclusive.
Any person who shall hunt, kill or destroy by any means whatever or have in his possession any of the above named birds or animals, except between the respective dates above specified, shall be guilty of a misdemeanor; provided, however, that three days may be allowed to consume game killed during the legal open season.
Sec. 2. Be it further enacted by the authority aforesaid, that during the open seasons specified in the preceding section, it shall be unlawful to kill more than two [2] male deer or two [2] wild turkey during any one season,
1084
JouRNAL OF THE HousE,
or fifteen [15] cat-squirrels, twenty [20] quail, fifteen [15] ducks of all species in the aggregate, eight [8] geese, four [4] wood-cock, twenty [20] snipe or twenty-five [25] game birds of any other species on any one day. The killing of a female deer is prohibited at all times.
Sec. 3. Be it further enacted by the authority aforesaid, that the Commissioner of Game and Fish is authorized and shall be required to prohibit the hunting of deer in any county of this State upon the recommendation and request of two successive grand juries of such county; provided, however, that any official order issued by the said commissioner, pursuant to the authority herein vested, shall specify the number of years during which said closed season on deer shall remain in force. Such order shall not become effective in any county until it has been published once a week for four consecutive weeks in a newspaper of general circulation in said county.
Sec. 4. Be it further enacted by the authority aforesaid, that in order to encourage the propagation and increase of bobwhite quail in Georgia, the Commissioner of Game and Fish is authorized to issue permits authorizing the trapping of quail for propagation purposes only. All traps used for trapping quail under authority of special permits issued pursuant to this section shall have securely attached thereto a metal tag to be prescribed by the Commissioner of Game and Fish indicating that th.e trap used has been duly authorized. Permits shall be issued only upon the payment of one dollar [$1.00] for each trap used. All persons operating or maintaing traps without obtaining the permit as herein provided shall be guilty of a misdemeanor, and it shall be the duty of all game wardens and other representatives of the Department of Game and Fish to destroy all traps used in violation of this section.
Sec. 5. Be it further enacted by the authority aforesaid, that the hunting or killing of ruffed grouse, otherwise known as "':ative pheasant" shall be prohibited for
TuESDAY, AucusT 11, 1931.
1085
a period of five [5] years from the passage of this Act; provided, however, that persons stocking their own lands with non-native pheasants may permit the hunting of same on their own premises from November 20th to February 15th, inclusive.
Sec. 6. Be it further enacted by the authority aforesaid, that any person who shall fail to procure the license to hunt as required of him by law and who shall fail to carry such license, on his person, while hunting, shall be guilty of a misdemeanor and upon conviction shall be punished as prescribed in Section 27 of an Act approved August 26, 1925, known as "An Act for the protection of birds, fish, game, and fur-bearing animals."
Sec. 7. Be it further enacted by the authority aforesaid, that any person violating any of the provisions of this Act shall be guilty of a misdemeanor and upon conviction shall be punished as prescribed in Section 27 of an Act approved August 26, 1925, known as "An Act for the protection of birds, fish, game, and fur-bearing animals."
Sec. 8. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith are hereby repealed.
The following amendments to the Committee substitute for Senate Bill No. 18 were read and adopted:
Messrs. Lester, Lanier, and Cartledge of Richmond, Evans of McDuffie, and Weeks of Columbia move to amend the substitute: to Senate Bill No. 18, by adding to line eighteen (18) of Section 1, immediately after the word Whitfield in said line the words, "Richmond, Columbia, and McDuffie," so that said section after amended will include these counties.
Messrs. Davis, Crawford, and Lanham of Floyd moye to amend substitute to Senate Bill No. 18 by inserting in line 16 of Section 1 the word "Floyd" immediately following the word "Fannin" so as to include the County of Floyd in said bill.
1086
JouRNAL OF THE HousE,
Messrs. Taylor and Hyman of Washington, Purvis of Jefferson, and Lewis of Hancock, move to amend Section 2 of substitute to Senate Bill No. 18 by adding after the word Whitfield in line 18 the words Washington, Jefferson, and Hancock.
Mr. Howard of Long moves to amend the substitute to Senate Bill No. 18 by striking from the 12th line in Section 1 of said bill, the following words, January 15th, and inserting in lieu thereof the words, January 1st.
Messrs. Beasley of Tattnall, Spivey and Williams of Emanuel, Thomas of Wayne, Andrews of Crawford, Donaldson and Brannen of Bulloch, Seckinger of Effingham, Tippins of Evans, move to amend the substitute to Senate Bill No. 18 by adding after the word Whitfield in Section 1 the Counties of Wayne, Crawford, Effingham, Emanuel, Tattnall, Bulloch, and Evans, so that when amended these counties will be included.
Dr. Howard of Chattahoochee proposes to add Chattahoochee County to those counties listed in the amendment, (after Whitfield in Section 1 of Senate Bill No. 18).
Mr. Griffin of Wilkes moves to amend the substitute to Senate Bill No. 18 by adding to line eighteen (18) of Section 1, immediately after the word Whitfield in said line the word Wilkes, so that said section after amended will include said County of Wilkes.
Mr. Thomas of Wayne moves to amend Committee substitute to Senate Bill No. 18 by striking from Section 1 thereof the following words "cat-squirrels from November 15th to February 15th, inclusive," and inserting in lieu thereof the following words, "cat-squirrels from October 1st to February 1st, inclusive."
Mr. Jones of Paulding moves to amend substitute for Senate Bill No. 18 by adding after the word Whitfield in Section No. 1 the word Paulding.
TuESDAY, AucusT 11, 1931.
1087
Messrs. McElreath and Peebles of Bartow, and Lanham and Crawford of Floyd, move to amend substitute for Senate Bill No. 18, Section 1, as follows: That it shall not be lawful to kill any deer in the confines of Bartow and Floyd Counties for a period of five years from the passage of this Act.
Mr. Trotter of Taliaferro moves to amend substitute to Senate Bill No. 18, Section 1, by adding after the word Whitfield in line 18 the word Taliaferro.
By unanimous consent, the Committee substitute for Senate Bill No. 18 was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to, as amended.
On the passage of the bill by substitute as amended, the ayes were 128, nays 3.
The bill having received the requisite constitutional majority was passed by substitute as amended.
Privileges of the floor were granted to Rev. J. R.
Webb of Ware County, Prof. C. W. Peacock of Walker County, Hon. Marion Reynolds of Richmond County, Messrs. M. G. Pound, W. H. Maxwell, and G. L. Dickens, ofHancock County.
Mr. Wall of Putnam moved that the House do now adjourn, and the motion prevailed.
Leave of absence was granted to Mr. Griffeth of Oconee.
The Speaker announced the House adjourned until tomorrow morning, at 9:00 o'clock.
1088
JouRNAL or THE HousE,
REPRESENTATIVE HALL, ATLANTA, GA., WEDNESDAY, AucusT 12,~1931.
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 Allen Almand Andrews Arnold Arrington Ashley Atwood Awtrey Bargeron Barrett Battle Beaman Bean Beasley Bennett of Bacon Bennett of Jeff Davis Bland Brannen Brown Brunson Bunn Burton Bush Cain Cannon Carlisle of Bibb Carlisle of Grady Cartledge Chalker
Chambers Childs Clark Clements of Marion Clements of Telfair Cochran Collier Colson Courson Cowart Cozart Crawford Crowe Cullens Culpepper of Echols Culpepper of Fayette Davis of Floyd Davis of Jackson Davis of Mitchell Davis of Troup Dixon Donaldson Dorsett Duncan Dykes Eckford Edmondson Edwards of Gilmer Edwards of Stephens Elliott Evans
Fagan Franklin Fraser Freeman Gary Gillen Graham Grayson Green Greer Griffeth Griffin of Decatur Griffin of Wilkes Gullatt Hampton Hardin Harris Harrison of Camden Harrison of Jenkins Hatcher Hawes Hodges Holt Horne Howard of Chatt'h'chee Howard of Long Hubbard of Habersham Hubbard of Wilkinson Huddleston Hutcheson Hyman
WEDNESDAY, AUGUST 12, 1931.
1089
Irvin
Mixon
James
Montgomery
Johnson of Montgomery Mooty
Johnson of Pike
Morris
Johnson of Seminole Moye
Johnston
Mundy
Jones of Burke
Musgrove
Jones of Lumpkin Myrick
Jones of Paulding
Nelson of Cook
Kennedy
Nelson of Laurens
Key
Oliver
Killebrew
Osteen
Kimbrough
Pace
Kimsey
Parham
King of Clay
Park
King of Newton
Patten
Lance
Paulk
-Lanham
Peebles
Lanier
Phillips
Leathers
Pittard
Lester
Pope
Lewis of Gordon
Powell
Lewis of Hancock
Preston
Lindsay
Purdy
Logan
Purvis
Lord
Rabun
McElreath
Rivers
McGehee
Roberts
McKoy
Robertson
McLeod
Ross of Appling
McRae
Ross of Dodge
McWhorter
Rosser
Mallard
Sammon
Mardre
Scarbrough
Mattox
Seckinger
Maynard
Sharpe
Mercer
Shirley
Meredith
Simmons
Sims Sisk Skelton Spivey Stanton Stewart Still Stone Strickland of Douglas Strickland of Haralson Sutton Swain Tate Taylor Thomas Thomoson Thompson Tippins Townsend Trapnell Trotter Turner Waldrop Walker of Ben Hill Walker of Brooks Walker of Morgan Walker of Screven Wall Weeks Westbrook Whittle Wilkes W1ll1ams Wilson Wood Yawn Mr. Speaker
Mr. Hardin of Whitfield, 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.
1090
JouRNAL OF THE HousE,
The Journal was confirmed.
Mr. Nelson of Cook, Vice-Chairman of the Committee on Rules, submitted the following report: Mr. Speaker:
Your Committee on Rules, having had under consideration the calendar of the day, has fixed the following order:
House Bill No. 357. Credit for Prisoners in Jail. House Resolution No. 73-515a. Bond Forfeiture. Senate Bill No. 45. School Code Commission Bill. House Bill No. 369. Abolishing A. and M. Schools. House Bill No. 428. Veto. App. Bill by Governor. House Bill No. 429. Budget Bill. Senate Bill No. 27. Compensation Law Bill. Senate Bill No. 35. Game and Fish Bill. Senate Resolution No. 43. Code Bill. Senate Bill No. 61. Regulation of Rail Road Crossings. House Bill No. 49. The Burgin Bill. House Bill No. 434. Payment of Proceeds of Life Insurance.
Respectfully submitted, NELSON of Cook, Vice-Chairman.
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.
WEDNESDAY, AUGUST 12, 1931.
1091
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.
5. First reading of Senate bills and resolutions.
By unanimous consent, House Bill No. 585 was withdrawn from the Committee on Ways and Means and recommitted to the Committee on Counties and County Matters.
By unanimous consent, the following bill of the House was taken up for the purpose of considering the Senate Amendment thereto:
By Messrs. Crawford, Lanham, and Davis of Floyd-
House Bill No. 500. A bill to be entitled an Act to fix the compensation of and for Board of Commissioners of Floyd County, Georgia, and for other purposes.
The Senate Committee on Counties and County Matters moves to amend House Bill No. 500 by adding after the word "County" in line 2 of Section 5 of said Act the following words "and or County Manager and or Superintendent and or Clerk of the Board."
The amendment was agreed to.
By unanimous consent, the following bills and resolution of the House were introduced, read the first time, and referred to the committees:
By Mr. Elliott of HenryHouse Bill No. 617. A bill to provide for the use of wire
1092
JouRNAL OF THE HousE,
baskets m the waters of Henry County, and for other purposes.
Referred to Committee on Game and Fish.
By Mr. Preston of Walton-
House Bill No. 618. A bill providing that the County School Superintendent may reside in the county site of counties having a certain population, and for other purposes.
Referred to Committee on Education.
By Mr. Thompson of Barrow-
House Bill No. 619. A bill providing that the County School Superintendent may reside in the county site of counties having a certain population, and for other purposes.
Referred to Committee on Education.
By Messrs. Almand and Preston of Walton-
House Bill No. 620. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Walton County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Spivey and Williams of Emanuel-
House Bill No. 621. A bill to amend an Act creating the City Court of Swainsboro, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Musgrove of Clinch-
House Bill No. 622. A bill to require certain county officers in counties having a certain population to make monthly financial statements, and for other purposes.
Referred to Committee on Counties and County Matters.
WEDNESDAY, AUGUST 12, 1931.
1093
By Messrs. Crawford, Davis, and Lanham of Floyd-
House Bill No. 623. A bill to amend the Code by providing that the County School Superintendent shall not be required to be a voter in that part of the county in which he has jurisdiction, and for other purposes.
Referred to Committee on Education.
By Mr. Lewis of GordonHouse Bill No. 624. A bill to amend an Act creating the
office of Commissioner of Roads and Revenues of Gordon County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Yawn of Dodge---
House Bill No. 625. A bill to abolish the offices of Tax Receiver and Tax Collector of Dodge County, and for other purposes.
Referred to Co.mmittee on Counties and County Matters.
By Messrs. Oliver and Lance of Hall-:-
House Bill No. 626. A bill to repeal an Act creating a charter for the Town of Belmont, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Howard of Long-
House Bill No. 627. A bill to amend an Act establishing the City Court of Ludowici, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Gillen, Carlisle, and Park of Bibb-
House Bill No. 628. A bill to amend the charter of the City of Macon, and for other purposes.
Referred to Committee on Municipal Government.
1094
JouRNAL OF THE HousE,
By Messrs. Jones of Lumpkin and Cullens of Treutlen-
House Bill No. 629. A bill to create a Racing Commission, and for other purposes.
Referred to Committee on State of the Republic.
By Messrs. Crawford, Davis, and Lanham of Floyd-
House Resolution No. 98-629a. A resolution to provide for a commission to purchase the Hearn Academy property for the School for the Deaf.
Referred to Committee on School for the Deaf.
Mr. Walker 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 and resolution of the House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 607 do pass.
House Resolution No. 97-615 do pass.
Respectfully submitted,
WALKER of Ben Hill, Chairman.
Mr. Andrews of Crawford County, Chairman of the Committee on Counties 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 House and
WEDNESDAY, AuousT 12, 1931.
1095
has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 612 do pass. House Bill No. 611 do pass. House Bill No. 594 do pass. House Bill No. 591 do pass. House Bill No. 610 do pass. House Bill No. 588 do pass. House Bill No. 587 do pass. House Bill No. 581 do pass. House Bill No. 580 do pass. House Bill No. 572 do pass.
Respectfully submitted, ANDREWS of Crawford, 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 and resolution of the House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 577. An Act providing for residence of County School Superintendent any wherein the county. Do pass.
House Bill No. 494. An Act requiring physical examination before teachers are allowed to teach in our public schools. Do pass by Committee substitute.
1096
JouRNAL oF THE HousE,
House Resolution No. 96-615. A resolution to prevail on all publishers who hold contracts with the State for textbooks, to establish a joint book depository. Do pass.
Respectfully submitted,
DAVIS of Floyd,
Chairman.
Mr. Hubbard of Wilkinson, Chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker:
Your Committee on Enrollment has examined, found properly enrolled, signed, and ready for transmission to the Governor, the following Acts and Resolutions, to-wit:
House Bill No. 62. An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Terrell.
House Bill No. 272. An Act to amend an Act establishing the City Court of Jesup.
House Bill No. 289. An Act to amend an Act incorporating the City of Nahunta.
House Bill No. 273. An Act to amend an Act abolishing the office of County Treasurer of Jackson County.
House Bill No. 290. An Act to abolish the offices of Tax Receiver and Tax Collector of Brantley County.
House Bill No. 174. An Act to amend an Act establishing the City Court of Carrollton.
House Bill No. 259. An Act to abolish the office of Tax Collector and Tax Receiver in Coffee County.
House Bill No. 299. An Act to create a Board of Commissioners of Roads and Revenues of Wilkinson County.
WEDNESDAY, AuausT 12, 1931.
1097
House Bill No. 233. An Act to repeal an Act entitled "Atkinson County Tax Commissioner Referendum."
House Bill No. 257. An Act to abolish the office of Tax Receiver and Tax Collector of Franklin County.
House Bill No. 167. An Act providing that all property of Campbell County shall become the property of Fulton County.
House Bill No. 242. An Act to amend an Act so as to reduce the incorporate limits of the Town of Waynesboro.
House Bill No. 285. An Act to amend the charter of the City of Columbus.
House Bill No. 298. An Act to repeal an Act creating a Board of Commissioners of Roads and Revenues for the County of Wilkinson.
House Bill No. 296. An Act to amend an Act chartering the City of Pearson.
House Bill No. 254. An Act to amend an Act creating a new charter for the City of Ludowici.
House Bill No. 320. An Act to amend an Act establishing a charter for the City of Gordon.
House Bill No. 308. An Act to increase the number of terms of the Superior Court of Catoosa County, and for other purposes.
House Bill No. 240. An Act to amend an Act incorporating the Town of Jenkinsburg.
House Bill No. 11. An Act to amend the Code so as to eliminate the inequalities of the inheritance laws.
House Bill No. 39. An Act to fix the salary of the Solicitor-General of the Macon Judicial Circuit.
House Bill No. 306. An Act to amend the Act establishing a system of public schools in the town of L1.wrenceville.
1098
JouRNAL OF THE HousE,
House Bill No. 13. An Act to amend the Constitution to entitle persons upon the payment of poll tax to qualify as electors.
House Bill No. 6. An Act to abolish the offices of Tax Collector and Tax Receiver of Wayne County.
House Bill No. 123. An Act to amend an Act creating the City Court of Gray.
House Bill No. 282. An Act to repeal an Act requiring live-stock dealers in Liberty County to register and pay tax.
House Bill No. 314. An Act to abolish the offices of Tax Receiver and Tax Collector of webster County.
House Bill No. 50. An Act to amend an Act creating the City Court of Miller County.
House Bill No. 427. An Act to amend the Act incorporating the Town of Thomasville.
House Bill No. 458. An Act fixing the time for holding Superior Court in Colquitt County.
H(luse Bill No. 394. An Act to enable the City of LaGrange to increase its bonded indebtedness.
House Bill No. 284. An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Turner County.
House Bill No. 377. An Act to create a new charter for the City of Folkston.
House Bill No. 351. An Act to amend an Act establishing a new charter for the City of Winder.
House Bill No. 346. An Act to amend an Act creating a charter for the City of Zebulon.
House Bill No. 392. An Act to repeal an Act amending the charter of the City of Augusta.
WEDNESDAY, AuGusT 12, 1931.
1099
House Bil~ No. 465. An Act to repeal an Act prescribing the jurisdiction of the County Court of Lanier County.
House Bill No. 486. An Act to abolish the office of Treasurer of Emanuel County.
House Bill No. 108. An Act to amend an Act excluding road duties in certain counties.
House Bill No. 462. An Act to amend the charter of the City of Rockmart.
House Bill No. 433. An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Hart.
House Bill No. 401. An Act to amend the charter of the Town of Dillard.
House Bill No. 384. An Act to abolish the offices of Tax Receiver and Tax Collector of Decatur County.
House Bill No. 339. An Act to create the office of County Treasurer of White County.
House Bill No. 318. An Act to establish the City Court of Irwinton.
House Bill No. 265. An Act to abolish the offices of Tax Collector and Tax Receiver of Evans County.
House Bill No. 412. An Act to amend an Act relative to the Board of Commissioners of Roads and Revenues of Heard County.
House Bill No. 143. An Act to put 10,000 names in the jury box of Fulton County.
House Bill No. 124. An Act providing that the alternative road law shall not app]y in certain counties.
House Bill No. 375. An Act to amend an Act incorporating the Town of Carnegie.
1100
JouRNAL OF THE HousE,
House Bill No. 439. An Act to amend an Act creating a
new charter for the City of East Point.
-
House Bill No. 340. An Act amending the City Court of Quitman.
House Bill No. 358. An Act to change the time of holding Superior Court in Grady County.
House Bill No. 386. An Act to amend an Act creating a Board of Commissioners of Roads and Revenues of Richmond County.
House Bill No. 295. An Act to provide that the alternative four days road law shall not be operative in certain counties.
House Bill No. 293. An Act to consolidate the offices of Tax Receiver and Tax Collector of Terrell County.
House Bill No. 10. An Act to amend the Code relative to taxes for county purposes in certain counties.
House Bill No. 383. An Act to amend an Act relative to the salary of the Treasurer of Decatur County.
House Bill No. 319. An Act to abolish the County Court of Wilkinson County.
House Bill No. 191. An Act to amend an Act relative to the issuance of trappers licenses.
House Bill No. 415. An Act to repeal an Act providing for the selection of the Board of Commissioners of Roads and Revenues for Burke County.
House Bill No. 440. An Act to amend an Act creating a new charter for the City of East Point.
House Bill No. 390. An Act to amend an Act authorizing the City Council of the City of Augusta to fix the salary of the mayor of said city.
House Bill No. 456. An Act to amend the charter of the Town of Trion.
WEDNESDAY, AUGUST 12, 1931.
1101'
House Bill No. 464. An Act to abolish the office of County Surveyor of Lanier County.
House Bill No. 454. An Act to. amend the charter of the City of Rossville.
House Bill No. 382. An Act to amend an Act to establish the City Court of Bainbridge.
House Bill No. 404. An Act to amend an Act establishing a city court of Jesup.
House Bill No. 474. An Act to repeal an Act incorporating the Town of Box Springs.
House Bill No. 323. An Act to create a Bo~rd of Commissioners of Roads and Revenues for Coffee County.
House Bill No. 500. An Act to fix the compensation of the Board of Commissioners of Floyd County.
House Resolution No. 18. A resolution to relieve E. J.
Johnson as surety on a bond.
House Resolution No. 44. A resolution to use cotton paper except in certain instances.
Respectfully submitted,
HuBBARD of Wilkinson,
Chairman.
Mr. Rabun of Jefferson County, Chairman of the Committee on General Agriculture No. 2, submitted the following report:
N/r. Speaker:
Your Committee on General Agriculture 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:
1102
JouRNAL OF THE HousE,
House Bill No. 595 do pass. House Bill No. 579 do pass.
Respectfully submitted, RABUN of Jefferson, Chairman.
Mr. Lewis of Hancock 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 instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 576 do pass by substitute.
Respectfully submitted,
LEwis of Hancock,
Chairman.
Mr. Key of Jasper County, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 516 do pass.
Respectfully submitted,
KEY of Jasper,
Chairman.
WEDNESDAY, AuGUST 12, 1931.
1103
Mr. Simmons of Decatur County, Chairman of the Committee on Manufactures, submitted the following report:
Mr. Speaker:
Your Committee on Manufactures 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:
House Bill No. 541 do not pass.
Respectfully submitted,
SIMMONs of Decatur,
Chairman.
Mr. Fagan of Peach County, Vice-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 vice-chairman, to report the same back to the House with the recommendation that:
House Bill No. 582 do pass.
House Bill No. 409 do pass as amended.
House Bill No. 590 do pass.
House Bill No. 565 do pass as amended.
House Bill No. 593 do not pass.
House Bill No. 566 do pass.
Respectfully submitted,
FAGAN of Peach, Vice-Chairman.
1104
JouRNAL OF THE HousE,
Mr. Beasley of Tattnall 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:
House Bill No. 606 do pass.
Respectfully submitted,
BEASLEY of Tattnall,
Chairman.
Mr. Tippins of Evans County, Chairman of the Committee on Railroads, submitted the following report:
Mr. Speaker:
Your Committee on Railroads 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 that:
House Bill No. 60 do not pass. House Bill No. 446 do pass as amended. Senate Bill No. 119 do pass.
Respectfully submitted, TIPPINS of Evans, Chairman.
Mr. Crawford of Floyd County, Chairman of the Committee on Special Judiciary, submitted the following report:
WEDNESDAY, AucusT 12, 1931.
1105
Mr. Speaker: Your Committee on Special Judiciary has had under con-
sideration the following bills of the House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 602 do pass. House Bill No. 601 do pass. House Bill No. 542 do pass. House Bill No. 604 do pass. House Bill No. 605 do pass.
Respectfully submitted, CRAWFORD of Floyd, Chairman.
By unanimous consent, the following bills and resolutions of the House, favorably reported, were read the second time:
By Messrs. Alexander, Grayson, and Myrick of Chatham-
House Bill No. 446. A bill to provide a limitation for the coflection of charges on Intrastate shipments due common carriers, and for other purposes.
By Messrs. Pace of Cobb, Wall of Putnam, and Lindsay of DeKalb-
House Bill No. 494. A bill relating to the physical fitness of school teachers, and for other purposes.
By Mr. Almand of Walton-
House Bill No. 516. A bill to limit civil liability of owners and operators of motor vehicles, and for other purposes.
1106
JouRNAL oF THE HousE,
By Mr. Bush of Miller-
House Bill No. 542. A bill to repeal sections of the Code relating to persons subject to road duty, and for other purposes.
By Messrs. Alexander, Grayson, and Myrick of Chatham-
House Bill No. 566. A bill to provide for the granting of certain marsh lands in the Savannah River to the Mayor and Aldermen of the City of Savannah, and for other purposes.
By Mr. Dixon of Pierce-
House Bill No. 572. A bill to amend an Act creating the office of Road Commissioner of Pierce County, and for other purposes.
By Mr. Stanton of Ware-
House Bill No. 576. A bill to amend the Code relating to the security given by State depositories, and for other purposes.
By Mr. Lindsay of DeKalb-
House Bill No. 577. A bill to amend the Code relative to the residence of County School Superintendent, and for other purposes.
By Mr. Stewart of Coffee-
House Bill No. 579. A bill to fix the charges, expenses, and commissions of handling and selling leaf tobacco upon the floor of the Vi../arehouses, and for other purposes.
By Mr. Brannen of Bulloch-
Hause Bill No. 587. A bill to amend an Act creating the City Court of Statesboro, and for other purposes.
WEDNESDAY, AuGUST 12, 1931.
1107
By Mr. Cullens of Treutlen-
House Bill No. 588. A bill to prohibit goats from running at large. in the County of Treutlen, and for other purposes.
By Mr. Eckford of Fulton-
House Bill No. 590. A bill to amend an Act establishing a new charter for the City of Atlanta, and for other purposes.
By Mr. Stewart of Coffee-
House Bill No. 591. A bill to repeal sections of an Act establishing the City Court of Douglas, and for other purposes.
By Mr. Gillen of Bibb-
House Bill No. 594. A bill to repeal an Act creating and incorporating Greater Macon, and for other purposes.
By Mr. Almand of Walton-
House Bill No. 595. A bill making it unlawful to sell, advertise or barter any seed differing in variety from that so advertised, and for other purposes.
By Mr. Bland of Stewart-
House Bill No. 601. A bill to am::n.i an Act creating the office of Commissioner of RoaJs and Revenues of Stewart County, and for other purposes.
By Mr. Patten of Lanier-
Hause Bill No. 604. A bill to repeal an Act creating a Board of Commissioners of Roads and Revenues for the County of Lanier, and for other purposes.
By Mr. Patten of LanierHause Bill No. 605. A bill to create the office of Com-
1108
JouRNAL OF THE HousE,
missioner of Roads and Revenue of Lanier County, and for other purposes.
By Mr. Adams of Towns and others-
House Bill No. 606. A bill to authorize ordinaries of certain counties to use funds arising from the allocation of gasoline tax monies in retiring highway bonds, and for other purposes.
By Mr. Walker of Ben Hill-
House Bill No. 607. A bill creating a county depository for Ben Hill County, and for other purposes.
By Mr. Clements of Telfair-
Hause Bill No. 610. A bill to abolish the Board of Commissioners of Roads and Revenues of Telfair County, and for other purposes.
By Mr. Clements of Telfair-
Hause Bill No. 611. A bill to provide for the office of Commissioner of Roads and Revenues of Telfair County, and for other purposes.
By Mr. Clements of Telfair-
Hause Bill No. 612. A bill to amend the charter of the Town of Lumber City, and for other purposes.
By Mr. Leathers of DeKalb-
House Resolution No. 96-615a. A resolution to prevail on all publishers who hold contracts with the State for text-books, to establish a joint book depository, and for other purposes.
By Mr. Walker of Ben HillHouse Resolution No. 97-615b. A resolution to relieve
WEDNESDAY, AucusT 12, 1931.
1109
J. B. Seanor and J. Casper a .bail-bond, and for other pur-
poses.
By Mr. Bland of Stewart-
House Bill No. 602. A bill to exempt from taxation the property of \Vomen's Clubs, and for other purposes.
By unanimous consent, the following bill of the Senate, favorably reported, was read the second time:
By Mr. Weekes of the 34th District-
Senate Bill No. 119. A bill to prescribe a period of limits within which to institute actions for the recovery of charges on intrastate shipments, carriers, and for other purposes.
By unanimous consent, the following bills of the House were read the third time and placed upon their passage:
By Messrs. Alexander, Grayson, and Myrick of Chatham-
House Bill No. 409. A bill to be entitled an Act to revise, alter," and amend the several acts relating to and incorporating the Mayor and Councilmen of the Town of Tybee, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 565. A bill to be entitled an Act to amend the charter of the City of Augusta, and for other purposes.
1110
JouRNAL OF THE HousE,
The following Committe~ amendment was read and adopted.
The Committee moves to amend House Bill No. 565 as follows:
(1) By striking from line eight (8) of Section Three the words "same to" and inserting in place thereof "which shall," and inserting on said line eight, after the period of said line eight (8) the words: "Before coming effective."
(2) After the last word of Section Two (2) which last word is the word "Commission" the following: Provided the said Commission shall not obligate the City Council of Augusta to the expenditure of any of said City of Augusta's money without the consent of said City Council and its approval.
(3) By adding a section to be numbered as Section Thirteen (13) to-wit: Until plans of development are submitted by said Canal Commission and approved by said City Council the said City Council shall have the right to lease or develop said canal.
(4) By renumbering all sections of said bill after Section (7) Seven as it now appears therein; to-wit: Section Eight (8), then the next section, Section Nine (9), and then consecutively thereafter.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill as amended, the ayes were 108, nays 0.
The bill having received the requisite constitutional majority was passed as amended.
By Messrs. Davis and Lord of Jackson-
House Bill No. 581. A bill to be entitled an Act to provide for holding four terms a year of the Superior Court of Jackson County, and for other purposes.
WEDNESDAY, AucusT 12, 1931.
1111
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Alexander, Grayson, and Myrick of ChathamHouse Bill No. 582. 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, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Davis and Lord of JacksonHouse Bill No. 580. A bill to be entitled an Act to es-
tablish the City Court of Jefferson County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0.
The bill having received the requisite constitutional majority was passed.
By unanimous consent, the following bills and resolutions of the Senate were read the first time and referred to the committees:
By Mr. McWhorter of the 50th DistrictSenate Resolution No. 48. A resolution for the relief of
J. F. Wilkinson as surety, and for other purposes.
Referred to Committee on General Judiciary No. 1.
1112
JouRNAL OF THE HousE,
By Mr. Reagan of the 35th District-
Senate Resolution No. 50. A resolution that the modified contract of theW. & A. Commission in respect to improvements on the present depot site, be ratified, approved, and confirmed, and for other purposes.
Referred to Committee on Western and Atlantic Railroad.
By Messrs. West of the 11th District and McWhorter of the 50th District-
Senate Bill No. 96. A bill to prescribe conditions and regulations under which common carriers by motor are permitted to operate, and for other purposes.
Referred to Committee on Public Highways.
By Mr. Duckworth of the 7th District-
Senate Bill No. 102. A bill to provide for time of filing bills of exception in the Supreme Court and Court of Appeals, and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Mr. Reagan of the 35th District-
Senate Bill No. 128. A bill to amend the laws relating to issuing marriage licenses, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. McKenzie of the 48th District and others-
Senate Bill No. 136. A bill to amend an Act regulating the practice of the occupation of a barber, and for other purposes.
Referred to Committee on Hygiene and Sanitation.
WEDNESDAY, AuGUST 12, 1931.
1113
By Messrs. Stark of the 43rd District and Harris of the 18th District-
Senate Bill No. 138. A bill to provide for issuance of certificates of registration to qualified voters, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Knabb of the 4th District and others-
Senate Bill No. 140. A bill to revise and amend the forestry laws and the laws pertaining to geology, and for other purposes.
Referred to Committee on State of the Republic.
By Mr. Neill of the 24th District-
Senate Bill No. 149. A bill to change the time of meeting of the Board of Commissioners of Roads and Revenues of Muscogee County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Neill of the 24th District-
Senate Bill No. 150. A bill to abolish the Muscogee Asylum for the Poor, and for other purposes.
Referred to Committee on Counties and County Matters.
Under the order of business established by the Rules Committee, the following bills and resolution of the House and Senate were taken up for consideration, and read the third time:
By Mr. Thompson of Worth-
House Bill No. 357. A bill to be entitled an Act to prescribe the date from which the execution of sentences, imposed in criminal cases, shall be computed, and for other purposes.
1114
JouRNAL oF THE HousE,
By unanimous consent, the previous question was called, and the main question was ordered.
The following Committee amendment was read and adopted:
Amend by adding after word "sentence" in the 7th line, Section 1, the following: "Provided, the defendant is confined in jail or otherwise incarcerated, and has no appeal or motion for new trial pending."
And by adding at end of Section 1:
"Provided, the defendant is not at liberty under bond, but is incarcerated or in custody of the sheriff of the county where convicted."
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill as amended, the ayes were 114, nays 0.
The bill having received the requisite constitutiona majority was passed as amended.
By Mr. McRae of Fulton-
House Resolution No. 73-515a. A resolution to authorize the repayment of a bond forfeiture to S. M. Davis, surety.
By unanimous consent, the previous question was called, and the main question was ordered.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 112, nays 0.
The resolution having received the requisite constitutional majority was therefore adopted.
WEDNESDAY, AucusT 12, 1931.
1115
By Mr. Peterson of the 15th District-
Senate Bill No. 45. A bill to be entitled an Act to amend Section 9 of Article VIII of a certain Act approved August 19, 1919, same appearing in the Acts of 1919 at page 291 thereof, by striking therefrom the qualifications therein specified for three of the appointees to the State Board of Education, to repeal conflicting laws, and for other purposes.
On Senate Bill No. 45, the Committee substitute, and all amendments thereto, Mr. Rosser of \Valker moved the previous question.
Mr. Hyman of Washington moved to table Senate Bill No. 45, the Committee substitute, and all amendments thereto.
On the motion to table, the ayes were 88, nays 29, and the motion prevailed.
By Mr. Collier of Madison-
House Bill No. 369. A bill to be entitled an Act to abolish the 4th District A. & M. School, the Ga. Vocational and Trades School, Georgia Industrial College, 7th District A. & M. School, 8th District A. & M. School, 9th District A. & M. School, and lOth District A. & M. School, as State Institutions, and for other purposes.
On House Bill No. 369, Mr. Taylor of Washington moved the previous question.
Mr. Dykes of Dooly moved to table House Bill No. 369.
Mr. Lewis of Hancock 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:
Those voting in the affirmative were Messrs.:
Adams Alexander Almand
Andrews Arnold Ashley
Atwood Awtrey Barrdtt
1116
JouRNAL oF THE HousE,
Beaman
Hutcheson
Peebles
Bean
Johnson of MontgomeryPhillips
Bennett of Jeff Davis Johnston
Pittard
Brannen
Jones of Lumpkin Preston
Brown
Jones of Paulding Purdy
Brunson
Kennedy
Purvis
Cartledge
Kimbrough
Robertson
Chalker
Kimsey
Rosser
Clark
King of Newton
Sammon
Crawford
Lanham
Scarbrough
Davis of Troup
Lester
Shirley
Donaldson
Lewis of Gordon
Sisk
Dorsett
Lewis of Hancock
Stewart
Dykes
Lindsay
Strickland of Haralson
Edmondson
Logan
Tate
Edwards of Stephens McElreath
Thompson
Elliott
McKoy
Townsend
Franklin
McWhorter
Turner
Green
Mallard
Walker of Ben Hill
Griffin of Wilkes
Moye
Walker of Morgan
Hardin
Myrick
Westbrook
Horne
Oliver
Whittle
Hubbard of Habersham Pace
Williams
Huddleston
Those voting in the negative were Messrs.:
Arrington Battle Bennett of Bacon Bland Bunn Bush Cain Carlisle of Bibb Carlisle of Grady Chambers Childs Clements of Marion Cochran Collier Colson Courson Cowart Cozart Crowe
Cullens Culpepper of Echols Culpepper of Fayette Davis of Jackson Dixon Duncan Eckford Evans Fagan Fraser Graham Greer Griffin of Decatur Hampton Harris Harrison of Jenk"ns Hatcher Hawes Hodges
Holt Howard of Chatt'h'chee Howard of Long Hubbard of W;lkinson Hyman
James Johnson of Pike Johnson of Seminole Killebrew King of Clay Lance Lanier Leathers Lord McGehee McRae Mardre Mattox Mercer
WEDNESDAY, AuGUST 12, 1931.
1117
Meredith Mooty Mundy Nelson of Cook Nelson of Laurens Osteen Parham Park Patten Paulk Pope Powell
-Rabun
Sutton
Rivers
Swain
Roberts
Taylor
Ross of Appling
Thomas
Ross of Dodge
Trapnell
Seckinger
Trotter
Sharpe
Waldrop
Simmons
Walker of Brooks
Sims
Walker of Screven
Skelton
Weeks
Spivey
Wilson
Strickland of Douglas Yawn
Those not voting were Messrs.:
Allen Bargeron Beasley Burton Cannon Clements of Telfair Davis of Floyd Davis of Mitchell Edwards of Gilmer Edwards of Lowndes Freeman
Gary
Gillen Grayson Griffeth Gullatt Harrison of Camden Irvin Jones of Burke Key McLeod Maynard Mixon Montgomery
The roll call was verified.
Morris Musgrove Stanton Still Stone Thomoson Tippins Wall Wilkes Wood Mr. Speaker
On the motion to table, the ayes were 79, nays 93, and the motion was lost.
Mr. Lewis of Hancock moved that the House reconsider its action in failing to table the bill.
On the motion to reconsider, Mr. Lewis of Hancock moved the ayes and nays.
Mr. Lewis of Hancock moved that the House do now adjourn, and the motion was lost.
On the call for the previous question, Mr. Dykes of Dooly moved the ayes and nays, and the call was sustained.
The roll call was ordered and the vote was as follows:
1118
JouRNAL oF THE HousE,
Those voting in the affirmative were Messrs.:
Arnold Bargeron Battle Beasley Bennett of Bacon Bunn Cain .Carlisle of Bibb Carlisle of GradY Childs Clark Clements of Marion Cochran Collier Colson Courson Cowart Cozart Cullens Culpepper of Echols Davis of :Jackson Duncan
. Eckford
Fraser Greer
Hampton
Patten
Hardin
Paulk
Howard of Chatt'h'chee Rabun
Howard of Long
Rivers
Hyman
Roberts
:James
Ross of Appling
:rohnson of Seminole Seckinger
Killebrew
Sharpe
Lance
Simmons
Lanier
Sims
Lester
Spivey
Logan
Stanton
Lord
Sutton
Mardre
Swain
Mattox
Tate
Mercer
Taylor
Meredith
Thomas
Mixon
Trapnell
Mooty
Trotter
Morris
Waldrop
MundY
Walker of Brooks
Nelson of Cook
Walker of Screven
Osteen
Weeks
Parham
Williams
Park
Those voting in the negative were Messrs.:
Adams Alexander Allen Almand Andrews Arrington Atwood Awtrey Barrett Beaman Bean Bennett of :Jeff Davis Bland Brannen . Brunson Cartledge
Chalker Chambers Crawford Culpepper of Fayette Davis of Troup Dixon Donaldson Dorsett Dykes Edwards of Stephens Elliott Evans Fagan Franklin Graham Green
Griffin of Wilkes Harris Harrison of Camden
Harrison of :renkins
Hatcher Hawes Hodges Holt Horne Hubbard of Habersham Hubbard of Wilkinson Huddleston Hutcheson
:rohnson of Montgomery
:Johnson of Pike :Jones of Lumpkin
WEDN_ESDAY, AucusT 12, 1931.
1119
Jones of Paulding Kennedy Kimbrough Kimsey King of Clay King of Newton Lanham Leathers Lewis of Gordon Lewis of Hancock Lindsay McElreath McGehee McKoy McWhorter Mallard
Moye Myrick Oliver Pace Peebles Phillips P.ttard Pope Powell Preston Purdy
Purvis Robertson Ross of Dodge Rosser Scarbrough
Shirley Sisk Skelton Stewart Strickland of Douglas Strickland of Haralson Thompson Townsend Turner Walker of Ben Hill Walker of Morgan Westbrook Whittle Wilson Wood Yawn
Those not voting were "Messrs.:
Ashley Brown Burton Bush Cannon Clements of Telfair Crowe Davis of Floyd Davis of Mitchell Edmondson Edwards of Gilmer Edwards of Lowndes Freeman
Gary
Gillen Grayson Griffeth Griffin of Decatur Gullatt Irvin Johnston Jones of Burke Key McLeod McRae
Maynard Montgomery Musgrove Nelson of Laurens Sammon Still Stone Thomoson Tippins Wall Wilkes Mr. Speaker
By unanimous consent, the verification of the roll call was dispensed with.
On the motion for the previous question, the ayes were 74, nays 96, and the motion was therefore lost.
Mr. Lewis of Hancock moved that further consideration of House Bill No. 369 be indefinitely postponed.
On House Bill No. 369, Mr. Leathers of DeKalb moved the previous question.
Privileges of the floor were granted to Hon. J. Ryan
Johnson of Richmond County, Hon. C. T. Greyton of
ll20
JouRNAL oF THE Hol!sE,
Effingham County, Hon. E. E. Murphy of Richmond County, Dr. H. W. Shaw of Richmond County, Hon. J. L. Sumner and the Hon. C. D. McCutchen, Jr. of Whitfield County.
Mr. Rosser of \Valker moved that the House do now adjourn, the motion prevailed, and House Bill No. 369 and all amendments thereto went over as unfinished business with a motion for the previous question pending.
Leave of absence was granted to Mr. Gary of Quitman.
The Speaker announced the House adjourned until tomorrow morning, at 9:00 o'clock.
THURSDAY, AuGUST 13, 1931.
1121
REPRESENTATIVE HALL, ATLANTA, GA.
THuRsDAY, AuGusT 13, 1931.
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 Representative Adamsiof Towns County.
The roll was called and the following members answered to their names:
Adams Alexander Allen Almand Andrews Arnold Arcington Ashley Atwood Awtrey Bargeron Barrett Battle Beaman Bean Beasley Bennett of Bacon Bennett of Jeff Davis Bland Brannen Brown Brunson Bunn Burton Bush Cain Cannon Carlisle of Bibb Carlisle of Grady Cartledge
Chalker Chambers Childs Clark Clements of Marion Clements of Telfair Cochran Collier Colson Courson Cowart Cozart Crawford Crowe Cullens Culpepper of Echols Culpepper of Fayette Davis of Floyd Davis of Jackson Davis of Mitchell Davis of Troup Dixon Donaldson Dorsett Duncan Dykes Eckford Edmondson Edwards of Gilmer Edwards of Stephens
Elliott Evans Fagan Franklin Fraser Freeman Gary
Gillen Graham Grayson Green Greer Griffeth Griffin o'f Decatur Griffin of Wilkes Gullatt Hampton Hardin Harris Harrison of Camden Harrison of Jenkins Hatcher Hawes Hodges Holt Horne Howard of Chatt'h'chee
Howard of Long ll
Hubbard of Habersham Hubbard of Wilkinson
1122
JouRNAL OF THE HousE,
Huddleston
Meredith
Hutcheson
Mixon
Hyman
Montgomery
Irvin
Mooty
James
Morris
Johnson of Montgomery Moye
Johnson of Pike
Mundy
Johnson of Seminole Musgrove
Johnston
Myrick
Jones of Burke
Nelson of Cook
Jones of Lumpkin
Nelson of Laurens
Jones of Paulding
Oliver
Kennedy
Osteen
Key
Pace
Killebrew
Parham
Kimbrough
Park
Kimsey
Patten
King of Clay
Paulk
King of Newton
Peebles
Lance
Phillips
Lanier
Pittard
Lanham
Pope
Leathers
Powell
Lester
Preston
Lewis of Gordon
Purdy
Lewis of Hancock
Purvis
Lindsay
Rabun
Logan
Rivers
Lord
Roberts
McElreath
Robertson
McGehee
Ross of Appling
McKoy
Ross o! Dodge
McLeod
Rosser
McRae
Sammon
McWhmter
Scarbrough
Mallard
Seckinger
Mardre
Sharpe
Mattox
Shirley
Mercer
Simmons Sims Sisk Skelton Spivey Stanton Stewart Still Stone Strickland o! Douglas Strickland of Haralson Sutton Swain Tate Taylor Thomas Thomoson Thompson Tippins Townsend Trapnell Trotter Turner Waldrop Walker o! Ben Hill Walker of Brooks Walker o! Morgan Walker of Screven Wall Weeks Westbrook Whittle Wilkes Williams Wilson Wood Yawn Mr. Speaker
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker: The Senate has passed by the requisite constitutional
majority the following bills of the Senate to-wit:
TauRSDAY, Aucus't 13, 1931.
By Mr. Reagan of the 35th DistrictSenate Bill No. 79. A bill to be entitled an Act to amend
the laws relative to the registration of voters in counties containing any part of a city of more than 200,000 population, to provide penalties for violation, and for other purposes .
.By Mr. Brock of the 44th DistrictSenate Bill No. 120. A bill to be entitled an Act to
abolish an Act entitled "An Act to abolish the office of County Treasurer in and for the County of Dade, and to make provision for the handling and disbursement of all County Funds" approved August 18th, 1916, to abolish the County Depository created by said Act, to provide for election of County Treasurer of Dade County, to provide for the compensation of said Treasurer, and for other purposes.
The Senate has reconsidered its action in concurring with the House Amendment No. 2 to the following bill of the Senate, to-wit:
By Mr. Duckworth of the 7th District-
Senate Bill No.4. A bill to abolish the offices of Tax Receiver and Tax Collector of Grady County and create the office of Tax Commissioner.
The Senate has concurred in said amendment to Senate Bill No. 4 as amended.
. .The Senate has disagreed to the House substitute and amendments to the following bill of the Senate, tq-wit:
By Mr. Watson of the 3rd District-
Senate Bill No. 18. A bill to be entitled an Act to amend
an Act for the prott1cior13'tif b.itas, 'fish~ arid gaiiie' ~o 'a~. to establish seasons:! (m;himting,nfishing~ etc'.H r'.t ' :: '
1124
JouRNAL OF THE HousE,
The President has appointed as a Conference Committee on the part of the Senate:
Messrs. Fowler of the 39th District, Stricktand of the 1st District,
Watson of the 3rd District.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the reqms1te constitutional majority the following bills of the House, to-wit:
By Mr. Culpepper of Fayette-
House Bill No. 147. A bill to be entitled an Act to make for the last half of the fiscal year 1931 and for the fiscal years 1932 and 1933, appropriations for the maintenance and outlay of the State Departments, Boards, Commissions, Bureaus, Public Institutions and Educational Interests of the State and for the payment of the public debt and interest thereon.
The Senate has passed by substitute by the requtstte constitutional majority the following bill of the House to-wit:
By Messrs. Stanton and Bunn of Ware-
House Bill No. 511. A bill to be entitled an Act to amend an Act approved Aug. 17, 1909, to provide and establish a new charter for the City of Waycross, and for other purposes.
The Senate has passed by the requisite constitutional majority the following bill of the House, to-wit:
THURSDAY, AUGUST 13, 1931.
1125
By Mr. Wilson of Murray-
House Bill No. 518. A bill to be entitled an Act to amend the charter of the City of Chatsworth, by amending Section 34 of the said charter, so as to empower the mayor and alderman to change and relocate certain avenues and streets of said city, and for other purposes.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House to-wit:
By Messrs. Reagan of the 35th District and Weekes of the 34th District-
Senate Bill No. 154. A bill to amend an Act to authorize the City of Atlanta to borrow during any one calendar year the sum of $1,000,000.
By Mr. Knabb of the 4th District-
Senate Bill No. 144. A bill relating to persons subject to road duty. in certain counties.
By Messrs. Irvin and Huddleston of Meriwether-
Hause Bill No. 130. A bill to provide for the compensation to be paid registrars in certain counties.
By Mr. Clark of Catoosa-
House Bill No. 307. A bill to regulate the hours of voting in certain counties.
By Mr. Thomas of Wayne-
House Bill No. 334. A bill to make County Tax Commissioners ex-officio sheriffs in certain counties.
1126
JOURNAL OF THE, HousE,
By Mr. Dorsett of Carroll-
House Bill No. 336. A bill to repeal an Act amending the charter of the City of Carrollton.
By Messrs. Sutton and Mattox of Colquitt-
House Bill No. 455. A bill to amend the charter of the City of Moultrie.
By Messrs. Beaman, Leathers, and Lindsay of DeKalb-
House Bill No. 469. A bill to amend an Act creating DeKalb Division of the Municipal Court of Atlanta.
By Mr. Williams of Emanuel-
House Bill No. 484. A bill to place 750 na.mes in the jury boxes of certain counties.
By Mr. Stewart of Coffee-
House Bill No. 499. A bill to amend an Act creating a new charter for the City of Douglas.
By l\-lr. Colson ()f Gly_nn-
House Bill No. 503. A bill to amend the charter of the City of Brunswick.
By Mr. Pope of Toombs-
Hause Bill No. 509. A bill to provide for two terms of the Superior Court of Toombs County.
The following \Tiess<1.ge w~s receiv~d from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The .Sena'te h<1-s passed by the reqmstte constitutional majority the fo-llowing hills of the Hou.Se, to-,wit:- . ;; . _,l:.
THURSDAY, AUGUST 13, 1931.
1127
By Mr. Mus~rove of Clinch-
House Bill No. 133. A bill to be entitled an Act repealing Clinch County Primary Laws as passed by 1929 Legislature.
By Messrs. Mardre and Cochran of Thomas-
House Bill No. 413. A bill to be entitled an Act to authorize the officers having charge of county affairs in certain counties of this State to appropriate funds to support a public library, and for other purposes.
By Mr. Edwards of Stephens-
House Bill No. 481. A bill to be entitled an Act to amend the charter of the City of Toccoa, to provide for Commission form of Government of said city, and for other purposes.
By Messrs. Battle, Meredith, and Roberts of Muscogee-
House Bill No. 485. A bill to be entitled an Act to ratify and confirm the sale by the City of Columbus of a certain tract of land in said City of Columbus.
By Mr. Greer of Macon-
House Bill No. 496. A bill to be entitled an Act entitled an Act to amend an Act approved August 22, 1907, incorporating the town of Ideal in the County of Macon.
By Mr. Brown of Greene-
House Bill No. 502. A bill to be entitled an Act to amend the charter of the City of Union Point, to issue bonds for establishing a system of waterworks, sewerage, electric lights and gas; and for other purposes.
By Messrs. Pace and Awtrey of CobbHouse Bill N 6. 508. A bill to be entitled an Act to a-
1128
JouRNAL OF THE HousE,
mend, consolidate, and supersede the several Acts incorporating the City of Marietta, to create a new charter, and for other purposes.
By Mr. Harrison of Camden-
House Bill No. 529. A bill to amend an Act approved August 15, 1927, incorporating the City of Kingsland, in Camden County, Georgia, by amending Section 2 of said Act by providing that beginning with the year 1932 the term of office of the mayor and councilmen for said city shall be elected for a term of two years instead of one year as is now provided by said Act.
By Mr. Johnson of Seminole-
House Bill No. 530. A bill to be entitled an Act to amend an Act creating a new charter for the Town of Donaldsonville, and for other purposes.
By Mr. Trotter of Taliaferro-
Hause Bill No. 533. A bill to be entitled an Act to amend the charter of the town of Crawfordville, and for other purposes.
The Senate has also passed by the requlSlte constitutional majority the following resolution of the House, towit:
By Mr. Harris of Terrell-
House Resolution No. 45. A resolution for the relief of
J. E. Brim from all liability on a bond forfeiture.
Mr. Hardin of Whitfield, 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.
THURSDAY, AuousT 13, 1931.
1129
The Journal was confirmed.
Mr. Nelson of Cook, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker: The Committee on Rules, having had under considera-
tion the calendar for Thursday, August 13th, recommend the following:
House Bill No. 369. A. and M. School Bill. House Bill No. 428. Veto Bill by Governor. House Bill No. 368. Confederate Veterans' Home Bill. House Bill No. 531. Gas Tax Bill. Senate Resolution No. 52. County Repayment Bill. Senate Resolution No. 8. Inaugural Bill. Senate Bill No. 35. Game and Fish Bill. Senate Bill No. 27. Workmen's Compensation Bill. Senate Bill No. 61. Regulation Rail Road Crossing. House Bill No. 352. Drug Bill. House Bill No. 602. Womans Club Bill. Senate Resolution No. 43. Code Bill. The Speaker is authorized to call up at his pleasure during the day Senate Resolution No. 48 Relieving Surety.
Respectfully submitted, NELSON of Cook, Vice- Chairman.
By unanimous consent, the following was established as the order of business during the first part of the period of Unanimous Consents:
1130
JouRNAL or THE HousE,
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..
5. First reading of Senate bills and resolutions.
By unanimous consent~ 300 copies of Senate Bill No. 8 were ordered to be printed for the use of the House and Senate.
Mr. McRae of Fulton offered the following amendment to the report of the Committee on Rules:
Mr. McRae of Fulton moves to amend the report of the Committee on Rules by striking out Hous'e Bill No. 428, Veto Bill by Governor, and House Bill No. 368, Confederate Veterans' Home Bill, and substituting in lieu thereof House Bill No. 78, to consolidate the office of Tax Collector and Tax Receiver of Fulton County, and House Bill No. 142, to fix salaries and budgets for county officers in counties over 200,000 population.
On adoption of the amendment, the ayes were 81, nays 59.
The amendment having failed to receive the requisite majority under Rule No. 44 was lost.
By unanimous consent, the following bills and resolutions of the House were introduced, read the first time, and referred to the committees:
By Mr. Bennett of Bacon-
House Bill No. 630. A bill to amend the Code by providing that the County School Superintendent shall not
THuRSDAY, AucusT 13; 1931.
1131
be required to be a voter in that part of the county in which her has jurisdiction, and for other purposes.
Referred to Committee on Education.
By Mr. Clements of Telfair-
Hause Bill No. 631. A bill to amend the several acts incorporating the Town of Milan, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Gary of Quitman-
House Bill No. 632. A bill to amend an Act creating the Board of Roads and Revenues of Quitman County, and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Rivers of Wheeler and Kennedy of Lamar-
House Bill No. 633. A bill to amend an Act prescribing methods of letting road and bridge construction work upon State Aid Road, and for other purposes.
Referred to Committee on Public Highways.
By Messrs. Still and Eckford of Fulton-
House Bill No. 634. A bill to amend the City Charter of Atlanta, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Eckford and Still of Fulton-
House Bill No. 635. A bill to amend an Act establishing a new charter for the City of Atlanta, and for other purposes.
Referred to Committee on Municipal Government.
1132
JouRNAL OF T~E HousE,
By Messrs. Sutton of Colquitt and Strickland of Haralson-
House Resolution No. 99-634a. A resolution to amend the rules of the House by requiring the printing of all general bills, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Messrs. Mixon of Irwin and Cochran of Thomas and others-
House Resolution No. 100-634b. A resolution providing for the appointment of a committee to rewrite the School Code of Georgia, and for other purposes.
Referred to Committee on Education.
By Mr. Hubbard of Habersham-
House Resolution No. 101-634c. A resolution nammg a commission to rewrite the Georgia School Code, and for other purposes.
Referred to Committee on Education.
Mr. Andrews of Crawford County, Chairman of the Committee on Counties 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 House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 621 do pass.
House Bill No. 624 do pass.
House Bill No. 620 do pass.
House Bill No. 585 do pass by substitute.
THuRSDAY, AuousT 13, 1931.
1133
House Bill No. 622 do pass as amended. House Bill No. 540 do pass.
Respectfully submitted, ANDREWs of Crawford, 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 House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 618. An Act to provide that County Superintendent of Schools may be a resident and reside in the county site. Do pass.
House Bill No. 619. An Act providing the County School Superintendent may reside in the county site. Do pass.
House Bill No. 623. An Act allowing the County School Superintendent to live in the county site in certain counties according to the population taken by the United States Census of 1930 or any future census.
House Bill No. 614. An Act allowing the County School Superintendent to live in the county site in counties having a population of not more than 25,145 nor less than 25,140 by the 1930 census of the United States or any future census. Do pass by substitute.
Respectfully submitted,
DAvis of Floyd,
Chairman.
1134
. JouRNAL oF THE HousE,
Mr. Hubbard of Wilkinson, Chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker:
Your Committee on Enrollment has examined, found properly enrolled, signed, and ready for delivery to the Governor, the following Act, to-wit:
House Bill No. 203. An Act to amend an Act to regulate real estate brokers and salesmen.
Respectfully submitted,
HuBBARD of Wilkinson,
Chairman.
Mr. Lewis of Hancock 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:
Senate Bill No. 116 do pass as amended.
Respectfully submitted,
LEWIS of Hancock,
Chairman.
Mr. Lewis of Hancock 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 resolution of the Senate
THt.JRsoAY., AucusT 13; 1931.
i135
and has instructed me, as chairman, to report the safne back to the House with the recommendation that:
Senate Resolution No. 48 do pass. Respectfully submitted, LEwis of Hancock, Chairman.
Mr. Cannon of Rockdale County, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Mr. Speaker: Your Committee on Hygiene and Sanitation 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:
House Bill No. 520 do not pass.
House Bill No. 615 do pass as amended.
Respectfully submitted,
CANNON of Rockdale,
Chairman.
Mr. Huddleston of Meriwether County, Chairman of the Committee on Military Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Military Affairs has had under consideration the following bill and resolutions of the House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 568 do pass.
1136
JouRNAL OF THE HousE,
House Resolution No. 94-593f do pass. House Resolution No. 95-593g do pass.
Respectfully submitted, HuDDLESTON of Meriwether,
Chairman.
Mr. Trotter of Taliaferro 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 Senate and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 628 do pass. House Bill No. 597 do not pass.
House Bill No. 598 do not pass. House Bill No. 599 do not pass.
House Bill No. 567 do pass by substitute. House Bill No. 573 do pass. House Bill No. 574 do pass.
House Bill No. 583 do pass. House Bill No. 570 do pass. House Bill No. 575 do pass. House Bill No. 436 do not pass. Senate Bill No. 121 do pass. Senate Bill No. 114 do pass. Senate Bill No. 87 do pass.
THuRSDAY, AuGUST 13, 1931.
1137
Senate Bill No. 130 do pass. Senate Bill No. 127 do pass.
Respectfully submitted, TROTTER of Taliaferro, Chairman.
Mr. Beasley of Tattnall 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:
House Bill No. 613 do pass. (Minority Report filed.)
Respectfully submitted,
BEASLEY of Tattnall, Chairman.
Mr. Davis of Mitchell 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:
House Bill No. 558 do pass by substitute as amended. House Bill No. 603 do pass.
Respectfully submitted,
DAvis of Mitchell, Chairman.
1138
JouRNAL oF THE HousE,
By unanimous consent, the following bills and resolutions of the House, favorably reported; were read the second time:
By Messrs. Eckford and Still of Fulton-
House Bill No. 540. A bill to provide for the election of the judge of the Juvenile Court of Fulton County, and for other purposes.
By Mr. Adams of Towns-
House Bill No. 558. A bill to impose charges on those who pursue the business of operating motor vehicles on the highways of this State, and for other purposes.
By Messrs. McRae of Fulton, and Lindsay, Leathers, and Beaman of DeKalb-
House Bill No. 567. A bill to amend an Act establishmg a new charter for the City of Atlanta, and for other purposes.
By Messrs. Lewis of Hancock and Thomas of vVayne-
House Bill No. 568. A bill to amend an act reorganizing the military forces in this State, and for other purposes.
By Messrs. Eckford, McRae, and Still of Fulton, and Beaman, Leathers, and Lindsay of DeKalb-
House Bill No. 570. A bill amending the charter of the City of Atlanta creating a City Planning Commission, and for other purposes.
By Messrs. Eckford, McRae, _and Still of Fulton, and Beaman, Leathers, and Lindsay of DeKalb-
House Bill No. 573. A bill allowing city firemen to be loaned to County of Fulton, and for other purposes.
THURSDAY, AuGusT 13, 1931.
1139
By Messrs. Eckford, McRae, and Still of Fulton, and Beaman, Leathers, and Lindsay of DeKalb-
House Bill No. 574. A bill to amend the charter of the City of Atlanta by increasing the city limits of said city, and for other purposes.
By Messrs. Eckford, McRae, and Still of Fulton, and Beaman, Leathers, and Lindsay of DeKalb-
House Bill No. 575. A bill to amend the charter of the City of Atlanta by allowing said city to borrow $2,000,000, and for other purposes.
By Mr. Scarbrough of Polk-
House Bill No. 583. A bill to amend a section of an act incorporating the Town of Rockmart, and for other purposes.
By Mr. Atwood of Mcintosh-
House Bill No. 585. A bill to exempt certain residents of the County of Mcintosh from live-stock license fee, and for other purposes.
By Mr. Alexander of Chatham and others-
House Bill No. 603. A bill to provide for the definition, taxation, and classification of peddlers, and for other purposes.
By Mr. Fraser of Liberty and others-
House Bill No. 613. A bill to provide that the State Highway Department shall consist of ten members, and for other purposes.
By Mr. Scarbrough of PolkHouse Bill No. 614. A bill allowing the County School
1140
JouRNAL oF THE HousE,
Superintendent to live in the county site in certain counties, and for other purposes.
By Messrs. Lanier and Lester of Richmond-
House Bill No. 615. A bill to amend an Act revising the Health Laws of the State of Georgia, and for other purposes.
By Mr. Preston of Walton-
House Bill No. 618. A bill to provide that County Superintendent of Schools may be a resident in the county site of certain counties, and for other purposes.
By Mr. Thompson of Barrow-
House Bill No. 61-9. A bill to provide that County Superintendent of Schools may reside in the county site of certain counties, and for other purposes.
By Messrs. Almand and Preston of Walton-
House Bill No. 620. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Walton, and for other purposes.
By Messrs. Spivey and Williams of Emanuel-
House Bill No. 621. A bill to amend an Act creating the City Court of Swainsboro, and for other purposes.
By Mr. Musgrove of Clinch-
House Bill No. 622. A bill to require certain county officers in counties having a certain population to make monthly financial statements, and for other purposes.
By Messrs. Crawford, Davis, and Lanham of Floyd-
House Bill No. 623. A bill to amend the Code by providing that the County School Superintendent shall not
THURSDAY, AUGUST 13, 1931.
1141
be required to be a voter in that part of the county in which he has jurisdiction, and for other purposes.
By Mr. Lewis of GordonHouse Bill No. 624. A bill to amend an Act creating
the office of Commissioner of Roads and Revenue of Gordon County, and for other purposes.
By Messrs. Carlisle, Gillen, and Park of Bibb-
House Bill No. 628. A bill to amend the charter of the City of Macon, and for other purposes.
By Mr. Lindsay of DeKalb-
House Resolution No. 94-593f. A resolution authorizing the military department to investigate the claims of Roosevelt Henley, and for other purposes.
By Mr. Lindsay of DeKalb-
House Resolution No. 95-593g. A resolution authorizing the payment of funeral expenses of the late Lt. Hugh Butler, and for other purposes.
By unanimous consent, the following bills of the Senate, favorably reported, were read the second time:
By Mr. Denton of the 38th District-
Senate Bill No. 87. A bill to provide a new charter for the Town of Hiram, and for other purposes.
By Mr. Jones of the 51st District-
Senate Bill No. 114. A bill to amend an Act incorporating the Town of Alpharetta, and for other purposes.
By Mr. Weekes of the 34th District-
Senate Bill No. 116. A bill to be known as the "Mechanics Lien Law," and for other purposes.
1142
JOURNAL OF THE HousE,
By Mr. Jones of the 51st District-
Senate Bill No. 121. A bill to amend the charter of the City of Mountain Park, and for other purposes.
By Mr. Davis of the 31st District-
Senate Bill No. 127. A bill to amend the charter of the City of Toccoa, and for other purposes.
By Mr. Dekle of the 6th District-
Senate Bill No. 130. A bill to further amend the charterof the City of Valdosta, and for other purposes.
By Mr. McWhorter of the 50th District-
Senate Resolution No. 48. A resolution for the relief of J. S. Wilkinson as surety.
By unanimous consent, the following bills of the House were read the third time and placed upon their passage:
By Mr. Brannen of Bulloch-
Hause Bill No. 587. A bill to be entitled an Act to amend an Act creating the City Court of Statesboro, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 118, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Cullens of TreutlenHouse Bill No. 588.. A bill to be entitled an Act to pro-
hibit goats from running at large in the County of Treutlen, and for other purposes.
THURSDAY, AuGUST 13, 1931.
1143
The report 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. Stewart of Coffee-
House Bill No. 591. A bill to be entitled an Act to repeal an Act amending an Act establishing the City Court of Douglas, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 116, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Clements of Telfair-
.. House Bill No. 610. A bill to be entitled an Act to abolish the Board of Commissioners of Roads and Revenues of Telfair County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Clements of Telfair-
Hause Bill No. 611. A bill to be entitled an Act to provide for the office of Commissioner of Roads and Revenues of Telfair County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
1144
JouRNAL OF THE HousE,
On the passage of the bill, the ayes were 111, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Clements of Telfair-
Hause Bill No. 612. A bill to be entitled an Act to- amend the charter of the Town of Lumber City, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Gillen of Bibb-
House Bill No. 594. A bill to be entitled an Act to repeal an Act creating and incorporating Greater Macon, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Bland of Stewart-
House Bill No. 601. A bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenue for Stewart County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, nays 0.
THURSDAY, AucusT 13, 1931.
1145
The bill having received the requisite constitutional majority was passed.
By Mr. Patten of Lanier-
Hause Bill No. 604. A bill to be entitled an Act to repeal an Act creating a Board ofCommissioners of Roads and Revenues of Lanier County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, nays 0. The bill having received the requisite constitutional majority was passed.
By Mr. Patten of Lanier-
Hause Bill No. 605. A bill to create the office of Commissioner of Roads and Revenues of Lanier County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passageof the bill, the ayes were 109, 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 the committees:
By Mr. Brock of the 44th District-
Senate Bill No. 120. A bill to abolish an Act abolishing the office of County Treasurer of Dade County, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Reagan of the 35th District-
Senate Bill No. 79. A bill to amend the laws relative to the registration of voters in certain counties, and for other purposes.
Referred to Committee on Municipal Government. Mr. Nelson of Cook asked unanimous consent that when the House adjourn this morning, it stand adjourned until 3:00 o'clock this afternoon, and the request was granted.
1146
JouRNAL OF THE HousE,
By unanimous consent, the following bill of the House was taken up for the purpose of considering the Senate amendment thereto:
By Mr. Osteen of Bryan-
House Bill No. 480. A bill to be entitled an Act to regulate fishing ih the waters of Bryan County, and for other purposes.
Game ,and Fish Committee of the Senate moves to amend House Bill No. 480, in the following respects, to-wit: (a) by adding after the word "County" appearing in the fourth line of Section 4 of said bill the words "or other person authorized to sell licenses in said county," (b) by striking from the fifth line of Section 4 of said bill the figures "$500" and inserting in lieu thereof the figures "$125," (c) by inserting immediately after the word "County" in line eleven of Section 4 of said bill, the following words, "or other person authorized to sell such licenses," (d) by adding at the end of Section 4 of said bill a subsection to be numbered 4-A, which shall read as follows, "nothing in this bill shall operate to prevent a non-resident of said county or State who shall own fishing property in said County of Bryan from fishing on said property without procuring a license," (e) by striking the figures "$2000" from the 12th line of said 4th Section of said bill and inserting in lieu thereof the figures "S550," (f) by adding immediately after the word "County" appearing in the third line of Section 5 of said bill the following words, "or other person authorized to sell such licenses."
The Senate amendment was agreed to.
By unanimous consent, the following bill of the House was taken up for the purpose of considering the Senate amendment thereto:
,By Mr. Fraser of Liberty-
House Bill No. 283. A bill to be entitled an Act to a-
THURSDAY, AuGUST 13, 1931.
1147
bolish the offices of Tax Collector and Tax Receiver of Liberty County, and for other purposes.
Mr. Martin of the 2nd District moves to amend House Bill No. 283 in the following respect, to-wit: By striking the words "County Commissioners" wherever they appear in said bill, and by inserting in the place thereof the words "Commissioners of Roads and Revenues."
The Senate amendment was agreed to.
The following bill of the Senate was taken up for the purpose of considering the Senate amendment to the House amendment thereto:
By Mr. Duckworth of the 7th District-
Senate Bill No. 4. A bill to be entitled an Act to abolish the offices of Tax Collector and Tax Receiver in Grady County, and for other purposes.
Mr. Duckworth of the 7th District moves to amend Hou'se amendment No. 2 to Section 8 of Senate Bill No. 4J by adding at the end of said amendment the following words: "by striking from line 5 of Section 8 the figures S250 and inserting in lieu thereof the figures $200."
The Senate amendment to the House amendment was agreed to.
Mr. Thomas of Wayne moved that the House insist upon its amendments to the following bill of the Senate, and that the Speaker appoint three members of the House as a Committee of Conference to confer with a like committe from the Senate on said bill,- and the motion prevailed:
By Mr. Watson of the 3rd District-. ,
Senate Bill No: 18. A bill to be entitled an Act to amend
an Act f<;:>r the protection of birds, fish: game, etc., artd Jo}
other purposes.
1
'" , ..
1148
JouRNAL oF THE HousE,
The Speaker appointed as a Committee of Conference on Senate Bill No. 18, the following members of the House, to-wit:
Messrs. Mardre of Thomas,
Rosser of Walker,
Fraser of Liberty.
Under the order of unfinished business, the following bill of the House was again taken up for consideration with a motion for the previous question pending:
By Mr. Collier of Madison-
House Bill No. 369. A bill to be entitled an Act to abolish the 4th District A. & M. School, the Ga. Vocational and Trades School, Ga, Industrial College, 7th" District A. & M. School, 8th District A. & M. School, 9th District A. & M. School, and lOth District A. & M. School, as State Institutions, and for other purposes.
Mr. Lewis of Hancock moved to table House Bill No. 369 and all amendments thereto.
On the motion to table, Mr. Leathers of DeKalb moved the ayes and nayes, and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Allen Almand Andrews Arnold Ashle.v Atwood Awtre.v Barrett Beaman
Bean Beasle.v Bennett of Bacon Bennett of Jeff Davis Brannen Brown Brunson Burton Cartledge Chalker Chambers
Clark Clements of Telfail' Colson Courson Cowart Crawford Crowe Davis of Flo.vd Davis of Jackson Davis of Mitchell Davis of Troup
THURSDAY, AucusT 13, 1931.
1149
Dixon
Irvin
Parham
Donaldson
Johnson of Montgomery Peebles
Dorsett
Johnson of Seminole Phillips
Duncan
Johnston
Pittard
Dykes
Jones of Lumpkin Preston
Ecldord
Jones of Paulding
Purdy
Edmondson
Kennedy
Robertson
Edwards of Gilmer Kimbrough
Ross of Dodge
Edwards of Stephens Kimsey
Rosser
Elliott
King of Newton
Sammon
Franklin
Lanham
Scarbrough
Fraser
Lewis of Hancock
Shirley
Freeman
Lindsay
Simmons
Gillen
Logan
Sisk
Graham
Lord
Stewart
Green
McElreath
Still
Griffeth
McKoy
Strickland of Haralson
Griffin of Decatur McLeod
Tate
Griffin of Wilkes
McRae
Thompson
Gullatt
McWhorter
Townsend
Hampton
Mallard
Turner
Hardin
Morris
Walker of Ben Hill
Harrison of Camden Moye
Walker of Morgan
Harrison of Jenkins Musgrove
Wall
Hodges
Myrick
Westbrook
Horne
Nelson of Cook
Whittle
Hubbard of HabershamNelson of Laurens
Williams
Huddleston
Oliver
Wood
Hutcheson
Pace
Yawn
Those voting in the negative were Messrs.:
Arrington Bunn Cain Carlisle of Bibb Carlisle of Grady Childs Cochran Collier Cozart Cullens Culpepper of Echols Culpepper of Fayette Evans Fagan
Greer
Lanier
Harris
Leathers
Hatcher
Lewis of Gordon
Hawes
McGehee
Holt
Mattox
Howard of Chatt'h'chee Mercer
Howard of Long
Meredith
Hubbard of Wilkinson Mixon
Hyman
Montgomery
James
Mooty
Jones of Burke
Mun<Ur
Klllebrew
Osteen
King of Clay
Park
Lance
Patten
1150
JouRNAL OF THE HousE,
Paulk Pope Powell Purvis Rabun Rivers Roberts Ross of Appling Seckinger
Sharpe Sims Skelton " Spivey Stanton Stone Strickland of Douglas Sutton Swain
Taylor Thomas Thomoson Trapnell Waldrop Walker ofBrooks Walker of.Screven Weeks Wilson
Those not voting were Messrs.:
Bargeron Battle Bland Bush Cannon Clements of Marion
Edwards of Lowndes Gary Grayson Johnson of Pike Key
Lester
Mardre Maynard Tippins Trotter Wilkes Mr. Speaker
By unanimous consent, the verification of the roll call was dispensed with.
On the motion to table House Bill No. 369 and all amendments thereto, the ayes were 120, nays 69, and the motion prevailed.
Under the order of business established by the Rules Committee, the following bills of the House were taken up for consideration and read the third time:
By Messrs. Rosser of Walker, Mooty of Troup, and Huddleston of Meriwether-
Hause Bill No. 428.
A BILL
A bill to be entitled an Act to amend Article 5, Section 1, Paragraph 16, of the Constitution:of the State of Georgia, providing for the veto. by tl1e Governor of all bills passed by the General Assembiy, so .as to authorize the
Governor to disapprove or reduce 1n amount any appro-
priation mac;l,e by the General Assembly, and to provide:
THURSDAY, AUGUST 13, 1931.
1151
for the submission of said proposed amendment to the electors of this State at the riext general election, 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 <;>f the same, that Article 5, Section 1, Paragraph 16, of the Constitution of this State be amended by striking therefrom the last section thereof and substituting in lieu thereof the following:
"He may approve any appropriation and disapprove or reduce in amount any other appropriation in the same bill, and the appropriation disapproved or reduced shall not be effectual, except as and when reduced, unless passed by two-thirds vote of each house."
Sec. 2. Be it further enacted by the authority aforesaid that whenever the above proposed amendment to the Constitution of this State shall be agreed to by two-thirds of the members elected to each House of the General Assembly, and the same has been entered on their journal, with the ayes and nays taken thereon, the Governor shall, and he is hereby authorized and instructed to, cause said amendment to be published in at least two newspapers in each Congressional District in this State, for a period of two months next preceding the time of holding the next general election. The Governor is hereby authorized and directed to provide for the submission of the amendment proposed, and for ratification or rejection, and to the electors of this State at the next general election to be held after said publication, at which election each person shall be qualified to vote who is entitled to vote for members of the General Assembly. All persons voting at such election in favor of adopting the proposed amendment shall have written or printed on their ballot the words "For amendment to Article 5, Section 1, Paragraph 16 of the Constitution of Georgia, enlarging the veto power of the Governor," and all persons voting at such election against adopting -said amendment shall have written or printed on their ballot the words
1152
JouRNAL OF THE HousE,
"Against amendment to Article 5, Section 1, Paragraph 16 of the Constitution of Georgia, enlarging the veto power of the Governor."
If a majority of the electors qualified to vote for members of the General Assembly voting thereon, shall vote for ratification the Governor shall, 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 election for members of the General Assembly, to count and ascertain the results, issue his proclamation for one insertion in one daily paper of the State, announcing such result and declaring the amendment ratified.
Sec. 3. Be it further enacted that all laws or parts of laws in conflict herewith are hereby repealed.
The following amendments were read and adopted:
Mr. Davis of Mitchell moves to amend House Bill No. 428, as follows:
By striking from lines 5 and 6 of Section 1 the words "Section thereof" and substituting in lieu thereof the words "Sentence of said Paragraph 16."
Mr. Griffin of Decatur moves to amend House Bill No. 428 by striking the words "two newspapers" in Section 2 wherever they occur and substituting therefor "four newspapers."
On House Bill No. 428 and all amendments thereto, Mr. Lanier of Richmond moved the previous question.
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 as amended.
The bill involving an amendment to the Constitution, the roll call was ordered and the vote was as follows:
THURSDAY, AucusT 13, 1931.
1153
Those voting in the affirmative were Messrs.:
Adams Alexander Allen Almand Andrews Arnold Ashley Atwood Awtrey Bargeron Barrett Battle Beaman Bean Bennett of Bacon Bennett of Jeff Davis Bland Brunson Bunn Burton Cain Carlisle of Bibb Carlisle of Grady Cartledge Chambers Childs Clark Clements of Marion Clements of Te:fair Cochran Collier Colson Courson Cowart Cozart Crawford Crowe Culpepper of Echols Culpepper of Fayette Davis of Jackson Davis of Mitchell Davis of Troup Dixon Donaldson
Dorsett
Killebrew
Duncan
Kimbrough
Eckford
Kimsey
Edmondson
King of Clay
Edwards of Gilmer
King of Newton
Edwards of Stephens. Lance
Elliott
Lanham
Fagan
Lanier
Franklin
Leathers
Freeman
Lewis of Gordon
Gillen
Lewis of Hancock
Graham
Lindsay
Green
Logan
Greer
Lord
Griffeth
McElreath
Griffin of Decatur
McGehee
Griffin of Wilkes
McKoy
Hampton
McLeod
Hardin
McRae"
Harris
McWhorter
Harrison of Camden Mardre
Harrison of Jenkins Mattox
Hatcher
Mixon
Hawes
Montgomery
Hodges
Mooty
Holt
Morri;
Horne
Moye
Howard of Chatt'h'chee Mundy
Howard of Long
Musgrove
Hubbard of Habersham Myrick
Hubbard of Wilkinson Nelson of Cook
Huddleston
Oliver
Hutcheson
Osteen
Hyman
Pace
Irvin
Parham
James
Park
Johnson of Montgomery Paulk
Johnson of Pike
Peebles
Johnson of Seminole Phill ps
Johnston
Pittard
Jones of Burke
Pope
Jones of Paulding
Powell
Kennedy
Preston
Key
Purdy
1154
JouRNAL OF THE HousE,
Purvis Rabun Rivers Roberts Robertson Ross of Appling Rosser Scarbrough Seckinger Shirley Simmons Sims Sisk Spivey
Stanton
Trotter
Stewart
Turner
Stil'
Waldrop
Stone
Walker of Brooks
Strick'and of Douglas Walker of Morgan
Strickland of Haralson Walker of Screven
Sutton
Weeks
S"<:ain
Westbrook
Tate
Whittle
Taylor
Williams
Thomas
Wilson
Thomason
Wood
Thompson
Yawn
Townsend
Those voting in the negative were Messrs.:
Chalker Evans Lester
Mercer Sammon Sharpe
Skelton Walker of Ben Hill
Those not voting were Messrs.:
Arrington Beasley Brannen Brown Bush Cannon Cullens Davis of Floyd Dykes
Edwards of Lowndes Fraser Gary Grayson Gullatt Jones of Lumpkin Mallard Maynard Meredith
Nelson of Laurens Patten Ross of Dodge Tippins Trapnell Wall Wilkes Mr Speaker
By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill as amended, the ayes were 173, nays 8.
The bill having received the requtstte two-thirds constitutional majority was passed as amended.
By unanimous consent, the bill was immediately transmitted to the Senate as amended.
THURSDAY, AuausT 13, 1931.
1133
By Mr. Montgomery of Webster-
House Bill No. 368. A bill to be entitled an Act to alter, amend, and revise the several acts relating to the acceptance, creating, maintenance, management, and governing of the Confederate Soldiers' Home of Georgia; and for other purposes.
By unanimous consent, the previous question was called, 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, the ayes were 126, nays 0.
The bill having received the requisite constitutional majority was passed.
By unanimous consent, the bill was immediately transmitted to the Senate.
By Messrs. Key of Jasper, McGehee of Talbot, and others-
House Bill No. 531. A bill to be entitled an Act to amend the Fuel Tax Act as amended by Act approved Aug. 19, 1929; by increasing the amount of said occupation tax; and for other purposes.
Mr. Walker of Ben Hill offered a substitute to the bill, which the Speaker ruled was out of order.
Mr. Carlisle of Bibb appealed from the decision of the Chair on the introduction of the substitute and the appeal was lost.
Mr. Dykes of Dooly moved to table the bill and all amendments and substitutes thereto.
On the motion to table, Mr. Dykes of Dooly moved the ayes and nays, and the call was sustained.
The roll call was ordered and the vote was as follows:
1156
JouRNAL OF THE HousE,
Those voting in the affirmative were Messrs.:
Arrington Barrett Brown Burton Carlisle of Grady Clements of Marion Collier Davis of Troup Donaldson Dorsett Dykes Edwards of Stephens Elliott Evans Freeman Green Greer Hampton Harris Horne
Irvin
Pittard
James
Pope
Johnson of Montgomery Powell
Johnson of Pike
Rivers
Jones of Lumpkin
Robertson
Jones of Paulding
Sammon
Lester
Shirley
Logan
Sims
Lord
Sisk
McLeod
Skelton
Mallard
Spivey
Mattox
Stewart
Mercer
Stone
Montgomery
Strickland of Douglas
Mooty
Sutton
Morris
Tate
Moye
Thomoson
Osteen
Trotter
Parham
Williams
Phillips
Wilson
Those voting in the negative were Messrs.:
Adams Alexander Allen Andrews Arnold Ashley Atwood Awtrey Bargeron Battle Beaman Beasley Bennett of Bacon Bennett of Jeff Davis Brannen Brunson Bunn Cain Cannon Carlisle of Bibb Cartledge
Chalker Chambers Childs Clark Clements of Telfair Cochran Colson Courson Cowart Cozart Crawford Cullens Culpepper of Echols Culpepper of Fayette Davis of Floyd Davis of Jackson Dav.is of Mitchell Dixon Duncan Eckford Edwards of Gilmer
Fagan Franklin Fraser Graham Grayson Griffeth Griffin of Wilkes Gullatt Hardin Harrison of Jenkins Hatcher Hawes Hodges Holt Howard of Chatt'h'chee Howard of Long Hubbard of Habersham Hubbard of Wilkinson Huddleston Hutcheson Hyman
THURSDAY, AucusT 13, 1931.
1157
Johnson of Seminole Johnston Jones of Burke Kennedy Key Killebrew Kimbrough Kimsey King of Clay King of Newton Lance Lanham Lanier Lewis of Hancock Lindsay McElreath McGehee McKoy McRae McWhorter
Mardre Mundy Myrick Nelson of Cook Oliver Pace Park Paulk Preston Purdy Purvis Rabun Roberts Ross of Appling Rosser Scarbrough Seckinger Sharpe Simmons Stanton
Still Strickland of Haralson Swan Taylor Thomas Thompson Townsend Trapnell Turner Waldrop Walker of Ben Hill Walker of Brooks Walker of Morgan Walker of Screven Wall Weeks Westbrook Whittle Wood Yawn
Those not voting were Messrs.:
Almand Bean Bland Bush Crowe Edmondson Edwards of Lowndes Gary
Gillen Griffin of Decatur Harrison of Camden Leathers Lewis of Gordon Maynard Meredith Mixon
Musgrove Nelson of Laurens Patten Peebles Ross of Dodge Tippins Wilkes Mr. Speaker
By unanimous consent, the verification of the roll call was dispensed with.
On the motion to table, the ayes were 60, nays 123, and the motion was lost.
Privileges of the floor were granted to Hon. W. C. Smith and Mrs. Smith of Worth County, Hon. John Woodall of
Talbot County, Mrs. J. E. Boon and Miss Eugenia Boon of
Coweta County.
Mr. Gillen of Bibb moved that the House do now ad-
journ, the motion prevailed, and House Bill No. 531 and
1158
JouRNAL OF THE HousE,
all amendments thereto went over as unfinished business of the previous session.
The Speaker announced the House adjourned until this afternoon, at 3:00 o'clock.
AFTERNOON SESSlON,
3:00 o'clock, P. M.
The House met again at this hour and was called to order by the Speaker.
The roll was called and the following members answered to their names:
Adams Alexander Allen Almand Andrews Arnold Arrington Ashley Atwood Awtrey Bargeron Barrett Battle Beaman Bean Beasley Bennett of Bacon Bennett of Jeff Davis Bland Brannen Brown Brunson Bunn Burton Bush Cain Cannon
Carlisle of Bibb Carlisle of Grady Cartledge Chalker Chambers Childs Clark Clements of Marion Clements of Telfair Cochran Collier Colson Courson Cowart Cozart Crawford Crowe Cullens Culpepper of Echols Culpepper of Fayette Davis of Floyd Davis of Jackson Davis of Mitchell Davis of Troup Dixon Donaldson Dorsett
Duncan Dykes Eckford Edmondson Edwards of Gilmer Edwards of Stephens Elliott Evans Fagan Franklin Fraser Freeman Gary Gillen Graham Grayson Green Greer Griffeth Griffin of Decatur Griffin of Wilkes Gullatt Hampton Hardin Harris Harrison of Camden Harrison of Jenkins
THURSDAY, AuousT 13, 1931.
1159
Hatcher
McRae
Hawes
McWhorter
Hodges
Mallard
Holt
Mardre
Horne
Mattox
Howard of Chatt'h'chee Mercer
Howard of Long
Meredith
Hubbard of Habersham Mixon
Hubbard of Wilkinson Montgomery
Seckinger Sharpe Shirley Simmons Sims Sisk Skelton Spivey Stanton
Huddleston Hutcheson Hyman Irvin James
Mooty Morris Moye Mundy Musgrove
Stewart Still Stone Strickland of Douglas Stri.ckland of Haralson
Johnson of Montgomery Myrick
Johnson of Pike
Nelson of Cook
Johnson of Seminole Nelson ot Laurens
Johnston
Oliver
Jones of Burke
Osteen
Jones of Lumpkin
Pace
Jones of Paulding
Parham
Kennedy
Park
Key
Patten
Kiilebrew
Paulk
Kimbrough
Peebles
Kimsey
Phillips
King of Clay
Pittard
King of Newton
Pope
Lance
Powell
Lanham
Preston
Lanier
Purdy
Leathers
Purvis
Lester
Rabun
Lewis of Gordon
Rivers
Lewis of Hancock
Roberts
Lindsay
Robertson
Logan
Ross ot Appling
Lord
Ross of Dodge
McElreath
Rosser
McGehee
Sammon
McKoy
Scarbrough
McLeod
Sutton Swain Tate ThY,lor Thomas Thomoson Thompson Tippins Townsend Trapnell Trotter Turner Waldrop Walker of Ben Hiil Walker of Brooks Walker of Morgan Walker of Screven Wall Weeks Westbrook Whittle Wilkes Williams Wilson Wood Yawn Mr. Speaker
Under the order of unfinished business of the previous session, the following bill of the House was again taken up for consideration:
1160
JouRNAL OF THE HousE,
By Mr. Key of Jasper, McGehee of Talbot, and others-
House Bill No. 531. A bill to be entitled an Act to amend the fuel tax Act as amended by Act approved Aug. 19, 1929, by increasing the amount of the said occupation tax, and for other purposes.
On House Bill No. 531 and all amendments thereto, Mr. Lindsay of DeKalb moved the previous question.
Mr. Leathers of DeKalb moved that the House do now adjourn, and the motion was lost.
On the motion for the previous question, the ayes were 62, nays 88, and the motion was lost.
Mr. Kennedy of Lamar moved that the House do now adjourn.
On House Bill No. 531 and all amendments thereto, Mr. Leathers of DeKalb moved the previous question.
The motion to adjourn was lost.
On the motion for the previous question, the ayes were 70, nays 87, and the motion was lost.
Mr. Gullatt of Campbell moved that the House do now adjourn.
Mr. Leathers of DeKalb moved to table House Bill No. 531 and all amendments thereto.
The motion to adjourn was lost.
Mr. Hyman of Washington moved that the House resolve itself into the Committee of the whole House.
On the motion to table House Bill No. 531 and all amendments thereto, Mr. Kennedy of Lamar moved the ayes and nays, and the call was sustained.
The roll call was ordered and the vote was as follows:
THURSDAY, AUGUST 13, 1931.
1161
Those voting in the affirmative were Messrs.:
Adams
Greer
Kun<U'
Andrews
Griffeth
Kusgrove
Arx:i.Dgton
Griffin of WilkH
<lateen
Atwood
Hampton
Parham
Bargeron
H&rdin
Park
Barrett
Harris
Paulk
Bean
Harrison of Camden Phillips
Bennett of Bacon
Harrison of Jenkins Pittard
Bennett of Jeff Davis Hodges
Pope
Bland
Home
Powell
Brown
Howard of Chatt'h'chee Purvis
Burton
HJms.n
Bivers
Bush
James
Roberts
Cain
Johnson of MontgomeJ:Y Robertson
Carlisle of Bibb
Jones of Lumpkin Sammon
carlisle of Gradr
Jones of Paulding
SCarbrough
Chalker
Killebrew
Seckinger
Chambers
Kimbrough
Sharpe
Clements of Marion K mser
S:ms
Clements of Telfair Lanier
Sisk
Collier
Leathers
Skelton
Courson
Lester
Stewart
Cullens
Logan
Stone
Culpepper of F&.Jette Lord
Strickland of Douglas
Davis of Troup
:McKoy
Strickland of Haralson
Done.ldson
McLeod
Sutton
Dorsett
KcRae
Tate
Dykes
Mallard
T&.Jlor
Eckford
Mattox
Trotter
Edwards of Gilmer Mercer
Walker of Morgan
Edwards of Stephens Mixon
Walker of Screven
Elliott
MontgomeJ:Y
Weeks
Evans
Mootr
Whittle
Fraser
Morris
Wilson
Freeman
More
Yawn
Green
Those voting in the negative were Messrs.:
Alexander Allen Almand Awtrey
Battle
Beaman Beasley Brannen Brunson
Bunn
cannon Cartledge Childs Clark Cochran
1162
JouRNAL oF THE HousE,
Colson Cozart Crawford Crowe Culpepper of Echols Davis of Floyd Davis of Mitchell Duncan Edmondson Fagan Franklin Gillen Graham Grayson Griffin of Decatur Gullatt Hatcher Hawes Holt Howard of Long
Hubbard of Wilkinson Huddleston Johnson of Seminole Jones of Burke Kennedy Key King of Newton Lance Lanham Lewis of Gordon Lewis of Hancock Lindsay McElreath McGehee McWhorter Meredith Myrick Nelson of Cook Nelson of Laurens Patten
Peebles Preston Rabun Ross of Appling Rosser Simmons Stanton Still Swain Thomas Thomoson Thompson Townsend Trapnell Turner Waldrop Walker of Ben Hill Wall Westbrook Wood
Those not voting were Messrs.:
Arnold
Irvin
Ashley
Johnson of Pike
Cowart
Johnston
Davis of Jackson
King of Clay
Dixon
Mardre
Edwards of Lowndes Maynard
Gary
O:iver
Hubbard of Habersham Pace
Hutcheson
Purdy
Ross of Dodge Shirley Spivey Tippins Walker of Brooks Wilkes Williams Mr. Speaker
By unanimous consent, the verification of the roll call was dispensed with.
On the motion to table House Bill No. 531 and all amendments thereto, the ayes were 106, nays 75, and the motion prevailed.
Mr. Dykes of Dooly moved that the House do now adJOurn.
Mr. Lewis of Hancock gave notice that at the proper time he would move that the House reconsider its action in tabling House Bill No. 531 and all amendments thereto.
THURSDAY, AUGUST 13, 1931.
1163
Privileges of the floor were granted to Hon. W. A. Partee.
Under the provisions of House Resolution No. 30, the Speaker appointed the following members of the House to act as a committee on the part of the House:
The Speaker appoints, on the part of the House, the following members of the House to constitute the committee to attend the unveiling of the monument to Dr. Paul Fitzsimmons Eve at Augusta on November 14th, next, under the provisions of House Resolution No. 30:
Messrs. Culpepper of Fayette,
Davis of Mitchell,
Nelson of Cook,
Beasley of Tattnall,
Bargeron of Burke,
Alexander of Chatham,
'vVeeks of Columbia,
Meredith of Muscogee,
McRae of Fulton,
Johnson of Seminole.
The motion to adjourn prevailed, and the Speaker announced the House adjourned until tomorrow morning, at 9:00 o'clock.
1164
JouRNAL OF THE HousE,
REPRESENTATIVE HALL, ATLANTA, GA.,
FRIDAY, AccusT 14, 1931.
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 Allen Almand Andrews Arnold Arrington Ashley Atwood Awtrey Bargeron Barrett Battle Beaman Bean Beasley Bennett of Bacon Bennett of Jeff Davis Bland Brtmnen Brown Brunson Bunn Burton Bush Cain Cannon Carlisle of Bibb Carlisle of Grady Cartledge Chalker
Chambers Childs Clark Clements of Marion Clements of Te.lfair Cochran Collier Colson Courson Cowart Cozart Crawford Crowe Cullens Culpepper of Echols Culpepper of Fayette Davis of Floyd Davis of Jackson Davis of Mitchell Davis of Troup Dixon Donaldson Dorsett Duncan Dykes Eckford Edmondson Edwards of Gilmer Edwards of Stephens Elliott Evans
Fagan Franklin Fraser Freeman Gary Gillen Graham Grayson Green Greer Griffeth Grilfin of Decatur Griftin of Wilkes Gullatt Hampton Hardin Harris Harrison of Camden Harrison of Jenkins Hatcher Hawes Hodges Holt Horne Howard of Chatt'h'chee Howard of Long Hubbard of Habersha Hubbard of Wilkinson Huddleston Hutcheson Hyman
FRIDAY, AUGUST 14, 1931.
1165
Irvin
Montgomery
James
Mooty
Johnson of Montgomery Morris
Johnson of Pike
Moye
Johnson of Seminole Mundy
Johnston
Musgrove
Jones of Burke
Myrick
Jones of Lumpkin Nelson of Cook
Jones of Paulding
Nelson of Laurens
Kennedy
Oliver
Key
Osteen
Killebrew
Pace
Kimbrough
Parham
Kimsey
Park
King of Clay
Patten
King ot Newton
Paulk
Lance
Peebles
Lanham
Phillips
Lanier
Pittard
Leathers
Pope
Lester
Powell
Lewis of Gordon
Preston
Lewis of Hancock
Purdy
Lindsay
Purvis
Logan
Rabun
Lord
Rivers
McElreath
Roberts
McGehee
Robertson
McKoy
Ross of Appling
McLeod
Ross of Dodge
McRae
Rosser
McWhorter
Sammon
Mallard
Scarbrough
Mitrdre
Seckinger
Mattox
Sharpe
Mercer
Shirley
Meredith
Simmons
Mixon
Sims Sisk Skelton Spivey
Stanton Stewart Still Stone Strickland of Douglas Strickland of Haralson Sutton Swain Tate Taylor Thoma,s Thomoson Thompson T1ppins Townsend Trapnell Trotter Turner Waldrop Walker of Ben Hill Walker of Brooks Walker of Morgan Walker of Screven Wall Weeks Westbrook Whittle Wilkes Williams Wilson Wood Yawn Mr. Speaker
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate, to-wit:
1166
JouRNAL oF THE HousE,
By Mr. Jones of the 51st District-
Senate Bill No. 157. A bill to be entitled an Act to abolish the office of Tax Receiver and Tax Collector of Milton County and to create a Tax Commissioner, and for other purposes.
By Mr. Tippins of the 49th District-
Senate Bill No. 159. A bill to be entitled an Act to amend an Act incorporating the City of Claxton, approved July 28, 1911, and all Acts amendatory thereof; fixing the salaries and terms of. office of the rnayor and councilmen; providing for the election of a clerk and a treasurer, and fixing their salaries and terms of office; prescribing the qualifications of voters in said city; providing for the collection of ad valorem and street taxes; and for other purposes.
By Mr. Neisler of the 23rd District-
Senate Bill No. 160. A bill to be entitled an Act to amend Section 1256 of the Civil Code of 1910 relating to the security to be given by State depositories, so as to authorize the deposit of validated counties and municipal bonds, and for other purposes.
By Mr. Moore of the 47th District-
Senate Bill No. 163. A bill to be entitled an Act to abolish the office of County Treasurer of Colquitt County, and for other purposes.
By Mr. Harris of the 18th District-
Senate Bill No. 164. A bill to be entitled "An Act to amend the charter of the City of Louisville."
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
FRIDAY, AUGUST 14, 1931.
1167
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following resolution of the House, to-wit:
By Messrs. Eckford, McRae, and Still of Fulton, and Gullatt of Campbell-
House Resolution No. 25-191a. A resolution extending the authority and powers of the Western & Atlantic Railroad Commission, and for other purposes.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr: Speaker:
The Senate has passed by the requtslte constitutional majority the following bills of the Senate, to-wit:
By Messrs. Reagan of the 35th District and Weekes of the 34th District-
Senate Bill No. 152. A bill to be entitled an Act to amend an Act to establish a new charter for the City of Atlanta approved February 28, 187,1, and July 27, 1929, and for other purposes.
By Mr. Dekle of the 6th District-
Senate Bill No. 158. A bill to be entitled an Act to consolidate the offices and duties of the Tax Receiver and Tax Collector of Lowndes County, and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House, to-wit:
By Mr. Cain of CrispHouse Bill No. 363. A bill to be entitled an Act to amend
1168
JouRNAL oF THE HousE,
an Act entitled "An Act to create a Board of Commissioners for the County of Crisp;" and for other purposes.
By Mr. McRae of Fulton-
House Bill No. 528. A bill to be entitled an Act to amend an Act entitled "An Act to repeal all laws, amendments to laws heretofore passed incorporating the City of Manchester, to provide for incorporating said city under the name of College Park, etc., and for other purposes," approved December 16, 1895, and for other purposes.
By Mr. Freeman of Monroe-
House Bill No. 538. A bill to be entitled an Act to abolish the offices of Tax Collector and Tax Receiver in the County of Monroe, and to create in their stead a County Tax Commissioner for Monroe County, Georgia, and for other purposes.
By Mr. Morris of Atkinson-
House Bill No. 560. A bill to be entitled an Act to amend an Act approved August 15, 1904, entitled an Act to create a new charter .for the Town of Willacoochee, in the County of Coffee, and for other purposes.
The Senate has passed by substitute by the reqms1te constitutional majority the following bill of the House, to-wit:
By .Mr. Edwards of StephensHouse Bill No. 448. A bill to be entitled an Act to
abolish the offices of Tax Receiver and Tax Collector of Stephens County and to create the office of Tax Commissioner of Stephens County, and for other purposes.
The Senate has passed by the requisite constitutional majority the following joint resolutions of the Senate, towit:
FRIDAY, AUGUST 14, 1931.
1169
By Mr. Williams of the 27th District-
Senate Resolution No. 57. A joint resolution to provide for the celebration of the 200th anniversary of the State of Georgia.
By Mr. Hand of the 8th District-
Senate Resolution No. 56. A joint resolution that the General Assembly of Georgia go on record as being opposed to the proposed sale by the Federal Farm Board of 1,300,000 bales of cotton to Germany and others, because of disastrous effect upon United States cotton industry.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has concurred with the House amendments to the following bills of the Senate, to-wit:
By Mr. Williams of the 27th District-
Senate Bill No. 68. A bill to be entitled an Act to amend an Act to provide for a charter for the City of Monroe, Georgia.
By Mr. Williams of the 27th District-
Senate Bill No. 69. A bill to be entitled an Act entitled an Act to abolish the office of Tax Receiver and Tax Collector of Walton County, Georgia; to create the office of Tax Commissioner of Walton County; and for other purposes.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker: The Senate has passed by the requisite constitutional
majority the following bill of the House, to-wit:
1170
JouRNAL OF THE HousE~
By Mr. Stone of EarlyHouse Bill No. 490. A bill to be entitled an Act to re-
peal an Act of the General Assembly approved August 21, 1906, to establish the City Court of Blakely, in and for the County of Early, and for other purposes.
Mr. Hardin of Whitfield, 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. Nelson of Cook, Vice-Chairman of the Committee on Rules, submitted the following report:
August 14, 1931. Mr. Speaker:
Your Committee on Rules, having had under consideration the Calendar of the Day, has fixed the following order:
House Bill No. 278. Reciprocity Tag Bill. House Bill No. 67. Banking Bill. Senate Resolution No. 8. Inaugural Bill. Senate Resolution No. 43. Code Bill. Senate Bill No. 35. Game and Fish Bill. House Bill No. 468. Insurance Bill. House Bill No. 429. Budget Bill. House Bill No. 352. Druggist Bill. House Bill No. 356. Pure Seed Bill. Senate Bill No. 61. Regulating Rail Road Crossing. Senate Bill No. 116. Material Liens Bill.
FRIDAY, AucusT 14, 1931.
1171
House Bill No. 602. \Voman's Club Bill.
House Bill No. 313. Soldiers' Pension Bill.
The committee recommends a session for Saturday, August 15th, for the consideration of many important bills.
Respectfully submitted, NELSON of Cook, Vice-Chairman.
By unanimous consent, t:he 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.
5. First reading of Senate bills and resolutions.
By unanimous consent, House Bill No. 627 was withdrawn from the Committee on Counties and County Matters, read the second time, and recommitted.
Mr. Lindsay of DeKalb moved that the calendar as set by the Rules Committee be amended by placing House Bill No. 628 at the head of the calendar.
On the motion, Mr. Rosser of Walker moved the ayes and nays, and the call was not sustained.
On the motion to amend the calendar as set by the Rules Committee, the ayes were 110, nays 18; the motion having received the requisite majority under Rule 44 prevailed, and House Bill No. 628 was placed at the head of the calendar.
lli2
JouRNAL OF THE HousE,
Mr. McRae of Fulton submitted the following amendment to the report of the Committee on Rules:
Mr. McRae of Fulton moves to amend the report of the Committee on Rules by inserting therein after the words: "House Bill No. 278. Reciprocity Tag Bill" the words "House Bill No. 78. To consolidate the offices of Tax Collector and Tax Receiver of Fulton County. House Bill No. 79. To abolish the Board of Commissioners of Roads and Revenues of Fulton County. House Bill No. 80. To create a Board of Commissioners of Roads and Revenues of Fulton County, the debate on House Bills Nos. 78, 79, and 80 to be limited to ten (10) minutes to each side on each bill."
On the motion to amend the report of the Rules Committee, Mr. McRae of Fulton moved the ayes and nays, and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams
Dorsett
Johnson of Pike
Almand
Duncan
Jones of Burke
Arnold
Ecktord
Jones of Paulding
Arrington
Edmondson
Kennedy
Atwood
Edwards of Stephens Killebrew
Bargeron
Evans
Kimsey
Bean
Fraser
Lanham
Bennett of Bacon
Freeman
Lanier
Bennett of Jeff Davis Graham
Leathers
Brunson
Green
Logan
Bunn
Griffeth
Lord
Burton
Griffin of Wilkes
McElreath
Bush
Hampton
McGehee
Carlisle of Bibb
Harris
McRae
Carlisle of Grady
Harrison of Jenkins Mattox
Chambers
Hatcher
Mercer
Childs
Hawes
Mixon
Clements of Marion Holt
Montgomery
Clements of Telfair Horne
Mooty
Davis of Troup
Hubbard of Wilkinson Morris
Dixon
Johnson of Montgomenr Moye
FRIDAY, AucusT 14, 1931.
117:
Musgrove Osteen Park Powell Preston Purdy Robertson Ross of Appling Sammon Scarbrough
Seckinger
Thompson
Sims
Trapnell
Sisk
Waldrop
Skelton
Walker of Brooks
Spivey
Walker of Morgan
Stewart
Walker of Screven
Stone
Weeks
Strickland of Douglas Whittle
Strickland of Haralson Williams
Taylor
Yawn
Those voting in the negative were Messrs.:
Alexander Allen Ashley Awtrey Barrett Beaman Beasley Bland Brannen Brown Cain Cartledge Clark Cochran Collier Colson Courson Cowart Cozart Crawford Crowe Culpepper of Echols Culpepper of Fayette Davis of :E}.oyd Davis of Mitchell Dykes Elliott
Franklin
Nelson of Cook
Griffin of Decatur
Nelson of Laurens
Gullatt
Oliver
Hodges
Pace
Howard of Long
Parham
Hubbard of Habersham Patten
Huddle3ton
Paulk
Hyman
Peebles
Irvin
Pittard
James
Purvis
Johnson of Seminole Rabun
Johnston
Rivers
Jones of Lumpkin
Roberts
Key
Rosser
Kimbrough
Sharpe
King of Clay
Simmons
King of Newton
Still
Lance
Swain
Lester
Tate
Lewis of Gordon
Thomas
Lindsay
Thomoson
McKoy
Townsend
McLeod
Turner
McWhorter
Walker of Ben Hill
Mallard
Wall
Mardre
Wilson
Meredith
Wood
Those not voting were Messrs.:
Andrews Battle Cannon Chalker
Cullens Davis of Jackson Donaldson Edwards of Gilmer
Edwards of Lowndes Fagan Gary Gillen
1174
JouRNAL OF THE HousE,
Grayson
Maynard
Greer
Mundy
Hardin
MYiick
Harrison of Camden Phillips
Howard of Chatt'h'chee Pope
Hutcheson
Ross of Dodge
Lewis of Hancock
Shirley
Stanton Sutton Tippins Trotter Westbrook Wilkes Mr. Speaker
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the amendment, the ayes were 93, nays
81.
The amendment having failed to rece1ve the requisite majority under Rule 44 was lost.
Mr. McRae of Fulton moved that the House reconsider its action in failing to adopt the amendment to the report of the Rules Committee offered by him.
On the motion to reconsider, Mr. McRae of Fulton moved the ayes and nays, and the call was sustained.
Mr. McRae of Fulton asked unanimous consent that he be allowed to withdraw his motion for the ayes and nays, and the request was granted.
On the motion that the House reconsider its action in failing to adopt the amendment to the report of the Rules Committee offered by Mr. McRae of Fulton, the ayes were 65, nays 77, and the motion was lost.
Mr. Nelson of Cook asked unanimous consent that when the House finally adjourn today, it stand adjourned until 9:00 o'clock tomorrow morning, and the request was granted.
The joint committee of the House and Senate on \Vestern & Atlantic Railroad submitted the following report:
FRIDAY, AucusT U, 1931.
117:->
JOINT REPORT OF THE
\\'ESTERN & ATLA:\TTIC RAILROAD COMMITTEES OF THE SE~ATE A~D HOUSE OF REPRESE:\TTATIVES
1931
Members of the respective committees made an inspection of the \\'estern & Atlantic Railroad including the terminal properties in Atlanta and Chattanooga July 24 and 25, 1931.
Since the 1929 session of the General Assembly, The Nashville, Chattanooga and St. Louis Railway, lessee of the Western & Atlantic Railroad has completed and put in operation a new passenger station in Adan ta with all necessary facilities wholly on the property of the State. The building itself has a pleasing architectural effect and is modern and complete in all its details. The total expenditures by the lessee, including buildings, tracks, sheds, etc., are in ex.cess of one-half million dollars.
The committee reports that it found the physical condition of the road excellent and believes that the statement of the engineer of the State that the road is being maintained fully up to the requirements of the lease Act of 1915 is correct.
In inspecting the Chattanooga terminals the committee had in mind criticisms openly expressed by certain citizens of Chattanooga as to the condition of buildings and the absence of improvements on the non-railroad property which is included in the lease contract to theN. C. & St. L. Railway dated May 11, 1917. While it is admitted that the present conditions are not as satisfactory as they would be if the property were improved with modern structures, the matter is not directly anything that the State of Georgia can take action on. It is in the hands of the lessee.
At a joint session of the committee held in the Hotel Patten on the morning of July 25, the State's engineer
1176
JouRNAL OF THE HousE,
made a brief statement covering the history of theW. & A. R. R. and other facts connected with the property. It is the opinion of the committee that the State has a splendid asset in the Western & Atlantic Railroad.
Respectfully submitted,
BEN. T. BROCK,
Chairman Senate Committee.
CHAS. J. MEREDITH,
Chairman House Committee.
The Committee of the House, appointed under the provisons of House Resolution No. 10-29a, submitted the following report:
Mr. Speaker:
Your committee, appointed under and by authority
contained in House Resolution No. 10-29a for the purpose
of making an examination and investigation of the Pension
Department and especially the methods used when adding
new names to the pension roll, beg leave to submit the follow-
ing report:
Your committee has made such examination and investigation of the Pension Department as was possible under the limited period of twenty days allowed for a report from your committee under the provision of said resolution, but has found it impossible to determine as to whether any of the pensioners now on the pension rolls, have been placed thereon illegally. Your committee in making its investigation found that the number of pensioners added to the rolls from the year 1920 to August 1, 1931, and the total number of pensioners during each of said years to be as follows:
FRIDAY, AucusT 14, 1931.
1177
ADDED TO ROLLS:
Year
Soldiers
Widows
1920 .................. 206
640
1921 .................. 97
365
1922 .................. 114
403
1923 .................. 99
338
1924 .................. 87
332
1925 .................. 47
324
1926 .................. 180
709
1927 .................. 69
298
1928 .................. 30
206
1929 .................. 18
135
1930 .................. 16
115
1931 to August 1 ........ 12
66
Total
846 462 517 437 419 371 889 367 236 153 131
78
975
3,931
4,906
Your committee finds that there are now on said rolls, as shown by said statement 975 veterans and 3,931 widows, making a total of 4,906 pensioners now drawing pensions from the State. That during the term of the present Commissioner, only one addition has been made to the pension roll.
This committee, in view of the large number of additions to the pension roll, and especially the large number of additions made during the years 1920, 1922, and 1926, as shown in the above statement, do recommend that the present Commissioner of Pensions make a thorough examination of the pension rolls and remove therefrom all persons who may be on said rolls illegally.
Your committee is of the opinion that if the citizens of the different counties in the State were informed as to the persons who were drawing pensions through the ordinaries of the different counties, it would not only have the effect of .assisting the Grand Juries and the Pension Department in removing from the pension rolls all persons who may be
lli8
JouRNAL oF THE HousE,
thereon illegally, but would likewise prevent those from applying for pensions who are not legally entitled- to same. And we, therefore, further recommend that appropriate legislation be enacted requiring the ordinaries of the State to furnish each year to the Grand Juries of their respective counties at the first term of the Superior Court, a list of the pensioners of such county and that the Grand Juries be required to publish said list of pensioners in their General Presen tmen ts.
Respectfully submitted,
DuNCAN of Houston,
BuRTON of Franklin,
McKoY of Coweta,
JOHNSON of Seminole,
MoRRIS of Atkinson,
Committee.
The. following resolution of the House was read and adopted:
By Mr. Walker of Brooks-
House Resolution No. 103.
A RESOLUTION
Whereas, the American Veterinary Medical Association will meet in annual convention in Kansas City the latter part of August, and
Whereas, the economic value of animal husbandry is one of Georgia's greatest assets, and
ff/herea ., the above named organization is composed of men who are bringing the most modern scientific knowledge to bear upon problems connected with animal husbandry,
FRIDAY, AucusT H, 1931.
1179
Therefore, be it Resolved, by the House of Representatives of the Legislature of Georgia in biennial session, that we heartily endorse the invitation to be extended to this organization by the Georgia members to hold their 1932 convention in Atlanta and add our own cordial invitation to the American Veterinary Medical Association to select Atlanta as their next meeting place.
By unanimous consent, the following bills and resolution of the House were introduced, read the first time, and referred to the committees:
By Nelson of Laurens and othersHouse Bill No. 636. A bill to authorize and direct the
Governor to propound to the United States claims for return of taxes alleged to have been illegally collected, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Messrs. Lance and Oliver of HallHouse Bill No. 637. A bill to amend the charter of the
Town of Clermont, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Lanier and Lester of RichmondHouse Resolution No. 102-636a. A resolution to in-
vestigate actual cotton in hands of Federal Farm Board, and for other purposes.
Referred to Committee on General Agriculture No. 1.
Mr. Culpepper of Fayette County, Chairman of the Committee on Appropriations, submitted the following report:
1180
JouRNAL OF THE HousE,
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:
House Resolution No. 63-448 do pass.
Respectfully submitted,
CuLPEPf'ER of Fayette,
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 resolution of the House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Resolution No. 10Q-634b. A resolution providing for the appointment of a committee to rewrite the School Code of Georgia. Do pass.
Respectfully submitted,
DAvis of Floyd,
Chairman.
Mr. Hubbard of Wilkinson, Chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker:
Your Committee on Enrollment has examined, found properly enrolled, signed, and ready for delivery to the Governor, the following Act, to-wit:
FRIDAY, AucusT 14, 1931.
1181
House Bill No. 508. An Act to amend and consolidate the several Acts incorporating the City of Marietta.
Respectfully submitted, HuBBARD of Wilkinson,
Chairman.
Mr. Lanham of Floyd County, Chairman of the Committee on Georgia School for the Deaf, submitted the following report:
Mr. Speaker:
Your Committee on Georgia School for the Deaf 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:
House Resolution No. 98-629a do pass.
Respectfully submitted,
LANHAM of Floyd,
Chairman.
Mr. Cannon of Rockdale County, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Mr. Speaker:
Your Committee on Hygiene and Sanitation 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 that:
House Bill No. 432 do pass by substitute.
1182
JouRNAL oF THE HousE,
Senate Bill No. 136 do pass as amended. Respectfully submitted, CANNON of Rockdale, Chairman.
Mr. Trotter of Taliaferro County, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. Speaker: Your Committee on Muncipal Government has had
under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 512 do not pass.
House Bill No. 626 do pass. Senate Bill No. 137 do pass.
Respectfully submitted,
TROTTER of Taliaferro,
Chairman.
Mr. Beasley of Tattnall 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 and resolution of the House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 445 do not pass.
House Bill No. 534 do not pass.
FRIDAY, AucusT 14, 1931.
1183
House Bill No. 633 do pass. House Resolution No. 61-405b do not pass.
Respectfully submitted, BEASLEY of Tattnall, Chairman.
Mr. Crawford of Floyd 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:
House Bill No. 563 do pass by substitute as amended.
House Bill No. 632 do pass.
Respectfully submitted, CRAWFORD of Floyd, Chairman.
Mr. Collier of Madison County, Chairman of the Committee on State of the Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of the Republic has had under consideration the following bills of the Senate and has instructed me, as chairman, to report the same back to the House with the recommendation that:
Senate Bill No. 140 do pass.
1184
JouRNAL or THE HousE,
Senate Bill No. 126 do pass. Respectfully submitted, CoLLIER of Madison, Chairman.
Mr. Lindsay of DeKalb 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 and resolution of the House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 537 do pass. House Resolution No. 86-567a do pass.
Respectfully submitted, LINDSAY of DeKalb, Chairman.
Mr. Meredith of Muscogee County, Chairman of the Committee on vVestern and Atlantic Railroad, submitted the following report:
Mr. Speaker:
Your Committee on vVestern and Atlantic Railroad has had under consideration the following resolution of the Senate and has instructed me, as chairman, to report the same back to the House with the recommendation that:
FRIDAY, AUGUST 14, 1931.
118;)
Senate Resolution No. ;)0 do pass as amended. Respectfully submitted, MEREDITH of Muscogee, Chairman.
By unanimous consent, the following bills and resolut!ons of the House, favorably reported, were read the second time:
By l'vlr. Freeman of Monroe-
House Bill No. 537. A bill to change the name of the School of Mechanic Arts at Forsyth, and for other purposes.
By Messrs. Crawford and Lanham of Floyd-
House Bill No. 563. A bill to amend an Act creating a new charter for the City of Rome, and for other purposes.
By 1\Iessrs. Oliver and Lance of Hall-
House Bill l\o. 626. A bill to repeal an :\ct creating a charter for the Town of Belmont, and for other purposes.
By Mr. Gary of Quitman-
House Bill No. 632. A bill to ameQd an :\ct creating a Board of Roads and Revenues for Quitman County, and for other purposes.
By Messrs. Rivers of Wheeler and Kennedy of LamarHouse Bill No. 633. A bill to regulate contracts for the
Highway Department, and for other purposes.
By l\'lr. Freeman of Monroe-
House Resolution No. 86-567a. A resolution to authorize the trustees of the School of Mechanical Arts at Forsyth to sell certain property, and for other purposes.
118G
Jo~RNAL OF THE HousE,
By ~Iessrs. Crawford, Davis, and Lanham of Floyd-
House Resolution ~o. 98-629a. A resolution to provide for a commission to purchase the Hearn Academy property for the School for the Deaf, and for other purposes.
By l\Iessrs. 1\lixon of Irwin, Cochran of Thomas, and others-
House Resolution No. 100-634b. A resolution for the appointment of a committee to rewrite the School Code of Georgia, and for other purposes.
By :\lessrs. Mooty of Troup, Kennedy of Lamar, and others-
House Resolution No. 63-448a. A resolution to provide for the payment of the Reorganization Committee.
By unanimous consent, the following bills and resolut~on of the Senate, favorably reported, were read the second time:
By 1\lr. Reagan of the 35th District-
Senate Resolution No. 50. A resolution approving the action of the Western & Atlantic Railroad Commission in respect to improvements on the \Vestern & Atlantic Railroad property in Atlanta, and for other purposes.
By l\Iessrs. Duckworth of the 7th District, Harris of the 18th District, and Hand of the 8th District-
Senate Bill No. 126. A bill to provide for monthly budgets by heads of departments before expenditure of any sum, and for other purposes.
By Mr. McKenzie of the 48th District and others-
Senate Bill No. 136. A bill to amend an Act regulating the practice of the occupation of a barber, and for other purposes.
FRIDAY, AucusT 14, 1931.
1187
By Messrs. Reagan of the 35th District and Weekes of the 34th District-
Senate Bill No. 137. A bill to amend an Act establishing a new charter for the City of Atlanta, and for other purposes.
By Mr. Knabb of the 4th District-
Senate Bill No. 140. A bill to revise and amend the forestry laws and the laws pertaining to geology, and for other purposes.
By unanimous consent, the following bills of the House were read the third time and placed upon their passage:
By Mr. Scarbrough of Polk-
House Bill No. 583. A bill to be entitled an Act to amend an Act incorporating the Towry of Rockmart, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The bill having received the requ.isite constitutional majority was passed.
By l\Ir. Atwood of Mcintosh-
House Bill No. 585. A bill to be entitled an Act to exempt certain residents of the County of Mcintosh from live-stock license fee, and for other purpJses.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to exempt the residents of the County of Mcintosh who are not regularly engaged in doing busi-
JouRNAL oF THE HaesE,
ness as dealers in live-stock, but who only casually purchase or acquire live-stock for the purpose of resale within said county from the payment of the license fee otherwise provided by law for dealers in live-stock in said county and providing that they shall be subJeCt to pay only an annual license fee of S5.00; and for other purposes.
Section 1. Be it enacted by the General A.ssembly of the State of Georgia and it is hereby enacted by the authority of the same that any resident of the County of Mcintosh who is not regularly engaged in doing business as a dealer in live-stock, but who is regularly engaged in some other business as farming, the mercantile business, or otherwise, who may only casually purchase or acquire live-stock for the purpose of resale within said county at retail only or as a butcher or meat market dealer, shall not be subject to a license fee otherwise provided by law for dealers in live-stock in said county, but shall be subject to pay only an annual license fee of S5.00.
Sec. 2. Be it 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 by substitute, was agreed to.
On the passage of the bill, the ayes were 108, nays 0.
The bill having received the requisite constitutional majority was passed by substitute.
By Messrs. Almand and Preston of Walton-
House Bill No. 620. A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues of \Valton County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
FRIDAY, A.UGUST 14, 1931.
1189
On the passage of the bill, the ayes were 111, nays 0.
The bill having received the requisite constitutional majority was passed.
By i\.Iessrs. Spivey and Williams of EmanuelHouse Bill :\o. 621. A bill to be entitled an :\ct to amend
an Act creating the City Court of Swainsboro, and for olher purposes.
The report 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.
By lVIr. Lewis of GordonHouse Bill No. 624. A bill to be entitled an Act to create
the office of Commissioner of Roads and Revenues of Gordon County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, nays 0.
The bill having received the requisite constitutional majority was passed.
By unanimous consent, the following bills of the House were read the third time and placed upon their passage:
By Messrs. Lanier and Lester of Richmond-
House Bill No. 432. A bill to be entitled an Act to combine the Board of Health for the City of Augusta with the Board of Health of Richmond County, and for other purposes.
The following Committee substitute was read and adopted:
1190
-JouRNAL or THE HousE,
A BILL
To be entitled an Act to repeal an Act entitled, "An Act to authorize the City Council of Augusta to create a Board of Health for said City," approved February 26, 1877; amended August 23, 1879; amended December 8, 1880; amended August 15, 1922, and amended August 2, 1924; to combine the Board of Health of the City cf Augusta with the Board of Health for Richmond County, and said combined body to be known as the "Richmond County Department of Health;" the jurisdiction of said body to extend over both the city and county; 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 on and after the passage of this Act, the Act entitled "An Act to authorize the City Council of Augusta to create a Board of Health for said city," approved February 2G, 1877; and amended August 23, 1879, December 8, 1880; August 15, 1922, and August 2, 192,1; and all of its amendments are hereby repealed insofar as they conflict with any provision of this Act.
Sec. 2. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that on and after the passage of this Act, there is hereby created for the City of Augusta and Richmond County a department of health to be known as the "Richmond County Department of Health," and to be composed of (1) a County Board of Health; and (2) a Commissioner of Health.
Sec. 3. The said membership of the County Board of Health shall be composed as follows: 1. The Mayor of the City of Augusta. 2. The Chairman of the Board of Roads and Revenues of Richmond County. 3. The Superintendent of the Board of Education of Richmond County.
FRIDAY, AuGUST 14, 1931.
1191
4. The Commissioner of Health, as hereinafter provided. 5. Two physicians from the City of Augusta who are to be members of the Richmond County :Medical Society and to be elected as hereinafter provided. 6. Two lay citizens of the City of Augusta to be elected by the City Council of Augusta as hereinafter provided. 7. One lay citizen from the County of Richmond and living outside of the limits of the City of Augusta and to be elected as hereinafter provided. 8. One physician to be elected by the grand jury in the manner provided by the terms of the Ellis Health Law.
The Commissioner of Health shall be the present incumbent (Dr. E. E. Murphy), whose term of office shall continue until the regular June meeting of the County Board of Health in 1933. He shall serve on a part-time basis with authority to employ such full time deputy or deputies as may, in his judgment, confirmed by the board seem to be necessary, these deputies shall be men trained in Public Health and approved by the State Board of Health of Georgia. At the expiration of the present commissioner's term of office or in the event of his prior resignation or death, the office of commissioner shall be placed upon a full-time basis and filled by the board, as hereinafter provided. The board shall after its organization elect at least one full-time deputy commissioner, whose term of office shall run no longer than the term of the commissioner named in this Act. The salary of such deputy commissioner shall not excee~ t~e salary provided in Section 7 of this Act for the comm1ss10ner.
The member to be elected by the grand jury shall be the present incumbent (Dr. H. W. Shaw), who shall hold office until the expiration of the present term for which he has been elected by the grand jury. His successor shall be elected by the grand jury preceding the expiration of his present term of office.
The two physicians from the City of Augusta as herein provided shall be elected as follows:
1192
JouRNAL oF THE HousE,
The Richmond County Medical Society shall, at its November session for 1931, (and each four years thereafter) nominate by a majority vote six licensed physicians from the City of Augusta and members in good standing of the Richmond County Medical Society for membership on the County Board of Health. The names of the six physi-
cians so nominated shall be submitted to the City Council
of Augusta at its regular December meeting in 19:)1 (and each four years thereafter), and from the list of names so submitted, the City Council of Augusta shall elect two of such physicians to be members of the County Board of Health.
The two lay citizens of the City of Augusta, provided for in this Act, shall be elected by the City Council of :\ugusta at its regular December meeting in 1931 (and each four years thereafter).
The one lay citizen from the county living outside of the limits of the City of Augusta is to be elected by the Richmond County Board of Commissioners of Roads and Revenues, at its regular December meeting in 1931 (and each four years thereafter).
In case of a vacancy on the County Board of Health, other than the Mayor of the City of Augusta; the Chairman of the Board of Commissioners of Roads and Revenues; the Superintendent of the County Board of Education, who are members of said board, by virtue of their office, said vacancy or vacancies shall be filled by the same method as above set forth for the election of such member or members.
Within thirty days after the election herein provided for
by the City Council of Augusta and the Board of Commis-
sioners of Roads and Revenues, the County Board of
Health, as constituted in this Act, shall meet and organize
by electing from its membership a chairman who must be a
licensed physician.
FRIDAY, AucusT 14, 1931.
1193
The secretarial duties of this board shall be assumed by the present Secretary of the Board of Health of the City of Augusta, whose duties shall be fixed by the board. It shall be the duty of the secretary to keep written notice of all its meetings. At least one meeting shall be held monthly and others at the call of the chairman, the Commissioner of Health or a majority of the board. A quorum for business shall exist when four members are present exclusive of the chairman. A copy of all the minutes of all the meetings of the County Board of Health shall at all times be on file with the Clerk of City Council and another copy on file with the Clerk of the Board of Commissioners of Roads and Revenues.
Sec. 4. The members of the County Board of Health, other than the Commissioner, shall receive no salary.
Sec. 5. The County Board of Health is authorized and required to hold hearings in appeal, advise with the Commissioner of Health, and make annual printed reports to the Mayor of Augusta and the Richmond County Board of Commissioners of Roads and Revenues, on the condition of the public health and the activities of the department. The said Board of Health shall also have full power and authority to declare by ordinance what Acts and things shall be deemed and considered nuisances injurious to health, how and within what time the same shall be abated and likewise to declare by rule, regulation, or ordinance whatever may be, by the said County Board of Health, deemed necessary for the preservation of the public health, and for the prevention of the introduction and spread of infectious and contagious diseases. The rules, regulations, and ordinances of said County Board of Health shall have the force and effect of law until the same shall be amended by said board.
Any person, firm, or corporation who shall violate any rule, regulation, or ordinance promulgated by said County Board of Health shall upon conviction be punished by a
1194
JouRNAL OF THE HousE,
fine not to exceed $100.00 or ninety days of imprisonment, in the County Jail, or both, in the discretion of the court.
All such fines so imposed, shall be paid into the County Treasury and applied for county uses as are fines in other criminal cases.
The County Board of Health shall have the authority to pass regulations which shall apply only to citizens living within the limits of the city, and which shall not apply to citizens living outside the limits of the city, as well as regulations which shall apply only to citizens living in the county outside the city and which shall not apply to those citizens living within the limits of the city.
The Judge of the City Court of Richmond County shall have jurisdiction to try all persons charged with the violation of any order, rule, regulation, or ordinance of said County Board of Health and the said Judge of the City Court of Richmond County shall act in the capacity of both judges and jury. Appeals from the findings of the Judge of the City Court of Richmond County shall be made to the Superior Court of Richmond County on the same manner as other appeals from the City Court of Richmond County to the Superior Court are made.
Sec. G. The "Richmond County Department of Health" created by this Act, shall have all of the power relating to the public health now vested in the Board of Health of the City of Augusta, the Board of Health of Richmond County and in the governing bodies of Richmond County and every city or town located within said county. Said "County Department of Health" also shall be charged with the performance of all duties relating to the public health now prescribed by law for and upon the Board of Health of the City of Augusta, the Board of Health of Richmond County, and the governing bodies of Richmond County and every city or town located within said county or such duties as may hereafter be prescribed or imposed. The said "County Department of Health" shall also have full power to in-
FRIDAY, AucusT 14, 1931.
1195
stitute all sanitary measures necessary to the preservation of public health and likewise for the prevention of the introduction and spread of infectious and contagious diseases.
Sec. 7. The "County Board of Health" shall elect by a majority vote a "Commissioner of Health" to hold office for a term of at least four years, and with a salary of not less than ::55,000.00 per year. The salary of the Commissioner of Health is not to be changed during any single term of office and shall remain the same for at least four vears after the employment of any particular individual. No officer, or employee, of the Richmond County Department of Health shall receive a compensation, or salary, aggregating a sum equal to, or greater than, the salary paid to the Commissioner of Health. The Commissioner of Health shall be under the direct control of the County Board of Health as above composed and shall be responsible only to the Richmond County Department of Health. The Commissioner of Health shall be a full-time employee and shall hold no other office with the city, county or State governments, and shall have had at least five years previous experience in public-health matters with some. recognized public-health organization, or organizations. The Commissioner of Health shall not be a member of the County Board of Health and shall have no- vote on matters coming before the County Board of Health, but he shall attend all meetings of the County Board of Health, both "regular" and "special" meetings, and shall be ready at all times to advise members of the board as to health problems. The Commissioner of Health shall have complete control over administrative affairs of the Department of Health and shall be allowed to organize the several divisions of the "Department" in the manner that he considers for the best interests of the community, subject only to the approval of the Countv Board of Health. The Commissioner of Health shall have the power, subject to the approval of the Board of Health, to employ and discharge such assistants and workers in the Department of Health as may be
1196
JouRNAL OF THE HousE,
deemed necessary to carry into effect the provisions of this Act, except as may be hereinafter provided to the contrary. Provided, that the expenditures of the Department of Health shall not exceed the amount appropriated by the City Council of Augusta and the Richmond County Board of Commissioners of Roads and Revenues, for the purpose of carrying out the provisions of this Act. The Commissioner of Health shall be removed from office onlv after written charges of inefficiency, dishonesty, or a faiiure to comply with some requirement of this Act, have been preferred against the said Commissioner of Health, and a public hearing of said charges has been had before the County Board of Health. The said board shall sit in the capacity of judge and jury and must hear evidence both for and against the said Commissioner of Health. For the charges to be sustained, tho:re must be at least five members of the board to vote in favor of conviction, and the resultant removal from office of the Commissioner of Health.
The provisions of this Section 7 shall not apply during the term herein fixed for the Commissioner of Health, named in this Act. It shall, however, become of full force and effect at the expiration of the term of office of the said present commissioner, as fixed by this Act.
Sec. 8. The salaries of all officers and employees not otherwise stated in this Act shall be fixed by the County Board of Health.
Sec. 9. The necessary expenses of the Richmond County Department of Health shall form a legitimate item in the administration of the government of the City of Augusta and the County of Richmond.
Each year at the December monthly meeting of the County Board of Health the Commissioner of Health shall submit to the board a proposed budget for the coming year. This budget shall be reviewed and studied by the County Board of Health and approved as a whole, or such portions
FRIDAY, AUGUST 14, 1931.
1197
of it as the County Board of Health may deem expedient and wise.
The budget as thus approved by the County Board of Health shall be submitted to the Mayor and City Council of Augusta, and the Richmond County Board of Commissioners of Roads and Revenues. The budget shall then become the budget of the Richmond County Department of Health for the ensuing year and the same shall be divided between the City of Augusta and Richmond County, in direct proportions to the relations that the population of the City of Augusta bears to the population of Richmond County, excluding citizens living within the limits of the City of Augusta, as shown by the last United States Census.
The City Council of Augusta shall appropriate and turn over in a lump sum to the County Board of Health its proportion of the budget as shown by the aforesaid ratio and the Richmond County Board of Commissioners of Roads and Revenues shall do likewise. The payments by the City of Augusta and by Richmond County may for convenience be divided into smaller sums to be paid at specified periods during the year, should the same be agreeable to the County Board of Health.
Sec. 10. Nothing in this Act is intended to require or to be construed as requiring the Board of Commissioners of Roads and Revenues of Richmond County to defray any part of the expenses for the cleaning of streets, collection and disposal of garbage, removal of nuisances, or maintenance of scavenger service for the City of Augusta or any other incorporated town in Richmond County.
Sec. 11. The Richmond County Department of Health shall give preference to present employees of the Board of Health for the City of Augusta and the Richmond County Board of Health. The present employees are to be employed in the same capacities with the Richmond County Department of Health, as they are now employed by the Board of Health for the City of Augusta or the Richmond County
11U8
JouRNAL OF THE HousE,
Board of Health, whenever and wherever possible. After the initial personnel of the Richmond County Department of Health has been selected by the Commissioner of Health and approved by the County Board of Health, all vacancies occurring thereafter, and all positions created thereafter, shall be filled by a written competitive examination. As soon as possible, the Commissioner of Health is to formulate a set of Civil-Service Rules relative to requirements for each position in the Richmond County Department of Health which shall, also set forth the duties of the person holding each of said positions and these rules shall be approved by the County Board of Health, and made a part of the minutes of the County Board of Health with such additions or alterations as the board may deem wise. These rules shall set forth the method by which employees shall be removed from office in the Richmond County Department of Health, provided such removal has not been taken care of in this :\ct, and shall include other regulations which the County Board of Health may deem wise or necessary. These Civil-Service Rules shall be published in pamphlet form at the expense of the Richmond County Department of Health, and shall be considered as a contract between the Richmond County Department of Health and the then employees of the department.
The Civil-Service Rules as to employment shall contain the following requirements and whatever else the County Board of Health may deem wise or necessary. Vacancies must be filled by all the applicants for any said position standing a written competitive examination. All of said written competitive examinations shall be advertised at least once in a daily newspaper published in Richmond County and said advertisement shall occur at least ten davs before the examination is to be held. The advertisem~nt shall set forth the position to be filled, the requirements for the position, the time and the place of the examination, and whatever else that may be deemed wise or necessary by the County Board of Health.
FRIDAY, AucusT H, 19:H.
1199
The Commissioner of Health shall make out all examinations, and shall hold the same under the direction of the Countv Board of Health. The Commissioner of Health shall ~orrect all examination papers and shall report to the County Board of Health the names of the three applicants making the highest grades on the written examination, with this preference and selection of the applicant, who, in his opinion, should be employed to fill the position in the Richmond County Department of Health. The three applicants making the highest grades on the written examination shall compose the legible list for the position to be filled, provided all of said applicants shall score seventy or better. The Countv Board of Health shall confirm the selection of the Comm(ssioner of Health, unless the County Board of Health should be convinced that the applicant selected by the Commissioner of Health was not as capable as one of the other two applicants on the eligible list. Upon confirmation of the selection of the Commissioner of Health by the County Board of Health, the applicant so selected shall be elected for a probationary period of six months, and said probationary period of six months to be permanent unless the Commissioner of Health shall at the end of that period express in writing to the County Board of Health his dissatisfaction with the services of the person so appointed; in which case he shall name one of the individuals remaining on the eligible list for a probationary appointment and the above procedure shall be repeated until the position is filled. Should the position not be filled by one of the three on the eligible list created as above, then a new eligible list shall be created by holding a new examination, and this procedure repeated until the position is filled.
Separations from the service of the Richmond County Department of Health shall be only for such causes as will promote the good of the service. Separations shall not be made for political or religious reasons, nor shall such political or religious affiliations be inquired into, or considered
1200
JouRNAL oF THE HousE,
in any competitive examination to fill a position m the Richmond County Department of Health. Any employee whose removal from the service is sought shall be furnished with written charges that are to be preferred against him, or her, at least fifteen days before the proposed discharge from the service is to become effective. The employee who is sought to be removed or discharged, shall have not less than fifteen days to make a written answer to the charges preferred against him, or her, and to demand a public hearing before the full County Board of Health. At such public hearing before the full County Board of Health the employee whose removal is sought shall be privileged to present his defense in person, or by counsel, and shall be privileged to subpoena witnesses in his, or her behalf to appear before the County Board of Health.
Employees of the Richmond County Department of Health shall be eligible for pensions by the County Board of Health after they have been in the employ of the Richmond County Department of Health for not less than twenty-five years, and because of his, or her age, or physical condition, he or she is unable to efficiently continue his, or her, duties in the Richmond County Department of Health. The amount of said pension shall not exceed for one year an amount equal to orie-half of the highest yearly salary received by said employee while in the employ of the Richmond County Department of Health. The County Board of Health is to formulate a set of rules and regulations which it deems necessary to govern the pension of its employees, and these rules and regulations shall be published in the same pamphlet containing the Civil-Service Rules as above mentioned, and shall be considered as a contract between the Richmond County Department of Health and the employees of the Department of Health. These rules may be amended from time to time as the County Board of Health may deem wise, but the employees of the Richmond County Department of Health shall be privileged to choose between the rules in force at the time
FRIDAY, AuGusT !"4, 1931.
1201
of the beginning of their employment with the Richmond County Department of Health and the new rules as amended. Monies necessary to pay pensions shall form a legitimate item in the budget of the Richmond County Department of Health. The time that any employee of the Richmond County Department of Health has served in the Board of Health for the City of Augusta or in the Richmond County Board of Health shall be counted as service in the Richm.ond County Department of Health, in so far as pensions are concerned
Employees of the Richmond County Department of Health shall be privileged to vote as they please in any election and to express privately their opinions on any political subjects, but they shall not engage actively in any political campaign in behalf of any particular candidate. A violation of this provision shall be considered as sufficient cause for removal from the service to promote the good of the service.
Sec. 12. Within six months after the formation of the Richmond County Department of Health, the Commissioner of Health shall submit to the County Board of Health, a sanitary code which shall contain all of the rules, regulations, or ordinances, which the County Board of Health may deem necessary for the proper sanitation and health of Richmond County and the City of Augusta. This sanitary code, as approved by the County Board of Health, shall be published immediately in pamphlet form and made available to the citizens of this community.
This sanitarv code shall be revised at least once every four years by t.he County Board of Health, and the revised sanitary code printed in pamphlet form and made available to the citizens of the -community.
Sec. 13. All of the rights and privileges in the control of teaching and clinical material now existing by contract or agreement between the City Council of Augusta, and the :\1edical Department of the University of Georgia, located
1202
JouRNAL OF THE Hol:sE,
at Augusta, to-wit: The prenatal care of indigent women; the outdoor obstetric service of the University; the postnatal care of newborn infants; the maintenance of a sick baby and a well baby clinics; the control for teaching purposes of infectious and contagious diseases; the tuberculosis clinic; the venereal clinic; and such other activities as may be agreed upon by contract, shall be preserved in tact by the board. The same right of control by contract or agreement is specifically extended to the Department of Preventive Medicine of the University of Georgia, both in the city and county and the relationships and agreements between the City Board of Health and the County Board of Health and the Board of Education with regard to publichealth work in the schools of the city and county, shall also be maintained, in fact, by this board.
Sec. 14. The Richmond County Board of Health shall cooperate with the Georgia State Board of Health in accordance with the basic health laws of the State.
The recording of compilation and dissimination of Vital Statistics shall be in charge of the Registrar of Vital Statistics as provided for in the "Vital Statistic Act" of the State of Georgia.
Sec. 15. The provisions of what is commonly known as the "Ellis Health Law" shall be in force and effect in the County of Richmond and the said County Board of Health is hereby charged with the duties of enforcing the same.
Sec. 16. Should any portion or section of this Act be held unconstitutional, by the courts, such findings shall not be held to invalidate the remainder of this Act.
Sec. 17. All laws or parts of-laws in conflict with this Act are hereby repealed. This Act shall be in force from and after its approval, but the Board of Health of the City of Augusta and the present Richmond County Board of Health shall continue to function as separate units until January 1, 1932.
FRIDAY, AUGUST 14, 1931.
1203
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 104, nays 0.
The bill having received the requisite constitutional majority was passed by substitute.
By Messrs. Eckford, McRae, and Still of Fulton, and Beaman, Leathers, and Lindsay of DeKalb-
House Bill No. 573. A bill to be entitled an Act to allow city firemen to be loaned to County of Fulton, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Eckford, McRae, and Still of Fulton, and Beaman, Leathers, and Lindsay of DeKalb-
House Bill No. 575. A bill to be entitled an Act amending the charter of the City of Atlanta so as to allow said city to borrow S2,000,000.00, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill having received the requisite constitutional rnaj ori ty was passed.
By unanimous consent, the following bills of the Senate were read the third time and placed upon their passage:
By Mr. Denton of the 38th DistrictSenate Bill No. 87. A bill to be entitled an Act to pro-
1204
JouRNAL OF THE HousE,
vide a new charter for the Town of Hiram, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, nays 0.
The bill having received the requisite constitutional majority was passed.
By :Mr. Jones of the 51st District-
Senate Bill Ko. 121. A bill to be entitled an Act to amend the charter of the City of Mountain Park, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 117, nays 0.
The bill having received the requisite constitution a majority was passed.
By Mr. Davis of the 31st District--
Senate Bill No. 127. A bill to be entitled an Act to amend the charter of the City of Toccoa, and for other purposes.
The report of the committee, which was favorable to the passage of the biU, 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. Dekle of the 6th District-
Senate Bill No. 130. A bill to be entitled an Act to further amend the charter of the City of Valdosta, and for other purposes.
FRIDAY, AucusT 1, 1931.
120.)
The report 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.
By unanimous consent, the following bills and resolutions of the Senate were read the first time and referred to the committees:
By Mr. Hand of the 8th District-
Senate Resolution No. 56. A resolution that the General Assembly of Georgia go on record as being opposed to the proposed sale by the Federal Farm Board of 1,300,000 bales of cotton, and for other purposes.
Referred to Committee on General Agriculture "\l"o. 2.
By i\1r. Williams of the 27th District-
Senate Resolution No. 57. A resolution to provide for the celebration of the 200th anniversary of the State of Georgia, and for other purposes.
Referred to Committee on State of the Republic.
By l\1r. Knabb of the 4th District--
Senate Bill No. 144. A bill to repeal a section of the Code enumerating the persons subject to road duty, and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Messrs. Reagan of the 35th District and \Veekes of the 34th District-
Senate Bill No. 152. A bill to amend an Act establishing a new charter for the City of Atlanta, and for other purposes.
Referred to Committee on l\1unicipal Government.
1206
JouRNAL oF THE HousE,
By Messrs. Reagan of the 35th District and Weekes of the 34th District-
Senate Bill No. 154. A bill to amend an Act authorizing the City of Atlanta to borrow during any one calendar year the sum of Sl.OOO,OOO.OO, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Dekle of the 6th District-
Senate Bill Xo. 158. A bill to consolidate the offices of Tax Receiver and Tax Collector of Lowndes County, and for other purposes.
Referred to Committee on Counties and County Matters.
Under the order of business set, as amended, by the Rules Committee, the following bills and resolutions of the House and Senate were taken up for consideration and read the third time:
By Messrs. Gillen, Carlisle, and Park of Bibb-
House Bill No. 628. A bill to be entitled an Act to amend the charter of the City of Macon, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Lanier, Lester, and Cartledge of Richmond-
House Bill No. 278. A bill to be enti tied an Act to direct the Commissioner of Vehicles of Georgia to enter into agreements with adjoining states providing reciprocity in privileges and exemptions of motor vehicle operators; and for other purposes.
FRIDAY, AuGusT 14, 1931.
1~07
By unanimous consent, the previous question was called, and the main question was ordered.
The report of the committee, \\hich 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 Messrs. Maynard of Sumter, King of Clay, Chalker of Pulaski, and others-
House Bill No. 67. A bill to be entitled an Act to amend the Banking Act of 1919, and Acts of 1927 amendatory thereof, and for other purposes.
Mr. Dykes of Dooly moved to table House Bill No. 67.
On the motion to table, the ayes were 20, nays 78, and the motion was lost.
On House Bill No. 67 and all amendments thereto, Mr. Beasley of Tattnall moved the previous question.
Mr. Dykes of Dooly moved to table House Bill No. 67 and all amendments thereto.
On the motion. to table, the ayes were 50, nays 86, and the motion was lost.
The motion for the previous question prevailed, and the main question was ordered.
The following amendments were read and adopted:
Mr. Thomas of Wayne moves to amend House Bill No. 67 by striking Section 5 in its entirety and renumbering the succee~ing sections.
Messrs. Strickland of Douglas, Davis of Mitchell, and Lanier of Richmond, move to amend House Blll No. 67 as follows: By striking Section 13 of said bill in its entirety and renumbering the sections accordingly.
1208
JouRNAL OF THE HousE,
Mr. Kennedy of Lamar moves to amend House Bill No. 67 by adding a new section thereto before the repealing clause to be properly numbered as follows, to-wit:
All banks now in liquidation are to be continued to the complete liquidation thereof as are now provided by law.
Provided,
Should the banking department be transferred to the department of Secretary of State, same shall be continued by that department.
Messrs. Nelson of Laurens, Allen of Baldwin, King of Clay, Alexander of Chatham, and Arnold of Clarke, move to amend House Bill No. 67 by striking Section 3 in its entirety.
Messrs. Maynard of Sumpter and Chalker of Pulaski, move to amend House Bill No. 67, by striking the words "or" and "creditor" in Section 3, line 4 of said bill.
Messrs. Maynard of Sumpter and Chalker of Pula;;ki, move to amend House Bill No. 67, by striking the word "letting" in line 4 of Section 5, and inserting in lieu thereof the word "letter" and the word "two."
Messrs. l\Iaynard of Sumpter and Chalker of Pulaski, move to amend House Bill No. 67, by amending line 5, of said Section 5, by inserting the words "and no person" between the word "bank" and the word "or" in said line 5.
Messrs. Maynard of Sumpter and Chalker of Pulaski, move to amend House Bill No. 67 by amending Section 9, line 10, by striking the word "his" between the words "in" and "separate" inserting in lieu thereof the word "a."
Messrs. Maynard of Sumpter and Chalker of Pulaski, move to amend House Bill No. 67 by amending Section 9, line 17, by inserting the word "at" between the words "rnay" and "the" in the said line 17.
FRIDAY, AucusT 14, 1931.
1209
Messrs. Maynard of Sumpter and Chalker of Pulaski, move to amend House Bill No. 67 by amending Section 9, line 18, by striking the word "under" and inserting in lieu thereof the word "render."
Mr. Arnold of Clarke moves to amend House Bill No. 67 in Section 9, line 14, page 3 by substituting the word thirty for the word ten, so that it shall read "Thereupon such creditor shall have thirty days to make an issue on said claim."
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill as amended, Mr. Evans of McDuffie moved the ayes and nays, and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Allen Andrews Arnold Arrington Atwood Awtrey Bargeron Battle Bean Bennett of Jeff Davis Brannen Brown Brunson Bunn Bush Carlisle of Bibb Carlisle of Grady Chambers Childs Clark
Clements of Marion Collier Cowart Cozart Crawford Davis of Floyd Davis of Jackson Donaldson Dorsett Edwards of Gilmer Edwards of. Stephens Elliott Fagan Franklin Fraser Freeman Gillen Graham Green Greer Giffeth Griffin of Wilkes
Harris Hatcher Hodges Holt Horne Howard of Long Hubbard of Habersham Hubbard of Wilkinson Hutcheson Hyman Johnson of Pike Jones of Lumpkin Jones of Paulding Kennedy Killebrew Kimsey King of Clay Lanham Lanier Leathers Lewis of Gordon Lindsay
1210
Jot;R~AL Of' THE Hoes,
Logan Lord McElreath McGehee McKoy McRae Mattox Mixon Montgomery Mundy Oliver Pace Parham Patten Paulk
Powell
Sutton
Purdy
Thomas
Purvis
Thomason
Rabun
Thompson
Roberts
Townsend
Robertson
Trotter
Rosser
Waldrop
Sammon
Walker of Ben Hill
Seckinger
Walker of Morgan
Sharpe
Walker of Screven
Sims
Weeks
Skelton
Whittle
Stewart
Wilson
Strickland of Douglas Wood
Strickland of Haralson
Those voting in the negative were Messrs.:
Almand Beaman Beasley Bennett of Bacon Burton Cain Cannon Cartledge Cochran Courson Crowe Culpepper of Echols Davis of Mitchell Davis of Troup Dixon Duncan Dykes Eckford Edmondson Evans Griffin of Decatur
Gullatt
Osteen
Hampton
Park
Hardin
Peebles
Harrison of Jenkins Pittard
Hawes
Preston
Howard of Chatt'h'chee Rivers
Huddleston
Ross or Appling
James
Scarbrough
JohnsonofMontgomery Shirley
Jones of Burke
Simmons
Key
Sisk
Kimbrough
Stanton
King of Newton
Tate
Lance
Taylor
Lester
Trapnell
Mallard
Turner
Mercer
Walker of Brooks
Morris
Wall
Moye
Westbrook
Musgrove
Yawn
Nelson of Laurens
Those not voting were Messrs.:
Ashley Barrett Bland Chalker Clements of Telfair
Colson Cullens Culpepper of Fayette Edwards of Lowndes Gary
Grayson Harrison of Camden Irvin Johnson of Seminole Johnston
FRIDAY, AuGUST 14, 1931.
1211
Lewis of Hancock McLeod McWhorter Mardre Maynard Meredith Mooty
Myrick Nelson of Cook Phillips Pope Ross of Dodge Spivey Still
Stone Swain Tippins Wilkes Williams Mr. Speaker
By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill as amended, the ayes were 110, nays 62.
The bill having received the requisite constitutional majority was passed as amended.
Mr. McGehee ofTaJbot moved that the clerk be instructed to immediately transmit the bill as amended to the Senate.
Mr. Nelson of Cook moved that when the House adjourn, it stand adjourned until 3:00 o'clock this afternoon.
Mr. Dykes of Dooly moved that the House do now adjourn, and the motion was lost.
The motion of the gentleman from Cook, Mr. Nelson, that when the House adjourn, it stand adjourned until 3:00 o'clock this afternoon, prevailed.
Mr. Lance of Hall moved that the House do now adjourn, and the motion was lost.
The motion that the Clerk be instructed to immediately transmit House Bill No. 67 as amended to the Senate, prevailed, and the bill was immediately transmitted to the Senate.
Mr. Thomas of Wayne moved that the House do now adjourn.
On the motion to adjourn, Mr. Brannen of Bulloch moved the ayes and nays, and the call was not sustained.
1212
JouRNAL oF THE Hot;sE,
Privileges of the floor were granted to Hon. J. C. l\Jc:\.llister of :\Iontgomery County, Mrs. J. C. Carlisle of
Bibb County, Hon. E. H. George of Madison County, Hon. C. l\L Jordan of \\heeler County, and Judge Frank :McLaughlin of Chattahoochee County.
The motion of the gentleman from \Vayne, Mr. Thomas, that the House do now adjourn, prevailed, and the Speaker announced the House adjourned until this afternoon at 3 :00 o'clock.
AFTERNOON SEs~oN,
3:00 o'clock, P.M.
The House met again at this hour and was called to order by the Speaker.
The roll was called and the following members answered to their names:
Adams Alexander Allen Almand Andrews Arnold Arrington Ashley Atwood Awtrey Bargeron Barrett Battle Beaman Bean Beasley Bennett of Bacon Bennett of Jeff Davis Bland Brannen
Brown Brunson Bunn Burton Bush Cain Cannon Carlisle of Bibb Carlisle of Grady Cartledge Chalker Chambers Childs Clark Clements of Marion Clements of Telfair Cochran Collier Colson Courson
Cowart Cozart Crawford Crowe Cullens Culpepper of Echols Culpepper of Fayette Davis of Floyd Davis of Jackson Davis of Mitchell Davis of Troup Dixon Donaldson Dorsett Duncan Eckford Edmondson Edwards of Gilmer Edwards of Stephens Elliott
FRIDAY, AucusT H, 1931.
1213
Evans
King of Clay
Fagan
King of Newton
Franklin
Lance
Fraser
Lanham
Freeman
Lanier
Gary
Leathers
Gillen
Lester
Graham
Lewis of Gordon
Grayson
Lewis of Hancock
Green
Lindsay
Greer
Logan
Griffeth
Lord
Griffin of Decatur
McElreath
Griffin of Wilkes
McGehee
Gullatt
McKoy
Hampton
McLeod
Hardin
McRae
Harris
McWhorter
Harrison of Camden Mallard
Harrison of Jenkins Mardre
Hatcher
Mattox
Hawes
Mercer
Hodges
Meredith
Holt
Mixon
Horne
Montgomer;y
Howard of Chatt'h'chee Mooty
Howard of Long
Morris
Hubbard of Habersham Moye
Hubbard of Wilkinson Mundy
Huddleston
Musgrove
Hutcheson
Myrick
Hyman
Nelson of Cook
Irvin
Nelson of Laurens
James
Oliver
Johnson of Montgomery Osteen
Johnson of Pike
Pace
Johnson of Seminole Parham
Johnston
Park
Jones of Burke
Patten
Jones of Lumpkin
Paulk
Jones of Paulding
Peebles
Kennedy
Phillil'S
Key
Pittard
Killebrew
Pope
Kimbrough
Powell
Kimsey
Preston
Purdy Purvis Rabun Rivers Roberts Robertson Ross of Appling Ross ot Dodge Rosser Sammon Scarbrough Seckinger Sharpe Shirley Simmons Sims Sisk Skelton Spivey Stanton Stewart Still Stone Strickland of Douglas Strickland of Haralson Sutton Swain Tate Taylor Thomas Thomason Thompson Tippins Townsend Trapnell Trotter Turner Waldrop Walker of Ben Hill Walker of Brooks Walker of Morgan Walker of Screven Wall Weeks Westbrook Whittle
1214
JouRNAL OF THE HousE,
Wilkes Williams
Wilson Wood
Yawn Mr. Speaker
Mr. Rosser of \Valker asked unanimous consent to have House Resolution No. 25-191a taken up for consideration, and there was objection.
l\1r. Rosser of \Valker moved to have House Resolution No. 25-191a taken up for consideration, and the motion prevailed.
Mr. Rosser of \Valker moved that the House agree to the following Senate amendment to House Resolution No. 25-191a, and the motion prevailed.
Senator Brock of the 44th District moved to amend House Resolution No. 25-191a by striking from the last paragraph of said resolution everything following the word "provided" in the sixth line of said paragraph as same appears in the engrossed copy, and substituting therefor the following:
Provided that the provisions and terms contained in the several contracts referred to in this resolution are such as are authorized by the Act of the General Assembly of Georgia approved 24th day of August, 1929, creating said Commission and defining its powers, except that clause in Section 2 of said Act contemplating that the improvements to be contracted for shall cost not less than S2,000,000.00, which said amount may be reduced to S1,500,000.00 as provided in said amended contract; and provided there is reserved to the State the right to the full and free disposition of the Western & Atlantic Railroad and its properties at the expiration of the present lease to the ~ashville, Chattanooga & St. Louis Railway, subject to the leasehold rights on the old depot site granted in said original and modified con tracts, as more fully provided in said Act of the General Assembly of Georgia approved 24th day of August, 1929, creating said Commission and defining its powers and duties.
FRIDAY, AuGUST 14, 1931.
1215
Under the order of business established by the Rules Committee, the following bills and resolutions of the House and Senate were taken up for consideration and read the third time:
By Mr. Neill of the 24th District-
Senate Resolution No. 8. A resolution proposing to the people of the State of Georgia an amendment to the Constitution thereof, for ratification or rejection by them, and for other purposes.
Mr. :-\elson of Cook asked unanimous consent that further consideration of Senate Resolution No. 8 be postponed until Tuesday of next week, and there was objection.
1\lr. Nelson of Cook moved that further consideration of Senate Resolution No. 8 be postponed until Tuesday of next week, and the motion prevailed.
By Messrs. Watson of the 3rd District and Neill of the 24th District-
Senate Resolution No. 43. A resolution for the adoption of Code of Georgia of 1932, and for other purposes.
On Senate Resolution No. 43, Mr. Cochran of Thomas moved the previous question.
The motion prevailed, and the main question was ordered.
Mr. Rosser of \Valker moved that the House reconsider its action in ordering the main question.
Mr. Battle of Muscogee on the motion to reconsider moved the ayes and nays, and the call was not sustained.
Mr. Dykes of Dooly moved for the call of the House, and the motion prevailed.
The Speaker ordered the call of the House.
1216
JouRNAL or THE HousE,
The roll was called and the following members answere< to their names:
Adams
Dorsett
Lord
Alexander
Duncan
McElreath
Andrews
Dykes
McGehee
Arnold
Eckford
McKoy
Ashley
Elliott
McRae
Atwood
Evans
McWhorter
Awtrey
Fagan
Mallard
Bargeron
Franklin
Mattox
Battle
Fraser
Mooty
Beaman
Freeman
Moye
Bean
Glllen
Nelson of Cook
Bennett of Bacon
Green
Nelson of Laurens
Bennett of Jeff Davis Griffeth
Oliver
Bland
Griffin of Wilkes
Osteen
Brannen
Harris
Park
Brown
Harrison of Camden Patten
Bunn
Harrison of Jenkins Paulk
Burton
Hawes
Pittard
Bush
Horne
Powell
Cain
Howard of Chatt'h'cheePurdy
Cannon
Hutcheson
Rivers
Carlisle of Bibb
Hyman
Roberts
Cartledge
Johnson of Montgomer Robertson
Chambers
Johnson of Pike
Ross of Appling
Childs
Jones of Burke
Rosser
Cochran
Jones of Lumpkin Sammon
Colson
Kennedy
Seckinger
Courson
Key
Sharpe
Crawford
Kimsey
Shirley
Crowe
King of Clay
Sims
Culpepper of Echols King of Newton
Sisk
Culpepper of Fayette Lanham
Skelton
Davis of Floyd
Lanier
Stanton
Davis of Jackson
Leathers
Stewart
Davis of Troup
Lester
Still
Dixon
Lewis of Gordon
Strickland of Douglas
Donaldson
Lindsay
Strickland of Haralson
Sutton Taylor Thomas Thomoson Townsend Trapnell
FRIDAY, AUGL"ST 14, 1931.
1217
Trotter Turner Waldrop Walker of Ben Hill Walker of Brooks Walker of Morgan
Walker of Screven Wilson Wood Mr. Speaker
Mr. Lindsay of DeKalb moved that the House reconsider its action in ordering the previous question, and the motion prevailed.
Mr. Sisk of Elbert arose to a question of personal privilege and addressed the House.
The Clerk was instructed to read a letter, and on the motion of Mr. Lanier of Richmond the letter was ordered to be delivered to the postal authorities.
Mr. Lindsay of DeKalb moved that the House do now adjourn.
Mr. Jones of Burke moved that when the House adjourn, it stand adjourned until10:00 o'clock next Monday morning.
Mr. Walker of Ben Hill moved to table Senate Resolution No. 43.
The motion to adjourn prevailed, and Senate Resolution No. 43 went over as unfinished business of the previous session, with the motion to table pending.
Leave of absence was granted to Messrs. Oliver of Hall, Rosser of ':Yalker, Arrington of Schley, McElreath of Bartow, Hubbard of 'Yilkinson, Brunson of Laurens, Meredith of Muscogee, Townsend of Dade, 'Vall of Putnam, Yawn of Dodge, Phillips of Tift, Swain of Warren, Hampton of Fannin, Mixon of Irwin, Graham of Laurens, Kimbrough
1218
JouRNAL oF THE HousE,
of Harris, Holt of Wilcox, Clark of Catoosa, Mercer of Twiggs, Chalker of Pulaski, Weeks of Columbia, Montgomery of Webster, Whittle of Upson, and Davis of Mitchell.
The Speaker announced the House adjourned until tomorrow morning, at 9:00 o'clock.
SATURDAY, AuGUST 15, 1931.
1219
REPRESENTATIVE HALL, ATLANTA, GA.,
SATURDAY, AuGUST 15, 1931.
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 Allen Almand Andrews Arnold Arrington Ashley Atwood Awtrey Bargeron Barrett Battle Beaman Bean Beasley Bennett of Bacon Bennett of Jeff Davis Bland Brannen Brown Brunson Bunn Burton Bush Cain Cannon Carlisle of Bibb Carlisle of Grady Cartledge Chalker
Chambers Childs Clark Clements of Marion Clements of Telfair Cochran Collier Colson Courson Cowart Cozart Crawford Crowe Cullens Culpepper of Echols Culpepper of Fayette Davis of Floyd Davis of Jackson Davis of Mitchell Davis of Troup Dixon Donaldson Dorsett Duncan Eckford Edmondson Edwards of Gilmer Edwards of Stephens Elliott Evans Fagan
Franklin Fraser Freeman Gary Gillen Graham Grayson Green Greer Griffeth Griffin of Decatur Griffin of Wilkes Gullatt Hampton Hardin Harris Harrison of Camden Harrison of Jenkins Hatcher Hawes Hodges Holt Horne Howard of Chatt'h'chee Howard of Long Hubbard of Habersham Hubbard of Wilkinson Huddleston Hutcheson Hyman Irvin
1220
JouRNAL OF THE HousE,
James
Montgomery
Johnson of MontgomeryMooty
Johnson of Pike
Morris
Johnson of Seminole Moye
Johnston
Mundy
Jones of Burke
Musgrove
Jones of Lumpkin Myrick
Jones of Paulding Nelson of Cook
Kennedy
Nelson of Laurens
Key
Oliver
Killebrew
Osteen
Kimbrough
Pace
Kimsey
Parham
King of Clay
Park
King of Newton
Patten
Lance
Paulk
Lanham
Peebles
Lanier
Phillips
Leathers
Pittard
Lester
Pope
Lewis of Gordon
Powell
Lewis of Hancock
Preston
Lindsay
Purdy
Logan
Purvis
Lord
Rabun
McElreath
Rivers
McGehee
Roberts
McKoy
Robertson
McLeod
Ross of Appling
McRae
Ross of Dodge
McWhorter
Rosser
Mallard
Sammon
Mardre
Scarbrough
Matt0x
Seckinger
Mercer
Sharpe
Meredith
Shirley
Mixon
Simmons
Sims Sisk Skelton Spivey Stanton Stewart Still Stone Strickland of Douglas Strickland of Haralson Sutton Swain Tate Taylor Thomas Thomoson Thompson Tippins Townsend Trapnell Trotter Turner Waldrop Walker of Ben Hill Walker of Brooks Walker of Morgan Walker of Screven Wall Weeks Westbrook Whittle Wilkes Williams Wilson Wood Yawn Mr. Speaker
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the reqmslte constitutional majority the following bills of the Senate and House, to-wit:
SATURDAY, AucusT 15, 1931.
1221
By Mr. McWhorter of the 50th District-
Senate Bill No. 142. A bill to amend the Code providing for the compensation of State Fire Inspector.
By Mr. Reagan of the 35th District-
Senate Bill No. 153. A bill to amend an Act establishing a new charter for the City of Atlanta.
By Mr. Walker of Brooks-
House Bill No. 341. A bill to change from the fee to the salary system in certain counties as to Clerks of the Superior Court.
By Mr. Dorsett of Carroll-
House Bill No. 443. A bill relative to election of Mayor and Council for City of Carrollton.
By Mr. Dorsett of Carroll-
House Bill No. 444. A bill relative to the election of the Clerk to the Mayor and City Council for the City of Carrollton.
By Mr. Montgomery of Webster-
House Bill No. 417. A bill to amend an Act creating Board of Commissioners of Roads and Revenues for Webster County.
By Messrs. Lester, Lanier, and Cartledge of Richmond-
House Bill No. 506. A bill to amend an Act creating a new charter for the City of Augusta.
By Messrs. Lanier, Lester, and Cartledge of Richmond-
House Bill No. 556. A bill to amend an Act amending charter of the City of Augusta.
1222
JouRNAL OF THE HousE,
By Mr. Musgrove of Clinch-
House Bill No. 561. A bill to change the name of the Town of Homerville to the City of Homerville.
By Mr. Griffeth of Oconee-
House Bill No. 562. A bill to amend an Act to incorporate the Town of Bogart.
By Mr. Cain of Crisp-
House Bill No. 569. A bill to amend an Act creating a new charter for the Town of Arabi.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the reg ms1te constitutional majority the following bill of the House, to-wit:
By Mr. Montgomery of WebsterHouse Bill No. 418. A bill to create the office of Com-
missioner of Roads and Revenues for County of Webster.
Mr. Hardin of Whitfield, 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. Nelson of Cook, Vice-Chairman of the Committee on Rules, submitted the following report:
SATURDAY Aum11T 15, 1931.
1223
Mr. Speaker:
The Committee on Rules has had under consideration the
calendar of the day and begs to submit the following as
their recommendation:
House Resolution No. 80-405&.
House Resolution No. 82-440a. House Resolution No. 85-472a. House Resolution No. 70--498a. House Resolution No. 71-498b.
House Resolution No. 75-530h. House Resolution No. 76-530c. House Resolution No. 77-530d. House Resolution No. 78-530e.
House Resolution No. 94-593f. House Resolution No. 97-815h. House Bill No. 253.
House Bill No. 355. House Bill No. 426. House Bill No. 478. House Bill No. 387. House Bill No. 449. House Bill No. 482. House Bill No. 385. House Bill No. 507. House Bill No. 527. House Bill No. 544.
1224
JouRNAL oF THE HousE,
House Bill No. 570. House Bill No. 574. House Bill No. 592. House Bill No. 607. House Bill No. GOG. House Bill No. 618. House Bill No. 619. House Bill :N"o. 622. House Bill ~o. 623.
Respectfully submitted, N ELSO:\T of Cook, Vice-Chairman.
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.
5. First reading of Senate bills and resolutions.
By unanimous consent, consideration of Senate Resolution No. 43 was postponed until Monday, August 17th.
By unanimous consent, the following bill and resolution of the House were introduced, read the first time, and referred to the committees:
SATURDAY, AuausT 15, 1931.
1225
By Mr. Evans of McDuffie-
Hause Bill No. 638. A bill to amend an Act establishing the City Court of Thomson, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Carlisle of Bibb-
House Resolution No. 104-638a. A resolution to relieve F. B. Land from bond forfeiture, and for other purposes.
Referred to Committee on General Judiciary No. 1.
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 bill of the House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 630. An Act providing that the County School Superintendent shall not be required to be a voter in that part of the county in which he has jurisdiction. Do pass.
Respectfully submitted,
DAvis of Floyd,
Chairman.
Mr. Harrison of Camden County, Vice-Chairman of the Committee on _Game and Fish, submitted the following report:
Mr. Speaker:
Your Con~mittee on Game and Fish has had under consideration the following bill of the House and has instructed
1226
JouRNAL oF THE HousE,
me, as vice-chairman, to report the same back to the House with the recommendation that:
House Bill No. 617 do pass. Respectfully submitted, HARRISON of Camden, Vice-Chairman.
Mr. Johnson of Seminole County, Chairman of the Committee on General Agriculture No. 1, submitted the following report:
Mr. Speaker:
Your Committee on General Agriculture No. 1 has had urider consideration the following bills and resolutions of the House and Senate and has instructed me, as chairman, to report the same back to the House with the recommendation that:
Senate Resolution No. 56 do pass.
House Resoluticn No. 64-448b do pass.
House Bill No. 430 do not pass.
House Bill No. 442 do not pass.
Respectfully submitted,
JOHN SON of Seminole,
Chairman.
Mr. King of Newton County, Vice-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
SATURDAY, AUGUST 15, 1931.
1227
instructed me, as vice-chairman, to report the same back to the House with the recommendation that:
House Bill No. 636 do pass. Respectfully submitted, KING of Newton, Vice-Chairman.
Mr. Allen of Baldwin 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 and resolutions of the House and Senate and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 521 do pass by substitute. House Bill No. 244 do pass as amended.
House Bill No. 88 do pass. House Bill No. 202 do pass. House Bill No. 92 do pass.
House Bill No. 410 do pass.
Senate Bill No. 103 do pass. Senate Bill No. 99 do pass. House Resolution No. 9Q-593b do pass. House Resolution No. 91-593c do pass. House Resolution No. 92-593d do pass. House Resolution No. 93-593e do pass.
1228
JouRNAL OF THE HousE,
House Resolution No. 87-576a do pass. House Resolution No. 89-593a do pass.
Respectfully submitted, ALLEN of Baldwin, Chairman.
Mr. Allen of Baldwin 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:
House Bill No. 243 do pass.
House Bill No. 554 do pass. House Bill No. 378 do pass.
House Bill No. 586 do pass. House Bill No. 93 do pass.
Respectfully submitted, ALLEN of Baldwin,
Chairman.
Mr. Allen of Baldwin 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 Senate and has instructed me, as chairman, to report the same back to the House with the recommendation that:
SATURDAY, AuousT 15, 1931.
1229
Senate Bill No. 80 do not pass. Senate Bill No. 71 do not pass. House Bill No. 136 do not pass. House Bill No. 421 do not pass. House Bill No. 31 do not pass. House Bill ~o. 87 do not pass. House Bill No. 584 do not pass. House Bill No. 391 do not pass. House Bill No. 214 do not pass. House Bill No. 215 do not pass. House Bill ).To. 218 do not pass. House Bill No. 435 do not pass. House Bill No. 246 do not pass. House Bill No. 571 do not pass.
Respectfully submitted, ALLEN of Baldwin, Chairman.
Mr. Trotter of Taliaferro County, Chairman of the Com mittee on Municipal Government, submitted the following report:
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:
1230
JouRNAL OF THE HousE,
Senate Bill No. 123 do pass by substitute. Respectfully submitted, TROTTER of Taliaferro, Chairman.
Mr. Wall of Putnam County, Chairman of the Committee on Public Library, submitted the following report:
Mr. Speaker: Your Committee on Public Library has had under con-
sideration the following resolution of the House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Resolution No. 85-554a do pass.
Respectfully submitted,
WALL of Putnam,
Chairman.
By unanimous consent, the following bills and resolutions of the House, favorably reported, were read the second time:
By Mr. Beaman of DeKalb-
House Bill No. 88. A bill to alter and amend the laws relating to practice and procedure in criminal cases in the courts in this State, and for other purposes.
By Messrs. Carlisle of Bibb, Nelson of Laurens, Gillen of Bibb, and Fagan of Peach-
House Bill No. 92. A bill relating to the licensing of motor vehicle operators and chauffeurs, and for other purposes.
SATURDAY, AucusT 15, 1931.
1231
By Mr. Mundy of Clayton-
House Bill No. 93. A bill to allow any Solicitor-General to read the Penal Code to the jury, and for other purposes.
By Mr. Myrick of Chatham-
House Bill No. 202. A bill to amend the Code relative to any contract with a broker or agent to sell the lands of another, and for other purposes.
By Mr. Colson of Glynn-
House Bill No. 243. A bill to provide that all quasi public corporations of this State shall make financial reports to the State Auditor, and for other purposes.
By Mr. Mixon of Irwin-
House Bill No. 244. A bill to amend the Code relative to the sending of notices by the Board of County Registrars, and for other purposes.
By Messrs. Leathers and Lindsay of DeKalb-
House Bill No. 378. A bill to amend the Code so as to provide for granting a new trial in certain cases, and for other purposes.
By Mr. Myrick of Chatham-
House Bill No. 410. A bill concerning fraudulent conveyances, and for other purposes.
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 521. A bill to establish a City Court in Richmond County, and for other purposes.
By Mr. Mixon of IrwinHouse Bill No. 554. A bill to amend the Code relative
1232
JouRNAL OF THE HousE,
to service of notices by County Board of Registrars to voters by U. S. Mail, and for other purposes.
By :Mr. Allen of Baldwin-
House Bill No. 586. A bill to require the payment of fees of clerks and sheriffs of the Superior Court in divorce cases in certain counties, and for other purposes.
By Mr. Elliott of Henry-
House Bill No. 617. A bill to provide for the use of wire baskets in waters of Henry County, and for other purposes.
By Mr. Bennett of Bacon-
House Bill No. 630. A bill to amend the Code by providing that the County School Superintendent shall not be required to be a voter in that part of the county in which he has jurisdiction, and for other purposes.
By Mr. !\Telson of Laurens and others-
House Bill No. 636. A bill to authorize and direct the Governor to propound to the United States claims for return of taxes alleged to have been illegally collected, and for other purposes.
By l\1essrs. Harris of Terrell, Mooty of Troup, and King of Clay-
House Resolution No. 64-448b. A resolution to prohibit and regulate propaganda put out by the College of Agriculture, and for other purposes.
By Messrs. Oliver and Lance of Hall-
House Resolution No. 85-554a. A resolution instructing the State Librarian to furnish Hall County with certain volumes, and for other purposes.
SATURDAY, AucusT 15, 1931.
1233
By Mr. Carlisle of Bibb-
House Resolution No. 87-576a. A resolution to relieve Miss Kate S. Rodgers from bond forfeiture, and for other purposes.
By Mr. Carlisle of Bibb-
House Resolution No. 89-593a. A resolution to relieve \V. E. Hamlin from forfeiture of surety bond, and for other purposes.
By Mr. Carlisle of Bibb-
House Resolution No. 90-593b. A resolution to relieve C. A. Odom from forfeiture of surety bond, and for other purposes.
By lVIr. Carlisle of Bibb-
House Resolution No. 91-593c. A resolution to relieve D. Jones from forfeiture of surety bond, and for other purposes.
By Mr. Carlisle of Bibb--
House Resolution No. 92-593d. A resolution to relieve Charles Davison from forfeiture of surety bond, and for other purposes.
By 1\lr. Carlisle of Bibb--
House Resolution No. 93-593e. A resolution to relieve D. I. Lee from surety bond forfeiture, and for other purposes.
By unanimous consent, the following bills of the Senate, favorably reported, were read the second time:
By Mr. Mc\Vhorter of the 50th DistrictSenate Bill No. 99. A bill to make recitals m convey-
1234
JouRNAL OF THE HousE,
ances and transfers executed under powers of sale in security deeds, trust deeds, and mortgages, etc., conditional sale or retention of title contracts, and for other purposes.
By Mr. Harris of the 18th District-
Senate Bill No. 103. A bill to permit a person to file an application to have his or her disabilities removed to marry again, and for other purposes.
By Mr. Weekes of the 34th District-
Senate Bill No. 123. A bill to provide a new charter for
the Town of Decatur, and for other purposes.
By un;mimous consent, the following bills of the House were read the third time and placed upon their passage:
By Messrs. Oliver and Lance of Hall-
House Bill No. 626. A bill to be entitled an Act to
repeal an Act creating a charter for the Town of Belmont,
and for other purposes.
The report 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.
By J\1r. Gary of Quitman-
House Bill No. 632. A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues of Quitman County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, nays 0.
SATURDAY, AuousT 15, 1931.
1235
The bill having received the requisite constitutional majority was passed.
By Messrs. Crawford and Lanham of Floyd-
House Bill No. 563. A bill to be entitled an Act to amend an Act creating a new charter for the City of Rome, and for other purposes.
The following substitute was read:
By the Committee-
AN ACT
To amend an Act creating a new charter for the City of Rome, approved August 19, 1918, and the several acts amendatory thereof, and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act entitled:
"An Act to create a new charter and municipal government for the City of Rome; to define the rights and powers of the municipality; to define the corporate limits thereof; and to repeal all former charters and all laws in conflict therewith."
approved August 19, 1918, be amended by adding to the end of Section 24 of said Act the following words: "The premium upon the bond given by said bank shall be paid by the City of Rome," so that said Section as amended shall read as follows:
"Sec. 24. Be it further enacted by the authority aforesaid that said Commission shall select, in lieu of a treasurer, some chartered bank as a city depository, in which shall be deposited all city funds as soon as collected. The bank so selected shall be the one offering to the city the highest rate of interest on the city deposit
1236
JouRNAL OF THE HousE,
for the fiscal year for which it is selected, and shall be required to give a good and solvent bond, payable to the city, with a reputable bonding company authorized and qualified by law to do business in the State of Georgia, as security, such bond to be approved by the commission and for such amount, sufficiently ample to protect said city, as may be fixed by the commission. Ten (10) days before the selection of said bank, the secretary of the commission shall send each bank doing business in the city a notice of the place and time of such selection and the amount of bond required, and ask from said bank sealed bids for the city's account, which said bills shall remain sealed until the time fixed for such selection, and then opened at the place named, in the presence of the commissioners and of the public. It shall be the duty of the commissioners to select the bank making the best and highest bid, provided it gives the bond above referred to, as the city depository for the ensuing fiscal year, and such selection shall not be changed except for its violation or disregard of its obligations under this charter, or when it shall be made to appear to the satisfaction of the commissioners that it is not safe to continue the deposit of city funds in said bank; the premium upon the bond given by said bank shall be paid by the City of Rome."
Section 2. Be it further enacted by the authority aforesaid that an Act entitled:
"An Act to create a new charter and municipal government for the City of Rome; to define the rights and powers of the municipality; to define the corporate limits thereof; and to repeal all former charters and all laws in conflict therewith."
Approved August 19, 1918, be amended by striking from said Act all of Sections 54, 55, 56, 57, 58, 59, 60, 61, and 62 of said Act, and inserting in lieu thereof the following:
SATURDAY, AuousT 15, 1931.
1237
"Sec. 54. Be it further enacted by the authority aforesaid that it shall be the duty of the Secretary of the City Commission to keep separate all funds levied to pay the bonds of the City of Rome and the interest thereon, and to see that all such funds are applied to the payment of the principal and interest of such bonds as they mature, and such funds shall not be used for any other purpose than that for which they were levied. Such secretary shall report at each regular meeting of said Commission, and at such other times as he may be called upon to do so by said Commission, the amount received by him and disbursed for this purpose.
"Sec. 55. Be it further enacted by the authority aforesaid that whenever the said Secretary of the Rome City Commission shall pay and take up any bonds or coupons of the City of Rome, that he shall report such payment to the next regular meeting of the Commission, and the Commission shall cause to be recorded upon its minutes the fact of the payment, together with a description of the bonds and coupons so paid, and shall cause said bonds and coupons at such meeting to be perforated with the word 'Paid' or so mutilate it as to make impossible the further sale or negotiation of such bonds or coupons.
"Sec. 56. Be it further enacted by the authority aforesaid that it shall be the duty of the Secretary of the Rome City Commission to provide and keep a book for the registration of all bonds on which book he shall record the transfer of any such registered bonds and shall certify upon such bonds the fact of such registration and transfer. When any bonds are registered and the coupons are detached therefrom, the Secretary of the Commission shall report such fact to the Commission and produce such coupons at the next meeting of the Commission, and such coupons shall there be defaced and cancelled as provided in Section 55 hereof.
1238
JOURNAL OF THE HousE,
"Sec. 57. Be it further enacted by the authority aforesaid that it shall be the duty of the Secretary of said Commission to record all bonds given by city officials on the minutes of the Commission, and to thereafter file and preserve as a permanent record of his office the originals of such bonds."
Section 3. Be it further enacted by the authority aforesaid that an Act entitled:
"An Act to create a new charter and municipal government for the City of Rome; to define the rights and powers of the municipality; to define the corporate limits thereof; and to repeal all former charters and all laws in conflict therewith."
approved August 19, 1918, be amended by adding to the end of Section 36 the following: "which costs shall be immediately paid by the Recorder when collected by him to the Secretary of the Rome City Commission, and the same shall be the property and money of the City of Rome so soon as the same are received by such Recorder" so that said section as amended shall read:
"Sec. 36. Be it further enacted by the authority aforesaid, that it shall be the duty of the city recorder to preside over the recorder's court, with full power and authority to issue warrants for the violation of any municipal ordinance, and to hold such court, and at such times and places and under such rules and regulations as are prescribed by this charter, or by ordinances for the trial of offenders against the ordinances of said city, and to impose such penalties for a violation thereof as may be prescribed by ordinance, and he shall have full power and authority incident to or belonging to the office of the justice of the peace, except for the trial of civil cases. In all cases where the accused is committed to the county jail or ordered to give bond for appearance before the Superior or City Court of Floyd County for the violation of a State law, said
SATURDAY, AUGUST 15, 1931.
1239
recorder shall be entitled to receive such costs as are paid justices of the peace in criminal cases, which costs shall be immediately paid by the recorder when col- lected by him to the Secretary of the Rome City Commission and the same shall be the property and money of the City of Rome so soon as the same are received by such recorder."
Section 4. Be it further enacted by the authority aforesaid that an Act entitled:
"An Act to create a new charter and municipa) government for the City of Rome; to define the rights and powers of the municipality; to define the corporate limits thereof, and to repeal all former charters and all laws in conflict therewith."
approved August 19, 1918, be amended by adding to the end of Section 98 the following: "which fees shall be immediately paid by them when collected to the Secretary of the Rome City Commission and the same shall be the property and money of the City of Rome so soon as the same are received by any of such officers," so that said section as amended shall read:
"Sec. 98. Be it further enacted by the authority aforesaid that it shall be the duty of said chief of police and police officers to preserve the peace, protect life and property, prevent so far as possible the violations of the ordinances of said city and the laws of said State, and arrest such offenders against such ordinances and laws, and to perform such other duties required by them incident to their office. It shall be lawful for the chief of police, policemen, or any other arresting officer of said city to arrest with or without warrant, subject to the general laws of the State, any person or persons within the corporate limits of said city, who, at the time of said arrest, or before that time, have been guilty of violating any of the ordinances of said city, the laws of the State of Georgia, or who are fugitives from justice
JouRNAL oF THE HousE,
found in said city, and hold such persons so arrested until a hearing of the matter before the proper officers having jurisdiction of said case can be had; and to this end said arresting officers are authorized to imprison and confine any person arrested by them in the city prison for a reasonable length of time. Said officers are authorized to the same extent as sheriffs, to execute warrants placed in their hands charging any person or persons with violating the criminal laws of this State; and they are hereby vested with all the powers given to Sheriffs of this State as to the pursuit, arrest, and detention of persons charged with crime. The said officers are also authorized to arrest anywhere within the limits of the County of Floyd, any person charged with violating any of the ordinances of said city; provided that when the arrest is not made within twentyfour hours after the offense is committed, they are not authorized to arrest the offender outside the corporate limits of said city, except in obedience to written warrant signed by the recorder, or one of the commissioners of said city. The said chief of police, or other arresting
officer oi said city, may take bonds for the appearance
of persons arrested by them, before the recorder's court for trial, and all such bonds may be forfeited as provided in this charter. Said arresting officer shall be entitled to receive the same fees as sheriffs for executing State warrants and for performing such other duties as arresting officers are required to perform in prosecution of offenses against the laws of the State of Georgia, which fees shall be immediately paid by them when collected to the Secretary of the Rome City Commission and the same shall be the property and money of the City of Rome as soon as the same are received by any of such officers."
Section 5. Be it further enacted by the authority aforesaid that an Act entitled:
SATURDAY, AUGUST 15, 1931.
1241
"An Act to create a new charter and municipal government for the City of Rome; to define the rights and powers of the municipality; to define the corporate limits thereof; and to repeal all former charters and all laws in conflict therewith."
approved August 19, 1918, be amended by striking from said Act Section 97 thereof and inserting in lieu thereof the following:
"Sec. 97. Be it further enacted by the authority aforesaid that a police department is hereby created for said city to consist of a chief of police and such officers, patrolmen, roundsmen, and other arresting officers as may be determined by said City Commission by resolution. The chief of police shall be appointed by the city manager, subject to the approval of the Commission; the officers, patrolmen, roundsmen, and other arresting officers shall be appointed by the chief of police, subject to the approval of the city manager."
Section 6. Be it further enacted by the authority aforesaid that an Act entitled:
"An Act to create a new charter and municipal government for the City of Rome; to define the rights and powers of the municipality; to define the corporate limits thereof; and to repeal all former charters and all laws in conflict therewith."
approved August 19, 1918, be amended by striking from said Act Section 79 thereof and inserting in lieu thereof the following:
"Sec. 79. Be it further enacted by the authority aforesaid that it shall be the duty of the city manager, and he is given full power and authority to improve, keep in repair, light, sprinkle and clean, as far as the same is possible within the appropriations made by the commission for such purposes, the streets, sidewalks, crossings, bridges, lanes, alleys, waterworks, public
1242
JouRNAL OF THE HousE,
buildings and grounds, sewers, drains and other property of said city, except where otherwise provided in this charter, either by contract or by agents and employees of the city, and shall have authority to purchase all necessary materials and implements for any and all such work to be done, and shall also have complete control and authority over any new construction work of any kind which may be determined upon and ordered by the commission. Said city commission shall determine and pass resolutions providing for all new construction work upon the streets, sidewalks, crossings, bridges, lanes, alleys, sewers, drains, waterworks, public buildings and grounds, and other public property, and shall also provide the character and quality of materials to be useq. Said work to be done under the supervision and control of the city manager. In the event any work is done by contract, under the provisions of this section, such contract shall be made after advertisement once a week for two weeks for proposals, with the right reserved to reject any and all proposals, and in the event of any contract being made, the contractors shall execute a bond, payable to the City of Rome in an amount equal to the contract price, by a surety company authorized to do business in this State, conditioned for the faithful performance of said contract."
"Before beginning to pave or macadamize any street, the said commission shall fix and designate the location and position for telegraph, telephone, electric light and power and street railway poles and wires and gas pipes thereon, and shall have power and authority to require the owners or persons using same to place the same as thus located."
Section 7. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act entitled:
"An Act to amend an Act entitled 'An Act to create a new charter and municipal government of the City of
SATURDAY, AuousT 15, 1931.
1243
Rome, to define the rights and powers of the municipality, to define the corporate limits thereof, and to repeal all former charters and all laws in conflict therewith,' approved August 19, 1918, as amended; to provide for annexation of new territory and the extension of the corporate limits of said city; creation of new wards out of parts of such territory so annexed; to provide for improvement of parts of the annexed territory; to provide for taking over the schools in the annexed territory and the assumption of the bonded debt incurred in the improvement of the same; and to provide for the assessment of farm lands therein, to authorize the Rome City Commission to determine to permanently or temporarily abandon, close, lease, sell, convey, or otherwise dispose of streets, lanes, alleys, avenues, and sidewalks in said city; to authorize a greater rate of tax and apportion same; to authorize curbing and guttering and paving; to provide assessment for sewers; to provide for publication of notice of local improvements; to authorize salary for city manager; to safeguard the constitutionality of this Act; and for other purposes."
approved August 8, 1929, be and the same is hereby amended by striking from said Act all of Section 12 of said Act and inserting in lieu thereof the following:
"Sec. 12. Be it further enacted by the authorities aforesaid, that section 3 of an Act of the General Assembly of Georgia, approved August 7, 1925, and entitled 'An Act to create a new charter and municipal government for the City of Rome; to define the rights and powers of the municipality; to define the corporate limits thereof; and to repeal all former charters and all laws in conflict therewith,' approved August 19, 1918, and the several Acts amendatory thereof, and to provide for a change in the city limits and a change in the qualification of city manager; to provide for the improvement, grading, paving, macadamizing and draining of any streets, avenues, alleys, lanes, and other
12H
JouRNAL OF THE HousE,
public places, and the making and collecting of assessments for the same; to provide for the laying of sidewalks, curbs, and gutters, and to make assessments for the same; to create sewerage districts, both within and outside of the city limits, and to provide for assessments to build sewers; to authorize the issue of executions for all assessments for such improvements, and the issue and sale of bonds covering said sewer and street improvements; to provide an age limit and pensions for officers, agents, and employees of the city; to provide for creation of a city planning commission, and appropriations for the same, to provide for registration of voters of the city; to authorize condemnation by the city, of property inside or outside of the city limits, for the laying out of sewers or creation of sewer districts; to authorize the purchase of property outside the city limits for schools or parks or playgrounds, and the incorporation of the same into the city limits; to authorize an additional tax levy for purchasing and acquiring, eq nipping and maintaining public parks and playgrounds, the payment of the floating debt, the extension and improvement and the permanent improvement of the public-school system, and for other purposes, be and the same is hereby amended so as to read as follows:
Sec. 3. Sections 77 and 78 of said Act approved August 19, 1918, are hereby stricken and repealed, and in lieu thereof, the following is inserted as Section 77 of said Act: Sec. 77. Be it further enacted by authority aforesaid, that
(a) Whenever the said Rome City Commission shall deem it necessary to grade, pave, macadamize, drain, curb, gutter or otherwise improve any street, avenue, alley, lane, or any part thereof within the limits of the City of Rome, said Commission shall by resolution, declare such work or improvement necessary to be done, which resolution may combine and provide for the doing of any one or more of said improvements as being a part of and include the same
SATURDAY, AucusT 15, 1931.
1245
in the one and same improvement project, and such resclution shall be published at least once in a daily newspaper published and having a general circulation in the City of Rome, and a copy of said resolution shall be served personally or by mail upon the owners of the land liable to assessment to pay for said improvements, if resident in the City of Rome, or upon their agent if not resident in the City of Rome, and if no agent, service shall be perfected by mailing a copy to said owners direct to the last known address of such owners; and such owners shall have the right at any time within ten days from the date of the service of such notice to protest in writing the doing of such improvements, which protest shall be heard at the next regular meeting of the Commission held after such protest is filed, and if such protest be decided adversely to the owner by said Commission, or if no such protest be filed, then said Commission shall have power to cause said improvement to be made and to contract therefor, and to levy assessment or liens as hereinafter 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, avenue, alley, lane, or other public place, or other highway separately. If a majority of the owners of the land liable to assessment for any such improvement shall petition the Rome City Commission for such improvement of any street, alley, lane, or avenue or other public place, or any part of either describing in such petition the character of the improvement so desired, the width of the same, and the materials preferred by the petitioners for such improvements, said Commission may, in its discretion, promptly cause the said improvement to be made, in accordance with the prayer of said petition, and said Commission shall, by resolution, provide for said improvement and proceed as in this section provided; provided, however, that if all of the owners of land liable to assessment for such improvement shall join in said petition, then it will not be necessary to
1246
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either publish or serve a copy of said resolution, as hereinbefore provided.
(b) Except as hereinbefore provided with reference to sidewalks, curbs, and gutters, as a separate project from the paving as provided in Subparagraph (j) of this Section, the lots, pieces or parcels of land fronting and abutting on both sides of said improvements shall be charged with the cost thereof according to the just pro rata of the entire co3t of said improvement for the said frontage on basis of lineal-foot frontage; provided, that the frontage of intersecting streets, avenues, lanes, or alleys including headers, aprons and intakes, drainage or storm sewers shall be assessed to or against real estate abutting upon the street, lane, alley or avenue paved or otherwise improved pro rata on the basis of lineal-foot frontage; and provided further, that street-railway companies now having or which may hereafter have, tracks running through the street, lanes, alleys, or avenues paved, or otherwise improved, shall be assessed so much of said paving, macadamizing, or other improvement, as is occupied by its tracks and two feet on each side of the rail thereof, and in case there are two or more tracks on the same street said street-railway company shall pay the cost of paving, macadamizing or other improvement for not more than four and one-half feet between such tracks, except in cases where such street-railway companies voluntarily locate their tracks wider apart than four and one-half feet, in which event, they shall pay for the paving, macadamizing or other improvement of all space between said tracks and the pro rata to be paid by said street railway companies, to be deducted from the total cost and the balance to be paid by the abutting property owners, as hereinbefore provided.
Provided, however, that such Street-Railway Companies may be exempted and relieved of such assessment or any part thereof by the Rome City Commission if in its discretion it deems such action proper and shall embody in the resolution providing for such improvement, which shall be
SATURDAY, AucusT 15, 1931.
1247
published and served, as hereinbefore provided, a statement that such railway company shall not be liable to assessment for any part of such improvement, and thereafter the entire cost of such improvements shall be assessed to the abutting owners as herein provided, as though such company did occupy and use such street.
(c) Upon the completion of one or more sections of paving, macadamizing or other improvement, the City Commission shall, by resolution, ascertain and assess the proportional cost of such pavement, including, if any, street intersections, headers, curbing, gutters, drainage and storm sewers, and intakes chargeable to abutting owners, street railways or other public service corporations, or other persons occupying or using said streets, and shall cause the Secretary of said Commission to give written notice of such result to sa.id abutting owners, public-service corporations, or other persons, and the amounts so assessed shall be and become immediately due and payable; a copy of which notice shall be served upon the owners, agent or occupant thereof by any officer of the city and return thereof made on the original, which original shall be kept in the Secretary's office and recorded on the minutes, together with the entry of service thereon, and the duty shall proceed immediately to collect the same; provided such abutting owners, street-railway or other public-service corporations, or such other persons may, at their election, pay one-tenth of the amount assessed against them in cash within thirty days from date of the notice served upon them, and the remaining nine-tenths in nine equal annual installments, with interest thereon at 7 per cent. per annum, payable annually from the date of such notice; provided further, that on default of any one of the said installments, the remaining installments shall become immediately due and payable and may be collected as herein provided.
(d) A special lien superior to all other liens except the general lien for taxes is hereby created on and against the land of abutting owners and on and against the land and
JouRNAL OF THE HousE,
all other property of such street-railway companies or public-service corporations and others within said city for assessments so made against them, and on failure to P\!Y the full amount of such assessment in cash within thirty (30) days after the service of such notice the City Commission shall, by its Secretary, cause executions to be issued against such abutting owners, street-railway or other publicservice corporations or others for the amount of such assessment, or assessments, bearing seven per cent. interest from date of such notice; but if such abutting owners, streetrailway or public-service corporations, or others, shall elect to pay their assessment on the installm::nt plan; then in that event the Secretary shall issue executions for the unpaid installments to be held in abeyance, subject to transfer to con tractors or others, as part payment of the contract price, or to be held by the city, should the city on any account be entitled thereto, but not to be levied or collected unless and until default shall be made in the payment of any one or more of said installments.
(e) All executions authorized to be issued under this Act or under any provisions of the charter of the City of Rome relating to the subject matter herein referred to shall be levied and collected as tax executions in favor of said city are now levied and collected.
(f) The Secretary of said Commission may, by direction of said Commission, transfer said execution to con tractors or others by suitable entry thereon, and they sh:t!l be docketed as State and County tax executions are docketed when transferred under the laws of this State, and the liens herein created thereby preserved. On the payment of all installments said executions shall be fully satisfied by the holders thereof.
(g) Should any abutting owner, street-railway company or public-service corporation or other person, desire to con. test the amount of their assessment, or the legality of any proceeding growing out of or connected with the paving, macadamizing, or other improvement, of the streets, side
SATURDAY, AuGUST 15, 1931.
1249
walks, avenues, alleys, lanes, or other public places of the city, they may do so by filing with the levying officer an affidavit of illegality and stating therein the cause of such illegality and the amount which he admits to be due, which amount so admitted to be due shall be paid to the levying officer before the affidavit shall be received, and the affidavit shall be returned to the Superior Court of Floyd County, Georgia, and there tried and the issue determined as in the cases of illegality, subject to the penalties provided as in case of illegality filed for delay, and it shall be the duty of the judges of the Superior Court to give preference to these cases over all other cases pending in said court.
(h) The method herein provided for the collection of the proportionate parts of paving or other improvement accounts from any and all persons and corporations liable therefor in favor of contractors and other transferees of execution, is for their use and benefit, and shall not be held or taken in any event to make the city liable on account thereof, or for court costs in contested case, or on any claim.
(i) The Secretary of the Commission may transfer and assign, without recourse on the city, any execution or executions issued under this act or any of the other provisions of the charter of said City of Rome, and in that event the owners of such executions shall be entitled to any and all the remedies herein provided for levy and collecti~ns of such executions by and through the officers of the city as though no transfer or transfers had been made, and all rights and remedies heretofore existing in favor of such owners prior to the passage of this Act are herein expressly preserved.
(j) Whenever in the judgment of said City Commission, it shall be deemed necessary to construct sidewalks, curbing and guttering, or sidewalks only, or curbing and guttering only, or curbing only or guttering only, as an improvement project independent of street paving or other improvement on any street of said city, said Commission may, by
1250
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resolution, declare such work or improvement necessary to be done, which resolution shall be published at least once in a daily newspaper having a general circulation in the City of Rome, and thereafter the owner or owners of any of the land liable to assessment for such improvement shall have the right at any time within 10 days from the publication of such notice to protest in writing the doing of such improvement, which protest shall be heard at the next regular meeting of the Commission held after such protest is filed, and if such protest be decided adversely to the owner by said Commission, or if no such protest be filed, then said Commission shall have power to cause said improvement to be made, and to contract therefor, and to levy assessment or liens as hereinafter provided for. Said Commission shall, therefore have the rights and powers to fix, by resolution, and collect, as provided in Subsection (e) of this section, the costs of such sidewalks, curbing and guttering, or sidewalks only, or curbing and guttering, or curbing only or guttering only, the total of which shall be assessed against the abutting property owners only, and when the costs of such sidewalks, curbing and guttering, or sidewalks only or curbing and guttering, or curbing only or guttering only has been ascertained, the city shall, through the city manager, give ten days' notice to the abutting property owners, of the amount that will be due by them for such sidewalks, curbing and guttering, or sidewalks only or curbing and guttering, or curbing only or guttering only. The abutting property owners shall pay one-fourth of the amount assessed against them in cash within ten days from the service of said notice, and the remaining threefourths in three annual installments with interest thereon at the rate of seven per cent. per annum, payable from date of service of such notice; provided, that on default in the payment of any one of the said installments, the remaining installments shall become immediately due and payable, and may be immediately collected. A special lien is hereby created on and against the land of abutting owners for any and all assessments made against them under the pro-
SATURDAY, AuGUST 15, 1931.
1251
vision of this section of this Act relating to such sidewalks, and/or curbing and/or guttering and all the rights, remedies and powers of the City of Rome for issuing, collecting, and transferring executions for any such improvements, and all rights and remedies of abutting property owners, relating thereto, shall be in all respects the same as laid down and provided in subsections (d), (e), (f), (g), (h) and (i) of this section of this Act.
(k) The Rome City Commission, upon the passage of the resolution confirming and levying said assessments for the paving, macadamizing or otherwise improving the streets, avenues, alleys, lanes, or any parts thereof of said city, may, by resolution, provide for the issuance of bonds in the aggregate amount of such assessments remaining unpaid, bearing date fifteen days after the passage of the resolution levying said assessments and of such denominations as said Commission may determine, which bond or bonds shall in no event become a liability of the City of Rome. One-ninth in amoum of any such series of bonds, with the interest upon the whole series to date, shall be payable one year after date thereof and one-ninth with yearly interest on the whole amount remaining unpaid shall be payable annually in each succeeding year until all shall be paid. Such bonds 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 as herein provided, and that they shall be payable solely from assessments which have been levied upon the lots and tracts of land benefited by said improvement under authority of this Act. Said bonds shall be signed by the Chairman of the Rome City Commission and attested by the Secretary of the Commission, and shall have the impression of the corporate seal of each city thereon, and shall have interest coupons attached, and all bonds issued by
12;)2
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authority of this Act shall be payable at such place either within or without the State of Georgia as shall be designated by said Rome City Commission. Said bonds shall be sold at not less than par and the proceeds applied to the payment of the contract price or other expenses of the improvements on which they are issued by said Rome City Commission, or such bonds, in the amount that shall be necessary for that purpose, may be turned over and delivered to the ~ontractor at par value in the payment of the amount due him on his contract, and the portion thereof which shall be necessary to pay other expenses incident to and incurred in providing for said improvements shall be sold or otherwise disposed of as the said Rome City Commission shall direct. Said bonds shall be registered by the Secretary of the Commission in a book to be provided for that purpose and certificates of registration by said Secretary of the Commission shall be endorsed upon each of said bonds. Such bonds may be validated by proceedings in the Superior Court held for that purpose and shall be incontestable after such validation.
(l) The assessments provided for and levied under the provisions of this Act, whether or not executions have been issued thereon, shall be payable by the person owning the said lots or tracts of land, as the several installments become due together with interest thereon, to the Secretary of the Commission, who shall give proper receipts for such
payments. It shall be the duty of the Secretary of the
Commission to keep an accurate account of all such collections made by him 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 in connection therewith, and for no other purposes.
(m) In all cases where said Rome City Commission shall deem it necessary to repave, redrain, remacadamize, or otherwise reimprove any street, alley, avenue, lane, or other public place, which had been paved or improved prior to the passage of this Act, or which shall hereafter be paved,
SATURDAY, AucusT 15, 1931.
1253
macadamized or drained under 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.
(n) In all cases where a sewer shall be laid in the City of Rome, by or under authority of said City, in any street, the sum of cne dollar per lineal foot shall be assessed upon the property respectively abutting on said street on said side of said street in which said sewer is laid, the abutting owners upon each side to be subject to the full assessment of one dollar against each of them, and in consideration of the payment of said assessment, the owners of such abutting property shall have the right to connect their drains from said abutting property for the discharge of sewerage into said sewer; provided, that where such sewer abuts property which is unimproved, the City Commission may postpone the collection of such assessment until such time as the owner or owners of the abutting property shall improve such property or until such time as the City Commission shall direct that such assessment be collected, at which time the assessment shall be enforced against them. Before any such owners shall be permitted to connect their drains to such sewer all assessments due shall be paid by them.
(o) Whenever in the judgment of said City Commission, it shall be deemed necessary to construct sewers on any of the streets of the City of Rome as an improvement project, said Commission may, by resolution, declare such work or improvements necessary to be done, which resolution shall be published at least once in a daily newspaper having a general circulation in the City of Rome, and thereafter the owner or owners of any of the land liable to assessment for such improvement shall have the right at any time within 10 days from the publication of such notice to protest in writing the doing of such improvement, which protest shall be heard at the next regular meeting of the Commission held after such protest is filed, and if such
1254
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protest be decided adversely to the owner by said Commission, or if no such protest be filed, then said Commission shall have power to cause said improvement to be made and to contract therefor, and to levy assessments or liens as hereinafter provided for. Said Commission shall thereupon have the right and power to fix, by resolution, and collect, as provided in subsection (e) of this section, the assessment for such sewers provided for in subsection (n) of this section, and when the said sewers shall have been laid and completed, the city shall, through the city manager, give ten days' notice to the abutting property owners, of the amount that will be due by them for such sewers. The abutting property owners shall pay one-fourth of the amount assessed against them in cash within ten days from the service of said notice, and the remaining three-fourths in three annual installments with interest thereon at the rate of seven per cent. per annum payable from date of the service of such notice; provided, that on default in the payment of any one of the said installments, the remaining installment shall become immediately due and payable, and shall be immediately collected. Provided, the City Commission may, by resolution, postpone the collection of such assessment against improved property as provided in subsection (n) of this section and when such resolution shall be adopted, such assessment shall not thereafter become due until payment be demanded by resolution of the City Commission, and provided further that no limitation shall extend or operate against the liability for such assessment until payment thereof shall be so demanded. The rights and remedies of abutting property owners and of the City of Rome, as laid down and provided in subsections (d), (e), (f), (g), (h), and (i) of this section of this Act shall apply to and be in force in regard to all sewers laid under this subsection insofar as said subsections are not in conflict with this subsection.'"
Section 8. Be it further enacted by the authorit'y aforesaid that five commissioners shall constitute a quocum at
SATURDAY, AucusT 15, 1931.
1255
any meeting for the transaction of any business, and it shall require the affirmative vote of five commissioners to adopt any measure, ordinance or resolution, except as is provided in the case of initiative, or refetendum in the original charter of the City of Rome.
Section 9. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed.
The following Committee amendments to the substitute were read and adopted:
The Committee on Special Judiciary moves to amend the Committee Substitute for Hcuse Bill No. 563 by striking from Section 7, Subsection (b), all of the following words: "Provided, however, that such Street-Railway Companies may be exempted and relieved of such assessment or any part thereof by the Rome City Commission if in its discretion it deems such action proper and shall embody in the resolution providing for such improvement, which shall be published and served, as hereinbefore provided, a statement that such railway company shall not be liable to as-
to sessment for any part of such improvement, and thereafter
the entire cost of such improvements shall be assessed the abutting owners as herein provided, as though such company did occupy and use such street."
The Committee on Special Judiciary moves to amend the Committee substitute for House Bill No. 563, by striking from said bill all of sections three and four (3 and 4) thereof in their entirety.
The substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substitute as amended, was agreed to.
On the passage of the bill, the ayes were 111, nays 0.
The bill having received the requisite constitutional majority was passed by substitute as amended.
1256
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The following bill of the Senate was read the third time and placed upon its passage:
By Mr. Jones of the 51st District-
Senate Bill No. 114. A bill to be entitled an Act to amend an Act incorporating the Town of Alpharetta, and for other purposes.
The report 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 following bills of the Senate were read the first time and referred to the committees:
By Mr. Jones of the 51st DistrictSenate Bill No. 157. A bill to abolish the office of Tax
Receiver and Tax Collector c.f Milton County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Tippins of the 49th DistrictSenate Bill No. 159. A bill to amend an Act incorporat-
ing the City of Claxton, and for other purposes. Referred to Committee on Municipal Government.
By Mr. Neisler of the 23rd DistrictSenate Bill No. 160. A bill to amend the Code relating
to the security to be given by State depositories, and for other purposes.
Referred to Committee on General Judiciary No. 1.
SATURDAY, AucusT 15, 1931.
1257
By Mr. Harris of the 18th DistrictSenate Bill No. 164. A bill to amend the charter of the
City of Louisville, and for other purposes. Referred to Committee on Municipal Government.
By Mr. Moore of the 47th DistrictSenate Bill No. 163. A bill to abolish the office of County
Treasurer of Colquitt County, and for other purposes. Referred to Committee on Counties and County Matters.
Under the order of business, established by the Rules Committee, the following bills and resolutions of the House and Senate were taken up for consideration and read the third time:
By Mr. Adams of Towns-
House Resolution No. 60-405a. A resolution to refund fee deposited under Motor Carriers Act of 1929, and for other purposes.
By unanimous consent, the previous question was called, and the main question was ordered.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 112, nays 0.
The resolution having received the requisite constitutional majority was adopted.
By Messrs. Davis and Mooty of TroupHouse Resolution No. 62-440a. A resolution for relief
and refund of illegal tax, and for other purposes.
By unanimous consent, the previous question was called, and the main question was ordered.
1258
JouRNAL OF THE HousE,
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 110, nays 0.
The resolution having received the requisite constitutional majority was adopted.
By Mr. Mundy of Clayton-
House Resolution No. 65-472a. A resolution to relieve Seth B. Adams, Mrs. Ora Adams, and the Estate of M.T.J.
y. Long of Clayton County, Georgia, as sureties on the bond
of E. Adams, and for other purposes.
By unanimous consent, the previous question was called, and the main question was ordered.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 106, nays 2.
The resolution having received the requisite constitutional majority was adopted.
By Messrs. Brannen and Donaldson of Bulloch-
Hause Resolution No. 70-496a. A resolution authorizing and instructing the Highway Department to pave certain roads along State Route No. 26, and for other purposes.
By unanimous consent, the previous question was called, and the main question was ordered.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 107, nays 0.
SATURDAY, AuGUST 15, 1931.
1259
The resolution having received the requisite constitutional majority was adopted.
By Messrs. Battle, Meredith, and Roberts of Muscogee-
House Resolution No. 71-496b. A resolution to relieve D. A. Andrews and Louis Simons as sureties, and for other purposes.
By unanimous consent, the previous question was called, and the main question was ordered.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 106, nays 0.
The resolution having received the requisite constitutional majority was adopted.
By Mr. McWhorter of the 50th District-
Senate Resolution No. 48. A resolution for the relief of
J. F. Wilkinson as surety, and for other purposes.
By unanimous consent, the previous question was called, and the main question was ordered.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 104, nays 0.
The resolution having received the requisite constitutional majority was adopted.
By Messrs. Davis and Mooty of Troup-
House Resolution No. 75-530b. A resolution to relieve B. F. Harrell and T. P. Haralson on appearance bond in City Court of LaGrange, and for other purposes.
1260
JouRNAL OF THE HousE,
By unanimous consent, the previous question was called, and the main question was ordered.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 105, nays 0.
The resolution having received the requisite constitutional majority was adopted.
By Messrs. Mooty and Davis of Troup--
House Resolution No. 76-530c. A resolution to relieve W. H. Colley on appearance bond in City Court of LaGrange, and for other purposes.
By unanimous consent, the previous question was called, and the main question was ordered.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adc. ption of the resolution, lhe ayes were 109, nays 0.
The resolution having received the requisite constitutional majority was adopted.
By Mr. Carlisle of Bibb-
House Resoluticn No. 77-530d. A resolution to relieve 0. H. Booker frcm bond forfeiture in City Court of Macon,
and for other purposes.
By unanimous consent, the previous question was called, and the main question was ordered.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 108,
nays 0.
SATURDAY, AUGUST 15, 1931.
1261
The resolution having received the requisite constitutional majority was adopted.
By Mr. Carlisle of Bibb-
House Resolution No. 78-530e. A resolution to relieve H. B. Bloodworth from bond forfeiture in Bibb Superior Court, and for other purposes.
By unanimous consent, the previous question was called, and the main question was ordered.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 108, nays 0.
The resolution having received the requisite constitutional majority was adopted.
By Mr. Lindsay of DeKalb-
Hom:e Resolution No. 94-593f. A resolution authorizing the Military Department of the State to investigate the claims of Roosevelt Henley, and for other purposes.
By unanimous consent, the previous question was called, and the main question was ordered.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 104; nays 0.
The resolution having received the requisite constitutional majority was adopted.
By Mr. Walker of Ben Hill-
House Resolution No. 97-615b. A resolution to relieve
a bail-bond signed by J. B. Seanor and J. Casper of Ben
Hill County, and for other purposes.
1262
JouRNAL OF THE HousE,
By unanimous consent, the previous question was called, and the main question was ordered.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 104, nays 0.
The resolution having received the requisite constitutional majority was adopted.
By Messrs. Lanier, Lester, and Cartledge of Richmond-
House Bill No. 253. A bill to be entitled an Act to amend an Act entitled an Act to regulate the compensation of official Reporters of Superior Courts, and for other purposes.
By unanimous consent, the previous question was called, 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, the ayes were 104, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Bunn of Ware-
House Bill No. 355. A bill to be entitled an Act to provide for the manner in which tax fi. fas. shall be issued by the collectors of ad valorem taxes in certain counties in the State of Georgia, and for other purposes.
By unanimous consent, the previous question was called, 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, the ayes were 117, nays 1.
SATURDAY, AuGUST 15, 1931.
1263
The bill having received the requisite constitutional majority was passed.
By Messrs. Park, Carlisle, and Gillen of Bibb-
House Bill No. 426. A bill to be entitled an Act to authorize and require the opening of the tax receiver's books in certain counties of the State of Georgia, and for other purposes.
By unanimous consent, the previous question was called, 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, the ayes were 113, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Logan of Banks-
House Bill No. 478. A bill to be entitled an Act to amend the Park's Code of Georgia, and for other purposes.
By unanimous consent, the previous question was called, and the main question was ordered.
The report of the committee, which was favorable to the passage of the bill, was agreed tc.
On the passage of the bill, the ayes were 113, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Lanier, Lester, and Cartledge of Richmond-
House Bill No. 387. A bill to be entitled an Act to amend an Act of the Legislature approved August 16, 1931, so as to make the bailiff to the Solicitor of the City Court and the bailiff to the Solicitor of the Superior Court
1264
JouRNAL OF THE HousE,
in certain counties, the probation officers, and for other purposes.
By unanimous consent, the previous question was called, 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, the ayes were 104, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Park and Gillen of Bibb-
House Bill No. 449. A bill to be entitled an Act to authorize the Board of County Commissioners or other fiscal agent of certain counties in this State to elect one member of the Board of County Tax Assessors as a fulltime Tax Assessor, and for other purposes.
By unanimous consent, the previous question was called, 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, the ayes were 112, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Ashley of Lowndes, Mardre of Thomas, and others-
House Bill No. 482. A bill to be entitled an Act to amend an Act entitled an Act to abolish the fees accruing in the office of Solicitor-General in criminal cases in the Southern Judicial Circuit of this State, as provided by the general laws of this State, and for other purposes.
By unanimous consent, the previous question was called, and the main question was ordered.
SATURDAY, AuGUST 15, 1931.
1265
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 2.
The bill having received the requisite constitutional majority was passed.
By Messrs. Lester, Lanier, and Cartledge of Richmond-
House Bill No. 385. A bill to be entitled an Ac-t to make tax collectors in certain counties in this State, ex-officio sheriffs in certain cases, and for other purposes.
By unanimous consent, the previous question was called, 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, the ayes were 105, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Stanton and Bunn of Ware-
House Bill No. 507. A bill to be entitled an Act to provide for the compensation of Juvenile Court Judges in certain counties of this State, and for other purposes.
By unanimous consent, the previous question was called, and the main question was ordered.
The following Committee amendment was read and adopted:
The Committee amends House Bill No. 507 by Messrs. Stanton and Bunn of Ware as follows:
By striking the figures and words "from 20,000 to 30,000" wherever they may appear in said bill and substituting in lieu thereof the following words and figures, to-wit: "from 26,525 to 26,600" so that said bill shall apply to counties
1266
JouRNAL OF THE HousE,
of this State having a population of not less than 26,525 and not more than 26,600 by the United States Census of 1930 or by any future United States Census.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill as amended, the ayes were 104, nays 0.
The bill having received the requisite constitutional majority was passed as amended.
By Mr. Eckford of Fulton-
House Bill No. 527. A bill to be entitled an Act to amend an Act entitled an Act to authorize the Board of Commissioners of Roads and Revenues of certain counties in this State to supplement the funds of the county board of education from any funds of the said counties derived from any source other than taxation, and for other purposes.
By unanimous consent, the previous question was called, 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, the ayes were 108, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Gillen and Carlisle of Bibb-
House Bill No. 544. A bill to be entitled an Act to prevent ineligibility of policemen and firemen in certain cities of this State by reason of affiliation with or membership in a religious, fraternal, or labor organization, and for other purposes.
By unanimous consent, the previous question was called, and the main question was ordered.
SATURDAY, AuGUST 15, 1931.
1267
The report 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 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Eckford, McRae, and Still of Fulton and others-
House Bill No. 570. A bill to be entitled an Act amending the city charter of the City of Atlanta and creating a City Planning Commission, and for other purposes.
By unanimous consent, the previous question was called, 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, the ayes were 116, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Eckford, McRae, and Still of Fulton and others-
House Bill No. 574. A bill to be entitled an Act to increase the city limits of the City of Atlanta fot the purpose of taking in a small portion of territory, and for other purposes.
By unanimous consent, the previous question was called, 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, the ayes were 110, nays 0.
The bill having received the requisite constitutional majority was passed.
1268
JouRNAL oF THE HousE,
By Messrs. Lanier, Lester, and Cartledge of Richmond and others-
House Bill No. 592. A bill to be entitled an Act to create the Savannah River Navigation Commission, and for other purposes.
By unanimous consent, the previous question was called, and the main question was ordered.
The following amendment was read and adopted:
The Committee moves to amend House Bill No. 592 by striking out the words "Nominated by the Mayor of the City of Augusta, Georgia," in Section 1, being a part of the first and second lines at the top of page two of said bill.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill as amended, the ayes were 104, nays 0.
The bill having received the requisite constitutional majority was passed as amended.
By Mr. Walker of Ben Hill-
House Bill No. 607. A bill to be entitled an Act creating a County Depository for Ben Hill County, and for other purposes.
By unanimous consent, the previous question was called, 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, the ayes were 104, nays 0.
The bill having received the requisite constitutional majority was passed.
SATURDAY, AuGUST 15, 1931.
1269
By Messrs. Adams of Towns, Townsend of Dade, and others-
House Bill No. 606. A bill to be entitled an Act to authorize ordinaries of certain counties to use funds arising to such counties from the allocation of gasoline tax monies in retiring Highway bonds issued by such counties, and for other purposes.
By unanimous consent, the previous question was called, 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, the ayes were 104, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Musgrove of Clinch-
House Bill No. 622. A bill to be entitled an Act to require certain county officers in counties having a certain maximum and minimum population to make monthly financial statements reflecting the financial condition of the offices held by them, and for other purposes.
By unanimous consept, the previous question was called, and the main question was ordered.
The following amendment was read and adopted:
Mr. Musgrove of Clinch moves to amend House Bill No. 622 by changing the population figures in line 4, section 1, to read 7005 and 7015, according to the United States Census of 1930, or any future census of the United States.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill as amended, the ayes were 111, nays 0.
1270
JouRNAL OF THE HousE,
The bill having received the requisite constitutional majority was passed as amended.
By Messrs. Davis, Lanham, and Crawford of Floyd-
House Bill No. 623. A bill to be entitled an Act to amend the Civil Code of 1910, and for other purposes.
By unanimous consent, the previous question was called, and the main question ordered.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Preston of Walton-
House Bill No. 618. A bill to provide that the County Superintendent of Schools may be a resident and reside in the county site of said county, in counties of this State having a certain population, and for other purposes.
By unanimous consent, the previous question was called and the main question was ordered.
The following amendment was read and adopted:
Mr. Westbrook of Dougherty moves to amend House .Bill No. 618 by striking larger sum 21,123 wherever it occurs and inserting the figures 23,000.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill as amended, the ayes were 106, nays 0.
The bill having received the requisite constitutional majority was passed as amended.
SATURDAY, AucusT 15, 1931.
1271
By Mr. Thompson of Barrow-
House Bill No. 619. A bill to be entitled an Act to provide that County Superintendent of Schools may be a resident and reside in the county site of said county, in counties of this State having a certain population, and for . other purposes.
By unanimous consent, the previous question was called, 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, the ayes were 110, nays 5.
The bill having received the requisite constitutional majority was passed.
Mr. Nelson of Cook asked unanimous consent that when the House adjourn, it stand adjourned until 10:00 o'clock Monday morning, and the request was granted.
By Mr. Myrick of Chatham-
House Bill No. 370. A bill to be entitled an Act to amend the several Acts creating and relating to the City Court of Savannah, and for other purposes.
By unanimous consent, the previous question was called, 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, the ayes were 110, nays 0.
The bill having received the requisite constitutional majority was passed.
Privileges of the floor were granted to Hon. C. M. Jordan of Wheeler County, Hon. J. H. Carter of Bacon County, Hon. A. L. Hughes of Clinch County, and Dr. W. A. Rivers of Wheeler County.
1272
JouRNAL OF THE HousE,
Mr. Peebles of Bartow moved that the House do no" adjourn, and the motion prevailed.
Leave of absence was granted to Messrs. Barrett o White, Clements of Marion, Lewis of Gordon, and Turne1 of Brooks.
The Speaker announced the House adjourned unti Monday morning, at 10:00 o'clock.
MoNDAY, AuGuST 17, 1931.
1273
i l REPRESENTATIVE HALL, ATLANTA, GA.,
MoNDAY, AuGUST 17, 1931.
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 memhers answered
to their names:
Adams Alexander Allen Almand Andrews Arnold Arrington Ashley Atwood Awtrey Bargeron Barrett Battle Beaman Bean Beasley Bennett of Bacon Bennett of Jeff Davis Bland Brannen Brown Brunson Bunn Burton Bush Cain Cannon Carlisle of Bibb Carlisle of Grady Cartledge Chalker
Chambers Childs Clark Clements of Marion Clements of Telfair Cochran Collier Colson Courson Cowart Cozart Crawford Crowe Cullens Culpepper of Echols Culpepper of Fayette Davis of Floyd Davis of Jackson Davis of Mitchell Davis of Troup Dixon Donaldson Dorsett Duncan Eckford Edmondson Edwards of Gilmer Edwards of Stephens Elliott Evans Fagan
Franklin Fraser Freeman Gary Gillen Graham Grayson Green Greer Griffeth Griffin of Decatur Griffin of Wilkes Gullatt Hampton Hardin Harris Harrison of Camden Harrison of Jenkins Hatcher Hawes Hodges Holt Horne Howard of Chatt'h'chee Howard ~f Long Hubbard of Habersham Hubbard of Wilkinson Huddleston Hutcheson Hyman Irvin
1274
JouRNAL OF THE HousE,
James
Montgomery
J obnson ot MontgomeryMooty
Johnson ot Pike
Morris
Johnson or Seminole Moye
Johnston
Mundy
Jones of Burke
Musgrove
Jones of Lumpkin Myrick
Jones of Paulding Nelson of Cook
Kennedy
Nelson of Laurens
Key
Oliver
Killebrew
Osteen
Kimbrough
Pace
Kimsey
Parham
King of Cf3
Park
King of Newton
Patten
Lance
Paulk
Lanham
Peebles
Lanier
Phillips
Leathers
Pittard
Lester
Pope
Lewis of Gordon
Powell
Lewis of Hancock
Preston
Lindsay
Purdy
Logan
Purvis
Lord
Rabun
McElreath
Rivers
McGehee
Roberts
McKOY
Robertson
McLeod
Ross of Appling
McRae
Ross of Dodge
McWhorter
Rosser
Mallard
Sammon
Mardre
Scarbrough
Mattox
Seckinger
Mercer
Sharpe
Meredith
Shirley
Mixon
Simmons
Sims Sisk Skelton Spivey Stanton Stewart Still Stone Strickland of Douglas Strickland of Haralson Sutton Swain Tate Taylor Thomas Thomoson Thompson Tippins Townsend Trapnell Trotter Turner Waldrop Walker of Ben Hill Walker of Brooks Walker of Morgan Walker of Screven Wall Weeks Westbrook Whittle Wilkes Williams Wilson Wood Yawn Mr. Speaker
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requiSite constitutional majority the following bills of the Senate, to-wit:
MoNDAY, AucusT 17, 1931.
1275
By Mr. Evans of the 19th District-
Senate Bill No. 91. A bill making it a misdemeanor for any person, firm, or corporation engaged in the Life Insurance business to receive any compensation on account of the employment of an undertaker.
By Mr. Courson of the 16th District-
Senate Bill No. 147. A bill to provide for the use of wooden and wire fish baskets in certain counties.
By Mr. Beck of the 37th District-
Senate Bill No. 122. A bill to amend the Code relative to the punishment for abandonment of a child.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the reqmstte constitutional majority the following bills and resolution of the Senate and House, to-wit:
By Messrs. Perkins of the 17th District and Harris of the 18th District-
Senate Bill No. 143. A bill to be entitled an Act "to create the Savannah River Navigation Commission, to provide assistance to and to cooperate with the United States Government in the improvement of, and in the maintenance of a navigable channel for commerce from the City of Augusta, Ga., to the upper limits of Savannah Harbor, Ga."
By Mr. Tippins of the 49th District-
Senate Bill No. 156. A bill to be entitled an Act to repeal Section 695 of Volume One of the Code of Georgia
1276
JouRNAL OF THE HousE,
of 1910 enumerating the persons subject to road duty in Georgia as <~,mended by the Act approved August 15, 1922, relating to road tax in certain counties from the provisions thereof; and for other purposes.
By Messrs. Davis and Mooty of Troup-
House Bill No. 113. A bill to be entitled an Act to reapportion the members of the House of Representatives among the several counties of this State, according to the last census of the United States, and for other purposes.
By Mr. Patten of Lanier-
Hause Bill No. 466. A bill to be entitled an Act to provide for the election of the mem hers of the County Board of Education of Lanier County; and for other purposes.
By Messrs. Mardre and Cochran of Thomas-
House Bill No. 555. A bill to be entitled an Act to repeal an Act to establish a system of public schools in the Town of Boston, Thomas County, and for other purposes.
By Messrs. Eckford, McRae, and Still of Fulton, and Lindsay and Leathers of DeKalb-
House Bill No. 360. A bill to be entitled an Act to amend an Act approved August 13, 1924, published in Acts of 1924 on pages 167 to 173 inclusive, relating to the firemen of cities having a population of 150,000 or more.
By Mr. McRae of Fulton-
House Resolution No. 73-515a. A resolution to authorize repayment of a bond forfeiture to S. M. Davis, surety; and for other purposes.
By Mr. Weekes of the 34th District-
MoNDAY, AucusT 17, 1931.
1277
Senate Bill No. 112. A bill to amend an Act relative to regulation and control of fraternal societies.
By Messrs. Watson of the 3rd District, Harris of the 18th District, and others-
Senate Bill No. 145. A bill to amend an Act creating the State Board of Public Welfare.
By Mr. Reagan of the 35th District-
Senate Bill No. 162. A bill to amend an Act to increase the fees of coroners in certain counties.
By Mr. Neisler of the 23rd District-
Senate Bill No. 167. A bill to repeal an Act to regulate the grading and marketing of peaches.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the reqms1te constitutional majority the following bill of the House, to-wit:
By Messrs. Huddleston of Meriwether, Crowe of Worth, and others-
House Bill No. 194. A bill to simplify the operations of the Executive Branch of the State Government.
Mr. Hardin of Whitfield County, 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.
1278
JouRNAL OF THE HousE,
Mr. Nelson of Cook, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:~
The Committee on Rules, having had under consideration the calendar of the day, begs to recommend the following order:
Senate Resolution No. 43. Code Bill. House Bill No. 313. Confederate Veterans' Pension Bill. Senate Resolution No. 8. Inaugural Bill. House Resolution No. 98-629-A. Provide Commission to purchase Hearn Academy property. House Resolution No. 63-448-A. Payment expenses Reorganization Committee. House Bill No. 356. Pure Seed Bill. House Bill No. 414. Providing Lights on Vehicles. House Bill No. 429. Budget Bill. House Resolution No. 100. Rewrite School Laws. House Bill No. 603. Produce Peddlers Bill. House Bill No. 117. Allow Superintendent to live m Independent School Districts. House Bill No. 364. Tax Assessors Bill. House Bill No. 268. Dispensing brief of evidence. House Bill No. 109. Paint Bill. House Bill No. 577. Amending Civil Code relative to School Superintendents. House Bill No. 200. Act Amending School Code.
Respectfully submitted, NELSON of Cook, Vice-Chairman.
MoNDAY, AuGUST 17, 1931.
1279
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 repcrted, the second time.
4. Passage of uncontested local House and Senate bills and resolutions.
::>. First reading of Senate bills and resolutions.
By unanimous consent, the following bill of the Senate was read the second time and recommitted:
By Mr. Tippins of the 49th District-
Senate Bill No. 159. A bill to be entitled an Act to amend an Act incorporating the City of Claxton, and for other purposes.
By unanimous consent, the following bill of the House was taken up for the purpose of considering the Senate amendment thereto:
By Mr. Montgomery of Webster-
House Bill No. 418. A bill to be entitled an Act to create the office of Commissioner of Roads and Revenues of the County of \Vebster, and for other purposes.
The following Senate amendment was read:
The Senate moves to amend House Bill No. 418, by striking Section 2 thereof in its entirety and substituting in lieu thereof the following:
Section 2: Be it further enacted by the authority aforesaid that it shall be the duty of the Ordinary of Webster
1280
JouRNAL OF THE HousE,
County on the first day of September, 1931, to call an election to be held on the four:th Wednesday of September, 1931, for the purpose of electing a Commissioner of Roads and Revenues for Webster County, Georgia, said election to be held as the law provides for the election of county officers, the candidate receiving the largest vote to be declared elected.
Those citizens who were qualified to vote in the general election of 1930, are hereby designated as qualified to vote in this election.
The amendment was agreed to.
By unanimous consent, the following bills of the House were read the first time and referred to the committees:
By Mr. Lewis of Hancock-
House Bill No. 639. A bill to amend the charter of the City of Sparta, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Mallard of Charlton-
House Bill No. 640. A bill to amend an Act creating a new charter for the City of Folkston, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Nelson, Brunson, and Graham of Laurens-
House Bill No. 641. A bill to amend an Act creating a
new charter for the City of Dublin, and for other purposes.
Referred to Committee on Municipal Government.
Mr. Andrews of Crawford County, Chairman of the Committee on Counties and County Matters, submitted the following report:
MoNDAY, AuousT 17, 1931.
1281
Mr. Speaker:
Your Committee on Counties and County Matters has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 638 do pass by substitute.
House Bill No. 627 do pass.
Senate Bill No. 163 do pass.
Senate Bill No. 158 do pass.
Senate Bill No. 150 do pass.
Senate Bill No. 149 do pass.
Senate Bill No. 157 do pass.
Respectfully submitted, ANDREWS of Crawford, Chairman.
Mr. Hubbard of Wilkinson County, Chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker:
Your Committee on Enrollment has examined, found properly enrolled, signed, and ready for delivery to the Governor, the following Act, to-wit:
House Bill No. 453. An Act to amend an Act incorporating the City of Cornelia.
Respectfully submitted, HuBBARD of Wilkinson, Chairman.
1282
JouRNAL oF THE HousE,
:vir. Stone of Early County, Vice-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 vice-chairman, to report the same back to the House with the recommendation that:
House Bill No. 207 do pass.
Respectfully submitted, STONE of Early, Vice-Chairman.
Mr. Trotter of Taliaferro 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 bill of the House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 637 do pass.
Respectfully submitted, TROTTER of Taliaferro, Chairman.
By unanimous consent, the following bills of the Senate, favorably reported, were read the second time:
MoNDAY, AuousT 17, 1931.
1283
By Mr. Neill of the 24th District-
Senate Bill No. 149. A bill to change the time of meeting of the Board of Commissioners and Revenues of Muscogee County, and for other purposes.
By Mr. Neill of the 24th District-
Senate Bill No. 150. A bill to abolish the Muscogee Asylum for the Poor, and for other purposes.
By Mr. Jones of the 51st District-
Senate Bill No. 157. A bill to be entitled an Act to abolish the office of Tax Receiver and Tax Collector of Milton County and to create a Tax Commissioner, and for other purposes.
By Mr. Dekle of the 6th District-
Senate Bill No. 158. A bill to consolidate the offices and duties of the Tax Receiver and Tax Collector of Lowndes County, and for other purposes.
By Mr. Moore of the 47th DistrictSenate Bill No. 163. A bill to abolish the office of County
Treasurer of Colquitt County, and for other purposes.
By unanimous consent, the following bills of the House, favorably reported, were read the second time:
By Mr. Key of Jasper-
House Bill No. 207. A bill to amend the Code relative to power of sale in deeds of trust, and for other purposes.
By Mr. Howard of Long-
House Bill No. 627. A bill to amend an Act establishing the City Court of Ludowici, and for other purposes.
1284
JouRNAL oF THE HousE,
By Messrs. Lance and Oliver of Hall-
House Bill No. 637. A bill to amend the charter of the Town of Clermont, and for other purposes.
By Mr. Evans of McDuffie-
Hause Bill No. 638. A bill to amend an Act establishing the City Court of Thomson, and for other purposes.
By unanimous consent, the following bills of the House were read the third time and placed upon their passage:
By Messrs. Cartledge, Lanier, and Lester of RichmondHouse Bill No. 521. A bill to be entitled an Act to
establish a City Court of Richmond County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Elliott of Henry-
House Bill No. 617. A bill to be entitled an Act to provide for the use of wire baskets in the waters of Henry County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, 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 the committees:
By Mr. McWhorter of the 50th District-
MoNDAY, AucusT 17, 1931.
1285
Senate Bill No. 142. A bill to amend the Code providing for the compensation of State Fire Inspector, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Reagan of the 35th District-
Senate Bill No. 153. A bill to amend an Act establishing a new charter for the City of Atlanta, and for other purposes.
Referred to Committee on Municipal Government.
By unanimous consent, the following bill of the House was taken up for the purpose of considering the Senate substitute thereto:
By Messrs. Stanton and Bunn of Ware-
House Bill No. 511. A bill to be entitled an Act to provide a new charter for the City of Waycross, and for other purposes.
The Committee offered the following substitute:
A BILL
To be entitled an Act to amend an Act approved August 17, 1909, as amended by the Acts amendatory thereto, entitled "An Act to provide and establish a new charter for the City of Waycross in the County of Ware; and for other purposes."
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same:
Section 1. That an Act approved August 17, 1909, entitled "An Act to provide and establish a new charter for the City of Waycross in the County of Ware; and for other purposes," as amended by the Acts amendatory thereto, be amended as follows:
1286
JouRNAL OF THE HousE,
"The mayor and aldermen, city commission or governing body of said city shall have power to levy and collect an annual ad valorem tax not to exceed ten mills on the dollar on all property, real and personal, within the corporate limits of said city, which is taxable under the laws of this State, for the purpose of supporting, maintaining, and bearing the general expenses of the said city government, and an additional tax sufficient in amount on all of said property for paying the principal and interest of the public debt of the city. The term 'public debt' shall include only the authorized outstanding bonded indebtedness of said city and shall not include the current or casual deficiency indebtedness. The authority hereby conferred shall be exclusive of taxes authorized by law for the support and maintenance of the public schools of the said city."
Sec. 2. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed.
The substitute was disagreed to.
Under the call of the Chairman of the Appropriations Committee, the following bill of the House was taken up for the purpose of considering the Senate amendments thereto:
By Mr. Culpepper of Fayette-
House Bill No. 147. A bill to be entitled an Act to make for the last half of the fiscal year 1931 and for the fiscal years 1932 and 1933, appropriations for the maintenance and outlay of the State Departments, Boards, Commissions~ Public Institutions and Educational interest of the State and for the payment of the public debt and interest thereon, and for other purposes.
The Senate amendment to House Bill No. 147, Part 1, Division "A," Section 1, Subsection (e) was read and disagreed to.
MoNDAY, AucusT 17, 1931.
1287
The Senate amendment to Section 1, Subsection (d) was read and disagreed to.
The Senate amendment to Part 1, Division "A," Section 1, Subsection (b) was read and disagreed to.
The following amendment to the Senate amendment to Section 2, Agriculture, (a) Maintenance, was offered from the floor:
Messrs. Stewart of Coffee, Clements of Telfair, Crawford of Floyd, Scarbrough of Polk, Walker of Ben Hill, Lewis of Hancock, Courson of Brantley, Gullatt of Campbell, Thomason of Worth, Lord of Jackson, Griffeth of Oconee, Griffin of Wilkes, Hubbard of Habersham, Paulk of Turner, Beaman of DeKalb, and others move to amend the Senate amendment to House Bill No. 147, as follows:
By striking from Section 2, Paragraph A, Maintenance Agricultural Department, the words and figures:
"For the year 1932, $200,000.00; For the year 1933, S200,000.00."
And inserting in lieu thereof the words and figures:
"For the year 1932, $325,000.00; For the year 1933, $325,000.00."
On the adoption of the amendment to the Senate amendment, Mr. Nelson of Laurens moved the ayes and nays, and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Almand Arnold Anington Atwood Awtrey Bargeron Banett
Beaman Bean Bennett of Bacon Bland Brannen Brown Brunson
Bunn Burton Cain Carlisle of GradY Chalker Chambers Clark
1288
JouRNAL pF THE HousE,
Clements of Marion Hyman
Phillips
Clements of Telfair Cochran Collier
Irvin
Pittard
:rohnson of Montgomery Pope
:rohnson of Seminole Preston
Colson
:Johnston
Purdy
Courson
Jones of Burke
Purvis
Crawford
:Jones of Lumpkin Rabun
Crowe
Jones of Paulding Rivers
Cullens
Kennedy
Roberts
Culpepper of Echols Key
Robertson
Davis of Jackson
Killebrew
Ross of Dodge
Davis of Mitchell
KimbroUgh
Rosser
Dixon
Kimsey
Sammon
Donaldson
King of Newton
ScarbroUgh
Dorsett
Lanham
Seckinger
Duncan
Lanier
Sharpe
Dykes
Lester
Simmons
Eckrord
Lewis of Gordon
Sims
Edmondson
Lewis of Hancock
Sisk
Edwards of Stephens Lord
Skelton
Elliott
McElreath
Stewart
Evans
McGehee
Still
Fagan
McKoy
Strickland of Douglas
Franklin
McLeod
Strickland of Haralson
Fraser
McRae
Swain
Freeman
McWhorter
Tate
Glllen
Mallard
Ta:vlor
Graham
Mardre
Thomas
Green
Mattox
Thomason
Greer
Mercer
Thompson
Griffeth
Meredith
Townsend
Griffin of Wilkes
Moot:v
Trotter
Gullatt
Morris
Turner
Hampton
Moye
Walker of Ben Hill
Hardin
Mundy
Walker of Brooks
Harrison of Camden Musgrove
Walker of Morgan
Harrison of :Jenkins Myrick
Walker of Screven
Hatcher
Nelson of Cook
Wall
Hawes
Nelson of Laurens Weeks
Hodges
Oliver
Westbrook
Holt
Osteen
Whittle
Home
Pace
Wilkes
Howard of Long
Parham
Williams
Hubbard of HabershamPatten
Wilson
Hubbard of Wilkinson Paulk
Wood
Huddleston
Peebles
Yawn
Hutcheson
MoNDAY, AuGUST 17, 1931.
1289
Those voting in the negative were Messrs.:
Adams Allen Battle Beasley Cannon Carlisle of Bibb Cartledge Childs Cowart
Cozart
Montgomery
Gary
Park
Grayson
Powell
Harris
Ross of Appling
Howard of Ohatt'h'cheeStone
King of Clay
Sutton
Lance
TYapnell
Leathers
Waldrop
Lindsay
Those not voting were Messrs.:
Alexander Andrews Ashley Bennett of Jeff Davis Bush Culpepper of Fayette Davis of Floyd
Davis of TYoup Edwards of Gilmer Edwards of Lowndes Griffin of DecJ~,tur James Johnson of Pike Logan
Maynard Mixon Shirley Spivey Stanton Tippins Mr. Speaker
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the amendment to the Senate amendment the ayes were 160, nays 26, and the Senate amendment was agreed to as amended.
Mr. Rosser of Walker moved that when the House adjourn this morning, it stand adjourned until 3:00 o'clock this afternoon, and the motion prevailed.
The following. resolution of the House was read and ordered to lie on the table one day:
By Messrs. Stewart of Coffee and Stanton of Ware-
House Resolution No. 106. A resolution relative to House Bill No. 1 and lobbying in connection therewith, and for other purposes.
Privileges of the floor were granted to Hon. "'vV. R.
Sirman of Walker County, Hon. Harry Taylor and J. B.
Fordham of Dublin, and Mr. W. A. Scott of DeKalb County.
1290
JOURNAL OF THE HousE,
Mr. Gullatt of Campbell moved that the House do now adjourn, and the motion prevailed.
Leave of absence was granted to Mr. Davis of Troup.
The Speaker announced the House adjourned until this afternoon, at 3:00 o'clock.
AFTERNOON SESSION,
3:00 o'clock, P. M.
The House met again at this hour and was called to order by the Speaker.
By unanimous consent, the roll call was dispensed with.
Under the order of unfinished business of the previous
session, the following bill of the House was again taken
up for the purpose of considering the Senate amendments
thereto:
By Mr. Culpepper of Fayette-
House Bill No. 147. A bill to be entitled an Act to make appropriations for the maintenance of State Departments (known as the General Appropriations Bill), and for other purposes.
Mr. Duncan of Houston moved that all Senate amendments to House Bill No. 147, which had not been acted on by the House, with the exception of that pertaining to the sanitarium at Milledgeville, be disagreed to.
On the motion, Mr. Lance of Hall moved the previous question.
The motion prevailed, and the main question was ordered.
The motion to disagree prevailed.
Mr. Allen of Baldwin moved that the House agree to the Senate amendment in regard to the sanitarium at Milledgeville.
MoNDAY, AuGusT 17, 1931.
1291
On the motion to agree to the Senate amendment, Mr. Myrick of Chatham, moved the previous question.
The motion prevailed, and the main question was ordered.
On the motion to agree to the Senate amendment, Mr. Taylor of Washington moved the ayes and nays, and the call was not sustained.
On the motion, the ayes were 27, nays 102, and the Senate amendment was disagreed to.
The following privileged resolution was read and adopted:
A RESOLUTION
Whereas, Hon. W. H. Burwell, a former Speaker of this House and distinguished citizen of Georgia but now a citizen of Florida, is spending the day in the city.
Therefore, be it resotued, by the House that the privileges of the floor be extended him and a committee of four be appointed by the Speaker to escort this distinguished gentleman to the Speaker's stand.
The Speaker appointed the following members of the House as a committee to escort the Han. W. H. Burwell to the Speaker's chair:
Messrs. Key ofJasper, Myrick of Chatham,
Stewart of Coffee,
Lewis of Hancock.
The following bill of the House was taken up for the purpose of considering the Senate amendments thereto:
By Mr. Huddleston of Meriwether and others-
House Bill No. 194. A bill to be entitled an Act to simplify the operations of the Executive Branch of the State Government, and for other purposes.
1292
JouRNAL OF THE HousE,
Mr. Colson of Glynn moved that the House disagree to the 41 amendments offered by the Senate to House Bill No. 194.
On the motion to disagree to the Senate amendments, Mr. Taylor of Washington moved the previous question.
The motion prevailed, and the main question was ordered.
The motion to disagree prevailed.
The following report of the committee appointed under the provisions of House Resolution No. 84 was read:
Mr. Speaker:
Your committee, appointed under and by virtue of the authority contained in House Resolution No. 84, with instructions to confer with the Governor on the charge of misapplication of funds by State employees, and with any other persons whomsoever on the subject, beg leave to submit this their report, to-wit:
Pursuant to the authority contained in the resolution above referred to, your committee has considered the activities of the Highway Department, the Office of Secretary of State, Commissioner of Motor Vehicles, Agricultural Department, and the office of State Entomologist, and this report will deal with the investigation of these departments inseriatim as follows:
1. In connection with the Highway Department your committee has investigated the following phases:
a. The salary of the Chairman.
b. Expense accounts of the Board Members.
c. Purchase of site and erection of office building.
d. New equipment for office building.
Under an Act of the General Assembly, approved August 21, 1922, Georgia Acts, Page 117, the Highway Board
MoNDAY, AucusT 17, 1931.
1293
is authorized to fix the salary of the chairman, and this salary has been fixed at $8,400.00 per year. Under the Act above referred to there is no limitation upon the authority of the board in fixing the salary of the chairman. Your committee brings this matter to the attention of the General Assembly so that there may be proper limitation upon this authority of the board.
Expenses of Board Members. The Act of 1919, Georgia Acts, Page 245, Paragraph 4, provides that the Highway Board Members shall be paid a per diem of SlO.OO per day and actual traveling expenses while engaged in the performance of their duties. As above referred to, the Acts of 1922 authorize the Highway Board to fix the salary of the chairman, but no reference is made in this Act to the expenses of the chairman. This committee, therefore, is of the opinion that the only expenses allowed to the chairman are actual traveling expenses while in the performance of his duties. This committee finds that .Mr. Tate, during his tenure of office, was paid S9.00 per day expenses while in the performance of his duty. This custom has prevailed during the tenure of office of the present chairman, Mr. Barnett. \Vhile the statutory provisions in this connection are somewhat indefinite, this committee is of the opinion that the chairman of the board is not entitled to subsistence charges while in Atlanta, Georgia. Subsistence charges were allowed the chairman while in Atlanta on the basis of an opinion of the Attorney-General that the same were authorized by statute. We call this situation to the General Assembly for correction and clarification.
Chairman Tate did not draw any subsistence charges until he was ready to retire from office. His attention was called to the fact by other members of the board that he was entitled to subsistence charges, and he calculated that he had incurred expenses while in Atlanta of about S1,620.00. According to the testimony of Colonel Tate, his successor, Captain Barnett, did not like the style of car Mr. Tate
1294
JouRNAL oF THE HousE,
used and had at that time; to-wit, a Lincoln roadster. Some effort was made to trade this car in on a five-passenger car, the type desired by Captain Barnett. Less than $1,500.00 was offered as a trade-in value on a new car. Thereupon an agreement was reached by a resolution entered upon the minutes of the board that Colonel Tate should receive this Lincoln roadster in lieu of the expense account declared to have been due him by the Highway Board.
Office Buildmg. Some criticism has been directed against the Highway Department on account of the purchase of a site and erection of an office building for the Highway Department. For this Act, the Highway Board had the favorable opinion of the Attorney-General, dated July 25, 1930, and an opinion of Hon. Thomas J. Shackelford, attorney-at-law, of Athens, Georgia. This act also had the approval of the then Governor. In this connection, your committee makes no further comment.
New Equipment. Some comment has been made generally about the amount of new equipment purchased for the new office building of the Highway Board. Rumors had it that more than two hundred and fifty thousand dollars were spent for new equipment. According to the testimony of Captain Barnett, $8,747.29 was spent for new equipment, which consisted chiefly of laboratory equipment, including a testing machine for testing the tensile and strength of material.
2. Secretary of State Motor Vehicle Department. According to the audit of this department by the State Auditor, dated June 27, 1931, the Commissioner of Vehicles' books showed a balance of twenty-six thousand dollars due from the Irwinton Bank. The certificate from the cashier of this bank showed a balance of $14,738.87, a difference of $11,271.13. The balance of twenty-six thousand dollars is stated as a joint debt of the Irwinton Bank and George H. Carswell on June 27, 1931. The amount was deposited in the Fulton National Bank of Atlanta in July as follows:
MoNDAY, AuousT 17, 1931.
1295
July 9, $11,000.00; July 14, $5,000.00; July 23, $3,000.00; July 25, $5,000.00. In the First National Bank of Atlanta: July 28, $2,000.00. On the 29th of July (the date of his report) the whole sum was paid into the State Treasury, thus clearing the twenty-six thousand dollar item. Your committee has found that between August 7, the date of the first meeting of your committee, and August 10, interest on this item was paid into the treasury. The twenty-six thousand dollar item, according to the testimony of Mr. Carswell, was deposited in the Irwinton Bank at different times, beginning in March, 1931. The Act of the General Assembly, Georgia Laws, 1919, Page 259, Section 20, provides that the full amount of the fees collected under this Act shall be turned into the State Treasury by the Secretary of State within thirty days after collection. According to the auditor's report above referred to, and the admission on the part of Mr. Carswell, this provision of the law was not complied with and the twenty-six thousand dollars was withheld from the Treasury for a longer period than authorized by the Statute above referred to. While the State lost no money on this deal, your committee condemns this practice.
3. Agricultural Department. Your committee examined Mr. Eugene Talmadge, Commissioner of Agriculture, in detail. A committee from the Senate, under Senate Resolution No. 46, investigated the Department of Agriculture and submitted a report to the Senate. In this report the Senate Committee charged Mr. Talmadge with six separate and distinct violations of the law. Reference to the Senate report is hereby made and copy of same attached hereto for reference. According to the testimony of Senator W. H. Duckworth, Mr. Talmadge admitted all the facts on which the conclusions of the Senate Committee were based. Mr. Talmadge admitted to Mr. Duckworth that he failed to deposit with the State Treasurer fourteen thousand dollars derived from the sale of fertilizer tags, which was credited to the State Bureau of Markets and checked out without having gone into the State Treasury.
1296
JouRNAL OF THE HousE,
Mr. Talmadge admitted that he paid approximately ten thousand dollars to purchasers of hogs on their claims of shortages in weights and grades. Mr. Talmadge also admitted that he paid said claims without any signed warrant of the Governor therefor. Mr. Talmadge also admitted that he guaranteed the freight on various watermelon shipments, and paid the State money to cover losses therefrom. According to audit of the Department by the State Auditor, Mr. Talmadge charged in his personal expense account railroad fare and at the same time in a different place was charging for gasoline for his automobile. According to an audit of this department for the year ending December 31, 1930, page one, we find the following comment by the State Auditor: "It was also noted that fertilizer funds were not paid into the Treasury promptly as required by law, and in one bank an average daily balance of $9,850.65 was maintained for 329 days." In this connection Mr. Talmadge testified that this deposit was maintained in a bank at Ailey, Georgia. We condemn this practice as being in violation of Law. The President of the Bank at Ailey, the committee finds, was a first cousin of the deceased husband of Mrs. Talmadge. The bank has a capital stock of twenty-five thousand dollars. The committee finds that the funds derived from the sale of fertilizer tags which should have been paid into the State Treasury were transferred to the Bureau of Markets and was paid out without warrant on account of losses sustained in connection with the purchase of hogs, poultry, and watermelons freight bond guarantees. The Commissioner of Agriculture contended to your committee that this action was approved by an opinion of the Attorney-General. With an opinion of the Attorney-General to the contrary notwithstanding, your committee is of the opinion that under the provisions of an Act of the General Assembly approved August 21, 1917, Georgia Laws, 1917, Page 77, the Commissioner of Agriculture nor the Bureau of Markets had the authority to engage in the purchase and sale of hogs and poultry and did not
MoNDAY, AuGUST 17, 1931.
1297
have authority to guarantee freight bond for any shipper. In the Act last referred to, Section 3, Subsection (g), we find the following limitation upon the authority of the Department of Agriculture and the Market Bureau, as follows:
"Investigate delays, embargoes, conditions, practices, charges, and rates in the transportation and handling of all such agricultural products, and when the same may be warranted in his opinion may cause such proceedings to be instituted before the proper authority or other tribunals as may be necessary to improve and adjust the same when he shall deem it advisable, may cause to be instituted proper proceedings to prevent unlawful combinations or agreements in restraint of trade, or fixing prices, provided that all costs incurred under this paragraph shall be paid from the funds hereby appropriated and no one under this Act has authority to create any further liability against the State, the Department of Agriculture or Market Bureau, established by this Act."
In view of the fact that the $14,136.68 was paid out without authority of law, your committee recommends that the Governor be authorized and empowered to employ counsel and institute and prosecute such suits as may be necessary against the Commissioner of Agriculture and the surety on his bond, the amount so paid out by the Commissioner of Agriculture without authority or warrant of law.
Your committee further finds that John A. Peterson, a stepson of l\1r. Eugene Talmadge, now twenty-four or twenty-five years old, had been in the employ of the Department of Agriculture since Mr. Talmadge took office, at a salary of originally $150 a month. Later this salary was raised to S200 per month by the Commissioner of Agriculture, on condition that fifty dollars per month be turned over by the said John A. Peterson to Mrs. Eugene Talmadge, ostensibly for the purpose of saving this amount for the account of the said John A. Peterson. Your com-
1298
JouRNAL OF THE HousE,
mittee IS not satisfied with the complexion of this item, and if it should be determined that the increase in this salary as a matter of fact really increased the salary of the Commissioner of Agriculture, proper suit should be brought to recover the amounts paid to John A. Peterson on the assumption of the increased salary of $50 a month. Your committee further finds that since January 1, 1931, the said John A. Peterson's salary has been increased to S225 a month no strings having been placed upon this S25 a month increase in favor of Mrs. Eugene Talmadge.
4. State Entorrologist. Your committee finds that the State Entomologist has been receiving a salary for sometime the sum of $3,600.00 per annum. By an Act of th.e General Assembly of 1911, Acts of 1911, Page 43, the salary of the State Entomologist was increased from two thousand dollars to' three thousand dollars per annum. By an Act of the General Assembly of 1916, Acts of 1916, Page 41, the State Entomologist was made Secretary for the Board of Entomology, and the duties of the Secretary of the board were imposed upon the State Entomologist without any increase in salary. The payment of the additional six hundred dollars per annum salary to the State Entomologist as Secretary of the Board of Entomology was approved by an opinion of the Attorney-General under date of December 14, 1929. Your committee recommends that the further payments of this additional $50 a month to the State Entomologist as Secretary of the Board of Entomologists be discontinued, as it is without authority of law, and we further recommend that the Governor refuse to issue future warrants in payment of this sum.
Attorney-General. Your committee finds that a number of unlawful practices have been committed by the various departments under investigation under opinions from the attorney-general based upon "custom and practice" rather than the law involved in the various matters submitted to him for opinion, and your committee recommends that the opinions of the attorney-general be based upon the
MoNDAY, AuGuST 17, 1931.
1299
law with reference to the various matters referred to him rather than "custom and practice." Mr. Lanier of Richmond concurs in findings of facts herein and recommendations but files additional recommendations.
Respectfully submitted,
NELSON of Cook, Chairman,
McGEHEE of Talbot,
MYRICK of Chatham,
CuLPEPPER of Fayette,
Mr. Hatcher of Johnson moved to postpone further consideration of the Committee Report until Friday of this week.
Mr. Walker of Ben Hill moved to table the report of the Committee.
Mr. Lance of Hall moved that the report be adopted.
The motion to table was lost.
The motion to postpone was lost.
Mr. Dykes of Dooly moved that the House do now adjourn, and the motion was lost.
On the motion to adopt the report of the committee, Mr. Lindsay of DeKalb moved the previous question, and the motion prevailed.
Mr. Stewart of Coffee moved that the House reconsider its action in ordering the previous question.
On the motion to reconsider, the ayes were 49, nays 78, and the motion was lost.
The main question was ordered.
On the motion to adopt the majority report of the committee, the ayes were 114, nays 31, and the motion prevailed.
1300
JouRNAL OF THE HousE,
Mr. Leathers of DeKalb moved that the House reconsider its action in adopting the majority report of the committee, and the motion was lost.
The following Minority Report was read:
Mr. Speaker:
Mr. Lanier of Richmond, one of your committee appointed under House Resolution No. 84, finds that as to the recommendations made by your committee that he is of the opinion the recommendations do not go far enough. However, he wishes to concur in the finding of the facts as recited by the committee, and to concur in the recommendations made by the committee, but desires to further recommend:
First. In connection with the Highway Department he finds that the $9.00 per day expenses drawn by Mr. Tate, which in his testimony aggregated $1,620.00, but which was paid by accepting a State automobile in lieu thereof, were unauthorized by law, and in this connection states that it is his opinion that Mr. Tate should be requested by the Governor to repay this sum of S1,620.00, as he accepted the automobile as being of that value. Reference is made in this connection to page 2 of the committee's report. In the event l\1r. Tate, upon request of the Governor, does not repay this $1,620.00, that the Governor should employ counsel to recover the $1,620.00; that this House should legalize this request by resolution, placing such authority and request with the Governor for such action. It is my opinion, however, that Mr. Tate accepted this money in good faith. However, he relied on the statements of other members of the board that he was entitled to such $9.00 per day, and on other facts as stated in the committee's report, and the committee's opinion and my opinion is that the payment of the $1,620.00 was unlawful. I must make the above recommendations, especially in the light of the fact that the expense account of Mr. Tate was not submitted from month to
MoNDAY, AucusT 17, 1931.
1301
month, and no itemized statement thereof submitted, and I believe it the purpose and spirit of the law that wherever a State employee is drawing a monthly salary, that his expense accounts should likewise be drawn monthly, without it is specifically provided by law to the contrary.
I wish to say in connection with Captain Barnett that as the law makes the Chairman of the Highway Board a full time employee, that when Captain Barnett during his employment as such chairman, and drew pay at S700.00 per month therefor from the State, accepted $350.00 a month for three months from the City of Athens for work done for that city, that he unlawfully drew his pay from the State for three months; that he likewise drew money from the City of Athens, and that it being statutory that his employment as Chairman of the Highway Board should be full time, the statute should be strictly construed; that, therefore, he should at least be required and requested by the Governor to pay back to the State of Georgia the $350.00 per month for three months; that in the event he should refuse to pay back the $350.00 for three months, that then in that event the Governor should appoint counsel to proceed against Captain Barnett to recover the entire salary that he drew from the State of Georgia for three months, the period of time he was likewise employed by the City of Athens. In this connection I wish to state, however, that I believe Captain Barnett had no intention of violating the law, and did not know that he was violating the law. Nevertheless, the law has been violated and he now should be required to right matters.
As to the Secretary of State I am of the opm10n that the facts as set out on page 3 of your committee's report constitute such conduct on the part of Mr. George H. Carswell that it amounted to a misappropriation of funds and a shortage in his accounts, and constitutes a misdemeanor and/or felony. In my opinion the courts of this State should take notice of this finding of the committee as
1302
JouRNAL OF THE HousE,
outlined in this report on page 3, and further action should be taken.
As to the Agricultural Department I believe the conduct of Mr. Eugene Talmadge, Commissioner of Agriculture, as outlined in your committee's report on pages 4, 5, and 6, and in the testimony of the Commissioner, which is likewise turned in with the committee's report, and in the Senate findings, which are made a part of the committee's report, show a misapplication of State funds amounting to a misdemeanor and/or felony, a violation of the law in issuing vouchers and warrants without the signature of the Governor approving the same, which vouchers were paid, and also a misappropriation of State funds in making three trips to the Kentucky Derby, a misappropriation of funds in making a trip to Magnolia Gardens on State funds, a misappropriation of funds in connection with his hog, poultry, and watermelon deals, and freight bond guarantees, that there appears to my mind many conflicting expense items of the Commissioner of Agriculture which he has entirely failed to explain satisfactorily, and which, according to the record, are irreconcilable; that there has been a hiking and juggling by the Commissioner of Agriculture of State funds in an effort of favoritism and probably in an effort to raise or supplement his own salary, according to the facts as they present themselves to my mind in connection with the Commissioner's stepson, John A. Peterson, that upon the findings in reference to the Commissioner of Agriculture as a whole. I am forced to conclude that Commissioner Talmadge has violated the law in many instances as above stated, and is violating several criminal statutes of this State, and in fact in the Commissioner's enthusiasm and zealousness to expand the activity of his Department, has wilfully and recklessly disregarded the laws prescribed to limit his activity, and has in fact violated the public policy of the State, and on his own motion placed this State in business. Though I regret very much to have to make the following findings and recommendations, I find no
MoNDAY, AucusT 17, 1931.
1303
excuse for not saying that I think this General Assembly should forthwith take further action against the Commissioner of Agriculture and to my mind his misconduct justifies impeachment.
In connection with the State Entomologist I believe that the increase in salary paid the Entomologist is unlawful, and the Governor should be authorized and requested to ask for the return of this increase in salary to the State, and upon such request, should the State Entomologist fail or refuse to repay such amount in the State Treasury, then the Governor should be authorized by resolution of this House, and requested to appoint counsel to bring suit to recover such amounts as have been unlawfully paid to the State Entomologist.
Respectfully submitted,
LANIER of Richmond.
On the adoption of the Minority Report, the ayes were 22, nays 97, and the Minority Report was not adopted.
The following resolution of the House was read and adopted:
A RESOLUTION
By Messrs. Tucker of Berrien and Nelson of Cook-
Whereas, the mother of Hon. Warren R. Mixon departed this life this afternoon.
Therefore, be it resolved that this body extend to him its sincere sympathy on account of his supreme loss.
Mr. Crowe of Worth 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.
1304
JouRNAL OF THE HousE,
REPRESENTATIVE HALL, ATLANTA, GA.
TuEsDAY, AucusT 18, 1931.
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 Allen Almand Andrews Arnold Arrington Ashley Atwood Awtrey Bargeron Barrett Battle Beaman Bean Beasley Bennett of Bacon Bennett of Jeff Davis Bland Brannen Brown Brunson Bunn Burton Bush Cain Cannon Carlisle of Bibb Carlisle of Grady Cartledge Chalker
Chambers Childs Clark Clements o:t Marion Clements ot Telfair Cochian Collier Colson Courson Cowart Cozart Crawford Crowe Cullens Culpepper of Echols Culpepper of Fayette Davis of Floyd Davis of Jackson Davis of Mitchell Davis of Troup Dixon Donaldson Dorsett Duncan Eckford Edmondson Edwards of Gilmer Edwards of Stephens Elliott Evans Fagan
Franklin Fraser Freeman Gary Gillen Graham Grayson Green Greer Griffeth Griffin of Decatur Griffin of Wilkes Gullatt Hampton Hardin Harris Harrison of Camden Harrison of Jenkins Hatcher Hawes Hodges Holt Horne Howard of Chatt'h'chee Howard of Long Hubbard of Habersham Hubbard of Wilkinson Huddleston Hutcheson Hyman
Irvin
TuEsDAY, AucusT 18, 1931.
1305
James
Montgomery
Johnson of MontgomeryMooty
Johnson of Pike
Morris
Johnson of Seminole Moye
Johnston
Mundy
Jones of Burke
Musgrove
Jones of Lumpkin Myrick
Jones of Paulding Nelson of Cook
Kennedy
Nelson of Laurens
Key
Oliver
Killebrew
Osteen
Kimbrough
Pace
Kimsey
Parham
King of Clay
Park
King of Newton
Patten
Lance
Paulk
Lanham
Peebles
Lanier
Phillips
Leathers
Pittard
Lester
Pope
Lewis of Gordon
Powell
Lewis ot Hancock
Preston
Lindsay
Purdy
Logan
Purvis
Lord
Rabun
McElreath
Rivers
McGehee
Roberts
McKoy
Robertson
McLeod
Ross of Appling
McRae
Ross of Dodge
McWhorter
Rosser
Mallard
Sammon
Mardre
Scarbrough
Mattox
Seckinger
Mercer
Sharpe
Meredith
Shirley
Mixon
Simmons
Sims Sisk Skelton Spivey Stanton Stewart Still Stone Strickland of Douglas Strickland of Haralson Sutton Swain Tate Taylor Thomas Thomason Thompson Tippins Townsend Trapnell Trotter Turner Waldrop Walker of Ben Hill Walker of Brooks Walker of Morgan Walker of Screven Wall Weeks Westbrook Whittle Wilkes Williams Wilson Wood Yawn Mr. Speaker
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the reqms1te constitutional majority the following bills and resolution of the Senate> to-wit:
1306
JouRNAL OF THE HousE,
By Mr. Harris of the 18th District-
Senate Resolution No. 60. A resolution to amend Constitution to authorize abolishing Justice Courts of Richmond County.
By Mr. McWhorter of the 50th District-
Senate Bill No. 60. A bill to amend an Act known as "The Georgia Motor Vehicle Law" and other Acts amendatory thereof.
By Mr. Duckworth of the 7th District-
Senate Bill No. 132. A bill to amend the Constitution as to what shall constitute the first term in the Supreme Court and Court of Appeals.
By Messrs. Hand of the 8th District and West of the 11th District-
Senate Bill No. 166. A bill to amend an Act providing a Georgia System of State Roads.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate insists on its amendments to the following bill of the House, to-wit:
By Messrs. Huddleston of Meriwether, Crowe of Worth, and others-
House Bill No. 194. Known as the General Reorganization Bill.
The Senate has disagreed to the House amendment to the Senate amendment No. 4 to the following bill of the House, to-wit:
TuEsDAY, AuGusT 18, 1931.
1307
By Mr. Culpepper of Fayette-
House Bill No. 147. Known as the General Appropriations bill.
The Senate insists on all of its amendments to said bill.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the req ms1te constitutional majority the following bills of the House, to-wit:
By Mr. Howard of Chattahoochee-
House Bill No. 65. A bill to amend an Act to reorganize and reconstitute the State Highway Department.
By Messrs. Alexander, Grayson, and Myrick of Chatham-
House Bill No. 409. A bill to amend the several Acts incorporating the Mayor and Councilmen of the Town of Tybee.
By Mr. Key of Jasper-
House Bill No. 510. A bill to repeal an Act incorporating the Town of Hillsboro.
By Mr. Patten of Lanier-
Hause Bill No. 604. A bill to repeal an Act creating Board of Commissioners of Roads and Revenues for the County of Lanier.
By Mr. Clements of Telfair-
Hause Bill No. 610. A bill to repeal an Act creating a Board of Commissioners of Roads and Revenues for the County of Telfair.
1308
JouRNAL oF THE HousE,
By Mr. Clements of Telfair-
Hause bill No. 611. A bill to provide for the office of Commissioner of Roads and Revenues of Telfair County.
By Mr. Clements of Telfair-
Hause Bill No. 612. A bill to amend the charter of the Town of Lumber City.
The Senate has also passed as amended by the requisite constitutional majority the following bill of the House, to-wit:
By .Messrs. Davis and Lord of Jackson-
House Bill No. 424. A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for Jackson County.
The Senate has also passed by the reqmstte constitutional majority the following bill of the House, to-wit:
By Mr. Cochran of Thomas-
House Bill No. 54. A bil: to provide for an exemption of $15.00 per week to retired and pensioned employees from process of garnishment.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the reqmslte constitutional majority the following bills of the Senate, to-wit:
B'y Mr. Evans of the 19th District-
Senate Bill No. 90. A bill to be entitled an Act prohibiting Life Insurance Companies, Industrial Life Insurance Companies, Burial Associations, Fraternal Or-
TuEsDAY, AucusT 18, 1931.
1309
ganizations from agreeing to settle or settling losses under its contracts or certificates by delivering merchandise or rendering services, and providing a penalty for the violation thereof, and for other purposes.
By Mr. Reagan of the 35th District-
Senate Bill No. 129. A bill to amend the Constitution relating to the number of Senators and Senatorial Districts.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The President has appointed as a Conference Committee on the part of the Senate to confer with a like committee on the part of the House to consider amendments to House Bill No. 147, known as The General Appropriations Bill, the following Senators:
Messrs. Dekle of the 6th District,
Ennis of the 20th District,
Hand of the 8th District.
The President has appointed as a Conference Committee on the part of the Senate to confer with a like committee on the part of the House to consider amendments to House Bill No. 194, known as The General Reorganization Bill, the following Senators:
Messrs. Peterson of the 15th District,
Bennett of the 5th District,
Neisler of the 23rd District.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
1310
JouRNAL OF THE HousE,
Mr. Speaker:
The Senate has disagreed to the House amendments to the following bill of the Senate, to-wit:
By Messrs. Bennett of the 5th District and Davis of the 31st District-
Senate Bill No. 92. A bill to reapportion the several Congressional Districts of this State.
The Senate respectfully requests the appointment of a Conference Committee on the part of the House to confer with a like committee on the part of the Senate to consider the items embraced in the amendments adopted by the House and disagreed to by the Senate.
The President has appointed as a Conference Committee on the part of the Senate to consider the amendments to the above bill:
Messrs. Ennis of the 20th District,
McWhorter of the 50th District,
Harris of the 18th District.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the reqms1te constitutional majority the following bills and resolution of the Senate, to-wit:
By Messrs. McWhorter of the 50th District, Jackson of the 14th District, and others-
Senate Bill No. 41. A bill to create a State Board of Examiners for Con tractors.
By Messrs. Weekes of the 34th District, Fowler of the 39th District, and others-
TuEsDAY, AuGusT 18, 1931.
1311
Senate Resolution No. 61. A resolution naming the official bird of the State of Georgia.
By Mr. Reagan of the 35th District-
Senate Bill No. 173. A bill to authorize county boards of commissioners in certain counties to supplement the funds of independent Boards of Education, provided that such funds are not derived from taxation.
Mr. Hardin of Whitfield, 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. Nelson of Cook, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker: Your committee on rules, having had under considera-
tion the calendar of the day, has fixed the following order: Senate Resolution No. 43. Code Bill. House Resolution No. 63-448a. Payment o.f Expenses
of Reorganization Committee. House Bill No. 313. Confederate Soldiers' Pension Bill. House Bill No. 196. The Milk Bill. House Bill No. 356. Pure Seed Bill. House Bill No. 558. Motor Vehicle Tax Act. House Resolution No. 100. Rewrite School Laws. House Bill No. 49. Burgin Bill. House Bill No. 364. Tax Assessors Bill.
1312
JouRNAL OF THE HousE,
House Bill No. 577. Amend Civil Code Relative to School Superintendents.
House Bill No. 200. An Act Amending the School Code.
House Resolution No. 98-629a. Provide Commission to Purchase Hearn Academy Property.
House Bill No. 429. Budget Bill.
House Bill No. 633. Letting Highway Contracts to the Lowest Bidders.
House Bill No. 352. The Drug Bill.
House Bill No. 235. The Municipal Bill.
House Bill No. 269. Provide Special Verdicts in Special Cases.
House Bill No. 594. Provide Physical Examination of Teachers.
House Bill No. 79. Abolishing the County Commissioners of Fulton County.
House Bill No. 80. Creating Board of Commissioners for Fulton County.
House Bill No. 78. Consolidating the Offices of Tax Receiver and Tax Collector of Fulton County.
House Bill No. 142. Budget Bill for Fulton County. Respectfully submitted,
NELSON of Cook,
Vice-Chairman.
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.
TUESDAY, AUGUST 18, 1931.
1313
2. Reports of Standing Commitees.
3. Reading of House and Senate bills and resolutions, favorably reported, the second time.
4. Passage of uncontested local House and Senate hills and resolutions.
The following resolution of the House was read and adopted:
By Messrs. Mardre of Thomas and Johnson of Cherokee-
House Resolution No. 109. A resolution authorizing a special committee to be appointed by the Speaker to visit the Old Soldiers' Home, to inquire into its methods and system of operation, and for other purposes.
The Speaker appointed, under the provisions of House Resolution No. 109, as a committee on the part of the House, the following members of the House, to-wit:
Messrs. Mardre of Thomas,
Bennett of Bacon,
Mallard of Char ton.
By unanimous consent, House Bill No. 399 was recommitted to the Committee on Public Highways.
At the request of Mr. Davis of Mitchell, the Chairman of the Committee on Ways and Means, the following bills of the House were placed on the calendar for the purpose of disagreeing to the report of the committee which was unfavorable to their passage: House Bills Nos. 517, 489, 400, 359, 291, 287, 266, 186, and 63.
Mr. Harrison of Jenkins moved to take House Bill No. 531 from the table.
On the motion to take from the table, Mr. Beaman of DeKalb moved the ayes and nays, and the call was sustained.
1314
JouRNAL OF THE HousE,
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Arnold Arrington Ashley Bargeron Bennet't of Bacon Brown Carlisle of Bibb Chambers Courson Cowart Cozart Culpepper of Echols Davis of Jackson Dorsett Evans Fagan Freeman Gary Graham Griffeth Griffin of Decatur
Hardin
Myrick
Harris
Osteen
Harrison of Camden Park
Harrison of Jenkins Preston
Horne
Purdy
Hubbard of HabershamPurvis
Hyman
Ross of Appling
James
Seckinger
Jones of Burke
Sharpe
Jones of Paulding Spivey
Kimsey
Sutton
King of Clay
Swain
King of Newton
Taylor
Lance
Townsend
Lanier
Turner
Lewis of Gordon
Walker of Ben Hlll
McWhorter
Walker of Morgan
Malla-rd
Walker of Screven
Mercer
Westbrook
Montgomery
Williams
Moye
Yawn
Mundy
Those voting in the negative were Messrs.:
Alexander Allen Almand Atwood Awtrey Barrett Battle Beaman Bean Beasley Bennett of Jeff Davis Bland Brannen Brunson Bunn Burton
Bush Cannon Carlisle of Grady Cartledge Chalker Clark Clements of Marion Cochran Collier Colson Crawford Crowe Culpepper of Fayette Davis of Floyd Davis of Troup Dixon
Donaldson Duncan Eckford Edwards of Stephens Elliott Franklin Fraser Gillen Grayson Green Griffin of Wilkes Gullatt Hampton Hatcher Hawes Holt
TuEsDAY, AucusT 18, 1931.
1315
Howard of Chatt'h'cheeMardre
Howard of Long
Mattox
Hubbard of Wilkinson Meredith
Huddleston
Mooty
Hutcheson
Morris
IrVin
Musgrove
Johnson of MontgomeryNelson of Cook
Johnson of Pike
Oliver
Johnson of Seminole Pace
Johnston
Parham
Jones of Lumpkin Paulk
Kennedy
Peebles
Key
Phillips
Lanham
Pittard
Leathers
Pope
Lester
Powell
Lewis of Hancock
Rabun
Lindsay
Rivers
McElreath
Roberts
McGehee
Ross of Dodge
ldclroy
Rosser
ldcLeod
Sanunon
McRae
Scarbrough
Shirley Simmons Sims Sisk Skelton
St~ton
Stewart Stili Stone Strickland of Douglas Tate Thomas Thomoson Thompson Tippins Trapnell Trotter Waldrop Walker of Brooks Weeks Whittle Wilson
Those not voting were Messrs.:
Andrews Cain Childs Clements of Telfair Cullens Davis of Mitchell Dykes Edmondson Edwards of Gilmer
Edwatds of Lowndes Greer Hodges lrillebrew Kimbrough Logan Lord Maynard Mixon
Nelson of Laurens Patten Robertson Strickland of Haralson Wall Wilkes Wood Mr. Speaker
By unanimous consent, the verification of the roll call was dispensed with.
On the motion to take House Bill No. 531 from the table, the ayes were 65, nays 116, and the motion was lost.
The following resolution of the House was read and adopted:
By Messrs. James of Jones, Bland of Stewart, Mardre of Thomas, and Johnston of Cherokee-
1316
JouRNAL OF THE HousE,
House Resolution No. 110. A resolution authorizing the President of the Senate and the Speaker of the House to appoint committees to investigate the A. & M. Schools and to make a report at the next regular meeting of the General Assemb!y.
Mr. McRae of Fulton moved that when the House adjourn today, it stand adjourned until 7;30 P. M., at which time it would convene for the purpose of considering the Fulton County Bills set on the calendar by the Rules Committee.
On the motion, Mr. Spivey of Emanuel moved the previous question.
The motion prevailed, and the main question was ordered.
Mr. Gullatt of Campbell called for a division of the motion made by the gentleman from Fulton, Mr. McRae.
On the 1st division of the motion, relative to the night session, the ayes were 76, nays 64, and the first division of the motion was adopted.
On the second division of the motion, relative to amending the calendar, Mr. McRae of Fulton moved the ayes and nays, and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Allen Almand Arrington Atwood Bargeron Bean Bennett of Bacon Bennett of Jeff Davis Brunson Bunn Burton
Bush Carlisle of Bibb Carlisle of Grady Clements of Telfair Collier Cozart Culpepper of Fayette Davis of Jackson Davis of Mitchell Dixon Donaldson Dorsett Duncan
Eckford Elliott Evans Fagan Fraser Freeman Gary Graham Green Griffeth Griffin of Wilkes Hampton Hardin
TuEsDAY, AucusT 18, 1931.
131'
Harris
McGehee
Harrison of .Jenkins McRae
Hatcher
Mattox
Hawes
Mercer
Hodges
Montgomery
Holt
Mooty
Horne
Morris
Howard of Long
Moye
Hubbard of Wilkinson Mundy
Huddleston
Musgrove
.Johnson of Pike
Osteen
.Johnson of Seminole Park
Jones of Burke
Phillips
.Jones of Lumpkin Powell
Jones of Paulding Preston
Kimsey
Rabun
King of Clay
Roberts
Lanham
Ross of Appling
Lanier
Scarbrough
Leathers
Sharpe
Lord
Simmons
McElreath
Sims
Sisk Spivey Stanton Stone Strickland of Douglas St'riCkl.and of Haralson Sutton Swain Taylor Thompson Trapnell Trotter Waldrop Walker of Brooks Walker of Morgan Walker of Screven Wall Weeks Westbrook Williams Wilson Yawn
Those voting in the negative were Messrs.:
AshleY
Hutcheson
Paulk
Awtrey
.James
Peebles
Beasley
.Johnson of MontgomerYPittard
Brannen
Johnston
Purvis
Brown
Kennedy
Rivers
Cartledge
Key
Robertson
Clark
Kimbrough
Ross of Dodge
Clements of Marion King of Newton
Rosser
Cochran
Lester
Sammon
Colson
Lewis of Hancock
Seckinger
Courson
Lindsay
Shirley
Cowart
McKoy
Still
Crawford
McLeod
Tate
Crowe
McWhorter
Thomas
Culpepper of Echols Mardre
Thomason
Davis of Floyd
Maynard
Townsend
Edwards of Stephens Meredith
Turner
Franklin
Oliver
Walker of Ben Rill
Griffin of Decatur Pace
Whittle
Gullatt
Parham
Wilkes
Hubbard of HabershamPatten
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JouRNAL oF THE HousE,
Those not voting were Messrs.:
Andrews Arnold Barrett Battle Beaman Bland Cain Cannon Chalker Chambers Childs Cullens Davis of Troup Dykes
Edmondson
Logan
Edwards of Gilmer Mallard
Edwards of Lowndes Mixon
Gillen
Myrick
Gra~,yson
Nelson of Cook
Greer
Nelson of Laurens
Harrison of Camden Pope
Howard of Chatt'h'cheePurdy
Hyman
Skelton
Irvin
Stewart
Killebrew
Tippins
Lance
Wood
Lewis of Gordon
Mr. Speaker
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the second division of the motion of the gentleman from Fulton, Mr. McRae, the ayes were 105, nays 62, and the second division of the motion was adopted.
Mr. Lindsay of DeKalb moved that the House reconsider its action in adopting the motion of the gentleman from Fulton, Mr. McRae, and the motion was lost.
By unanimous consent, the following bill of the House was taken up for the purpose of considering the Senate amendment thereto:
By Messrs. Davis and Lord of Jackson-
House Bill No. 424. A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Jackson County, and for other purposes.
The Senate moves to amend House Bill No. 424 by striking the words and figures of fifteen hundred dollars wherever they may appear both in the caption and body of said bill, and inserting in lieu therefor the words and figures of twelve hundred dollars.
TuEsDAY, AucusT 18, 1931.
1319
The amendment was agreed to. The following resolution of the House was read and lost:
By Mr. Beaman of DeKalbHouse Resolution No. 111.
A RESOLUTION.
Whereas, 5,000 registered voters of DeKalb County have petitioned for the right to vote on the question of merging with Fulton County and House Bill No. 452 was introduced in accordance therewith and has been contested by Lindsay and Leathers of DeKalb,
Therefore, be it resolved, that this contested bill be placed on the calendar as the first order of tonight's business.
By unanimous consent, the following bill and resolution of the House were read the first time and referred to the committees:
By Mr. Fagan of PeachHouse Resolution No. 108-641a. A resolution for the
relief of H. F. Holland as surety, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Messrs. Lindsay of DeKalb and Eckford of FultonHouse Bill No. 642. A bill to amend an Act establish-
ing a new charter for the City of Atlanta, and for other purposes.
Referred to Committee on Municipal Government. The Committee of the House on Academy of Blind submitted the following report: We, the Committee on Academy of Blind have made careful investigation and personal inspection of this in-
1320
JouRNAL OF THE HousE,
stitution, and find that it is operating very efficiently within the appropriation made thereto. The building is in need of some repairs which we feel that can be taken care of with the suggested appropriation provided the balance on appropriation due them from past years be paid promptly.
We would recommend that, unless past due appropriation can be paid this year, an additional amount of $1500 be appropriated for needed repairs on buildings.
Respectfully submitted,
HARRIS of Terrell,
Chairman.
Mr. Hubbard of Wilkinson, Chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker:
Your Committee on Enrollment has examined, found properly enrolled, signed, and ready for delivery to the Governor, the following Acts, to-wit:
House Bill No. 628. An Act to amend the charter of the City of Macon.
House Bill No. 469. An Act to amend an Act creating a DeKalb Division of the Municipal Court of Atlanta.
Respectfully submitted,
HuBBARD of Wilkinson,
Chairman.
Mr. Lewis of Hancock 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
TUESDAY, AUGUST 18, 1931.
1321
under consideration the following bill and resolution of the Senate and House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
Senate Bill No. 160 do pass by substitute.
House Resolution No. 104-638a do pass.
Respectfully submitted,
LEWIS of Hancock,
Chairman.
Mr. Bland of Stewart County, Chairman of the Com!l1ittee on Georgia State Sanitarium, submitted the followmg report:
Mr. Speaker:
Your Committee on Georgia State Sanitarium 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:
House Bill No. 532 do not pass.
Respectfully submitted,
BLAND of Stewart,
Chairman.
Mr. Trotter of Taliaferro County, Chairman of the Committee on Municipal Government has submitted the following report:
Mr. Speaker:
Your Committee on Municipal Government has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the House with the recommendation that:
1322
JouRNAL oF THE HousE,
House Bill No. 631 do pass. House Bill No. 640 do pass. House Bill No. 639 do pass. House Bill No. 641 do pass. Senate Bill No. 154 do pass. Senate Bill No. 164 do pass.
Respectfully submitted, TRoTTER of Taliaferro, Chairman.
Mr. Crawford of Floyd 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 bills of the House and Senate and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 397 do pass.
Senate Bill No. 120 do pass.
Senate Bill No. 142 do pass.
Respectfully submitted,
CRAWFORD of Floyd,
Chairman.
Mr. Davis of Mitchell County, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker: Your Committee on Ways and Means has had under
TuEsDAY, AucusT 18, 1931.
1323
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:
House Bill No. 63 do not pass.
House Bill No. 186 do not pass.
House Bill No. 266 do not pass.
House Bill No. 287 do not pass.
House Bill No. 291 do not pass.
House Bill No. 359 do not pass.
House Bill No. 400 do not pass.
House Bill No. 489 do not pass.
House Bill No. 517 do not pass.
House Bill No. 608 do not pass.
However, in order that the bills listed above may be kept available for further consideration by the House in case such action becomes necessary, your chairman has filed with each of said bills except House Bill No. 608 a minority report signed by himself and Trapnell of Candler, in which it is recommended that said hills do pass.
Respectfully submitted,
DAVIS of Mitchell,
Chairman.
By unanimous consent, the following bills and resolution of the House, favorably reported, were read the second time:
By Messrs. Griffin and Cozart of Wilkes-
House Bill No. 397. A bill to amend the Code providing for the assessment of county taxes, and for other purposes.
1324
JouRNAL or THE HousE,
By Mr. Clements of Telfair-
Hause Bill No. 631. A bill to provide for a new charter for the City of Milan, and for other purposes.
By Mr. Lewis of Hancock-
House Bill No. 639. A bill to amend the charter of the City of Sparta, and for other purposes.
By Mr. Mallard of Charlton-
House Bill No. 640. A bill to amend an Act creating a new charter for the City of Folkston, and for other purposes.
By Messrs. Nelson, Brunson, and Graham of Laurens-
House Bill No. 641. A bill to amend an Act creating a new charter for the City of Dublin, and for other purposes.
By Mr. Carlisle of Bibb-
House Resolution No. 104-638a. A resolution to relieve F. B. Lane from bond forfeiture, and for other purposes.
By unanimous consent, the following bills of the Senate, favorably reported, were read the second time:
By Mr. Brock of the 44th District-
Senate Bill No. 120. A bill to abolish an Act abolishing the office of Treasurer for Dade County, and for other purposes.
By Messrs. Reagan of the 35th District and Weekes of the 34th District-
Senate Bill No. 154. A bill to amend an Act authorizing the City of Atlanta to borrow during any one calendar year the sum of one million dollars, and for other purposes.
TUESDAY, AUGUST 18, 1931.
1325
By Mr. Harris of the 18th District-
Senate Bill No. 164. A bill to amend the charter of the City of Louisville, and for other purposes.
By Mr. Neisler of the 23rd District-
Senate Bill No. 160. A bill to amend the Code relating to the security to be given by State depositories, and for other purposes.
By Mr. McWhorter of the 50th District-
Senate Bill No. 142. A bill to amend the Code providing for the compensation of State Fire Inspector, and for other purposes.
By unanimous consent, the following bills of the House were read the third time and placed upon their passage:
By Mr. Howard of Long-
House Bill No. 627. A bill to be entitled an Act to amend an Act establishing a City Court of Ludowici, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Lance and Oliver of Hall-
House Bill No. 637. A bill to be entitled an Act to amend the charter of the Town of Clermont, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, 'was agreed to.
1326
JouRNAL OF THE HousE,
On the passage of the bill, the ayes were 108, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Evans of McDuffie-
Hause Bill No. 638. A bill to be entitled an Act to amend an Act establishing the City Court of Thomson, and for other purposes.
The following Committee substi tu te was read and adopt.ed:
A BILL
An Act to amend an Act entitled "An Act to establish the City Court of Thomson in and for the County of McDuffie; to define its jurisdiction and powers; to provide for the election of the Judge and Solicitor thereof, and define their powers and duties, and provide for their compensation; to provide for a Clerk and Sheriff therefor and prescribe their duties and fees; to provide for pleading and practice and new trials therein and writs of error therefrom, and for other purpose," approved August 14, 1920, and Acts amendatory 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 an Act entitled, "An Act to establish the City Court of Thomson in and for the County of McDuffie; to define its jurisdiction and powers; to provide for the election of the Judge and Solicitor thereof, to define their powers and duties, and provide for their compensation; to provide for a Clerk and Sheriff therefor, and prescribe their duties and fees; to provide for pleading and practice and new trials therein and writs of error therefrom, and for other purposes," approved August 14, 1920, as amended by Acts of 1923, be, and the same is hereby amended by striking the caption of said Act in its entirety,
TUESDAY, AUGUST 18, 1931.
1327
and inserting in lieu thereof a new caption which shall read as follows: "An Act to establish the City Court of Thomson in and for the County of McDuffie; to define its jurisdiction and powers; to provide for the method of procedure therein, and for other purposes."
Sec. 2. Be it further enacted by the authority aforesaid that said Act be, and the same is hereby amended by striking from said Act Section Two in its entirety, and inserting in lieu thereof a new section to be known as Section two, which shall read as follows; "Section 2. Be it further enacted by the authority aforesaid that there shall be no trials by jury in said court in criminal cases until the services of a court stenographer have been secured, to take down 11nd conserve the testimony in such eases; provided, however, that said court stenographer shall not receive less than five dollars per diem or more than ten dollars per diem for such services, to be paid out of the treasury of said county."
See. 3. Be it further enacted by the authority aforesaid that said Act be, and the same is hereby amended by striking from said Act Section Eight in its entirety, and inserting in lieu thereof a new section to be known as Section Eight, which shall read as follows:
"Section 8. Be it further enacted by the authority aforesaid that there shall not be employed for said court during the trial of eases therein at any time, more than four bailiffs, unless it be recommended by the ordinary of said county that more bailiffs be appointed in cases of emergency; provided, however, that said bailiffs shall not receive more than three dollars per diem for their services."
Sec. 4. Be it further enacted by the authority aforesaid that the provisions of this Act shall not take effect until the l&t day of September 1932, at which time said Act shall take effect.
Sec. 5. Be it further enacted by the authority afore-
1328
JouRNAL oF THE HousE,
said 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 by substitute, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The bill having received the requisite constitutional majority was passed by substitute.
By unanimous consent, the following bills of the Senate were read the third tim~ and placed upon their passage:
By Mr. Jones of the 51st District-
Senate Bill No. 157. A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Milton County, and for other purposes.
The following amendments were read and adopted:
Mr. Shirley of Milton moves to amend Senate Bill No. 157, Section 5, by striking the figures $35,000.00 (Thirty Five Thousand Dollars) and inserting in lieu thereof the figures $15,000.00 (Fifteen Thousand Dollars).
Mr. Shirley of Milton moves to amend Senate Bill No. 157 by striking Section 4 in its entirety and substituting therefor the following, which shall be known as Section 4:
Sec. 4. Be it further enacted by the authority aforesaid, that the compensation of said Tax Commissioner shall be as follows: Eight Hundred ($800.00) per annum, payable monthly from the Treasury of Milton County for receiving and collecting taxes for county purposes; and in addition thereto shall receive the commissions allowed by the State for receiving and collecting State taxes, ad valorem and special commissions allowed by law for collection of school taxes and commissions not to exceed (10%) ten per centum for collection of road tax, fixed by ordinary or commissioner, under alternate road law.
TuEsDAY, AucusT 18, 1931.
1329
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 109, nays 0.
The bill having received the requisite constitutional majority was passed as amended.
By Mr. Moore of the 47th District-
Senate Bill No. 163. A bill to be entitled an Act to abolish the office of County Treasurer of Colquitt County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Dekle of the 6th District-
Senate Bill No. 158. A bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Lowndes County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, nays 0.
The bill having received the requisite constitutional majority was passed.
Under the order of business established by the Rules Committee, the following resolutions of the House and Senate were taken up for consideration and read the third time:
By Messrs. Watson of the 3rd District and Neill of the 24th District-
1330
JouRNAL oF THE HousE,
Senate Resolution No. 43. A joint resolution for the adoption of Code of Georgia of 1932, and for other purposes.
On the adoption of the resolution, Mr. Battle of Muscogee moved the previous question.
The motion prevailed, and the main question was ordered.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of Senate Resolution No. 43, Mr. Lanham of Floyd moved the ayes and nays, and the call was not sustained.
On the adoption of the resolution, the ayes were 60, nays 85, and the resolution was lost.
By Messrs. Mooty of Troup, Allen of Baldwin, and Davis of Mitchell-
House Resolution No. 63-448a.
A RESOLUTION
Whereas, at the extraordinary session 1931, of the General Assembly of the State of Georgia, there was created under a resolution passed by the House of Representatives a recess committee for the purpose of conducting hearings, making examinations and making recommendations to the regular session of the General Assembly; and
Whereas, the committee thus created was appointed by the Hon. Richard B. Russell, Jr., Speaker of the House, and said committee composed of the following members of the House: Hugh Peterson of Montgomery County,
Gus Huddleston of Meriwether County, W. J. Crowe of Worth County, J. T. Colson of Glynn County, and H. B.
Edwards of Lowndes County and
Whereas, said committee spent practically three months conducting the examinations and carrying out the work which they were instructed to do; and
TuEsDAY, AuGUST 18, 1931.
1331
Whereas, they have now completed their work and rendered their reports and presented to this General Assembly bills in line with recommendations made; therefore
Be it resolved, by the House, the Senate concurring, that the Treasurer of the State of Georgia be and is hereby authorized, empowered and directed to pay to said members as above named all expenses incurred by them in the prosecution of their duties in carrying out the terms d the resolution under which said committee was created. Provided the total sum paid to said committee shall not exceed twentyseven hundred and 00/000 dollars, and to be paid only on proper vouchers being signed by the Speaker of the House or the President of the Senate.
Mr. Key of Jasper asked unanimous consent that the Committee of the Whole House be instructed to report House Resolution No. 63-448a back to the House within five minutes, and the request was granted.
The House resolved itself into the Committee of the Whole House with instructions frcm the House to report House Bill Nc. 63-448a back to the House within five minutes, and the Speaker designated Mr. Gillen of Bibb, the Speaker Pro Tern., as the chairman thereof.
The Committee of the Whcle House arose and through its chairman reported House Resolution No. 63-448a back to the House with the recommendation that the same do pass.
On the adoption of the resolution, Mr. Lindsay of DeKalb moved the previous question.
The motion prevailed, and the main question was utde:ed.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution involving an appropriation, the roll call was ordered and the vote was as follows:
1332
JouRNAL oF THE HousE,
Those voting in the affirmative were Messrs.:
Adams Alexander Allen Almand Andrews Arnold Arrington Ashley Atwood Awtrey Bargeron Barrett Beaman Bean Beasley Bennett of Bacon Bennett of Jeff Davis Bland Brannen Brown Brunson Bunn Burton Cannon Carlisle of Bibb Carlisle of Grady Cartledge Chalker Chambers Clark Clements of Marion Cochran Collier Courson Cowart Cozart Crawford Culpepper of Echols Culpepper of Fayette Davis of Floyd Davis of Jackson Davis of Mitchell Davis of Troup Donaldson
Dorsett
Lance
Duncan
Lanham
Eckford
Lanier
Elliott
Leathers
Fagan
Lester
Franklin
Lewis of Gordon
Fraser
Lewis of Hancocl
Freeman
Lindsay
Gary
Logan
Gillen
Lord
Graham
McElreath
Grayson
McGehee
Greer
McKoy
Griffeth
McRae
Griffin of Wilkes
McWhorter
Gullatt
Mallard
Hampton
Mardre
Hardin
Mattox
Harris
Mercer
Harrison of Camden Meredith
Harrison of Jenkins Mooty
Hatcher
Morris
Hawes
Moye
Hodges
Mundy
Holt
Musgrove
Horne
Myrick
Howard of Chatt'h'cheeNelson of Cook
Howard of Long
Nelson of Laurel
Hubbard of HabershamOliver
Hubbard of Wilkinson Osteen
Hutcheson
Parham
Hyman
Park
James
Patten
Johnson of MontgomeryPaulk
Johnson of Pike
Phillips
Johnson of Seminole Pittard
Jones of Burke
Pope
Jones of Paulding Powell
Kennedy
Purdy
Key
Purvis
Kimbrough
Rabun
Kimsey
Rivers
King of Clay
Roberts
King of Newton
Robertson
TuEsDAY, AucusT 18, 1931.
1333
Ross of Appling Ross of Dodge Rosser Sammon Scarbrough Seckinger Sharpe Shirley Simmons Sims Sisk Skelton Spivey Stanton Stewart
Still
Waldrop
Stone
Walker of Ben Hill
Strickland of Douglas Walker of Brooks
Strickland of Haralson Walker of Morgan
Sutton
Walker of Screven
Swain
Wall
Tate
Weeks
Taylor
Westbrook
Thomas
Whittle
Thomason
Wilkes
Thompson
Williams
Townsend
Wilson
Trapnell
Wood
Trotter
Yawn
Turner
Those voting in the negative wet e Messrs.:
Dixon
Evans
Those not voting were Messrs.:
Battle Bush Cain Childs Clements of Telfair Colson Crowe Cullens Dykes Edmondson
Edwards of Gilmer Edwards of Lowndes Edwards of Stephens Green Griffin of Decatur Huddleston Irvin Johnston Jones of Lumpkin Killebrew
McLeod Maynard Mixon Montgomery Pace Peebles Preston Tippins Mr. Speaker
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 176, nays 2.
The resolution having received the requisite ccnstitutional majority was adopted.
Mr. Nelson of Cook asked unanimous consent that when the House adjourn, it stand adjourned until 2:30 o'clock this afternoon, and the request was granted.
1334
JouRNAL oF THE HousE,
By unanimous consent, the resolution was immediately transmitted to the Senate.
Privileges of the floor were granted to .Hon. C. W. Peacock of Walker County, Mr. R. L. Wall of Baldwin County, Hon. R. K. Mann of Lamar County, Hon. D. S. Atkinson of Chatham County, Messrs. R. V. Hyman and C. A. Adams of Washington County, Hon. B. R. Oliff of Bulloch County, and Hon. L. F. Hobby of Ware County.
Mr. Taylor of Washington moved that the House do now adjourn, and the motion prevailed.
The Speaker announced the House adjourned until this afternoon, at 2:30 o'clock.
AFTERNOON SEs~oN,
2:30 o'clock, P. M.
The House met again at this hour and was called to order by the Speaker.
The roll was called and the following mem hers answered to their names:
Adams Alexander Allen Almand Andrews Arnold Arrington Ashley Atwood Awtrey Bargeron Barrett Battle Beaman Bean Beasley Bennett of Bacon
Bennett of Jeff Davis Bland Brannen Brown Brunson Bunn Burton Bush Cain Cannon Carlisle of Bibb Carlisle of Grady Cartledge Chalker Chambers Childs Clark
Clements of Marion Clements of Telfair Cochran Collier Colson Courson Cowart Cozart Crawford Crowe Cullens Culpepper of Echols Culpepper of Fayette Davis of Floyd Davis of Jackson Davis of Mitchell Davis of Troup
TuEsDAY, AucusT 18, 1931.
1335
Dixon
Johnson of Seminole
Donaldson
Johnston
Dorsett
Jones of Burke
Duncan
Jones of Lumpkin
Dykes
Jones of Paulding
Eckford
Kennedy
Edmondso;n
Key
Edwards of Gilmer Killebrew
Edwards of Stephens Kimbrough
Elliott
Kimsey
Evans
King of Clay
Fagan
King of Newton
Franklin
Lance
Fraser
Lanham
Freeman
Lanier
Gary
Leathers
Gillen
Lester
Graham
Lewis of Gordon
Grayson
Lewis of Hancock
Green
Lindsay
Greer
Logan
Griffeth
Lord
Griffin of Decatur McElreath
Griffin of Wilkes
McGehee
Gullatt
McKoy
Hampton
McLeod
Hardin
McRae
Harris
McWhorter
Harrison of Camden Mallard
Harrison of Jenkins Mardre
Hatcher
Mattox
Hawes
Mercer
Hodges
Meredith
Holt
Mixon
Horne
Montgomery
Howard of Chatt'h'cheeMooty
Howard of Long
Morris
Hubbard of HabershamMoye
Hubbard of Wilkinson Mundy
Huddleston
Musgrove
Hutcheson
Myrick
Hyman
Nelson of Cook
Irvin
Nelson of Laurens
James
Oliver
Johnson of MontgomeryOsteen
Johnson of Pike
Pace
Parham Park Patten Paulk Peebles Phillips Pittard Pope Powell Preston Purdy Purvis Rabun Rivers Roberts Robertson Ross of Appling Ross of Dodge Rosser Sammon Scarbrough Seckinger Sharpe Shirley Simmons Sims Sisk Skelton Spivey Stanton Stewart Still Stone Strickland of Douglas Strickland of Haralson Sutton Swain Tate Taylor Thomas Thomoson Thompson Tippins Townsend Trapnell Trotter
1336
JOURNAL or THE HousE,
Turner Waldrop Walker of Ben Hill Walker of Brooks Walker of Morgan Walker of Screven
Wall Weeks Westbrook Whittle Wilkes
Williams Wilson Wood Yawn Mr. Speaker
House Bill No. 147, known as the General Appropriations Bill, was taken up for the purpose of considering the amendments thereto:
Mr. Culpepper of Fayette asked unanimous consent that the House insist on its amendment to the Senate amendment in regard to the Department of Agriculture, and that it insist on its disagreement to the other Senate amendments to House Bill No. 147, and the request was granted.
Mr. Culpepper of Fayette asked unanimous consent that the Speaker appoint a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate, for the purpose of considering the amendments to House Bill No. 147, known as the General Appropriations Bill; and the request was granted.
The Speaker appointed as the committee on the part of the House the following members of the House, to-wit:
Messrs. Culpepper of Fayette,
Rivers of Wheeler,
Fagan of Peach.
The Speaker called up House Bill No. 194, known as the Reorganization Bill.
Mr. Huddleston of Meriwether asked unanimous consent that the House insist on its disagreements to the Senate amendments to House Bill No. 194, and the request was granted.
Mr. Huddleston of Meriwether asked unanimous consent that the Speaker appoint a Conference Committee on the part of the House to confer with a like committee on
TuEsDAY, AucusT 18, 1931.
1337
the part of the Senate for the purpose of considering the amendments to House Bill No. 194, known as the General Reorganization Bill; the request was granted, and the Speaker appointed as the committee on the part of the House the following members of the House, to-wit:
Messrs. Huddleston of Meriwether,
Colson of Glynn,
Crowe of Worth.
Under orders of the day, the following bills of the House were taken up for consideration and read the third time:
By Mr. Kennedy of Lamar-
House Bill No. 313. A bill to be entitled an Act to provide for and regulate the manner and procedure of payment of pensions to Confederate veterans; and for other purposes.
Mr. Walker of Brooks moved the previous question.
The motion prevailed, and the main question was ordered.
The following amendments were read and adopted:
Mr. Mattox of Colquitt moves to amend House Bill No. 313 by adding a new section to said bill to be known as Section 3a, to-wit:
"When a check is due to a pensioner upon time of his death the amount of such check shall be paid his widow, or in the event he dies without leaving a widow then the amount of such check shall be paid to the administrator of his death."
Mr. Davis of Mitchell moves to amend House Bill No. 313 as follows:
Amends Section 3 of said bill by adding after the words "Commissioner of Pensions" in second line of said section the words and/or "Director of Veterans' Service Office"
1338
JouRNAL oF THE HousE,
and by adding after the words "Commissioner of Pensions" in the last line thereof, the words "or Director of Veterans' Service Office or other official in said office charged by law with disbursing said pension funds to said Confederate veterans and their widows."
Mr. Davis of Mitchell moves to amend House Bill No. 313 as follows:
Amend the caption by adding to said caption before the words "and for other purposes" the following: "To require bond of the Commissioner of Pensions, or Director of Veterans' Service Office or of such other official charged with the duty of disbursing pension funds to Confederate veterans and their widows."
Mr. Huddleston of Meriwether moves to amend House Bill No. 313 by striking the words "Commissioner of Pensions" wherever they appear in Section 3 of said bill and inserting in lieu thereof the words "Director of the Veterans' Service Office."
Mr. Davis of Mitchell moves to amend House Bill No. 313 as follows:
By adding thereto another section to be numbered Section 3a as follows:
Section 3a. Be it further enacted that the Commissioner of Pensions (or the State official having charge of the distribution and payment of pensions to Confederate soldiers and their widows) shall give bond in a solvent Surety Company qualified to do business in this State in the sum of twenty-five thousand dollars, said bond to be approved by the Governor, conditioned for the faithful performance of his duties and the faithful accounting for all monies and funds coming into his hands as such official. The premium for said bond shall be paid out of the funds appropriated for the purpose of defraying the expenses of said department and for paying said pensions.
TUESDAY, AUGUST 18, 1931.
1339
Mr. Hutcheson of Walker moves to amend House Bill No. 313 as follows:
By adding thereto another section to be numbered Section 3c as follows:
3c. Be it further enacted that on or before January 31, 1932, the Director of the Veterans' Service Office furnish an alphabetical list of pensioners to the Registrar of the Bureau of Vital Statistics, which Registrar shall be required to furnish to the Director of the Veterans' Office properly certified copy of death certificate of any pensioner not later than five days after receipt by him.
3d. Be it further enacted that it shall be a felony for any person to forge the name of a payee to any pension check and upon conviction for the violation of this section shall be imprisoned not less than one nor more than seven years.
Mr. Lindsay of DeKalb moves to amend House Bill No. 313 as follows:
By adding thereto another section to be numbered Section 3b as follows:
3b. Be it further enacted that the ordinary of each county shall send a certified copy list of pensioners with correct post office address to the Commissioner of Pensions on or before Decemher 1, 1931.
Mr. Hutcheson of Walker moves to amend the caption of House Bill No. 313 by adding the following words after word "veterans" in line two of caption, "Prescribe the penalty for violation thereof."
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, Mr. Hyman of Washington moved the ayes and nays, and the call was not sustained.
On the passage of the bill, the ayes were 101, nays 44.
1340
JouRNAL OF THE HousE,
The bill having failed to received the requisite constitutional majority was lost.
Mr. Kennedy of Lamar gave notice that at the proper time he would move that the House reconsider its action in failing to pass House Bill No. 313.
By Mr. Huddleston of Meriwether-
Hause Bill No. 196. A bill to be entitled an Act to repeal the Dairy Act of 1929; to establish a Director of the Dairy Division; and for other purposes.
Mr. Mattox of Colquitt moved that House Bill No. 196 be recommitted to the Committee on General Agriculture No.1.
On the motion to recommit, Mr. Roberts of Muscogee moved the ayes and nays.
Mr. Cartledge of Richmond moved that the House do now adjourn.
Mr. Williams of Emanuel moved to recommit House Bill No. 196 to the Committee on General Agriculture No. 1 with instructions to report the same back immediately.
Mr. McRae of Fulton moved the previous question on the motion of the gentleman from Emanuel, Mr. Williams.
The motion for the ayes and nays was not sustained.
On the motion of the gentleman from Colquitt, Mr. Mattox, the ayes were 104, nays 14, and the bill was recommitted to the Committee on General Agriculture No. 1.
Mr. Leathers of DeKalb moved that the House do now adjourn, and the motion was lost.
Mr. Brown of Greene arose to a question of personal privilege and addressed the House.
Mr. Leathers of DeKalb moved that the House do now adjourn, and the motion was lost.
TuEsDAY, AuGusT 18, 1931.
1341
The following message was received from His Excellenc~-, the Governor, through his Secretary, Mr. Anderson:
To the House of Representatives:
I am returning, herewith, without my approval, House
Bill No. 390, an Act entitled, "An Act to authorize the City
Council of Augusta to fix and regulate the salary of the mayor of said city, and for other purposes."
This action is taken at the written request of the three Representatives comprising the Richmond Delegation, all of whom were authors of the bill.
This seventeenth day of August, nineteen hundred and thirty-one.
Respectfully submitted,
RICHARD B. RussELL, Jr.,
Governor.
By Messrs. Paulk of Turner, Mooty of Troup, and others-
House Bill No. 356. A bill to be entitled an Act to regulate the selling, offet ing, or exposing for sale all agricultural and vegetable seeds; and for other purposes.
Mr. Hyman of Washington moved to recommit House Bill No. 356 to the Committee on General Agriculture No. 1.
On the motion to recommit, the ayes were 80, nays 40, and the motion prevailed.
By unanimous consent, the following resolution of the
House was read and adopted:
By Messrs. Thompson of Barrow and Davis of JacksonHouse Resolution No. 112.
A RESOLUTION
Whereas, Governor Huey P. Long of Louisiana has called a meeting of all Governors, Senators and Congressmen of the Cotton Growing States to meet in New Orleans next Friday.
1342
JouRNAL OF THE HousE,
Therefore, be it resolved, that the Georgia House of Representatives go en record as urgently requesting our Governor, Senators and Congressmen to attend this meeting with a view to cooperating in any line towards helping the destitute farmers of this State.
Be it further resolved, that a copy of this resolution be mailed to our Governor, our Senators and our Congressmen, and to Governor H. P. Long of Louisiana.
Mr. Hatcher of Johnson moved that the House do now adjourn, and the motion was lost.
Mr. Mattox of Colquitt moved that the House reconsidet its action in recommitting House Bill No. 356.
On the motion to reconsider, Mr. Stewart of Coffee moved the ayes and nays, and the call was not sustained.
On the motion of the gentleman from Colquitt, Mr. Mattox, to reconsider the action of the House in recommitting House Bill No. 356, the ayes were 25, nays 80, and the motion was lost.
Mr. Evans of McDuffie moved that the House do now adjourn.
On the motion to adjourn, Mr. Rosser of Walker moved the ayes and nays, and the call was not sustained.
The motion to adjourn prevailed.
Leave of absence was granted to Mr. Bennett of Jeff Davis.
The Speaker announced the House adjourned until tonight at 7:30 o'clock.
NIGHT SESSION, 7:30 o'clock, P. M.
The House met again at this hour and was called to order by the Speaker.
TuEsDAY, AucusT 18, 1931.
1343
The roll was called and the following members answered to their names:
Adams Alexander Allen Almand Andrews Arnold Arrington Ashley Atwood Awtrey Bargeron Barrett Battle Beaman Bean Beasley Bennett of Bacon Bennett of Jeff Davis Bland Brannen Brown Brunson Bunn Burton Bush Cain Cannon Carlisle of Bibb Carlisle of Grady Cartledge Chalker Chambers Childs Clark Clements of Marion Clements of Telfair Cochran Collier Colson Courson Cowart Cozart
Crawford Crowe Cullens Culpepper of Echols Culpepper of Fayette Davis of Floyd Davis of Jackson Davis of Mitchell Davis ot Troup Dixon Donaldson Dorsett Duncan Eckford Edmondson Edwards of Gilmer Edwards of Stephens Elliott Evans Fagan Franklin Fraser Freeman Gary Gillen Graham Grayson Green Greer Griffeth Griffin of Decatur Griffin of Wilkes Gullatt Hampton Hardin Harris Harrison of Camden Harrison of Jenkins Hatcher Hawes Hodges Holt
Horne Howard of Chatt'h'chee Howard of Long Hubbard of Habersham Hubb'ard of Wilkinson Huddleston Hutcheson Hyman
Irvin James Johnson of Montgomery Johnson of Pike Johnson of Seminole Johnston Jones of Burke Jones of Lumpkin Jones of Paulding Kennedy Key Killebrew Kimbrough Kimsey King of Clay King of Newton Lance Lanham Lanier Leathers Lester Lewis of Gordon Lewis of Hancock Lindsay Logan Lord McElreath McGehee McKoy McLeod McRae McWhorter Mallard Mardre
1344
jOURNAL OF THE HousE,
Mattox Mercer Meredith Mixon Montgomery Mooty Morris Moye Mundy Musgrove MYrick Nelson of Cook Nelson of Laurens Oliver Osteen Pace Parham Park Patten Paulk Peebles Phillips Pittard Pope Powell Preston
Purdy
Swain
Purvis
Tate
Rabun
Taylor
Rivers
Thomas
Roberts
Thomoson
Robertson
Thompson
Ross of Appling
Tippins
Ross of Dodge
Townsend
Rosser
Trapnell
Sammon
Trotter
Ec:trbrough
Turner
Seckinger
Waldrop
Sharpe
Walker of Ben Hill
Shirley
Walker of Brooks
Simmons
waiker of Morgan
Sims
Walker of Screven
Sisk
Wall
Skelton
Weeks
Spivey
Westbrook
Stanton
Whittle
Stewart
Wilkes
Still
Williams
Stone
Wilson
Strickland of Douglas Wood
Strickland of Haralson Yawn
Sutton
Mr. Speaker
Mr. Lewis of Hancock moved that the House do now adjourn.
On the motion to adjourn, Mr. Thomas of Wayne moved the ayes and nays, and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Beasley
Kennedy
Brannen
Lester
Brown
Lewis of Hancock
Greer
McWhorter
.James
Meredith
.Johnson of MontgomeryPatten
Paulk Peebles Pittard Rivers Tate Walker of Ben Hill
TUESDAY, AUGUST 18, 1931.
1345
Those voting in the negative were Messrs.:
Adams Almand Arnold Arrington Atwood Awtrey Battle Beaman Bean Bennett of Bacon Bland Bunn Burton Bush Carlisle of Bibb Carlisle of GradY Cartledge Chalker Childs Clark Cochran Collier Cowart Cozart Crawford Cullens Davis of Jackson Dixon Donaldson Duncan Eckford Edwards of Stephens Evans Fagan Franklin Freeman Gary
Gillen
Morris
Graham
Moye
Grayson
Musgrove
Green
Nelson of Cook
Griffeth
Nelson of Laurens
Griffin of Wilkes
Oliver
Gullatt
Osteen
Harris
Park
Harrison of Jenkins Pope
Hawes
Powell
Hodges
Preston
Holt
Roberts
Horne
Ross of Appling
Hubbard of Wilkinson Ross of Dodge
Huddleston
Rosser
Hutcheson
Scarbrough
Hyman
Shirley
Irvin
Simmons
Johnson of Seminole Sims
Jones of Lumpkin Sisk
Jones of Paulding Skelton
Key
Spivey
Kimbrough
Stanton
Kimsey
Stewart
King of Clay
Still
Lance
Strickland of Douglas
Lanham
Strickland of Haralson
Lanier
Sutton
Leathers
Townsend
Lord
Waldrop
McGehee
Walker of Morgan
McLeod
Walker of Screven
McRae
Weeks
Mattox
Westbrook
Mercer
Wilkes
Montgomery
Williams
Mooty
Yawn
Those not voting were Messrs.:
Alexander Allen Andrews Ashley Bargeron
Barrett Bennett of Jeff Davis Brunson Cain Cannon
Chambers Clements of Marion Clements of Telfair Colson Courson
1346
JouRNAL OF THE HousE,
Crowe
Johnson of Pike
Culpepper of Echols Johnston
Culpepper of Fayette Jones of Burke
Davis of Floyd
Killebrew
Davis of Mitchell
King of Newton
Davis of Troup
Lewis of Gordon
Dorsett
Lindsay
Dykes
Logan
Edmondson
McElreath
Edwards of Gilmer McKoy
Edwards of Lowndes Mallard
Elliott
Mardre
Fraser
Maynard
Griffin of Decatur Mixon
Hampton
Mundy
Hardin
Myrick
Harrison of Camden Pace
Hatcher
Parham
Howard of Chatt'h'cheePhillips
Howard of Long
Purdy
Hubbard of HabershamPurvis
Rabun Robertson Sammon Seckinger Sharpe Stone Swain Taylor Thomas Thomason Thompson Tippins Trapnell Trotter Turner Walker of Brooks Wall Whittle Wilson Wood Mr. Speaker
The roll call was verified.
On the motion to adjourn, the ayes were 18, nays 111, and the motion was lost.
Under the special order of business established during the morning session for the purpose of taking up the Fulton County local bills set as amended on the calendar by the Rules Committee, the following bills of the House were taken up for consideration and read the third time:
Bv Messrs. Eckford and McRae of Fulton-
House Bill No. 79. A bill to be entitled an Act to repeal an Act creating a Board of Commissioners of Roads and Revenues of Fulton County, and for other purposes.
On House Bill No. 79, Mr. Beaman of DeKalb moved the previous question.
The motion prevailed, and the main question was ordered.
The following Committee amendments to House Bill No. 79 were read and adopted:
TuEsDAY, AucusT 18, 1931.
1347
By the Committee-
Moves to amend House Bill No. 79 by striking from line three of Section 1 of said bill the words "September 1, 1931," and inserting in lieu thereof the words "the first Tuesday in October, 1931," so that said Section 1 when so amended shall read as follows:
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the first Tuesday in October, 1931, an Act, together with amendments thereto, entitled, "An Act to create a Board of Commissioners of Roads and Revenues of the County of Fulton, and to define their powers and duties, and for other purposes," approved December 3, 1880, and contained in Acts of 1880, page 508, be and the same is hereby repealed, and said Board of Commissioners of Roads and Revenues, created by said Act, is hereby abolished.
By the Committee-
Moves to further amend House Bill No. 79 by striking from the fourth line of Section 2 thereof the words "1st day of September, 1931" and inserting in lieu thereof the words "first Tuesday in October, 1931," so that said Section 2 when so amended shall read as follows:
Sec. 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that this Act shall go into effect and become operative on the first Tuesday in October, 1931.
The following substitute to House Bill No. 79 was read and adopted:
By Messrs. McRae and Eckford of Fulton-
A BILL
To be entitled an Act to amend an Act of the General Assembly of the State of Georg_ia, approved December
1348
JouRNAL OF THE HousE,
3, 1880, entitled, "An Act to create a Board of Commissioners of Roads and Revenues of the County of Fulton and to define their powers and duties, and for other purposes," published in the Acts of 1880, page 508, and Acts amendatory thereof; so as to restrict the salaries which may be paid the employees of Fulton County; to provide conditions precedent to the laying out and paving of roads in said county; to define certain Acts of the members of the Board of Commissioners to be malfeasance in office, and to prescribe the method and manner of punishment of said Acts of malfeasance; to restrict the use of county automobiles; to provide how the revenues of the county may be expended; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, an Act, together with amendments thereto, entitled "An Act to create a Board of Commissioners of Roads and Revenues of the County of Fulton, and to define their powers and duties, and for other purposes," approved December 3, 1880, and contained in Acts of 1880, page 508, and Acts amendatory thereof, be and the same is hereby amended as follows:
Section 1. That each commissioner before entering upon his duties shall give bond in the sum of five thousand dollars each, payable to the ordinary of said county, and his successors in office, and shall take and subscribe an oath before the ordinary of said county to well and faithfully perform his duties as such commissioner under this Act, and said bond shall be filed with the ordinary and recorded upon his minutes. Said bond shall be for the faithful performance of the duties of the office, and may be sued on by the ordinary on his own motion or by direction of the grand jury, or suit may be brought thereon by any taxpayer of said county in the name of the ordinary, and any commissioner and his sureties shall be liable for any
TUESDAY, AUGUST 18, 1931.
1349
breach thereof by way of malfeasance of office, and for any neglect of duty.
Sec. 2. The salary of the Clerk of said Board of Commissioners shall be five thousand dollars per annum.
Sec. 3. That the Board of Commissioners, either themselves or the clerk of said board, shall purchase all equipment, materials, and supplies of said county, of such kind and quality and in such quantities as they may direct; and where the amount to be expended at one time exceeds the sum of three hundred dollars, purchases of all equipment, materials, and supplies shall be by competitive bids, which bids shall be kept on file in the office of the commissioners or subject to inspection by the grand jury and other interested citizens. All purchases shall be charged to Fulton County; and before bills are therefore submitted to the board for approval, they shall be audited and payment therefor recommended by the parties making such purchase; and if approved by the Board of Commissioners at a regular meeting therefor, said approval shall be entered upon the minutes of the board, and when this is done warrants therefor shall be regularly drawn, which warrants shall be signed by the chairman and clerk, as all other warrants drawn on the treasury or county depository shall be signed, before payment thereof is made, except that in the absence of the chairman said vice-chairman shall be authorized to sign warrants on the treasury or county depository in his stead.
Sec. 4. The said Board of Commissioners shall appoint a Superintendent of Public Roads, who shall be paid a salary of six thousand dollars per annum, and shall not engage in any other business, trade, or calling, or hold any other position. This office shall have charge of laying out, building, repairing, improving, and maintaining the public roads and bridges of the county, under the orders of the Board of Commissioners. The Superintendent of Public Roads shall be a person at least twenty-five years of age, and a citizen of Fulton County. He shall give his receipt
1350
JouRNAL OF THE HousE,
in writing to the clerk of the board for all supplies and materials furnished to him by the board, which receipts shall be kept filed in the office of the Board of Commissioners. The Board of Commissioners shall appoint such other persons to perform services relating to the construction and maintenance of the county roads as may be necessary to secure the economical expenditure of the county road funds; provided, that the said Board of Commissioners shall not pay or contract to pay to persons employed in the construction and maintenance of the county roads, in or for any one year, any sum of money for salaries which shall exceed in the aggregate an amount equal to twenty per cent. of the whole amount of taxes levied and collected for county road purposes during said year.
Sec. 5. That the Board of Commissioners shall have the books and accounts of the tax collector and tax receiver or county tax commissioner, treasurer or county depository, sheriff, superintendent of schools, clerk of the superior court, ordinary, Clerk of Criminal Court of Atlanta, Clerk of Municipal Court of Atlanta, Fulton Section, and commissioners of roads and revenues audited by a certified public accountant of this State in January of each year for the previous year. Full reports of such audits, including statement of assets and liabilities, of revenues and expenses, and such schedule as may be necessary for a clear understanding of the affairs of the county, as of January 1st of each year, shall be made, and such audits shall be completed and furnished to the March term of the grand jury of the county. An intelligent statement of each audit, showing the financial condition of the county, its receipts, disbursements, shall be published by the commissioners in a daily newspaper published in said county, if satisfactory prices can be made for such publication, so that the citizens .and taxpayers may fully understand the financial condition of the county.
Sec. 6. That said Board of Commissioners may receive contributions for the improvement of the public roads or
TuEsDAY, AucusT 18, 1931.
1351
bridges of the county from persons who own property along the same, or from any other person or persons, or from the State Government or the United States Government, or from any corporation or firm who may be interested in the improvement of roads and bridges, and such contributions when received shall be used for the improvement of the road or bridge designated by the contributor.
Sec. 7. That it shall be unlawful for said commissioners to employ any person related within the second degree, either by blood or marriage, to any member of the board, or to contract with such person or persons for any equipment, material or supplies or for any work to be done upon the public roads, bridges, or public wcrks of the county; and it shall likewise be unlawful for any member of said board or their clerk to have any financial interest in the sale or purchase of any article to or from the county, or to receive any rebate, expense account, transportation or other valuable consideration in connection or through the purchase of any equipment or supplies for the county, or the awarding of any contract for said county; and if any commissioner, or the clerk, shall knowingly or wilfully violate any provision of this section, he shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed by Section 1065 of the Penal Code of Georgia of 1910, and shall forfeit his office.
Sec. 8. That it shall be unlawful for said Board of Commissioners to expend any of the road funds of said county in laying out, building, repairing, improving or maintaining a road or bridge in said county, unless it affirmatively appears from the minutes of proceedings of said commissioners that such road has been laid out in conformity to the provisions of Section 640 to 646 (3) inclusive, of Michie's Georgia Code 1926. No paving shall be authorized to be done upon any road except by vote of a majority of a quorum of said board, which action must affirmatively appear from the minutes prior to the time the paving is commenced. The expenditure of road funds in violation
1352
JouRNAL OF THE HousE,
of the provisions of this article by any commissioner or agent of the board shall be deemed and held to be malfeasance in office, and for such conduct the persons guilty thereof shall be held disqualified to hold office and shall be removed therefrom by any judge of the superior court of said county upon said fact being shown on petition of any citizen of said county, and such person shall be personally liable to the county for damages to the county by reason of said conduct, and suit for damages for such conduct may be filed in the name of Fulton County by any taxpayer of said county, and the money recovered shall be paid into the county treasury.
Sec. 9. That it shall be unlawful for said Board of Commissionets to lay out, grade or pave any road which passes through or adjoining the property in which any member of said board has an interest, either directly or inditectly, except upon the vote of all of the members of said boa1 d, and it shall be the duty of any member of said board who has an interest, either directly or indirectly, in any property through or adjoining which a road is proposed to be laid out, graded or paved, to enter upon the minutes of proceedings of said board a statement of his interest in such property, which shall be made under oath, and signed by said commissioner, before a vote is taken upon the proposal to lay out, grade or pave such road. Any commissioner failing to enter such statement on the minutes when he has an interest, either directly or indirectly, in such property, shall be guilty of malfeasance in office and disqualified to hold said office, and shall he removed therefrom in the same manner as set out in the preceding section of this Act.
Sec. 10. That it shall be unlawful for the members of said Board of Commissioners to expend any of the county revenue, whether raised by taxation or otherwise, for any purpose other than the purposes for which taxes may be levied by said county as specified in Article 7, Section 6, Paragraph 2, of the Constitution of the State of Georgia.
TuEsDAY, AuausT 18, 1931.
1353
Any member of said board voting to violate the provisions of this section shall be personally liable to the county for the loss or damage occasioned by said vote, and shall be deemed and held guilty of malfeasance in office, and shall be removed therefrom in the same manner as set out in Section 8 of this Act.
Sec. 11. That all motor vehicles owned by said county shall have painted on both sides thereof in letters at least two inches wide and four inches high the words: ..County of Fulton." Said motor vehicle shall be used only in the transaction of official business for said county. Said board shall provide places where said vehicles shall be kept and stored when not being used on cfficial county business. On all days when a primary, special or general election is held in said county, the said motor vehicles shall be kept .and stored at such places as may be established by said board, and it shall be unlawful for any person to use said vehicles on such election days. Any person violating the provisions of this section shall be guilty of malfeasance in office, and shall be removed therefrom in the manner provided in Section 8 of this Act.
Sec. 12. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that said Board of Commissioners shall not pay to any employee of said county whose salary it may be the duty .of said commissioners to fix, any sum of money in excess of the sum of $300.00 per month, and the violation of this section by said commissioners shall constitute malfeasance in office and subject the offenders to removal as provided in Section 8 of this Act.
Sec. 13. Be it further enacted by the authority aforesaid, that if any provision of this Act be declared unconstitutional, then such provision is her.eby repealed, and the other provisions of this Act shall continue in full force and .effect.
Sec. 14. Be it further enacted by the authority afore-
1354
JouRNAL oF THE HousE,
said, 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 as amended, was agreed to by substitute.
On the passage of the bill, Mr. McRae of Fulton moved the ayes and nays, and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Arnold Atwood Bean Bennett of Bacon Bunn Burton Carlisle of Bibb Carlisle of Grady Childs Cullens Culpepper of Echols Davis of Jackson Dixon Donaldson Duncan Eckford Evans Fagan Freeman Gary Graham Griffin of Wilkes Harris
Harrison of Jenkins Moye
Hatcher
Musgrove
Hawes
Nelson of Laurens
Hodges
Oliver
Holt
Osteen
Horne
Powell
Howard of Long
Roberts
Hubbard of Wilkinson Ross of Appling
Jones of Lumpkin Scarbrough
Jones of Paulding Sims
Kimsey
Sisk
King of Clay
Spivey
Lanham
Stone
Lanier
Strickland of Douglas
Leathers
Strickland of Haralson
McRae
Sutton
Mallard
Trapnell
Mattox
Waldrop
Mercer
Walker of Morgan
Montgomery
Walker of Screven
Mooty
Williams
Morris
Yawn
Those voting in the negative were Messrs.:
Adams Alexander Arrington Awtrey Battle Beaman
Beasley Bland Brannen Brown Cain Cartledge
Chalker Cochran Cozart Crawford Edwards of Stephens Franklin
TUESDAY, AUGUST 18, 1931.
Gillen
Kimbrough
Grayson
Lester
Green
Lewis of Hancock
Greer
Lindsay
Griffeth
McGehee
Griffin of Decatur McLeod
Gullatt
McWhorter
Harrison of Camden Meredith
Huddleston
Nelson of Cook
Hutcheson
Parham
Hyman
Park
Irvin
Patten
.James
Paulk
Johnson of MontgomeryPittard
KennedY
Pope
Key
Preston Purvis Rivers Ross of Dodge Rosser Shirley Simmons Stanton Still Tate Thomas Townsend Walker of Ben Hil Weeks Wood
Those not voting were Messrs.:
Allen
Edwards of Gilmer Pace
Almand
Edwards of Lowndes Peebles
Andrews
Elliott
Phillips
Ashley
Fraser
Purdy
Bargeron
Hampton
Rabun
Barrett
Hardin
Robertson
Bennett of Jeff Davis Howard of Chatt'h'cheeSammon
Brunson
Hubbard of HabershamSeckinger
Bush
Johnson of Pike
Sharpe
Cannon
Johnson of Seminole Skelton
Chambers
Johnston
Stewart
Clark
Jones of Burke
Swain
Clements of Marion Killebrew
Taylor
Clements of Telfair King of Newton
Thomason
Collier
Lance
Thompson
Colson
Lewis of Gordon
Tippins
Courson
Logan
Trotter
Cowart
Lord
Turner
Crowe
McElreath
Walker of Brooks
Culpepper of Fayette McKoy
Wall
Davis of Floyd
Mardre
Westbrook
Davis of Mitchell
Maynard
Whittle
Davis of Troup
Mixon
Wilkes
Dorsett
MundY
Wilson
Dykes
Myrick
Mr. Speaker
Edmondson
1356
JouRNAL oF THE HousE,
By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 67, n~ys 64.
The bill having failed to receive the requisite constitutional majority was lost.
Mr. McRae of Fulton gave notice that at the proper time
he would move that the House reconsider its action in fail-
ing to pass House Bill No. 79.
Privileges of the floor were granted to Hon. Alvin Richards of Fulton County.
Mr. Kennedy of Lamar moved that the House do now adjourn, and the motion prevailed.
Leave of absence was granted to Mr. Taylor of Washington.
The Speaker announced the House adjourned until tomorrow morning, at 9:00 o'clock.
WEDNESDAY, AuGUST 19, 1931.
135i
REPRESENTATIVE HALL, ATLANTA, GA.,
WEDNESDAY, AuGusT 19, 1931.
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 Dr. V. L. Bray of Atlanta.
The roll was called and the following members answered to their names:
Adams Alexander Allen Almand Andrews Arnold Arrington Ashley Atwood Awtrey Bargeron Barrett Battle Beaman Bean Beasley Bennett of Bacon Bennett of Jeff Davis Bland Brannen Brown Brunson Bunn Burton Bush Cain Cannon Carlisle of Bibb Carlisle of Grady Cartledge Chalker
Chambers Childs Clark Clements of Marion Clements of Telfair Cochran Collier Colson Courson Cowart Cozart Crawford Crowe Cullens Culpepper of Echols Culpepper of Fayette Davis of Floyd Davis of Jackson Davis of Mitchell Davis of Troup Dixon Donaldson Dorsett Duncan Eckford Edmondson Edwards of Gilmer Edwards of Stephens Elliott Evans Fagan
Franklin Fraser Freeman Gary Gillen Graham Grayson Green Greer Griffeth Griffin of Decatur Griffin of Wilkes Gullatt Hampton Hardin Harris Harrison of Camden Harrison of Jenkins Hatcher Hawes Hodges Holt Horne Howard of Chatt'h'chee Howard of Long Hubbard of Habersham Hubbard of Wilkinson Huddleston Hutcheson Hyman Irvin
1358
JouRNAL OF THE HousE,
James
Montgomeu
Johnson of MontgomeryMooty
Johnson of Pike
Morris
Johnson of Seminole Moye
Johnston
Mundy
Jones of Burke
Musgrove
Jones of Lumpkin Myrick
Jones of Paulding Nelson of Cook
Kennedy
Nelson of Laurens
Key
Oliver
Killebrew
Osteen
Kimbrough
Pace
Kimsey
Parham
King of Clay
Park
King of Newton
Patten
Lance
Paulk
Lanham
Peebles
Lanier
Phillips
Leathers
Pittard
Lester
Pope
Lewis of Gordon
Powell
Lewis of Hancock
Preston
Lindsay
Purdy
Logan
Purvis
Lord
Rabun
McElreath
Rivers
McGehee
Roberts
McKoy
Robertson
McLeod
Ross of Appling
McRae
Ross of Dodge
McWhorter
Rosser
Mallard
Sammon
Mardre
Scarbrough
Mattox
Seckinger
Mercer
Sharpe
Meredith
Shirley
Mixon
Simmons
Sims Sisk Skelton Spivey_ Stanton Stewart Still Stone Strickland of Douglas Strickland of Haralson Sutton Swain Tate Taylor Thomas Thomoson Thompson Tippins Townsend Trapnell Trotter Turner Waldrop Walker of Ben Hill Walker of Brooks Walker of Morgan Walker of Screven Wall Weeks Westbrook Whittle Wil.k.es Williams Wilson Wood Yawn Mr. Speaker
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the report of the Conference Committee on the following bill of the Senate, to-wit:
WEDNESDAY, AuGUST 19, 1931.
1359
By Mr. Watson of the 3rd District-
Senate Bill No. 18. A bill to amend an Act for the protection of birds, game, and fish.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the reqmstte constitutional majority the following resolution of the Senate, to-wit:
By Messrs. McWhorter of the 50th District, West of the 11th District, and Ennis of the 20th District~
Senate Resolution No. 59. A resolution permitting the Military Department to supplement its appropriations with the unexpended balance of the appropriation for riot riuty.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requtstte constitutional majority the following bills of the Senate and House, to-wit:
By Messrs. West of the 11th District and McWhorter of the 50th District-
Senate Bill No. 97. A bill to regulate the carriage for hire of persons and property over the public highways of this State by motor vehicles.
By Mr. Watson of the 3rd District-
Senate Bill No. 165. A bill to prevent the abatement of causes of action ex delicto where the tort feasor dies before commencement of suit thereon.
1360
JouRNAL OF THE HousE,
By Messrs. Harris of Terrell and Moye of Randolph-
House Bill No. 330. A bill to change the county line between Randolph and Terrell Counties.
By Mr. Atwood of Mcintosh-
House Bill No. 585. A bill to exempt the residents of Mcintosh County, who are not regularly engaged in dealing in live-stock, from the payment of the license fee otherwise provided.
By Mr. Brannen of Bulloch-
Hause Bill No. 587. A bill to amend an Act to create the City Court of Statesboro.
By Mr. Stewart of Coffee-
House Bill No. 591. A bill to repeal Section 1 of an Act to amend an Act establishing the City Court of Douglas.
By Messrs. Carlisle, Gillen, and Park of Bibb-
House Bill No. 628. A bill to revise and amend the charter of the City of Macon.
The Senate has also passed by substitute by the requisite constitutional majority the following bill of the House, to-wit:
By Messrs. Myrick, Alexander, and Grayson of Chatham-
House Bill No. 582. A bill to amend the several Acts incorporating the Mayor and Aldermen of the City of Savannah.
The Senate has receded from its amendment to the following bill of the House, to-wit:
By Mr. Horne of Lee--
House Bill No. 135. A bill to abolish the City Court of Leesburg in the County of Lee.
WEDNESDAY, AuGUST 19, 1931.
1361
Mr. Hard.in of Whitfield, 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. Nelson of Cook, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
The Committee on Rules, having had under consideration the calendar of the day, beg to recommend the following order:
Senate Resolution No. 50. Western & Atlantic Commission Lease.
Senate Bill No. 52. County Repayment Bill. House Bill No. 558. Motor Vehicle Tax Act.
House Resolution No. 100. Rewrite School Law. House Bill No. 49. Burgin Bill. House Bill No. 577. Amend School Code re. Superintendent. House Bill No. 200. Act Amending School Code. House Bill No. 603. Produce Peddlers Bill. House Bill No. 235. Municipal Utility Bill. House Bill No. 150. Trappers Bill.
House Bill No. 153. Extending age of widows of Confederate Veterans.
House Resolution No. 98-629a. Provide committee to purchase Hearn Academy property.
1362
JouRNAL OF THE HousE,
House Bill No. 70. Egg Bill. House Bill No. 429. Budget Bill.
House Bill No. 349. Preventing Corporations Pleading Usury.
House Bill No. 494. Provide Physical Examination of Teacher.
House Bill No. 636. United States Tax Claims. House Bill No. 576. Banking Bill.
House Bill No. 473. Reciprocity Insurance Bill. House Bill No. 498. Embalming Bill. House Bill No. 154. Oleomargerine Bill. Your committee recommends a night session for the purpose of considering general bills with local application uncontested and resolutions for relief of sureties on bond.
Respectfully submitted, NELSON of Cook, Vice-Chairman.
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.
5. First reading of Senate bills and resolutions.
Mr. Kennedy of Lamar moved that the House reconsider its action in defeating House Bill No. 313.
WEDNESDAY, AuGUST 19, 1931.
1363
On the motion to reconsider, Mr. Cartledge of Richmond moved the ayes and nays, and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alexander Allen Arnold Ashley
Atwood Bargeron Beaman Bean Bland Brannen Brown Cain Carlisle of Bibb Carlisle of Grady Childs Cochran Cowart Crawford Crowe Cullens Davis of Jackson Davis of Mitchell Davis of Troup Donaldson Evans Fagan Franklin Fraser Freeman Gillen Graham Grayson Green Griffeth Griffin of Decatur
Griffin of Wilkes
Myrick
Gullatt
Nelson of Cook
Harrison of Jenkins Nelson of Laurens
Hatcher
Oliver
Hawes
Pace
Howard of Chatt'h"cheeParham
Hubbard of HabershamPark
Hubbard of Wilkinson Paulk
Hutcheson
Pittard
Johnson of MontgomeryPowell
Johnson of Pike
Purdy
Johnston
Ross of Appling
Jones of Burke
Ross of Dodge
Jones of Lumpkin Sharpe
Jones of Paulding Shirley
Kennedy
Simmons
Key
Sisk
Killebrew
Skelton
Kimsey
Spivey
Lance
Still
Lanham
Strickland of Haralson
Leathers
Sutton
Lewis of Hancock
Swain
Lindsay
Thomas
Lord
Thomason
McKoy
Thompson
McRae
Tippins
Mallard
Waldrop
Mardre
Walker of Brooks
Mattox
Walker of Morgan
Mercer
Wall
Meredith
Weeks
Mixon
Wilkes
Mooty
Williams
Musgrove
Yawn
Those voting in the negative were Messrs.:
Adams
Almand
Arrington
1364,
}OURNAL OF THE HousE,
Awtrey Barrett Beasley Bush Cannon Cartledge Chalker Chambers Clark Clements of Marion Clements of Telfair Cozart Dixon Dorsett Duncan Elliott Gary Greer Hampton Harris
Hawes Hodges Holt Horne Huddleston Hyman Irvin King of Clay King of Newton Lanier Lester Logan McElreath McGehee McLeod Montgomery Morris Moye Mundy Peebles
Pope Preston Purvis Rabun Rivers Roberts Robertson Sammon Sims Stanton Stewart Stone Strickland of Douglas Tate Taylor Walker of Ben Hill Walker of Screven Westbrook Wilson
Those not voting were Messrs.:
Andrews Battle Bennett of Bacon Bennett of Jeff Davis Brunson Bunn Burton Collier Colson Courson CUlpepper of Echols CUlpepper of Fayette Davis of Floyd Dykes
Eckford Edmondson Edwards of Gilmer Edwards of Lowndes Edwards of Stephens Hardin Harrison of Camden Howard of Long James Johnson of Seminole Kimbrough Lewis of Gordon McWhorter Maynard
Osteen Patten Phillips Rosser Scarbrough Seckinger Townsend Trapnell Trotter Turner Whittle Wood Mr. Speaker
By unanimous consent, the verification of the roll call was dispensed with.
On the motion to reconsider the action of the House in defeating House Bill No. 313, the ayes were 105, nays 62, and the motion prevailed.
WEDNESDAY, AuousT 19, 1931.
1365
Mr. Lindsay of DeKalb asked unanimous consent that the House insist upon its amendments to Senate Bill No. 92, and that the Speaker appoint a Conference Committee on the part of the House to confer with a like committee on the part of the Senate for the purpose of considering the amendments to Senate Bill No. 92, and the request was granted.
As the Conference Committee on the part of the House the Speaker appointed the following members of the House, to-wit:
Messrs. Thomas of Wayne,
Key of Jasper,
Johnson of Seminole.
By unanimous consent, the following resolution of the House was read the first time and referred to the committee:
By Mr. Osteen of Bryan-
House Resolution No. 113-742a. A resolution to relieve J. M. Griner and his surety on bond from any claim.
Referred to Committee on Special Judiciary.
Mr. Lewis of Hancock County, Chairman of the Committee on General Judiciary No. 1, submitted the following report:
Mr. Speaker:
Your Committee on General Ju'diciary 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 that:
House Bill No. 600 do pass.
Senate Bill No. 128 do pass.
Respectfully submitted,
LEWIS of Hancock, Chairman.
1366
JouRNAL oF THE HousE,
Mr. Stone of Early County, Vice-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:
Senate Bill No. 144 do pass.
Respectfully submitted,
STONE of Early,
Vice-Chairman.
Mr. Beasley of Tattnall 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 Senate and has instructed me, as chairman, to report the :,arne back to the House with the recommendation that:
Senate Bill No. 96 do pass as amended.
House Bill No. 399 do pass.
House Bill No. 376 do pass.
Respectfully submitted,
BEASLEY of Tattnall,
Chairman.
Mr. Collier of Madison County, Chairman of the Committee on State of the Republic, submitted the following report:
WEDNESDAY, AucusT 19, 1931.
1367
Mr. Speaker:
Your Committee on State of the Republic has had under consideration the following bills and resolutions of the House and Senate and has instructed me, as chairman, to report the same back to the House with the recommendation that:
Senate Bill No. 98 do pass.
Senate Bill No. 133 do not pass.
Senate Resolution No. 57 do pass.
House Resolution No. 74 do not pass.
House Bill No. 168 do pass.
House Bill No. 564 do pass. House Bill No. 493 do not pass.
Respectfully submitted, CoLLIER of Madison, Chairman.
By unanimous consent, the following bills of the House, favorably reported, were read the second time:
By Mr. Mattox of ColquittHouse Bill No. 168. A bill to abolish the Public Service
Commission, the Securities Commission, Insurance Commission and Banking Department, and for other purposes.
By Mr. Roberts of MuscogeeHouse Bill No. 376. A bill to be known as Uniform
Motor Vehicle Operators' and Chauffeurs Act.
By Mr. Gillen of BibbHouse Bill No. 399. A bill to permit Commissioners of
Roads and Revenues and Ordinaries and the Highway
1368
JouRNAL OF THE HousE,.
Department to make expenditures to illuminate certain highways in aid of aviation, and for other purposes.
By Messrs. Beaman, Lindsay, and Leathers of DeKalb, and Eckford of Fulton-
House Bill No. 564. A bill to create a State Memorial Commission, and for other purposes.
By Mr. Bland of Stewart-
House Bill No. 600. A bill to allow the filing and ~ring ing of an action for divorce where both plaintiff and defendant are living in this State at time of filing suit, and for other purposes.
By unanimous consent, the following bills and resolution of the Senate, favorably reported, were read the second time:
By Mr. Williams of the 27th District-
Senate Resolution No. 57. A bill to provide for the celebration of the 200th anniversary of the State of Georgia, and for other purposes.
By Messrs. West of the 11th District and McWhorter of the 50th District-
Senate Bill No. 96. A bill to prescribe conditions and regulations under which common carriers by motor are permitted to operate, and for other purposes.
By Messrs. Duckworth of the 7th District and Perkins of the 17th District-
Senate Bill No.' 98. A bill to regulate expenses of State employees, and for other purposes.
By Mr. Reagan of the 35th District-
Senate Bill No. 128. A bill to amend an Act relating to issuing marriage licenses, and for other purposes.
WEDNESDAY, AuousT 19, 1931.
1369
By Mr. Knabb of the 4th District-
Senate Bill No. 144. A bill to repeal a section of the Code enumerating the persons subject to road duty, and for other purposes.
By unanimous consent, the following bills of the House were read the third time and placed upon their passage:
By Mr. Lewis of Hancock-
House Bill No. 639. A bill to be entitled an Act to amend the charter of the City of Sparta, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Mallard of Charlton-
House Bill No. 640. A bill to be entitled an Act to amend an Act creating a new charter for the City of Folkston, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Clements of TelfairHause Bill No. 631. A bill to be entitled an Act to pro-
vide a new charter for the City of Milan, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
1370
JouRNAL OF THE HousE,
On the passage of the bill, the ayes were 108, nays 0.
The bill having received the requisite constitutional majority was passed.
By JV1essrs. Nelson, Brunson, and Graham of Laurens-
House Bill No. 641. A bill to be entitled an Act to create a new charter for the City of Dublin, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, nays 0. The bill having received the requisite constitutional majority was passed.
By unanimous consent, the following bills of the Senate were read the third time and placed upon their passage:
By Mr. Neill of the 24th District-
Senate Bill No. 150. A bill to be entitled an Act to abolish the Muscogee Asylum for the Poor, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Harris of the 18th District-
Senate Bill No. 164. A bill to be entitled an Act to amend the charter of the City of Louisville, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
WEDNESDAY, AuousT 19, 1931.
1371
On the passage of the bill, the ayes were 112, nays 0.
The bill having received the requisite constitutional majority was passed.
By unanimous consent, the following bills and resolutions of the Senate were read the first time and referred to the committees:
By Mr. McWhorter of the 50th DistrictSenate Resolution No. 59. A resolution permitting the
Military Department to supplement its appropriations with the unexpended balance of the appropriation for riot duty.
Referred to Committee on Military Affairs.
By Mr. Harris of the 18th DistrictSenate Resolution No. 60. A resolution to abolish
Justice Courts of Richmond County, and for other purposes. Referred to Committee on Amendments to the Constitu-
tion.
By Messrs. Weekes of the 34th District and Fowler of the 39th District-
Senate Resolution No. 61. A resolution nammg an official bird of Georgia, and for other purposes.
Referred to Committee on Game and Fish.
By Messrs. McWhorter of the 50th District, Jackson of the 14th District, and Jones of the 51st District-
Senate Bill No. 41. A bill to create a State Board of Examiners for Contractors, and for other purposes.
Referred to Committee on State of the Republic.
By Mr. McWhorter of the 50th DistrictSenate Bill No. 60. A bill to amend the G'eorgia Motor
Vehicle Law, and for other purposes. Referred to Committee on Public Highways.
By Mr. Evans of the 19th DistrictSenate Bill No. 90. A bill to prohibit life msurance
companies, etc., from agreeing to settle losses under its
1372
JouRNAL OF THE HousE,
contracts of certificates by delivering merchandise or rendering services, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Evans of the 19th District-
Senate Bill No. 91. A bill to make it a misdemeanor for any person, firm or corporation engaged in the life insurance business to receive any compensation directly or indirectly on account of employment of an undertaker, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Messrs. West of the 11th District and McWhorter of the 50th District-
Senate Bill No. 97. A bill to regulate the carriage for hire of persons and property over the highways of this State, and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Mr. Weekes of the 34th District-
Senate Bill No. 112. A bill to amend an Act regulating fraternal benefit societies, and for other purposes.
Referred to Committee on General Judiciary No.1.
By Mr. Beck of the 37th District-
Senate Bill No. 122. A bill to amend the Code relative to punishment for the abandonment of child, and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Mr. Reagan of the 35th District-
Senate Bill No. 129. A bill to amend the Constitution as to the number of Senators and Senatorial Districts, and for other purposes.
WEDNESDAY, AUGUST 19, 1931.
1373
Referred to Committee on Amendments to the Constitution.
By Mr. Duckworth of the 7th District-
Senate Bill No. 132. A bill to amend the Constitution as to the first term of the Supreme Court and Court of Appeals, and for other purposes.
Referred to Committee on Amendments to the Constitution.
By Messrs. Harris of the 18th District and Perkins of the 17th District-
Senate Bill No. 143. A bill to create the Savannah River Navigation Commission, and for other purposes.
Referred to Committee on Amendments to the Constitution.
By Mr. Watson of the 3rd District and others-
Senate Bill No. 145. A bill to amend an Act creating the State Board of Public Welfare, and for other purposes.
Referred to Committee on State of the Republic.
By Mr. Courson of the 16th District-
Senate Bill No. 147. A bill to provide for the use of wooden and wire fish baskets in certain counties in this State, and for other purposes.
Referred to Committee on Game and Fish.
By Mr. Tippins of the 49th District-
Senate Bill No. 156. A bill to repeal a section of the Code enumerating the persons subject to road duty in Georgia, and for other purposes.
Referred to Committee on Railroads.
1374
JouRNAL oF THE HousE,
By Mr. Reagan of the 35th District-
Senate Bill No. 162. A bill to amend an Act increasing the fees of coroners in certain counties, and for other pur. poses.
Referred to Committee on Counties and County Matters.
By Mr. Watson of the 3rd District-
Senate Bill No. 165. A bill to prevent the abatement of causes of action ex delicto where the tort feasor dies before commencement of suit thereon, and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Mr. Neisler of the 23rd District-
Senate Bill No. 167. A bill to repeal an Act regulating the grading and marking of peaches and apples in closed packages, and for other purposes.
Referred to Committee on General Agriculture No. 1.
By Mr. Reagan of the 35th District-
Senate Bill No. 173. A bill to authorize the Board of County Commissioners of Roads and Revenues in certain counties to supplement funds of any independent Board of Education out of funds in such county treasury provided that such sums are not derived from taxation, and for other purposes.
Referred to Committee on Counties and County Matters.
By :Messrs. Hand of the 8th District and West of the 11th District-
Senate Bill No. 166. A bill to amend an Act providing a Georgia System of State Roads, and for other purposes.
Referred to Committee on Public Highways.
WEDNESDAY, AucusT 19, 1931.
1375
Under the order of business established by the Rules Committee, the following bills and resolutions of the House and Senate were taken up for consideration and read the third time:
By Mr. Reagan of the 35th District-
Senate Resolution No. 50. A resolution that the modified contract of the Western & Atlantic Railroad Commission in respect to improvements on the present depot site, be ratified, approved, and confirmed, and for other purposes.
On Senate Resolution No. 50, Mr. Key of Jasper moved the previous question.
The motion prevailed, and the main question was ordered.
The following amendment was read and adopted:
Mr. Meredith of.Muscogee moves to amend Senate Resolution No. 50 by adding thereto, at the end of the last paragraph thereof, and to become a part of said paragraph, the following:
Provided, that if there is in said original or modified contracts any stipulation or agreement or covenant that would in any event or manner, in any way, cancel or impede or interfere with the unimpaired right of the State of Georgia, at or upon the termination of its present lease of the Western & Atlantic Railroad to the Nashville, Chattanooga & St. Louis Railway, to lease or release to any lessee, or to take possession of, the \Vestern & Atlantic Railroad properties, as set forth in Section Two (2) of the Act of the General Assembly of the State of Georgia, approved August 24, 1929, creating the Western & Atlantic Railroad Commission and defining its powers, subject only to existing rights of the warehouse lessee of said depot site, then any such stipulation, agreement or covenant is not hereby approved and ratified.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.
1376
JouRNAL OF THE HousE,
On the adoption of the resolution as amended, the ayes were 108, nays 3.
The resolution having received the requisite constitutional majority was adopted as ame.nded.
By Mr. Beck of the 37th District-
Senate Bill No. 52. A bill to be entitled an Act to amend the Constitution by providing for assumption by the State of Georgia ofthe indebtedness of the several counties, and for other purposes.
On Senate Bill No. 52, Mr. Beaman of DeKalb moved the previous question.
Mr. Stewart of Coffee moved to table Senate Bill No. 52, and the motion was lost.
The motion for the previous question prevailed, and the main question was ordered.
The following House Committee substitute to Senate Bill No. 52 was read:
House Committee substitute to Senate Bill No. 52.
A BILL
To be entitled an Act to submit to the qualified voters of Georgia an amendment to Paragraph One, Section Eight of Article Seven of the Constitution of Georgia, by providing for the assumption by the State of Georgia of the indebtedness of the several counties of the State and the Coastal Highway District heretofore incurred for the construction and/or paving of the public roads or highways of the State which have become a part of the State Aid Roads of the Highway System of Georgia, to define said indebtedness; to provide for the method of payment of the said indebtedness; to authorize the General Assembly to enact laws to render effectual the foregoing provisions; and for other purposes.
WEDNESDAY, AuGUST 19, 1931.
1377
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 Paragraph One of Section Eight of Article Seven of the Constitution of this State is hereby amended by adding at the end of said paragraph the following: "Provided, however, that all indebtedness of the several counties of this State as well as that of the Coastal Highway District and the assessments made against the counties of said district, heretofore incurred for the construction and/or paving of the public roads or highways (including bridges) of the State; as contemplated and defined by Article Six, Section One of the Act approved August 18, 1999, as said section appears on page 252 of the Georgia Laws of 1919, which were a part of the State Aid roads of the highway system of Georgia, and said work was done under the supervision of the Highway Department, is hereby assumed by the State of Georgia as an indebtedness of the State. The word 'indebtedness' as used herein shall include the actual cost of the construction and/or paving by any county of the State as well as any highway district created by law of any public road or highway (also bridges) expended under the supervision of the State Highway Department. And provided further, that the indebtedness of the aforesaid political subdivisions of this State shall be evidenced by the certificates of indebtedness issued, or to be issued, by the State Highway Department of Georgia for the cost of the construction andjor paving by any county of the State as well as any highway district created by law, of any public road or highway (also bridges); and provided further, that such construction andjor paving was done or contract or agreement made for same to be done prior to September 1, 1931. And provided further, that said indebtedness as evidenced by said certificates of indebtedness of the Highway Department shall be paid without interest thereon solely out of the revenues and/or taxes levied, assessed and allocated to the State Highway Department of Georgia or to any department which by law may be made the successor of the Highway Department for
1378
JouRNAL OF THE HousE,
the public roads and highways of the State Aid system of roads and highways, and such payment to be made at the rate of not less than ten per cent. per annum of the total of such outstanding indebtedness, and such payment to begin March 25, 1936, and to continue annually thereafter until all of such outstanding indebtedness shall have been paid. The General Assembly of the State of Georgia is hereby vested with authority to enact laws for the purpose of effectually carrying out the foregoing provisions," so that when said paragraph of said section of said article shall have been amended it will read as follows:
Paragraph 1. The State shall not assume the debt, nor any part thereof of any county, municipal corporation or political subdivision of the State, unless such debt be contracted to enable the State to repel invasion, suppress insurrection or defend itself in time of war; provided, however, that all indebtedness of the several counties of this State as well as that of the Coastal Highway District and the assessments made against the counties of said district, heretofore incurred for the construction and/or paving of the public roads or highways (including bridges) of the State as contemplated and defined by Article Six, Section One, of the Act approved August 18, 1919, as said section appears on page 252 of the Georgia Laws of 1919, which were a part of the State Aid roads of the Highway System of Georgia, and said work was done under the supervision of the Highway Department, is hereby assumed by the State of Georgia as an indebtedness of the State. The word 'indebtedness' as used herein shall include the actual cost of the construction and/or paving by any county of the State as well as any highway district created by law of any public road or highway (also bridges) expended under the, supervision of the State Highway Department. And provided further, that the indebtedness of the aforesaid political subdivisions of this State shall be evidenced bv certificates of indebtedness issued, or to be issued by the St~te Highway Department of Georgia for the cost of the construction and/
WEDNESDAY, AuousT 19, 1931.
1379
or paving by any county of the State as well as any highway district created by law, of any public road or highway (also bridges); and provided further that such construction and/or paving was done or contract or agreement made for same to be done prior to Septemher 1, 1931. And provided further, that said indebtedness as evidenced by said certificates of indebtedness of the Highway Department shall be paid without interest thereon solely out of the revenues and/or taxes levied, assessed and allocated to the State Highway Department of Georgia or to any department which by law may be the successor of the Highway Department for the public roads and highways of the State Aid system of roads and highways, and such payment to be made at the rate of not less than ten per cent. per annum of the total of such outstanding indebtedness, and such payment to begin March 25, 1936, and to continue annually thereafter until all of such outstanding indebtedness shall have been paid. The General Assembly of the State of Georgia is hereby vested with authority to enact laws for the purpose of effectually carrying out the foregoing provisions.
Sec. 2. Be it further enacted by the authority aforesaid, that whenever the above proposed amendment to the Constitution of this State shall be agreed to by two-thirds of the members elected to each of the Houses of the General Assembly, and the same has been entered upon their journals with the "Ayes" and "Nays" taken thereon, the Governor shall, and he is hereby authorized and directed to, cause the above proposed amendment to be published in one or more newspapers in each Congressional District in this State for the period of two months next preceding the time of the holding of the next general election; and the Governor is hereby authorized and directed to provide for the submission of the amendment proposed for ratification or rejection to the electors of the State at the next general election to be held after said publication, at which election every person shall be qualified to vote who is entitled to vote for members of the General Assembly. All persons
1380
JouRNAL OF THE HousE,
voting at such election in favor of adopting said proposed amendment shall have written or printed on their ballots "For Amendment to Paragraph One, Section Eight of Article Seven of the Constitution providing for assumption by the State of Georgia of the indebtedness incurred by counties and the Coastal Highway District for the construction and/ or paving of public roads or highways of the State which have become a part of the State Aid roads of the Highway System of Georgia." All persons voting at such election against the adoption of said proposed amendment shall have written or printed on their ballots the words "Against Amendment to Paragraph One, Section Eight of Article Seven of the Constitution providing for the assumption by the State of Georgia of the indebtedness incurred by counties and the Coastal Highway District for the construction and/or paving of the public roads or highways of the State which have become a part of the State Aid roads of the Highway System of Georgia." If a majority of the electors qualified to vote for members of the General Assembly voting thereon, shall vote for ratification, the Governor shall, 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 election for members of the General Assembly to count and ascertain the result, issue his proclamation for one insertion in one daily paper of this State, announcing such result and declaring the amendment ratified.
Senate Bill No. 52. By Mr. Beck of the 37th District-
A BILL
The General Assembly of the State ofGeorgia proposes to the people of said State an Act to b~ entitled an Act to amend Paragraph One, Section Eight of Article Seven of the Constitution of Georgia, by providing for the assumption
WEDNESDAY, AUGUST 19, 1931.
1381
by the State of Georgia of the indebtedness of the several counties of the State and the Coastal Highway District heretofore incurred for the construction and/or paving of the public roads or highways of the State which have become a part of the State Aid roads of the Highway System of Georgia, to define said indebtedness; to provide for the method of payment of the said indebtedness; to authorize the General Assembly to enact laws to render effectual the foregoing provisions;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 Paragraph One, of Section Eight of Article Seven of the Constitution of this State is hereby amended by adding at the end of said paragraph the following: "Provided, however, that all indebtedness of the several counties of this State as well as that of the Coastal Highway District and the assessments made against the counties of said district, heretofore incurred for the construction and/or paving of the public roads or highways (including bridges) of the State; as contemplated and defined by Article Six, Section One of the Act approved August 18, 1919, as said section appears on page 252 of the Georgia Laws of 1919, which are a part of the State Aid roads of the highway system of Georgia, and said work was done under the supervision of the Highway Department, is hereby assumed by the State of Georgia as an indebtedness of the State. The word 'indebtedness' as used herein shall include the actual cost of the construction and/or paving by any county of the State as well as any highway district created by law of any public road or highway (also bridges) expended under the supervision of the State Highway Department. And provided further, that the indebtedness of the aforesaid political subdivisions of this State shall be evidenced by the certificates of indebtedness issued, or to be issued, by the State Highway Department of Georgia for the cost of the construction and/or paving by any county of the State as well as any highway district created by law,
1382
JouRNAL OF THE HousE,
of any public road or highway (also bridges); and provided further, that such construction and/or paving was done or contract or agreement made for same to be done prior to September 1, 1931. And provided further that said indebtedness as evidenced by said certificates of indebtedness of the Highway Department may be paid out of the revenue and/or taxes levied, assessed and allocated to the State Highway Department of Georgia for the public roads and highways of the State Aid System of roads and highways. The General Assembly of the State of Georgia is hereby vested with authority to fix the time and method of payment, and may provide such payment be made by the said Highway Department from funds as herein specified and to enact laws for the purpose of effectually carrying out the foregoing provisions," so that when said paragraph of said section of said article shall have been amended it will read as follows:
Paragraph 1. The State shall not assume the debt, nor any part thereof of any county, municipal corporation or political subdivision of the State, unless such debt be contracted to enable the State to repel invasions, suppress insurrection or defend itself in time of war; provided, however, that all indebtedness of the several counties of this State as well as that of the Coastal Highway District and the assessments made against the counties of said district, heretofore incurred for the construction and/or paving of the public roads or highways (including bridges) of the State as contemplated and defined by Article Six, Section One, of the Act approved August 18, 1919, as said section appears on page 252 of the Georgia Laws of 1919, which are a part of the State Aid roads of the Highway System of Georgia, and said work was done under the supervision of the Highway Department, is hereby assumed by the State of Georgia as an indebtedness of the State. The word 'indebtedness' as used herein shall include the actual cost of the construction and/or paving by any county of the State as well as any highway district created by the law
WEDNESDAY, AUGUST 19, 1931.
1383
of any public road or highway (also bridges) expended under the supervision of the State Highway Department. And provided further, that the indebtedness of the aforesaid political subdivisions of this State shall be evidenced by certificates of indebtedness issued, or to be issued by the State Highway Department of Georgia for the cost of the construction and/or paving by any county of the State as well as any highway district created by law, of any public road or highway (also bridges); and provided further, that such construction and/or paving was done or contract or agreement made for same to be done prior to September 1, 1931. And provided further, that said indebtedness as evidenced by said certificates of indebtedness of the Highway Department may be paid out of the revenue and/or taxes levied, assessed and allocated to the State Highway Department of Georgia for the public roads and Highways of the State Aid System of Roads and Highways. The General Assembly of the State of Georgia is hereby vested with authority to fix the time and method of payment, and may provide such payment be made by the Highway Department from funds as herein specified and to enact laws for the purpose of effectually carrying out the foregoing provisions.
Sec. 2. Be it further enacted by the authority aforesaid, that whenever the above proposed amendment to the Constitution of this State shall be agreed to by two-thirds of the members elected to each of the Houses of the General Assembly and the same has been entered upon their journals with the "Ayes" and "Nays" taken thereon, the Governor shall, and he is hereby authorized and directed to, cause the above proposed amendment to be published in one newspaper in each Congressional District in this State for the period of two months next preceding the time of the holding of the next general election; and the Governor is hereby authorized and directed to provide for the submission of the amendment proposed for ratification or rejection to the electors of the State at the next general election to be held after said publication, at which election every per-
1384
JOURNAL OF THE HousE,
son shall be qualified to vote who is entitled to vote for members of the General Assembly. All persons voting at such election in favor of adopting said proposed amendment shall have written or printed on their ballots "For Amendment to Paragraph One, Section Eight of Article Seven of the Constitution providing for assumption by the State of Georgia of the indebtedness incurred by counties and the Coastal Highway District for the construction and/or paving of public roads or highways of the State which have become a part of the State Aid Roads of the Highway System of Georgia."
All persons voting at such election against the adoption of said proposed amendment shall have written or printed on their ballots the words "Against Amendment to Paragraph One, Section Eight of Article Seven of the Constitution providing for the assumption by the State of Georgia of the indebtedness incurred by counties and the Coastal Highway District for the construction and/or paving of the public roads or highways of the State which have become a part of the State Aid Roads of the Highway System of Georgia." If a majority of the electors qualified to vote for members of the General Assembly voting thereon, shall vote for ratification, the Governor shall, when he ascertain 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 election for members of the General Assembly to count and ascertain the result, issue his proclamation for one insertion in one daily paper of this State, announcing such result and declaring the amendment ratified.
The following amendments were read and adopted: Amendment to House substitute for Senate Bill No. 52:
By Mr. Moye of Randolph-
1st. By adding after the words "foregoing provisions" in the 35th line of Section 1 on page 2 of the printed bill the following, "and the provisions of existing laws with refer-
WEDNESDAY, AUGUST 19, 1931.
1385
ence to the preferential construction by the Highway Department of highways from county site to county site."
2nd. By adding after the. words "foregoing provisions" in the 71st line of Paragraph 1 of Section 1 on page 3 of the printed bill the following: "and the provisions of existing laws with reference to the preferential construction by the Highway Department of highways from county site to county site."
Amendment to House Committee substitute to Senate Bill No. 52:
By Mr. Davis of Mitchell-
Amend said House Committee substitute to Senate Bill No. 52 by striking from Section 1 thereof as well as from Paragraph 1 of said Section 1 the following words "Provided however that all indebtedness of the several counties of this State as well as that of the Coastal Highway District and the assessments made against the counties of said district," and inserting in lieu thereof the following words "Provided, however, that all indebtedness contracted by and through the State Highway Department for and on behalf of the State of Georgia and due to the several counties of this State as well as to the Coastal Highway District and the counties of said district."
The substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.
The bill involving an amendment to the Constitution, _the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Allen
Almand Arnold Arrington
Ashley Atwood Awtrey
1386
JouRNAL OF THE HousE,
Bargeron Barrett Battle Beaman Bean Beasley Bennett of Bacon Brannen Brown Brunson Bunn Burton Bush Cain Cannon Carlisle of Bibb Carlisle of Grady Cartledge Chalker Chambers Childs Clark Cochran Collier Colson Courson Cozart Crawford Crowe Davis of Floyd Davis of Jackson Davis of Mitchell Davis of Troup Dixon Donaldson Dorsett Duncan Eckford Edwards of Stephens Elliott Fagan Franklin Fraser Freeman Gillen Graham
Grayson
Morris
Greer
Moye
Griffeth
Musgrove
Griffin of Decatur MYriCk
Griffin of Wilkes
Nelson of Cook
Gullatt
Nelson of Laurens
Hampton
Oliver
Hardin
Osteen
Harris
Pace
Harrison of Camden Park
Hawes
Peebles
Hodges
Phillips
Horne
Pittard
Howard of Chatt'h'cheePope
Hubbard of HabershamPowell
Huddleston
Preston
Hutcheson
Purdy
Hyman
Purvis
Irvin
Rabun
James
Rivers
Johnson of MontgomeryRoberts
Johnson of Pike
Ross of Appling
Johnson of Seminole Rosser
Jones of Burke
Sammon
Kennedy
Scarbrough
Key
Shirley
Killebrew
Simmons
Kimbrough
Sisk
Kimsey
Skelton
King of Newton
Spivey
Lance
Stanton
Lanham
Still
Lanier
Stone
Lester
Strickland of Douglas
Lewis of Hancock
Strickland of Haralson
Lindsay
Sutton
Lord
Taylor
McElreath
Thomas
McKoy
Thomoson
McLeod
Thompson
McWhorter
Townsend
Mardre
Turner
Mattox
Waldrop
Meredith
Walker of Ben Hill
Mixon
Walker of Brooks
Mooty
Walker of Morgan
WEDNESDAY, AuGUST 19, 1931.
1387
Wall Weeks
Westbrook Williams
Wood Yawn
Those voting in the negative were Messrs.:
Andrews Bland Clements of Marion Cowart Culpepper of Echols Culpepper of Fayette Evans Gary Green Harrison of Jenkins Hatcher Holt
Howard of Long
Patten
Hubbard of Wilkinson Robertson
Jones of Paulding Sharpe
King of Clay
Sims
Leathers
Stewart
Logan
Swain
McGehee
Trapnell
McRae
Trotter
Mercer
Walker of Screven
Montgomery
Whittle
Mundy
Wilson
Parham
Those not voting were Messrs.:
Bennett of Jeff Davis Johnston
Clements of Telfair Jones of Lumpkin
Cullens
Lewis of Gordon
Dykes
Mallard
Edmondson
Maynard
Edwards of Gilmer Paulk
Edwards of Lowndes
The roll call was verified.
Ross of Dodge Seckinger Tate Tippins Wilkes Mr. Speaker
On the passage of the bill by substitute as amended, the ayes were 153, nays 35.
The bill having received the requisite two-thirds constitutional majority was passed by substitute as amended.
Mr. Myrick of Chatham moved that the bill be Immediately transmitted to the Senate.
On the motion to immediately transmit, the ayes were 101, nays 3, and the motion prevailed.
Mr. Nelson of Cook moved that when the House adjourn, it stand adjourned until 3:00 o'clock this afternoon, and the motion prevailed.
1388
JouRNAL OF THE HousE,
The following resolutions of the House were read and adopted:
By Messrs. Davis of Mitchell, Culpepper of Floyd, Alexander of Chatham, and others-
House Resolution No. 116.
Be it resolved by the House of Representatives that the thanks of the House be extended to the Hon. Tom Wisdom, State Auditor, and staff for their efficient services to the committees and members of this House in furnishing them reliable information on the affairs of the State Government.
Be it further resolved, that he be commended for his fidelity to duty in the administration of the Department of Audits.
Be it further resolved that the Clerk of the House forward to the State Auditor a copy of this resolution.
By Messrs. McElreath of Bartow and Alexander of Chatham-
House Resolution No. 115.
Whereas, Hon. Orlando Awtrey;a Representative from the County of Cobb, has been a member of the House of Representatives for the years of 1927, 1928, 1929, 1930 and 1931, during which time he has attended three regular sessions and one extraordinary session of this House, and
Whereas, for and during the entire period of his service in this body Mr. Awtrey has never missed a session, has never been absent from a roll call and has voted upon every measure passed upon by this House during the four sessions which he has attended.
Therefore, be it resolved by the House of Representatives of the General Assembly of Georgia, that these faithful services unselfishly performed by Mr. Awtrey are so outstanding as to deserve the highest commendation and ap-
WEDNESDAY, AucusT 19, 1931.
1389
proval of the membership of this House, and the people of Georgia.
By Messrs. Beaman of DeKalb and Chalker of Pulaski-
House Resolution No. 114.
Whereas, it has come to the attention of the House of Representatives that Hon. E. B. Dykes, of Dooly County, is sick and unable to attend the meeting of this Body, and
Whereas, the inability of said Hon. E. B. Dykes to be present is a disappointment to the House,
Be it resolved that the sympathy of the House be extended to said Hon. E. B. Dykes with hopes for his speedy recovery and that the Clerk send him a copy of this resolution.
Privileges of the floor were granted to Hon. A. H. Chappel of Lamar County, Mr. F. D. Thomas of Baldwin County, Hon. B. H. Smith of Coweta County, Hon. F. E. Arrington of Coweta County, Han. H. S. Yates of Coweta County, and Hon. Abit Nix of Clarke County.
Mr. Nelson of Cook moved that the House do now adjourn, and the motion prevailed.
Leave of absence was granted to Mr. Chambers of Forsyth.
The Speaker announced the House adjourned until this afternoon, at 3:00 o'clock.
AFTERNOON SESSION,
3:00 o'clock, P. M.
The House met again at this hour and was called to order by the Speaker.
The roll was called and the following members answered to their names:
1390
JouRNAL OF THE HousE,
Adams
Culpepper of Fayette Irvin
Alexander
Davis of Floyd
James
Allen
Davis of Jackson
Johnson of Montgomery
Almand
Davis of Mitchell
Johnson of Pike
Andrews
Davis of Troup
Johnson of Seminole
Arnold
Dixon
Johnston
Arrington
Donaldson
Jones of Burke
Ashley
Dorsett
Jones of Lumpkin
Atwood
Duncan
Jones of Paulding
Awtrey
Eckford
Kennedy
Bargeron
Edmondson
Key
Barrett
Edwards of Gilmer Killebrew
Battle
Edwards of Stephens Kimbrough
Beaman
Elliott
Kimse:v
Bean
Evans
King of Clay
Beasley
Fagan
King of Newton
Bennett of Bacon
Franklin
Lance
Bennett of Jeff Davis Fraser
Lanham
Bland
Freeman
Lanier
Brannen
Gary
Leathers
Brown
Gillen
Lester
Brunson
Graham
Lewis of Gordon
Bunn
Grayson
Lewis of Hancock
Burton
Green
Lindsay
Bush
Greer
Logan
Cain
Griffeth
Lord
Cannon
Griffin of Decatur McElreath
Carlisle of Bibb
Griffin of Wilkes
McGehee
Carlisle of Grady
Gullatt
McKoy
Cartledge
Hampton
McLeod
Chalker
Hardin
McRae
Chambers
Harris
McWhorter
Childs
Harrison of Camden Mallard
Clark
Harrison of Jenkins Mardre
Clements Of Marion Hatcher
Mattox
Clements of Telfair Hawes
Maynar(j
Cochran
Hodges
Mercer
Collier
Holt
Meredith
Colson
Horne
Mixon
Courson
Howard of Chatt'h'cheeMontgomery
Cowart
Howard of Lotig
Mooty
Cozart
Hubbard of HabershamMorris
Crawford
Hubbard of Wilkinson Moye
Crowe
Huddleston
Mundy
Cullens
Hutcheson
Musgrove
Culpepper of Echols Hyman
M:vrick
WEDNESDAY, AuausT 19, 1931.
1391
Nelson of Cook Nelson of Laurens Oliver Osteen Pace Parham Park Patten Paulk Peebles Phillips Pittard Pope
Powe~l
Preston PurdY Purvis Rabun Rivers Roberts Robertson Ross of Appling Ross of Dodge
Rosser
Thomoson
Sammon
Thompson
Scarbrough
Tippins
Seckinger
Townsend
Sharpe
Trapnell
Shirley
Trotter
Simmons
Turner
Sims
Waldrop
Sisk
Walker of Ben Hill
Skelton
Walker of Brooks
Spivey
Walker of Morgan
Stanton
Walker of Screven
Stewart
Wall
Still
Weeks
Stone
Westbrook
Strickland of Douglas Whittle
Strickland of Haralson Wilkes
Sutton
Williams
Swain
Wilson
Tate
Wood
Taylor
Yawn
Thomas
Mr. Speaker
Under orders of the day, the following bills and resolutions of the House were taken up for consideration and read the third time:
By Mr. Adams of Towns-
House Bill No. 558. A bill to be entitled an Act to impose charges on those who pursue the business of operating motor vehicles on the public highways of this State, and for other purposes.
Mr. Jones of Burke moved the previous question, and the motion prevailed.
. Mr. Stewart of Coffee moved that the House re-consider its action in calling the previous question, and the motion was lost.
The main question was ordered.
1392
JouRNAL oF THE HousE,
The following Committee substitute for House Bill No. 558 was read:
Committee substitute for House Bill No. 558.
A BILL
To be entitled an Act to amend the motor carriers' tax Act approved March 31, 1931 (Ga. Laws Extra Session, 1931, page 63), by repealing Paragraph (G) and (I) of Section 2 thereof and by inserting in lieu thereof provisions for exceptions and exemptions and for defining and prescribing the CAPACITY of buses and trucks, by amending Subsection (4) of Paragraph (A) of Section 2 thereof to permit both intrastate and interstate carriers of passengers for hire to elect to pay the tax on a mileage basis; by providing for the payment of said tax in advance to the Comptroller-General and for the adjustment with the taxpayer and the Comptroller-General of over-payment or under-payments; by repealing Subsection (3) of Paragraph (H) of Section 2; by inserting a provision for the exemption of taxicabs and certain vehicles operating principally within incorporated cities or towns; by prohibiting local or municipal taxation of certain of said motor carriers, and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. That the Motor Carriers' Tax Act, approved March 31, 1931 (Ga. Laws Extra Session, page 63), is hereby amended as follows:
Sec. 2. Paragraph (G) of Section 2 of said Motor Carriers' Tax Act is hereby repealed and the following paragraph is hereby enacted in lieu thereof:
"G. The tax laid herein shall not apply to motor vehicles engaged exclusively in the transportation of agricultural, dairy and/or horticultural products from the farm to the market, or gin, or warehouses or mill
WEDNESDAY, AuGUST 19, 1931.
1393
where the combined weight of the vehicles and load does not exceed 20,000 pounds. Agricultural products as used herein shall be construed to include cotton, corn, fertilizer, dairy supplies, fruit, live-stock, lumber, meats, eggs, poultry, naval stores,.products of orchards or groves, timber when transported from the forest to the mills or primary place of manufacturer, and fish and oysters when transported from the primary place of capture to the market. The tax shall not apply to the carriers of household goods and supplies to be used for farm purposes when being carried to or from the farm."
Sec. 3. Paragraph (1) of Section 2 is hereby repealed, and the following Paragraph (1) is hereby enacted in lieu thereof:
(1) The above mentioned rates of taxes shall apply
only to motor vehicles having pneumatic tires; and
where such motor vehicles have solid tires the tax shall
bedoubletheamountstated. A trailer shall be considered
as a separate vehicle, and the tax shall be applicable, to
it, as well as to the other motor vehicles. The passenger-
carrying capacity of a vehicle shall mean, as to passenger
vehicles, the normal carriage capacity of such vehicles;
and if any carrier of passengers desires to carry more
than the normal capacity, it shall be so stated in the
application.
In case of freight-carrying vehicles, the capacity shall be the manufacturer's rated capacity; or if it be a vehicle as to which there is no manufacturer's rated capacity, its capacity as verified to the satisfaction of the Comptroller-General. If a vehicle shall carry a passenger beyond its rated capacity, as stated in the application, it shall be made the duty of the owner or operator of such vehicle immediately to report the carrying of such excess passenger or passengers to the ComptrollerGeneral, and to pay the additiGnal tax on the same.
1;)94
JouRNAL OF THE HousE,
In the case of vehicles carrying goods, the words "rated capacity" mean the manufacturer's rated capacity, unless the applicant at the time of paying the tax named a higher rated capacity, or if it be a vehicle as to which there is no manufacturer's rated capacity, its capacity shall be verified to the satisfaction of the ComptrollerGeneral; and if any motor carrier shall carry goods beyond the capacity stated in the application to the Comptroller-General, he shall pay the tax that would be paid if he had truly stated the capacity according to the load as actually carried, and it shall be the duty of such motor carrier or operator of the motor vehicle immediately to report the same to the ComptrollerGeneral and to pay the additional tax thereon."
Sec. 4. By amending Subsection (4) of Paragraph (A) of Section 2 by inserting after the words "interstate" in the first line thereof, the words "or intrastate" and by striking the last sentence from said Subsection (4). So that said Subsection (4) of Paragraph (A) of Section 2 when so amended, shall read as follows:
"(4) If the common carrier be engaged in the interstate or intrastate commerce and does not desire to engaged in business in this State on the basis stated above, such common carrier shall, before operating any passenger-vehicles over the highways of this State, make application to the Comptroller-General, giving the information as stated above and stating the trip or trips he proposes to make in this State, and shall
pay a tax to the Ccmptroller-General of U cent per
mile for each mile involved in such trip or trips for each bus or vehicle weighing less than 5,000 pounds and with a passenger-carrying capacity of not exceeding 7 passengers, 1 cent per mile for each bus or vehicle weighing more than 5,000 pounds but not more than 12,000 pounds and with a passenger-carrying capacity of not exceeding 10 passengers, and 1U cents per mile for each mile for each bus or vehicle weighing more than
WEDNESDAY, AucusT 19, 1931.
1395
12,000 pounds and having a passenger-carrying capacity of more than 10 passengers."
Sec. 5. By adding to said Act the following paragraph to be known as Paragraph (J-3) of Section 2:
"(.J-3) All of said tax shall be paid to the ComptrollerGeneral in advance, that is, at the time said application is filed. If at the time said application is filed, applicant and the Comptroller-General cannot accurately and exactly calculate the amount of said tax to be paid by the applicant, then the applicant shall pay an advance payment, the highest amount of tax which it is estimated by the Comptroller-General that applicant would be liable for under said Act for the ensuing quarter, which said amount shall at the end of the quarter be accredited to the applicant and the difference between said amount so paid in advance, and the correct amount of tax shall be adjusted by the Comptroller-General with the applicant."
Sec. 6. Subparagraph (3) of Paragraph (H) of Section 2 is hereby repealed and the following paragraphs are hereby enacted in lieu thereof:
"(3) To taxicabs which are operated principally within incorporated cities or towns, but which may in the prosecution of their regular business, go beyond the limits of the city or town in which they operated, but not more than five miles beyond such limits, nor in such manner that the major portion of their carriage from a standpoint of mileage is outside of such limits.
"(3A) To trucks of baggage and/or transfer companies which are operated principally within the incorporated limits of cities or towns, but which may, in the prosecution of their regular business, not more than an average of once a week in any one quarter, go beyond the limits of the city or town in which they operate, nor in such manner that the major portion of
1396
JouRNAL OF THE HousE,
their carriage from a standpoint of mileage IS outside of such limits."
Sec. 7. By adding to said Act the following sections to be known as Sections 17, 18, and 19:
Sec. 17. No county, municipal nor other political subdivisions of this State shall, except as provided hereinafter, impose any registration, license nor occupation tax or fee of any kind upon any motor carrier who is required to pay and who pays the tax as provided for in this Act, except in cases where the major portion of the carriage of such motor carrier from a standpoint of mileage is done within the limits of a single city or town.
Sec. 18. A carrier may register with the ComptrollerGeneral additional vehicles, giving the name, style, and such other information as the Comptroller-General may require, which shall be known as emergency vehicles, which the carrier proposes to use in substitution for a vehicle on which the tax is paid, in the event such vehicle becomes disabled or is for other good reason unable to make the trips specified or included in the tax. The ComptrollerGeneral under regulations to be made by him, may, upon payment of a fee of $5.00 per vehicle for such emergency vehicle, issue an emergency license authorizing such vehicle or vehicles to be operated in lieu of the vehicle or vehicles on which the tax has been paid and the emergency license shall be attached to such emergency vehicle in like manner as the tax receipt is required to be attached to the regular vehicles. If such emergency vehicle is used otherwise than in substitution for one of the vehicles specified, or used in any wise in the facilitation of carriage on which the tax is not paid, or in evasion of violation of this law, it shall be subject to tax, at double the same rate which would normally apply to such a vehicle on an annual basis; and the bond or deposit made with the Commission shall be liable therefor. A common carrier of passengers, who has paid the tax, but who by reason of disabling of this vehicle, or other similar emergency is unable to deliver
WEDNESDAY, AuGUST 19, 1931.
1397
the passengers he is carrying in a tax-paid vehicle to scheduled destination may arrange for their carriage in other vehicles or by the persons without either the carrier or the persons hired to deliver the passengers to destination being liable for any additional tax or penalty therefor.
Sec. 19. The provisions of all of the sections of said Act approved March 31, 1931, which are not repealed or superseded hereby are re-enacted, provided, never.:heless, that if to give force and effect to the exceptions, stated above or any of them or to any of the exceptions or exemptions contained in said original Act approved March 31, 1931, would be to render said Act or this amendment violative of the Constitution of this State or of the United States, or otherwise to invalidate it, then the ptovision or provisions making such exception or exemption shall be held to be null and of no effect and the Act as amended shall be enforced as if no such exemption or exceptions had been made.
The following amendments were read and adopted:
Mr. Davis of Mitchell moves to amend Paragraph 9 of Section 2 of Committee substitute for House Bill No. 558, by adding to the first sentence thereof and to become a part of said sentence, substituting a comma for petiod, the following: "And from market or other points and places mentioned in said sentence to farms."
Mr. King of Newton moves to amend Committee substitute to House Bill No. 558 and Section 6, Subparagraph 3 thereof by striking the word "five" and inserting in lieu thereof, the word "fifteen."
Mr. Lance of Hall moves to amend Committee substitute for House Bill No. 558 by providing that carriers, both buses and trucks who have paid the tax for the full year of 1931 under the Act which is amended shall not be required under this amended Act, to pay any additional tax for the year 1931.
1398
JouRNAL oF THE HousE,
Messrs. Trapnell of Candler and Carlisle of Bibb move to amend Committee substitute for House Bill No. 558 as follows:
(1) By inserting at the beginning of Section 7, between the numeral "7" and the word "by," the following words, to-wit: "By renumbering Section 17 of the original Act so as to read 'Section 20' and."
(2) By further amending Section 7 of said committee substitute which adds to the original Act, approved March 31, 1931, new sections numbered 18, 19, and 20, so as to change said new section numbers, wherever they appear, to Sections 17, 18, and 19, respectively.
(3) By adding to said Committee substitute a new section to be known as Section 8 which shall read as follows: "Section 8. Paragraph 'L' of 'Section 2' of said Act, approved March 31, 1931, is hereby repealed and the following paragraph is hereby enacted in lieu thereof:
"(L) When a vehicle is engaged in the carriage of both passengers and goods (other than ordinary baggage of passengers and United States Mail) it shall be classed as a passenger vehicle, or as a vehicle carrying goods, according to whether the carrying of passengers or the carrying of goods predominates from a standpnint of revenue; provided, none of the provisions of this Act shall apply to R. F. D. carriers or star-route carriers engaged in carrying the United States Mail and who are permitted to carry passengers, not exceeding five; provided, further, that none of the provisions of this Act shall apply to carriers operating under franchise of the United States Government and under the regulations and supervision of said United States Government and solely between any point in this State and a military reservation within this State of said Government."
(4) By amending the caption of said Committee substitute so as to add a semicolon after the word "carriers," in the last line of said caption, and so as to insert after said semicolon and before the word "and," the following: "By
WEDNESDAY, AUGUST 19, 1931.
139n
repealing Paragraph 'L' of Section '2' and inserting in lieu thereof provisioas for classifying a vehicle as a carrier of passengers or a carrier of goods."
By adding to said Committee substitute a repealing clause to be known as Section 10 and to read as follows:
"Section 10. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed.
The substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.
On the passage of the bill by substitute as amended, the ayes were 119, nays 10.
The bill having received the requisite constitutional majority was passed by substitute as amended.
Mr. Nelson of Cook moved that when the House adjourn, it stand adjourned until 7:30 o'clock tonight, and the motion prevailed.
Mr. Jones 6f Burke moved that House Bill No. 558 be immediately transmitted to the Senate; the motion prevailed and House Bill No. 558 was immediately transmitted to the Senate.
Mr. Taylor of Washington moved that the House do now adjourn, and the motion was lost.
Mr. McRae of Fulton moved that the House reconsider its action in failing to pass House Bill No. 79, and the Speaker ruled the motion out of order.
Mr. McRae of Fulton appealed from the decision of the Chair, and the appeal was lost.
By Messrs. Mixon of Irwin, Cochran of Thomas, and others-
1100
JouRNAL OF THE HousE,
House Resolution No. 100-634b. A resolution providing for the appointment of a committee to rewrite the School Code of Georgia.
By unanimous consent, the previous question was called, and the main question was ordered.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 104, nays 1.
The resolution having received the requisite constitutional majority was adopted.
Mr. Carlisle of Bibb moved that the House do now adjourn, and the motion was lost.
By Messrs. Maynard of Sumter and Allen of Baldwin-
House Bill No. 49. A bill to be entitled an Act proposing an amendment to the Constitution of Georgia, and for other purposes, and known as the "Burgin Bill."
Mr. Allen of Baldwin moved that further. consideration of House Bill No. 49 be postponed until tomorrow morning, and the motion prevailed.
By Mr. Lindsay of DeKalb-
House Bill No. 577. A bill to be entitled an Act to amend the Civil Code of 1910 by providing for residence of County School Superintendents, aqd for other purposes.
On House Bill No. 577, Mr. Cochran of Thomas moved the previous question.
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.
WEDNESDAY, AuGUST 19, 1931.
1401
On the passage of the bill, the ayes were 109, nays 3.
The bill having received the requisite constitutional majority was passed.
By unanimous consent, the bill was immediately transmitted to the Senate.
Mr. Lance of Hall moved that the House do now adjourn, and the motion was lost.
By Mr. Lindsay of DeKalb-
House Bill No. 200. A bill to be entitled an Act to amend the School Code of the laws of the State of Georgia, approved August 19, 1919, and for other purposes.
On House Bill No. 200 Mr. Bean of Carroll moved the previous question.
The motion prevailed, and the main question was ordered.
The following amendment was read and adopted:
Mr. Davis of Mitchell moves to amend House Bill No. 200 as follows:
By adding to paragraph and/or said Section 147 of Section 1, the following:
Provided that this Act shall not disqualify registered, qualified voters residing in the limits of a quasi independent school district from voting in any election for Superintendent of Schools of said county or County School Superintendent.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill as amended, Mr. Lindsay of DeKalb moved the ayes and nays, and the call was sustained.
The roll call was ordered and the vote was as follows:
1402
JouRNAL oF THE HousE,
Those voting in the affirmative were Messrs.:
Adams Alexander Allen Andrews Arnold Atwood Awtrey Bargeron Battle Beaman Bean BeasleY Bennett of Bacon Bland Brannen Brown Burton Bush Cain Cannon Carlisle of Bibb Carlisle of Grady Cartledge Cochran Colson Courson Cozart Crawford Davis of Floyd Davis of Jackson Davis of Mitchell Davis of Troup Dixon Donaldson Dorsett Eckford Elliott Fagan Franklin
Fraser
Moye
Freeman
Mundy
Grayson
Musgrove
Green
Myrick
Griffeth
Nelson of Cook
Griffin of Decatur Nelson ot Laurens
Griffin of Wilkes
Osteen
Gullatt
Parham
Harris
Park
Harrison of Jenkins Patten
Hatcher
Phillips
Hawes
Pope
Howard of Chatt'h'cheeRivers
Howard of Long
Roberts
Hubbard of HabershamRobertson
Huddleston
Rosser
Hutcheson
Sharpe
Hyman
Shirley
Johnson of MontgomerySimmons
Johnson of Pike
Spivey
Johnson of Seminole Still
Key
Strickland of Douglas
Kimbrough
Strickland of Haralson
Kimsey
Swain
King of Newton
Thomas
Lanham
Townsend
Lanier
Trapnell
Leathers
Turner
Lester
Waldrop
Lewis of Gordon
Walker of Brooks
Lindsay
Walker of Morgan
Lord
Walker of Screven
McGehee
Weeks
Mc'Koy
Westbrook
McLeod
Whittle
McWhorter
Williams
Mallard
Wilson
Mixon
Yawn
Mooty
Those voting in the negative were Messrs.:
Brunson Graham
Hardin Jones of Paulding
McRae
WEDNESDAY, AuGUST 19, 1931.
1403
Mattox Ross of Appling
Sims Sisk
Stewart Sutton
Those not voting were Messrs.:
Almand
Greer
Paulk
Arrington
Hampton
Peebles
Ashley
Harrison of Camden Pittard
Barrett
Hodges
Powell
Bennett of Jeff Davis Holt
Preston
Bunn
Horne
Purdy
Chalker
Hubbard of Wilkinson Purvis
Chambers
Irvin
Rabun
Childs
James
Ross of Dodge
Olark
Johnston
Sammon
Clements of Marion Jones of Burke
Scarbrough
Clements of Telfair Jones of Lumpkin Seckinger
Collier
Kennedy
Skelton
Cowart
Killebrew
Stanton
Crowe
King of Olay
Stone
Cullens
Lance
Tate
Culpepper of Echols Lewis of Hancock
Taylor
Culpepper of Fayette Logan
Thomoson
Duncan
McElreath
Thompson
Dykes
Mardre
Tippins
Edmondson
Maynard
Trotter
Edwards of Gilmer Mercer
Walker of Ben Hill
Edwards of Lowndes Meredith
Wall
Edwards of Stephens Montgomery
Wilkes
Evans
Morris
Wood
Gary
Oliver
Mr. Speaker
Gillen
Pace
By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill as amended, the ayes were 116, nays 11.
The bill having received the requisite constitutional majority was passed as amended.
By unanimous consent, the bill was immediately transmitted to the Senate.
1404
JouRNAL OF THE HousE,
Mr. Talbot of McGehee moved that the House do now adjourn, and the motion prevailed.
Leave of absence was granted to Messrs. Peebles of Bartow and Clark of Catoosa.
The Speaker announced the House adjourned until tonight, at 7:30 o'clock.
NIGHT SESSION,
7:30 o'clock, P. M.
The House met again at this hour and was called to order by the Speaker.
The roll was called and the following members answered to their names:
Adams
Bush
Alexander
Cain
Allen
Cannon
Almand
Carlisle of Bibb
Andrews
Carlisle of Grady
Arnold
Cartledge
Arrington
Chalker
Ashley
Chambers
Atwood
Childs
Awtrey
Clark
Bargeron
Clements of Marion
Barrett
Clements of Telfair
Battle
Cochran
Beaman
Collier
Bean
Colson
Beasley
Courson
Bennett of Bacon
Cowart
Bennett of Jeff Davis Cozart
Bland
Crawford
Brannen
Crowe
Brown
Cullens
Brunson
Culpepper of Echols
Bunn
Culpepper of Fayette
Burton
Davis of Floyd
Davis of Jackson Davis of Mitchell Davis of Troup Dixon Donaldson Dorsett Duncan Eckford Edmondson Edwards of Gilmer Edwards of Stephens Elliott Evans Fagan Franklin Fraser Freeman Gary Gillen Graham Grayson Green Greer Griffeth
WEDNBIDAY, AUGUST 19, 1931.
1405
Or:lffin of Decatur Logan
Ortffin of Wilkes
Lord
GUllatt
l'4aEireath
Rltmpton
McGehee
Hardin
:McKoy
Rlmis
Kc!Leod
Harrison of Camden McRae
Rlmison of Jenki.llll l'4c1Whmter
Hatcher
Mallard
Hawes
-Mardre
Hodges
Mattox
Holt
Mercer
Home
Meredith
Howard of Chatt'h'cheeMixon
Howard of Long
Kontgamer;v
Hubbard of HabershamKooty
Hubbard of Wilkinson Morris
Huddlellton
Koye
Hutcheson
Mundy
H;vman
Musgrove
Irvin
Myrick
James
Melson of Cook
Johnson of MontgomeryNelson of Laurens
Johnson of Pike
Oliver
Johnson of Seminole Ollteen
Johnston
Pace
.Jones of Burke
Parham
Jones of Lumpkin Park
.Jones of Paulding Patten
Kennedy
Paulk
Key
Peeblell
Killebrew
Phillips
~brough
Pittard
Kimse;v
Pope
King of Clay
Powell
King of Newton
Prellton
Lance
Purdy
Lanham
Purvis
Lanier
Rabun
Leathers
Rivers
Lester
Roberts
Lewis of Gordon
Robertson
Lewis of Hancock
Bolls of Appling
Lindsay
Boss of Dodge
Bosaer Sammon ScarbrOugh Seckinger Sharpe Shirley
Simmons S1ms Sisk Skelton Spive;v Stanton Stewart Still Stone Strickland of Douglas Strickland of Haralllon Sutton Swain Tate Taylor Thomas Thomoson Thompson Tippinll
Townsend Trapnell '!):"otter Turner Waldrop Walker of Den Hill Walker of Brooks Walker of l'l!lorpn Walker of Screven Wall Weeks Westbrook Whittle Wilkes Williams Wilson Wood Yawn Mr. Speaker
1406
JouRNAL OF THE HousE,
Mr. Nelson of Cook County, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules recommends the following order for tonight's session:
House Resolution No. 87-576a.
House Resolution No. 89-593a.
House Resolution No. 90-593b.
House Resolution No. 91-593c. House Resolution No. 92-593d.
House Resolution No. 93-593e.
House Resolution No. 104-638a. House Bill No. 470.
House Bill No. 397.
House Bill No. 398.
House Bill No. 542. House Bill No. 614. House Bill No. 522. House Bill No. 523. House Bill No. 537. House Bill No. 473. House Bill No. 313. Your committee recommends that the Speaker be authorized to call up any other similar bills or resolutions at his discretion.
Respectfully submitted, NELSON of Cook, Vice-Chairman.
WEDNESDAY, AuousT 19, 1931.
1407
Under the order of business established by the Rules Committee, the following bills and resolutions of the House were taken up for consideration and read the third time:
By Mr. Carlisle of Bibb-
House Resolution No. 87-576a. A resolution to relieve Miss Kate S. Rogers from bond forfeiture in the City Court of Macon.
By unanimous consent, the previous question was called, and the main question was ordered.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, no quorum voted.
Mr. Leathers of DeKalb moved the call of the House, and the motion prevailed.
The roll was called and the following members answered to their names:
Adams Almand Arnold Atwood Awtrey Bargeron Beaman Bean Beasley Bennett of Bacon Bland Brannen Brown Bush Cannon Carlisle of Bibb Carlisle of Grady Cartledge Chalker Clements of Marion
Cochran Collier Courson Cowart Cozart Cullens Culpepper of Echols Davis of Floyd Davis of Jackson Donaldson Dorsett Eckford Edwards of Stephens Elliott Evans Fagan Franklin Fraser Freeman Gillen
Graham Green Griffin of Decatur Griffin of Wilkes Gullatt Hampton Hardin Harrison of Camden Harrison of Jenkins Hatcher Howard of Chatt'h'chee Hubbard of Wilkinson Huddleston Hutcheson Hyman Irvin James Johnson of Montgomery Johnson of Seminole
1408
jOURNAL OF THE HousE,
Jones of Paulding Kennedy Key Killebrew Kimbrough King of Clay Lanham Lanier Leathers Lester Lindsay Lord McGehee McLeod McRae McWhorter Mallard Mardre Mercer Meredith
Mixon Montgomery Moye Musgrove Nelson of Cook Nelson of Laurens Osteen Park Peebles Purvis Rivers Ross of Appling Rosser Seckinger Shirley Simmons Sims Sisk Skelton Stanton
Stewart Still Strickland of Douglas Strickland of Haralson Sutton Swain Tate Taylor Townsend Turner Walker of Ben Hill Walker of Morgan Walker of Screven Westbrook Whittle Wilson Wood Yawn Mr. Speaker
The roll call disclosed a quorum.
On the passage of House Resolution No. 87-576a, the ayes were 104, nays 0.
The resolution having received the requisite constitutional majority was adopted.
Mr. Walker of Ben Hill moved that the House do now adjourn, and the motion was lost.
By Mr. Carlisle of Bibb-
House Resolution No. 89-593a. A resolution to relieve
W. E. Hamlin from forfeiture of surety bond in City Court
of Macon.
By unanimous consent, the previous question was called, and the main question ordered.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 104, nays 0.
WEDNESDAY, AUGUST 19, 1931.
1409
The resolution having received the requisite constitutional majority was adopted.
By Mr. Carlisle of Bibb-
House Resolution No. 9Q-593b. A resolution to relieve C. A. Odom from forfeiture of surety bond in City Court of Macon.
By unanimous consent, the previous question was called, and the main question ordered.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 105, nays 0.
The resolution having received the requisite constitutional majority was adopted.
By Mr. Carlisle of Bibb-
House Resolution No. 91-593c. A resolution to relieve D. Jones from forfeiture of surety bond in City Court o_f Macon, and for other purposes.
By unanimous consent, the previous question was called, and the main question ordered.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
On the passage of the resolution, the ayes were 104, nays 0.
The resolution having received the requisite constitutional majority was passed.
By Mr. Carlisle of Bibb-
House Resolution No. 92-593d. A resolution to relieve Charles Davison from forfeiture of surety bond in City Court of Macon, and for other purposes.
1410
JouRNAL oF THE HousE,
By unanimous consent, the previous question was called, and the main question ordered.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
On the passage of the resolution, the ayes were 105, nays 0.
The resolution having received the requisite constitutional majority was passed.
Mr. King of Clay moved that the House do now adjourn, and the motion was lost.
By Mr. Carlisle of Bibb-
House Resolution No. 93-593e. A resolution to relieve D. I. Lee from surety bond forfeiture in City Court of Macon, and for other purposes.
By unanimous consent, the previous question was called, and the main question ordered.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
On the passage of the resolution, the ayes were 104, nays 0.
The resolution having received the requisite constitutional majority was passed.
By Mr. Carlisle of Bibb-
House Resolution No. 104--638a. A resolution to relieve
F. B. Lane from bond forfeiture in City Court of Macon,
and for other purposes.
By unanimous consent, the previous question was called, and the main question ordered.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
WEDNESDAY, AuGUST 19, 1931.
1411
On the passage of the resolution, the ayes were 104, nays 0.
The resolution having received the requisite constitutional majority was passed.
By Mr. Strickland of Douglas-
House Bill No. 470. A bill to be entitled an Act to amend the Code relative to courthouses for militia districts, and for other purposes.
By unanimous consent, the previous question was called, and the main question ordered.
The report 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.
Mr. Carlisle of Grady moved that the House do now adjourn.
On the motion to adjourn, Mr. Rosser of Walker moved the ayes and nays, and the call was not sustained.
The motion to adjourn was lost.
By Mr. Bush of Miller-
House Bill No. 542. A bill to be entitled an Act to repeal Section 695 of Volume 1 of the Code of Georgia, enumerating the persons subject to road duty in Georgia, and for other purposes.
By unanimous consent, the previous question was called, and the main question ordered.
The report cf 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 1.
1412
JouRNAL OF THE HousE,
The bill having received the requisite constitutional majority was passed.
By Mr. Scarbrough of Polk-
House Bill No. 614. A bill to be entitled an Act to provide that in certain counties of this State all qualified voters may vote for County School Superintendent, and for other purposes.
By unanimous consent, the previous question was called, and the main question ordered.
The report 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 0.
The bill having received the requisite constitutional majorify was passed.
By Mr. Bennett of Bacon-
House Bill No. 522. A bill to be entitled an Act to vest in the Tax Collectors of the State of Georgia, in certain counties thereof, all of the powers and duties of sheriffs in their respective counties, and for other purposes.
By unanimous consent, the previous question was called, and the main question ordered.
The report 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 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Bennett of Jeff DavisHouse Bill No. 523. A bill to be entitled an Act to vest
in the Tax Collectors of the State of Georgia in certain counties thereof, all of the powers and duties of sheriffs of said State, and for other purposes.
By unanimous consent, the previous question was called, and the main question ordered.
WEDNESDAY, AuGUST 19, 1931.
1413
The report 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 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Freeman of Monroe-
House Bill No. 537. A bill to be entitled an Act to change the name of the School of Mechanic Arts at Forsyth, Ga., to State Teachers and Agricultural College for Negroes, and for other purposes.
By unanimous consent, the previous question was called, and the main question ordered.
The report 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 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Key of Jasper-
House Bill No. 473. A bill to be entitled an Act to authorize non-residents to be licensed to solicit life insurance in this State under reciprocal laws, and for other purposes.
Mr. Key of Jasper asked unanimous consent that further consideration of House Bill No. 473 be postponed until tomorrow morning, August 20th, immediately after the period of Unanimous Consents, and the request was granted.
Mr. Kennedy of Lamar moved that the House do now adjourn, and the motion prevailed.
Leave of absence was granted to Mr. Edmondson of Chattooga.
The Speaker announced the House adjourned until tomorrow morning, at 9:00 o'clock.
1414
JouRNAL OF THE HousE,
REPRESENTATIVE HALL, ATLANTA, GA.,
THURSDAY, AuousT 20, 1931.
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 Allen Almand Andrews Arnold Arrington Ashley Atwood Awtrey Bargeron Barrett Battle Beaman Bean Beasley Bennett of Bacon Bennett of Jeff Davis Bland Brannen Brown Brunson Bunn Burton Bush Cain Cannon Carlisle of Bibb Carlisle of Grady Cartledge Chalker Chambers
Childs Clark Clements of Marion Clements of Telfair Cochran Collier Colson Courson Cowart Cozart Crawford Crowe Cullens Culpepper of Echols Culpepper of Fayette Davis of Floyd Davis of Jackson Davis of Mitchell Davis of Troup Dixon Donaldson Dorsett Duncan Eckford Edmondson Edwards of Gilmer Edwards of Stephens Elliott Evans Fagan Franklin Fraser
Freeman Gary Gillen Graha_m Grayson Green Greer Griffeth Griffin of Decatur Griffin of Wilkes Gullatt Hampton Hardin Harris Harrison of Camden Harrison of Jenkins Hatcher Hawes Hodges Rolt Horne Howard of Chatt'h'chee Howard of Long Hubbard of Habersham Hubbard of Wilkinson Huddleston Hutcheson Hyman Irvin James Johnson of Montgomery Johnson of Pike
THURSDAY, AuousT 20, 1931.
1415
Johnson of Seminole Johnston Jones of Burke Jones of Lumpkin Jones of Paulding Kennedy Key
Killebrew Kimbrough Kimsey King of Clay King of Newton Lance Lanham Lanier Leathers Lester Lewis of Gordon Lewis of Hancock Lindsay Logan Lord McElreath McGehee McKoy McLeod McRae McWhorter Mallard Mardre Mattox Maynard Mercer Meredith Mixon Montgomery Mooty
Morris Moye Mundy Musgrove Myrick Nelson of Cook Nelson of Laurens Oliver Osteen Pace Parham Park Patten Paulk Peebles Phillips Pittard Pope Powell Preston Purdy Purvis Rabun Rivers Roberts Robertson Ross of Appling Ross of Dodge Rosser Sammon Scarbrough Seckinger Sharpe Shirley Simmons Sims
Sisk SkeltOn Spivey Stanton Stewart Still Stone Strickland of Douglas Strickland of Haralson Sutton Swain Tate Taylor Thomas Thomoson Thompson Tippins Townsend Trapnell Trotter Turner Waldrop Walker of Ben Hill Walker of Brooks Walker of Morgan Walker of Screven Wall Weeks Westbrook Whittle Wilkes Williams Wilson Wood Yawn Mr. Speaker
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the reqms1te constitutional majority the following bills of the Senate, to-wit:
1416
JouRNAL oF THE HousE,
By Mr. Weekes of the 34th District-
Senate Bill No. 49. A bill to be entitled an Act to provide for the issuing of licenses to the operators of automobiles in this State and to provide the method of issuing and revoking same; to prohibit operation of automobiles by any person in this State without such operating license; to provide punishment for violation of the provisions of this Act, and for other purposes.
By Mr. Harris of the 18th District-
Senate Bill No. 178. A bill to be entitled an Act to amend an Act approved August 7, 1918, entitled "An Act to change the Board of Roads and Revenues of Jefferson County, Georgia," and for other purposes.
By Messrs. Cheatham of the 26th District and Davis of the 31st District-
Senate Bill No. 111. A bill to be entitled an Act to amend an Act to prohibit the manufacture, sale, barter or keeping on hand at places of business any alcoholic, spirituous, malt or intoxicating liquors, and for other purposes.
By Mr. Reagan of the 35th District-
Senate Bill No. 170. A bill to be entitled an Act to provide a system of registration of licenses of dentists engaged in the practice of dentistry or dental surgery in counties in this State having a population of mon~ than 300,000.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requlSlte constitutional majority the following bills and resolutions of the Senate, to-wit:
By Messrs. Ennis of the 20th District, Harris of the 18th District, McWhorter of the 50th District, and others-
THURSDAY, AuousT 20, 1931.
1417
Senate Resolution No. 70. A resolution resolving that the Departments and Institutions of the State! give preference to Georgia products in purchasip.g their supplies.
By Messrs. West of the 11th District, Johnson of the 42nd District, Fowler of the 39th District, and others-
Senate Resolution No. 67. A Joint Resolution to propose the amendment of the Constitution to authorize the issuance of Warrants to pay past due and unpaid appropriations to the common schools, the University of Georgia and its branches and other institutions.
By Mr. Ennis of the 20th District-
Senate Bill No. 176. A bill to exempt from taxation in the State of Georgia the Houses, Lands and Equipment owned by and constituting th~ regular meeting places of any and all Womans clubs in Georgia engaged in educational, charitable, or humanitarian purposes.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
J.1r. Speaker:
The Senate has passed by the requisite constitutional majority the following resolutions of the House, to-wit:
By Messrs. Brannen and Donaldson of Bulloch-
Hause Resolution No. 70. A resolution authorizing the Highway Department to pave certain roads along State Route No. 26.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the reqUisite constitutional majority the following bills of the House, to-wit:
1418
JouRNAL OF THE HousE,
By Mr. Kimsey of Rabun-
House Bill No. 64. A bill to be entitled an Act to permit the chasing of foxes with dogs at any time.
By Messrs. Davis and Lord of Jackson-
House Bill No. 580. A bill to be entitled an Act to amend an Act entitled "An Act to establish the City Court of Jefferson," and all Acts amendatory thereof, and for other purposes.
By Mr. Gillen of Bibb-
House Bill No. 594. A bill to be entitled an Act to repeal an Act creating and incorporating Greater Macon.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following bills of the House, to-wit:
By Messrs. Hutcheson and Rosser of Walker, Edwards of Gilmer and others-
House Bill No. 146. A bill to be entitled an Act to amend an Act entitled "An Act for the protection of birds, fish, game, etc.," approved August 26, 1925, to prescribe the lawful open season for hunting cat-squirrels in certain mountain counties of Georgia, to provide a penalty for violation thereof, and to repeal conflicting laws.
By Mr. Thompson of Barrow-
House Bill No. 619. A bill to be entitled an Act to provide that County Superintendent of Schools may be a resident and reside in the county site of said county, in counties having certain populations by the U. S. Census, <tnd for other purposes.
fTHuRsDAY, AuGusT 20, 1931.
1419
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute as amended by the requisite constitutional majority the following bill of the House, to-wit:
By Messrs. Allen of Baldwin and Battle of Muscogee-
House Bill No. 3. A bill to discount theW. & A. Railroad rentals.
Mr. Hardin of Whitfield, 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. Nelson of Cook, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
The Committee on Rules having had under consideration the calendar of the day, beg to recommend the . following order:
Senate Bill No. 116: Known as the Mechanic Liens Law.
Senate Resolution No. 34: To pave old Blue Springs Road. (This resolution to be called up at the discretion of the Speaker).
Senate Bill No. 144: Relating to persons subject to road duty.
Senate Bill No. 35: Game and Fish Bill.
1420
JouRNAL OF THE HousE,
Senate Resolution No. 70: Requiring Departments to give precedence to Georgia products in purchasing supplies.
Respectfully submitted,
NELSON of Cook, Vice-Chairman.
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.
5. First reading of Senate bills and resolutions.
Mr. Nelson of Cook moved that the above be established as the order of business, and the motion prevailed.
Messrs. Kennedy of Lamar, Crowe of Worth, Nelson of Laurens, Hutcheson of Walker, Lanham of Floyd, and Crawford of Floyd moved to amend the calendar established by the Rules Committee, by placing House Bill No. 313 at the head thereof.
On the motion, Mr. Kennedy of Lamar moved the ayes and nays, and the call was not sustained.
On the motion to amend the calendar, the ayes were 51, nays 69, and the motion was lost.
Mr. Lindsay of DeKalb moved to amend the calendar established by the Rules Committee by placing House Bill No. 564 at the head thereof, and the motion prevailed.
Mr. Rosser of Walker moved that the House reconsider its action in failing to amend the Rules Committee Report on the motion by Mr. Kennedy of Lamar.
THuRsDAY, AucusT '20, '1931.
1421
On the motion to reconsider, Mr. Kennedy of Lamar moved the ayes and nays, and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alexander Allen Almand Arnold Ashley Atwood Bargeron Battle Beaman Bean Brown Brunson Burton Carlisle of Bibb Childs Collier Colson Cowart Cozart Crawford Davis of Jackson Donaldson Eckford Franklin Freeman Gillen Graham
Grayson
Pace
Griffeth
Park
Griffin of Wilkes
Paulk
Hardin
Powell
Harrison of Camden Preston
Harrison of Jenkins Purdy
Hatcher
Purvis
Hawes
Roberts
Howard of Chatt'h'cheeRoss of Appling
Hubbard of Wilkinson Ross of Dodge
Huddleston
Rosser
Hutcheson
Sisk
Kennedy
Skelton
Kimsey
Spivey
Lanham
Strickland of Haralson
Leathers
Sutton
Lindsay
Swain
Lord
Thomas
McKoy
Thompson
McRae
Tippins
Mardre
Townsend
Mattox
Trapnell
Mercer
Trotter
Mooty
Walker of Brooks
Musgrove
Walker of Morgan
Nelson of Laurens Williams
Oliver
Wood
Those voting in the negative were Messrs.:
Adams Arrington Awtrey Barrett Beasley Bennett of Bacon Bennett of Jeff Davis Bland
Cannon Cartledge Chalker Clark Clements of Marion Clements of Telfair Culpepper of Echols Davis of Troup
Dorsett Duncan Edwards of Stephens Elliott Fraser Gary Green Greer
1422
JouRNAL OF THE HousE,
GUllatt
Lewis of Gordon
Hampton
Lewis of Hancock
Harris
Logan
Hodges
McElreath
Holt
McGehee
Horne
Meredith
Howard of Long
Mixon
Hym.an
Montgomer:v
.Tames
Moye
.rohnson ot MontgomeryMund;v
.Johnson of Seminole Nelson of Cook
.Johnston
.rones of Paulding
Osteen Parham
Killebrew
Peebles
Kimbrough
Phillips
King of Newton
Pittard
Lanier
Pope
Lester
Rabun
Robertson Seckinger Shirley Simmons Sims Stewart Still Stone Strickland of Douglas Tate Taylor Turner Waldrop Walker of Screven Wal1 Weeks Wilson Yawn
Those not voting were Messrs.:
Andrews
Edmondson
Manard
Brannen
Edwards of Giimer Maynard
Bunn
Edwards of Lowndes Morris
Bush
Evans
Myrick
Cain
Fagan
Patten
Carlisle of Grady
Griffin of Decatur Rivers
Chambers
Hubbard of HabershamSammon
Cochran
Irvin
Scarbrough
Courson
.Johnson of Pike
Sharpe
Crowe
. .Jones of Burke
Stanton
Cullens
.Jones of Lumpkin Thomoson
Culpepper of Fayette Key
Walker of Ben Hill
Davis of Floyd
King of Cla:v
Westbrook
Davis of Mitchell
Lance
Whittle
Dixon
McLeod
Wilkes
Dykes
McWhorter
Mr. Speaker
By unanimous consent, the verification of the roll call was dispensed with.
On the motion to reconsider, the ayes were 81, nays 70, and the motion prevailed.
THURSDAY, AucusT 20, 1931.
1423
On the motion of Mr. Kennedy to amend the calendar, Mr. Phillips of Tift moved the ayes and nays, and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Allen Arnold Ashley Atwood Bargeron Battle Beaman Bean Brannen Brown Burton Carlisle of Bibb Carlisle of Grady Childs Collier Cowart Cozart Crawford Crowe Cullens Davis of Jackson Donaldson Edmondson Evans Fraser Freeman Gary Graham
Griffeth
Powell
Griffin of Wilkes
Purdy
Hardin
Purvis
Harrison of Jenkins Roberts
Hatcher
Ross of Appling
Hawes
Ross of Dodge
Hubbard of HabershamRosser
Hubbard of Wilkinson Scarbrough
HYman
Sharpe
Johnson of Pike
Sisk
Jones of Lumpkin Skelton
Kennedy
Spivey
Kimsey
Strickland ot Haralson
Lanham
Swain
Leathers
Thomas
Li.ndsay
Thompson
Lord
Tippins
McRae
Townsend
Mattox
Trapnell
Mercer
Trotter
Mooty
Waldrop
Musgrove
Walker of Brooks
Myrick
Walker of Morgan
Nelson ot Laurens Wall
Oliver
Wilkes
Pace
Williams
Paulk
Wood
Those voting in the negative were Messrs.:
Adams Arrington Awtrey Barrett Beasley Bennett of Bacon
Bennett of Jeff Davis Bunn Bush Cannon Cartledge Chalker
Clark Clements of Marion Cochran Davis of Troup Dixon Dorsett
142r1
JouRNAL OF THE HousE,
Dl,lncan
King of Newton
Edwards of Steph,ens Lanier
Elliott
Lester
Green
Lewis of Gordon
Greer
Lewis of Hancock
Gullatt
Logan
Hampton
McElreath
Harris
McGehee
Hodges
McLeod
Holt
Meredith
Horne
Mixon
Howard of Chatt'h'cheeMontgomer~
Howard of Long
Moye
Johnson of Montgomer~Mundy
Johnston
Osteen
Jones of Paulding Parham
Killebrew
Peebles
Kimbrough
Phillips
King of Clay
Pittard
rope }>reston Rabun Robertson Seckinger Simmons Stanton Stewart Stone Strickland of Douglas Sutton Tate Taylor Thomoson Turner Walker of Screven Weeks Wilson Yawn
Those not voting were Messrs.:
Alexander
Edwards of Lowndes
Almand
Fagan
Andrews
Franklin
Bland
Gillen
Brunson
Grayson
Cain
Griffin of Decatur
Chambers
Harrison of Camden
Clements of Telfair Huddleston
Colson
Hutcheson
Courson
Irvin
Culpepper of Echols James
Culpepper of Fayette Johnson of Seminole
Davis of Floyd
Jones of Burke
Davis of Mitchell
Key
Dykes
Lance
Eckford
McKoy
Edwards of Gilmer McWhorter
Mallard Mardre Maynard Morris Nelson of Cook Park Patten Rivers Sammon Shirley Sims Still Walker of Ben Hill Westbrook Whittle Mr. Speaker
By unanimous consent, the verification of the roll call was
dispensed with.
On the motion to amend the calendar, the ayes were 82, nays 75, and the motion having failed to receive the requisite majority under Rule 44 was lost.
THURSDAY, !AucusT 20, 1931.
1423
The Conference Corpmittee on Senate Bill No. 18 submitted the following report:
To THE HousE AND SENATE,
THE GENERAL AsSEMBLY oF GEORGIA,
Your undersigned Conference Committee on Senate Bill No. 18 has had under consideration said bill, the House substitute thereof, and the various amendments thereto, and reports that said committee has unanimously agreed as follows:
First, that the original Senate bill be adopted with the following corrections and amendments:
(a) That Section 1 of said bill be amended so as to provide that the open season for hunting or killing quail shall be from November 15th to February 15th, inclusive; wild turkey from November 15th to February 15th, inclus~ve; and deer from November 15th to January 5th, incluSive.
(b) That said Section 1 of said bill be further amended by providing that the open season for hunting or killing catsquirrels in Thomas County shall be from November 15th to February 15th only.
(c) That Section 1 of said original bill be further amended as follows: "That it shall be unlawful to hunt or kill deer in the Counties of Bartow and Floyd for a period of five years from the passage of this Act."
Second, with reference to the amendments adopted by the House to Substitute bill, your Committee recommends that said Section. 1 of said Senate bill be further amended by providing that the open season for the hunting and killing of cat-squirrels in all counties, not including the eighteen mountain counties named in said section, and the County of Thomas, hereinabove excepted, shall be from
1.!26
JouRNAL OF THE HousE,
October 1st to January 15th, inclusive, which said amendment incorporates practically the provisions of the general amendment passed by the House to said Substitute.
Third, your committee further recommends that said Senate Bill No. 18, with the corrections and amendments as herein specified and set out, be approved by the S:nate and the House, and your committee has considered each and all of the amendments, and by this report, has incorporated in the original bill practically every provision as was embraced in the Substitute bill as passed by the House, but in addition thereto, has retained a valuable provision of the Senate bill, which was not included in the House substitute.
Respectfully submitted,
On the part of the Senate:
WATSON of the 3rd District,
STRICKLAND of the 12th District,
FowLER of the 39th District,
On the part of the House:
MARDRE of Thomas,
RossER of Walker,
FRASER of Liberty.
By unanimous consent, the report of the Conference Committee was adopted.
The House Committee on Halls and Rooms submitted the following report:
Mr. Speaker:
Your Committee on Halls and Rooms has had under consideration the matter of the fans installed as per agreement attached hereto and beg leave to submit the following report:
THuRsDAY, AuGUST 20, 1931.
1427
It is the judgment of this Committee that these fans are not satisfactory and that the owners be requested to remove them at once.
Respectfully submitted,
HoDGES of Sumter,
Chairman.
STATE CAPITOL,
January 1, 1931.
Atlanta, Georgia.
Gentlemen:
We agree to furnish apparatus as follows:
Three six foot American Coolair Fan Units in the House of Representatives and two six foot American Coolair Fan Units in the Senate Chamber. These fans are each equipped with a one horse power Century Motor transmitting power through a noiseless V-shaped drive to the fans, which revolve on over size SKF ball bearings running in oil in air tight dust proof hubs. Each fan will deliver 33,600 cubic feet of air per minute and is made so as to run with equal efficiency whether blowing in or blowing out, which action is controlled by means of a double-throw switch.
It is understood that the fans will either blow into or blow out from the House of Representatives (which has a content of approximately 222,000 cubic feet) a total of 100,800 cubic feet of air per minute, giving a complete change of air approximately every two minutes in the House Chamber; and in the Senate Chamber (which has a content of approximately 130,000 cubic feet) the fans will either blow-in or blow-out a total of 67,200 cubic feet of air per minute, also giving a complete change of air in the Senate Chamber approximately every two minutes.
It is proposed to install the fans in the upper portion of the center windows in each of the Chambers as directed by
1-!28
JouRNAL oF THE HousE,
Edwards and Sayward, Architects, same being done in a temporary way at present and to be permanent should the fans be accepted and the money appropriated for the purchase of same by the Legislature of the State of Georgia at its next session.
Should the fans be declined of acceptance by said Legislature, then the American Coolair Corporation will dismantle the said fans and remove them from the said premises at its own cost and expense. The said fans are to remain the property of the said American Coolair Corporation until accepted and paid for.
It is agreed and understood that the test by which the Legislature shall accept or reject the fans is that they shall be run continuously at its pleasure for one week, and thereafter on and off alternate days until official acceptance or rejection be arrived at.
It is understood in the temporary installation that the existing scaffolds in the building are to be used and the common labor for said work shall be supplied by the Superintendent of the Building.
In the event the legislature of the State of Georgia makes appropriation for the full accomplishment of this work, thereby approving and accepting the fans and when said permanent installation of the fans is completed to the acceptance of Edwards and Sayward, Architects, the American Coolair Corporation in consideration of the foregoing, shall receive ............................ $3,929.25
LESS SPECIAL DISCOUNT OF 25% .......... 982.31
NET .................... $2,946.94
AMERICAN COOLAIR CORPORATION,
D. H. IRVINE,
Proposal accepted by
Special Representative.
E. B. Moore, Clerk of House of Representatives.
THURSDAY, AUGUST 20, 1931.
1429
By unanimous consent, the report of the Committee on Halls and Rooms was adopted.
The special Committee of the House appointed under the provisions of House Resolution No. 109 submitted the following report:
M1. Speaker:
Your select committee, appointed under Resolution of
the House of Representatives to visit and inspect the Con-
federate Soldiers' Home, in Atlanta, beg leave to file the
following report:
1. \Ve have visited the Soldiers' Home, inspected the grounds, buildings, equipment, etc., discussed the management and operation with the authorities in charge, talked with many of the Veterans who are residents of the Home, and find that there has recently been made considerable improvement in the management, operation, and conduct of the institution.
2. We find that Superintendent Bell, who has been in office, in charge of the Home three weeks, maintains a close and cordial relationship with the residents of the Home and that the Veterans themselves appear highly pleased with the manner in which he is conducting the Home.
3. From an inspection of the buildings and equipment we find that the Veterans at the Home are being maintained in reasonable comfort, are provided with good food, and are given every care and attention possible by the authorities under the leadership and direction of Superintendent Bell.
4. From our conversations with the residents of the Home it is our judgment that they constitute as satisfied a little community as will ordinarily be found under similar conditions.
5. While your committee found the grounds and surroundings well kept apd attractive, and the hospital facili-
1430
JouRNAL OF THE HousE,
ties and conduct entirely satisfactory, we feel impelled to bring to the attention of the General Assembly the need for improvement in the plumbing and sanitary facilities, which are in a state of depreciation and in need of repair. We find, too, that there are repairs and improvements necessary in some of the buildings, with particular reference to plastering. These matters we respectfully recommend be given the attention of this body at the earliest possible date, and that some provisions be made for their betterment and improvement. We further recommend that the allotment of $1.00 per week now accorded each of the 37 inmates be increased to an allotment of $7.50 per month, in view of the fact that the present allotment permits of little or no lattitude in respect to the personal desires of these rapidly aging and declining Veterans.
Respectfully submitted,
MARDRE of Thomas,
Chairman.
MALLARD of Charlton,
JOHNSTON of Cherokee,
BENNETT of Bacon.
By unanimous consent, the report was adopted.
Mr. Taylor of Washington moved that the House reconsider its action in adopting the report of the Conference Committee on Senate Bill No. 18, and the motion was lost.
Mr. Spivey of Emanuel County, Vice-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 followio.g bills and resolution
THURSDAY, AUGUST 20, 1931.
1431
of the House and Senate and has instructed me, as vicechairman, to report the same back to the House with the recommendation that:
Senate Bill No. 132 do pass.
Senate Resolution No. 60 do pass. Senate Bill No. 129 do pass.
House Bill No. 419 do not pass.
Respectfully submitted, SPIVEY of Emanuel,
Vice-Chairman.
Mr. Andrews of Crawford County, Chairman of the Committee on Counties 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:
Senate Bill No. 162 do not pass.
Senate Bill No. 173 do pass as amended.
Respectfully submitted, ANDREWS of Crawford, Chairman.
Mr. Hubbard of Wilkinson, Chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker:
Your Committee on Enrollment has examined, found properly enrolled, signed, and ready for delivery to the Governor, the following Acts, to-wit:
1432
JouRNAL OF THE HousE,
House Bill No. 65. An Act to amend an Act to reorganize ;md reconstitute the State Highway Department of Georgia.
House Bill No. 499. An Act to amend the charter of Douglas.
House Bill No. 360. An Act to amend an Act relating to the firemen of the City of Atlanta.
Respectfully submitted,
HuBBARD of Wilkinson,
Chairman.
Mr. King of Newton County, Vice-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 and resolutions of the House .and Senate and has instructed me, as chairman, to report the same back to the House with the recommendation that:
Senate Bill No. 138 do not pass.
House Resolution No. 99-634a do pass.
House Resolution No. 108-641a do pass.
Senate Bill No. 91 do pass.
Senate Bill No. 90 do pass.
Respectfully submitted, KING of Newton, Vice-Chairman.
Mr. Stone of Early County, Vice-Chairman of the Committee on General Judiciary No. 2, submitted the following report:
THURSDAY, AuousT 20, 1931.
1433
Mr. Speaker:
Your Committee on General Judiciary No. 2 has had under consideration the following bills of the Senate and has instructed me, as vice-chairman, to report the same back to the House with the recommendation that:
Senate Bill No. 97 do pass.
Senate Bill No. 122 do not pass.
Senate Bill No. 165 do pass.
Senate Bill No. 102 do pass.
Respectfully submitted, STONE of Early, Vice-Chairman.
Mr. Huddleston of Meriwether County, Chairman of the Committee on Military Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Military Affairs has had under consideration the following resolution of the Senate and has instructed me, as chairman, to report the same back to the House with the recommendation that:
Senate Bill No. 59 do pass.
Respectfully submitted,
HuDDLESTON of Meriwether, Chairman.
Mr. Trotter of Taliaferro 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
1434
JouRNAL OF THE HousE,
Senate and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Bill No. 616 do pass. House Bill No. 635 do pass. House Bill No. 634 do pass. House Bill No. 589 do pass. House Bill No. 642 do not pass. House Bill No. 407 do pass. House Bill No. 609 do not pass. House Bill No. 596 do not pass. Senate Bill No. 153 do pass. Senate Bill No. 152 do pass. Senate Bill No. 159 do pass. Senate Bill No. 65 do pass.
Respectfully submitted, TRoTTER of Taliaferro, Chairman.
Mr. Beasley of Tattnall 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 Senate and has instructed me, as chairman, to report the same back to the House with the recommendation that:
Senate Bill No. 66 do pass.
THuRsDAY, AuousT 20, 1931.
1435
Senate Bill No. 166 do pass as amended. Respectfully submitted, BEASLEY of Tattnall, Chairman.
Mr. Tippins of Evans County, Chairman of the Committee on Railroads, submitted the following report:
Mr. Speaker:
Your Committee on Railroads 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:
Senate Bill No. 156 do pass.
Respectfully submitted, TIPPINS of Evans, Chairman.
Mr. Freeman of Monroe County, Vice-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 vice-chairman, to report the same back to the House with the recommendation that:
House Resolution No. 113-642a do pass.
Respectfully submitted,
FREEMAN of Monroe,
Vice-Chairman.
1436
. JOURNAL oF THE HousE,
Mr. Collier of Madison County, Chairman of the Committee on State of the Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of the Republic has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the House with the recommendation that:
Senate Bill No. 41 do pass. Senate Bill No. 145 do pass. Senate Bill No. 143 do pass.
House Bill No. 629 do pass. Respectfully submitted, CoLLIER of Madison,
Chairman.
By unanimous consent, the following bills and resolutions of the House, favorably reported, were read the second time:
By Messrs. McRae and Eckford of Fulton-
House Bill No. 589. A bill to amend an Act establishing a new charter for the City of Atlanta, and for other purposes.
By Messrs. Eckford and McRae of Fulton-
House Bill No. 616. A bill to amend an Act creating a new charter for the City of Atlanta, and for other purposes.
By Messrs. Jones of Lumpkin and Cullens of Treutlen-
House Bill No. 629. A bill to create a racing Commission for the State of Georgia, and for other purposes.
THuRsDAY, AuGusT 20, 1931.
1437
By Messrs. Eckford and Still of Fulton-
House Bill No. 634. A bill to amend the charter of the City of Atlanta, and for other purposes.
By Mr. Still of Fulton-
House Bill No. 635. A bill to amend an Act establishing a new charter for the City of Atlanta, and for other purposes.
By Messrs. Cartledge of Richmond and Evans of McDuffie-
Hause Bill No. 407. A bill to abolish the service charge on consumers of gas and electricity, and for other purposes.
By Messrs. Sutton of Colquitt and Strickland of Haralson-
House Resolution No. 99-634a. A resolution to amend the rules of the House by requiring the printing and distribution among all members of the House any and all bills of a general nature, and for other purposes.
By Mr. Fagan of Peach-
House Resolution No. 108-64la. A resolution to relieve H. F. Holland as surety, and for other purposes.
By Mr. Osteen of Bryan-
House Resolution No. 113-642a. A resolution to relieve
J. M. Griner and his surety on bond from any claim, and
for other purposes.
By unanimous consent, the following bills and resolution of the Senate, favorably reported, were read the second time:
By Mr. Tippins of the 49th District-
Senate Bill No. 156. A bill to repeal a section of the Code enumerating persons subject to road duty, and for other purposes.
1438
JouRNAL OF THE HousE,
By Mr. Watson of the 3rd District-
Senate Bill No. 165. A bill to prevent the abatement of causes of action ex delicto where tort feasor dies before commencement of suit thereon, and for other purposes.
By Messrs. Hand of the 8th District and West of the 11th District-
Senate Bill No. 166. A bill to amend an Act providing a Georgia System of State Roads, and for other purposes.
By Mr. Reagan of the 35th District-
Senate Bill No. 173. A bill to authorize the Board of County Commissioners in certain counties to supplement funds of any independent Board of Education, and for other purposes.
By Messrs. McWhorter of the 50th District, Jackson of the 14th District, and Jones of the 51st District-
Senate Bill No. 41. A bill to create a State Board of Examiners for contractors, and for other purposes.
By Messrs. McWhorter of the 50th District, West of the 11th District, and Ennis of the 20th District-
Senate resolution No. 59. A resolution to permit the Military Department to supplement its appropriation with the unexpended balance of the appropriation for riot duty, which was made for the years 1926 and 1927.
By Mr. Harris of the 18th District-
Senate Resolution No. 60. A resolution to amend the Constitution so as to authorize the abolishment of Justice Colli ts in Richmond County, and for other purposes.
THuRsDAY, AuousT 20, 1931.
1439
By Messrs. Weekes of the 34th District-
Senate Bill No. 65. A bill creating the Atlanta Sanitary district, and for other purposes.
By Mr. Strickland of the 1st District-
Senate Bill No. 66. A bill to amend the Georgia motor vehicle law, and for other purposes.
By Mr. Evans of the 19th District-
Senate Bill No. 90. A bill to prohibit life insurance companies, etc., from agreeing to settle losses under its contracts or certificates by delivering merchandise or rendering services, and for other purposes.
By Mr. Evans of the 19th District-
Senate Bill No. 91. A bill to make it a misdemeanor for any person, firm or corporation to receive any compensation or commission directly or indirectly on account of employment of an undertaker, and for other purposes.
By Messrs. West of the 11th District and McWhorter of the 50th District-
Senate Bill No. 97. A bill to regulate the carriage for hire of persons and property over the highways of this State, and for other purposes.
By Mr. Duckworth of the 7th District-
Senate Bill No. 102. A bill to provide for time of filing bills of exception in the Supreme Court and Court of Appeals, and for other purposes.
By Mr. Reagan of the 35th District-
Senate Bill No. 129. A bill to amend the Constitution which relates to the number of Senators, and for other purposes.
1440
JouRNAL OF THE HousE,
By Mr. Duckworth of the 7th District-
Senate Bill No. 132. A bill to amend the Constitution as to who shall constitute the first term in the Supreme Court and Court of Appeals, and for other purposes.
Bv Messrs. Perkins of the 17th District and Harris of the 18th District-
Senate Bill No. 143. A bill to create the Savannah River Navigation Commission, and for other purposes.
By Mr. Watson of the 3rd District-
Senate Bill No. 14f>. A bill to amend an Act creating the State Board of Public Welfare, and for other purposes.
By Messrs. Reagan of the 35th District and Weekes of the 34th District-
Senate Bill No. 152. A bill to amend an Act establishing a new charter for the City of Atlanta, and for other purposes.
By Mr. Reagan of the 35th District-
Senate Bill No. 153. A bill to amend an Act establishing a new charter for the City of Atlanta, and for other purposes.
By unanimous consent, the following bills of the Senate were read the third time and placed upon their passage:
By Mr. Pruett of the 32nd District-
Senate Bill No. 104. A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Lumpkin County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
THURSDAY, AuausT 20, 1931.
1441
The bill having received the requisite constitutional majority was passed.
By Mr. Brock of the 44th District-
Senate Bill No. 120. A bill to be entitled an Act to abolish an Act abolishing the office of County Treasurer in and for the County of Dade, and for other purposes.
The report 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 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Neill of the 24th District-
Senate Bill No. 149. A bill to be entitled an Act to change the time of meeting of the Board of Commissioners of Roads and Revenues of Muscogee County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Reagan of the 35th District and Weekes of the 34th District-
Senate Bill No. 154. A bill to be entitled an Act to amend an Act authorizing the City of Atlanta to borrow during any one calendar year the sum of one million dollars, and for other purposes.
The report 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 0.
1442
JouRNAL oF THE HousE,
The bill having received the requisite constitutional majority was passed.
By Mr. Tippins of the 49th District-
Senate Bill No. 159. A bill to be entitled an Act to amend an Act incorporating the City of Claxton, and for other purposes.
The report of the committee, which was agreeable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, 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 the committees:
By Messrs. Cheatham of the 26th District and Davis of the 31st District-
Senate Bill No. 111. A bill to amend an Act prohibiting the sale, barter, etc., of intoxicating liquors, and for other purposes.
Referred to Committee on Temperance.
By Mr. Reagan of the 35th District-
Senate Bill No. 170. A bill to provide a system of registration of licenses of dentists, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. West of the 11th District and others-
Senate Resolution No. 67. A resolution to amend the Constitution authorizing the issuance of warrants to pay past due and unpaid appropriations to the common schools, and for other purposes.
THURSDAY, AuausT 20, 1931.
1443
Referred to Committee on Amendments to the Constitution.
By Mr. Ennis of the 20th DistrictSenate Bill No. 176. A bill to exempt from taxation in
this State all property of Woman's Clubs, and for other purposes.
Referred to Committee on Ways and Means.
By Mr. Weekes of the 34th District-
Senate Bill No. 49. A bill to provide for the issuing of licenses to the operators of automobiles in this State; for the revoking of same, and for other purposes.
Referred to Committee on General Judiciary No. 2. Under the order of business established by the Rules Committee, the following bills and resolutions of the House and Senate were taken up for consideration and read the third time:
By Messrs. Beaman, Lindsay, and Leathers of DeKalb, and Eckford of Fulton-
House Bill No. 564. A bill to be entitled an Act to create a State Memorial Commission, and for other purposes.
By unanimous consent, the previous question was called, 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, the ayes were 126, nays 3.
The bill having received the requisite constitutional majority was passed.
By Mr. Weekes of the 34th _District-
Senate Bill No. 116. A bill to be entitled an Act to be known as the Mechanics Lien Law of Georgia, and for other purposes.
Mr. Cannon of Rockdale moved to table Senate Bill No. 116 and all amendments thereto.
On Senate Bill No. 116, Mr. Rosser of Walker moved the previous question.
1444
JouRNAL OF THE HousE,
On the motion to table, Mr. Alexander of Chatham moved the ayes and nays and the call was not sustained.
On the motion to table, the ayes were 109, nays 38, and the motion prevailed.
By Mr. Richardson of the lOth District-
Senate Resolution No. 34. A resolution to authorize the State Highway Department to pave old Blue Springs road in Dougherty County, and for other purposes.
By unanimous consent, the previous question was called, and the main question was ordered.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 108, nays 2.
The resolution having received the requisite constitutional majority was adopted.
Mr. Nelson of Cook asked unanimous consent that when the House adjourn, it stand adjourned until 2:30 o'clock this afternoon, and the request was granted.
The following resolutions of the House were read and adopted:
A RESOLUTION
By Mr. Preston of Walton-
House Resolution No. 118.
Whereas, Mr. F. Q. Sammons, of Gwinett County was stricken with illness last evening and it was neces1>ary to carry him to the Hospital.
Be it resolved that the members of this House extend their sympathy and wish for his speedy recovery.
House Resolution No. 119.
THuRsDAY, AucusT 20, 1931.
1445
A resolution by Messrs. Stewart of Coffee, Davis of Mitchell, Wall of Quitman, Rabun of Jefferson, Pope of Toombs, Sutton of Colquitt, Wilkes of Mitchell, and Collier of Madison-
A RESOLUTION
Whereas, the Interstate Commerce Commission is now engaged in a hearing on the application of the railroads to increase freight rates 15%. And
Whereas, the agricultural and business interests of this State are now passing through the greatest crisis since the days of the Civil War. And,
Whereas, the price of farm products are so low that it is impossible for the agricultural interests of this State to long survive present conditions. And,
Whereas, freight rates are so high, especially on perishable products such as peaches, watermelons, etc., that a carload of farm products sold in Northern and Eastern markets at a fair price, will hardly pay .the freight, leaving nothing for the grower. And,
Whereas, these unreasonably high freight rates added to the tremendous burden in the way of added cost for supplies tools and machinery coming into this State, And,
Whereas, these unreasonably high freight rates are as high, and higher than they were during the war period. And,
Whereas, the returns to other lines of business have been cut from 25% to 90% while freight rates have remained as in the peak of high prices, and in some instances, have actually been increased. And,
Whereas, an increase in freight rates no longer means a decrease in profits of other business, but actually means a detriment to the agricultural industry of this State as well as confiscation of other lines of business.
1446
JouRNAL OF THE HousE,
Therefore, be it resolved: By the House of Representatives of the State of Georgia that the members of the Interstate Commerce Commission, now in session, are hereby earnestly urged and requested not only to refuse any increase in freight rates, but to reduce the present freight rates in line with the returns to other lines of business.
Be it further resolved: That the Clerk of the House is hereby authorized to furnish a copy of this resolution to each member of the House and Senate in the Congress of the United States from Georgia, and a copy to the Interstate Commerce Commission.
The following resolution was read:
A RESOLUTION
By Messrs. Nelson of Laurens, Evans of McDuffie, and Brown of Greene-
House Resolution No. 117.
Whereas, the Highway map issued by the State Highway Department of Georgia for the month of August 1931, showing the system of State roads, discloses a road from Jasper, Georgia to Tate Mountain Estates, in the County of Pickens; shows and discloses a road from Cleveland, Georgia to Nacoochee, Ga., in the County of White; and also a road from Brunswick, Georgia to Sea Island Beach in the County of Glynn; none of said roads being county site to county site roads, and none of said roads have been authorized by law or by any Act of the General Assembly;
Therefore, be it resolved, that the Chairman of the State Highway Department be required and directed to furnish to this House instanter the authority under which said roads have been placed on the State System of Highways, if such roads have been placed upon the State System; and further, by what authority said roads have been taken over and are being maintained by the State Highway Depart-ment.
THURSDAY, AuousT 20, 1931.
1447
And further, a statement of what Highway funds that have been expended on said roads to date; and what expenditures are contemplated on said roads during the next two years.
The Speaker ordered this resolution to lie on the table one day.
Privileges of the floor were granted to Han. E. W. 0. Adams of Wilkes County, Han. Hooper Alexander of DeKalb County, Mr. H.' H. Winn of Clarke County, Han.
W. D. Teasley of Hart County, Hon. J. M. Towery of
Clinch County, and Han. C. V. Truitt of Troup.
Mr. Gillen of Bibb moved that the House do now adjourn, and the motion prevailed.
Leave of absence was granted to Messrs. Thompson o Barrow and Roberts of Muscogee.
The Speaker announced the House adjourned until this afternoon, at 2:30 o'clock.
AFTERNOON SESSION,
2:30 o'clock, P. M.
The House met again at this hour and was called to order by the Speaker.
The roll was called and the following mem hers answered to their names:
Adams Alexander Allen Almand Andrews Arnold Arrington Ashley Atwood Awtrey
Bargeron Barrett Battle Beaman Bean Beasley Bennett of Bacon Bennett of Jeff Davis Bland Brannen
Brown Brunson Bunn Burton Bush Cain Cannon Carlisle of Bibb Carlisle of GradY Cartledge
1448
JouRNAL OF THE HousE,
Chalker Chambers Childs Clark Clements of Marion Clements of Telfair Cochran Collier Colson Courson Cowart Cozart Crawford Crowe Cullens Culpepper of Echols Culpepper of Fayette Davis of Floyd Davis of Jackson Davis of Mitchell Davis of Troup Dixon Donaldson Dorsett Duncan Eckford Edmondson Edwards of Gilmer Edwards of Stephens Elliott Evans Fagan Franklin Fraser Freeman
Gary
Gillen Graham Grayson Green Greer Griffeth Griffin of Decatur Griffin of Wilkes Gullatt Hampton
Hardin
McRae
Harris
McWhorter
Harrison of Camden Mallard
Harrison of Jenkins Mardre
Hatcher
Mattox
Hawes
Mercer
Hodges
Meredith
Holt
Mixon
Horne
Montgomery
Howard of Chatt'h'chee Mooty
Howard of Long
Morris
Hubbard of Habersham Moye
Hubbard of Wilkinson Mundy
Huddleston
Musgrove
Hutcheson
MYrick
Hyman
Nelson of Cook
Irvin
Nelson of Laurens
James
Oliver
Johnson of Montgomery Osteen
Johnson of Pike
Pace
Johnson of Seminole Parham
Johnston
Park
Jones of Burke
Patten
Jones of Lumpkin Paulk
Jones of Paulding
Peebles
Kennedy
Phillips
Key
Pittard
Killebrew
Pope
Kimbrough
Powell
Kimsey
Preston
King of Clay
Purdy
King of Newton
Purvis
Lance
Rabun
Lanham
Rivers
Lanier
Roberts
Leathers
Robertson
Lester
Ross of Appling
Lewis of Gordon
Ross of Dodge
Lewis of Hancock
Rosser
Lindsay
Sammon
Logan
Scarbrough
Lord
Seckinger
McElreath
Sharpe
McGehee
Shirley
McKoy
Simmons
McLeod
Sims
THURSDAY, AucusT 20, 1931.
1449
Sisk
Taylor
Skelton
Thomas
Spivey
Thomason
Stanton
Thompson
Stewart
Tippins
Still
Townsend
Stone
Trapnell
Strickland of Douglas Trotter
Strickland of Haralson Turner
Sutton
Waldrop
Swain
Walker of Ben Hill
Tate
Walker of Brooks
Walker of Morgan Walker of Screven Wall Weeks Westbrook Whittle Wilkes Williams Wilson Wood Yawn Mr. Speaker
Under orders of the day, the following bills and resolutions of the Senate were taken up for consideration and read the third time:
By Mr. Knabb of the 4th District-
Senate Bill No. 144. A bill to be entitled an Act to repeal a certain section of the Code of Georgia enumerating the persons subject to Road Duty in Georgia, and for other purposes.
By unanimous consent, the previous question was called, 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, the ayes were 108, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Courson of the 16th District-
Senate Bill No. 35. A bill to be entitled an Act to repeal an Act to allow fishing with hook and line devices, and for other purposes.
Mr. Dorsett of Carroll moved that Senate Bill No. 35 and all amendments thereto be recommitted to the Committee on Game and Fish, and the motion was lost.
1450
JouRNAL OF THE HousE,
On Senate Bill No. 35 and all amendments thereto, Mr. Nelson of Cook moved the previous question.
The motion prevailed, and the main question was ordered.
The following amendments were read and adopted:
Messrs. Andrews of Crawford, Shirley of Milton, Edwards Gilmer, Bennett of Bacon, Mallard of Charlton, Swain of Warren, Courson of Brantley, and Howard of Long, move to amend Senate Bill No. 35 by striking therefrom Sections 5 and 6 and substituting the following section to be known as Section No. 5, and numbering the remaining sections of said bill accordingly:
"Section 5. Be it further enacted by the authority aforesaid that it shall be unlawful for any person to take fish from any of the fresh waters of Georgia by means of seines, traps, nets or similar devices or by means of dynamite, poison or by other means except with hook and line; provided, however, that any person in lawful possession of a private pond under lease or ownership, and others with his consent, may fish in said ponds at any time and in any manner they please; provided further, that nothing herein shall be deemed to modify or repeal the laws of the State regulating shad fishing; provided further, that it shall be lawful to use gill nets for the purpose of taking fresh water mullet, carp gar and suckers during the months of December, January, and February, provided that the mesh of said gill net shall not be less than three inches square or six inches when stretched."
Mr. Davis of Jackson moves to amend the amendment offered by Mr. Andrews of Crawford and others by inserting in line 2 of said amendment after the word "person" the words, "or persons."
Mr. Davis of Floyd moves to amend Senate Bill No. 35 by striking the figures 18 wherever they occur in Section 3 and substituting in lieu thereof the figures 19 and amends
THURSDAY, AUGUST 20, 1931.
1451
further by inserting the word "Floyd" between .the word "Whitfield" and the semicolon in line seven of Section 3.
Mr. Thomas of Wayne moves to amend Senate Bill No. 35 by striking the second paragraph of section No. 7 in its entirety and by inserting in lieu thereof the following:
"Be it further enacted that license is hereby required of all persons who are non-residents of the State of Georgia to ::fish within the waters of the State of Georgia, and said license shall be issued upon the payment of a fee of $5.25. Said license provided for in this section shall he issued in the manner and by the same officials as hunting licenses are issued, and the fee therefor shall be the same."
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill as amended, the ayes were 114, nays 30.
The bill having received the requisite constitutional majority was passed as amended.
By unanimous consent, the bill was immediately transmitted to the Senate.
The Speaker called up the following report of the Conference Committee on House Bill No. 147:
Mr. President,
Mr. Speaker:
We, your C~nference Committee, appointed in House Bill No. 147, known as the General Appropriation or Budget Bill, submit the following report:
1-The Senate recedes from its Amendment No. 1 to Section 1, Subsection (a), relating to Emergency Appropriation.
1452
JouRNAL OF THE HousE,
2-The Senate recedes from its Amendment No. 2 to Section 1, Subsection (d), relating to the publication of Constitutional Amendments.
3-The Senate recedes from its Amendment No. 3 to Section 1, Subsection (b), relating to Insurance on Public Property.
4-The Senate and House both recede from their position as to Senate Amendment No. 4, relating to Section 2, Department of Agriculture and substitute a new section for Section 2 to read as follows:
SECTION 2. AGRICULTURE, DEPARTMENT OF
(a) Maintenance ............ $300,000.00 $300,000.00
Provided, that from the above amount appropriated to-wit: $300,000.00 for each of the years 1932 and 1933, or so much thereof as rnay be necessary, there shall be expended sums sufficient to carry out the duties of the department such as administration, collection of agriculture statistics, administration of pure food and drug Acts, chemical laboratory, fertilizer inspection, feed inspection, fruit inspection and the operation of the Bureau of Markets; provided, however, that no more than $25,000.00 be allocated to the publication of the Market ~ulletin and pro-
THURSDAY, AuGUST 20, 1931.
1453
vided, further, that nothing except Market Bulletin quotations and bona fi.delistings of market products offered for sale shall be published in the Market Bulletin.
And provided further,that $75,000.00 of this appropriation be allocated to the State Veterinarian for the control of contagious, infectious and communicable livestock diseases, such as tuberculosis, hog cholera, hemorrhagic septicemia, black leg, rabies and other communicable livestock diseases and to prevent the re-infestation of Georgia with the cattlefever tick from the tick infested areas of Florida and Alabama by maintaining an effective quarantine patrol on the border;and for the enforcement of dairy, meat and milk inspection law.
5--The Senate recedes from its position as to Senate Amendment No. 5 of Section 2, relating to the Department of Agriculture.
6--The Senate recedes from its positiOn as to Senate Amendment No. 6, relating to Section 2, Department of Agriculture.
1454
JouRNAL OF THE HousE,
7-The Senate and House both recede from their positions as to Senate Amendment No. 7, relating to Section 6, Department of Audits and substitute the following for Section 6:
SECTION 6. AUDITS, DEPARTMENT OF
(a) Maintenance ........... .$ 65,000.00 $ 65,000.00
Provided, that the above sum appropriated shall be expended at the discretion of the State Auditor for carrying out the duties of the Department of Audits together with the former duties of the auditing department of the Department of Education, which duties have been transferred to the Department of Audits.
Provided further,that from the above appropriation there shall be paid the salary of the State Auditor as fixed by law, Acts 1925page 256; and the salaries of all other employees in such amounts as shall be fixed by the State Auditor.
8-The Senate recedes from its position as to Senate Amendment No. 8, relating to the Department of Audits.
9-The House agrees to Senate Amendment No. 9, Section 7, Division A, Part 1, relating to the salary of the Superintendent of Banks.
THuRsDAY, AuousT 20, 1931.
1455
to--The Senate recedes from its position as to Senate
Amendment No. 10, relating to Section 12, Subsection
(e), the Department of Comptroller-General.
11-The Senate and House both recede from their position as to Senate Amendment No. 11, relating to the Department of Education and substitute for the figures $170,000.00 for each of the years 1932 and 1933 the figures $160,000.00 for each of the years 1932 and 1933.
12-The Senate recedes from its position as to Senate Amendment No. 12, relating to the auditing department of the Department of Education.
13-The Senate and House both recede from Senate Amendment No. 13 relating to Section 15, Item B by striking the figures 54,433,500.00 for the year 1932 and the figures $4,406,000.00 for the year 1933 and substituting in lieu thereof the following $4,343,750.00 for the year 1932 and 54,346,250.00 for the year 1933.
14-The Senate recedes from its position as to Senate Amendment No. 14, Section 15, Item B, relating to the Department of Education.
15-The Senate recedes from its position as to Senate Amendment No. 15 to Section 16, Item A, Department of Vocational Education.
16-The House agrees to Senate Amendment No. 16 to Section 18, of Division A, Part 1 relating to The Forestry Department. The Committee adds to said section the following proviso:
Provided that, The Board of Forestry may expend from this appropriation or any other funds coming into its hands the sum of $20,000.00 or so much thereof as may be necessary to secure donations for the purpose of developing the paper pulp industry in this State.
1456
JouRNAL OF THE HousE,
17-The Senate recedes from its position as to its Amendment No. 17 to Section 18, relating to the Department of Forestry.
18-The Senate recedes from its position as to Senate Amendment No. 18 to Section 19, relating to the Department of Game and Fish.
19-The Senate recedes from its position as to Senate Amendment No. 19 to Section 23, relating to the Department of Horticulture and Entomology.
2(}-The House agrees to Senate Amendment No. 20 to Section 25, fixing the salary of the State Librarian.
21-The Senate recedes from its position as to Senate Amendment No. 21 to Section 25 relating to the State Library.
22-The House agrees to Senate Amendment to Section 27, Subsection (a) of Division A, Part 1, relating to the Military Department.
23-The House agrees to Senate Amendment No. 23 to Section 38, I tern A, relating to Public Buildings and Grounds.
24-The Senate recedes from its position as to Senate Amendment No. 24 to Section 42, Part 1, Division A, relating to the Department of Revenue.
25-The Senate recedes from its position as to Senate Amendment No. 25 to Section 44, Subsection (a), relating to the salary of the Secretary of State.
Your Committee amends House Bill No. 147 by striking therefrom Section 44 in its entirety and substitutes in lieu thereof the following:
SECTION 44. SECRETARY OF STATE, DEPARTMENT OF
(a) Maintenance ........... $ 15,000.00 $ 15,000.00
THURSDAY, AuousT 20, 1931.
1457
For defraying the expenses incurred in the operations of the offices of Secretary of State and Corporation Commissioner.
(b) Maintenance ........... $135,000.00 $135,000.00
For defraying the expenses incurred in the operations of the office of Motor Vehicle Commissioner.
Provided further, that the official administering the Motor Vehicle Tax laws is hereby authorized and directed to pay into the General Fund pf the State Treasury 5% of the total net collections derived from the Motor Vehicle Act which expense of collection is provided for by the above appropriation.
26-The Senate recedes from its position as to Senate Amendment No. 26 to Section 46, Item A, relating to the Department of State Tax Commission.
27-The Senate recedes from its position as to Senate Amendment No. 27 to Section 46, relating to the salary of the State Tax Commissioner.
28-The House agrees to Senate Amendment No. 28 to Section 47, Item (b-2), relating to Interest on Temporary Loans.
29-The Senate recedes from its position as to Senate Amendment No. 29 to Section 50, Item A, relating to the Milledgeville State Hospital.
1458
JouRNAL OF THE HousE,
Your Committee amends said Section 50, Item A by adding thereto the following proviso:
Provided, that if the above amount is insufficient for the maintenance of said State Hospital, the Governor is hereby authorized and directed, as a preference, to allocate an additional sum not to exceed $100,000.00 for each of the years 1932 and 1933 from the Emergency Appropriation contained in Section 1, Item E of this Act.
30-The House and Senate both recede from their position as to Senate Amendment No. 30 to Section 52, relating to the State Tuberculosis Sanatorium.
Your Committee substitutes the following amendment to said Section 50:
Provided further, that out of the above amount appropriated there may be purchased lands and buildings, the cost of which is not to exceed $7,000.00.
31-The Senate recedes from its position from Senate Amendment No. 31.
32-The Senate recedes from its position from Senate Amendment No. 32.
33-The House agrees to Senate Amendment No. 33 to Section 57, relating to the Prison Farm.
34-The Senate recedes from its position as to Senate Amendment No. 34 to Section 67, relating to the Fourth District A. & M. School.
35-The House and Senate both recede from their position as to Senate Amendment No. 35 to Section 68, relating to the Georgia Vocational and Trades School at Monroe. Your Committee amends Section 68 by striking therefrom the figures $15,000.00 each of the years 1932 and 1933 and substituting in lieu thereof the figures $20,-
THURSDAY, AuausT 20, 1931.
1459
000.00 for the year 1932 and $20,000.00 for the year 1933.
36--The House and Senate both recede from their position as to Senate Amendment No. 36 to Section 69 relating to the Georgia Industrial College at Barnesville. Your Committee amends said Section 69 by striking therefrom the figures $15,000.00 for the years 1932 and 1933 and substituting in lieu thereof the figures $20,000.00 for each of the years 1932 and 1933.
37-The Senate recedes from its position as to Senate Amendment No. 37 to Section 70,' relating to the Seventh District A. & M. School at Powder Springs.
38-The Senate recedes from its position as to Senate Amendment No. 38 to Section 71, relating to the Eighth District A. & M. School at Madison.
39-The Senate recedes from its position as to Senate Amendment No. 39 to Section 73, relating to the Ninth District A. & M. School at Clarkesville.
4(}-The Senate and House both recede from their. position as to Senate Amendment No. 40 to Section 73, relating to the Tenth District A. & M. School at Granite Hill.
Your Committee amends said Section 73 by striking therefrom the figures $15,000.00 for each of the years 1932 and 1933 and substituting in lieu thereof the figures of $10,000.00 for the year 1932.
41-The Senate recedes from its position as to Senate Amendment No. 41 to Section 76, relating to Bowdon State Normal and Industrial College.
42-The Senate recedes from its position as to Senate Amendment No. 42 to Section 80, Item A, relating to Medical College, Augusta.
43-The Senate recedes from its position as to Senate Amendment No. 43 to Section 85, relating to Georgia Military College, Milledgeville.
1460
JouRNAL OF THE HousE,
Your Committee amends House Bill No. 147 by striking therefrom Section 85 in its entirety.
44-The Senate recedes from its position as to Senate Amendment No. 44 to Part 1, Division F, Section 89, Subsection (a), relating to the expenses of committees visiting chain-gangs in this State.
45-The Senate recedes from its position as to Senate Amendment No. 45 to Part 2, Section 4, Item A, relating to Vocational Education.
46-The Senate recedes from its position as to Senate Amendment No. 46 to Part 2, Section 5, Item A, relating to the Smith-Lever Fund.
47-The Senate recedes from its position as to Senate Amendment No. 47 to Part 2, Section 6, Item A, relating to Prison Commission.
48-The House agrees to Senate Amendment No. 48 to Section 8, Part 2.
Your Committee amends Senate Amendment No. 48 to Section 8, Part 2 by adding thereto the following proviso:
Provided further, that the appropriations made in this Act, except the appropriations made to the Legislative and Judicial Departments of the State; for the payment of the Public Debt and Interest thereon; and for the payments to the various counties of the State to be used exclusively for the maintenance and construction of Public Roads, shall not be directly disbursed by the State Treasurer to any obligee of the State Departments, Boards, Commissions, Bureaus, Institutions and Educational interests of the State, but shall be disbursed upon the receipt of an Executive warrant in a lump sum to the official or officials of said Departments, Boards, Com-
THuRsDAY, AucusT 20, 1931.
1461
missions, Bureaus, Institutions, and Educational interests of the State who are designated to receive and disburse or to control the receipts and disbursements of funds, who will in turn make the payments which are due the obligees of the State.
49-The Senate recedes from its position as to Senate Amendment No. 49 to Division C, Section 60, Item A relating to the Georgia Experiment Station at Griffin.
50-Your Committee amends House Bill No. 147, Section 89, Paragraph 12, by striking therefrom the sum of $5,000.00 and substituting in lieu thereof the sum of $7,500.00 and adds the following proviso: Provided, however, that the sum of $2,500.00 be immediately available for the payment of the printing, stationery and etc. incident to the General Assembly for the year 1931.
Your Committee further amends House Bill No. 147, Section 89, Paragraph 13, by striking therefrom the figures $5,000.00 and substituting in lieu thereof the figures $6,500.00 and adds the following proviso:
Provided, however, that the sum of $1,500.00 of said $6,500.00 be immediately available to pay the expenses of committees already incurred during the present session of the General Assembly.
Respectfully submitted,
On the Part of the Senate:
DEKLE of the 6th District, HAND of the 8th District, ENNIS of the 20th District,
On the Part of the House: CuLPEPPER of Fayette, RivERS of Wheeler, FAGAN of Peach.
1462
JouRNAL OF THE HousE,
Mr. Nelson of Cook moved that the House adopt the report of the Conference Committee on House Bill No. 147.
On the motion, Mr. Hatcher of Johnson moved the previous question.
Mr. Lanier of Richmond moved that the House do now adjourn, and the motion was lost.
The motion for the previous question prevailed, and the main question was ordered.
On the adoption of the Conference Committee report of House Bill No. 147, the ayes were 140, nays 8, and the report was adopted.
The following resolution of the Senate was read and adopted:
By Messrs. Ennis of the 20th District, Harris of the 18th District, and others-
Senate Resolution No. 70. A resolution that the Departments and institutions of the State of Georgia give preference to Georgia products in purchasing their supplies, and for other purposes.
Privileges of the floor were granted to Messrs. W. J. Paulk and W. 0. Wingate of Irwin County, and Mr. I. B. Hailey of Hart County.
Mr. Hyman of Washington moved that the House do now adjourn, and the motion prevailed.
Leave of absence was granted to Messrs. Ross of Dodge and Bunn of Ware.
The Speaker announced the House adjourned until tomorrow morning, at 9:00 o'clock.
FRIDAY, AUGUST 21, 1931.
1463
REPRESENTATIVE HALL, _ATLANTA, GA.,
FRIDAY, AUGUST 21, 1931.
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 Allen Almand Andrews Arnold Arrington Ashley Atwobd Awtrey Bargeron Barrett Battle Beaman Bean BeasleY Bennett of Bacon Bennett of Jeff Davis Bland Brannen Brown Brunson Bunn Burton Bush Cain Cannon Carlisle of Bibb Carlisle of Grady Cartledge Chalker
Chambers Childs Clark Clements of Marion Clements of Telfair Cochran Collier Colson Courson Cowart Cozart Crawford Crowe Cullens Culpepper of Echols Culpepper of Fayette Davis of Floyd Davis of Jackson Davis of Mitchell Davis of Troup Dixon Donaldson Dorsett Duncan Eckford Edmondson Edwards of Gilmer Edwards of Stephens Elliott Evans Fagan
Franklin Fraser Freeman Gary Gillen Graham Grayson Green Greer Griffeth Griffin of Decatur Griffin of Wilkes Gullatt Hampton Hardin Harris Harrison of Camden Harrison of Jenkins Hatcher Hawes Hodges Holt Horne Howard of Chatt'h'chee Howard of Long Hubbard of Habersham Hubbard of Wilkinson Huddleston Hutcheson Hyman Irvin
1464
JouRNAL oF THE HousE,
James
Montgomery
Johnson of Montgomery Mooty
Johnson of Pike
Morris
Johnson of Seminole Moye
Johnston
Mundy
Jones of Burke
Musgrove
,Jones of Lumpkin
Myrick
Jones of Paulding
Nelson of Cook
Kennedy
Nelson of Laurens
Key
Oliver
Killebrew
Osteen
Kimbrough
Pace
Kimsey
Parham
King of Clay
Park
King of Newton
Patten
Lance
Paulk
Lanham
Peebles
Lanier
Phillips
Leathers
Pittard
Lester
Pope
Lewis of Gordon
Powell
Lewis of Hancock
Preston
Lindsay
Purdy
Logan
Purvis
Lord
Rabun
McElreath
Rivers
McGehee
Roberts
McKoy
Robertson
McLeod
Ross of Appling
McRae
Ross of Dodge
McWhorter
Rosser
Mallard
Sammon
Mardre
Scarbrough
Mattox
Seckinger
Mercer
Sharpe
Meredith
Shirley
Mixon
Simmons
Sims Sisk Skelton Spivey Stanton Stewart Still Stone Strickland of Douglas Strickland or Haralson Sutton Swain Tate Taylor Thomas Thomoson Thompson Tippins Townsend Trapnell Trotter Turner Waldrop Walker of Ben Hill Walker of Brooks Walker of Morgan Walker of Screven Wall Weeks Westbrook Whittle Wilkes Williams Wilson Wood Yawn Mr. Speaker
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the reqms1te constitutional majority the following bills of the House, to-wit:
FRIDAY, AuousT 21, 1931.
1465
By Messrs. Beaman, Leathers, and Lindsay of DeKalb, and Hutcheson of Walker-
House Bill No. 40. A bill to be entitled an Act to amend Section 4 of an Act approved August 21, 1917, entitled "An Act to provide for the assurance, registration, and transfer of land titles and interest therein, and for other purposes."
By Mr. Beaman of DeKalbHouse Bill No. 86. A bill to be entitled an Act to pro-
vide that mortgages and deeds to secure debt and bills of sale, executed within or without the State, may be attested in the same manner as is provided for deeds of bargain and sale; and for other purposes.
By Mr. Key of J1lSper-
House Bill No. 219. A bill to be entitled an Act to regulate outdoor advertising, and for other purposes.
By Mr. Bunn of Ware-
House Bill No. 355. A bill to be entitled an Act to provide for the manner in which tax fi. fas. shall be issued by the collectors of ad valorem taxes in those counties in the State of Georgia, having a population according to the United States Census of 1930, or any future census of not less than 26,525 persons and/or more than 26,600 persons, and for other purposes.
By Mr. Thomason of Worth-
House Bill No. 357. A bill to be entitled an Act to prescribe the date from which the execution of sentences, imposed in criminal cases shall be computed, and for other purposes.
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 387. A bill to be entitled an Act to amend an Act of the Legislature approved August 16, 1931,
1466
JouRNAL oF THE HousE,
so as to make the bailiff to the Solicitor of the City Court and the bailiff to the Solicitor of the Superior Court in counties of not less than 70,000 or more than 74,000 the probation officers, and for other purposes.
By Mr. Davis of Mitchell-
House Bill No. 425. A bill to be entitled an Act to revise laws of the State with reference to commitments to the Georgia State Sanitarium, and for other purposes.
By Messrs. Carlisle, Gillen, and Park of Bibb-
House Bill No. 426. A bill to be entitled an Act to authorize and require the opening of tax receivers' books in certain counties, and for other purposes.
By Messrs. Lanier, Lester, and Cartledge of Richmond-
House Bill No. 432. A bill to be entitled an Act to repeal an Act entitled "An Act to authorize the City Council of Augusta to create a Board of Health for said City," and all Acts amendatory thereof; and for other purposes.
By Messrs. Park and Gillen of Bibb-
. House Bill No. 449. A bill to be entitled an Act to authorize the Board of County Commissioners or other fiscal agent of certain counties in this State, to elect one member of the Board of County Tax Assessors as full-time tax assessor; and to authorize said Board of County Commissioners or other fiscal agent of the county to fix his compensation; and for other purposes.
By Messrs. Stanton and Bunn of Ware-
House Bill No. 507. A bill to be entitled an Act to provide for the compensation of Juvenile Court Judges in counties of this State having a population of 26,525 to 26,600 according to the United States Census of 1930 and in counties of this State that may have a population from 26,525
FRIDAY, AUGUST 21, 1931.
1467
to 26,600 by any future United States Census; to provide the manner in which this compensation is to be allowed and paid; and for other purposes.
By Mr. Eckford of Fulton-
House Bill No. 527. A bill to be entitled an Act to amend an Act authorizing the Board of Commissioners of Roads and Revenues to supplet;nent funds of the county board of education in counties of not less than 200,000 population, and for other purposes.
By Messrs. Gillen and Carlisle of Bibb-
House Bill No. 544. A bill to be entitled an Act to prevent ineligibility of policemen and firemen in cities of a population in excess of 53,820 and not more than 58,820 by reason of affirmation with or membership in a religious, fraternal, or labor organization, and for other purposes.
By Messrs. Lester and Lanier of Richmond-
House Bill No. 565. A bill to be entitled an Act to amend the charter of the City of Augusta so as to provide for and create the Augusta Canal Commission with authority and jurisdiction over the Augusta Municipal Canal; to provide for the adoption by said commission of a comprehensive plan for the electrification of the waterpower of the Augusta Municipal Canal.
By Messrs. Eckford, McRae, and Still of Fulton, and others-
House Bill No. 570. A bill amending an Act amending the charter of the City of Atlanta.
By Messrs. Eckford of Fulton, Lindsay of DeKalb, and others-
House Bill No. 574. A bill increasing the City Limits of Atlanta.
1468
JouRNAL OF THE HousE,
By Messrs. Lindsay of DeKalb, Eckford of Fulton, and others-
House Bill No. 575. A bill amending an Act relating to the Civil Code of Atlanta of 1924.
By Mr. Scarbrough of Polk-
House Bill No. 583. A bill to amend and consolidate the several Acts incorporating the Town of Rockmart.
By Mr. Cullens of Treutlen-
House Bill No. 588. A bill to prohibit goats from running at large in Treutlen County.
By Mr. Bland of Stewart-
House Bill No. 601. A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for Stewart County.
By Mr. Patten of Lanier-
Hause Bill No. 605. A bill to create the office of Commissioner of Roads and Revenues of Lanier County.
By Messrs. Adams of Towns, Culpepper of Echols, and others-
House Bill No. 606. A bill to authorize the ordinaries of certain counties to use funds arising to such counties from the allocation of gasoline tax monies in retiring highway bonds issued. by such counties.
By Mr. Walker of Ben Hill-
House Bill No. 607. A bill creating a County Depository for Ben Hill County.
By Mr. Preston of WaltonHouse Bill No. 618. A bill to provide that County
FRIDAY, AuausT 21, 1931.
1469
Superintendent of Schools may be a resident and reside in the county site of said county, in counties having a certain population by the United States Census.
By Messrs. Crawford, Davis, and Lanham of Floyd-
House Bill No. 623. A bill to provide that the County Superintendent of Schools shall not be required to be a voter in that part of the county in which he has jurisdiction, in certain counties.
By Messrs. Oliver and Lance of Hall-
House Bill No. 626. A bill to repeal an Act creating a new charter for the Town of Belmont.
By Mr. Gary of Quitman-
House Bill No. 632. A bill to provide that the Board of Commissioners of Roads and Revenues of Quitman County shall consist of five members instead of four.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has refused to adopt the report of the Con~ ference Committee on House Bill No. 147, known as the general appropriations bill, by the vote of 16 ayes and 32 nays against the adoption of the report.
The Senate respectfully requests the appointment of another Conference Committee on the part of the House to confer with a like committee on the part of the Senate.
The President has appointed as a new Conference Committee on the part of the Senate:
Messrs. Cheatham of the 26th District, Duckworth of the 7th District, Harris of the 18th District.
1470
JouRNAL OF THE HousE,
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute by the requisite constitutional majority the following bills of the House, to-wit:
By Mr. Howard of Long-
House Bill No. 627. A bill to amend an Act establishing the City Court of Ludowici.
By Messrs. Lanier, Lester, and Cartledge of Richmond-
House Bill No. 521. A bill to amend an Act to establish a City Court in the County of Richmond.
The Senate has also passed as amended by the requisite constitutional majority the following bill of the House, towit:
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 450. A bill to abolish the Justice Courts and the office of Justice of the Peace and Notary Public of Richmond County.
The Senate has agreed to the House amendments to the following bills of the Senate, to-wit:
By Mr. Courson of the 16th District-
Senate Bill No. 35. A bill to allow fishing with hook and line devices and prescribing a closed season during spawning season, and for other purposes.
By Mr. Jones of the 51st DistrictSenate Bill No. 157. A bill to abolish the office of Tax
FRIDAY, AuousT 21, 1931.
1471
Receiver and Tax Collector of Milton County and create_ the office of Tax Commissioner.
The Senate has adopted as amended the Committee substitute of the House to the following bill of the Senate, to-wit:
By Messrs. McWhorter of the 50th District and Moore of the 47th District-
Senate Bill No. 33. A bill proposing an amendment to the Constitution to classify intangible property and forest lands for taxation.
The Senate agrees to the House Amendments Nos. 1 and 4 to said substitute and disagrees to Amendment No. 2, by Mr. Eckford of Fulton.
The Senate has agreed to the Committee amendment of the House to the following bill of the Senate, to-wit:
By Messrs. Dekle of the 6th District and Moore of the 47th
District-
Senate Bill No. 31. A bill to amend the Code to allow the owner or holder of any equity lien or interest in or on property that has been returned or assessed with other property for taxes, to pay the taxes assessed against such property, to release same from. such lien for taxes.
The Senate has disagreed to the House amendment of Messrs. Stone of Early and Carlisle of Bibb of said bill.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary the~eof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following bills of the House, to-wit:
1472
JouRNAL OF THE HousE,
By Messrs. Lindsay and Leathers of DeKalb-
House Bill No. 155. A bill to amend an Act to regulate the practice of the occupation of a barber.
By Messrs. Lanier, Lest~r, and Cartledge of Richmond-
House Bill No. 278. A bill to direct the Commissioner of Vehicles to enter into agreement with adjoining States providing for reciprocity of motor vehicle operators.
By Mr. Montgomery of Webster-
House Bill No. 368. A bill to amend and revise the several Acts relating to the Confederate Home of Georgia.
By Messrs. Crawford and Lanham of Floyd-
House Bill No. 563. A bill to amend an Act creating a new charter for the City of Rome.
By Messrs. Lester, Lanier, and Cartledge of Richmond, and others-
House Bill No. 592. A bill to create the Savannah River Navigation Commission.
The Senate has also passed by the requisite constitutional majority the following resolutions of the House, to-wit:
By Mr. Lewis of Hancock-
House Resolution No. 72. A r"esolution authorizing the lOth District A. & M. School to deed land.
By Mr. Adams of Towns-
House Resolution No. 60. A resolution to refund fee deposited under Motor Carriers' Act of 1925.
By Mr. Walker of Ben HillHouse Resolution No. 97. A resolution to relieve a baiL
bond signed by J. B. Seanor and J. Casper.
FRIDAY, AuGusT 21, 1931.
1473
The Senate has agreed to the House amendment to the following resolution of the Senate, to-wit:
By Mr. Reagan of the 35th District-
Senate Resolution No. 50. A resolution ratifying the action of the Western & Atlantic Railroad Commission.
Mr. Hardin of Whitfield, 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. Nelson of Cook, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker: Your Committee on Rules, having had under considera-
tion the calendar of the day, beg to submit the following order:
Senate Bill No. 42. Fuel Distributors' Occupation Tax. House Bill No. 429. The Budget Bill. Senate Resolution No. 8. The Inaugural Bill. Senate Bill No. 8. Senatorial District Bill. Senate Bill No. 59. Allow School Districts to Contract. Senate Bill No. 160. Amend Security Civil Code. Senate Bill No. 58. Allow School District to Consolidate. Senate Bill No. 142. Fire Inspectors' Bill. Senate Bill No. 96. Bus Bill. Senate Bill No. 97. Bus Bill.
1474
JouRNAL oF THE HousE,
Senate Bill No. 66. Amend Georgia Motor Vehicle Law. Senate Bill No. 110. Training School for Colored Girls. Senate Bill No. 53. Chiropodist Bill. Senate Bill No. 82. Chiropractors Bill. Senate Bill No. 145. Welfare Bill. Senate Bill No. 27. Workmen's Compensation Bill. The Speaker is authorized to call up at his discretion during the day, Senate Bills 135, 61, 60 and 156.
Respectfully submitted, NELSON of Cook, Vice-Chairman.
By unanimous consent, the following was established as the order of business during the first part of the period of Unanimous Consents:
1. Reports of Standing Committees.
2. Reading of House and Senate bills and resolutions, favorably reported, the second time.
3. Passage of uncontested local House and Senate bills and resolutions.
4. First reading of Senate bills and resolutions.
The following resolution of the House was read and ordered to lie on the table one day:
By Mr. Lester of Richmond-
House Resolution No. 120. A resolution providing that a committee of not exceeding five members of the House be appointed by the Speaker to investigate the Public Service Commission of Georgia, and for other purposes.
FRIDAY, AucusT 21, 1931.
1475
Mr. Lindsay of DeKalb moved that the resolution be committed to the Committee on Railroads.
On the motion to commit, the ayes were 50, nays 55, and the motion was lost.
The following resolution of the House was read and adopted:
By Messrs. Burton of Franklin and Bland of StewartHouse Resolution No. 121.
A RESOLUTION
Whereas, a copy of the Macon Telegraph has been placed on the desk of each member of this House each morning during this session of the Georgia Legislature, and
Whereas, such courtesy on the part of said Macon Telegraph has brought to us each day much useful news and views as expressed in said paper by its reporter, news service and able editor,
Be it resolved, That we the members of the House of Representatives do extend our sincere thanks to sllid paper for this service, and hereby express our appreciation to the Telegraph for its cooperation with this body in its deliberations, and
Be it further resolved, That a copy of this resolution be sent the editor of the Macon Telegraph.
Mr. Andrews of Crawford County, Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. Speaker:
Your Committee on Counties and County Matters has had under consideration the following bill of the Senate and
1476
JouRNAL or THE HousE,
has instructed me, as chairman, to report the same back to the House with the recommendation that:
Senate Bill No. 170 do not pass. Respectfully submitted, ANDREws of Crawford, Chairman.
Mr. Hubbard of Wilkinson, Chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker:
Your Committee on Enrollment has examined, found properly enrolled, signed, and ready for transmission to the Governor, the following Acts and resolution, to-wit:
House Bill No. 565. An Act to amend the charter of the City of Augusta.
House Bill No. 418. An Act to abolish the offices of Tax Receiver and Tax Collector of Stephens County.
House Resolution No. 70. A resolution instructing the Highway Department to pave certain roads.
House Bill No. 432. An Act to combine the Board of Health for the City of Augusta and the County of Richmond.
Respectfully submitted,
HuBBARD of Wilkinson,
Chairman.
Mr. Mardre of Thomas County, Chairman of the Committee on Game and Fish, submitted the following report:
Mr. Speaker:
Your Committee on Game and Fish has had under consideration the following bill and resolution of the Senate
FRIDAY, AucusT 21, 1931.
1477
and has instructed me, as chairman, to report the same back to the House with the recommendation that:
Senate Bill No. 147 do pass. Senate Resolution No. 61 do pass.
Respectfully submitted, MARDRE of Thomas, Chairman.
Mr. Johnson of Seminole County, Chairman of the Committee on General Agriculture No. 1, submitted the following report:
Mr. Speaker:
Your Committee on General Agriculture 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:
Senate Bill No. 167 do pass. Respectfully submitted, JOHNSON of Seminole, Chairman.
Mr. King of Newton County, Vice-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 vice-chairman, to report the same back to the House with the recommendation that:
1478
JouRNAL oF THE HousE,
Senate Bill No. 112 do pass. Respectfully submitted, KING of Newton, Vice-Chairman.
Mr. Allen of Baldwin 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:
Senate Bill No. 49 do pass.
Respectfully submitted,
ALLEN of Baldwin,
Chairman.
Mr. Trotter of Taliaferro County, Chairman of the Com-
mittee on Municipal Government, submitted the following
report:
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:
Senate Bill No. 79 do pass.
Respectfully submitted,
TROTTER of Taliaferro,
Chairman.
FRIDAY, AucusT 21, 1931.
1479
Mr. Beasley of Tattnall 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 Senate and has instructed me, as chairman, to report the same back to the House with the recommendation that:
Senate Bill No. 60 do not pass.
Senate Bill No. 178 do not pass.
Respectfully submitted,
BEASLEY of Tattnall,
Chairman.
By unanimous consent, the following bills and resolution of the Senate, favorably reported, were read the second time:
By Mr. Dekle of the 34th District-
Senate Bill No. 112. A bill to amend an Act regulating fraternal societies, and for other purposes.
By Mr. Courson of the 16th District-
Senate Bill No. 147. A bill to provide for the use of wooden and wire baskets in certain counties, and for other purposes.
By Messrs. Weekes of the 34th District and Fowler of the 39th District-
Senate Resolution No. 61. A resolution nammg an official bird of Georgia, and for other purposes.
By Mr. Reagan of the 35th DistrictSenate Bill No. 79. A bill to amend the laws relative to
1480
JouRNAL OF THE HousE,
the registration of voters in certain counties, and for other purposes.
By Mr. Neisler of the 23rd District-
Senate Bill No. 167. A bill to repeal an Act regulating the grading and marking of peaches and apples in closed packages, and for other purposes.
By Mr. Weekes of the 34th District-
Senate Bill No. 49. A bill to provide for the issuing of licenses to operators of automobiles in this State, and for other purposes.
The following resolution of the Senate was read and adopted:
By Mr. Williams of the 27th District-
Senate Resolution No. 57. A resolution to provide for the celebration of the 200th anniversary of the State of Georgia, and for other purposes.
By unanimous consent, the following resolutions of the House were taken up for consideration:
By Messrs. Nelson of Laurens, Evans of McDuffie, and Brown of Greene-
House Resolution No. 117. A resolution requiring the Chairman of the State Highway Board to furnish certain information to the House of Representatives, and for other purposes.
Mr. Beasley of Tattnall moved to table House Resolution No. 117.
On the motion to table, Mr. Nelson of Laurens moved the ayes and nays, and the call was not sustained.
The motion to table prevailed.
FRIDAY, AucusT 21, 1931.
1481
By Mr. Osteen of Bryan-
House Resolution No. 113-642a. A resolution to relieve
J. M. Griner and his surety on bond from any claim.
By unanimous consent, the previous question was called, and the main question ordered.
The report of the .committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 115, nays 0.
The resolution having received the requisite constitutional
majority was adopted.
The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:
By Mr. Lanier of Richmond and others-
House Bill No. 521. A bill to be entitled an Act to amend an Act to establish a City Court in the County of Richmond, and for other purposes.
Mr. Lanier of Richmond asked unanimous consent that the House agree to the following Senate substitute to House Bill No. 521, and the request was granted:
Senate substitute for House Bill No. 521.
A BILL
To be entitled an Act to amend an Act to establish a City Court in the County of Richmond, to provide for the appointment of a judge and solicitor thereof, and to define their powers and duties, approved September 22, 1881, and Acts amendatory thereof, so as to fix the compensation and salary of the judge of said court and to put certain restrictions on the judge and solicitor of said
1482
JouRNAL OF THE HousE,
court, relative to the practice of law, 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 after the expiration of the term of the present judge of the City Court of Richmond County that .said judge shall not practice law as an attorney or counsel at law, and the same provisions of the law of this State in regard to the practice of law for the judges of the superior court shall also apply to the judge of said city court.
Sec. 2. Be it further enacted by the authority aforesaid, that from and after the expiration of the term of the present solicitor of the City Court of Richmond County, said solicitor shall not practice criminal law in any of the courts of this State, except in the discharge of the duties of the office of solicitor of said court, or prosecuting and/or assisting in the prosecution of cases in other courts.
Sec. 3. Be it further enacted that all laws and partsof laws in conflict to this Act, be, and the same are hereby repealed.
Mr. Lanier of Richmond asked unanimous consent that the House agree to the following Senate amendment to House Bill No. 450, and the request was granted:
Senate amendment to House Bill No. 450.
The committee moves to amend House Bill No. 450 by striking from Section 1 the following "November 1, 1931," and inserting in lieu thereof the following "January 1, 1933."
The committee further moves to amend by striking therefrom Section 6 in its entirety.
The committee further moves to amend by striking from Section 3 the following language, "Septemher, 1931" and insert in lieu therefor the following "December, 1932."
FRIDAY, AucusT 21, 1931.
1483
The committee moves to amend House Bill No. 450 by adding thereto a new section to be known as Section 38 (a) and to read as follows, to-wit: This Act shall not be effective until the Constitution of the State has been amended so as to strike from the end of Section 7, Article 6 the following language "Provided that nothing herein contained shall apply to Richmond County."
The committee moves to amend House Bill No. 450 by striking from Section 20 the following "January, 1932" and insert in lieu thereof the following "January, 1833."
Mr. Lanier of Richmond asked unanimous consent that the following Senate amendment to House Bill No. 278 be agreed to as amended, and the request was granted:
Senate amendment to House Bill No. 278.
Mr. Duckworth of the 7th District moves to amend House Bill No. 278 by adding at the end of Section 5 the following words: Provided that all reciprocal agreements entered by the commissioner while the Legislature is not in session, shall be approved by the Governor.
House amendment to the above Senate amendment.
Mr. Lanier of Richmond moves to amend the Senate amendment by adding thereto the following: "Provided, nevertheless, that no agreement shall be made, or approved hereunder, which relates to motor vehicles operated for hire, nor shall the provisions of this Act apply to such vehicles.''
Mr. Lanier of Richmond asked unanimous consent that the House agree to the Senate amendment to House Bill No. 592, and the request was granted:
Senate amendment to House Bill No. 592.
Mr. Harris of the 18th District moves to amend House Bill No. 592 by adding the following at the end of Section 1, to-wit:
1484
JouRNAL OF THE HousE,
Provid.ed, however, that the members of said commission shall be nominated by the City Council of the City of Augusta before being appointed by the Governor.
Under the order of business established by the Rules Committee, the following bills and resolutions of the House and Senate were taken up for consideration, and read the third time:
By :\1r. Pruett of the 32nd DistrictSenate Bill No. 42. A bill to be entitled an Act to amend
the fuel distributors tax, and for other purposes.
Mr. Kennedy of Lamar moved to recommit Senate Bill No. 42 to the Committee on Public Highways.
Mr. Walker of Ben Hill moved to table Senate Bill No. 42, and the motion was lost.
The motion to recommit prevailed, and the bill was recommitted to the Committee on Public Highways.
By Messrs. Rosser of Walker, Mooty of Troup, and Huddleston of Meriwether-
Hause Bill No. 429. A bill to be entitled an Act to amend the Constitution providing for the manner in which bills and resolutions appropriating money become laws, and for other purposes.
On House Bill No. 429, Mr. Sisk of Elbert moved the previous question.
The motion prevailed and the main question was ordered.
The following substitute to House Bill No. 429 was read:
The committee move.> to substitute for House Bill No. 429 the following:
A BILL
Proposing to the people of Georgia an amendment to the Constitution thereof, for ratification or rejection by
FRIDAY, AucusT 21, 1931.
1485
them, by striking from Section 7 of Article 3, Paragraph 9 in its entirety. Said paragraph relating to the general appropriation bill, and inserting in }ieu thereof a new paragraph providing for a State budget, and for other purposes.
The General Assembly hereby proposes to the people of Georgia an amendment to the Constitution of the State by striking Paragraph fl of Section 7, of Article 3, in its entirety, said paragraph relating to the general appropriation bill, and substituting in lieu thereof the following paragraph
to be known as Paragraph 9 of Section 7 of Article :-3, to-wit:
"Paragraph 9. There shall be established in the office of the Governor a Budget Bureau, for the purpose of promoting economy and efficiency in the management of the State's finances. The Governor shall be, ex-officio, Director of the Budget, and the State Auditor shall be assistant director of the budget.
"\Vithin one week after the General Assembly convenes at each regular session, the Governor shall sub.mit to the General Assembly a budget, setting forth the proposed expenditures of all departments, offices and agencies of the State for the next two ensuing years, and the anticipated revenues of the State from all sources. The various departments, institutions and agencies of the State shall furnish the Governor such information, and in such form, as he may require. At the time of submitting the budget to the General Assembly, the Governor shall submit therewith a general appropriation bill covering all the proposed expenditures set forth in the budget. He shall also submit a bill, or bills, to raise any additional funds required to meet the proposed expenditures. The General Assembly may amend the general appropriation bill, provided the total appropriations shall not be increased beyond the anticipated revenues.
"Appropriations not included in the general appropriation bill submitted by the Governor shall be made only by separate bills, each containing a single subject, but no such
1486
JouRNAL OF THE HousE,
bill shall be passed until revenues are provided to meet its requirements.
"No special appropriation bill shall be passed until the general appropriation bill, as submitted by the Governor, or as amended by the General Assembly, shall have been enacted, unless the Governor shall recommend the passage of an emergency appropriation, or appropriations, to continue in force only until the general appropriation bill shall become effective.
"No money shall be drawn from the treasury except in accordance with appropriations made by law and on warrants drawn by the Governor, nor shall any obligation for the payment of money be incurred except as authorized by law. No appropriation shall confer authority to incur an obligation without the approval of the Governor, and in no case after the termination of the fiscal period to which it relates."
The Governor is hereby required at the next general election to be held on the Tuesday after the first Monday in November, 1932, to submit this amendment to the people of the State for their ratification or rejection. All persons voting at said general election in favor of adopting said proposed amendment to the Constitution shall have written or printed on their ballots the words "For ratification of amendment of Paragraph 9, Section 7, of Article 3, providing for a State Budget;" and all persons voting against the adoption of said amendment shall have written or printed on their ballots the words: "Against ratification of amendment of Paragraph 9, Section 7, of Article 3, providing for a State Budget."
The Governor shall cause the above proposed amendment tQ be published in a newspaper in each Congressional District of the State for two months before the next general election. The votes cast at such election on said amendment shall be consolidated in the several counties as required by law in elections for members of the General
l'RIDAY, AucusT 21, 1931.
Assembly, and the returns thereof shall be made to the Governor. Should a majority of the votes cast at said election be in favor of the ratification of said amendment the Governor shall by his proclamation declare the same adopted and said amendment shall thereupon become a part of the Constitution of the State.
The following amendments were read and adopted:
Messrs. Rosser of Walker and Park of Bibb move to amend the substitute for House Bill No. 429 by striking from the second paragraph thereof the following:
"Within one week after the General Assembly convenes at each regular session, the Governor shall submit to the General Assembly a budget, setting forth the proposed expenditures of all departments, offices and agencies of the State for the next ensuing fiscal years, and the anticipated revenues of the State from all sources. The various departments, institutions and agencies of the State shall furnish the Governor such information, and in such form, as he may require. At the time of submitting the budget to the General Assembly, the Governor shall submit therewith a general appropriation bill covering all the proposed expenditures set forth in the budget. He shall also submit a bill; or bills, to raise any additional funds required to meet the proposed expenditures."
and by striking from Paragraph four (4) the following:
"to continue in force only until the general appropriation bill shall become effective."
so that said proposed amendment to the Constitution shall read as follows:
"Paragraph 9. There shall be established in the office of the Governor a Budget Bureau, for the purpose of promoting economy and efficiency in the management of the State's finances. The Governor shall be, ex-officio, Director of the Budget, and the State Auditor shall be assistant director of the budget.
1488
JouRNAL oF THE HousE,
"The General Assembly may amend the general appropriation bill, provided the total appropriations ~hall not
be increased beyond the anticipated revenues.
"Appropriations not included in the general appropriation bill submitted by the Governor shall be made only by separate bills, each containing a single subject, but no such bill shall be passed until revenues are provided to meet its requirements.
"No special appropriation bill shall be passed until the general appropriation bill, as submitted by the Governor, or as amended by the General Assembly, shall have been enacted, unless the Governor shall recommend the passage of an emergency appropriation, or appropriations.
"No money shall be drawn from the treasury except in accordance with appropriations made by law and on warrants drawn by the Governor, nor shall any obligation for the payment of money be incurred except as authorized by law. No appropriation shall confer authority to incur an obligation without the approval of the Governor, and in no case after the termination of the fiscal period to which it relates."
The substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.
The bill involving an amendment to the Constitution, the roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Allen Almand Andrews Arnold Arrington Ashley
Atwood Awtrey Bargeron Barrett Battle Beaman Bean
Beasley Bennett of Jeff Davis Bland Brannen Brunson Burton Bush
FRIDAY, AuGusT 21, 1931.
1489
Cannon Carlisle of Bibb Carlisle of GradY Cartledge Chalker Childs Clark Clements of Marion Cochran Collier Colson Courson Cowart Cozart Crawford Crowe Culpepper of Echols Culpepper of Fayette Davis of Jackson Davis of Mitchell Davis of Troup Dixon Donaldson Dorsett Duncan Eckford Edwards of Gilmer Edwards of Stephens Elliott Fagan Fraser Freeman Gary Graham Grayson Green Greer Griffeth Griffin of Decatur Griffin of Wilkes Gullatt Hampton Hardin Harris Harrison of Camden Harrison of Jenkins
Hatcher
Mundy
Hawes
Musgrove
Hodges
Myrick
Holt
Nelson of Cook
Home
Nelson of Laurens
Hubbard of HabershamOliver
Huddleston
Osteen
Hutcheson
Pace
Hyman
Parham
Irvin
Park
James
Patten
Johnson of MontgomeryPaulk
Johnson of Pike
Peebles
Johnson of Seminole Phillips
Johnston
Pittard
Jones of Burke
Powell
Jones of Lumpkin Preston
Jones of Paulding Purdy
Kennedy
Purvis
Key
Rabun
Killebrew
Rivers
Kimbrough
Roberts
Kimsey
Robertson
King of Clay
Ross of Appling
King of Newton
Rosser
Lance
Scarbrough
Lanham
Seckinger
Lanier
Sharpe
Leathers
Shirley
Lester
Simmons
Lewis of Gordon
Sims
Lindsay
Sisk
Logan
Skelton
Lord
Spivey
McElreath
Stanton
McGehee
Still
McKoy
Strickland of Douglas
McLeod
Sutton
McRae
Swain
Mallard
Taylor
Mattox
Thomoson
Meredith
Thompson
Mixon
Townsend
Mooty
Trotter
Morris
Waldrop
Moye
Walker of Ben Hill
1490
JouRNAL or THE HousE,
Walker of Brooks Walker of Screven Wall
Weeks Westbrook Whittle
Williams Wilson Wood
Those voting in the negative were Messrs.:
Howard of Chatt'h'chee Montgomery Hubbard of Wilkinson Pope
Those not voting were Messrs.:
Tippins
Alexander Bennett of Bacon Brown Bunn Cain Chambers Clements of Telfair Cullens Davis of Floyd Dykes Edmondson Edwards of Lowndes
Evans Franklin Gillen Howard of Long Lewis of Hancock McWhorter Mardre Maynard Mercer Ross of Dodge Sammon Stewart
Stone Strickland of Haralson Tate Thomas Trapnell Turner Walker of Morgan Wilkes Yawn Mr. Speaker
On the passage of the bill by substitute as amended, the a yes were 168, nays 5.
The bill having received the reqms1te two-thirds constitutional majority was passed by substitute as amended.
Dr. Howard of Chattahoochee filed the following protest:
Dr. Howard of Chattahoochee begs leave to file the following protest:
Since we already have the same law enacted by the General Assembly; and whereas I believe it is unnecessary to amend the Constitution with such little thought and deliberation I think the passage of this resolution is unnecessary and perhaps unwise.
Mr. Eckford of Fulton arose to a question of personal privilege and addressed the House.
Mr. McRae of Fulton arose to a question of personal privilege and addressed the House.
FRIDAY, AucusT 21, 1931.
1491
By unanimous consent, the following bill of the House was taken up for the purpose of considering the Senate amendment thereto:
By Mr. Thompson of Barrow-
House Bill No. 619. A bill to be entitled an Act to provide that the County School Superintendent may reside in the county site of counties having a certain population, and for other purposes.
Committee amends House Bill No. 619 by striking the words and figures in Section 2, twelve thousand four hundred (12,400) and inserting the words and figures (9,000) nine thousand.
The amendment was agreed to.
By Mr. Neill of the 24th District-
Senate Resolution No. 8.
A RESOLUTION
Proposing to the people of the State of Georgia an amendment to the Constitution thereof, for ratification or rejection by them, by striking from Section 4 of Article 3 of said Constitution Paragraph 3 thereof in its entirety, relating to the time of meeting of the General Assembly, and inserting a new paragraph to be known as Paragraph 3, providing a special biennial session of the General Assembly on the first Monday in January, 1933, and biennially thereafter, and changing date of regular session, and for other purposes.
The General Assembly of Georgia hereby proposes to the people of Georgia an amendment to Section 4 of Article 3 of said Constitution by striking Paragraph 3 of said section of said article, relating to time of meeting of the General Assembly, and by inserting in lieu thereof, a new para-
11~):2
J ocRNAL oF THE HousE,
graph to be known as Paragraph 3, which shall read as follows, to-wit:
"Paragraph 3. The General :\ssembly shall meet on the first l\Ionday in January, 193:), and bienni:t!ly thereafter on the same date until the day shall be changed by law. Such session shall continue no longer than ten (10) days, and the only business which shall be transacted thereat, shall be the election of officers of the General :\ssembly and the organization of same; the inauguration of the Governor-elect, and other State house officers, whose terms of office run concurrently with that of the (;o,ernor; the election, or appointment of committees of each House; the election of the Governor and other State house officers, in the event of no election by the people as under the present provisions of this Constitution, the decision of contested elections for Governor and other officers as under present provisions of the Constitution, and the introduction and first reading of bills and resolutions, the impeachment of public officers and trial thereof. Provided, that if, at the end of ten (10) days, an election or contest, or actual trial of impeachment is pending, the session may be prolonged until all such officers shall be elected, so declared and finally inaugurated or installed in office."
"The General Assembly shall reconvene in regular session on the first Monday after the 4th of July, 19:33, and biennially thereafter on the same date until the date shall be changed by law. No such regular session of the General Assembly shall continue longer than sixty (60) days. Provided, that if, an impeachment trial is pending at the end of sixty (60) days, the session may be prolonged until completion of said trial. Provided further, that the General Assembly, by concurrent resolution adopted by the votes of a majority of a quorum of House and Senate during said Special Session above provided for, and approved by the Governor, is hereby authorized to fix a date for reconvening in regular session prior to date above provided for, in lieu of the date definitely fixed hereinabove.
FRIDAY, AUGUST 21, 1931.
1493
"The terms of the present incumbents of the offices of Governor and those which are for the same as the Governor shall expire upon the inauguration of the Governor at the first biennial session held under the provisions hereof in January, 1933."
The Governor is hereby required at the next general election to be held on the Tuesday after the first Monday in November, 1932, to submit this amendment to the people of the State for their ratification or rejection; that the form of said submission shall be as follows:
"For the ratification of the amendment to Article 3, Section 4, Paragraph 3, of the Constitution, providing for meeting of the General Assembly in January, to inaugurate the Governor" or "Against the ratification of the amendment to Article 3, Section 4, Paragraph 3, of the Constitution, providing for meeting of the General _-\ssembly in. January, to inaugurate the Governor."
The Governor is hereby required to cause the above amendment to be published in one newspaper in each congressional district in the State for the space of two months before the next general election, and the votes cast at said election on said amendment shall be consolidated in the several counties in this State as now required by law in elections for members of the General Assembly, and the .returns thereof be made to the Governor of the State, and should a majority of the votes cast at said election on said amendment be in favor of the ratification thereof, then it shall be the duty of the Governor by his proclamation to declare the same adopted and it shall become a part of the Constitution of the State.
On Senate Resolution No. 8, Mr. Lindsay of DeKalb moved the previous question.
The motion prevailed, and the main question was ordered.
The following amendment was read and adopted:
1494
JouRNAL oF THE HousE,
Mr. Harrison of Jenkins moves to amend Joint Senate Resolution No.8.
By substituting second Monday inJanuary for first Monday in January wherever it appears in the caption of the resolution and in the body of the resolution.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
The bill involving an amendment to the Constitution, the roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Allen Almand Andrews Arnold Arrington Ashley Atwood Awtrey Bargeron Barrett Battle Beaman Bean Beasley Bennett of Bacon Bennett of Jeff Davis Bland Brannen Brunson Burton Bush Carlisle of Bibb Carlisle of Grady Cartledge Chalker Childs Clark Clements of Marion
Cochran Collier Colson Courson Cowart Cozart Crawford Crowe Culpepper of Echols Culpepper of Fayette Davis of Floyd Davis of Jackson Davis of Mitchell Dixon Donaldson Dorsett Duncan Eckford Edwards of Gilmer Edwards of Stephens Elliott Evans Fagan Franklin Fraser Freeman Gary Graham Grayson Green
Greer Griffeth Griffin of Decatur Griffin of Wilkes Gullatt Hampton Hardin Harris Harrison of Jenkins Hatcher Hawes Hodges Holt Horne Howard of Chatt'h'chee Howard of Long Hubbard of Habersham Huddleston Hyman Irvin James Johnson of Montgomery Johnson of Pike Johnson of Seminole Johnston Jones of Burke Jones of Lumpkin Jones of Paulding Kennedy Key
FRIDA v, AucusT 21, 1931.
1495
Killebrew Kimbrough Kimsey King of Clay King of Newton Lance Lanham Lanier Leathers Lester Lewis of Gordon Lindsay Logan Lord McElreath McGehee McKoy McLeod McRae McWhorter Mallard Mattox Mixon Montgomery Mooty Morris Moye MundY Myrick
Nelson of Cook Nelson of Laurens Osteen Pace Parham Park Patten Paulk Phillips Pittard Pope Powell Preston Purdy Rabun Rivers Roberts Robertson Ross of Appling Rosser Scarbrough Seckinger Sharpe Shirley Simmons Sims Sisk Skelton Spive:v
Stanton Stlll Strickland 'ofjDouglas Stricklan(o(Haralson Sutton Swain Tate Taylor Thomas Thomason Thompson Tippins Townsend Trapnell Trotter Turner Waldrop Walker of Ben Hill Walker of Brooks Walker of Morgan Walker of Screven Wall Weeks Westbrook Whittle Willlams Wilson Wood Yawn
Those voting in the negative were Messrs.:
Cannon
Stewart
Those not voting were Messrs.:
Brown Bunn Cain Chambers Clements of Telfair Cullens Davis of Troup Dykes Edmondson Edwards of Lowndes
Gillen
Musgrove
Harrison of Camden Oliver
Hubbard of Wilkinson Peebles
Hutcheson
Purvis
Lewis of Hancock
Ross of Dodge
Mardre
Sammon
Maynard
Stone
Mercer
Wilkes
Meredith
Mr. Speaker
1496
JouRNAL oF THE HousE,
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution as amended, the ayes were 177, nays 2.
The resolution having received the requisite two-thirds constitutional majority was adopted as amended.
Mr. Nelson of Cook asked unanimous consent that when the House adjourn, it stand adjourned until 3:00 o'clock this afternoon, and the request was granted.
Privileges of the floor were granted to Dr. F. B. Ricketson of Warren County, Mr. Cary Skelton of Hart County, Mr. F. H. Gilbert of Washington County, Mrs. P. T. McCutchen of Fulton County, and Mrs. Robert Lee of Paulding County.
Mr. Rosser of Walker moved that the House do now adjourn, and the motion prevailed.
Leave of absence was granted to Mr. Mercer of Twiggs.
The Speaker announced the House adjourned until this afternoon, at 3:00 o'clock.
AFTERNOON SESSION,
3:00 o'clock, P. M.
The House met again at this hour and was called to order by the Speaker.
The roll was called and the following members answered to their names:
Adams Alexander Allen Almand Andrews
Arnold Arrington Ashley Atwood Awtrey
Bargeron Barrett Battle Beaman Bean
FlUDAY, AUGUST 21, 1931.
1497
Dea.llley
Fagan
KiDgofNewton
Bennett of Bacon
Franklin
Lance
Bennett of Jeff Davis Fraser
Lanham
Bland
Freeman
Lanier
Brannen
Gat7
Leathers
Brown
Gillen
Lester
Brunson
Graham
Lewis of Gordon
Bunn
Grayson
Lewis of Hancock
Burton
Green
Lindsay
,Bush
Greer
Lo&an
Cain
Griffeth
Lord
cannon
Griffin of Decatur McElreath
Carlisle offBibb
Griffin of Wilkes
McGehee
Carlisle of Grady
Gullatt
Me:XON"
Cartledge
Hampton
McLeod
Chalker
Hardin
Mc:Bae
Chambers
Harris
McWhorter
Childs
Harrison of Camden Ma.llard
Clark
Harrison of Jenkins Mardre
Clements of Marion Hatcher
Mattox
Olements of Telfair Hawes
Mercer
Coch'ran
Hodges
Meredith
Collier
Holt
Mixon
Colson
Home
MontgomerN"
Courson
Howard of Oha.tt'h'ohee Mooti'
Co~art
Howard of LOng
Morris
Cozart
Hubbard of Habersham Man
Crawford
Hubbard of Wilkinson MundY
Crowe
Huddleston
Musgrove
Cullens
Hutcheson
Mrock
Culpepper of Echols Iryman
Nelson of Cook
Culpepper of Fayette Irvin
Nelson of Laurens
Davis of Floyd
James
Oliver
Davis of Jackson
Johnsonof Montgomefl' Osteen
Davis of Mitchell
Johnson of Pike
Pace
Davis of Troup
Johnson of Seminole Parham
Dixon
Johnston
Park
Donaldson
Jones of Burke
Patten
Dorsett
Jones of Lumpkin Paulk
Duncan
Jones of Paulding Peebles
Eckford
KennedY
Phillips
Edmondson
Key
Pittard
Edwards of Gilmer Killebrew
Pope
Edwards of Stephens Kimhrou@h
Powell
Elliott
Kimsey
Pre&ton
Evans
Xi~ofClay
Purdy
1498
JOURNAL OF THE HousE,
Purvis Rabun Rivers Roberts Robertson .Ross of Appling Ross of Dodge Rosser Sammon Scarbrough Seckinger Sharpe Shirley Simmons Sims Sisk Skelton
Spivey
Trotter
Stanton
Turner
Stewart
Waldrop
Still
Walker of Ben Hill
Stone
Walker of Brooks
Strickland of Douglas Walker of Morgan
Strickland of Haralson Walker of Screven
Sutton
Wall
Swain
Weeks
Tate
Westbrook
Taylor
Whittle
Thomas
Wilkes
Thomason
Williams
Thompson
Wilson
Tippins
Wood
Townsend
Yawn
Trapnell
Mr. Speaker
By unanimous consent, the following Standing Committee report was submitted and read:
Mr. Beasley of Tattnall 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 Senate and has instructed me, as chairman, to report the same back to the House with the recommendation that:
Senate Bill No. 42 do pass as amended. Respectfully submitted, BEASLEY of Tattnall, Chairman.
Mr. Eckford of Fulton asked unanimous consent that the House recede from House Amendment No.2 to the following bill of the Senate:
FRIDAY, AuousT 21, 1931.
1499
By Messrs. McWhorter of the 50th District and Moore of the 47th District-
Senate Bill No. 33. A bill to be entitled an Act to amend the Constitution so as to authorize the General Assembly to classify intangible property and forest lands for taxation, and for other purposes.
The request was granted.
Mr. Culpepper of Fayette asked unanimous consent that the Speaker appoint a Committee of Conference on the p~rt of the House to confer with a like committee on the part of the Senate for the purpose of considering the amendments to House Bill No. 147, known as the general appropriation bill, and the request was granted.
The Speaker appointed as a Committee of Conference on the part of the House the following members of the House, to-wit:
Messrs. Culpepper of Fayette, Rivers of Wheeler,
Fagan of Peach.
By unanimous consent, the following bills of the House were taken up for the purpose of considering the Senate amendments thereto:
By Messrs. Hutcheson and Rosser of Walker, and others-
House Bill No. 146. A bill to be entitled an Act to amend an Act for the protection of birds, game, and fish, and for other purposes.
Senate amendment to House Bill No. 146.
Senate Committee on Game and Fish move3 to amend House Bill No. 146 by adding the County of Floyd Immediately after the word Whitfield in line 6 of said bill.
The amendment was agreed to.
1500
JouRNAL oF THE HousE,
By Messrs. Crawford and Lanham of Floyd-
House Bill No. 563. A bill to be entitled an Act to create a new charter for the City of Rome, and for other purposes.
Senate amendment to House Bill No. 563.
The Senate Committee on Muni"cipal Government moves to amend House Bill No. 563 by striking the last sentence
of Subsection "J" of Section 3 of said bill and inserting in
lieu thereof the following:
A special lien is hereby created on and against the land of abutting owners for any and all assessments made against them under the provisions of this section of this Act relating to such sidewalks, and/or curbing and/or guttering and all the rights, remedies and powers of the City of Rome for issuing, collecting, and transferring executions for any such improvements, and all rights and remedies of abutting property owners, relating thereto, shall be in all respects the same as laid down and p,rovided in Subsections "d", "e", "", "g", "h", and "i" of this section of this Act.
The amendment was agreed to.
By Mr. Montgomery of Webster-
House Bill No. 368. A bill to be entitled an Act to change the governing of the Confederate Soldiers' Home, and for other purposes.
Senate amendments to House Bill No. 368.
Mr. Peterson of the 15th District moves to amend House Bill No. 368 by striking Section 2 in its entirety.
The committee amends by striking from Section 1 of said Act the word five and substituting the word two, so that said section when amended will read as follows: That the Confederate Soldiers' Home of Georgia shall be maintained by the State of Georgia for the benefit of such ex-Confederate soldiers as may need the benefit thereof for a period
FRIDAY, AucusT 21, 1931.
1501
of 2 years from June 3, 1931, or for such period as the number of inmates or applicants may justify or require in the discretion of the General Assembly.
The amendments were agreed to.
By unanimous consent, the following bills of the House were taken up for the purpose of considering the Senate substitutes thereto:
By Mr. Howard of Long-
House Bill No. 627. A bill to be entitled an Act to amend an Act establishing the City Court of Ludowici, and for other purposes.
Senate substitute for House Bill No. 627.
A BILL
An Act to amend the Act creating the City Court of Ludowici by reducing the jury terms to three terms to be held on second Mondays in February and June and fourth :\Ionday in September of each year, and changing the term of office of the judge of said court so that the present term will expire December 31, 1932, 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 creating the City Court of Ludowici, Long County, Georgia, enacted at the 1921 session of the General Assembly of Georgia, be, and the same is hereby amended by striking from Section 9 of said Act the following language, to-wit: "and that the February, May, August, and November terms of said court shall be known as the regular quarterly terms of said court, at which quarterly terms all jury trials shall be had, "as same appears in the fourth, fifth, sixth, and seventh lines of said Section 9 as set forth in the 1921 Acts, page 369, and substituting
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JouRNAL OF THE HousE,
in lieu of said stricken language, the following language, to-wit: "except that the September term of said court shall be held on the fourth Monday in September, and that the February, June, and September terms of said court shall be known as the regular jury terms of said court at which all jury trials shall be had, except in cases where special jury terms are called as herein provided for." And said Section 9 is further amended by striking therefrom the word "quarterly" as same appears in lines 21, 25, and 2& of said section, so that said Section 9 of said Act when so amended shall read as follows:
"Section 9. Be it further enacted by the authority aforesaid, that the regular terms of said city court shall be held on the second Mondays in each month of the year, except that the September term of said court shall be held on the fourth Monday in September, and that the February, June, and September terms of said court shall be known as the regular jury terms of said court at which all jury trials shall be had, except in cases where special jury terms are called as herein provided for. The terms of said court shall be held in the Court House of Long County, in Ludowici, Georgia, and said terms shall continue until all business is disposed of, unless sooner adjourned. The said judge of said court shall hold his court at the same place at any other time than the regular term for the transaction and disposition of any civil or criminal business which does not require a jury, and is hereby given the authority to try any civil or criminal case, upon the law and facts of the same, where a jury is not required, and upon any day in the year, except Sunday, and this shall be especially done to relieve the jail, consistent with the interests of the State and the accused, and said judge may hold adjourned terms, or special jury terms of the regular terms of said court, for which he may draw new juries, or require the attendance of the same jurors, if in his discretion he sees fit to do so; provided, that said jurors especially drawn for a special term shall have at least ten days' notice of the same, and any and all civil
FRIDAY, AucusT 21, 1931.
1503
and criminal cases may be tried at said special or adjourned term the same as any regular term of said court."
Sec. 2. Be it further enacted by the authority aforesaid, that the present term of the judge of the said city court shall expire on the 31st day of December, 1932, and that the judge of said court shall be elected for a full term of four years at the general election to be held in November, 1931, and that thereafter the judge of said court shall be elected at the next preceding general election immediately previous to the expiration of said four year terms, and Section 4 of the said Act creating the said city court is so amended to give the foregoing provision effect.
Sec. 3. Be it further enacted by the aforesaid authority that all laws and parts oflaws in conflict herewith are hereby repealed.
The substitute was agreed to.
By Messrs. Alexander, Myrick, and Grayson of Chatham-
House Bill No. 582. 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, and for other purposes.
Senate substitute for House Bill No. 582.
A BILL
An Act to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, 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 the Mayor and Aldermen of the City of Savannah, be, and it is hereby authorized and empowered, to pass such ordinances as it may see fit and proper for the purpose of placing the nurses employed by
1504
JOURNAL OF THE HousE,
the City of Savannah, in connection with the Health Work, either under the s~nitary Board of the City of Savannah, and the Health Officer, or the Committee on Health and the Health Officer of the City of Savannah, provided, nevertheless, that nothing in this section shall repeal any rights granted heretofore to the Board of Sanitary Commissioners by the Acts of the General Assembly of the State of Georgia, except that it shall be discretionary with the Mayor and Aldermen of the City of Savannah to place the supervision of the nurses of the City of Savannah under either the Sanitary Board, or the Health Committee and the Health Officer, as it shall see fit and proper. It is further provided, that nothing in this section shall repeal the rights of the rnayor as given him under the Acts of the General Assembly of the State of Georgia of 1919, page 1291.
Sec. 2. Be it further enacted by the authority aforesaid, that Section 5 of the Charter Amendments of the Citv of Savannah, approved July 27, 1921, page 1077, and as .further amended by Section 10 of the Acts of the General Assembly of the State of Georgia, of 1924-, page 688, be, and the same are, hereby repealed.
Sec. 3. Be it further enacted by the authority aforesaid, that any regular employee of the City of Savannah who has served well and faithfully for a period of 25 years, or more, (of which 5 years' service must have been continuous and immediate before his retirement) shall, upon application to the Mayor and Aldermen of the City of Savannah, be retired from active service if he is physically unfit to perform the services for which he was employed, or upon his own application if in the opinion of the Mayor and Aldermen of the City of Savannah, he is entitled to said retirement and pension, and shall, if retired, receive for the balance of his life one-half of the amount of the salary paid him at the time of his retirement, the pension, however, to in no event exceed the sum of one hundred (S100.00) dollars per month, but he shall be subject to call for active service for at least fifteen days each month, if his physical condition permits.
FRIDAY, AuGusT 21, 1931.
1505
Sec. 4. Be it further enacted by the authority aforesaid, that if any employee of the Mayor and Aldermen of the City of Savannah -shall have served well and faithfully for a period of .25 years or more, of which 5 years has been continuous and immediate before his retirement, he shall not be subject to dismissal by the Mayor and Aldermen of the City of Savannah without the said Mayor and Aldermen of the City of Savannah granting him said pension unless he has violated some rule or regulation of the department, and in that event, the dismissal must be approved by the Mayor and two-thirds of the Board of Aldermen or by three-fourths of the Board of Aldermen; this provision shall not apply to elective officers.
No elective officer shall be entitled to a pension unless he has served twenty-five years (of which five years' service must have been continuous and immediate before his retirement), and shall be, in the opinion of the majority of the mayor and aldermen, or three-fourths of the aldermen, physically unfit to perform the services for which he was elected. Said officer shall be entitled to a pension if he has performed the services above set forth whether physically unfit or not provided three-fourths of the aldermen and the mayor deem that his services have merited a pension. Said pension to be one-half of his monthly salary, but in no event to be over $100.00 per month.
Sec. 5. Be it further enacted by the authority aforesaid, if any employee of the City of Savannah shall be permanently injured or disabled while in the performance of his duty, the mayor and the majority of the aldermen shall have the right, if they see fit and proper, irrespective of time of service, to grant a pension to said employee in an amount not exceeding one-half of his salary at the time of the injury or accident, and in no event shall the pension be over $100.00 per month.
Sec. 6. Be it further enacted by the authority aforesaid, that from and after the passage of this Act, if any
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JouRNAL OF THE HousE,
employee of the Mayor and Aldermen of the City of Savannah should become employed by the City of Savannah, County of Chatham, or any State Department of the State of Georgia, after having been placed upon the pension roll of the City of Savannah, then and in that event, his pension shall cease. This section shall not be retroactive and shall apply only to those pensioned after the passage of this Act.
Sec. 7. Be it further enacted, by the authority aforesaid, that any laws or parts of laws in conflict with this Act, unless specially excluded, be and the same are hereby repealed.
The substitute was agreed to.
Mr. Lindsay of DeKalb moved that the House disagree to the Senate amendment to House Bill No. 155, and that the Speaker appoint a Conference Committee on the part of the House to confer with a like committee on the part of the Senate for the purpose of considering the amendments to said bill, and the motion prevailed.
The Speaker appointed as the Conference Committee on the part of the House the following members of the House, to-wit:
Messrs. Leathers of Dekalb, Cannon of Rockdale, Cochran of Thomas.
Under orders of the day, the following bills and resolutions of the House and Senate were taken up for consideration and read the third time:
By Mr. Dekle of the 6th District-
Senate Bill No. 8. A bill to be entitled an Act to amend the Constitution of the State in regard to the number of Senators, the number of Senatorial Districts, and for other purposes.
FRIDAY, AuGUST 21, 1931.-
1507
Mr. Culpepper of Fayette asked unanimous consent that further consideration of Senate Bill No. 8 be postponed to follow Senate Bill No. 61, and the request was granted.
The Speaker called up the following bill of the Senate:
By Mr. McWhorter of the 50th District-
Senate Bill No. 61. A bill to be entitled an Act to regulate the operation of trains by separate and independent railroads, and for other purposes.
By unanimous consent, the previous question was called' and the main question ordered.
The following amendment was read and adopted:
House amendment to Senate Bill No. 61.
Mr. Mooty of Troup moves to amend Senate Bill No. 61, Section 4 by striking the words "Volume 6" and striking the parentheses around the word "Penal," and changing the caption to conform to this amendment.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill as amended, the ayes were 128, nays 0.
The bill having received the requisite constitutional majority was passed as amended.
Senate Bill No. 8 was again taken up for consideration.
On Senate Bill No. 8, Mr. Westbrook of Dougherty moved the previous question.
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. The bill involving an amendment to the Constitution. the roll call was ordered, and the vote was as follows:
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JouRNAL oF THE HousE,
Those voting in the affirmative were Messrs.:
Adams
Eckford
King of Newton
Alexander
Edwards of Gilmer Lance
Allen
Edwards of Stephens Lanham
Almand
Elllott
Lanier
Andrews
Fagan
Leathers
Arnold
Franklin
Lester
Arrington
Fraser
Lewis of Hancock
Ashley
Freeman
Lindsay
Atwood
Ganr
Logan
Awtrey
Gillen
Lord
Bargeron
Graham
McGehee
Barrett
Grayson
McKoy
Battle
Green
McLeod
Beaman
Griffeth
McWhorter
Bean
Griffin of Decatur
Mallard
Beasley
Griffin of Wilkes
Mattox
Bennett of Bacon
Gullatt
Meredith
Bennett of Jeff Davis Hampton
Mixon
Bland
Hardin
Montgomery
Brannen
Harris
Mooty
Brown
Harrison of Camden Morris
Brunson
Hatcher
Moye
Burton
Hawes
Mundy
Cannon
Hodges
MYrick
Carlisle of Bibb
Horne
Nelson of Cook
Carlisle of Grady
Howard of Chatt'h'chee Nelson of Lauren!
Cartledge
Howard of Long
Osteen
Chalker
Hubbard of Habersham Pace
Childs
Hutcheson
Parham
Clark
Hyman
Park
Cochran
Irvin
Patten
Collier
James
Peebles
Cowart
Johnson of Pike
Phillips
Cozart
Johnson of Seminole Pittard
Crawford
Johnston
Pope
CUlpepper of Echols Jones of Burke
Powell
Culpepper of Fayette Jones of Lumpkin Preston
Davis of Floyd
Jones of Paulding Purdy
Davis of Jackson
Kennedy
Purvis
Davis ot Mitchell
Key
Rabun
Davis of Troup
Killebrew
Rivers.
Dixon
Kimbrough
Roberts
Donaldson
Kimsey
Robertson
Duncan
King of Clay
Ros's of Appling
FRIDAY, AucusT 21, 1931.
1509
Scarbrough Seckinger Shirley Simmons Sims Sisk Skelton Spivey Stewart Still Stone
Strickland of Douglas Sutton Swain Tate Taylor Thomas Thomoson Thompson Tippins Townsend Trapnell
Trotter Turner Waldrop Walker of Morgan Walker of Screven Wall Weeks Westbrook Whittle Wilson Yawn
Those voting in the negative were Messrs.:
Harrison of Jenkins McRae McElreath
Sharpe
Those not voting were Messrs.:
Bunn Bush Cain Chambers Clements of Marion Clements of Telfair Colson Courson Crowe Cullens Dorsett Dykes Edmondson
Edwards of Lowndes Paulk
Evans
Ross of Dodge
Greer
Rosser
Holt
Sammon
Hubbard of Wilkinson Stanton
Huddleston
Strickland of Haralson
J olinson of Montgomery Walker of Ben Hill
Lewis of Gordon
Walker of Brooks
Mardre
Wilkes
Maynard
Williams
Mercer
Wood
Musgrove
Mr. Speaker
Oliver
By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 165, nays 4.
The bill having received the requisite two-thirds constitutional majority was passed.
The Speaker called up the following bill of the Senate:
By Mr. West of the 11th DistrictSenate Bill No. 135. A bill to be entitled an Act to
1510
JouRNAL OF THE HousE,
abolish the fee system now existing in the Superior Courts of the Pataula Judicial Circuit, and for other purposes.
By unanimous consent, the previous question was called, and the main question ordered.
The report 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.
The Speaker called up the following bill of the House for the purpose of considering the Senate amendments thereto:
By Messrs. Allen of Baldwin and Battle of Muscogee-
House Bill No.3. A bill to be entitled an Act to discount the Western & Atlantic Railroad rentals, and for other purposes.
The following Senate substitute was read:
Substitute for House Bill No. 3.
Messrs. Weekes of the 34th District and Nelson of the 13th District offer the following substitute for House Bill No.3:
A BILL
An Act to authorize, empower, and direct the Governor to assign and set apart the rentals of the Western & Atlantic Railroad for certain periods as special treasury funds; to authorize, empower, and direct the Governor to draw warrants against said special funds and to discount and/or sell said warrants; to provide for selling certain of said warrants to the State Highway Board; to provide for placing the proceeds arising from the sale of all said warrants in the treasury; to provide for the expenditure of said proceeds; and for other purposes.
FRIDAY, AuousT 21, 1931.
1511
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 Governor of the State is hereby authorized, empowered, and directed to immediately assign and set apart the rental arising from the existing lease of the Western & Atlantic Railroad for a period of five years beginning January 1, 1936, as a special treasury fund, to be used exclusively for the purpose of paying warrants drawn against the same, as hereinafter provided.
Sec. 2. Be it further enacted, that the Governor is hereby authorized, 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, and to advertise for bids in such manner as is deemed best by the Governor, and to discount and sell said warrant or warrants for cash to the highest bidder. Said warrant or warrants shall be duly countersigned by the ComptrollerGeneral.
Sec. 3. The Governor is hereby authorized, empowered, and directed to place within the general State Treasury and to use and expend the entire proceeds arising from the sale of said warrant or warrants described in Section 2 hereof in paying and discharging, in so far as the entire amount of said proceeds will permit, all unpaid balance of the appropriations made payable by the General Assembly for the years 1928, 1929, and 1930, including appropriations made for the payment of pensions to Confederate veterans and the widows of Confederate veterans under the Act approved August 30, 1929, as amended by the Act approved March 7, 1931. The unpaid balance of all the said appropriations shall be paid pro rata; provided, that the State Superintendent of Schools is hereby directed and instructed to draw requisitions in favor of those schools in this State receiving aid from the Barrett-Rogers fund, and he is hereby instructed to pay all money due those schools for the years 1928 and 1929 from the money prorated to the common schools under the provisions of this bill. The balance of
1512
JouRNAL oF THE HousE,
the money prorated to the common schools shall be prorated among the several counties of the State as now provided by law.
Sec. 4. Be it further enacted by the authority aforesaid, that the Governor is hereby authorized, empowered, and directed to immediately assign and set apart the rental arising from the existing lease of the Western & Atlantic Railroad for a period of three years, beginning January 1, 1941, as a special treasury fund, to be used exclusively for the purpose of paying warrants drawn against the same, as hereinafter provided.
Sec. 5. Be it further enacted by the authority aforesaid, that the Governor is hereby authorized, empowered, and directed, from time to time as hereinafter provided, to draw his warrants against the special fund created by Section 4 of this Act, so held as a special fund in the treasury, and to sell said warrants to the State Highway Board. Said warrants shall be duly countersigned by the Comptroller-General. The State Highway Board shall purchase said warrants and shall pay unto the Governor the face value thereof on the following dates and in the following amounts, to-wit:
April 1, 1932 ........................... $540,000.00 October 1, 1932. . . . . . . . . . . . . . . . . . . . . . . . 540,000.00 April 1, 1933 ........................... 540,000.00
Total amount of warrants and amount to be paid therefor . . . . . . . . . . . . . . . . . . $1,620,000.00
Sec. 6. The Governor is further authorized, empowered, and directed to place within the general treasury and to use and expend the entire proceeds arising from the sale of said warrants to the State Highway Board, as said proceeds are received by the Governor, in paying and discharging, in so far as the entire amount of said proceeds will permit, the unpaid balances of all appropriations made by the General Assembly during the regular sessions of said Assembly
FRIDAY, AuousT 21, 1931.
1513
for the years 1927 and 1929 and during the extraordinary session of 1931. The said unpaid balances of the said appropriations shall be paid on a pro rata basis as determined at the times payments of said proceeds are made by the Governor.
Sec. 7. Be it further enacted, that if any clause, sentence, paragraph, or any part of this Act shall for any reason be adjudged by any court of competent jurisdiction to be invalid such judgment shall not affect, impair, or invalidate the remainder of this Act, but shall be confined in its operation to the clause, sentence, paragraph, or any part thereof directly involved in the controversy in which such judgment shall have been rendered.
Sec. 8. Be it further enacted, that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed.
Mr. Williams of the 27th District moves to amend Section 5, of the substitute offered by Messrs. Weekes of the 34th District and Nelson of the 13th District, by adding the following:
Provided, that if the Governor and Chairman of the Highway Board deem it advisable to sell the amount of the rental of the Western & Atlantic Railroad set out in this section, that they be authorized to do so under the same terms and conditions as set out in this Act for the purpose of matching regular Federal Aid or any emergency fund which may be offered the State Highway Board by the Federal Government.
On the introduction of an amendment to the Senate amendment to the Senate substitute to House Bill No. 3 by Mr. Harrison of Jenkins, the Speaker ruled the amendment out of order.
Mr. Harrison of Jenkins appealed from the decision of the Chair, and the appeal was lost.
1514
JouRNAL OF THE HousE,
Mr. Battle of Muscogee moved that the House agree to the Senate substitute as amended by the Senate.
On the motion, to agree Mr. Lindsay of DeKalb moved the previous question.
The motion prevailed, and the main questio11 was ordered.
On the motion, Mr. Park of Bibb moved the ayes and nays, and the call was not sustained.
The Senate amendment to the Senate substitute was read and agreed to.
The motion to agree to the Senate substitute as amended by the Senate prevailed.
Privileges of the floor were granted to Mrs. Nan
Kingery of Emanuel County and Mr. J. B. Moore of Monroe
County.
Mr. Harrison of Jenkins 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.
SATURDAY, AuGUST 22, 1931.
1515
REPRESENTATIVE HALL, ATLANTA, GA.,
SATURDAY, AuGuST 22, 1931.
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
Chambers
Alexander
Childs
Allen
Clark
Almand
Clements of Marion
Andrews
Clements of Telfair
Arnold
cochran
Arrington
Collier
Ashley
Colson
Atwood
Courson
Awtrey
Cowart
Bargeron
Cozart
Barrett
Crawford
Battle
Crowe
Beaman
Cullens
Bean
Culpepper of Echols
Beasley
Culpepper of Fayette
Bennett of Bacon
Davis of Floyd
Bennett of Jeff Davis Davis of Jackson
Bland
Davis of Mitchell
Brannen
Davis of Troup
Brown
Dixon
Brunson
Donaldson
Bunn
Dorsett
Burton
Duncan
Bush
Eckford
Cain
Edmondson
Cannon
Edwards of Gilmer
Carlisle of Bibb
Edwards of Lowndes
Carlisle of Grady
Edwards of Stephens
Cartledge
Elliott
Chalker
Evans
Fagan Franklin Fraser Freeman Gary Gillen Graham Grayson Green Greer Griffeth Griffin of Decatur Griffin of Wilkes Gullatt Hampton Hardin Harris Harrison of Camden Harrison of Jenkins Hatcher Hawes Hodges Holt Horne Howard of Chatt'h'chee Howard of Long Hubbard of Habersham Hubbard of Wilkinson Huddleston Hutcheson Hyman
1516
JouRNAL OF THE HousE,
Irvin
Mixon
James
Montgomery
Johnson of Montgomery Mooty
Johnson of Pike
Morris
Johnson of Seminole Moye
Johnston
Mundy
Jones of Burke
Musgrove
Jones of Lumpkin
Myrick
Jones of Paulding
Nelson of Cook
Kennedy
Nelson of Laurens
Key
Oliver
Killebrew
Osteen
Kimbrough
Pace
Kimsey
Parham
King of Clay
Park
King of Newton
Patten
Lance
Paulk
Lanham
Peebles
Lanier
Phillips
Leathers
Pittard
Lester
Pope
Lewis of Gordon
Powell
Lewis of Hancock
Preston
Lindsay
PurdY
Logan
Purvis
Lord
Rabun
McE]J:eath
Rivers
McGehee
Roberts
McKoy
Robertson
McLeod
Ross of Appling
McRae
Ross of Dodge
McWhorter
Rosser
Mallard
Sammon
Mardre
Scarbrough
Mattox
Seckinger
Maynard
Sharpe
Mercer
Shirley
Meredith
Simmons
Sims Sisk Skelton Spivey Stanton Stewart Still Stone Strickland of Douglas Strickland of Haralson Sutton Swain Tate Taylor Thomas Thomoson Thompson Tippins Townsend Trapnell Trotter Turner Waldrop Walker of Ben Hill Walker of Brooks Walker of Morgan Walker of Screven Wall Weeks Westbrook Whittle Wilkes Williams Wilson Wood Yawn Mr. Speaker
Mr. Hardin of Whitfield, 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.
SATURDAY, AUGUST 22, 1931.
1517
The Journal was confirmed.
Mr. Nelson of Cook, Vice-Chairman of the Committee on Rules submitted the following report:
Mr. Speaker:
Your Committee on Rules, having had under consideration the calendar of the day, beg to submit the following order:
Senate Resolution No. 39. The Military Bill. Senate Bill No. 58. Allow School Districts to consolidate. Senate Bill No. 59. Allow School Districts to contract. Senate Bill No. 66. Amend Georgia Vehicle Law. Senate Bill No. 160. Amend Security Civil Code. Senate Bill No. 96. Bus Bill. Senate Bill No. 97. Bus Bill. Senate Bill No. 98. Limiting purchase price of automobiles. Senate Bill No. 27. Workmen's Compensation Bill. Senate Bill No. 20. Allowing County to increase taxes. Senate Bill No. 38. Fish and Game Bill. Senate Bill No. 166. Neill-Traylor Road Bill. Senate Bill No. 85. Kindergarten Bill. Senate Bill No. 41. Contractor's License Bill. Senate Bill No. 112. Fraternal Benefit Society Bill. Senate Bill No. 49. Driver's License Bill. Senate Bill No. 142., Fire Inspector's Bill. Senate Bill No. 145. Welfare Bill.
1518
JouRNAL oF THE HousE,
Senate Bill No. 157. Water Bill for Fulton and DeKalb Counties.
Senate Bill No. 17. No par Bank Stock Bill. Senate Bill No. 36. Relating to the term of office of County Judges.
Senate Bill No. 48. Compensation of salary of Judges.
Senate Bill No. 82. Chiropractor's Bill.
The Speaker is authorized to call up at his discretion Senate Resolution No. 60, and Senate Bills Nos. 166 and 167.
Respectfully submitted,
NELSON of Cook,
Vice-Chairman.
Mr. Hubbard of Wilkinson, Chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker:
Your Committee on Enrollment has examined, found properly enrolled, signed, and ready for transmission to the Governor, the following Acts, to-wit:
House Bill No. 503. An Act to amend the charter of the City of Brunswick.
House Bill No. 172. An Act to make the Farmers Bank of Royston a State Depository.
House Bill No. 316. An Act to abolish the fee system in the Cherokee Judicial Circuit.
House Bill No. 380. An Act to amend an Act to Incorporate the City of Pembroke.
House Bill No. 403. An Act to amend an Act incorporating the City of Colquitt.
SATURDAY, AUGUST 22, 1931.
1519
House Bill No. 455. An Act to amend the charter of the City of Moultrie.
House Bill No. 530. An Act to amend an Act creating a new charter for the Town of Donaldsonville.
House Bill No. 481. An Act to amend the charter of the City of Toccoa.
House Bill No. 485. An Act to ratify the sale of certain land by the City of Columbus.
House Bill No. 467. An Act to abolish the offices of Tax Collector and Tax Receiver of Lanier County.
House Bill No. 133. An Act repealing Clinch County primary laws of 1929.
House Bill No. 274. An Act to amend an Act creating a Board of County Commissioners for the County of Jackson.
House Bill No. 396. An Act to amend an Act creating a new charter for the Town of Palmetto.
House Bill No. 336. An Act to repeal certain sections of the city charter of Carrollton.
House Bill No. 529. An Act to amend an Act incorporating the Town of Kingsland.
House Bill No. 488. An Act to amend an Act creating the Board of Road Commissioners of Camden County.
House Bill No. 509. An Act to provide for the time of holding Superior Court in Toombs County.
House Bill No. 317. An Act to reduce the salary of the Solicitor-General of the Cherokee Judicial Circuit.
House Bill No. 130. An Act to provide for the compensation of registrars in certain counties.
House Bill No. 334. An Act relating to the collection of taxes in certain counties.
1520
JouRNAL OF THE HousE,
House Bill No. 441. An Act to amend an Act creating a new charter for the City of Glennville.
House Bill No. 496. An Act to amend an Act incorporating the Town of Ideal.
House Bill No. 631. An Act to amend the several Acts incorporating the Town of Milan.
House Bill No. 518. An Act to amend the charter of the City of Chatsworth.
House Bill No. 640. An Act to amend an Act creating a new charter for the City of Folkston.
House Bill No. 443. An Act relative to the election of the Mayor and Councilmen of the City of Carrollton.
House Bill No. 521. An Act to establish a City Court in the County of Richmond.
House Bill No. 522. An Act to vest in the tax collector in certain counties all the powers of sheriffs in connection with the levy and collection of fi. fas.
House Bill No. 594. An Act to repeal an Act creating and incorporating a greater Macon.
House Bill No. 580. An Act to amend an Act establishing the City Court of Jefferson.
House Bill No. 641. An Act to amend an Act creating a new- charter for the City of Dublin. -
House Bill No. 387. An Act to amend an Act making bailiffs probation officers in certain counties.
House Bill No. 632. An Act to amend an Act creating the Boards of Roads and Revenues of Quitman County.
House Bill No. 355. An Act providing the manner in which tax fi. fas. shall be issued in certain counties.
House Bill No. 627. An Act to amend an Act establishing the City Court of Ludowici.
SATURDAY, AuausT 22, 1931.
1521
House Bill No. 583. An Act to amend an Act incorporating the Town of Rockmart.
House Bill No. 605. An Act to create the office of Commissioner of Roads and Revenues of Lanier County.
House Bill No. 607. An Act to create a county depository for Ben Hill County.
House Bill No. 409. An Act to amend the Act incorporating the Mayor and Council of the Town of Tybee.
House Bill No. 507. An Act to provide for the compensation of Juvenile Court Judges in certain counties.
Respectfully submitted,
HUBBARD of Wilkinson,
Chairman.
Mr. Hubbard of Wilkinson, Chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker:
Your Committee on Enrollment has examined, found properly enrolled, signed, and ready for delivery to the Governor, the following acts and resolutions, to-wit:
House Bill No. 147. An Act to make appropriations for the last half of the fiscal year 1931 and for the fiscal years 1932 and 1933, for the maintenance, outlay of the various State Departments, Boards, Bureaus, and Commissions, and for the payment of the public debt and interest thereon.
House Bill No. 611. An Act to provide for the office of Commissioner of Roads and Revenues of Telfair County.
House Bill No. 528. An Act to amend an Act incorporating the City of Manchester under the name of College Park.
1522
JouRNAL OF THE HousE,
House Bill No. 562. An Act to incorporate the Town of Bogart.
House Bill No. 544. An Act to prevent the ineligibility of policemen and firemen by reason of affiliation with, or membership in, a religious, fraternal, or labor organization.
House Bill No. 451. An Act to amend the charter of the Town of Smyrna.
House Bill No. 622. An Act to require certain county officers in certain counties to make monthly financial statements.
House Bill No. 484. An Act to put 750 names in the jury box of certain counties.
House Bill No. 610. An Act to abolish the Board of Commissioners of Roads and Revenues of Telfair County.
House Bill No. 569. An Act to amend an Act creating a new charter for the Town of Arabi.
House Resolution No. 69. A resolution soliciting cooperation of the Federal Farm Board.
House Resolution No. 100. A resolution providing for the appointment of a committee to re-write the School Code of Georgia.
House Resolution No. 73. A resolution authorizing the repayment of a bond forfeiture to S. M. Davis, surety.
House Resolution No. 77. A resolution to relieve 0. H. Booker from bond forfeiture.
House Resolution No. 71. A resolution to relieve D. A. Andrews and Louis Simons as surety.
House Resolution No. 28. A resolution for the relief of W. F. Cardinal as surety.
SATURDAY, AUGUST 22, 1931.
1523
House Resolution No. 26. A resolution authorizing the State librarian to furnish certain volumes to the Irwin County Superior Court.
House Resolution No. 93. A resolution to relieve D. I. Lee from surety bond.
House Bill No. 542. An Act to repeal certain sections of the Code relative to enumerating the persons subject to road duty in Georgia.
House Bill No. 624. An Act to amend an Act creating the office of Commissioner of Roads and Revenue!' of Gordon County.
House Bill No. 527. An Act to amend an Act authorizing the Board of Commissioners of Roads and Revenues to supplement funds of the County Board of Education.
House Bill No. 330. An Act to change the county line between Randolph and Terrell Counties.
House Bill No. 556. An Act to amend an Act amending the charter of the City of Augusta.
House Bill No. 626. An Act to repeal an Act creating a charter for the Town of Belmont.
House Bill No. 588. An Act to prohibit goats from running at large in Treutlen County.
House Bill No. 449. An Act to authorize the election of a full-time tax commissioner in certain counties.
House Bill No. 408. An Act to amend an Act establishing a new charter for the Town of Reynolds.
House Bill No. 444. An Act relative to the election of the Mayor and Councilmen of the City of Carrollton.
House Bill No. 612. An Act to amend the charter of the Town of Lumber City.
House Bill No. 502. An Act to amend the charter of Union Point.
1524
JouRNAL OF THE HousE,
House Bill No. 431. An Act to amend an Act regulating banking.
House Bill No. 537. An Act to change the name of the School of Mechanic Arts.
House Bill No. 606. An Act to authorize the ordinary of certain counties to use funds arising from the allocation of gasoline tax monies in retiring highway b')nds.
House Bill No. 425. An Act to raise the laws of the State with reference to commitment to the Georgia State Sani"tarium.
House Bill No. 587. An Act to amend an Act creating a City Court of Statesboro.
House Bill No. 413. An Act to authorize certain county officers to appropriate funds for the support of a Public Library.
House Bill No. 385. An Act to amend an Act making tax collectors in certain counties ex-officio sheriffs.
House Bill No. 533. An Act to amend the charter of the Town of Crawfordville.
House Bill No. 370. An Act to amend the Acts relating to the City Court of Savannah.
House Bill No. 373. An Act to prohibit the introduction of evidence before a jury after issue has been submitted by charge of court.
House Bill No. 363. An Act to amend an Act creating a Board of County Commissioners for the County of Crisp.
House Bill No. 617. An Act to provide for the use of wire baskets in the waters of Henry County.
House Bill No. 253. An Act to amend an Act regulating the compensation of official stenographic reporters in certain counties.
SATURDAY, AucusT 22, 1931.
1525
House Bill No. 478. An Act to amend the Code relative to road duty.
House Bill No. 417. An Act to repeal an Act creating a Board of Commissioners of Roads and Revenues for the County of Webster.
House Bill No. 639. An Act to amend the charter of the City of Sparta.
House Bill No. 555. An Act to repeal an Act establishing a system of public schools in the Town of Boston.
House Bill No. 523. An Act to vest in the tax collector of certain counties all the powers of sheriff relative to the collection of tax fi. fas.
House Bill No. 637. An Act to amend the charter of the Town of Clermont.
House Bill No. 604. An Act to repeal an Act creating a Board of Commissioners of Roads and Revenues for Lanier County.
House Resolution No. 32. A resolution to relieve George L. Trimble as surety.
House Resolution No. 78. A resolution to relieve H. B. Bloodworth from bond forfeiture.
House Resolution No. 65. A resolution to relieve Seth
Adams, Mrs. Ora Adams, and the estate of M. T. J. Long as
surety.
House Resolution No. 75. A resolution to relieve T. P. Haralson and B. F. Harrell on appearance bond.
House Resolution No. 76. A resolution to relieve W. H. Colley on appearance bond.
House Resolution No. 45. A resolution to relieve J. E.
Brim as surety on a bond.
House Resolution No. 89. A resolution to relieve W. E. Hamlin from forfeiture on surety bond.
1526
JouRNAL oF THE HousE,
House Bill No. 490. An Act to repeal an Act creating the City Court of Blakely.
House Bill No. 574. An Act increasing the limits of the City of Atlanta.
House Bill No. 582. An Act to amend the several Acts relating to and incorporating the Mayor and Alderman of the City of Savannah.
House Bill No. 278. An Act to direct the commissioners of vehicles to enter into agreements with adjoining States providing reciprocity of motor vehicles with adjoining States.
House Bill No. 231. An Act to establish the City Court of Lyons and for the County of Toombs.
House Bill No. 86. An Act to provide that mortgages and deeds to secure debt and bills of sale executed within and without the State may be attested in the same manner as is provided for deeds of bargain and sale.
House Bill No. 40. An Act to amend an Act providing for the registration of land titles.
House Bill No. 591. An Act to repeal Section'1 of an Act establishing the City Court of Douglas.
House Bill No. 113. An Act to reapportion the members of the House of Representatives according to the last census of the United States.
House Bill No. 575. An Act to amend the charter of the City of Atlanta by allowing said city to borrow $2,000,000.00.
House Bill No. 368. An Act changing the governing of the Confederate Soldiers' Home.
House Bill No. 32. An Act to provide for the manner in which tax fi. fas. shall be issued by tax collectors.
SATURDAY, AUGUST 22, 1931.
1527
House Bill No. 260. An Act to repeal an Act to create a Board of Commissioners of Roads and Revenues for the County of Coffee.
House Resolution No. 25. A resolution extending the authority and powers of the Western & Atlantic Railroad Commission.
House Resolution No. 16. A resolution to furnish the Clerk of White County certain Superior Court Reports.
House Resolution No. 29. A resolution directing the State Librarian to furnish Taylor County with certain volumes.
House Resolution No. 62. A resolution for relief and refund of illegal tax.
House Resolution No. 92. A resolution to relieve Charles Davison from forfeiture of surety bond.
House Bill No. 561. An Act to change the name of the Town of Homerville to the City of Homerville.
House Bill No. 463. An Act to amend the Acts incorporating the City of Cedartown.
House Bill No. 426. An Act to authorize and require the opening of tax receivers' books in certain counties.
House Bill No. 64. An Act to permit the chasing of foxes with dogs at any time.
House Bill No. 577. An Act to amend the Code by providing for residence of County School Superintendent.
House Bill No. 510. An Act repealing an Act incorporating the Town of Hillsboro.
House Bill No. 219. An Act to regulate outdoor advertising.
House Bill No. 466. An Act to provide for the election of the members of the County Board of Education of Lanier County.
1528
JouRNAL oF THE HousE,
House Bill No. 560. An Act to amend an Act creating a new charter for the Town of Willacoochee.
House Bill No. 54. An Act to exempt $15.00 per week out of pension money as exempt from garnishment.
House Bill No. 506. An Act to amend an Act creating a charter for the City of Augusta.
-House Bill No. 1. An Act to create a Text Book Commlsston.
House Bill No. 564. An Act to create a State Memorial Commission.
House Bill No. 307. An Act regulating the hours of voting in certain counties.
House Bill No. 357. An Act to prescribe the date from which the execution of sentences shall be computed.
House Bill No. 585. An Act to exempt certain residents of the County of Mcintosh from live-stock license fee.
House Bill No. 570. An Act to amend an Act amending the charter of the City of Atlanta.
House Bill No. 623. An Act to amend the Code by providing that the County School Superintendent shall not be required to be a voter in that part of the county in which he has jurisdiction.
Respectfully submitted, HuBBARD of Wilkinson, Chairman.
Mr. Hubbard of Wilkinson, Chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker:
Your Committee on Enrollment has examined, found properly enrolled, signed, and ready for delivery to the Governor, the following Acts and resolutions, to-wit:
SATURDAY, AucusT 22, 1931.
1529
House Bill No. 146. An Act to amend an Act for the protection of birds, game, and fish.
House Bill No. 424~ An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Jackson County.
House Bill No. 619. An Act providing that the County School Superintendent may reside in the county site of counties having a certain population.
House Bill No. 200. An Act to amend the School Code by prohibiting voters living in a territory embraced within independent school systems from voting in any primary or election for County Superintendent of Schools.
House Bill No. 341. An Act to change from the fee to the salary system in certain counties.
House Bill No. 601. An Act to amend an Act creating the office of Commissioner of Roads and Revenues for Stewart County.
House Bill No. 614. An Act providing that in certain counties of this State all qualified voters may vote for County School Superintendent.
House Bill No. 592. An Act to create the Savannah River Navigation Commission.
House Bill No. 618. An Act providing that the County School Superintendent may reside in the county site of counties having a certain population.
House Bill No. 155. An Act to amend an Act regulating the practice of barbering in Georgia.
House Bill No. 558. An Act to impose charges on those who pursue the business of operating motor vehicles on the public highways for the carrying of passengers.
House Bill No. 135. An Act to abolish the City Court of Leesburg.
1530
JOURNAL OF THE HousE,
House Bill No. 538. An Act to abolish the offices of Tax Collector and Tax Receiver in Monroe County.
House Bill No. 418. An Act to create the office of Commissioner of Roads and Revenues of the County of Webster.
House Bill No. 480. An Act to regulate fishing in the waters of Bryan County.
House Bill No. 283. An Act to abolish the offices of Tax Collector and Tax Receiver of Liberty County.
House Bill No. 3. An Act to authorize the Governor to discount the Western & Atlantic Rentals for a period of ten years.
House Resolution No. 87. A resolution to relieve Miss KateS. Rodgers from bond forfeiture.
House Resolution No. 94. A resolution authorizing the Military Department to investigate the claims of Roosevelt Henley.
House Resolution No. 97. A resolution to relieve a
bail-bond signed by J. B. Seanor and J. Cooper.
House Resolution No. 22. A resolution to instruct the State Librarian to furnish certain court reports to the Bibb County Law Library.
House Resolution No. 72. A resolution authorizing the lOth District A. & M. School to deed land.
House Resolution No. 113. A resolution to relieve
J. M. Griner and his surety on a bond from any claim.
House Bill No. 563. An Act to amend an Act creating a new charter for the City of Rome.
House Bill No. 621. An Act to amend an Act creating the City Court of Swainsboro.
House Bill No. 9. An Act to amend an Act regulating the practice of professional nursing.
SATURDAY, AUGUST 22, 1931.
1531
House Bill No. 450. An Act to abolish Justice Courts and the office of Justice of the Peace and Notary Public in Richmond County.
House Bill No. 194. An Act to simplify the operations of the Executive Branch of the State Government.
House Resolution No. 110. A resolution authorizing the President of the Senate and the Speaker of the House to appoint committees to investigate the A. & M. Schools, and make a report at the next regular meeting of the General Assembly.
Respectfully submitted,
HuBBARD of Wilkinson,
Chairman.
Mr. Collier of Madison County, Chairman of the Committee on State of the Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of the Republic has had under consideration the following resolution of the House and has instructed me, as chairman, to report the same back to the House with the recommendation that:
House Resolution No. 120 do not pass.
Respectfully submitted,
CoLLIER of Madison,
Chairman.
Mr. Davis of Mitchell 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 Senate and has in-
1532
JouRNAL oF THE HousE,
structed me, as chairman, to report the same back to the House with the recommendation that:
Senate Bill No. 176 do not pass. Respectfully submitted, DAVIS of Mitchell, Chairman.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following bill of the House, to-wit:
By Mr. Stanton of WareHouse Bill No. 9. A bill to amend an Act relative to the
practice of professional nursing.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House amendment to the Senate amendment to the following bill of the House, to-wit:
By Messrs. Lanier, Lester, and Cartledge of Richmond-
House Bill No. 278. A bill to direct the Commissioner of Vehicles of Georgia t~ enter into reciprocity agreements with adjoining States.
The Senate insists upon its substitute and respectfully requests the appointment of a Conference Committee on the part of the House to confer with a like committee on the part of the Senate to consider the following bill of the House, to-wit:
SATURDAY, AuousT 22, 1931.
1533
By Messrs. Stanton and Bunn of Ware-
House Bill No. 511. A bill to amend an Act to establish a new charter for the City of Waycross.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requtslte constitutional majority the following bill of the House, ta-wit:
By Mr. Adams of Towns-
House Bill No. 558. A bill to impose charges on those who pursue the business of operating motor vehicles on the public highways for the carrying of passengers or property or both.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the reqmstte constitutional majority the following bill of the House, to-wit:
By Mr. Whittle of Upson-
House Bill No. 431. A bill to amend an Act regulating banking.
The Senate has passed as amended by the requisite constitutional majorit~ the following bill of the House, to-wit:
By Mr. Elliott ofHenry-
House Bill No. 617. A bill to permit the use of wire baskets in the waters of Henry County.
1534
JouRNAL oF THE HousE,
The Senate has agreed to the House amendment to the following resolution of the Senate, to-wit:
By Mr. Neill of the 24th District-
Senate Resolution No. 8. A resolution proposing an amendment to the Constitution relative to meetings of the General Assembly and the inauguration of the Governor.
The following message was received froin the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the reqms1te constitutional majority the following bills and resolutions of the House, to-wit:
By Messrs. Lanier, Lester, and Cartledge of Richmond-
House Bill No. 253. A bill to amend an Act to regulate the compensation of official stenographic reporters.
By Mr. Myrick of Chatham-
House Bill No. 370. A bill to amend the several Acts relating to the City Court of Savannah.
By Messrs. Cartledge, Lester, and Lanier of Richmond-
House Bill No. 385. A bill to make tax collectors ex-officio sheriffs in certain counties.
By Mr. Logan of BanksHouse Bill No. 478. A bill to amend Park's Code by
striking the words fifty cents and inserting the word one dollar to apply to certain counties.
SATURDAY, AuGUST 22, 1931.
1535
By Messrs. Eckford, McRae, and Still of Fulton, and others-
House Bill No. 573. A bill to amend an Act establishing a new charter for the City of Atlanta.
By Messrs. Spivey and Williams of Emanuel-
House Bill No. 621. A bill to repeal an Act repealing the provisions of the City Court of Swainsboro. .
By Mr. Lewis of Gordon-
House Bill No. 624. A bill to amend an Act to create the office of Commissioner of Roads and Revenues for Gordon County.
By Messrs. Lance and Oliver of Hall-
House Bill No. 637. A bill to amend the charter of the Town of Clermont.
By Messrs. Davis and Mooty of Troup-
House Resolution No. 62. A resolution for the relief and refund of illegal tax.
By Messrs. Mooty of Troup, Allen of Baldwin, and others-
House Resolution No. 63. A resolution authorizing the Treasurer of Georgia to reimburse the Reorganization Committee for their expenses.
By Mr. Mundy of Clayton-
House Resolution No. 65. A resolution to relieve Seth Adams, Mrs. Ora Adams, and others from sureties on a bond.
By Messrs. Battle, Meredith, and Roberts of Muscogee-
House Resolution No. 71. A resolution to relieve D. A. Andrews and Louis Simons as sureties.
1536
JouRNAL OF THE HousE,
By Messrs. Davis and Mooty of Troup--
House Resolution No. 75. A resolution to relieve T. P. Haralson and B. F. Harrell as sureties.
By Messrs. Mooty and Davis of Troup--
House Resolution No. 76. A resolution to relieve W. H. Colley on appearance bond in City Court of LaGrange.
By Mr. Carlisle of Bibb-
House Resolution No. 77. A resolution to relieve 0. H. Booker from bond forfeiture in City Court of Macon.
By Mr. Carlisle of Bibb-
House Resolution No. 78. A resolution to relieve H. B. Bloodworth from bond forfeiture in Bibb Superior Court.
The Senate has also passed by substitute by the requisite constitutional majority the following resolution of the House, to-wit:
By Messrs. Mardre of Thomas, James of Jones, and others-
House Resolution No. 110. A resolution authorizing the appointment of a committee from the General Assembly to investigate the merits of the several A. & M. Schools of this State.
The Senate has agreed to the amended House substitute to the following bill of the Senate, to-wit:
By Mr. Beck of the 37th District-
Senate Bill No. 52. A bill to amend the Constitution so as to provide for the assumption by the State of the indebtedness of the several counties incurred for construction and paving of public roads.
SATURDAY, AUGUST 22, 1931.
1537
The Senate has agreed to the House amendment to the following bill of the Senate, to-wit:
By Mr. McWhorter of the 50th District-
Senate Bill No. 61. A bill to regulate the operation of trains by separate and independent railroads where the tracks of such railroads cross each other at grade.
The Senate has also passed by the requisite constitutional majority the following bill of the House, to-wit:
By Mr. Ross of Appling and others-
House Bill No. 1. A bill to create a Text-Book Commis:. sion aad to provide for the publication of school books at cost, and for other purposes.
The Senate insists upon its amendments to the following bill of the House, to-wit:
By Messrs. Lindsay and Leathers of DeKalb-
House Bill No. 155. A bill to amend an Act to regulate the practice of the occupation of a barber.
The President has appointed as a Conference Committee on the part of the Senate to confer with a like committee on the part of the House on the above bill, the following Senators:
Senators Weekes of the 34th District,
Strickland of the 1st District,
Hand of the 8th District.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
1538
JouRNAL oF THE HousE,
Mr. Speaker:
The Senate has passed by the reqmstte constitutional majority the following resolutions of the House, to-wit:
By Mr. Carlisle of Bibb-
House Resolution No. 87. A resolution to relieve Miss KateS. Rogers from bond forfeiture in City Court of Macon.
By Mr. Carlisle of Bibb-
House Resolution No. 89. A resolution to relieve W. E. Hamlin from forfeiture on surety bond in City Court of Macon.
By Mr. Carlisle of Bibb-
House Resolution No. 90. A resolution to relieve C. A. Odom from forfeiture on surety bond in City Court of Macon.
By Mr. Carlisle of Bibb-
House Resolution No. 91. A resolution to relieve D. Jones from forfeiture on surety bond in City Court of Macon.
By Mr. Carlisle of Bibb-:-
House Resolution No. 92. A resolution to relieve Charles Davison from forfeiture on surety bond in City Court of Macon.
By Mr. Carlisle of Bibb-
House Resolution No. 93. A resolution to relieve D. I. Lee from surety bond forfeiture in City Court of Macon.
By Mr. Lindsay ofDeKalbHouse Resolution No. 94. A resolution authorizing the
SATURDAY, AuousT 22, 1931.
1539
Military Department to investigate claim of Roosevelt Henley.
By Mr. Cochran of Thomas and others-
House Resolution No. 100. A resolution providing for the appointment of a committee to rewrite the School Code of Georgia.
By Mr. Carlisle of Bibb-
House Resolution No. 104. A resolution to relieve F. B. Lane from bond forfeiture in City Court of Macon.
By Mr. Osteen of Bryan-
House Resolution No. 113. A resolution to relieve J. M. Griner and his surety on bond from any claim.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker: The Senate has passed by the requ1s1te constitutional
majority the following bills of the House, to-wit:
By Mr. Lindsay ofDeKalbHouse Bill No. 200. A bill to amend Section 147 of the
School Code of Laws of Georgia.
By Mr. Bennett of BaconHouse Bill No. 522. A bill to vest in the tax collectors
of certain counties of Georgia the powers and duties of sheriffs in their respective counties.
,l3y Mr. Bennett of Jeff DavisHouse Bill No. 523. A bill to vest in the tax collectors
1540
JouRNAL oF THE HousE,
of certain counties all of the powers of the sheriffs of the State.
By Mr. Freeman of Monroe-
House Bill No. 537. A bill to change the name of the School of Mechanic Arts at Forsyth, Ga., to State Teachers and ,Agricultural College.
By Mr. Bush of Miller-
House Bill No. 542. A bill to repeal Section 595 of the Code enumerating the persons subject to road duty in Georgia.
By Messrs. Lindsay, Leathers, and Beaman of DeKalb--
House Bill No. 564. A bill to create a Stone Mountain Memorial and Monument Commission.
By Mr. Lindsay of DeKalb-
House Bill No. 577. A bill to amend the Code providing for residence of County School Superintendents.
By Mr. Scarbrough of Polk-
House Bill No. 614. A bill to allow the County School Superintendent to live in the county site in certain counties.
By Mr. Musgrove of Clinch-
House Bill No. 622. A bill to require certain county officers in certain counties to make monthly reports.
By Mr. Clements of Telfair-
Hause Bill No. 631. A bill to provide for a new charter for the City of Milan.
SATURDAY, AUGUST 22, 1931.
1541
By Mr. Lewis of Hancock-
House Bill No. 639. A bill to amend the charter of the City of Sparta.
By Mr. Mallard of Charlton-
House Bill No. 640. A bill to amend an Act creating a new charter for the City of Folkston.
By Mr. Nelson of Laurens-
House Bill No. 641. A bill to amend an Act creating a new charter for the City of Dublin.
By unanimous consent, the following was established as the order of business during the first part of the period of Unanimous Consents:
1. .Third reading and passage of uncontested local Senate bills and resolutions.
Mr. Lindsay of DeKalb asked unanimous consent that the following bill of the Senate be read the third time and placed upon its passage, and the request was granted:
By Mr. Weekes of the 34th District-
Senate Bill No. 124. A bill to be entitled an Act permitting certain counties and cities to permit their tax assessors to meet from April 1st to August of each year, and for other purposes.
By unanimous consent, the previous question 'was called, and the main question ordered.
The report of the committee, which was favorable to the passage of the bill, w'!-s agreed to.
On the passage of the bill, the ayes were 125, nays 0.
The bill having received the requisite constitutional majority was passed.
1542
JouRNAL oF THE HousE,
Mr. Mooty of Troup moved to amend the calendar of the day by placing Senate Bill No. 134 in place of Senate Bill No. 81.
On the motion to amend the calendar, Mr. Mooty of Troup moved the ayes and nays, and the call was not sustained.
On the motion to amend the calendar, the ayes were 52, nays 84, and the motion was lost.
Mr. Eckford of Fulton moved to amend the calendar of the day by substituting Senate Bill No. 152 for Senate Bill No. 137.
On the motion to amend the calendar, the ayes were 26, nays 66, and the motion was lost.
Messrs. Brown of Greene, Nelson of Laurens, Kennedy of Lamar, and others moved to amend the calendar of the day by placing Senate Bills Nos. 90 and 91 at the head of the calendar.
On the motion to amend the calendar, Mr. Brown of Greene moved the ayes and nays, and the call was not sustained.
On the motion to amend the calendar, the ayes were 53, nays 82, and the motion was lost.
Mr. Stewart of Coffee arose to a question of personal privilege and adressed the House.
Mr. Cartledge of Richmond arose to a question of personal privilege and addressed the House.
Mr. Weeks of Columbia arose to a question of personal privilege and addressed the House.
Mr. Lord of Jackson arose to a question of personal privilege and adressed the House.
By unanimous consent, the following bill of the Senate was read the third time and placed upon its passage:
SATURDAY, AuausT 22, 1931.
1543
By Mr. Courson of the 16th District-
Senate Bill No. 147. A bill to be entitled an Act to provide for the use of wooden and wire fish baskets in certain counties of this State, and for other purposes.
By unanimous consent, the previous question was called, and the main question ordered.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 126, nays 0.
The bill having received the requisite constitutional majority was passed.
Under the order of business established by the Rules Committee, the following bills and resolutions of the Senate were taken up for consideration and read the third time:
By Messrs. McWhorter of the 50th District, West of the 11th District, and Ennis of the 20th District-
Senate Resolution No. 59. A resolution permitting the Military Department to supplement its appropriation with the unexpended balance of the appropriation for riot duty, and for other purposes.
On Senate Resolution No. 59, Mr. Westbrook of Dougherty moved the previous question.
The motion prevailed, and the main question was ordered.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 104, nays 15.
The resolution having received the requisite constitutional majority was adopted.
1544
JouRNAL OF THE HousE,
The Speaker called up the following resolution of the Senate:
By Mr. Harris of the 18th DistrictSenate Resolution No. 60.
A RESOLUTION
To propose to the people an amendment to the Constitution of the State of Georgia by striking from Section 7 of Article 6, of the Constitution of this State the following proviso at the end of said section, to-wit: "Provided that nothing herein contained shall apply to Richmond County," so as to authorize the County of Richmond as provided in Section 7, of Article 6, of the Constitution of this State to abolish Justice Courts and the office of Justice of the Peace and of Notary Publics ex-officio Justice of the Peace, and for other purposes.
Be it resolved, by the General Assembly of the State of Georgia, that there is hereby submitted to the people of the State a proposal to amend the Constitution of the State of Georgia by striking from the end of Section 7, of Article 6 of said Constitution the following proviso, to-wit: "Provided that nothing herein contained shall apply to Richmond County," so that when amended Section 7, of Article 6 of the Constitution of this State shall read as provided in the Act of the General Assembly of 1927, proposing an amendment to said section and article of the Constitution with the exception that the proviso quoted above is eliminated.
Sec. 2. Be it further resolved, by the authority aforesaid, that when said amendment shall be agreed to by a twothirds vote of the members elected to each House, it shall be entered upon the Journal of each House, with the yeas and nays thereof, and published in one newspaper in each Congressional District in said State for two months previous to the time for holding the next general el,ection, and shall
SATURDAY, AUGUST 22, 1931.
1545
at the next general election be submitted to the people of the State 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 6, Section 7, of the Constitution, striking from said Section 7 the last sentence thereof, to-wit: "Provided, that nothing contained shall apply to Richmond County," and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment to Article 6, Section 7, of the Constitution, striking from said Section 7, the last sentence thereof, to-wit: "Provided that nothing herein contained shall apply to Richr~10nd County," and if the majority of the electors qualified to vote for the members of the General Assembly, voting thereon shall vote for ratification, the Governor shall, 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 election for members of the General Assembly to count and ascertain the results, issue his proclamation for one insertion in one daily paper of the State, announcing such result and declaring the amendment ratified.
By unanimous consent, the previous question was called, and the main question ordered.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution involving an amendment to the Constitution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Allen Andrews Arnold
Arrington Ashley Atwood Awtrey Barrett
Battle Beaman Bean Beasley Bennett of Bacon
1546
JOURNAL OF THE HousE,
Bennett of Jeff Davis Bland Brannen Brown Brunson Bunn
Bur~n
Bush C'Brlisle of Bibb Carlisle of Grady Cartledge Chalker Chambers Childs Clark Clements of Marion Clements of Telfair Collier Courson Cowart Cozart Crawford Crowe Cullens Culpepper of Echols Davis of Floyd Davis of Jackson Davis of Troup Dixon Dorsett Duncan Eckford Edwards of Gilmer Elliott Evans Fagan Franklin Fraser Freeman Gillen Graham Grayson Green Greer Griffeth Griffin of Decatur
Griffin of Wilkes
Mattox
Gullatt
Meredith
Hardin
Mixon
Harris
Montgomery
Harrison of Camden Mooty
Hatcher
Morris
Hawes
Moye
Hodges
Mundy
Holt
MYrick
Horne
Nelson of Cook
Howard of Chatt'h'chee Nelson of Laurens
Howard of Long
Oliver
Hubbard of Habersham Pace
Hubbard of Wilkinson Parham
Huddleston
Park
Hutcheson
Paulk
Hyman
Peebles
Irvin
Pittard
James
Pope
Johnson of Montgomery Purdy
Johnson of Pike
Purvis
Johnson of Seminole Rabun
Johnston
Rivers
Jones of Burke
Roberts
Jones of Lumpkin Robertson
Jones of Paulding
Ross of Appling
Kennedy
Rosser
Key
Sammon
Kimsey
Scarbrough
King of Newton
Seckinger
Lance
Sharpe
Lanham
Simmons
Lanier
Sims
Lester
Sisk
Lewis of Gordon
Skelton
Lewis of Hancock
Spivey
Lindsay
Stanton
Logan
Stewart
Lord
Still
McElreath
Stone
McGehee
Strickland of Doug!~
McKoy
Strickland of Harals
McLeod
Sutton
McRae
Swain
Mallard
Tate
Mardre
Taylor
SATURDAY, AuousT 22, 1931.
1547
Thomas Thomoson Thompson Tippins Townsend Trapnell Trotter
Turner Waldrop Walker of Ben Hill Walker of Brooks Walker of Morgan Walker of Screven Weeks
Westbrook Whittle Wilkes Williams Wilson Wood Yawn
Those not voting were Messrs.:
Almand Bargeron Cain Cannon Cochran Colson Culpepper of Fayette Davis of Mitchell Donaldson Dykes Edmondson
Edwards of Lowndes Edwards of Stephens Gary
Hampton Harrison of Jenkins Killebrew Kimbrough King of Clay Leathers McWhorter Maynard
Mercer Musgrove Osteen Patten Phillips Powell Preston Ross of Dodge Shirley Wall Mr. Speaker
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 174, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Mr. Stone of Early asked unanimous consent that the House insist on its amendments to Senate Bill No. 31, and there was objection.
By Mr. Martin of the 2nd DistrictSenate Bill No. 58.
A BILL
To be entitled an Act to amend Paragraph 1, Section 4, Article 8, of the Constitution of the State of Georgia so as to authorize the consolidation of local school districts in which one or more bond issues may be outstanding,
1548
JouRNAL or THE HousE,
and to provide that the districts as consolidated may assume such indebtedness, 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 Paragraph 1, Section 4, Article 8, of the Constitution of the State of Georgia be and the same is hereby amended as follows: by adding at the end of said paragraph the following: "Provided also, that authority is hereby given to two or more local school districts, any one or more of which may have incurred a bonded indebtedness, to consolidate upon the condition that such bonded indebtedness outstanding shall assume by the entire district as consolidated, provided, however, before such consolidation shall become effective the same shall be approved by the vote of two-thirds of the qualified voters of each district affected at separate elections held for that purpose on the recommendations of the respective boards of trustees under the same terms and conditions as to advertisement as bond elections by school districts, the tickets for said elections to have written or printed thereon "For Consolidation with Bonded District" or "Against Consolidation with Bonded District;" and, in the event said elections result in favor of said consolidation, the result shall be so declared by the Boards of Trustees of said districts, and thereafter, the indebtedness outstanding against any one or more of said districts shall be a valid outstanding indebtedness of the district as consolidated and taxes for the payment of said indebtedness shall be levied accordingly.
Sec. 2. Be it further enacted that if the constitutional amendment shall be agreed to by two-thirds of the members elected to each of the two Houses of this General Assembly, and shall be entered on the Journals of each House, with the ayes and nays recorded as taken thereon, the Governor is hereby directed to cause the said proposed amendment to be published in one or more of the newspapers in each Congressional District for two months previous to the time
SATURDAY, AUGUST 22, 1931.
- 1549
of holding the next general election, and the voters shall have written or printed on their tickets, "For Ratification of Amendment to Paragraph 1, Section 4, Article 8 of the Constitution providing for consolidation of local school districts where bonds have been voted" or "Against Ratification of Amendment to Paragraph 1, Section 4, Article 8 of the Constitution providing for consolidation of local school districts where bonds have been voted." And if a majority of said electors voting at said general election qualified to vote for members of the General Assembly shall ratify this proposed amendment to the Constitution of this State, then said Paragraph 1, Section 4, Article 8 shall be amended as above, and the Governor shall make proclamation thereof.
Sec. 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
On Senate Bill No. 58, Mr. Westbrook of Dougherty moved the previous question.
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.
The bill involving an amendment to the Constitution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Allen Andrews Arnold Ashley Atwood Awtrey Barrett Beaman Bean
Beasley Bennett of Bacon Bennett of Jeff Davis Brannen Brown Brunson Bunn Cannon Carlisle of Bibb Carlisle of Grady Chalker
Chambers Childs Clark Clements of Marion Clements of Telfair Cochran Collier Courson Cowart Cozart Crawford
-1550
JouRNAL OF THE HousE,
Crowe
Jones of Paulding
Cullens
Kennedy
Culpepper of Fayette Killebrew
Davis of Floyd
Kimbrough
Davis of Jackson
Kimsey
Davis of Mitchell
King of Clay
Davis of Troup
King of Newton
Dixon
L!l.nce
Donaldson
-Lanier
Duncan
Leathers
Eckford
Lester
Edwards of Gilmer Lewis of Gordon
Edwards of Stephens Lewis of Hancock
Elliott
Lindsay
Fagan
Logan
Franklin
Lord
Fraser
McGehee
Freeman
McKoy
Gillen
McLeod
Graham
McRae
Green
McWhorter
Griffeth
Mallard
Griffin of Decatur Mardre
Griffin of Wilkes
Mattox
Gullatt
Meredith
Hardin
Montgomery
Harris
Morris
Harrison of Jenkins Moye
Hatcher
Mundy
Hodges
Musgrove
Holt
Myrick
Horne
Nelson of Cook
Howard of Chatt'h'chee Nelson of Laurens
Howard of Long
Oliver
Hubbard of Habersham Osteen
Hubbard of Wilkinson Pace
Hutcheson
Parham
Hyman
Park
Irvin
Patten
James
Paulk
Johnson of Montgomery Peebles
Johnson of Pike
Phillips
Johnson of Seminole Pittard
Johnston
Pope
Jones of Burke
Purdy
Jones of Lumpkin
Purvis Rabun Rivers Roberts Robertson Ross of Appling Rosser Sammon Scarbrough Seckinger Sharpe Shirley Simmons Skelton Spivey St-1nton Stewart Still Strickland of Douglas Strickland of Haralson Sutton Swain Tate Taylor Thomoson Thompson Tippins Townsend Trapnell Trotter Turner Waldrop Walker of Ben Hill Walker of Brooks Walker of Morgan Walker of Screven Wall Weeks Westbrook Whittle Wilkes Williams Wilson Wood Yawn
SATURDAY, AuousT 22, 1931.
1551
Those voting in the negative were Messrs.:
Burton
Dorsett
Cartledge
Evans
Culpepper of Echols Hawes
Sims Sisk Stone
Those not voting were Messrs.:
Almand Arrington Bargeron Battle Bland Bush Cain Colson Dykes Edmondson
Edwards of Lowndes Gary Grayson Greer Hampton Harrison of Camden Huddleston Key Lanham McElreath
Maynard Mercer Mixon Mooty Powell Preston Ross of Dodge Thomas Mr. Speaker
By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 169, nays 9.
The bill having received the requisite two-thirds constitutional majority was passed.
l'vir. James of Jones asked unanimous consent that the House disagree to the following Senate substitute to House Resolution No. 110, and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate for the purpose of considering said amendment, and the request was granted:
House Resolution No. 110.
A RESOLUTION
Be it resolved by the Senate, the House concurring, that the President of the Senate is hereby authorized to appoint three outstanding Georgians and the Speaker of the House is authorized to appoint five outstanding Georgians to serve on a committee to make a survey of the University of Georgia and its branches and recommend to the next General
1552
JouRNAL oF THE HousE,
Assembly which branches of the University shall be retained by the State taking into consideration the location of the branches geographically so as to best serve the people of Georgia, and to eliminate useless duplication, and to provide a system of higher education designed to give to the State of Georgia a real university system with the least possible cost to the State.
Be it further resolved, that the members of the said committee not be members of the General Assembly, and that outstanding citizens of this State be appointed who are willing to serve without compensation.
Be it further resolved, that said committee shall have authority to compel the attendance of witnesses to testify under oath, and to issue subpoenas duces tecum for the production of records and documents, and to examine the records of each of the branches of the university.
Be it further resolved, that said committee shall make its recommendation to the next session of the General Assembly.
The Speaker appointed as a Committee of Conference on the part of the House, the following members of the House, to-wit:
Messrs. James of Jones,
Bland of Stewart,
Mardre of Thomas.
Mr. Stone of Early asked unanimous consent that the House insist on its amendments to Senate Bill No. 31, and that a Committee of Conference on the part of the House be appointed to confer with a like committee on the part of the Senate for the purpose of considering said amendments and the request was granted.
SATURDAY, AucusT 22, 1931.
The Speaker appointed as a Committee of Conference on the part of the House the following members of the House, to-wit:
Messrs. Stone of Early, Trapnell of Candler, Carlisle of Bibb.
The Speaker called up the fol"owing bill of the Senate for consideration:
By Mr. Tippins of the 49th DistrictSenate Bill No. 156. A bill to be entitled an Act to repeal
a section of the Code enumerating the persons subject to road duty in Georgia, and for other purposes.
By unanimous consent, the previous question was called, and the main question was ordered.
The repott of the committee, which was favorable to the passage of the !::ill, was agreed to.
On the passage of the bill, the ayes were 104, nays 0. The bill having received the requisite constitutional majority was passed.
By Mr. Martin of the 2nd DistrictSenate Bill No. 59.
A BILL To be entitled an Act to amend Paragraph 1, Section 4,
:\rtic~e 8 of the Constitution of the State of Georgia so as to authorize County Boards of Educatiop, Independent School Systems, and Local School Districts to contract with each other for the education, transportation, and care of children of school age, and for other purposes.
1554
. JouRNAL oF THE HousE,
Section 1. Be it enacted by the General Assembly of
Georgia and it is enacted by authority of the same, That
Paragraph 1, Section 4, Article 8 of the Constitution of the State of Georgia be and the same is hereby amended as follows: by adding at the end of said paragraph the following: "Provided, however, County Boards of Education, Independent School Systems, and Local School Districts may contract with each other for the education, transportation, and care of children of school age."
Sec. 2. Be it further enacted that if this Constitution amendment shall be agreed to by two-thirds of the members elected to each of the two Houses of this General Assembly, and shall be entered on the Journals of each House, with the ayes and nays recorded as taken thereon, the Governor is hereby directed to cause the said proposed amendment to be published in one or more of the newspapers in each Congressional District for two months previous to the time of holding the next general election, and the voters shall have written or printed on their tickets, "For Ratification of Amendment to Paragraph 1, Section 4, Article 8 of the Constitution authorizing County Boards of Education, Independent School Systems, and Local School Districts to contract with each other" or "_-\gainst Ratification of Amendment to the Constitution, Paragraph 1, Section 4, Article 8, authorizing County Boards of Education, Independent School Systems, and Local School Districts to contract with each other." And if a majority of said electors voting at said general election qualified to vote for members of the General Assembly shall ratify this proposed amendment to the Constitution of this State, then said Paragraph 1, Section 4, Article 8 of the Constitution shall be amended as above and the Governor shall make proclamation thereof.
Sec. 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
SATURDAv, AuousT 22, 1931.
1555
On Senate Bill No. 59, Mr. McRae of Fulton moved the previous question.
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.
The bill involving an amendment to the Constitution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Allen Andrews Arnold Arrington Ashley Atwood Awtrey Bargeron Barrett Battle Beaman Beasley Bennett of Bacon Bennett of Jeff Davis Brown Brunson Bunn Burton Cannon Carlisle of Bibb Carlisle of Grady Cartledge Chalker Chambers Childs Clements of Marion Clements of Telfair Cochran Collier Courson Cozart
Crawford Cullens Culpepper of Echols Davis of Floyd Davis of Jackson Davis of Mitchell Davis of Troup Donaldson Dorsett Duncan Eckford Edwards of Gilmer Edwards of Stephens Elliott Evans Franklin Fraser Freeman Gary Gillen Graham Grayson Green Greer Griffeth Griffin of Decatur Griffin of Wilkes Gullatt Hampton Hardin Harris Harrison of Camden Harrison of Jenkins
Hatcher Hawes Hodges Holt Horne Howard of Chatt'h'chee Howard of Long Hubbard of Habersham Hubbard of Wilkinson Hutcheson Hyman Irvin James Johnson of Montgomery Johnson of Pike Johnson of Seminole Johnston Jones of Burke Jones of Paulding Kennedy Key Kimbrough King of Clay King of Newton Lance Lanham Lanier Leathers Lester Lewis of Gordon Lewis of Hancock Lindsay Logan
1556
JouRNAL OF THE HousE,
Lord McElreath McGehee McKoy . McLeod McRae McWhorter Mallard Mardre Mattox Meredith Montgomery Mooty Morris Moye Mundy Myrick Nelson of Cook Nelson of L::mrens Oliver Osteen Pace Parham Park Patten
Paulk Phillips Pittard Pope Powell Purdy Purvis Rabun Rivers Roberts Robertson Ross of Appling Rosser Scarbrough Seckinger Sharpe Shirley Simmons Sims Sisk Skelton Spivey Stewart Stone Strickland of Douglas
Strickland of Haralson Sutton Swain Tate Taylor Thomoson Thompson Tippins Townsend Trapnell Trotter Turner Waldrop Walker of Ben Hill Walker of Brooks Walker of Morgan Walker of Screven Wall Weeks Westbrook Whittle Williams Wilson Wood Yawn
Those not voting were Messrs.:
Almand Bean Bland Brannen Bush Cain Clark Colson Cowart Crowe Culpepper of Fayette
Dixon Dykes Edmondson Edwards of Lowndes Fagan Huddleston Jones of Lumpkin Killebrew Kimsey Maynard Mercer
Mixon Musgrove Peebles Preston Ross of Dodge Sammon Stanton Still Thomas Wilkes Mr. Spe:J.ker
By unanimous consent, the verification of the roll ca 1was dispensed with.
On the passage of the bill, the ayes wer.; 17 1, nays 0.
The bill having received the requisite two-thirds constitution 1 majority was passed.
SATURDAY, AUGUST 22, 1931.
1557
By Mr. Strickland of the 1st District-
Senate Bill No. 66. A bill to be entitled an Act to amend the Georgia Motor Vehicle Law, and for other purposes.
On Senate Bil No. 66, Mr. Lewis ofHancock moved the previous question.
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. Beasley ofTattnall moved the ayes and nays, and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alexander Allen Andrews Arrington Ashley Atwood Awtrey Battle Be3.mln Be1sley Bland Brannen Brown Brunson Bunn Cannon Carlisle of Bibb Cartledge Chalker Chambers Childs Clark Cochran Collier Courson
Cozart
Hubbard of Wilkinson
Crawford
Huddleston
Crowe
Hutcheson
Cullens
Irvin
Davis of Floyd
James
Davis of Mitchell
Johnson of Montgomery
Dixon
Johnson of Pike.
Donaldson
Johnson of Seminole
Duncan
Johnston
Edwards of Gilmer
Kennedy
Edwards of Stephens Key
Fagan
Killebrew
Fraser
Kimbrough
Freeman
Kimsey
Gillen
King of Clay
Graham
King of Newton
Grayson
Lanham
Griffeth
Lanier
Griffin of Wilkes
Leathers
Gull"ltt
Lester
Hardin
Lewis of Hancock
Hodges
Lindsay
Holt
McElreath
Horne
McKoy
Howard of Chatt'h'chee McLeod
Howard of Long
McWhorter
1558
jOURNAL OF THE HousE,
Mardre Mattox Meredith Mooty Morris Moye Mundy Musgrove Myrick Nelson of Cook Nelson of Laurens Oliver Osteen Pace Park Patten Pittard Pope Powell Purvis
Rabun
Swain
Rivers
Thomas
Robertson
Thomoson
Ross of Appling
Thompson
Rosser
Tippins
Sammon
Townsend
Scarbrough
Trapnell
Seckinger
Turner
Sharpe
Waldrop
Shirley
Walker of Ben Hil
Simmons
Walker of Morgan
Sims
Wall
Skelton
Weeks
Spivey
Westbrook
Still
Whittle
Stone
Williams
Strickland of Douglas Wilson
Strickland of Haralson Wood
Sutton
Yawn
Those voting in the negative were Messrs.:
Arnold Bargeron Bennett of Jeff Davis Burton Bush Carlisle of Grady Clements of Marion Clements of Telfair Culpepper of Echols Davis of Jackson Davis of Troup Dorsett
Elliott Evans Gary Green Greer Hampton Harris Harrison of Jenkins Hatcher Jones of Burke Jones of Paulding Lewis of Gordon
Logan Lord McGehee McRae Montgomery Parham Purdy Roberts Stanton Stewart Walker of Screver Wilkes
Those not voting were Messrs.:
Almand Barrett Bean Bennett of Bacon Cain Colson Cowart Cupepper of Fayette Dykes
Eckford
Jones of Lumpki
Edmondson
Lance
Edwards of Lowndes Mallard
Franklin
Maynard
Griffin of Decatur
Mercer
Harrison of Camden Mixon
Hawes
Paulk
Hubbard of Habersham Peebles
Hyman
Phillips
SATURDAY, AuGUST 22, 1931.
1559
Preston Ross of Dodge Sisk
Tate Taylor Trotter
Walker of Brooks Mr. Speaker
The roll call was verified.
On the passage of the bill, the ayes were 136, nays 36.
The bill having received the requisite constitutional majority was passed.
Mr. Nelson of Cook asked unanimous consent that when the House adjourn, it stand adjourned until 2:30 o'clock this afternoon, and the request was granted.
By unanimous consent, the report of the Committee of Conference on Senate Bill No. 92 was taken up for consideration and read:
Mr. Speaker:
Your Conference Committee on Senate Bill No. 92 has had numerous meetings in an effort to agree on a report as to said bill, and after diligent effort being made we desire to report that the Conference Committee has been unable to agree. We respectfully request that another Conference Committee be appointed to consider the differences between the House and the Senate.
Respectfully submitted,
Committte on the part of the Senate:
ENNIS of the 20th District, McWHoRTER of the 50th District, HARRIS of the 18th District.
Committee on the part of the House:
THoMAS of Wayne, JOHNSON of Seminole, KEY of Jasper.
1560
JouRNAL oF THE HousE,
Mr. Thomas of Wayne moved that the House adopt the report of the Committee of Conference on Senate Bill No. 92, and the motion prevailed.
By Messrs. Rabun of Jefferson, Taylor of Washington, and others-
House Resolution No. 122. A resolution inviting the Commissioner of Agriculture to appear before the House as a Committee of the Whole and explain the result of the convention that was held in New Orleans on Friday, August 21, 1931, and for other purposes.
On House Resolution No. 122, Mr. Gullatt of Campbell moved the previous question.
Mr. Rosser of Walker moved to table House Resolution No. 122.
Mr. Beaman of DeKalb moved that the House do now adjourn, and the motion was lost.
The motion to table was lost.
The motion for the previous question prevailed, and the main question was ordered.
The resolution was adopted.
Mr. Beaman of DeKalb moved that the House do now adjourn.
Mr. Roberts of Muscoget moved that Mr. Eugene Talmadge, the Commissioner of Agriculture, be invited to address the House at 3 :00 o'clock this afternoon, and that a committee of three be appointed to escort him to the Hall of the House.
The motion to adjourn was lost.
The motion of the gentleman from Muscogee, Mr. Roberts, prevailed, and the Speaker appointed as a committee to escort the Commissioner of Agriculture to the Hall of
SATURDAY, AuGUST 22, 1931.
1561
the House, Messrs. Roberts of Muscogee, Stewart of Coffee, and Wall of Putnam.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the report of the Conference Committee on the following bill of the House, to-wit:
By Messrs. Lindsay and Leathers of DeKalb-
House Bill No. 155. A bill to amend an Act relative to the regulation of the practice of the occupation of a barber.
The Senate has agreed to the report of the Conference Committee on the following bill of the House, to-wit:
By Messrs. Huddleston of Meriwether, Crowe of Worth, and others-
House Bill No. 194. A bill known as the General Reorganization Bill.
The President has appointed as a new Conference Committee on the part of the Senate to confer with a like committee on the part of the House to consider Senate Bill No. 92, known as the Congressional Redistricting Bill, the following Senators, to-wit:
Messrs. McWhorter of the 50th District,
Harris of the 18th District,
Ennis of the 20th District.
Mr. Battle of Muscogee moved that when the House adjourn, it stand adjourned until3 :00 o'clock this afternoon, and the motion prevailed.
1562
JOURNAL oF THE HousE,
Privileges of the floor were granted to Mr. Johnny Dobbs of Fulton County, Mrs. McRae of Fulton County, Han. 0. 0. Simpson of Gwinnett County, Han. W. J. Vereen of Colquitt County, Miss Moina Michael of Clarke County, and Mr. Paul Newsome of Wilkes County.
Mr. Battle of Muscogee moved that the House do now adjourn, and the motion prevailed.
The Speaker announced the House adjourned until this afternoon, at 3:00 o'clock.
AFTERNOON SES~ON, 3:00 o'clock, P. M,
The House met again at this hour and was called to order by the Speaker.
By unanimous consent, the roll was dispensed with.
By unanimous consent, the following bill of the House was taken up for the purpose of considering the Senate amendments thereto:
By Mr. Elliott ofHenry-
House Bill No. 617. A bill to be entitled an Act to provide for the use of wire fish baskets in the waters of Henry County, and for other purposes.
Mr. Williams of the 27th District moved to amend House Bill No. 617 by adding after the words "Henry County" wherever they appear, the words "Walton County."
Mr. Reagan of the 35th District moved to amend Sec-
tion 1 of said Bill No. 617 by adding to said section the
following provision, to-wit:
SATURDAY, AUGUST 22, 1931.
1563
..Further provided, that seining in the streams of Henry County during the months of July and August by citizens of said county shall likewise be permissive and lawful."
The amendments were agreed to.
Hon. Eugene Talmadge, Commissioner of Agriculture, together with his honorable escort, appeared upon the floor of the House, was escorted to the Speaker's stand, and delivered an address to the House of Representatives.
The Speaker appointed as a Committee of Conference on the part of the House on Senate Bill No. 92, the following members of the House, to-wit:
Messrs. Thomas of Wayne,
Nelson of Laurens,
Rosser of Walker.
The Committee of Conference on House Bill No. 155 submitted the following report:
Mr. President:
Mr. Speaker:
Your Committee on Conference appointed to consider House Bill No. 155, known as the Barber's Bill, beg leave to submit the following report and recommendation:
We recommend that the Senate amendment to Section 1 be agreed to.
We recommend that the word and figure one in Section 10 of the bill be stricken and the word and figure two be inserted in lieu thereof.
We recommend that the Senate recede from its position on the amendment to Section 9.
We recommend that the Senate amendment to Section 7 be agreed to.
1564
JouRNAL oF THE HousE,
We recommend that the Senate amendment to Section 6 of said bill be agreed to.
Respectfully submitted,
Committee on the part of the Senate:
WEEKES of the 34th District, HAND of the 8th District, STRICKLAND of the 1st District.
Committee on the part of the House:
LEATHERS of DeKalb, CANNON of Rockdale, CocHRAN of Thomas.
Mr. Leathers of DeKalb moved that the House adopt the report of the Conference Committee on House Bill No. 155, and the motion prevailed.
The following resolution of the House was read and adopted:
By Mr. Park of l}ibb-
House Resolution No. 123. A resolution extending the thanks of the State to the heirs ofWemberly Jones DeRenne for the compilation and publication of the catalogue of the library and for copies presented to the State Library, and for other purposes.
The following resolution of the House was read and adopted:
By Messrs. Wood of Clarke, Battle of Muscogee, Allen of Baldwin, and others-
House Resolution No. 124. A resolution extending thanks to Mrs. Sara Cobb Baxter and Miss Carolyn Cobb, and for other purposes.
SATURDAY, AUGUST 22, 1931.
1565
By Mr. Weekes of the 34th District-
Senate Bill No. 123. A bill to be entitled an Act to provide a new charter for the Town of Decatur, and for other purposes.
By unanimous consent, the previous question was called, and the main question ordered.
The following substitute was read and adopted:
Committee substitute for Senate Bill No. 123.
A BILL
To be entitled an Act to amend an Act approved August 17, 1909, providing a new charter for the Town of Decatur, now City of Decatur, in the County of DeKalb, and the several Acts amendatory thereto, so as to authorize the commissioners of said city to close up and abolish any street, road or alley, or part of a street, road or alley in said city, and for other purposes.
Section 1. Be it enacted by the General Assembly of Georgia, and is hereby enacted by the authority of the same, that the Act approved August 17, 1909, providing a new charter for the Town of Decatur, now City of Decatur, in the County of DeKalb, and the several Acts amendatory thereof, be and the same are hereby amended, so that the commissioners of the City of Decatur, shall have full power and authority in their discretion, and they are hereby given such authority, to close up and abolish any street, road or alley, or any part of a street, road or alley in said city. Provided, however, said city shall be liable for damages to any property right of any person occasioned by the exercise of the powers herein granted.
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.
1566
JouRNAL oF THE HousE,
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 111, nays 0.
The bill having received the requisite constitutional majority was passed by substitute.
The Committee of Conference on House Bill No. 194 submitted the following report:
To the President of the Senate,
To the Speaker of the House:
Your committee appointed for the purpose of conferring on House Bill No. 194, and for the purpose of reconciling the differences existing between the Senate and the House, submit the following report:
The House recedes from its position on the following Senate amendments, to-wit: Nos. One, Three, Four, Eight, Ten, Eleven, Thirteen, Fourteen, Fifteen, Sixteen, Twenty, Twenty-three, Twenty-four, Twenty-five, Twentyseven, Thirty-four, Thirty-five, Thirty-Seven, Thirty-eight, Forty, and Forty-two.
The Senate recedes from its position on the following Senate amendments, to-wit: Nos. Two, Nine, Twelve, Seventeen, Eighteen, Twenty-one, Twenty-two, Twentynine, Thirty-one, Thirty-three, and Forty-one.
Amendment No. 5. The committee recommends that this amendment be stricken in its entirety, and the following substituted in lieu thereof:
"However, the director may appoint not less than five nor more than ten persons to serve at his pleasure, to constitute and be the Advisory Board of Health to the Department of Health, provided that a majority of said board shall be doctors, and that at least one member thereof shall be a
SATURDAY, AUGUST 22, 1931.
1567
dentist, all of whom shall serve without expense or compensation."
Amendment No. 6. Your committee recommends that this amendment be stricken in its entirety and the following adopted in lieu thereof:
"Section 19. Be it further enacted by the authority aforesaid, that there is hereby created a Department of Forestry and Geological Development to consist of a consolidation of the existing Forestry and Geology Departments; said Department of Forestry and Geological Development to be under the direction of a commission, the members of which shall be appointed by the Governor for a term of six years, as hereinafter provided. The present State Forester shall serve as State Forester until January 1, 1936, at an annual salary of $4,500.00 payable monthly. The Geological Division shall be in charge of a State Geologist; the present State Geologist shall serve as the State Geologist hereunder until January 1, 1936, at an annual sala;-y of $4,500.00 payable monthly.
"Section 20. There is hereby created a commission to be known as the State Commission of Forestry and Geological Development, to consist of six members, and upon the expiration of the respective terms of such members, the Governor shall appoint successors to serve for a period of six years. The Governor of Georgia shall be Chairman and President of said Commission. The appointive members of the present State Board of Forestry are hereby named as members of said Commission. The Governor shall appoint the additional member for a term of six years who shall be selected with reference to his knowledge of and interest in the mineral resources of the State. Vacancies shall be filled for the unexpired term. The Commission thus constituted shall be composed of the Governor and six citizens, and as far as possible all appointees shall be selected with reference to their knowledge of and interest in the production and use of forests and/or mineral products in the
1568
JouRNAL or THE HousE,
industries of the State, and due consideration shall. be given to the membership with reference to geographical location. The meetings of the Commission shall be held quarterly at the State Capitol and at such other times and places as may be directed in writing by the President. The board shall have a secretary, who shall be either the State Forester or State Geologist, to be designated by the Commission. The members of said Commission shall receive no compensation for their service as such, but they shall be reimbursed for their reasonable expenses while in attendance upon the meetings of said Commission, out of the funds appropriated by the Legislature, upon the certificate of the Secretary of the Commission when approved by the Governor.
"Section 21. The State Board of Forestry, established under and by virtue of an Act approved August 14, 1925, (Acts 1925, Page 199) is hereby abolished and all the powers, duties, functions of said board are hereby transferred to the Department of Forestry and Geological Development. The offices appointed under said board are also abolished.
"Section 22. The Advisory Board to the State Geologist as established by the laws of 1894, Page 111 (Section 1964, Code of 1910), is hereby abolished, and the powers, duties, and functions of the State Geologist are hereby transferred to and vested in the said Department of Forestry and Geological Development.
"Section 23. The State Forester and State Geologist shall be appointed by the Governor after nomination by the Commission. The Governor shall remove said State Forester and/or State Geologist upon a majority vote of the members of the Commission. It shall be the duty of the Commission, in conjunction with the State Forester and State Geologist to inquire into and make public reports upon the geological and forest conditions in Georgia, including economic and industrial surveys, soils, minerals, effects of erosion and water power and flood control. These reports
SATURDAY, AUGUST 22, 1931.
1569
shall be made to the Governor and shall be given such distribution as the Commission directs. It shall be the duty of the Commission to report to each regular session of the General Assembly and make such recommendations therein as it may deem advisable.
"Section 24. It shall be the duty of the department to encourage the devefopment of new markets for Georgia forest and geological products, and use its efforts to bring new industries into the State. The Commission is authorized to receive gifts or donations made to the department and to expend the same under the terms of such gifts or donations. The Commission shall have the power to do special research work in wood pulp and cellulose within the State, as funds may become available. The Commission shall be the designated agency to expend, through the department, all Federal Aid funds available under the Clark-McNary Law for fire prevention and nursery work."
Amendment No. 7. Your committee recommends that this amendment be stricken in its entirety, and the following adopted in lieu thereof:
"The State Board of Game and Fish, established under and by virtue of an Act approved August 8, 1924, (Acts 1924, Page 101, et seq.) is hereby abolished and the office of Tidewater Commissioner created by the provisions of said Act is hereby abolished and the powers, duties, and functions of said board and of said Tidewater Commissioner are hereby vested in the Commissioner of Game and Fish, who shall receive a salary of $4,800.00 per annum, to be paid only from monies on hand to the credit of the Game Protection Fund. The Commissioner of Game and Fish shall be appointed by the Governor for a term of four years> provided that the present Commissioner of Game and Fish shall serve out the term for which he has been elected. The Commissioner of Game and Fish shall designate and appoint one of the inspectors now provided for by said Act of August 8, 1924, as Chief Inspector of Coastal Fisheries,
1570
JouRNAL OF THE HousE,
who shall serve at the will of the commissioner, and whose salary shall not exceed the sum of $1,800.00 as now provided in said Act. Said Chief Inspector of Coastal Fisheries, under the supervision and direction of the Commissioner of Game and Fish, shall have charge of the enforcement of all laws for the protection of fish, shell fish and crustacea in Tidewater Georgia and shall perform such other duties and functions as may be delegated to him by the said Commissioner of Game and Fish. He shall give bond in some solvent security company, to be approved by the Game and Fish Commissioner, in the sum of $10,000.00 for the faithful performance of the duties of his office and the proper accounting of all monies that may come into his hands as said Chief Inspector of Coastal Fisheries, the premium on said bond to be paid from the Coastal Fisheries Fund."
Amendment No. 19. Your committee recommends that this amendment be stricken in its entirety, and the following adopted in lieu thereof:
"Section 62. Within ten days after the effective date of this Act the present Board of Trustees or Directors and/or the Treasurers thereof, of the University of Georgia and all of its branches named in Section 49 of this article, are hereby directed to turn back into the State Treasury all funds remaining on hand from any unexpended appropriation and transfer to the Board of Regents all funds, credits and property of whatsoever kind from whatsoever sources received. The boards and the officers of said boards are directed to deliver to the Board of Regents all records in their custody or control."
Amendments Nos. 26 and 32. Your committee recommends that these two amendments be stricken in their entirety, and the following adopted in lieu thereof:
By adding to the end of Section 93, Article 9, the followmg:
"One of said Assistant Attorneys-General shall serve the Highway Department as its special attorney and one of said
SATURDAY, AuousT 22, 1931.
1571
Assistant Attorneys-General shall serve the Public Service Commission, as its special attorney; the salaries of the two said assistants shall be paid out of the funds of said respective departments."
Amendment No. 28. Your committee recommends that this amendment be stricken in its entirety, and the following adopted in lieu thereof:
"Section 86. All the powers, duties, and functions of the State Historical Commission as prescribed in an Act approved August 20, 1918, (See Acts 1918, Page 137, et seq.) are hereby transferred to and made incumbent upon the Secretary of State and the said State Historical Commission heretofore existing under and by virtue of Section 2 of said Act is hereby abolished and so much of said Act is hereby repealed; provided, however, that the present Director and Stat~ Historian shall serve at the present compensation for the balance of said official's unexpired term."
Amendment No. 30. Your committee recommends that this amendment be stricken in its entirety, and the following adopted in lieu thereof:
By adding at the end of Section 93, Article 9, the followmg:
"The Attorney-General shall be paid S5,500.00 per annum, payable monthly."
Amendment No. 36. Your committee recommends that this amendment be strjcken in its entirety, and the following adopted in lieu thereof:
That Section 102, Article 12, and ending with the words "Thereafter the term of office of the Public Service Commission shall be for four years" be stricken in its entirety, and that Section 102a be retained.
Amendment No. 39. Your committee recommends that this amendment be stricken in its entirety, and the following adopted in lieu thereof:
1572
JouRNAL OF THE HousE,
That a new section be added thereto, immediately preceding the repealing section, to read as follows:
''No member of the General Assembly shall during the term for which he has been elected be eligible to be appointed or employed by any department, board, bureau or other State agency in any capacity whatsoever."
Your committee recommends that a new section be added to the bill and to immediately follow Section 92, and to be designated as Section 92a, and to read as follows:
"The salary of the Secretary for said Examining Board shall be fixed by the Secretary of State, and he shall hold office at the pleasure of the Secretary of State. The expenses of the members of the various boards nal!led in this article shall be limited to actual expenses while in attendance upon the meetings ofsaid respective boards, and actual travelling expenses. The secretary shall maintain an office in the State Capitol, and all of the meetings of said respective boards shall be held in the Capitol. All expense vouchers shall in each case be itemized, approved by the chairman of each respective board, and presented to the secretary for payment; provided, however, that such expenses, including the salary of the secretary on a pro rata basis, shall not exceed the fees received by said respective boards."
Respectfully submitted,
Committee on the part of the Senate:
PETERSON of the 15th District, NEISLER of the 23rd District, KNABB of the 4th District.
Committee on the part of the House:
HuDDLESTON of Meriwether, CoLSON of Glynn, CRowE of Worth.
SATURDAY, AucusT 22, 1931.
1573
Mr. Allen of Baldwin asked unanimous consent that the report of the Committee of Conference on House Bill No. 194 be adopted, and the request was granted.
Under orders of the day, the following bills of the Senate were taken up for consideration and read the third time:
By Mr. Neisler of the 23rd District-
Senate Bill No. 160. A bill to be entitled an Act to amend the Code relating to the security to be given by State Depositories, and for other purposes.
By unanimous consent, the previous question was called, and the main question ordered.
The following substitute was read and adopted:
A BILL
To be entitled an Act to amend Section 1256 of the Civil Code of 1910 relating to bonds to be given by State Depositories so as to require the giving of a surety bond in a sum equal to the amount of money to be deposited with it and so as to authorize a depository in lieu of the bond to deposit with the State Treasurer besides United States and State bonds validated county or municipal bonds, and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That Section 1256 of the Civil Code of 1910 relating to bonds of State Depositories be amended by striking from said section the following words:
"And whenever a National Bank is selected as a State Depository the amount of the bond shall be double the amount of money to be deposited with it. The bond to be made by the State Depository may be a personal bond or may be made by a deposit with the State Treasurer of
1574
JouRNAL oF THE HousE,
United States bonds or Georgia State bonds or either one or both of said methods."
and substituting in lieu thereof the following:
"The bond to be given by State Depositories whether State or National Banks shall be a surety bond signed by a surety company duly qualified and authorized to transact business in this State in a sum equal to the amount of money to be deposited with such depository, provided that in lieu of such surety bond the State Depository may deposit with the State Treasurer bonds of the United States or of this State, or bonds of the counties or municipalities of this State which have been duly validated as provided by law and as to which there has been no default in payment either of principal or interest, said bonds to be satisfactory to the State Treasurer. A State Depository may secure deposits made with it in part by a surety bond and in part by a deposit of any or all of the bonds above mentioned or by either method," so that said section when amended shall read as follows:
"Section 1256. Amount of State's deposit limited to amount of bond of depository. The Treasurer of this State shall not deposit at any one time, or have on deposit at any one time in any one of the depositories of this State for a longer time than ten days, a sum of money belonging to this State that exceeds the bond given by said depository to the State. The treasurer shall check from any depository the amount of the State's money that said depository holds in excess of its bond, and pay the sum into the treasury; Provided, that a State Depository may be allowed to hold a sum greater than fifty thousand dollars, but not in excess of one hundred thousand dollars, upon such depository giving a new bond to cover the maximum amount to be deposited with it, and when such new bond has been executed and delivered to the Governor the old bond shall be discharged and surrendered. The bond to be given by State Depositories whether State or National Banks shall be a surety bond signed by a surety company duly qualified
SATURDAY, AuousT 22, 1931.
1575
and authorized to transact business in this State in a sum equal to the amount of money to be deposited with such depository, provided that in lieu ofsuch surety bond the State Depository may deposit with the State Treasurer bonds of the United States, or of this State, or bonds of the counties or municipalities of this State which have been duly validated as provided by law as to which there has been no default in payment either of principal or interest, said bonds to be satisfactory to the State Treasurer. A State Depository may secure deposits made with it in part by a surety bond and in part by a deposit of any or all of the bonds above mentioned or by either method."
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.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 104, nays 0.
The bill having received the requisite constitutional majority was passed by substitute.
By unanimous consent, the following bill of the House was taken up for the purpose of considering the Senate amendments thereto:
By Mr. Adams of Towns-
House Bill No. 558. A bill to be entitled an Act to impose charges on those who pursue the business of operating motor vehicles on the public highways of this State, and for other purposes.
The following Senate amendments were read and agreed to:
The Committee on Highways move to amend House Bill No. 558 by adding at the end of said bill the following,
1576
JouRNAL OF THE HousE,
to be known as Section 10, and renumbering repealing clause 11:
Section 10. The said Act is further amended by adding after Subsection (e) of Section 2 thereof a subsection to be known as Subsection (f) of Section 2 as follows:
(f) Any motor carrier may, in lieu of the rates hereinbefore provided, pay the tax on the following basis and at the following rates, depending upon whether it be classed as a carrier of goods or a carrier of passengers.
"Upon each passenger-carrying vehicle a tax of 1/10 cent per mile for each mile of travel in this State for each vehicle of a capacity of seven passengers or less; _% cent per mile for each vehicle of a capacity of more than seven but not more than ten passengers; ;K cent per mile for each vehicle of a capacity of more than ten but not more than twenty passengers; 1 cent per mile for each vehicle of a capacity of more than twenty passengers.
"Upon each vehicle for the carriage of goods (a trailer being classed as a vehicle and provided that a semi-trailer, which is a twa-wheeled vehicle joined to and drawn by a tractor, together with the tractor, be considered as one motor vehicle) a tax of ~ cent per mile for each mile of travel in this State, where the combined weight of load and vehicle is less than 4,000 poun::is; 3/8 cent per mile where the combined weight of load and vehicle is four thousand pounds or more but less than six thousand pounds; one-half cent per mile where the combined weight of load and vehicle is six thousand pounds or
more, but less than ten thousand pounds; %' cent per mile
where the combined weight of load and vehicle is ten thousand pounds or more but less than twenty thousand pounds; 1_% cents per mile where the combined weight of load and vehicle is twenty thousand pounds or more.
"Provided, nevertheless, that nothing herein shall be so construed as to authorize any person to operate a vehicle
SATURDAY, AUGUST 22, 1931.
1577
upon the highways of this State where the weight of the vehicle or of the load exceeds that described by the laws of this State regulating such matters."
The Committee on Highways move to amend House Bill No. 558 by striking Section 8 thereof and substituting the following:
"Section 8. The provisions of this Act shall not be construed as imposing any additional tax on those carriers who have paid the taxes imposed under the original provisions of the Act approved March 31, 1931, taking motor vehicles, until the period for which such tax shall have been paid shall expire, and provided further, jf any motor carrier, who shall at the date of the approval of this Act be litigating the validity of the tax imposed under said Act of March 31, 1931, taxing motor vehicles, or who shall not have paid said tax as provided therein, shall before October 1, 1931, withdraw such litigation and qualify and pay the tax under the original provisions of said Motor Carriers' Taxing Act of March 31, 1931, then as to the period for which such carrier shall so have paid, he shall likewise be excepted from paying any additional tax under the provisions of this Act, as hereby amended."
The Committee on Highways move to amend House Bill No. 558 by striking therefrom Section 7 and inserting in lieu thereof the following:
"Section 7. Paragraph (L) of Section 2 of said Act approved March 31, 1931, is hereby repealed and the following paragraph is hereby inserted in lieu thereof:
"(L) When a vehicle is engaged in the carriage of both passengers and goods (other than ordinary baggage of passengers and United States mail) it shall be classed as a passenger vehicle or as a vehicle carrying goods, according to which carries the higher rate, provided, nevertheless, that passenger vehicles may carry not exceeding 500 pounds of goods in weight (other than baggage or mail) without being
1578
JouRNAL OF THE HousE,
classified as a carrier of goods and provided, further, that none of the provisions of this Act shall apply to R. F. D. carriers or star-route carriers engaged in carrying the United States Mail and who are permitted to carry passengers, not exceeding five; provided, further, that none of the provisions of this Act shall apply to carriers operating under franchise of the United States Government, and under the regulations and supervision of said United States Government and solely between any point in this State and a military reservation within this State of said Government.
The Committee on Highways moved to amend House Bill No. 558 by adding in the title of the bill, after the word, "amend" in the first line of the title, the words "and reenact as amended."
The following resolution of the House was read and adopted:
By Messrs. Leathers and Beaman of DeKalb, and others-
House Resolution No. 125. A resolution expressing love, esteem and thanks to the Chaplain of the House.
Under orders of the day, the following bills and resolutions of the Senate were taken up for consideration and read the third time:
By Messrs. West of the 11th District and McWhorter of the 50th District-
Senate Bill No. 96. A bill to be entitled an Act to prescribe conditions and regulations under which common carriers by motor are permitted to operate, and for other purposes.
Mr. Beasley ofTattnall moved the previous question.
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.
SATURDAY, AuousT 22, 1931.
1579
On the passage of the bill, the ayes were 104, nays 12.
The bill having received the requisite constitutional majority was passed.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The President has appointed as a Conference Committee on the part of the Senate to confer with a like committee on the part of the House on Senate Bill No. 31, relative to the holder of any equity, lien or interest on property that has been returned for taxes, the following Senators:
Messrs. Evans of the 19th District,
Watson of the 3rd District,
McWhorter of the 50th District.
The President has appointed as a Conference Committee on the part of the Senate to confer with a like committee on the part of the House on House Resolution No. 110, relative to the appointment of a committee from the General Assembly to investigate the A. and M. Schools of the State, the following Senators:
Messrs. Stark of the 43rd District,
Pruett of the 32nd District,
West of the 11th District.
The following resolution of the House was taken from the table and read the second time:
By Mr. Lester of Richmond-
House Resolution No. 120. A resolution that a committee of not exceeding five members of the House be appointed
1580
JouRNAL OF THE Hot;s,
by the Speaker to investigate the Public Service Commission, and for other purposes.
Mr. Lester of Richmond moved to refer House Resolution No. 120 to the Committee on the State of the Republic with instructions to report the same back to the House this evening immediately after adjournment.
On the motion of the gentleman from Richmond, Mr. Lester, Mr. McRae of Fulton moved the ayes and nays, and the call was not sustained.
The motion to commit the resolution to the Committee on the State of the Republic with instructions was lost.
The Speaker referred the resolution to the Committee on State of the Republic.
By Messrs. West of the 11th District and McWhorter of the 50th District-
Senate Bill No. 97. A bill to be entitled an Act to regulate the carriage for hire of persons and property over the highways of this State, and for other purposes.
On Senate Bill No. 97, Mr. Beasley ofTattnall moved the previous question.
The motion prevailed, and the main question was ordered.
The following amendment was read and adopted:
Mr. Davis of Mitchell move5 to amend Senate Bill No. 97 as follows:
By striking the words "except as to giving bond as prescribed in Section 5 hereof," in Section 16 thereof;
And by adding after the words in Section 16, "in which said production, manufacture, or assembling takes place," the following words: "or from the points and places herein mentioned to farm or any place of manufacture or production."
SATUllDAY, AUGUST 22, 1931.
1581
The report of the committee, which was favorable to the passage ofthe bill, was agreed to as amended.
On the passage of the bill, Mr. Skelton of Hart moved the ayes and nays, and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Mes~tts.:
Ada!Ds
Franklin
Meredith
Alexander
OUlen
Mixon
Andrews
Gra;vson
Mop
Arnold
Greer
Mundy
Ashley
Griffeth
Musgrove
Awtrey
Griffin of Decatur
Kyrklk
Barrett
Griffin of Wilkes
Nelson of Laurens
Battle
GUllatt
-ouver
Beaman
Rardin
Osteen
Bem
Harrison of Camden Pace
Beasley
Hodges
Park
Bennett of Jeff Davis Holt
Patten
Bland
Howard of Ohatt'h'chee Paulk
Brannen
Hubbard of Habersham Powell
Brunson
Huddleston
Rosser
Bunn
James
Scarbrough
Burton
Johnson of Montgomer;v ShirleJ"
Carlisle of Grady
Johnson of Pike
Simmons
cartledge
Johnson of Seminole Spivey
COchran
Johnston
Stan~n
COlson
Jones of Burke
Still
Courson
Kennedy
S~ne
COwart
KeN
Sutton
COza.rt
Lance
Swa.tn
Crowe
Lanier
Tate
Cullens
Lester
Thomas
CUlpepper of Fayette Lewis of Oordon
Tippins
David of :Floyd
Lewis of Hancock
Townsend
Davis of Jackson
Lindsay
Turner
Davis of Mitchell
Moaehee
Wan
Donaldson
McKoJ"
Weeks
Eckford
McWtorter
Westbrook
Edwards of Gilmer MaUaTd
Wood
Elliott
:Mardre
Yawn
1582
JouRNAL OF THE HousE,
Those voting in the negative were Messrs.:
Almand Arrington Atwood Bargeron Bennett of Bacon Bush Cannon Carlisle of Bibb Chalker Chambers Clements of Telfair Collier Crawford Culpepper of Echols Davis of Troup Dixon Dorsett Duncan Edwards of Stephens Evans Fagan Fraser Freeman Green Hampton Harris Harrison of Jenkins
Hawes
Pope
Home
Preston
Hubbard of Wilkinson Purdy
Hutcheson
Purvis
Hyman
R'3.bun
Jones of Lumpkin Rivers
Jones of Paulding Robertson
Killebrew
Ross of Appling
Kimbrough
Sammon
Kimsey
Seckinger
King of Clay
Sharpe
King of Newton
Sims
Lanham
Sisk
Lelthers
Skelton
Lord
Stewart
McElreath
Str .ckland of Douglas
McLeod
Strickland of Haralson
McRae
Taylor
Mattox
Trapnell
Mercer
Trotter
Montgomery
WJ.ldrop
Mooty
Walker of Brooks
Morris
Walker of Morgan
Parham
W..tlker of Screven
Peebles
Whittle
Phillips
Wilkes
Pittard
Williams
Those not voting were Messrs.:
Allen Brown Can Childs Clark Clements of Marion Dykes Edmondson
Edwards of Lowndes Gary Graham Hatcher Howard of Long Irvin Logan Maynard
Nelson of Cook Roberts Ross of Dodge Thomoson Thompson W..tlker of Ben Hill Wilson Mr. Speaker
The roll call was verified.
On the passage of the bill, the ayes were 102, nays 81.
The bill having failed to receive the requisite constitutional majority was lost.
SATURDAY, AuousT 22, 1931.
1583
The House was addressed by His Excellency, the Governor.
Mr. Strickland of Haralson moved that when the House adjourn, it stand adjourned until 8:30 o'clock ~onight, and the motion prevailed.
Mr. Lindsay of DeKalb moved that the House reconsider its action in failing to pass Senate Bill No. 97.
Mr. Leathers of DeKalb moved that the House do now adjourn.
The following report of the Committee of Conference on Senate Bill No. 92 was read and adopted:
Mr. President,
Mr. Speaker:
Your Conference Committee on Senate Bill No. 92 respectfully report that we are unable to agree and request the appointment of another Conference Committee to consider the differences between the House and the Senate.
Respectfully submitted,
Committee on the part of the Senate:
ENNIS of the 20th District, McWHoRTER of the 50th District, HARRIS of the 18th District.
Committee on the part of the House:
THOMAS of Wayne, RossER of Walker, NELSON of Laurens.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
1584
JouRNAL oF THE HousE,
Mr. Speaker:
The President has appointed as a third Conference Committee on the part of the Senate to confer with a like committee on the part of the House on Senate Bill No. 92, known as the Redistricting Bill, the following Senators:
Messrs. Ennis of the 20th District,
McWhorter of the 50th District,
Hand of the 8th District.
The Speaker appointed as a new Committee of Conference
on Senate Bill No. 92, the following members of the House,
to-wit:
Messrs. Thomas of Wayne,
Davis of Mitchell,
McGehee of Talbot.
The Conservation Committee submitted the following report:
REPORT oF CoNSERVATION CoMMITTEE TO THE SPEAKER AND MEMBERS OF THE HousE oF REPRESENTATIVES oF THE GENERAL AssEMBLY OF GEORGIA BIENNIAL SESSION, 1931:
Mr. Speaker:
The Conservation Committee begs leave to report that it has made a trip to southeast Georgia to study particularly the progress being made in reforestation in that section of the State.
Your committee is informed that authorities of the United States Forest Service have stated that commercial forestry is being practiced more successfully by private interests in that section of Georgia than anywhere in the United States.
SATURDAY, AucusT 22, 1931.
Members of the Conservation Committee were pleased to observe some of the practices which have won for this section this high commendation and to get a vision of the great possibilities of timber wealth in Georgia when the State as a whole has followed the lead of its southeastern counties.
The committee was especially impressed with methods being employed in protecting forests from fire, methods originating with the Georgia Forest Service that have attracted wide and favorable notice not only for their high degree of efficiency but for their low cost of administration. This system is founded on cooperation of land owners who form Timber Protective Organizations. These local organizations have full authority and responsibility, and are required t9 carry out forest fire control measures recommended by the Georgia Forest Service, which service gives necessary supervision and inspection to see that its plans are carried into effect.
The fire protection system thus put into effect involves the use of observation towers for detecting fires, patrolmen, fire break construction, organized crews and equipment for fighting fires.
Your committee found that the Georgia plan of timber protection is functioning with a high degree of success, that less than one per cent. of the protected area is being subjected to fire annually and that this protection is being obtained at a cost of not more than 3 to 5 cents per acre annually.
This system, your committee finds, meets the entire approval of the Federal Forest Service which annually allocates through the Georgia Forest Service funds to reimburse in part the expenses incurred by the timber owner belonging to the Timber Protective Organizations.
The Conservation Committee was strongly impressed with the natural reforestation taking place where these fire protective measures are in effect. New forest wealth is rapidly springing into existence.
1586
JouRNAL oF THE HousE,
The committee not only had opportunity to visualize great actual and potential forest wealth, but it was led to see a vision of a great new industry of paper manufacturing as portrayed by Dr. Charles Herty, noted chemist and native of Georgia, who addressed the committee and friends at Waycross. According to this eminent authority, the South not only has suitable timber for paper manufacture but more timber than any other section of the country and can grow suitable wood faster than any other section of the United States. Georgia, he claimed, is destined to be the center of paper manufacture at no distant future.
Your committee is of the opinion that every encouragement should be given to efforts being made for reforestation of cutover lands of the State and for protettiqn of forest lands from fire. It is further of the opinion that assistance should be given to developing a wood-pulp and paper industry in this State, and that nothing that is possible should be left undone to maintain the large annual income from forest products which this State has been receiving.
It is fitting in closing this report to acknowledge with pleasurable gratitude the many courtesies received by the committee on its tour of inspection: To the Georgia Forestry Association for planning the itinerary and making all necessary arrangements; to the civic clubs of the City of Waycross for their generous hospitality; to Colonel Howard Coffin of Brunswick and Colonel Houston of Darian for their entertainment, and to the several timber owners for the information and time so willingly given to the committee.
Respectfully submitted,
HowARD of Long,
Chairman Conservation Committee.
The motion of the gentleman from DeKalb, Mr. Leathers, that the House do now adjourn prevailed, and Senate Bill
SATURDAY, AuGUST 22, 1931.
1587
No. 97 went over as unfinished business of the previous session with the motion to reconsider pending.
The Speaker announced the House adjourned until tonight, at 8:30 o'clock.
NIGHT SESSION,
8:30 o'clock, P. M.
The House met again at this hour and was called to order by the Speaker.
By unanimous consent, the roll call was dispensed with.
On the motion of the gentleman from DeKalb, Mr. Lindsay, that the House reconsider its action in failing to pass Senate Bill No. 97, Mr. Taylor of Washington moved the ayes and nays, and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Andrews Awtrey Barrett Beasley Bennett of Jeff Davis Bland Brannen Brunson Bunn Cannon Carlisle of Grady Cartledge Cochran Colson Courson Cozart Crowe Culpepper of Fayette Davis of Jackson
Donaldson
Lanier
Eckford
Lester
Edwards of Gilmer
Lewis of Hancock
Elliott
Lindsay
Graham
McGehee
Greer
McRae
Griffeth
Meredith
Griffin of Decatur
Mixon
Griffin of Wilkes
Moye
Hardin
Mundy
Hawes
Musgrove
Holt
Nelson of Laurens
Howard of Chatt'h'chee Osteen
Howard of Long
Pace
Huddleston
Park
Johnson of Seminole Patten
Jones of Burke
Rivers
King of Clay
Ross of Appling
Lance
Rosser
1588
JouRNAL OF THE HousE,
Seckinger Simmons Spivey Stewart Still
Stone Sutton Swain Thomas
Thomoson T.ppins Townsend Westbrook
Those voting in the negative were Messrs.:
Adams A nold Arrington Atwood Bargeron Brown Burton Bush Carlisle of Bibb Chalker Chambers Clark Clements of Telfair Collier Crawford Cullens Culpepper of Echols Davis of Troup Dixon Dorsett Duncan Edwards of Stephens Evans Fagan Franklin Fraser Freeman Gary Green Gullatt Hampton Harris
Harrison of Jenkins Nelson of Cook
Hatcher
Oliver
Hodges
Parham
Horne
Paulk
Hubbard of HabershamPeebles
Hubbard of Wilkinson Pittard
Hutcheson
Pope
Hyman
Purdy
Johnson of MontgomeryRabun
Johnson of Pike
Roberts
Jones of Lumpkin Robertson
Jones of Paulding
Sharpe
Kennedy
Shirley
Key
Sims
Killebrew
Sisk
Kimbrough
Skelton
Kimsey
Strickland of Douglas
King of Newton
Strickland of Haralson
Lanham
Tate
Leathers
Taylor
Lewis of Gordon
Trapnell
Logan
Trotter
Lord
Waldrop
McElreath
Walker of Ben Hill
McKoy
Walker of Brooks
McLeod
Walker of Morgan
Mallard
Walker of Screven
Mattox
Wall
Mercer
Whittle
Montgomery
Wilkes
Mooty
Williams
Morris
Yawn
Those not voting were Messrs.:
Alexander Allen Almand Ashley
Battle Beaman Bean Bennett of Bacon
Cain Childs Clements of Marion Cowart
SATURDAY, AUGUST 22, 1931.
1589
Davis of Floyd Davis of Mitchell Dykes Edmondson Edwards of Lowndes Gillen Grayson Harrison of Camden Irvin James
Johnston McWhorter Mardre Maynard Myrick Phillips Powell Preston Purvis Ross of Dodge
Sammon Scarbrough Stanton Thompson Turner Weeks Wilson Wood Mr. Speaker
By unanimous consent, the verification of the roll call was dispensed with.
On the motion to reconsider, the ayes were 70, nays 96, and the motion was lost.
The Speaker called up the following resolution of the House for consideration:
By Messrs. Culpepper of Fayette and Nelson of Cook-
House Resolution No. 126. A resolution authorizing certain members and officials of the General Assembly to remain after adjournment, and for other purposes.
A RESOLUTION
Resolved, by the House of Representatives, the Senate concurring, that the Speaker of the House of Representatives and his Secretary, and the President of the Senate and his Secretary, the Clerk of the House of Representatives, and the Secretary of the Senate be and are hereby authorized to remain at the Capitol nine days after the adjournment of the General Assembly, for the purpose of affixing their official signatures to all bills and resolutions passed previously to said adjournment; and that they be allowed their per diem for said time.
Resolved, that the chairman, respectively, of the Enrollment and Auditing Committees of the House and Senate, together with three members of the Senate Enrollment
1590
JouRNAL OF THE HousE,
Committee and seven members of the House Enrollment Committee, to be designated by the chairman thereof, ~nd three members of the House Auditing Committee and two members of the Senate Auditing Committee to be designated by the chairman thereof, and the Chairman of the Huuse Engrossing Committee and seven members of the House Committee to be designated 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 seven 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 further, that the Postmistress of the House be and she is hereby authorized to remain at the Capitol five days after the adjournment of the General Assembly, for the purpose of distributing and forwarding members' 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 that they be allowed their per diem for said time.
Mr. Key of Jasper asked unanimous consent that the House adopt House Resolution No. 126, and the request was granted.
The second Committee of Conference on House Bill No. 147 submitted the following report:
Mr. President,
Mr. Speaker:
We, your Conference Committee, appointed on House Bill No. 147, known as the General Appropriation or Budget Bill, submit the following report:
SATURDAY, AuousT 22, 1931.
1591
1-The House and the Senate both recede from their position as to Senate Amendment No. 1 to Section 1, Subsection (e), relating to Emergency Appropriation.
Your committee amends said Section 1, Subsection (e), by striking therefrom the figures $200,000.00 for each of the years 1932 and 1933 and substituting in lieu thereof the figures $150,000.00 for the year 1932 and $150,000.00 for the year 1933.
2-The House agrees to Senate Amendment No. 2 to Section 1, Subsection (d), relating to the publication of Constitutional Amendments.
3-The House and Senate both recede from their position as to Senate Amendment No. 3 to Section 1, Subsection (b), relating to insurance on public property.
Your committee amends said Section 1, Subsection (b), by striking therefrom the figures S153,000.00 for the year 1932 and substituting in lieu thereof the figures $100,000.00.
Your committee also amends by adding at the end of Subsection (b) the following:
Provided, however, that all contracts for insuring public buildings of this State are recommended to be let to the lowest bidder.
4-The Senate and House both recede from their amendments to Section 2, relating to the Department of Agriculture.
5-The House agrees to Senate Amendment No. 5 relating to Section 2, Department of Agriculture, dealing with advertisements in the Market Bulletin.
6-The Senate recedes from Senate Amendment No. 5 to Section 2, Subsection (a), Division A, Part 1, relating to the Department of Agriculture.
1592
JouRNAL oF THE HousE,
7-The Senate and House both recede from their positions to Amendment No. 7, relating to the Department of Audits.
Your committee strikes said Section 6, in its entirety, and substitutes in lieu thereof the following to be known as Section 6:
SECTION 6. AUDITS, DEPARTMENT OF
(a) Maintenance ........... $ 60,000.00 $ 60,000.00
Provided, that the above sum appropriated shall be expended at the discretion of the State Auditor for carrying out the duties of the Department of Audits together with the former duties of the auditing department of. the Department of Education, which duties have been transferred to the Department of Audits.
Provided, further, that from the above appropriation there shall be paid the salary of the State Auditor as fixed by law, Acts 1925, Page 256; and the salaries of all other employees in such amounts as shall be fixed by the State Auditor.
8-The Senate recedes from its position as to Senate Amendment No. 8, relating to the Department of Audits.
SATURDAY, AuousT 22, 1931.
1593
9-The House agrees to Senate Amendment No.9 relating to Section 7, the salary of the Superintendent of Banks.
1o-The Senate recedes from its position as to Senate
Amendment No. 10 to Section 12, Subsection (e), relating to the Department of Comptroller-General.
.11-The House and Senate both recede from their position as to Senate Amendment No. 11 to Section 15, relating to the Department of Education.
Your committee amends said Section 15, Subsection (a), by striking therefrom the figures $170,000.00 for each of the years 1932 and 1933 and substituting therefor the figures $160,000.00 for each of the years 1932 and 1933.
12-The Senate recedes from its position as to Senate Amehdment No. 12 to Section 15, Subsection (b), relating to the auditing department of the Department of Education.
13-The House and Senate both recede from their position as to Senate Amendment No. 13 to Section 15, relating to the Department of Education. Your committee amends said Section 15, I tern B, by striking therefrom the figures $4,433,500.00 for the year 1932 and the figures $4,406,000.00 for the year 1933 and substituting in lieu thereof the figures $4,487,250.00 for the year 1932 and the figures $4,441,000.00 for the year 1933.
14-The Senate recedes from its position as to Senate Amendment No. 14 to Section 15, Item B, relating to the appropriation for holding teachers' institutes.
15-The Senate recedes from its position as to Senate Amendment No. 15 to Section 16, Item A, Department of Vocational Education.
16-The House agrees to Senate Amendment No. 16 to Section 18, Item A, Forestry Department.
1594
JOURNAL OF THE HousE,
Your committee adds to said section the following
prOVISO:
Provided, that the Board of Forestry may expend from this appropriation or from any other funds coming into its hands $20,000.00 or so much thereof as may be necessary to secure donations for the purpose of developing the paper pulp industry in this State.
17-The Senate recedes from its position as to Senate Amendment No. 17 to Section 18, relating to the Forestry Department.
18-The Senate recedes from its position as to Senate Amendment No. 18 to Section 19, relating to the Department of Game and Fish.
19-The Senate recedes from its position as to Senate Amendment No. 19 to Section 23, relating to the Department of Horticulture and Entomology.
20-The House agrees to Senate Amendment No. 20 to Section 25, fixing the salary of the State Librarian.
21-The Senate recedes from its position as to Senate Amendment No. 21 relating to the State Library.
22-The House agrees to Senate Amendment No. 27, Subsection (a), of Division A, Part 1, relating to the Military Department.
23-The Senate recedes from its position as to Senate Amendment No. 23 to Section 38, relating to the appropriations to Public Buildings and Grounds.
24-The Senate recedes from its position as to Senate Amendment No. 24 to Section 42, Part 1, Division A, relating to the Department of Revenue.
25-The Senate recedes from its position as to Senate Amendment No. 25 to Section 44, Subsection (a), relating to the salary of the Secretary of State.
SATURDAY, AucusT 22, 1931.
1595
Your committee amends House Bill No. 147 by striking therefrom Section 44, in its entirety and substituting in lieu thereof a new Section 44 to read as follows:
SECTION 44. SECRETARY OF STATE, DEPARTMENT OF
(a) Maintenance ........... S 25,000.00 $ 25,000.00
Fordefrayingtheexpenses incurred in the operations of the offices of Secretary of State and Corporation Commisswner.
(b) Maintenance ........... 125,000.00 125,000.Co
Fordefraying theexpenses incurred in the operations of the office of Motor Vehicles Commisswner.
Provided,further, that the official administering the Motor Vehicle Tax Laws is hereby authorized and directed to pay into the General Fund of the
State Treasury 5% of
the total net collections derived from the Motor Vehicle Act which expense of collection is provided for by the above appropriation.
26-The Senate and House both recede from their position as to Senate Amendment 26 to Section 46, Item A, relating to the Department of State Tax Commission.
1596
JouRNAL OF THE HousE,
Your committee amends said Section 46, I tern A by striking therefrom the figures $85,500.00 for each of the years 1932 and 1933 and substituting in lieu thereof the figures $77,500.00 for the year 1932 and $77,500.00 for the year 1933.
27-The Senate recedes from its position as to Senate Amendment No. 27 to Section 46, relating to the salary of the State Tax Commissioner.
28-The House agrees to Senate AmendmentNo.28toSectio.n 47, Item (b-2) relating to interest on temporary loans.
29-The Senate recedes from its position as to Senate Amendment No. 29 to Section 50, relating to the Milledgeville State Hospital.
Your committee amends said Section 50, I tern A, by adding thereto the following proviso:
Provided, that if the above amount is insufficient for the maintenance of said State Hospital, the Governor is hereby authorized and directed, as a preference, to allocate an additional sum not to exceed $100,000.00 for each of the years 1932 and 193:1 from the emergency appropriation contained in Section 1, Item E, of this Act.
30-The House and Senate both recede from their position as to Senate Amendment No. 30 to Section 52, relating to the State Tuberculosis Sanatorium. Your committee adds the following proviso in lieu of the Senate proviso to said Section 52:
Provided, further, that out of the above amount appropriated there may be purchased lands and buildings, the cost of which is not to exceed $6,000.00.
31-The Senate recedes from Senate Amendment No. 31 relating to an additional appropriation at the State Tuberculosis Sanatorium at Alto.
SATURDAY, AUGUST 22, 1931.
1597
32-The Senate recedes from its position as to Senate Amendment No. 32 to Section 44, relating to the salary of the Secretary of State.
33-The House agrees to Senate Amendment No. 33 to Section 57, Item A, Prison Farm.
34-The House and Senate both recede from their positions as to Senate Amendment No. 34, Section 67, relating to the Fourth District A. & M. School at Carrollton.
Your committee amends said Section 67, by striking therefrom the figures 815,000.00 for the year 1932 and the figures $15,000.00 for the year 1933 and-substituting in lieu thereof the figures S17,500.00 for the year 1932 and $15,000.00 for the year 1933.
35-The House and Senate both recede from their position as to Senate Amendment No. 35 to Section 68 relating to the Georgia Vocational and Trades School at Monroe.
Your committee amends said Section 68 by striking therefrom the figures $15,000.00 for the year 1932 and 815,000.00 for the year 1933 and substituting in lieu thereof the figures $22,500.00 for the year 1932 and $20,000.00 for the year 1933.
36-The House and Senate both recede from their position as to Senate Amendment No. 36 to Section 69 relating to the Georgia Industrial College at Barnesville.
Your committee amends said Section 69 by striking therefrom the figures $15,000.00 for the year 1932 and $15,000.00 for the year 1933 and substituting in lieu thereof the figures $22,500.00 for the year 1932 and $20,000.00 for the year 1933.
37-The House and Senate both recede from their positions as to Senate Amendment No. 37 to Section 70, relating to the Seventh District A. & M. School at Powder Springs.
1598
JouRNAL oF THE HousE,
Your committee amends said Section 70 by striking therefrom the figures $15,000.00 for the year 1932 and $15,000.00 for the year 1933 and substituting in lieu thereof the figures S17,500.00 for the year 1932 and the figures $15,000.00 for the year 1933.
38-The House and Senate both recede from their position as to Senate Amendment No. 38 to Section 71, relating to the Eighth District A. & M. School at Madison.
Your committee amends said Section 71 by striking therefrom the figures $15,000.00 for the year 1932 and $15,000.00 for the year 1933 and substituting in lieu thereof the figures $17,500.00 for the year 1932 and $15,000.00 for the year 1933.
39-The House and Senate both recede from their position as to Senate Amendment No. 39 to Section 72, relating to the Ninth District A. & M. School at Clarkesville.
Your committee amends said Section 72, by striking therefrom the figures $15,000.00 for the year 1932 and $15,000.00 for the year 1933 and substituting in lieu thereof the figures $17,500.00 for the year 1932 and
S15,000.00 for the year 1933.
40-The House and Senate both recede from their position as to Senate Amendment No. 40 to Section 73 relating to the Tenth District A. & M. School at Granite Hill.
Your committee amends said Section 73 by striking therefrom the figures $15,000.00 for each of the years 1932 and 1933 and substituting in lieu thereof the figures S10,000.00 for the year 1932.
41-The Senate recedes from its position as to Senate Amendment No. 41 to Section 76, relating to Bowdon State Normal and Industrial College at Bowdon.
42-The Senate recedes from its position as to Senate Amendment No. 42 to Section 80, Item A, relating to the Medical College at Augusta.
SATURDAY, AUGUST 22, 1931.
1599
43-The Senate recedes from its position as to Senate Amendment No. 43 to Section 85, relating to Georgia Military College at Milledgeville.
Your committee amends House Bill No. 147 by striking therefrom Section 85 in its entirety.
44-The Senate recedes from its position as to Senate Amendment No. 44 to Part 1, Division F, Section 89, Subsection (a), relating to the expenses of committees visiting chain-gangs in this State.
45-The House and Senate both recede from their positions as to Senate Amendment No. 45 to Part 2, Section 4, Item A, relating to Vocational Education.
Your committee amends said Section 4 by striking therefrom the figures $57,500.00 and substituting in lieu thereof the figures S60,000.00.
46-The House and Senate both recede from their position as to Senate Amendment No. 46 to Part 2, Section 5, Item A, relating to the Smith-Lever Fund.
Your committee amends said Section 5, I tern A, by striking therefrom the figures $73,500.00 and substituting in lieu thereof the figures S76,000.00.
47-The Senate recedes from its position as to Senate Amendment No. 47 to Part 2, Section 6, Item A, relating to Prison Farm.
48-The House agrees to Senate Amendment No.48adding a new section to be known as Section 8.
Your committee amends said Senate Amendment No' 48, Section 8, Part 2, by adding thereto the following provtso:
Provided, further, that the appropriations made in this Act, except the appropriations made to the Legislative and Judicial Departments of the State; for the payment of the public debt and
1600
JouRNAL OF THE HousE,
interest thereof; and for the payments to the various counties of the State to be used exclusively for the maintenance and construction of public roads, shall not be directly disbursed by the State Treasurer to any obligee of the State Departments, Boards, Commissions, Bureaus, Institutions and Educational Interests of the State, but shall be disbursed upon the receipt of an executive warrant in a lump sum to the official or officials of said Departments, Boards, Commissions, Bureaus, Institutions and Educational Interests of the State who are designated to receive and disburse or to control the receipts and disbursements of funds, who will in turn make the payments which are due the obligees of the State.
49-The House and Senate both recede from their position as to Senate Amendment No. 49 to Division C, Section 60, Item A, relating to the Georgia Experiment Station at Griffin.
Your committee amends said Section 60, by striking therefrom the figures S12,500.00 for each of the years 1932 and 1933 and substituting in lieu thereof the figures $15,000.00 for each of the years 1932 and 1933.
5Q--Your committee amends House Bill No. 147, Section 89, Paragraph 12 by striking therefrom the sum of $5,000.00 and substituting in lieu the sum of S7,500.00 with the following proviso:
Provided, however, that the sum of S3,500.00 of said sum of $7,500.00 be immediately available for the payment of printing, stationery and incidental expenses of the General Assembly for the regular session of the year 1931.
51-Your committee further amends House Bill )J"o. 1-17, Section 89, Paragraph 13, by striking therefrom the
SATURDAY, AucusT 22, 1931.
1601
figures $5,000.00 and substituting in lieu thereof the figures $6,500.00 and adds the following proviso:
Provided, however, that the sum of $1,500.00 or so much as may be necessary of said $6,500.00 be immediately available to pay the expenses of committees already incurred during the regular session of 1931 of the General Assembly.
Respectfully submitted,
Committee on the part of the Senate:
CHEATHAM of the 26th District, DucKwoRTH of the 7th District, HARRIS of the 18th District.
Committee on the part of the House:
CuLPEPPER of Fayette, RIVERS of Wheeler, FAGAN of Peach.
Mr. Crowe of Worth moved that the House disagree to the report of the Conference Committee on House Bill No. 147.
On the motion to disagree to the report, Mr. Gullatt of Campbell moved the previous question.
Mr. Jones of Burke moved that the House agree to the report of the Conference Committee on House. Bill No. 147, and the motion was lost.
Mr. McRae of Fulton moved that the Speaker appoint a third Committee of Conference on House Bill No. 147, and the motion prevailed.
The Speaker appointed as a Third Committee of Conference on House Bill No. 147 on the part of the House the following members of the House, to-wit:
1602
JouRNAL OF THE HousE,
Messrs. Culpepper of Fayette, Crowe of Worth, Duncan of Houston.
Mr. Stanton of Ware asked unanimous consent that the House take up the following bill of the House for the purpose of considering the Senate amendment thereto, and the request was granted:
By Mr. Stanton of Ware-
House Bill No. 9. A bill to be entitled an Act to amend an Act relative to the practice of professional nursing in Georgia, and for other purposes.
The following Senate amendment was read and agreed to:
Mr. Harris of the 18th District moves to strike from Section 2 of House Bill No. 9 the following: "Before February 1, 1932," and insert in lieu thereof the following: "Before September 5, 1931."
The Committee on Conference on Senate Bill No. 31 submitted the following report:
To the President of the Senate and
To the Speaker of the House of the General Assemb~y of Georgia:
Your Conference Committee has had under consideration Senate Bill No. 31 and the amendments of the House thereto, and reports as follows:
Your committee has unanimously agreed on a compromise substitute bill which is attached to this report, and which your committee recommends be adopted.
Your committee recommends that the House recede from its amendment, offered by Messrs. Stone of Early and Carlisle ofBibb, to which the Senate disagreed;which said amendment
SATURDAY, AUGUST 22, 1931.
1603
affected Section No. 1 of said bill; and that the Senate recede from its position as to certain provisions of said Section No. 1, as your Conference Committee has agreed upon a compromise as to said section, the terms of which are incorporated in the substitute bill hereby submitted by your Conference Committee for adoption.
In order to clarify the parts of bill as amended and approved by both the House and Senate, it has been deemed advisable to draw and submit said Conference Committee Substitute which embraces all the provisions of the original bill and amendment, as approved by the House and Senate, and also the provisions of your committee's compromise agreement; and
We respectfully ask the adoption of this report and said subs ti tu te bill.
Committee on behalf of the Senate:
WATSON of the 3rd District, EvANS of the 19th District, McWHORTER of the 50th District.
Committee on behalf of the House:
SToNE of Early, TRAPNELL of Candler, CARLISLE of Bibb.
Conference Committee Substitute for Senate Bill No. 31.
A BILL
To be entitled an Act to amend Section 1140 of the Civil Code of 1910 so as to allow the owner or the holder of any equity, lien or interest in or on property that has been returned or assessed with other property for taxes, to pay the taxes assessed against such property, to secure a release of same from such lien for taxes; to require the official charged with the collection of taxes or the trans-
1604
JouRNAL oF THE HousE,
fereee of such lien to accept payment and execute a release of said property from said lien and to provide a fee for such service, 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 on and after the passage of this Act, Section 1140 of the Civil Code of Georgia of the year, 1910, be and the same is hereby amended by adding to the end of said Section No. 1140, which said section now reads as follows: "Taxes shall be paid before any other debt, lien or claim whatsoever, and the property returned or held at the time of giving in, or after, is always subject," certain words and provisions so that said section, when so amended, shall read as follows:
"Taxes shall be paid before any other debt, lien or claim whatsoever, and the property returned or held at the time of giving in, or after, is always subject; provided, however, that the owner, or the holder of any equity, lien or interest in or on the property that has been returned or assessed with other property for taxes shall be allowed to pay the taxes assessed against any one or more pieces of the property of which he is the owner or the holder of an interest or equity therein or lien thereon, (a) when listed separately by the owner or assessor on the tax return or digest, according to the valuation shown by said return or assessment, (b) when not listed separately on the tax return or digest by the owner or assessor, by paying the proportionate part of the taxes represented by such property according to the valuation in the return or assessment, that is to say, such proportionate part of all of such taxes represented by such return or assessment as the value of such separate piece of property (upon which payment is being made) bears to all of the said property in such return or assessment.
"The officials charged with the collection of taxes for this State or for any subdivision of this State (including municipalities and all other subdivisions of the State and
SATURDAY, AucusT 22, 1931.
1605
counties) and/or any transferee of said tax lien shall be required to accept payment of said taxes when tender is made as provided herein, shall issue a receipt showing such payment and shall execute a release of said property from such lien for taxes, and the official or transferee accepting said payment and releasing said property under this Act shall be paid a fee of fifty cents for issuing said receipt and release."
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.
Mr. Carlisle of Bibb asked unanimous consent that the report be adopted, and there was objection.
Mr. Carlisle of Bibb moved that the House adopt the report of the Committee of Conference on Senate Bill No. 31.
On the motion to adopt the report, Mr. Huddleston of Meriwether moved the previous question.
The motion prevailed, and the main question was ordered.
The report of the Committee of Conference on Senate Bill No. 31 was adopted.
The Committee of Conference on House Resolution No. 110 submitted the following report:
Mr. President,
Mr. Speaker:
Your Committee of Conference appointed to consider House Resolution No. 110, being a resolution to authorize the appointment of a committee from the General Assembly to investigate the merits of the several A. & M. schools, recommends that the House and Senate agree to the
1606
JOURNAL OF THE HousE,
substitute offered by your Conference Committee to House Resolution No. 110.
Respectfully submitted,
Committee on the part of the Senate:
STARK of the 43rd District, PRUETT of the 32nd District, WEST of the 11th District.
Committee on the part of the House:
JAMES of Jones, BLAND of Stewart, MARDRE of Thomas.
The Conference Committee moves to substitute House Resolution No. 110 as follows:
Whereas, there has been considerable agitation during the past few years relative to the work done by the University of Georgia and its branches in the rna tter of duplication; and,
Whereas, there has been considerable agitation over the abolishment of the several A. & M. schools in said University System, and said matter having consumed considerable time of the General Assembly; and,
Whereas, said General Assembly not having sufficient information to properly consider the merits or demerits of these various institutions;
Therefore, be it resolved, That a committee of five members from the House and three members from the Senate be appointed by the Speaker of the House and President of the Senate, respectively, to make a thorough investigation and report their findings at the next regular session of the General Assembly of Georgia.
Be it further resolved by the authority aforesaid, that to assist said committee in its survey in arriving at proper
SATURDAY, AUGUST 22, 1931.
1607
findings, the Governor be requested to secure the co-operation and assistance of the National Commissioner of Education, the General Education Board, or any other educational foundation or agency, which is Nation wide in scope, provided the aid and assistance of such experts may be procured without any expense to the State.
Mr. James of Jones moved that the House adopt the report.
On the motion to adopt, Mr. Cowart of Calhoun moved the previous question.
The motion prevailed, and the main question was ordered.
The report of the Committee of Conference on House Resolution No. 110 was adopted.
The following resolution of the House was read:
By Messrs. Wall of Putnam, Stewart of Coffee, Hutcheson ofWalker, and others-
House Resolution No. 127. A resolution requesting the Governor to convene the Legislature in extra ordinary session for the purpose of enacting legislation for the benefit of the cotton situation.
On House Resolution No. 127, Mr. King of Clay moved the previous question.
The motion for the previous question prevailed, and the main question was ordered.
On the adoption of the resolution, Mr. Battle of Muscogee moved the ayes and nays, and the call was sustained.
Mr. Kennedy of Lamar moved that the House reconsider its action in ordering the main question.
On the motion to reconsider, the ayes were 40, nays 76, and the motion was lost.
1608
JouRNAL oF THE HousE,
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Andrews Arnold Arrington Atwood Bargeron Bennett of Jeff Davis Brannen Brown Brunson Chalker Clements of Marion Clements of Telfair Collier Culpepper of Echols Dixon Edwards of Gilmer Edwards of Stephens Elliott Franklin Freeman Graham
Green
Mundy
Griffeth
Oliver
Griffin of Wilkes
Park
Hampton
Paulk
Harrison of Camden Phillips
Harrison of Jenkins Pittard
Hodges
Powell
Holt
Preston
Horne
Rabun
Hubbard of Wilkinson Roberts
Hutcheson
Sims
Irvin
Skelton
Jones of Burke
Stewart
Jones of Paulding
Sutton
Killebrew
Taylor
McRae
Townsend
Mallard
Walker of Ben Hill
Mattox
Walker of Screven
Mercer
Wall
Montgomery
Yawn
Those voting in the negative were Messrs.:
Adams Alexander Almand Ashley Awtrey Battle Beaman Beasley Bland Bunn Burton Cannon Carlisle of Bibb Carlisle of Grady Cartledge Clark Cochran Colson Cowart
Cozart Crawford Cullens Davis of Floyd Davis of Jackson Davis of Troup Donaldson Dorsett Eckford Evans Fagan Fraser Gary Gillen Greer Griffin of Decatur Gullatt Hardin Harris
Hatcher Hawes Howard of Chatt'h'chee Howard of Long Hubbard of Habersham Huddleston Hyman James Johnson of Montgomery Johnson of Pike Johnson of Seminole Johnston Jones of Lumpkin Kennedy Key King of Clay King of Newton Lance Lanham
SATURDAY, AuousT 22, 1931.
1609
Lanier Leathers Lewis of Gordon Lew s of Hancock Lindsay Lo.gan McGehee McKoy McLeod McWhorter Mardre Meredith Mixon Mooty Morris Musgrove
Nelson of Cook Nelson of Laurens Osteen Pace Parham Patten Peebles Pope Purdy Purvis Rivers Sammon Sharpe Simmons Stanton
Stone Strickland of Douglas Swain Tate Thomas Thompson Tippins Trapnell Trotter Waldrop Walker of Brooks Walker of Morgan Westbrook Whittle Wood
Those not voting were Messrs.:
Allen Barrett Bean Bennett of Bacon Bush Cain Ohambers Childs Oourson Crowe CUlpepper of Fayette Davis of Mitchell Duncan Dykes Edmondson
Edwards of Lowndes Grayson Kimbrough Kimsey Lester Lord McElreath Maynard Moye
Mntck Robertson Ross of Appling Ross of Dodge Rosser
Scarbrough Seckinger
Shirl~
Sisk Spivey Still Strtckle:nd of Haralson Thomoson Turner Weeks Wilkes Willlams Wilson Mr. Speaker
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 61, nays 103, and the resolution was lost.
By unanimous consent, the following bill of the Senate was taken up for consideration and read the third time:
1610
JouRNAL OF THE HousE,
By Messrs. Reagan of the 35th District and Weekes of the 34th District-
Senate Bill No. 137. A bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, and for other purposes.
The following amendment was read and adopted:
House Amendment to Senate Bill No. 137.
Mr. McRae of Fulton and others amends Senate Bill No. 137 by adding at the end of Section 5 the following words:
"Provided, however, that this bill shall not become effective or operative as an Act, until the same has been approved by the qualified voters of the City of Atlanta at an election to be held for that purpose, at such time and place as the Mayor and General Council rnay designate which shall be within ninety days from the passage of this bill. The City Clerk of Atlanta shall prepare suitable ballots to be used in said election, and shall cause to be printed thereon in capital letters the words "For increase in water rates" and the words "Against increase in water rates." Voters shall mark out the proposition they desire to vote against and leave the proposition they desire to vote for on the ballot. If a majority of those voting at said election shall vote "For increase in water rates" the Mayor and General Council may increase the water rates for the period of time set out herein. If a majority of those voting at said election shall vote "Against increase in water rates," this bill shall not become effective as an Act, and the restriction of the charge for water and water service, as now fixed by the City Charter, shall continue in full force and effect.
Mr. Lindsay of DeKalb asked unanimous consent that the report of the committee which was favorable to the passage of the bill be agreed to as amended, and the request was granted.
SATURDAY, AuGusT 22, 1931.
1611
On the passage of the bill as amended, the ayes were 125, nays 0.
The bill having received the requisite constitutional majority was passed as amended.
Mr. Kennedy of Lamar moved that the House recess for five minutes and instruct the Rules Committee to place Senate Bill No. 27 as the next order of business for consideration by the House.
Mr. Strickland of Haralson moved that the House recess until the report of the Committee of Conference on House Bill No. 147 was ready for submission to the House.
On the motion of the gentleman from Lamar, Mr. Kennedy, Mr. Gullatt of Campbell moved the previous question.
The motion prevailed, and the main question was ordered_
On the motion that the House recess for five minutes and instruct the Rules Committee to place Senate Bill No. 27 as the next order of business, Mr. Kennedy of Lamar moved the ayes and nays, and the call was not sustained.
On the motion of the gentlemen from Lamar, Mr. Kennedy, the ayes were 16, nays 97, and the motion was lost.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the House substitute to the
following bill of the Senate, to-wit:
..
By Mr. Neisler of the 23rd District-
Senate Bill No. 160. A bill to amend the civil code relating to the security to be given by State depositories so as to authorize the deposit of validated county and municipal bonds.
1612
JouRNAL oF THE HousE,
The Senate has also adopted the House substitute to the following bill of the Senate, to-wit:
By Mr. Weekes of the 34th District-
Senate Bill No. 123. To amend an Act providing for a new charter for the Town of Decatur.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House amendment to the following bill of the Senate, to-wit:
By Messrs. Reagan of the 35th District and Weekes of the 34th District-
Senate Bill No. 137. A bill to amend the charter of the City of Atlanta relative to an increase in water rates.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof.
Mr. Speaker:
The Senate has disagreed to the report of the Conference Committee No. 2 on the following bill of the House, to-wit:
By Mr. Culpepper of Fayette-
House Bill No. 147. A bill known as the General Appropriations Bill.
The President has appoin-ted as a new Conference Committee on the part of the Senate, the following Senators:
Messrs. Dekle of the 6th District, Hand of the 8th District, Fowler of the 39th District.
SATURDAY, AucusT 22, 1931.
1613
The Senate has adopted as amended the following resolution of the House, to-wit:
By Messrs. Culpepper of Fayette and Nelson of Cook-
House Resolution No. 126. A resolution authorizing certain members and officials of the General Assembly to remain after the regular session.
By unanimous consent, the following resolution of the House was taken up for the purpose of considering the Senate amendment thereto:
By Messrs. Tucker of Berrien, Culpepper of Fayette, and Nelson of Cook-
House Resolution No. 126. A resolution authorizing certain members and officials of the General Assembly to remain after the regular session.
The following Senate amendment was read and agreed to:
Mr. Puett of the Engrossing Committee moves to amend House Resolution No. 126 in "line 7 of paragraph 2 by striking the figure 2 and inserting in lieu thereof the figure 4, so that the resolution will provide for the Chairman of the Senate Engrossing Committee and 4 members to remain over.
And to strike out the word seven in line 9 of the second paragraph and substitute the word nine so as to conform with the first paragraph and line 4 thereof.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker: The Senate has adopted the report of the Conference
Committee on the following bill of the Senate, to-wit:
1614
JouRNAL oF THE HousE,
By Messrs. Dekle of the 6th District and Moore of the 47th D.strict-
Senate Bill No. 31. A bill to amend the code to allow the owner or holder of any equity, lien or interest in or on property that has been returned or assessed with other property for taxation; to pay the taxes assessed against such property, to secure a release of same from such lien for taxes.
The Senate has adopted the report of the Conference Committee on the following resolution of the House, to-wit:
By Mr. James of Jones and others-
House Resolution No. 110. A resolution authorizing the appointment of a Committee from the General Assembly to investigate the merits of the several A. & M. Schools of this State, and for other purposes.
The Speaker appointed as a committee on the part of the House under the provisions of House Resolution No. 110, the following members of the House, to-wit:
Messrs. Bland of Stewart,
James of Jones, Mardre of Thomas,
Adams of Towns,
Lindsay of DeKalb.
The Speaker appointed as a Committee on the part of the House under the provisions of House Resolution No. 100, the following members of the House, to-wit:
Messrs. Davis of Floyd,
Mixon of Irwin,
Hubbard of Habersham.
SATURDAY, AUGUST 22, 1931.
1615
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the report of the Conference Committee on the following bill of the Senate, to-wit:
By Messrs. Bennett of the 5th District and Davis of the 31st District-
Senate Bill No. 92. Known as the Congressional Redistricting Bill.
The third Committee of Conference on Senate Bill No. 92 submitted the following report:
Mr. President,
Mr. Speaker:
Your Conference Committee to consider the differences between the House and Senate on Senate Bill No. 92, known as the Congressional Re-Apportionment bill in which there i in dispute sixteen counties have agreed as follows, to-wit:
1. The Senate agrees to the House Amendments placing
Morgan, Green, Taliaferro, and Warren Counties in the
Tenth Congressional District and to the House Amend-
ments placing Glascock, Jefferson, Jasper, and'Crawford
Counties in the 6th Congressional District.
.
j
2. The Senate agrees to the House Amendmnt placing
Franklin County in the lOth Congressional District.
3. The Senate agrees to the House Amendment placing
Talbot County in the 4th Congressional District.
t
4. The Senate agrees to the House Amendment placing
Telfair County in the 8th Congressional District and to the
1616
JouRNAL OF 7HE HousE,
House Amendment placing Ben Hill County m the 3rd Congressional District.
5. The Senate agrees to the House Amendment placing Rockdale County in the 5th Congressional District.
6. The House recedes from its amendment placing Harris County in the 4th Congressional District and the Committee amends Section 2 of said bill by placing Harris County in the 3rd Congressional District.
7. The House recedes from its position on the House Amendment placing Peach and Houston Counties in the 6th Congressional District and amends section 2 of said bill by placing Peach and Houston Counties in the 3rd Congressional District.
Respectfully submitted,
'On the Part of the Senate:
ENNIS of the 20th District, McWHORTER of the 50th District, HARRIS of the 18th District,
On the Part of the House:
THoMAS of Wayne, DAVIS of Mitchell, McGEHEE of Talbot.
Mr. Westbrook of Dougherty moved that the House agree to the report of the Committee of Conference on Senate Bill No. 92.
Mr. Nelson of Laurens moved that the House disagree to the report of the Committee of Conference on Senate Bill No. 92.
On the motion to agree, Mr. Beaman of DeKalb moved the previous question.
The motion prevailed, and the main question was ordered.
SATURDAY, AucusT 22, 1931.
1617
On the motion to agree, Mr. Nelson of Laurens moved the ayes and nays, and the call was not sustained.
On the motion that the House agree to the report of the
o: Committee Conference on Senate Bill No. 92, the ayes
were 112, nays 16, and the motion prevailed.
The third Committee of Conference on House Bill No; 147 submitted the following report:
Mr. President,
Mr. Speaker:
We, your Conference Committee, appointed on House Bill No. 147, known as the General Appropriation or Budget Bill, submit the following report:
1-The House and Senate both recede from their position as to Senate Amendment No. 1, Section 1, Subsection (e), relating to Emergency Appropriation.
Your committee amends said Section 1, Subsection (e), by striking therefrom the figures $200,000.00 for each of the years 1932 and 1933 and substituting in lieu thereof the figures $150,000.00 for the year 1932 and $150,000.00 for the year 1933.
2-The House agrees to Senate Amendment No. 2, Section 1, Subsection (d), relating to the publication of Constitutional Amendments.
3-The House and Senate both recede from their position as to Senate Amendment No. 3, Section 1, Subsection (b), relating to insurance on public property. Your committee amends Section 1, Subsection (b) by striking therefrom the figures $153,000.00 for the year 1932 and substituting in lieu thereof the figures $113,000.00.
4-The Senate and House both recede from their position as to Senate Amendment No. 4, relating to Sec-
1618
JOUl\liAL OF THE HoUSE,
tion 2, Department of Agriculture and substitute a
new section for Section 2 to read as follows:
. ~.t>.,.
SECTION 2. AGRICULTURE, DEPARTMENT OF ""'
(a} Maintenance .......... $300,000.00 )300,000.00
Provided, that from the above amount appropriated, to-wit, $300,000.00 for each of the years 1932 and 1933, or so much thereof as may be necessary, there shall be expended sums sufficient to carry out the duties of the department such as administration, collection of agriculture statistics, administration of pure food and drug Acts, chemical laboratory, fertilizer insp.ection, feed inspection, fruit inspection and the operation of die Bureau of Markets;
Provided,however,thatno more than $25,000.00 be allocated to the publication and distribution of the Market Bulletin and provided, further, that nothing except Matket Bulletin quotations and bona fide listings of market products offered for sale shall be published in the Market Bulletin.
SATURDAY, AuousT 22, 1931.
Andprovidedfurther,that $75,000.00 of this appropriation be allocated to the State Veterinarian for the control of contagious, infectious and communicable livestock diseases, such as tuberculosis, hog cholera, hemorrahagic septicemia, black leg, rabies and other communicable live-stock diseases and to prevent the re-infestation of Georgia with the cattle-fever tick from the tick infested areas of Florida and Alabama by maintaining an effective quarantine patrol on the border, and for the enforcement of dairy meat and milk inspection law.
Andprovidedfurther, that if at any time the Market Bulletin is used for printing and publishing any matter, whether editorially or otherwise, save and except strictly advertisements for sale or exchange for the farmers of the State of farm products, the Governor is hereby authorized and directed to refuse to sign any warrant for the pay-
1619
1620
JouRNAL OF THE HousE,
ment of the publication or circulation of said Market Bulletin and same shall thereupon and thereafter cease to be published or Circulated.
5-The Senate recedes from its position as to Senate Amendment No. 5, Section 2, relating to the Department of Agr.icul ture.
6-The Senate recedes from its position as to Senate Amendment No. 6, relating to Section 2, Department of Agriculture.
7-The Senate and House both recede from their position as to Senate Amendment No. 7 relating to Section 6, Department of Audits and substitute the following for Section 6:
SECTION 6. AUDITS, DEPARTMENT OF
(a) Maintenance ........... $ 60,000.00 $ 60,000.00
Provided, that the above sum appropriated shall be expended at the discretion of the State Auditor for carrying out the duties of the Department of Audits together with the former duties of the auditing department of the Department of Education, which duties have been transferred to the Department of Audits.
SATURDAY, AuousT 22, 1931.
1621
Prov~ded further, that from the above appropriation there shall be paid the salary of the State Auditor as fixed by law, Acts 1925, page 256; an::l. the salaries of all other employees in such amounts as shall be fixed by the State Auditor.
8-The Senate recedes from its positiOn as to Senate Amendment No. 8, relating to the Department of Audits.
9--The House agrees to Senate Am~ndment No.9, relating to Section 7, the salary of the Superintendent of Banks.
10-The Senate recedes from its position as to Senate Amendment No. 10, Section 12, Subsection (a), relating to the Department of the Comptroller-General.
11-The House and Senate both recede from their position as to Senate Amendment No. 11 to Section 15, relating to the Department of Education.
Your committee amends said Section 15, Subsection (a), by striking therefrom the figures $170,000.00 for each of the years 1932 and 1933 and substituting therefor the figures $160,000.00 for each of the years 1932 and 1933.
12-The Senate recedes from its position as to Senate Amendment No. 12, Section 15, Subsection (b), relating to the auditing department of the Department of Education.
13-The House and Senate both recede from their position as to Senate Amendment No. 13 to Section 15, relating to the Department of Education.
1622
JouRNAL OF THE HousE,
Your committee amends said Section 15, Item B, by
striking therefrom the figures $4,433,500.00 for the year 1932 and the figures $4,406,000.00 for the year 1933, and substituting in lieu thereof the figures $4,411,250.00 for the year 1932 and the figures $4,381,250.00 for the year 1933.
14-The Senate recedes from its position as to Senate Amendment No. 14, to Section 15, Item B, relating to the appropriation for holding teachers' institutes.
15-The Senate recedes from its position as to Senate Amendment No. 15 to Section 16, Item A, Department of Vocational Education.
16-The House agrees to Senate Amendment No. 16 to Section 18, Item A, Forestry Department.
Your committee amends said Section 18, Item A, by adding thereto the following proviso:
Provided, that in addition to the above appropriation an additional sum is hereby appropriated of $20,000.00 for the year 1932 and $20,000.00 for the year 1933 for the purpose of developing the paper pulp industry in this State> provided that the sum of $50,000.00 is donated from other sources to match the same.
17-The Senate recedes from its position as to Senate Amendment No. 17 to Section 18, relating to the Forestry Department.
18-The Senate recedes from its pos1t10n as to Senate Amendment No. 18 to Section 19, relating to the Department of Game and Fish.
19-The Senate recedes from its position as to Senate Amendment No. 19 to Section 23, relating to the Department of Horticulture and Entomology.
20-The House agrees to Senate Amendment No. 20 to Section 25, fixing the salary of the State Librarian.
SATURDAY, AuGUST 22, 1931.
1623
21-The Senate recedes from its position as to Senate Amendment No. 21, relating to the State Library.
22-The House agrees to Senate Amendment No. 22, Subsection (a), of Division A, Part 1, relating to the Military Department.
23-The Senate recedes from its position as to Senate Amendment No. 23 to Section 38, relating to the appropriations to Public Buildings and Grounds.
24-The Senate recedes from its position as to Senate Amendment No. 24 to Section 42, Part 1, Division A, relating to the Department of Revenue.
25-The Senate recedes from its position as to Senate Amendment No. 25 to Section 44, Subsection (a), relating tothe salary of the Secretary of State.
Your committee amends House Bill No. 147 by striking therefrom Section 44, in its entirety and substituting in lieu thereof a new Section 44 to read as follows:
SECTION 44. SECRETARY OF STATE, DEPARTMENT OF
(a) Maintenance ........... S 25,000.00 $ 25,000.00
F ordefrayingtheexpenses incurred in the operations of the offices of Secretary of State and Corporation Commissioner.
(b) Maintenance ........... 125,000.00 125,000.00
F ordefraying theexpenses incurred in the operations of the office of Motor Vehicles CommisSIOner.
1624
JouRNAL oF THE HousE,
Provided,further,that the official administering the motor vehicle tax laws is hereby authorized and directed to pay into the general fund of the State Treasury 5% of the total net collections derived from the motor vehicle Act which expense of collection is provided for by the above appropriation.
26--The Senate recedes from its position as to Senate Amendment No. 26 to Section 46, Item A, relating to the Department of State Tax Commissioner.
27-The Senate recedes from its position as to Senate Amendment No. 27 to Section 46, relating to the salary of State Tax Commissioner.
28-The House agrees to Senate Amendment No. 28 to Section 47, Item (b-2) relating to interest on temporary loans.
29-The Senate recedes from its position as to Senate Amendment No. 29 to Section 50, relating to the Milledgeville State Hospital.
Your committee amends said Section 50, Item A, by adding thereto the following proviso:
Provided, that if the above amount is insufficient for the maintenance of said State Hospital, the Governor is hereby authorized and directed, as a preference, to allocate an additional sum not to exceed $75,000.00 for each of the years 1932 and 1933 from the emergency appropriation con-
tained in Section 1, I tern E, of this Act.
SATURDAY, AucusT 22, 1931.
1625
30-The House agrees to Senate Amendment No. 30 to Section 52, relating to the State Tuberculosis Sanatorium.
31-The Senate recedes from Senate Amendment No. 31 relating to an additional appropriation at the State Tuberculosis Sanatorium at Alto.
32-The Senate recedes from its position as to Senate Amendment No. 32 to Section 52, relating to the State Tuberculosis Sanatorium at Alto.
33-The House agrees to Senate Amendment No. 33 to Section 57, Item A, Prison Farm.
34-The House and Senate both recede from their positions as to Senate Amendment No. 34, Section 67, relating to the Fourth District A. & M. School at Carroll ton.
Your committee amends said Section 67, by striking therefrom the figures $15,000.00 for the year 1932 and the figures $15,000.00 for the year 1933 and substituting in lieu thereof the figures $17,500.00 for the year 1932 and $15,000.00 for the year 1933.
35-The House and Senate both recede from their position as to Senate Amendment No. 35 to Section 68 relating to the Georgia Vocational and Trades School at Monroe.
Your committee amends said Section 68 by striking therefrom the figures $15,000.00 for the year 1932 and $15,000.00 for the year 1933 and substituting in lieu thereof the figures $20,000.00 for the year 1932 arid $20,000.00 for the year 1933.
36-The House and Senate both recede from their position as to Senate Amendment No. 36 to Section 69 relating to the Georgia Industrial College at Barnesville.
Your committee amends said Section 69 by striking therefrom the figures $15,000.00 for the year 1932 and $15,000.00 for the year 1933 and substituting in lieu
1626
JouRNAL oF THE Hous:E,
thereof the figures $20,000.00 for the year 1932 and $20,000.00 for the year 1933.
37-The House and Senate both recede from their positions as to Senate Amendment No. 37 to Section 70, relating to the Seventh District A. & M. School at Powder Springs.
Your committee amends said Section 70 by striking therefrom the figures $15,000.00 for the year 1932 and $15,000.00 for the year 1933 and substituting in lieu thereof the figures $20,000.00 for the year 1932 and $15,000.00 for the year 1933.
38-The Senate recedes from its position as to Senate Amendment No. 38 to Section 71, relating to the Eighth District A. & M. School at Madison.
39-The Senate recedes from its position as to Senate Amendment No. 39 to Section 72, relating to the Ninth District A. & M. School at Clarkesville.
40-The House and Senate both recede from their position as to Senate Amendment No. 40 to Section 73, relating to the Tenth District A. & M. School at Granite Hill.
Your committee amends said Section 73 by striking therefrom the figures S15,000.00 for each of the years 1932 and 1933 and substituting in lieu thereof the figures S10,000.00 for the year 1932.
41-The Senate recedes from its position as to Senate Amendment No. 41 to Section 76, relating to Bowdon State Normal and Industrial College at Bowdon.
42-The Senate recedes from its position as to Senate Amendment No. 42 to Section 80, Item A, relating to the Medical College at Augusta.
43-The Senate recedes from its position as to Senate Amendment No. 43 to Section 85, relating to Georgia Military College at Milledgeville.
SATURDAY, AuGUST 22, 1931.
1627
Your committee amends House Bill No. 147 by striking therefrom Section 85 in its entirety.
44-The Senate recedes from its position as to Senate Amendment No. 44 to Part 1, Division F, Section 89, Subsection (a), relating to the expenses of committees visiting chain-gangs in this State.
45-The Senate recedes from its position as to Senate Amendment No. 45 to Part 2, Section 4, Item A, relating to Vocational Education.
46--The Senate recedes from its position as to Senate Amendment No. 46 to Part 2, Section 5, Item A, relating to the Smith-Lever Fund.
47-The Senate recedes from its position as to Senate Amendment No. 47 to Part 2, Section 6, Item A, relating to Prison Farm.
48-The House agrees to Senate Amendment No. 48, Section 8, Part 2, by adding thereto the following
prOVISO:
Provided, further, that the appropriations made in this Act, except the appropriations made to the Legislative and Judicial Departments of the State; for the payment of the public debt and interest thereof; and for the payments to the various counties of the State to be used exclusively for the maintenance and construction of public roads, shall not be directly disbursed by the State Treasurer to any obligee of the State Departments, Boards, Commissions, Bureaus, Institutions and Educational Interests of the State, but shall be disbursed upon the receipt of an executive warrant in a lump sum to the official or officials of said Departments, Boards, Commissions, Bureaus, Institutions and Educational interests of the State who are designated to receive and disburse or to control
1628
JOURNAL OF THE HousE,
the receipts and disbursements of funds, who will in turn make the payments which are due the obligees of the State.
49-The Senate recedes from its position as to Senate Amendment No. 49 to Division C, Section 60, Item A, relating to the Georgia Experiment Station at Griffin.
50-Your Committee amends House Bill No. 147, Section 89, Paragraph 12 by striking therefrom the sum of $5,000.00 and substituting in lieu the sum of $7,500.00 with the following proviso:
Provided, however, that the sum of $3,500.00 of said sum of $7,500.00 be immediately available for the payment of printing, stationery and incidental expenses of the General Assembly for the regular session of the year 1931.
51-Your commi tttee further amends House Bill No. 147, Section 89, Paragraph 13, by striking therefrom the figures $5,000.00 and substituting in lieu thereof the figures $6,500.00 and adds the following proviso: Provided, however, that the sum of S1,500.00 or so much as may be necessary of said S6,500.00 be immediately available to pay the expenses of committees already incurred during the regular session of 1931 of the General Assembly.
Respectfully submitted,
DEKLE of the 6th District, HAND of the 8th District, FowLER of the 39th District; CuLPEPPER of Fayette, CROWE of Worth, DuNCAN of Houston.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
SATURDAY, AucusT 22, 1931.
1629
Mr. Speaker:
The Senate has adopted the report of the Conference Committee on the following bill of the House, to-wit:
By Mr. Culpepper of Fayette and others-
House Bill No. 147. A bill known as the General Appropriations Bill.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
Mr. Speaker:
The President of the Senate, pursuant to the following resolution of the House, viz., House Resolution No. 110, by Messrs. Bland of Stewart, James of Jones, and others, a resolution relative to the investigation by a committee from the General Assembly of the A. & M. Schools of the State, and for other purposes, has appointed the following Committee on the part of the Senate, to-wit:
Messrs. Harris of the 18th District,
McWhorter of the 50th District,
West of the 11th District.
The President of the Senate, pursuant to House Resolution No. 100-634b, by Mr. Cochran of Thomas, a resolution providing for the appointment of a committee from the General Assembly to re-write the School Code, has appointed the following Committee on the part of the Senate, to-wit:
Messrs. McWhorter of the 50th District,
Jackson of the 14th District.
The following message was received from the Senate through Mr. Boifeuillet, the Secretary thereof:
1630
JouRNAL oF THE HousE,
Mr. Speaker:
I am instructed by the Senate to inform the House of Representatives that the Senate has transacted its business for the present session, and now stands ready to adjourn sine die.
The Senate has adopted the following resolution of the Senate, to-wit:
By Messrs. Harris of the 18th District, Weekes of the 34th District, and others-
Senate Resolution No. 74-A. A resolution providing for the appointment of a committee of two from the Senate and three from the House to notify His Excellency, the Governor, that the General Assembly has completed the transaction of business for the present session, and now stands ready to adjourn sine die.
The President has appointed as a Committee on the part of the Senate:
Messrs. Harris of the 18th District,
West of the 11th District.
Mr. Thomason of \Yorth moved that the House adopt the report of the third Committee of Conference on House Bill No. 147, and the motion prevailed.
The following resolution of the House was read and adopted:
By Mr. Nelson of Cook-
House Resolution No. 128. A resolution to notify His Excellency, the Governor, that the General Assembly is now ready to adjourn sine die.
SATURDAY, AuousT 22, 1931.
1631
Under House Resolution No. 128, the Speaker appointed as a Committee on the part of the House, the following members of the House, to-wit:
Messrs. Beasley of Tattnall,
Davis of Mitchell,
Stone of Early.
Mr. Beasley of Tattnall, Chairman of the Committee on the part of the House to notify His Excellency, the Governor, that the General Assembly had completed its business and was now ready to adjourn sine die, submitted the following report:
Mr. Speaker:
Your committee to notify His Excellency, the Governor,
that the General ,Assembly has completed its business and
is now re~dy to adjourn sine die, beg leave to report that
His Excellency, the Governor, has no further communica-
tion for the General Assembly.
The following resolution of the Senate was read and adopted:
By Mr. Harris of the 18th District-
Senate Resolution No. 75. A resolution. Be it resolved by the Senate, the House concurring, that the General Assembly do now adjourn sine die.
The Speaker announced the House adjourned sine die.
INDEX
TO
JOURNAL
OF
House of Representatives
REGULAR SESSION
INDEX
1635
PART I.
HQUSE BILLS.
A.
ACCOUNTANTS66-To regulate practice of___ ------------------------ 276,509,1028
ADVERTISING, OUTDOOR219-Toregulate_________________________ 348,533,1053,1054,1055,1056
495-0n State Highways______________________________
814
AGE OF CONSENT-
271-To define _______________________________________ _
431
AGRICULTURE AND AGRICULTURAL PRODUCTS-
7G-Regulate sale of eggs____________________________
277,612
196-Repeal Dairy Act_ _______________________ 344, 964,1052,1053,1340
356-Regulate sale of seeds ___________________________ 575,883,1341
595-To sell seeds fraudently _________________________ 1038,1107
APPROPRIATIONS-
19-Free tuition, Veteran's Children _____________ 37 ,475,496,498,499
81-Georgia Training School for Boys________________
279
82-Georgia Training School for Boys________________
279
83-Prison Commission, for Sewer Line______________
280
84-City of Milledgeville, for paving__________________
280
100-J. T. Jarman, relieL ________________ ____ _____ __ _
283
121-Dougherty County______________________________
299
147-General Appropriations _________ 303, 533, 702, 703, 705, 710, 738,
760, 783, 785, 797, 798, 805, 807,
1286, 1290, 1336, 1499, 1590,
1601, 1602, 1617, 1628, 1630
204-Department of Agriculture______________________
345
256-Reimburse City of Albany_______________________
428
262-C. P. Byrd, Printer______________________________
429
37-375d-Coastal Fisheries Fund___________________
433
46-310b-Tax Refund_______________________________
494,649
5G-323a-Reimburse A. M. Robinson Co.____________ 35o-Pension Department_ ___________________________
507,757 524
58-378a-Jefferson Davis Highway------------------
605
6o-405a-Refund Motor Carriers Fee________________ 645,757,1257
63-448a-Reimburse Reorganization Committee_750,1186,1330,1331
73-515a-Repay S.M. Davis, Surety_________________ 873,967,1114
95-593g-Hugh M. Butler, funeral expenses_________ 1040,1141
ATTORNEYS AT LAW93-Read Law to Jury______________________________ _
281,1231
1636
INDEX
AVIATION17!~-Create Board of Aeronautics ____________________ _ 399-lliuminate Highways to aid_____________________ _
505-Regulate Aircraft flying ________________________ _
333 644,1367
847
B
BANKS AND BANKING67-Amend Act of 1919_____________ 277 ,612,1207,1208,1209,1210,1211
99-Amend Act, relative Value Shares_______________
282,283
249-Regulate________________________________________
412,882
281-Abrogate Powers State Superintendent of_______
460,535
294---Escheating unclaimed deposits__________________
491,882
431-Amend General Laws oL _________ ___ __ __________ 692,882,1072
BARBERING155-To regulate practice oL ____________ 324, 476, 1048, 1049, 1506, 1563
BEAUTY CULTURE201-To regulate practice of_ __ _
345,581
BONDS-
348-County Officers to give __ -----------------------
523
BUDGET BUREAU-
Report ______________________________________________ _
316
BURIAL ASSOCIATION8224-Charters for ____________________________________ _ 239-Creation of _____________________________________ _ 261--Insurance ______________________________________ _
391-Pay funeral expenses ___________________________ _
357,358 411 429 630
c
CHARTERS AND CORPORATIONS, MUNICIPAL41-Trenton, amend _____________________ ------------
41,420,441
56--Dudley, amend__________________________________ 275,420,441
85-Attapulgus, amend______________________________ 280,420,442 95-Griffin, amend _________________________________ 282,420,442,4.43
106--Cordele, amend__________________________________ 284,420,443
107--Cobbtown, amend_______________________________ 284,438,479
111-Hogansville, amend______________________________ 285,421,443
125-White Plains, amend____________________________ 299,438,480
171--Columbus, amend_______________________________ 327,439,4.80 210---Cartersville, amend _____________________________ 346,122,445,446
211-Swainsboro, amend__ _____________________ ____ _ 346,422,446
240---Jenkinsburg, amend____________________________ 411,534,585
INDEX
1637
242---Waresboro, amend_______________________________ 411,534,585 254-Ludowici, amend________________________________ 413,534,586 285-Columbus, amend_____________________________ _460, 536,589,825 288--Waycross, amend ______________________________ A61, 755,776,777
289-Nahunta, amend________________________________ 461,536,589 296-Pearson, amend_________________________________ 491,613,631 309-Waycross, amend_________________________________ 493,537,591 3~Gordon, amend__________________________________ 505,582,616 336-Carrollton, repeal________________________________ 521,676,699 346-Zebulon, amend ________________________________ 523, 755,777,778
351-Winder, amend_____________________________ ____ 524,756,778 36D-Atlanta, amend _____________ 575, 933,987,988,989,990,991,992,993 362-Monroe, amend__________________________________ 576,756,778 375-Carnegie, amend _______________________________ 604,756,778, 779
377-Folkston, create--------------------------~------ 604,756,823 38Q-Pembroke, amend_______________________________ 628,756,779 39Q-Augusta, amend_________________________________ 629,756,779 392-Augusta, repeaL _______________________________ 630, 756, 779, 780
394-LaGrange, amend_______________________________ 630,757,780 396-Palmetto, amend _______________________________ 643,757,780 401-Dillard, amend__________________________________ 644,757,780 403-Colquitt, amend_________________________________ 644,757,781 406-Athens, amend_________________________________ 645 ,820,864, 865 408--Rernolds, amend ____________________________ ~-__ 666,775,795
409-Tybee, amend ___________________ ---------------- 667,1109,1064
427-Thomasville, amend_____________________________ 670,775,795
436-Ashburn, amend _____ -___________________________
693
439-East Point, amend_______________________________ 693,794,824
44D-East Point, amend_______________________________ 693,794,824
441-Glennville, create________________________________ 749,852,886
443-Carrollton, amend_______________________________ 749,776,796
444-Carrollton, amend_______________________________ 749,776,796
451-Smyrna, amend_________________________________ 768,821,859
453-Cornelia, amend_________________________________ 768,853,886
454-Rossville, amend________________________________ 768,821,859
455--Moultrie, amend_________________________________ 769,986,1022
456-Trion, amend____________________________________ 769,822,859
462---Rockmart, amend_______________________________ 770,822,860
463-Cedartown, amend _____________________________ 770,822,860,861
474-Box Springs, repeal_____________________________ 790,823,862
477-Decatur, amend_________________________________
790
481-Toccoa, amend__________________________________ 791,934,969 496-Ideal, amend ___________________________________ 814, 933,969,970
499-Douglas, amend ________________________________ 846, 955,996,997
502-Union Point, amend. ---------------------------- 847,934,970 503-Brunswick, amend______________________________ 847,986,1022
1638
INDEX
506-Augusta, amend_________________________________ 847,934,970 508-Marietta, amend ________________________________ 872,917, 935,936
51G--Hillsboro, repeaL ____________________________ 872,1018,1042,1043
511--VVaycross, create _______________________________ 872,917,936,1285
512--Atlanta, amend__________________________________
873
518--Chatsworth, amend_____________________________ 912,986,1022 528--Manchester, amend _____________________________ 913,1018,1042
529--Kingsland, amend_______________________________ 914,966,995 53G--Donaldsonville, amend _________________________ 914,966,995,996
533--Crawfordville, amend____________________________ 927,966,996
536-Atlanta, amend_________________________________ 928,986,1023 556-Augusta, amend _____________________________ 981,1019,1043,1044
557--Atlanta, create __________________________________ 981,1042,1070
56G--VVillacoochee, amend _____________________________ 982,1020,1044
561--Homerville, .change name ________________________ 982,1020,1044
562--Bogart, incorporate ______________________________ 982,1020,1044
563--Rome, amend ___________________________ 982,1185,1235,1255,1500
565--Augusta, amend _____________________________ 982,1020,1109,1110
567--Atlanta, amend_________________________________
983,1138
569--Arabi, amend ____________________________________ 983,1020,1045
57G--Atlanta, amend __________________________________ lOll, 1138,1267 574--Atlanta, limits __________________________________ 1012, 1139,1267
575--Atlanta, amend __________________________________ 1012, 1139,1203
582--Savannah, amend_____________________ 1036, 1064,1111,1503,1506 583--Rockmart, amend _______________________________ 1036, 1139,1187
589--Atlanta, amend__________________________________
1037,1436
59G--Atlanta, amend__________________________________
1038,1107
593--Atlanta, amend_________________________________
1038
594--Greater Macon, create ___________________________ 1038, 1107, 1144
597--Eastman, amend________________________________
1039
598--VVarrenton, amend_______________________________
1065
609--Atlanta, amend__________________________________
1067
612--Lumber City, amend ____________________________ 1068, 1108,1144
616-Atlanta, amend__________________________________
1068,1436
626-Belmont, repeaL ________________________________ 1093, 1185,1234
628-Macon, amend ___________________________________ 1093, 1141,1206
631--Milan, amend ___________________________________ 1131, 1324,1369
634--Atlanta, amend__________________________________
1131,1437
635--Atlanta, amend__________________________________
1131,1437
637--Clermont, amend________________________________ 1179, 1284,1325
639--Sparta, amend ___________________________________ 1280, 1324,1369
64G--Folkston, amend ________________________________ 1280, 1324,1369
641--Dublin, amend __________________________________ 1280, 1324,1370
642--Atlanta, amend__________________________________
1319
INDEX
1639
CIDROPODY90--Regulate practice of ____________________________ _
281,674
CIDROPRACTORS-
322-Regulate practice of ____________________________ _
506
CODE AMENDMENTS TO CODE OF 1910-10--Section ____ , Taxes, certain counties____________
35,437,485
11-Section ____ ,Inheritance Tax___________________ 36,419,448
16-Section ____ , Sentencing Convicts _______________ 37 ,475,495,496
34-Section ____ , Qualification of Voters____________
40
36-Section ____ , Trespass ___________________________ 40,509,889,890
77-Section 696, Amend_____________________________
278,612
86-Section ____ ,Attestation of Mortgages ___________ 280,509,1050
87-Section ____ ,Restoration Land Titles____________
280
151-Section ____ ,Oyster Beds________________________
324
162-Section ____ ,Divorces _________ -----------------
325,476
182-Section ____ ,Bail Trover Action_________________ 333,421,422
189-Section ____ , Attorney's Fees____________________ 334,881,882
190-Section _ _,Attorney's Fees____________________
335,882
202-Section ____ , Brokers selling land_______________
345,1231
207-Section ____ ,Power of Sale______________________
346,1283
215-Section ____ , Homestead Exemptions____________
347
217- Section ____ , Toilet facilities_ ____________________
348, 439
236-Section ____ , Lawful Interest____________________
360,423
244-Section ____ ,Notices by Registrars______________
411,1231
245-Section ____ , Notice upon Taxpayers__ __________
412
258-Section ____ ,Bail pending appeaL______________
428,613
270--Section ____ , Erroneous Charge_________________
431
291-Section ____ ,Occupation Tax____________________
461
333-Section ____ ,Fees of Sheriffs____________________
521,775
347-Section ____ ,Fees, Court Reporters______________ 378-Section ____ ,New Trials_________________________
523 605,1231
379-Section ____ ,Short Order Sales__________________
605,820
391-Section ____ , Payment funeral expenses_________
630
397-Section ____ ,Maintenance of hospitals__________
643,1322
430-Section ____ ,Bureau of Markets_________________
692
434-Section ____ ,Life Insurance_____________________
692,882
435-Section ____ , Garnishment exemption___________
692
442-Section ____ ,Bureau of Markets_________________
749
447-Section ____ , Venue of Suits____________________
750,883
470--Section ____ , District Court Houses_____________ 771,853,1141 478-Section ____ , Road Duty_________________________ 790,933,1263
519-Section ____ , Advertisements____________________
912,966
524-Section ____ ,Attorneys, restoring to bar_________
913,1020
542-Section ____ , Persons subject to duty ___________ 955,1106,1411
545-Section .----Motor Vehicle Fees_________________
956
1640
INDEX
546-Section ____ , Road Duty_________________________
956,1019
554-Section ____ ,Notices, County Registrars ________ 957,1231,1232
576-Section ____ ,Depositories, Security______________ 1012,1106
577-Section ____ ,School Superintendent____________ 1012,1106,1400
60~Section ____ ,Divorce Action_____________________
1065,1368
623-Section ____ , School Superintendent_______ l093, 1140,1141,1270
63~Section ____ , School Superintendent ____________ 1130, 1131,1232
CODE COMMISSION-
51-To adopt laws oL _______________________________ 276,476, 1026
Report oL _______________________________________
290
COMMISSION, STATE MEMORIAL564--To Create ________________________________________ 982,1368,1443
COMMISSION MERCHANTs-
137-Toregulate_____________________________________ _
301
COMMISSION, SAVANNAH RIVER NAVIGATION592-To Create _______________________________________ 1038,1070,1268
COMMISSIONERS OF ROADS AND REVENUE8-
27-Murray County, abolish_________________________ 39,338,350
28-Murray County, create___________________________ 39,338,350
62-Terrell County, amend _________________________ 276,420,441 ,442
73-Atkinson County, repeaL_______________________ 278,437,478
75-Atkinson County, create________________________ 278,437,478
79-Fulton County, repeaL ____________ 279,532, 1346,1354,1365,1399
~Fulton County, create___________________________
279,532
131-Clinch County, repeaL ________________________ 300,421 ,443,444
132-Clinch County, create___________________________ 301,421,444 138-Gilmer County, repeal ______ __ ____ _____ ___ ______ 302,339,351
226-Walker County, abolish__________________________ 358,675,697
227-Walker County, create___________________________ 358,675,697
26~Coffee County, repeaL__________________________ 429,675,698 274-Jackson County, amend_______________________ _431 ,535,587,588
284-Turner County, amend ________________________ _460 ,536,588,589
298-Wilkinson County, repeal________________________ 491,537,590
299-Wilkinson County, create________________________ 491,537,590
323-Coffee County, create___________________________ 506,615,777
327-Walton County, amend__________________________ 520,755,777
332-Hart County, amend____________________________
521,676
363-Crisp County, amend ___________________________ 576,1017,1042
386-Richmond County, amend______________________ 629,701,677
412-Heard County, amend___________________________ 667,820,857
415-Burke County, repeal___________________________ 668,820,856
417-Webster County, repeal__________________________ 668,821,857 418-Webster County, create________________________ 668,821,857,1279
INDEX
1641
424-Jackson County, amend. __ ~ __________________ 669,821,858,1318
433--Hart County, amend.___________________________ 692,821,858
488-Camden County, amend_________________________ 813,917,935
5GO-Floyd County, amend ____________________ .846,884, 918,919,1091
527-Supplement funds, Board of Education _________ 913,1018,1266
547-Nomination of, in certain counties______________
956,1019
572-Pierce County, amend___________________________ 1011,1106 601-Stewart County, amend _________________________ 1066,1107 ,1144
604-Lanier County, repeal __________________________ .1066,1107,1145
605-Lanier County, create__________________________ .1066,1107,1145
61Q-Telfair County, abolish ________________________ .1067,1108,1143
611-Telfair County, create______________________ 1067,1108,1143,1144
62Q-Walton County, amend _____________________ 1092,1140,1188,1189
624-Gordon County, amend ________________________ .1093,1141,1189
632-Quitman County, amend __________________ --~---1131,1185,1234
COMMITTEES, CONFERENCE-
On Senate Bill No. 18_________________________________
1148
On House Bill No. 147_________________ 1336,1499,1590,1601,1602,1617
On House Bill No. 194_ ______ ________ __ ___ __ _____ _____
1337
On Senate Bill No. 92 ________________________________ 1365,1563,1584
On House Bill No. 155________________________________
1506
On House Resolution No. 110_________________________ On Senate Bill No. 3L___ ________ ____ ____ ___ __ ___ __ ___
1552 1552,1553
COMMITTEES, SPECIALSpeaker's Escort _____________________________________ _ Clerk's Escort__ -- ___________________________________ _ Notify Governor_____________________________________ _ Speaker Pro Tern. Escort ____________________________ _ Inaugural Program __________________________________ _ Governor's Escort____________________________________ _ Canvass Votes ______________________________________ _ Governor's Escort____________________________________ _ Governor's Escort_- ________________________________ _ Neill-Traylor Act ____________________________________ _ Escort, Senator George ______________________________ _
Investigate Pension RolL ___ ------------------------Misapplication of Funds ____________________________ _ Dr. Paul F. Eve_. ____________________________________ _ Escort, W. H. BurwelL ______________________________ _ Old Soldiers Home __________________________________ _ Escort, Hon. Eugene Talmadge ______________________ _ A. & M. Schools _____________________________________ _ Rewrite School Code ________________________________ _ Notify Governor, report. ____________________________ _
11 14 15 17 28 29 30 108 228 640 748 892 975 1163 1291 1313 1560,1561 1614 1614 1631
1642
INDEX
COM)lMssIiTgDTEinEeSn,tsS_T__A__N__D_I_N__G__-___________________________ _ 247
COMMON CARRIERS (See Motor Vehicles, Railroads)-
COMMUNIC)lTIONB-
Secretary of State ___________________________________ _
1
Governor Hardman, ClemenCY Cases_________________ _
42
Goyernor Hardman _______ --------- __________________ _
109
0. Murphey Candler, W. & )l. Commission___________ _
126
Governor Hardman, W. & )l. Contract_______________ _
142
Governor Russell_______ ---------- ___________________ _
212
Governor Russell__________ ------ ____________________ _
229,271
Governor RusselL ___________________________ ---------
309
Comptroller GeneraL ________________ ~ _______________ _
468
Governor Russell____________________________________ _ 784,1341,1583
CONGRESSIONAL REAPPORTIONMENT-
15--Divide State into 10 Districts________________ 36,649,867,939,973
113-Members, House of Representatives __________ 285, 582, 1075, 1076
126-Divide State into 10 Districts____________________
300
166-Divide State into 10 Districts____________________
326
222-Divide State into 10 Districts.___________________
357
CONSTITUTIONAL ).l:MENDMENTB13-Poll Tax, Qualify electors_______________________ .36,419,449,450
1s-:-c1assification Tax____ ---------------------------
37
20-Constitutional Convention______________________
37
33-Pa;vment of Pensions____________________________
40
35--Poll Tax, qualify electors________________________
40
37-County Tax for Economics Workers _________ .41,419,453,484,515
46-Retirement, Judges Court of )lppeals___ --------
123
47-Retirement, Justices of Supreme Court ________ 123,509,891,940
49--Local Bills, General )lssembly_____________ 124,476,891, 940,1400
51-Poll Tax, qualify Voters_________________________
124
55-Exemption property from taxation________ 274,275,696,1025,1026
89-}.lmend Constitution.___________________________
281
96-Classification of Intangibles___ ---------------112-Widows, Confederate Veterans, Pensions________ 116-Qualifications of Voters_________________________
122-State )lssume County indebtedness_____________
!53-Provision for payment of pensions_______________ 164-Salary Judges, )ltlanta Circuit__________________ 212-Exempt furniture from taxation_________________ 213-Exempt fixtures from taxation___________________ 220-Consolidate School Districts____ ________________ 221-Limiting Powers of Taxation ____________________ _
282,510 285 286
299,533 324,612 326,674
347 347 348
348
INDEX
1643
235-Municipal Construction Bonds__________________
360,510
276-State School Commissioner______________________
432,933
277-School Systems Contract________________________
432
305-Tax for Education _____________ --------__________
493,794
311-General Assembly, meeting______________________
494
312-General Assembly, compensation________________
494
325-Reapportion Senatorial Districts________________
506
381-Marriage of certain widows______________________
628
388-Richmond County, make loans__________________
629,933
. 398-Restricting County Taxes __ --------------------419-Authorize Bond Issue___________________________
644,933 668
428-Veto by Governor _____________ 670,696,1150,1151,1152,1153,1154
429--Appropriation Bills___________________________ 670, 794,1484,1490
497-Wood Pulp Plants_______________________________
814
504-Legislative Departments__ --------_______________
847
543-Rome, sell bonds________________________________
955,986
OONTRACTS-
31-Farm Labor_____________________________________
39
W. & A. Railroad ___________________________ 135,143,148,156,182
264-Void as against free competition_________________
429,535
COUNTIES AND COUNTY MATTERS59-Change from fee to salary system________________ 275,339,352
13Q-Compensation Registrars, certain counties_.____ 300,775,795
133-Repealing Clinch County Primary Laws_-------- 301,421,444
141-Changing Fiscal Year, Fulton County___________
302,612
142-Change from fee to salary system________________
302,674
143-10,000 Names, Jury Box Fulton County__________ 302,533,584
159--Salary of Treasurer, Decatur County____________
325
167-Merging Campbell and Fulton Counties_________ 326,584,533
187-Merging Milton and Fulton Counties____________ 334,422,512
223-0fficial Organ, certain counties_ ________________
357
248-Male Hogs, Pierce County ____ ---------------____ 412,534,585 253-Compensation Stenographic Reporters __________ 413,1042,1262
21-Specify Purpose Court Houses___________________ 38,419,440
39--Solicitor General Salary, Peach County__________ 41,420,485
108-Road Duties, certain counties.-----------------124--Road Duties, certain counties---~--------------282-Stock Dealers, Liberty County___________________
284,438,479
299,438,480 460,536,588
295-Alternative Road Law, certain counties__________ 491,613,631 326-Dade County, Treasurer_________________________ 506,676,698
33Q-Randolph and Terrell Counties_________________ 520,676,699
335-Sheriff's Expenses __________ ----------__________ 521,614,903
337-Sheriff's Compensation_________________________
521
341-Change from fee to salary system________________ 522,755,901
354-Counties pay costs triaL________________________
574,964
1644
INDEX
355-Tax fi. fas. certain counties.____________________ 574,676,1262
385-Tax Collectors, ex-officio sheriffs________________ 628,883,1265
387-Probation Officers, certain counties _____________ 629,677,1263
402-Require Audits, County Offices_________________
644
411-Keeping records in certain counties_____________ 667,820,903
413-County Officers, Support Library_______________ 667,820,903 426-Tax Receiver's Books____________________________ 670,852,1263
432-Board of Health, Augusta ______________ 692,1018,1189,1190,1203
452-Merging DeKalb and Fulton Counties___________
768,884
464-Surveyor of Lanier County ___ .__________________ 770,822,861
466-Lanier County, Board of Education ____________ 770,822,861,862 484-Jury lists, certain counties ____________________ .792,853,901, 902
522-Tax Collectors, ex-officio Sheriffs._______________ 912,966,1412
523-Tax Collectors, ex-officio Sheriffs________________ 913,1018,1412
55G-Bailiffs, certain counties _________ .______________
957
552-Special Baliffs, certain counties. ___ .____________
957
553-Stenographic Reporters___________ ____ ... ____
S57
585-Mcintosh County, license exemptions_ _. _. 1037, 1139,1187, 1188 586-Fees in Divorce Cases _________________ . ________ . _ 1037 ,1232
588-Goats in Treutlen County_____
_. _.1037,1107,1142,1143
614-County School Superintendent ___ . 618-County School Superintendent __ _.
..1068,1139,1140,1412 _ ___ 1092,1140, 1270
619-County School Superintendent_____
.. 1092,1140,1271,1491
622-Financial Statements, certain counties __________ 1092,1140,1269
COUNTY TREASURERS273-Jackson County, amend _______________________ _
339-White County, create _________________ _
383-Decatur County, amend __________ ------- _____ _ 326-Dade County, abolish. _________________________ _
486-Emanuel County, abolish._ . __
________ _
501-Miller County, abolish ___ .. ____________________ _
515-Bibb County, abolish__________________ . _______ _
431,535,587 522,676,699 627,677,700 506,676,698 812,854,887 846,965,995
873
COURT HOUSES21-Specify for what purposes used___________ . _____ _ 38,419,440
COURTS, CITY AND COUNTY-
4-Nashville____________________ . ___________ .
34,338,349
23-Polk County ____________________________ ._______ 38,419,440
24-Polk County___________ __ ___ _
38,419,441
50-Miller County. ___________________________ . _____ 124,437,477 ,478
71-Conyers_ ________ _____ ____ ____ __________ _______ __ 277,339,351
123-Gray __
_____ ____ __ ______ __ ________ __ __ 299,438,479
135-Leesburg_ __________________ ______ _____ ___ ______ 301,438,480
!57-Bainbridge _____ . ____________
_________
325
165-Sa1ary Judges, in certain counties_____ ___ ______
326,754
INDEX
1645
174- Carrollton_ _ _______________________________ _ 332, 439, 481
231-Lyons_ ___ ____ ____ ____ ____ ___ ___ __ ____ ______ _____ 359,423,446
272-Jesup_ ________ ____________________________ .431,535,586,587
318-Irwinton_ _______ _______ __ _____ _____ ___ ____ ____ ___ 505,614,632
319-Wilkimon County ______________________________ 505,614,632,633
34G-Quitman _________________________________ .522,819,862,863,864
370-Savannah_ ____ _________ __________ _____ ___ ___ ___ 603,852,1271
382-Bainbridge_ _____ _______________________________ 628,676,700
404-Jesup_ _______________ ___ ______ ____ __ ___ __ ____ __ 645,8m,856
423-Jefferson ____ __________________________________ 669, 821 , 858
457-Maultrie _____________________ __________________ 769, 822, 859, 860
465-Lanier County__________________________________ 770,822,861
487-Gwinnett County_______________________________
812
490-Blakely___ ___________
_________ ___ 813, 965,993, 994,995
491-Early County_ ____ ___________ __________________
813
513-Thomoson ______________________________________ 873,917,936,937
521-Richmond _______________________________ 912,917,1231,1284,1481
525-Elberton_ _____ ______ _ ___ ________ ____ ____ __ ___ __
913
549-Macon ___________________________________________
956
580-Jefferson _________________________________ 1036,1064,1065,1111
587-Statesboro _____________________________________ 1037,1106,1142
591-Douglas____ _______________
________________ 1038,1107,1143
621-Swainsboro_____ ______ ___ _
_______ 1092,114.0, 1189
627-Ludowici__ __________________________ 1093,1283, 1325,1501,1503
638-Thomson ___________________________________ 1225,1284,1326,1328
COURTS, CRIMINAL181-Atlanta, amend act creating _________ _ 46G-Atlanta, amend _____________________ _
333,755 769,853
COURTS, JUVENILE-
507-Compensation of Judges ________________________ 848,1042,1265
540-Eiection of Judge_________ _____________________
928,1138
COURTS, JUSTICE-
205-To abolish__________
----------------------
345,85~
450-To abolish ______________________________________ 750,852,853, 915
COURTS, MUNICIPAL437-Atlanta, amend _________________________________ _
469-Atlanta, amend ________________________________ _
548-Macon, amend __________________________________ _
693 771,884,918
956
COURTS, SUPERIOR-
39-Peach County __________________________________ _41,420,485,486
74-Atkinson County________________________________ 278,420,442
127-Rotation of Judges___
________ ____ _____ ___
300
161-Quitman County, change time___________________ 325,421,445
1646
INDEX
164-Salary Judges, Atlanta Circuit__________________
326,674
178-Fee System, Northeastern Circuit_______________
333,533
183-Fee System, Alapaha Circuit____________________
333
206--Abolish fee system, Atlanta Circuit______________
346,755
216-Clerks and Sheriffs Fees________________________
347,612
232-Ciilmer County__________________________________ 359,675,698
308-Catoosa County, terms__________________________ 493,614,632
316--Cherokee Circuit________________________________ 505,538,899
317-Cherokee Circuit________________________________ 505,538,900 358-CiradyCounty__________________________________ 575,676,699,700
458-Colquitt County________________________________ 769,822,860
482--SouthernCircuit-------------------------------- 791,884,1264
509--Toombs County, time___________________________ 872,917,936
55G--Salaries of Bailiffs_______________________________
957
551--Macon Judicial Circuit__________________________
957
552--Special Bailiffs________________________ --------__
957
553--Stenographic Reporters_________________________
957
581-Jackson County, terms _____________________ 1036, 1065,1110,1111
586-Fees in Divorce Cases___________________________ 1037,1232
CRIMINAL LAWS (See Practice and Procedure)--
44-State Bureau Criminal Identification___________ _ 48-Indeterminate Sentences_______________________ _
123,322 123,1041
88-Procedure in trial of case _________ --------------93-Law-yers Read Code to Jury ____________________ _
281,1230 281,1231
105-Abandonment of Children. ___ -----------------129--Rendition Verdicts by Juries____________________ 177-Allow Lash on Convicts ________________________ .
284
300 332,477
217-Toilet Facilities__________________________________
348,439
286--Confer Discretion, Trial Judge__________________
461
292-Suspension Misdemeanor Sentences___________ ._
462,537
315-Days of Work, Chaingang_______________ 504,538,900,901,940,941
357-Manner Computing Sentences________________575, 775,1113,1114
460- Atlanta amend _____________________ ------------_
769,853
D
DE;POSITORIES, STATE AND COUNTY-
172-Farmers Bank, Royston_________________________ 327,495,897 607-Ben Hill County, create _________________________ 1067,1108, 1268
E
EDUCATION, STATE BOARD OF-195-Amend Act relative to __________________________ _
344,422
INDEX
1647
ELECTIONS AND ELECTION LAWS-
133-Clinch County, Primary ___ ---------------------- 301,421,444
184-Prohibit Illegal Voting__________________________
334
185-Prohibit Illegal Voting___________________________
334
241-Campaign Expenditures_________________________
411,775
307-Hours of Voting _______________________________ _493, 613,631,632
344-Registration of Voters __________________________ 523 ,852, 903,904
492-Minority Political Party__________________________
813,884
ELECTRICITY-
63-Taxingthose who sell___________________________
276
214--Prohibit Service charges on______________________
347
407-Prohibit Service charges on______________________
666,1437
25-Sale of Municipal Power Plants_________________ 38, 754,890,997,
998,999,1000,1001
EMBALMING498-Acts relating to_________________________________ _
846,933
EMPLOYMENT559-0f General Assemblymen_______________________ _
981,1020
EXPERIMENT STATIONS-
41-291c-Sell Griffin_______________________________ _
462
EXPLOSIVES, USE OF-
367-Regulate _______________________________________ _
576
F
FIREMEN-
405-Fund for retired, disables_______________________
645
36Q-Atlanta, amend_____________ 575, 933,987,988,989,990,991,992,993
544--Prevent ineligibility oL___ _______________ ______ __ 956,987,1266 573--Loaningof ______________________________________ 1011,1138,1203
G
GAME AND FISH-
45-Prohibit steel traps, repeal_______________________
123
64--Fox chasing with dogs ________________________ 276,437, 1026,1027
101-Prohibit Use of seines___________________________
283,437
102-Abolish County Game Wardens__________________
283,437
103--Protection, game, fish, etc._______________________
283,438
104--Fishing with hook and Une. ____________________ 283,438,478,479
144--Fishing hook and line_________________________ _
303
146-Protection game, fish, etc. ____________________ 303,439,1048,1499
149-Regulate Shad fisring_ _________ ___ ___ __ ___ _____
323,439
1648
INDEX
15o-License required for trapping___________________
323,439
151-0yster Beds _________________ ----------__________
324
152-Amend general laws relating to__________________
324,533
191-Issuance of trappers' licenses ____________ ~_______ 335,439,481
192-Season for cat squirrels_________________________
335
208-Amendment to laws of___________________________
346
37-275d-Appropriation, Coastal Fisheries__________
433
304-0peration of laws regulating_____________________
492
345--Protection of birds, game, etc.___________________
523
371-Regulate in Union County______________________
603
4Bo-Fishing in Bryan County______________________791,884,918, 1146
483-Fishing in Butts County________________________ 791,854,887
617-Henry County, wire baskets. _____ 1091, 1092, 1232, 1284, 1562, 1563
GAS, SERVICE CHARGES ON407-To abolish_______________ ------------------------
666,1437
GENERAL ASSEMBLY, MEMBERS OF-
26--Prevent employment by State___________________ _
38
163-Prevent voting on certain measures_____________ _
326
GENERAL ASSEMBLY, RESOLUTION OFGovernor Hardman's Illness. ________________________ _
108,109
H
HEALTH LAWS69-Revise relative to sterilization __________________ _
52o-Revise__________________________________________ _
615-Amend _________________________________________ _
277,532 912
1068,1140
IDGHWAYS, STATE (See Public Highways, Motor Carriers)-
29--Createpatrol------------------------------------ 39,964,1002 65--Reorganize Department of ____________________ 276, 611,1027,1028
68-Fix venue of suits against Department__________
277,612
94-Amend Neill-Traylor Act_________________________
282
124-Alternative Road law, amend.___________________ 299,438,480
156--Amend Neill-Traylor Act_________________________
324
237-Reorganize Department. _________ ---------------
360
36--275c-Information, Department of.______________
433
613-State Highway Board, personnel ________________ 1068,1139
343-Reorganize Department__________________________ 399-Illuminate___ ___ ____ ___________ __ ____ __ _______ ___
522 644,1367
416--Appointment of Board members_________________ 461-0peratives on, carry insurance. ________________ _ 495-Advertising on .. ________________________________ _
534-Discard Machinery, use Georgia labor___________ _ 633-Letting of contracts. ___________________________ _
667 770,965
814 927 1131,1185
INDEX
1649
HOG CHOLERA17-System of Eradicating __________________________ _
HOSPITALS389--Toprotect______________________________________ _
HOTELS438-Prevent fraud __________________________________ _
37 629 693,854
I
ICE-
541-Regulate manufacture and sale oL _____________ _
928
INSURANCE, ETC.-
197-Repeal Act requiring bonds ____________________ _
344
198-Licensing of Companies ________________________ _
344
199--Firms insuring, relative to______________________ _ 246-Regulate title ___________________________________ _ 261-BuriaL _________________________________________ _
263- Settling Losses _________________________________ _
361-Manner of paying policies ______________________ _
344 412. 429,581 429,581 575
434-Payment of life _________________________________ _
692,882
461-IndemnitY---------------------------------------
770,965
468-Georgia Commission, fire _______________________ _
771,853
473- Soliciting______________________________________ _ 789,884,1413
493-0n State Property______________________________ _
813
584-Liability of Insurer_ ______________________ -------
1036
J
JOINT SESSIONSCanvassing Votes____________________________________ Governor Hardman's Address________________________ Inaugurate Governor-Elect_ __________________________ Governor Russell's Message_ _________________________
JUDGES, SUPREME AND SUPERIOR COURTS188-Disqualification, certain cases __________________ _
30,31 108 211 228
334
L
LABOR AND LABOR STATISTICS (See Workmen's Compensation
Laws)-
14-Mechanics Lien law _____________________________ 36,323,532,867
US-Limiting hours of labor__________________________
298,964
ll9--Amend Workmen's Compensation Act __________ 298,322,323,754
120-Night Labor, females and minors________________
299,612
1650
INDEX
218-Amend Workmen's Compensation Act __________ _ 303-Wages of Laborers _____________ ------- __________ _ 331-Amend Workmen's Compensation Act __________ _
348 492,755
520
LAND TITLE840--Itegjstrationof__________________________________ 41,611,890,891
328-Litigation affecting______________________________ loli> '
520
368-Interest of third persons________________________ IJ 576,964
485-City of Columbus_______________________________ 812,965,996
568-City of Savannah, marsh lands__________________
983,1106
LASH OR WHIP177-Used on Convicts _________________ ------------ __ _
332,47'7
LAW7-Regulate practice oL _______ --------- ___________ _ 35,338,404
LEASESW. & A. Railroad Commission ____________________ 135,143,148,156 ,182
LEGISLATIVE AND CONGRESSIONAL REAPPORTIONMENT-
113-Members, State House of Representatives_____ 285,582,1075,1076
15--Divide State into 10 districts ________________ 36, 639,867,939,973
128-Divide State into 10 districts____________________
300
168-Divide State into 10 districts____________________
326
222---Divide State into 10 districts ___________________ _
357
LIVE STOCK282---Dealers taxed, Liberty County___________________ 460,536,588
LOAN AND LOAN SHARKB178-Regulate ______________________________ --- ___ __ : _ 374-Prescribe rate of interest _______________________ _
M MAPS-
472---Regulate recording ot_ ____ ______________________ _
MARRIAGE LICENSES459-Manner of obtaining ___________________________ _
332,476 604
771,965 769
MECHANIC ARTS, SCHOOL OF537-Change name_____________________________________ 928,1185,1413
MEDICAL EXAMINERS, BOARD OF17Q--Time of meeting________________________________ _
MERGERS, COUNTY167-Campbell and Fulton Counties_________________ _ 187-Milton and Fulton Counties ____________________ _ 452---DeKalb and Fulton Counties ___________________ _
327
326,533,584 334,422,512
768,884
INDEX
1651
MESSAGES, SENATE-11, 12, 20, 21, 22, 107, 108, 125, 126, 227, 273, 274. 298, 321, 322, 402, 403, 425, 426, 446, 447, 457, 458, 459, 490, 503, 572, 574, 599, 600, 601, 602, 603, 626, 627, 665, 666, 740, 741, 742, 743, 744. 745, 746, 747, 763, 764, 765, 766, 767, 810, 811, 812, 844, 845, 846, 870, 871, 906, 907, 908, 909, 910, 925, 926, 950, 951, 952, 953, 954, 978, 979, 980, 1005, 1006, 1007, 1008, 1009, 1010, 1031, 1033, 1034, 1058, 1059, 1060, 1061, 1062, 1122, 1123, 1124, 1125, 1126, 1127, 1128, 1165, 1166, 1167, 1168, 1169, 1170, 1220, 1221, 1222, 1274, 1275, 1276, 1277, 1305, 1306, 1307, 1308, 1309. 1310, 1311, 1358, 1359, 1360, 1415, 1416, 1417, 1418, 1419, 1464, 1465, 1466, 1467, 1468, 1469, 1470, 1471, 1472, 1473, 1532, 1533, 1534, 1535, 1536, 1537, 1539, 1540, 1541, 1561, 1583, 1584, 1611, 1612, 1613, 1614, 1615, 1628 1629, 1630
MILITARY AFFAIRS97-Amend Act of 192L______________________________
282,476
98--Amend Act of 1922__----------------------------568--Iteorgairize Forces_______________________________
282 983,1138
94-593f-Itoosevelt Henley, claims ___________________ 1040, 1141,1261
MILK, S1\LE OF22---Itegulate and controL ___________________________ 38, 611,867,868
MOTOit CARitiEitS (See Itailroads)57-Licensing of Vehicles____________________________ 275,819,1026
6Q-Motor Carriers Act, amend_______________________
275
72---0peration of trains on Sabbath_________________
277,278
92---Licensing of vehicles____________________________
281,1230
229--0peratives for trains____________________________
358
278--Iteciprocal Agreements with States______________ 432,613,1206
279--.A.mend General Law_________ ~------------------30o-:.ttegulate for hire_ _______ __ ___ __ __ ___ ___ __ __ __ __
432,755 492,696
301-0peration oL____ __ ____ ___ ___ __ _____ ___ __ __ ____ __
492,696
372---Amend Act of 193L___ ____ ________ __ __ ___ ____ ___ _
604,1018
367-l~icensing Operators_____________________________
604,1367
414-Lighting Automobiles___________________________ 667,668,1018
445-Amend Motor Vehicle Law_______________________
749
446-Intrastate Shipments___________________________
749,1105
471--Limitations to institute action ___ --------------516--Limit Liability of _________._______________________
771,853 911,1105
545--Iteduclng fees oL ___________ __ __ __ ______ __ ____ __
956
!>58--Charges on passenger carriers _____ 981, 1138,1391,1399,1575,1578
571--Motor Vehicle Law, amend_______________________
lOll
1>84--Death Caused by, insurance_____________________
1037
1652
INDEX
N
NURSERYMEN321-Repeal Act licensing__________ ---------------- __ _
506,882
NURSING9--Re~atepracticeof _____________________________ 35,419,447,448
0
OLEOMARGARINE139-rRe~ate sale of ________________________________ _ 154-Regulate manufacturer, sale oL ________________ _
302 324,510
ORDINARIES-
475-Custodians of minor children___________________
790,917
606-Funds from gas tax, use____________________ 1066,1067 ,1008,1269
ORGANIZATIONOaths of Office ______________________________________ _ Speaker _____________________________________________ _ Clerk________________________________________________ _
Speaker Pro Tern.____________________________________ _ Messenger ___________________________________________ Doorkeeper_ _________________________________________ _ Chaplain____________________________________________ _ Postntlstress _________________________________________ _
9,33,227 9 12 15
17,18 22 17 17
p
PAINTS AND OILS109--Prevention of deception in_____ -----------------
PATROL, STATE IDGHWAY29--To Create________________________________________
284,774 39,964,1002
PEACHES AND APPLES38-Amend grading laws __________________________ _41, 964,1023,1024
PENSIONS54-Exempt from garnishment ____________________ 125,476, 1024,1025 313-RegulatePaynaentof _________________________ 504,581,1337,1340
35Q-Appropriation for_______________________________
524
368-0ld Soldiers Home ___________________________ .577 ,820, 1155,1500
421-Protection for aged persons.~-------------------596-Retired Employees_______________________________
669 1039
PHARMACY, GEORGIA BOARD OF352-To establish____________________________________ _
524,614
INDEX
1653
POLICEMEN-
544-Prevent ineligibility of__________________________ 956,987,1266
598-Warrenton, Election of_ ____________ -____________
1065
POLL TAXES-
2-To register and vote _____________ ----------------
34
POWER PLANTS25--Sale of Municipal ______________ 38, 754,890,997,998,999,1000,1001
PRACTICE AND PROCEDURE (See Criminal Laws)-
48-lndeterminate Sentences________________ - __ -- __ _
123,1041
53-Motions for New trials __________________________ _
124
58-Regulate writs of certiorari _____________________ _ 275,328,352
68-Venue of suits against Highway________________ _
277,612
76-0ffenders against Penal Laws __________________ _
278
88-Criminal Cases, amend _________________________ _
281,1230
93-Attorneys read Penal Code to Jury _____________ _
281,1231
105-Abandonment of Children _____________________ _
284
115--Husband and Wife, competent witnesses _______ _
285,819
129--Rendition verdicts by juries ____________________ _
300
169---Simplify Divorces ______________________ ------ __ _ 234-Divorce Verdicts ________________________________ _
327,533 359
247-Illegal Search and seizure _____________________ _
412,477
252-Certiorari by Supreme Court __________ ----------
413
269---Special Verdicts in law and equity______________ _
430,852
286-Confer discretion, trial judge ___________________ _
461
292-Suspension Misdemeanor sentences ____________ _
462,537
297-Assignments of Error ___________________________ _
491,964
86-Regulate power of sale __________________________ _ 280,509,1050
328-Litigation over land titles ______________________ _
520
329---Probation of Wills ______________________________ _
520
349---Usury no defense________________________ ------365--Deeds as evidence ______________________________ _ 373-Admission of Evidence _________________________ _
523,883 576,883
604
4IQ--Fraudulent Conveyances _______________________ _
667,1231
422-Probation attested papers ______________________ _ 479---Suing non-residents ____________________________ _ 268-Brief of evidence _______________________________ _ 535--Rulesof________________________________________ _
60Q--Divorce Action _________________________________ _
669,965 790
4ao,ss2
927 1065,1368
PROGRAMSOf inauguration _____________________________________ _ Governor Russell's Address _________________________ _
30,211 212
PROIDBITION338-Sale of Liquor_ _________________________________ _ 247-Illegal Search and Seizure _____________________ _
522,614 412,477
1654
INDEX
PUBLIC BUILDINGS-
578--Georgja]darble_________________________________ _
1035
PUBLIC IDGHWAYS-
29--CreatePatrol.----------------------------------- 39,964,1002 65-Reorganize State Department _________________ 276,611,1027 ,1028
68-Venue Suit against Department oL. _________ ___
277,612
94--Amend Neill-Traylor Act. ___ ____________________
282
124-Alternative Road Law, amend ___ .. _. ___________ _
237-Reorganize Department___________ .. _. __________ _ 399-Illuminate______________________________________ _
299,438,480 360
644,1367
416--Appointment ]dembers State Board of_ _________ _
667
461-Indemnity Insurance on __ ---------------------495-Advertising on. ________________________________ _
770,965 814
534-Discard ]dachinery, use Georgja Labor on. _____ _ 633-Letting of Contracts, amend ____________________ _
927 1131,1185
PUBLIC SERVICE CO]d]d!SSION, GEORGIA-
136--Furnish information to Comptroller_ ___________ _
301
140-To abolish _____________________________________ _
302
214--Prohibit Service Charges, electricity ____________ _
347
PUBLIC WELFARE, STATE BOARD OF539--Amend Laws creating___________________________ _
928,1019
Q
QUASI PUBLIC CORPORATIONS243-Returns to State Auditor-----------------------
R
411,1231
RAILROADS (See Motor Carriers)-
57-Licensing ]dotor Vehicles. ___ ... _. __ . __________ ._ 275,819,1026
72-Prohibit operation on Sabbath_________________ _
277,278
92-Licensing ]dotor Vehicles _________ . __ . __________ _
281,1230
229-0peratives for trains.. -------------------------
358
25G-Grade crossings oL _____ ...... _______________ ... _ 412,413,510
279-Amend Motor Vehicle Law ______________________ _
432,755
395-Conductors and Motormen ____________________ _ 446-Intrastate shipments __________ . ___ . ____________ ..
630 749,1105
471-Limitations to Institute Action _______________ _
771,853
REAL ESTATE-
202-Regulate Brokers ___________________ . __________ _
345,1231
203-Regulate Brokers, salesmen. __________________ _ 345,439,898
INDEX
1655
REAPPORTIONMENT, LEGISLATIVE AND CONGRESSIONAL-
15-Divide State into 10 Districts ________________36,649,867 ,939, 973
113-Members, House of Representatl.ves __________ 285,582,1075,1076
126---Divide State into 10 Districts____________________
300
166-Divide State into 10 Districts____________________
326
222----Divide State into 10 Districts____________________
357
RELIEF, BONDS, ETC1QO--J. T. Jarman-------------~---------------------18-115c--E. J. Johnson_____________________________
27-221a--L. VV. Hall_________________________________
28-221b-VV. F. CardinaL___________________________ 32-237a-G. L. Trimble ____________ ----_____________
283 286,339,353
349,510,898
349,510,899 360,477,899
45-310a-J. E. Brim___.----------------------------- 494,537,900 65-472a-Adams and Long________________________772, 966,967,1258
71-49Gb-Andrews and Simons______ --------- ____814,815,967, 1259 73-515a-ltepay S. }{.Davis, surety_________________ 873,967,1114
75-530b-Haralson and Harrell ___________________ 914, 967,1059,1260
77-530d-0. H. Booker______________________________ 915,968,1260 76-530c--VV. H. Colley_______________________________ 914,968,1260 78--530e-H. B. Bloodworth_________________________ 915.968,1261 87-576a-lrate S. Rodgers___________________________ 1012,1233,1407
88--576b-B. A. Harper______________________________
1013
89--593a--VV. E. Hamlin___________ . __________________1039,1233,1408
90-593b-C. A. Odom ____________________________ --~1039, 1233,14{)9 91-593c-D. .Jones__________________________________ 1039, 1233,1409 92--593d-Charles Davison___________________________1039, 1233,1409 93-593e-D. I. Lee ___ . _______________________________ 1040, 1233,1410
97-615b-Seanor and Casper________________________ 1069, 1108,1261
1~8a-F. B. Lane __ . _____ -------- ________________ 1225, 1324,1410
108--641a-H. F. Holland_____________________________ 1319,1437 113--642a-J. }{. Griner______________________________ 1365,1437,1481
REORGANIZATION, STATE GOVERN}IENT-
168--Abolish certain commissions_____________________
326,1367
194-All Departments of State________ 343, 422, 539, 594, 617, 633, 637,
650, 651, 652, 653, 654, 660, 678,
680,689,1291,1336
23o-State Departments, Expenses____________________ 359,423,1075
lteport of Committee on_________________________
361
REPORTSOFSTANDINGCO}I'MITTEE&-
Academ.y of Blind_________ ----------------- __ -------- 1319,1320 Amendments to Constitution________ A13, 414, 463, 507, 525, 605, 671,
694, 792, 929, 983, 984, 1430,1431 Approp:riations ___________________________________ _463,525,1179,1180
___________________________________________________________ _
~viation
1656
INDEX
Banks and Banking_____________________________ 494,495,606,873,874 Conservation_________________________________________ 1584,1586
Counties and County Matters ________ 336, 415, 433, 434, 525, 526, 606,
607, 671, 672, 751, 816, 848, 915, 916, 915, 958, 1013, 1014, 1094, 1095, 1132, 1133, 1280, 1281,
1431,1475 corporations_________________________________________ 414,577,815 Education ____________________________ 336, 337, 464, 527, 578, 607, 694,
792, 793, 875, 929, 930, 1095,
1096, 1097, 1098, 1099, 1100, 1101,1133,1180,1225
Enrollment___________________________ 627, 646, 647, 648, 816, 817, 984,
1040, 1096, 1134, 1180, 1181, 1281, 1320, 1431, 1476, 1518, 1531 Game and Fish__________________ _434,435 ,527, 848,849,1225,1226,1476
General Agriculture No. 1_ ___________ 464, 465, 507, 508, 607, 608, 645, 875, 646, 876, 958, 959, 1226,1477
General Agriculture No.2 ____________________________ 876,1101,1102
General Judiciary No. 1_ _____________ 337, 415, 416, 435, 465, 528, 608,
609, 772, 773, 793, 817, 876, 877, 930, 959, 960, 1014, 1015, 1069, 1102, 1134, 1135, 1226, 1320,
1321,1365,1432,1477 General Judiciary No. 2____ 416, 465, 466, 508, 578, 773, 849, 850, 877,
878, 960, 1040, 1041, 1227, 1228, 1229, 1282, 1366,1432,1478
Georgia State Sanitarium__ --------------------------
1321
Halls and Rooms_____________________________________
1426,1427
Hygiene and Sanitation_______________ 360, 361, 416, 417, 435, 466, 528,
578, 609, 672, 673, 878, 879, 931, 1015,1135,1181,1182
Insurance____________________________________________ 579,879,1102
Labor and Labor Statistics __________ 609,610, 752,931,932,961,984,985
Legislative and Congressional
Reapportionment __________________________ 579 ,580, 648,751,752,931
Manufactures_ _______________________________________
1103
Military Affairs ___________________________ 466,467,529,1135,1136,1433
Municipal Government ____ _417, 436, 529, 580, 752, 753, 773, 774, 793,
794, 818, 850, 932, 961, 985, 1015, 1016,
1041, 1103, 1136, 1137, 1182, 1229, 1230,
1282,1321,1322,1433,1478
Penitentiary____ ___________________________ __________
467
Pensions _____________________________ 509,580,581,817,1176,1177,1178 Privileges and Elections _____________________________ --~-- _________ _
INDEX
1657
Public Highways __________ _467, 468,530,610,753,962,1016, 1017,1104,
1137, 1182, 1183, 1366, 1434, 1479, 1498
Public Library________________________________________ 673,774,1230
Public Printing_______________________________________
610,611
Public Property___________________________________________________ _
Itailroads ______________________________________ 695,818,962,1104,1435
Rules_______________________ 303, 304, 866, 1046, 1047, 1063, 1090, 1129,
1170, 1171, 1172, 1173, 1174, 1222, 1223,
1224, 1278, 1311, 1312, 1361, 1362, 1406,
1419,1473,1517
School tor Deaf_______________________________________
1181
Special Judiciary___________ 328, 337, 338, 436, 530, 531, 673, 674, 818,
879, 916, 1104, 1005, 1183, 1322, 1435 State of Itepublic _________ _418, 531,648,649,754,851,963, 1017, 1059,
1070, 1183, 1184, 1366, 1367, 1436, 1531
Temperance ________ --------- __________ ---------______
611
Training Schools_ -----------------------------------
985,986
University of Georgia and Branches__________________ 361,880,1184
Ways and Means ________ -418,531,532,851,881,963,1137,1322,1323,1531
W. & A. Itailroad_____________________________________ 695,1184,1185
REPORTS, SPECIAL COMMITTEE-
On House Resolution No. 84-------------------------Minority Report on House Resolution No. 84 ________ _ Joint Committee, W. & A. Railroad __________________ _ On House Resolution No. 109________________________ _
On Reorganization ________________________ -----------
1292,1299 1300,1303 1174,1175
1429 361
REPORTS, CONFERENCE COMMITTEE-
On Senate Bill No. 18__ ------------------------------
1425
On House Bill No. 147_________________ 1451,1462,1590,1601,1617,1628
On House Bill No. 155-------------------------------- 1563,1564 On House Bill No. 194 ________________________________ 1566,1572, 1573 On Senate Bill No. 92_________________ 1559,1560,1583,1615,1616,1617 On Senate Bill No. 3L________________________________ 1602,1605
On House Resolution No. 110------------------------- 1605,1607
s
SALARIE8111-Purchase oL ___________________________________ _
193-0f State Officers. ______________________________ _
286 335,422
SANITARIUM, GEORGIA STATE-
425-Revise Commitment Laws _____________________ 669, 670,965,1047
532-Regulate admission to___________________________
927
1658
INDEX
SCHOOLS AND SCHOOL LAWB-
30-Voters, independent districts____________________
89
43-Reorganize Department of Education____________
128
117-Qualifications of Superintendents_------------173-Warren County, Trustees to Contract____________
286,476 327
195-State Board of Education ____ -------------------
844,422
200-Independent Districts _____ ---------------------- 344,477,1401
30&-Lawrenceville_____ . ------~------ ----------------- 493,537,591
353-Powers, County Boards of Education____________
524,614
393-Compensation of Superintendent_______________
630
46&-Lanier County, Board of Education ____________ 770,822,861,862
494-Teachers, physical fitnec;s _____________________814,861 ,862,1105
537-School of Mechanic Arts, name ___________________ 928,1413,1185 555-Boston, repeal___________________________________ 958,1019,1043
SEEDB175-Regulate sale of.________________________________
35&-Regulate sale of.-------------------------------595-To sell fraudently_______________________________
332
575,883,1341 1038,1107
SOLDIERS' HOME368-Change governing of ___ ---------------------577,820,1155,1509
STE8A0M2-B-IOnsIpLeEctRioSn-of___________________________________ _
492
T
TAXES AND TAX LAWB18-Classification Tax______________________________ _ 12--Regulate sale of milk products _________________ _ 42--Tax Collectors prorate fi. fas. ___________________ _ 63-Firms selling electricity_________________________ _ 91-Equity Holder to pay ___________________________ _ 9&-Classification of intangibles ____________________ _ lOB-Road Duties, Certain Counties _________________ _ no-Reimburse Counties, gas tax ___________________ _ 128-General Tax Act, amend ________________________ _ 148-Certain Persons to pay _________________________ _ 186-0ccupation Tax ____________________ ----- _______ _ 228-Licensing Stores ______________________ ---------238-Licensing Stores _______________________________ _
251-License Tags ___ --------------------------------26&-Telephone and Telegraph Companies___________ _ 267-Licensing Stores_______________________________ _ 275-Licensing Stores _______________________________ _ 287-Amend General Tax Act________________________ _
37 38 122 276 281 282 284,438,479 284 800 328
334
358 360 413,1019 430 430 431,432 461
INDEX
1659
291-0ccupation Tax _______ -----------------_________
461
324-Excessive Levies_________________________________
506
334-Collection of, in certain counties________________ 521,775,902
359-Amend General Tax Act_________________________
575
364-Amend Equalization Law_______________ ---------
1576,794
400-Soft Drinks. ____ ------------ __ ------------______
644
489-General Tax Act, amend_________________________
813
517-Soft Drinks.____________________________________
912
526-Cigars and Cigarettes, reduce____________________
913,966
531-Fuel Tax Act, amend _____ 914,966,1155,1156,1157,1160,1161,1162 558-Motor Vehicles _________________ -~-981, 1138,1391,1399,1575,1578
585-Mclntosh County, Exemptions _____________ 1037,1139,1187,1188
602-Women's Clubs, exempt from____________________ 1066,1109
603-Peddlers, taxing of._____________________________ 1066,1139
606-0rdinaries, use gas tax _____________________ 1066,1067,1108,1269
608-Income__________________________________________
1067
636-Illegall.y Collected _________________ -------------- 1179,1232
TAX COLLECTORS AND TAX RECEIVERS5-Berrien County_______________ ---------- __ ------- 35,338,350 6-W8.Ylle County________ ----------- ________________ 35,532,583,584
32-Manner of Issuing fi. fas.________________________ 40,475,499
43-Prorating fi. fas. -------------------------------78-Fulton County, abolish_________________________
134-Clinch County__________________________________ 158-Gilmer County___________ ------_________________
122 279,674
301,421,444 325,421,445
160--Decatur Coun Y---------------------------------
325
209-Pierce County ____________________ ~______________ 346,422,445
225-WalkerCounty__________________________________ 358,675,697 257-Franklin County________________________________ 428,534,586 259-Coffee County___________________________________ 428,534,586 265-Evans County__________________ ----------------- 430,613,631 283-Libert;yCounty________________________________ 460,536,588,1147
290--Brantley County________________________________ 461,536,589
293-Terrell County__________________________________ 462,537,590
314-Webster County_________________________________ 504,538,591
342-Brooks County__________________________________
522
384-Decatur County_______________________________ .628,677, 700,701
385-Collectors, ex-officio sheriffs____________________ 628, 1265,883 448-Stephens County___________ -------------------- 750,916,935 467-Lanier County _________________________________ 771,853,886,887
514-Bibb County____________________________________
873
538-Monroe County__________________________________ 928,1019,1043
625-Dodge County___________________________________
1093
TAX COMMISSIONER78-Fulton County, create__________________________ _
279,674
1660
INDEX
154-Gilmer County, create___________________________ 325,421,445 233-Atkinson County, repeaL_______________________ 359,534,584 449-Election of, certain counties_____________________ 750,883,1264
TEXT BOOK COMMISSION1 - T o c r e a t e ________________________ 34,582,826,827,830,835,838,840
TOBACCO52-Fees of Warehousemen ___________________ . _____ _ 579-Fees of Warehousemen _________________________ _
526-Tax on Cigars and Cigarettes, reduce___________ _
124 1036,1106
913,966
TRAINING SCHOOL420-To establish for colored girls ___________________ _
TRUST COMPANIES99-Par Value ______________________________________ _ 246-Reguiate title insurance and ___________________ _ 294-Escheating unclaimed deposits _________________ _
669
282,283 412
491,882
u
UNDERTAKERS261-Insurance agents compensation __ _
429,581
UNIVERSITY OF GEORGIA AND BRANCHES-
145-Establish Junior College, Clarkesville___________
303,881
180-0ffer Dentistry_______ ____ _____ __ ______ __ __ _____ 333,426,361
310-Abolish A. & M. Schools_________ 603, 756, 1115, 1116, 1117, 1118,
.
1119,1149,1149,1150
537-School of Mechanic Arts, change name __________ 928,1185,1413
v
VETERINARIAN, STATE-
255-Prevent practice of veterinary __________________ _
428
28Q-Require Sanitary Control, State ________________ _
459
476-Distribution, Veterinary products ______________ _
790
w
WESTERN AND ATLANTIC RAILROAD-
3-Discountrentals ________________ 34, 881,941,942,943,944,945,
946,947,1510,1514
12-Sale oL ______________________ .__ ----------------
36
WORKMEN'S COMPENSATION LAWS (See Labor and Labor
Statistics)14-Mechanics Lien Law _____________________________ 36, 323,532,867
118-Limiting hours of labor_________________________
298,964
INDEX
119-Amend_________________________ _
12G-Night labor, females and minors _________ _
218-Amend_ ___
____________________ _
303-Wages of Laborers __ 331-Amend _____________ _
1661
.298,322,323,754 290,612 348 492,755 520
PART II.
HOUSE RESOLUTIONS.
1-Notify Senate ______________________ -------------
14
2-Notify Governor_ ___________ _
14
3-Chaplain and Postmistress, appointment of ____ _
17
4-Hon. G. A. Huddleston, sympathy _____________ _ 5-To adopt Rules ________________________________ _ 6-Selection of Seats __________________________ _
22 24,304
28
7-Inaugurate Governor_ _________________________ _
33
8-Legislative and Congressional Reapportionment_
33
9-Banking Department, information ______________ _
34,339
10-29a-Investigate Pension RolL ___________ _
39,510,889
11-Extending sympathy to Governor_ __________ _
108
12-Pledging cooperation with Speaker ________ _
120
13-Sessions of House ______________________________ _
120
14--49a-Committee report free school books___
124
15-50a-Certain roads on Highway System__________ 125,477,891
16-115a-Furnish Reports to White County ________ 286,440, 896,897
17-115b-Municipality to issue mortgage bonds_____
286
18-115c-Relieve E. J. Johnson, surety_____________ 286,339,353
19-Compensation Postmistress and others__________
287
20-W. L. Stribling ______________ -------------------
288,307
21-Hon. R. L. Maynard, Sympathy_________________
288
22-145a-Furnish reports to Bibb County___________ 303,675,897
23-173a-Comptroller General, collect taxes__
327
24-173b-Common Schools, relative to______________
328
25-191a-W. & A. Commission, authority ______ 335, 696, 1073, 1074,
1075,1214
26-191b-Furnish reports to Irwin County_________ _ 335,897,898
27-221a-Relieve L. W. Hall, surety ____ _
349,510,898
28-22lb-Relieve W. F. Cardinal, surety ____________ _ 349,510,899
29-221c-Furnish reports to Taylor County ________ _ 349,776,901
3G-221d-Amending Rule 68 _______________________ _
349
30-Memorial Dr. Paul F. Eve _______________________ _
351
31-Georgia Marble for Post Office Building ________ _
353
32-237a-Relieve G. L. Trimble, surety____________ _ 360,477,899
1662
INDEX
33--Lobb~---------------------------------------- 423,424,425 34-275a-State Quarry, Oglesby_____________________ 432,433,535
35-275b-Information, House Members______________ 36-275c-Information, Highway Department________ 37-275d-Appropriation Coastal Fisheries___________
433 433,535
433
38-Endorsing Edgar B. DunlaP--------------------39-29la-Investigate Printing Department__________
447 462,613
40--291b-Authorize Governor, draw warrants_______ 41-291c-Sell Experiment Station, Griffin__________ 42-291d-Information, State Treasurer______________ 43-Lobby Committee_______________________________ 44-Cotton Stationery_______________________________ 47-Hon. H. D. Brannen, sympathy_________________ 48-Amend Neill-Traylor Act_________________________ 45-SlOa-Relieve J. E. Brim, surety_________________ 46-310b-Tax Refund_______________________________
462,536 462 462
483,484 484 489 490
494,537,900 494,649
5o-323a-Reimburse A.M. Robinson Co. ----------51-323b-Investigate Judicial, Executive Branches__ 49-Limiting Speeches in House_____________________
507,757 507
512,513
52-Sympathy, Family of Ron. Chas. G. Edwards____ 53-Svmpathy, Family of Ron. Jos. H. Parker_______ 54-352a-Schools, Winder and Russell______________ 55-Special Investigating Committee_________________ 56-365a-Prohibit Propaganda. ______ .______________
517,518 518
524,885,919 539
577,854
57-365b-Pension, Mrs. E. M. Kay___________________
577
58-378a-Jefferson Davis Highway__________________
605
59-Honorable H. B. Edwards_______________________
625
60-405a-Refund Motor Carriers Fee_--------------- 645,757,1257
61-405b-Aid Employment__________________________
645
62-Amend Rule 29---------------------------------
671
62-44Qa-Refund Illegal Tax _____________________ 693, 757,1257,1258
63-448a-Reimburse Reorganization Committee_750,1186,1330,1331
64-448b-- College of Agriculture... _. ____ . ___ ._______
750,1232
65-472a-Relieve Adams and Long, sureties _______ 772, 966, 977,1258
66-Hon. H. W. Nelson ____ ._________________________
783,784
67-482a-Federal Farm Board _________ .------------_
791,934
68-482b-Order of Business_________________________
791
69-Federal Farm Board _____ . ___ . ___ .. ____ ._________ 792,885,1002
70-496a-Pave Certain Roads_______________________ 814,967,1258
71-496b-Relieve Andrews and Simons, sureties___814,815,967,1259
72-505a-10th District A. & M. SchooL _____________ 847,967,1073
73-515a-Repay S.M. Davis, surety _________________ 873,967,1114
81-Consolidation of Counties_______________________
911,972
74-530a-Abraham Lincoln.. -----------------------
914
75-530b-Relieve Haralson, Harrell, sureties______914,967,1259,1260
76-530c-Relieve W. H. Colley, surety ____ ----------- 914,968,1260
INDEX
1663
77-530d-Relieve 0. H. Booker, surety______________ 915,968,1260
78-530e-Relieve H. B. Bloodworth, surety__________ 915,968,1261
79-530f-Financial Committee______________________
915
80-530g-Old Soldiers' Home________________________
915
82-Investigate Cigarette Prices______________________
927
83-A. B. Mobley, information_______________________
939,972
84-Investigate Misappropriation of funds___________
939,973
85-554a-Furnish reports to Hall County___________
958, 1232
86-567a-A. & M. School, Forsyth___________________
983,1185
87-576a-Relieve K. S. Rodgers, surety____________ .. 1012, 1233,1407
88-576b-Relieve B. A. Harper______________________
1013
89-593a-Relieve W. E. Hamlin, surety ______________ 1039,1233, 1408
90-593b-Relieve C. A. Odom, surety________________ 1039,1233, 1409
91-593c-Relieve D. Jones, Surety ________________ .. 1039, 1233,1409
92-593d-Relieve Charles Davison, surety___________ .1039, 1233, 1409
93-593e-Relieve D. I. Lee, surety___________________ 1040,1233,1410
94-593f-Claims of Roosevelt Henley________________ 1040, 1141,1261
95-593g-Hugh M. Butler, funeral expenses_________ 1040,1141
96-615a-Book Depository___________________________ 1069,1108
97-615b-Relieve Seanor and Casper, sureties _______ 1069,1108,1261
98-629a-Purchase Property, Hearn Academy_______ 1094,1186
99-634a-Amend Rules_____________________________ 1132,1437
100-634b-Rewrite School Code ______________________ 1132, 1186,1400
101-634c-Rewri.te School Code_______________________
1132
103-Veterinary Medical Association _________________ _ 102-636a-Cotton _______________ . ___________________ _
117R,1179 1179
104-638a-Relieve F. B. Lane, Surety_________________ 1225,1324,1410
106-Relating to H. B. No.1 and Lobbying____________
1289
Privilege Resolution, W. H. Burwell______________
1291
107-Sympathy, W. R. Mixon_________________________
1303
109-0ld Soldiers Home_______________________________
1313
110-A. & M. Schools_________________________________ 1316,1551
111-House Bill No. 452, calendar.____________________
1319
108-641a-Relieve H. F. Holland, surety______________ 1319,1437
112-Huey P. Long, meeting of officials_______________ 1341,1342
113-642a-Relieve J. M. Griner, surety ______________ .1365,1437,1481
116-Hon. Tom Wisdom, commendation_______________
1388
115-Honorable Orlando Awtrey______________________ 1388,1389
114-Hon. E. B. Dykes, sympathy_____________________
1389
118-Hon. F. Q. Sammons____________________________
1444
119-Freight Rates___________________________________ 1444,1445
117-Highway Department, information______________ 1446,1480
120-Investigate Public Service Commission _______ .. 1474, 1579,1580
121-Macon Telegraph__________________________ _____
1475
122-Honorable Eugene Talmadge____________ _ 123-Heirs of Hon. W. J. DeRenne ________________ .
1560 1564
1664
INDEX
124-Mrs. Sara Cobb Baxter & Miss Carolyn Cobb.____
1564
125-Chaplain____ ------------- ____ __ _______ ___ ___ ___
1578
126-General Assembly__ - _________________________ 1589, 1590,1613
127-Extra Session of General Assembly______________ 1607,1609
128-Notif:v Governor __ -------- ____ ------ ________ -----
1630
PART ni.
SENATE BILLS.
A
ACCOUNTS83-0f Fees Received ________________________ --------
782,855
AMENDMENTS TO CONSTITUTION (See Constitutional Amendments)
APPLES AND PEACHES167-Grading and marking of. ________ ----------------
1374,1480
B BANKS AND BANKING-
17-Regulate_______________________________________ _
BARBERING136-Regulate Practice of _____________________ ----.--
BUDGETS126-0f Departments, monthly ______________________ _
BUILDING AND LOAN ASSOCIATIONSSO-Minors to purchase stock_______________________ _
495,407 1112,1186 997,1186
760
c
CHARTERS AND CORPORATIONS137-Atlanta, amend _________________________________ 1046, 1187,1610
37-McDonough ______ - ____________________ --------- 483,539,593 47-Valdosta_ _. __________________________________ . _ 483,795,824 24-Edison_ _________ ________________ ______________ 511, 582, 615 68-Monroe __________________________________________ 781,969,1071
87-Hiram_ ___ ___ ______ _______ ________ ________ .782,1141,1203,1204 115-Atlanta, repeaL __________ ... ____ ___________ _____ 919,987,1022 123-Decatur, amend ___________ .. _________________ 920,1234,1565,1566 114-Alpharetta, amend ___________________________ 937,1141,1256
INDEX
1665
121-Mountain Park, amend __________________________ 937,1142,1204 13Q-Valdosta, amend ___________________________ 1046, 1142,1204,1205 152-Atlanta, amend__________________________________ 1205,1440 154-Atlanta, amend __________________________________ 1206,1324,1441 159-Claxton, amend _________________________________ 1256,1279,1442 164-Louisville, amend _______________________________ 1257, 1325,1370 153-Atlanta, amend__________ ______________________ 1285,1440 127-Toccoa, amend __________________________________ 1072,1142,1204
CHIROPODY53-To regulate practice oL _____________ ------------
759,885
CHIROPRACTORS82-To regulate practice oL _____________________ -----
782,88~
CODE AMENDMENTS TO CODE OF 191Q36-County Judges__________________________________
483,969
48-Salary, County Judges__________________________
511,823
31-Property assessed for taxes ________ .583,855,1051,1052,1602,1605
51-Natural oyster beds_____________________________
937
13-Feeding stufL __________________________________ 407, 615, 1050
144-RoadDuty ______________________________________ l205,1369,1449
16G-State Depositories, Security ________________ 1256, 1325,1573,1575
142-State Fire Inspector_____________________________ 1285,1325
122-Abandonment of Children______________________
1372
156-RoadDuty______________________________________ l373,1437,1553
COMMISSIONERS OF ROADS AND REVENUES54-Paulding County, create _______________________ 483,539,593,594 101-Henry County, create___________________________ 796,823,865 117-Habersham County ____________________________ 920,1021,1071 149-Muscogee County, time of meeting_______________ l113,1283,1441 173-Funds, County Board of Education_____________ 1374,1438
COMMISSION, SAVANNAH RIVER NAVIGATION143-To create _______________________________________ _
1373,1440
CONGRESSIONAL, LEGISLATIVE REAPPORTIONMENT92-Reapportion Congressional Districts_892, 934, 974, 1365, 1563, 1584
CONSTITUTIONAL AMENDMENTS20-Economics Workers___ _____ ______ __ _____ __ ___ ___
482,615
58-Consolidation School Districts _______________ 512,677, 1547,1551
59-Board of Education to contract _______________ 512,677, 1553,1556
33-Classification Tax _________ 583, 696, 1076, 1077, 1078, 1079, 1080,
1081,1082,1499
34-Lieutenant Governor_______________________
758,929
8-Increase number of Senators ________865,866,934,1506,1507,1509
1666
INDEX
45-State Board of Education________________________
616,934
95-Limit Powers of Taxation________________________
783,935
52-Assumption of debts ____________________ 937 ,987 ,1376,1380,1387
129-Number of Senators_____________________________ 1372,1439
132-Supreme Court, Court of Appeals_______________ 1373,1440
67-Pay Appropriations to Schools__________________
1442
CONTRACTORS, STATE BOARD OF EXAMINATION FOR41-Tocreate---------------------------------------- 1371,1438
COUNTIES AND COUNTY MATTERS-
162-Fees of coroners in certain counties_____________
1374
124-Tax Assessors, when to meet _________________ 937, 938,1021,1541
15D--Muscogee County, Poor Asylum _________________ 1113, 1283,1370
79-Registration of voters ___________________________ 1145, 1479,1480
COUNTY TREASURERS12D--Dade County, abolish ___________________________ 1145, 1324,1441
3D-Towns County__________________________________ 407,539,593 163-Colquitt County, abolish________________________ 1257, 1283,1329
COURTS, CITY AND COUNTY74--Pelham, amend__________________________________ 617,855,888
76-Camilla, amend__________________________________ 617,855,888 125-Valdosta, amend ________________________________ 971,1021,1071
COURTS, SUPERIOR-
88-Grady County___________________________________
825,1021
135-Fee System, Pataula Circuit _____________________ 972,1021,1509
15-Muscogee County, terms ________________________ 407 ,538,592,593
D
DENTISTS-
17D--Licensesof______________________________________
1442
DEEDS, DECREES, MORTGAGES, ETC.99-Prima facie evidence__________________________ 971, 972,1233,1234
DISTRIBUTION OF ACTS AND JOURNALS43-ToRegulate ____________________________________ _
511,776
E
ELECTIONS AND ELECTION LAWS-
1-Political Party Nominations_____________________
825,968
138-Certificates of registration_______________________
1113
79-RegistrationofVoters ___________________________ l145,1479,1480
EMPLOYEES,STATE-
133-To reduce salaries_______________________________
1046
INDEX
1667
EXPENSES98-0f State employees ____ -------------- ___________ _
825,1368
F
FORESTRY140-Amend laws relating to _________________________ _
1113,1187
G
GAME AND FISH10-County Game Wardens _________________________ 758,854,922, 938
18-Amend Act protecting_ 758, 854, 1082, 1083, 1084, 1085, 1087,
1147' 1148 35-Methods of Fishing___________________________ 759,855,1449,1451
38-General Laws, amend____________________________ 86-Prohibit killing of deer__________________________
759,855 782,856
147-Fish Baskets in certain counties ________________ 147,1479,1543
GEOLOGY140-Amend Laws relating to ________________________ _
1113,1187
H
HEALTH LAWS65-Create Atlanta Sanitary District________________ _
919,1439
IDGHWAYS, PUBLIC26-Venue of suits against Highway ________________ _
21-Reorganize State Department___________________ _ 166-Amend system oL ______________________________ _
482 781,968 1374,1438
I
INSURANCE AND INSURANCE COMPANIES90-Settlement of Losses ___________________________ _
91-Employment of Undertaker_ __________ _ 112-Fraternal Benefit Societies _____________________ _
1371,1439 1372,1439 1372,1479
L
LABOR AND LABOR STATISTICS-
27-Workmen's Compensation Act___________________
758,968
71-Workmen's Compensation Act___________________
760
116-Mechanics Lien Law _______ _____ ________ ___ 1045, 1141,1443
LAW3-Regulate practice oL ___________________________ _
62-Abolish common law rule _____________ _ 2 -Admission to practice _________________ _
482,511,920 617,969 776
1668
INDEX
LEGISLATIVE, CONGRESSIONAL REAPPORTIONMENT92-Reapportion Congressional Districts___ 892, 934, 974, 1365, 1563, 1584
M
MARRIAGE AND MARRIAGE LICENSES103-Disabilities removed from ______________ _ 128-Issuance oL ___________________________________ _
971,1234 1112,1368
MILITARY AFFAIRS-
29-Reorganize Department__________________________ 511,538,921
59-Appropriation________ __________
______ 1371, 1438,1543
MOTOR CARRIERS-
66-Motor Vehicle Law, amend _________________ 825,1439,1557,1559
119-Charges, intrastate shipments_
_______ ____
971,1109
96-To regulate_____________________________________ 1112,1368,1578
60-To amend_____________________
___________ _
1371
97-Toregulate__________________ l372,1439,1580,158l,l582,1587,1589
49-To regulate licenses oL __________________________ 1443, 1480
p
PARTIES, POLITICAL-
134-Regulating organization of ______ _
971
POOR, MUSCOGEE ASYLUM FOR150-To abolish __ ----------------------------------_ 1113,1283,1370
PRACTICE AND PROCEDURE26-Venue of Suits, Highway Department_ _________ _ 102-Filing of Bills of Exception___ __________ _ 128-Marriage Licenses, issuance oL ___________ _ 165-Action ex delicto _______________________________ _
482 1112,1439 1112,1368 1374,1438
PROHIBITIONIll-Amend laws relating to _________________________ _
1442
Q
QUASI PUBLIC CORPORATIONS53-Make financial returns ____________________ 759,823,921,922,926
R
RAILROADS-
61-Regulate operation oL _____ -------------------- 759,823,1507
119-Charges on intrastate shipments________________
971,1109
96-Toregulate______________________________________ lll2,1368,1578
INDEX
1669
REAPPORTIONMENT, LEGISLATIVE AND CONGRESSIONAL92-Reapportion Congressional Districts ____________ 892, 934, 974, 1365,1563,1584
s
SCHOOLS AND SCHOOL LAWS-
6-Amend School Code ____________________________ _ 482,615,922
47-City of Valdosta________________________________ _ 483,795,824
45-Qualifications of certain employees _____________ _ 616,934,1115
85-Kindergartens__________________ -- ______ -- _- __ ---
782,885
no-Establish School for colored girls _______________ _
866,987
SECURITIES LAW, GEORGIA29a-To amend _______________________ --------- _____ _
781,934
SUPPORT,PARENTAL-
118-Toenforce _____________________________________ _
971
T
TAX COLLECTORS AND TAX RECEIVERS4-Grady County, abolish__________________________ 538,592,1147 25-Carroll County, consolidate_____________________ 582,677,701 73-Mitchell County, abolish _______________________ 617,855,887 ,888 69-Walton County, abolish _________________________ 782,1021,1045
104-Lumpkin County, abolish _______________________ 797,1021,1440
!58-Lowndes County, consolidate ___________________ 1206,1283,1329 157-Milton County, abolish _____________________ 1256,1283,1328,1329
TAXES AND TAX LAWS-
42-Fuel Distributors______________________________ _ 483,758,1484
50-Exempt certain property from __________________ _
759
95-Limit General Assembly in _____________________ _ 176-Exemptions ____________________________________ _
783,935 1443
u
UNIVERSITY OF GEORGIA AND BRANCHES64-Allow Trustees to borrow_______________________ _
w
760,885
WELFARE, STATE BOARD OF PUBLIC-
145-Amend acts relating 00--------------------------
1373,1440
1670
INDEX
PART IV.
SENATE RESOLUTIONS.
1-Joint Session___________________________________
24
3-Committee Arrange Inauguration________________
28
6-Escort Governor_________________________________
29
18-Joint Session June 29________________________________________ _
7-American Legislators' Association_______________
289,856
12-Locomotive Firemen Convention_________________
289,328
26-General Assembly, invitation to Athens_________ 27-Franklin D. Roosevelt___________________________ 28-Hon. Walter F. George___________________________
289 290,304
329
29-Dosia H. Brooks, her works______________________
340
8-Amend Constitution ____________________ 328,678,1215,1491,1496
16-Relieve D. Coolik, Surety________________________ 582,649,1056
37-Committee, Study University of Georgia_________
583
42-Century of Progress Commission________________ 616,758,1023
20--Co-operative extension work _____________ 633,649,1056,1072,1073
44-Hon. Walter F. George___________________________
748
43-Adopt Code of 1932 ___________________________ 738,886,1215,1330
34-Blue Springs Road______________________________ 825,968,1444 48-Relieve J. F. Wilkinson, surety __________________ 1111,1142,1259 50--W. & A. Commission ________________________ 1112,1186,1375,1376
56-Federal Farm Board_____________________________
1205
57-200th Anniversary of Georgia ____________________ 1205,1368,1480
60--Justice Courts, Richmond County _________ 1371,1438,1544,1547
61-Naming Official Bird of Georgia_________________ 1371,1479
67-Appropriation to Common Schools______________
1442
70--Preference to Georgia Products__________________
1462
59-Military Department _____________________________ 1371,1438,1543
Notify Governor_________________________________
1630
75-General Assembly, adjourn sine die ____________ _
1631
3-Joint Session of General Assambly _____________ _
24