Journals of the ten-day special session and the regular session of the House of Representatives of the State of Georgia 1935 placed between the covers of two volumes, volume I

JOURNALS
of the
Ten-Days Special Session
and the
Regular Session
of the House of Representatives of the State of Georgia
1 935
Placed Between the Covers of Two Volumes.
Journal of Special Session from Pages 3 to 469 Inclusive, Volume I.
Journal of Regular Session from Pages 472 to 1588 Inclusive, Volume I
Followed by the Appendix And Pages 1589 to 3077, Inclusive, Volume II
Followed by the Appendix and Index.

JOU~NAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT THE
SPECIAL TEN-DAYS SESSION
OF THE
GENERAL ASSEMBLY
Commenced at Atlanta, Monday, January 14, 1935.
1935 STEIN PRINTING CO., STATE PRINI'ERS
ATLANTA, GA.

3

JOURNAL

Representative Hall,Atlanta,Ga.,

Monday, January 14, 1935.

The Representatives-elect ot the General Assembly ot Georgia tor the years 1935-1937,met pursuant to law in the Hall of the House ot Representatives at 10:00 otclock,A.M.,this day,and were called to o~er by Honorable Andrew J.Kingery ot Emanuel Clerk ot the last House ot Representatives. The invocation was delivered by Dr.J.Walter Hendricks,ot Savannah, Elder of the Primitive Baptist Church.

The Secretary of State.transm1tted to the Clerk, the following list of names ot the Representativeselect:

To the Honorable Clerk, House ot Representatives, State Capitol Atlanta, Georgia.

Dear Sir:



I hereby certity that the five pages of type-

written matter attached hereto contain a true list

ot the Members ot the House ot Representatives of

the State ot Georgia,tor the years 1935 and 1936,

elected in the general election held November 6,

1934,as shown by the consolidated returns ot said

election,which returns are on tile in this office,

the name ot the county being given,and opposite,the

name ot the R~presentative elected,except1ng the

counties ot Appling and McDuffie, a separate certif-

icate being made tor each of these counties.

I hereby certify that I have been officially .

notified that a contest has been filed and proceed-

ings ot same filed in the Executive Department,w1th

4

JouRNAL oF THE HousE,

reference to the election of a Member of the House of Representatives of the State of Georgia for the years 1935 and 1936,in the geDeral election held November 6,1934,in the county of Appling and the county of McDuffie. I further certify that the consolidated returns of said election for the counties of Appling and McDuffie,on file in this office,show the following:

APPLING COUNTY.

FOR REPRESENTATIVE GENERAL ASSEl'illLY:

G.A. Ray H.L. Williams

received 443 votes, received 526 votes.

McDUFFIE COUNTY

FOR REPRESENTATIVE GENERAL ASSEMBLY:

Joe Goolsby Wyman C. Lowe

received 141 votes, received 3 votes.

IN TESTIMONY WHEREOF,! have hereunto set my hand and affixed the seal of my office,at the Capitol, in the City of Atlanta,this Fourteenth day of January, 1935.
John B. Wilson

Secretary of State.

Members House of Representatives 1935 - 1936, Elected in the general election held November 6, 1934.

County

Name

Appling ...... Atkinson .A.T. Minchew Bacon c.A. Williams Baker Roy Salter Baldwin .Marion H. Allen Baldwin J.H. Ennis Banks Floyd Lewallen

l\foNDAY, JANUARY 14, 1935.

5

County

Name

Barrow J.Verlyn Booth

Bartow Bartow

. ...

Ww.isl.liaPmeeHb.l

Felton es

Ben Hill W.M. Rawlins

Berrien.J.H. Swindle

Bibb ..L.U. Bloodworth

Bibb ... Chas. L. Bowden

Bibb .R.H. Freeman

Bleckley ." Guy D. Jackson

Brantley W~H. Jones

Brooks W.R. Blease

Brooks T.R. Moye

Bryan D.B. Warnell

Bulloch .A.M. Deal

BullochP.H. Preston, Jr.,

Burke J.J. Bargeron

Burke ..Ralph E. Lewis

Butts .E.S. Settle

Calhoun J.M. Clements

Camden . Q.L. Claxton

Candler ..J.A. Gardner

Carroll .W.L. Garrett

Carroll George W. Camp .

catoosa ..Grady Head

Charlton T.W. Wrench

Chatham c Spence M. Grayson

Chatham.Girard M. Cohen

Chatham .... Frank A. McNall

CChhaattttaohoogoacheeGDri.lCbhearst .Ns..

Howard Holland

Cherokee John Teasley

Clarke .Jake B. Joel

Clarke .. carlisle Cobb

Clay . Chester Gavin

Clayton ... H.Grady Moore

Clinch w.v.Musgrove

Cobb .James T. Manning

Cobb Samuel J. Welsch

Coffee T.V. Williams

Colquitt ...J.C. Parker

Colquitt Milton A. Shirah

Columbia J.L. Weeks

6

JouRNAL o1 THE HousE,

County

Name

Cook w.F. Patten Coweta .Ellis G. Arnall Coweta Stonewall Dyer Crawford .E.S. Harrison Crisp .W.H. Dorris Dade J.M.C. Townsend Dawson R.B. Whitmire Decatur s.M. Griffin Decatur .E.M. Mills DeKalbPaul L. Lindsay DeKalb Carl N. Guess DeKalb David Ansley Dodge R.M. McCranie Dodge A.R. Ross Dooly R.L. Newby Dougherty A.N.Durden Dougherty George L. Sabados Douglas M.J. Morris Early Joseph Freeman Echols I.F. Culpepper Effingham Fred B. Gnann ElbertT.F. Kelley Emanuel .John B. Spivey Emanuel Alonzo H. Woods Evans R.E. DeLoach Fannin R.T. Hampton Fayette .J.W. Culpepper Floyd R.C. Anderson FloydCarl Griffin FloydTom Willingham Forsyth John D. Black Franklin worley Adams Fulton wm. B. Hartsfield Fulton Ralph L. Ramsey Fulton Bond Almand Gilmer w.L. Parks Glascock.: B.A. Hooks Glynn S.Hadley Brown
Gordon Jule c. Neal
Grady J.P. Swann Greene Lawrence Brown Gwinnett F.Q. Sammon

Mo:-.o.>.Y, Jo\NUARY 11, 1935.

7

County

Name

Gwinnett E.L. McKelvey

Habersham..J.B. Jackson

Hall ..J.Hudson Terrell

Hall ..Victor H. West

Hancock M.G. Pound

Haralson G.N. Moore

Harris G.B. Saunders

Hart T.O. Herndon

Heard Jeptha H. Parham

Henry E.L. Reagan

Houston J.P. Etheridge

Irwin ... D.J. Henderson

Jackson . H. Odell Williams

Jackson R8D. Brooks

Jasper . Jeff Davis .

Ls..wo..

Benton, Martin

Jr.

Jefferson J.Roy McCracken

Jenkins E.G. Weathers
Johnson c.s. Claxton Jones c.c. Williams

Lamar .W.H. Mitchell

Lanier E.D. Rivers

Laurens Rufus I. Stephens

Laurens Rubert L. Hogan
Lee c.c. Ansley

Liberty Paul E. Caswell

Lincoln L.C. Groves

Long Lowndes

MThreso.Hwe.lenCoWlemilalinams

Coxon

Lowndes H.B. Lumpkin . Fred

Ec.dwJaorndes s

McDuffie

I"iclntosh ... H.G. Atwood

Macon ................A.A. l'larshall

Madison L.M. Smith

Marion Meriwether

JJa.mS.esBsu.rgPineters

Meriwether R.A. r~IcGraw

Miller I.B. Bush

Mitchell . E.M. Davis

.Mitchell F.B. Hand

Monroe A.N. Zellner

8

JouRNAL oF THE HousE,

County

Name

Montgomery Clifford .l'lcBride

Morgan .......Harold Dobbins

Murray .F.S. Wilson

Muscogee B.O. Brinson

Muscogee .W.A. Leonard

Muscogee J.R. Thompson, Jr.

Newton R.P. Campbell

Oconee ~.L. Bond

Oglethorpe T.R. Watkins

Paulding . H.H. Watson

Peach w.G. Brisendin

Pickens carl Darnell

Pierce L.H. Oden

Pike L.M. Brown

Polk ...W.H. Mundy

Polk Chas.~-1. Peek

Pulaski J.F. Lee

Putnam. F.S. Batchelor

Quitman Marion Toms

Rabun Lamar Green

Randolph Richmond

.ROolyinvH. amHmaorcrkis

Richmond Hilmer D. Lanier

Richmond .William K. Barrett

Rockdale w.T. Dean

Schley H.Willis Hogg

Screven H.L. Howard

Seminole J.E. Johnson

Spalding W.G. Milam

SpaldingJ.J. Flynt

Stephens w.c. Edwards

Stewart D.G. Bland

Sumter T.J. Young

Sumter R.H. Horton

Talbot John B. Douglass

Taliaferro F.G.~itchell 1 Sr.

Tattnall J.D. Bradley

TaylorE.F. Parr

Telfair .J.K. Whaley

Terrell George Gammage

Thomas H.R. Bannister

Thomas . Thomas Tipton

:\Jo:-WAY, JANUARY 14, 1935.

9_

County

Name

Tift .M.S. Patten

Toombs R.E.L. Mann

Towns J.E. Barnard

TreutlenJames Fowler

Troup .M.E. Groover

Troup Duke Davis

Troup J.R. Terrell, Jr.

TurnerT.S. Thrasher

Twiggs .E.Y. Mallory

Union Upson

wJam.s.esJoNh. nPstaornker

Walker E.A. Leonard

Walker .J .A. Sartain

Walton J.T. Preston

Walton E.L. Almand

Ware John w. Bennett, Jr.

Ware Russell Twitty

Warren Joel H. Terrell

WashingtonMarvin P. Scruggs

WashingtonR.H. (Jeff) Gilbert

Wayne J.P. Shedd

Webster W.M. Smith

Wheeler J.McRae Clements

White E.C. Hefner

WhitfieldKelly McCutchen

Wilcox w.T. Standard

Wilkes Clement E. Sutton

WilkinsonA.W. Daughtry

Worth Leon Houston

Worth T.R. Perry, Jr.

The roll of counties was called and the Representatives-elect came forward to the bar of the House of Representatives,and took the oath of office; which oath was administered by Justices W. Frank Jenkins,and John B.Guerry of the Court of Appeals of Georgia.
The next business being t~he election of a Speaker, hr.Harris of Richmond placed the name of Honorable E.D.Rivers of Lanier in nomination,and the nomination was seconded by Messrs. Bland of Stewart,Culpepper of Fayette,Flynt of Spalding,Edwards of

10

JouRNAL OF THE HousE,

Lowndes, Thompson of Muscogee,Mrs.Coxon of Long, Lindsay of DeKalb, Spivey of Emanuel, Lanier of Ricl1mond,ahd Cobb of Clarke.

Mr.Williams of Bacon moved that the nominations be closed,and the motion prevailed.
The roll call was ordered and the vote was as follows:
'!'hose voting for I1r. Rivers were Messrs.:

Allen Almand of Fulton Almand of Walton Ansley of DeKalb Ansley of Lee Arnall Atwood Bannister Bargeron Barnard Barrett Batchelor Bennett Benton Bond Booth Bowden Black Bland Blease Bloodworth Bradley Brinson Brisendine Brooks Brown of Glynn Brown of Greene Brown of Pike Burgin Bush Camp Campbell caswell

Claxton of Camden Claxton of Johnson Clements of Calhoun Clements of Wheeler Cobb Cohen Coleman Coxon Culpepper of Echols CUlpepper of Fayette Darnell Daughtry Davis of Troup Deal Dean DeLoach Dobbins Dorris Douglass Durden Dyer Edwards of Lowndes Edwards of Stephens Ennis Etheridge Felton

Flynt Fowler Freeman of Early Gammage Gardner Garrett Gavin Gilbert Gnann Grayson Green Griffin of
Decatur Griffin of Floyd Groover Groves Guess Hammock Hampton Hand Harris Harrison Hartsfield Herndon Head Hefner Henderson Hogan Hogg Holland Hooks Horton Houston

l\JoNDAY, jANUARY 14, 1935,

. 11

Howard of Screven Neal

Jackson of Bleckley Oden

Jackson of Haber- Parker of

sham

Colquitt

Joel

Parker of

Johnson

Union

Johnston

Parks

Jones of Brantley Patten of Cook

Jones of Lumpkin Patten of Tift

Kelley

Peebles

Lanier

Peek

Lee

Perry

Leonard of

Peters

Muscogee

Pound

Leonard of Walker Preston of

Lewallen

Bulloch

Lewis

Preston of

Lindsay

Walton

McBride

Ramsey

McCracken

Rawlins

I"lcCu t c h e n

Reagan

McGraw

Ross

McKelvey

Sabados

NcNall

Salter

Iiallory

Sammon

t'lann

Sartain

.Manning

Scruggs

Marshall

Settle

Martin

Shedd

t'linchew

Shirah

Mitchell of Lamar Smith of

Mitchell of

Madison

Taliaferro

Smith of

Moore of Clayton Webster

Moore of Haralson Spivey

Morris

Standard

Moye

Stephens

I'1undy

Sutton

Musgrove

Swann Swindle Teasley Terrell of Hall Terrell of Troup Terrell of Warren Thompson Thrasher Tipton Toms Townsend Twitty Warnell Watkins Watson Weathers Weeks Welsch West Whaley Whitmire Williams of Bacon Williams of Jackson Williams of Jones Willingham Wilson Woods Wrench Young Zellner

G) See Appendix,Volume I ,for those not voting.

Rivers l94

12

JouRNAL oF THE HousE,

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

Upon consolidating the votes cast it was round that Mr.Rivers had received 194 votes,being the entire number of votes cast.

The Honorable E.D.Rivers or Lanier,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:

Messrs. Harris of Richmond, Chairman, Edwards of Lowndes, Jackson or Bleck]Ay, Parker of Colquitt, Ennis of Baldwin, Flynt or Spalding, and Grayson of Chatham.

The Speaker was escorted to the Speaker's stand by the Committee.

The next order or business being the election or a Clerk of the House, Mr.Jones of Lumpkin placed in nomination the name of Andrew J.Kingery of Emanuel, which was s.econded by Messrs.Arnall of Coweta, Groves of Lincoln,Woods of Emanuel,Peebles of Bartow,Milam of Spalding and Freeman of Early.

Mr. Bannister of Thomas 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. Kingery were Messrs.:

Adams

Ansley of DeKalb Bargeron

Allen

Ansley of Lee Barnard

Almand of Fulton Arnall

Barrett

Almand of Walton Atwood

Batchelor

Anderson

Bannister

Benton

13

Bond

Edwards of

Booth

Lowndes

Bowden

Edwards of

Black

Stephens

Bland

Ennis

Blease

Ethridge

Bloodworth

Felton

Bradley

Flynt

Brinson

Fowler

Brisendine

Freeman of Bibb

Brooks

Freeman of Early

Brown of Glynn Gammage

Brown of Greene Gardner

Burgin

Garrett

Bush

Gavin

Campbell

Gilbert

Caswell

Gnann

Claxton of

Grayson

Camden

Green

Claxton of

Griffin ot

Johnson

Decatur

Clements of Griffin of Floyd

Calhoun

Groover

Clements of Groves

Wheeler

Guess

Cobb

Hammock

Cohen

Hampton

Coleman

Hand

Coxon

Harris

Culpepper of Harrison

Echols

Hartsfield

Culpepper of Herndon

Fayette

Head

Darnell

Hefner

Daughtry

Henderson

Davis of Troup Hogan

Deal

P.ogg

Dean

Holland

DeLoach

Hooks

Dobbins

Horton

Dorris

Houston

Durden

Howard of

Dyer

Screven

Jackson ot Bleckley Jackson ot Habersham Johnson Johnston Jones of Brantley Jones ot Lumpkin Kelley Lanier Lee Leonard ot Muscogee Leonard ot Walker Lewallen Lewis Lindsay McBride McCracken licCranie McCutchen McGraw McKelvey .licNall liallory Mann Manning liarshall liartin Milam Mills Minchew Mitchell ot Lamar Mitchell ot Taliaferro Moore ot Clayton Moore ot Haralson Moye
Mundy
Musgrove Neal Newby

14

JouRNAL oF THE HousE,

Parham

Scruggs

Warnell

Parker of

Shedd

Watkins

Colquitt

Shirah

Watson

Patten of Cook Smith of Madison Weathers

Patten of Tift Smith of Webster Weeks

Peebles

Spivey

Welsch

Peek

Standard

West

Perry

Stephens

Williams of

Peters

Sutton

Bacon

Pound

Swann

Williams of

Preston of

Swindle

Coffee

Bulloch

Teasley

Williams of

Preston of

Terrell of Hall Jackson

Walton

Terrell of Troup Williams of

Ramsey

Terrell of

Jones

Rawlins

Warren

Willingham

Reagan

ThorEpson

Wilson

Ross

Thrasher

Woods

Sabados

Tipton

Wrench

Salter

Toms

Young

Sammon

Townsend

Zellner

Sartain

Twitty

See Appendix, Volume I ,for those not voting.

Kingery . ........................... 189

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

Upon consolidating the votes cast it was found that ~tr.Kingery had received 189 votes,being the entire number of votes cast.

Honorable 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 Spe.aker appointed the follCJNing Conmittee to escort the Clerk to the Clerk's stand:
Messrs. Jones of Lumpkin, Woods of Emanuel, Peebles of Bartow, Fowler of Treutlen, Hand of Mitchell.

15
The Clerk was escorted to the Clerk's stand by the Committee.
The following message was received from His Excellency,Governor Eugene Talmadge,through Honorable Carlton Mobley,Executive Secretary:
Jan. 11, 1935. Hon. ~d Rivers~ Speaker, House of Representatives, State Capitol, Atlanta, Ga. Dear Mr. Rivers: Hon. G.A.Ray~ of Appling County, Georgia, has filed notice as required by law,with me~protesting the seating of Hon.H.L.Williams as representative in the House of Representatives of the General Assembly of Georgia from Appling County. As required by law,I hand you herewith his notice of contest,together with all records that have been filed with me in connection with said contest.
Very truly yours, Eugene Talmadge, Governor.

16

JouRKAL or THE HousE,

Jan. 11, 1935. Hon. Ed hivers, Speaker, House of Representatives, State Capitol, Atlanta, Ga. Dear Mr. Rivers:
I hand you herewith notice of contest of the election of Hon. Joe Goolsby,as representative in the House of Representatives of the General Assembly of Georgia from McDuffie County,which was filed by Hon.Wyman C.Lowe,with me as required by law.
The enclosures represent everything that has been filed in this office in connection with this contest.
Very truly yours, Bugene Talmadge, Governor.
The following resolutions of the House were read and adopted: By .Messrs. Harris of Richmond,and Spivey of Emanuel-
House Resolution No.1. Be it resolved by the House,that the Clerk be and he is hereby instructed to notify the Senate that the House has convened and organ1zed by the election of the Honorable E.D. Rivers of Lanier as Speaker,and the Honorable Andrew J.Kingery as Clerk. By Messrs. Harris of lUchrriond,Edwards of Lowndes,
and Cobb of ClarkeHouse Resolution No.2. Be it resolved by the House, the 3enate cone urring, that a COillilli ttee of five,three to be appointed by the Speaker of the House,and two by the President of the Senate, be appointed to notify the Governor that the General Asser;Jbly has organized and is ready for the trans-

.\J O~IJ\Y, J'< ~CARY 11, 19:~:i.

17

action of business. The Speaker appointed on the part of the House,
the following members of the House, to-wit: Messrs. Harris or Richmond, Edwards of Lowndes, Spivey of Emanuel.

The next order of business being the election of a Speaker Pro Tern. of the House, Mr.Dyer of Cowe~a placed in nomination the name of Honorable Ellis G. Arnall of Coweta,which nomination was seconded by Messers Allen of BaldwiniPreston of Bulloch,Ansley of DeKalb,Daughtry of Wi kinson,Houston of Worth, Watkins of Oglethorpe,l'jcGraw of Meriwether,Joel of Clarke,and Thrasher of 1urner.

~tr.Freellian of Early 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. Arnall were Messrs. :

Adams

Bloodworth

Cobb

Allen

Bradley

Cohen

Almand of fulton Brinson

Coleman

Almand of Walton Brisendine

Coxon

Ansley of DeKalb Brooks

Culpepper of

Ansley of Lee Brown of Glynn Echols

Atwood

Brown of Greene Culpepper of

Bannister

Brown of Pike Fayette

Bargeron

Bur;;in

Darnell

Barnard

Bush

Daughtry

.Barrett

Car:.p

Davis of Trcup

Batchelor

Caswell

Desl

Bennett

.Claxton of

Dean

Ben ton

CC:.n;(1en

DeLoach

Bond

Claxton of

::,obbins

Looth

Jolmson

Dorris

Bowden

Cle~ents of

Douglass

Glack

C;.::,lllo:..m

:Jure: en

Bland

CleLents of

t.Jyer

1::3lease

..:ne;:ler

l:.:c :ards of

::3r.ephens

18

JouRNAL OF THE HousE,

Ennis

Etheridge

B,el ton

Flynt

Fowler

Freeman of Bibb

Freeman of Early

Gammage

Gardner

Garrett

Gavin

Gilbert

Gnann

Grayson

Green

Griffin of

Decatur

Griffin of Floyd

Groover

Groves

Guess

Hampton

Hand

Harris

Harrison

Hartsfield

Herndon

Head

Hefner

Henderson

Hogan

Holland

Hooks

Horton

Houston

Howard of ~creven

Jackson of

Bleckley

Jackson of

Habersham

Johnson

Johnston

Jones of Kelley

Brantley

Lanier Lee Leonard of
Muscogee Lewallen Lewis Lindsay McBride Mccracken McCranie McCutchen McGraw McKelvey McNall Mallory Mann Manning Marshall l'1artin Milam Mills Minchew Mitchell of
Lamar Mitchell of
Taliaferro Moore of
Clayton Moore of
Haralson Morris Mundy Musgrove Neal Oden Parham Parker of
Colquitt Parker of Union Parks Parr PPaatttteenn ooff CToiofkt

Peebles Peek Perry Peters Pound Preston of Bulloch Preston of Walton Ramsey Rawlins Reagan Ross Sabados Salter Sarmnon Sartain Scruggs Settle Shirah Smith of Madison Smith of Webster Spivey standard Stephens Sutton Swann Swindle 1'easley Terrell of Hall Terrell of Troup Terrell of Warren Thompson Thrasher Tipton Toms Townsend Twitty Warnell Watkins

:\JOXDW, JANCARY 11, 193;),

19

Watson

Williams of

Willingham

Weathers

Bacon

Wilson

Weeks Welsch

Williams of Coffee

Woods Wrench

West

Williams of

Young

Whaley

Jackson

Zellner

Whitmire

Williams of

Jones See Appendix ,Volume I ,for those not voting.

_l\.rnall ............................... 187

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

Upon consolidating the votes cast,it was found that .Mr.Arnall had received 187 votes,being the entire number of votes cast.

Honorable Ellis G.Arnall of Coweta having received a majority of all the votes cast,was declared elected Speaker Pro Tempore for the ensuing term of two years.

The Speaker appointed the following Com~ittee to escort the Speaker Pro Tern. to the Speaker's stand:

Messrs. Daughtry of Wilkinson, Groves of Lincoln, .Mundy of Polk, Garrett of Carroll, Bland of Stewart.

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

Ilr. Speaker:

The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate to wit:

By Senator Scott of the 7th District:

~e~~te ~esolution No.1. A resolution to notify

20

JouRNAL OF THE HousE,

the House of Representatives that the Senate has convened and has organized by the election of Honorable Charles D.Redwine,of the 26th District,as President,and John W.Hammond of the County of Bibb as Secretary,and is ready for the transaction of business.

By Senator Dickerson of the 5th District:

Senate Resolution No.2. A resolution that a committee of five: two from the Senate and three from the House,be appointed by the President and the Speaker,respectively,to wait upon His Excellency, the Governor,and inform him that the General Assembly has convened,organized and is now ready for business.

The President has appointed as a committee on the part of the Senate Senators Kiker of the 41st district and Carrington of the 27th district.

The next order of business being the election of a Messenger of the House, Mr.Sammon of Gwinnett placed in nomination the name of Hon.Patrick J. Avery of Gwinnett,which nomination was seconded by Messrs. Booth of Barrow,Barrett of Richmond and Wat~ins of Oglethorpe.

Mr.Pound of Hancock 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. Avery were Messrs.:

Adams

Arnall

Bowden

Allen

Atwood

Bland

Almand of

Bannister

Blease

l<..,ulton

Bargeron

Bradley

Almand of

Barrett

Brinson

Walton

Batchelor

Brisendine

Anderson

Bennett

Brooks

Ansley of

Benton

Brown of Glynn

DeKalb

Bond

Brown of Greene

Ansley of Lee Booth

Brown of Pike

MoNDAY, jANUARY 14. 1935.

21

Bush Camp Campbell Caswell Claxton of Camden Claxton of Johnson Clements of Calhoun Clements of Wheeler Cobb Cohen Coleman Coxon Culpepper of Fayette Daughtry Davis of Troup Deal Dean DeLoach Dobbins Dorris Douglass Durden Dyer Edwards of Stephens Ennis Etheridge Felton Flynt Fowler Freeman of Bibb Freeman of Early Gammage Gardner Garrett Gavin Gilbert Gnann

Grayson Green Griffin of
Decatur Griffin of Floyd Groover Groves Guess Hannnock Hampton Harris Harrison Hartsfield Herndon Head Hefner Henderson Hogan Hogg Holland Hooks Horton Houston Howard of
Screven Jackson of Bleckley Jackson of Habersham Johnson Johnston Jones of Brantley Jones of Lumpkin Kelley Lanier Lee Leonard of 1'1u.scogee Leonard of Walker Lewallen Lewis Lindsay

McBride McCracken McCutchen McGraw McKelvey McNall !1a.llory Manning Marshall l'1artin Milam Mills Minchew Mitchell of
Lamar Mitchell of
Taliaferro Moore of Clayton. Moore of Haralson Morris M.oye Mundy Musgrove Neal Newby Oden Parham Parker of Col-
quitt Parker of Union Parks Patten of Cook Patten of Tift Peebles Peek Perry Peters Pound Preston of Bulloch Preston of Walton Ramsey Rawlins

22

JouRNAL OF THE HousE,

Reagan

Teasley

Whaley

Ross

Terrell of Hall Whitmire

Sabados

Terrell of Troup Williams of

Salter

Terrell of

Bacon

Sammon

Warren

Williams of

Sartain

Thompson

Coffee

Scruggs

Thrasher

Williams of

Settle

Tipton

Jackson

Shedd

Toms

Williams or

Shirah

Townsend

Jones

Smith or

Twitty

Willingham

Madison

Warnell

Wilson

Smith of Webster Watkins

Woods

Spivey

Watson

Wrench

Stephens

Weathers

Young

SUtton

Weeks

Zellner

SWann

Welsch

SWindle

West

@See Appendix,Volume !,for those not voting.

Avecy ........................186

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

Upon consolidating the votes cast,it was round that t~.Avery had received 186 votes,being the entire number of votes cast.

Honorable Patrick J.Avery of Gwinnett having received a majority of all the votes cast was declared elected Messenger of the House for the ensuing term of two years.

The Speaker appointed the following committee to escort the Messenger to the Speaker's stand:

Messrs. Sammon of Gwinnett, Watkins of Oglethorpe, Booth of Barrow.

'rhe next order of business being the election of a Doorkeeper of the House,Mr.Edwards of Lowndes placed in nomination the name of Hon.c.C.Porter of Lumpkin,which nomination was seconded by Messrs.

MoNDAY, JANUARY 14, 1935.

23

Parker of Colquitt,Hampton of Fanniniand Batchelor of Putnam. Mr.Harrison of Crawford p aced in nomination the name of Fred McDuffie of Telfair, which nomination was seconded by Messrs. Johnston of Upson, Ross of Dodge, Gilbert of Washington,and Bowden of Bibb. Mr.Culpepper of Fayette placed in no~ ination the name of Hon.R.S.Talmadge of Jasper, which nomination was seconded by Mr.Lindsey of DeKalb. Mr.McKelvey of Gwinnett placed in nomination the name of Hen. Davenport of Gwinnett.

Mr.Herndon of Hart 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.Davenport were Messrs.:

Joel McKelvey

Parham

Sanmon

Those voting for Mr.McDuffie were Messrs.:

Almand of Fulton Barrett Bennett Booth Bowden Bloodworth Bradley Brinson Brisendine Brown of Glynn Campbell Caswell Claxton of Johnson Clements of calhoun Clements of Wheeler Deal Dean

DeLoach Dorris Douglass Durden Edwards of Stephens Etheridge Felton Freeman of Bibb Gammage Garrett Gilbert Groover Groves Guess Hammock Hand Harrison Herndon

Hogan Hogg Holland Hooks Horton Howard of Screven Jackson of
Blackley Johnston Jones of Brantley Kelley Leonard of Mus-
cogee Leonard of Walker Lewis McBride McCracken McCranie

24

JouRNAL oF THE HousE,

McCutchen

Patten of Cook

McGraw

Peebles

McNall

Peek

Mallory

Preston or

Mann

Bulloch

Martin

Rawlins

Mitchell of

Reagan

Lamar

Ross

Moore of Clayton Salter

Morris

Shedd

Moye

Smith or

Mundy

Madison

Neal

Standard

Newby

Stephens

Oden

Sutton

Parr

SWindle

Terrell of Warren Thompson Thrasher Tipton Toms Twitty Warnell Welsch Williams or Bacon Woods Wrench Young Zellner

Those voting for Mr. Porter were Messrs.:

Adams Anderson Ansley of Lee Bannister Barnard Batchelor Benton Bond Black Brooks Brown of Pike Burgin Camp Claxton of
Camden Cohen Coleman Culpepper of Echols Darnell

Dyer

Musgrove

Edwards or

Parker of

Lowndes

Colquitt

Fowler

Parker of Union

Gardner

Parks

Gnann

Perry

Griffin or Floyd Sartain

Hampton

Shirah

Harris

Spivey

Hefner

SWann

Houston

Teasley

Jackson of

Terrell or Hall

Habersham

Watson

Jones of

Weathers

Lumpkin

West

Lanier

Williams of

Lee

Coffee

Lewallen

Williams of

Manning

Jackson

Minchew

Willingham

Wilson

MoNDAY, jANUARY 14, 1935.

25

Those voting for Mr. Talmadge were 11essrs.:

Almand of Walton Gavin

Patten of Tift

Atwood

Grayson

Pound

Bargeron

Green

Preston of Walton

Bland

Griffin of

Ramsey

Blease

Decatur

Sabados

Brown of Greene Hartsfield

Scruggs

Bush

Head

Settle

Cobb

Henderson

Smith of Webster

Coxon

Lindsay

Terrell of Troup

Culpepper of Marshall

Townsend

Fayette

Milam

Weeks

Daughtry

Mills

Williams of

Davis of Troup Mitchell of

Jones

Ennis

Taliaferro

Flynt

Moore of

Freeman of Early Haralson

see AJ?pendix,Volume !,for those not voting. By unanimous consent the verification of the roll

call was dispensed with.

Upon consolidating the votes cast,it was found that Mr.Davenport received 4 votesL Mr.McDuffie 93 votes, Mr.Porter 53 votes,and Mr. Talmadge 40 votes.

Neither of the candidates having received a maJority of the votes cast, the roll c all was again ordered and the vote was as follows:

Those voting for Mr. Porter were Messrs.:

Adams Allen Anderson Ansley of Lee Barnard Batchelor Benton Bond Black Blease Brooks Brown of Pike

Burgin

Dyer

Camp

Edwards of Lowndes

Claxton of Fowler

Camden

Freeman of Early

Cohen

Gardner

Coleman

Gavin

Culpepper of Gnann

Echols

Grayson

Culpepper of Green

Fayette

Griffin of Decatur

Darnell

Griffin of Floyd

Davis of Troup Hampton

'26

JouRNAL or THE HousE,

Harris

McKelvey

Hefner

Manning

Houston

Mills

Jackson of

Musgrove

. Habersham

Parker ot

Johnson

Colquitt

Jones of Lumpkin Parker of Union

Lanier

Perry

Lee

Sartain

Lewallen

Shirah

Lindsay

Spivey

Swann
Teasley Terrell of Hall Terrell of Troup Townsend Watson Weathers West Whitmire Williams of
Jackson Willingham

Those voting for Mr.McDuffie were Messrs.:

Almand of Fulton Daughtry

Hogg

Almand of Walton Deal

Holland

Ansley of DeKalb Dean

Hooks

Atwood

DeLoach

Horton

Bannister

Dorris

Howard of

Bargeron

Douglass

Screven

Barrett

Durden

Jackson of

Bennett

Edwards of

Blackley

Booth

Stephens

Joel

Bowden

Ennis

Johnston

Bland

Etheridge

Jones of

Bloodworth

"Felton

Brantley

Bradley

Flynt

Kelley

Brinson

Freeman of Bibb Leonard of

Brisendine

Gammage

Muscogee

Brown of Glynn Garrett

Leonard of

Brown of Greene Gilbert

Walker

Bush

Groover

Lewis

Campbell

Groves

McBride

Caswell

Guess

McCracken

Claxton of

Hanmock

McCranie

Johnson

Hand

McCutchen

Clements of

Harrison

McGraw

Calhoun

Hartsfield

McNall

Clements of

Herndon

Mallory

Wheeler

Head

Martin

Cobb

Henderson

Milam

Coxon

Hogan

Minchew

o\loNDAY, JANUARY 11, Hl35.

27

Mitchell of

Preston of

Terrell of

Lamar

Bulloch

Warren

Mitchell of

Preston of Walton Thompson

Taliaferro

Ramsey

Thrasher

Moore of Clayton Rawlins

Tipton

Moore of Haralson Reagan

Toms

Morris

Ross

Twitty

Moye

Sabados

Warnell

Mundy

Salter

Watkins

Neal

Sammon

Weeks

Newby

Scruggs

Welsch

Oden

Settle

Whaley

Parham

Shedd

Williams of

Parks

Smith of

Bacon

Parr

Madison

Williams of

Patten of Cook Smith of Webster Jones

Patten of Tift Standard

Wilson

Peebles

Stephens

Woods

Peek

Sutton

Wrench

Pound

Swindle

Young

Zellner

See Appendix,Volume !,for those not voting.

By unanimous consent the verification of the roll

call was dispensed with.

Upon consolidating the votes cast,it was found that Mr.McDuffie had received 129 votes, and Mr. Porter 64 votes.

Mr.McDuffie 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 House was read and adopted:
By Messrs. Harris of Richmond,and Hand of Mitchell-

House Resolution No.3. Be it resolved by the House that the Speaker is hereby authorized to appoint a committee to administer the oath of office to the Honorable E.M.Davis of Mitchell County and to the Honorable G.B.Saunders of the County of Harris,who are both confined to the hospital on account of

28

JouRNAL oF THE HousE,

illness. Be it further resolved that the sympathy of the
House be extended to both of these members and that a leave of absence of both is hereby granted for a period of thirty days.
Be it resolved further that the Clerk is hereby instructed to mail a copy of this resolution to both of said members.
Under the provisions of House Resolution No.3 the Speaker appointed the following Committee to administer the oath to the members named in the above Resolution:
Messrs. Hand of Mitchell, Chairman, Ennis of Baldwin Flynt of Spalding, Bland of Stewart Mundy of Polk Guess of DeKalb Dorris of Crisp Thompson of Muscogee Parker of Colquitt Johnson of Seminole Harris of Richmond Spivey of Emanuel Edwards of Lowndes Jackson of Blackley Coxon of Long, Andrew J.Kingery of Emanuel,Clerk of the House.
The following message was received from the Senate through Mr.Hammond, the Secretary thereof: Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate to wit:

MoND-\Y, .f,\NUARY 14, 1935.

29

By Senator Carswell of the 31st District: Senate Resolution No.3. A Resolution to provide for a Joint Session or the General Assembly at 10:15 a.m.,Tuesday,January 15,1935,to canvass and publish the election returns, as provided by law. By Senator Rawlins of the 45th District: Senate Resolution No.4. A Resolution authorizing the appointment or a Joint Committee to arrange for the inaugural exercises,Wednesday,January 16th,l9~ The President has appointed as a committee on the part of the Senate Senators Rawlins of the 45th district and Scott of the 7th district. The following Resolution of the House was read: By Messrs.Harris of Richmond,Johnson of Seminole, Weathers of Jenkins,and Arnall of Coweta. House Resolution No.4. Be it resolved by the House that the Rules or the House adopted tor the session ot 1933-1934 be and the same are hereby adopted as the Rules or the House tor the sessions of 19351936 with the following amendments, to-wit: 1. By adding the following list or Committees to the list or Committees contained in Rules 197 and 198, to-wit: Public Welfare, Rules, Special Appropriations. Mr.Lindsay of DeKalb offered the following amendment: I1oves to amend House Rule 106, by adding the following at end of the rule: No Senate amendment to a house bill embodying the same provision of law which has been voted down in the House shall be adopted or agreed to except by a regular constitutional majority of the House.

30

JouRNAL OF THE HousE,

1'1r.Lindsay of DeKalb asked unanimous consent to withdraw his amendment to the Resolution,and the request was granted.

The Resolution was adopted.

The following Resolution of the House was read and adopted:

By Messrs.Culpepper of Fayette, Harris of Richmond,Mundy of Polk,Spivey of Emanuel,Edwards of Lowndes,Jackson of BleckleytJohnson of Seminole, Dorris of Crisp,Claxton of vohnson,and Ennis of Baldwin.

House Resolution No.5.

A RESOLUTION

.

Whereas, the General Appropriation Bill,passed at

the session of 1933,Part l,Title II,Section SUbsection lO,provided for the compensation

22 of

1

t

h

e

attaches of the House o! Representatives.

Therefore Be It Resolved: 1st, That the Chaplain of the House and the Postmistress of the House be paid the same per diem and the same mileage as is paid to the members of the General Assembly.

~d. That the Clerk of the House of Representatives be paid the same mileage as is paid members of the General Assembly.

3rd. That the Speaker of the House of Representatives be authorized to appoint the following list of attaches to be paid an amount not to exceed the amount set opposite their nruoos, and that he is hereby instructed to select as few as possible for the efficient operation of the House,to-wit: A Secretary at $5.00 per diem, an Assistant Postmistress at not exceeding $5.00 per diem; assistant Messengers,assistant doorkeepers and gallery keepers at not to exceed $5.00 per diem,and pages at $2.00 per diem.

MoNDAY, jANUARY 14, 1935.

31

4th. That the Clerk be authorized to appoint the following employees of the House,at thecompensation herein provided: Five porters at $2.00 per diem,two copy readers at not to exceed $5.00 per diem, to assist and relieve the Enrolling and Engrossing Committees 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 the Senate,and between the House and the Governor;provided,that they shall work under the direction of the Clerk of the House and the Chairmen of the Committees on Enrollment and Engrossing.
The following message was received from the Senate through Mr.Hammond,the Secretary thereof:
Mr. Speaker: The Senate has ~dopted the requisite constitutional majority tne following resolution of the House to wit: By nessrs. Harris of Richmond, Edwards of Lowndec, Cobb of Clarke: House Resolution No.2. A Resolution appointing a committee of five, three to be appointed by the speaker of the House,and two by the President of the Senate to notify the Governor that the General Assembly has organized and is ready for the transaction of business. The President has appointed as a committee on the part of the Senate Senators Rawlins of the 45th District
Scott of the 7th District. The following Resolutions of the Senate were read and adopted: By Mr.Dickerson of the 5th. Senate Resolution No.2. A Resolution providing

32

JouRNAL OF THE HousE,

for a joint committee to notify the Governor that the General Assembly has convened,organized and is ready for business.

By Mr.Carswell of the 21st.

Senate Resolution No.3. A Resolution to provide for a joint session,Tuesday at 10:15 ~.~. January 15,1935 to canvass and publish election returns,as provided by law.

The Speaker announced the following Standing Committee assignments:

STANDING COl'lliiTTEES OF THE
HOUSE OF REPRESENTATIVES 1935 - 1937

AVIATION

Claxton of Camden, Chairman
Moore of Clayton Vice-Chairman
Coleman, Secretary Anderson Barrett Bloodworth Cobb Gavin Edwards of Lowndes

Hartsfield Horton
L~ier
Mc!Nall Parham Settle Smith of Madison Thompson Twitty Whaley Wrench

ACADEMY FOR THE BLIND

Whitmire, Chairman Bowden, Vice-Chairman Williams of Bacon,
Secretary Anderson Ansley of Lee Barnard Bond Bro.vn of Glynn Bush

Culpepper of Echols Darnell Dean Etheridge Freeman of Bibb Gardner Gavin Hogg Lindsay

MoNDAY, jANUARY 14, 1935.

33

AMENDMENTS TO THE CONSTITUTION
Nill1BER ONE

LBMaucGnrgiraeiwnr11,

Chairman Vice-Chairman Secretary

Ansley of DeKalb

Barrett

Batchelor

Bland

Brown of Greene

camp

Claxton

Clements of Wheeler

Cobb

Cohen

Coleman

Dean

Dobbins

Dorris

Durden

Dyer

Edwards of Lowndes

Edwards of Stephens

Flynt

Griffin of Decatur

Griffin of Floyd

Guess

flampton

Harris

Howard of Screven Jackson of Blackley Johnson of Seminole Leonard of Muscogee McCutchen McCracken Marshall
Mundy
Musgrove Newby Parker of Colquitt Preston of Bulloch Preston of Walton Ray Shirah Spivey Terrell of Hall Townsend Watkins Weathers Welsch Whitmire Williams of Coffee Willingham Woods Zellner

AMENDMENTS TO THE CONSTITUTION
NUMBER TWO

Thompson, Chairman Reagan! Vice-Chairman HoAggda1mts.::iecretary
Allen Almand of Fulton Anderson Arnall Bennett Bloodworth

Booth Campbell Caswell Culpepper of Fayette Davis of Mitchell Davis of Troup Deal Gardner Grayson Groves

34

JouRNAL OF THE HousE,

Hammock Harrison Hartsfield Head Henderson Joel Kelley Lewis Lindsay Manning Mitchell of Taliaferro Morris Moye Patten of Cook

Peebles Perry Peters Ross Sabados Sammon Sartain Sutton Terrell of Troup Terrell of Warren Weeks Whaley Williams of Bacon

APPROPRIATIONS

Culpepper of Fayette, Chairman
Flynt, Vice-Chairman Reagan, Secretary
Allen Almand of Fulton Almand of Walton Ansley of DeKalb Bannister Bland Blease Booth Brown of Glynn Campbell Cohen Coleman Coxon Culpepper of Echols DeLoach Dyer Edwards of Lowndes Ennis Etheridge Gammage Gardner Garrett Gilbert

Gnann Goolsby Griffin of Floyd Groves Hammock Hand Harris Hartsfield Head Herndon Houston Howard of Chattahoochee Howard of Screven Joel Johnston Leonard of Walker Lewis McCracken McCutchen .McKelvey Marshall Martin Milam Mitchell of Lamar Morris
Mundy
Musgrove

MoNDAY, jANUARY 14, 1935.

35

Newby Oden Peebles Peek Peters Ray Sabados Saunders Settle Shirah Spivey Sutton

Swann
Terrell or Troup Thompson Watson Weeks Welsch Whaley Williams or Bacon Williams or corree Wrench Young

AUDITING

Swindle or B Chairman

e

r

r

i

e

n

1

Townsend Moore or

1

Vice-Chairman Clayton,Secre

t

a

r

y

Brinson

Horton

Lee

Morris

Moye

Oden Parham Parr Scruggs Smith or Webster Thompson Thrasher Whaley Young

BANKS AND BANKING

Peters, Chairman Douglass,Vice...Chairman BeAntlolenn1 Secretary
Almand or Fulton Atwood Bennett Bland Blease Booth Bradley Brisendine Brown or Glynn Burgin Claxton or Johnson Cohen Coleman

Coxon Daughtry Davis or Mitchell Deal Dobbins Durden Edwards or Lowndes Fowler Gardner Groves Guess Hannnock Hampton Hand Harris Hogan Hogg

36

JouRNAL OF THE HousE,

Hooks Houston Jackson of Bleckley Jackson of Habersham Joel Johnson of Seminole Johnston Leonard of lvluscogee McBride l'lcCutchen Mann l"'arshall 1-'.Lartin !"'inc hew Mitchell of Lamar Moore of Clayton Mundy Musgrove Newby Parker of Colquitt

Patten of Tift Peebles Pound Ray Reagan Salter Saunders Scruggs Settle Thrasher Terrell of Hall Terrell of Troup Ter.cell of Warren Tipton Warnell watkins Weeks Williams of Coffee Willingham Woods

COl11"1ERCE

Newby, Chairman Parker of Union,
Vice-Chairman Bowden, Secretary
Allen Arnall Atvvood Camp Cohen Davis of Troup Freeman of Early Gammage Gilbert Gnann Groover

Hampton Horton Jones of Brantley Lewallen Lindsay McNall l1i tchell of Lamar Peebles Ross Saunders Shirah Sutton Welsch Williams of Jones

CONSERVATION

Shedd, Chairman Williams of Bacon,
Vice-Chairman

Fowler, Secretary Almand Anderson

MoNDAY, JANUARY 14, 1935.

37

Arnall Atwood Barnard Barrett Batchelor Bland Brinson Brooks Brown of Greene Brown of Pike Campbell Claxton of Johnson Clements of Wheeler Cohen Coleman Edwards of Lowndes Edwards of Stephens Darnell Davis of Troup Dean DeLoach Dobbins Dorris Dyer Felton Fowler Freeman of Bibb Flynt Garrett Gnann Goolsby Green Hammock Hampton Harris Harrison Hartsfield Hefner Herndon Hogg Holland Howard of Chatta-
hoochee Howard of Screven

Jones of Brantley Jones of Lumpkin Kelley Lee Leonard of Walker Lewis McBride McCracken Manning Milam Minchew Moore of Clayton Moore of Haralson Morris Musgrove Mundy Oden Parks Parker of Union Pound Preston of Walton Ray Salter Sammon Sartain Saunders Shirah Spivey Swann Teasley Terrell of Hall Terrell of Troup Terrell of Warren Thrasher. Tipton Townsend watkins Watson Weathers West Whitmire Williams of Coffee Williams of Jackson Williams of Jones

38

JouRNAL oF THE HousE,

Wilson Woods

wrench

CORPORATIONS

Sabados, Chairman Adams, Vice-Chairman Bannister, Secretary
Blease Bond Brown of Glynn Brown of Pike Cla~ton of Johnson Coleman Davis of Troup DeLoach Dorris Douglass Felton Freeman of Bibb Garrett Goolsby Hammock Hand Harris Harrison

Holland Horton Howard of Chattahooehee Jones of Brantley Kelley Lee
:r1111s
:Musgrove Newby Parks Patten of Cook Ramsey Ross Sartain Saunders Spivey Watkins Watson Williams of Coffee Woods

COUNTY AND COUNTY MATTERS

Brown of Glynn,Chairma-n Bradley

Barrett,Vice-Chairman Dobbins, Secretary
Adams Almand of Fulton Almand of Walton

Brinson Brooks Brown of Pike Bush Camp

Anderson Ansley of DeKalb Atwood Bannister Barnard Batchelor Bland Blease Bowden

Caswell Claxton of Johnson Clements of Calhoun Coleman Davis of Troup Deal Edwards of Lowndes Edwards of Stephens Etheridge

MoNDAY, JANUARY 14, 1935.

39

Fowler

Moore of Haralson

Freeman or Early

Morris

Gardner

Neal

Garrett

Parker or Union

Gilbert

Parks

Gnann

Ray

Goolsby

Salter

Guess

Sammon

Hammock

Saunders

Hampton

Shirah

Harris

Spivey

Harrison

Stephens

Head

Swindle

Hefner

Teasley

Henderson

Terrell of Hall

Herndon

Thompson

Hogan

Tipton

Holland

Townsend

Hooks

Twitty

Houston

Warnell

Jackson of Habersham Watkins

Johnston

Weathers

Mccracken

Williams of Coffee

McKelvey

Woods

Mann

Wrench

Manning

DRAINAGE

Scruggs, Chairman Bennett, Vice-Chairman WrenchiSecretary
Brad ey Brown of Pike Coxon DeLoach Fowler Freeman of Early Gnann Grayson Harrison

Hogg Mann Moye Shedd Swindle Tipton Warnell Weeks Whitmire Williams of Bacon Wilson Wrenc)l

40

JouRNAL OF THE HousE,

EDUCATION NUMBER ONE

Howard of Screven, Chairman
Parker of Colquitt, Vice-Chairman
Dyer, Secretary Adams Anderson Ansley of DeKalb Barnard Black Bond Brinson Brooks of Jackson Brown of Greene Brown of Pike Burgin Campbell Caswell Coleman Culpepper of Echols Darnell DeLoach Dyer Etheridge Freeman of Early Gardner Garrett Gavin Gnann Hammock Harrison Hogan Hogg Howard Jackson of Bleckley Jones of Brantley Lee Lewallen Lindsay McCranie McGraw McKelvey

liills Mitchell of Lamar Moore of Clayton Moore of Haralson Moye Mundy Neal Newby Oden Parks Patten of Cook Peek Pound Preston of Bulloch Ray Reagan Ross Sabados Salter Parr Sammon Saunders Scruggs Settle Smith of Madison Smith of Webster Stephens Swann Terrell of Hall Terrell of Troup Thompson Tipton Toms Weathers Weeks Welsch Williams of Jones Woods Wrench Young Zellner

:\1o~D.-\Y, .JA~TARY 14, 1935,

41

EDUCATION NUl1BER 'l'WO

Watson, Chairman Patten of Tift,
Vice-Chairman Ramsey, Secretary
Almand of Walton Bannister Barrett Batchelor Bennett Brown of Glynn Camp Clements of Wheeler Cohen Coxon Culpepper of Fayette Dean Dobbins Edwards of Lowndes Edwards of Stephens Felton Flynt Fowler Gammage Gilbert Griffin of Decatur Groover Harnpton Harris Houston Hefner Herndon Hooks Howard of Chattahoochee

Joel Johnson of Seminole Jones of Lumpl<in Leonard of Walker McBride McCracken Manning Martin Milam Minchew 1-lorris 1-'Iusgrove Parham Parker of Union Peters Preston of Walton Ray Sartain Shedd Shirah Spivey Standard Swindle Terrell of Warren Thrasher Twitty Warnell Watkins West Whitmire Williams of Coffee Williams of Jackson Wilson

ENGROSSING

Davis of Troup,Chairman Ansley of Lee,
Vice-Chairman Watklns,Secretary
Almand of Halton Black

Bland Bond Claxton of Johnson Groover Hampton Harris

42

JouRNAL oF THE HousE,

McCracken Moye Parks

Rawlins Spivey Watson

ENROL111ENT

Leonard of Walker,Chairman Jackson of Bleckley

Booth,Vice-Chairman

Kelley

Townsend,Secretary

Musgrove

Brown of Greene

Parker of Union

Culpepper of Echols Scruggs

Dobbins

Stephens

Durden

Townsend

Edwards of Lowndes

Twitty

Goolsby

Weathers

Green

Williams of Coffee

Groves

Williams of Jackson

Hooks

Woods

EXCUSE OF MEMBERS ABSENT WITHOUT LEAVE

Brown of Greene,Chairman Jones of Brantley

Houston,Vice-chairman

Johnston

Joel,Secretary

Lewallen

Freeman of Early

Lewis

Groover

Lindsay

Harrison

McBride

Hefner

Parker of Union

Henderson

Ramsey

Howard of Chattahoochee Sabados

Jackson of Habersham Shirah

GAME AND FISH

Rawlins,Chairman

Brown of Glynn

Claxton of Johnson,

Brown of Pike

Vice-chairman

Caswell

Milam,Secretary

Claxton of Camden

Arnall

Coxon

Atwood

Daughtry

Barnard

DeLoach

Bennett

Dobbins

Benton

Durden

.Bloodworth

Edwards of Lowndes

Booth

Fowler

Brown of Greene

Gammage

1\lmWAY, J.o.SUARY 11, 1935.

43

Garrett Gnann Green Hampton Hand Harrison Henderson Holland Horton Howard of Screven Jackson. of Bleckley Joel Jolmston Jones of I..mnpkin Lanier Lee Leonard of Muscogee Leonard of Walker Lewis Manning McCracken McCranie McGraw l'lcNall Minchew

Mitchell Moye Neal Newby Oden Parks Parker of Union Preston of Walton Ross Salter Shedd Smith of Webster Spivey Standard Swann Terrell of Warren To-wnsend '!Witty Warnell Weathers Whaley Williams of Coffee Willingham Hrench Young

GENERAL AGRICULTURE NUI'1BER ONE

Bargeron,Chariman

Fowler

Lee,Vice-Chairman

Freeman of Bibb

Settle, Secretary

Gardner

Barnard

Garrett

Benton

Gavin

Brisendine

Gnann

Brooks

Goolsby

Brown of Pike

Groover

Burgin

Hammock

Casvvell

Hand

Clements of Calhoun Harrison

Darnell

Hogan

DeLoach

Houston

Dyer

Kelley

Edv1ards of Stephens Lewallen

Etheridge

Lewis

Felton

Mallory

44

JouRNAL oF THE HousE,

McBride McGraw McKelvey Minchew Mitchell of Lamar Newby Parham Parks Parr Preston of Walton Shirah Smith of Madison

Swindle Thrasher Tipton Warnell Watson Weeks West Wilson Williams of Jones Wrench Young

GENERAL AGRICULTURE NUMBER '1\-10

Johnson of Seminole, Chairman
Blease,Vice-Chairman Coxon,Secretary
Anderson Bannister Batchelor Bond Bush Claxton of Johnson Clements of Wheeler Cohen Culpepper of Echols Culpepper of Fayette Dobbins Edwards of Lowndes Freeman of Early Flynt Gilbert Griffin of Decatur Hampton Harris Herndon Hooks

Howard df Screven Manning Marshall Mills Mitchell of Taliaferro Moore of Haralson
Mundy
Musgrove Oden Patten of Cook Preston of Bulloch Ray Rawlins Salter Shirah Spivey Stephens Swann Hatkins Weathers Whaley Whitmire Williacs of Coffee

GENERAL JUDICIARY NUMBER ONE

Guess,Chairman

Preston of Bulloch,

Davis of Mitchell,

Secretary

Vice-Chairman

Adams

MosDAY, JANUARY 14, 1935.

45

Ansley of DeKalb Arnall Atwood Benton Bloodworth Booth Brown of Glynn Burgin Campbell Cohen Coleman Culpepper of Fayette DeLoach Green Head Hogg Johnson of Seminole Lanier

Leonard of Muscogee Lindsay McCutchen Mann Manning Marshall Newby Peek Ray Ross Salter Standard Terrell of Hall Weathers Welsch West Wilson Zellner

GENERAL JUDICIARY NUMBER 'IWO

Dorris,Chairman Groves,Vice-Chairman Tovmsend, Secretary
Barrett Brown of Greene Claxton of Johnson Cobb Deal Dean Durden Edwards of Lowndes Griffin of Floyd Harris Hartsfield Howdrd of Screven Jackson of Bleckley

Leonard of Muscogee Lewis McCracken McGraw Mitchell of Taliaferro Mundy Ray Shirah Spivey Watkins Welsch Whaley Williams of Bacon Williams of Coffee \Ulliams or Jackson Willingham Woods

GEORGIA SCHOOL FOR THE DEAF

Willingham,Chairman

Mann

Bannister,Vice-Chairman McCracken

Neal,Secretary

McCranie

46

JouRNAL oF THE HousE,

McKelvey Mills Minchew Mitcbell of Lamar Mitchell of Taliaferro Moore of Haralson Parham Parker of Union Parks

Parr Patten of Tift Pound Ross Sannnon Saunders Settle Shedd

GEORGIA STATE SANITARIUM

Jackson of Habersham,

Lee

Chainnan

Mills

l'Iartin,Vice-Chairman

Moye

Culpepper of Echols,Sec- Oden

retary

Patten of Cook

Almand of Fulton

Patten of Tift

Bargeron

Peek

Batchelor

Perry

Bond

Ross

Brown of Glynn

Scruggs

Burgin

Settle

Claxton of Camden

Sm.! t h of \~ebster

Davis of l'Ii tchell

Standard

Deal

Sutton

Dean

Swann

Edwards of Lowndes

Toms

Ennis

Townsend

Freeman of Bibb

Watson

Gilbert

\..Jest

Griffin of Decatur

Welsch

Griffin of Floyd

Wilson

Groover

Hilliams of Jackson

Head

Williams of Jones

Holland

Zellner

Howard of Chattahoochee

HALLS AND ROOMS

Atwood,Chainnan Bond,Vice-Chairman Goolsby,Secretary
Ansley of DeKalb

Black Claxton of Camden Claxton of Johnson Clements of Calhoun

MoNDAY, jANUARY 14, 1935.

47

Culpepper of Echols Darnell Douglas Freeman of Early Goolsby Head Houston Joel Lindsay Martin Moore of Clayton Moore of Haralson Parks

Peek Preston of Bulloch Smith of Webster Standard Toms Thrasher Twitty West Whitmire Williams of Jones Wilson Young

HISTORICAL RESEARCH

Sartain,Chairman

McNall

Cobb,Vice-Chairman

Mallory

Camp, Secretary

Mann

Davis of Mitchell

Milam

Douglas

Minchew

Felton

Parham

Gnann

Parker of Union

Groover

Parr

Holland

Ramsey

Horton

Rawlins

Howard of Chattahoochee Ross

Jackson of Haralson Settle

Johnston

Smith of Webster

Lewallen

Sutton

McCranie

Teasley

McKelvey

Twitty

Young

HYGIENE AND SANITATION

Peek,Chairman Oden,V1ce Chairman Williams of Jackson,
Secretary Almand of Walton Ansley of Lee Atwood Bannister

Barnard Bennett Blease Bond Bowden Brooks Brown ot Pike Bush

48

JouRNAL OF THE HousE,

Camp

Martin

Caswell

Norris

Dean

l"loye

Douglass

Neal

Groover

Sammon

Houston

Sartain

Howard ot Chattahoochee Smith ot Webster

Jackson ot Habersham Teasley

Kelley

Weathers

NcCranie

Weeks

McNall

INDUSTRIAL RELATIONS

Twitty,Chairman NcNall,Vice-Chairman Terrell ot Hall,Secretary
Almand ot Fulton Abnand ot Walton Anderson Ansley ot DeKalb Arnall Bargeron Barrett Black Brinson Campbell Coxon Davis ot Nitchell Dean Durden Ennis Freeman ot Bibb Gardner Grayson Green Griffin ot Floyd Guess

Harris Hartsfield Hefner Horton Jackson ot Bleckley Jones ot Lumpkin Lanier Leonard or 11uscogee
Mann
Mundy Parker ot Union Patten ot Tift Peebles Perry Ramsey Ray Sabados Sammon Terrell ot Troup Terrell ot warren Tipton Spivey Williams ot Cottee Young

INSURANCE

Dobbins, Chairman Groover,Vice-Chairman Woods,Secretary

Abnand ot Fulton Almand ot Walton Bargeron

1\loNDAY, jANUARY 14, 1935,

49

Barrett Benton Brown of Glynn Brown of Greene Burgin Caswell Claxton of Camden Clements of Calhoun Coleman Culpepper of Echols CulpepOer of Fayette Davis of Mitchell Douglass Dyer Edwards of Lowndes Edwards of Stephens Freeman of.Bibb Grayson Griffin of Floyd Hampton Harris Hartsfield Herndon Hogan Holland Jackson of Blackley Johnson of Seminole Jones of Lumpkin Kelley Leonard of Walker McCutchen McNall Marshall

Minchew Mundy Musgrove Newby Parks Parker of Union Perry Peters Pound Preston of Walton Rawlins Ray Sammon Sartain Settle Shedd Smith of Webster Spivey Standard Sutton Teasley Terrell of Troup Terrell of Warren Toms Thompson Twitty Watkins Watson Welsch Williams of Bacon Williams of Coffee Woods Zellner

INVALID PENSIONS AND SOLDIERS HOME

Freeman of Early,Chairman Black, Vice-Chairman Welsch,Secretary
Blease Brisendine Brown of Pike Bush Darnell

Douglass Fowler Lee Mann Oden Peek Smith of Madison Teasley

50

JouRNAL or THE HousE,

Watson

Wilson

JOURNALS

Preston or Bulloch, Chairman
Perry,Vice-Chairman Lewis,Secretary
Almand or Walton Bargeron Barnard Brinson Bush Claxton of Camden Joel

Lewis

Patten or Tift

Peek

Perry

Ramsey

Shedd

.

Smith of Madison

Sutton

Terrell of Warren

Toms

LEGISLATIVE AND CONGRESSIONAL REAPPOIN~T

McCracken,Chairman Bowden, Vice-Chairman Hogan,Secretary
Arnall Brown of Glynn

Groves Hand Leonard of Muscogee Moore of Haralson
Toms

MANUFACTURERS

Teasley,Chairman Mitchell of Lamar,
Vice-Chairman Swindle,Secretary
Almand of Fulton Atwood Bloodworth Brisendine Felton Flynt Garrett Groover Hefner Johnson of Seminole

Leonard of :t'luscogee Mallory Milam Moore ot Haralson Morris Peebles Pound Sammon Saunders Smith of Madison Stephens Thrasher Warnell

MoNDAY, jANUARY 14, 1935.

51

MILITARY AFFAIRS

Settle,Chairman Groves,V1ce-Chairman Neal,Secretary
Benton Bloodworth Brinson Brooks Daughtry Edwards ot Lowndes Freeman ot Bibb

Gardner Hannnock Hartsfield Parham Pound Peters Preston ot Walton Swindle Thompson Zellner

MINES AND MINING

Jones ot Lumpkin, Chairman
Mallory,Vice-Chairman Scruggs,Secretary
Almand ot Walton Brooks Darnell Daughtry Gammage

Hampton McKelvey Morris Neal Parks Parker o:r Union Peek Pound

MOTOR VEHIClES

Almand o:r Walton, Chainnan
Bland, Vice-Chairman Campbell,Secretary
Adams Barrett Batchelor Black Bowden Bradley Brown ot Glynn Br.own o:r Pike Claxton o:r Camden Coleman Culpepper ot Echols Daughtry Deal

Dobbins Douglass Dyer Edwards o:r Lowndes Edwards o:r Stephens Ennis Etheridge Flynt Ganmage Gavin Gnann Goolsby Groover Groves Hampton Hand Harris

52

JouRNAL oF THE HousE,

Hefner

Peters

Henderson

Rawlins

Hogan

Ray

Hogg

Salter

Horton

Sammon

Houston

Shirah

Hmvard of Screven

Spivey

Jackson of Blackley

Sartain

Johnston

Scruggs

Jones of Brantley

Sutton

Jones of Lmnpkin

Swann

Kelley

Thompson

Lanier

Toms

Lee

Twitty

Lewallen

Warnell

McBride

Watkins

McCranie

Whitmire

:Martin

ltlilliams of Coffee

Mills

vJoods

Mitchell of Taliaferro Zellner

Mundy

Patten of Cook

MUNICIPAL GOVERNMENT

Clements of Hheeler, Chainnan
Standard, Vice-Chairman Allen Ansley of DeKalb Bargeron Barrett Bland Bowden Brisendine Burgin Culpepper of Fayette Felton Flynt Garrett Gnann Green Griffin of Decatur Hampton Hartsfield

Head Jackson of Blackley Johnson of Seminole Leonard of Muscogee McCutchen McKelvey Manning Milam Mills Musgrove Newby Parker of Colquitt Peebles Ramsey Spivey Stephens Terrell of Troup Thrasher Tipton Townsend

l\foNDAY, jANUARY 14, 1935.

53

Weathers Williams of Jackson

Willingham Wrench

PENITENTIARY

Dyer ,Chairman Edwards of Lowndes,
Vice-Chainnan Twitty,Secretary
Adams Almand of Walton Ansley of DeKalb Barnard Barrett Black Blease Booth Bush Claxton of Johnson Clements of Calhoun Coleman Culpepper of Echols Davis of Troup Edwards of Lowndes Ennis Etheridge Gammage Gardner Gilbert Grayson Griffin of Floyd Guess Hammock Holland

Jackson of Bleckley Jackson of Habersham Joel . Jones of Lumpkin Lanier Leonard of Muscogee Lewallen McKelvey McCranie Mann Mundy Parham Parker of. Colquitt Perry Peters Rawlins Ross Scruggs Shedd Stephens Swann Terrell of Warren Weathers Whaley Wilson Woods Wrench Zellner

PRIVILEGES AND ElECTIONS

Shirah,Chainnan Green,Vice-Chainnan Watson,Secretary
Brown of Greene Claxton of Johnson Dobbins

Holland Jackson of Bleckley Johnson of Seminole Preston of Walton Whitmire Woods

54

JouRNAL or THE HousE,

PENSIONS

Henderson,Chairman Deal,Vice-Chairman Gammage,Secretary
Ansley of Lee Barnard Batchelor Bloodworth Bowden Brinson Brisendine Brooks Clements of Calhoun Culpepper of Fayette Dyer Edwards of Stephens
~theridge
Gardner Garrett Goolsby Grayson Green Hand Harrison Howard of Screven Jackson of Habersham

Johnston Lewis Lindsay McCranie McCutchen McNall Mallory Milam Morris Mundy Neal Newby Patten of Cook Sabados Sammon Sartain Shedd Sutton Terrell of Troup Tipton Weathers Whaley Williams of Jackson Woods Wrench

PRIVIlEGES OF THE FLOOR

Coleman,Chairman Daughtry,Vice-Chairman Parker of Union,
Secreta,r:y Bloodworth Bradley Clements of Calhoun Etheridge

Gilbert Hooks Horton Lewallen Parker of Union Preston of Bulloch Terrell of Warren Williams of Jackson

PUBLIC HIGHWAYS NUMBER ONE

Manning ,Chairman

Clements of Calhoun

Preston of Bulloch

Secretary

Vice-Chairman

Ansley of Lee

\Io~D\Y, .JASl'ARY I l, l!!:l.).

55

Bannister Batchelor Bennett Bowden Blease Bradley Brisendine Camp Claxton of Camden Clements of Wheeler Coleman Daughtry Davis of Mitchell Davis of Troup Dean DeLoach Dyer Edwards of Stephens Ennis Flynt Fowler Gammage Gardner Gavin Griffin of Decatur Groover Hammock Hand Harrison Hartsfield Holland Howard of Chattahoochee Jackson of Habersham

Lanier Lee Leonard of Halker Lewis McBride McGraw McKelvey Mann Martin Milam l"Iinchew Noore of Clayton Moore of Haralson Morris Mundy Neal Oden Patten of Tift Pound Reagan Sammon Salter Saunders Settle Swindle Thrasher Toms Williruns of Bacon Williams of Jones Willingham Wrench Young

PUBLIC HIGHWAYS NUMBER TWO

Musgrove, Chairman
Twitty,Vice-Chairman Williams of Coffee,

Bond BroV'm of Glynn Brown of Greene Cohen

Secretary Adams Atwood

Coxon Claxton of Johnston Culpepper of Echols

Benton

Culpepper of Fayette

Black

Dobbins

56

JouRNAL OF THE HousE,

Dorris Durden Edwards of Lowndes Green Hampton Harris Henderson Hogan Hooks Howard of Screven Jones of Brantley Jones of Lumpkin Kelley Marshall Mitchell of Taliaferro Newby

Parks Patten of Cook Perry Preston of Walton Rawlins Ray Shirah b1nith of Madison Spivey Standard Terrell of Hall Warnell Watkins Weathers Whaley Whitmire Williams of Jackson

PUBLIC LIBRARY

Stephens,Chairman

Marshall

Bond,Vice-Ghairman

Mitchell of Lamar

Almand of Walton,_Secretary Preston of Bulloch

Ansley of DeKalb

Ramsey

Bush

Reagan

Clements of Wheeler

Swarm

Griffin of Floyd

Welsch

Hooks

West

McCranie

Williams of Bacon

PUBLIC PRINTING

Wrench,Chairman Shirah,Vice-Chairman Griffin of Decatur,
Secretary Bush Herndon Jones of Brantley Lewallen Mallory

Minchew Mitchell of Taliaferro Peebles Preston of Bulloch Standard Swarm Thompson West Woods

\JoNDAY, JANUARY 14, 193;).

57

PUBLIC PROPERTY

Gardner,Chairman Parks,Vice-Chairman Lewallen,Secretary
Ansley of DeKalb Ansley of Lee Barnard Bradley Darnell Daughtry Etheridge Gilbert Goolsby

Green Henderson Herndon Lindsay McCutchen Mallory Mills Mitchell of ~ar Minchew Ramsey Smith of Madison Young

PUBLIC UTILITIES

Ennis ,Chairman Dorris,Vice-Chairman Adams,Secretary
Allen Almand of Fulto11 Arnall Bargeron Batchelor Bland Blease Bowden Brown of Glynn Burgin Campbell Claxton of Johnson Clements of Wheeler Culpepper of Fayette Edwards of Lowndes Flynt Grayson Green Guess Hand Harris Hartsfield Head Hefner

Hogg Jackson of Bleckley Johnson of Seminole Jones of Lumpkin Lanier Lindsay McCranie McGraw Manning Marshall Mills
Mundy
Musgrove Newby Parham Parker of Colquitt Parr Preston of Walton Ramsey Reagan Sartain Settle Spivey Standard Townsend Weathers Weeks

58

JouRNAL oF THE HousE,

Williams of Coffee Wrench

Woods Zellner

PUBLIC WELFARE

Coxon,Chairman Harris,Vice-Chairman Allen,Secretary
Barrett Bennett Brown or Glynn Brown of Greene Cobb Coleman Dobbins Durden Edwards or Lovmdes Freeman or Early Gammage Grayson Griffin of Decatur Hampton Harris Jackson of Bleckley

Johnson of Seminole McCutchen McNall Mitchell of Taliaferro l"'usgrove Parker of Union Parks Patten of Tift Rawlins Ray Shirah Smith or Webster Spivey Terre 11 of Ha"J.l Watkins Watson West Williams of Coffee Woods

RAILROADS

Reagan,Chairman Howard of Chatta-
hoochee,Vice-Chairman Ansley of Lee,Secretary
Allen Almand of Walton Arnall Bennett Brooks Bush Camp Culpepper of Echols Darnell Dorris Felton Flynt Freeman of Bibb

Gardner Gilbert Gnann Hartsfield Hefner Johnston Jones of Lumpkin Leonard or I'luscogee Lindsay McKelvey McNall Milam Mitchell of Lamar Mitchell of Taliaferro Newby Parr Peebles

MoNDAY, JANUARY 14, 1935.

59

Perry Sutton Whitmire Williams of Jones

Willingham Wrench Weeks

RUlES

Speaker,Chairman Harris,Vice-Chairman Jackson of Blackley,
Secretary Arnall Bennett Bland Claxton of Johnson Cohen Daughtry Davis of Mitchell Flynt Green Hampton Hartsfield Hogan

Hooks Le'onard of Muscogee McBride Mallory Marshall Minchew Parker of Colquitt Preston ot Walton Saunders Terrell of Hall Townsend watkins Weeks Welsch Woods Zellner

SANITARIUM AT ALTO

Edwards of Stephens, Chairman
Caswell,Vice-Chairman Howard of Chatta-
hoochee,Secretary Black Bond Brinson Brisendine Claxton of Camden Deal DeLoach Felton Groves Gilbert Grayson Holland

Howard of Screven Jackson of Habersham Martin Milam Mills Minchew Morris Moye Parr Peek Peters Sabados Sammon Stephens Warnell Weathers Wilson

60

JouRNAL OF THE HousE,

SPECIAL JUDICIARY

Grayson,Chairman Terrell of Troup,
Vice-Chairman Bennett,Secretary
Allen Almand of Fulton Adams Bannister Batchelor Bland Brooks Caswell Culpepper of Echols Davis of Troup Dyer Flynt Freeman of Bibb Freeman of Early Garrett Gnann Goolsby

Hammock Harrison Henderson Hogan Houston Joel Lindsay Lewis I1cKelvey Neal Perry Peters Stephens Sutton Teasley Terrell of Troup Terrell of Warren Toms Thompson Williams of Jackson Willingham

SPECIAL APPROPRIATIONS

Terrell of Troup,Chairman
Ben~on,Vice-chairman
Barrett,Secretary Bargeron Batchelor Bradley Brooks Brovm of Glynn Brovm of Greene Cobb Cohen Clements of Calhoun Daughtry Dobbins . Durden Edwards of Lowndes Ennis Hampton

Harris Henderson Howard of Screven Jackson of Bleckley Lanier Leonard of Muscogee Lindsay Martin Musgrove Newby Parker of Colquitt Parker of Union Parks Patten of Cook Pound Preston of Walton Rawlins Ray

MoNDAY, jANUARY 14, 1935.

61

Saunders Spivey Terrell of Hall Townsend

Whitmire Williams of Coffee Woods

STATE PRISON FARM

Bradley,Chairman Patten of Tift,
Vice-Chainnan Shirah,Secretary
Barrett Batchelor Bennett Benton Bland Brinson Bush Campbell Caswell Cobb Cohen Coxon Daughtry Davis of Troup Deal DeLoach Dorris Edwards of Lovmdes Freeman Hammock Hand Head Hogan Hooks Howard of Screven Johnson of Seminole

Johnston Lindsay McCutchen McGraw McNall
Mann
Moore of Clayton Morris Moye Musgrove Oden Parr Peebles Perry Peters Preston of Bulloch Preston of Walton Reagan Ross Smith of Madison Stephens Standard Thompson Tipton Toms Townsend Watson Weathers Williams of Coffee

STATE OF REPUBLIC

Edwards of Lovmdes, Chainnan
Blease,Vice-Chairman Musgrov~, Secretary

Almand of Walton Arnall Barnett Barrett

62

JouRNAL OF THE HousE,

Bennett

Parker of Colquitt

Benton

Parker of Union

Brown or Glynn

Parks

Brown of Greene

Pound

Claxton of Johnson

Preston of Walton

Dobbins

Ray

Green

Shirah

Griffin

Spivey

Hampton

Terrell of Hall

Harris

Townsend

Howard of Screven

Warnell

Jackson of Blackley Watkins

Jones of Lumpkin

Whaley

Marshall

Williams of Coffee

Martin

Woods

McCracken

TEMPERANCE

Williams of Coffee, Chairman
Edwards of Lowndes, Vice-Chairman
Johnston,Secretary Anderson Barrett Brown of Glynn Brown of Pike Cobb Cohen Coleman Claxton of Johnson Davis of Troup Darnell Dobbins Durden Ennis Flynt Freeman of Bibb Gardner Garrett Grayson Griffin of Decatur

Harris Herndon Jackson of Blackley Jones of Lumpkin i1cBr1de McNall MallOrY Morris Musgrove Newby Oden Peebles Ray Ross Sabados Sammon Shirah Thompson Twitty Watson Watkins Weeks Whaley Woods

MoNDAY, jANUARY 14, 1935,

63

TRAINING SCHOOLS

Bannister,Chairman Fel ton,Vice-Chai:nnan Allen,Secretary
Almand of Walton Clements or Calhoun Dyer Durden

Holland Gnann Parker of Colquitt Ramsey Smith of Webster Young

UNIVERSITY SYSTEM OF GEORGIA

Mundy ,Chairman

Harris

Dean,Vice-Chairman

Hartsfield

Almand of Fulton,Secretary Herndon

Allen

Jackson of Blackley

Ansley of Lee

Joel

Arnall

Jones ot Lumpkin

Barrett

Kelley

Bargeron

Hammock

Bennett

Hampton

Benton

Lanier

Bland

Leonard ot Wilkes

Booth

Marshall

Bradley

McBride

Brown of Greene

McCutchen

Camp

Musgrove

Cobb

Newby

Coleman

Parks

Culpepper ot Fayette Perry

Davis ot Mitchell

Preston of Bulloch

Davis ot Troup

Preston ot Walton

Edwards of Lowndes

Ramsey

Edwards ot Stephens Rawlins ot Ben Hill

Ennis

Sabados

Flynt

Spivey

Felton

Terrell of Troup

Gavin

Twitty

Grayson

Watkins

Grittin ot Decatur

Watson

Grittin ot Floyd

Weathers

Groves

Whaley

Guess

Welsch

Hand

Williams ot Cottee

64

JouRNAL oF THE HousE,

Willingham

Zellner

Woods

UNIFORM STATE LAWS

Cobb,Chairman Bloodworth~Vice-Chairman
Henderson,~ecretary
Anderson Ansley of DeKalb Ansley of Lee Bargeron Claxton or Johnson Coleman Durden Dyer Freeman of Bibb Gnann Grayson

Griffin of Fl~yd Groves Harris Head Howard of Screven Lewis McNall Parker of Union Peebles Preston of Walton Sabados Thompson Thrasher

WESTERN AND ATLANTIC RAILROAD

Pound,Chairman

Gardner

Atwood, Vice-Chairman

Gavin

Jones or Brantley,Secretary Gnann

Adams

Griffin or Decatur

Arnall

Hand

Bargeron

Horton

Batchelor

Head

Barrett

Henderson

Bennett

Holland

Bloodworth

Houston

Brown or Glynn

Jackson or Bleckley

Camp

Leonard of Walker

Campbell

Marshall

Clements ot Calhoun

McBride

Clements of Wheeler

McGraw

Coleman

Milam

Culpepper of Fayette Mills

Davis of Troup

Moore or Haralson

Deal

Neal

DeLoach

Newby

Douglass

Parr

Durden

Patten of Cook

Dyer

Rawlins

Freeman of Earley

Salter

Gammage

Sartain

MoNDAY, JANUARY 14, 1935.

65

Scruggs Swindle Thompson Tomrns Twitty Warnell Weathers

Weeks Williams of Coffee Williams of Jones Woods Moore of Clayton Teasley WAYS AND MEANS

Spivey,Chairman Head, Vice-Chairman Claxton of Johnson,
Secretary Adams Anderson Ansley of Lee Arnall Batchelor Benton Black Brinson Brisendine Brown of Glynn Brown of Greene Camp Claxton of Camden Clements of Wheeler Cobb Cohen Coxon Culpepper of Fayette Davis of Mitchell Dean Dobbins Douglass Durden Edwards of Lowndes Edwards of Stephens Ennis Flynt Freeman of Bibb Freeman of Early Fowler Gavin Grayson

Griffin of Decatur Groover Guess Hand Harris Hartsfield Horton Johnson of Seminole Kelley Lanier Lee Mann Manning Marshall McGraw Moore of Haralson Moye Mundy Musgrove Neal Patten of Cook Peek Perry Pound Ramsey Ray Reagan Sammon Salter Shedd Standard Stephens Swindle Teasley Terrell of Warren Thrasher

66

JouRNAL OF THE HousE,

Tipton Townsend Warnell Watkins Weathers West

Whitmire Williams of Coffee Williams of Jackson Williams of Jones Woods

Mr. Rivers of Lanier asked unanimous consent that the Rules of the House by suspended with reference to the introduction of new matter,the request was granted,and the following Bills and Resolutions of the House were introduced,read the first time and referred to the Committees:

By Mr. Rivers of Lanier. House Bill No. 1. A bill to be entitled an Act to
ratify,approve and confirm the executive orders of the Governor suspending the collection of a portion of the motor vehicle tag taxes and licenses feesi to remit,cancel and annul all of the motor vehic e tag t~es or license fees accruing since January 1, 1933, or while said orders are effective,or during the regular sessions of the General Assembly in 1935, except the amounts required to be paid by said orders, and for other purposes.

Referred to the Committee on State of the Republic.

By Mr. Rivers of Lanier.

House Bill No. 2. A bill to be entitled an Act to

amend Tit ("License

l

e 68 ("Motor for motor ve

Vehic hicles

les" and

)

c1

Chapter hauffeur

68-2 s"), o

f

the Code of Georgia of 1933, by striking all of Sec-

tion 68-210 of said title and chapter which provides

for the registration of Motor Vehicles at half year

rates and quarter year rates, and for other purposes.

Referred to.Committee on State of the Republic.

By Mr. Rivers of Lanier. House Bill No. 3. A bill to be entitled an Act to
authorize and direct the State Highway Department to
pay two million dollars ot surplus funds into the
State Treasury; to provide for the disbursement or

Mo:-<DAY, jA=-<UARY 14, 1935.

67

said funds to pay school teachers and Confederate Pensioners, and for other purposes.
Referred to the Committee on State of the Republic. By Mr. Rivers of Lanier.
House Bill No. 4. A bill to be entitled an Act to repeal Sec. 62-901 of the Code of Georgia, 1933, (Title No. 62 "Livestock"), creating the office of State Veterinarian, and Section 62-903 of the Code of Georgia of 1933, providing tor his salary and expenses, and for other purposes.
Referred to Committee on State of the Republic. By ~rr. Rivers of Lanier.
House Bill No. 5. A bill to be entitled an Act to define the status of the Regents of the University System of Georgia, and of the members of the Board of Regents of the University System of Georgia, and for other purposes.
Referred to the Committee on State of the Republic. By Mr. Rivers of Lanier.
House Bill No.6. A bill to be entitled an Act to amend Title 92, ("Public Revenue") ,Part IX, ("Income Taxes"),Chapter 92-33 ("Payment; Defiqiencies; Assessment and Collection"); to repeal a certain section, and enact a new section to provide for annual appropriations for refunds of income taxes illegally collected under said title.
Referred to Committee on State of the Rupublic. By Mr. Rivers of Lanier.
House Bill No. 7. A bill to be entitled an Act to create and establish a State Police Patrol in the State of Georgia; to provide for the establishment of a Driver's License Office; and for other purposes.
Referred to the Committee on State of the Republic.

68

JouRNAL or THE HousE,

By Mr. Rivers of Lanier. House Bill No. 8. A bill to be entitled an Act to
amend the Code of Georgia of 1933, by fixing the term of office of the Commissioner of Agriculture at four years, and for other purposes.
Referred to the Committee on State of the Republic. By Mr. Rivers of Lanier.
House Bill No. 9. A bill to be entitled an Act to
amend the Code of Georgia of 1933, by providing a
term of office of four years for the Commissioner of Commerce and Labor, and for other purposes.
Referred to the Committee on State of the Republic. By Mr. Rivers of Lanier.
House Resolution No. 6-9a. A Resolution proposing to the qualified voters of Georgia, an amendment to Article V, Section 1, Paragraph VIII, of the Constitution of Georgia, providing for a LieutenantGovernor, who shall be President of the State, and for other purposes.
Referred to the Committee on State of the Republic. By Mr. Rivers of Lanier.
House Resolution No. 7-9b. A Resolution proposing an amendment to Article III, Section V, Paragraph II of the Constitution of Georgia, which provides for the election of a President of the Senate,by providing that the Lieutenant-Governor shall be President of the Senate, and for other purposes.
Referred to Committee on State of the Republic. By Mr. Rivers of Lanier.
House Resolution No. 8-9c. A Resolution proposing
an amendment to Article v, Section 1, Paragraph II
of the Constitution of Georgia, changing the terms of office of the Governor, and other constitutional state officers, and for other purposes.
Referred to Committee on State of the Republic.

;\losrHY, J.4.Nt:ARY 11, EJ3;J.

69

By Mr. Rivers of Lanier. House Resolution No. 9-9d. A Resolution proposing
an amendment to Article V, Section 1, Paragraph VIII, of the Constitution of Georgia, limiting the duration of extraordinary sessions or the General Assembly to the number of days stated in the proclamation or the Governor convening them, and for other purposes.
Referred to the Committee on State or the Republic. By Mr. Rivers or Lanier.
House Resolution No. 10-9e. A Resolution proposing an amendment to Article VIII, Section ll,Paragraph I, of the Constitution of Georgia, providing for a State School Superintendent in lieu of the State School Commissioner, and for other purposes.
Referred to the Committee on State of the Republic.
The following Resolution of the House was re~_d and adopted: By Mr. Lindsay of DeKalb.
House Resolution No. 11. A Resolution commending President Roosevelt for his efforts and patriotism shown during the time he has been in office.
Mr. Culpepper of Fayette asked unanimous consent that any member having a bill to introduce, to send same to the Clerk's desk, instead of calling the roll of counties for the introduction of new matter, the request was granted, and the following Bills and Resolutions of the House were introduced,read the first time, and referred to the Committees: By Mr. Peters of Meriwether.
House Bill No. 10. A bill to be entitled an Act to create a Judicial Council tor the State of Georgia, and for other purposes.
Referred to the Committee on Special Judiciary.

70

JouRNAL OF THE HousE,

By Messrs. L House Bill

anie No.

r1H1.arAribs

and ill

t

Barrett or o be entitl

Richmond. ed an Act

to amend the Charter or the City or Augusta, so as

to provide tor a Mayor of the City of Augusta; to

provide tor a special election; and tor other pur-

poses.

Referred to the committee on Municipal Government.

By Messrs.Lanier,Harris, and Barrett of Richmond. House Bill No. 12. A bill to be entitled an Act
to amend the Constitution or the State or Georgia, to classify and provide different rates and methods ot taxing property, and tor the taxation or intan.gible property, and for other purposes.

Referred to the Committee on amendments to Constitution No. 1.

By Messrs. Lanier, Harris, and Barrett of Richmond, and Dobbins or Morgan.
House Bill No. 13. A bill to be entitled an Act to fix a license tax on chain stores in Georgia, and to appropriate the first $70,oooor th~ tax collected to the Georgia Training School for Mental Detectives, and for other purposes.

Referred to the Committee on ways and Means.

By Messrs. Rivers of Lanier, Lanier, Harris, and Barrett of Richmond.
House Resolution No. 12-13a. A resolution proposing an amendment to the Constitution of Georgia to exempt from taxation a homestead not exceeding $5000 in value, and for other purposes.

Referred to the Committee on Amendments to Constitution No. 1.

1 By Messrs Lan1er,Harris~and
House B 11 No. 15. A oill

Barrett of Richmond. to be entitled an Act

to amend the Charter of the City of Augusta so as

to abolish the office of Mayor of the City of Au-

gusta,and tor other purposes.

Referred to the Committee on Special Judiciary.

MoNDAY, JANUARY 14, 1935.

71

By Mr. Spivey of Emanuel.
House Bill No. 16. A bill to be entitled an Act to provide for the-appointment of special officers upon the request of the president or resident executive officer of any company or corporation operating and doing business in this state as a common carrier, and for other purposes.
Referred to the Committee on General Judiciary No. 1. B,y Mr. Weathers of Jenkins.
House Bill No. 17. A bill to be entitled an Act to authorize the Board of County Commissioners or other administrative authority in counties of a certain population, to acquire,own,hold,and administer lands for the purpose of creating public parks,and for other purposes.
Referred to the Committee on Counties and County Matters. By Mr. Darnell of Pickens.
House Bill No. 18. A bill to be entitled an Act to provide for the holding of three terms in each year of the Superior Court of Pickens County, and for other purposes.
Referred to the Committee on Special Judiciary. By Mr. Cohen of Chatham.
House Bill No. 19. A bill to be entitled an Act to authorize executors,administrators,etc.,to invest trust funds in any bonds or other obligations of the United States, and to validate investments heretofore made in such securities, and for other purposes.
Referred to the Committee on Special Judiciary. By Messrs. Arnall of Coweta and Rivers of Lanier.
House Bill No. 20. A bill to be entitled an Act to amend the Code of Georgia of 1933, by providing for

72

JouRNAL OF THE HousE,

a State Board or Accountancy, and for other purposes. Referred to the Committee on State or the Republic.
By Mr.Joel or Clarke. House Bill No. 21. A bill to be entitled an Act
to amend an Act to simplify the operations or the Executive Branch or the State Gover.nment,relating to the Board o! Regents or the University System or Georgia, and !or other purposes.
Referred to the Committee on State o! the Republ1 c. By Mr.Joel or Clarke.
House Bill No. 22. A bill to be entitled an Act to amend an Act entitled "An Act to Create a Text Book Cmmnission !or the State or Georgia, and tor other purposes."
Referred to the Committee on State or the Republic. By l"lr. Ansley of DeKalb.
House Bill No. 23. A bill to be entitled an Act to create a State Bureau or Identification and Investigation; to provide tor a Board or Control; and tor other purposes.
Referred to Committee on State or the Republic. By Mr. Sutton o! Wilkes.
House Bill No. 24. A bill to be entitled an Act to require the State Highway Department to pay a sum into the State Treasury rur maintenance or a Department or Georgia State Police, and !or other purposes.
Referred to Committee on Public Highways No. 1. By Mr. Sutton or Wilkes.
House Bill No. 25. A bill to be entitled an Act to regulate the operation of motor vehicles by requiring a drivers license,and for other purposes.
Referred to the Committee on Public Highways No.a

!\loNDAY, JANUARY 14, 1935.

73

B,y Mr. Sutton or Wilkes. House Bill No. 26. A bill to be entitled an Act
to create the Department or Georgia State Police, and !or other purposes.

Referred to the Committee on State or the Republic.

By.Mr. Salter o! Baker. House Bill No. 27. A bill to be entitled an Act
to define the term "Holding Companyn and "Affiliate"; to prohibit holding companies !ram hereatter acquiring the majority or the common capital stock in an:y bank or national banking association in Georgia; ana tor other purposes.
Referred to the Committee on Banks and Banking.

By Mrs. Coxon ot Long.

.

House Bill No. 28. A bill to be entitled an Act

to require all horse or mule drawn vehicles or other

vehicles propelled by muscular power,using the pub-

lic roads and highways or this State at night, to be

equipped with lights or reflectors, and tor other

purposes.

Referred to the Committee on Public Welfare.

By Mr. Musgrove of Clinch. House Bill No. 29. A bill to be entitled an Act
to amend the Code or Georgia or 1933, fixing the compensation or the Chairman or the State Highway Board, and the members, and tor other purposes.

Referred to the Committee on Public Highways No.2.

The following Resolution or the Senate was read and adopted:

B,y Mr. Rawlins ot the 45th District.
Senate Resolution No. 4. Be it resolved by the Senate, the House or Representatives concurring, that a joint committee of two !rom the Senate and three from the House of Representatives be appointed by the President and Speaker respectively, to arrange

74

JouRNAL OF THE HousE,

for the inauguration ceremonies for the Governor at 12 o'clock, noon, Wednesday, January 16th, 1935.
The following Resolution of the House was read and adopted; By Messrs. Harris of Richmond,Pound of Hancock,Barrett of Richmond,and Hatson of Paulding.
House Resolution No. 13. Be it resolved by the House,the Senate concurring,that the General Assembly convene in joint session in the Hall of the House of Representatives at 12 o'clock noon,Wednesday, January 16th, 1935, for the purpose of inaugurating the Governor, and that a committee of five, three to be appointed by the Speaker ot the House, and two to be appointed by the President ot the Senate, to make the necessary arrangements tor the inauguration.
The Speaker announced the appointment of Rev.Harvey W. Wages of Thomas,as Chaplain of the House, Mrs. J.H. Johnson of Jackson as Postmistress,and Mrs.Jack Stewart as Assistant Postmistress.
By unanimous consent,certain members ot the House were allowed to select their seats.
Members ot the House drew their seats under the provisions of Rule 200.
Mr. Harris of Richmond 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.

TuESDAY, jANUARY 15, 1935.

75

Representative Hall, Atlanta, Ga.

Tuesday, January 15, 1935.

The House met pursuant to adjournament 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

Camp

Ennis

Allen

Campbell

Etheridge

Almand of Fulton Caswell

Felton

Almand of Walton Claxton of Camden Flynt

Anderson

Claxton of Johnson Fowler

Ansley of DeKalb Clements of Cal- Freeman of Bibb

Ansley of Lee

houn

Freeman of Ear-

Arnall

Clements of Wheel- ly

Atwood

er

Gammage

Bannister

Cobb

Gardner

Bargeron

Cohen

Garrett

Barnard

Coleman

Gavin

Barrett

Coxon

Gilbert

Batchelor

Culpepper of

Gnann

Bennett

Echols

Grayson

Benton

Culpepper of Fay- Green

Bond

ette

Griffin of De-

Booth

Darnell

catur

Bowden

Daughtry

Griffin of

Black

Davis of Mitchell Floyd

Bland

Davis of Troup Groover

Blease

Deal

Groves

Bloodworth

Dean

Guess

Bradley

DeLoach

Hammock

Brinson

Dobbins

Hampton

Brisendine

Dorris

Hand

Brooks

Douglass

Harris

Brovm of Glynn Durden

Harrison

Brown of Greene Dyer

Hartsfield

Brown of Pike Edwards of Lowndes Herndon

Burgin

Edwards of

Head

Bush

Stephens

Hefner

76

JouRNAL OF THE HousE,

Henderson

Milam

Settle

Hogan

Mills

Shedd

Hogg

Minchew

Shirah

Holland

Mitchell of La- Smith of Madison

Hooks

mar

Smith o:r Webster

Horton

Ni tchell of Tal- Spivey

Houston

iaferro

Standard

Howard of Chat- Moore of Clayton Stephens

tahoochee

Moore of Haral- Sutton

Howard of Screv- son

Swann

en

Morris

Swindle

Jackson of

Moye

Teasley

Blackley

Mundy

Terrell of Hall

Jackson of Hab- Musgrove

Terrell of Troup

ersham

Neal

Terrell o:r Warren

Joel

Newby

Thompson

Johnson

Oden

Thrasher

Johnston

Parham

Tipton

Jones of Brant- Parker of Col- Toms

ley

quitt

Townsend

Jones of Lump- Parker of Union Twitty

kin

Parks

Warnell

Kelley

Parr

Watkins

Lanier

Patten o:r Cook Watson

Lee

Patten of Tift Heathers

Leonard of Mus- Peebles

Heeks

cogee

Peek

Helsch

Leonard of Walk- Perry

West

er

~eters

Whaley

Lewallen

Pound

Whitmire

Lewis

Preston o:r Bul- Williams of Bacon

Lindsay

loch

Williams of Cot-

McBride

Breston of Wal- tee

McCracken

ton

Williams of Jack-

l'IcCranie

Ramsey

son

McCutchen

Rawlins

Williams of Jones

McGraw

Reagan

Willingham

McKelvey

Ross

\Hlson

1-1cNall

Sabados

Woods

Mallory

Salter

Wrench

Mann

Sammon

Young

Manning

Sartain

Zellner

Marshall

Saunders

Mr. Speaker

MaAtin

Scruggs

~See Appendix 1Volume I 1 for absentees.

TL'ESDAY, jANL'ARY 15, 1935.

77

The following message was received from the Senate through Mr. Hammond, the Secretary thereof: Mr. Speaker:
The Senate has adopted by the requ~site constitutional majority the following resolution of the House to wit:
By l'1essrs. Harris of Rictunond, Pound of Hancock, Barrett of Richmond, and Watson of Paulding:
House Resolution No. 13. A Resolution providing for a joint session of the General Assembly for the purpose of inaugurating the Governor.
The President has appointed as a committee on the part of the Senate the following: Senators Skelton of the 30th District and Scott of the 7th District.
The following communication was received from his Excellency, Governor Eugene Talmadge:
January 15, 1935. Hon. E.D. Rivers, Speaker, House of Representatives,Atlanta, Georgia. My dear Ed:
I wish to advise that the contest filed by
Mr. Wyman c. Lowe from McDuffie County, who was
contesting the right of Hon. Joe Goolsby to represent McDuffie County in the General Assembly, has been withdrawn.
Sincerely yours, Eugene Talmadge Governor

78

JouRNAL OF THE HousE,

Mr. Preston of Bulloch, 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, the following bill of the House was withdrawn from the Committee on Public Highways No. 1, and recommitted to the Committee on State of the Republic: By t-lr. Sutton of tHlkes:House Bill No. 24. A Bill to be entitled an Act requiring the State Highway Department to pay a sum into the State Treasury for maintenance of a Department of Georgia State Police, and for other purposes. By unanimous consent, the following bill of the House was withdrawn from the Committee on Public Highways No. 2, and recommitted to the Committee on State of the Republic: By Mr. Sutton of Wilkes:House Bill No. 25. A Bill to be entitled an Act to regulate the operation of motor vehicles by requiring a driver's license. By unanimous consent, the folloviing was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions under the Rules of the House. By unanimous consent, the follov;ing Bills and Resolutions of the House were introduced, read the first time, and referred to the Committees: By Messrs. Terrell of Troup and Almand of Fulton:House Resolution No. 14-29A. A resolution to amend

TVESDAY, ]ANL'ARY 15, 1935.

79

the Constitution of Georgia by addi.ng two new sections to restrict and limit the total mileage which may be levied upon real or personal property for support and maintenance of counties and municipalities.
Referred to Committee on Amendments to Constitution No. 1. By Mr. McCracken, of Jefferson.
House Bil1No.30.A bill to legalize fishing with hook and line at any time, and for other purposes.
Referred to Committee on Game and ,Fish. By Messrs. Ansley, of De~alb, and Marshall of Maco~
House Bill No. 31. A Bill to create a Department of Remedial Loans as a section of the Department of Banking; to define its duties; to regulate and define the business of making personal loans of $1000.00 and less, and to fix the maximl rates of 1nterest;to provide for recording of all loans of licensees in office of Clerks of Superior Court, and for other purposes.
Referred to General Judiciary No. 1. By Messrs. Lanier, Harris and Barrett, of Richmond; Rivers of Lanier and McGraw of Meriwether.
House Bill No. 32. A Bill to amend the Constitution to exe1,1pt $500.00 in value from Ad Valorem taxation in personal property.
Referred to Committee on Amendments to Constitution No. 1. By Messrs. Arnall and Dyer of Coweta.
House Bill No. 33. A bill to amend the Motor Vehicle Laws, Acts 1927, pp. 226, et. seq., so as to require horse and mule drawn vehicles using highways of the State to have a light on rear of such vehicles when traveling the highways at night.
Referred to Committee on Motor Vehicles.

80

JouRNAL oF THE HousE,

By Messrs. Arnall and Dyer, of Coweta. House Bill No. 34. A Bill to prohibit any person,
firn1, corporation or association from soliciting, advertising, or in any way holding themselves out to the public as wanting to become, or as being able to become the executor, administrator, guardian, or trustee of any other person, firnl, corporation, or association, or of any estate.
Referred to Committee on Special Judiciary. By Messrs. Arnall and Dyer of Coweta.
House Bill No. 35. A Bill to amend Article 3 of the Constitution of the State of Georgia so as to authorize a General Assembly of one body.
Referred to Committee on .Amendments to Constitution No. 2. By Messrs.Arnall and Dyer of Coweta.
House Resolution No. l6-35A. A resolution to relieve A.L. Fuller as Surety on forfeited recognizance.
Referred to Committee on Special Judiciary. By I1essrs. Arnall and Dyer of Coweta.
House Bill No. 36. A Bill to amend Paragraph 1, Sec. 4, Article 6 of the Constitution so as to divest the Superior Court of exclusive jurisdiction in divorce cases in counties where a court of Domestic Relations is established.
Referred to Corruni ttee on ilmendments to Consti tution No. 2. By Messrs. Arnall and Dyer of Coweta.
House Resolution No. 17-36A. A resolution to relieve T.G. Farmer, Jr.,as County administrator of Coweta County, and the Sureties on his bond from payment of interest to Estate of George Lee.
Referred to Committee on Special Judiciary.

TcESDAY, }ANCARY 15, 1935.

81

By l1essrs. Arnall and Dyer of Coweta. House Bill No. 37. A Bill to a~end paragraphs 1
and q, Section 15, Article 6 of the Constitution so as to provide for granting of divorces by a Judge of the Superior Court or a Judge of a Court of Domestic Relations in cases not involving property rights.
Referred to Comrni ttee on Special Judiciary. By flessrs. Arnall and Dyer of Coweta.
House Bill No. 38. A Bill to amend Article 6 of the Constitution of Georgia so as to provide for the abolition of _the Court of Appeals of Georgia and to enlarge and define the jurisdiction and duties of the Supreme Court.
Referred to Com~ittee on Amendments to Constitution No. 2. By I1r. Dyer of Coweta.
House Resolution No. 18-38A. A Resolution to authorize the payment of State of Georgia Bonds.
Referred to Committee on Special Appropriations. By Messrs. Groves of Lincoln, and Sutton of Wilkes.
House Bill No. 39. A Bill to Amend Paragraph 1, Section 1 of Article 7 of the Constitution, as amended by amendment thereto approved August 20,1918, to provide for widows of ex-Confederate soldiers to be paid pensions, who were married prior to January 1' 1910.
Referred to Committee on Pensions.
By Mr. Freeman, of Early.
House Bill No. 40. A Bill to amend an act fixing the salary of the County Treasurer of Early County at $200.00 a year, and for other purposes.
Referred to Committee on Counties and County Matters.

82

JouRNAL oF THE HousE,

By Mr. Freeman of Early. House Resolution No. 19-40A. A resolution to
appropriate $25,000.00 to the owner of the first commercial oil producing well in Georgia.
Referred to Committee on Special Appropriations. By Mr. Freeman of Early.
House Bill No. 41. A Bill to repeal an Act creating a County Depository for Early County.
Referred to Committee on Counties and County Matters. By Mr. Marshall of Macon County.
House Bill No. 42. An Act to amend Section 5298 of the Code of 1910; to provide that wages or salaries of resident wage earners, heads of families, earning less than $150.00 per month, shall not be subject to garnishment.
Referred to Committee on Industrial Relations. By Mr. McGraw of Meriwether.
House Bill No. 43. A Bill to require and provide for filing and registration of every note, account, chose in action, claim or demand held by creditors against deceased debtors, with the Ordinary of the County where debtor resided at time of death, to be filed within twelve months after death.
Referred to Committee on Ways and Means. By Mr. McGraw of Heriwether.
Bouse Bill No. 44. A Bill to amend Section 119 of Volume 1 of Parks Annotated code of Georgia relative to election of Constables; to provide for the election of Constables at the same time as election of Justice of Peace, and to provide for a term of four years.
Referred to Committee on Special Judiciary.

TuESDAY, jANt:ARY 15, 1935.

83

By Mr. Atwood of Mcintosh. House Bill No. 45. A Bill regulating the hunting
of l"Iarsh Hens in Mcintosh County.
Referred to Committee on Game and Fish. By Mr. Atwood of Mcintosh.
House Bill No. 46. A Bill amending an Act permitting the taking of catfish in l"lcintosh County, prescribing the method of taking same, and for other purposes.
Referred to Committee on Game and Fish.
By Messrs. Moye and Blease of Brooks. House Bill No. 47. A Bill to prohibit the impor-
tation into Georgia from any other State of Swine, unless same shall have been inoculated for swine plague and cholera; to provide for certificate of duly qualified Veterinarian to accompany said swine for importation.
Referred to Committee on General Agriculture No. 2. By Mr. Moye of Brooks.
House Bill No. 48. A Bill to amend an Act approved August 23, 1905, amending the Acts incorporation the City of Quitman,by striking Section 15 of Said Act, and amending Section 5 of the Act approved August 10, 1921, by striking said section in its entirety and substituting a new section in lieu thereof.
Referred to Committee on Nunicipal Goverrunent.
By Nessrs. Moye and Blease of Brooks. House Bill No. 49. A Bill to fix the amount of
the bond of the Sheriff of Brooks County at $5,000.00.
Referred to Committee on Counties and County Natters.

84

JouRNAL OF THE HousE,

By tlr. Gardner of Candler. House Bill No. 50. A Bill defining the offense
of kidnapping for ransom, and providing for punishment therefore.
Referred to Committee on General Judiciary No. 2. By Messrs. Parker and Shirah, of Colquitt.
House Bill No. 51. A Bill to des1gnate the Taft Memorial Highway in Georgia.
Referred to Committee on Public Highways No. 1. By Messrs. Parker and Shirah of Colquitt, and Hand of l"Ii tchell.
House Bill No. 52. A Bill to provide for the suspension of certain poll tax as a prerequisite to voting in elections and primaries.
Referred to Committee on Privilege and Elections. By Messrs. Harris of Richmond, Terrell of Hall, and Twitty of Ware.
House Bill No. 53. A Bill to amend Title 114 (Workmens' Compensation) and Chapter 114-6 of the Code of Georgia of 1933 by providing for permits to Insurance Companies, persons or corporations insuring the payment of compensation to employees, to be issued by Department of Industrial Relations, and for other purposes.
Referred to Committee on Industrial Relations. By Mr. McNall of Chatham.
House Bill No. 54. A Bill fixing the legal rate of interest that may be charged by all persons, firms, and corporations engaged in lending money in Georgia; defining usury, and providing punishment and penalties for violation of this Act.
Referred to Committee on General Judiciary No. 1. By Mr. Salter of Baker.
House Bill No. 55. A Bill to repeal existing

Tt:ESDAY, jANt:ARY lJ, 1935,

85

laws relating to purchase and sale of salaries; to prohibit the purchase, sale or assignment of salaries for financial gain; to prevent employers from recognizing or paying out salaries of employees under agreement for the sale or assignment of salaries or wages.

Referred to Committee of General Judiciary No. 1.

By l'lessrs. Harris of

Sammon of Gwinnett Richrnond,Spivey of

~mLanauneile,r SoafbaRdiocshmoofnd,

Dougherty and Culpepper of Fayette.

House Bill No. 56. An Act to amend an Act en-

titled "An Act to establish a Department of Insur-

ance" so as to better regulate the business of Life

insurance companies and fraternal Benefit Societies,

and similar companies or societies doing business

in this State.

Referred to Committee on General Judiciar;y No. 1.

By Messrs. Almand of Fulton, Ansley of DeKalb, and Terrell of Troup.
House Bill No. 57. A Bill to amend Article 7, Section 2, Paragraph 2 of the Constitution to exempt from taxation Hospitals and Sanitariums where the income or profit is donated to charity or education.

Referred to Committee on Amendments to Constitution No. 2.

By Messrs. Ansley, Lindsay and Guess, of DeKalb. House Bill No. 58. A Bill authorizing County
Commissioners to place stop signs on highways, and to provide penalties for persons failing to observe same.

Referred to Commi~tee on Public Highways No. 2.

By Messrs. Lindsay, Guess and Ansley, of DeKalb. House Bill No. 59. A Bill to prevent the opera-
tion of any vehicle equipped with a siren or other horn which is commonly used for emergency purposes, except ambulances,fire,police and sheriff automo-

86

JouRNAL oF THE HousE,

biles. Referred to Committee on t'Iotor Vehicles.
By Mr. Thompson of Nuscogee. House Bill No. 60. A Bill to amend the Acts pro-
viding tor an occupation tax upon all distributors ot motor fuels and kerosene, by defining the word "distributor" so that it will not include counties, municipalities and political subdivisions importing motor fuels into this state tor goverr~ental use.
Rete~~ed to Committee on Motor Vehicles. By Mr. Thompson ot Muscogee.
House Bill No. 61. A Bill to amend sub-paragraphs (b) and (d) of paragraph 58 or the General Tax Act approved August 25, 1927.
Referred to Committee on Insurance. By Messrs. Terrell and ~Jest, ot Hall.
House Resolution No. 20-6lA. A resolution proposing an amendment to Article 2, Section l,Paragraph 3 of the Constitution of Georgia,prescribing for qualification of voters by requiring the pa~ent of all poll taxes which may have accrued since January 1st, 1934.
Referred to Committee on Amendments to Constitution No. 2. By Mr.Terrell of Hall.
House Bill No. 62. A Bill to amend an Act establishing a system or Public Schools tor Lula School ,District.
Referred to Committee on Education No. 1. By Messrs. Thompson, Leonard and Brinson or Muscogee.
House Bill No. 63. A Bill to amend and Act amending the Charter ot the City of Columbus.
Referred to Committee on Municipal Government.

TuESDAY, jANUARY 15, 1935.

87

By Mr. Hilliams of Bacon. House Bill No. 64. A Bill to authorize Boards of
County Commissioners of certain counties to prescribe the time the Chairman of such Boards shall devote to County Business, prescribed their compensation for such time, and for other purposes.
Referred to Committee on Counties and County Matters. By Mr. Hilliams of Bacon.
House Bill No. 65. A Bill to repeal an Act creating a County Criminal Court in all counties having a population of not less than 6,458 and not more than 6,462, and transfering all books, suits, mense and final processes, all criminal cases, indictments and all other business now pending in such County Courts to the Superior Courts of such Counties for trial.
Referred to Committee on Counties and County Matters. By Mr. \-Jilliams of Bacon.
House Bill.No. 66. A Bill to amend an act to abolish the office of treasurer of Bacon County so as to reduce the amount of the bond to be given by the depository and disbursing Agent from $25,000.00 to $15,000.00.
Referred to Committee on Counties and County Matters. By Mr. Hilliams, of Bacon.
House Bill No. 67. A Bill to reduce the bond of the sheriff of Bacon County from $10,000.00 to $5,000.00.
Referred to Committee on Counties and County Matters. By Mr. Williams of Bacon.
House Bill No.68. A Bill to authorize and require the State Highway Department to fence all present

88

JouRNAL oF THE HousE,

and future paved and unpaved State and/or Federal Aid roads in all counties of this state not having the "No Fence Law," as embodied in Section 2036 or Michie's Code of Georgia.
Referred to Committee on Public Highways No. 1. By Mr. Williams of Bacon.
House Bill No. 69. A Bill to provide permit residents of all Cow1ties having a population of not less than 7025, nor more than 7075, to take fish rrom the waters or such counties at any time by hook and line only.
Referred to Comrnittee on Game and Fish. By Messrs. Hartsfield, Almand and Ramsey of Fulton.
House Bill No. 70. A Bill to amend the General Tax Act-, Section 2, paragraph 11, and 12 by providing for a lower and different tax on dealers, distributors or solicitors, not including wholesale dealers and distributors, in counties or cities having 200,000 or more inhabitants.
Referred to Committee on Ways and Means. By Messrs. Hartsfield and Almand ofFulton.
House Bill No. 71. A Bill to define the crime of sedition, and prescribe the punishment therefor.
Referred to Committee on 0pecial Judiciary. By Messrs. Almand and Hartsfield, of Fulton.
House Bill No. 72. A Bill to alter and amend the laws relative to practice and procedure in criminal cases.
Referred to Committee on Special Judiciary. By 11r. Douglass of Talbot.
House Bill No. 73. A Bill to reduce the bond of the sheriff of Talbot County from $10,000.00 to
$3,000.00.
Referred to Committee on Counties and County Matters.

J Tt!ESDAY, A~CARY 13, 1935.

89

By Messrs. Edwards of Lowndes, and Milam of Spalding, and others.
House Bill No. 74. A Bill to amend the Code of Georgia of 1933, defining the term "Public Utility", so as to extend the jurisdiction of the Public Service Corrnnission.
Referred to Committee on Public Utilities. By l1r. Edwards of Lovmdes, and others.
House Bill No. 75. A Bill to amend the Code of Georgia of 1933 by providing for the admission in evidence of the record of proceedings before the Public Service Cammission, and furnishing certified copies thereof, and by providing for the expense of furnishing such copies.
Referred to Committee on the State of the Republic. By Mr. Edwards of Lowndes, and others.
House Bill No. 76. A Bill to amend the Code of Georgia of 1933 by adding a new section providing the procedure in cases involving rate orders, and for the designation of Judges to hear same.
Referred to Committee on the State of the Republic. By .Mr. Thompson of riuscogee.
House Bill No. 77. A Bill to define the offense of kidnapping for ransom, and to provide the punishment therefor.
Referred to Committee on General Judiciary No. 2. By Messrs. Lindsay, Ansley and Guess of DeKalb.
House Resolution No. 21-77A. A resolution to pay deferred pension of $1200.00 for years 1919 to 1924, inclusive, to Mrs. Eliza L. Beasley.
Referred to Committee on Special Appropriations.

90

JouRNAL OF THE HousE,

By Mr. Ansley of DeKalb. House Bill No. 78. A Bill to amend the laws re-
lating to practice and procedure in criminal cases.

Referred to Committee on General Judiciary No. 2.

By Mr. Ansley of DeKalb. House Bill No. 79. A Bill to establish Juvenile
Courts in certain counties, defining the powers thereof, and for other purposes.

Referred to Committee on General Judiciary No. 2.

By Mr. Sutton of House Bill No.

Hsoi.lkeAs. Bill

to

amend

the

Constitu-

tion of Georgia to authorize the General Assembly

to exempt 50 acres of land from taxation.

Referred to Committee on Amendments to Constitution No. 1.

By l"Ir. Sutton of Wilkes. House Bill No. 81. A Bill to exempt fifty acres
of land from taxation.

Referred to Committee on Amenmnents to Constitution No. 1.

By Mr. Parker of Union. House Bill No. 82. A Bill to repeal an Act of
March 2, 1933, abolishing the office of County Treasurer of Union County.

Referred to Cmrunittee on Counties and County Matters.

By Mr. Morris of Douglas. House Bill No. 83. A Bill to aznend Section 695
of the Civil Code of Georgia of 1910 relating to road taxes in certain counties, by excepting certain counties from the provisions thereof.

Referred to Committee on Special Appropriations.

Tt:ESDAY, jANCARY l:J, 1935.

91

By I1r. Claxton of Johnson. House Bill No. 84. A bill to amend the Code of
Georgia to provide that a misnomer shall be curable by amendment where it clearly appears the person arraigned is the person intended by the erroneous name.
Referred to Committee on General Judiciary No. 2. By Mr. Claxton of Johnson.
House Bill No. 85. A bill to provide that the judges of the Superior Courts may open their courts at any time without the presence of a jury, to receive and act upon pleas of guilty in misdemeanor cases and felony cases carrying less than capital punishment, and for other purposes.
Referred to Committee on General Judiciary No. 2. By Mr. Claxton of Johnson.
House Bill No. 86. A bill to permit the joining of misdemeanors and felonies less than capital in one indictment, and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Mr. Claxton of Johnson, and others. House Bill No. 87. A bill to amend the Code of
Georgia of 1933 to provide that there shall be no severance when two or more defendants are jointly indicted, with certain exceptions.
Referred to Committee on General Judiciary No. 2. By Mr. Claxton of Johnson.
House Bill No. 88. A bill to provide for the amendment of indictments, presentments or accusations where there is a variance in the proof from the avennents contained therein.
Referred to Committee on General Judiciary No. 2.

92

JouRNAL OF THE HousE,

The following Resolution of the House was read and adopted: By Messrs. Arnall and Dyer of Coweta, and Joel of Clarke.
House Resolution No. 22. Whereas, the Veterans of the World War have heroically and valiantly fought and suffered to protect and safeguard the ideals of America, and whereas, a great number of them surrendered their business and suffered much loss when they volunteered their services to their country, and whereas, our great Country issued to them an adjusted compensation as a mediwn of their appreciation from what they have done when duty called;
Be it resolved: 'I'hat the Congress of the United States, now in session, pay these men in cash their adjusted compensation.
Be it further resolved: That the House of Representatives of the State of Georgia, now in session, go on record favoring the payment of the adjusted compensation.
Iir. Johnston of Upson moved that the House reconsider its action in adopting the Resolution.
On the motion to reconsider, Iir. Gardner of Candler moved the ayes and nays, and the call was not sustained.
l1r. Arnall of Coweta moved the previous question, the motion prevailed, and the main question was ordered.
On the motion to reconsider, the ayes were 90, nays 68, and the motion prevailed.
The resolution was reconsidered. The following amendment was offered: Iir. Lindsey of DeKalb moves to amend House Resolution No. 22, by adding at the end of the second paragraph the following- "Just as soon as they in their judgment feel tllat our national finances

Tt:ESDAY, J.-'1.!\TARY 15, 1935.

93

will permit". Mr. Thompson of Muscogee moved the previous ques-
tion, and the motion prevailed. By unanimous consent, the amenmnent by Mr. Lind-
say of DeKalb was adopted. On the adoption of the Resolution, as amended, Mr.
Barrett of Richmond moved the ayes and nays, and the call was not sustained.
The Resolution was adopted, as amended. 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 Honorable Charles D. Redwine of Fayette, President of the Senate. The Secretary of the Senate read the Resolution providing for the Joint Session of the General Assembly. The following Resolution was read and adopted: By Mr. Harris of Ric~~ondJoint Resolution No. 15. Be it resolved by the General Assembly of Georgia that five tellers be appointed, three from the house, and tvJO from the Senate, to canvass the returns from the last General election, and to report back to the Joint Session. The following communication was received from the Secretary of State.
January 15, 1935. TO THE GENER.A.L ASSEMBLY OF GEORGIA:
I herewith transmit to you the election returns

94

JouRNAL oF THE HousE,

for Governor, Secretary of State, Attorney General, Treasurer, and Comptroller General of the State of Georgia, in the general election held November 6, 1934.

John B. Wilson

Secretary of State.

The President appointed as tellers: Messrs. Atkinson of the 1st District, Cooper of the 22nd District, on the part of the Senate, and the Messrs. Gnann of Effingham, Booth of Barrow, and Barrett of Richmond, on the part of the House.

The tellers submitted the following report.

January 15, 1935.

TO THE GENERAL ASSEl1BLY OF m~ORGIA IN JOINT SESSION:

We, 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, EUGEl~ TALMADGE 53,101 votes, SECRETARY OF STATE:, JOHN B.1tHLSON.53,093 votes, C011PTROLLER GENERAL, lHLLIAM B. HARRISON
............................... 53,088 votes, TREASURER, GEO. B. H.l-ll~liLTON 53,081 votes, ATI'ORNEY GEl~RAL, M.J. YEOI'1.ANS 53,075 votes.

Respectfully submitted:

On part of the Senate D.s. Atkinson of the
w1.os.t. Cooper Jr. of the
22nd.

On part of the House: Verlyn Booth, Barrow Co. Fred B.Gnann,Effingham,Co. \~ .K. Barrett, Richmond Co.

Mr. Barrett of Richmond moved that the report of the Tellers be adopted, the motion prevailed, and the report was adopted.

TUESDAY, }ANUARY 15, 1.935.

95

Mr. Harris of Richmond moved that the Joint Session of the General Assembly do now dissolve, and the motion prevailed.
The Speaker called the House to order. Under the provisions of House Resolution No. 13, the Speaker appointed the following members, on the part of the House, to arrange for the inauguration of the Governor:
Messrs. Twitty of Ware, Marshall of Macon, Musgrove of Clinch.
Mr. Harris of Richmond moved that the House do now adjourn, and the motion prevailed.
Leave of absence was granted to Mr. Stephens of Laurens.
The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

96

JouRNAL oF THE HousE,

Representative Hall, Atlanta, Ga. Wednesday, January 16, 1935.

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 thelr names:

Adams

Camp

Felton

Allen

Campbell

Flynt

Almand of Fulton Caswell

Fowler

Almand of Walton Claxton of Camden Freeman of Bibb

Anderson

Claxton of Johnson Freeman of Early

Ansley of DeKalb Clements of Cal- Gammage

Ansley of Lee houn

Gardner

Arnall

Clements of Wheel- Qarrett

Atwood

er

Gavin

Bannister

Cobb

Gilbert

Bargeron

Cohen

Gnann

Barnard

Coleman

Goolsby

Barrett

Coxon

Grayson

Batchelor

CUlpepper of Echols Green

Bennett

Culpepper of Feyette Griffin of De-

Benton

Darnell

catur

Bond

Daughtry

Griffin of

Booth

Davis of Mitchell Floyd

Bowden

Davis of Troup Groover

Black

Deal

Groves

Bland

Dean

Guess

Blease

DeLoach

Hammock

Bloodworth

Dobbins

Hampton

Bradley

Dorris

Hand

Brinson

Douglass

Harris

Brisendine

Durden

Harrison

Brooks

Dyer

Hartsfield

Brovm of Glynn Edwards of Lowndes Herndon

Brown of Greene Edwards of Ste- Head

Brovm of Pike

phens

Hefner

Burgin Bush

Ennis Etheridge

Henderson Hogan

WEDNESDAY, _T.-\NL'A~Y 16, 1935.

97

Hogg

Minchew

Smith of Madison

Holland

Mitchell of Lamar Smith of Webster

Hooks

Mitchell of Tal- Spivey

Horton

iaferro

Standard

Houston

Moore of Clayton Stephens

Howard of Chat- Moore of Haral- Sutton

tahoochee

son

Swann

Howard of Screv- Morris

Swindle

en

Moye

Teasley

Jackson of

Mundy

Terrell of Hall

Bleckley

Musgrove

Terrell of Troup

Jackson of Hab- Neal

Terrell of War-

ersham

Newby

ren

Joel

Oden

Thompson

Johnson

Parham

Thrasher

Johnston

Parker of Col- Tipton

Jones of Brant- quitt

Toms

ley

Parker of Union Townsend

Jones of Lump- Parks

Twitty

kin

Parr

Warnell

Kelley

Patten of Cook Watkins

Lanier

Patten of Tift Watson

Lee

Peebles

Weathers

Leonard of Mus- Peek

Weeks

cogee

Perry

Welsch

Leonard of Walk- Peters

West

er

Pound

Whaley

Lewallen

Preston of Bul- Whitmire

Lewis

loch

Williams of Ba-

Lindsay

Preston of Wal- con

McBride

ton

Williams of Cof-

McCracken

Ramsey

. fee

McCranie

Rawlins

Williams of

McCutchen

Reagan

Jackson

McGraw

Ross

Williams of

McKelvey

Sabados

Jones

McNall

Salter

Willingham

Mallory

Sammon

Wilson

Mann

Sartain

Woods

Manning

Saunders

Wrench

Marshall

Scruggs

Young

Martin

Settle

Zellner

Milam

Shedd

Mr. Speaker

M~ls

Shirah

~See Appendix,Volume I,for absentees.

98

JouRNAL or THE HousE,

Mr. Preston ot Bulloch,Chair.man ot the Committee
on Journals,reported that the Journal or Yesterday's proceedings had been read and found correct.
By unanimous consent,the reading or the Journal or yesterday's proceedings was dispensed with.
The Journal was confirmed. By unanimous consent the following was established as the order or business during the first part of the period or unanimous consents: 1. Introduction or Bills and Resolutions under the Rules ot the House. By unanimous consent the following Bills and Resolutions or the House were introduced, read the first time, and referred to the Committees: By Mr. Morris ot Douglas. House Bill No. 89. A bill to be entitled an Act to abolish the offices or tax receiver and tax collector or Douglas County; to create the office or county tax-commissioner, and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. Culpepper of Fayette,Harris,Lanier and Barrett ot Richmond, and Lindsay ot DeKalb. House Bill No. 90. A bill to be entitled an Act to provide tor license and excise taxes upon the business of dealing in malt beverages, and tor other purposes. Referred to the Committee on Temperance. By Messrs. Grayson ot Chatham, Rivers ot Lanier, Harris of Richmond, and others. House Bill No. 91. A bill to be entitled an Act to propose to the qualified voters of the State or Georgia, and amendment to the Constitution, authorizing the levying or a tax to provide tor the payment of Old Age Pensions by the State or Georgia,

WEDNESDAY, jANUARY 16, 1935.

99

and tor other purposes. Referred to the Committee on Amendments to the
Constitution No. 1. B,y Mr. Grayson of Chatham.
House Bill No. 92. A bill to be entitled an Act providing tor the payment of Old Age Pensions by the State of Georgia, defining qualifications of applicants, providing tor the levying or a tax, and tor other purposes.
Referred to the Cammittee on Pensions. B,y Mr. Brinson or Muscogee. House Bill No. 93. A bill to be entitled an Act to repeal Section 1036 of the Penal Code of 1910 which provides tor the statements ot the defendant in a criminal trial, and tor other purposes.
Referred to the Committee on General Judiciary No. 2.
By Mr. Brinson of Muscogee .House Bill No. 94. A bill to be entitled an Act to require all policies of life insurance issued by any company doing business in this State to provide tor an automatic premium loan to the extent or the equity or the insured in such policies, and tor other purposes. Referred to the Committee on Insurance. By Mr. Brinson ot Muscogee. House Bill No. 95. A bill to be entitled an Act to provide tor the waiving or all costs, interest, ti fa cost tor delinquent poll tax payment,and tor other purposes. Referred to the Committee on General Judiciary No. 2. By Messrs. Durden and Sabados or Dougherty. House Bill No. 96. A bill to be entitled an Act to

100

JouRNAL oF THE HousE,

amend an Act so that in all uncontested divorce suits the Court shall render judgment without the verdict or a jury, and tor other purposes.
Referred to the Committee on General Judiciary No. 2. By Messrs. Woods and Spivey of Emanuel.
House Bill No. 97. A bill to be entitled an Act to amend an Act to establish the City Court ot Swainsboro, and tor other purposes.
Referred to the Committee on Special Judiciary. By Mr. Milam of Spalding.
House Bill No. 98. A bill to be entitled an Act to provide funds tor the development or the oyster industry of Georgia, and tor other purposes.
Referred to the Committee on Game and Fish. By Messrs. Blease and Moye or Brooks.
House Bill No. 99. A bill to be entitled an Act to repeal an Act to change from the tee to the salary system in certain counties in the State or Georgia, in reference to the Clerk ot the Superior Court, and tor other purposes.
Referred to the Committee on Counties and County Matters. By Messrs.Arnall and Dyer or Coweta.
House Bill No. 100. A bill to be entitled an Act to relate to the giving or proof or financial responsibility by owners and operators or motor vehicles, and to make uniform the laws with reference, thereto.
Referred to the Committee on Motor Vehicles. By Messrs. Arnall and Dyer or Coweta.
House Bill No. 101. A bill to be entitled an Act to provide tor the issuing or licenses to the operators of motor vehicles in this State, and tor

\\'EDNESDAY, jANUARY lG, 1935.

101

other purposes. Referred to the Committee on Motor Vehicles.
By Messrs. Manning and Welsch of Cobb. House Bill No. 102. A bill to be entitled an Act
to create tour terms of Superior Court of Cobb County, and tor other purposes.
Referred to the Committee on Counties and County Matters. By Mr. Burgin of Marion.
House Bill No. 103. A bill to be entitled an Act to amend the Constitution of the State of Georgia, by prescribing that no local or special bills shall be introduced into the General Assembly, and for other purposes.
Referred to the Committee on Amendments to the Constitution No. 1. By Messrs.Gardner of Candler and Woods of Emanuel.
House Bill No. 104. A bill to be entitled an Act defining relationship of Judge and Jurors, and when they shall be disqualified, and for other purposes.
Referred to the Committee on General Judiciary No. 1. By Messrs. Bloodworth, Bowden, and Freeman of Bibb.
House Bill No. 105. A bill to be entitled an Act to repeal an Act which provides the time at which primary election tor nomination for county officers shall be held, in certain counties of this State, and for other purposes.
Referred to the Committee on Counties and County Matters. By Mr. Lewallen of Banks.
House Bill No. 106. A bill to be entitled an Act to amend an Act known as the Neill-Traylor hi:ghway Bill,and for other purposes.
Referred to the Committee on Public Highways No.2.

102

JouRNAL oF THE HousE,

By Messrs. Claxton ot Johnson, Rawlins of Ben Hill and others.
House Bill No. 107. A bill to be entitled an Act to provide for the payment of a license by all persons fishing within the State of Georgia, and for other purposes.
Referred to the Committee on Game and Fish. By Mr. Bermett of Ware.
House Bill No. 108. A bill to be entitled an Act to amend the Code of Georgia to provide for making defense in attachment cases, and for other purposes.
Referred to the Committee on Special Judiciary. By Mr. Sutton of Wilkes.
House Bill No. 109. A bill to be entitled an Act that the punishment for armed robbery shall be death, and for other purposes.
Referred to the Committee on General Judiciary No. 1. By Mr. Oden of Pierce.
House Bill No. 110. A bill to be entitled an Act to amend an Act to provide and establish a Charter for the City of Blackshear, and for other purposes.
Referred to the Committee on MUnicipal Government. By Mr. Oden of Pierce.
House Bill No. 111. A bill to be entitled an Act to amend an Act requiring the Board of Commissioners of Roads and Revenues of Pierce County to live in the City ot Blackshear, and for other purposes.
Referred to the Committee on MUnicipal Government. By Mr. Warnell of Bryan.
House Bill No. 112. A bill to be entitled an Act to authorize the tax collecting officials of Bryan

\VEDXESDAY, jA!'.'CARY 16, 1\)3.),

103

County to collect delinquent taxes by levy and sale in the same manner as Sheriff's are now authorized to collect same, and for other purposes.

Referred to the Committee on Counties and County Matters.

By l1r. Harnell of Bryan. House Bill No. 113. A bill to be entitled an Act
to amend an Act creating a Board of Commissioners of Roads and Revenues of Bryan County, and for other purposes.

Referred to the Committee on Coun~ies and County Matters.

By Mr. Warnell of Bryan.
House Bill No. 114. A bill to be entitled an Act to require certain officers of Bryan County to furnish and give bond, and for other purposes.

Referred to the Committee on Counties and County

Matters.

.

By l1r. Harnell of Bryan.

House Bill No. 115. A bill to be entitled an Act

to abolish the offices of tax collector and tax re-

ceiver of Bryan County; to create the office of tax

commissioner, and for other purposes.

Referred to the Committee on Counties and County Matters.

By Messrs. Almand and Hartsfield of Fulton, and Terrell of Troup.
House Bill No. 116. A bill to be entitled an Act to authorize the courts of record to render a declaratory judgment, and to provide the procedure therefor, and for other purposes.

Referred to the Committee on General Judiciary No. 1.

104

JouRNAL oF THE HousE,

By I'1r. Almand ot Fulton. House Bill No. ll7.A bill to be entitled an Act to
define the offense ot operating a motor vehicle while under the influence ot intoxicating liquors, and tor other purposes.

Referred to the Committee on Motor Vehicles.

By I'1r. Almand ot Fulton. House Bill No. 118. A bill to be entitled an Act
to define the offense ot kidnaping an individual with intent to hold !or ransom, and tor other purposes.

Referred to the Committee on General Judiciary No. 1.

By I-'Ir. Almand ot F'ulton. House Bill No. 119. A bill to be entitled an Act
to amend Sections 149 and 150 ot the Penal Code ot 1910, so as to fix the punishment or the offense or robbery by open force, by imprisonment tor lite, it at the time of the robbery, a weapon was used which when used would likely cause death, apd tor other purposes.

Referred to the Committee on General Judiciary No. 1.

By Mr. Almand ot Fulton.

House Bill No. 120. A bill to be entitled an Act

to amend Section 147 or the Code ot 1910 so as to

fix the penalty tor burglary, and tor other pur-

poses.



Referred to the Committee on General Judiciary No. 1.

By I'1r. Almand of Fulton. House Bill No. 121. A bill to be entitled an Act
to amend an Act to make the larceny ot any automobile, etc., a felony, and tor other purposes.

Referred to the Committee on General Judiciary No. 2.

\\'EDNESDAY, jANUARY 16, 1935.

105.

By Mr. Almand of Fulton. House Bill No. 122. A bill to be entitled an Act
to punish bail jumping, and for other purposes. Referred to the Committee on General Judiciary
No. 2. By Mr. Smith or Ma.dison.
House Bill No. 123. A bill to be entitled an Act to abolish the City Court of Madison County, and for other purposes.
Referred to the Committee on Special Judiciary. By Mr. Batchelor of Putnam.
House Bill No. 124. A bill to be entitled an Act to fix the amount of the bond of the Sheriff of Putnam County, and for other purposes.
Referred to the Committee on Counties and County Matters. By Mr. Batchelor of Putnam.
House Bill No. 125. A bill to be entitled an Act to define the offense of kidnaping for ransom, and for other purposes.
Referred to the Committee on Special Judiciary. By Messrs. Edwards of Lowndes., Jackson of Blackley, Dyer of Coweta, and others.
House Bill No. 126. A bill to be entitled an Act to amend an Act so as to fix the salaries or the Prison Commissioners, and for other purposes.
Referred to the Committee on.state or Republic. By Messrs. Patten of Tift, Houston of Worth, and others.
House Bill No. 127. A bill to be entitled an Act to change the time or holding the Superior Court ln

106

JouRNAL OF THE HousE,

Irwin, Tift, and Turner Counties, and tor other purposes.
Referred to the Committee on Counties and County Matters. By Mr. Henderson ot Irwin.
House Bill No. 128. A bill to be entitled an Act to appropriate the sum or $2500 tor the purpose or erecting a marker on the State property in Irwin County where Jet! Davis was captured, and tor other purposes.
Referred to the Committee on Special Appropriations. By Mr. Henderson o! Irwin.
House Bill No. 129. A bill to be entitled an Act to amend an Act known as the Georgia Motor Vehicle Law, so as to provide !or a license to operate a vehicle, and tor other purposes.
Referred to the Committee on Motor Vehicles. By Mr. Smith of Madison.
House Bill No. 130. A bill to be entitled an Act to change the terms ot the Superior Court ot Madison County, and tor other purposes.
Referred to the Committee on Counties and County Matters. By Mr. Sartain of Walker.
House Bill No. 131. A bill to be entitled an Act to provide !or the preservation or historical matter by Counties, and !or other purposes.
Referred to the Committee on Historical Research. By Messrs. Terrell, Davis, and Groover or Troup.
House Bill No. 132. A bill to be entitled an Act to authorize the Board or Regents to dispose or real and personal property and tor other purposes.
Referred to the Committee on University System or Georgia.

\

7 \

ED

N

ES

DA

Y

,

jANUARY

16,

1935.

107

By Mr~ Almand of Walton. House Bill No. 133. A bill to be entitled an Act
to compel the discontinuance of the fleet rate discrimination in writing automobile liability and property damage insurance by casualty companies in the State of Georgia, and for other purposes.
Referred to the Committee on Insurance. By Mr. Almand of Walton.
House Bill No. 134. A bill to be entitled an Act to make it unlawful to sell or barter any planting seed differing in variety from that so advertised, and for other purposes.
Referred to the Committee on General Agriculture No. 2.
By Mr. Howard of Screven. House Bill No. 135. A bill to be entitled an Act
to fix the amount of the bond of the sheriff of Screven County, and for other purposes.
Referred to the Committee on Counties and County Matters. By Mr. Camp of Carroll.
House Bill No. 136. A bill to be entitled an Act to provide for the patrol of State Highways by State Pollee, and drivers licenses, and tor other purposes.
Referred to the Committee on Motor Vehicles. By Mr. Camp of Carroll.
House Bill No. 137. A bill to be entltled an Act to amend the Georgia Motor Vehicle Law adjusting the speed.limlt to modern driving conditions, and for other purposes.
Referred to the Committee on Motor Vehicles.

108

JouRNAL oF THE_ HousE,

By l"1r. Camp of Carroll. House Bill No. 138. A bill to be entitled an Act
to amend the Income Tax Law of Georgia, by lowering the exemptions andraising slightly the rates in the upper brackets, and for other purposes.

Referred to the Committee on Ways and Means.

By Messrs. Ennis and Allen of Baldwin. House Resolution No. 23-138a. A Resolution to ap-
propriate to the Mayor and Aldermen of the City of Milledgeville a certain sum for the redemption of paving bonds, and tor other purposes.

Referred to the Committee on Special Appropriations.

By Messrs. Parker and Shirah of Colquitt. House Resolution No. 24-138b. A Resolution to au-
thorize the Highway Department to pave a certain road leading- to Ellenton, Ga. Consolidated School, and for other purposes.

Referred to the Committee on Public Highways No. 2.

By Messrs. Johnson of Seminole, and Townsend of Dade.
House Resolution No. 25-138c. A Resolution proposing an amendment to the Constitution of the State of Georgia, exempting from all ad valorem taxation, except special assessments and taxation for any existing bonded indebtedness, a homestead not exceeding $300 in value, and for other purposes.

Referred to the Committee on Amendments to the Constitution No. 1.

By Mr. Hartsfield of Fulton.

House Bill No. 139. A bill to be entitled an Act

to amend Title viso exempting

92 gr

o1

Publ cers,

i

c e

t

Revenue, c. sellin

by g

add1hg coal in

a probags,

and for other purposes.

Referred to the Committee on Ways and Means.

WEDNESDAY, jANt:ARY 16, 1935.

109

By Mr.Dobbins of Morgan. House Bill No. 140. A bill to be entitled an Act
to repeal an Act fixing the license tee tor retailing or vending spirituous liquors in Morgan County at $15,000, and tor other purposes.
Referred to the Committee on Temperance. By Mr. Dobbins of Morgan.
House Bill No. 141. A bill to be entitled an Act to repeal an Act to prohibit the manufacture in Morgan County or any alcoholic liquors, etc., and tor other purposes.
Referred to the Committee on Temperance. By Mr. Dobbins of Morgan.
House Bill No. 142. A bill to be entitled an Act to repeal an Act to create a Board or Commissioners tor the County of Morgan, and tor other purposes.
Referred to the Committee on Counties and County Matters. By Mr. Dobbins of Morgan.
House Bill No. 143. A bill to be entitled an Act to create the office of Commissioner of Roads and Revenues in and tor the County of Morgan, and tor other purposes.
Referred to the Committee on Counties and County Matters.
By unanimous consent, the foll~wing bills or the House were withdrawn tram the Committee on Game and Fishl and recommitted to the Committee on Counties and t.:ounty Matters: By Mr. Atwood of Mcintosh.
House Bill No. 45. A bill to be entitled an Act to regulate the hunting of marsh hens in Mcintosh County, and tor other purposes.

110

JouRNAL oF THE HousE,

By Mr. Atwood of Mcintosh. House Bill No. 46. A bill to be entitled an Act
to amend an Act to permit the taking of catfish in Mcintosh County, and for other purposes.
The following Resolution of the House was read: By Messrs. Harris of Richmond,Culpepper of Fayette, Spivey of Emanuel,and McCracken of Jefferson.
House Resolution No. 26. Be it resolved by the House,the Senate concurring,that the General Assembly of Georgia reconvene,in regular session at ten o'clock A.M. on Thursday,January 24, 1935.
The following Amendment was read: Mr. Kelley or Elbert moves to amend House Resolution No. 26, by striking January 24 where the same appears in said resolution and insert in lieu thereor January 28. On the adoption or the amendment the ayes were 110, nays 60. The Resolution was adopted,as amended. Mr. Green of Rabun,Chairman of the Committee on Privileges and Elections submitted the following report: Mr. Speaker: We the Committee on Privileges and Election-meeting held in committee rooms January 15, 1935. Meeting called to order by Chm. Green, Sec. Watson. Contest of H.L. Williams and G.A. Ray heard. Upon due motion and duly seconded-Majority of Committee recommends that G.A. Ray be seated as Representative of Appling County.
Lamar Green, of Rabun Chairman. H.H. Watson, of Pauld{ng,Secretary.
The report or the Committee on Privileges and Elections was adopted.
The Speaker appointed as a Committee of Escort to escort Honorable G.A. Ray of Appling to the House of Representatives,the following:

\\'EDNESDAY, jANUARY lu, 1935.

111

Messrs. J.E.B. Stuarti Special Attorney !or Mr. Ray, W11 lams o! Coffee, Barrett of Richmond, Woods o! Emanuel, Minchew o! Atkinson.
Representative-elect G.A. Ray of Appl1ng,and Joe Goolsby of McDu!f1e,came forward to the bar of the House of Representat1ves,and the oath of office was administered to them by Judge I.H. Sutton of the Court o! Appeals of Georgia.
The Committee, on the part of the House,to arrange !or the inauguration ceremonies of the Governor-elect made the following report which was adopted:
Mr. Speaker: Your Committee appointed on the part of the House
to escort the Governor-elect to the place of inaugural beg to submit the following as the program.
PROGRAM OF THE INAUGURATION OF GOVERNOR-ELECT EUGENE TALMADGE, JANUARY 16TH, 1935.
1. Joint Session General Assembly of Georgia. 2. Comm1ttee to notify Governor-Elect and escort
him to the Hall of the House of Representatives. 3. Invocation by Dr. Louie D. Newton~ Pastor,Ponce
de Leon Baptist Church. 4. Delivery of Seal by John B. Wilson,Secretary of
State. 5. Administering o! Oath by Chief Justice Richard
B. Russell, Sr., of the Supreme Court. 6. Inaugural Address,Governor-Elect Eugene Tal-
madge.
Entrance into the Hall will be in the following order:
1. The Governor-Elect with the Legislative Co~t tee and the Adjutant General; the Governor's wife and children.
2. Ex-Governors. 3. Secretary of State,John B. Wilson,and Chief Jus-
tice Richard B. Russell,Sr., of the Supreme Court. 4. Justices of the Supreme Court and Court o1 Appeals.

112

JouRNAL oF THE HousE,

5. Members o! the Governor's Stat!. 6. Governor's party. The party will !orm in the Governor's O!!ice at 11:30 A.M. then proceed !rom the Governor's O!!ice when notified by the Legislative Committee at noon, and will march to the Inauguration in column o! twos. A loud speaker has been installed that will carry the Governor's address to all parts o! the Capitol and Grounds.
Rw..vT. wMitutsygroo!veW,oa!re6Clihnacirhm. an.
A.A. Marshall o! Macon. The hour o! convening o! the joint session o! the House and Senate having arrived,the Senate appeared upon the !loor o! the House,and the Joint Session, convened !or the purpose o! inaugurating the Governor-elect,was called to order by Honorable Charles D. Redwine,President o! the Senate. The Secretary of the Senate read the Resolution providing !or the Joint Session o! the House and Senate. Governor-elect Eugene Talmadge,with the Honorary Committees o! Escort,appeared upon the !loor o! the House,and were escorted to the Speaker's stand. The following program was carried out:
1. Invocation by Dr. Louie D. Newton, Paster, Ponce de Leon Baptist Church.
2. Delivery of Seal by John B. Wilson,Secretary of State.
3. Admdnistering o! Oath by Chie! Justice Richard B. Russell, Sr., o! the Supreme Court.
4. Inaugural Address,Governor-Elect Eugene Talmadge.

\VED!\'ESDAY, ]AKCARY Hi, 1935.

113

MR.PRESIDENT ,:MR.SPEAKER,MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA, AND MY FELLOW
COUNTRYMEN:
Two years ago I raised my hand to Almighty God and subscribed to the oath which I have just repeated.
During these past two years we have been busy here in the State. I think we have accomplished some things that are fundamental, and I wish to brieflY give an accounting of this stewardship to the General Assembly of Georgia.
Two years ago,just after the General Assembly adjourned there was certain legislation which had been pending before that body and which had been voted on by the people. The House and Senate did not get together on this legislation. So, right after the Legislature adjourned, I issued an executive order, declaring the price, or exempting our people from paying more than $3.00 for all automobile,truck and bus tags in the State of Georgia.
That action,my fellow countrymen,saved the people in Georgia,in 1933, $2,515,060.33. That same Executive Order was repeated in 1934, and during the year 1934, the amount that was suspended and left with the people amounted to $3,042,672.83.
However,I might add that during 1932, we had 287,198 motor vehicles registered in Georgia and sold that many more tags at the old high price. During 1933,or after the reduction,of the price of tags to $3.00 it rose to 319,446 motor vehicles, and in 1934,that number rose to 396,685 - or an increase in 1934 over 1932 of 109,487 motor driven vehicles in the State of Georgia.
I might add again that the increase in gasoline consumption was $2,973,242.55; that is, the 6 cent tax that comes to the State increased in the amount of $2,973,242.55 during the year 1934 over the year 1932,Jland with the amount received from the ~ags and

114

JouRNAL OF THE HousE,

the extra increase in the income from the gas tax, there is very little difference in the revenue of the State by the price of tags having been reduced to a flat rate of $3.00.
I might add this: The 109,487 additional motor vehicles on the highways of Georgia certainly furnishes thousands of jobs to people working in garages,selling tires and automobile fixtures.
I believe that a step out of our economic depression was gained from the reduction to the flat rate of $3.00 for tags,and this contributed more than any other move that could have been made at the time.
After that,my fellow countrymen, I made a trip all over Georgia. I knew that millions of dollars were being expended by the Highway Department. I had an itemized list of the expenditures,which was filed with me,under the provision of the Budget Law, which you enacted in 193l,and on that list there were over 300 engineers,about 175 lines.men,rodmen and draftsmen. Having just made the trip over the State,and seeing sometimes,squads of a dozen or more engineers surveying a road that had already been graded,and bridges that were already built, I thought that the overhead of the Highway Department should be reduced,especially when schools and other Departments of State were underpa1d,and our school teachers had not,in some cases,had their salaries in two years.
I knew we could not tax our already tax-burdened people more, and I thought the thing to do was to cut down all useless overhead in that giant Highway Department that was spending over one-half of the revenue of the State. I insisted that the Highway Department accept the amendment of the budget. When they refused to accept these amendments, and wished to operate without any budget,it became my duty to place men on the Highway Board who would obey the budget laws of Georgia.

\\'EDXESDAY, jANCARY IG, 1933.

115

I appointed three new men,and I am proud to tell you that since the reorganization of the Highway Depattment,and I am quoting the Auditorts figures, we have saved in the overhead expenses of 1933 $1,1341 088.17, and in 1934 $1,134,000.00.
There were other activities that the law imposed upon me as the Chief Executive of the State.
During the war,utility rates were advanced in some instances 100 per cent,and we did not care. we thought they should be because the price of labor ~d materials and everything else was getting higher.
But,after the war,instead of the utility rates earning down,in a great many instances,they advanced, and freight rates in particular,had advanced three times after our boys came back from across the seas.
MY countrymen,! looked into the law. I looked into the rate charges. I knew my telephone down in Telfair County on the farm, had advanced from $1.50 per month during war times to $2.25 per month, and I found that here in Atlanta the cost of a business telephone had advanced from $5.50 to $10.00.
I knew that all transportation rates and passenger rates had advanced so that if you shipped produce over the railroads it would hardly bring the freight. I knew that before passenger rates were lowered,even the lawyers for the railroad companies, who rode on passes,hated to ride on the trains because they were so lonesome. A petition was filed with me, complaining of the action of the old Public Service Commission by the Georgia Federation of Labor. On this petition, I filed a rule nisi to show cause before me why they should not be removed if the charges were sustained, and after an investigation of 19 days these charges were sustained,at least to this point: All five members of the Commission swore on direct questions

116

JouRNAL oF THE HousE,

by me that the old rates were reasonable,and as low as they could get them,although all other prices had come down,and that it was reasonable and right to keep the power rates,the telephone rates,and the transportation rates up at the price they were when cotton was 40 cents a pound and corn $3.00 a bushel. After cotton dropped to 5 cents a pound and corn to 40 cents a bushel, these rates were kept just as high.
We removed the old Public Service Commission and appointed five new men,and a special report of the evidence that developed in that hearing will be filed with you,ladies and gentlemen of the General Assembly,on the 11th day of this session - that is as soon as the law permits,and in that report will be found all the evidence that was brought out at that hearing.
After the appointment of the new Commission,they took up the reduction of utility rates, and I want to report to you what they did.
They reduced the freight rates - in intra-state rates,tbat is the hauling inside the State and this is the only one they have any jurisdiction over, 17%,and in some instances, more. I wish to state here that the Southeastern territory, that is the territory south of the Ohio River pays on Interstate shipments 33 1/3% higher than they do in the official territory that is,north of the Ohio River. In other words, you ship goods into Georgia from the northeastern States,or the central western States,bring it down here and take the same articles and ship them back to the point of destination,and the charges will be three and one-half times more than the charges for sending them into our State.
Talk about calling on manufacturers and businesses to come into Georgia and this section,and they have a handicap of 33 1/3% on transportation charges! Before this General Assembly adjourns,! hope that you will pass a resolution calling on our Congress to equalize the rates and make them on a mileage

WEDNESDAY, jANUARY 16, 1935.

117

basis from all points in the country. I wonrt take time to itemize them, but the new
Public service Commission has not shown any favoritism. They have a conservative estimate or the /reductions in utility rates in Georgia per annum, without the increase in business on account or new customers, which amounts to over $6,000,000 per year. I wish to say when they reduce the telephone rates in Atlanta from $10.00 to $7.50 they reduced the others in proportion.
During the first six months after these reductions went into effect, the telephone company put in over 40,000 additional telephones in Atlanta alone. When they reduced the rates or the Georgia Power Company and other power companies, I had a statement from the companies that their demands for new installments were so large they could hardly get the men to put them in.
You people know what happened on the railroads when they cut their rates. I used to go to the Terminal Station, and to the depot at Waycross,or Albany, and there would be more employees than passengers there. But now, take a trip to these stations and you will see them filled with people who are riding on the trains, and freight trains are stretched out and getting longer.
Right here I want to say that with reasonable freight rates and transportation rates, you are crowding the trains and need a full-crew law.
MY countrymen, I wish to state to you one other activity we have had. Along in July, after our efforts with the utility rates and with the Highway Department, it was my duty to levy the State ad valorem tax.
The law provides that we can not exceed a levy or five mills. For years, it has been five mills, with varying exceptions. Some have reduced it to 4.93, and same to 4.98. Hon. John B. Gordon levied a tlat

118

JouRNAL OF THE HousE,

rate or four mills and for the first time since Gordon was Governor or Georgia, we again went back and cut the ad valorem tax 2rf%, and put on a flat rate or four mills.
In 1933,the reduction or one mill in the State ad valorem tax saved the people or this State, and left in their pockets, $1,245,229.25. In 1934,the assessment had been reduced on property, and we saved on this reduction or one mill $979,773.29.
Right here, I wish to call your attention to this: The people here who get their tax receipts know. Look at them - the smallest bracket is the State tax,and I think the reason for it is because it has always been under the spotlight.
The State Auditor published the rolls in the newspapers,1t would be used in practically every State campaign. We have kept it reasonable and kept it down.
But this is the sad part. I have received letters from residents of counties,saying that as soon as the State cut the ad valorem tax one mill the county added on two mills.
I wish to call your attention,ladies and gentlemen of the General Assembly to the fact that there are counties in Georgia with a county levy,independent of the school levy,as low as three mills. They are up-to-date,thriving count1es,with good towns and good schools and progressive and getting along all right.
Ladies and gentlemen of the General Assembly of Georgia,you could not do a better thing at this session of the General Assembly than to do for your counties and municipalities just what has been done to the State. Place a limit on the amount of taxes they can levy.
Now,my countrymen,these are some of the activities that we have had during the past two years

WEDNESDAY, jANt:ARY 16, 1935.

119

while you were away. I welcame you here,the State welcomes you, the
people of Georgia, I mean the working people, the men and women who are out trying to work for a living and pay taxes, and are not looking for re-
. lief - these are the people who are looking to you
Now,lets see. There has been a great deal said as to where the money goes in Georgia. I wish to state to you in a brief way where some of it goes:
Our largest expenditure, not of the State alone but of the State with the help of the Federal Government1 (and the last allotment we received fram them was ~lo,ooo,ooo) is for highway purposes. The largest expenditure of the State is $12,000,000.00 by that Department.
The schools of Georgia costs its people $16,792,185.50 per year. In other words, Georgia taxes per pupil, white and black, amount to $17.75 per year, for education. This is what the State Government pays outside of matriculation fees, or other incidental fees that are charged.
Right here, I wish to say that there has been an indebtedness that has been outstanding to our school teachers scattered over the State, some in one county, and some in another, of approximately $2,000,000, or over. There has also been an indebtedness to our Confederate pensioners. They are receiving 100% of the amount you gave them now per year, but in the past they have not been paid in full and some is still outstanding.
In the Highway Department, we have saved up $2,000,ooo in cash and are asking you members of the General Assembly to take this $2,000,000 and divert it for the purpose of paying up the past due indebtedness to the school teachers and Confederate pensioners proportionately.
I wish also to call your attention to this: The

120

JouRNAL oF THE HousE,

Constitution ot this State provides,and I am glad we have the Judges ot the Court ot Appeals and the Supreme Court listening to my words,that the State, the counties and the municipalities,that is every town or city in Georgia,cannot incur a debt beyond the fiscal year, and that is the calendar year, with the exception of a bond issue - and they made an exception tor educational purposes.

Georgia was the first State to put that limitation in the Constitution and Bob Toombs was the author at the Constitutional Convention ot 1877.

After this limitation was put in our Constitution in 1877,sixteen other States in the Union adopted the same Constitutional limitation as Georgia.

Georgia is better ott financially than any other State in the Union.

Her bonds are selling at a premium ot !rom 17 to 20% above par. We have been placed in this enviable position on account ot the fUndamentals ot our Constitution.

I wish to say now that I challenge the moral right ot a government to spend more money than it has.

than It you get $8 000,000 !rom your taxes.how can

you spend more

that and be morally right? It

you do, you are putting a burden on the people you

represent.

In other words, it Judge Russell,Charlie Redwine and I, were a committee to whom a private individual had turned over $50,000 to go to New York to buy a bill of goods, and we went up there and brought $75,000 worth and shipped them back to the person with a Bill of Lading,we would not be acting morally right, as trustees.

I think this comparison is identical. After all, we are trustees ot every one in Georgia.

\\'EDXESD.-\Y 1 J_-\:'\L\RY 16, 1935.

121

During my campaign, I told you if I was your Governor two more years, I would pay up the balance ot the State's indebtedness,in toto, and not raise your taxes one dime.

Letts see what has been done along this line during the past two years:

When I came into office there was a total indebtedness outstanding as or December 31, 1932i or $7,523,835.82. This amount was reduced in 933 to $5,384,355.24, and on December 31, 1934, this debt had been reduced to $4,024,566.15. We have the $2,000,000 saved up in the Highway Department, and if the General Assembly sees :fit to divert it tor the payment or the back indebtedness to our school teachers and confederate pensioners,this indebtedness wil} be cut in halt.

Now,my countrymen,there have been two other major activities in the past or which I had the power to approve or disapprove,and I wish to report to you my actions:

There was a great deal said in regard to all or the States borrowing as much or the PWA money :from the Government as possible. It was argued that 30% was a grant and that as 30% was a grant and the interest wasso low on the remaining 70%, it was or great interest to every State and county to develop and put up all the buildings they needed.

This was based on the best or motives and I ad-

mire it.



I had just taken the oath or office at the session of the legislature that I have taken this morning,to uphold the Constitution and laws or our State.

There were seventeen other States in the Union that had the same Constitutional limitation that we have in Georgia, that they could not incur a debt beyond the :fiscal year.

122

JouRNAL oF THE HousE,

Letts see what has been done in Georgia. There was a great deal said about building a penitentiary in Tatnall County. I made several trips to Washington to see. what could be done about it. Mr. Ickes,Secretary ot the Interior,said that the only way we could borrow money in our State would be tor the Federal Government to buy a tract or land in Georgia,put up the buildings, and it Georgia agrees to rent it,they will put a rental value on it and at the end or a certain term or years the property will return to the State or Georgia. This rental contract was approved, and also the building or this penitentiary in Tatnall County and the contract has been s-igned. It 1s up to the General Assembly or Georgia, ir they w1sh,to rent it year by year. In this,Georg1a is sate. The other major building project in Georgia was the building or several buildings tor our University system over the State. The University is dear to the hearts of all of the people of Georgia- the University,w1th its traditions ot Alexander Stephens,Bob Toombs,Emory Speer, and thousands or others whom I could name, who have been a boon to humanity. I can cast my eyes over the auditorium, and see .a number or men who were students at the University when I r~s there, and walked those campus grounds.
MY son is there. MY father was a student there,
and also my grandfather. I glory in that College and am willing to tight tor it.
We had a proposition put up at first to borrow
aorooou.nd $3,000 ,ooo. Afterwards, it was cut to $2,800,-
Our Constitutional limitation was before us, and finally able counsel,some or them members or the Board of Regents, and Mr. Ickes or the Department or the Interior, sa1d,we would have to have a ruling as to whether tnis Constitutional limitation re-

\VED:\ESD..\Y, J_.\NL>\RY 16, 1935.

123

ferred to the Board or Regents~ This went before the

Supreme Court of Georgia, and that Co~ held that

the Board of Regents were not officers of the State,

but a sepa limitation

rat of

e~1hinedCepoennsdteitnut

t

corporation, ion,keeping

and t them

hat from

the

going into debt did not apply.

You cannot get out or debt by going into debt.

I have no criticism to make as to the judgment of the Supreme Court. I have not examined the law. I am presuming that their ruling construed the law properly,but,I have this to ~ to this General Assembly,that you should pass a law declaring the Board of Regents officers of the State and subject to the laws and the Constitution of this State,just like all officers of the State. And letts have it understood that the property of the Board of Regents and the University System of Georgia is the property of the State. This includes the old Capitol and the old Mansion at Milledgeville. Letts keep this property the property of the State of Georgia.

Last year,through this Union there were strikes. Out West,they had a sailor or dockmants strike, which shook almost the whole of the United States. After this they had strikes in other States.

Our Sister State of South Carolina had over a thousand National Guardsmen on duty where they were having strikes at the various mills. People had quit work,which they have a right to do - and I respect the right of a man to stop and strike when he wants to - but I also think this,! dontt think it, I know it; Whenever a man quits work and strikes, he should leave and not interfere with anyone else who wants to work.

I am glad I am talking to some of you who are farmers. What would you think if some of your cotton pickers went on a strike? Some of them strike on my farm sametimes,but they dontt hang around, they go on over to some other place and start to work.

124

JouRNAL or THE HousE,

What would we think it our cotton pickers struck, and began to guard our lots and mules, and would not let anyone else come in!
Confronted with this,and with petitions from the superior court,the sheriffs or the counties and where it was located in the municipalities,petitions from the mayors,saying they could not control the situation and requesting me to send the troups there to protect the great constitutional rights or the people,! called out the troops last September and declared martial law.
These troops went to several sec~1ons or Georgia and in a short time peace was restored. I did not revoke that order or martial law,as there have been little intermittent uprisings in different sections, so we have kept it on and the last call we received was about three weeks ago from Rossville.
There was a striKe at the Richmond Hosiery Mills, which is within about 100 ft. ot the Tennessee line. Anyone could stand over the line ana throw rocks, and anything was likely to happen. They put it up to me. They were having nightriders and destroying people's property. The sheriff, then the people, and the mayor and judge or the superior court called on me to protect and defend the Constitution or Georgia and the property and lives or the people, and so we sent the troops there.
This morning,we were notified that the prisoners who had been taken up during the strike were released, the troops were going home, the mills busy, and the people at work.
I expect I know nearly every pig path in the State and every creek, and river and branch.
I can ride by thousands or nomes in the country, and know the names or the people who live there.
We have a wonderful State.

WEDXESDAY, ]ANCARY 16, 1933.

125

In conclusion, you men here from Rabun Gap to Tybee Island,and from the plains of Alabama to the roaring Atlantic,are here to help either in passing laws or killing laws for the people who are back at home,hard at work,burdened down with taxes.
The only way I know that a government can help the people is to stay out or bus1ness,and be a fair referee between the .people,and let its citizens do the bus~ness,and then take just as little toll as you can out of their ;;roperty for government.

The only way to have an honest government is to keep it poor.

You cantt help the people by giving them something. You weaken their soul and their heart, and dry up their muscles,but if you save them something, you encourage them to go on, branch out in business, and hire people.

What we want in Georgia is a busy, prosperous, happy, God-fearing people.

Eugene Talmadge.

Mr.Harris of Richmond moved that the joint session of the House and Senate do now dissolve, and the notion prevailed.
The Speaker called the House to order.

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

126

JouRNAL OF THE HousE,

Leaves of absence were granted to Messrs.Henderson of Irwin 1 Peebles of Bartow1 and Freeman of Bibb.
The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

THURSDAY, jANUARY 17, 1935.

127

Representative Hall, Atlanta, Ga. Thursday, January 17, 1935.

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

Campbell

Etheridge

Allen

Caswell

Felton

Almand of Fulton Claxton of Camden Flynt

Almand of Walton Claxton of John- Fowler

Anderson

son

Freeman of Bibb

Ansley of DeKalb Clements of Cal- Freeman ot Early

Ansley or Lee houn

Gammage

Arnall

Clements of

Gardner

Atwood

Wheeler

Garrett

Bannister

Cobb

Gavin

Bargeron

Cohen

Gilbert

Barnard

Coleman

Gnann

Barrett

Coxon

Goolsby

Batchelor

Culpepper of

Grayson

Bennett

Echols

Green

Benton

Culpepper of

Griffin ot De-

Bond

Fayette

catur

Booth

Darnell

Griffin of Floyd

Bowden

Daughtry

Groover

Black

Davis or Troup Groves

Bland

Deal

Guess

Blease

Dean

Hammock

Bloodworth

DeLoach

Hampton

Bradley

Dobbins

Hand

Brinson

Dorris

Harris

Brisendine

Douglass

Harrison

Brooks

Durden

Hartsfield

Brown ot Glynn Dyer

Herndon

Brovvn ot Greene Edwards ot

Head

Brown ot Pike Lowndes

Hetner

Burgin

Edwards ot Ste- Henderson

Bush

phens

Hogan

Camp

Ennis

Hogg

128

JouRNAL OF THE HousE,

Holland

Mitchell of

Standard

Hooks

Taliaferro

Stephens

Horton

Moore of Clay- Sutton

Houston

ton

Swann

Howard of Screv- Moore of Haral- Swindle

en

son

Teasley

Jackson of

Morris

Terrell of Hall

Bleckley

Moye

Terrell of Troup

Jackson of Hab- Mundy

Terrell of War-

ersham

Musgrove

ren

Joel

Neal

Thompsd'n

Johnson

Newby

Thrasher

Johnston

Oden

Tipton

Jones of Brant- Parham

Toms

ley

Parker of Col- Townsend

Jones of Lumpkin quitt

Twitty

Kelley

Parker of Union Warnell

Lanier

Parks

Watkins

Lee

Parr

Watson

Leonard of Mus- Patten of Cook Weathers

cogee

Patten of Tift Weeks

Leonard of Walk- Peebles Peek

Welsch

er

Perry

West

Lewallen

Peters

Whaley

Lewis

Pound

Whitmire

Lindsay

Preston of Bul- Williams of

McBride

loch

Bacon

McCracken

Preston or Walton Williams of

McCranie

Ramsey

Coffee

McCutchen

Rawlins

Williams of

McGraw

Ray

Jackson

McKelvey

Reagan

Williams o!

McNall

Ross

Jones

Mallory

Sabados

Willingham

Mann

Salter

Wilson

Manning

Sammon

Woods

Marshall

Sartain

Wrench

Martin

Scruggs

Young

Milam

Settle

Zellner

Mills

Shedd

Mr. Speaker

Minchew

Shirah

Mitchell or La- Smith of Madison

mar

Smith of Webster

See

Spivey Appendix, Volurne

I ,for

absentees.

THURSDAY, jANUARY 17, 1935.

129

Mr.Preston ot Bulloch,Chairman ot the Committee on Journals, reported that the Journal or yesterday's proceedings had been read and round correct.
By unanimous consent, the reading or the Journal or yesterday's proceedings was dispensed with.
The Journal was confirmed. By unanimous consent, the following Bills or the House were withdrawn tram further consideration or the House: By Mr. Sutton ot Wilkes. House Bill No. 24. A bill to be entitled an Act requiring the State Highway Department to pay a sum into the State Treasury tor maintenance or a Department or Georgia State Police, and tor other purposes. B.Y Mr. Sutton ot Wilkes. House Bill No. 25. A bill to be entitled an Act to regulate the operation or motor vehicles, by requiring a driver's license, and tor other purposes. By Mr. Sutton ot Wilkes. House Bill No. 26. A bill to be entitled an Act to create the Department or Georgia State Police, and tor other purposes. By unanimous consent,the following was established as the order or business during the first part or the period or unanimous consents:
1. Introduction or Bills and Resolutions under the Rules ot the House.
By unanimous consent, the following Bills and Resolutions or the House were introduced, read the first time, and referred to the Committees: By Messrs. Groves ot Lincoln, Grayson ot Chatham, Moore ot Clayton, Bargeron ot Burke, Watkins ot Oglethorpe, and others.
House Bill No. 144. A bill to be entitled an Act to declare that the business or manutacturing,blend-

130

JouRNAL oF THE HousE,

ing,distributing at wholesale,or vinous,spiritous, and alcoholic liquors for beverage purposes, is a privilege under the laws or this State; to provide for license and excise taxes upon such business,and for other purposes.
Referred to the Committee on Temperance. B.Y Messrs.Allen and Ennis of Baldwin.
House Bill No. 145. A bill to be entitled an Act to require the payment of fee of clerks and sheriffs of the Superior Court in divorce cases in all counties of this State having a certain population,and for other purposes.
Referred to the Committee on Counties and County Matters. By Mr. Twitty of Hare.
House Bill No. 146. A bill to be entitled an Act to be known as the Georgia Full Crew Law to provide for the protection and safety or the public, and for other purposes.
Referred to the Committee on Industrial Relations. B.Y Mr. Mila!IJ. or Spalding.
House Bill No. 147. A bill to be entitled an Act to permit trapping or fur bearing animals by means of steel traps, and for other purposes.
Referred to the Committee on Game and Fish. Ey Mr. Leonard of Walker.
House Bill No. 148. A bill to be entitled an Act to amend an Act to abolish the Board or Commissioners of Roads and Revenues or Walker County, and create a new board of commissioners, and for other purposes.
Referred to the Committee on Counties and County Matters.

THURSDAY, JANUARY 17, 1935.

131

By Mr. Pound of Hancock. House Bill No. 149. A bill to be entitled an Act
to amend the General Tax Act, relating to the relief ot registered female voters, and tor other purposes.
Referred to the Committee on Ways and Means. By Mr. Hefner of White.
House Bill No. 150. A bill to be entitled an Act to authorize constables of this State to levy and collect ti tas that issue from the Superior, City, County, and Courts of Ordinary, and for other purposes.
Referred to the Committee on General Judiciary No. 1. By Mr. Almand of Fulton.
House Bill No. 151. A bill to be entitled an Act to provide for the payment of the tees of Justices of the Peace out of county funds in lieu ot tines and forfeitures in counties having a certain population, and for other purposes.
Referred to the Committee on Counties and County Matters. By Messrs. Hartsfield, Ramsey, and Almand of Fulton.
House Bill No. 152. A bill to be entitled an Act to amend an Act changing the compensation of officers fr~ a fee to a salary system in counties of a certain population, and tor other purposes.
Referred to the Committee on Counties and County Matters. By Mr. Wrench ot Charlton.
House Bill No. 153. A bill to be entitled an Act to abolish the offices ot Tax Receiver and Tax Collector of Charlton County; to create the office of County Tax Commissioner, and tor other purposes.
Referred to the Committee on Counties and County Matters.

132

JouRNAL OF THE HousE,

By nr. Ca.>np of Carroll. House Bill No. 154. A bill to be entitled an Act
to amend the Constitution so as to permit the classification of real estate for tax, and the exemption of any or all real estate from tax by the General Assembly, and for other purposes.
Referred to the Co~~ittee on Amendments to the Constitution No. 1. By Mr. Milam of Spalding.
House Bill No. 155. A bill to be entitled an Act to regulate hunting in this State, and for other purposes.
Referred to the Committee on Game and Fish. By Mr. Nilam of Spalding.
House Bill No. 156. A bill to be entitled an Act to prescribe.a closed season for the hunting of deer,turkey,and grouse,in certain counties of the State of Georgia,and for other purposes.
Referred to the Co~nittee on Game and Fish. By I"lr.l"lilam of Spalding.
House Bill No. 157. A bill to be entitled an Act to regulate and prohibit the storage of game,birds, animals,etc.,and for other purposes.
Referred to the Committee on Game and Fish. By l"lr.Milam of Spalding.
House Bill No. 158. A bill to be entitled an Act to regulate and prohibit the hunting of deer or other game animals at night, and tor other purposes.
Referred to the Committee on Game and Fish. By Mr. Milam of Spalding.
House Bill No. 159. A bill to be entitled an Act to regulate the seining, netting or trapping of fish, and for other purposes.
Referred to the Committee on Game and Fish.

THl'RSDAY, }ANl"ARY 17, 1935.

133

By Messrs.Willingham,Grittin,and Anderson ot F'loyd. House Bill No. 160. A bill to be entitled an Act
to require the various Counties in the State or Georgia to provide tree school books tor children unable to otherwise procure them, and tor other purposes.
Referred to the Committee on Education No. 2. By Messrs. Willingham, Griffin and Anderson ot Floy~
House Bill No. 161. A bill to be entitled an Act to authorize prosecuting officers to prefer accusations in felony cases returnable to the Superior Courts in this State, and for other purposes.
Ret~rred to the Committee on General Judiciary No. 2. B.y Messrs. Willingham,Griffln,and Anderson of Floyd.
House Bill No. 162. A bill to be entitled an Act to repeal Section 1036 ot the Penal Code ot 1910, and to provide that the defendant in all criminal cases shall be a competent but not compellable wit. ness, and for other purposes.
Referred to the Committee on Special Judiciary. By Mr. Jackson ot Blackley.
House Bill No. 163. A bill to be entitled an Act to provide for State Farmers' Markets under direction or the Commissioner or Agriculture, and for other purposes.
Referred to the Committee on General Agriculture No. 2. By Mr. Jackson ot Blackley and others.
House Bill No. 164. A bill to be entitled an Act to create a corporation to be known as "The Georgia Bar,n and for other purposes.
Referred to the Committee on General Judiciary No. 2.

134

JouRNAL or THE HousE,

By Mr. Weathers of Jenkins. House Bill No. 165. A bill to be entitled an Act
to authorize the establishment or a State Police Force by the Governor, and tor other purposes.
Referred to the Committee on State or Republic. By Mr. Weathers of Jenkins.
House Bill No. 166. A bill to be entitled an Act to authorize the appropiration or $500,000 tor the purchase and distribution or tree text books, and for other purposes.
Referred to the Committee on Special Appropriations. By Mr. Harris or Ricnmond.(By request)
House Bill No. 167. A bill to be entitled an Act to amend the General Tax Act in reference to the $15.00 Dollars professional tax upon each practitioner or law,medicine,etc.,and for other purposes.
Referred to the Committee on Ways and Means. By Mr. M[nchew o! Atkinson.
House Bill No. 168. A bill to be entitled an Act providing !or the confirmation o! sale under power, restricting the rendering o! deficiency judgments, and !or other purposes.
Referred to the Committee on Special Judiciary. By Mr. Williams o! Jones.
House Bill No. 169. A bill to be entitled an Act to reduce the bond o! the Sheri!! o! Jones County, and !or other purposes.
Referred to the Committee on Counties and County Matters.
By Mr. Brown o! Glynn. House Bill No. 170. A bill to be entitled an Act
to provide !or a commdssion to advertise Georgia, and for other purposes.
Referred to the Committee on Counties and County Matters.

THURSDAY, jANUARY 17, 1935.

135

By Mr. Jones of Lumpkin. House Bill No. 171. A bill to be entitled an Act
to authorize the Commissioner of Game and Fish to contract with the Federal Government for the control of forest lands of the State of Georgia, so as to stock with game and fish, and for other purposes.
Referred to the Committee on Game and Fish. By Mr. Shedd of Wayne.
House Bill No. 172. A bill to be entitled an Act to amend an Act establishing the City Court of Jesup, and for other purposes.
Referred to Committee on Special Judiciary. By Mr. Salter of Baker.
House Bill No. 173. A bill to be entitled an Act to prevent fraud in the sale of and theft of cattle, and tor other purposes.
Referred to the Committee on General Agriculture No. 1. By Mr. Douglass of Talbot.
House Bill No. 174. A bill to be entitled an Act to authorize the County Commissioners in counties of a certain population, to supplement the compensation of the sheriff, and tor other purposes.
Referred to the Committee on General Judiciary No. 2. By Messrs. Campbell of Newton and Dean of Rockdale.
House Bill No. 175. A bill to be entitled an Act to amend the Code of Georgia,which provides the punishment for burglary,so as to provide tor the death penalty for any person burglarizing an occupied dwelling house, and for other purposes.
Referred to the Committee on General Judiciary No. 2.

136

JouRNAL OF THE HousE,

By Messrs. Campbell or Newton and Dean or Rockdale. House Bill No. 176. A bill to be entitled an Act
to amend the Code or Georgia which provides for the punishment or robbery by open force, so as to fix the punishment at death, and for other purposes.

Referred to the Committee on General Judiciary No. 2.

By Messrs. Williams or Coffee and Barrett or Richmond.
House Bill No. 177. A bill to be entitled an Act to regulate the business or fire,storm,hurricane, etc.,insurance in this State, and tor other purposes.

Referred to the Committee on Insurance.

By Messrs. Hartsfield of Fulton,Martin of Jeff Davis, and others.
House Bill No. 178. A bill to be entitled an Act to regulate the manufacture and sale or narcotic drugs, to be known as the Uniform Narcotic Drug Act, and for other purposes.

Referred to the Committee on General Judiciary No. 2.

By Messrs. Garrett and Camp or Carroll. House Resolution No. 27-178a. A resolution re-
questing the paving or a driveway through the campus of the West Georgia College at Carrollton,and for other purposes.

Referred to the Committee on Public Highway No. 1.

By Mr. Leonard of Muscogee.

l

ieHvoeuswe .Rc.esMolauthtiiosnaNs os.u2re8t-y17o8nb.

A resolution to rea bond, and for other

purposes.

Referred to the Committee on Special Judiciary.

THl:RSDAY, }ANL-\RY 17, 1935.

137

By Mr. Batchelor of Putnam. House Resolution No. 29-178c. A resolution propos-
ing an amendment to the Constitution or the State or Georgia by authorizing the consolidation of city and county governments in all counties of this State,and for other purposes.
Referred to the Committee on Amendments to the Constitution No. 2. By Mr. Sutton of Wilkes.
House Bill No. 179. A bill to be entitled an Act to amend the Charter of the City or Washington,and for other purposes.
Referred to the Committee on Municipal Government. By Mr. Marshall of Macon.
House Bill No. 180. A bill to be entitled an Act to tax the business or all non-resident persons, firms,and corporations,engaged in the business of selling,manufacturing or distributing,for the purpose of sale,any drink known as "soft drinks", and for other purposes.
Referred to the Committee on Ways and Means. By Unanimous consent, the following Bill or the House was withdrawn from the Committee on General Judiciary No. 2, and recommitted to the Comrndttee on Counties and County Matters: By Mr. Douglass of Talbot. House Bill No. 174. A bill to be entitled an Act to authorize the County Commissioners in counties of a certain population to supplementthe salary of the sheriff, and for other purposes.
Mr. Kelley of Elbert asked unanimous consent that the House reconsider its action in adopting the following Resolution of the House.

138

JouRNAL oF THE HousE,

By Messrs. Harris of Richmond,Culpepper of Fayette, and others.
House Resolution No. 26. Be it resolved by the House, the Senate concurring, that the General Assembly of Georgia reconvene in regular session at ten o'clock A.M., on Thursday, January 24th, 1935.
The action of the House in adopting the Resolution was reconsidered.
The action of the House in adopting the following amendment to House Resolution No. 26 was reconsidered:
Mr. Kelley of Elbert moves to amend House Resolution No. 26 by striking January 24th where the same appears in said resolution,and insert in lieu thereof January 28th.
Mr. Pound of Hancock moved the previous question, the motion prevailed, and the main question was ordered.
The amendment by Mr. Kelley of Elbert was lost. On the adoption of the Resolution,the ayes were 126, nays 14. The Resolution having received the requisite constitutional majority was adopted. The following Resolution of the House was read:
By Messrs. Hartsfield of Fulton,Harris of Richmond, and Arnall of Coweta.
House Resolution No. 30. Whereas, there is now pending before the Senate of the United States a proposition to enter this Government into the World Court, and
Whereas, the World Court is a creature of the League of Nations, whose members are chosen and Code of procedure determined by the league of which this Government is not a member, and
Whereas, a membership in the World Court would

THURSDAY, }ANVARY 17, 1935.

139

subject this Government to the control of powers whose interests are allied between themselves, but antagonistic to ours, and would by necessity submit to foreign control questions which this Government should decide for itself, and
Whereas the reservations are impractical of enforcement, and the representatives of this Government could not in decency pass upon the rights of others and decline a similar submission of its own, and
Whereas, the South has particular interests regarding immigration and finance which should not be submitted to foreign judgment, and
Whereas it is wiser now to avoid foreign entanglements than when Washington advised against it.
Therefore, be it Resolved, by the House of Representatives that the Senators from Georgia be requested to vote and use their influence against the entry of the United States into the World Court, and that a copy of these resolutions be forwarded to the senators from Georgia.
Mr. Lanier of Richmond moved that the Resolution
be referred to the Comn1ittee on Temperance, and the motion was lost.
Mr. Lanier of Richmond moved that the Resolution be referred to a Committee to be chosen by the Speaker, and the motion was lost.
Mr. Reagan of Henry moved that the Resolution be tabled, and the motion was lost.
The following amendment to the Resolution was adopted:
Mr. Culpepper of Fayette moved to amend House Reso-
lution No.30 by adding at the end thereof,the following:Resolved further that this Resolution be immediately transmitted to the Governor for his approval.

140

JouRNAL oF THE HousE,

On the adoption of the Resolution,as amended, Mr. Lanier of Richmond moved the ayes and nays, and the call was sustained.

Mr. Benton or Jasper asked unanimous consent that the House excuse him from voting, and the request was not granted.

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

Those voting in the affirmative were Messrs.:

Allen

Felton

Milam

Arnall

Flynt

Mills

Atwood

Freeman o:t Early Mitchell or La-

Bannister

Gardner

mar

Bargeron

Garrett

Moore of Haral-

Barnard

Gilbert

son

Barrett

Gnann

Neal

Batchelor

Goolsby

Oden

Bennett

Grayson

Parham

Bond

Guess

Parr

Bland

Hampton

Patten of Cook

Blease

Harris

Patten of Tift

Bloodworth

Hartsfield

Pound

Brown o:t Glynn Herndon

Preston or Bul-

Brown of Greene Hefner

loch

Brovm of Pike Hooks

Ramsay

Bush

Howard or Screven Rawlins

Claxton of John- Joel

Ray

son

Johnson

Ross

Clements of Cal- Johnston

Sammon

houn

Jones of Lumpkin Scruggs

Cobb

Leonard o:t Walker Shirah

Cohen

Lewallen

Smith of Web-

Coxon

McCracken

ster

Culpepper of McCranie

Swann

Fayette

McCutchen

Teasley

Darnell

McGraw

Terrell of Hall

Deal

McKelvey

Tipton

Dobbins

McNall

Toms

Edwards of

Manning

Twitty

Lowndes

Marshall

Watkins

THURSDAY, jANUARY 17, 1935.

141

West Whaley

Whitmire Williams o:r
Bacon

Williams o:r Cottee
Wilson

Those voting in the negative were Messrs.:

Adams

Gammage

Peek

Almand o:r Fulton Gavin

Preston o:r Walton

Anderson

Green

Reagan

Ansley o:r DeKalb Griffin o:r Floyd Sabados

Ansley o:r Lee Groover

Salter

Benton

Hammock

Sartain

Booth

Hand

Settle

Bowden

Harrison

Shedd

Black

Head

Smith o:r Madison

Bradley

Hogg

Standard

Brinson

Holland

Sutton

Brisendine

Horton

Swindle

Brooks

JackSon o:r Haber- Terrell of Troup

Burgin

sham

Terrell o:r

Camp

Jones o:r Brantley Warren

Campbell

Lanier

Thompson

Caswell

Lee

Thrasher

Clements o:r

Lindsay

Townsend

Wheeler

McBride

Warnell

Coleman

Mallory

Watson

Culpepper o:r Mann

Weathers

Echols

Martin

Weeks

Daughtry

Minchew

Welsch

Dean

Mitchell of Tal- Williams o:r Jack-

DeLoach

ia:ferro

son

Douglass

Moore o:r Clayton Williams o:r Jones

Durden

Morris

Willingham

Edwards o:r

Moye

Wrench

Stephens

Mundy

Young

Etheridge

Newby

Zellner

Fowler

Parker of Union

QiDSee Appendix,Volume I,for those not voting.

On the adoption of the Resolution, as amended,the

ayes were 91, nays 85.

The Resolution was adopted, as amended.

The :following message was received from the Senate

142

JouRNAL oF THE HousE,

through Mr.Hmrunond, the Secretary thereof:

Mr.Speaker:

The Senate has adopted by the requisite constitutional majority the following resolution or the House to wit:

By tlessrs.Harris or Richmond and others: House Resolution No. 26. A Resolution providing
that the General Assembly or Georgia reconvene in regular session at ten o'clock A.M. on Thursday,January 24th, 1935.

Mr. Harris or Richmond moved that the House do now adjourn, and the motion prevailed.

Leaves or absence were granted to Messrs.Grayson

of Chatham

of Gordon Houston o

f1

P1 Beeakrgoe

ro f

n of Burk Polk,Head

e, o

F f

lynt Cat

of oos

Spaldin a,Perry

Worth,Daughtry of Wilkinson,Lewis

g,N and of

e

a

l

Burke,Kelley of Elbert,tlundy of Polk, and Fowler of

Treutlen.

1he Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

FRIDAY, jANUARY 18, 1935.

143

Representative Hall, Atlanta, Ga. Friday, January 18, 1935.

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

Campbell

Allen

Caswell

Almand of Fulton Claxton of Cam-

Almand of Walton den

Anderson

Claxton of John-

Ansley of DeKalb son

Ansley of Lee Clements of Cal-

Arnall

houn

Atwood

Clements of

Bannister

Wheeler

Bargeron

Cobb

Barnard

Cohen

Barrett

Coleman

Batchelor

Coxon

Bennett

Culpepper of

Benton

Echols

Bond

Culpepper of

Booth

Fayette

Bowden

Darnell

Black

Daughtry

Bland

Davis of Troup

Blease

Deal

Bloodworth

Dean

Bradley

DeLoach

Brinson

Dobbins

Brisendine

Dorris

Brooks

Douglass

Brown of Glynn Durden

Brown or Greene Dyer

Brown of Pike Edwards of

Burgin

Lowndes

Bush

Edwards of

Camp

Stephens

Ennis Etheridge Felton Flynt Fowler Freeman of Bibb Freeman of Early Gammage Gardner Garrett Gavin Gilbert Gnann Goolsby Grayson Green Griffin of De-
catur Griffin or Floyd Groover Groves Guess Hammock Hampton Hand Harris Harrison Hartsfield Herndon Head Hefner Henderson Hogan

144

JouRNAL OF THE HousE,

Hogg

Mitchell of Tal- Spivey

Holland

iaferro

Standard

Hooks

Moore of Clayton Stephens

Horton

Moore of Haralson Sutton

Houston

Morris

Swann

Howard of Screv- Moye

Swindle

en

Mundy

Teasley

Jackson of

Musgrove

Terrell of Hall

Blackley

Neal

Terrell of Troup

Jackson of Haber-Newby

Terrell of Warren

sham

Oden

Thompson

Joel

Parham

Thrasher

Johnson

Parker of Col- Tipton

Johnston

quitt

Toms

Jones of Brant- Parker of Union Townsend

ley

Parks

Twitty

Jones of Lumpkin Parr

\.-Jarnell

Kelley

Patten of Cook Watkins

Lanier

Patten of Tift Watson

Lee

Peebles

Weathers

Leonard of Musco-Peek

Weeks

gee

Perry

Welsch

Leonard of Walk- Peters

~Jest

er

Pound

Whaley

Lewallen

Preston of Bul- Whitmire

Lewis

loch

vJilliams of- Ba-

Lindsay

Preston of Wal~ con

McBride

ton

Williams of Cof-

McCracken

Ramsey

fee

McCranie

Rawlins

Williams of Jack-

NcCutchen

Ray

son

McGraw

Reagan

Williams of

NcKelvey

Ross

Jones

l'lcNall

Sabados

Hillingham

Mallary

Salter

Wilson

Mann

Sammon

Hoods

Manning

Sartain

Wrench

Marshall

Scruggs

. Young

Martin

Settle

Zellner

Milam

Shedd

Mr. Speaker

Mills

Shirah

Minchew

Smith of l'ladison

Mitchell of

Smith of Webster

Lam_ar

QD See Appendix,Volume I,for absentees.

FRIDAY, jANUARY 18, 1935.

145

Mr.Preston of Bulloch,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, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions under the Rules 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 Mr.Harris of Richmond. House Bill No. 181. A bill to be entitled an Act to strike Section 3 of Article 3 of the Banking Act, and insert a new section in lieu thereof, and for other purposes. Referred to the Committee on Banks and Banking. By Mr. Twitty of Ware. House Bill No. 182. A bill to be entitled an Act to repeal an Act entitled "Tax Collectors and Sheriffs 123", and for other purposes. Referred to the Committee on Counties and County Matters.
By Mr. Bond ot Oconee.
House Bill No. 183. A bill to be entitled an Act to regulate and control the running at large of dogs, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

146

JouRNAL oF THE HousE,

By Mr. 1'1ilam o! Spalding. House Bill No. 184. A bill to be entitled an Act
to amend the Code o! Georgia o! 1933, which makes it unlawful tor any person to !ish on the Sabbath and tor other purposes.
Referred to the Committee on Game and Fish. By Y~. Oden o! Pierce.
House Bill No. 185. A bill to be entitled an Act to increase the State Aid Road System, by adding thereto a highway in Pierce County, and !or other purposes.
Referred to the Committee on Public Highways No.
2.
By l'1r. Almand o! Fulton. House Bill No. 186. A bill to be entitled an Act
to provide that all general judgments and all money judgments in trover cases are disagreeable in bankruptcy, and tor other purposes.
Referred to the Committee on General Judiciary No. 1. By Mr. Almand o! Fulton.
House Bill No. 187. A bill to be entitled an Act to amend an Act providing additional duties !or coroners in counties ot a certain population, and tor other purposes.
Referred to the Committee on Counties and County Matters. By l'1r. Almand o! Fulton.
House Bill No. 188. A bill to be entitled an Act to regulate the filing o! suits on debts discharged in bankruptcy, and tor other purposes.
Referred to the Committee on General Judiciary No. 1.

FRIDAY, jANt:ARY 18, 1935.

147

By Messrs.Durden and Sabados of Dougherty. House Bill No. 189. A bill to be entitled an Act
to exclude from participation in political prtmaries and general elections,candidates or political parties which advocate the overthrow or the National Government, and for other purposes.
Referred to the Committee on State or the Republic. By Mr. Salter of Baker.
House Bill No. 190. A bill to be entitled an Act to protect the public against misrepresentation and fraud in the manufacture and distribution of automobile and truck tires and appliances, and tor other purposes.
Referred to the Committee on Motor Vehicles. By l'lr. Salter ot Baker.
House Bill No. 191. A bill to be entitled an Act to amend Michie's Code with reference to the rate ot interest; to prescribe maximum interest rates, and tor other purposes.
Referred to the Cammittae on General Judiciary No. 1. By Mr. Batchelor of Putnam.
House Bill No. 192. A bill to be entitled an Act to amend the Code ot Georgia or 1933 which provides tor the payment or wages due certain employees at least twice a month, so as to provide that certain industries shall pay worker's wages.at least tour times a month, and tor other purposes.
Referred to the Committee on Industrial Relatio~
By Mr. Batchelor of Putnam.
House Bill No. 193. A bill to be entitled an Act to provide that robbery by force with deadly weapons shall be punishable by death, and tor other purposes.
Referred to the Committee on General Judiciary No.
2.

148

JouRNAL OF THE HousE,

By Mr. Sutton of Wilkes. House Bill No. 194. A bill to be entitled an Act
to permit the use of steel traps in the County of Wilkes, and for other purposes.
Referred to the Committee on Game and Fish. By Mr. Sutton of Wilkes.
House Bill No. 195. A bill to be entitled an Act to amend an Act so as to permit the taking of fish in the fresh waters of Georgia, by providing for the use of seines of Broad River, and for other purposes.
Referred to the Committee on Game and Fish. By Mr. Jones of Lumpkin.
House Bill No. 196. A bill to be entitled an Act to amend the Code of Georgla of 1933, which provides for a minimum and maximum fines, and for other purposes.
Referred to the Committee on Game and Fish. By Mr. Ramsey of Fulton.
House Bill No. 197. A bill to be entitled an Act. to provide for public libraries, and for other purposes.
Referred to the Com~ittee on Public Library. By Mr. Williams of Jones.
House Resolution No. 3l-l97a. A Resolution providing for the refund of $157.50 to the Bank of Gray, on account of peach stamps purchased under the Act of 1927, regulating the grading and marking of peaches and apples, and for other purposes.
Referred to the Committee on Special Appropriations.

FRIDAY, jANt:ARY 18, 1935.

149

By Mr.Rivers of Lanier. House Bill No. 198. A bill to be entitled an Act
to repeal Section 20 of Article 7 of the Banking Act as amended, and for other purposes.
Referred to the Committee on Banks and Banking. By Mr. Rivers of Lanier.
House Bill No. 199. A bill to be entitled an Act to amend Section 15 of Article 19 of the Banking Acts, and for other purposes.
Referred to .the Committee on Banks and Banking. B,y Mr. Rivers of Lanier.
House Bill No. 200. A bill to be entitled an Act to enable the City of Lakeland to be given certain relief in the operation of its utilities under authority of the Constitutional amendment enabling act authorizing such operation.
Referred to the Committee on Counties and County I1atters. B,y I1essrs. Welsch and Ma.rining of Cobb.
House Bill No. 201. A bill to be entitled an Act to amend the Code of Georgia of 1933 pertaining to the rates of interest; by reducing the legal rate of interest to seven per centum per annum, and for other purposes.
Referred to the Conrrnittee on General Judiciary No. 2. By Messrs.Davis,Groover, and Terrell of Troup, and Rawlins of Ben Hill.
House Bill No. 202. A bill to be entitled an Act to provide for local distribution of automobile tags by Ordinaries, a~d for other purposes.
Referred to the Committee on Public Highways No.2.

150

JouRNAL OF THE HousE,

The following message was received from the Senate through Mr. Hammond, the Secretary thereof: Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following resolution or the House to wit: By Mr.Lindsay, of DeKalb:
House Resolution No. 11. A Resolution commending President Roosevelt for the improved condition or the country.
The following Resolution of the House was read and referred to the Committee on Rules: Ey Mr. Weeks of Columbia.
House Resolution No. 32. A Resolution to amend the Rules of the House by substituting "one minute" for "three minutes", for time in which to explain vote.
The following Resolutions of the House were read and adopted: Ey Mr. Brown of Glynn.
House Resolution No. 33. A Resolution. Be it resolved by the House, the Senate concurring, that the Clerk of the House and the Secretary of the Senate are hereby instructed to extend to the Honorable Howard E. Coffin, a distinguished Georgian by adoption, an invitation to adgress the General Assembly or Georgia, Monday, Janua,r:y 21, 1935, relative to the development of the State or Georgia, and for other purposes. By Messrs. Arnall and Dyer of Coweta, Joel or Clarke, Hartsfield ot Fulton, and Preston ot Bulloch.
House Resolution No. 34. A resolution. Whereas, there is a wave of Communism,Socialism and kindred schemes sweeping over the United States, all or which teach di-srespect tor duly constituted government, and

FRIDAY, .TA~CARY 18, 193;),

151

Whereas, the Honorable William Randolph Hearst has long been a leader in the fight against Communism and kindred evils,
Therefore be it resolved by the House of Representatives, that at same suitable time the House of Representatives extend an invitation to the said Honorable William Randolph Hearst to address the State House of Representatives on the subject of Communism, and for other purposes. By Messrs.Lanier,Harris,and Barrett of Richmond.
House Resolution No. 35. A Resolution. The House of Representatives and the Senate of the General Assembly of Georgia hereby resolves:
That it expresses its thanks and appreciation to Mrs. John W.Herbert of New York and Augusta, for her recent gift of $18,000 to the University Hospital at Augusta, a component part of the working system connected with the University of Georg1a Medical College, and do commend her for this gift and her timely helpfulness to a worthy and needy cause.
Let a copy of this Resolution be mailed by the Secretary of the State to Mrs. John H. Herbert and to the City Council of Augusta, and entered in the Journal of the House.
The following Resolution of the House was read: By Mr. Harris of Richmond.
House Resolution No. 36. A Resolution. Be it resolved by the House that the Governor be, and he is hereby requested within ten days from the adoption of this resolution to declare all State offices and positions of any kind vacant where held by any person holding at the same time any Federal office, position,appointment or employment.
Be it further resolved that the Governor be requested to require within ten days after the adoption of this Resolution any person holdin[': a stq.te

152

JouRNAL OF THE HousE,

office,position or being in the employment of the State,and at the same time holding a county office, or employment,or any other State office or position or employment to elect which of said positions he will hold~ and upon his failure ~o do so, the Governor is requested to declare the State office, or position vacant. In the case where such person may be holding two State offices,positions or employment he shall be required to elect which of the two he shall continue to hold and upon his failure to do so, the Governor may elect which of said offices or positions he shall declare vacant.
The following amendment was read and adopted:

Mr. Terrell of Troup naves to amend the Resolution by adding: The provisions of this Resolution shall not apply to members or officers of the General Assembly.

The Resolution was adopted as amended.

The following message was received from the Senate through Mr. Hammond, the Secretary thereo.f:

Mr. Speaker:

The Senate has passed by the requisite constitu-

tional majority the following resolution of the

House to wit:



By Mr. Brown of Glynn. House Resolution No. 33. A Resolution extending an
invitation to Honorable Howard E. Coffin to address the General Assembly of Georgia, Monday, January 21, 1935.

Mr. Harris of Richmond moved that the House do now adjourn until Monday morning, January 21, 1935 at 11:00 o'clock.

On the motion,the ayes were 96,nays 34, and the motion prevailed.

Leaves of absence were granted to Messrs.Jones of Brantley,Durden of Dougherty, and Shedd of Wayne.

The Speaker announced the House adjourned until Monday morning,January 21, 1935, at 11:00 o'clock.

MoNDAY, JANUARY 21, 1935.

153

Representative Hall,Atlanta, Ga.

Monday, January 21, 1935.

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

Campbell

Allen

Caswell

Almand of Fulton Claxton of

AliL.and of Walton Camden

Anderson

Claxton of

Ansley of DeKalb JohnSon

Ansley of Lee Clements of

Arnall

Calhoun

Atwood

Clements of

Bannister

Wheeler

Bargeron

Cobb

Barnard

Cohen

Barrett

Coleman

Batchelor Bennett Benton Bond Booth Bowden Black Bland Blease

Coxon Culpepper of Echols Culpepper of Fayette Darnell Daughtry Davis ot Troup

Bloodworth

Deal

Bradley

Dean

Brinson

DeLoach

Brisendine

Dobbins

Brooks

Dorris

Brown of Glynn Douglass

Brown of Greene Durden

Brown of Pike Dyer

Burgin

Edwards of

Bush

Lowndes

Camp

Edwards of Stephens Ennis Ethridge Felton Flynt Fowler Freeman ot Bibb Freeman ot Early Gammage Gardner Garrett Gavin Gilbert Gnann Goolsby Grayson Green Griffin of Decatur Griffin of Floyd Groover Groves Guess Hammock Hampton Hand Harris Harrison Hartsfield Herndon

154

JouRNAL oF THE HousE,

Head

Milam

Shedd

Hefner

Mills

Shirah

Henderson

!'1inchew

Smith of' lvladison

Hogan

lHtchell of' La- Smith of Webster

Hogg

mar

Spivey

Holland

11itche 11 of'

Standard

Hooks

Taliaferro

Stephens

Horton

l1oore of' Clayton Sutton

Houston

11oore of' Haralson Swann

Howard of' Screv- Norris

Swindle

en

Hoye

Teas lay

Jackson of'

Mundy

Terrell of' Hall

Bleckley

l1usgrove

Terrell of' Troup

Jackson of'

Neal

Terrell of' Warren

Habersham

Newby

Thompson

Joel

Oden

Thrasher

Johnson

Parham

Tipton

Johnston

Parker of Col- Toms

Jones of' Brant- quitt

Townsend

ley

Parker of Union Twitty

Jones of' Lump- Parks

\Jarnell

kin

Parr

Hatkins

Kelley

Patten of Cook \..Jatson

Lanier

Patten of' Tift Heathers

Lee

Peebles

Weeks

Leonard of' Mus- Peek

'vlelsch

cogee

Perry

h1est

Leonard of' Walk- Peters

l,.Jhaley

er

Pound

Whi unire

Lewallen

Preston of' Bul- Hilliams of' Ba-

Lewis

loch

con

Lindsay

Preston of

Williams of

McBride

Walton

Coffee

McCracken

Ramsey

Hilliams of

McCranie

Rawlins

Jackson

McCutchen

Ray

\iilliams of

McGraw

Reagan

Jones

McKelvey

Ross

Willingham

McNall

Sabados

Hilson

J1allory

Salter

vioods

J1ann

Sammon

virench

J1anning

Sartain

Yourig

I:1a.rshall

Scruggs

Zellner

J1artin

Settle

!-lr.Speaker

([2) 0ee Appendix,Volume I,for absentees.

MoNDAY, jANUARY 21, 1935.

155

Representative-elect Dr.Charles N.Howard of Chattahoochee, came forward to the Bar of the House of Representatives,and the oath of office was administered to him by Judge W.Frank Jenkins, of the Court of Appeals of Georgia.
The following Resolution of the House was read and adopted: By Mr.Harris of Richmond.
House Resolution No. 37. A Resolution-Be it resolved by the House, the Senate concurring, that the General Assembly of Georgia convene in joint session in the Hall of the House of Representatives at 11:45 o'clock A.M., Monday, January 21, 1935, for the purpose of hearing an address by the Honorable Howard E. Coffin.
Mr. Dorris of Crisp asked unanimous consent that House Bills Nos. 1,2,3,4,5,6,7,8,9, and House Resolutions Nos. 6,7,8,9,10 be printed, and the request was granted.
Mr. Preston of Bulloch, Chairman of the Committee on Journals, reported that the Journal of Friday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal of Friday's proceedings was dispensed with.
The Journal was confirmed. By unanimous consent, the following was established as the order of business, during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions under the Rules 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. Grayson,Cohen, and McNall of Chatham. House Bill No. 203. A bill to be entitled an Act

156

JouRNAL oF THE HousE,

to amend the several acts relating and incorporating the I1ayor and Alderman of the City of Savannah and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Dyer and Arnall of Coweta. House Bill No. 204. A bill to be entitled an Act
to provide for sterilization of inmates of State institutions, and for other purposes.
Referred to Committee on Hygiene and Sanitation. By Messrs. Woods of Emanuel and Barrett of Richmond.
House Bill No. 205. A bill to be entitled an Act to amend Title 30, Chapter 30-1, of the Code of Georgia of 1933 by striking the words and figures ntwelve months" in line 3 of Section 3-107, which provides that the petitioner's residence shall be 12 months, and inserting in lieu thereof the words and figures "sixty (60) days" so as to authorize the granting of a divorce to a petitioner who has resided in the State sixty days before the filing of the application for a divorce, and for other purposes.
Referred to Committee on State of the Republic. By Messrs. Arnall and Dyer of Coweta (By request).
House Bill No. 206. A bill to be entitled an Act to appropriate to the Department of Forestry and Geological Development the sum of $1000 to refurnish Liberty Hall, the home of Alexander H. Stephens at Crawfordville, Ga., and the additional sum of $1500, to pay the balance due on land known as the Kent place as a State Park.
Referred to Committee on Special Appropriations. By Messrs. Townsend of Dade and Davis of Troup.
House Bill No. 207. A bill to be entitled an Act to provide that no evidence procured unlawfully shall be admissible against any person charged with an offense against the laws of this State, and for other purposes.
Referred to Committee on General Judiciary No. 1.

1\foNDAY, jANUARY 21, 1935.

157

By !'lessrs. Blease and :Moye of Brooks. House Bill No. 208. A bill to be entitled an Act
to amend an Act of the General Assembly of the State of Georgia approved August 16, 1920 as found in Georgia Laws 1920, page 123, by providing for the acceptance of widows of ex-Confederate veterans as irunates in the Confederate Soldiers Home of Georgia, and for other purposes.
Referred to Committee on Invalid Pensions & Soldier's Home. By :Messrs. Edwards and Colernan of Lowndes.
House Bill No. 209. A bill to be entitled an Act to amend an Act approved March 1, 1933, entitled "An Act to enable the State Highway Dept. of Georgia to effectually carry out and put into effect the provisions of the amenlli~ent to the Constitution of the State of Georgia, proposed by the General Assembly of Georgia, by an Act approved August 25, 1931, so as to authorize the governing or fiscal authorities of certain counties to give, ~ssign and transfer certain of the certificates of indebtedness of the Highway Department held by such counties to Boards of Education therein, and for other purposes.
Referred to Con~ittee on Counties and County Matters. By I1essrs. Coleman and Edwards of Lowndes.
House Bill No. 210. A bill to amend an Act approved December 11, 1901, entitled "An Act to establish the city court of Valdosta, in and for the county of Lowndes; to define its jurisdiction and powers, so as to repeal Section 7 of said Act and making substitutions therefor, and for other purposes.
Referred to Committee on Counties ond County Matters. By Sabados of Dougherty.
House Bill No. 211. A bill to increase the mileage of the State -4-id Road System by an addition on tlle

158

JouRNAL or THE HousE,

Albany-Sylvester Road, and for other purposes. Referred to Comrnittee on Public Highways No.2.
By Mr. Sabados of Dougherty. House Bill No. 212. A bill to be entitled an Act
to provide that in any court where a party shall . file an appeal upon pauper's affidavit,the opposite party shall have the right to traverse; after which the judge upon petition may enjoin the person filing the affidavit from disposing of assets, and for other purposes.
Referred to Committee on General Judiciary No. 2. By Mr. Sabados of Dougherty.
House Bill No. 213. A bill to amend Section 272204 of Chapter 27-22 of the Code of Georgia of 1933, so as to provide that argument of counsel shall be limited to thirty minutes on each side, other than felony and capitol felony cases, and for other purposes.
Referred to Committee on General Judiciary No. 2. By Mr. Claxton of Johnson.
House Bill No. 214. A bill to be entitled an Act to require all persons, firms, corporations,associations or co-partners, either foreign or domestic, operating,maintaining,opening or establishing any store to obtain license from Comptroller General, and for other purposes.
Referred to Conmittee on Ways and Means. By Mr. Almand of Walton.
House Bill No. 215. A bill to amend Section 1249 of the Code of Georgia of 1910 providing for the selection by the Governor of banks in certain cities and towns as State Depository by adding certain cities and towns.
Referred to Committee on Banks and Banking.

l\IoNDAY, jANUARY 21, Hl35.

159

BY Mr. Harrison of Crawford.
House Bill No. 216. A bill to be entitled an Act to amend Section 34-1302 of Chapter 34-13 of the Code of Georgia of 1933, providing for election of members of General Assembly,fixing the hours for opening and closing the polls at the Court House and at the precincts, and for other purposes.
Referred to Committee on Privileges and Elections. B.Y Mr. Zellner of Monroe.
House Bill No. 217. A bill to be entitled an Act to amend Section 89-704 of the Code of Georgia of 1933 by exempting clerks of the Superior Court from filing statements with the Comptroller General.
Referred to Committee on ~Jays and Means. B,y Mr. Douglas of Talbot.
House Bill No. 218. A bill to amend an Act prohibiting the use of steel traps or other like devices by providing that same shall not apply to certain counties, and for other purposes.
Referred to Committee on Game and Fish. By Mr. Moore of Haralson.
House Bill No. 219. A bill to be entitled an Act to amend an Act creating a board of commissioners of Roads and Revenue for the county of Haralson so as to provide for one commissioner instead of three, and for other purposes.
Referred to Committee on Counties and County Matters. B,y Messrs. ~~elch and Manning of Cobb.
House Bill No. 220. A bill to be entitled an Act ~o amend Section 282.'3 (1) and 2823 (3) of the Code o~ Georgia (1926) to empower Superior Court Judges to grant charters to private companies,to amend,renew and dissole same in term time or in vacation, and for other purposes.
Referred to Committee on Corporations.

160

JouRNAL OF THE HousE,

By Messrs. Dean of Rockdale and Campbell of Newton. House Bill No. 221. A bill to be entitled an Act
to provide for the sterilization of selected persons from inmates of state institutions, for their protection, and for other purposes.
Referred to Committee on Hygiene and Sanitation. By Messrs. Camp and Garrett of Carroll.
House Bill No. 222. A bill entitled an Act to amend the charter of the city of Villa Rica,Georgia, and for other purposes.
Referred to Committee on Municipal Government. By Mr. Camp of Carroll.
House Bill No. 223. A bill entitled an Act to create a General Sales Tax on wholesalers and manufacturers, and for other purposes.
Referred to Committee on Hays and Means. By l"Iessrs. Hartsfield, Almand and Ramsey of Fulton.
House Bill No. 224. A bill entitled an Act to provide that no person, firm or corporation shall establish any dance hall,amusement park,etc.,outside the limits of cities or towns having a population of 200,000 or more without permission of county authorities,and for other purposes.
Referred to Com~ittee on Counties and County Matters. By 11essrs. Ramsey, Hartsfield and Almand of :B,ulton.
House Bill No. 225. A bill entitled an Act to authorize the Board of Education of any county having more than 200,000 .population to create a retirement fund for teachers,and for other purposes.
Referred to Committee on Counties and County Matters. By Messrs. Ramsey, Hartsfield and Almand of Fulton.
House Bill No. 226. A bill to be entitled an Act

l\foNDAY, jANUARY 21, 1935.

161

authorizing the Boards of Education of all counties in the state of Georgia having a population in excess of 200,000 to borrow money for operating schools, and for other purposes.
Referred to Comrnittee on Counties and County Matters.
By Messrs. Ramsey, Hartsfield and Almand of Fulton. House Bill No. 227. A bill to be entitled an Act
to provide for the tenure of office of teachers and employees of the public school system of all counties in Georgia, having a population o! 200,000 and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Moye and Blease of Brooks. House Bill No. 228. A bill to be entitled an Act
to increase the State Highway mileage by adding a road beginning at Pavo and running to Lakeland, being a continuation of Route No. 122, and for other purposes.
Referred to Committee on Public Highways No. 2.
By Mr. Sartain of Walker. House Bill No. 229. A bill to be entitled an Act
to provide for the accumulation and preservation by counties of Historical Matter, and for other purposes.
Referred to Committee on Historical Research. By Messrs. Barrett, Lanier and Harris of Richmond.
House Bill No. 230. A bill to be entitled an Act to amend an act "Entitled An Act to abolish the present State Board of Medical Examiners !or the State o! Georgia" and for other purposes.
Referred to Committee on Hygiene and Sanitation. By Messrs. Marshall of Macon and Harris of Richmond.
House Bill No. 231. A bill to be entitled an Act to amend Title 84, Chapter 84-4 of the Code of Geor-

162

JouRNAL or THE HousE,

gia of 1933, by defining the practice of barbering, and !or other purposes.
Referred to Committee on Hygiene and Sanitation. Ey Mr. Guess of DeKalb.
House Bill No. 232. A bill to be entitled an Act making it a misdemeanor !or any person,firm or cor~ poration,or officer thereo!,engaged in the undertaking business to either directly or indirectly offer or give compensation to induce anyone to employ said undertaker, and !or other purposes.
Referred to Cmrunittee on General Judiciary No. 1. Ey Mr. Guess of DeKalb.
House Bill No. 233. A bill entitled an Act to amend the charter of the city of Lithonia,Georgia, and !or other purposes.
Referred to Conm1ittee on General Judiciary No. 1. Ey Mr. Camp of Carroll.
House Bill No. 234. A bill to be entitled an Act to amend Sections 92-3101 and 92-3106 of Chapter 92-31 and Section 92-3201 of Chapter 92-32 of the Code of Georgia of 1933, imposition,rateand computation of income tax, and !or other purposes.
Rererred to Corrnnittee on 'vJays and Means. By Messrs. Williams of Coffee and Barrett of Richmond.
House Bill No. 235. A bill to provide for the manner of assessing !or taxation purposes, p_:r;-operties of certain businesses and enterprises operating under the Public Service Commission, and !or other purposes.
Referred to Committee on Ways and Means. By Mr. Whaley of Telfair.
House Bill No. 236. A bill to make the County School Superintendent the Treasurer of the school

MoNDAY, jANUARY 21, 1935.

163

districts in each county of the state. Referred to Committee on Education No. 1.
By Mr. VJhaley of Telfair.
House Bill No. 237. A bill to provide for refunding State 4-1/4% bonds and for other purposes.
Referred to Committee on Special Appropriations. By Mr. Whaley of Telfair.
House Bill No. 238. A bill to provide for refunding the State obligations to the University System, and for other purposes.
Referred to Committee on Special Appropriations. By l"Ir. Whaley of Telfair and I1r. Clements of Wheeler.
House Bill No. 239. A bill to require local governments to report financial operations to the State Auditor.
Referred to Committee on Counties and County Matters. By Mr. Barrett of Richmond.
House Resolution No. 38-239-a. A resolution requesting the Federal Alcohol Control Administration to amend its regulations permitting manufacturers and distillers of intoxicating liquors in Georgia to apply for and obtain Federal licenses to manufacture and distill intoxicating liquors.
Referred to Committee on Temperance.
By Mr. Howard of Screven.
House Resolution No. 39-239-b. A resolution to reimburse Barrett Overstreet,former Clerk of the Court of Ordinary of Screven County, for monies paid to Treasurer of Georgia through mistake.
Referred to Committee on Special Appropriations.

164

JouRNAL OF THE HousE,

By Mr. Woods of Emanuel and Mr. Barrett of Richmond. House Resolution No. 40-239-c. A resolution pro-
posing to the voters of Georgia an amenQment to Article VI, Section XV of the Constitution of Georgia by providing for the granting of total divorce on the verdict of one jury at the first term of court.
Referred to CouLmittee on State of Republic. By Messrs. Arnall and Dyer of Coweta.(By request)
House Resolution No. 41-239-d. A resolution designating the official Jefferson Davis Highway in Georgia.
Referred to Committee on Public Highway :No. 1. By Mr. Patten of Cook.
House Resolution No. 42-239-e. A resolution authorizing the State Librarian to furnish Cool~ County with certain volmnes,without cost.
Referred to Crnmnittee on Public Library. By :t-1r. Joel of Clarke.
House Resolution No. 43-239-f. A resolution to extend an invitation to :t'liss Frances Perkins to address the House of Representatives of Georgia.
Referred to Committee on State of Republic. By I1r. Culpepper of Fayette.
House Bill No. 240. A bill to be entitled an Act to make appropriations for the operation of the State Government, and for other purposes.
Referred to Committee on Appropriations. The following message was received from His Excellency, Governor Eugene Talmadge,through Honorable Carlton Mobley, Executive Secretary:

MoNDAY, jANUARY 21, 1935.

165

BUDGET l"IESSAGE TO THE GE~lliJL\L ASSEMBLY OF GEORGIA:
'l'he Budget Bill which I herewitl1 submit to you proposes appropriations for the operation of the State Government for the Calendar years 1936 and 1937.The total of proposed general fund items is $9,375,000.00 for 1936 and $9,304,000.00 for 1937.
With continued improved business conditions we may reasonably expect a general fund income of between nine and one-quarter and nine and one-half million dollars for each of these years. This estimate is based on the assumption of no changes in the present revenue laws and on a four-mill property tax rate.
In 1933 and 1934 we have operated the State Government on general fund appropriations of about eight million dollars a year. To do this it has been necessary to enforce very drastic economy,but I think all services of essential importance have been maintained.
In that period not only has the property tax for State purposes been reduced 2096, effecting a reduction in general fund income of about one million dollars a year, but we have wiped out a general fund deficit of over thirteen hundred thousand dollars. This deficit was not of our making, but was brought over from prior years and has been renewed and extended from year to year through bank loans.
I have given careful consideration to every item in this bill.
Every department and institution of the State Government has had an opportunity to present its claims and needs, and the present condition of each of them is thoroughly familiar to me through perfonnance of my duties as Budget Director and as exofficio member of the Boards of Control of Eleemosynary Institutions and of Regents of the University

166

JouRNAL oF THE HousE,

System, and others.

To some of the items in the Bill I wish to request your special attention:

The Emergency Fund Appropriation ot $75,000.00 for each of the years 1934 and 1935 is not enough to provide flexibility to the administration or the Budget Act. The amount would be ample if the general fund income were enough to pay appropriations in full, but when, as in 1934, shortage or income makes necessary heavy cuts in budget allotments, the operating funds of some governmental units are reduced below a point ot minimum requirements and Emergency Fund allotments are needed to bring such units up to that point.

Experience shows that around 2% of the total Appropriation Act should be unallotted in the Act,but left for allotment under the provisions of the Budget Act.

$16T7he,ooBou.dogoetfoBriltlheinySeaerct1io9n369a,ndIte$m10b2,,0c0a0.r0r0iefros r
the year 1937, and provides for immediate availability or $65,000.00 of the 1936 item tor allotment to the Military Department for expenses or Riot Duty.

In Section 9, Item c, provision is made for an

investment fund as a reserve for the State Property

Insurance Fund. The amount provided for each year and the appropriation

is is

$100 made

1

000.00 immedi-

ately available if needed to replace State property

destroyed by fire.

In Section 22, Item a, provision is made for fixing the salary or the State Treasurer. This salary is not now fixed by law.

The Budget Bill makes no provision for redemption of maturing State Debt except the $100,000.00 annual Sinking Fund allocation. Re-Funding Bills to take care of these maturing bonds have been prepared for

MoNDAY, jANUARY 21, 1935.

167

your consideration. If funding bills are not enacted, it will be necessary to provide an appropriation to retire some $368,000.00 of bonds maturing on or .before July 1, 1937.
It is the expectation that the Cigar and Cigarette tax yield will be sufficient to pay promptly the pensions of $30 monthly, and that soon there will be a surplus in the fund. A provision has therefore been made in Section 23, Item a, to make any such surplus available for applying on any unpaid back pensions.
Provision is made in Section 24 for a lmnp sum appropriation for the Eleemosynary Institutions and authorizing the Board of Control to make allotments to the institutions subject to review by the Budget authorities. I am convinced that economical administration of the State Institutions can best be obtained through this method of control of their operating funds.
Section 25 provides for the support of the University System. This is included on the theory that the Regents of the University System are officers of the State and that the property under their control is the property of the State. Unless this status is clearly defined at this session of the General Assembly, Section 25 should be stricken in its entirety from the Budget Bill.
Sections 26,27, and 28 continue in operation like provisions in the 1931 and 1933 Acts. The automatic reduction clause is a necessary safety device if we are to avoid future deficits. The Appropriation Acts of 1927,1929,1931 and 1933 exceeded the income for each of the eight years affected. The first two Acts resulted in the deficit which has been the plague of. three arnninistrations. The reduction clause has proved workable for three years and it is sound policy to keep expenses within income. I recormnend retention of this clause.
Hhen I went into office two years ago the State

168

JouRNAL oF THE HousE,

owed $2,700,000.00 to banks for borrowed money.This has been paid and today the State owes notes only for money borrowed to pay the expenses of the Guard to suppress insurrection and rioting and to protect the citizen's life, property and right to work.There is provision in the Budget Bill for paying this.
The current debt of the State was at the end of 1932, $7,523,835.82; 1933, $5,383,118.88; and 1934, $4,024,556.15: There is a bill pending providing for diversion of $2,000,000.00 from the Highway Fund to apply on this four millions debt. If this is done, and this Appropriation Bill is not increased,! am of the opinion that the entire current debt can be paid inside the next two years.
Respectfully submitted, EUGENE TAI.l'"lADGE Governor. BUDGE' BILL AN ACT to make appropriations for the operation of the State government,for the support of its eleemosynary institutions,for aid to the University System and to common schools of the State,for aid to the counties for roads and for the payment of the public debt and the interest thereon, for the calendar years l936 and 1937; to provide for a reduction in the sums appropriated for certain purposes in the event of a deficiency in revenue in either of the periods covered under this Act; to suspend the operation of parts of Acts allocating certain revenue for special purposes, so that such revenues shall be paid into the General Fund of the State Treasury to reimburse the General Fund for the payment of appropriations herein made in fixed amounts in lieu of such allocated revenues; to provide that 3% of certain revenues allocated under existing laws for special purposes shall be paid into the General Funds of the Treasury to reimburse the general government cost allocable to such special purposes; and to repeal conflicting laws.

MoNDAY, jANUARY 21, 1935.

169

Be it enacted by the General Assembly of Georgia, and it is hereby enacted that the sums of money hereinafter set out are appropriated for each of the calendar years 1936 and 1937:

SECTION 1

For the Calendar Year

AGRICULTURE,DEPARTMENT OF 1936

1937

(a)For the operating

cost or the department $ 324,000.00 $ 280,000.00

Provided that of the ap-

propriation ror 1936,

$44,000.00 shall be 1m-

mediately available.

SECTION 2

AUDITS,DEPARTMENT OF (a)For the operating
cost of the department $ Provlded,that the State Auditor is directed to set up 1n his department a bureau of statistics of local government financial condition and operations.

100,000.00 $

100,000.00

SECTION 3

BANKING,DEPARTMENT OF (a)For the operating
cost of the department 97% or the allocations fixed by law.

SECTION 4

COMPI'ROLLER GENERAL (a)For the operating
cost of the department $ Provlded,that $60,000.00 or the tax on motor fuels for each or years 1936 and 1937 is hereby

.
198,000.00 $ i98,000.00

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JouRNAL oF THE HousE,

allocated to the General Fund to reimburse said fund for the operating cost or the Bureau or Fuel Oil Inspection,provided for in this i~em; and Provided,that $42,000.00 or the Motor Carriers ~leage Tax for each or the years 1936 and 1937 is hereby allocated to the General Fund to reimburse said fund tor the operating cost or administering the Motor Carriers Tax Act,provided tor in this item.
SECTION 5 EDUCATION,DEPARTMENT OF
(a)For grants tor aid to common schools and the consolidated schools; tor vocational educatio~ tor vocational rehabilitation; tor the salaries or county school superintendents; tor the operating cost or the department .. $4,000,000.00 $4,000,000.00 Provided,that the State Board or Education is authorized to make allotments from this sum tor the purposes named in the item,subject to the provisions or the Budget Act. Provided,further,that the funds arising from the sale of State-owned automobiles,under the Act approved March 15,1933,shall

MoNDAY~ JANUARY 21, 1935.

171

be paid into the General Fund of the State Treas-
ury.
(b)For Grants tor aid to the common and consolidated schools under the provisions of the Common School Equalization Act. 97% of the allocations
fixed by law.

SECTION 6

ENTONOLOGIST,STATE (a)For the operating
cost of the department $ 45,000.00 $ 45,000.00

SECTION 7

FORESTRY AND GEOLOGICAL DEVELOPMENT,DEPARTMENT OF

(a)For the operating cost of the department $

so,ooo.oo $

50,000.00

SECTION 8

GAME AND FISH,DEPARTMENT OF

.

(a)For the operating

cost of the department 97% of the allocations

fixed by law.

SECTION 9

GOVERNOR For the operating cost
ot the Governor's office; ot the office ot the Supervisor of Purchases;ot the office of Keeper of Public Buildings and Grounds;tor maintenance ot buildings and grounds and of the Confederate Cemetery at Marietta;tor payment of rewards; for publishing notices re-

172

JouRNAL or THE HousE,

quired by law;ror publishing and _distributing the Acts and Journals or the General Assembly and the Codes ot Georgia;!or insurance on public property not otherwise provided tor $ 103,500.00 Provided,that the State agency having in charge ar~ State property shall pay the premium or insurance on such property.
(b)For an Emergency Fund for allotment under the provisions o! Sec-
tion a of the Budget Act.$ 167,000.00
Prov1ded,that of the appropriation tor 1936, $65,000.00 shall be 1mmediately available for allotment to the Military Department for expenses of Riot Duty.
(c)For State property Insurance Reserve Fund to be immediately available it needed $ 100,000.00

$ 103,500.00 $ 102,000.00 $ 100,000.00

SECTION 10

HIGHWAYS,DEPARTMENT OF (a)For the operating
cost or the department and the construction and maintenance of the State road system 9?% of the allocations
fixed by law.

SECTION 11

INDUSTRIAL RELATIONS,DEPARTMENT OF (a)For the operating
cost or the Division of

\lo~D.H, J.\:-;"L":\RY 21, H\:3.-J.

173

Co~nerce and Labor $ 9,000.00 $ 9,000.00 (b)For the operating
cost for administering the Workmen's Compensation Act 97% Qf the allocations
fixed by law.

SECTION 12

LAW,DEPARTMENT OF (a)For the operating
cost of the department $ 30,000.00 $ 30,000.00

SECTION 13

LIBRARY (a)For the operating
cost and purchase of publications $ Provided,that the salary of the State Librarian shall be $2,400.00 per annum,and the fees for commissioning Notaries Public shall be paid into the General Fund of the State Treastrry.
(b)For printing and distributing the -reports of the Supreme and Appeals Courts $

a,ooo.oo $
10,000.00 $

a,ooo.oo
10,000.00

SECTION 14

LIBRARY COMMISSION (a)For the operating
cost of the Commission and the purchase of publications $

10,000.00 $

10,000.00

SECTION 15 MILITARY,DEPART:MENT OF
(a)For the operating

174

JouRNAL or THE HovsE,

cost of the department and aid to the Military Organization $ 60,000.00
{b)For Riot Duty $ 100,000.00 Prov1ded,that the appropriations under this item shall not be available except for the suppression of insurrection and r1ot1ng,for the protection of person and property in this State and protection to every citizen in the exercise of his inalienable right to work unmolested and un1nt1m1dated;and Prov1ded,that any unused part of the appropriations under this item shall lapse and revert to the General Fund of the State Treasury at the end of the year for which appropriated.

$ 60,000.00 $ 100,000.00

SECTION 16

NAVAL STORES SUPERVISING INSPECTOR (a)For the compensa-
tion of the Supervising Naval Stores Inspector 97% of the. allocation
fixed by law.

SECTION 17

PRISON COMMISSION (a)For the operating
cost of the Commission $ 42,000.00 $ 36,000.00 Prov1ded,that of the appr1at1on for 1936, 6,000.00 shall be 1mmediately available.

:\Jo:>D.\.Y, _T.\1\"L"ARY 21, 1935.

175

(b)For the operating cost of the Prison Farm in Baldwin County $ 85,000.00 $ 85,000.00
(c)For the operating cost of the Prison Farm in Tattnall County $ 15,000.00 $ 15,000.00

SECTION 18 PUBLIC HEALTH,DEPARTMENT OF
(a)For the operating cost of the department $ 125,000.00 $ 125,000.00
SECTION 19 PUBLIC SERVICE COMMISSION
(a)For the operating cost of the Commission 97%.of the allocation
fixed by law. SECTION 20 REVENUE COMMISSION (a)For the operating cost of the Division. of Cigar and Cigarette and Delinquent Taxes $ 80,000.00 $ 80,000.00 (b)For the operating cost of the Division of Income Tax $ 80,000.00 $ 80,000.00 Provided,that overpayments of income tax found to be due under the law are authorized to be reftmded out of any tax money in the hand$ of the Income Tax Division, and Section 61 of the Income Tax Act of 1931 is hereby suspended.Provided,further,that all funds held in the State Treasury in the Income

176

JouRNAL oF THE HousE,

Tax Refund Reserve Fund under the provisions of Section 11 of the Income Tax Act of 1929 and Section 61 of the Income Tax Act of 1931 are hereby directed to be transferred to the General Fund.
(c)For the operating cost of the Division of Motor Vehicle Registration,not including the cost of tags $ 80,ooc.oo $ 80,000.00 Provided,that $80,000.00 of the Motor Vehicle Registration License Tax is hereby directed to be paid into the General Fund of the State Treasury in each of the years 1936 and 1937 to reimburse the General Fund for the appropriation provided in this item.
SECTION 21 SECRETARY OF STATE
(a)For the operating cost of the department except as provided in items (b) and (c) $ 25,000.00 $ 25,000.00
(b)For the operating cost to administer the laws regulating the practice of professions. 97% of the allocations
fixed by law. (c)For the operating cost to administer the Securities Law ... 97% of the allocations
fixed by law.

l\lo:\'DAY, JAKL\RY 21, Hl.1:J.

177

SECTION 22 STATE TREASURER
(a)For the operating cost of the department $ 27,500.00 $ 27,500.00 Provided,that the salary of the State Treasury shall be $6,000.00 annually.
(b)For the interest on public debt,including the Constitutional Debt to the University System$ 200,00C.OO $ 200,000.00
(c)For the Sinking Fund for payment of the principal of the public debt ............. Allocation fixed by law.
(d)For the redemption of Western and Atlantic Railroad Rental Discounts Allocation fixed by law.
(e)For grants to counties for aid on county road construction and maintenance . 97% of allocation fixed by
law. (f)For the operating cost of the Supreme Court $ 73,000.00 $ 73,000.00 (g)Fo1 tl1a operating cost of the Court of Appeals .. $ 74,000.00 $ 74,000.00 (h)For the salaries and fees of Judges and Solicitors General of Superior Courts . $ 206,000.00 $ 206,000.00 (i)For compensation and mileage of the President and members of the Senate and of the Speaker and members of the House of Representatives; for the compensation of the Secretary of the Sen-

178

JouRNAL oF THE HousE,

ate,of the Clerk of the House of Representatives, of the messengers and doorkeepers of Senate and House of Representatives as fixed by law; for the travel expenses of members of legislative committees;and,for supplies,repairs,printing,and other incidental expenses of the General Assembly ........

$ 192,000.00

SECTION 23-VETERANSt SERVICE OFFICE {a)For pensions to Con-
federate soldiers and widows,for funeral expenses,for fees of ordinaries,and for operating cost of the department . Allocation fixed by law. Provided,that from the allocation not more than $35,000.00 may be used in each year for the operating cost of the department; and Provided, further, that after paying pensions, funeral expenses,ordinaries fees and administration expense currently due,any surplus fund may be used for paying any pensions,funeral expenses, or ordinaries fees which may be due from prior years,such claims to be paid in the order of age-oldest first.

\Jo~DAY, J.t;!\TARY 21, }f}1;),

179

SECTION 24-ELEEMOSYNARY I:~STITUTIONS ,BOARD OF CONTROL OF
(a)For the operating cost of the Board, of the Division of Public Welfare,of the Milledgeville State Hospital,of the Tuberculosis Sanatorium, of the Scl1ool for Mental Defectives,of the School for the Deaf,of the Academy for the Blind,of the Training School for Boys,of the Training School for Girls,and of the Confederate Soldiers Home including the weel<ly allowance to inmates $1,648,000. $1,500,000. Provided, that tl1e Board of Control is hereby author17.ed to make allotments from this swn to the Institutions and activities under its control,subject to the provisions of the Budget Act;and Provided, further, that of the appropriation for 1936,$148,000.00 shall be immediately available for allotment to Milledgeville State Hospital for use in paying their indebtedness.

180

JouRNAL or THE HousE,

SECTION 25-UNIVERSITY SYSTEM,REGilJTS OF (a)For the operating
cost of the Regents and for aid to the University System $1,300,000.00 $1,300,000.00 TOTAL FOR EACH YEAR. $9,375,000.00 $9,304,000.00 SECTION 26. In the event that the funds available for paying the fixed sum appropriations herein made should be less than the total sum of such appropriations in either of the periods covered under this Act,then such a~propriations shall be reduced pro rata in the amount of such deficiency,provided,however,that the sums appropriated for the interest on public debt,and for the judicial and legislative branches of the government shall not be affected by the provisions of this Section. The sums so stricken under the provisions of this Section are hereby declared annulled,and the sums remaining after the application of the provisions of this Section shall be the appropriations for the purposes named,in lieu of the amow1ts set out in this Act. SECTION 27. Wherever in this Act fixed sums are appropriated for purposes for which State revenues are allocated under existing laws,such fixed sums are in lieu and/or inclusive of such allocated revenues,and the operation of parts of Acts so allocating revenues for specific purposes is hereby suspended for the period for which fixed sums are appropriated under the within Act. The State agencies charged with the duty of collecting the revenues affected by the provisions of this section are hereby directed to pay all of said revenues into the General Fund of the State Treasury,and at the beginning of the biennium covered by this Act,the State Treasurer is directed to transfer to the General Fund any balances held in allocated funds so affected by the provisions of this Section.

J'<.foNDAY, jANUARY 21, 1935.

181

SECTION 28. Wherever in this Act there is appropriated "97% of the allocation fixed by law" for purposes for which said revenues are allocated under existing laws,the operation of all such laws in excess of the 97% appropriated in this Act are hereby suepended tor the periods covered by this Act,and the State agencies charged with the duty of collecting the revenues affected by the provisions of this Section are hereby directed to pay the 3% excess over the amount appropriated into the General Fund ot the State Treasury to reimburse the General Fund tor general governmental cost allocable to said special funds.
SECTION 29. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed.
The following message was received from the Senate through Mr.HruTh~ond,the Secretary thereof: Mr.Speaker:
The Senate has adopted by the requisite constitutional majority the following resolution of the House to wit: By Mr.Harris of Richmond:
House Resolution No. 37. A resolution that the General Assembly convene in joint session at 11:45 otclock,A.M., Monday, January 21~ 1935for the purpose of hearing an address by the Hon. Howard E.Cotfin.
The hour of convening of the Joint Session ot 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 Honorable Howard E.Coffin,was called to order by Honorable Charles D.Redwine,President of the Senate.
The Secretary of the Senate read the Joint Resolution providing tor the Joint Session.
The President appointed as a Committee ot Escort,

182

JouRNAL OF THE HousE,

to escort Mr.Coff1n to the Speaker's stand,Messrs. Atwood of Mclntosh,Claxton of Camden,Mundy of Polk, Culpepper of Fayette,Fowler of Treutlen,on the part of the House,and Messrs.S1mmons of the 8th,Eden!1eld of the 4th,and Atkinson of the 4th, on the part of the Senate.
Honorable Howard E.Coff1n,w1tb the Hanarar,y Comndttee of Escort,appeared upon the floor of the House, was escorted to the speaker's stand,and addressed the House.
Mr.Harr1s of Richmond moved that the Joint Session of the House and Senate do now dissolve,the motion prevailed,and the joint sess1onwas dissolved.
The Speaker called the House to order. Mr.Edwards of Lowndes 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.

TuESDAY, }ANUARY 22. 1935.

183

Representative Hall,Atlanta,Ga.

Tuesday, January 22, 1935.

The House met pursuant to adjournment this day at 10:00 0'clock,A.tl.,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:

An runs Allen Almand of Fulton Almand of Walton Anderson Ansley of DeKalb Ansley of Lee Arnall Atwood Bannister Bargeron Barnard Barrett Batchelor Bennett Benton Bond Booth Bowden Black Bland Blease Bloodworth Bradley Brinson Brisendine Brooks Brown of Glynn Brown of Greene Brown of Pike Burgin Bush Camp Campbell

Caswell

Felton

Claxton of

Flynt

Camden

Fowler

Claxton of

Freeman of Bibb

Johnson

Freeman of Early

Clements of Gam:nage

Calhoun

Gardner

Clements of Garrett

Wheeler

Gavin

Cobb

Gilbert

Cohen

Gnann

Coleman

Goolsby

Coxon

Grayson

Culpepper of Green

Echols

Griffin of

Culpepper of

Decatur

Fayette

Griffin of Floyd

Darnell

Groov:er

Daughtry

Groves

Davis of Troup Guess

Deal

Hammock

Dean

Hampton

DeLoach

. Hand

Dobbins

Harris

Dorris

Harrison

Douglass

Hartsfield

Durden

Herndon

Dyer

Head

Edwards of

Hefner

Lowndes

Henderson

Edwards of

Hogan

Stephens

Hogg

Ennis

Holland

Etheridge

Hooks

184

JouRNAL oF THE HousE,

Horton

Mitchell of

Smith of Webster

Houston

Taliaferro

Spivey

Howard of

Moore of Clayton Standard

Chattahoochee Moore of

Stephens

Howard of

Haralson

Sutton

Screven

Morris

Swann

Jackson of

Moye

SWindle

Blackley

l"hmdy

Teasley

Jackson of

Musgrove

Terrell of Hall

Habersham

Neal

Terrell of

Joel

Newby

Troup

Johnson

Oden

Terrell of

Johnston

Parham

Warren

Jones of

Parker of

Thompson

Brantley

Colquitt

Thrasher

Jones of Lumpkin Parker of Union Tipton

Kelley

Parks

Toms

Lanier

Parr

Townsend

Lee

Patten of Cook Twitty

Leonard of

Patten of Tift Warnell

Muscogee

Peebles

Watkins

Leonard of

Peek

Watson

Walker

Perry

Weathers

Lewallen

Peters

Weeks

Lewis

Pound

Welsch

Lindsay

Preston of

West

McBride

Bulloch

Whaley

Mccracken

Preston of

Whitmire

NcCranie

Walton

Williams of

I:icCutchen

Ramsey

Bacon

McGraw

Rawlins

Williams of

McKelvey

Ray

Coffee

:icNall

Reagan

Williams of

.Mallory

Ross

Jackson

Mann

Sabados

Williams of

l"lanning

Salter

Jones

Marshall

Sammon

Willingham

Martin

Sartain

Wilson

Milam

Scruggs

Woods

I1ills

Settle

Wrench

!"lin chew

Shedd

Young

11itchell of

Shirah

Zellner

Lamar

Smith of

Mr. Speaker

Madison

~See Appendix,Volume I,for absentees.

TUESDAY, JANUARY 22, 1935.

185

Mr.Preston of Bulloch,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,the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions under the Rules 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. Lanier and Harris of Richmond. House Bill No. 241. A bill to be entitled and Actl to declare slot machines, and other gambling devices as contraband,and for other purposes. Referred to Committee on Amendments to Constitution No. 1. By Mr. Claxton of Johnson. House Bill No.242. A bill to be entitled an Act to amend Section 1140 of the Civil Code of 1910,as amended,giving to owners of real property, the right to redeem same after tax sales, and for other purposes. Referred to Committee on Ways and Means. By Mr. Claxton of Johnson. House Bill No.243. A bill to be entitled an Act to provide that enforcement of collection of tax executions shall not be defeated because of error,

186

JouRNAL or THE HousE,

and for other purposes. Referred to Committee on Ways and Means.
By l'1r. Brown of Glynn. House Bill No.244. A bill to be entitled an Act
to provide for the consolidation of offices of tax receiver and tax collector of Glynn County;to provide for a tax con~issioner,and for other purposes.
Referred to Comrr1ittee on Counties and County Matters. By Mr. Smith of Webster.
House Bill No. 245. A bill to be entitled an act to increase the State Aid Road mileage,and for other purposes.
Referred to Committee on Public Highways No. 2. By Messrs. Lindsay, Ansley and Guess of DeKalb.
House Bill No.246. A bill to be entitled an act to prohibit the establishment ot cemeteries, hospitals and similar institutions in certain counties without perniission from Ccunty Commtsstoners, and for other purposes.
Referred to Co~ittee on Special Judiciary. By Messrs. Ltndsay,Guess and Ansley of DeKalb.
House Bill No.247. A bill to be entitled an act to prohibit the establishment of dance halls, swimming pools or other places of amusement in certain counties without permission_ from Board of Roads and Revenue, and for other purposes.
Referred to Committee on Counties and County matters.

TUf:SDAY, jANUARY 22, 1935.

187

By I1r. Brown of Glynn. House Bill No.248. A bill to be entitled an Act
to provide for the consolidation of offices of tax receiver and tax collector of Glynn County; to provide for a tax commissioner and for other purposes.
Referred to Committee on Counties and County Matters. By l''.lr.Brown of Glynn.
House Bill No.249. A bill to be entitled an Act 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 Ivlr. Brown of Glynn.
House Bill No.250. A bill to be entitled an Act amending an Act so as to reduce the salary of the Judge of the City Court of Brunswick,and for other purposes.
Referred to Committee on Counties and County Matters. By Mr. Brown of Glynn.
House Bill No.251. A bill to be entitled an Act to amend an Act changing the time in which land sold for taxes or drainage assessments might be redeemed and for other purposes.
Referred to Committee on Counties and county Matters. By Mr. Weeks of Columbia.
House Bill No. 252. A bill to be entitled an Act to prohibit indecency in dress in bathing in public places, and for other purposes.
Referred to Committee on Hygiene and Sanitation.

188

JouRNAL oF THE HousE,

By .Mr. Weeks of Columbia. House Bill No. 253. A bill to be entitled an Act
to prohibit the organization or operation of Nudist Colonies, and for other purposes.
Referred to Committee on Hygiene and Sanitation.
By l1r. Weeks of Columbia. House Bill No. 254. A bill to be entitled an Act
to amend an Act so as to prohibit discrimination in the selection of school teachers, and for other purposes.
Referred to Committee on Education No. 2. By Mr. Salter of Baker.
House Bill No. 255. A bill to be entitled an Act to prohibit the assessing of road taxes in Baker County and for other purposes.
Referred to Committee on Counties and County Matters. By Mes~rs. Dyer and Arnall of Coweta.
House Bill No. 256. A bill to be entitled an Act to amend an Act so as to provide rules of eligibility for applicants for disabled Veterans license, and for other purposes.
Referred to Committee on Pensions. By .Mr. Reagan of Henry.
House Bill No. 257. A bill to be entitled an Act to amend an Act so as to increase the highway mileage, and for other purposes.
Referred to Committee on Public Highways No. 2.

TuESDAY, jANUARY 22, 1935.

189

By Mr. Hammock ot Randolph. House Bill No.258. A bill to be entitled an Act
to create a Board or Commissioners or Roads and Revenue tor Randolph County,and for other purposes.
Referred to Committee on Counties and County Matters. By Messrs.Gammage ot Terrell;Booth ot Barrow and Terrell ot Troup.
House Bill No.259. A bill to be entitled an Act to provide for the payment or accrued pensions of Confederate Soldiers,at their death,to be paid to their estate,and tor other purposes.
Referred to Committee on Pensions. By Messrs.Horton and Young ot SUmter and Zellner of Monroe.
House Bill No.260. A bill to be entitled an Act to provide that persons absent might cast their ballots in primaries or general elections,and for other purposes.
Referred to Committee on Privileges and Electio~ By Mr. Terrell of Warren.
House Bill No.261. A bill to be entitled an Act to Amend Section 24-1707,Code of Georgia of 1933, so as to provide that Clerk or Superior Court might discharge all duties of Ordinary in case of vacancy in office,and for other purposes.
Referred to Committee on General Judiciary No.2. By Mr. Marshall of Macon.
House Bill No. 262. A bill to be entitled an Act to regulate the sale and use of firearms, and for other purposes.
Referred to Committee on General Judiciary No.1.

190

JouRNAL oF THE HousE,

By Mr. Howard or Chattahoochee. House Bill No. 263. A bill to be entitled an Act
submitting amendment to Constitution exempting $2,000 in real property and $300 in personalty.
Referred to Committee on Amendments to Constitution No. 1.
By l1r. Herndon ot Hart. House Bill No. 264. A bill entitled an Act to
abolish the orrtces or tax receiver and tax collector in Hart County, and tor other purposes.
Referred to Committee on Counties and County Matters. By Messrs. Manning and Welsch or Cobb.
House Bill No. 265. A bill to be entitled an Act to amend an Act so as to provide that sales by wife to husband might be approved by Court either in term time or vacation, and tor other purposes.
Referred to Committee on General Judiciary No.2. By Mr. Brown of Glynn.
House Bill No.266. A bill to be entitled an Act to amend an Act so as to abolish the numbering of ballots in elections in certain counties,and tor other purposes.
Referred to Committee on Counties and County Matters. By Messrs. Dyer and Arnall of Coweta.
House Bill No.267. A bill to be entitled an Act to amend Section 2778, Code of 1926,regulating building and loan associations and savings and loan

TUESDAY, jANUARY 22, 1935.

191

associations,and for other purposes. Referred to Committee on Insurance.
By Mr.Head of Catoosa. House Bill No.268. A bill to be entitled an Act
to amend Section 1007 of the Penal Code of 1926, regulating compensation of clerks of superior court, and for other purposes.
Referred to Committee on Special Judiciary. By Mr.Hammock of Randolph.
House Bill No.269. A bill to be entitled an Act to repeal an Act creating a Board of Commissioners of Roads and Revenues in and tor the county of Randolph, and for other purposes.
Referred to the Committee on Counties and County J:1atters. By J:1essrs. Griffin of Decatur and Townsend of Dade.
House Bill No.270. A bill to be entitled an Act to legalize,regulate and control the manufacture, sale and distribution of alcoholic beverages, to repeal the bone dry law of Georgia, and for other purposes.
Referred to the Committee on Temperance. By J:1essrs. Grayson, Cohen and J:1cNall of Chatham.
House Resolution No.43-270a. A Resolution to authorize the State Librarian to furnish certain volumes of books to the Eastern Judicial Circuit, and for other purposes.
Referred to the committee on Public Library.

192

JouRNAL or THE HousE,

By l'1r. Almand of Fulton. House Resolution No.~-270b. A Resolution to
authorize the Director of Veterans Service to pay past due pension to Mrs. Ellen Knight, and for other purposes.
Referred to the Committee on Special Appropriations. By Messrs.Hogg of Schley,and Horton and Young of
Sumter. House Resolution No.45-270c. A Resolution to require the State Highway Board of Georgia to add certain mileage to the State Aid Road System in Schley and Sumter Counties,and for other purposes. Referred to the Committee on Public Highways No.~ By Messrs.Horton and Young of Sumter and Gammage of Terrell. House Resolution No.46-270d.A Resolution to require the State Highway Board to add certain mileage to the State Aid Road System in Sumter and Terrell Counties,and for other purposes. Referred to the Committee on Public Highways No.2. By Mr.Watkins of Oglethorpe. House Resolution No.47-270e. A Resolution to authorize the State Librarian to furnish certain volumes to Oglethorpe County, and for other purposes. Referred to the Committee on Public Library. By Mr. Terrell of Warren. House Resolution No.48-270f. A Resolution to furnish the Commissioner of Roads and Revenues of warren County with certain volumes,and for other purposes. Referred to Committee on Public Library.

TUESDAY, jANUARY 22, 1935.

193

By Mr.Almand of Fulton. House Resolution No.49-270g. A Resolution to re-
lieve W.P.tliddlebrooks as surety on the bond of Herman Wilcox,and for other purposes.
Referred to the Committee on Special Judiciary. By Mr.Bradley of Tattnall.
House Resolution No.50-270h. A Resolution to authorize the retirement of Cedarhaw School District bonds and for other purposes.
Referred to the Committee on Special Appropriations. By Messrs.Spivey of Emanuel and Harris of Richmond.
House Bill No.271. A bill to be entitled an Act to provide for the acceptance of the Act of Congress entitled "An Act to provide for the establishment of a National Employment System",and for other purposes.
Referred to Committee on Special Appropriations. By tlr.Howard of Chattahoochee.
House Bill No.272. A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Chattahoochee county,to create the office of Tax Commissioner,and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Booth of Barrow. House Bill No. 273. A bill to be entitled an Act
to prohih1t all trucks and trailers above one-halt ton capacity from using the highways or this State on Sundays, and for other purposes.
Referred to Committee pn Public Highway No. 1.

194

JouRNAL OF THE HousE,

By Mr. Claxton of JohnSon. House Bill No. 274. A bill to be entitled an Act to
amend the Charter of the Town of Kite, and for other purposes.
Referred to Committee on Municipal Government. The following message was received from the Senate through Mr. Hammond, the Secretary thereof: Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following resolution of the House to wit: By Messrs. Lanier,Harris, and Barrett of Richmond: House Resolution No. 35. A Resolution that the General Assembly of Georgia express its thanks to Mrs.John W.Herbert for her gift to the Georgia Medical College, and for other purposes. The following communication was received from his Excellency, Governor Eugene Talmadge:

TUESDAY, jANUARY 22, 1935.

195

Jan. 17, 1935 REPORT OF CLEMENCY CASES TO THE GENERAL ASSEMBLY OF GEORGIA: I hand you herewith report,as required by law, showing action taken by me in all clemency matters, including reprieves,probations,paroles,commutations and pardons granted since January 10,1933. I call attention or this General Assembly to a part or the report styled"Special Probations recormnended by trial Judge" Formerly it was the practice to release prisoners in misdemeanor cases upon recommendation or the trial Judge. Under date of May 23, 1934,the Attorney General rendered an opinion showing that after a prisoner began the service of his sentence the trial Judge was without jurisdiction and did not have authority,under the law,to amend his sentence. After that opinion,! required all misdemeanor cases, including those recommended by the trial Judge,to come before me regularly and have handled them as other cases are handled. The cases reported under the head or SPECIAL PROBATIONS, under the old practice would not have been reported to the Legislature. I call your attentiv!1 Lo this so as to account tor any increase that may be noted in the probations granted.
Sincerely yours, Eugene Talmadge
Governor. RESPITES M.A. WELLS: Whitfield County; manslaughter;Prison Commission requires time to consider case;respite granted for a period or rorty-tive days from March 10, 1933.

196

JouRNAL or THE HousE,

s.~ F. AIKEN: Fulton County; murder; attorneys ~equest additional time to make proper showing on petition for clemency; respite granted for a period of thirty days from March 16, 1933.
J.R. MCDOW: Troup County; murder; attorneys request additional time to consider case; respite granted for a period of thirty days from April 5, 1933.
B. STAFFORD: Lowndes County; murder; Prison Commission request additional time to study the record; respite granted for a period or thirty days from May 17, 1933.
B. STAFFORD: Lowndes County; murder; it has been made satisfactorily to appear that a further stay of execution be granted in this case in order that full justice may be done;respite gr~ted for a period of thirty days from June 16,1933.
H.E. JORDAN: Fulton County; assault and battery; Prison Commission request additional time to study the record in case; respite granted for a period of ten days from September 20, 1933.
W.A. LITTLE: Fulton County; non-support of children; re-arrested for violation of his probation for reasons that he was unemployed and had no means of paying for up keep of his children; has promise of job. Respite granted for period of thirty days from May 24, 1933.
LUTHER BOlfJEN: Catoosa County; involuntary-manslaughter; it is satisfactorily shown that the ends of justice require a respite from the sufferance of sentence imposed; respite granted for a period of sixty days from August 3, 1933.
GEORGE A. HAYNES: Fulton County; abandonment; it has been ma.de satisf2.ctorily to appear that a respite in this case should be granted in order that he may provide means of support for his child; respite grantedfram July 5, 1933, until September

TUESDAY, jANUARY 22, 1935.

197

15, 1933.

FLOYD SOUTH: Fulton County; murder; request Floyd South be granted respite in order that he may appear as State witness in trial or Andrew Bostwick; respite granted rrrnn the enforcement or the death sentence tor and during a period or thirty days !rom November 17, 1933.

JAMES F. BARBEE: Pulaski County; murder; Prison Commission recommend respite be granted in order that the matter may be heard !rom the day agreed upon; respite granted tor a period or twenty days rrom October 4, 1933.

DR. H.T. HINTON and E.N. WILSON: DeKalb County; burglary; attorneys tiled application in form or an Extraordinary Motion tor a new trial. Respite granted !rom the execution or the sentence until same can be heard at the term or DeKalb Superior Court, June 5, 1933.

DR. H.T. HINTON and E.N. WILSON: DeKalb County; burglary; respite was granted on the 11th day or April,l933; attorneys request additional time; respite granted tor a period or thirty days !rom June 6, 1933.

CHARLES HADEN AND ROSS HATCHER, Jr: Bibb County; rape; Chief Executive requests more time to consider the case; respite granted tor a period or thirty days !rom May 22nd,l933.
G.c. LYDA: Cobb County; misdemeanor; showing has
been made defendant cannot pay tine instanter but can do so with reasonable time; respite granted tor a period or thirty days tram June 1, 1933.

ED MACK: Brook County; murder; attorneys request

additional time to consider the case; respite granted tor a period or thirty days tram June

a,

1~33.

198

JouRNAL oF THE HousE,

FrHedOMwER.

LEE New

SHORT: Assrt.

uM.sa.rlAonttoCronuenytyr,emquuredsetr;

Hon. additional

time to bring facts before the Prison Commission

and the Governor; respite granted for a period of

thirty days from June 23, 1933.

TOM WHITE, alias MOSE WHITE: Fulton County; murder; attorneys request additional time needed in order that the ends of justice may be attained; respite granted tor a period of thirty days from June 25,1933.

B.E. BASS: Wayne County; embezzlement; County officers and County physicians state that his physical condition is desperate and request that respite be given in order that he may return home; respite granted tor a period of sixty days from August 19, 1933.

B.E. BASS: Wayne County; embezzlement; health unimproved; request that leave of absence heretofore granted be extended until January 1, 1934.

B.E. BASS: Wayne County; embezzlement; health unimproved; additional extension granted for a period of thirty days from December 30, 1933.

L.C. HAMILTON: Gwinnett County; murder; certificate from physician State Farm,states prisoner cannot live but short time unless treatment for cancer is made available; respite granted for a period of thirty days from June 2, 1933.

L.c. HAMILTON: Gwinnett County; murder; leave of absence expired and it has been satisfactorily shown by physician treating Mr. Hamilton that further treatment is neces.sary; respite granted for a period of thirty days from July 2, 1933.

L.C.HAMILTON: Gwinnett County; murder; physician treating Mr. Hamilton states that further treatment is necessary; respite granted for a period of thirty days tram August 2, 1933.

TUESDAY, JANUARY 22, 1935.

199

L.c. HAMILTON: Gwinnett County, murder; it has been satisfactorily shown that further time is required tor treatment; an extension of thirty days be granted from October 2, 1933.
L.C. HAJ1ILTON: Gwinnett County, murder; several additional orders have been written extending leave of absence and it being shown that further time is required for treatment;respite granted thirty days from September 2, 1933.
FRED KILLIAN: Whitfield County; vel-manslaughter; Attorneys request addition time consider case; respite granted for a period of thirty days from April 11, 1933.
RICHARD MORRIS: Fulton County; murder; attorneys request additional time to consider case; respite granted for a period of thirty days tram June 26, 1933.
RADER DAVIS: Fulton County, murder; Hon. Claude c. Smith, Solicitor General, requests that time be given in order that he may be used as a witness for the State; respite granted for a period of thirty days from April 27, 1933.
HOSEA PATRICK: Fulton County murder; counsel for him will not have sufficient time to prepare and present plea for clemency to Prfson Commission; respite granted for a period of thirty days from March 30, 1934.
HOLLIS CURTIS: Newton County; abandonment;without financial means or property and physically unable to earn living,request time be given to master barbers trade sufficiently to enable him support family; respite granted for a period of ninety days from January 24, 1934.
GEORGE COLE: Clarke .County murder; attorneys request time prepare and present evidence for consideration; respite granted for a period of thirty days from April 19th, 1934.

200 .

JouRNAL or THE HousE,

REESE CASTLEBERRY, JR., Pickens County; murder; Prison Commission requests time consider case; respite or thirty days !ram April 20th 1934,granted.
SHEFFIELD BENNETT: Clinch Countyi hog stealing; terms of Prison Order granted Feb. 6, 1934, permitting Sheffield Bennett visit hame on account or condition of his family; request Bennettrs presence is urgently needed !or a longer time; respite granted for a period or thirty days from 21st day of February, 1934.
HORACE SHEPPARD: Fulton County; murder; sufficient time requested in order to investigate merits or the petition !or commutation sentence; respite granted !or a period of thirty days !rom November 10, 1934.
ISIAH ASHLEY: alias Buddie Ashley; Appling County; murder; Prison Commission requests additional time in which to study application; respite granted tor a period or thirty days !rom December 19, 1934.
ALL~ WESTBERRY: Lowndes County; murder; Prison Commission states they need additional time to give application due consideration; respite granted !or a period or thirty days !rom May 16, 1934.
ALLEN WESTBERRY: Lowndes County; murder; Prison Commission recommended commutation to life imprisonment account mental condition; it is requested additional time be given in order that a lunacy commission may determine the mental condition or Westberry; respite granted tor a period of ninety days !rom July 6, 1934.
W.T. MORRIS: Fulton County; murder; Furlough is requested in order that W.T. Morris may receive medical attention; furlough tor a period or thirty days !rom April 7, 1934, is granted.
W."T. MORRIS: Fulton County; murder; further time is needed !or treatment of Mr. Morris, who is in custody of Chief or Police T.O. Sturdivant,

TuESDAY, JANUARY 22, 1935.

201

respite of thirty days is granted from May 7,1934.

JAMES WRYE: Fulton County; abandorunent; Trial Judge recommends he be given respite of sixty days in order that he may support and look after his children during his wife's sickness. Respite granted for a period of sixty days from June 27th, 1934.

CLEVELAND JACKSON: Morgan County; murder; It has been made to appear that a stay of execution should be granted in order that full justice may be done. Respite of ninety days he granted from July 6,1934.

H. L. HORNSBY; Fulton County; burglary; Prison Commission recommends additional time be given study case in order that evidence might be produced to substantiate the contention of Hornsby that another man by name of Murphy committed the crime. Respite of thirty days be granted from July 19, 1934.

c.w. ASKEW: Fulton County; operating automobile
on highway while intoxicated; defendant asks that he be granted a stay of execution on said sentence until he can bring matter before the Prison Commission under the rules and regulations prescribed in such matters, with the hope of getting his fine reduced. Respite granted for a period of forty days from August 14, 1934.

c.w. ASKEW: Fulton County; operating automobile

while intoxicated; it has been shown that addition-

al time is necessary; respite of five days is grant-

ed from September 24,, 1934.

c.w. ASKEW: Fulton County; operating automobile

while intoxicate ed clemency for

dc.;wt.heAsPkerwis,wonhoChoamsmbiseseinonprreecvoimomuselnyd-

granted respites on August 14 and September 24.

There is certain oppQsition to the application who

should be given an opportunity to be heard on our

next clemency day, Oct. lOth; respite for a period

of twelve days from October 1st, 1934 is granted.

202

JouRNAL oF THE HousE,

ALLEN DAY: Colquitt County; possessing liquor; it is shown that time is needed in which to make application to Prison Commission for clemency; respite granted for a period of thirty days from August 20, 1934.
BARNEY MCGROTHER: Colquitt County; adultry; time is needed 1n which to make proper presentation to Prison Commission; respite granted for a period of thirty days from August 20, 1934.
CLIFF GOBER: Fulton County; misdemeanor; defendant's family needs his services at home on. account of illness; furlough of five days is granted from August 20th, 1934.
BULLY MCLEAD: Carroll County; simple larceny; due to fact that he has an application pending with Prison Commission which has not yet been acted on; and which will not be reached for several days; respite granted for a period of fifteen days from October 25, 1934.
BULLY MCLEAD: Carroll County; simple larceny; it has been shown that additional time is needed for case to be acted on by Prison Board; respite granted for a period of ten days from November 9th, 1934.
GEORGE MAY: Tift County, transporting whiskey, fine is excessive and application made to Prison Commission for commutation; respite granted for a period of forty days from the 23rd of October, 1934.
ARTHUR MARSHALL: Floyti County; murder; counsel for him show that they will not have sufficient time to prepare and present their plea to Prison Commission and Governor; respite granted for a period of thirty days from September 29th, 1934.
ARTHUR !-1AR.SHALL: Floyd County; murder; Prison Commission requests additional time to consider application; respite granted for a period of thirty

TUESDAY, jANUARY 22, 1935.

203

days from November 14, 1934. T.H. BENNETT: Pierce County; cheating and swind-
ling, requests time so that he may file application with the Prison Commission; respite granted for a period of forty days from October 29th, 1934.
WILSON EBLING: Floyd County; selling beer; counsel request time to prepare and present plea for clemency to Prison Commission and Governor; respite granted for a period of thirty days from October 17, 1934.
HARRY THOMAS: Floyd County possessing beer and otherwise violating the prohibition laws; application for commutation has been made to Prison Commission and applicant does not have sufficient time to comply with the rules of the Prison Commission; respite granted for a period of thirty days from October 26th, 1934. CUUD HICKS: Fulton County; murder; counsel for Claude Hicks will not have time to prepare and present their plea for clemency to Prison Commission and Governor; respite granted for a period of thirty days from March 30th, 1934.
J .T. HAMMETT: Troup County, murder; Pris.on Com- mission has petitioned this office for more time to study the peculiar facts in case; respite granted for a period of thirty days from date, December 8th, 1934.
ROBERT BOOKER: Morgan County; distilling liquor; Attorney has appealed for time in order that Prison Commlssion may have time to consider application for clemency; respite granted for a period of thir~ days from December 11, 1934.
J. L. JACKSON: Montgomery County; voluntary manslaughter; Prison Commission needs time in which to study and develop case; respite granted for a period of thirty days from December 14, 1934.

204

JouRNAL oF THE HousE,

R~LPH FORTill~: Gwinnett County; misdemeanor; Prison CoiT~ission requests more time to study application for clemency; respite granted for a period of thirty days from December 21, 1934.
H.H. SNEAD: Serving life sentence for murder in chain gang, Fulton Co., furlough is requested in order that he may have a major operation; furlough of thirty days is granted from December 22nd, 1934.
JOHN WRIGHT and RACK REESE, alias Bussy; McDuffie County; murder; Prison Commission request additional time in which to study these cases; respite granted for a period of thirty days from January 4, 1935.
BOB PARKER: Gwinnett County, driving automobile while intoxicated; defendant request time wi"thin which to file his application for probation with the Prison Commission; respite granted for a period of forty-five days from December 31, 1934.
AARON ABELSON: Fulton County, cheating and swindling; Abelson has not been able to raise the fine an appeal having been made for respite in order that he might file application with Prison Commission; respite granted for a period of thirty days from January 5th, 1935.
ALBERT ALLEN: Fulton County chain gang; Judge, Hon. Edgar E. Pomeroy recommends that he be sent to Grady Hospital for operation; respite granted for a period of thirty days from June 5th, 1934.
RALPH LOVELL: Fulton County desertion; From affidavits of responsible peopie it seems that this is not a case of desertion; it is represented that his wife does not wish to follow husband to farm; respite of thirty days is granted from May 9, 1934.
T.H. BENNETT: Pierce County; cheating and swindling; January 4, 1935, probation was granted upon payment of fine of $150.00, requests more time in

TuESDAY, JANUARY 22, 1935.

205

which to raise tine; respite granted !or a period ot ninety days !rom January 8, 1935.
PROBATIONS ALL PROBATIONS RECOMMENDED BY PRISON
COMMISSION EXCEPT WHERE STATED. SPECIAL PROBATIONS RECOMMENDED
BY THE TRIAL JUDGE. GUY ALLEN: Gwinnett County Superior Court; September term 1934; Having liquor; 12 months;This man has become insane and needs to be in the State Sanitarium; Commuted October 1, 1934. LEWIS AMEY: Atlanta Criminal Court; May term 1934; Possessing liquor; $50.00 or 4 months; Commuted August 13, 1934. MRS. J.H. ADAMS, alias Billie Mcintyre: Atlanta Criminal Court; December term 1933; Simple Larceny 12 months; Commuted August 27, 1934. BOYD ANDERSON: Hall County Superior Court;June term 1934; Misdemeanor; 12 months; Trial Judge, Hon. B.P. Gaillard requests pardon or parole; Commuted October 24, 1934.
s.o. BEDFORD: Fulton County Superior Court;
December term 1933; Misdemeanor; 10 months; Commuted May 24,1934.
D.R. BRATCHER: Floyd County Superior Court; March term 1934; Possessing liquor; 12 months in gang,6 months in jail, or 4 months & $150.00; Recommended by the warden and the Solicitor General; Poor Physical condition; Commuted May 24, 1934.
WILL B. BRO\.JN: Atlanta, Ga. Criminal Court; Feb. term 1934; Carrying concealed weapon; 6 months and 4 months; Hecomnended by Trial Judge and Probation officer, county physician; Commuted Nay 29, 1934.

206

JouRNAL or THE HousE,

BOB BROOM: Atlanta, Ga. Criminal Court; Nov.
term 1933; Possessing liquor; 12 months & 8 months
or $300.00; Recommended by the deputy warden; Commuted JUly 6, 1934.
R.P. BEAVERS: Alias R.P. Jones: Atlanta Criminal Court; March term 1934; Driving while drunk; 10 months; Recommended by Fulton County Probation Officer and Judge Frank Harwell; Commuted August 1, 1934.
ELIZABETH BLANCHARD: Cherokee County Superior court; May term 1934; Misdemeanor; 6 months; Recommended by the Solicitor General; Commuted August 20, 1934.
Ht>..RDMAN BONE: Jefferson City Court; May term 1934; Having liquor; 12 months or fine of $30.00 after about 2 months service; Recommended by the Judge of City Court of Jefferson; Commuted August 31, 1934.
J.D. BOZEMAN: Colquitt Co. City Court; May term 1934; Misdemeanor; 12 months; Recommended by the Judge and Solicitor,Sheriff and the Prosecutor, County Commissioners of Colquitt Co.,Commuted September 7, 1934.
LEE Bf..TES: Atlanta Criminal Court; August term 1934; Misdemeanors; 4 & 2 & 12 months wife and children in destitute circumstances; Commuted September 19, 1934.
BUSH BRAND: Gwinnett County Superior Court; March term 1934; Misdemeanor; 12 months; Recommended by Judge W.W. Stark, Sheriff C.F. Griswell, Ordinary E.s. Wages and County Commissioners of Gwinnett County; Needed at home badly; Commuted October 17, 1934.
J.c. Choren: Douglas County Superior Court; March term 1934; Misdemeanor; 12 months and 12 months; The prisoner has 9 children in a destitute and pitiful condition; Commuted May 29, 1934.

TuESDAY, JANUARY 22, 1935.

207

OSCAR COOK: Paulding County SUperior Court; August term l933;I1isdemeanor; 12 months; Defendant is needed at home to make a crop for his family; Commuted May 29th, 1934.
JOHN COFFEE: Atlanta Criminal Court; June term 1934; Wife Beating; 6 months; Recommended by Fulton County Probation Officer, and on account of the condition of applicantts wife; Commuted August 9, 1934.
ROBERT CHASTAIN: Thomasville Criminal Court;Feb. term 1934; Driving while drunk; 12 months; Recommended by the Solicitor of City Court of Thomasville, Sheriff-Prosecutor; Commuted August 15,1934

H.H. COOPER: Atlanta Criminal Court; April term 1934; Misdemeanors; $100.00 or 8 months $50.00 or 4 months; Recommended by the Judge and Solicitor of the Criminal Court of Atlanta, Assistant Chief, Probation Officer; Commuted September 7, 1934.
JOHN CUTCHER: Fulton County Superior Court;Feb. term 1934; Possessing intoxicating liquor; 12 months; Applicantts family in destitute condition; Commuted September 19, 1934.
JOE COATES: Atlanta Criminal Court; May term
1934; Operating auto while drunk; $35.00 & 6
months;Comrr.uted September 19, 1934. ERNEST CARROLL: Polk County City Court; Septem-
ber term 1934; Drunk on street; 12 months; Recommended by the Judge of City Court of Polk County, Warden and Chief of Police, City Officers and several others; Commuted September 21A 1934.
DEWITT CHURCH: Habbersham County Superior Court; September term 1934; Non-support; 12 months; Applicant probated to Judge B.P. Gaillard,Jr.,unde~ condition that he support his. family;Recommended by Judge Hon. B.P. Gaillard; Commuted October 11, 1934.

208

JouRNAL or THE HousE,

KING COGGINS: Gwinnett County Superior Court; August term 1934; Misd. Assault & Battery; 6 month~ Recommended by members or the County Commission; Commuted October 17, 1934.

HORACE E. DUDLEY: Atlanta, City Court; July term 1934; Operating auto intoxicated; $50.00 or 6 months; Recommended by Solicitor General John McClelland and Fulton County Probation officer; Commuted October 25, 1934.

~UU\VIN DBM~IS: ~1llton County Superior Court;

March term 1934; Larceny of auto; 12 months;Recom-

mended by Judge Superior Court, Probation Officer;

Warden and guards state he has made a good record;

A youth; Commuted I'Iay 29, 1934.

,

PARKS EATON: Atlanta Criminal Court; May term 1934; Vagrancy; 12 months; Recommended by trial Judge upon evidence showing that the prisoner is suffering with tuberculosis and has been authorized to receive treatment at the Veterans Administration Hospital, Oteen N.c.; Commuted July 3,1934. Not recommended by Prison Commission.

A.E. EVANS: Blackshear,Ga. City Court; August term 1934; Misd.(2 cases); 4 months & 3 months; Recommended by the Sheriff, County Commissioners, and several other persons in Pierce County,Commuted October 5, 1934.

KIT EI1!1IT: Swainsboro City Court; May term 1934; Possessing liquor; 12 months; or $75.00; Commuted August 31, 1934.

LOUIS EVANS: DeKalb County Superior Court;June term 1934; Robbery; 12 months; Commuted September 15, 1934.

Jft~S FRANKLIN: Atlanta Criminal Court; August term 1934; Vagrancy; 6 months; Applicant has a job offered; Commuted September 18, 1934.

JAMES FREE.MAN: Fulton County Superior Court;June

TuESDAY, JANUARY 22, 1935.

209

term 1934; Larceny auto; 12 months; Recommended by the trial Judge, Hon. Jno. D. Humphries; Solicitor Boykin, Prosecutor, arresting officers; Commuted September 19, 1934.
CHARLIE FREELAND: Atlanta Criminal Court; April term 1934; Possessing & selling liquor; 12 months; Applicant a youth; Conwuted October 16, 1934.
PETE GERAKITIS: Fulton County Superior Court; October term 1933; Cheating.and Swindling fraudulent checks; 12 months, 3 months, 3 months consecutively; Statement of the Probation Officer of Fulton; Recommended by responsible citizens of Fulton County; Commuted May 26, 1934.
ERNEST GAINES: Bibb County Superior Court; November term 1933; Misdemeanor,(Pi~tol); 12 months; Good prison record; Commuted May 24, 1934.
HENRY GREGORY: Polk County City Court; June term 1934; Being drunk on streets & highway; 12 months; Recommended by Judge and officers of court, and has a wife and child to support; Comnruted October 25, 1934.
ERNEST HINSON: Atlanta Criminal Court; ~eb. term 1934; Assault & Battery; 6 & 6 months; Good record; Commuted October 11, 1934.
CLYDE HOBBS: Atlanta Criminal Court; April term
1934; Asst. & Battery,Possessing liquor; $35.00 or 4 months & 12 months concurrent; Report to the
probation Officer twice a month in person; Commuted September 19, 1934.
LEE HUGHES: Atlanta Criminal Court; Sept. term 1934; Possessing liquor; 12 months'; Applicant is a youth; Commuted September 22, 1934.
FELTON HARRIS: Atlanta Criminal Court;Feb. term 1934; Possessing liquor; 6 months and $25.00; Statment of Probation Officer shows that prisoner has three small children and a wife dependent upon him

210

JouRNAL oF THE HousE,

for support, and has job waiting for him; Conunuted May 29, 1934.
MRS. ADDIE(Cil..RL)HONEA: Atlanta Criminal Court; Jan. te~~ 1934; Driving auto while intoxicated; 12 months and 6 months; Reco~~ended that the prisoner be probated on account of the serious illness of her children; and upon statement of the Probation Officer of Fulton County; Commuted May 28, 1934.
J.R. HAILEY: Atlanta, Ga. Criminal Court;March term 1934; Possessing intoxicating liquor; 6 months or $50.00; Family in destitute circumstances; Reco~ mended by Probation Officer of Fulton County; Commuted June 7, 1934. Not recommended by Prison Commission.
JESSIE HATTON: Atlanta Criminal Court; Feb.term 1934; Possessing liquor; 4 and 8 months; Good prison record; Commuted August 13, 1934.
KATY HARDY: Atlanta Criminal Court; May term 1934; Possessing liquor(2 Cases); 4 months and 8 months; Recommended by Judge and Solicitor General and Probation officer; Commuted August 16, 1934.
MARVIN HEST: Chattooga Co. Superior Court; June tenn 1934; Possessing liquor; 3 months; Served all but about 10 days of sentence, made good prison record; Recommended by the Warden, and has a very sick child; Commuted August 21, 1934.
PERCY HUGHES: Atlanta Criminal Court; Feb. term 1934;Pointing pistol,concealed weapon;4 and 6 months;It is ordered that applicant serve the remainder of his sentence under the supervision of the Chief Probation Officer of Fulton County; September 19,1934, whencommuted.
LEOLA JONES, alias BROOKS: Atlanta, Ga. Criminal Court; Jan. term 1934; Possessing liquor; 6 months; The prisoner has served practically all of her time; Commuted May 29, 1934.

TUESDAY, jANUARY 22, 1935.

211

FLETCHER JACKSON: Atlanta Criminal Court; Jtme term 1934; Gaming; 6 months; Recommended by Chief Probation Officer of Fulton County; Commuted Sept. 14, 1934.
CARL KIKER: Pickens Cotmty Superior Court; March term 1934; Misdemeanor; 12 months; Good prison record and recommended by the Sheriff or Pickens, Clerk or Court and Ordinary, who request that on account of the illness or applicant's rather the regular 36 days notice be waived; Commuted July 17, 1934.
FRANK KELSEY: Dodge County City Court; August term 1934; Vagrancy; 6 months; Clemency is recommended by the Sheriff, Judge or City Court and Solicitor; Commuted September 17, 1934.
El"IORY LONG: Fulton Cotmty Superior Court; May term 1934; IIisdemeanor; $30.00 or 6 months; Recommended by Judge Verlyn B. Moore; Commuted October 11, 1934.
JOHN MOORE; alias JACK CARTER: Fulton CoUnty Superior Court; July term 1934; Larceny or auto; 12 months; Youth of applicant; Commuted October 11, 1934.
CLARENCE .MEEKS:- Atlanta Criminal Court; March term 1924; Misdemeanor; 6 and 4 months; Commuted September 29, 1934.
CHARLIE MOORE: Atlanta Criminal Court; September term 1933; Simple larceny, 6 months, 12 months, 12 months; Recommended by Fulton County Probation Officer; Commuted October 10, 1934.
ALBERT MCCLAIN: _Atlanta Criminal Court; October term 1934; Misdemeanor; 3 mos. Recommended by Solicitor, Chief Probation Officer and others; Commuted October 5, 1934.
PAUL MCBRAYER: Atlanta Criminal Court; April term 1934,; Vagrancy; 12 mos.; Recommended by Fulton

212

JouRNAL or THE HousE,

County Chief Probation Officer; Commuted September 19, 1934.
BEN MOSS: Atlanta, Ga. Criminal Court; July term 1934; Hoboing; 1 month; This boy is only about 17 years of age and recommended by the Judge; Commuted July 16, 1934. Not recommended by Prison Commission.
JAMES MCNEAL: Atlanta, Ga. Criminal Cqurt; May term 1934; Assault and battery; 3 months; Good prison record and less than one month lett to serve and the usual 30 days notice is waived; Commuted July 28, 1934.
M.P.(PRICE) 1'1ELTON: Atlanta Criminal Court; May term 1934; Simple larceny; 12 months; Recommended by Fulton County Probation Officer and on account of youth of this boy; Commuted August 9, 1934. Not recommended by Prison Commission.
CHARLES 1'1ARTIN: Spalding County City Court; May term 1934; Hoboing; 4 months; Recommended by the Judge and Solicitor of the City Court of Griffin 30 days notice has been waived; Commuted August 22, 1934.
ARCHIE MILLER: Stephens Co. Superior Court; Misdemeanor; January term 1934; 12 months; Recommended by Judge B.P. Gailliard, Jr. Judge of the Superior Court; Commuted September 17, 1934.
ANDERSON 1'1ARSH: Effingham County Superior Court;
Dec. term 1933; Assault & Battery; $100.00 or 12
months; Youth of prisoner, time already served; Commuted September 20, 1934.
HO~~R ELLISON: Atlanta Criminal Court; April
term 1934; Concealed weapons & drunk; 12 & 3
months; Recommended by the Chief Probation Officer of Fulton County and due to the illness of one of his children;Commuted September 19,1934.
VERNIE PLUMLEY: Atlanta, Ga. Crim.inal Court;

TUESDAY, lANliARY 22, 1935.

213

May term 1934; Simple larceny; 3 months; Recommended by the Probation Officer and his statement as to the extreme youth of the defendant and the small a~otmt involved, viz: one gallon of gasoline valued at 20; Commuted May 29, 1934.
ANDRLW PURDY: Atlanta, Ga. Criminal Court; July term 1934; Hoboing; 1 month; This boy is only 18 years of age and never been in any trouble before; Commuted July 16, 1934; Not recoiTmended by Prison Commission.
W.H. PHILLIPS: Atlanta Criminal Court; June term 1934; Operating auto while intoxicated; 12 months; H.ecommended by Judge Jesse h. Wood, Criminal Court of Atlanta and Probation Officer of Fulton County; Commuted July 28, 1934.
F.A. RITCHIE: Atlanta Criminal Court; July term
1th9e34S; oSliimciptloer.LaHrcoenn. yJ;oh6nmso.ntMhsc;CRleelcloamndn;enCdeodmmbuyted
Oct. 10, 1934. GEORGJ:; RICH/I.RDSON, Col: Fulton County Superior
Court; April term 1934; Hisdemeanor; 12 months; Recom111ended by the Solicitor General,Deputy Warden Fulton County; And applicant has wife and several children in need of his support; Commuted October 25, 1934.
LII-JV.!OOD ROSS: Atlanta Criminal Court; June term 1934; Simple larceny; 4 months; l"lother is dependent on applicant; Connnuted September 19, 1934.
E.S. SPEJIR: Atl2.nta Criminal Court; May term 1934; Operating auto while under influence of intoxicating liquor; 4 months and 8 months on probation; The trial Judge who not only recommends but requests waiver of 30 days notice; and reco:r.rrnended by a number of citizens and dependent condition of mother; Commuted June 18, 1934; Not recomnended by Prison Comrr,ission.
IRVIN SE~JELL: Carrollton City Court; Janu8ry

214

JouRNAL oF THE HousE,

term 1934; Assault & battery; 12 months; Recommend-
ed by the prosecutor and the prisuner s farnily is in destitute circumstances and that he can help relieve them; Commuted June 8, 1934; Not recon~end ed by Prison Conrnission.

LEWIS SCOTT: Atlanta Criminal Court; June term 1934; Carrying concealed weapon; $50.00 or 6 months; Reconnnended by the County Probation Officer and by Mr. J. D. Bazemore,Deputy Sheriff of Fulton County; Commuted August 7, 1934.

J.R. SMITH: Atlanta Criminal Court; June term 1934; Carrying concealed weapons; $50.00 or 6 months; Recommended by the Fulton County Probation Officer; Commuted August 6, 1934.

J.A. STEWART: Atlanta Criminal Court; September term 1934; Possessing liquor; $50.00 and 6 months; Applicant is nearly blind and has a dependent family and he is unable to pay the fine; Conunuted September 19, 1934.

FRANK STOKES: Atlanta Criminal Court; July term 1934;Vagrancy,possessing liquor;3 mos.and 3 mos; statement froffi the county physician shows that prisoner is suffering from pulmonary tuberculosis; Commuted SepteJ:.ber 20, 1934.

LEWIS SllitW: Polk County Superior Court; Feb.

term 1934; Drunk on Highwa.y; 12 months; Recommend-

se.dwb. yRJaugdsgdealeJ.

R. and

Hutcheson and on account of

Solicitor-General, his good prison

record; Commuted Oct. 8, 1934.

F.L. Silvey: Atlanta Criminal Court; June term 1934; Operating auto drtillk & Misd; 4 and 2 months; Recommended by Fulton County Probation Officer; Commuted October 5, 1934.

H.H THARPE: Americus City Court; July term 1934; Misdemeanor; 7 months or $200.00 and 30 days in jail;_ Prisoner has served approximately 3 months at the State Prison Farm, and clemency is recommend-

TUESDAY, jANUARY 22, 1935.

215

ed by Trial Judge on payment of the $200.00 fine; Commuted October 22, 1934.
WI-1. THRISK: Richmond County Superior Court; Jan. term 1934; Larceny auto; 12 months; Good prison record; Commuted October 12, 1934.
EDWARD THA11ES: Newnan, Ga. City Court; March term 1934; Larceny from House; Recommended by the Solicitor of the City Court and many citizens of Coweta County, and the condition of his wife, who is the mother of a two months old baby; Commuted September 29, 1934.
JJ~~s THOMAS: Atlanta Criminal Court; Dec. term 1933; Possessing liquor; $50.00 or 4 months and 8 months; Commuted September 14, 1934.
DUFu\ND TUCKER: Atlanta Criminal Court; April term
1934; Misdemeanor; 4 & 3 months; Commuted August
22, 1934. WILBY TUFU~R: Clayton County Superior Court;
April term 1934; l'Iisdemeanor; 12 months; Recormnended by the Prosecutor, I am today issuing Probation for Turner. Due to the emergency that exists the Frison Commission hc:..s waived the 30 day notice; Commuted August 3, 1934.
ELVJOOD ULCH: Atlanta Criminal Court; Feb. term 1934; Attempted burglary; 12 months; The prisoner has an aged mother who does not know of his trouble; It is ordered that applicant serve the remainder of his sentence under probation provided transportation is furnished him to return to Detroit,Michigan; Commuted September 19, 1934.
GEO VINCENT: Fulton County Superior Court; May term 1934; Larceny auto; 12 months; Recommended by Bulton County Probation Officer; Commuted Oct. 10, 1934.
JII".ll"IIE Lt.;:L: ~JILKERBON, alias HARRY HOLCOMB: Fulton County Superior Court; July terrr. 1934; Durglary;

216

JouRNAL oF THE HousE,

12 months; Applicant a youth; Commuted October 11, 1934.
JNO. w. WHITE: Decatur, Ga. City Court; January
Term 1934; Misdemeanor-drunk; 12 months; Recommended by the Solicitor City Court of Decatur, Hon. D. P. Phillips; Corrunuted Octo_ber 10, 1934.

V.W.D. WARD: Atlanta Criminal Court; June term 1933; Cheating & Swindling; 12 and 6 months; Most of this sentence has been served; Commuted September 19, 1934.

LEWIS WATSON: Atlanta Criminal Court; June term 1934; Simple Larceny; 3 months;The Prisoner is in bad physical condition; Corrmuted September 19,1934.

WILL WILLIAMS: Atlanta Criminal Court; Jan. term

b19y3t4h;el'SIiosdliecmiteoanr oJro-hPnistso.l;M1c2Cmleollnatnhds;

Recorrunended and the priso

n-

er has served the major portion of his sentence

under probation; Commuted August 24, 1934.

LEX WEAVER: Polk County City Court; June term 1934; Abandonment; 12 months; This man has a job offered him which will enable him to take care of his wife and children; Applicant is to pay his wife and children a sum already agreed upon each month-Judge F.A. Irwin,Judge of City Court of Cedartown, act as his probationer; Commuted August 22, 1934.

JESSE WHITE: Atlanta Criminal Court; November term 1933; Possessing liquor; 12 months; Recommended by the Fulton County Probation Officer; Commuted August 6, 1934. Not recommended by Prison CommissiJn.

~~IE MAE WILLIS: Atlanta, Ga. Criminal Court; May term 1934; Violating the Prohibition law; 9 months or $75.00; Recommended by the probation officer of Bibb County; Commuted May 29, 1934.

HUGH WILLIAMS: Atlanta, Ga. Criminal Court;

TUESDAY, jANUARY 22, 1935.

217

March term 1934; Operating a.uto while intoxicated and intoxicated in private residence; 12 months and 4 months; Recorr~ended by Probation Officer of Fulton County and on account of the destitute condition of the four minor children and wife of the prisoner~ May 23, 1934; (Judge Wood's Recommendation date;J Commuted t1ay 28, 1934.

NEWT ALRL:D: . Polk County Superior Court; July terrr, 1934; Drunkenness; 12 months; Recommended by clupt R.H Lawrence, \tJarden W.W. Beard and several citizens; Judge, F.A. Irvin; Commuted November 14, 1934 .

\JILL J.\NTHONY: Floyd County Superior Court; July terrr. 1934; Stec.ling hay; 12 months and 6 months in jn.il; Corr~uted November 15, 1934.

FRJ.NK ALMOND: Rockdale County buperior Court;

eOdctboybeJrudtegremJ1a9s3. 4c; .f''Dlisadveims eaanndort;

8 he

months; Recommendmajority of the

jurors; Fan1ily is dependent on him for support;

commt1ted December 20, 1934.

FRAJlli: BROOKS: Horgan County Superior Court;Sept. term 1934; Possessing liquor; 12 months less good behavior; Serve the remainder of his sentence under probation on payment of $75.00 to cover costs of court; Commuted Nov. 8, 1934.

GRADY BOLTON: DeKalb Co. City Court; December term 1933; 2 misdeme~nor sentences (one of them served in jail); 12 months and 12 months. Commuted November 15, 1934.

CLf~ BOOZER: Criminal Court of Atlanta; November term 1934; Possessing liquor; $40.00 and
$35 .oo & 6 mos. & 6 mos. Recormnended by Hon. Jno.
0. McClelland, Solicitor, and the fact that the fines have been paid; Co~~uted Nov. 17, 1934.

Bl.R.'l'OW BOYD: Worth County Superior Court; August term 1934; l'J.isdemeanor; 6 months; Reconnnended by Hon~ Clifford Urubbs, Probation Officer of Worth

218

JouRNAL oF THE HousE,

County; Applicant has tuberculosis; Commuted November 21, 1934.

J.D. BANISTER: Floyd Co. Superior Court; January term 1934; having pistol and assault & b2ttery; Misdemeanor, drunk; 8 months & 8 months; and B months; Recommended by Solicitor General, Jas. F. Kelly and the prosecutor; Commuted November 21, 1934.

R.W. BRADLEY: City Court of Polk County; June terra 1934; Attempt to steal auto; 12 months; Recmmnended by the Solicitor; Commuted November 26, 1934.

FRA.l""'JK BONDS: City Court of Jonesboro; Aug. term 1934; Having liquor; 9"months; Recommended by Solicitor City Court, and Sheriff of Clayton County. Commutation granted November 30, 1934.

W.T. BREWSTER: Criminal Court of Atlanta; Sept. term 1934; Driving while drunk; 12 months; Recom. mended by Dr. R.w. l"IcGee, County Physician, J.M. McElroy, Asst. Chf. Probation Officer. Commuted Dec. 12, 1934.

J.F. BUSBY: Criminal Court of term 1934; intoxicated in public

Apltalcaen;ta1~25G.a0.0,Doerc.

3 months; Recommended by Hon. G. Allen Maddox,

Chief Probation Officer-and in view of the death of

his mother-in-law, it is ordered that he serve

under probation; Commuted Dec. 17, 1934.

WILL CHAPMP~J: Criminal Court of Atlanta; Dec. term 1933; Carrying concealed weapons; 12 months; Reco:m:.11ended Hon. G. Allen Iiaddox, and Johns. McClelland, Solicitor; Commuted November 23, 1934.

LEW CEEHS: Ware Co. Superior Court; July term 1934; l'li sdemeanor; 6 mos. Good prison record and reconmended by the Bupt. and Harden; Commuted December 4, 1934.

DAN CAlvP: .B'ulton County Superior Court; May term

TUESDAY, JANUARY 22, 1935.

219

1934; Larceny of auto 12 months; Hecomrnended by Hon. G. Allen I"Iaddox, Chief Probation Officer; and others; Commuted December 12, 1934.

HENEY CUREY: (Col)i City Court of Decatur; Nov. term 1934; Lottery; ;p1oo.oo or 3 months. Good behavior and bad physical condition of prisoner; Cm:mmted December 21, 1934.

:MINNIE COLEIIA..N: City Court of Newnan; Oct. term 1934; Hisdemeanor; 6 mos. Eecommended by Solicitor Stanford iunold and Chas. H. Arnall, Clerk County Cormnissioners; Conrrnuted December 22, 1934.

JOHN DAHSON: City Court of Polk County; Iiay term

w19. 3w4;.

Assault & Battery; 12 months; H.ecomJ11ended Beard, Harden; Commuted December 3, 1934.

by

\:JILLIPJI DA1'HI.;L: Criminal Court of Atlanta; April

term, 1934; Recornnended

IvJisdemeanor; by Solicitor

$Jo5h0n.oos.

and 12 months; :McClelland and

Hon. G. Allen :Maddox, Chief Probation Officer;

Cmnmuted December 7, 1934.

JEFF EVANS: Harris Co. Superior Court; July term 1934; Violating prohibition law; 12 mos. Prisoner has served approximately one half of sentence and due to age of prisoner and condition of family; Co~~uted Jan. 2, 1935.

W.E. FISHER & W.I'1. G1NI'RY: Fulton Superior Court of Atlanta; Sept. term 1934; larceny of auto; 6 mos; Recommended by the Solicitor General; Commuted Nov. 6, 1934.

CHARLIE FOX: Greene Co. Superior Court; July term 1934; Possessing Liquor; 2 sentences; 12 mos. each, 24 mos. less good behavior; In view of time served, it is ordered that applicant be allowed to serve the remainder of his sentence under probation on payment of $100 the costs of court; Commuted
Hovember a, 1934.

JESSE GODBY: Fulton Co. Superior Court, July term

220

JouRNAL OF THE HousE,

1934; Larceny from house; 12 mos; Recommended by Judge E. E. Pomeroy, Chief Probation Officer, G. Allen Maddox; Commuted November 26, 1934.
ROBERT GIBSON: Cobb County Supericr Court; May term 1934; Misdemeanor; 12 mos. Good prison record, youth of applicant, Recommended by the Supt. and Warden; Commuted Dec. 4, 1934.
WILL HARDY: Criminal Court of Atlanta; August term 1934; attempted larceny; $50.00 or 6 months; Recommended by the Solicitor of City Court and Judge Luther Rosser and the Fulton Co. Probation Officer, G.A. Maddox. Commuted November 14,1934.
J. ALBERT HUNTER: Fulton Co. Superior Court; May tenn 1934; Assault to murder(misdemeanor); 12 mos. Recommended by the Foreman of the Jury; Commuted November 15, 1934.
ADDIS HARGETT~ Muscogee Co. Superior Court; Feb. term 1934; Misdemeanor; 12 months; Recommended by the Warden and Supt; Commuted December 4, 1934.
WILL HICKS, ANDREW MARTIN & WILL IRWIN: Fulton Co. Superior Court; July term 1934; Larceny of auto; 12 mos. Recommended by Hon. G. Allen Maddox, Chief Probation Officer; Co~~ted December 7, 1934.
LEONARD HENDERSON: F'ulton Co. Superior Court; May term 1934; Larceny of auto; 12 mos. In view of time served; Commuted Dec. 18, 1934.
W.T. HARDY: Pike Co. Superior Court; Feb. term 1934,misdemeanor; 6,6 and 6 mos. Recommended by Warden and Supt.of the State Farm; Commuted Jan. 2, 1935.
GROVER IVIE: Dodge Co. Superior Court; August tenn 1934; Misdemeanor; 6 mos. Clemency recommended by Supt. and Warden; Commuted Dec. 4, 1934.
GJ'.R.RETT JENKINS: Douglas Co. Superior Court; Apr. term, 1934; Misdemeanor-burglary; 12 mos. In

TUESDAY, JANUARY 22, 1935.

221

view of the fact that applicant was only 17 years of age at tDne of conviction; Commuted November 14, 1934.
J.L.B. JOHNSON: Colquitt County Superior Court; February term 1934; misdemeanor; 12 mos. good record; recommended by the Supt. and Warden; commuted ~ecember 4, 1934.
BUS JONES: Hart County Superior Court: March term 1934; Misdemeanor; 12 months; good record; recommended by Supt. and Warden, commuted December 4, 1934.
ROBERT JONES: Muscogee County Superior Court;
MedaybyterJmudg1e93c4.;Fs.imMpclLeaulagrhclienn, yW; a1r2demn;onctohms;muretecdommend-
December 8, I934.
FRANK LOVETT: Wheeler County Superior Court; April term 1934; misdemeanor; 12 months good record; recommended by Supt. and Warden; commuted December 4, 1934.
J.D. alias T.D. LEE: Criminal Court of Atlanta; September term 1934; cheating and swindling,bad checks; $25.00 and 3 months in each case; recommended by Chief Probation Officer; Solicitor Criminal Court; commuted December 12, 1934.
LIZZIE LINGERFELT: City Court of Hall County; May term 1934; vagrancy; 12 months; clemency recommended by trial Judge; commuted December 12, 1934.
BILLIE MCDONALD: Criminal Court Atlanta; September term 1934; assaUlt and battery; 12 mos; recommended by Judge J.M. Wood; Solicitor; and Chief Probation Officer; commuted November 15, 1934.
BONNIE MCBRIDE: City Court of Valdosta; March term; 1934; misdemeanor; 12 mos. recommended by Warden, Judge R.G. Dickerson; destitute condition of applicantts family; commuted November 21, 1934.

222

JouRNAL oF THE HousE,

CLARA MAYBERRY: Paulding County Superior Court; November term 1934; misdemeanor; 12 months or costs; recommended by Judge J.R. Hutcheson; commuted November 27, 1934.
ODIS MURPHY: Thomas County Superior Court; J:<,eb . term 1934; misdemeanors; 12 months; good record; recommended by Warden and Suptt. Warden; commuted December 4, 1934.
LUTHER MORRIS: Fulton County Superior Court; September term 1934; possessing apparatus, manufacturing and stilling whiskey; 12 months and 8 months; recommended by Judge G.H. Howard,Solicitor J.H. Hudson;Ass't. Chief Probation officer; destitute condition family; Commuted December 8, 1934.
J.C. NITCHELL: Criminal Court Atlanta; October term 1934; possessing intoxicating liquor; $100 and 12 months; recommended by Chief Probation officer; Solicitor Criminal Court; poor physical condition; commuted December 12, 1934.
ISAAC 1-lARTIN: Criminal Court of Atlanta; November term 1934; misdemeanor;$50.00 or 4 months and $25.00 or 3 months; recommended by Judge Wood; Solicitor; and Dr. J.H. Madison, Atlanta; poor physical condition; commuted December 14, 1934.
ARTHUR NIXON: City Court of Carrollton,Georgia; November term 1933~ misdemeanor, possessing liquor (defacing building) 8,7,12 months; recommended by Judge Reese; Ordinary; commuted December 21, 1934.
L~E OLIVER: Tattnall County Superior Court; May term 1934; burglary; lZmonths; recommended by trial Judge; commuted December 4, 1934.
BILL POSS: Fulton County Superior Court; June term 1934; robbery; 12 months; recommended by Hon. G. Allen Maddox, Chief Probation Officer; Judge John D. Humphries; and others; commuted November 26, 1934.

TuESDAY, JANUARY 22, 1935.

223

JAMES POOLE: Criminal Court of Atlanta; May term, 1934; lottery $150.00 and 12 months; recommended by trial Judge and Solicitor; commuted November 28, 1934.

E.C.PAYNE: Murray County Superior Court; April term 1934; misdemeanor; 12 months; good record; recommended by Warden and Suprt; commuted December 4, 1934.

THOMAS PERRY: Fulton County Superior Court; August term 1934; receiving stolen goods; 12 month~ Judge J.D. Humphries; Asstt. Solicitor General; Chief Probation Officer; commuted December 12, 1934.

TOM PRITCHETT: Fulton County Superior Court; November term 1934; larceny from house 4 months; recommended by Judge G.H. Howard, Chie} Probation Officer; commuted December 20, 1934.

BOB RICHARDS: Criminal Court Atlanta; September term 1934; misdemeanor;6 months;recommended by trial Judge, Solicitor,Ass't. Chief Probation Officer, commuted November 14, 1934.

MRS BERTHA REE:D: Richmond County City Court;

May term by Judge

1G9o3rd4o; nmwis.deCmhaemanboerr;s

1an2dmDonr.thos;.cr.ecWomoomdsended

states he feels applicant is entirely cured of dope

habit; commuted December 3, 1934.

FELIX RAY: Floyd County i:iuperior Court; June term 1934; misdemeanor; 8 months; good record; recommended by Suptt. and Warden; commuted December 4, 1934.

DEWEY ROPER: Criminal Court Atlanta; October

term 1934; misdemeanor; having liquor and drunken-

ness; Judge

3 months and 3 Solicitor John

ms.onMthcsC; lerellcaonmdm; ecnodmedmubtyedtrial

December 20, 1934.

VIRGIL & CLIFFORD SIMPSON: City Court of Macon; September term 1934; riding train; 4 months each,

224

JouRNAL oF THE HousE,

or $40.00 fine; recorr~ended by Probation Officer Bibb County; commuted November 16, 1934.
BLANE STINCHO~ffi: Fulton County Superior Courtj October term 1934; assault with intent to murder; 10 months; recomrnended by Judge G.H. Howard,Chief Probation Officer; commuted November 17, 1934.
JJI.l1ES SARGENT: Cobb County Superior Court; May term 1934; misdemeanor; 12 months; Good record; youth of applicant; recommended by Suptt. and Warden; commuted December 4, 1934.
CURTIS SUDDUTH: Fulton County Superior Court; July term, 1934, larceny from house; 12 months; commuted December 7, 1934.
ETHEL MAE SI'liTH: Criminal Court Atlanta; September term 1934; possessing liquor; 6 months; recommended by Judge Wood; Solicitor; Chief Probation Officer; commuted December 14, 1934.
CLYDE SMITH: Criminal Court Atlanta; December term 1934; possessing liquor; 6 months; recommended by ~T sse M. Hood; commuted January 4, 1934.
EDWARD NATHAN TAR.K: Criminal Court of Atlanta; May term 1934; larceny auto; 12 months; recommended Judge Virlyn B. Moore; Chief Probation Officer; commuted December 12, 1934.
LUKE TURNER: Bibb County Superior Gourt; February term 1934; violating prohibition law; 12 months;good record;recommended by Warden;commuted January 2, 1935.
J.M. WEST: Fulton County Superior Court; September term 1934; misdemeanor; $50.00 or 6 months; recommended by Hon. J.D. Humphries; commuted November 5, 1934.
DALLAS WARREN: Chattooga County Superior Court; June term 1934; possessing liquor; 8 months; recam-

TUESDAY, jANUARY 22, 1935.

225

mended by trial Judge; Clerk of Superior Court; Ordinary; Sheriff and others; destitute condition of family; commuted November 17, 1934.
CLARENCE WILKES: Chattooga County Superior Cour~ September term 1934; larceny of auto tire; 8 month~ less 16 days good time; recommended by Solicitor General on payment of fine of $200.00,including costs of court; commuted November 21, 1934.
FRED WILLIAMS: Criminal Court of Atlanta; December term 1933; cheating and swindling(3 counts); 4 months and 4 months recommended by Judge Wood, Hon. G.A. Maddox and Solicitor; applicant very old and unable to work. Commuted November 23, 1934.
IRA WILLIAMS: City Court of Eastman, May term 1934; drunke~~ess; 12 months recommended by Judge O.J. Franklin,Clerk of Superior Court; Solicitor City Court; commuted December 4, 1934.
DAVE WATERS: Putman County Superior Court; March term 1934; misdemeanor; 12 months; good record; recommended by the Suptt and Warden; commuted December 4, 1934.
MARSHALL WORLES: Colquitt County Superior Court; February term; 1934; misdemeanor; 12 months; good prison record; recommended by Supt. and Warden; commuted December 4, 1934.
P.J. WHITE: Fulton County Superior Court; August term 1934; larceny of .notorcycle; 6 months; recommended by Judge G.H. Bowara; 0olicitor; Asstt Chief Probation officer; commuted December 8,1934.
NEELY THOMAS: Millen, Georgia City Court; August term 1934; carrying pistol; 6 months; recommended by trial Judge; commuted January 11, 1935.
J.J. KENNEY: Atlanta Criminal Court; December term 1934; simple larceny; $50.00 or 6 months; family in destitute circumstances; commuted January
ll, 1935.

226

JouRNAL OF THE HousE,

NELLIE RAYBURN: Floyd County City Court; September term 1934; vagrancy; 12 months; by recon~ended trial Judge; commuted January 11, 1935.
ERNEST ~f8R: Decatur Georgia City Court;September term 1934; having liquor; $700.00 & 10
months, 6 & 6 months; recommended by Judge City
Court; and Solicitor; destitute condition of familT, commuted January 9, 1935.
FRANK SCO'l'T: Fulton County Superior Court; July term 1934; cow stealing; 12 months; recommended by Chief Probation Officer; poor physical condition; commuted January 11, 1935.
WALTER SCOTT: Hall County Superior Court; . October term 1934; possessing liquor; $100.00 fine or 12 months; recommended by trial Judge; commuted December 12, 1934.
MARK SWEATMAN: Atlanta Criminal Court; October term 1934; drunk on highway; 12 months; recommended by Solicitor and Judge and Hon. G. Allen Maddox; commuted January 9, 1935.
GEORGE MOORE: Atlanta Criminal Court; September term 1934; drunk on highway,concealed weapon; 2 months; 8 months; recommended by Judge and Solicitor; commuted January 9, 1933.
MACK HUTCHENS: Floyd County Superior Court; April term 1934; misdemeanor; 12 months; recommended by Solicitor General; critical physical condition commuted January 9, 1935.
C.H. GOULD: alias HARBORN: Fulton County Superior Court; September term 1933; larceny from auto, larceny of auto; 12 months and 12 months; recomme~ded by Judge and Probation Officer; commuted January 10, 1935.
LIMAL DALLIS: Atlanta Criminal Court; October term 1934; Assault and battery on his wife; 6 months; recommended by Judge T.O. Hathcock, and

TuESDAY, JANUARY 22, 1935.

227

Solicitor; commuted January 10, 1935. G.M. BOWLES: Atlanta Criminal Court; September
term 1934; wife beating; 12 months; Recommended by Judge, Solicitor, and Hon. G. Allen Maddox; commuted January 9, 1935.
CLARENCE BEARDEN: Coweta County Superior Court; September term 1934; misdemeanor; 9 months; 3 to 6 months; recommended by Solicitor General; County Police, and several other prominent citizens; commuted November 14, 1934.
ANDREW THACKER: Paulding County Superior Court, March term 1934; misdemeanor; 12 months; recommended by Supt. and Warden; commuted December 4,1934.
LUKE TURNER: Bibb County Superior Court; February term 1934; misdemeanor; 12 months; recommended by Suprt. and War~en; commuted December 4, 1934.
SAM HAYES: Fulton County Superior Court; July term 1934; larceny from house 12 months and 6 mqnths in jail; recommended by Judge and Chief Probation officer; commuted December 7, 1934.
PROBATIONS ALL PROBATIONS RECOMMENDED BY PRISON COMMISSION
EXCEPT WHERE STATED. El~ CROMARTIE: Jeff Davis County Superior Court; August term 1932; larceny after Trust; 12 months; Good prison record, having served since August 11, 1932; Commuted January 31, 1933. E.o. CRUTCHFIELD: Jasper County Superior Court; August term 1932; Misdemeanors; 2 months each in 4 cases; Since the prisoner has a good prison record and has the recommendation of trial Judge; county officials and Warden under whom he served, and further reason that he 1s a farmer and needs to make a crop for the support of his family this year; Commuted Feb. 11, 1933.

228

JouRNAL OF THE HousE,

CICERO DAVENPORT: LaGrange, Ga.Troup Co.,City courti September term 1932; Violating prohibition law; ~75.00 or 12 months; Good prison record, recommended by trial Judge and Solicitor; Commuted February 7, 1933.
JOHN L. GILL: Chatham County Superior Court; December term 1932; Invol-manslaughter; $1,000.00 or 6 months; Recommended by the trial Judge,several citizens and officials; Commuted February 1, 1933.
PAUL HAMMOCK: Greenville, Ga. City Court; Larceny of auto; July term 1932; 12 months; Poor health; Clemency recommended by the trial Judge and prosecutor; Commuted January 31, 1933.
PAUL JONES: Atlanta Criminal Court; September term 1932; Possessing liquor; 12 months; Good prison record. Poor phYsical condition,partially paralized, unless operated on will never be able to perform any physical labor; Commuted January 25, 1933.
FRED and EDGAR PRUITT: Grady County City Court; September tenn 1932; Having liquor; 8 months; . Clemency is recmnmended by Solicitor,Sheriff and Clerk of the City Court of Cairo. Trial Judge is dead; Commuted Feb. 24, 1933.
FLETCHER COOPER, J .C. DEAN and LONNIE WALKER: Laurens County Superior Court; Octobe~ term 1932; Burgla.ry; 12 months; Recommended by the trial Judge, Warden, and a number of citizens; Commuted April 6, 1933.
JIM JONEg: Lee County Superior Court; November term 1932 Burglary; 12 months or 6 months & $150.00; Recommended by the Warden,Prosecutor, County officials trial Jurors and others; Comnuted April 6, 1933.
WALT DEATON: Floyd County City Court; October term 1932; Drunkenness; 12 months; Clemency is

TUESDAY, JANL'ARY 22, 1935.

229

recommended by the Judge and others, and his family is in needy circwnstances; Commuted April 6, 1933.
CARTER BROWN: Stewart County Superior Court; October term 1932; Simple Larceny; 8 months; Good prison record and in last stages of tuberculosis, according to a state~ent of the county physician; Commuted April 6, 1933.
WILL alias BILL SAYN~: Atlanta Criminal Court; March term 1931; Possessing liquor; 12 months; Clemency is recommended by a large number of citizens who know him and state that he is not physically able to perform hard labor; Commuted April 6, 1933.
ROY MILLER: Carroll County Superior Court; October term 1932; Burglary; 12 mos; Recommended by Sheriff and other county officials and the Warden, physicians state that applicant is not strong mentally or physically, and the Judge states that he has no objection to clemency being extended; Crnnmuted April 3, 1933.
J.A.(JACK) FOUNTAIN: Crisp County Superior Cour~ July term 1932; Having liquor; 12 months or $25.00 fine; Clemency recormnended by Chairman,County Commissioners who states applicant has a wife and child on charity; Commuted March 30, 1933.
JOHN WALDEN: Lumpkin County Superior Court; December Special Term 1931; Si~ple Larce1zy; 12 mos. Recor:rrnended by the Sheriff, Clerl<: Superior Court; Trial Judge and present Judge of the Northeastern Judicial Circuit; Comnnted March 30,1933.
C.A. TEAGUE: Floyd County Superior Court; October term 1932; Embezzlement; 12 months or 4 months and $250.00; .Kecor.unended by jurors, County officials, large number of citizens and Warden and guards; Family in destitute circumsta~ces; Co~~uted March 30, 1933.
JESSE WADE: Fulton County Superior Court; Jan.

230

JouRNAL or THE HousE,

term 1933; Misdemeanor-abandonment; 12 mos; Good prison record since Jan. 25, 1933,desires to get out and work in order that he l]lay be able to contribute to the support of his child, and on that condition only; Commuted Harch 24, 1933.
J.B. CANTRELL: Fulton County ouperior Court; Jan. term 1932; larceny of auto; 12 mos; Recommended by the trial Judge, Solicitor and others; Fan1ily in needy circumstances; Commuted I1arch 15, 1933.
HOPE BRAY: LaGrange, Ga. City Court; September term 1932; Violating prohibition law; 8 mos; Good prison record. Recommended by the trial Judge and Solicitor; Commuted March 14, 1933.
CHARLIE THOl'll)SON: Atlanta Criminal Court; Nov. term 1932; Possessing liquo~ 12 mos. or $1,000.00;
Recomn1ended by Deputy Sheriff R. c. NcCall, Jr. c.E. McCrane, Police Officer, and others; Commuted
April 27, 1933. FAl'..TNH.: FA.RLEY: Putnam County Superior Court;
Nov. term 1932; Larceny; $25.00 or 8 months; Recorrrrnended by prosecutor, acting Solicitor General, Solicitor General and trial Judge; Commuted April 28, 1933.
L.L. PURDY: Clarke County Superior Court; July term 1932; Misdemeanor; 12 mos; Good prison record practically all of his sentence and if released at once he has a position awaiting him; Commuted April 29, 1933.
TOM BRITT: Telfair County Superior Court; Feb. term 1932; Having and possessing liquor; 12 mos; Probation on payment of fine of $100.00; Recommended by the Solicitor-General and tria.l Judge; Commuted May 5, 1933.
ROBERT DAVIDSON: Atlanta Criminal Court; Jan. Term 1931; Bastardy; 12 mos. Suspended; Recommended by trial Jurors and others; Cormnuted May 19, 1933.

TUESDAY, jANUARY 22, 1935.

231

KEITH BRYSON: Jackson County Superior Court; Feb. term 1933; Attempted Burglary; 12 mos; Good prison record, not opposed by the trial Judge and Solicitor-General; Recommended by the prosecutor; Cormnuted l"18.y 24, 1933.
~.R. WHITE: Fulton County Superior Court; Jan. tenn 1931; Misdemeanor, Assault to murder; 12 mos. or $500.00 & 6 mos; Recommended by Hon. J.M. NcElroy, Asst. Chief Probation Officer, Hon. Leonard Crawford, Asst. Solicitor City Court of Atlanta, Chief of Police T.o. Sturdivant and others. Wife and children dependent on him for support; Co~~uted May 25, 1933.
J.W. PUCKETT: Atlanta City Court; Jan. te~ 1933; Possessing liquor; $100.00 and 8 months; Good prison record and poor physical condition and recormnended by the County Physician and deputy warden; Commuted May 27, 1933.
WILL alias BILL SAYNE: Atlanta Criminal Court; Harch term 1931; Possessing liquor; 12 mos. Clemency recormnended by a large number of citizens who know him and state that he is not physically able to perform hard labor; Corrrrnuted June 20, 1933.
GRft.DY WHORTON: Floyd County Superior Court; Jan. tenn 1932; I1isdemecnor; 12 months; Reconnnended by number of citizens and there is no opposition; Corr~uted June 27, 1933.
E.J. KELLEY: Telfair County Superior Court; Oct. term 1932; Forgery; 2 to 3 years; Good prison record, needy circumstances of family, Recommended by the Solicitor-General, Warden, County Commissioners and County Officials; Commuted Jw1e 27, 1933.
l'Il SS BELL HOLCOI-8 and l'1RS. J .E. JONES, alias J.E. DODSON: Hall County City Court; November term 1932; Larceny :t:rom the house; 12 months; Good prison record for more than half their sentences, and recormnended by the trial Judge; Com1ruted June 2, 1933.

232

JouRNAL or THE HousE,

RJW FOSTr.:R, EUGENE GIBSON, WI"I.HJ'..RRISON, W/1'. PJIJillA.l"I, WILL BROWN, CLHJ'l'ON PATTtRSON: Fannin, Gerrien & White Cos. Superior Court; Fall term 1930, Spring Term 1932; f'Iisdemeanors; (1) 12 & 12 I'lonths
(a) 54 months, (b) 12 & 12 Months; Good prison
records for a considerable part of sentence; Commuted June 7, 1933;
!I.RTIE WHEb;LER: Carrollton City Court; December term 1932; Larceny; 6 months; Probation of payment of a fine of $40.00; He has a dependent family, wife being an epileptic and his son is mentally defective; Con~uted June 8, 1933.
CLAUD ROBERSON: Floyd County City Court; I"larch term 1933; Possessing liquor; $25.00 or 8 months; Recommended by presiding Judge; Commuted June 28, 1933.
EDGAR JOHNSON: DeKalb County ~uperior Court; December term 1932; Sentenced 1 year: Larceny of automobile; Prison Commission recommends that the sentence be corr~uted to a misdemeanor, and that he be allowed to serve remainder of sentence on probation. He has served for more than six months with fair record and has been recommended by Judge Jno. B. Hutcheson whose letter is in the file; Commuted June 30, 1933.
VIRGIL REDWINE: Carrollton City Court; March term 1933; Violating Prohibition law; 12 months; Recorrnnended by the trial Judge, Warden and Co. Commissioner; Commuted July 3, 1933.
CLP~NCE CARROLL: DeKalb Co., Superior Court; December term 1932; Burglary, Larceny of auto; 1 year, 12 months suspended sentence; Prison Commission recommends that the sentence of 1 year be commuted to a misdemeanor and that he then be placed on probation; Recommended by the trial Judge, Solic.itor-Gen. Prosecutors, warden and others; Commuted July 5, 1933.
CHARLES OBLETON: Muscogee County Superior Court;

Tt:ESDAY, ]ANt:ARY 22, 1935.

233

October term 1932; Larceny from house; 12 months; Good prison record, and recommended by the prosecutor and trial Judge. Commuted July 7, 1933.
R.E. M!J\TIN: Greenville, Ga. City Court; l'1ay term 1933; Possessing whiskey; 12 months; Clemency is recomnended by the trial Judge, Solicitor City Court of Greenville, Chairman County Commissioners and others, he has a large family of small children badly in need of his support; CoL~uted July 8, 1933.
HAYHOOD ALVERSOl~: LaGrange City Court; December term 1932; Violating Prohibition law; $200.00 or 12 months; Good prison record, recommended by trial Jurors, Harden and others and not opposed by the trial Judge and Solicitor; Commuted July 10, 1933.
E.H. BURTON: Fulton County Superior Court; Hovember tenn 1B32; Burglary; 5 to 20 and 5 to 20 years concurrent; Prison Con~ission recommends that his sentence be commuted to a misdem.eanor and that he then be put on probation; Good prison record, poor physical condition, and by recoi!~ended tlle prosecutor; 'l'rial Judge; Comnmted July 14, 1933.
FRED HAL:K:BR: Halton County Superior Court; t>eptember ter:r1 1932; Car breaking; 12 months; Clemency is recorrunended in order that he may be relieved of the expense, under guard, of coming to Atlanta for a blood transfusion for his sister at the Grady Hospital; Comr.1uted July 15, 1933.
EsrrELL HILCOX: Hinesville City Court; .i"Iay term 1933; Larceny from house; 12 months; on account of extreme youth of defendant and apparent trivial offense; Cormnuted July 15, 1933.
BEIIJ~ON SLOi~.N,alias "BINl-C" SLOAN: Gwinett County Uuperior Court; March term 1933; Burglary,Simple larceny; 2 years-12 months; Prison Commission recornrnends commutation to a misdemeanor and that he then be placed on probation; According to Dr. l'Jyron B. Allen and Dr. A.D. Hilliarns County Physician, he is mentally irresponsible, artd an order has been

234

JouRNAL oF THE HousE,

issued by Judge w.w. St8rk suspending the misde-
meanor sentence; Commuted July 15, 1933. C.W. WEST, alias CHI\RLI1; Wt;ST: Atl:=mta City
Court; November term 1932; Vagrancy; 12 months; Good prison record,poor physical condition, and recommended by the deputy warden in charge of him; Cort":mted July 28, 1933.
WILLIE ECHOLS: Fulton County Superior Court; September term 1932; Larceny of Auto; 1 to 5 years; Good prison record for more than two-thirds of the m1n111um and clemency is reconnnended by the trial Judge. Prison Commission recommends that his sentence be COl!'rrtuted to a misdeme<mor and he then be placed on probation; Corr~uted July 28, 1933.
A.J. PADGE:'l'T: Wayne County Superior Court; January term 1933; Violating prohibition law; 10 months; Good prison record, youth of applicant and this is his first offense and not of a very serious nature; Commuted July 28, 1933.
GUS EWALD: Thomas County ~uperior Court; April Adj. term 1932; 12 months and 12 months; shooting at another and Assault & Battery; Good prison record, recommended by the prosecutors, Solicitor General Warde,County Physician and others; Commuted July 28, 1933.
JAI'JES LOCKLEAR: Floyd County Superior Court; October term 1932; Possessing whiskey; 12 months
or 4 mos. and $200 .oo; Recorrunended by Warden and
guards under whom he has served. Has a wife and small child dependent upon for support; Commuted July 28, 1933.
JACK HAND: Elberton City Court; February term 1933; Adultery; 12 months; Probation upon payment of a fine of $50.00 to include the costs of court;Clemency is recommended by county officials and others; Commuted August 3, 1933.
CALVIN STRONG: Coweta County Superior Court;

TUESDAY, jANUARY 22, 1935.

235

March tenn 1933; Larceny of auto; 12 months; Recommended by the W8rden, County Officials, Sol~citor General, and trial Judge; Commuted Au~ust 9, 1933.
ERNEST STRONG: Coweta Cmmty Superior Court; September tenn 1932; Assault to murder; 2 years; Prison Commission recommends that the sentence be commuted to a misdemeanor and he then be placed on probation. Reco1runended by the Sol. Gen. 1 Judge, warden and Cormty Officials; Commuted August 9,1933.
HOKE BA.-qLQW & JOHN TAYLOR: Dodge County Superior Court; July 1933 term; Simple larceny; 6 months; Good prison record and recommended by the SolicitorGeneral; Commuted August 9, 1933.
W.GORDON I1AYNARD.: Fulton County Super! or Court; September term 1932; Larceny after trust 1 year; Prison Commission reconrnends that his sentence be cormnuted to a misdemeanor and that he then be put on probation on payment of a fine of $50.00. Hecommended by Trial Judge; Commuted August 9,1933.
G.W. Dill\E: Troup County Superior Court; May term 1933; Forgery; 12 months; 1st. offense,good prison record, has a wife and small child dependent on him for support; Co~Tiuted August 9, 1933.
JOLL(J.D.) CORLEY: Richmond Com1ty Superior Court; l'lay tenn 1932; Burglary-:t-11sdemeanor; 5 sen- tences of 12 months each; Clemency is reconwended by the prosecutor, County Officials and a large number of responsible citizens and the SolicitorGeneral; Conwuted August 9, 1933.
RUBE CULLIFKR: Columbus, Ga. City Court; July term 1933; Violating prohibition law; 12 months; Good prison record, poor physical condition and clemency is recommended by a large number of reputable citizens; Co.rrmmted August 10, 1933. Prison commission recommends probation on payment of $50.00.
WILL GRESH/\11: Walton County Superior Court;!"Iarch

236

JouRNAL or THE HousE,

tenu 1933; Simple larceny; 6 months; Good prison record, poor physical condition and recommended by Chairman Cm.mty Com.rnissioners and County Physician; Commuted August 19, 1933.
PETE JONLS, alias SMI1'H: Atl8nta Criminal Court; July term 1933; 4 months in jail; Hisdemeanor-operating car while intoxicated; Good previous record, has a job awaiting him on release, and has served about half of his sentence with good record; Commuted August 19, 1933.
TOl1i1IE SJJ~DERS: Hancock County Buperi or Court; January term 1933; Violating prohibition law; 12 months; Good prison record, youth of applicant, and this is his first offense and not of a very serious nature; Cona;mted August 22, 1933.
w. E. SINJ'...R: Fulton County Superior Court;
March term 1933; larceny; 12 months; Good prison record and this is his first offense; Conmuted Aug. 22, 1933.
GROVER SIJVil"iONS: Habersham County Superior Court; March term 1933; I1isdemeanor; 12 months; Good prison record, youth of applicant, and this is his first offense; Commuted August 22, 1933.
ROBERT SII'1J10NS: Hancock County Superior Court; March term 1933; Cheating and swindling; 12 months; Good prison record and first offense; Commuted August 22, 1933.
HBR11AN ROGJ::RS : Hayne County Superior Court; June term 1933; Larceny; 6 months; Good prison record and first offense; Commuted August 22, l933.
GEORGE PARKER: Ware County Superior Court; lvlarch term 1933; Misdemeanor; 12 mos. Good prison record and this is his first offense; Co:nunuted August 22, 1933.
WILEY BOATWRIGHT: Wayne County Superiorcourt; April term 1933; Mfg. liquor; 12 months; Good

TGESDAY, .fA!'TARY 22, 1933.

2:37

prison record and this is his first offense; Commuted 1-~.ugust 22, 1933.
PERLEY COCHRJJJ: Bacon County ;:)uperior CGurt; Februe1.ry term 1933; l'li sdemeanor; 12 months; Uood priSO"'i record and this is his first offense; Commuted August 22, l933.
L.J. CECIL: Jeff Davis County ;:,superior Court; Janua.ry term 1933; Simple larceny; 10 montl1s; Commuted August 22, 1933; Good.prison record and first offense;
Ji\l'.IES OHI:.:us: l"Ionroe County Superior Court; Hay term 1933; Larceny; 1?~ mont:ts; First offense 2nd good prison record and yout11 of applicsnt; Com:-rluted I~ugust 22, 1933.
E.:::.:. HYHE: \Jare Cmmty Superior Court; J,pril term 1933; l'Iisdemeanor; 12 :nontl-ls; Ciood prison record and first offense; Coniir:uted .".ugust 22, 1933.
TITUS 1'H01'1.1~S: Cook County Superior Court; February tem. 1933; Assa,ult and battery; 12 months; Good prison record, youth of applicant, and this is his first offense; Comr.mted I~ugust 22, 1933.
CLIH'OHlJ YULI!;E: Bryan County .juperior Court; Feb. term 1933; Iiisdemeanor; 12 mos; Good prison record and first offense; Cor:mmted August 22, 1933.
JOHN STORY: 'l'albot Cmmty Superior Court; March term 1933; Violating prohibition law; 12 months; \-;.ood prison record and first offense; Conunuted August 22, 1933.
LINTOlJ TESTON: Bacon County Superior Court; I'iay term 1933; Violating prohibition law; 12 months; Good prison record and first offense; Commuted August 22, 1933.
IRA Sl'HTH: Coffee County Superior Court; Iiay term 1933; Viol2.tion of prohibition Law; Good prison record, first offense and of not a very serious

238

JouRNAL OF THE HousE,

nature; Corrunuted August 23, 1933. ROY CAPPS: Ware County Superior Court; June term
1933; Misdemeanor; 6 months; Good prison record and first offense; Commuted August 23, 1933.
JOHNNIE THORNTON: Floyd County Superior Court; January term 1933; Larceny; 12 Mos; Good prison record and first offense; Commuted August 22,1933.
EARL BOYD: Wayne County Superior Court; March term 1933; Larceny; 6 months; Good prison record for a greater part of his sentence and this his first offense; Commuted August 23,1933.
JIM MCFEE: Thomas County Superior Court; October term 1932; Larceny; 12 months; He has served a greater portion of his sentence with good prison record, and this is his first offense; Commuted August 23, 1933.
HOMER EUBANKS: Haralson County Superior Court; January term 1933; Larceny; 12 months; Good prison record and !irst offense; Commuted August 2311933.
BEN DANIEL: Heard County Superior Court; September term 1932; Simple Larceny; 12 months; Good prison record for a greater part of his sentence, and this is his first offense; Commuted August 23, 1933.
DAVE BISHOP: Coffee County Superior Court; February term 1933; Misdemeanor; 12 months; Good prison record and this is his first offense; Commuted August 23, 1933.
PLEDGER BROWN: Oconee County Superior Court; January term 1933; Assault to Murder; 12 months; Good prison record and first offense; Commuted August 23, 1933.
C.E. LANCASTER: Atlanta Criminal Court; February term 1933; Misdemeanor; 10 mos; Served with good

TuESDAY, jANUARY 22, 1935.

239

prison record since February 23, 1933, and is recornr mended by several business men and has a job awaiting him; Commuted Sept. 2, 1933.
FR!Ji!K B/,_RTON and TAl11LWGE vJITCHBR: Elberton,Ga. City Court; !'larch term 1933; Simple Larceny; 12 months each; Good prison record, youth of applica.nts,and clemency is recommended by the prosecutors and is not opposed by the trial Judge and oolicitor,and the Warden and officials under whom they have served state that their prison records have
been f,Ood; Corrmuted Sept. s, 1933.
LEOH PHILLIPS: Jesup, Ga. City Court; June term 1933; Operating auto while intoxicated; $75.00 or 10 months; Good prison record,and Clemency is recommended by Judge City Court,Ludowici,Solicitor, County Officials and citizens of Long County and officials under whom he has served; Commuted Sept-
ember s, 1933.
A.C. JONl:S: Dodge County Superior Court; May term 1933; Simple larceny; 6 months; Good prison record and recow.mended by the trial Judge, t:>heriff of Dodge Co. Solicitor-General and other county officials; Corrmuted Sept. 12, 1933.
JOHN TAYLOR: Crisp County Superior Court; January term 1933; Possessing liquor; 12 months; Good prison record,recornmended by the Judge,SolicitorGeneral,Pro Tern, t>heriff,. 1--l<:>.rden and County Commissioners; Corrmuted September 12, 1933;
TOI"TT1IE TURNER: Whitfield county Superior Court; April term 1933; Assault & Battery; 12 months; Recommended by the Solicitor General and County Officers and he is in poor health; Commuted September 14, 1933.
P.E. WILLIAI'lS: Baldwin County Superior Court; January term 1933; Embezzlement; 12 months; Hecommended by officials, trial Jurors, a large number of citizens of Baldwin Co. and others and this is his first offense; Commuted September 14, 1933.

240

JouRNAL OF THE HousE,

GUY DANIEL: Ware Cmmty Superior Court; February term 1930; 111sdeneanor; 12 months; Good prison record and this is his first offense; Con~uted September 14, 1933.
CECIL MCNEAL: Eastman, Georgia, Dodge County City Court; May term 1933; 12 months on probation, 8 months; Misdemeanor and escape; Good prison record and clemency is recommended by the Warden,Solicitor and Sheriff; Commuted September 14, 1933.
GH~ FILUlORE: Dibb County Superior Court; January term 1933; Violating Prohibition law; 12 months; Good prison record and first offense; Conmuted September 20, 1933.
ALVIN WARE: Harris County Superior Court; January term 1933; Violating prohibition law; 12 month~ Good prison record and first offense and the crime is of not a very serious nature; Commuted September 20, 1933.
G.A. GIBSON: Towns County Superior Court; December term 1932; i"lisdemeanor; 12 mos; Good prison record and first offense; Conrrnuted Sept. 20, 1933.
BRUCE MIL/J'1: vJare County Superior Court; May term 1933; Misdemeanor; 12 months; Good prison record and first offense; Commuted September 20, 1933.
JAMES JOHNSON: Newton County Superior Court; Janu~ry tern1 1933; Misdemeanor; 12 months; Good prison record 2nd first offense; Corrnnuted Sept. 20, 1933.
JOE HILL: Wayne County Superior Court; May term 1933; Drunkenness; 6 months; Good prison record, youth of applicant and first offense and of not a very serious nature; Commuted September 20, 1933.
P. A. KrSH: Heard County Superior Court; April tern 1933; P9inting pistoli 8 months; Good prison record and first offense; commuted Sept. 201 1933.

TUESDAY, JANUARY 22, 1935.

241

HAR.r'W JORDP3: Hare County ouperior Court; April

terrn 1933; Misdemeanor; 8 months; Good prison re-

cord, youth of applicantand first offense; Com-

muted Sept. 20, 1933.



E. J. l10RAI'J: Floyd County Superior Court; February term 1933; Larceny; 12 mos; Good prison record ~nd first offense; Ca.mmuted September 20, 1933.

HElJRY COOK: Coweta County Superior Court; I"Iarch terrn 1933; llfg. Whiskey; 12 months; Good prison record,dependent family, and clemency is recommended by the Harden under whom he has served and by County officials of Coweta Co., Comnuted September 20, 1933.

QUINTON BLACK, MACON COCHRAN & JESf:liE COCHRAN: Coweta County Superior Court; l"'arch term 1933; Mfg. Whiskey; 12 months; Clemency is recon~ended by the trial Judge, Solicitor General, Warden and County officials, and applicants remained in jail two months before being tried; Commuted September 21, 1933.

TOI"I WINKLE: Floyd County 0uperior Court; April term 1933; Possessing whiskey; $150.00 and 12 months and 6 months in jail; Reco~ended by the Solicitor-General and prosecuting officer and warden under whom he has served; Comnuted September 21, 1933.

WALTER C. JEFFRIES: Fulton County Superior Court; January term 1931; three misdemeanors; 12 months in each case; Prison Comm. recommends that he be put on probation. Good record,poor health,recornmended by prison officials under whom he served; Commuted September 27, 1933.

ARCHIE BURTID'JOT: Douglas Court(City); l"'ay ter.m

1931; Possessing liquor; A fine and 12 months

suspended; Good prison record,dependent family,and

clemency Solicitor

is recommended by Hon. City Court; Cmnmuted

SJeophtenmsb.erG2itbis,oln9~3.

242

JouRNAL OF THE HousE,

HILLHJ: RYfJ'.J: Chathmn Co., ouperior Court; June term 1933; Assault to .EJ.urder; 6 months; Good prison record ;:;nd appliC8,nt nmv has active tuberculosis endangering the lives of other prisoners; Commuted October 9th, 1933.
J()E!J Tt:STOJ'-~: Chatham County Superior Court; Hay term 1933; Burglary-I'lisdemear.or; 9 months; Clemency reco;u;tended b:l the Judge and Solici tor-General,and he has a large farr.ily in destitute circumstances; Co;rrrnuted October 9th, l93o.
S.H. PIBRC~: Catoosa Co~~ty Superior Court; February tenn 1932; Abandonrne:::1t; 12 months and 6 months in jail; Good prison record since March 23, 1933, and applicant agrees to contribute to the support of his minor children; Comrr~ted October 12, 1933.
H.E.JORDAN: Atl:::mta Crir:11nal Court; November term 1932; Assault & Battery; :i;lOO.OO and 12 mo~ths; Probation on p8.yment of $25.00; Recommended by the arresting officer and a large number of citizens, including Hon. Jno. A. Hudson, officer states that applicant received a $25.00 fine and 30 days in the city Stockade for this same offense; ::!on'ffiuted October 20, 1933.
CLi\RI:.;i-JCE G-PJ,Y: Colquitt County Superior Court; Janu2.ry term 1932; I1isdemeanors; 12 months in 5 ce_ses; Recomm.ended by a number of responsible citizens, including Chief of Police of rloul tr1e, Deputy Clerk Superior Court and others. Applicant was only 15 years of age at the time he was sentenced; CoiTnuted October 20, 1933.
VIRGILE HANEY: Chattooga County Superior Court; Sept. tenn 1932; Simple Larceny; 12 months and 6 montl1s in jail, or 6 months and $100.00 and costs. Recommended by the Solicitor-General,prosecutor, w2rden,County and City officials and a large number of citizens; Conunuted October 20, 1933.
DAN iJIIS: Henry County Superior Court; September

TuESDAY, jANUARY 22, 1935.

243

term; 1932; Simple larceny; 12 months and 6 months; recommended by county officials, warden and received in,Juries by burns while in service. He completed the longer sentence and about half of the second; Cor1~uted November 17, 1933.
Ivlf~TTIE YOTJl\JGBLOOD: Leesburg,Ga. City Court j October term 1932; Adultery, fornic2tion,adultery; 12 months; 12 months; 12 months; Recommended by the Judge,Sheriff,Chairman County Co~missioners and large number of citizens; Con~uted Nov. 8, 1933.
JUDSON HEi~.TH: Floyd County Superior Court; April term 1933; Possessing wl1iskey; 12 months and 6 months or 9 months & $150.00; Good prison record, needy family,recorunended by a number of citizens and the Solicitor-General; Comnuted November 9, 1933.
JAKE RO'v.JELL: Douglas,Ga. City Court; February term 1933; l'Iisdemeanor,Wife beating; 12 months; Good prison record,clemency recommended by the trial Judge,.Solicitor,Wife of applicant and others, and he has 4 minor children in need of his support; Commuted Nov. 9, 1933.
C.E. DEl~1\:ARD: Bainbridge ,Ga. City Court j Dec. Adj. term 1931; Having and selling whiskey; 12 mo.
or $100 .oo and 6 mo. or $100 .oo & costs on proba.-
tion later revoked; Served 3 mos. with good record, pn.id fine in 1 ca.se. Therefore~we recommend that his other sentence be probated and that his probation period be 12 mos. on both sentences; Commuted Nov. 9, 1933.
ALBERT RICKEHBON: Morgan Co.,Superior Court; Sept. term 1932; Transporting and having liquor and carrying pistol without license; 11 months in each of 3 cases; Good prison record, and clemency recommended by the Solicitor-Gen. Sheriff, other County Officials and the Warden; Con~uted Nov. 8, 1933.
ROBER'l' & SAVJ.Il'-JNA.H DAVIS: Clay Co.,Superior Court; Narch term 1933; Selling liquor; 12 months; Clemency

244

JouRNAL or THE HousE,

reconur,ended by way of payment of a fine by a majority of the trial jurors; Commuted November 8,1933.
CLARENCE KNOWLES: Bacon Co. Criminal Court;April te~ 1933; Simple Larcer~; 12 months; Good prison record,and cleD.ency reconrrnended by the prosecutor, trial Judge, Solicitor and Jurors; Commuted November 23, 1933.
HENRY HAWKS: Oconee County Superior Court; July term 1933; Having liquor; 6 months; Probation on payment of court costs. Reconunended by a large nunmer of citizens of Oconee Co. Invalid wife and 3 small daughters dependent on him; Commuted November 24, 1933.
J.T. STESLE: Eastman, Ga. City Court; November term 1933; Having liquor; 12 mos; Probation on payment of a fine of $25.00; Recommended by the Judge, Solicitor and Sheriff; Conunuted December 5, 1933.
DAVE DmJDY: Eastman, Ga. c 1ty court; August term 1933; Selling liquor; 8 mos; Good prison record, Hecommended by the Judge ,Solicitor ,Sheriff ,caerk of court and citizens; Commuted December 5, 1933.
JESSE COLF1'1AN, JR: Fulton Co. Superior Court; I"!arch term 1933; Bastardy; 12 mos; He is a young man and probation will aid him to get a new start and at the same time keep a restraint over him; Conrrnuted December 11, 1933.
J .F. BUmCIIALTER: Evans County Superior Court; June term 1933; Burglary; 12 mos; Good prison reco,rd,clemency recow.mended by the Judge,Prosecutor, trial Jurors, County Officials and others; Commuted December 11, 1933:
OTIS 1'1/,RTIN: Dodge County Superior Court; May term 1932; l'-11sdemeanor-Larceny; 12 months and 12 months; Reconunended by Warden,County Commissioner, County Officials and others; Commuted December 12, 1933.

TUESDAY, jANUARY 22, 1935.

245

JAMES BROUGHTON: Gwinnett County Superior Court; September term 1933; Misdemeanor; $25.00 or 12 months; Good prison record, dependent tamily and recommended by the Warden and County Commissioners; Commuted December 13, 1933.
BERRY HUMPHRIES: Jasper County Superior Court; August term 1933; Burglary & simple larceny; 12 months and 12 months; Clemency recommended by County Commissioners,Solicitor-General,Warden and others,wife and 2 small children dependent on him for support; Commuted December 13, 1933.
c.c. WRIGHT: Sandersville City Court September
term 1933; Possessing beer; 12 months; Good prison record, not opposed by Judge and Solicitor,recommended by County Commissioner. Wife and children dependent on charity; Commuted December 15, 1933.
WRIGHT PURVIS: Wheeler Co., Superior Court; September term 1933; Drunkenness; $25.00 & 6 mos. in jail; Recommended by the Solicitor-General,City & County Officials and a number of citizens; Commuted December 16, 1933.
ROSS FARMER: Rockdale County Superior Court; July term 1933; Drunk on Highway; 12 months; Good service record for half of sentence, and he has several needy and dependent motherless children; Commuted December 16, 1933.
JAMES LATSON: Richmond County Superior Court;
May term 1933; Burglary; 12 months on probation & 2-3 years; Commutation to a misdemeanor & proba-
tion for 12 months from this date; Youth or applicant,Good prison record,and recommended by reputable white citizens; Commuted December 18, 1933.
CLIFFORD BUCHANAN: Eastman, Ga. City Court;July term 1933; Simple Larceny; $ 35.00 or 12 months; Good prison record and recommended by the Solicitor and trial Judge; Commuted December 21, 1933.
J.R. Barfield: Henry County Superior Court; Septem-

246

JouRNAL oF THE HousE,

ber term 1933; Burglary; 12 months; Good prison record,recommended by the Solicitor of the county court,Warden & guards,large number of citizens,has wife and 3 small children dependent on him for support; Commuted December 21, 1933.
WINFORD SMITH: Candler Co. Superior Court; August term 1933; Burglary; 12 months; Good prison record,youth of.applicant; December 21, 1933.
HENRY DOOLEY: Stephens County Superior Court; April term 1932; Larceny; 12 months in 4 cases; Good prison record since May 3, 1932, clemency recommended by the solicitor-General,Judge,trial Jurors and large number of citizens and County officials; Commuted December 21, 1933.
ED GIVENS: Moultrie City Court; June term 1933; Violating prohibition law; 12 months; Good prison record,aged mother dependent on him for support,and. recommended by the warden; Commuted December 21, 1933.
LUTHER STRICKLAND: Ware County Superior Court; December term 1932; Invol-manslaughter; 12 mos. or
$500.00 & 6 mos. in jail; Probation in custody of
the sheriff upon payment of fine of $100.00. Recommended by the trial Judge, County and City officials,he has been in jail since Sept. 27, 1933; Commuted December 21, 1933.
PAUL LEWIS: Eastman, Ga. City Court; May term 1933; Vagrancy; 12 months; Recommended by the Solicitor and trial Judge; Commuted December 22, 1933.
HEDGE JOHNSON: Colquitt County Superior Court; January term 1929; AssaUlt to Murder; Simple Lar-
ceny; 4 to 5 & 5 years; Prison commission recom-
mends that the 5 year sentence be commuted to a misdemeanor and that he be put on probation for a period of 12 months, the first sentence having been completed. Good prison record,recommended by trial jurors,Warden and others and not opposed by the trial Judge; Commuted December 23, 1933.

TUESDAY, jANUARY 22, 1935.

247

H.J. SWAN: Fulton County Superior Court; August term 1933; Larceny after trust; 1 to 3 years; Prison Comm. recon~ends that the sentence be commuted to a misdemeanor & applicant placed for 12 months on probation. Good prison record,youth of applicant, clemency recommended by trial Judge & Mr. Walter T. Daniel of the probation office; Commuted December 23, 1933.
LATTIMORE KALE: Savannah,Ga. City Court; May term 1931; Cheating & Swindling; 5 sentences of 12 mos. each; Good prison record since May 8, 1931; Comrnuted December 30, 1933.
JAMES EATON: Hart County Superior Court; Aug.Adj. term 1933; Misdemeanor; 6 months; Clemencyrecommended by the prosecutor,Warden,Guards and a number of citizens; Commuted January 2, 1934.
BOB RIGGINS: Telfair Co.,Superior Court;October term 1933; Having & Possessing liquor; 6 months; Good prison record and recorrnnended by the trial Judge and Solicitor-General; Commuted January 3, 1934.
ROY THOMPSON: Dan1elsville,Ga. City Court;July term 1933; Simple Larceny; 10 months; Good prison record and Clemency recommended by the Judge,Solicitor, County Officials,Warden and guards; Commuted January 10, 1934.
EARL MURRY: Habersham County Superior Court; March term 1933; Burglary; 12 Mos; Clemency is recommended by prosecutor and not opposed by the Solicitor Gen. and Judge.Youth of appl1cant,good prison record; (January 10, 1934; Commuted)
BREKLEY EASTERLING & HP..ROLD GRIMES: Evans Co. Superior Court; Oct. term 1933; Burglary(M1sdemeanor); 9 months,6 months; Clemency recommended by the Judge, City and County Off1c1als,Warden and others,Probation has already been recommended for Brooks Womble, who was convicted for the same offense; Commuted Jan. 11, 1934.

248

Jot;RNAL oF THE HousE,

JESS BROWN: Greenville,Ga. City Court; January term 1931; Possessing liquor; 12 months suspended; Good prison record and recommended by the trial Judge; Commuted January 11, 1934.
BROOKS(S.B.) WOMBLE: Evans Co. Superior Court; October term 1933; Burglary; 9 months; Good prison record and clemency is recommended by officials under whom he has served,County Ofticials,Judge Saxton Daniel and others; Cormnuted January 11, 1934.
B.C. BARKER: Chattahoochee Co. Superior Court; Perjury; Sept. term 1933; G. Training School for boys for an indeterr.nina.te tenn; Prison Comm. recommends that he be placed on probation tor a period ot 12 month~;Youth of applicant and recommended by the trial Judge; Conmruted January 11, 1934.
SAM GEORGE: Wayne Co. Superior Court; April term 1933; Larceny; 12 months; Good prison record and first offense; Commuted January 17, 1934.
EDGAR & ELMER MCELWANbY & JESSE SMITH: Coweta
County Superior Court; Mfg. whiskey; 12 months'or $75.00; Good prison record,dependent families, Clemency recommended for them by the Warden under whom they have served,County Officials and the trial Judge; Commuted January 24, 1934.
ALBERT TAYLOR: Dooly County Superior Court; August term 1933; Violating Prohibition law; 12 months; Good prison record,poor physical condition, and clemency is recommended for him by the Judge, Solicitor-General, and officials under whom he is serving; Commuted January 29, 1934.
L.W. ALLEN: Ware County Superior Court; December term 1932; Misdemeanors; 12 months and 12 months; Clemency recommended for him by officials under whom he has served and by the Chief Deputy Sheriff, and has lost one hand; Commuted Jan. 31, 1934.

TuESDAY, JANUARY 22, 1935.

249

FELTS PLUMMER: Screven Co., Superior Court; Nov. term 1931; Larceny from house; 12 months,l2 months and 12 months; He entered service Nov. 28, 1931, and has served with good prison record since that time,and officials under whom he has served state that he has been a model prisoner; Commuted Feb. 1, 1934.
JOHN SMITH: Floyd County CityCourt; August term 1933; Possessing liquor; 12 months; Recommended by the warden,Trial Judge and a number of responsible citizens; Commuted Feb. 1, 1934.
DAVIS KEY: Jasper Co., Superior Court; August term 1933; Simple larceny; 12 mos; Recommended by the trial Judge, County officials, County Commissioner and a large number of citizens; Commuted February 1, 1934.
LIVINGS'rON HOWARD: Peach County Superior Court; June term 1933; Chicken Stealing & Violating Prohibition law; 12 months and 12 months; Recommended by Warden, Officials, Sheriff and a large nwnber of citizens. Good prison record, family is destitute condition; Commuted February 3, 1934.
J.C. NICHOLSON: Dodge County Superior Court; November term 1933; Larceny; 4 mos; Good prison record for more than half of sentence,Clemency is recommended by the Judge, County Officials,Wife a.nd 2 small children dependent on him for support; Commuted Feb. 5, 1934.
PRA'l'HER OXLEY: Eastman City Court; Nov. term 1933; Simple Larceny & having liquor; 4 months, 3 months and 5 months; Good prison record,recommended by the Judge,Solicitor,County Officials and others, Wife an object to charity; Commuted Feb. 5, 1934.
EMORY REESE, J .B. REESE & LOVE SIMS: Morgan County Superior Court; July Spec. term 1933; Stealing; 12 months each; Good prison record,and recommended by the prosecutors,Solicitor-General and Judge; Commuted Feb. 5, 1934.

250

JouRNAL OF THE HousE,

v.o.w. SHARPTON: Gwinnett Co., SUperior Court;

Nov. term 1933; Obtaining goods by fictitious writ-

ing; 6 months; Applicant entered service on Novem-

ber 11, 1933, and has served with good prison

Jreucdogerdws.win.ceStathrkat,thtiemter.iaTl hJiusdgise

his first offense. says he ordered

him there because of his dope habit,and thought

that he was under the influence of dope the reason

he gave the bad checks; Commuted February 12,1934.

GEORGE W. COLLINS: Jones County ouperior Court; April term 1933; Burglary; 12 months; Good prison record and recommended by the prosecutor and trial Judge; Commuted Feb. 13, 1934.

MORRIS WATSON: Tattnall County Superior Court; January term 1933; Forgery; 12 months or $50.00 and 6 months; Recommended by the trial Judge and good prison record for almost one half of the sentence; Commuted February 13, 1934.

ED BISHOP: Decatur County City Court; Having & selling Whiskey; Sept. term 1932; 12 months and 6 months; Good prison record for nearly the whole of both sentences,Clemency recommended by the Solicitor,Warden,trial Jurors and a large number of citizens; Commuted February 13, 1934.

1~0MAS RICE: Chatham County Superior Court; October term 1933; Larceny of auto; 12 months; Good prison record,recommended by Sheriff Sipple and other prominent citizens,Judge Meldrim died before a recommendation was given him; Commuted February 13, 1934.

WILLIE MOORE: Floyd County City Court; March term 1933; Larceny from house,(2 cases); 12 months and 12 months; Good prison record and recommended by the Judge,Solicitor of City Court; SolicitorGeneral and Warden; Commuted February 13, 1934.

WALTER WILLIAMS: Screven County Superior Court; November term 1931; Misdemeanors 12 months in 3 cases; Good prison record for two of the sentences

TUESDAY, J.<\Nl:ARY 22, 1935.

251

2,nd part of the 3rd. Has a wife and 2 small children in need of his support; CoiTmuted Feb. 13,1934.
EDGd\ YATI:;S: :r::uscogee Co. :Superior Court; rlay term 1933; Burglary; 12 montl1s; Good prison record, youth of applicant; Commuted Feb. 13, 1934.
rl.L. J:10RRIS: Fulton County Superior Court; Oct. term 1933; Larceny of auto; 1 to 5 years and 1 to 2 years; Prison Cornrn. recomnends that his sentences be commuted to misdemeanors and that he be placed on probe,tion for 12 months in each case. Good prison record, youth of applicant, recoY.Eended by the trial Judge; Commuted Feb. 14, 1934.
V.JE8LEY GMffiETT: Dodge County Superior Court;lJov. term 1933; Burglary; 9 mos; Good prison record,recomnended by County officials,Sheriff,Ordinary, Deputy-Sheriff,County Co111111ssioner,Harden and a large number of responsible Citizens, has wife and 3 small children dependent on him for support and now on charity; Commuted Februc:.ry 14, 1934.
CL!'"YTON J:ICDUF:B'IE: 'felfair Co. ~uperior Court; October term 1932; Assault to murder; 2 to 3 years; Recormnended by all the trial jurors,prosecutor, county officials and is not opposed by the trial Judge and Solicitor General,recommended by Harden and gua.rds; Cornnru.ted Feb. 14, 1934.
MACK HOWARD: Camden County Superior Court; Nov. term 1933; l"Iisder.1eanor; 6 mos; Served almost 4 months in jail,poor physical condition,clemency recommended by the Sheriff; Commuted :B'eb. 15,1934.
E.H. JOHNSON: Jesup City Court; May term 1933; Possessing liquor; 10 months; Good prison record for l.'laj ori ty of sentence, family in destitute condition,recornmended by trial jurors,officia.ls and others; Commuted Feb. 17, 1934.
EDWARD WHITFIELD: Fulton Superior Court; Sept. term 1933; Burglary; 1 to 5 years. Prison Commission recommends comnutation to a misdemeanor and

252

JouRNAL oF THE HousE,

that he then be placed on probation; Good_ prison record and reco1~ended by the trial Judge; Commuted Feb. 17, 1834.
RALPH LOVEL: Atl<:-mta Criminal Court; February term 1934; Abandonment; 12 months; Prison CornHission recommends Probation,Hnd applica.nt is to pay $6.00 per month toward the support of the child or its equivalent in supplies. Payable weekly at the rate of $1.50 per week; Commuted Feb. 26, 1934.
A.J. ELLIS: Clemency recommended by Judge,Solicitor-General,county officials and others; 'l'elfair County Superior Court; October term 1933; $75.00 12 months; Possessing liquor; Commuted Feb. 27, 1934.
LUCILE DIJHEL: Crisp Catmty Superior Court; October term 1933; Havinr, liquor; 12 months; Bad health,if she goes to the hospital for 4 or 5 weeks,will cost the Stnte about $100.00. She has served 3 months of a 12 mos. sentence; Commuted Feb. 28, 1934.
GEORGB COI--Tid.:LL: Wheeler County Superior Court; October term 1933; Possessing liquor; 12 months; Poor he8lth,recorr~ended by P.H. Lawrence,Qupt. State Fann. A brother will take care of him; Commuted Feb. 28, 1934.
ED JJ\l'1ES: Haycross City Court; June term 1933; Misdemeanor; 12 months; Not recomnended by Prison commission; Defendant main dependence of his mother, who is now sick. Clemency _recommended by former Judge of City Court, and Warden under whom he has been serving; Commuted J:larch 6, l93L1..:.
GEORGE Hl'..RRISON: Gwinnett Co. t:3uperior Court; Nov. Adj. term 1933; Burglary(misdemeanor); 12 months; Clemency recommended by county officials,
CSohmermifisfs,ioOnerdrsinaanrdy,Coltehrekr,sD, epJuudtygeSwhe.wri.ffS,Ctaorukn,tthye
trial Judhe,stated to Hon. 'l'.M. Linder that he would recommend that applic8nt be dischargecl on

253

probation; Commuted March 26, 1934.

B.I'..RTLEY Ri'J'1l."'Y and FRED WATKI.Nl::l : Rabun Co. Superior Court; May term 1933; Burglary; 1 to 2 & 2 to 3 years, respectively; Good prison record,dire circumstances of the families. Clemency reco~~ended by the trial Judge,Solicitor General,County officials and prosecutors; Commuted Harch 14, 1934.

LEONARD GRELN: Walton County Superior Court; October tenn 1933; Wife Beating; 8 months; Recommended by the trial Judge,Harden,Guards,Chairman of County Cornrnissioners,not opposed by the bolicitor-General; Commuted l'Iarch 14, 1934.

D.C. CLOUD: Henry County Superior Court; March

term 1933; Misdemeanors; 12 months and 12 months;

Good prison record,youth of applicant,and clemency

recommended by county officials,county comrnission-

ers,Warden and not opposed by Solicitor General;

Corrnnuted 1'1arch 14, 1934.

_

SEABORN DANIEL: Fulton County Superior Court; !'lay term 1932; Larceny of auto; 3 to 4 years; Good prison record,dependent family,no r~position in the file, the trial Judge states that whatever action is taken will be satisfactory to him; Commuted March 14, 1934.

ELI1ER SPRf,TLING: Floyd County Superior Court; October term 1933; I1isdemeanor; 12 months; Good prison record,Clemency reco1mnended by the prosecutor, Solicitor General, Deputy Sheriff and others; Corrnnuted March 14, 1934.

PERCY B. BARNER: Atlanta,Ga. Criminal Court; November term 1934; Operating auto while intoxicated; 12 months,Suspended,3 mos. concurrent; Good prison record and good previous record; Commuted April 14, 1934.

PERKINS SULLIVAN: Bacon Co. Criminal Court; June term 1933; Pointing pistol; 12 months; Good prison record for more than 8 mos. Clemency recommended by

254

JouRNAL OF THE HousE,

the trial Judge,Warden and Clerk of Bacon Superior Court and acting Ordinary; Commuted April 3, 1934.
JOE BPJU~S & JACK CONLEY: Baker County Superior Court; August term 1933; Misdemeanor; 12 months each; Driving car without ownerts consent; Good prison record and recommended by the trial Judge; Commuted April 3, 1934.
SHEROD & JOE HILL: Wayne Co., Superior Court; November term 1933; Public Drunkenness; 6 months; and 9 months; Probation under supervision of C.A. Ashley,Chief of Police, Jesup,Ga. as probation officer; Good prison records and recommended by Solicitor General W.B. Gibbs; Conunuted March 21, 1934.
R.S. FELLOWS: Randolph Co., Superior Court; November term 1933; Abandonment; 6 mos. in jail & 12 mos. at State Farm; Recommended by a large number of citizens,County Officials,grand jurors,Solitor-General pro tern, and others; Probation on condition that he support his child in accordance with court orders in said case, but not otherwise; Commuted April 12, 1934.
SHERMAN C. MORRIS: Fulton Co. Superior Court; October term 1933; Larceny of Auto; 1 to 3 years; Commutation to misdemeanor and that he then be placed on probation; Good prison record and recommended by the trial Judge; Commuted April 11, 1934.
JOE HUDSON: Paulding County Superior Court; August term 1932; Assault to murder; 12 months or $100.00; Good prison record and recommended by trial Judge, who states that the Solicitor-General agrees with him and joins in the request; Commuted April 14, 1934.
PRIMORIS USSERY: Jasper Co. Superior Court; August term 1933; Making liquor; 12 months; Good prison record. Recommended by'the trial Judge, County Commissioners and Warden; Commuted April 14, 1934.

TuESDAY, JANuARY 22, El3:i.

255

LOUIS PITTS: Eastman, Ga. City Court; October term 1933; Public Drunkenness; 12 months; Good prison record,Clemency recommended by a number of responsible citizens. Solicitor States that he does not think he should serve full term in the chaingang,but about 60 days. Fitts has served more than 60 days; Co1nmuted April 11, 1934.
HORACE EDVJi\.R.D SMITH: Superior Court Hall County; Sept. Special tenn 1933; Larceny ~rom house; 12 months; Good prison record for more than i sentenc~ clemency reco~T.ended by the trial Judge and prosecutor consents to it; Commuted hpril 21, 1934.
JESS PEI'J";'JY: Floyd Cmmty Superior Court; July tenn 1933; Possessing and selling liquor; 12 months on gang and 6 months in jail; Good prison record and reco~mended by a number of responsible citizens; Co~~uted April 19, 1934
J.E. GILDER: Wheeler County Superior Court; Sep~ Rec. term 1933; Driving ca.r while intoxicated; $30. 00 and 12 months; Clemency recommended by county officials and a large number of responsible citizens,and by Solicitor-General and Judge after 30 days service. Has a wife and 2 small children to support; Co:mnuted April 18, 1934.
GUS WRIGHT: Eastman,Ga. City Court; March term 1934; Having liquor; 4 months; Good prison record, and clemency is recommended by the Judge,solicitor, Sheriff and Clerl< of Court,-8.nd has a dependent; Commuted April 24, 1934.
J. WILEY GR/00: Baker County Superior Court;Ju.ly term 1933; Larceny; 12 r:wnths; Good prison recor:::!., poor physical condition; Corunr -ed April 24, 193..;.
JOHN HALE: Greenville City Court; October term 1933; Possessing whiskey; 12 Eos; Good prison record,needy farnily,recornrnended by County Officials, \r/8-rden and a number of responsible Citizens; Com-=muted April 24, 1934.

256

JouRNAL OF THE HousE,

FLOYD BRAGG: Floyd County City Court; Feb. term 1934; Possessing liquor; 12 mos; Good prison record,destitute circ~~tances of family,recommended by-the trial Judge,Solicitor,Warden and a large nu..'Tiber of cttizens ;Commuted April 24, 1934.
N.A. GARNER, JR: Atlanta Criminal Court; January term 1934; Larceny; 12 months; Good prison record, youth of applicant, and clemency recommended by officials under whom he has served and others; Commuted April 25, 1934.
WILSOl'J & J .c .HILLIAI'1S & RICHARD DENSON: Twiggs
Co. Superior Court; Feb. Adj. term 1934; Stealing cow; 3 yrs.; 2 yrs,; 2 yrs,; respectively; Recommended by the trial Judge,Solicitor-General-,number of responsible citizens. First offense and all have dependents; Commuted I"lay 1, 1934.
SYLVESTER NOSLEY: Metter, Ga. City Court; December term 1932; Larceny; 12 mos; and 12 mos; Clemency is recommended for him by the Warden,Camp physician,County Commissioners and others,no objections appear in the file; Commuted Iiay 2, 1934.
ANDREW, BILL & ROBERT l'lYERS: Pulaski County Superior Court; Sept tern1 1933; Misdemeanors; 9 mos.
& $90.00; 12 mos. & $100.00; 12 mos. & $40.00 re-
spectively; Good prison records and clemency recommended by the Judge of the circuit,Solicitor-General,Warden,County officials and others; Commuted l1ay 3, 1934.
CECIL HUDGINS: DeKalb.County Superior Court; December term 1933; Larceny-(Misdemeanor); 12 months; Youth of applicant,good prison record,a.nd clemency reconnnended by the trial Judge,Warden and Sheriff; Commuted May 7, 1934.
J.W. WILSON alias JAMES WILSON: Fulton County Superior Court; January term 1933; Larceny of auto; 1 to 5 years and 1 to 5 years; Commutation to misdemeanor and thn.t he be placed on probation for 12 months. Youth of applica.nt,good prison record,and

TuESDAY, jANuARY 22, 1935.

257

clemency recomnended by trial Judge,Solicitor General,owner of the cars stolen,County Officials, large nunber of citizens and others. Has a job promised him when released; Commuted May 9, 1934.

FLETCHER POUNDS: Griffin City Court; March term 1934; Having liquor; $50.00 or 6 months; Good prison record,recommended by Judge and Solicitor; Commuted May 9, 1934.

HOLLAND JONES: DeKalb Co. Superior Court;March

term 1934; Carrying pistol without license and

shooting at another; 12 months,each case concurrent-

ly; Good prison record,. Good offense,Clemency recommended

previous recor by Hon. Claude

dc,. f

irst

Smith,Solicitor General,and number of citizens and

has a job awaiting him on release; Commuted May 9,

1934.

D.A. LOCKRIDGE: Fulton & Dekalb Counties Super-
ior Court; Robbery Spring term 1932. Sept. 1931; Robbery; 3 years; 2 years; respectively; Good prison record for all of first sentence,and clemency recm:rrnended by the prosecutor in the second case, by the trial Judge, and the Warden and others; Connnuted T'lay 9, 1934.

TOMMIE CLARK: Elberton City Court; November term 1933; DistUl~bing divine worship; $40.00 and 12 months on prob2.tion; Good prison record,good previous record,and clemency recommended by the trial Judge; Commuted 11ay 10, 1934.

SLIM CALDWELL: Fulton County Superior Court;November term 1933; Burglary; 3 to 5 years; Prison Conunission recommends that his sentence be commuted to a misdemeanor,and that he be placed on probation. Clemency recow~ended by the party from whom the things were taken and others. Judge R.N. Hardeman will recommend that John Hudson recommends; Commuted May 11, 1934.

NAPOLEON HUBERT: Fulton County Superior Court; November term 1933; Burglary; 3 to 5 years; Prison

258

Jot:R:-;AL oF THE HorsE,

Comm. recow~ends that his sentence be commuted to a misdemeanor and that he be placed on probation. Recowmended by the party from whom the things were taken,and others; Commuted May 11, 1934.
ARTHUR I"Il10RE: Floyd County Superior Court; April term 1933; Possessing liquor and stealing chickens; 12 months and 12 months; Probation under supervision of Probation Officer of Floyd County; Clemency is recommended by the Solicitor General,Warden and officiB.l reporter; Cormnuted May 11, 1934.
LAWREi'TCE HATKINS: Decerr,ber term 1933; Fannin County Superior Court; Burglary; 1 year; Conmmtation to misdemeanor and that he be probated for the remainder of his sentence. Good prison record, and recommended by the trial Judge and prosecutor, applic2nt desires to make a crop; Conunuted I'Iay 11, 1934.
HENRY HIGHT: Floyd County City Court; Nov. term 1933; Driving wllile drunk; 6 months and 6 months; Recormnended by a large number of citizens and by trial Judge provided he obtain steady employment, his mother has secured a job for him; Commuted May 16, 1934.
GEORGE ENGLISH: Stephens Co. Superior Court; April terrn 1932; Larceny in 4 cases; 12 months in each case; 2 years actual service, recommended by all the trial jurors, trial Judge,Solicitor-General,Prosecutors,and Hc>rden; Corrrrnuted I1ay 23, 1934.
GORDON BLANKINSHIP:. Floyd County Superior Court; Jan. term 1934; Possessing liquor; 12 months in gang & 6 months in jail, .or $100.00 and 8 months; Good prison record, Reco;;nnended by the Solicitor Genera.l,Warden and a lc>.rge number of citizens; Conunuted May 29, 1934.
C.B. CJH].~;Y: Jonesboro,Ga. Ci'1Y Court; October tern1 1933; Transporting whiskey; 10 months or $80.00; Recommended by Prison Conunission, trial Judge, Sheriff and Warden served practically 8

TuESDAY, jANUARY 22, 1935.

259

months of a 10 months sentence; Commuted May 30, 1934.
WADE COLEMAN: Eastman,Ga. City Court; Oct. term 1933; Public Drunkenness; 12 months; Recommended by the trial Judge, County Commissioners,County Warden,Guard,Clerk of Court,County probation officer,Tax Receiver and poor physical condition; Commuted May 25, 1934. Not recommended by Prison Commission.
FRANK SU11MER.S: Screven County Superior Court; Dec. term 1933; Burglary; 12 months; Recommended by the trial Judge. One witness has written to the trial Judge that he swore falsely as to the guilt of the prisoner; Commuted May 29, 1934.
HARVEY HEAD: Greenville,Ga. City Court; October term 1933; Operating car under influence of liquor; 12 months; Recommended by prosecutor,trial Judge, Solicitor of the Court and other citizens; Commuted June 7, 1934.
CHARLIE LEWIS: Macon,Ga. City Court; January term 1934; Escape; 12 months; Good prison record and recommended by the Warden; Commu~ed June 7, 1934.
FRED ROGERS: Atlanta,Ga. Criminal Court; February term 1934; Possessing liquor; 10 months; Good prison record for almost half of sentence,and clemency is recommended by the trial Judge; Commuted June 7, 1934.
WRIGHT SPIRES: Telfair County Superior Court; Feb. Adj. term 1933; Having and possessing liquor; 12 mos. or $100.00 and 3 months; Probation on 12 mos. sentence on payment of $100.00; Good record, first offense,dependent family, Recommended by the Sheriff,Clerk of Court,Ordinary,County Commissioner and other County Officials and not opposed by the Solicitor-General; Commuted June 8, 1934.
J.E. GILDER: Wheeler Co. Superior Court; Sept.

260

JouRNAL or THE HousE,

Adj. term 1933; driving while drunk; $30.00 and 12 months; Good prison record and reconEended by the trial Judge and a large number of citizens; Commuted June 11, 1934.
HOWARD CARROLL: Fulton County Superior Court; June term 1934; Larceny of auto receiving stolen goods; 12 months; Recommended by trial Judge and the report made by the Probation Officer of Fulton Co. and in view of the fact that the Judge changed his sentence within 3 days after it was given, I respect his wishes in the case and order that the prisoner serve the remainder of sentence on probation; Commuted June 12, 1934; Not recorrrnended by Prison Cormnission.
EARL BENSON: DeKalb Co. Superior Court; May term 1934; t11sdemeanor; 12 months; Good prison, record, and Clemency is recormended by the Solicitor-General and trial Judge; Commuted June 13, 1934.
ALFRED THOI1PS"N: Jefferson Co. Superior Court; November term 1933; }Iisdemeanor; 12 months;Good prison record, recor;rrnended by the Chm. of the County Co~~issioners and Relief Administrator of Jefferson Co. states that applicant's family is on the relief rolls, and his previous record is good; Co~nuted June 28, 1934.
MITCHELL EVANS: Louisville, Ga. City Court; January term 1934; Hisdemeanor; 12 months; Good prison record and clemency recommended by the prosecutor, Solicitor and others,Clemency has already been recom.mended for Alfred Thompson, the co-defendant mentioned in the letter of t~. Frank Hardeman, the prosecutor; Commuted June 28, 1934.
JOE BEllCHAl1: Newnan City Court; Jan. term 1934; Malicious mischief; 12 Mos. or $50.00; Good prison record, applicant has a wife and baby dependent upon him for support. Clemency recommended by the Judge,Solicitor,Sheriff and Deputy Sheriff; Commuted June 21, 1934.

TUESDAY, JANUARY 22, Hl3j,

261

WILLIE WRIGHT: Floyd County City Court; Nov. term 1933; Carrying concealed pistol; 12 months; good prison record. Recommended by the Judge and Warden. Has wife and 2 small children in need of his support; Cammuted June 15, 1934.
W.A. STAPLIN: Atlanta Criminal Court; March term 1934; Carrying concealed weapons; $50.00 or 6 months; Good prison record, poor physical condition; Recommended by trial Judge; Commuted July 11, 1934.
KATIE FEW: Atlanta Criminal Court; April term 1934; Simple larceny; $50.00 or 12 months; Good prison record,fine has been paid. Clemency recommended by the trial Judge. Has 7 year old child very ill,and the Adult Probation Officer states that he is in need of his mother to look after him; Commuted July 5, 1934.
FRANK SAWYER: Fulton County Superior Court; November term 1933; Larceny from house; li to 3 years; Commutation to misdemeanor and that he then be placed on probation; Good prison record,recommended by party from whom the rings were stolen, trial Judge,Assistant Solicitor-General and has a job when he is released; Commuted June 20, 1934.
ELIZABETH HJ~SEN: Atlanta,Ga. Criminal Court; December term 1933; Misdemeanor; 11 months;Good prison record,Recomrnended by trial Judge and Chief Probation Officer; Commuted July 11, 1934.
DOLLY REEVES: Fulton County Superior Court; May term 1934; Assault & Battery; $60.00 and 12 months; Good prison record,Reco~nended by the trial Judge, Solicitor General and Fulton County Probation Officer; Commuted July 12, 1934.
LOvffiLL H&~IS: Buford,Ga. City Court; February term 1934; Operating auto while intoxicated; 12 months; Good prison record,destitute condition or family. Clemency Approved by the Solicitor and Judge, and applicant has a job awaiting him on release; Commuted July 16, 1934.

262

JocRNAL or THE HousE,

LAUREE ROBINSON: Fulton County Criminal Cour't; Atlanta; May term 1934; simple larceny; 12 months; youth of applicant; recommended by the trial Judge and probation officer; commuted July 17, 1934.
GEORGE COr~Y: Fulton County Superior Court; January term 1934; misdemeanor; 12 months and 12 months; recommended by Asstt. Probation Officer,trial Judge,Hon. E.D. Thomas; commuted July 17, 1934.
KAYLOR CURRIE: FJ oyd County Superior Court; August term 1933; bastardy; $500.00 or 12 months on gang and 6 montts in jail; recormnended by Judge, Solicitor-General and Warden; corronuted July 19,1934.
CHARLIE SCHRIMSHER: Floyd County Superior Court; October term 1933; pointing gun at another; 12 months and six months in jail; recommended by Solicitor-General; prosecutrix and her husband,Warden and deputy Sheriff; commuted July 19, 1934.
BUCK HILL: Chattooga County Superior Court; February term 1934; possessing liquor; $125.00 or 8 months; youth of applicant; good previous record; recommended by the Warden; commuted July 19, 1934.
T. SCOTT: Cartersville,Georgia,City Court December tenn,l933; misdemeanor; 12 months and S25.00; unable to pay fine and entered service January 25, 1934,and served with good record; recommended by trial Judge; commuted July 19, 1934.
W.F. MULLIS: Pulaski County Superior Court; September term 1932; misdemeanor; 12 months and $75.00; recommended by Ordinary,Tax Collector, Court reporter and others; fine was paid; commuted July 19, 1934.
W.1'1. JERNIGAN, alias FRANK STONE; Atlanta,Georgia,Crlminal Court; June term 1934; $1750.00 and 12 months and 12 months; Prison Commission recommends probation for full period of 12 months upon payment of a fine of $150.00 In addition to the bond forfeiture paid In case #124504 in the Crimi-

TuESDAY, JANUARY 22, 1935.

263

nal Court of Atlanta; also probation for 12 months in case #127766 on payment of fine of $200.00; clemency granted because the penalties inflicted for like offenses are unequal and appear to be excessive; commuted July 19, 1934.
L.O. COLLINS, alias J.O. JOHNSON: Atlanta,Georgia, Criminal Court; June term 1934; possessing liquor; $1750.00 and 12 months and 12 months; Prison Commission recommends probation for full period of 12 months upon payment of a fine of $150.00 in addition to the bond forfeiture paid in case #124506 in the Criminal Court of Atlanta, and also probation for 12 months in case #127759 on payment of a fine of $200.00; clemency granted because the penalties inflicted for like offenses are unequal and appear to be excessive; commuted July 19, 1934.
WILL JONES: Dodge County Superior Court; November term 1933; assault and battery; 9 months; recommended by cmmty officials including Representative of Dodge County,who is the grand~ather of the girl alleged to have been assaulted and by the Judge and Solicitor General and others; conmuted July 20, 1934.
LEHIS ARI-ISTRONG: Cobb County Superior Court; April term, 1934; n1isdemeanor; 12 months; recommended by Judge,Solicitor-General,prosecutor;badly needed as support for his mother; also recommended by Sheriff; co~~uted July 21, 1934.
JOHN ROGERS: Savannah,Georgia,City Court;January term 1934; gambling; 12 monthc; reco~ended by trial Judge; Judge Alex R. t1acDonnell, Ex-Officio Judge City Court of Savannah; very poor physical condition; commuted July 23, 1934.
CLIFFORD REECE: Hall County Superior Court;November term 1933; 1 to 3 yeo.rs; auto larceny; reconmended by Judge; has wife 2nd three small children badley in need of his support; corunuted July 24, 1934.

264

JouRNAL or THE HousE,

KIN JONES: Crisp County Superior Court; January term 1934; shooting at another; 12 months and $100.00; recor.ooended by Judge and Solicitor-General; he has served more than five months with good record; commuted July 25, 1934.
DOCK PRICE: Jonesboro,Georgia,City Court; June term 1934; misdemeanor; three months; recommended by Judge,Clerk of Superior Court,Emergency Relief Administrator and others; has dependent family which is betng partly C8red for by Charitable Organizations; Commuted July 25, 1934.
ARTHUR PADEN: Fulton County Superior Court; January term 1934; burglary; l to 2 years; youth of applica.nt; recommended by trial Judge and Assistant Solicitor-General; commuted July 25, 1934.
LUTHER EBERHARDT: Fulton County Superior Court; March tenn 1934; misdemeanor(ca.rrying pistol); 12 months; recommended by Probation Officer of Fulton. County; Judge Pomeroy Fulton Superior Court and Prison Commission; commuted July 26, 1934.
ARCHIE JOHNSON: Atlanta,Georgia,Criminal Court; June term 1934; operating auto while drunk;$50.00 and 6 months; due to illness of wife and child, Judge Wood approves immediate release; commuted July 26, 1934.
CLAUD PAYNE: Floyd County Superior Court; January term 1934; possessing whiskey; 8 months; recommended by Solicitor General and a number of others, family in needy circumstances; commuted July 26, 1934.
H.A. CRISP: Atlanta,Georgia,Criminal Court; November terw 1933; possessing liquor; 6 months and 6 months; probation on payment of fine of $50.00; recommended by Judge Recorder's Court,East Point and a large number of responsible citizens; commuted July 26, 1934.
Sf~ MULLINAX: Cherokee County Superior Court;

TUESDAY, JANCARY 22, 1935.

265

December term 1933; misdemeanor; 12 months; recommended by trial Judge, Solicitor-General,County Officials, and others; commuted July 27, 1934.
W.E. SINOR: Atlanta,Georgia,Criminal Court; December term 1933; simple larceny and vagrancy; 6 months and 6 months; served one sentence with good record and more than two months of the second sentence; recommended by trial Judge; commuted July 27, 1934.
B.R.(ROY) BROWN: Griffin,Georgia,City Court; May term 1934; driving while drunk; 8 months; Solicitor recommends clemency in order that he may receive treatment at Veterans Hospital; commuted July 30, 1934.
FRP~K H. Foster: Atlanta,Georgia,Criminal Court; April term,l934; wife beating; 12 months; recommended by trial Judge; wife also urges clemency; commuted July 31, 1934.
GEORGE AND JESSIE FERGUSON: Decatur,Georgia,City Court; March term 1934; public drunkenness; 12 months;recornmended by Judge and Sollcitor;commuted August 1, 1934.
L.P. PRINCE: Cherokee County Superior Court; Februa.ry term 1934; misdemeanor; 6 months; recommended by the Clerk of Court,Warden,County Corrnnissioner-and trial Judge; commuted At~ust 1, 1934.
AMOS BENNET1: Muscogee County Superior Court; November term 1933; misdemeanor(involved in fight); 12 months; recommended by trial Judge, SolicitorGeneral and others; corr~uted August 3, 1934.
COY POSTELL: Cook County Superior Court; April term 1934; public drunkenness; 12 months; recommended by Judge,Solicitor,County Officials and warden; commuted August 6, 1934.
OSCAR HEIBD:Bibb Cormty Superior Court;February term 1934;larceny from house;l2 months;recommended by Solicitor-General and Harden;Commuted Aug.6,1934.

266

JouRNAL or THE HousE,

WILL B. BROWN: Atlanta,Georgia,Criminal Court; February term 1934; 6 & 4 mos. misdemeanor; recommended by trial Judge and upon physical condition of applicant as shovm by County physician; corrmuted August 6, 1934.
ED ~CNELIS: Bibb County Superior Court; November term 1933; burglary; 1 to 2 years; reco~nended by chief of Police of Macon,Sheriff; Solicitor General,Warden,Taylor County and Solicitor City Court of Macon and others; cormnuted August 6, 1934.
THELMA. JOINER: Thomasville,Georgia,City Court; March term 1934; Drunk; 12 months; recommended by trial Judge,Solicitor; youth of applicant and has served about 5! months of sentence; commuted Aug 9, 1934.
ROBERT HAWKINS AND JOE HAWKINS: Decatur,Georgia, City Court, May term 1934; misdemeanors; $25.00 or 12 months; recorr~ended by Judge and Solicitor; cowmuted August 9, 1934.
SAM BA~'ES: Decatur,Georgia,City Court; Nay term 1934; trespass; 12 months; recommended by Judge and Solicitor; commuted August 9, 1934
.HJ\RRY GREGORY: Fulton County Superior Court; Feoruary term 1934; larceny automobile; 12 months; recommended by trial Judge and applicant,l7 years of age ha.s served about half of his sentence; commuted August 9, 1934.
HOWARD TOLBERT: Floyd County Superior Court;January term 1931; abandonment; 12 months & 6 months 1n jail or 1 month and $5.00 per week to family; recommended by Solicitor General,Warden and County Physician who states he is in bad physical condition; commuted August 9, 1934.
VAN HARPER: Douglas County Superior Court;Ma.rch term 1934; having liquor; 12 months; recommended by trial Judge and warden; commuted August 9, 1934.

TUESDAY, JANUARY 22, 1935.

267

L.w. SPIVEY: Atlanta,Georgia,Criminal Court; February term 1934; attempted burglary; 8 months; recom~ended by trial Judge,Warden and a number of others; commuted August 10,1934.
A.J. SILER: Atlanta,Georgia,Criminal Court; May term 1934; receiving stolen goods; 12 months; recommended by the Trial Judge; commuted August 10, 1934.
FLOYD PUCKETT: Jonesboro,Georgia.,City Court;December term 1933; abandonment; 12 months or $200.00; recommended by the Sheriff; Warden; by the present Judge of the City Court of Jonesboro,and by the exJudge; commuted August 10, 1934.
GREEN WALTON (WATSON): Richmond County,City Court; June term 1934; misdemeanors; 4 months(3 concurrent cases); recommended by trial Judge and Solicitor City Court; commuted August 13, 1934.
R.A. CARTER: Fulton County Superior Court; February term 1934; larceny of auto; 12 months; destitute circumstances of family; recommended by trial Judge; commuted August 31, 1934.
HARRY STEWJ~T: Atlanta,Georgia,Criminal Court, F'ebruary term 1934; lottery; 4 months or $50.00; recommended by Solicitor; commuted August 14, 1934:
CLEVELAND RUSSELL: Carrollton,Georgia,City Court; I1ay terrn 1934; having liquor; $50.00 and 12 months; recommended by trial Judge and the fine as recommended has been paid,according to a certificate from the Clerk of Court; commuted August 15, 1934.
Rft_YMOND HAYNES,alias BROOKS: Atlanta,Georgia, Cri~inal Court; November term 1933; possessing liquor; 12 months and 12 months; reco~nended by Solicitor,Warden and deputy Warden; commuted August 16, 1934.
JACK WILLIAMS: Gwinnett County,Superior Court; July term 1934; misdemeanors; 12 mos; 12 mos; or

268

JouRNAL oF THE HousE,

$25.00 each case; poor mental and physical condition; recommended by trial Judge; commuted August 16, 1934.
JOHN BOSS: Marion County Superior Court; October term 1933; assault and battery; 15 days in jail and 12 months on gang; poor physical condition; recommended by Chairman of County Commissioners,Clerk or Court and is not opposed by the trial Judge; commuted August 20, 1934.
GROVER MOORE: Carrollton,Georgia,City Court; February term 1934; misdemeanors; $30.00 and 6 months & $50.00 or 12 months; recommended by trial Judge and prosecutor; completed first sentence with good record and entered on second sentence; commuted August 22, 1934.
RICHARD KILLINGSWORTH: Polk County Superior Court; January term 1934; forgery; 12 months;youth of applicant recommended by trial Judge and number of prominent citizens and officials of Alabama; commuted August 22, 1934.
J.H. ADAMS: Atlanta,Georgia,Criminal Court;December term,l933; simple larceny; 12 months; recommended by trial Judge and Probation officer; commuted Augus~ 22, 1934.
JERRy kOONEY: Atlanta,Georgia,Criminal Court; March term 1934; assault and battery; 12 months; recommended by trial Judge and the Probation Officer; needs medical treatment and will enter Government Hospital; commuted August 22, 1934.
IRA L. CARROLL: Macon,Georgia,City Court; September term 1932; violating prohibition law; 12 months; recommended by the Judge,Probation Officer and others; commuted August 27, 1934.
HENRY COCHRAN: Jonesboro,Georgia,City Court; May term 1934; cheating and swindling; 6 months or $40.00; recommended by trial Judge,Warden and others; commuted August 27, 1934.

TuESDAY, JANCARY 22, 193:J.

269

HARRY MAHONEY: Atlanta,Georgla,Criminal Court; January term 1934; larceny from the person; 10 montbs;recommended by the trial Judge and Solicitor; commuted September 7, 1934.
MARY NORTON: Spalding County Superior Court;February term, 1934,publ1c drunkenness; malicious mischief; pistol; 6 months or $40.00; 6 months or $40.00; 4 months or $25.00; recommended by warden, deputy Sheriff; and Jailer; commuted September 7, 1934.
GRADY COBB: Colquitt County,City Court; March term 1934; having liquor 12 months; reco~ended by county Commissioners and a large number of citizen~ his family is badly in need of his support; commuted September 14, 1934.
WILLIAM HALL: Atlanta,Georgia,Criminal Court; January term 1934; Assault and battery; 12 months; recommended by trial Judge,Solicitor and others; commuted September 14, 1934.
EUGENE YOUNG: Fulton County Superior Court;September term 1932; burglary and misdemeanor; 2 years and 6 months to follow; has served his felony sentence with good prison record and has entered service on his misdemeanor sentence; connnuted September 19, 1934.
DENNIS SEGARS: Stephens County Superior Court; October term 1930; assault with intent to murder; $500.00 or 12 months; recommended by County Cammissioners,Solic1tor-General,Sher1ff,Clerk of Court, trial Judge; commuted September 19, 1934.
COSTINE TATE: Blackshear,Georgia,City Court; May term 1934; simple larceny; 9 months; recommended by trial Judge, Solicitor,Clerk of Court,County Commissioner; commuted September 19, 1934.
(H.R.)ROLAND GRAVETT: Polk County Superior Court; March term 1934; possessing liquor; 12 months; recommended by Solicitor General,trial Judge; warden;

270

JouRNAL OF THE HousE,

commuted September 19, 1934. OTIS COOPER: Atlanta,Georgia,Criminal Court;
January term 1934; lottery; 10 months; has served most of sentence and recommended by the Judge and Solicitor of the Criminal Court of Atlanta; commuted September 19, 1934.
THOMAS Er-1ERSON: Fulton County Superior Court; December term 1933; 12 months; recommended by Assistant Solicitor General and trial Judge; commuted September 19, 1934.
HENRY GILBERT: Atlanta,Georgia,City Court; March term 1934; possessing liquor; 12 months; recommended by Solicitor,Warden,Probation Officer and others; commuted September 19, 1934.
EBEN HAMPTON: Richmond County Superior Court, February term 1934; involuntary manslaughter; 12 months; youth of applicant; recommended by trial Judge and Solicitor General; commuted September 19, 1934.
DEWITT PRICKETTE: Fulton County Superior Court; January term 1934; larceny from house; 10 months; good record and recommended by trial Judge; commuted September 19, 1934.
PEARL ROBERTS: Atlanta,Georgia,Criminal Court; May term 1934; possessing whiskey; 6 months; recommended by trial Judge; commuted September 19, 1934.
WALTER V. HANDLEY: Douglas,Georgia,City Court, May term,worthless checks; 9 months each in three cases; good record covering two of the sentences; recommended by the Suptt. at State Farrn,trial Judge and Solicitor; commuted September 20, 1934.
VIVIAN COCHRAN: Fulton County Superior Court; July term 1933; misdemeanor; burglary; 11 months; 2 to 4 years; served first sentence with good record and about three and one half months on the second; youth of applicant and in poor physical

TuESDAY, JANL'ARY 22, 1935.

271

condition; commuted September 20, 1934. JEREMIAH FIELD: Cherokee County Superior Court;
February term 1933; seduction; 5 to 8 years; recommended by prosecutrix,member of the Grand Jury, Clerk of the Superior Court,Sheriff,Ordinary and a large number of leading citizens; commuted September 20, 1934.
TOMMIE LEE COCHRAN: Eastman,Georgia,C1ty Court, Misdemeanor; May term 1934; 12 months; recommended by trial Judge,Solicitor and Sheriff; connnuted September 22, 1934.
ALVIN AND BILL H~ffiY: Decatur,Georgia,City Qourt; July term 1934; having and transporting liquor; 8 months; dependent families; recommended by the Judge and Solicitor; commuted September 29, 1934.
JAMES DANIEL: Atlanta,Georgia,Cr1m1nal Court; March term 1934; stabbing; 8 months; good prison record; recommended by the trial Judge; comrnuted October 1, 1934.
EZELL JA11ES: Atlanta,Georgia,Criminal Court;April term 1934; misdemeanor; 8 months; recommended by the trial Judge and Solicitor; commuted October 1, 1934.
GEORGE SMITH: Atlanta,Georgia Criminal Court; December term 1933; lottery;$100.00 and 8 months in 2 cases; good record; recommended by Judge; connnuted October 1, 1934.
VICTORIA BRADFORD: Cobb County Superior Court; March term 1934; misdemeanor(Public Drunkenness); 12 months; good prison record and she has two small children who need her care; commuted October 5,1934.
A.A. WALKER: Atlanta,Georgia,Criminal Court; July term 1934;6 months;wife beating;good prison record; poor physical condition needs treatment. from Veterans Hospital;commuted October 5, 1934.

272

JouRNAL oF THE HousE,

FANNIE STONECHIPER: Gwinnett County Superior Court; July term 1934; drunk on highway; 12 months; recommended by Sheriff,trial Judge; neither recommended nor opposed by the Solicitor General; commuted October 10, 1934.

JOHN HENRY AUSTIN: Atlanta,Georgia,Criminal Court; April term 1934; assault and battery; 12 and 5 months; recommended by the Solicitor and trial Judge; commuted October 10, 1934.

GUS EDWARD CROW: Fulton County Superior Court; February term 1934; burglary(misdemeanor); 12 months in each of five cases; youth of applicant; recommended by trial Judge and Atlanta Legal Aid Society; commuted October 11, 1934.

EDDIE ~EE GIBSON: Upson County Superior Court; March term 1934; burglary; 12 months; recommended by Sheriff, prosecutor,Solicitor-General,Warden, trial Judge states he has no objection to clemency; commuted October 11, 1934.

RUFUS GAY: Fulton County Superior Court; March

term 1934; burglary; 12 months; recommended by the

prosecutor and trial Judge; commuted October 11,

1934.

.

OTIS HAMMOND: Atlanta,Georgia,Cr1minal Court; May term 1934; pointing pistol; 12 months; recommended by Solicitor; trial Judge and others; commuted October 11, 1934.

JOHN TABAKIAN: Jesup,Georgia,City Court; October term 1933; cheating and swindling; 12 months and 6 months in jail; 12 months sentence completed at State Farm,now in jail; recommended by trial Judge; Solicitor-General; and Solicitor of City Court and number of others; commuted October 12, 1934.

WINSTON THORNTON: Fayette County Superior Court; September term 1933i perjury; 4 years; recommended by trial Judge and ~olicitor General; commuted

TuESDAY, jANUARY 22, 1935.

273

October 12, 1934. PLl.Jl'lMIE LASSETER: l"lonroe County Superior Court;
July term 1934; violating prohibition law; 12 mos; 12 mos. and $75.00; 12 mos. and $75.00 and 12 mos. and $75.00;the last 3 sentences to be suspended on payment of fines; recommended by trial Judge; poor physical condition; commuted October 12, 1934.
:M.L. KING: Fulton County Superior Court; January term 1934; misdemeanor(burglary); 10 months; recommended by trial Judge,deputy Warden;poor physical condition; cowmuted October 15, 1934.
ERNEST HOLMAN: Gwinnett County; Superior Court; Spring term; 1933; burglary and simple larceny; 1 to 2 years and 1.2 months; has completed minimum term of his felony sentence; recommended by county officials; commuted October 16, 1934.
B.L. CLAYTON: Atlanta,Georgia,Criminal Court; November term 1933; possessing liquor; 12 months or $100.00; youth of applicant; recommended by Chief Sturdivant,Warden and others; cowmuted October 17, 1934.
HP~LL WALTER BURDETT: Nevman,Georgia,City Court; Spring term 1934; violating prohibition law; $100.00 fine and 12 months suspended; recommended by trial Judge and Solicitor General; commuted October 19, 1934.
J.E. SANDERS: Bainbridge,Georgia,City Court; December term 1933; violating prohibition law; 12 months; recommended by trial Judge,Sheriff,Solicitor and clerk of Court; Commuted October 19, 1934.
CHA..li.LIE WIGLEY: Floyd County Superior Court; July term 1934; stabbing; 5 months or $35.00; family in destitute circumstances; recommended by Warden and clerk of Floyd County; commuted October 19, 1934.
ODEL EDWARDS: Elberton,Georgia.,City Court; April

274

JouRNAL OF THE HousE,

term 1934; larceny; 12 months; recommended by Commissioner Elbert County and a number of other responsible citizens; commuted October 22, 1934.
WILLIAM MCCLUSKEY: Ben Hill County Superior Court; February term 1934; misdemeanor; 12 months; recommended by trial Judge; Warden and others; commuted October 24,1934.
FLOYD O.tSHIELDS: Fulton County Superior Court; March term 1934; .forgery; 12 months; recommended by prosecutor and trial Judge; commuted October 25, 1934.
LESTER T. LANE: Fulton County Superior Colirt; April term 1934; cheating and swindling; 12 months; and 12 months; Recocrmended by trial Judge,deputy Sheriff and chief Jailer; commuted October 25,1934.
JOHNNIE WILBURN: Carrollton City Court; March term 1934; defacing public buildings; 12 months; youth o.f applicant; recommended by trial Judge and prosecutor; commuted October 25, 1934.
HALSEY BURK: Grif.fin,Georgia,City Court; March term 1934; possessing liquor; 12 months or $225.00; recommended by Solicitor General; County Commissio~ ers,Solicitor City Court and others; commuted October 25, 1934.
MAGGIE WATSON: Swainsboro,Georgia,City Court, May term 1934; drunk on highway; 12 months; recommended by Judge; Solicitor and prosecutor; commuted November 6, 1934.
ARTHUR KIMBLE: Fulton County Superior Court; April term 1934; fornication; 12 months; good record; recommended by trial Judge; commuted November 6, 1934.
H.R.(ROCKEY)Si'liTH: Atlanta,Georgia,Criminal Court,April term 1934; possessing liquor; $250.00 and 12 months suspended; fine has been paid and more than six months o.f said suspended sentence has

TUESDAY, JANUARY 22, 1935.

275

been served; co~uted November 10, 1934. WILBURN EVANS: Peach County Superior Court;April
term 1934; violating prohibition law; 12 months; recommended by Solicitor-General,County Officials,. 'Jarden and others; commuted November 10,1934.
OLIN FOWLER: Greenville,Georgia,City Court; May term 1933; carrying concealed weapon; escape; 12 months and 12 months; destitute condition of family; recommended by officials and a number of other responsible citizens; commuted November 14, 1934.
fu~LPH BENNETT: Elberton,Georgia,City Court;April term 1934; larceny; 12 months; recommended by prosecutor,no opposition in file; commuted November 14, 1934.
GROVER BRIDGES: Polk County City Court; July term 1934; possessing liquor; 12 months; recommended by the trial Judge ,Solie! tor ,I1ayor and others; connnuted November 14, 1934.
L.C.(CARL) STAl<,FINS: Douglas County Superior Court; March term 1934; burglary; 12 months; recommended by trial Judge; prosecutor; and others; commuted November 14, 1934.
J .o. RAJJDALL: Fulton County Superior Court; May
term 1934; possessing burglary tools; 12 months; recommended by trial Judge and Warden; co~nuted November 14, 1934.
GLENN WILLL-\MSON: Atlanta,Georgia,Crlminal Court; June terrn 1934; violating prohibition law; 12 months; recommended by the Solicitor of the Criminal Court; commuted December 12, 1934. Not recommended by Prison Commission.
BILL EVANS AND CLINTON KEMP: Douglas County Superior Court; March term 1934; gaming; 12 months; recomnended by trial Judge and Warden; cornmuted December 12, 1934.

276

JouRNAL 'or THE HousE,

GEORGE HALLER: Hare County; Superior Court; May term 1934; misdemeanor; 9 months; recommended by complaining witness,by officials under whom he served and trial Judge; commuted December 12, 1934.

J .H. GENTRY: Fulton County Superior Court; !"larch tenn 1934; larceny after trust; l to 5 years; recommended by warden and a number of responsible citizens; family in dire need of his support; commuted December 12, 1934.

El"IMET SJLT\JDEES: Fulton County Superior Court; l"Iarch term 1933; larceny of auto; 3 to 5 and 1 year; served nearly two years with good prison record; commuted December 12, 1934; Not recommended by Prison Commission.

BALIS SEWELL: Paulding County Superior Court; August term 1934; manufacturing liquor; 12 months; recommended by trial Judge,Ordinary and family in need of his support; commuted December 12, 1934.

o.J. SAMPLES: Nevman,Georgia,City Court; June
tenn 1934; simple larceny; 11 months; youth,served with good record for more than six months; commuted December 12, 1934.

W.'t'. SHIERLING: Fulton County Superior Court; April term 1934; assault to murder; 1 to 2 years; recommended by the prosecutor and a number of responsible citizens; commuted December 12, 1934.

ROY CLINE: Polk County City Court; June term 1934; assault and battery; 12 months; recommended by trial Judge,Warden and others; cormnuted December 12, 1934.

LEE SHIPr1AN: Dawson County Superior Court; Aug-

ust term 1934; adultery and fornication; 12 months;

reco~nended by trial Judge,Ordinary,Clerk of Court,

Sheriff and deputy Sheriff and trial Jurors; com-

muted December 12, 1934.



H.w. DAY: Hhitfield County Superior Court;April

TUESDAY, jANUARY 22, 1935.

Z1?

term 1934; assault to murder; 2 to 5 years; recommended by Solicitor-General,Cl~rk of Court Sheriff, Ordinary,County Commissioner,Warden and others; commuted December 11, 1934.
W.D. MAJOR: Atlanta,Georgia,Criminal Court; November term 1934;.operating lottery; $?50.00 and 12 months suspended on payment of fine; first offense unable pay fine imposed by court; probation granted on payment of $250.00; commuted December 8, 1934.
NELLIE SIMMONS: Quitman,Georgia,City Court; March term 1934;misdemeanor;l2 montns;recommended by Ordinary; Warden and Sheriff; comauted December ?, 1934.
JM'.IES H. NEWSOME: Fulton County Superior Court; March term 1934;fictitious checks; 12 months; recommended by trial Judge and County Physician states he is in terrible physical condition; commuted December 7, 1934.
GEORGE AND TED KEMP: Walker County Superior Court; May term 1934; manufacturing liquor; 1 to 3 years; recommended by Solicitor General and county officials on payment of fines; commuted December 7' 1934.
ERSKIN STRICKLAND: Walker County Superior Court; February term 1934; manufacturing liquor; $250.00 or three months; recommended by Sheriff, Clerk of Court,Ordinary and other county officials on payment of a reasonable fine; commuted December 7, 1934.
TOi1 BRAY: Eastman,Georgia,City Court; August term 1934; violating prohibition law; 8 months; recommended by Solicitor-, Sheriff ,commissioner Roads and Revenues and others; commuted December 3, 1934.
HAROLD DORSEY: Dodge County Superior Court; May term 1934; burglary and larceny; 12 mGnths and 6 months; recommended by Judge,Solicitor,Sheriff,

2?8

JouRNAL or THE HousE,

Prosecutors,Warden; Commuted December 3, 1934.

BULLY MCLEAD,GEORGE PROCTOR AND GRADY COOK:

Carrollton,Georgia,CitY Court; Misdemeanor(simple

larceny); 6 months; recommended by deputy Sheriff,

member of the General Assembly of Georgia,and oth-

ers; probation granted upon payment of fines; com-

muted November 30, 1934.



HARRY PERKINS: Douglas County Superior Court, March Adjourned term; driving car while drunk; 9 months; served with good record since July 2; recommended by County Co:nunissioners, Harden and guards and Trial Judge; commuted November 28, 1934.

CANON PARK: Newton County Superior Court; March term 1933; violating prohibition law; 12 mo~'ths and 12 months; recommended by Wardens,trial Judge and Solicitor General does not oppose; served with good prison record since March 24, 1933,thereby having completed first sentence and has served several months on second sentence; commuted November 28, 1934.

ARTHUR fULLER: Atlanta,Georgia,Criminal Court; September term 1933; carrying pistol; 12 months; recommended by Solicitor; granted on payment of fine of $75.00 to include costs; Conunuted November 28, 1934.

ARTHUR MILLER: Atlanta,Georgia,Criminal Court; September term 1933; lottery; $500.00 or 12 months suspended sentence; statements from reputable people of Atlanta show he has excellent reputation and has been law abiding citizen; it is felt that Payment of $150.00 and 12 months probation is sufficient punishment for this crime; Cor:rnuted November 28, 1934. Not recomr.lended by Prison Commission.

GUY AND LEE HARRIS: Buford,Georgia,City Court; July term 1934; misdemeanors(public drunkenness disturbing divine serv1ces,assault and battery) $50.00 or 12 months,$15.00 or 3 montllSj $25.00 or

TuESDAY, }ANCARY 22, 193;).

279

6 months; good record; recommended by prosecutor County Commissioners County Offic1als,warden and guards and a large number of c:!.t1zens of Buford; commuted November 28, 1934.
JIM JONES: Waycross,Georg1a,C1ty Court; I:Iarcb term 1934,possess1ng liquor; 6 months and 6 months; good prison record; recommended by trial Judge and officials under whom he has served; commuted November 28, 1934.
STAN MURPHY: Union County Superior Court; April term 1934; misdemeanor; 12 montbs; good record,dependent fan1ilY; recoiTJnended by trial Judge; cormnuted November 26, 1934.
WILLIE WALKER: Ricbmond County.Superior Court; May term 1934; Assault and battery; 12 months;good record; recommended by the Solicitor General; commuted November 26, 1934.
J.E.BOWSEY: Hart County Superior Court; August term 1933; abandonment and having whiskey; 12 months and 12 months;good record for first sentence and practically three months on second sentence; recommended by the Solicitor General,Warden,Chalrman County Corr@issioners and others; commuted November 23, 1934.
J .A. WAGES: Decatur,Georgia,City Court; IIay term 1934; assault and battery; 12 months; good prison record; recommended by Warden,trial Judge and Sollei tor state they have no obJection to wh2.t prison Comn1ission and Governor may do in matter; Commuted December 12, 1934.
OTIS WADE: Soperton,Georgia,City Court; April term 1934; Drunkenness; 12 months; good prison record; recorrrrnended by Judge,Sol1c1tor,Superior and City Court officials,Warden; commuted December 17, 1934.
WALTER JOHNSON: Fulton County Superior Court; March term 1934; carrying pistol without license;

280

JouRNAL oF THE HousE,

12 months; good recordi reco~mended by trial Judge; commuted uecember 17, 934.
ANNIE FIELD: Atlanta,Georgia,Criminal Court;July term 1934; possessing liquor; 6 months; good record for most of sentence and recormnended by trial Judge; commuted December 18, 1934.
BOB &~liTH: Fannin County Superior Court; burglary(larceny of auto) to 4 yrs. December Adjourned term 1933; youth of applicant; good record; recommended by the prosecutor,trial Judge,Solicitor General and a number of other responsible citizens; commuted December 18, 1934.
BOB LP~IER: Gordon County Superior Court; October term 1934; misdemeanor(possessing liquor); 6 months and $75.00 or 12 months; good record;recommended by trial Judge,Sheriff,Ordinary and others; probated on payment of fine of $75.00 and costs; commuted December 20, 1934.
DONALD F. SHEPPARD: Blackshear,Georgia,City Court; August term 1934; simple larceny; 12 months; good record; recommended by County Commissioner, Clerk of Court; Ordinary,Justice of the Peace,trial Judge and others; commuted December 20, 1934.
R.L. PLYA}IT: Fulton County Superior Court; December term 193l;burglary; 12 months or $300.00; good record; clemency recommended by trial Judge and Asstt Chief Probation Officer account dire needs of his family; Comnuted November 28, 1934.
Lft.WRENCE JACKSON: Floyd County Superior Court; October term 1933; driving while drunk; $200.00 and 3 months or 12 months and 6 months in jail; recommended by Sheriff,deputy Sheriff,Warden,member of trial jury and others; corr.muted December 20, 1934.
JOHN HENRY BROWN: Floyd County Superior Court; October term 1933; felony; misdemeanor; 1 to 2 years and 8 months; good prison record for the

TUESDAY, li\N'LTARY 2~, l~D.J.

281

minimum of the first sentence and more than two months on second sentence; recormnended by Solicitor General and others; corrrrnuted December 20, 1934.
EUGENE SHAILS AND LONNIT:!: HALKER; Telfair County Superior Court; June term 1934; larceny; 9 months; recommended by Solicitor Genern.l,Warden,and large number of citizens; although trial Judge does not recommend clemency,he makes no objection; coF~uted December 21, 1934.
LEWIS WATERS: Gwinnett Cou...'1ty Superior Court; September term 1934; manufacturing liquor; 1 year; destitute condition of large family; recommended by county officials Warden trial Judge and Solicitor General; do not oppose; commuted December 21, 1934.
CLIFFORD GOBI:!:R: Atlanta,Georgia,Criminal Court; June term 1934; violating prohibition law; 12 months and 12 months; good record,dependent condition of family; recommended by Judge,Solicitor and Probation Officer; corr.muted December 21, 1934.
GEORGE BE'l'ENCOURT: Atlanta, Georgi a, Criminal Court,March term 1934; possessing liquor; $750.00 and 12 months; good record and recormnended by Judge and Solicitor; corrmmted December 21, 1934.
G.W. SINIAHD: Colquit County,City Court; November term 1933; abando~~ent; 12 months in 5 cases; Needy condition of family,must support wife and children,otherwise probation will be revoked;good record for more than a year; recommended by Sheriff, Ordinary and deputy Clerk, Solicitor of City Court has no objections; commuted Decemher 22, 1934.
LEVI MORRIS: Dublin,Georgia,City Court; :-I<:rch term 1934,selling whiskey; 12 months; good record; recow~ended by Solicitor,Solicitor-CJcneral,trial Jurors and others; corrmmted December 22 1 1934.
H.H. HI_RDEN, alias \-J ._iACI\.St~.l~: Bibb and Baldwin Counties Superior Court; J~mmTy Adjourned term 1930; forgery; 12 oonths; 12 months; 3 years; 12

282

JouRNAL OF 'f.HE HousE,

months and 12 months; completed two of the misdemeanor sentences and the felony sentence with good prison record; no opposition appears in the file; commuted December 28, 1934.
T.H. BENNETT: Blackshear,Georgia,August Term 1933; City Court; cheating and swindling; $400.00 or 9 months; recommended by trial Judge and is not opposed by the Solicitor; commuted January 4, 1935.
EMMETT Ch~: Douglas County Superior Court; March term 1934; Operating auto while intoxicated; 12 months or $50.00 and costs; good prison record for about nine months; recommended by trial Judge, County Commissioner, Warden and guards; commuted January 4, 1935.
JOE ODUM: Coffee County Superior Court; October 1922,0ctober Adjourned term 1933; burglary felony; 3 to 7 years and 4 years; family in very needy circumstances; recommended by county Officials,County Cornmissioners; prosecutors,warden,trial Judge and large number of responsible citizens; commuted January 9, 1935.
JOE HARPER: Macon,Georgia,City Court,July term 1934; simple larceny; 12 months or $60.00; youth of applicant,recommended by Solicitor City Court; Warden and Probation Officer; commuted January 9, 1935.
LEE MOliROE: Bainbridge Georgia,City Court; June term 1933; bad checks; 6 months; 6 months; 6 months and 6 months; good prison record for more than two of the sentences; recommended by Warden; family dependent upon him for support; commuted January 9, 1935.
J.C. CARITHERS: Newnan,Georgia,City Court,March term 1934; simple larceny; pistol without license; 12 months and 12 months; good prison record,youth of applicant; recommended by Judge, Sol1citor,Warden County officials and others; commuted January 9, 1935.

..

TUESDAY, jANUARY 22, 1935.

283

ROBERT TIMBS: Newnan,Georgia,City Court; January and tlarch term 1934; 12 months & 12 months malicious mischief simple larceny; good prison record, youth ot appiicant; recommended by Warden,and affidavit appears in tile tram Bob Thomas who states that he is responsible tor last ottense; commuted January 9, 1935.
LEROY CRAWFORD: Decatur,Georgia,tlay tenn 1934, City Court; violating prohibition law; 12 months suspended sentences; good prison record; recommended by Warden, Judge, Solicitor and large number ot citizens ot DeKalb County; commuted January 9,1935.
DUREN FARMER: DeKalb County Superior Court;June term 1934; kidnaping; 12 months; good record,recommended by Solicitor General, Judge,Warden,County Commissioner and others; Commuted January 11, 1935.
E.w. CARROLL: Fulton County Superior Court;July term 1934; larceny from auto; 12 months; good record;recommended by Solicitor-General,Warden and is not opposed by the trial Judge; commuted January 11, 1935.
WES PARKERSON: Eastman,Georgia,Ci ty Court; I"..a.y term 1934;.violating the Prohibition law; 6 months; recommended by Judge and Sheriff; commuted September 17, 1934; Not recommended by the Prison Commission ..
PAROLES ALL PAROLES RECOMMENDED BY PRISON COMMISSION
EXCEPT WHERE STATED. JERRY BASS: Emanuel County Superior Court; January 1930 term; tlurder; Lite Imprisonment; recomwen~ed by trial Judge,Solicitor General;county ott1c1als and jurors; commuted January 31, 1933 ., .J:.G. BELK: Spalding County Superior Court; June term 1931; tlisdemeanor; six months; 3 to 5 years; recommended by the trial Judge,jurors,county Otti-

284

JouRNAL or THE HousE,

cials,county police and Warden of Spalding County; co~~uted February 11, 1933.
JOE BRADFORD: Fulton County Superior Court; August 1925 term; 1-lurder; Life; recommended by county officials,county commissioners,citizens of Elbert County,Harden,guards and physician of Madison County where applicant has served this sentence; commuted January 26, 1933.
CHARLES BRYAN: Chatham County Superior Court; May term,l928; Forgery; 5 years and 5 years;Parole is granted in this case due to the following reasons; Good prison record since June 7, 1928; recommendation of Warden, trial Judge and several citizens of Chatham County; commuted January 9, 1933.
IVORY COLBERT: Early County Superior Court; October term,l931; Burglary; 1 to 2 years; The applicant,Ivory Colbert,having served some time in jail is entitled to parole; commuted January 14,1933.
ERlJEST ROBERSON: Wayne County Superior Court; November term,l931; Simple Larceny; 2 years2 years and one day; Parole is granted in this instance due to youth of the prisoner; good prison record, and recommendation of clemency by the Solicitor-General and the Warden under whom he served; commuted January 6, 1933.
HOLLIS H. HORTON: Burke County Superior Court; November 1928 term; Murder; Life; Parole is granted for the following reasons: Good prison record; Solicitor-General of the Ogeechee Judicial Circuit; county officials,Representative of Jenkins County; the Warden under whom he served and others who have known him during his service,recommending. Commuted February 9, 1933.
JAMES KING: Chatham County Superior Court; April term 1925; Burglary; 10 to 20 years; Parole is granted on account of good prison record. Also, recommendation of Sheriff of Chatham County,Wardens

TuESDAY, jANuARY 22, 1935.

285

under whom the prisoner served,Solicitor-General and others. Commuted Febrtlary 3, 1933.
JOE R4.Y: Fulton County Superior Court; January term 1932; Burglary; Two years; This parole is granted on account of good prison record. Recommended by Sol1c1tor-General,\<\.18.rden under whom he has served, Capt. of Police of Southern Railway and Judge E.D. Thomas; Cormnuted Februa.ry 3, 1933.
ABE SINGLErl'ON: I1i tchell County Superior Court; April term 1920, Hurder; Life; Parole is granted on account of good prison record. Recornr.1ended by trial Judge,Hon. R.C. Bell, County officials of Mitchell Cotmty and the warden under whom he served. Co:r.rrnuted January 26, 1933.
EUGEI-.'E FRANKLIN: l'Iarion County Superior Court; April term 1930, Vel-Manslaughter; 15 to 20 years; Parole granted for good prison record. Reconrrnended by trial Judge,Hon. C.F. I'IcLaugnlin and the Commissioners of Marion County; commuted January 26,1933.
NELSON THOHPSON: Fulton County Superior Court; March term 1927; assault to murder; eight to 10 years;Parole granted on account of good prison record of five and one-half years.Recommended by triBl Judge. Hon. John D. Humphries,and Solicitor-General Hon. John A. Boykin. Corn..'Tiuted January 26, 1933.
HAROLD WILLIAMS: Fulton County Superior Court; January term 1932; Robbery; 2 to 3 years; Good prison record. Recommended by trial Judge,Hon. Virlyn B. Moore; Commuted January 27, 1933.
c.v. OLIVER: Fulton County Superior Court; Nover~
ber term 1930; Possessing burglars tools; 3 yea.rs; Hecommended by the Solicitor-General in order that he may be admitted to Goverrunent Hospital for treatment; by the Warden under whom he served. World War Veteran. Cormnuted February 9, 1933.
REEDY STRICl~LND: Evans County Superior Court; April term 1931; Assault to l'lurder; 2 to 3 years;

286

JouRNAL or THE HousE,

Recommended by the trial jurors, trial Judge,Solicitor-General and the County Officials; I concur in the recommendation of the Prison Commission. Commuted February 11, 1933.
ED PHILLIPS: Glascock County Superior Court; February tenn 1928; Vol-~1anslaughter; 10 to 12 years; Good record since 1928; Clemency recommended by the trial jurors,county officials and warden and guards under whom he served; His family is in destitute circumstances; Commuted February 14, 1933.
WILL ROBINSON: Fulton County Superior Court; May term 1925; Murder; Life; This defendant has served approximately eight years with good prison record, sworn statement of official court reporter says trial Judge, now dead, made statement that he had serious doubts of defendant's guilt; Commuted February 14, 1933.
CJI..RL LANCASTER: Fulton County Superior Court; January term 1928; Rape; 10 to 20 years; From all the facts as contained in the file,including the brief of evidence in the case,and good prison record of this defendant,I concur in parole; commuted February 15, 1933.
ROBERT PUTN.AM: Fulton County Superior Court; July term 1929; Misdemeanor & Robbery; 11 months and4 to 6 years; Records show prisoner entered service October 23, 1929,and completed his misdemeanor sentence August 9, 1930,served with good record since that time. Clemency is recommended by the trial Judge; Commuted February 15, 1933.
ALBERT NIX: Muscogee County Superior Court;June term 1918; Murder; Life; Facts in this case are that the prisoner was only seventeen years of age at the time of conviction. He has served more than 14 years with excellent record,according to statements by wardens under wfiom he has served. Clemency recommended for him by a large number of citizens and county officials. Commuted February 16, 1933.

TUESDAY, JANt!ARY 22, 1935.

287

OVERTON STARKEY: Floyd County Superior Court; July term 1929; Burglary; 5 to 10 years; recommended by the Solicitor-General and others; served since August 1, 1929 with good prison record. Commuted February 16, 1933.
BOWDON RAGSDALE: Plke County Superior Court; February term 1930; Embezzlement; 7 years; Good record since March 8, 1930; Clemency is recommended by number of citizens and has offer of a job upon release. Family destitute; Commuted February 17, 1933.
CLARENCE WRIGHT: Jenkins County Superior Court; November term 193l;Assault to Murder; two years; Good prison record; recommended by Solicitor-Gener~ al, Judge of City Court of Millen, County Commissioners and County Officials and Solicitor City Court of Millen; Commuted January 19, 1933.
W.T. SMITH: Coweta County Superior Court; September term 1928; Vel-Manslaughter; ten to fifteen years; Good record of long service and clemency recommended by trial Judge and Solicitor-General, citizens and Foreman of Jury; Commuted January 19, 1933.
T.F. MADDEN: Walker County Superior Court; August term 1925; Murder; Parole; Good prison record since 1925. Clemency is recommended by a large number of citizens familiar with the circumstances of the crime,by county officials,Hon. Jas.F. Kelly, who was Solicitor-General at that time. ~tr. Kelly says he is now doubtful if Dr. Madden is guilty. Bvidence against Dr. Madden was given by a woman of bad character and she was perhaps guilty of perjury. Dr. Madden's wife in bad health and bad financial condition. Commuted February 23, 1933.
HOLLIE ODUM: Wayne County Superior Court; November term 1931; Simple larceny; 2 years; Good prison record since December 3, 1931. Clemency is recommended by all of the trial jurors,warden and others. Wife and children destitute; Corrmuted Feb. 23, 193~

288

JouRNAL oF THE HousE,

ALVIN WATSON: Madison County Superior Court; September term 1929; Assault to murder; 5 to 7 years; Good record with exception of one escapebeing recaptured next day. Clemency recommended by the trial jurors,large number of citizens of Madison County, Solicitor-General does not object. 18 years of age at time of conviction. Commuted February 21, 1933.

ANDREW MILLER: Jones County Superior Court; October term 1923; Murder; Life; Good record(prison since November 1, 1924). Clemency recommended by the trial Judge,county officials,county commissioners,trial jurors, warden under whom he served, and others; Commuted April 6, 1933.

GURLEY ZACHARY: CJweta County Superior Court; November term 1931; Simple Larcenyi 2 to 5 years; good prison record since November 8, 1931. Clemency recommended by the trial Judge, Sol1citorGeneral,County officials and warden under whom he served; Commuted April 6, 1933.

CLYDE PHILLIPS and ROY PHILLIPS: Hart County Superior Court; Fall term 1931; l"'fg. liquor; 2 to 3 years; served with good record since October 23, 1931. Clemency recommended for them by wardens and most of the trial jurors,number of citizens of Hart County. Commuted April 6, 1933

. W.H. DUBOSE: Fulto:A. County Superior Court; March term 1932; Larceny-Auto; 2 to 5 years; served with good record since March 21, 1932. Clemency recommended by Solicitor-General and officials under whom he has served; commuted April 6, 1933.

B.B. BLACKSTOCK: Fulton County Superior Court;

January tern1 1931; Burglary; 1 year and 3 to 5

years; served one year sentence and served since

January 9, 1932,on the other. Clemency recommended

by Judge Virlyn B. Moore, the trial Judge; Commuted

April 6, 1933.



ROSA BUTLER: Chatham County Superior Court; Oc-

TuESDAY, jANUARY 22, 1935.

289

tober term 1923; Murder; Life; Good prison record since December 3, 1923. Clemency recommended by several citizens,Solicitor-General who tried the case. Commuted April 4, 1933.
ARTHUR ALEXANDER: Spalding County Superior Court; January tenn 1926; Murder; Life; good prison record since September 26, 1927. Now confined at the tubercular hospital,State Prison Farm. Clemency recommended by physicians in charge and by county commissioners,and County Officials of Fayette County in order that he might be sent to Government Hospital,being a World War veteran. Commuted March 30, 1933.
E.L.(BUDDIE) WORTHAN: Paulding County Superior Court; Spring term 1931; Vel-Manslaughter; 3 to 5 years; Clemency recommended by the trial jury,trial Judge, a number of officials and citizens of Paulding County,and present Judge,Hon. J.R. Hutcheson; Commuted March 30, 1933.
FRANK SEWELL: Carroll County Superior Court;October term 1931; Burglary; 2 years; Clemency recommended by the prosecutors; county commissioners and warden state he has made model prisoner,trial Judge states that he has no objection to clemency; Commuted March 30, 1933.
A.Z. MALONE: Spalding County Superior Court;May term 1931; Robbery; 10 years; Good prison record since May 11, 1931, young negro boy 17 years of age at time of conviction. Clemency recommended by the trial Judge, Sol1c1tor-General,Clerk SUperior Court, Sheriff and Foreman of the Jury. Commuted March 30, 1933.
MAURICE ROOKS: Miller County Superior Court;AprU term 1930; Val-Manslaughter; 10 to 20 years; Good prison record since June 23, 1931. Young white man, only 19 years of age at the time of conviction. Clemency recommended by the trial Judge,trial jurors, county officlals,grand jurors,and large number of citizens. Commuted March 30, 1933.

290

JouRNAL or THE HousE,

DUDLEY WILLIAMS: Lee County Superior Court; May term 1930; Vol-~anslaughter; 5 to 10 years; Clemency recommended by the Sol1citor-General,prosecutor, trial jurors,county officials and others. Commuted March 30, 1933.
'vJILLIE STEPHENS, alias EARL DEAN: Walker County Superior Court; February term 1932; Forgery and uttering forged check; 3 to 4 years in 2 concurrent cases; Good prison record since February 22, 1932. Wife and children needs his support. Clemency urged for him by the party whose name was forged,Clemency recommended by number of citizens of Walker County and Alabama and Solicitor-General,Hon.M. Neil Andrews. Commuted March 30, 1933.
JIM BENTON: Newton County Superior Court; January term 1920; Murder; Life; Good prison record for 13 years,and clemency is recommended by the trial Judge,Hon. John B. Hutcheson; Commuted March 30, 1933.
DONEL L. WYLIE: Fulton County Superior Court; November term 1931; Larceny Auto; 2 years(3 concurrent cases); Good prison record since November 18, 193l,Clemency recommended by Solicitor-General and trial Judge and others; Commuted March 30,1933.
J .G. GARVIN: Fulton County Superior Court; May term 1931; Vel-Manslaughter; 2 to 5 years; Clemency recommenced by all the trial jurors,tho SolicitorGeneral and Assistant Solicitor-General,not opposed by Judge G.H. Howard, who says defendant was sentenced by the jury. Commuted March 30, 1933.
J.E. PETTY: Fulton County Superior Court; September term 1931; Burglary; 2 to 5 years; Clemency recommended by Fulton County Warden and trial Judg~ Hon. John D. Humphries; Commuted March 30, 1933.
ROBERT CARRACTOR,alias ROBERT JACKSON,alias ED JACKSON: Fulton County SUperior Court; March term 1927; Robbery; 8 to 15 years; Clemency recommended by the trial Judge; Commuted March 16, 1933.

TUESDAY, jANUARY 22, 1935.

291

ROBERT COLEY: Dooly County Superior Court; August term 1924; Murder; Life; Clemency recommended under Whom he has served; county officials,trial jurors and others,poor physical condition; commuted March 16, 1933
J .B. CANTRELL: Fulton County SUperior Court; January term 1932; Burglary; 2 years; Clemency recommended by the trial Judge,Solicitor and others. Family in needy circumstances; Commuted March 15, 1933.
CHARLIE MI}ffi: Lincoln County Superior Court; October Adjourned term 1925; Murder; Life; Clemency recommended by jurors,county officials,Representative Lincoln County,Trial Judge,Solicitor-General and a number of citizens; Commuted March 14, 1933.
SON JOHNSON: Bibb County Superior Court; April term 1916; Murder; Life; Clemency is recommended by the Warden under whom he served. No opposition appears in the record; Commuted March 14, 1933.
EDWARD PARTRIDGE: Lamar County Superior Court; Fall term 1929; Robbery; 6 yearsl Clemency recommended by the Solicitor-General,Hon. Frank B. Willingham,Judge G. Ogden Persons,County Officials, County Commissioners, warden and County PhYSician of Morgan County and others; Commuted March 13, 1933.
DAVE CROWDER: Jeff Davis County Superior Court; Fall term 1924; Vel-manslaughter; 20 years; Good prison record more than 8 yrs,physical condition bad,Clemency recommended by County Physician,Warden, County Officials and citizens and from Tift County; Conunuted March 9, 1933.
JAMES WITTKA!1P,. alias FRED BURNS: Fulton County Superior Court; January term 1932; Larceny of auto; 3 to 5 years; good prison record. Clemency recommended by Judge and Solicitor-General,prisoner in bad health; Commuted March 9, 1933.

292

JouRNAL oF THE HousE,

ED BOYD: Upson Co.,Superior Court; November term 1929; Misdemeanor and Vel-manslaughter; 12 months and 15 years; Served 12 months misdemeanor; Clemency recommended by the trial Judge,Solicitor-Genera~ jurors,Clerk of Court and other county officials and responsible citizens and warden; Commuted April 19, 1933.
DWELLIE PERKINS: Jenkins Co., Superior Court; March term 1913; Murder; Life; Circumstantial evidence,poor health,confined in tuberculosis hospital at Milledgeville. Clemency recommended by P.I.P. Edenfield,Deputy Sheriff and now Ordinary,J.J. Edenfield Sheriff at time of arrest,Clerk Superior Court, Jurors and others. Trial Judge dead; Commuted April 20, 1933.
JEFF SANDERS: Harris Co., Superior Court; July term 1922; Murder; Life; Recommended by wardens & guards where he served more than 10 years; county cornmissioners,number of citizens and the trial Judge; Commuted April 20, 1933.
ANNIE B. SANDERS: Fulton Co., Superior Court; September term 1931; Robbery; 4 to 10 years; Clemency recommended by Hon. John A. Boykin, SolicitorGeneral; Judge John D. Humphries and the Warden; Commuted April 20, 1933.
WALTER MCMANUS, alias W.F. HUDSON, alias J.T. CARROLL: Fulton and Coweta Counties,respecttully; Superior Court; Spring term 1925; Larceny of Auto~ simple larceny; 1 to 5;1 to Sand 5 years; Clemency recommended by Solicitor-General on assurance he will be employed,contract of employment on file; Commuted April 14, 1933.
W.H. alias BOSS MARTIN: Muscogee County Superior Court; February term 1932; Burglary; 2 to 5 years; Clemency recommended by the trial Judge, Warden and guards and a number of others; Commuted April 13, 1933.
SAM BUCHANNAN: Floyd County Superior Court; Jan-

TUESDAY, jANUARY 22, 1935.

293

uary term 1922; Murder; Life; Clemency recommended by the Solicitor-General; trial Jurors,County Officials and others; For these reasons I concur; Commuted April 20, 1933.
FERNANDO BROXTON: Ware County Superior Court; September Special term 1919; Murder; Life; Clemency recommended for him by trial jurors,County Officials the trial Judge and a large number of citizens of ware County; Commuted April 20, 1933.
JAMES CARMACK: Muscogee County Superior Court; February term 1932;Burglary; 2 to 5 years; Clemency recommended by trial Judge, Hon. c.F.McLaughlin, warden and guards under whom he has served and others; Commuted April 13, 1933.
RALPH BAKER: Walker County Superior Court; April term 1923; Murder; Life; Boy of fourteen at time of conviction, convicted with his brother who was electrocuted and who was the leader in the crime. Clemency is recommended for him by trial jurors. Ordinary,officials under whom he served,trial Judge and number of reputable citizens. Health bad and not able to work. Commuted April 13, 1933.
JAMES LUKE: Fulton County Superior Court; March term 1927; Durglary; 5 to 10 and 5 to 10 years; Good prison record since May 5, 1927; Commuted April 27, 1933.
J .M. LAND: l"luscogee County Superior Court; August term 1931; Vel-Manslaughter; 3 to 4 years;Poor physical condition ,clemency is recommended by a large number of citizens of Muscogee County where the crime was committed; Commuted April 28, 1933.
J .E.ALLEN: Fulton County Superior Court; Robbery; 4 years; Clemency is recommended by Solicitor-Gene~ ~1 John A. Boykin,trial Jurors and others; Commuted April 29, 1933.
GEORGE CLARK, alias F.E. ETHERIDGE: Fulton County Superior Court; January term 1932; Robbery; 3 to

294

JouRNAL or THE HousE,

4 years; Clemency is recommended by the trial Judge and Solicitor-General,officia.ls under whom he has served and others; Commuted May 1, 1933.
w.M. SMITH: Heard County SUperior Court; September term 1928; Murder; Life; From the record in this case it appears that this was a case of manslaughter,if not justifiable homicide. The affidavit of Mr. A.J. Paschal,which was not in evidence at the trial would,in my opinion,had it been submitted to the trial jury made a case of manslaughter or justifiable homicide; Commuted May 1, 1933.
ANDY HIGGINS: Milton county superior court; August term 1926Murder; Life; Clemency is recommended by the triai Judge,Solicitor-General,Warden under whom he has served,prosecutor and a large number of citizens; commuted May 2, 1933.
PHILLIP.E. FOX: Fulton County Superior Court; Novemoer term 1923; Murder; Life; Record unexcelled by any prisoner who ever served in the penal system of the State. Work intelligently performed, valuable to the State,co-operated with authorities and very valuable in influence upon other prisoners at the State Farm. Recommendations too numerous to quote (in file) high character prior to conviction; Conmmted May 2, 1933.
CLIFF ARNOLD: Fulton County Superior Court;September term 1931; Car breaking; 2 to 4 years; Clemency is recommended for him by the trial Judge and Solicitor-General; Commuted May 3, 1933.
LUCIUS RAWLS,alias MORTON RAWLS: Wilcox County Superior Court; July term 1928; Murder; Life; Clemency is recommended for him by trial jurors, county commissioners and the Solicitor-General; Commuted May 3, 1933.
FLOYD LUMPKIN: Thomas County Superior Court; November term 1929; Simple Larceny; 5 yearsClemency recommended by county officials,the soiicitorGeneral and the warden; Commuted May 3, 1933.

TUESDAY, jANUARY 22, 1935.

295

ROBERT KEITH: Fulton County Superior Court; January term 1924; Murder; Life; Clemency is recommended for him by the Deputy Warden under whom he has served and by the Chairman of the Board of County Commissioners of Fulton County,both state his record has been excellent; Commuted May 5, 1933.
PAUL CULPEPER: Habersham County Superior Court; March term 1932; Burglary; 2 to 5 years; One excape,returned the same day. Clemency is recommended by the trial Judge,Solicitor-General,Prosecutor and others. Commuted May 5, 1933.
CHARLIE ROBERSON: Emanuel County Superior Court; Spring term 1925; Assault to Murder; 9 to 10 years; Good prison record since May 1, 1925,w1th the exception of one escape and was returned two days later; Commuted May 13, 1933,
ROBERT CARTER: Fulton County Superior Court;November term 1924; Manslaughter; 15 years; Entered service December 23, 1924,served more than eight years with good prison record; Commuted May 15, 1933.
DENNIS SEAY: Upson County Superior Court; February term 1924; Murder; Life; Clemency is reccmmended by the mother and father of the woman kille~ by the trial Judge,Warden under whom applicant has served and trial jurors; Commuted ~hy 16, 1933.
GEORGE SANFORD: Troup County Superior Court; November term 1931; Burglary; 5 years; Clemency is recommended by the trial Judge and Solicitor-General. Commuted May 16, 1933.
EDDIE BROWN: Monroe County Superior CourtjAugust term 1927; Murder; Life; Clemency is recommended by trial jurors,county officials,grand jurors and a number of responsible citizens; Commuted May 16, 1933.
LESTER B. LITTLE: Morgan County Superior Court; October term 1927; Murder; Life; Clemency is recom-

296

JouRNAL OF THE HousE,

mended for him by several of the trial jurors,wardens under whom he has served and several hundred citizens of Morgan County where the crime was commited; Connnuted !1ay 20, 1933.
T.L. MA.RTIN: Fulton County Superior Court; July term 1930; Vol-I1anslaughter; 12 to 15 years;Clemency is recommended by a large number of citizens of Butt~ County,warden and guards under whom he has served and a number of other responsible citizens, and the trial Judge; Connnuted May 24, 1933.
J.F. BRYANT: Walker County Superior Court; May term 1931; Vol-tlanslaughter; 5 to 7 years; Clemency is recommended for him by the Solicitor-General, County officials and others; Commuted May 24, 1933.
J.D. BAILEY: Hall County Superior Court; May term 1929; ~rurder; Life; Clemency is recommended by the trial jurors,Solicitor-General,Judge, warden under whom he is servtng,county officials and a large number of citizens; Commuted May 24, 1933.
E.V. MOON: Floyd County Superior Court; January term 1932; Burglary; 2 to 3 years; Recommended by the Solicitor-General,Hon. M. Neil Andrews, officials lillder whom he has served and citizens and officials of Floyd County; Commuted May 25, 1933.
LUTHER TYRE: Wayne Colllty Superio~ Court; November term 1931; Simple larceny; 2 to 2i years; Wife and two children in need of his support. Clemency is recommended by the warden under whom he has served, and by a large number of citizens and officials of Wayne County; Commuted May 25, 1933.
GgORGE WALLER: Campbell County Superior Court; February term 1926; Murder; Life; Clemency is recommended by several of the trial jurors,the Judge and Solicitor-General and officials under whom he has served,and is in poor physical condition; Commuted May 25, 1933.
BUD MATTHEWS: Barrow County Superior Court;April

TUESDAY, JANUARY 22, 1935.

term 1931; Burglary; 3 to 4 years; Clemency is recommended by the prosecutor,Clerk of Court,Sheriff of BB~row County; Commuted May 25, 1933.

W.M. KlliBRELL: Fulton County Superior Court;January term 1932; Car-breaking; 2 years; Clemency is recrnnmended by the trial Judge,Solicitor-General, by the County Commissioner and officials under whom applicant has served and others; Commuted May 25, 1933.

C.P. PEYTON: Fulton County Superior Court;November term 1931; Larceny of auto; Two small children very much in need of his support,good prison record with the exception of one escape. He was recaptured two days later; Commuted May 25, 1933.

MARTHA DAVIS: Ware County Superior Court; Fall term 1929; Vel-Manslaughter; 8 to 20 years; good prison record,recommended by Mr. J.T. Hiers; Commuted June 6, 1933.

JOHN A. ROGERS: Coffee County Superior Court;

Spring term 1924; Murder; Life;Health very bad,true

epileptic,recommended by D. Dickerson,Drs.Richard

the prison Binion and

Sou.cp.t.,WJuododgse,

M.

State Farm Physicians state that he is deterioating

very badly and his mind is very bad,splendid war-

record-harmless; Commuted June 6, 1933.

C.G. GENTLE: Fulton County Superior Court;Robbery; January term 1932; 5 years; Clemency is recommended by a number of reputable citizens and Solicitor-General John A. Boykin will make no opposition to this man being paroled or probate;Commuted June 6, 1933.

CURTIS WESLEY, alias JACKSON: Fulton County Superior Court; April term 1930; Burglary; 2 to 5, 3 to 5 years; Good prison record with the exception of one escape and he was recaptured the same day; Commuted June 7, 1933.

L.L. CHADWICK: Fulton County Superior Court;Nov-

298

JouRNAL OF THE HousE,

ember term 1932; Larceny of auto; 3 to 5 years;

Clemency is recommended by both the trial Judge

and the Solicitor-General; Commuted .rune 7, 1933.

.

.

L.GUY BOOZER: Fulton Coun~y Superior Court;Fall

term 1930;Larceny of auto2 to 5;1 to 5jl to 5 &

1 to 5 years; On recommendation of tne trial Judge

and the Solicitor-General and satisfactory showing

that this man will be furnished employment when

released; Commuted June 7, 1933.

DEWITT GILLIARD: Blackley County Superior Court; Spring tenn 1919, November term 1929, Dodge Superior Court; MUrder,Manslaughter; Life,lO to 15 year~ Clemency is now recommended by the trial Judge, Solicitor-General and Warden and it appears that clemency should be extended at this time; Commuted June 7, 1933.

JOHN HENRY WILLIAMS: Early County Superior Court;

October Adj. term 1926; Murder; Life; Clemency is

recommended by the trial Judge,Warden under whom

he is serving,county officials of Early County and

County Commissioners,trial jurors and others; Com-

muted June 8, 1933.



WILL SWAIN: Tattnall County Superior Court;October Adj. term 1924; Murder; 1ife; Clemency is recommended by the trial Judge,Hon. J. Saxton Daniel,warden under whom he has served,county officials and a large number of citizens; Commuted June 8, 1933.

J.B. ASHLEY: Richmond County Superior Court;oc-

tober term 1930; Uttering forged checks; 5 years;

Recom~ended by Hon. George Hains,Solicitor-General,

and by a large number of citizens,Representative

of L.

RFricahnmkloinnd,(CJouudngtey~

and no

county officials. Hon. A. objections;Commuted June 9,

1933.

.

BILL COWARD: Long County Superior Court; September term 1931; Assault to murder; Recommended by the trial Judge and is not opposed by the Sol1cito:rt-

TUESDAY, JANUARY 22, 1935.

299

General; Commuted June 9, 1933. IRA LANIER: Candler County Superior Court; Aug-
ust term 1924; MUrder; Life; Clemency is recommended by Judge R.N. Hardeman, the trial Judge. The Solicitor-General who prosecuted the case is dead; Commuted June 12, 1933.
CHP~LIE HARDY: Thomas County Superior Court; Fall term 1929; Burglary; 7 to 12 years; Clemency is reco~nended for him by those under whom he has served and by the prosecutrix,warden says he is a good negro; Commuted June 12, 1933.
OTIS ill~D LEE ROGERS: Johnson County Superior Court; March term 1924; Murder; Life; Clemency is recommended by the trial Judge, J.L. Kent, and by the present Solicitor-General J.A. Merritt; Commutted June 12, 1933.
ROSCOE PHILLIPS: Emanuel County Superior Court; Murder; Life; July term 1923; Clemency is recommended by the trial Judge,Assistant Solicitor-General, Warden,Sheriff of Emanuel County,and other county officials and tria.l jurors; Commuted June 10,1933.
GEORGE ROE: Floyd County Superior Court;January term 1932; Burgla.ry; 2 to 3 years; Recommended by the Solicitor-Genera.l,and the warden and guards under whom he has served; Commuted June 20, 1933.
MOLLIE COBEY: Worth County Superior Court; May term 1929; Vol-Hansla.ughter; 10 years; Recommended by the Solicitor-General who prosecuted defendant, by County commissioners,county officials,Judge of the City Court of Sylvester and others; Commuted June 20, 1933.
JOHN A BRADLEY: Thomas County Superior Court; April term 1931; Simple larceny; Hog Stealing; 12 months,4 yea.rs; Recommended by the Solicitor-General,warden under whom he has served,Judge Roscoe Luke and others; Commuted June 21, 1933.

300

JouRNAL oF THE HousE,

TIMP SI1~IELD: Meriwether County Superior Court; August term 1926; Vel-manslaughter; 10 to 20 years; Recommended by Clerk of Court and former Sheriff of !1eriwether County,Hon. Wm. Y. Atkinson,the Solicitor-General; Commuted June 21, 1933.
LEONARD STEWART: Muscogee County Superior Court; February term 1931; Robbery; 4 to 10 years; Recommended by the trial Judge, Solicitor-General and others; too drunk to participate in the crime; Commuted June 22, 1933.
J .c. HANKINSON: Fulton County Superior Court;
April term 1929; Felony(fictitious checks); 2 to 5; 2 to 5; and 2 to 5 years; Clemency is recommended by the trial Judge,warden,camp physician~Earties who were injured and others; Commuted June G6,1933.
JIM SANDERS: Fulton County Superior Court; September term 1931; Robbery; 4 to 10 years; Recommended by the foreman of the jury and the trial Judge and Solicitor-General; Commuted June 24, 1933.
E.O. ABLES, alias "SLICK": Pike County Superior Court; July term 1931; Assisting prisoner escape; 3 to 5 years; recommended by the warden, a number Df responsible citizens,both of this State and Florida; Commuted June 29, 1933.
HENRY IVEY: Macon County Superior Court; May term Hl30; Vel-Manslaughter; 7 to 12 years; Recommended by the trial jurors,warden under whom he has served and a large number of citizens of Macon County; Commuted June 29, 1933.
ED Silir"IONS: Thomas County Superior Court; April term 1926; Vel-Manslaughter; 10 to 12 years; Clemency is recommended by W.E. Thomas,Judge of the Superior Court of Thomas County,C.E. Hay,Ex-Solicitor-General,G.E. DaVis, the prosecutor; Commuted July 3, 1933.
THOMAS WARE: Emanuel County Superior Court;July term 1923; Murder; Life; Served with good prison

TuESDAY, JANUARY 22, 1935.

301

record for nearly 10 years. Clemency is recommended by the trial Judge, County officials of Johnson County and the Solicitor-General(now dead); Commuted July 7, 1933.
JOE EI110RE: Toombs County Superior Court; Fall term 1919; Murder; Life; Recommended by the trial Judge Hon. R.N. Hardeman and county officials of Toombs County; Commuted July 7, 1933.
C.I. MCLENDON: Seminole County Superior Court; June term 1927; Vel-Manslaughter; 10 to 20 years; Clemency is recommended for him by the trial Judge, Trial Jurors,County Officials and a large number of citizens of Seminole Com1ty; Commuted July 7, 1933.
HENRY SMITH: Washington County Superior Court; March term 1925; Vel-Manslaughter; 19 to 20 years; Recommended by the trial Judge and officials of Johnson County; Commuted July 7, 1933.
CLAUDE TAYLOR: Bacon County Superior Court; January term 1926; Murder; Life .. Too drunk to lmow what happened,many citizens believe homicide was an accident. Widowed sister and 5 children and his 2 orphan children dependent upon him. Employment w1 th Mr. Freeman at Macon. Tuberculosis arrested and is now inactive; Commuted July 10, 1933.
ROBERT JONES: Crawford County Superior Court; October term 1925; Murder; Life;Recommended by_the trial jurors,warden,deputy warden,Chairman of Commissioners of Monroe county where he has served, the Solicitor-General and others; Commuted July 11, 1933.
WELTON TAPLIN: (col) Effingham County Superior Court; October term 1927; Manslaughter; 10 to 15 years; Sole support of his aged mother, and supported his sister's children driving an ice truck. Boys employed him at the time of the crime. They believe the shot was accidental; Commuted July 11, 1933. .

302

JouRNAL oF THE HousE,

GEORGE MA.Lcmi: Walton County Superior Court;
February term 1932; Assault to rape; 2 to 6 years; Recommended by a number of responsible citizens of Walton Co., the trial Judge and Solicitor-General; Commuted July 12, 1933.

HENRY SMITH: Miller County Superior Court; March term 1929; Vol-Manslaugnter; 15 to 18 years; Recommended by the Wardens and officials,county officials of Miller County including Solicitor City Court, Sheriff,Ord1nary,County Commissioners,Judge City Court,forrner Senator from the 8th district and others; Comm1ted July 13, 1933.

EDDIE SINGLETON: Mitchell County Superior Court; Spring term 1922; MUrder; Life; Clemency recommended for him by the Board of Commissioners of Mitchell County and by the County physician,bad physical condition; Commuted July 13, 1933.

EARL CARTER ROSE: Chattooga County Superior Court; February term 1931; Burglary; 4 to 6 years; Recommended by the Solicitor-General,Prosecutor,Citizens and county officials; Commuted July 13, 1933.

ED GOLSTON: Fulton County Superior Court; September term 1931; Rape; 2 to 5 yrs; Clemency recommended by Judge John D. Humphr1es,the trial Judge, Mr. A.A. Clarke,the Warden of Fulton County under whom he served; Commuted July 19, 1933.

D.B. BRIDGES: Screven County Superior Court; December term 1928; Vel-manslaughter; 7 to 10 year~ Clemency is recommended by the Judge and SolicitorGeneral; Commuted July 24,1933.

LUTHER ROBINSON: Fulton Superior Court; August

term 1930; Vel-Manslaughter; 10 to 13 years; Re-

corr~ended
o. M. Stac

by Judge y,Ordina

c.c.
ry W

P1ttman,trial Judge,Judge hitfield County,Warden and

other county officials; Commuted July 28, 1933.

SCHLEY BULLOCH: Evans County Court(Superior); April term 1929; Sodomy; Life; Clemency is recom-

TUESDAY, JANUARY 22, 1935.

303

mended for him by the Judge of the Atlantic Circuit; Judge J. Saxton Daniel,Harden and Deputy Warden, Solicitor-General,Hon.<T.T. Grice,and trial Judge, Hon. Eschol Graham; Commuted July 28, 1933.
JOE ALEL~~DER: Fulton County Superior Court; Burglary; 3 to 5 years; February term 1931; Recommended by the trial Judge and warden and Deputy warden; Commuted July 28, 1933.
r1.E. ARWOOD: Fulton County Superior Court; Nay term 1930; Burglary-4 counts concurrently; 5 to 10 years; Recommended by the Warden and not opposed by the trial Judge and Solicitor-General; Comnuted July 28' 1933.
DILMUS ECHOLS: DeKalb County Superior Court;April term 1932; Shooting at another; 2 to 3 years; Clemency reconnnended by officials,Sol1ci tor-General,
Hon. Claude c. Smith; Cor~~ted July 28, 1933.
LESTER MCCOY, alias LESTER MASSEY: Fulton County Superior Court; November term 1925; Manslaughter; 12 to 20 years; Recmrunended by the Warden; Commuted July 28, 1933.
WILLIE LEE JACKSON: Randolph Cmmty Superior Court; Spring term 1924; Murder; Life; 19 years of . age at time of sentence,good prison record; Comrnuted July 28, 1933.
JOHN ECHOLS: Fulton County Superior Court; June term 1927; Vol-Uanslaughter; 20 years; Clemency recommended by all County Commissioners of Coweta County, Warden and guards,county officials and others: Commuted July 28, 1933.
GEORGE WILSON: Marion County Superior Court; August term 1923; Murder; Life; Clemency recommended by County Commissioners of Marion County,trial Judge and Solicitor-General; Commuted July 28,1933.
HOOD BURNETT: Pike County Superior Court; July term 1924; Uurder; Life; Recommended by all living

304

JouRNAL or THE HousE,

trial jurors,wardens,large number of citizens, County Officials of Pike County and is not opposed by the trial Judge; Commuted July 28, 1933.
l1A.NNY HARVEY: Fulton County Superior Court;November term 1924; Murder; Life; Recommended by officials of Hart County and warden,Judge E.D.Thomas, Commuted July 28, 1933.
ED WHITE: Fulton County Superior Court; February term 1924; Murder; Life; Poor health, recommended by the Warden,County Commission,County Physician, and others; Commuted July 28, 1933.
JOE STONE FOWLER: Cobb County Superior Court; March term 1931; Assault to Murder; 2 to 10 and 2 to 10 years; Clemency is recommended by the Solicitor-General,Warden,County Physician and others; Corr~uted July 28, 1933.
WILLIE HARRIS: Fulton County Superior Court; January term 1932; Larceny of auto; 5 years; Foot crushed by falling stone,unable to perform hard labor. Commuted July 28, 1933.
ALBERT HUDSON: Fulton County Superior Court; Spring term 1925; Murder; Life; Reco~nended by the trial Judge, Solicitor-General and warden; Commuted July 28, 1933.
CH.i\.RLIE WALDEN: Meriwether County Superior Court; February term 1919; Murder; Life; Clemency recommended by those under Whom he has served; Commuted July 28, 1933.
BYRON PHILLIPS: Jeff Davis & Glynn Counties Superior Court; March & Dec. terms 1931; Robbery and possessing explosives; 1 to 5 and 4 to 6 years; Prevented more than one prison break,family needs him. Recommended by the Warden and guards,Sheritt, Ordinary,Clerk of Court and other County officials of Jeff Davis County; Commuted August 2, 1933.
WILLIE NORWOOD: Jones County Superior Court;Fall

TUESDAY, }ANlJARY 22, 1935.

305

term 1919; Murder; Life; Circumstantial evidence, good prison record more than 13 years; Commuted August 2, 1933.

JERRY MEYER: Chatham County Superior CourtJune term 1926; Vol-Manslaughter; 10 to 20 years; Good prison record; Commuted August 3, 1933.

MANN, alias JOSEPH,HARPER: Hancock County Superior Court; sentenced 20 years; September term 1924; Vol-Manslaughter; Clemency recommended by the trial Judge,jurors, warden,county commissioners and others; Commuted August 3, 1933.

GEORGE SWAIN: Tattnall County Superior Court;

Spring term 1922; Murder; Life; Clemency recommend-

ed Wa

lbtyerpwre.

sent She

Judge ppard,

of pre

Tattna siding.J

ll,n udg

o e

t ob and

jected by Ho~ also by a

large number of citizens who know applicant,county

officials and wardens; Commuted August 4; 1933~

FREEMAN BOYD: Hall County Superior Court; Fall term 1922; Murder; Life; Clemency is recommended by the County Physician of Grady County, states that applicant is physically unfit for hard labor,and by the warden and County Commissioners,clemency is neither recmmnended nor opposed by the SolicitorGeneral; Commuted August 9, 1933.

TOM BAGGS: Tattnall County Superior Court; October term 1930; Simple Larceny; 2 to 3 years; Reco~ mended by the trial Judge and Solicitor-General; Coramuted August 9, 1933.

J.T. GAFNEY: Early County Superior Court; April term 1931; Burglary; 5 to 6 years; Clemency is recommended by the Warden,a number of citizens of Early County, and several County officials,including the Clerk of Court, Sheriff,Ordinary and other~ Commuted August 9, 1933.

MALLIE PLYMELL: Berrien County Superior Court; September term 1926; Murder; Life; Recommended by all of the trial jurors,grand jurors,county offi-

306

JouRNAL OF THE HousE,

cials,city officials of Nashville,wardens and guards,and not opposed by the trial Judge, the present Judge and the Solicitor-General; Commuted August 9, 1933.
DAN REINHART: Blackley County Superior Court; July term 1918; Murder; Life; Clemency recommended by citizens of Blackley County,wardens,county officials,and the prosecuting Attorney,the trial Judge is dead; Commuted August 9, 1933.
R.L. SALTER: Webster County Superior Court;April term 1929; Assault to murder; 5 to 10 years; Reco~ mended by county officials of Dodge County and by county officials of Webster County; Commuted August 9, 1933.
LEVI TOLBERT: Carroll County Superior Court; Fall term 1920; ~mnslaughter; 20 years; Certificate in file signed by Hon. Joe L. Veal,Commissioner of Roads and Revenues of Carroll County stating he has good prison record; Commuted August 9, 1933.
CHARLIE FRANKLIN: Chattooga County Superior Court; February term 1931; Burglary; 4 to 6 years; Clemency recommended by the Warden,Prosecutors; county officials and a large number of citizens; Commuted August 14, 1933.
HENRY ROSSER: Meriwether County Superior Court; August term 1906; Murder; Life; One escape,clemency recommended by the prosecuting Solicitor-General,Sheriff,Ordinary,Harden,Clerk and Deputy Clerk, the Judge and Solicitor 0f the City Court and a large number of citizens; Not tried before a jury; Commuted August 15, 1933.
FRANK WORLEY: Fulton County Superior Court; March term 1932;Burglary;3 to 6 years;Clemency recmmnended for him by the trial Judge and a number of others; Commuted August 28, 1933.
WILL OWENS: Fulton County Superior Court; January term 1925; Burglary; 2 to 10 and 10 to 20

TuESDAY, JANUARY 22, 1935.

307

years; Recommended by Hon. Jno. D. Humphries; Hon. Jno. A. Boykin,Solicitor,the trial Judge,and Warde~ Commuted August 28, 1933.
:t"MION STEvJART: Fulton County Superior Court; Burglary; Larceny-Auto; May term 1930; 2 to 5 and 1 to 2 years; Recommended by the trial Judge,County Crunmissioners and others; Commuted August 30, 1933.
GEORGE H. COLLINS: Douglas County Superior Cour~ March term 1929; Vel-manslaughter; 10 to 20 years; Clemency recommended by mother of man killed,Dr. o.c. Woods,Asst. Physician State Farm and not opposed by the trial Judge; CommutedAugust 31,1933.
I .L. FREEMAN: Bulloch County Superior Court; April tenn 1915; Murder; Life; Recommended by trial jurors,wa.rdens and others,Hon. R.N. Hardeman did not oppose parole; Commuted August 31, 1933.
MRS. H.L. (Peggy) FRENCH: Fulton county Super! or Court; May term 1930; Vel-Manslaughter; 8 to 10 years; Clemency recommended by all of the trial jurors and others; CommutedBeptember 1, 1933.
WILL TOOLEY: Monroe County Superior Court; August term 1927; Vel-manslaughter; 15 to 17 years; Clemency recommended by trial jurors,county commissioners, deputy warden and number of citizens of Monroe County; Commuted Sept. 1, 1933.
PETER DANIEL: Warren County Superior Court;April term 1932; Vol-Manslaughter;4 to 6 years; Clemency recommended by trial Judge,jurors,warden,and by the present Solicitor-General; Commuted September 2, 1933.
WILL WHITAKER: Cobb County Superior Court;July term 1927; Burglary; 7 to 12 years; Clemency recommended by the trial Judge,Solicitor-General and others; Commuted September 2, 1933.
LINDSEY SANDERS: Fulton County Superior Court; Sept. term 1926; Murder; Life; Clemency recommended

308

JouRNAL or THE HousE,

by the Warden and County Commissioner of Cherokee County where sentence was served and by others; Commuted September 12, 1933.
JA~S A~ SWAIN: Bibb County Superiorcourt;February term 1925; Murder; Life; Two of the trial jurors are dead another unknown,nine recommend clemency and many of the best citizens of Bibb County; Co~uted September 12, 1933.
VERDELL ROSS: Cook County Superior Court; February term 1929; Manslaughter; 8 to 12 years; 14 yrs. of age time of convict1on,clemency recommended by grand jurors,trial jurors,county offic1als,w1tnesses for the State in the trial of the case,prosecutor,trial Judge,c1tizens of Cook Co., not opposed by Solicitor-General; Commuted September 13, 1933.
M!~SHALL PHILLIPS: Laurens County Superior Court; January term 1930; Murder; Life; Clemency recommended by Messrs. W.A. Dampier and Lester F.Watson, who assisted Solicitor in prosecuting case, Solicitor-General Fred Kea; Commuted September 14,1933.
OSCAR FAULKNER: Walton County Superior Court; Nov. Adj. term 1927; Murder Life; Clemency recommended by trial jurors,county officials of Newton and Walton Cos.,large number of citizens in both counties,war<lens and deputies, Assrt SolicitorGenerQl has no objections; Commuted Sept. 14, 1933.
HENRY LOOAN: Fulton County Superior Court;Sept. term 1931; Robbery; 2i to 5 years; Clemency recommended by warden and other officials and the trial Judge does not oppose; Commuted Sept. 14,1933.
LONNIE PICKETT: Chatham County Superior Court; December term 1928; Burglary; 10 years and 10 years; Clemency recommended by a number of white citizens; Commuted September 14, 1933;
ROBERT WILLINGHAM: Clark County Superior Court; July term 1928; Murder; Life; Clemency recommended by trial jurors,a number of citizens and county

TUESDAY, }ANL'ARY 22, 1935.

309

officials of Clark County; Corrrrnuted September 14, 1933.

:r1ARSHALL REED: Halker County Superior Court; February term 1925; Murder; Life; Clemency recommended by a large mznber of responsible citizens, trial jurors,county officials and wardens under whom served,Solicitor-General has no desire to see him released or confined; Commuted September 15, 1933.

GEORGE BOATRIGHT: Jefferson County Superior Court; Spring term 1922; Murder;Life; Clemency recorrmended by trial Judge. Solicitor-General is dead; Commuted September 15, 1933.

MELVIN WINDHAM: Fayette County Superior Court; December term 1925; Murder; Life; Recommended by the trial Judge,Sheriff of Campbell Co. and Post Office Inspector F.C. Ellis and a number of others; Commuted Sept. 15, 1933.

WILL BLf.\.C:KNA.N, alias J/11'1ES JOHNSON:. Fulton County Superior Court; May term 1926; Burglary; 10 years; Recommended by the Sheriff,County Physician, Warden,and others,Solicitor John A. Boykin will consent if assured of work; Commuted September 15, 1933.

CURTIS FR.l"JJJKLIN: Muscogee County Superior Court; February term 1927; Burglary; 10 to 15 years; Clemency recommended by warden & guards, county commissioner and not opposed by the Solicitor-General; Commuted Sept. 15, 1933.

RICHARD STA~TLEY: Carroll County Superior Court; April term 1932; Robbery; 5 years; Clemency recommended by prosecutor,warden and guards,a number of responsible ci tizens,Sol.Gen. I>Jm. Y. Atkinson states any disposition will be satisfactory with him; Commuted Sept. 16, 1933.

ROSA BROWN: Bibb County Superior Court; May term 1918; Murder; Life; Judge and Solicitor who tried

,

310

Jo.uRNAL or THE HousE,

her are both dead; Commuted Sept. 20, 1933. GREEN SMITH: Fulton County Superior Court;Novem-
ber term 1930; Burglary; 6 to 12 years; Clemency reconnnended by wardens and officials,and by Judge B.C.Ga.rdner; Commuted September. 20, 1933.
JESSE MOSS: Harris County Superior Court; May term 1923; Murder; Life; Clemency is recommended by the Judge and Solicitor~eneral; Commuted September 20, 1933
WM. P. SMITH: Fulton County Superior Court; September term 1931; Robbery; 2 to 5 years; Clemency recommended by the prosecutors,wa.rden and trial Judge; Commuted September 20, 1933.
FRANK HARRIS: Fulton County Superior Court; March term 1926; Burglary; 5 to 7 and 5 to 7 years; Poor health,clemency recommended by the trial Judge; Commuted Sept. 20, 1933.
HOMER HUNTER: Clinch County Superior Court; October term 1927; Murder; Life; Clemency recommended by the trial Judge, the present Judge,Solicitor-General, and a majority of the trial jurors; Commuted Sept. 25, 1933.
GROVER ELLISON: Jenkins County Superior Court; April Special term 1922; Murder; Life; Recommended by the Judge,Solicitor-General,Warden,county Officials and others; Commuted Sept. 25, 1933.
W.P. LOVETT: Cherokee County Superior Court; December term 1930; Burglary; 3 to 5 years; Recommended by the Judge,Solicitor-General,the party whose store was burglarized, and others; Commuted Sept. 28, 1933.
J.T. BARNETT: Fulton County Superior Court; March term 1932; Burglary; 2 to 5 and 1 to 5 year~ Reconnnended by Judge John D. Humphries and the trial Judge; Commuted September 28, 1933.

TuESDAY, JANUARY 22, 1935.

311

RUEBEN KITCHENS: Bibb County Superior Court; April term 1932; Burglary; 2 to 4 years; Recommended by the Solicitor-General,Sheriff and Jailer;Commuted September 29, 1933.

JOHN HENRY GOODWIN: Bibb County Superior Court; February term 1931; Assault to murder; 10 years; Recommended by warden,guards and citizens of Bibb and not opposed by Solicitor-General Chas. H. Garrett; Commuted September 29, 1933.

MRS. SHIRLEY T. HUDSON: Fulton County Superior Court, September term 1930; Forgery & Felony; 2 years and 5 years; Clemency 1s recommended by Stores Mutual Protective Associat1on,trial Judge, Warden and State Farm Physician; Commuted October 4, 1933.

LEROY D. ROSS: Fulton County Superior Court; Sept. term 1930; Forgery; 5 years and 5 years; Paroled as to first sentence and pardoned as to second sentence; Clemency recommended by Judge E. D. Thomas,trial Judge, Stores Mutual Protective Association,Superintendent,Wardens,State Fann Physician and others; Conmuted October 4, 1933.

FRED JACKSON: Pike County Superior Court; November term 1930; Vel-Manslaughter; Recommended by the trial Judge and Sol1ci tor-General; Conunuted October 6., 1933.

BOSS BOWERS: Bibb County-Superior Court; Murder;

Life; November tenn 1928; Clemency recommended by

officials,a number of responsible citizens;trial

jurors,and Solicitor-General Chas. H. Garrett; .

Cormuted October 9, 1933.





H.W. PEARSON: Chatham County Superior Court; l1arch term 1932; Robbery 5 years; Clemency recommended by Yrrs. A. Morris whom was rohbed,number of citizens and Warden,Mother 1n need or his support; Crnnmuted October 10, 1933.

WILLIE RICHARDSON: Chatham County Superior Court;

312

JouRNAL or THE HousE,

March terrn 1932; Robbery; 5 years; H.W. Pearson, a co-defendant,was recommended for Executive Clemency on May 4, 1933, and all of the recorrrrnendations appear in that fine and reference is made thereto in this case; Commuted October 10, 1933.
ROOSTER COOGINS: Pike County Superior Court; April term 1920; Murder; Life; Recommended by the
trial Judge & Solicitor-General; Commuted October
11, 1933. BALAAM HANDBERRY: Jenkins County Superior Court;
l'1ar.ch term 1925; l'Iurder; Life; Recormnended by trial Jurors,Solicitor-General,Judge,Bheriff Jenkins County,R.G. Lane,Prosecutor,Warden and others; Commuted October 11, 1933.
NOAH HANDBERRY: Jenkins County Superior Court; March term 1925; Murder; Life imprisonment; Recommended by the trial Judge,trial Jurors and the County Officers of Jenkins County; Corarnuted October 11, 1933.
SAM TAYLOR: Coweta County Superior Court;September term 1908; Murder; Life; Recommended by the County Officials and Warden; Commuted October 11, 1933.
MAUD COLEY: Laurens County Superior Court;July term 1930; Vel-Manslaughter; 5 years; Recommended. by the trial Judge, Solicitor-General and Warden; Commuted October 11, 1933.
LA11AR f'L\.RTIN: DeKalb County Superior Court;June term 1930; Assault to Murder; 10 years; Clemency recoQillended by the injured party; Commuted October 11, 1933.
D.F. ARNOLD: Atkinson County Superior Court; October term 1930; Assault to Murder; 5 to 10 years; Recommended by the trial Judge,Hon. W.R.Smith, Grand jurors,County_Commissioners,County Officials and not opposed by Solicitor-General; Commuted October 11, 1933.

TuESDAY, JANUARY 22, 1935.

313

W.IRA DUNCAN: Fulton County Superior Court;July term 1931; Robbery; 3 years in 2 cases to run concurrently; Recommended by the trial Judge,Wardens, the victim or the offense and others; Commuted October 11, 1933.

DEWEY WHITAKER: Pickens County Superior Court; April term 1931; Misdemeanor,Larceny of auto,Highway robbery; 6 months; 1 year; 4 years; Wife and 2 children dependent on him for support,clemency recommended by trial Judge,Solicitor-General,Warden, Commissioner and owner oi stolen auto; Commuted October 11, 1933.

EUGENIA ROGERS: Coffee County Superior Court; October term 1923; Murder; Life; Recommended by Sheriff who knows actual facts; Mother & Father in failing health; Commuted October 12, 1933.

HORACE HEAD: Spalding County Superior Court;June term 1930; Larceny of auto and robbery; 2 to 5 and 8 to 15 years; Clemency is recommended by prosecutor and the trial Judge,Hon. Wrn. E.H. Searcy,Jr., Poor health,dependent family;Commuted October 12, 1933.

ELMER HENDERSON: Floyd County Superior Court; January term 1932; Burglary; 2 yrs. 19 years or age time of conviction,good prison record; Commuted Oct. 12, 1933.

JUDGE DEAN: Murray County Superior Court; Fall

term 1922; Murder; Life; Clemency recommended by

cth.eMSihtecrhieffll,W, tahrdeenpreosfeWnt

hitfield Co., and Hon. John Solicitor-General; Cam-

muted October 12, 1933.

HUEY MOBLEY ,alias PEANUT MOBLEY: Troup County Superior Court; May term 1932; Car breaking; 3 to 5 years; Widowed mother and small children dependent on him. Clemency recommended by a large number of citizens; Commuted October 12, 1933.

CLIFFORD, alias CLYDE,GARRETT: FUlton,B1bb ~

314

JouRNAL OF THE HousE,

Dodge Counties respectively Superior Court; Aug. 1927,Sept.l930 and Nov. term 1931; 2 to 5; 5 years; 10 years,respectively; Recommended by the SolicitoPGeneral of Bibb Superior Court,Solicitor-General Dodge Superior Court,warden and guards. Sol. Genl. States family desperate for his assistance; Commuted October 26, 1933.
J. I'1EL'rON CREWS: Charlton County Superior Court; March term 1931; Val-manslaughter; 15 to 20 years; Recommended by Senator Andrew J. Tuten,county officials,citizens,officials and warden,clemency is not opposed by the trial Judge Hon. M.D. Dickerson; Commuted October 24, 1933.
POLLIE PETTIE: Fulton County Superior Court; January term 1924; Val-manslaughter; 18 to 20 year~ Clemency recommended by Warden,Solicitor-General and trial Judge; Commuted October 20, 1933.
JOHN THOY~S W~ITE: Dooly County Superior Court; November term 1926; I1urder; Life; Clemency recommended by Warden and guards,foreman of the jury, Sheriff and others. Trial Judge and Sol.Gen. are dead; Commuted October 20, 1933.
HENRY WHITE: Walton County Superior Court;August term 1920; Murder; Life; Recommended by trial jurors,County Officials,Warden and guards. The Judge and Solicitor-General are both dead;Commuted October 20, 1933.
ZACK WARREN: .Muscogee County Superior Court; July term 1926; Vel-Manslaughter; 20 years;Clemency recommended by the Warden of Gwinnett County, Hon. T.L. Harris,Gwinnett Co. and several citizens; Commuted October 20, 1933.
JOHNNIE HOOD: Laurens County Superior Court; July term 1931; Highway Robbery; 4 to 5 years; Clemency recommended by the trial Judge,SolicitorGeneral and Warden; Commuted October 20, 1933.
L.C.(CHARLIE)HAMILTON: Gwinnett County Superior

TuESDAY, JANl'ARY 22, 1935.

315

Court; March term 1929; Murder; Life; Very poor physical condition, clemency re conunended by Mrs. Riley,Widow of the deceased; by the Sheriff,Senator J.J. Baggett,Representative F.Q.Sammon,and trial jurors and responsible citizens of Gwinnett Co., Comnruted October 19, 1933.
EDWARD SCOTT: Chatham County Superior Coill'tj March term 1932; Robbery; 4 years; Clemency recommended by the prosecutor,Solicitor-General,Supt., of the Brown Farm and others; Commuted October 19, 1933.
~~BSTER Jill'~S: Fulton County Superior Court; October term 1930; Robbery; 10 to 20 years; Clemency recorrmended by trial Judge a.nd others, opposition wtthdrawn by Solicitor General Boykin; Commuted October 19, 1933.
WILLIAM DARDEN: Colquitt County Superior Court; October term 1930; 7 to 10 yrs; Manslaughter; Clemency recommended by Warden,not opposed by the Solicitor-General,Hon.G.C. Spurlin; Commuted Npvember 23, 1934.
HERBERT BONE: P~ulding County Superior Court; November term 1932; Burglary; 2 to 3 years; Clemency is recommended by the trial Judge,Jurors, County Officials and responsible citizens; Commuted November 8, 1933.
MARY SMITH: Fulton County Superior Court;December term 1921; Murder; Life; Good prison record; Commuted November 8, 1933.
DON WILLIAt~: Early County Superior Court; October term 1927; f'lurder; Life; Recommended by trial jurors,trial Judge,Sheriff and otl1ers; Corrrrnuted Nov 9, 1933
MOSE TAR~LR: Laurens County Superior Court;April term 1927; l'Iurcler; Life; Clemency recommended by Judge R.Earl Camp, tlle trial Judge,and SolicitorGeneral Fred Kea,end County Officials; Commuted

316

JouRNAL OF THE HousE,

November 9, 1933. t'..J1.JOR BROWN: Coffee County Superior Court ;r-Iarch
Adj. term 1926; I'Iurder; Life; rrhis applicant having served seven years, and all others connected with the mob action at Douglas having received much lighter sentences and now being free,it appearing that the crime for which Dave Hrifl]lt was lynched was a most heinous crime,it is ordered the.t Najor Brown be pardoned as to the manslaughter in his killing of Leggett and,that he be paroled as to the lif~ sentence. Commuted November 8 , 1933.
WOODSON COLE: Harris County Superior Court; Jartue.ry term 1927; l'1urder; Life; Clemency recommended for him by the Warden and guards,County Officials and citizens,and is not opposed by the trial Judge; Commuted November 8, 1933.
BILL VINSON: Fulton County Superior Court;Sept- ember term 1931; l"Iisdemeanor & robbery; 24 months ~nd 2 to 5 years; Clemency recommended by a large number of respon~ible citizens,parties held up are not positive Bill Vinson was the boy w11o held them up; Commuted November 8, 1933.
MRS. IDA HUGHES: Fulton County Superior Court; February term 1924; Murder; Life; Clemency recommended by the Harden,trial Judge,Hon.G.H.Howard, and the Official Court Reporter,Walter N.i;chols; Commuted Nov. 8, 1933.
SAM ROZIER: Laurens County Superior Court;July term 1930; riurder; Life; Clemency recommended by Harden,Judge R.Earl Camp,the trial Judge,Hon. Fred Kea,the Solicitor-General; Corrrnuted November 14,
1933.
ELLIS PETERS: Colquitt County Superior Court; July term 1930; Murder; Life; Reconunended by large nunmer of citizens,county officials and trial jurors, not opposed by Solicitor-General,citizens ancl officials of Mitchell County;Conunuted November
20, 1933.

TuESDAY, JANUARY 22, 1935.

317

GROVER ETHERIDGE: Jones County Superior Court; .March term 1926; Murder; Life; Recommended by officials,County Conmissioners of Monroe County,County officials and citizens of Monroe County,County Officials and citizens of Jones County,all trial jurors,and others; Commuted November 17, 1933.

HERBERT SIMS: Chatham County Superior Court;

lo"plapr~cshedterbmy

1932; Burglary 3 years Clemency not the Solicitor-General; Coro.muted Oct. 19,

1933.

DAN BURGESS: Pulaski County Superior Court;August term 1912; Rape; 16 years; Trial Judge & Solici tor-Genera.l dead; Hon. Eschol Graham does not oppose; Commuted Nov. 23, 1933.

PLENTY JACOBS: Screven County Superior Court; Nov. term 1931; Robbery; 5 to 10 years; Recommended by trial jurors,warden,citizens,Judge and Solicitor-General; Commuted November 22, 1933.

WM.(WILL)MASSEY: Floyd County Superior Court; July term 1923; l'lurder; Life; Clemency recommended by the Solicitor-General,Harden,gua.rds,County Commissioner and a large number of citizens; Commuted November 22, 1933.

BEN BURGESS: Screven County buperior Court;I1ay term 1988; Val-Manslaughter; 10 to 15 years; Clemency recommended by all the living jurors and trial Judge; ConmlUted November 22, 1933.

JPJ1ES HENRY PATTERSON: Fulton County Superior Court; October term 1926; .Murder; Life; Clemency reconmended by the deputy warden,prosecuting witness for State and others,Solicitor-General withdraws opposition; Commuted November 22, 1933.

Cr~JtLIE BROWN: Calhoun County Superior Court; June term 1932; Burglary; 2 to 4 years; Recommended by Sheriff, Clerk of Court,Harden and others;Commuted November 22, 1933.

318

JouRNAL oF THE HousE,

lviACK l1CCJ..SKELL: Emanuel County Superior Court; October term 1929; I1anslaughter; 10 yea.rs; Clemency recommended by Warden,Trial Judge & Solicitor-Gener8l,tria.l jurors and county officials; Conunuted November 24, 1933.
IULES WAUiliR: Telfair County Superior Court; Nov. term 1930; Val-Manslaughter; 5 to 10 years; Clemency recorr!111ended by trial Judge,Solicitor-General,trial jurors,warden,County Commissioner, County Officials and others; Commuted November 24, 1933.
SE!illORN HILL: Harris Co. Superior Court: July term 1926; Hurder; Life; Clemency recommended by Warden,County Commissioners, trial jurors,SolicitorGeneral,trial Judge and citizens; Commuted November 23, 1933.
J.M. HUGHES: Burke Co. Superior Court; May term 1924; I1urder; Life; Clemency recormnended by trial jurors,warden,citizens and officials of Harris and Burk Co., Commuted Nov. 23, 1933.
HORACE WILSON: Lowndes Co.,Superior Court; May term 1932; Simple larceny; 5 years; Clemency recomnlended by the prosecutor and acting SolicitorGeneral.; Commuted; Nov. 2, 1933.
HARRY DAVIS: Lowndes County Superior Court;May term 1930; Rape; 10 to 15 yrs; Recommended by all living members of the trial Jury,county officials including the Sheriff,Ordinary,Clerk of Court and others and no opposition appears; Commuted November 3, 1933.
ROSA LEE SCARBROUGH: Lee Co. Superior Court; November term 1929; Val-manslaughter; 15 to 20 years; Clemency recomrnended by trial jurors,county officials,warden and others; Commuted November 3, 1933~
MIKE,alia.s MACK,JOHNSON: Fulton Co. Superior Court; May term 1928; f'lanslaughter; 12 to 20 years;

TuESDAY, jANUARY 22, 1935.

319

good prison record; Commuted December 27, 1933.

FRED TAYLOR: Wilkes Co.,Superior Court; November term 1925; l1urder; Life; Clemency recommended by the trial Judge,Solicitor-General,Warden,County Corrrrnissioner & Co.,officia.ls; Conunuted December 22, 1933.

I1ARTIN DICKEY: Bulloch Co. Superior Court ;Burg-

lary; October term 1932; 5 years; Clemency recom-



mended by Citizens,trial Judge,Solicitor-General,

and the prosecutor has no objections; Commuted

December 21, 1933.

StliPSON SHELLY, alias CLEVE SHEPPARD: Bibb Co. Superior Court; April term 1925; I"Iurder; Life; Clemency recommended by Warden,Guards and not opposed by the Solicitor-General; Comnruted Dec. 21, 1933.

OLIN SfiiTH: Fulton Co. Superior Court; November term 1931; Robbery & I1isdemeanor; 2 to 3 years,l2 mos. & 12 mos; RecoL~ended by citizens and wardens under whom he has served; Commuted December 20, 1933.

l'IANN FELTON: Y.tacon Co. Superior Court; November term 1929; flurder; Life; Recorrrrnended by trial jurors,city & county officials,warden & guards and citizens; Conmmted December 21, 1933.

JULIUS AKINS: Chatham Co. Superior Court;Spring term.l931; Assault to murder; 5 to 8 years; Aided in recapture of escaped prisoners,recommended by those under whom he served,responsible parties and not opposed by the trial Judge; Commuted December 20, 1933.

NE'(.JTON IIODGLs: Coweta Co. Superior Court;November term 1931; Vel-manslaughter; 7 years; Clemency recor:J.r,tended by the trial Judge,Solicitor-General, county officials and a nwnber of citizens; Commuted December 20,1933.

320

JouRNAL OF THE HousE,

NEIL COLLINS: Screven Co. Superior Court; November term 1927; Assault to 11urder; 10 years; Recommended by the trial .Judge, Warden and Sheriff; Commuted December 20, 1933.

PAUL CARGLE: Chattooga Co. Superior Court; September term 1931; Burglary; 5 to 6 years; Clemency recommended by citizens; officials and SolicitorGeneral and others; Comr.mted December 20, 1933.

..

JUIIIJ HILL NEELY: Troup Co. Superior Court; Nov-

ember term 1932; Assault to murder; 4 to 8 years;

Clemency recommended by the trial Judge,Solicitor-

General, citizens,and his fmnily is in dire need of

his support; Cmrunuted December 20, 1933.

WILL COLLIER: Lamar County Superior Court; September terr-.r1 1922; I1urder; Life; Clemency reconnnended by the triA-l Judge,witnesses for State,County Commissioners,warden and others; Commuted December 18, 1933.

VIRGIL JOH~~SOIJ: Union Co. Superior Court; October term 1920; Murder; Life; Clemency recontnended by the Solicitor-General,trial Judge,county officials & citizens of Union Co. and Jackson Co.,Commuted December 16, 1933.

JOHN H11\ffiY JACKSON: Taylor County Superior Court; April term 1927; Hurder; Life; Clemency recorrnnended by the warden,trial jurors,County officials and citizens no opposition by the Solicitor-General and trial judge; Cormnuted December 15, 1933.

E.E. ELLIS: Fulton Co. Superior Court; Hay term 1932; Lmbezzlement; 3 to 5 years; Clemency recommended by the warden,county conunissioners,county officials and citizens .Judge Virlyn B. Noore, trial Judge,sta.tes wife 1..., dependent and her circumstances are distressing and any disposition made of the matter would meet his approval; Commuted December 15, 1933.

W.L. TURl~IPSEED: DeKalb County Superior Court;

TuESDAY, JANUARY 22, 1935.

321

Dec.l93l,Oct.term 1932; Sentenced 1 to 5 & 1 to 3; Larceny of auto & Burglary; Clemency recommended
by wardens,guards and others,and not opposed by the Solicitor-General; Commuted December 15, 1933.

G.~,IELD tillTHIS: Dooly County Superior Court; May term 1916; Murder; Life; Good prison record since Dec. 8, 1916; Co1nmuted December 16, 1933.

ENOCH COCHRAN: Upson Co.,Superior Court; Novem-

ber term; Murder; Life; Recommended by the Solici-

tor-General, trial Judge and several trial jurors;

Commuted December 15, 1933.

.

B.BOOKER: Bibb Co.~ Superior Court; February term 1925; Vol-lianslaughter; 20 years; Clemency recommended by the Solicitor-General and County Physician; Commuted December 13, 1933.

CURLY GRJiliiT,alias WILLIE SMITH: Newton Co., Superior Court; Jan. Term 1932; Burglary; 12 months and 2 to 5 years; Entered service January 12,1932, and has completed the 12 months sentence ar.d served little more than one year on the 2 to 5 years sentence. This time given Luther,a1ias Eugene, Parnell,who was recommended for parole on December 1st, 1933, and we recommend that this prisoner be given the same consideration; Comnuted December 13, 1933.

LUTHER, alias EUGENE,PARNELL: Newton Co.,Superior Court; Janua.ry term 1932; Burglary; 12 months and 2 to 5 years~ Clemency recommended by the trial Judge,Solicitor-ueneral,warden,Commissioner of Roads and Revenues,Sheriff. Commuted December 13, 1933.

DAD VAUGHN: Spalding Co. Superior Court; June term 1932; Burglary; 3 years and 1 year; Clemency recommended by the trial jurors,Warden and a number of citizens; Judge Wm. E. Searcy,Jr; Comnuted December 22, 1933.

WALTER ~ILKES: Fulton County Superior Court; November tenn 1928; Misdemeanor and Burglary; 10

322

JouRNAL oF THE HousE,

months; 6-20,5-20,3-20 years; Recommended by party whose store was broken into,by warden,guards and county Commissioners,Wife and baby in need of his support; Commuted December 21, 1933.
HER1'1AN SPR.t-J.YBERRY: Chattooga County Superior Court; December term 1931; Burglary; 4 to 5 years; Clemency recommended by Solicitor-General,Officials, party whose store w~s burglarized and citizens. One of co-defendants already serving on parole(Howard Wallace), and parole recommended for Paul Cargile, another co-defendant; Commuted December 21, 1933.
ALONZO HANEY: Floyd County Superior Court;April term 1926; Nanslaughter; 10 to 15 years; Clemency reco:rmnended by wa.rdens,present Solicitor-General; Hon. Jas. F. Kelly. Wife & young son dependent on his support; Commuted December 21, 1933.
LEE MCFULLER: Laurens County Superior Court; August term 1926; Murder; Life; Recommended by trial Judge,Solicitor-General,wardens,guards, County and City officials a.nd others; Commuted December 21, 1933.
H.~1. SIMPKINS: Fulton County Superior Court; July tenn 1931; Burglary; 5 years in 2 concurrent cases; Clemency 1s recommended by officials and wardens,a large number of citizens; Commuted December 21, 1933.
STANLEY H. MCRAE: alias LAWRENCE W. GRF..NT: Fulton County Su~erior Courtj Nov. term 1932; Fictitious checks; 42 to 6 years~3 concurrent cases); Good prison record,wife and baby need his support. Trial Judge G.H. Howard says 11 any action taken will meet with his approvar~ Commuted December 23, 1933.
ALBERT CASH: Habersham County Superior Court; Fall term 1923; Murder; Life; Recomrnended by the Ordinary of Habersham who states that appl1cantrs family has been on the county for support since his conviction; Co~uted December 27, 19~.

TUESDAY, JANUARY 22, 1935.

323

ARCHIE STEWART: Camden COlmty Superior Court; June term 1924; l'1urder; Life; Clemency recommended by Warden,County Commissioners and citizens andrelatives of the deceased; Commuted December 11, 1933.

HOl''.iER WILLIAl'ISON: Pierce County Superior Court; November Adj. term 1931; Burglary; 2 to 5 years and 3 to 5 years concurrent; Recorrrrnended by the prosecutor and the Solicitor-General; Hon. A.B. Spence; Commuted December 11, 1933.

FR~~~ ~TORD: Fulton County Superior Court;

August term 1930; Robbery,Larceny of auto and mis-

demeanors; 4 to 10 yrs. 4 to 4 yrs. & 12 mos. &

12 mos; Recommended by the trial Judge and Jurors,

prosecuting witnesses,Warden and Officials of

Gwirmett Co. and others. ~Jife and small children

in destitute circumstances. Job offered; Commuted

December 5, 1933.



JOHNNIE WHITE: Lamar Co., Superior Court; ~~y Special term 1931; Manslaughter; 20 years; Recommended by the trial Judge,Sheriff,~arden,Guards and two children and wife in destitute circur1stances; Cor.~uted December 1, 1933.

JULIUS ROWE: Cobb County Superi.or Court; July term 1927; I1urder; Life; Recommended by responsible citizens,County Officials,Warden,County Commissioner J .H. Hamby, and Hon. Lindley W. Camp, Adjutant General,the trial Judge and Solicitor-General recommended Clemency at the expiration of 10 years; Conrrnuted December 4, 1933.

WILLI.AJ-1 YOUNG,JR: Columbia Co. ,Superior Court; September term 1924; Vel-manslaughter; 19 to 20 years; Clemency recon@ended by the Solicitor-General, County Commissioners,County Officia.ls,Warden and others; Cor.~uted December 4, 1933.

HENRY STINSON: Talbot County Superior Court; September term 1929; Manslauehter; 15 to 20 ye~rs; Recommended by a large number of citizens,Warden, County Commissioners and is not opposed by the

324

JouRKAL oF THE HousE,

trirl Judge and Solicitor-General; Commuted December 5, 1933.

FLOSSIE WILLii'~IS: Walton County Superior Court; August term 1925; IIurder; Life; Clemency is neither reconrrnenced nor opposed by the Judge and SolicitorGeneral,but recorrrrnended by several reputable citizens; Comrnuted Janu8ry 2, 1934.

RICH WE1.1.VER: Clark County Superior Court; April term 1931; Vel-manslaughter; 6 to 12 years; Clemency recommended by trial jurors and a number of citizens of Clark County; CommutedJanuary 2, 1934.

LEITHER SPJ'~TCHER: Che.rlton County Superior Court;

March term 1932; Vel-manslaughter; 2 to 3 years;

Clemency recorrrrnended by trial Judge,county offici-

als,warden and not opposed by the Solicitor-Genera~

Commuted January 3, 1934.



Gi\.RFIELD IHLLER: Liberty County Superior Court; Surrnner term 1924; llurder; Life; Clemency is not opposed by the Judge and Solicitor-General;Commuted January 6, 1934.

l10SE comJELIUS: Bibb County Superior Court;Fall term 1922; Murder; Life; Clemency recommended by wardens and guards; Conrrnuted January 8, 1934.

JACK CROF'T: Halton County Superior Court; August term 1932; Burglary; 3 to 5 years; Judge and Solicitor-General notified of applicant's petition for clemency and there are no objections; Commuted January 10, 1934.

WILLIE LEE ROBERTSON: Washington Co.,Superior Court; Horse Stealing; Fall term 1927; 12 to 15 ye8rs; Reconrrnended by officials,Warden and guards; Commuted Janu2.ry 10, 1934;

Dt~LAS LACEY: Floyd County Superior Court; July term 1931; Robbery; 4 yea.rs;Clemency rnconrrnended by trial jurors,applicant's mother suffering from tuberculosis in last stages,only few weeks to live;

TUESDAY, JANUARY 22, 1935.

325

Commuted Jan. 10, 1934. ARTHUR BIRDSONG: Troup County Superior Court;
July term 1926; Murder; Life; Clemency recommended by Warden,several trial jurors; Commuted Jan~ 10, 1934.
DAVE SHINGLES: Randolph County Superior Court; May term 1917; Murder; Life; Clemency recommended by Commissioner of Roads and Revenues of DeKalb County, and by the Supt. of Roads and Deputy Warde~ Cow~uted January 11, 1934.
ROLLIE YOUNG: Effingham County Superior Court; April term 1921; Murder; Life; Trial Judge and Solicitor-General given usual notice of application for parole and not opposing; Commuted January 11, 1934.
FRANK A. i..J:IUTE: Fulton County Superior Court; May term 1932; Robbery; 4 to 5 years; Clemency recmmnended by wardens, officials and by the trial Judge and Solicitor-General,almost blind; Commuted Jan. 11, 1934.
M.C.STANDRIDGE,alias ARTHUR FRPJ-..lKLIN: Fulton Co. Superior Court; I1ay term 1931; Burglary & Larceny of auto(two cases); Clemency recommended by Officials,wardens,guards state he has made a model prisoner; Commuted January 11, 1934.
LEROY BRIGGS: Fulton Co.,Superior Court;January term 1932; Vel-manslaughter; 3 to 5 years; served with good prison record; Commuted January 11, 1934.
GAD GRESHAM: Wilkes Co.,Superior Court; August term 1932; Nfg. Liquor; 2 to 3 years and 12 months; Clemency recommended by the trial Judge,SolicitorGeneral,trial Jurors,Warden and guards and others; Commuted January 12, 1934.
WALTER MCGRIFF: 11itche11 Co.,Superior Court; Fall term 1926; Iiurder; Life; Clemency recowlllended by Wardens,guards,trial jurors and a number of cit1-

326

JouRNAL or THE HousE,

zens; Commuted January 22, 1934. TON TIPPETT: Fulton Co.,Superior Court; January
term 1933; Larceny of auto; 2 to 4 years; Reconnnendby the trial Judge,and party whose auto was stolen; Commuted January 24, 1934.
GEORGE BRITTON: Chatham County Superior Court; Fall term 1920; Murder; Life; Recommended by officials and others; Commuted January 24, 1934.
KlHGHT RAGLA}.JD: Talbot County Superior Court; September tern. 1927; r1i sdemeanor & assault to murder; 12 months and 10 years; Recowmended by Capt. J.R. McCorkle; Commuted January 24, 1934.
GEORGE THOVJ1.S: Clark County superior Court; October term 1930; Murder; Life; Recommended by wardens,guards trial jurors,city and county officials and other responsible citizens; Commuted January 24, 1934;
ARTHUR HIGHSMITH: Turner County Superior Court; March term 1919; Hurder; Life; Recommended by the trial Judge,Warden,County Commissioner,County officials and others; Commuted January 24, 1934.
HOMER COLE: Hall County Superior Court; May term 1931; Manslaughter; 18 to 20 years; Clemency recommended by the trial jurors,warden,county commissioners and citizens; Commuted January 24, 1934.
W.T. :nCKNIGHT: Fulton Co.,Superior Court;November term 1932; Larceny after trust; 5 years;Recommended by the trial Judge,Solicitor-General,officials and attorneys representing the prosecutor; Commuted Jan. 25, 1934.
STEVE C. HOLLOWAY: Troup County Superior Court; Hay term 1932; Mfg. wniskey; 2 to 4 years; Clemency recormnended by County Commissioners,trial Judge, W2.rden and citizens. Family in destitute circumstances; Commuted January 25, 1934.

TuESDAY, jANUARY 22, 1935.

327

JOE JONES: Muscogee County Superior Court; February term 1931; Simple larceny; 3 years and 1 day & 2 years and 1 day; Recocrmended by citizens,wardens. Judge c.F. 1-lcLaughlin,whose auto was stolen, has no objections; Commuted January 25, 1934.
PLEAS BROOKS: Spalding Co., Superior Court;February term 1932; Misdemeanor & Assault to murder; 12 months and 2.to 5 years; Reccrrunended by large number of citizens of Spalding Co.,County & city officials,warden,and guards; Commuted January 25, 1934.
JOE TAYLOR MCMULLEN: Miller County Superior Court; April term 1931; Vel-manslaughter; 8 years; Recommended by the Grand Jurors,trial jurors,County officials where tried and where serving; Commuted January 25, 1934.
JOHN BELVIN: Dooly County Superior Court;August term 1932; Manslaughter; 2 to 3 years; Recommended by the Judge,Solicitor-General,county officials and others; Commuted January 29, 1934.
ABE SMITH: Fulton Co. Superior Court; November term 1932; Burglary; 2! to 5 years; Good prison record and poor health; Commuted Jan. 30,1934.
WOODSON LAWR&~CE: Hancock Co.,Super1or Court; Fall term 1928; Vel-manslaughter; 20 years; Recommended by the trial Judge,Warden and county officials; Commuted January 30, 1934.
BUCK DEVEREUX: Hancock County Superior Court; August term 1913; Murder; Life; Clemency recommended by the Trial Judge; Commuted Feb. 1, 1934.
WILLIE COLLIER: Lamar County Superior Court; December term 1932; Burglary; 2 to 4 years; Clemency recommended by the Sheriff,Solicitor-General, trial Judge,Warden,citizens,Physicians,Chief of Police,Merchants and others; Commuted February 1, 1934.

328

JouRNAL OF THE HousE,

HOYT SORRELLS: Hall Co.,Superior Court; Nov. Term 1929; Murder; Life; Recommended by Mrs.Elisha Lackey,Widow of the deceased,Hon. Robt.l'1ci1illan, and the Solicitor-General; Commuted February 1, 1934.
W.L. HENRY: Fulton Co.,Superior Court; July term 1931; Burglary; 5 years. in two concurrent cases; Clemency recommended by the Warden and others; Commuted February 1, 1934.
R.T. BONNER: Bibb County Superior Court; Nov. term 1932; Rape; 2 years; Recommended by tho Sol1citor-General,Chief or Police,Warden and others; Commuted Febr~ary 2, 1934.
OTHO SMITH: Columbia County Superior Court; March term 1925; Murder; Life; Clemency 1s not opposed nor recommended by trial Judge nor anyone else.
LONNIE WILLIAMS: Macon County Superior Court; Fall term 1923; Manslaughter;l2 to 20 years; Recorrnnended by the trial jurors,county connnissioners, county off1cials,warden and guards; Commuted February 3, 1934.
LOFFETT I'1A.CK: Laurens County Superior Court; July term 1931; Robbery; 4 to 5 years; Clemency recommended by the trial Judge,Solicitor-General, Sheriff and Ordinary of Laurens County Commuted February 3, 1934.
(WILLIE) BOOT LOWE: Stewart County,Superior Court; April term 1921; l'1urder;L1fe; 16 years of age at time of conviction. Clemency recommended by Wardens and County Officials; Commuted February 3, 1934.
ANDREW ROYAL: Houston County Superior Court; October term 1924; Murder; Life; Recommended by the trial Jurors,Solicitor-General,Warden and others; Commuted February 3, 1934.

TuESDAY, jANUARY 22, 1935.

329

J.H. ARNOLD: Emanuel County Superior Court January term 1920; Murder; Life; Recommended by those under whom he served; Gommuted February 3, 1934.
SAM DEVINE: Emanuel Co. Superior Court; October term 1927; Murder; Life; Clemency recommended by the trial Judge,Solicitor-General,trial Jurors, County Officials and wardens under whom he .served; Crnnmuted Feb. 3, 1934.
OTIS CONOWAY: Laurens County Superior Court; August term 1931; Attempt to murder; 5 years;Clemency recommended by the presiding Judge,SolicitorGeneral,County Officials and others; Commuted February 3, 1934.
JOHN MYERS: Bartow County Superior Court; October term 1921; MUrder; Life; a miscarriage of Justice; Commuted February 3, 1934.
BEN BROWN: Chatham County Superior Court; March . term 1926; Vol-r'lanslaughter; 10 to 15 years;Clem-
ency recommended by the Warden and others; Commuted February 5, 1934.
ROBERT SIMMONS: Terrell County Superior Court; May term 1928; l"Iisdemeanor & Burglary; 12 mos. in 4 cases; 4 to 6 and 3 .to 5 years; Clemency recommended by the prosecutors,trial Judge,foreman of the jury and others; Commuted February 5, 1934.
FANNIE PERDUE: Fulton County Superior Court; September term 1926; Murder; Life; Good prison record;Commuted Feb. 6,1934.
HERMAN HORTON(colored): Polk County Superior Court; August term 1~2; Man-slaughter; 2 to 5 years; Clemency recorrnnended by the trial Judge, trial Jurors,Sheriff,Deputy Sheriff and Citizens; Commuted Feb. 6, 1934.
FRED GRAY: Taylor County Superior Court; April term 1932; Vel-Manslaughter; 5 to 10 years; Clemency recommended by the trial Judge,wa.rden and

330

JouRNAL oF THE HousE,

County Commissioners; Commuted Feb. 7, 1934.

tl~Y SNIDER: Crisp County Superior Court;August term 1920; Murder; Life; Recommended by the trial Judge and Foreman of the jury; Commuted Feb. 7, 1934.

ROBERT BATES: Gilmer & Pickens Counties Superior Court; Spring term 1928; Burglary, arson,Highway Ro't). bery; 3 to 5, 7 to 10, and 4 years; Needed at home. Recommended by the trial Judge,Solicitor-General, Warden,Guards,County Officials and citizens; Commuted February 9, 1934.

HUGH DOWNS: Fulton County Superior Court;October

term 1932; Larceny of auto (4 Cases); 1 to 4 years

in each case; Clemency recommended by the Warden,

trial Judge,Hon.J.R.Hutcheson and says Downs,whom

he has known all his life,has served the first sen-

tence; Commuted Feb. 10, 1934.



EI1METT UPSHAW: Muscogee County Superior Court; Nov. term 1932; Assault to murder; 2 to 4 years; Clemency recommended by citizens; Commuted Feb. 13, 1934.

TALMADGE COLEY: Houston County Superior Court; Spring term 1924; Sentenced 12 to 20 years; Poor physical condition,and unable to work; Commuted February 13, 1934.

QUINTON JOHNSON: Hancock County Superior Court; Sept. term 1932; Burglary; 2 years; Clemency recommended by the prosecutor,jurors,trial Judge,Solicitor-General and Warden; Commuted February 13,1934.

WALTER DEWBERRY: Cook County Superior Court; Nov. term 1926; Murder; Life; Recommended by Hon. B. Powell,Trial Judge and Solicitor-General; Commuted February 13, 1934.

GEORGE JACKSON: Troup County Superior Court; July term 1921; Murder; Life; Clemency recommended by the Solicitor-General,Clerk Superior Court,

TUESDAY, jANUARY 22, 1935

331

Deputy Sheriff,Solicitor of the City Court and the Warden; Commuted Feb. 13, 1934.
HUEY CA!1PBELL: Calhoun County Superior Court; December term 1917; Murder; Life; Good prison record;Corrmuted Feb. 13,1934.
CHARLEY HALL: Upson County Superior Court;:March term 1932; Robbery; 2 yrs; Clemency recommended by the warden; Commuted Feb. 13, 1934.
CHARLIE HARGROVE: Liberty County Superior Court; Simple larceny; Sept.term 1931; 2 to 4 yrs;Clemency recommended by Hon. J. Saxton Daniel,trial Judge; Commuted February 13, 1934.
EUGENE BYRD, alias BLACKMON: Fulton County Superior Court; liay term 1930; Forgery; 5 to 7 years in 3 concurrent cases; Clemency recommended by the Warden,County Officials and others; Conmuted Feb. 13, 1934.
WILLIAM TOLAND and ALDINE :MOORE: Spalding County Superior Court; Feb. term 1933; Burglary; 12 mos. & 2 years to follow; Recommended by the guards,warden, citizens and City Officials and Judge Wm.E.H.Searcy, Jr; Commuted Feb. 14,1934.
H.E. EVANS: Bibb Co., Superior Court; August term 1932; Burglary; 1 to 5 yrs;l'lother needs him; Commuted February 15, 1934.
MURRAY FULCHER and OLIVER LEWIS: Crawford County Superior Court; March term 1932; Burglary; 5 to 10 years; Recommended by the trial Jurors,Officials and citizens. Families absolutely dependent upon charity; Commuted Feb. 15,1934.
WM. SLAUGHTER: Spalding County Superior Court; January term 1923; :Murder; Life; Clemency recormnenGed by all living Jurors,and not opposed by the trial
FJuedbg.e1s5o, li1c9i3t4o.r-General and the warden; Commuted

332

JouRNAL OF THE HousE,

ZEB CARTER: Jeff Davis County Superior Court; June term 1931; Burglary; 7 to 10 years; Recommended by the prosecutor,trial jurors,county officials, the Warden and others; Comnru.ted February 15, 1934.
KER11ET GILBERT: Upson County Superior Court November term 1932; Burglary; 2 years; Recommend'ed by the trial Judge;Solicitor-General,County Officials and others; Commuted Feb. 17, 1934.
Wii.LTER WALTOWER: Burke County Superior Court; October term 1923; Murder; Life;Clemency recommended by the Warden,Sheriff and other County Officials, Chairman County Commissioners and others; Commuted Feb. 17, 1934;
WILLIE SPIRES: Telfair County Superior Court; February term 1930; Murder; Life; Clemency recommended by County Officials,County and City Officials of Bulloch County and a number of responsible citizens; Commuted Feb. 19, 1934.
SIM vffiiGHT: Fulton County Superior Court; June term 1922; Robbery; 19 to 20 years; Recommended by officials and not physically able to perform hard manual labor; Commuted Feb. 28, 1934.
LOYD RICE: Fulton County Superior Court; September term 1932; Misdemeanor & Assault to murder; 6 mos. and 2 years; Recommended by the trial Judge and Solicitor-General; Commuted Feb. 28, 1934.
DORSEY PEEPLES: Schley County Superior Court; April term 1921; Murder; Life; Recommended by the trial Jurors,County Officials,County Commissioners and respo~sible citizens; Commuted February 28, 1934.
RALPH MCvlliORTER(col): Fulton Co.,Superior Court; l"la.rch term 1932; Burglary; 3 to 5 years; Clemency recommended by the trial, Judge and Solicitor-General;Commuted Februe..ry 28, 1934.
W~J .WEAVER: Fulton Co.,Superior Court.;' July term

fUESDAY, jANUARY 22, 1935.

333

1931; Robbery; 4 yrs. (2 concurrent cases);Clemency recommended by the Warde~,Guards,Commissioner of Roads and Revenues of DeKalb Co.,and the trial Judge,Hon.Virlyn B. Moore;Commuted February 28,1934.
MAJOR CL~frS(Col): Jasper Co.,Superior Court; August term 1928; Murder; Life; Clemency recommended by the trial Judge,trial Jurors,County Official~ Warden and others; Commuted March 1, 1934.
J.P. MURRAY: Fulton County Superior Court;Robbery 4 to 10 years; November term 1930; Recommended by the Superintendent and Warden; Commuted March 6, 1934.
GEORGE JACKSON: Burke Co., Superior Court; May term 1928; Murder; Life; Clemency recor~ended by grand Jurors,County Commissioners,tria.l jurors, Solicitor-General,Wardens,County Officials and others; Commuted March 7, 1934.
EUGENE L. CRAWFORD: DeKalb Co., Superior Court; December term 1932; Bigamy; 3 to 5 years; Recorrnnended by the Warden, County Officials,County Commissioner,LawfUl Wife and others; Commuted March 29, 1934.
JOHN HARRISON: _Gwinnett County Superior Court; !'larch term 1932; Burglary; 2 to 3 years; Clem~ncy recorr@ended by a number of Citizens,Sheriff,Deputy Sheriff,County Corr~issioners and others; Commuted March 29, 1934.
TOl"' KENDRICK: Stewart County Superior Court; October term 1924; :t-1urder; Life; Recommended by the County Authorities,Wardens and others; Commuted March 29, 1934.
GENE MERRITT: Webster County Superior Court; April term 1932; Rape; 5 to 10 years; Clemency recommended By L.G.Council of Americus,Ga. Corr~uted March 29, 1934.
OLLIE BUTT: Hall County Superior Court; Fall term

JouRNAL oF THE HousE,

1926; Assault to Murder; 9! to 10 years; Recommended by warden,Guards and Dr. E.W. Watkins,Ellijay, Ga. Commuted March 21, 1934.

GEORGE STRICKLAND: Fulton County Superior Court; November term 1931; Burglary; 3 to 5 years; Clemency recommended by those under whom he served; Commuted March 14, 1934.

ADAM PRESSLEY : Newton county Superior Court; September term 1923; Manslaughter; 15 to 20 years; Clemency recommended by the trial Judge,Hon.John B. Hutcheson; Commuted March 14, 1934.

WILLIAM JOHNSON: Muscogee County Superior Court; Feb. term 1930; Larceny from house and Misdemeanor; 5 to 8 years and 12 months; Recommended by the Chairman of Commissioner of Marion County broken arm and very little service to the county or state; Commuted March 14, 1934.

BILL MCFADDEN: Effingham County Superior Court; April term 1920; Murder; Life; Recommended by Wardens,Sheriff,Clerk of Court,trial Judge and others; Commuted ~~rch 15, 1934.

TROY WILLIP.JE: Spalding County Superior Court;

October term 1932; Assault to Murder; 2 years;

Recommended by the Solicitor-General, Warden,guards:

Chairman County Commissioners and others; Commuted

March 14, 1934.



RALPH MCCOMBS: Carroll County Superior Court; October term 1927; Manslaughte:r; 13 to 15 years; Recommended by the Solicitor-General,County Commissioner,Warden,guards and others;Corr~uted April 11, 1934.

JAKE JONES: Lincoln County Superior Court;October term 1932; Shooting at another; 2 to 4 years; Clemency recommended by the trial Judge; trial jurors, Warden and others; Commuted April 12,1934.

NICK HILL: Wilkes County Superior Court;August

TuESDAY, jANUARY 22, 1935.

335

term 1931; Vel-Manslaughter; 12 to 12 years; Recommended by the trial Judge,jurors,County Officials and responsible Citizens; Commuted April 12,1934.
WAYMOND JOHNSON: Hart County Superior Court; December term 1932; Seduction; 2 years; Warden, guards and trial jurors recommended parole; Commuted April 6, 1934.
JOHN WILSON: December term 1930; Ware County Superior Court; Simple larceny; 5 years; good prison record; Commuted April 7, 1934.
ERNEST ROBERSON: Wheeler County Superior Court; Spring term 1931; Burglary; 3 to 5 years; Clemency recommended by the Wardens and guards,Judge Eschol Graham does not oppose; Commuted April 3, 1934.
WILLIE BOHANNON(Colored): Haralson County Superior Court; January ter.m 1932;Assault to murder; 4 to 5 years; Clemency recommended by the trial jurors,Judge,Solicitor-General and prosecutrix; Commuted April 3, 1934.
COTTIE NORMAN(Colored): DeKalb County Superior Court; October Special tenn 1932; Burglary; 2! to 5 years; Recommended by the Trial Judge,SolicitorGeneral has no objection; Commuted April 19, 1934.
LONNIE HALL: Randolph County Superior Court; May term 1925; Murder; Life; Recommended by the grand jurors,trial jurors,County commissioners,warden and others; Commuted April 20, 1934.
LOEBEL ALLEN: Fulton County Superior Court;April Term 1933; Larceny after trust; 2 to 4 years; Recommended by trial Judge and others; Commuted April 23, 1934.
HESTER TAYLOR(Colored): Liberty County Superior Court; September Term 1927; Vel-manslaughter; 10 to 15 years; Recommended by Warden; Commuted April 24, 1934.

336

JouRNAL OF THE HousE,

CHARLIE ROBINSON: Polk County Superior Court; February term 1932; Larceny of auto; 4 to 5 years; Recommended by the trial Judge,Solicitor-General and Warden; Commuted April 24, 1934.
MRS. BETTIE COBB: Fulton County Superior Court; November term 1930; Vel-manslaughter; 10 to 20 years; Recommended by Hon. John H. Hudson,Asst. Solicitor-General Fulton County; Commuted April 24, 1934.
ROBERT GRESHAM: Walton County Superior Court; Murder; Life; Spring term 1923; Recommended by the County Commissioners and warden; Commuted April 25,1934.
J,E. ENTREKIN: Bibb County Superior Court; April term 1929; Larceny of auto; 3 to 5 years; Recommended by the Solicitor-General; Commuted April 25, 1934.
JIM SMALL: Tift County Superior Court; July term 1924; Murder; Life; Clemency recommepded by the Warden,County Commissioners and others and not opposed by the trial Judge and Solicitor-General; Commuted May 1, 1934.
WALTER ABERCROMBIE: Muscogee County Superior Court; November term 1933; Sentenced 3 to 5 years; AssaulL to murder; Recommended by the Warden and the Judge has no objections; Commuted May 3, 1934.
RAINEY CAUTHEN: Fayett Co., Superior Court;December term 1925; Murder; Life; Recommended by Warden,guards,Officials,County Commissioners and Citizens; Commuted May 8, 1934.
SAM KNOWLES: Putman County Superior Court;September term 1927; Murder; Life; Recommended by Warden and officials; Commuted May 8, 1934.
HILL MCCOY: Polk County Superior Court; August Adj. term 1926; Murder; Life; Recommendations by the trial Judge and Solicitor-General; Commuted

TuESDAY, JANUARY 22, 1935.

337

:May 8, 1934. LESTER MCLENDON: Treutlen county Superior Court;
August term 1923; MUrder; Life; Recommended by the trial Judge,trial jurors,and Wardens; Commuted May 9, 1%4.
RAYMOND SKIPPER: Spalding County Superior Court; November Term 1932; Robbery; 2 yrs. Recommenced by the trial Judge,all the trial jurors and citizens including County and City Officials; Commuted May 9, 1934.
W.J. GORMAN: Lowndes County Superior Court; May term 1932; Val-Manslaughter; 5 to 10 years; Clemency recommended by citizens,county off1c1als,tr1al jurors and others; Commuted May 9, 1934.
FLOYD PHILLIPS: Carroll County Superior Court; April ter.m 1933; Simple larceny; 3 to 5 years; Recommended by the prosecutor,trial Judge,SolicitorGeneral; Warden,guards,county offic1als~County Comm(ssioners and citizens; Commuted May 9th, 1934.
JAMES FLOYD: Fulton County Superior Court; May term 1930; Val-Manslaughter; 5 to 10 years; Solicitor General and trial Judge do not oppose;Commuted May 10, 1934.
LEO :MCCULLAR(Colored): Laurens County Superior Court; January term 1931; Burglary; 10 years; Recommended by the trial Judge,Solicitor-General, Warden, prosecutor,and others; Commuted May 10,19~
CECIL EDWARDS: :Muscogee County Superior Court; February term 1933; Larceny of auto; 2 to 5 years; Recommended by the Warden,County Commissioners, County officials and others; Commuted May 10, 1934.
WILLIE DORSEY: Richmond County Superior Court; October term 1931; Bestiality; 5 to 6 years; Recommended by the So1icitor-General,Sheriff and Deputy Sheriffs,Warden,Officers of Columbia County,and others; Commuted :May 11, 1934.

338

JouRNAL OF THE HousE,

WILLIE B. LOWE: Bibb County Superior Court;February term 1930; Murder; Life; Recommended by the Solicitor-General,trial jurors,Warden;Commuted May 11, 1934.
JIM GREEN: Macon County Superior Court; Spring term 1925; Murder; Life; Recommended by County Commissioners,Warden,Guards and others; Commuted May 11, 1934.
CHARLIE HOGAN(Hogue): Fulton County Superior Court; Spring term 1922; Rape; 20 years; Recommended by Wardens under whom served; Commuted May 16, 1934.
JAKE HARDAWAY: Harris County Superior Court; Murder; Life; September term 1928; Recommended by the Sheriff,Clerk of Court,Solicitor-General,and W.H. Spence~.u.s. Marshal and former Sheriff. Health very poor; Gommuted May 16, 1934.
BELAND F. STP~S: Richmond County Superior Court; September term 1929; Murder; Life; Recommended by Officials,trial Jurors and a number of other~ Hon. A.L. Franklin,Judge Superior Court; Commuted May 18, 1934.
FED(W.C.)DOLLAR: Fulton & DeKalb Cos. Superior Court; January term 1925,0ctober Special 1926; Burglary and Larceny of auto; 10 to 15 and 1 year; Recommended by the trial Judge,Solicitor General, Members of the trial Jury and Prosecutor the second case; It is ordered that he be pardoned in the second case,and paroled in the first case;Commuted May 23, 1934.
PROFESSOR TAYLOR,alias BUCK: Clarke County Superior Court; January term 1930; Manslaughter; 20 years; Recommended by the warden,guards,Chairman of the County Commissioners,trial Jurors,County Officials,Sheriff,Tax Receiver,Tax Collector & otllers; Commuted May 23, 1934.
ROBERT ~r.KINS: Bibb County Superior Court;Nov-

TUESDAY, jANUARY 22, 1935.

339

ember term 1932; Burglary; 2 to 5 years; Wife and children dependent on applicant. Recommended by officials and others; Commuted May 23, 1934.
JOHN HENRY BRADY: Morgan County Superior Court; September term 1920; Murder; Life; Good prison record; Commuted May 23, 1934.
NOAH MURDOCK: Campbell County Superior Court; Spring term 1931; Burglary; 5 to 7 yrs; Recommended by Warden,Solicitor-General and trial Judge; Commuted May 24, 1934.
GOLSON HOOK: Fulton County Superior Court;March term 1931; Robbery (3 cases), Larceny of auto(4 cases); 2 to 5 years in each of the 3 cases,and 1 to 5 in each of 4 cases; Recommended by the trial Judge,Solicitor-General,Warden and guards;Commuted May 24, 1934.
CURTIS MOSELEY: Spalding County Superior Court; November term 1932; Robbery; 2 yrs; Trial Judge recommends that the same action be taken in this case as in the Raymond Skipper case, which is a companion case to this; Commuted May 29, 1934.
C.L. BRIDGES: Coweta County Superior Court;March term 1932; Burglary; 5 yrs; Recommended by the Solicitor-General, trial Judge and County officials; Commuted May 31, 1934.
GRANT WARNER: Coweta County Superior Court;March term 1932; Burglary; 5 to 7 yrs; Recommended by the Solicitor-General,trial Judge,Warden and County officials; Commuted May 31, 1934.
HENRY SANDIRS,alias BLACKBERRY: Richmond County Superior Court; September term 1930; Murder; Life; Recommended by the Warden,trial Judge and SolicitorGeneral; Commuted May 31, 1934.
ALBERT WITHEROW: Murray County Superior Court; August term 1932; Manslaughter; 5 years; Recommended by trial Judge,Solicitor-General Clerk of Court;

340

JouRNAL OF THE HousE,

Sheriff, Attry for prosecutor,Wardens & gua.rds,members of family of the party who was shot and responsible citizens; Commuted June 5, 1934.
ALI<,ONZE FA.RI'1ER,GRADY HORTON,WOODROW SMITH: Carroll County Superior Court; April term 1933; Simple larceny; 3 to 5 years; Recommended by the prosecutor,Sherif'f',Clerk of' Court,Warden,guards,County Commissioners,Ordinary and others; Commuted June 7, 1934.
CLEVELAND BROWN: Fulton County Superior Court; January term 1932; Assault to murder; 5 to 10 year~ Recommended by Judge E.D. Thomas,trial Judge;Solicitor-General has no objections; Commuted June 8, . 1934.
R.C. IiERRIMAN: Fulton County Superior Court; Janua:ry term 1920; Sodomy; Life; Recommended by the trial Judge,Solicitor-General and officials. Poor health; Commuted June 8, 1934.
ARNOLD WHITE: Spalding County Superior Court; June term 1932; Burglary; 2 years; and 1 year; Recommended by the trial jurors,Warden,Judge Wm.E.H. Searcy,Jr. and citizens; Commuted June 9, 1934.
JESSIE GIBSON: Iiuscogee County Superior Court; November term 1920; Murder; Life; Recommended by trial Judge,warden and guards and others; Served practically 13 years actual time; Commuted June 13, 1934 . HERSCHEL ROBINSON: Fulton County Superior Court; Iiay term 1930; Assault to murder; 8 to 10 years; Clemency recammended by the Judge and SolicitorGeneral. Commuted June 13, 1934.
ALBERT RICHARDSON: Chattooga County Superior Court; October term 1925;Iiurder; Life; Recommended by the trial Jurors and others; Commuted June 13, 1934.
ED BROvill GASKINS: Ware County Superior Court;

TUESDAY, JANUARY 22, 1935.

341

May term 1933; Robbery; 4 to 8 yrs.; Recommended by the trial Judge,Solicitor-General,Officials and guards; Commuted June 14, 1934.
MELTON HENSON: Cook County Superior Court; Fall term 1921; Murder; Life; Clemency recommended by the Supt. and Warden; Commuted June 14, 1934.
DAN TYRE: Pierce County Superior Court; April term; 1930; Murder; Life; Clemency recommended by the trial Jurors,County Officials,Wardens and a number of citizens; Commuted June 27, 1934.
BUDDIE IKE LOVETT: Peach County Superior Court; April term 1933 Assault to Murder; 2 to 5 years; 2 to 5 years; ciemency recommended by the Judge, Solicitor-General,Trial Jurors and others; Commuted June 28, 1934.
JESSIE MCDONALD: Fulton County Superior Court; January term 1927; Murder; Life; Recommended by Wardens,Guards,and the trial Judge; Commuted June 14, 1934.
DAISY BEAL: Floyd County Superior Court; July term 1932; Assault to Murder; 3 to 5 yrs; Clemency recommended by the trial Judge,Solicitor-General, Judge City Court,Sheriff and Deputy Sheriffs; Commuted June 15, 1934.
EMORY FRANCIS: Bleckley County Superior Court; July Adj.term 1931; Vel-manslaughter; 10 years; Clemency recommended by the trial Judge,SolicitorGeneral and others; Commuted June 15, 1934.
JOHN CHOATES,JR: DeKalb County Superior Court; June term 1932; Assault to Murder; 3 to 6 years; Clemency recommended by the Solicitor-General,trial Judge,County and City Officials and others; Commuted June 15, 1934.
WILL LUMPKIN: Meriwether County Superior Court; Feb. term 1921; Assault to murder;lO years; Clemency recommended by the Solicitor-General,County Officials, County Comm!ssioners,Warden and Guards; Commuted

342

JouRNAL oF THE HousE,

June 21, 1934. WILL WIGGINS: Coffee County Superior Court;Fall
term 1926; Manslaughter; 15 to 20 years; Clemency recommended by officials and has a wife and 10 children in need of his support; Commuted June 21, 1934.
NEAL FULFORD: Laurens County Superior Court; January term 1932; Manslaughter; 15 to 20 years; Clemency recommended by the trial Judge,Jurors, Prosecutor,Wardens,County officials and the Solicitor-General does not oppose; Commuted June 22,1934.
RUFUS BROWN: Morgan County Superior Court;March term 1922; Murder; Life; Clemency recommended by the Warden,Sheriff,Clerk of Court and other officials and citizens; Commuted June 28, 1934.
JOE KENDRICK: Hall County Superior Court;July term 1932; Manslaughter; 3 to 5 years; Clemency recommended by County officials,Warden and the Solicitor-General and trial Judge have no objections; Commuted June 28, 1934.
GUS JONES: Jenkins County Superior Court;March term 1918; Manslaughter; 20 years; Clemency recommended by the presiding Judge,the present Judge of the Circuit,Solicitor-General and County Officials; Commuted July 10, 1934.
JOHN PONDER: Fulton County Superior Court; September Term 1930; Vol-~illnslaughter; 8 to 10 years; Clemency recommended by the trial Judge,Warden and other parties; Commuted July 11, 1934.
WALTER MCFARLAND: Fulton County Superior Court; March term 1933; Robbery; 2 to 4 yrs.(& 12 months concurrently); Clemency recommended by the Judge Edgar E. Pomeroy; Commuted July 11, 1934.
FARRIS WATTS: Fulton County Superior Court; September term 1929; Burglary and larceny of auto; 2 to 5,and 2 to 5 years; Clemency is recommended tor

TUESDAY, JANUARY 22, 1935.

343

him by the trial judge and others; Commuted July 1~ 1934.
COLEMAN BLALOCK: Fulton County Superior Court; April term 1927; Murder; Life; Clemency recommended by the Warden,Superintendent of the Fulton County Warehouse,and Hon. John D. Humphries,the trial Judge,states that he has no objection to parole; Commuted July 21, 1934.
HENRY SEWELL: Muscogee County Superior Court; February term 1933; Burglary; 3 to 5 years; Clemency is recommended for him by the prosecutor,trial Judge,jurors,and Warden under whom he served;Commuted July 26, 1934.
SAM KING: Upson County Superior Court; November term 1925; Murder; Life; Clemency is recommended for him by the trial Judge,Solicitor-General,trial Jurors,warden,Sheriff,Clerk of Upson Superior Court and others; Commuted July 26, 1934.
DENNIS WALSH: Ben H!ll County Superior Court; January term 1932; Assault with intent to murder; 3 to 5 years; Clemency is ~ecommended for him by the prosecutor,trial jurors,Judge,Sol1citor-General,County Officials and others; Commuted July 31, 1934.
LEHMON MONS: Bulloch County Supperior Court; October term 1932; Burglary; 5 years; Clemency recommended by the Solicitor-General,prosecutor,warden and Chairman of the County Commissioners of Bulloch County; Commuted August 6, 1934.
LOU BAKER: Harris County Superior Court; July term 1933; Mfg. Liquor; 2 to 5 years; Clemency is recommended for him by the trial Judge and Solicicitor-General at the completion of one year's service; Commuted August 20, 1934.
WAYNE BROOKSHIRE: Bartow County Superior Court; July term 1933; Arson; 2 to 3 years; Clemency is recommended for hL~ by the Solicitor-General,

344

JouRNAL oF THE HousE,

Sheriff of Bartow County,c1t1zens of Bartow County, and the family of applicant is badly in need of his support; Commuted August 22, 1934.
D.P. CRAWFORD: Greene County Superior Court; July term 1933; Burglary; 3 to 5 years Clemency is recommended for him by the prosecutor,Sol1citorGeneral and trial Judge; Commuted September 7,1934.
JOHN JONES: Fulton County Superior Court; July term 1932; Shooting at another & Misdemeanor; 2 to 4 years and 12 months; Prison Commission recommended parole as to felony and probation as to misdemeanor; Commuted; September 19, 1934.
SAM DOUGLAS: Dougherty County Superior Court; March term 1932; Burglary; 5 to 10 years; Clemency is recommended by the Sheriff of Dougherty County; Commuted September 19, 1934.
JACK BELMONT,alias Robert B.Smith: Fulton County Superior Court; July term 1931; Rape; 3 to 5 years; Clemency is not opposed by the trial Judge, Solicitor-General,and is recommended by trial Jurors and others; Commuted September 19, 1934.
H.E. JACKSON: Cherokee County Superior Court; February term 1932; Burglary; 6 to 10 years; Clemency recommended by trial jurors,Judge,Solicitorat the time of trial,a number of citizens and county officials of Cherokee County; Commuted September 20, 1934.
J.R. MARTIN: Fulton County Superior Court;March term 1933; Burglary; 2 to 5 years; Clemency recommended for him by the County Commissioners and others of Gwinnett County and others; Mr. C.T.
Jennings of the Winn & Lovett Grocery Company of
Georgia recommends leniency and states that he believes,"that Martin was only a look-out~Judge E. Pomeroy,the trial Judge,states"Any consideration extended this man meets my approval."Commuted September 20, 1934.

TUESDAY, jANUARY 22, 1935.

345

VIOLA WILLIS: Bulloch County Superior Court January term 1932; Assault to murder; 7 years;Clemency is recommended for her by the trial Judge, Solicitor General,Clerk,Sheriff and Ordinary of Bulloch County; Commuted September 27, 1934.

GEORGE CLARK: Fulton County Superior Court;Nov-

ember term 1932;Shooting at another; 2 to 4 years

and 12 months; Clemency is recommended by one of

the prosecutors, warden al recommends parole at

and the

gcuomaprdles ~1Sioonli

citor-Generof the mini-

mum felony sentence; October 1, 1934,when commuted.

GEORGE PROCTOR: Monroe County Superior Court; August adjourned term 1932; Shooting at another; 4 years; Clemency is recommended by the main prosecuting witness,by all of the trial jurors in the State and the warden; C0mmuted October 6, 1934.

CHARLEY WIMBERLY: Houston County Superior Court; April term 1925; Murder;Life; Clemency is recommended for him by trial jurors,County Commissioner~ county officials,warden and others and is not opposed by the Solicitor General; Commuted October 8, 1934.

DAN WHITLEY: Berrien County Superior Court;September term 1928; Murder; Life; Clemency is recommended for him by all of the trial jurors,by grand jurors,County Commissioners and county officials of Berrien County,wardens and guards,relatives of the deceased,several hundred citizens of Berrien and Irwin counties and the Solicitor-General;Commuted October 10, 1934.

ROY WILKERSON: Haralson Com1ty Superior Court; January term 1932; Manslaughter; 15 years; Clemency is recommended by the Solicitor-General,Grand jurors, Trial Jurors,County Officials,Warden and Guards; trial Judge states he desires to enter no objections to clemency; Commuted October 10, 1934.

ED BRYANT: Fulton County Superior Court; January term 1933; Burglary; 2 to 4 years; Clemency is re-
I

346

JouRNAL or THE HousE,

commended by the trial Judge,Warden and a number of citizens; Commuted October 10, 1934.

JIM AYERS: Habersham County Superior Court; August term 1932; Rape; 5 to 15 years; Clemency is recommended for him by the prosecutor,trial Judge, Solicitor-General,County officials,warden and . others; wife and 5 small children in need of his support; Commuted October 10, 1934.

CLINE BAILEY: Fulton County Superior Court; May term 1932; Forgery; 3 to 5 years; Clemency recommended by the warden under whom he has served,and Mr. H.E. Maughon,the party whose name was forged; Commuted October 10, 1934.

DICK TONEY: Muscogee County Superior Court; May

term 1933; Larceny auto; 2 to 5 years; Clemency is

recommended for him served; a number of

by res

pthoensWibalredencituinzdeenrs,WJuhodmgheec.

F. McLaughlin,the trial Judge; Commuted October 11,

1934.

PAUL CURRIER, alias_ "Snag": Fulton County Superior Court; September term 1929; Robbery; 7 to 12 and 7 to 12 years; (Prison Commission recommends parole as to first sentence and pardon as to second) Clemency is recommended for him by the Warden and guards; County Physicia.n,party who was robbed and others;Commuted October 11, 1934.

ELLIOTT LANIER: Bulloch County Superior Court; January term 1932; Assault to Murder; 2 to 3 years; Clemency is recommended for him by the prosecutor, trial Judge,Solicitor-General,Warden and others; Commuted October 11, 1934.

WILLIAM HENRY DELOACH: Chatham County Superior Court; December term 1913; Murder; Life; Clemency is recommended for him by county officials and others of Coweta County; Commuted October 11, 1934.

LOUIS SHELLEY: . Randolph County Superior Court; November term 1923; Murder; Life; Clemency is re-

TUESDAY, jANUARY 22, 1935.

347

commended for him by the County Commissioners of Randolph County,Warden under whom he is serving, trial jurors,county officials and others; Commuted October 11, 1934.
WINFRED TURMAN: Franklin County Superior Court; March Adj. term 1933; Vel-Manslaughter; 2 years; Clemency is recommended by all of the trial jurors, warden,former county policemen and others; Commuted october 13, 1934.
CLARA LUMPKIN: Muscogee County Superior Court; February term 1933; Vel-Manslaughter; 4 to 8 years; Clemency is recommended for by the trial Judge, warden under whom he served and others; Commuted October 15, 1934.
ED.alias ALVA EDRINGTON: Fulton County Superior Court; September term 1930; Sodomy; Life; Clemency is recommended for him by a number of parties who state that his previous record was good,Warden, Guards and Chairman of the county Commissioners of Oconee County; Commuted October 16, 1934.
WILL LYONS: Carroll County Superior Court;April term 1933; Burglary; 2 to 3 years; Clemency is recommended by the trial Judge,Solicitor-General, prosecutor,Warden,county officials and others; Commuted October 16, 1934.
LIBBY NEWSOME: Toombs County Superior Court; May term 1933; Burglary; 2 to 3 years; Clemency is recommended by the trial Judge,Solicitor-General, prosecutor and county offiGials; Family in destitute circumstances; Commuted October 17, 1934.
W.M.BOWENS: Coweta County Superior Court;March tenn 1933;Burglary;3 to 5 years;Clemency is recommended for him by the Warden,Chairman and Clerk of County Commissioners,Clerk of Superior Court,Sheriff and Deputy Sherifi;Commuted October 19,1934.
R.H. COOPER: Bibb County Superior Court; May term 1933; Robbery; 3 to 7 years; Clemency recommended for him by the Superintendent,wa.rden and

348

JouRNAL OF THE HousE,

guards and chief of police Watkins at Macon,Detective Bowden and others; Commuted October 19, 1934.
JOHN HODO: Coweta County Superior Court; September term 1933; Receiving stolen goods; 2 to 3 year~ Clemency is recommended by county officials,trial jurors,warden and citizens; Commuted October 19, 1934.
ALBERT COOPER: Dodge Superior Court; November term 1932; assault to murder; 5 to 10 years; recommended by trial jurors,County Commissioner and Sheriff; commuted October 24, 1934.
A.B.(BERNARD)GORDY: Taylor Superior Court;October adjourned term 1929;Murder; Life; Clemency recommended by officials under whom he served, trial jurors,county officials,the principal witness in the case,and a number of responsible citizens of Taylor County; commuted October 24, 1934.
ELTON STROBRIDGE: Jenkins County Superior Court, September term 1922; murder; life; good prison record; clemency recommended by trial judge, Solicitor-Genera.l,Warden,County Commissioners and others; commuted October 241 1934.
HEYWA..RD HOLLIDAY: Jenkins County Superior Court; September term 1923;life; served more than 11 years with good prison record; clemency recommended by Warden,County Commissioners,trial Judge and Solicitor-General; Commuted October 24, 1934.
LEVI CAPE: Pickens County Superior Court; April l930,December term 1932; murder,burglary; sentenced life; 10 and 20 years; clemency recommended by trial jurors,Solicitor General,Warden and guard; Trial Judge has no objections; Commuted October 24, 1934.
L.L.CHADWICK: Fannin County Superior Court;August t~r.m 1933; burglary; 1 to 2 years(paroled 67-33 by Governor on a sentence of 3 to 5 years) clemency recommended by Wardens and officials,Sol-

TuESDAY, JANUARY 22, 1935.

349

icitor-General,trial Judge and others; coMmuted October 25, 1934.

ROBERT HARDY: Taylor County; Superior Court; october term 1927; burglary; 10 to 15 years; good prison record; recommended by Warden,County Cvmmissioners; county officials where applicant is servirg and they state he is not strong physically and is blind in one eye; comrnuted October 25, 1934.

ANDERSON FRANKLIN: Cobb County Superior Court; March term 1915 and 1918;burglary; 15 and 15 and 10 years; clemency recommended by present warden and a former warden under whom he served for eight years, both state his record has been good; also recommended by the trial Judge; commuted October 25, 1934.

OTIS DUKE: Henry County Superior Court;September term 1931; vel-manslaughter; 10 to 20 years; good prison record; clemency recommended by Warden, County officials,County Commissioners and large number of citizens Henry County; clemency is not opposed by the Solicitor-General and trial Judge; commuted October 25, 1934.

SAM AUSTIN: Polk County Superior Court;September term 1933; burglary; 3 to 5 years; clemency is recommended by trial Judge,Solicitor General prosecutor ,County Commissioners and Warden and guards; Commuted October 25, 1934.

JOE FRAZIER: Fannin County SUperior Court;August

term 1933; manslaughter; 10 to 15 years; Clemency

recommended by the prosecutor,brother of the deceas-

ed,by wife of the deceased,large number of citi-

zens and county officials of Fannin County,Warden,

and is not opposed by the Solicitor-General;Wife

and five small children in destitute condition.

Commuted October CHARLIE CONE:

M25i1 l

1934. ler County

Superior

Court;April

term 1932; assault to murder; 6 to 8 years; good

prison record; recommended by trial jurors,Warden,

and large number of responsible citizens; commuted

October 30, 1934.

350

JouRNAL oF THE HousE,

B.J. HILL: Worth County Superior Court; May term 1929; val-manslaughter; 20 years; clemency recommended by Solicitor-General,County Commissioners, County Officials,and others; Commuted November 8,
1934.
DAVE CHISHOLM: Spalding County Superior Court; June term 1933; robbery; 4 yrs; reconmended by Deputy Warden and trial Judge recommends clemency; Solicitor General also concurs in recommendation; commuted November 9, 1934.
AMOS WALKER: Upson County Superior Court;Spring term 1926; murder; life; good record; clemency recommended by trial jurors and Warden;commuted November 14, 1934.
GEORGE HILL: Clarke County Superior Court; January term 1933; assault to murder; 2 to 3 years; clemency recommended by Warden,tr1al Judge and Solicitor-General states he has no. objections;Commuted November 14, 1934.
DAVE DURHAM: Berrien County Superior Court; Fall Term 1926; Val-manslaughter; 15 to 20 years; recommended by trial Judge,Solicitor-General,Warden and guards; county Commissioner and county officials; commuted November 14, 1934.
HENRY JOHNSON: Fulton and Gilmer Counties; November term 1929 and May term 1932; robbery; felony; 4 years; 2 years,concurrent; recommended by trial Judge,Warden and others; commuted November 14,1934.
GEORGE RUCKER: Hall County Superior Court; July term 1933; larceny of cotton; 2 to 3 years; good record,recommended by trial Judge; commuted November 14, 1934.
BROOKS MINCHEW: Clinch County Superior Court; October term 1926; murder; life; clemency recommended by Solicitor-General,trial Jurors; county officials; Warden and trial Judge; commuted November
14, 1934.

TUESDAY, jANUARY 22, 1935.

351

VIVIAN HUDSON: Warren County Superior Court;October term 1931; murder; life; good record and recommendations in file; commuted November 15, 1934.
NEWTON BUCK: Fulton County Superior Court;March term 1934; robbery; 2 to 4 years; good prison record; recommended by trial Judge and Special Agents of Ga. Power Company; commuted November 15, 1934.
T.H. BAILEY: Spalding County Superior Court;June term 1933; robbery; 4 years; recommended by Solicitor General,trial Judge; Sheriff and Deputy Sheriff and others; commuted November 15, 1934.
MORRIS MIMS,alias "TOOTSIE" .MIMS: Dougherty County Superior Court; September term 1931; 10 years to 10 years and 1 day; clemency recommended by Warden and guards,county officials,trial jurors and other responsible citizens; commuted November 19, 1934.
MORGAN CRAWFORD: Floyd County Superior Court; August term 1929; vel-manslaughter; 10 to 15 years; good record; clemency recommended by Judge c.F. McLaughlin and Warden; commuted November 21, 1934.
EMMETT CULPEPPER: Thomas County Superior Court; April term 1933; vel-manslaughter; 20 years; clemency recommended by foreman of jury,Coroner;Warden, Sheriff,Clerk ot Court,County Clerk and others; commuted November 21, 1934.
DUDLEY BENNING: Chattahoochee County Superior Court; March term 1933; assault to murder; 2 to 10 years; young negro 20 years of age; clemency is recommended by the party with whom he had the difficulty; also the father of party involved,and by responsible citizens of Chattahoochee; commuted November 23, 1934.
JOHN H. TAI11ADGE: Monroe County Superior Court; August term 1933; burglary; 3 to 5 years; clemency recommended by County Cammissioners,prosecutor; Warden; trial Judge and Solicitor-General do not oppose clemency. Commuted November 28,1934.

352

JouRNAL OF THE HousE,

THEODORE MONEY: Floyd County Superior Court; July term 1933; burglary; 3 to 4 years; clemency recommended by prosecutor,warden and guards,Solicitor-General,County officials and others; has wife and two small children in destitute circumstances; commuted November 28, 1934.
HENRY ANDERSON: Chatham County Superior Court; July term 1924; vel-manslaughter; 15 years; applicant's good prison record; commuted November 28, 1934.
SID MAGBY: Floyd County Superior Court;January term 1925; murder; life; good prison record; clemency recommended by Solicitor-General, a number of responsible citizens of Floyd County; Warden;commuted December 7, 1934.
TOM BALDWIN: Cherokee County Superior Court; August term 1933; larceny; 2 to 3 years; good prison record; clemency recommended by prosecutor, Warden and guards,County officials and others; commuted December 12, 1934.
T.B. MAPP: Fulton County Superior Court; September term 1933; larceny auto; 1 to 5 ~nd 1 to.5 years(and 3 concurrent cases); clemency recommended by trial Judge and Assrt. So1icitor-General,parties whose cars were stolen and others; commuted December 12, 1934.
BOB AND MATT KISER: Paulding County Superior Court; August term 1933;assault to murder; 3 to 5 years,and 1 to 2 years each; clemency recommended by wardens,trial Judge,the uncle of one of the prosecutors in case;trial jurors,and a large number of responsible citizens of Paulding County;Commuted December 12, 1934.
HARRIS K~ELL: Coffee County Superior Court; October term 1929; murder; life; clemency recommended by all trial jurors,Sheriff,Ordinary,County Cammissioners,Clerk of Court,Judge City Court;and trial Judge does not oppose; commuted Dec. 17, 19~

TUESDAY, jANUARY 22, 1935.

353

FRANK ELMORE: Laurens County Superior Court;

November term twice and has

r1e9c3e3n; tblyankbereonbbcoernyv;ic1te0dyienartsh; eeusc.asp.ed

District Court and sentenced to 10 years,and it is

recommended that he be paroled as to his sentence

tihnethseenGteenocregsiainPetnhieteun.tsia. ryP

in eni

order he tentiary;

may serve commuted

December 17, 1934.

WILL REDDICK,alias SAMBO: Jenkins County;Superior Court; September term 1925; murder; life;clemency recommended by trial Judge,Solicitor-General, Warden,County Commissioners and others; commuted December 18th, 1934.

WILL JAC~ON: Randolph County Superior Court; I'Iay term 1923; murder; life; served with good prison record for more than 10 years actual service; clemency recommended by a member of the Jury and Grand Jury; commuted December 18, 1934.

R.G. CURRINGTON: Talbot county Superior Court; September term 1926; murder;life; served more than seven years with good prison record; clemency recommended by the Widow of the deceased,SolicitorGeneral, County officials, Wardens and officials under whom he has served; co~nuted December 18, 1934.
H.w. ANDREWS: Bacon County Superior Court;May
term 1933; vel-manslaughter; 3 to 5 years; clemency recommended by Ordinary,clerk of Court,Sheriff, officials under whom he has served,all trial jurors, grand jurors; Judge Bacon County Criminal Court and a number of other responsible citizens; commuted December 20, 1934.

JOHN MCCASTOR: Muscogee County Superior Court; Fall term 1927; vel-manslaughter; 10 to 14 years; Good prison record; clemency is strongly recommended by Warden,and Sheriff; commuted December 21, 19~

BEN JONES: Fulton County Superior Court; March and July term 1926; larceny of auto; 2 to 5 and 2

354

JouRNAL oF THE HousE,

to 4 years; began service April 18, 1926,and escaped July 16, 1926,recaptured August 7, 1926; then served until October 24, 1926 and again escaped and remained out until October 9, 1930,since which time he has served with good prison record,or more than the minimum of each of his sentences; commuted December 22, 1934.
RAYMOND Y!U\BOROUGH: Ware County Superior Court; May term 1933; robbery; 2 to 10 years; clemency recommended by trial Judge and warden; also a number of citizens of N.C. where applicant's mother lives; commuted December 22, 1934.
CARLOS WHITFIELD: Emanuel County Superior Court; April term 1927; murder; life; clemency recommended . by trial Judge,Solicitor-General,prosecutor,warden and trial jurors; commuted January 3, 1935.
OSCAR MOONEY: Muscogee County Superior Qourt; November term 1933; burglary; 3 to 10 years; good prison record,youth of applicant; clemency recommended by trial Judge and others; applicant mother is in a pitiable condition; commuted January 9, 1935.
HORACE FJELDS: Coweta County Superior Court; March term 1932; burglary; 3 to 5 years; clemency recommended by Judge,Solicitor General,prosecutor, Warden and a large number of citizens; commuted January 9, 1935.
WATT KELLY: Coweta County Superior Court;September term 1932; robbery; 4 to 7 years; youth of applicant,good record; clemency recommended by wardens and officials under whom he has served; commuted January 9, 1935.
HOMER ECHOLS: Heard County Superior Court; September term 1932; manslaughter; 7 to 10 years; good prison record; clemency reconn:nended by trial jurors; county officials,officials under whom he has served and others; commuted January 9, 1935.

TUESDAY, jANUARY 22, 1935.

355

JOE ODUM: Coffee County Superior Court; October 1922-0ctober Adjourned term 1933; burglary; felony; 3 to 7 years and 4 years; clemency recommended by county officials,county commissioners,prosecutors, warden under whom he has served,trial Judge and others; family in very needy circumstances; commuted January 9, 1935.
LONNIE THORNTON: Madison County Superior Court; September term 1933; voluntary manslaughter; 2 to 3 years; youth of applicant; clemency recommended by county commissioner,county physician,warden and guards,trial Judge,Solicitor-General all trial jurors now residing in state; commuted January 9, 1935.
OSCAR DUT'l'ON: Fayette County Superior Court; July term 1925; murder; life; clemency recommended by Hon. J.W. Culpepper,Senator C.D. Redwine,warden~ guards,foreman of grand jury,Ordinary and others; commuted January 9, 1935.
BIRDIS HUNTER: DeKalb County Superior Court; September term 1932; assault to murder; 5 to 7 years; good prison record; recommended by Warden and trial Judge has no objection to parole; commuted January 9, 1935.
WALTER KIRBY: Evans County Superior Court; Octo. ber term 1932; Manslaughter; 5 years; clemency re-
commended by Sheriff,Ordinary,Chairman Evan County Commissioners; Clerk of Court,other county officials,warden and guards trial jurors,trial Judge, Judge City Court of Claxton and others; commuted December 14, 1934.
HENRY COPLIN, alias BEAR COPLIN,alias HENRY COKER: Early County Superior Court; murder; life; good record; recommended by trial Jurors,Warden and County officials; commuted January 11, 1935.

.356

JouRNAL or THE HousE,

COMMUTATIONS ALL CO~wruTATIONS RECO~ffiNDED BY PRISON COMMISSION
EXCEPT WHERE STATED. BOB & HERBERT SMITH: Fannin County Superior Court; April .1932; Burglary; 1 year; The Prison Commission recormnends Commutation to present service. Needy circumstances,recommended by a number of citizens,the trial Judge whatever action taken will be satisfactory with him; Commuted January 17, 1933. R.M. HOUSE: Elbert County Superior Court; July term 1932; Vel-Manslaughter; 1 to 2 years; Recommended by the trial Judge,trial jurors,Citizens and County officials of Rabun County Citizens from Habersham,Elbert and other Counties; Commuted January 19, 1933. ROBERT BRYANT: Chattooga County Superior Court; February term 1931; l'Iurder; Death; 18 yrs of age when crime was committed. Mentally and physically defective,son of an epileptic mother. The trial Judge-" A person cannot provoke a difficulty and then take the life of another and then justify the act." "Life imprisonment 11 .; Commuted Feb. 21, 1933. The Prison Commission declines to recommend clemency. VIRGIL MCBURNETT: Floyd County Superior Court; January term 1932; Burglary; 1 year; Wife and small children who need him. Recommended by the Solicitor-General and others; Commuted Feb. 9, 1933. RICHARD WILLIAMS: Whitfield County Superior Court; JUly term 1930; Murder; Life; Recommended by the trial jurors,Judge and Solicitor-General and Warden; Commuted January 26, 1933 WALLACE HUGHES: Fulton County Superior Court; July term 1932; Murder; Deatn; Deserted by drunken father,mother forced to go out and find work,little or no home training,evil surroundings.uLife im-

TUESDAY, JANUARY 22, 1935.

357

prisonment." Not reconrrnended by Prison Commission. Commuted Feb. 9, 1933.
JEFF BENEFIELD: Jefferson County Superior Court; November term 1932; Assault to I"'urder; 2 years; Clemency recommended by trial jurors,trial Judge and Solicitor-General. Broke leg while serving sentence. Corr~uted Feb. 16, 1933.
HENRY WADE: Fulton County Superior Court; Nay term 1932; Burglary; 1 year in three concurrent cases; Recommended by the trial Judge and the Warden; Commuted January 31, 1933.
THEODY HOWARD, alias MILLER: Pierce County Superior Court; April term 1929; Simple Larceny; 5 to 10 years; Recommended by the trial Judge,SolicitorGeneral,Warden,County Commissioner,Prosecutor and others; Commuted Feb. 3, 1933.
WILL D. KING: Meriwether County Superior Court; February term 1932; I"'fg. Whiskey; 2 to 4 years; Recommended by Judge,Solicitor-General,County Officials and Warden; Commuted Feb. 3, 1933.
TOl':I COLE: Colquitt County Superior Court;October term 1931; Murder; Death; Recommended by 11 of the trial jurors,l2th one dead,the Judge; Solicitor-General Sheriff, Deputy Sheriff,Chief of Police and ' others; Commuted February 2, 1933. "Life Imprisonment."
MANNING O'NEAL: Laurens County Superior Court; July term 1930; Murder; Life; Recommended by the trial Judge,Solicitor-General,County Officials, Foreman of Jury and Wardens. Poor health; Commuted Feb. 1, 1933.
CHAS. A. CAM~ON: Newton County Superior Court; January term 1932; Embezzlement; 2 to 3 years; Recommended by trial Judge,Solicitor-General,Warde~ County_Officials and others; Commuted Feb. 20,1933.
OSCAR JACKSON: Fulton County Superior Court;

358

JouRNAL oF THE HousE,

January term 1932; Burglary; 1 to 3 and 1 to 3 years; Recommended by the trial Judge,Warden and others. 18 yrs. when convicted; Commuted April 6, 1933.

WILLIE EVERICK, alias EDWARDS: Bibb County Superior Court; May term 1925; Burglary; 2 cases,escaping; 3 to 4 ; 4 to 5 and 4 years; Good prison eight years,and recommended by the Warden,Judge and Solicitor-General; Commuted April 6, 1933.

MAX CALDWELL: Floyd County Superior Court; July term 1931; Larceny from house; Sentenced 3 to 4 yrs; Recommended by the prosecutor,Solicitor-General,and number of citizens,O!!icials and Warden. Poor health; Commuted April 6, 1933.

JOHNNIE STRICKLP~D: Tattnall County Superior Court; October Adj. term 1930; Mfg. whiskey; 1 to 2 years; Recommended by'the Judge, Solicitor-General,Jurors,County Officials and citizens. A needy family; Commuted April 6, 1933.

R.W. STRIBLING, alias ROY RAYMOND, alias R.S. JACKSON: Fulton County Superior Court; November term 1926; felony; 1 to 3,3 to 5 and 3 to 5 years; Served 6 years; Commuted April 4, 1933. Not recommended by Prison Commission.

S.H. HOBGOOD: Gordon County February term 1932; (no term or court given)Misdemeanor; 12 months;

WreciofemmanedndfeadmbiylyRdeevp. eGndeeon. tvu.poCnrowhiem; ,

and clemency is Commuted April

4, 1933. Not recommended by the Prison Co~n1ssion

T.M. WOFFORD,alias JACK MARTIN, alias F.W.BROWN:
Fulton & DeKalb Counties Superior Court; Fall term 1931; Robbery; 5 years and 2 years; Clemency re-

commended by the Warden,prominent citizens,includ-

ing Han. Albert J. Woodruff,M.D.Collins and others. 16 yrs. of age at time or conviction; Commuted March 30, 1933.

MARY PETERSON: Fulton County Superior Court;

TUESDAY, JANUARY 22, 1935.

359

July term 1932; attempt to commit perjury; 1 to 2 years; Clemency recommended by the trial Judge,Hon. Virlyn B. Moore; Commuted March 30, 1933.

RUTH WRIGHT: Fu1to:u County Superior Court; July term 1932; Attempt to commit perjury; 1 to 2 years; Clemency recommended by the trial Judge,Hon. Virlyn B. Moore; Commuted March 30, 1933.

JOE GROVES: Thomas County SUperior Court; Murder; Death; October term 1931; The record tails to show postively the identity of the man. In my opinion it Joe Groves is the man who committed the crime,it was manslaughter and not murder under the circumstances. "Life Imprisonment." Commuted March 21, 1933. Not recommended by the Prison Commission.

NEHEMIAH FRENCH: Lee County Superior Court;March term 1920; Manslaughter; 19 to 20 years; Clemency recommended by those under whom he served; Commuted March 15, 1933.

LIONEL December

WM. NASH: term 1927;

LFuarlctoennyCoofunAtyutSo;up1ertioor2Caonudrti

to 2 years; Recommended by the Judge and Solicitor-

General and others; Commuted March 15, 1933.

EARL MANCHESTER: Bibb County Superior Court; Murder; Death by electrocution; 19 years old at time crime was commi ted. The jury found both ~ilty and both should receive equal punishment.
Life Imprisonment;" Commuted April 20, 1933.

HOMER HIGH: Coffee County Superior Court;March term 1932; Bigamy; 2 years; Clemency recommended by Clerk of the Superior Court; Ordinary,Sheriff, County Commissioners,County Attorney~Trial Judge and responsible citizens; Commuted April 12, 1933.

W.B. STROUP: Upson County Superior Court;March term 1932; Larceny of auto; 1 to 3 years; Dependent family; Commuted April 20, 1933. Prison commission declined,

360

JouRNAL or THE HousE,

WALTER I1CINTYRE: Floyd County Superior Court; October term 1931; 2 to 4 years; Burglary; Walter Mcintyre should be released from custody so that he ma~ obtain treatment for this disease,(tuberculosis). Commuted April 18, 1933. Not recommended by Prison Commission.
ROBERT CHEEK: Floyd County Superior Court;April term 1932; Assault & Battery; 12 months term followed by 6 months in jail; Worthy of trust while a prisoner in the Floyd County Stockade. Served 12 months of an 18 months sentence; Commuted April 17, 1933. Prison Commission did not recommend.
E.D. COLEMAN,alias ELMER OWEN: March term 1927; DeKalb & Fulton Counties Court; Misdemeanor; forgery-felony; 12 months; 2 to 5 years in 4 cases; 1 yr. in 8 cases; Clemency recommended by the trial Judges,county officials and Warden; Commuted April 13, 1933.
ASA ELLJ~D: Gwinnett County Sup~r1or Court; March term 1932; Making beer; 1 yr. Poor health. Recommended by the trial Judge,Sheriff,County Physician,Foreman of the jury,County Commissioners, Warden and number of citizens; Commuted April 13, 1933.
INMAN STREETMAN: Forsyth County Superior Court; August term 1932; Felony; 1 to 2 years; The trial Judge and Solicitor-General recommend Clemency; Co11muted April 13, 1933. Not recommended by Prison Commission.
ALVPJ-J GLAZE: Fulton & DeKalb Counties Superior Court; Fall term 193l;Larceny of auto; Various terms; 17 yrs. of age and T.M. Wofford,a co-defendant,was 16 yrs. at the time these crimes were committed; Clemency extended Wofford on March 30, 1933 on account of age; Commuted April 13,1933. Not recommended by Prison Commission.
SP~ F. AIKEN: Fulton Co. Superior Court; July tenn 1929; Murder; Death; Reconrnended by trial

TuESDAY, JANUARY 22, 1935.

361

jurorsi large number of citizens who state that he was a aw abiding citizen while living in Texas; Commuted April 20, 1933. "Life Imprisonment"
WILLIE MAYNARD: Bibb County Superior Court;April term 1925; Burglary; 10 yrs. and 10 to 20 yrs;Good prison for practically 8 years and youth at time of conviction; Commuted April 20, 1933.
CLiiliK HELTON: Fulton County Superior Court; January term 1932; Seduction; 2 years; Clemency recommended by the trial Judge,Solicitor-General Warden and Deputy Warden and a nu;mber of citizens; Commuted April 25, 1933.
GORDON HARPER,alias WILLIAM HARPER: Fulton County Superior Court; September term 1932; Larceny of Auto; 1 to 5 years; Recommended by the trial Judge; Commuted April 27, 1933.
F.~. PO~&LL: DeKalb County Superior Court;March term 1931; Bigamy; 2 to 5 yrs; Recommended by the Solicitor-General; Officials Prosecutors,citizens in order that he may receive Govrt hospitalization; Commuted April 27, 1933.
HENRY JACKSON, alias HENRY LEBOARDE: alias RICLER: Fulton Superior Court; April term 1924; Burgl2ry; 15 to 16 years; Clemency recommended by the Ordinary and the warden; Commuted April 28, 1933.
RAYHOND SCOGGINS: Bibb County Superior Court; November tenn 1919; Murder; Life; Evidence entirely circumstantial. Solicitor-General does not oppose clemency, Wardens state that his prison record has been excellent and recommends Clemency for him; Conrrnuted April 28, 1933. Not recommended by Prison Cormnission.
CLIFFORD GRISWELL: Clayton County Superior Court; February term 1933; Mfg-liquor; 1 year; Reconwended by the trial Judge,wife and small children destitute; Commuted April 29, 1933.

362

JouRNAL or THE HousE,

FLOYD WRIGHT: Fulton County Superior Court; November term 1932; Burglary; 2i to 4 years. Clemency recommended by the trial Judge,Solicitor-General and the prosecutor; Commuted lviay 1, 1933. Not reconunended by Prison Commission.

GILLIAI1 HOLI1A.N: Fulton County Superior Court; October term 1928; Burglary; 5 to 10 years in 3 cases; Clemency recommended by the trial Judge, citizens and will be employed upon release; Commuted May 2, 1933.

JESSE STARNES: Fulton County Superior Court;

September term 1931; Assault with intent to murder;

2 to 4 years; Good prison record,last stages of

tuberculosis. He is tain treatment at a

uan.se. xH-soesrpviitcael

man and can better than

obin

prison; Commuted May 4, 1933. Not recommended by

Prison Commission.

ROBERT SEALS: Clayton County Superior Court; August term 1932; Burglary; 1 year; Older brother admits he was entirely to blame in Robt. Seals act, he is weak mentally; Judge Hutcheson recommends clemency; Commuted May 4, 1933. Not recommended by Prison Commission.

J.c. EVANS: Fulton County Superior Court; November term 1931; Larceny of Auto; 12 months to 2 yrs. in 2 concurrent cases; Clemency recommended by those under whom he has served,not opposed by the Solicitor-General. Wife and Child sick and need him; Commuted May 4, 1933.

GEORGE C. HACK: Chatham County Superior Court; March term 1930; Burglary; 9 to 10 yrs; Clemency recommended by prosecutors,prosecuting attty and officials under whom he served; Commuted May 5, 1933.

JOE DAVIS: Lcwndes County Superior Court; riay term 1931; I1urder; Death; Reconrrnendation of the Solici tor-Genere.l and. the trial Judge ;Commuted May 8, 1933.Not recor;unended by Prison r-ommission.

J.R.MCDOW: Troup County Superior Court;May term 1932;Murder;Death;Recommended by citizens,trial jurors and conditions of his home life good; Cammuted May 9,1933.

TUESDAY, jANUARY 22, 1935.

363

NOLAN R.i\BERN: Fulton County Superior Court;November terrrt 1932; Larceny-Auto; 1 to 5 years; Services badly needed at home,father para.lyzed; Commuted May 10, 1933.
JOHN WHITEHEAD: Fulton County Superior Court; March term 1932; Carrying a pistol without license; 8 months; Recommended by previous employer;Commuted 'May 15,1933.Not recommended by Prison Commission.
ALBERT PIKE: Dooly County Superior Court; November term 1932; Burglary; 1 to 2 yrs. Recommended by the Solicitor-General; Commuted May 16, 1933.
MRS. OLLIE JUSTICE: Fulton County Superior Cour~ September term 1923; Murder; Life; She and her daughter will be well provided for under conditions th2t will make it possible for her to live a useful life; Commuted May 24, 1933. P.C. declined.
H.L.(Harry)ARRENDALL: Fulton County Superior Court; March term 192B; Robbery; 5 to 10 years in 6 cases; Recommended by citizens and Officials and the trial Judge,Hon. Jno. D. Humphries; Commuted May 24, 1933.
PAULINE PARTAIN: Fulton County Superior Court; May term 1925; 3 to 5; 3 to 5; and 3 to 5 years; Robbery; Three men convicted at the same time for the same offense have been released; Commuted May 24, 1933.
RED CRAIG: Pil(e County Superior Court; July term 1931; Aiding a prisoner to escape; 3 years; In view of the present physical condition of Red Craig, Judge Wm. E.H. Searcy, Jr., the trial Judge recommends that this sentence be commuted to a fine of $100.00; Commuted May 25, 1933. Not recommended by Prison Commission.
FRED PROPr;S: Fulton County Superior Court; November term 1930; Robbery; 4 to 10 years; Youth and distress of mother; Recorrnnended by the trial Judge; Commuted I1ay 26, 1933. Not recommended by Prison

364

JouRNAL OF THE HousE,

Corrrrn iss! on. JAMES SIGMAN: Clarke County Superior Court;Nov-
ember term 1932; Ytlsdemeanor; 12 mos. Recommended by the Sheriff and best people in Mansfield,Ga. 17 years of age. Corr~ted May 26, 1933. Not recommended by the Prison Commission.
H.B. WILSON: Fulton County Superior Court; January tenn 1931; Robbery; 5 to 10 & 5 to 10 years; Recommended by officials and a number of reputable citizens; not opposed by the Solicitor-General,nor by Judge Virlyn B. Moore,the trial:Judge; Commuted May 27, 1933.
W.H. GILLIAM: Richmond County Superior Court; October Term 1931; Robbery; 7 years; Family destitute,recommended by Solicitor-General and Cashier of Farmers Bank, Blythe,Ga. and a number of citizens and officials; Commuted June 20, 1933.
THOI'TAS BRYANT: Stewart County Superior Court; October term 1931; Burglary; 1 to 2 and 2 to 4 years; Recommended by a number of white citizens who st8te that his family is destitute; Commuted June 21, 1933.
GEORGE SMITH: Clay County Superior Court;March term 1933; Murder; Death; Clemency recommended by grand jurors,jurors and citizens. The Judge and Solicitor-General do not object; Corrrrnuted June 24, 1933.
JEFF MAYS: Atlanta Criminal Court; Case No. 113404 & Case No. 114844; $500.00 each on two counts & $1,000.00 & 12 months in other case; Possessing whiskey; Corr~utation to fine of $150.00 in each case; while intoxicated ran over a little girl; Commuted June 13, 1933.
G.A. LYDA: Cobb County Superior CourtiSeptember term 1932; practicing without license; 1~ months on the chaingang; 6 months in jail and payment of fine of $500.00; petition signed by many of the

TUESDAY, JANUARY 22, 1935.

365

citizens of Cobb and other counties asking clemency in his case; commuted June 28, 1933; not recommended by Prison Commission.
GENERAL STEVENSON: McDuffie County Superior Court; September term 1932; violation of prohibition laws; fine of $250.00 or 12 months at State Farm; recommended by people McDuffie County;family destitute; commutation granted on payment of $50.00 fine; commuted June 28, 1933; not recommended by Prison Commission.
GUY WINGi~: DeKalb County Superior Court;March term 1930; robbery; 3 to 5 years concurrent; recommended by large number of citizens Warden,not opposed by the trial Judge; commuted July 3, 1933.
FRET SMITH: Washington Superior Court; Fall term 1905; murder; life; recommended on account of age and extremely bad health; commuted July 3, 1933.
E.N.HILSON & Dr.H.T.HINTON: DeKa.lb County Superior Court; February term 1932; burglary; l to 3; 1 to 3; l to 3; l to 3; 2 to 4; l to,3; 2 to 4; and 2 to 4 years; a miscarriage of justice; commuted July 5, 1933; not recommended by Prison Commission.
F.L. MASON: Floyd County Superior Court;January term 1933; possessing liquor; fine of $150.00 and 12 months in chain gang and 6 months in ja.il;Solicitor General shows that $100.00 was raised and paid to Solicitor-General; Commuted July 7, 1933; Prison Commission did not recommend.
HOWARD MORGAN: Fulton Superior Court; March term 1929; larceny of auto; 2 to 5 years; 1 to 5; and 1 to 5 years; burglary and robbery; recommended by trial Judge; commuted July 7, 1933; not recommended by Prison Commission.
W.J. BELCHER: Thomas County Superior Court;October term 1924; assault to murder and misdemeanor; 8 years and 12 months to follow; age and physical condition very poor; commuted May 30, 1933.

366

JouRNAL oF THE HousE,

JIMP SIKES: Tattnall County Superior Court;Octoober term 1929; cattle stealing; 2 to 3 and 2 to.3 years; recommended by the Judge,Solicitor-General and trial Jurors; commuted July 10, 1933.
HOBART HIGDON: McDuffie County Superior Court; September tenn 1932; violation of prohibition: $250.00 or 12 months at State Farm; recommended by Representative people McDuffie County; family destitute circumstances; commuted July 10, 1933; Not recommended by Prison Commission.
J.C.BUTLER,alias J.C.CHASTAIN: Fulton Superior Court; November term 193l;larceny of auto; 2 to 5 years and 2 to 5 years; recommended by Judge and Solicitor; commuted July 11,1933.
J.T.BROCK: Fulton County Superior Court; September term 1932; larceny of auto; 1 to 5 years; recommended by the trial Judge; Solicitor General and Warden and others; con:nnuted July 13, 1933.
JOHN HALL: Fulton Superior Court; January term 1931; burglary; 3 to 5 years: commuted July 19, 1933.Employment promised if released immediately.
FRAliJK SEALS: Clayton Superior Court; August term 1932; burglary; 2 years; trial Judge recommends clemency; crunmuted July 24, 1933; not recommended by Pr13on Commission.
RICH CARNEY: Lumpkin County Superior Court; Spring term 1931; misdemeanor; and arson; 6 months, 4 months in each of 4 cases, 1 to 2 years; recommended by trial Judge and Warden; commuted July 26, 1933.
Y.LA..RSHALL DURDEN: Fulton County Superior Court; September term 1932; possessing liquor; 6 months in one case and 3 months in one case; family destitute condition; commuted July 28, 1933; not recommended by Prison Commission.
JOSEPH COSTELLO,alias PI~~ BENSON: Alias JOE

TuESDAY, JANUARY 22, 1935.

367

HENRY HARRIS: Fulton and Bibb Counties Superior Courts; January term 1925,1929; robbery assault to murder; 4 to 5, 3 to 5 and 4 to 8, 4 to 7 and 2 to 5,10 and 1 to 5 and 10 years; Bibb County; recommended by Judge Humphries and Solicitor Boykin,po0r health; good record; c~mnuted July 28, 1933; not recommended by Prison Commission.
W.O. ED~~S,alias CLYDE MCDONALD: Fulton County Superior Court; March term 1932; misdemeanor and robery; 12 months and 2 to 5 years; recommended by party whose auto was stolen; not opposed by the trial Judge; commuted July 28, 1933.
A.A. WALKER: Fulton County Superior Court;Spring term 1927; Fall 1931; 5 to 8 years and 2 years; assault to murder; assault to murder; good pr1son record and poor health; commuted July 28, 1933.
ELLIS PICKETT: Berrien County Superior Court; March Adjourned term 1929; burglary; 6 to 10 years; clemency recommended by trial jurors,Solicitor-General,prosecutor and Sheriff,Warden,guards and others; commuted July 28, 1933.
J.C. GORMAN: Fulton County Superior Court; May term 1932; robbery and assault & battery; 2 to 3 years; and 12 months; recommended by trial jurors; Solicitor-General,prosecutor,dependent family; commuted July 28, 1933; Not recommended by Prison Commission.
ROBERT L. CROW: Franklin County Superior Court; April term 1930; manslaughter; 12 to 15 years; good prison record,poor physical condition; recommended by trial jurors citizens and not opposed by the Solicitor-General; commuted July 28, 1933.
MRS. CORA LOU VINSON: Fulton County Superior Court; October term 1922; murder; life; Mrs.Vinson and husband had a great deal of tRe most serious domestic trouble. She had been grievously wronged by her husband and had extreme provocation,although the circumstances under which Dr. Vinson was killed

368

JouRNAL oF THE HousE,

did not justify the act; she has made approximately 11 years; commuted August 3, 1933; not recommended by Prison Commission.
ZACK STUDSTILL: Dodge County Superior Court;November term 1932; burglary; 2 to 5 years; recommended by prosecutor,County Commissioner,Ordinary; Tax Collector,Sheriff and others; 2 physicians who know and have observed applicant state that he has the mentality of a child; commuted August 3, 1933.
LEE A.KENNEDY: Washington County Superior Court; murder; life; March term 1915; has heart trouble; was out on parole but on account of accident with a pistol by which his wife was shot in the foot his parole was revoked and he has made 3 years in the penitentiary since that time; commuted August 9, 1933; not recommended by Prison Commission.
RALPH RUl1SEY: Stephens County Superior Court; January term 1932; assault with intent to murder; 1 to 2 years; recommended by trial Judge,Sheriff, Ordinary,County Commissioners,Clerk of Court and other officers,citizens and Solicitor-General; family destitute; commuted August 9, 1933; not recommended by Prison Commission.
JARRETT A. BENFORD: Commuted from death sentence to life imprisonment by Hon. Clifford Walker; rape; April Special term 1924; Jones Superior Court; the crime of which Jonnson and Benford were jointly convicted was heinous,and it is perfectly natural for popular indignation at the time to run very high against both defendants,due to the fact that they were traveling together at the time the crime was committed; after careful study of all the evidence-and surrounding circumstances,! am convinced that Johnson was the sole perpetrator of the crime, and that he alone was guilty in this case; and that Jarrett A. Benford was innocent of any wrong doing or intent to commit a crime; commuted August 12, 1933; not recommended by prison Commission.
ROY JOID~SON,alias L.C. Osburne: Fulton County

TUESDAY, jANUARY 22, 1935.

369

Superior Court; March term 1932; robbery; 4 years; recommended by Suptt. Dunaway; commuted August 12, 1933; Not recommended by Prison Cammission.
GUY DANIEL: Fulton County Superior Court; Novemterm 1930; burglary and larceny of auto; 3 to 5 years and 1 to 3 years; reconnnended by SolicitorGeneral; commuted August 28, 1933. - CAlliOUN POWELL: Chattooga County Superior Court; February term 1933; Misdemeanor; 12 mos. or 3 mos. and $250.00; It further appeared from petitions signed by several hundred citizens of Chattooga County,that clemency should be extended in this case,commutat1on granted on payment of fine $200.00; Commuted August 31, 1934. Not recohllllended by the Prison Commission.
HERHAN GASDEN: Fulton County Superior Court;July term 1933; Burglary; Case No. 39778; 2 to 4 years; 16 yrs. of age and it appearing that the best interest of society would be served by his transfer to the Georgia Training School for Boys,Milledgeville; Transferred from the State penitentiary to the Georgia Training School f0r Boys to serve his sentence under the law and rules prescribed in cases of boys committed to the Georgia Training School for Boys; Commuted September 1, 1933. Not recommended by Prison Commission.
CHARLES HADEN and ROSS HATCHER,JR: Bibb County Superior Court; September Special term 1931; Rape; Death; The young woman who was assaulted has asked that the death penalty be commuted,also the sister of the victim has asked that the death penalty be commuted. 10 trial jurors recommended clemency. Citizens,letters and petitions asking that they be cow~uted to Life imprisonment; Commuted Sept. 2, 1933.
JOHNIE LEONf.RD HICKS: Thomas County Superior Court; April term 1932; Burglary; 3 to 6 years; Clemency recommended by the Warden,officia.ls,the

_370

JouRNAL OF THE HousE,

trial Judge and Solicitor-General; Commuted Sept. 2, 1933.
JOHN L. RESPESS: Bibb County Superior Court; Fall term; Burglary; 2 years; His sister is sick,having taken poison. His mother has asked that he be Commuted or allowed to take leave of absence for a few days; Commuted September, 2, 1933. Not recommended by Prison Commission:
CLINrON HUTCHERSON: Fulton County Superior Court; January term 1933; Larceny of auto; li to 2 years; Clemency recommended by the trial Judge; Commuted Sept. 11, 1933.
FRANK INGRAM: Clay County Superior Court; Septe~ ber term 1930; Manslaughter; 6 to 10 years; Clemency recommended by the trial Jurors and trial Judge; Commuted Sept. 12, 1933.
ED. MACK: Brooks County Superior Court; May term 1933; Murder; Death; From all the facts in this case I am satisfied that if attorneys for this defendant had expected to go to trial,and had had their witnesses present, that the verdict of the jury would not have carried more than a life sentence. Had counsel appointed by the court; Commuted to life imprisonment Sept. 12, 1933. Not recommended by Prison Commission:
SPENCER PRESSLEY: Jackson County Superior Court; April term 1931; incestuous adultery; 5 to 10 yrs. Clemency recommended by all the trial Jurors, County Offic1als,the prosecutor and others,and is not opposed by the Judge and Solicitor-General; Commuted September 13, 1933.
LUTHER DAVIS: Coweta County Superior Court; March term 1931; Burglary; 5 to 7 yrs; Recommended by the Judge and Solic1tor-General.Commuted Sept. 14, 1933.
CLAUDE CARNES: Floyd County Superior Court; October term 1932; Attempted theft of auto; 8 months;

TUESDAY, jANUARY 22, 1935.

371

Probation on payment of $150.00 including costs; Wife in ill health,needed at home to gather crop, and clemency recommended by the Solicitor-General and assistant Solicitor-General; Commuted September 14, 1933.
B. STAFFORD: Lowndes County Superior Court; May term 1932; Murder; Death; Recommendations of the Sheriff and other good citizens that he be given life imprisonment; Commuted September 16, 1933. Not recommended by Prison Corrunission.
J.B.HARRIS: Floyd County Superior Court;Offense of Stabbing & Attempt to steal auto and sentenced to 12 months; Fine of $250.00 and costs,or 12 months; Recommended by Mr. Jno. A.Carlock,Warden, Hon.Jas.F.Kelley,Solicitor,and by R.M. Gibbons the prosecutor in this case; Commuted September 20, 1933. Not recommended by Prison Commission.
JOHN DOE,alias JOHN T. WARD: Fulton County Superior Court; March term 1929; Burglary; 5 to 7 years; Recommended by the trial Judge; Commuted September 21, 1933.
HENRY,alias HARRY,MILLER: Bibb County Superior Court; November term 1929; Forgery; 2 years; 2 years and 2 years; Recommended by the Solicitor-General, warden and officials and others; Commuted September 21, 1933.
P.M.(MARION)BENNETT: Colt].uitt County City Court; July term 1932; Misdemeanors; 12 months and 12 months; Commutation to present service on payment o! $100.00 to include costs of court; Clemency recommended by a commutation to a fine by the trial Judge and County Commissioners,and family in destitute condition; Commuted September 21, 1933.
EULA HUNTER: Fulton County Superior Court;September term 1932; Val-manslaughter; 1 to 5 years; Recommended by the trial Judge and the SolicitorGeneral; Commuted September 23, 1933.

3?2

JouRNAL oF THE HousE,

WILLIE EVANS: Hall County Superior Court; November term 1926; Vel-manslaughter and of robbery in Pickens County .as set out below; 5 to 7 yrs;Because of his zeal in undertaking to prevent the escape of prisoners in Pickens County. He took key from truck to prevent esc~pe prisoners from using it; Recommended by two trial Judges and two SolicitorsGeneral; Commuted Sept. 28, 1933.
JACK THORNTON: Ben Hill County Superior Court; April term 1933; Burglary; 1 to 2 years; 18 yrs. of age and was undoubtedly influenced by older persons; This boy is the sole dependence of a widowed mother; Clemency is asked by warden,and a great many responsible citizens; Commuted Sept.29, 1933. Not recommended by Prison Commission.
PHILLIP E. FOX: Fulton County Superior Court; November term 1923; Murder; Life; On recommendation of Prison Conrrnission and for the reasons set out in and order of Parole Phillip E. Fox was paroled on May 2, 1933. It now being satisfactorily shown that satisfactory record has been made under parole and because Mr. Fox is offered a good position which he cannot accept while under parole, it is ordered his sentence be commuted to present servic~ Commuted Sept. 29, 1933. Not recommended by Prison Commission.
WILLIE JAMES WILLIAMS: Thomas County Superior Court; Spring term 1931; Burglary; 3 to 5 years; Served portion of the minimum sentence and recently got his hand so badly mangled in a wood saw that is was necessary for him to have his hand amputate~ Commuted October 6, 1933.
JARRETT P. BANNISTER: Forsyth County Superior Court; March term 1933; Being intoxicated and given a sentence of $50.00 and 12 months,same to be served on probation; also convicted at the March term of said Court for driving an automobile while intoxicated and given a sentence of $30.00 and 12 mos. same to be served on probation; $50.00 and 12 months received in indictment #1187; It is express-

TUESDAY, JANUARY 22, 1935.

373

ly ordered that no clemency is extended in the case Indictment #1194,in which sentence of $30.00 and 12 mos. was received for driving an auto. while intoxicated; Commuted October 7, 1933. Not recommended by the Prison Commission.

BEI110NT DENNISON & ELIJAH RODGERS: Ben Hill County Superior Court; April term 1933; Burglary; 2 to 4 years; Belmont Dennison,Elijah Rodgers,Jack Thornton and John Hurt were accused jointly of burglary. Hurt,who is a man of middle age,was tried and received a sentence. He bas already served out his sentence and I am informed by the trial Judge that he was the instigator of the crime as all the other boys were less than 21 yrs. of age. Jack Thornton,Belmont Dennison and Elijah Rodgers plead guilty and received a more severe sentence than the older man Who was tried and found guilty. Clemency has already been extended to Jack Thornton and as stated above John Hurt,the instigator of the crime has already served his sentence; Commuted Oct. 9, 1933. Not recormnended by the Prison Commission.

JOHN WILLIAMS: Stephens County Superior Court; January term 1932; Burglary; 1 to 2 and 1 to 2 yrs. Clemency recommended oy the prosecutors,trial Judge, Solicitor-General and others; Commuted October 11, 1933.

MP~IE DUNN: McDuffie County Superior Court; Fall term 1933; Violating prohibition law; 12 months or $300.00 fineiCommutation to present service on payment of ~150.00 including costs; Recommended by the trail Judge and Ordinary; Commuted October 11, 1933.

JAS. F. BRYANS: DeKalb County Superior Court;

March term 1932; Bigamy; 4 to 7 years; Wife and 2

children in Hon. Claude

needy Smith

circ who

umstances tried the

,

and the Solicito case,recommends

r

1

that he be released; Commuted Oct. 14, 1933; Not

recommended by Prison Commission.

JOE MORROW: Atlanta City Court; December term

374

JouRNAL oF THE HousE,

1932; Violating prohibition law; $250.00 or 12 months; $250.00 & 12.months; $250.00 and 12 months; Bad health and needy family; Commuted October 25, 1933.

ROY BAKER: Chattooga County Superior Court; Sept.

term 1932; Blackmail; 4 months and $350.00 or nine

months; Bad health,clemency requested by the Soli-

citor-General who tried the case,but the jurors,

the county officials and by more than a thousand

citizens of Chattooga 1933. Not recommended

Coun~y Commuted October by Prison Commission.

29 1

BENNIE YAWN,alias CHARLES WOODWARD: Meriwether County Superior Court; January term 1930; Robbery (two cases); 15 to 20 years in each case; Hon. John F. Williams,senator from Aiken s.c. and President Pro Tern, s.c. Senate,who lives in Aiken County states that this man has a good reputation and is from a good family, and recommends clemency.Sheriff J.P. Howard, and J.E.Parker,of Aiken,recommend clemency. Howard M. Byrd, Supt. of Graniteville Public Schools,Graniteville,s.c. recommends clemency,and by warden,guard. The Clerk of Superior court of Aiken,s.c. states this man has no criminal record and 130 citizens recommend clemency; Commuted October 20, 1933. Not recommended by Prison Corrnnission.

W.C. SEA~CY(WILL): Polk County Superior Court; August term 1933; Mfg.Whiskey; 12 months and 6 months; Family in needy circumstances; It is ordered therefore that Will Searcy sentence be commuted to present service on payment of fine of $150.00; Commuted October 31, 1933. Not recommended by Prison Commission.

JACK BEASLEY: Pike County Superior Court; November term 1932; Robbery; 2 yrs; Clemency recommended by the trial Judge,Solicitor-General,Sheriff and others; Corrnnuted October 31,1933.

OSCAR TAYLOR: Jeff Davis County Superior Court; October term 1933; Carrying pistol; 6 mos. State

TuESDAY, jANUARY 22, 1935.

375

Farm; Wife and children in destitute circumstances.

She is physically unable to work,no food and no win-

ter clothing for herself and children; Commuted

November 1, 1933. Not recorrrrnended by Prison Commis-

sion.



JOE CHILDERS: Crawford County SUperior Court; October tenn 1926; seduction; 7 to 10 yrs; Wife and two children dependent on him; Commuted November 2, 1933. Not recommended by Prison Commission.

LUTHER MARTIN: Cobb County Superior Court;Spring term 1926; Assault to Murder; 10 years; Clemency recommended by injured person,John Stone Fowler; Hon. John Heck,Deptuy Clerk of Cobb Superior Court and Chas. S. Cox; Cormnuted November 3, 1933. Not recommended by Prison Commission.

LEWIS FRICKS: Floyd County Superior Court; January term 1932; Larceny or auto also 2 years from Gilmer Superior Court,May term,l932,to run 2 to 3 yrs. concurrently; Clemency recommended by the Solicitor-General,Wardens and guards and citizens and not opposed by the trial Judge; Commuted Nov.3, 1933.

HYMAN SCHWARTZ: Chatham County Super1or Court; March term 1932; Robbery; 6 to 8 yrs; Great many applications for clemency from reputable people; Commuted November 6, 1933. Not recommended by Prison Commission.

PAUL MESTER AND WALTER MCCARTHY: Camden County Superior Court; November tenn 1932; Robbery; 4 to 5 and 4 to 5 years each; Commutation to present service conditioned that transportation be furnished to Brooklyn,N.Y. Youth or applicants and good prison record and previous good record and they desire to be released in order that they may return home in New York;Commuted November 7, 1933.

JIMMIE CREHS: Fulton County Superior Court; January term 1932; Larceny of auto; 4 to 5 years; Poor health; Commuted November 8, 1933; Not reoom-

376

JouRNAL OF THE HousE,

mended by Prison Commission. HOMER UPCHURCH: Henry Cotmty Superior Court;
September term 1928; Incestuous Adultery; 10 to 15 and 10 to 15 years; The record in this case shows that the applicant has good prison record and good record prior to getting into this trouble,no charge having been entered against him before; Commuted Nov. 8, 1933. Not recommended by Prison Commissio~
J.C. WOOD: Madison County Superior Court; Septe~ ber term 1931; 10 yrs. & 4 yrs. Assault to Murder and attempt Robbery; Clemency recommended by a large number of citizens of Hall county,bullet in body,partial paralysis of lower left leg; Commuted November 8, 1933. Not recommended by Prison Commission.
CARL ALMAND: Douglas Cotmty Superior Court; September term 1932; Murder; Death; Recommended by the trial Judge, the jurors,county Commissioners and County officers,and a large number of citizens-to life imprisonment; Commuted November 13, 1933.
ALVIN TAYLOR: Stephens County Superior Court; January term 1933; Car Breaking; 1 to 5 years; Clemency recomn1ended by the prosecutor,Judge,Solicitor-General,Sheriff and others,and his mother is ill and needs his services; Commuted November 13, 1933.
M.L.(MAX) KREPJ'IER: Fulton County Superior Court; March term 1933; Forgery; 3 to 5 years; Recommendation of Judge Edgar E. Pomeroy,Trial Judge and his wife and children need him. Can secure employment in home city; Commuted November 16, 1933; Not recommended by Prison Commission.
BEECHER MEADOWS: Floyd County Superior Court January term 1933; Theft of auto; 12 mos. and i2 mos; On recommendation of the prosecutor,whose ca.r was stolen,and in view of the fact that restitution was made for damages sustained,it is ordered that Beecher Meadows be commuted to present service

TUESDAY, JANUARY 22, 1935.

377

as of November 24, 1933; Commuted Nov. 17, 1932; Not recommended by the Prison Commission.
CLARENCE ST1~NSON: Coweta County Superior Court; Burglary; 2 years; March term 1932; Good prison record; Commuted Nov. 17, 1933. Not recommended by Prison Commission.
J.P. COOK: Berrien County Superior Court; Fall term 1929; Burglary & robbery; 9 to 11 and 4 to 10 yrs; Clemency recommended by the physician,warden and guards; Commuted November 20, 1933.
JP~S DOUGLAS: Chattooga County Superior:Court; March term 1922; Murder; Life; Solicitor-General does not object to clemency. He has served more than 11 ~s. besides a considerable time in jail; Commuted Nov. 23, 1933. Not recommended by Prison Commission.
VERLI~~ BROWN: Bibb County Superior Court; February term 1933; Burglary; 3 to 5 years; Youth of applicant,good prison record,and recommended by the Solicitor-General,Hon.Chas.H. Garrett; Commuted Nov. 1933.(23rd day)
GEORGE COX: Fulton County Superior Court; May term 1932; Robbery; 3 to 5 yrs.H.E.~cwaters not sure of the identity,several believe he is not guilty; Commuted November 23, 1933. Not recommended by Prison Commission.
U.H. Sl'liLEY: Long County Superior Court; September Adj. term 1931; Cow Stealing; 3 to 4 years; Recommended by the prosecutors,trial Judge and Solicitor-General. Wife died leaving several small children with:mt means of support; Commuted Nov. 23, 1933.
WILL SEAY: Coweta County Superior Court; March term 1923; Murder; Life; Hon. William Y. Atkinson, Solicitor-General states that no one remembers the case. He has made practically 11 years and in view of the Solicitor-General's recommendation that this

378

JouRNAL oF THE HousE,

is one or the forgotten men,and that executive cle~ ency should be extended commutation is granted; Commuted November 24, 1933. Not recommended by Prison Commission.
B.H. LOFLIN: Fulton County Superior Court;March term 1933; Forgery; 3 years; Recommended by the trial Judge,Camp physician and prominent citizens of Atlanta and Mississippi; Commuted November 24, 1933.
JAMES STRIPLING,alias JAMES SMITH: Coweta County Superior Court; June term 1931; Burglary; 1 to 3 years; Clemency recommended by Ernest J. Haar, Savannah,M.A. Copeland,Warden, His wife and one daughter are invalids and need his help; Commuted November 25, 1933. Not recommended by the Prison Commission.
MRS IDA KIMBLE: Floyd County Superior Court; July term 1931; Forgery; 3 to 6 years; Son in Sweetwater, Texa.s who is willing to furnish transportation for his mother and to provide for her when she is released; Commuted November 27,1933. Not, recommended by Prison Commission.
JAMES WELDON: Fulton County Superior Court; Janue.ry term 1933; Larceny of auto; 1 to 3 years; He requests that he be released so that he can spend Christmas with his family; Commuted November 27, 1933. Not recommended by Prison Commission.
EUGENE DOBSON: DeKalb County Superior Court; June term 1933; Making Liquor; 1 to 2 years; Poor physical condition,Clemency recommended by the Solicitor General,and applicant has a wife and two small children who have been on charity since ~rrest; Commuted November 27, 1933.
RUTH(RUFUS)PERKINS: Miller County Superior Court; April term 1933; Assault to Murder; 1 year; Clemency recorr~ended by all of the trial jurors,county officials and Citizens; Commuted Nov. 27, 1933.

TuESDAY, JANUARY 22, 1935.

379

A.H. WRAGG: Houston County Superior Court; November term 1929; Burglary; 5 to 7 yrs; In view of his good prison record and recommendation by the warden under whom he has served,it is ordered that his sentence be commuted to present service; Commuted November 28, 1933; Not recommended by Prison Commission:
WASH HORNSBY: Troup Cour1ty Superior Court; VelManslaughter; May term 1933; 3 to 7 years; Clemency recommended in order that he may receive Government hospitalization; Commuted Nov. 28, 1933.
J.B. ROWLAND: Chatham County Superior Court; August term 1930; Robbery; 4 years; His mother is 76 years of age and I am therefore granting commutation to present service as of December 20th. Co:rrrrnuted Nov. 29, 1933. Not recommended by the Prison Co:rrrrnission.
OTIS ROBINSON & ROBERT LOCKETT: Terrell County Superior Court; November term 1932; 2 .to 3 years; Simple Larceny; Good Prison Record and youth of applicants; Commuted December 4, 1933.
WILLIE D. KELLY: Newton County Superior Court; July term 1933; Burglary; 1 yr. Good prison record, youth of applicant,poor physical condition,and recommended by the trial Judge,Solicitor-General and others; Commuted December 5, 1933.
L.M. HUNT: Fu.lton County Superior Court; May tenn 1933; Embezzlement; 2 to 3 yrs; Clemency recommended by a large number of responsible citizens; Commuted Dec. 11, 1933.
LOLA BELL HOWARD: Eastman,Georgia. City Court; November term 1933; Adultery; 6 months; Recommended by the trial Judge and Solicitor and the Sheriff, She has a small child that needs her attention;Commuted Dec. 12, 1933. Not recommended by the Prison Commission.
GUS FITZGERALD: DeKalb County Superior Court;

380

JouRNAL OF THE HousE,

March term 1929; Manslaugh~er; 20 years; Recommended by the trial Judge and Solicitor-General;Commuted Dec. 13, 1933.
c.E. RYLEE: Fulton County Superior Court; May term 1931; Forgery; 2 to 3 yrs. in 3 cases; Recommended by the trial Judge,Warden,Citizens and a number of business men involved in the transaction; Commuted December 15, 1933.
A.B. TAYLOR: Catoosa County Superior Court;August term 1931; Misdemeanor & Burglary; 12 months and 2 years; Recommended by trial jurors,and a large number of citizens,including the Editor of Surnmerville,News and he is in poor health; Commuted December 15, 1933
J.D. CAULEY: Ware County Superior Court; May term 1931; Murder; life; Recommended by Sheriff, Deputy Sheriffs,Clerk Superior Court,County Commissioners,Warden anc Grand Jurors and is not opposed by the trial Judge;commuted December 15,1933.
AKI~ HOLMES: Screven County Superior Court; November tern1 1923; Manslaughter; 19 to 20 years; Clemency recommended by the trial Judge,SolicitorGeneral pro tern who tried the case,Clerk of Court, Warden and County Physician,Poor health; Connnuted December 16, 1933.
VADEN HUGHES: Berrien County Superior Court; April term 1932; Manslaughte~; 4 to 7 years;Clemency recommended by all of the trial Jurors,Grand Jurors,County Commissioners and county officials; Commuted December 16, 1933.
LESTER MILLER: Polk County Superior Court;Burglary; February term 1933; 2 to 4 yrs. Recommended by the Judge,County Officials,Warden and a large number of citizens; Commuted December 18,1933.
CARTER BURTON: FRED Ml'.BTIN: Rabun County Superior Court; February Adj. term 1933; Burglary; 1 yr; Clemency recommended by the prosecutor,Judge,Soli-

TUESDAY, jANUARY 22, 1935.

381

citor-Qeneral,County Officials and others; Commuted December 18, 1933.
ROBERT MITCHEM: Fulton County Superior Court; Larceny of auto; 18 months; March term 1933;Recommended by the Solicitor-General,County Officers, and reliable citizens of Morgan County Commuted December 19, 1933; Not recommended by Prison Commission.
LONNIE JACOBS: Carroll County Superior Court; April term 1933; Assault to murder; 2 to 3 yrs; Recommended by the trial Judge,Solicitor-General, Warden,County Officials and citizens; Commuted December 20, 1933.
SHELL WHITE: Chattooga County Superior Court; March term 1933; Misdemeanor; 12 mos. and 6 mos; Clemency recrnmnended by hundreds of citizens,County officials,Warden and Solicitor-General; Commuted December 20, 1933. Not recommended by Prison Commission.
LOUIS GARD alias JOHN JACKSON: Fulton County Superior Court; July term 1933; Larceny of Auto; 2 yrs; Recommended by the Sheriff and Deputy Sheriffs, trial Judge and Solicitor-General and warden; Commuted December 21, 1933.
ALBERT PRUITT: Jackson County Superior Court; August term 1931; Threatening letter; 2 yrs;Clemency recommended by large number of citizens,county officials and not opposed by the Judge and Solicitor General. Has wife and small children in destitute circumstances; Commuted Dec. 21, 1933.
ARTHUR LEE THORNTON: Chattahoochee County Superior Court; March term 1933; Assault to Murder; 2 to 10 yrs; Recommended by the trial Judge,SolicitorGeneral,Warden and others; Commuted December 21,1933.
CHARLIE JONES: Murray County Superior Court; MUrder; Life; August term 1928; Excellent Prison r&cord; ~ommuted Deceillber 22, 1933. Not recommended

382

JouRNAL or THE HousE,

by Prison Commission.

ALBERT SCREWS: Candler County Superior Court; February term 1933; Burglary; 12 months; Will have served time on December 25, 1933; Commuted Dec. 22, 1933. Not recommended by Prison Commis~ion.

MACK CULBERSON and WILSON WILLIAMS: Harris County Superior Court;July term 1932sentenced 5 yrs, Mfg. liquor; Recommewied oy the trial Judge; Commuted Dec. 22, 1933.

T.W. RICKS: Fulton County Superior Court; Janu-

ary term 1933; Assault to murder and misdemeanor;

2 to 5 yrs. and 12 months; Recommended by the trial

Judge; Commuted December 27, 1933.



GEORGE BAILEY: Atlanta,Georgia Criminal Court; November term 1933; Stealing 1 shirt; 6 months; He has been offered a job in New York and commutations hereby granted; Commuted December 27, 1933; Not recommended by Prison Commission.

WILLIE FLYI~: Atlanta Criminal Court; June term 1933; Misdemeanor; pay $1000.00 and 12 months in each case; Solicitor and trial Judge recommend that the sentences in each of the above stated cases be reduced to a fine of $250.00; Commuted Dec. 30, 1933. Not recommended by Prison Commission.

CLAUD OGLE: Atlanta Criminal Court; May term 1933; Misdemeanor; 12 months on the chaingang; Solicitor and trial Judge recommended that the sentence of Claud Cole be reduced to a fine of $300.00; Commuted December 30, 1933. Not recommendedby Prison Commission.

R.G. IRWIN: Fulton County Superior Court; May term 1932; Abandonment of minor child; This sentence does not provide any specific time to be served by the defendant and does not provide any option of paying a fine in any amount. The defendant makes affidavit that he has offered to serve this sentence,but that his entrance to the chain

TUESDAY, JANUARY 22, 1935.

383

gang has been refused due to the fact that no time is specified in the sentence. Proper showing is made that this defendant is afflicted with tuberculosis and desires to go to Arizona for his health. In view of the foregoing facts,that this sentence be commuted to present service; Commuted May 18, 1933. Not recommended by Prison Cammission.
ROY SEAY: Pickens County Superior Court; June term 1933; Arson; 2 years; Clemency is recommended by the trial Judge,Solicitor-General,Warden,Guards and County Officials,both because of his illness and also on account of the fact that he was of assistance sometime ago when several prisoners escaped and killed a guard; Commuted September 29, 1933. Not recommended by Prison Commission.
JESSIE MAE CLAY: Americus,Georgia City Court; November term 1933; Larceny from house; 3 months or pay fine or $40.00; Recommended by the Judge and Solicitor-General January 3, 1934; when commuted; Not recommended by Prison Commission.
W.HENRY YOUNG: Colquitt County Superior Court; August term 1933; Wife beating; 12 months; Clemency recommended by the Solicitor,trial Judge and Sheriff. Wife and children in destitute circumstances; Commuted Jan. 3, 1934. Not recommended by the Prison Commission.
EU1ER L. GRANT, alias EDDIE GUYAL: Atlanta,Ga. Criminal Court; March term 1933; Violating prohibition law; $1000.00 or 12 months; Commutation to present service on payment of $400.00; Clemency is recommended by a nu~ber of responsible citizens; Jan. 4, 1934.
J .c. YARBOROUGH: Miller County Superior Court;
April term 1933; Making liquor; 12 months; Will be unable to make crop this year,he having a wife and four small children,and the trial Judge stating he thinks this is a proper .case for commutation; Commuted Jan. 6, 1934. Not recommended by Prison Commission.

384

JouRNAL OF THE HousE,

D.W. TITSHAW: Hall County City Court; November term 1933; Abandonment; 12 mos. at the State Farm said sentence to be suspended so long as he paid $10.00 per month to the support of his family; Titshaw is mentally irresponsible according to affidavits of his father and other satisfactory evidence,and J.W. Titshaw,father of D.W. is able and willing to provide a home for the grandchildren; Commuted Jan. 10, 1934. Not recommended by Prison Commission.
MOSE O'NEAL: Irwin County Superior Court; November term 1932; Misdemeanor,Burglary; 8 months,3 to 5 years; Clemency recommended by the Ch. of Co. Commissioners,Probation Officer & Warden and the applicant has a large family dependent on public Charity for a living; Commuted Jan. 10, 1934.
WILLIAM OSBY: Jeff Davis County Superior Court; December term 1931; Val-manslaughter; 10 years on plea of guilty; Clemency recommended by the Sheriff; Commuted January 11, 1934; Not recommended by the Prison Commission.
WILLIAM P.INER,alias W.PRICE: Chatham County Superior Court; June term 1933; Larceny of auto; 1 to 5 years; poor physical condition,and Clemency is recommended by the prosecutor,Solicitor-General and Sheriff ot Chatham County; Commuted Jan. 11, 1934.
PHILANDER BRANNON, alias Brown: Muscogee County Superior Court; May term 1932; Burglary; 1 to 5 and 1 to 5 years; poor health, and clemency is recommended by the county Physician,warden and County Officials; Commuted Jan. 12, 1934.
GILBERT BOYD: Spalding County Superior Court; June term 1933; Felony; 1 yr; Good prison record, job awaiting tor him when released; Commuted January 12, 1934.
DILLARD RITCHIE: Rabun County Superior Court;
February term 1931; Burglary; 3 to 5; 2 to 3 & 3

TUESDAY, jANUARY 22, 1935.

385

to 5 years; Clemency recommended by the trial Judge, Solicitor-General,county officials,warden and the Receiver of the Tallulah Falls Ry. Co.,from whom goods were stolen; Commuted Jan. 17,1934.
W.T. RASH: Floyd County Court; September term 1932; possessing liquor; 6 mos. at State Farm, and convicted at December term 1932 of the County court of Floyd County of the crime of possessing liquor,and sentenced to 6 mos. at State Farm; Has a destitute family; Commuted Jan. 17,1934. Notrecommended by Prison Commission.
JII1MIE BAKER: Wilcox County Superior Court;July term 1933; Embezzlement & larceny after trust; 2 yrs; The Solicitor-General states that this woman is to be confined within the next two or three weeks,and the Solicitor and trial Judge recommend clemency on payment of the costs.Commuted Jan. 24, 1934. Not recommended by Prison Commission.
J.W.COLLINS and HOYT RICHARDSON:Sumter Superior Court; May term 1932;Bank Robbery;4 to 6 yrs;Recommended by officials and wardens,county officials and others and not opposed by the Judge and bank officials; Commuted January 24, 1934.
ROBERT LUDGATE: Chatham County Superior Cour.t:; Fall term 1933; Complicity in theft of shot gun & pair of boots; 4 mos. in jail and 8 mos. on probation; In hospital recovering from an operation for appendicitis. That he will have to return to jail when released from the hospital to serve about two weeks. It is ordered that his sentence be commutea to the ~art of the sentence probated and be relieved fram the remainder of the four mos. sentence in jail; Commuted Jan 30, 1934; Not recommended by Prison Commission
J.M. BISHOP: Decatur County Superior Court; November term 1931; Hog Stealing; 2 yrs. and 2 yrs; Clemency recommended by trial jurors,County Commissioners, Warden and County Attty; Commuted Jan. 30, 1934
A.J. THOMASON: Sumter County Superior Court; May term 1932; Bank Robbery; 2 yrs. and 1 day; Clemency recommended by officials under whom he has served; Commuted Feb. 3, 1934.

386

JouRNAL OF THE HousE,

LESSE JONES: Lowndes County Superior Court;September term 1931; Simple Larceny; 5 yrs; Recommended by parties who state this is his tirst ottense; Commuted Feb, 3, 1934.
W.C. WILSON,alias ROSS: Fulton County Superior Court; November term 1920; Burglary; 2 to 6 and 4 to.6 years; Clemency is recommended by the warden; Commuted Feb. 5, 1934. Not recommended by Prison Commission.
SWEAT DAVIS: Wayne County Superior Court;Murder; Death; November term 1932; It appears that the deceased has made threats to kill Davis if he(Davis) went into a certain piece of woods to work the turpentine. From all the facts and circumstances connected with this case, I am of the opinion that the death penalty is too severe,and that clemency should be .extended; Commuted to life-imprisonment Feb. 5, 1934. Not recommended by Prison Commission.
HOMER PECAN: Richmond County Superior Court;October term 1932; Burglary; 2 to 5 yrs. Clemency recommended by Solicitor-General and others;Commuted Feb. 7, 1934.
JACK JONES & O.C.MINCEY: Bulloch County Superior Court; October term 1931; Perjury; 4 yrs. each; Clemency is recommended by the trial Judge,Solicitor-General and warden and the present Judge or the Circuit; Commuted Feb. 8, 1934.
ROBERT BATES: Gilmer & Pickens County Superior Court; Spring term 1928; Burglary,arson,highway robbery; 3 to 5,7 tQ 10, and 4 years;(The tirst sentence having been served) that the 4 year sentence be commuted to present service,and that he be paroled on the 7 to 10 year sentence; Clemency recommended by the Trial Judge,Solicitor-General, Warden,guards,County officials and citizens and warden of Pickins co., where applicant is serving; Commuted Feb. 9, 1934.

TuESDAY, JANUARY 22, 1935.

387

HUGH L. DOWNS: Fulton County Superior Court; October term 1932; Larceny of auto,(4 cases); 1 to 4 years in each case; He has served the first sentence. Parole as to the second sentence and commutation to present service as to the other two sentences; Clemency is recommended by the warden,tr1al Judge; Commuted Feb. 10, 1934.
LAURA MORGAN: Atlanta,Georgia Criminal Court; October term 1933; 2 counts for possessing intoxicating liquor; 6 mos. in one case and 4 mos. in the other; This woman has made a little over four months and her remaining sentence is commuted; Commuted Feb. 12, 1934; Not recommended by Prisqn Commission.
ARIE POWELL and FLOYD SHAW: Whitfield County Superior Court; July term 1932; Burglary; 2 years; Recommended by the Judge and Solicitor-General; Commuted Feb. 13, 1934.
ROBERT HANCOCK: Floyd County Superior Court; July term 1932; Burglary; 2 to 3 yrs; Clemency recommended by the camp physician and those under whom he has served; Commuted Feb. 13, 1934.
BARKWELL BRADLEY: Bleckley County Superior Court; April term 1933; Assault & Battery; 12 months; Clemency recommended by all the trial Jurors,warden and Sheriff; Commuted Feb. 13 1 1934.
TOM COURSEY: Bulloch County Superio~Court; October tenn 1932; Poor health; Burglary; 5 yrs; Recommended by the trial Judge,prosecutor and County Officials and not opposed by the Solicitor-General; Commuted Feb. 13, 1934.
IRA CARTER: Bibb County Superior Court; May term 1930; Burglary; 3 yrs. and 1 yr; Commuted Feb. 13, 1934. Clemency recommended by the Solicitor-General and warden.
JERRY EVERETT: Grady County Superior Court;March term 1931; Burglary; 3 to 5 years; Recommended by Trial Judge and some of the jurors; Commuted Feb.

388

JouRNAL OF THE HousE,

13, 1934. CRAMER HELTON: Carroll County Superior Court;
April term 1933; Arson; 2 years; Recommended by the prosecutor,prosecutorrs attorney,trial judge,Solicitor-General,all of the trial Jurors,county officials,warden and guards under whom he is serving; Commuted Feb. 15, 1934.
J .c. JOHNSON: Eastman City Court; August term
1933; Escaping Chaingang; 6 months; Clemency recommended by Hon. J.H. Miller,Solicitor; Hon. O.J. Franklin,Judge City Court and a number of Officers; Commuted February 19, 1934. Not recommended by . Prison Commission.
ARTHUR NICELEY: Eastman City Court; November term 1933; Possessing Liquor; 5 months; Recommended by the Solicitor and Judge of the City Court; Commuted Feb. 19, 1934. Not recommended by prison Commission.
TOM HALL: Colquitt County Superior Court; September term 1%3; Driving auto while under the influence of intoxicating liquor; $50.00 and 12 months on cha1ngang,and in default of payment of fine to serve 90 days in jail; recommended by the trial jurors; Commuted Feb. 20, 1934. Not recommended by Prison Commission.
JOE NICHOLS: Dawson County Superior Court; August term 1933; Burglary 1 to 2 years; Recommended by the Trial Judge,Hon.B.P. Ga1llard,Jr.several of the trial Jurors,warden and the Clerk of Court; Commuted Feb. 23, 1934. Not recommended by Prison Commission.
JOHN GHOLSTON: Stephens County Superior Court; January term 1933; Burglary; li yrs; His family is in need of him so that they can make a crop this year; Commuted Feb. 28, 1934. Not recommended by Prison Commission.
HENRY SANDERS: Crawford County Super! or Court;

TUESDAY, jANUARY 22, 1935.

389.

March term 1924; Manslaughter; Not less than 15 yrs.

nor more than 20 yrs; Recommended by Ordinary Bag-

ley, Warden Barrett and a number o! citizens at

Cumming,Ga. Commuted March 1, 1934; Not recommended

by Prison Commission.



J.E. COWART: Ware County Superio~ Court; May term 1933; Arson; 2 years; family in destitute condition and recommended by the trial Judge and SolicitorGeneral; Commuted March 2, 1934.

CHARLIE HELLENBOLT: Camden County Superior Court; April term 1933; Burglary; 1 to 3 yrs; Has completed his minimum sentence,and commutation to present service is recommended in order that he may return to his home in South Dakota; Commuted April 5,1934.

JIM SPIVEY: Thomas County Superior Cour~ October term 1927;Car breaking;2 to 3;2 to 3;2 to 0 & 2 to 3 years; Clemency recommended by Warden, guards and Judge Roscoe LUke,who will give him a job i! released; Commuted March 30, 1934.

ALFRED 'l'IDWELL: Floyd County Superior Court;Wi!e Beating; 12 months; December term 1933; Wi!e and children in destitute condition; Commuted March 21, 1934; Not recommended by Prison Commission.

ALEX BRYANT: Atlanta,Georgia Criminal Court;November term 1933; Assault & Battery; 6 months on chain gang; The man on whom the assault was committed recommends clemency; Commuted March 14, 1934. Not recommended by Prison Commission.

H.L. HEAD: Floyd County City Court; December term 1933; Public Drunkenness; 6 months; No criminal record,never convicted or any offense before; Commuted March 15, 1934; Not recommended by Prison Commission.

W_~TER POPE: Pike County Superior Court; April term 1931; Assault to Murder; 5 years; Clemency recommended by the trial Judge; Commuted March 14, 1934.

390

JouRNAL oF THE HousE,

HOMER GENTRY: Floyd County Superior Court; January term 1933; Assault and Battery; 12 mos.-12 mos.-12 mos.-#72 and 75 served concurrently,#76 to be served after two above sentences served; Served two sentences and four months on the third sentence with good record; Commuted March 10, 1934. Not recommended by Prison Commission.
ROBERT LEE BAKER: Wayne County Super1 or Court; November term 1933; Murder; Death; Recommended by the Solicitor-General,Sheriff and Clerk of Court. Commuted to life imprisonment; Commuted April 20, 1934.
NEAL SMITH(col): Buford City Court; December term 1933; Misdemeanor; 6 months; Clemency recommended by the county commissioners; Comm~ted April 5, 1934. Not recommended by Prison Commission.
JACK ALFORD,alias JASPER ALFORD: Pickens County Superior Court; September term 1933; Assault with intent to murder; 2 to 3 years; Clemency is recommended by the prosecutor,a number of citizens and the trial Judge; Commuted April 25, 1934. Not recommended by Prison Commission.
JOE WEBB: Floyd County Superior Court; July term 1918; Murder; Life; recommended by various wardens and a number of citizens; Commuted April 25, 1934; Not recommended by the Prison Commission.
ROBERT LEWIS: Screven County Superior Court; May terra 1931; Larceny and assault to murder; 2 years larceny and 1 to 2 years assault tom urder; This applicant began service on June 2, 193l,and has therefore served approximately three years, which is all of the first sentence and the minimum of the second sentence. He is entitled to automatic parole except for the rule of requiring an extra year to be served in a case where there is two sentences. He has made a good record during the three years he has served '!::>ut since both sentences were received at the same term of court it is ordered that his sentence be commuted to present

TUESDAY, JANUARY 22, 1935.

39l:

service; Commuted April 27, 1934; Not recommended by Prison Commission.
LEE ELLER: Chattooga County Superior Court; September term 1932; Blackmail; 4 months; This man was convicted with Roy Baker and each of them was sentenced to four months with the privilege of paying fine of $350.00 at the end of four months. And in default of payment of said fine of $350.00 to serve 8 additional months; Commuted May 1, 1934; Not recommended by Prison Commission.
BUDDY HINES: Floyd County Superior Court; Larceny of Auto; January term 1934; 9 months; Applicant is only 18 yrs. of age and has served 3 mos. of his sentence. Mother died 4 yrs ago and left this boy and five other children with no one to care for them,as their father deserted them after their mother's death. They are dependent on their grandmother for support,who is herself in destitute circumstances; Commuted r~y 2, 1934; Not recommended by Prison Commission.
HARVEY GRUBBS: Fulton County Superior Court; January term 1933; Larceny of auto; 18 mos. to 2 yrs. case #38565-18 mos. to 2 yrs. case #38666,to run concurrently; Recommended by Claud Mills,Warden and work is promised him by one A.J. Grubbs,His brother; Commuted May 2, 1934. Not recommended by Prison Commission.
HAM HODGE: Chattooga County Superior Court; December term 1916; Simple larceny; 8 years; The Sheriff of Chattooga County where the crime was commited, statesth8t this is the only crime of which he was ever accused. In view of the fact that this cime was committed when he was only 24 yrs. old,and he is now a. man of 42 years,and this is the only case that has ever been against him,and in view of the service thc;t he has actually made under the sentence; Cowmuted May 7, 1934. Not recommended by Prison Commission.
ERNEST BRANNON,alias JAS. HU:NI'ER: Fulton County

392

JouRNAL or THE HousE,

Superior Court; November term 1933; Larceny of auto; li to 3 years; Youth of applicant,good prison record, and recommended by the Judge and SolicitorGeneral; Commuted May 10, 1934.
CLYDE SANFORD: Floyd County Superior Court; July term 1%3; Larceny of auto; 1 yr. Clemency recommended by Solicitor-General,Deputy Sheriff and others; Corr~ited May 10, 1934.
ROY MCALISTER,alias M.L. S'l'OVER: Floyd County Superior Court; January term 1934; Misdemeanor; (plea of guilty) 7 months; World War Veteran and in bad health,clemency recommended by the prosecutor,Warden and Solicitor-General;Commuted May 10, 1934; Not recommended by Prison Commission.
EMMETT GIBSON: Fulton County Superior Court; March term 1%3; Murder(killing of McGee); Death; Rader Davis,who has been electrocuted for killing Mrs. Sam H. Henderson,made a confession in the electric chair and said that Emmett Gibson was not guilty of the killing of Hamp McGee; That the sentence be commuted from death to life imprisonment; Commuted May 15, 1934. Not recommended by Prison Commission.
BOB RICHARDS: Atlanta Criminal Court; January term 1933; Possessing whiskey; $100.00 or 6 mos. and $150.00 and 10 months(records show that the $100.00 fine has been paid); Clemency recommended by the warden and J. H. Holcomb,Conwissioner of Cherokee County and by a number of citizens;Commuted Nay 23, 1934; Not recon~ended by Prison Commission.
CLP~~CE DAVIS: Floyd County Superior Court; July term 1%3; Larceny of auto; 1 year; Clemency recommended by the Solicitor-General,Warden and a large number of citizens; Commuted May 31, 1934.
LUTHER ROSSER: FUlton County Superior Court; November term 1930; Burglary; 4 to 6 and 4 to 6 years; Suffering from tuberculosis,and clemency is

TuESDAY, jANUARY 22, 1935.

393

recommended in order that he may enter a Government Hospital for treatment; Commuted June 14, 1934.
GEORGE COLE: Clarke County Superior Court; April te~ 1933; Murder; Death; Clemency is recommended by the Sheriff,Clerk Superior Court; Members of the trial jury,and County Officers; Commuted to Life Imprisonment; Commuted June 15, 1934.
L.A. JOHNS: Bleckley County Superior Court;July term 1932; Arson; 5 to 7 years; Clemency is recommended by the Judge,Solicitor-General,Prosecutor and Warden; Commuted June 15, 1934.
LILLIE MAE BAILEY,alias WHITAKER: Fulton County Superior Court; July term 1932; False Swearing; 4 to 5 years; Clemency recommended by the SolicitorGeneral trial Judge,Ward~ns; Cow~ted July 11,1934.
l"IARK FINK: Fulton County Superior Court; September term 1930; Burglary; 4 to 10 yrs; Recommended by officials and guards; Commuted July 6, 1934.
H.M. WILKINSON: Wilkes County Superior Court; assault to murder; May term 1934; 1 to 2 years; clemency recommended by Chairman of County Commissioners; Sheriff; Deputy Sheriff; trial Jurors; Judge; Solicitor General and guards; commuted November 28, 1934.
HOKE DAY: Emanuel County; Superior Court;October term 1933; seduction; 2 to 3 years;clemency recommended by the trial Judge all of trial jurors, warden and county officials; Solicitor General states he has no recommendation to make and not objection to file; corr~uted November 27, 1934.
AUSTIN WILLIS: Muscogee County Superior Court; May term 1932; burglary; 1 to 5 and 1 to 5 years; good prison record and clemency is recorr~ended by prosecutor,warden and county officials; Philander Brannon,a co-defendant,wa.s granted commutation on Janua.ry 12, 1934; corrnnuted December 4, 1934.

394

JouRNAL oF THE HousE,

CHARLIE,alias E.H. HODGES: Decatur,Georgia,City Court; July and August term 1933; misdemeanorslottery; 12 mos. & $50.00 in 2 cases, 12 mos. & $500.00 suspended sentences; applicant paid $600.00 in fines and practically all of suspended sentences have expired; commuted December 11, 1934.
ARTHUR MARSHALL: Floyd County Superior Court; October term 1933; murder; sentenced to death; recommended by Sheriff; deputy sheriffs and turnkey of Floyd County jail, who state he is of low mentality and far below average negro in intelligence; commuted Dec. 12, 1934.
FRED KOSTERER: Grady County Superior Court;Fall term 1930; murder; sentenced to life; recommended by trial jurors,foreman of grand jury County and City officials and large number of responsible citizens. Prisonerts home is outside of the State of Georgia,where he will return. Commuted Dec. 12, 1934.
ROBERT POHL alias INGATIS JOHNS: Fulton County Superior Court; March term 1934; bigamy; 2 to 5 years; very poor physical condition; clemency re.commended by trial Judge; recommendation of trial Judge is concurred in by Solicitor-General; commuted July 18, 1934.
WILLIE GUDE: Jasper County Superior Court,August term 1933; voluntary-manslaughter; 2 to 5 years; recommended by all of trial jurors,Warden,County Commissioners and County officials of Jasper Count~ including Sheriff, who was present during the trial and is familiar with facts, in the case; commuted July 19, 1934.
MIMER HICKS: Jasper Col;lJ1tY Superior Court; August term 1933; shooting at another; 2 to 4 years; recommended by county off1c1als,including Sheriff, Ordinary,Clerk of Court and County Commissioner, Judge James B. Park,the trial Judge; commuted July
20, lffi4.

TuESDAY, JANUARY 22, 1935.

395

SAM .MCSWAIN: Pulaski County Superior Court; 11arch term 1933;manslaughter;5 years;poor physical condition and recommended by all trial Jurors; county officials,Solicitor-General,trial Judge states,"A parole is recommended in this case when the defendant has served the minimum penalty for manslaughter which is one year"; commuted July 24, 1934.
WILLIAM DUPREE: Fulton County Superior Court; August term 1922; burglary; 15 to 20 years; completed his minimum sentence with good prison record and has served since June 4, 1934,over his minimum on account being unable to secure someone to sign parole papers; clemency recommended by war.den under whom he is serving; commuted August 8, 1934.
BOBBIE JENKINS: Floyd County City Court; February term 1934; drunkenness; $50.00 or 8 mos; youth of applicant; clemency is recommended by the Solicitor and fine was paid; commuted August 10, 1934.
JOHN JOHNSON: Harris County Superior Court;July term 1933; hogsteal1ng; 2 years; recommended by trial Judge and Solicitor-General; commuted August 20, 1934.
HILLERY HARRISON: Pierce County Superior Court; November term 1933; simple larceny; 1 year; youth of applicant,recommended by the trial Judge,Solicitor General,County officials and large number or citizens; commuted August 22, 1934.
HENRY JENKINS: Hall Superior Court; July "term 1922; burglary; 1~ to 20 years; youth of applicant who was 16 years of age when convicted, 12 years or actual service with good record; recommended by trial Judge; commuted October 11, 1934.
T.A. HA11BRICK: Fulton County Superior Court; September term 1922; burglary; 10 to 14 years; recommended by trial Judge,warden under whom he has served and he has served practically five years in Ga.Penitentiary.He is under life sentence in Ala., and on his release will be delivered to the State of Alabama.; commuted October 10, 1934.

396

JouRNAL OF THE HousE,

LINTON L.WEAVER,alias L.L. BELL,alias T.O. LITTLE; Fulton County Superior Court; January term 1~4; felony-ficticious checks; 3 years(in 3 concurrent cases); poor physical condition,being completely paralyzed in both lower limbs below the waist,on release he is to be admitted to Veterans Hospital; also has active T.B. both lungs;commuted October 10, 1934.
CLEVELAND JACKSON: Morgan County Superior Court; June term 1~4; murder; death; recommended by trial Judge,Solicitor-General,county officials,trial jurors,and large number citizens of Morgan County; commuted October 10, 1934.
SHEFFIELD BENNETT: Clinch County Superior Court; April term 1933; simple larceny; 2 to 4 years; sickness in famdly and destitute condition,family being dependent on county and CWA for support; recommended by Solicitor-General,Prosecutor,trial Jurors,Warden; commuted October 23, 1934.
ED GRAY,alias NOOK GRAY: Jenkins County Superior Court; Feb. Special term 1~4; perjury; 2 years; recommended by trial Judge,Solicitor-General,and Warden; commuted October 24, 1934.
R.w. GILMCRE: Richmond County Superior Court; February term 1934; burglary; 1 to 2 years; needy family consisting of wife and six small children; recommended by Solicitor-General,Warden and others. Commuted October 24, 1934.
ALFRED WEESE,alias A.D.OWENS: Fulton County Superior Court; May term 1933; larceny of auto; 1 year; youth of applicant and recommended by the trial Judge; commuted October 24, 1934.
JAKE LEACH: Fulton County Superior Court; August term 1933; larceny of auto; 1 to 2 years; family in dire need; recommended by trial Judge, Deputy Warden,one of the arresting officers; commuted October 25, 1934.

TUESD!'Y, JANUARY 22, 1935.

397

TURNER WRIGHT: Harris County Superior Court; July term 1932; manufacturing liquor; 4 to 5 years; good prison record and recommended by the trial Judge,and two others who were convicted at the sam~ time have already been commuted-they being Mack Culverson and Wilson Williams; cammuted October 26, 1934.
JIM KEITH: Meriwether County Superior Court; February term 1~4; manslaughter; 1 to 3 years;age good previous record and good service record; recommended by county offic1als,tr1al Judge and Solicitor-General and others;commuted October 31,1934.

WORD BARKER: Bartow County Superior Court; November term 1933; burglary; 2 years; good record tor almost a year,poor physical condition; no opposition appears in the tile although usual notice was posted and the Judge and Solicitor General were ooth notified or application; commuted November 9,
1934.
WARREN CLARK: Spalding County Superior Court; June term 1933; felony; 3 years; recommended by officials under whom he served; suffering from tuberculosis,release desired in order that he may enter government hospital; recommendations from a large number or citizens or Cleveland Ohto,his former home; commuted November 14, 1934.
H.D. STEWART: Fulton County Superior Court;March term 1932; fictitious checks; 2 to 5 and 2 to 5 years; poor physical condition; recommended by Warden and no opposition appears in the tile,although the Judge and Solicitor-General were notified and usual 30 day notice was posted; commuted November 14, 1934.
W.H. EBLING: Floyd County Superior Court; July term 1933; selling beer; $100.00 or 8 mos. and 18 months on probation; recommended by a nurnbe.r or citizens of Floyd County including the Deputy Sheritt,Solicitor Floyd City Court and others,who state

398

JouRNAL OF THE Hou~E,

that applicant paid a fine or $500.00 for the same offense and that beer is being sold at soft drink stands and restaurants without oeing molested by officers or law; commuted November 15, 1934.
HARRY THOMAS: Floyd County Superior Court;July term 1933; possessing beer; $100.00 and costs and 18 months on probation or 8 months in gang; good record as a law-abiding citizen and recommended by Chief of Police of Rome,Representative-elect,Solicitor Floyd City Court and others; commuted November 15, 1934.
LOUISE LEE: Floyd County Superior Court,April term 1932; larceny from house; 3 to 5 years; 17 years or age at the time or conviction; has completed her minimum sentence with excellent. record; recommended by the Warden of Female Camp and Matron; commuted December 13, 1934.
ALLEN WESTBERRY: Lowndes County Superior Court; Spring term,l934,(death sentence); murder; low mentality; two others involved in the same homicide have been tried and received life sentences; lunacy commission was appointed to examine this man who reported that he is of very weak mentality and the commission was or the opinion he was not of sufficient mentality to formulate a plan such as a conspiracy to kill and it was doubtful whether he knew the difference between right and wrong at the time; commuted December 14, 1934.
R.N. BRITT: Fulton County Superior Court;March term 1934; forgery; 2 to 7 years(sentences concurrent); has wife and three dependent children who are in need or his support; Judge J.R. Hutcheson recommends clemency; His pastor,Rev. Fields and several others recommend parole; commuted December 14, 1934. Not recommended by Prison Commission.
LEROY WELLS,alias JIM JONES: Fulton County Superior Court; August term 1923; burglary; 7 to 10 years;recommended by warden,John D. Humphries, Judge,who states that he has investigated facts in

TUESDAY, JANUARY 22, 1935.

399

case,Sheriff and Solicitor City Court Waycross; commuted December 18, 1934.
FRED MCGEE: Fulton County Superior Court; June term 1933; forgery; 2 to 3 years; youth of applicant; recommended for him by the prosecutrix, by citizens of Alabama and Chairman County Commissioners of Marion County; commuted December 21, 1934.
JOHN STONE: Clay County Superior Court; March term 1927; forgery; 3 to 6; 3 to 6; 3 to 6; good record,recommended by a number of responsible parties; commuted December 22, 1934.
DAVE MOORE: Walker County Superior Court;August term 1934; 1 to 3 years; assault to murder; has wife and seven small children badly in need of his support; recommended by Solicitor-General,Clerk of Court,Sheriff,Ordinary and other county officials; commuted January 2, 1S35.
SAM TEEL: Harris County Superior Court; July term 1934; Invol-manslaughter; 1 to 3 years; good prison record; clemency recommended by trial jurors, warden and a large number of responsible citizens of Harris County; commuted January 10, 1935.
C.C. WILKINSON,alias "LUM": Muscogee County Superior Court; February term 1916; involuntarymanslaughter; 2 years; clemency recommended by Solicitor-General,Warden; a number of officials of Greenville,s.c., Judge S.Price Gilbert of Supreme Court of Georgia,who was trial Judge, states that he has no objection to clemency; commuted January 9, 1935.
T.J. WHITEHEAD: Fulton County Superior Court; JUly term 1934; burglary; 1 year; youth of applicant; recommended by trial Judge and Probation officer Fulton County; commuted January 11, 1935.
W.A. CLEMENTS: Atlanta Criminal Court; November term 1934; lottery; $50.00 or 12 months; recommended by Judge Pomeroy; former employer promises work;

400

JouRNAL or THE HousE,

commuted December 14, 1934. Not recommended by Prison Commission.
PARDONS ALL PARDONS RECOt1!'IENDED BY PRISON COTIMISSION
EXCEPT WHERE STATED. J.T. STUffi1AN: J.T. Sturman was on the third day of January,l933,accused in accusation No. 118541 in the City Court of Atlanta for the offense of possessing one gallon of whiskey and the said J.T. Sturman was tried and found guilty before the Ron. Jesse :t-1. Wood,Judge of said Court on the 11th day of January 1933,and sentenced by the Court to pay a fine of $100.00 and serve six months on the public works of Fulton County and it having been made to appear to the Governor,the said sentence of six months was suspended at the discretion of the Court on the payment of the fine,and the said fine having been paid in full and the defendant,J.T. Sturman,released from custody by the sheriff of Fulton County,Sturman is hereby granted a fUll and complete pardon of the sentence as imposed by the Court,the fine of $100.00 being paid; Commuted February 1, 1933.
W.M. ALSOBROOK: Burk County Superior Court;May term 1929; Assault to murder; 5 to 8 yrs.Clemency recommended by the Solicitor~General,Judge,offici als and citizens; Commuted April 6, 1933.
ERNEST EICH: Fulton County Superior Court;January term 1930; Manslaughter; 7 to 12 years; At the time of the homicide Ernest Eich was about 19 yrs. of age and has served,counting the time spent in prison,more than 4 yrs. Insofar as the record discloses the ends of Justice have been met; Commuted April 6, 1933. Not recommended by Prison Commission.
MRS. ELLEN THOMPSON: Atlanta Criminal Court; April term 1932; Possessing liquor; $50.00 and 8 months suspended; The fine was paid and a year has elapsed since the suspended sentence was imposed, since which time she has not been guilty of any

TUESDAY, jANUARY 22, 1935.

401

infraction of the law,according to the record;Commuted April 6, 1933.
WILL GARLAND: Upson County Superior Court; Nov. term 1925; Murder; Life; This man has served a number of years in this case. The trial Jury,the trial Judge and the Solicitor-General state that since the trial and conviction of said Defendant Evidence has developed causing them to believe that the defendant might not have been guilty,therefore it is ordered that he be pardoned. Commuted April 6, 1933. Not recommended by prison Commission.
:MRS NORA DUREN: Ware Co~ty Superior Court;December term 1923; Murder; Life; Many people in the comnuty express doubt of this party's guilt. She has served a number of years and under all the facts and circumstances of the case I believe the ends of justice will be fully met by this pardon;Cornmuted April 4, 1933. Not recommended by Prison Commission.
J.T. MCBRIDE: Muscogee County Superior Court; I1ay term 1919; Murder; Life; Recommended by a number of the best citizens of Johnson County and different sections and in view of the fact that the time already made by this defendant is sufficient to satisfy the demands of justice; Corr@uted April 4, 1933.
J.Al1ES ANDREWS: Forsyth county Superior Court; November term 1932; Assault & Battery; 7 months; on recommendation of the trial jury and James Andrews having made four months of a seven months sentence, Pardon is granted; Commuted April 3, 1933; Not recommended by Prison Commission.
ED FADER: Glynn County Superior Court; May adj. term 1932; Vel-Manslaughter; 2 to 5 years; Recommended by the coroner's jury,trial jurors,a number of citizens,and officials; Commuted April 3, 1933.
ERNEST OWENS: Franklin County Superior Court;Mfg. whiskey; 1 to 2 years; September term 1932;Clemency

402

JouRNAL or THE HousE,

recommended by the Ordinary,Sheriff,Judge,Solicitor-Gen. and others; Commuted March 18, 1933.
J.T. OZBURN: Fulton County Superior Court;March term 1931; Bribery; Fine of $300.00-Paid April 10, 1931; Under the facts in this case I am of the opinion that J.T.Ozburn should be pardoned and he is hereby pardoned; Commuted March 17, 1933; Not recommended by Prison Commission.
JACK WHITE: Fulton County Superior Court; Nov-
ember term 1930; Misdemeanor; $1000.00 & 12 mos.
$500.00 and 12 mos; Jack White was probated on September 24, 1932, and has been serving under probation since tha.t time with good conduct. And his pardon is recommended by several reliable citizens whereupon he is hereby pardoned; Commuted March 17, 1933.
T. FRANK CALLAWAY: .Fulton County Superior Court; April term 1931; Accepting money to influence his official action; $300.00 or 6 months; In view of all circumstances of this case it is ordered that T,Frank Callaway be pardoned; Commuted March 16, 1933; Not recommended by Prison Commission.
JAKE MCGOWAN: Marion County Superior Court;April term 1932; Burglary; 2 to 5 years; Dr.o.c. Woods, Asst.State Farm Physician,states this negro is in desperate physical condition; Commuted March 11, 1~33; Not recommended by Prison Commission.
c.c. HILL: DeKalb & Taylor Counties Superior Court; January term 1929; Forgery & Escapes; 3 years and 12 mos; Recommended by Trial Judge,War-
dens and the sheriff and the prisoner's family is very much in need of his assistance:Commuted March 10, 1933; Not recomrnended by Prison Commission.
w.w. FOWLER: Spalding County Superior Court;
April term 1930; Manslaughter; 5 years; Pardon will enable him to procure employment as a Railway Mail Clerk .which was his occupation before conviction; Commuted March 10, 1933; Not recommended by Prison

TUESDAY, jANUARY 22, 1935.

403

Commission. LLOY N. JORDAl~,alias T.L. JOHNSON: Fulton County
Municipal Court; Possessing liquor; 12 months and 12 months; The evidence is that he took the entire blame on himself to shield other criminals. He has a good job for him and his mother is in need of his support; Commuted March 10, 1933; Not recommended by Prison Commission.
HARRY YORK: Fulton County SUperior Court;March & November terms 1930; Misdemeanor; Cases Nos. 33108,33348,33365 and 33645 on Docket of said Court; Penal Servitude; Harry York is now serving these sentences under probation by order of the Judges of the Superior Court of Fulton County. It having been satisfactorily shown that all the ends of justice will have been met,and that a pardon will make it possible for the said Harry York to make an honest living; Commuted !1arch 9, 1933;Not recommended by Prison Commission.
THOMAS LYTLE: Barrow County Superior Court;April term 1931; Larceny after trust; 2 to 5 yrs; Having served the minimum sentence and now being on probation, and it being represented satisfactorily that he will be able to secure employment if his disabilities are removed,it further appearing that his prison record is good and that he is conducting hiillSelf in an upright manner since being released it is ordered; Commuted liarch 9, 1933; Not recommended by Prison Commission.
M.C. MITCHELL: Bibb County Superior Court; January term 1923; Murder; Life Imprisonment; Parole was granted by Governor Russell. Recommended by several prominent citizens of Bibb County where the crime was cammitted,by the warden and the Superintendent of the State Farm and others; Commuted March 8, 1933.
HEWLETT c. WALKER: Jesup City Court; Drunkenness
and driving a car while intoxicated; 18 months; Recommended by Cap. W.L. Proctor,Warden,and Mr.W.L.

404

JouRNAL OF THE HousE,

Rogers,ex-sheriff of Wayne County Commuted March 8, 1933. Not recommended by Prison Commission.
ED GOBLE: Gilmer County Superior Court; May term 1922; Murder; Life; Good prison record. Also,because of the release of the co-defendants in this case; Commuted Feb. 6, 1933.
A.L. ADAIR: Paulding County Superior Court,August term 1932; larceny from house; 90 days in jail or a $50.00 fine; fine has been paid; Commuted September 15, 1933. Not recommended by the Prison Commission.
HOMER BUNDRUM-: Carroll County Superior Court; October term 1925; Murder; Life; Having been paroled by order of the Governor on June 6, 1932; and having lived in a law abiding manner since that time,pardon is granted this person; Commuted Feb. 8, 1933; Not recommended by Prison Commission.
OWEN E. DODD: Criminal Court of Atlanta; March term 1930 Misdemeanor(possessing intoxicating liquor); $500.00 and 12 months suspended; The records in this case show that the fine was paid June 5, 1930,and the conduct of Mr. Dodd has been good according to affidavits in the file; Commuted Feb. 16, 1933.
CLAUD FORD,al1as FRANK SHRINER: Atlanta Criminal Court; March term 1931; Possessing whiskey; given suspended sentence of 12 months on payment of fine of $500.00,which fine was paid; Commuted Feb.6, 1933; Desirous of leaving the State,and desires to start life anew; Not recommended by Prison Commission.
CH.~IE JONES: Union County Superior Court;April term 1928; Val-manslaughter; 5 to 10 yrs; Recommended by trial jurors,County Officials and several hundred citizens and is not opposed by the trial Judge and Solicitor-General. Commuted Jan. 26, 1933.

TUFSDAY, jANUARY 22, 1935.

405

M.C.SUTTON: Pierce County Superior Court; November term 1932; Simple larceny; 12 monthe; family in distress and needs assistance. Good prison Record; Conmmted Jan. 26,1933; Not recommended by Prison Commission.
L.M.PATTON: Fannin County Superior Court; December term 1929; Forgery(2 cases} assault & battery; 12 months in 2 cases and 12 months suspended in 3rd. case; Recommended by a large number of citizens, county officials,Solicitor,Judge and the injured parties; Commuted Feb. 18, 1933.
W.GUY DOBBS: Fulton County Superior Court;March term 1931; Bribery(2 counte) $500.00, 12 months; Recommended by a large number of citizens,Grand jurors, Trial Jurors and others; Commuted Feb. 22, 1933. Prison Commission did not recommend.
O.B. WRIGHT: DeKalb County Super1or Court;March term 1932; Making Liquor; 2 to 3 years; Commuted April 11, 1933. Recommended by County Officials and Warden,and neither recommended nor opposed by the trial Judge and Solicitor-General.
ROBERT COLEMEN: Clayton Superior Court; May term 1929; Murder; Lite; Convicted on circumstantial evidence of the murder of his wire. Served 4 yrs. or sentence; Cormnuted April 14, 1933; Not recomnended by Prison Commission.
MONROE HAM: Pike County Superior Court; July term 1931; Assisting a prisoner to escape from custody; 3 to 5 years; Recommended by nine jurors,peace officers,tax collector,County school Supt.Deputy Sheriff and former Sheriff; Solicitor-General does not oppose the recommendation; Commuted April 19, 1933; Not recommended by Prison Commission.
TROY DIXON: Brantley County Superior Court;June term 1932; Simple larceny; 12 months or $150.00; He has made about ten months of the twelve in jail and clemency is recommended by Sheriff Newton; Cormnuted April 20, 1933; Not recormnended by Prison

406

JouRNAL or THE HousE,

Commission. P.W. MOBLEY: Upson County Superior Court; Febru-
ary term 1931; Burglary; 10 years; Made two years on this term. Record shows that he has a good prison record. For these reasons and due to this man's age I am granting this pardon; Commuted April 27, 1933; Not recommended by the Prison Commission.
HOYT OGLE: Hall County Superior Court; November term 1932; Robbery; 9 months; He has served five months or a nine months sentence and a great many of the best citizens of Hall County,state that in their opinion he should be released; Commuted April 27, 1933; Not recommended by the Prison Commission.
JOE COGGINS: Atlanta Criminal Court; January term 1933; Selling whiskey; 12 months; Physically unable to work and has been returned to jail tor that reason. He has been offered a job,if release~ that will enable him to support his dependent familY; Commuted May 1, 1933; Not recommended by the Prison Commission.
WALTER E. CLARK: Richmond County Superior Court; May .term 1929; Embezzlement; 4 years & 4 years; Clark having been granted Commutation April 25, l932,on recommendation of the Prison Board,and having lived a law-abiding life since that time; CommutP.n May 2, 1933.
J/'J1ES BRUI1LEY: Fulton County Superior Court;January term 1931; Larceny or auto; 4 years;Recommended by the Prison Board; Commuted May 2, 1933.
V.M.HARBIN: Douglas County Superior Court;March term 1931; Possessing apparatus tor making liquor; 12 months or to pay fine or $250.00 & costs; The petition is signed by a great many or the most prominent citizens and county officials of Douglas County sets forth facts from which it appears to be doubtful whether or not he is guilty or the charge on which he was convicted; Commuted May 3, 1933;

TUESDAY, JANUA~Y 22, 1935.

Not recommended by Prison Commission.

FRED KILLIAN: Whitfield County Superior Court; April term 1932; Involuntary~anslaughter; 1 year; Recommended by County Officials,responsible citizens, and not opposed by the Solicitor-General; Commuted May 4, 1933.

CHESTER SMITH; alias CHAS. HOWARD,alias SAM T. PLAYER: Lowndes County Superior Court; May term 1929; Robbery; 20 years; The crime for which executive clemency is asked in this instance as committed by this prisoner in company with officers of the convict camp where he was confined. The facts that he participated in this robbery without any previous knowledge that he was going to commit a crime,and that he,a convict,acted upon the urging of his guards in this robbery; Commuted May 4,1933; Not recommended by Prison Commission.

M.A. WELLS: Whitfield County Superior Court;Apr11

term 1932; Manslaughter; 2 yrs; and 1 day;, Recom-

mended by the mother of the deceased man, a number

of responsible citizens ana not objected to by the

trial Judge and Solicitor-General. 1933.

Commuted May 8 1

JOE WHI'l'LOCK: Baker County Superior Court; January Adj. term 1933; Hog stealing; 12 months;Recommended by Solicitor-General,the grand Jurors,trial Jurors and many of the best citizens; Commuted May 9, 1933; Not recommended by Prison Commission
. CLAUDE CARI'1AN: Fulton County Superior Court;January term 1929; Larceny of Auto; 5 years; Has good prison record. Has served nearly 3t years actual servicei Cow~uted May 9, 1933; Not recommended by Prison Gommission.

FRED SKIPPER: Fulton County Superior Court; September term 1931; Fictitious Checks; 2 to 5 years each on two indictments; Poor health,recommended by trial Judge; Commuted May 16, 1933; Not recommended by Prison Commission.

408

JouRNAL OF THE HousE,

JAMES WYATT: Fulton County Superior Court;August term 1923; Assault to Murder; 8 to 10 years; James Wyatt was paroled on the 18th. of December,l930, and the Prison Commission stating th8t diligent investigation has been made of the conduct of James Wyatt and that it has been good during his term of parole; Commuted May 17, 1933.
RALPH DELOACH: Evans County Superior Court; October term 1932; Burglary; 12 months; Hon. H.B. Strange,Presiding Judge,recommends pardon; Commuted May 20, 1933; Not recommended by Prison Commission.
Eft~ WILLIS: Dawson County Superior Court;August term 1932; Assault with intent to robbery; 2 to 4 years; Assault to murder-4 to 10 years; Number of citizens asks his release. The trial Judge states that under the evidence the presence of Willis at the scene of the crime was extremely doubtful and Judge states that Willis has been in jail for about a year and recommends clemency; Commuted May 24, 1933; Not recommended by Prison Commission.
LELAND HARVEY,alias HOWARD KING: Bibb County Superior Court; April term 1929; Robbery in 5 cases to 20 years in each case; In view of the foregoing it is ordered th2.t Leland Harvey,alias Howard King, be and he is hereby pardoned as to the five cases of robbery from Bibb Superior Court carrying cumulative sentences of 100 years; Commuted May 24, 1933; Not recommended by Prison Commission.
L.A. WINN: Clarke County,Superior Court; Fall term 1932; assault with intent to rape; 12 months; the recommendation of Rev. John H. Wood of Winder, Georgia,who states he has known applicant for 45 years; also vouches for his innocence; also recommended by City Council and a number of citizens of Bogart; desperate health and advanced age; commuted May 25,1933; Not recommended by Prison Commission.
'
CLARENCE DEAL: Stephens County Superior Court; January term 1933; robbery; 2 to 5 years; Clemency recommended by prosecutor,trial jurors,the Sheriff;

TUESDAY, jANUARY 22, 1935.

409

Solicitor-General and trial Judge,besides a number of citizens; commuted May 26, 1933; not recommended by Prison Commission.
PAUL SIMPSON: Gwinnett County Superior Court;September term 1932; man-slaughter; 2 years; recommended by trial jurors and many prominent citizens; commuted May 26, 1933; not recommended by Prison Commission.
OTHO BENTON: Miller County Superior Court; April term 1930; uttering a forgery; 3 to 6 years; Benton has a chance to accomplish some worthwhile things with his citizenship restored; commuted June 5, 1933.
CARL LANCASTER: Fulton County Superior Court; January term 1928; rape; 10 to 20 years; havirig made good record under parole as testified to by the parole officer; co~nuted June 10, 1933.

JOHN HARRELL: Brantley County Superior Court; November term 1931; burglary; 2 to 5 years; recommended by trial Judge and Solicitor General; and his family is in very needy circumstances;commuted June 12, 1933.
STUTZ JACKSON: Fulton County Superior Court; Spring term 1930; felony; 1 to 3 years and 1 to 3 years; this man was paroled on the 12th day of March.l932; has conducted himself properly and has complied wlth conditions of parole; pardon recommended by Prison Commission; commuted June 21, 1933.
EDGAR MACON: Harris County ,Superior Court;January term 1930; simple larceny 1 to 5 years; was granted parole February 10, 1932; he has conducted himself properly and complied with the rules of parole; Pardon is recommended by the Prison Commission; Commuted June 21, 1933.
EUGENE c. PEEK: Fulton County Superior Court;

410

JouRNAL or THE HousE,

fall term 1929; larceny after trust; 3 to 5 years; was paroled June 23, 1932; and has conducted himself properly and complied with the rules of parole; pardon is recommended by the Prison Commission; commuted June 21, 1933.
CHARLES E. DAVIS: Fulton County Superior Court; began service November 5, 1920; forgery; 10 years; records in this case show that he has lived an up-right life since his pardon and I believe that complete pardon will material.ly aid him,complete pardon with restoration of civil rights; commuted June 22, 1933.
PEARLIE MAE LATTIMORE: Sandersville City Court; January term 1933; misdemeanor; 8 months; good prison record for more than half her sentence; recommended by the prosecutor,warden and others; com.nn1ted June 23, 1933.
GERALD L. SMITH: Fulton County Superior Court; July term 1925; burglary; 10-20(4 sentences-concurrent); recommended by the prosecutor and many prominent people. Mr. Billups whose horne was burglarized,recommended clemency more than four years ago; commuted June 23, 1933; not recommended by Prison Commission.
COSTELL RICE: Fulton County; Superior Court, !"'"arch term 1%3; burglary; 1 year; Hon. Edgar E. Pomeroy,trial Judge,states: "In view of the defendant's age and the further fact that it appears it is 'the intention of this family to move to Sparta, Georgia,where he has a farm,! respectfully request that he be released". Conunuted June 24, 1934.
HOHARD GORMAN: Fulton County Superior Court; May term 1932; Robbery & Misdemeanor; 2 to 3 yrs. and 12 months; Very little education and his parents,wife and small child are 1n destitute circumstances. Man he robbed requests that he be pardoned. Clemency is asked by a number of Citizens; Commuted May 30, 19~3. Not recommended by Prison Commission.

TUESDAY, ],..\NUARY 22, 1935.

411

ED BUTT: Union County Superior Court; April term 1922; MUrder; Life; There is a great deal o! agitation for clemency. Also,some opposition 1n opposition to clemency,suffering !rom tuberculosis and is confined in the tubercular ward at the State Farm. The only chance for him to recover would be through a change of climate; Conmuted June 2:7, 1933. Not recommended by Prison Commission.
ROBERT L. WHITE: Oconee County Superior Court; January term 1932; Murder; Life; Clemency recommended by all of the trial jurors,representatives,Clerk Oconee Superior Court,other county officials and c1tizens,and the opinion is now expressed that the death was accidental; Commuted July 12, 1933.
JOHN FARMER: White County Superior Court;October term 1920; Murder; Life; 11 Jurors recommend clemency. Other Juror seems to be dead. Judge J.B. Jones,Gainesville,Ga. recommends clemency; Commuted July 13, 1933; Not recommended by Prison Commission.
HULDIE SCOGGINS: Oconee County Superior Court; January term 1933; Simple larceny; 6 months; Clemency is recommended by county officials and others, including the Representative of Oconee County; Commuted July 14, 1933.
ALBERT DOUGLAS: Fulton County Superior Court; March term 1933; Robbery; 12 months and probated by Hon. Jno. D. Humphries,Judge or Superior Court on May 11, 1933; Not recommended by Prison Commission.
A.J. JOHNSON: Clark County Superior Court;January term 1933; Making liquor; 1 to 3 years; 3 other persons indicted in this same transaction were permitted to pay fines of $75.00 each after serving 3 months. L.G. Hicks swore Johnson was not doing anything at the still. He had no interest in the distillery; Commuted July 28, 1933; Not recommended by Prison Commission.
A.J. WADE: Fulton County Superior Court; March term 1932; Forgery; 3 to 4 years; Recommended by

412

JouRNAL OF THE HousE,

trial Judge,wardens and Officials,and party whose name was forged, not opposed by Solicitor Boykin; Commuted July 28, 1933.
ROBERT NESBITT: Floyd County Superior Court; April term 1933; Possessing liquor; $100.00,12 mos. in chaingang and 6 mos. in jail; Nesbitt,age 22, was riding in an auto with a man much older than he, and a 2 gal. can of liquor was thrown out of the car. Bill Copeland,induced Robert to plead guilty and told him he would pay his fine. He did plead guilty and Copeland refused to pay his fine;Commuted July 28, 1933; Not recommended by Prison Commission.
BILL CREEN: Muscogee County Superior Court;October term 1914; Murder; Life; Applicant is 60 yrs. of age and served approximately 20 yrs. Good prison since 1922. He has had a stroke of paralysis and is physically disabled; Commuted July 28,1933; Not recommended.by Prison Commission.
CHARLIE BRAZEALLE: Stephens County Superior Court; July term 1933; Mfg.whiskey; $75.00 fine within 3 days or 12 months; Recommended by Solicitor-General and the trial Judge,County officials and a number of citizens; Commuted August 1, 1933; Not recommended by Prison Commission.
c.o. JENKINS: Atlanta Criminal Court; May term
1933; Operating auto while intoxicated; 12 months; Recommended in order that he may be reinstated on the police force of Atlanta,where he has served for many years,and has the assurance he will be given work in the event he is given a pardon;Commuted August 2, 1933.
HOMER .MARION KELLY: Fulton County Superior Court; November term 1932; Burglary; 2 and one-half to 5 years; Kelly was in drunken condition at the time of this robbery and that the other man convicted in this same case was entirely responsible for the crime, and committed it without any assistance fram Kelly; Commuted August 3, 1933;Not recommended by

TUESDAY, jANUARY 22, 1935.

413

Prison Commission. DR. J.M. ELLIOTT: Troup County Superior Court;
November term 1908; Murder; Life; Without friends at the time he committed this crime and was tried. He has served a long number of years and is now an old man in feeble health; Commuted August 3,1933; Not recommended by Prison Commission.
L.H. COWART: Talbot County Superior Cotrr't;March term 1922; Murder; Life,a.nd commuted by the Governor on December 20, 1932; It having been satisfactorily shown that L.H. Cowart has lived exemplary life as becomes a good citizeh since being released on conditional commutation, I am granting pardon for L.H. Cowart; Commuted August 5, 1933.
FRANK BATES: Fulton Superior Court; February term 1919; Murder; Life; This man has faithfully carried out his parole and is recommended by the Prison Commission; Commuted August 9, 1933.
E.C. STEGALL: Fulton County Superior Court; September tenn 1923; Vel-Manslaughter; 15 to 16 years; Commutation was granted by Gov. Russell,Dec. 15, 1932; Having been paroled and having made satisfactory record under parole,it is ordered that he be pardoned; Commuted August 9, 1933.
MILLARD A BERRONG: Rabun County Superior Court; February term 1925; Murder; Life; He was paroled March 9, 1932; to W.L. Deck, Supt. of Burke County Penitentiary,and has made a good record on parole; Commuted August 9, 1933; Not recommended by Prison Commission.
M.w.HARI'10N and MRS .l"lURRAY HARI'10N: Criminal court
of Atlanta and sentenced accusation 78510,paid fine $250.00 sentence suspended-accusation 106002 paid , fine $300.00 sentence suspended accusation 11585 paid fine $250.00 sentence suspended-accusation 116671 Mrs. Harmon given suspended sentence 116672 paid fine $750.00 and sentence suspended; in view of the fact tines totaling $1,550.00

414

JouRNAL or THE HousF;,

have been paid in these cases, and satisfactory showing having been ma.de by M.W. Harmon and Mrs. 1'1Urray Harmon that they have abandoned the liquor traffic and are now seeking to carry on a ligitimate business I am granting pardon; Commuted August 14, 1933; Not recommended by Prison Commission.

W.C.TINSLEY: Fulton County Superior Court; September term 1923; Arson,larceny of auto; 5 to 10 and 2 to 5 yrs; Received 5 to 10 yrs. in 1 case and 2 to 5 years in another case, and having actually served more than seven years, which is more than the combined mintmum sentences; Commuted August 15, 1933; NDt recommended by Prison Cammission.

HAROLD BURDETT: Newnan,Ga. City Court; May term 1933; Misdemeanor(Simple larceny); 6 months in two cases to run consecutively; Pardon granted on account of this young man's age; recommendation of the Solicitor-General and trial Judge. He has served tour months and the co-defendan~s in ~ne vase have been released on the payment of fines; Corr~ut ed August 28, 1933; Not recow~ended by Prison Commission.

R.A. DENMARK: C'hattooga County Superior Court;

September term 1931; Embezzlement; 2 years; This

man was paroled on November 23, 1932,and has made

satisfa.c~ory record since that time, having been

employed ~t the old Soldiers home and is vouched

for by Dr. Patton,Supt. in letter dated August l933;Commuted August 30, 1933; Not recommended

6by1

Prison Commission.

ROBERT W. tlliLVIHILL: Fulton County Superior Court; Sept. term 1927; Vel-manslaughter; 5 to 20 years; This man having served his sentence and having been on parole with good record since November 12, 1933; Commuted Sept. 2, 1933:, Not recommended by Prison Commission.

BILL ESTES: Fulton County Superior Court; January term 1932; Robbery; 2 years; He has made a good prison record and clemency has been recommended by

TuESDAY, jANUARY 22, 1935.

415

the warden. He is a young man and his sister has secured a job !or him in New York where she lives; Commuted Sept. 14, 1933; Not recommended by Prison Commission.
WALTER B. ARRANT: Union County Superior Court; April term 1933; Manslaughter; 1 to 2 years; On recommendation of trial jurors,great many reliable citizens of Union County; Commuted September 14, 1933; not recommended by Prison Commission.
STEVE SMITH: Pickens County Superior Court;April Term 1927; ~ssault with intent to murder; $150.00
& 12 months suspended; He has been on suspended sen-
tence for over six years and is recommended by the trial Judge; Commuted September 14, 1933.
THAMAS D. ZIPPERER: Fulton County Superior Court March term 1931; uttering fictitious check; 2 to 3 years sentences to run concurrently; he has wife and two small children in Cincinnati who are dependent; recommended by trial Judge; he has made a.ll checks good and served since January 16, 1932 with good prison record; commuted September 15, 1933; not recommended by Prison Commission.
PAUL JONES: Atlanta Criminal Court; September term 1931; violating prohibition law; 12 months or $250.00 in 5 cases; the fines were paid and more than a year and a half has elapsed since the sentences were suspended; applicant has lived a lawabiding and up-right life; commuted September 21, 1933.
ALICE REDD: Fulton County Superior Court; November term 1932; misdemeanor; $69.05 (Sixty-nine dollars and five cents); and 12months suspended; this fine was paid and more than 10 months have passed since she was given the suspended sentence, and her conduct has been good during that time; commuted September 28, 1933.
MRS MAMIE BROvffi: Atlanta Criminal Court September term 1933; possessing home brew; $50.00 or tour

416

JouRNAL OF THE HousE,

months; 1t appearing that Mrs. Mamie Brovm is in dest1tute circumstances and that her only dependence for support is a crippled daughter; ~trs. Brovm 1s unable to pay the fine of $50.00,or any part of it; commuted September 29, 1933; not recommended by Prison Commission.
WESS WEAVER: Upson County Superior Court;July term 1920; murder; life; Was granted parole August 17, 1932, in view of good prison record and good recommendations for clemency; it has been shown that he lived up to his parole; commuted October 9, 1933; not recommended by Prison Commission.
DAVID N. (NEWT )BREWSTER: Whitfield COlmty Superior Court; October term 1930; murder; life; his wife recently died and he has several small children dependent on him for support,recommended by Officials,State Farm Physician,says he has marked mental depression; served over one year; comnuted October 10, 1933.
THOMAS B. BLAKE: Was convicted at the September term 1928,Fulton County Superior Court for murder and sentenced to life; all the relatives of the dead woman,including her two brothers,a.re asking for clemency and state that they are now convinced that Blake was not guilty,he has one child who needs his support; commuted October 10, 1933;conditional pardon; Not recorrmended by Prison Commission.
FRANK JOINER AND J .T .RYCROFF: Early County Superior Court; October term 1932i larceny from house; 12 months or 4 months and ~50.00; good prison records,destitute circumstances of families; recommended by large number of citizens; commuted October 11, 1933.
JACK BELLEW: Habersham County Superior Court; spring term; 1923; burglary; 5 to 10 years; this man has made loi years on a 5 to 10 year sentence, with exception of about two months during which he was an escape. His health is bad according to

TuESDAY, jANUARY 22, 1935.

417

affidavit of County Physician,afflicted with heart trouble; commuted October 11, 1933; not recommended by Prison Commission.
BASH LEE THOMPSON: Fulton County Superior Court; Janue.ry term 1931; for aiding and escape; 1 to 4 years; it has been satisfactorily shown that she faithfully served her parole; commuted October 11, 1933.
CU..UDE I'IA.NN:alias JOHN HENRY l1ANN: Floyd County Superior Court; Janmry term 1920; murder; life; deceased threatened him constantly; recommended by warden; commuted October 12, 1933; not recommended by Prison Commission.
RED CRAIG: Pike County Superior Court; July term 1931; aiding prisoner to escape the same being case #22932 Court of Appeals 3 years; which case was later commuted to a fine and the fine paid; also given six months and 12 months in Fulton County, case #114092,Criminal Court of Atlanta for possessing intoxicating liquors 182795; on which 8entence the applicant made 12 months and balance of sentence was suspended by Judge Wood; has job to make honest living; conunuted October 14, 1933; not recommended by Prison Commission.
JAKE SLCCU11B: Bibb County Superior Court; March term 1923; murder; life; served almost 9 years with good prison record; young negro boy 17 years of age; Mr. Edward F. Taylor,wh.o was one of the trial jurors, says in letter addressed to Prison Commission that he is still of the opinion as was then that the man should have been convicted of nothing more than manslaughter; Prison Co~ission recommends parole; commuted October 25, 1933.
BOB WILLIA!1~: Bibb County Superior Court; January term 1911; murder; life; applicant has made twenty-two years; reconunended by a large number of persons; commuted October 25, 1933; not recommended by the Prison Commission.

418

JouRNAL OF THE HousE,

FLOYD RUTLAND: Colquitt County,City Court; June term 1933; drunkenness on public highway; 8 months on gang; rec~mended by Sheriff,Solicitor,and trial Judge; commuted October 26, 1933; not recommended by Prison Commission.
TALMADGE PRYSOCK: Emanuel County Superior Court; January term 1930; voluntary-manslaughter; 5 to 8 years; recommended by a number of responsible citizens; Ordinary; police in Swainsboro; Justice of Peace; Dr. G.E. Yeomans,Mr. S.J. Overstreet,Mr. M. H. Blount,!1r. B.Lewis Brinson; and others who have filed their individual recommendations for clemency; commuted October 25, 1934; Not recommended byPrison Cornmi ssi on.
JOHN STRICKLAND: Coffee County Superior Court; Spring term 1927; for mob violence; 4 to 20 years; was paroled on July 25, 1930; Prison Commission reported that diligent inquiry and investigation of the conduct of said paroled prisoner during the term of his parole,shows that he has complied with conditions of parole and has demeaned himself in a proper and satisfactory manner; commuted November 8, 1933.
P.E. WILLIAMS: Baldwin County Superior Court; January term 1933; embezzlement; 12 months; recommended by trial jurors,officials and citizens of Baldwin County; commuted November 8, 1933; not reccrmnended by Prison Commission.
ARCHIE BURNEY: Eastman,Georgia,City Court;August term 1933; selling and possessing liquor; 6 months; recommended by trial Judge; Solicitor of City Court of Eastman; wife and children practically upon charity; commuted November 8, 1933; not recommended by Prison Commission.
LONNIE FAVORS: Terrell County Superior Court; May term 1914; murder; life; convicted and has been serving since 1914,or 19 years; has made good prison record and is now growing old; commuted November 8, 1933; not recommended by Prison Commission.

TUESDAY, JANUARY 22, 1935.

419

LEE PRYOR: Spalding County Superior Court;April term 1928; murder; lite; Neighbor phoned the police that Pryor was beating his wi!e,although Pryor was at home alone. He had received several threatening letters and was expecting to be assaulted or harmed. When Police arrived without Pryor knowing who they were he shot into the crowd and killed one o! their number. Has served almost 5 years; commuted November 8, 1933; not recommended by Prison Commission.

JAMES SILER: Turner County Superior Court; July term 1933; misdemeanor; 1 to 2 years; It appears that James Siler did not participate in entering the store,but that he had come on down the road away from the other boys, and refused to enter the store; commuted November 20, 1933; not recommended by the Prison Commission.

DAN HUMPHRIES: Thorms County Superior Court; October term 1931; simple larceny; 2 to 5 years; Solicitor-General recommends a pardon; commuted November 17, 1933; not recommended by Prison Commission.

CHJl.RLES" BRASWELL: Walton County Superior Court; November term 1931; Making liquor; $75.00 and 12 months suspended; Applicant was given a suspended sentence of 12 months in November 1931; and practically two years have elapsed since that time and applicant's record has been good during that time. The fine was paid; Commuted November 22, 1933.

LESTER LEON ROWE: Fulton County Superior Court;

February term 1928; Bigamy; 3 to 5 years; This

applicant was paroled on September 9, 1930,and has

lived up to his parole since that time; Commuted

November 22, 1933.



OTIS CHALMERS: Fulton & Floyd Counties Superior Court; April term 1928; Robbery; 4; 4; 10 and 20 years; This applicant was paroled on October 11, 1932,and it has been satisfactorily shown that he has made a good record under the parole; Commuted November 22, 1933.

420

JouRNAL or THE HousE,

I.J. MCMILLJU~: Berrien County Superior Court; Spring tenn 1927; Assault to Nurdert 4 to 7 years; This applicant was given parole on August 7, 1930, and it has been satisfactorily shown that he has lived up to his parole; Commuted November 22, 1933.
L.A.OECHSLEE: AtlB.nta,Georgia Criminal Court; October term 1929; Possessing whiskey; $150.00 fine and suspended sentence of 10 mos. The fine was paid; This applicant has made a good record as a law abiding citizen over a period of four years and pardon is recommended by reputable business people who are acquainted with his daily life; Commuted November 22, 1933; Not recommended by Prison Commission.
JACK BONE: Floyd County Superior Court; August term 1905; Murder; Life; Bone was granted a parole on November 2, 1932; and has lived up to the rules of the parole laws; Commuted November 23, 1933.
JII1 MOSLEY: Appling County Superior Court; August term 1932; Fishing out of season; $25.00 & cost or four months; He will have made t~o months on the 30th of November. In view of the ract that his family is destitute, pardon is granted as or November 30, 1933; Commuted November 24, 1933; Not recommended by Prison Commission.
ROBERT YOUNGBLOOD: Walker County Superior Court; August term 1931; Burglary; 3 to 5 years; This boy was 17 years or age at the time he entered service and has served practically the minimum sentence,being due automatic parole on March 24, next year. Judge Johns,vice Chairman or the Prison Commission recommends clemency although no formal application is pending before that body; Commuted November 22, 1933; Not recommended by Prison Commission.
GILMER DEAN: Polk County Superior Court; February term 1933; Burglary; 2 to 4 years; Youth or applicant,good prison record,and Clemency is recommended by the Judge,city and county officials

TuESDAY, jANUARY 22, 1935.

421

and others; Commuted November 23, 1933.
JOS. c. WILLIAMS: Fulton County Superior Court;
Fall term 1927; AssaUlt with intent to rape; 1 to 5 years; He was paroled on October 18, 1928. Good prison record and has excellent record since being paroled,having re-established himselt in the community in which he lives; Commuted October 27, 1933; Not recommended by Prison Commission.
HENRY B. PATTERSON: Muscogee County Superior Court; November term 1932; Embezzlement; 1 to 2 years; Good prison record for almost 10 months;his character prior to being sentenced is shown to have been excellent,and clemency is recommended for him by the trial jurors,grand jurors,warden, Representative or Muscogee County and a number or responsible citizens. Clemency is neither recommended nor opposed by the Judge and Solicitor-General; Commuted November 3, 1933.
MARY CONE: Muscogee County Superior Court; Fall term 1931; Manslaughter;l to 3 yrs;Prison Commission reports she has complied with the conditions of her. parole and has demeaned herself in a proper and satisfactory manner; Commuted November 4, 1933.
LAWSON WARE: Floyd County City Court; September term 1933; Stealing one Doz. roasting ears; 6 months; Clemency is recommended by Judge and Solicitor who tried the case. Family in destitute circumstances; Commuted December 6, 1933; Not recommended by Prison Commission.
MRS. ELIZABETH SPEAR: Atlanta Criminal Court; April 1931; October term 1932; Possessing liquor; $200.00 & 12 months suspended; $100.00 and 8 months suspended; Recommended by the warden under whom she has served, and both fines were paid; Commuted December 11,1933.
J.C. MIDDLEBROOKS: Fulton County Superior Court; May term 1933; Robbery; 3 to 5 years; T.c. Love, Manager of the store that was robbed,was the only

422

JouR.NAL or THE HousE,

st~tets witness in the case. Mr. Love now makes affidavit that while at the time of trial he believed Middlebrooks to be guilty,tha.t he has found out now that he is mistaken and he asks that this man be released; Commuted December 12, 1933; Not recommended by Prison Commission.
T.R. ELLIS: Atlanta,Georgia Criminal Court; September term 1933; Possessing whiskey; $100.00 fine and 8 months-8 months suspended on payment of fine. Fine paid; The suspended sentence is preventing him from engaging successfully in business; Commuted December 12, 1933; Not recommended by Prison Commission:
ROYSTON HOLTZCLAW: Forsyth County ~uperior Cour~ November term 1931; Larceny; 1 to 3 and 1 to 3 years; This applicant was convicted on two counts due to the fact that the money of which he was convicted of stealing belonging to two different parties. In my opinion only one offense was committe~ as the money was altogether in one place. He was sentenced to from one to three yrs. in each case, and begun service in November 193l,and has accordingly made mare then the minimum o! each sentence; Commuted December 13, 1933; Not recommended by Prison Commission.
MILTON A. SHIRAH: Colquitt County Superior Cour~ October term 1933; Libel; 12 months and 6 months suspended; I am informed that Mr. Shirah,in additicn to being an editor,is also a Primitive Baptist Minister. Affidavit of Sherif! Beard printed in Moultrie Observer under date of Oct. 24, 1932,stated practically the same facts as those states in the Free Lance of Oct. 20,1932. The principal facts being that Sheriff Beard contends that letter was given to any officers who might hold up Croft for the purpose of trapping whiskey runners. The rule as laid down by the Supreme Court is that for any article to be libelous the article as a whole must be libelous and that no particular part of the article can be segregated from the whole for the purpose of showing a libel. Taking the articles com-

TuESDAY, jANUAJ.Y 22, 1935.

423

plained of as a whole, I am of the opinion that they were not libelous; Commuted December 13, 1933; Not recommended by Prison Commission.

ARTHUR H. FAVORS: Atlanta,Georgia Criminal Court;

January term 1933 12 months or $500.0Q-f1ne re-

d1usceodnlytom$a2k0in0g.0$0l,$56.o5o.00a

of which week and

hae has

been paid; a wife and

He
5

children; Commuted December 13, 1933; Not recommend-

ed by Prison Commission.

WALTER MCMANUS~alias W.F.HUDSON,al1as J.T.CARROLL; Fulton & Coweta ~ounties respectively; Larceny of auto,Simple larceny; 1 to 5; 1 to 5 and 5 years; This applicant having served under parole with satisfactory record since April 14, 1933,he is hereby pardoned; Commuted December 13, 1933; Not recommended by Prison Commission.

GEO. A. HAYNES: Atlanta,Georgia Criminal Court; December term 1932; Abandonment; 12 months;Evidence before me shows that Mr. Haynes has contributed, insofar as his financial ability would permit, to the support of his child,and I am convinced that he
will continue to do this. Also,ev1dence before me
shows that the plea of guilty was entered in-this case improvidently; Commuted December 18, 1933; Not recommended by Prison Commission.

DAN KNIGHTON: Dodge County Superior Court; May term 1933; Burglary; 6 months; On account of the fact that he escaped and was gone for two or three days, he was given an additional sentence of six months for escape,and has served since October 24, on his sentence for escape; Commuted December 18, 1933; Not recommended by Prison Commission.

HELEN DAVIS: Fulton County Superior Court; February term 1932; Perjury; 3 to 4 years; Recommended by Solicitor Jno; A. Boykin and the other defendant involved is already out; Commuted Decerr.ber 19, 1933; Not recommended by Prison Commission.

I1/'J\SHALL BRmJN: A.tlanta,Georgia Criminal Court;

424

JouRNAL or THE HousE,

November term 1933; Possessing whiskey; 4 months; Applicant has served about two months for having one pint of whiskey; Commuted December 20, 1933; Not recommended by Prison Commission.
CLARA CALLAWAY: Atlanta,Georgia. Criminal Court; April term 1929; Possessing liquor; $100.00 fine and 10 mos. suspended; the fine was paid and more than 4 years have passed since the sentence was suspended; Commuted Deceffiber 21, 1933.
A.R. Hf~ER: Fulton County Superior Court; indictment No. 40614; November term 1933; Forgery; Fine of $100.00,including cost,l2 months to be suspended on payment of fine and restitution; This _man has a wife and two small children in destitute condition,and the wife is an expectant mother. The money has been repaid to the First National Bank; Commuted December 22, 1933; Not recommended by Prison Corr@ission.
HERY.IAN GASDEN: Fulton County Superior Court; July term 1933;Burglary;2 to 4 yrs;l6 year~ old,was transferred in Sept. this year by Executive order to the training school. His record both before and since the commission of this crime indicated that he got into the commission of this crime on account of temporarily being thrown into bad company. His mother,who is a widow,is very much in need of his services; Commuted December 22, 193~ Not recommended by Prison Commission.
R.D. HARRIS: Fulton County Superior Court;Indictment # 38638; May term 1933; Burglary; 1 to 3 yea_rs; Probated by Judge Virlyn B. Moore,served with good record according to letter received from Hen. G. Allen I1addon,Chief Probation Officer. Commuted December 22, 1933. Not recommended by Prison Cammission.
GRIFFIN PE'l"l'YJOHN: Polk County Superior Court; December term 1932; Bastardy; Fine of $275.00 or serve 12 months; He was only 17 years of age when he was alleged to have committed the crime and has

TUESDAY, JANUARY 22, 1935.

425

served 6 months in the chain-gang. Reliably reported th8t there is considerable doubt of his guilt; Corrnnuted December 22, 1933; Not recommended by Prison Commission.
i'JELSON BOUC}URD: iIuscogee County Superior Court; May term 1933; Embezzlement; 12 months; Clemency recommended by the trial Judge,Sheriff,Clerk of the Superior Court,Warden and Hon. Frank Foley; Conmmted December 22, 1~33; Not recommended by Prison Commission.
J .A. I"lliliTIN: Turner County Superior Court ;September term 1920; Murder; Life; This man was given parole on Sept. 22, 1932,and it having been shown that he has been a law-abiding citizen since that time; Commuted De.cember 22, 1933; Not recommended by Prison Cormnission.
VERGIL FRAZISR: Gwinnett County Superior Court; September terrn 1933; Simple larceny; 12 rnos.State Prison FP-rrn due to fact he was subject to epileptic fits; The trial Judge states that he has already served a lot of time for the crime of which he was convicted. His wife is in destitute condition and without any relatives or friends to whom she can appeal; Corrunuted December 22, 1933; Not recom;nended by Prison Commission.
GUY LONG: I'1iller County Superior Court; April term 1931; I'1urder; Life; Clemency recor!rnended by all the trial Jurors,grand jurors,county Com:1issioners, County officials and others. Wife and child in need of his support; Commuted December 27, 1933.
T.R.(THEODORE)BERRY: Fulton County Superior Court; February term 1926; r:urder; Life; This applicant released on parole Jan. 10, 1903,and has mnde satisfactory reports for one year; Corrr;nuted December 30, 1933; Not recommended by Prison Commission.
GEORGE E. ROBBINS: Ware County Superior Court; Spring term 1929; 1'1anslaughter; 15 to 20 years; This applicant was r,r8nted a parole on July 28,1932,

426

JouJtNAL OF THE HousE,

and has therefore served about 17 months under parole with good record; Commuted December 30, 1933, Not recommended by Prison Commission.
D.F. POPE:Who was convicted in the Superior Court of Walker County at the February term 1930, of forgery and sentenced to four years,and a full pardon for him has been requested by a great many of the most up-right and out-standing citizens,business and professional men of his section and the State at large,who state that he is handicapped in providing for his family on account of not having a pardon,and stating further that they believe that his fine record as a citizen before conviction and exceptionally exemplary conduct since conviction fully warrant and demend an immediate and full pardon, carrying restoration of citizenship. And, stating thet many good citizens entertain grave doubt as to his guilt; Commuted .March 7, 1933; Not recommended by Prison Commission.
JOHN 11. NEIGHBORS: Convicted or abandonment of a minor child and given a suspended sentence of 12 months at the November term,l93l,criminal court or Atlanta,Fulton County; The minor child married the early part of this year. No good can be accomplished by this suspended sentence hanging over him when the minor child in the case is now married; Co~nut ed September 25, 1933; Not recommended by Prison Commission.
A.B. PALMER: Convicted at the May term,l930 or Superior Court of Fulton County,of the charge of rape and given 15 to 16 years and has been serving since th~t time; RecoiTmended by Hon. Jno. A. Boykin,Solici tor-General,Hon. Virlyn B. !'Ioore, and the trial Judge; Commuted September 20, 1933; Not recommended by Prison Commission.
JACK LIVINGSrroN: Convicted under indictments 32215,32212 rrnd 32214,has made satisfactory showing of good conduct as a prisoner; Clemency has been recommended by the H2rden,trial Judge,beveral of the county Commissioners, County physician and

TuESDAY, jANUARY 22, 1935.

427

other responsible citizens; Commuted September 1~ 1933; Not recommended by Prison Conwission.
BEN COUCH: Greenville,Georgia City Court; August Special term 1933; Possessing whiskey; 12 months; Clemency is strongly recommended by the trial Judge, prosecuting Solicitor and the Sheriff who states Couch prevented a jail break; Commuted January 16, 1934; Not recommended by Prison Commission.
G.~. BOOTH: Toombs County Superior Court; Murder;Life; September term 1927; This man was given parole on October 13, 1932 by Governor Russell; It having been shown by letters from several coun~y officials that he has lived a 1aw abiding life since the parole; Commuted January 17, 1934; Not recorrunended by Prison Commission.
JOHN MILLER: Polk County Superior Court; August Adj. term 1932; Murder; Life; Recommended by the Judge,oolicitor-General,County Commissioners,County officia.ls,Warden and others; Commuted January 23, 1934.
R.H.(HUEY)BAFU"ili"'TT: Gwinnett County Court; November term 1~3; I'I1sdemeanor; Six months or a fine of $25.00; Clemency is recommended by Sheriff, County physician and chairman of County Commissioners; Corrnnuted Jan. 24, 1934; Not recommended by Prison Commission.
M~JIE L. VAUGHN: Ben Hill Superior Court; April term 1931; Vel-Manslaughter; 5 to 10 years; From all the record of this case it appears that this girl was reared with very few opportunities. That she had tried to support not only herself,but to assist in maintaining the family of her father and also that of a cripple. Intimate relations developed between her and the deceased and,according to her statement,these relations existed for some time. She states that a few months prior to the killing she became pregnant,and thP,t her demands and pleadings for him to do something about it

428

JouRNAL or THE HousE,

finallY caused him to become angry. That he threatened to kill her to get her out of her trouble. This occurred while they were alone in an automobile parked on a side road. It appears from the record that she secured the pistol of the deceased tram the pocket of the automobile,and shot him in a !it ot hysteria after which she walked home,secured her !ather's pistol and attempted to commit suicide which would seem to bear out the truth of her story,both as to her condition,and the reason for the shooting. She has served nearly four years; Commuted January 25, 1934; Not recommended by Prison Commission.
WILSON EBLING: Floyd County Su~erior Court; January term 1934; Possessing liquor{plea of guilty); 6 mos. tn common jail of said cow1ty,and to serve 12 mos. in the chaingang,to pay fine of $500.00 & all costs in said case; These jail and chaingang sentences are to be probated on payment of the fine and all costs. It is ordered that these sentences be pardoned on payment ot the fine and costs-upon payment of such fine and c9sts; Commuted January 25, 1934; Not recommended by Prison Commission.
J .D .MARSHALL: Houston County Superior Court; May term 1933; Manslaughter; 1 year; It appears that the real facts in the case were that the deceased attacked applicant with a 2 x 4 scantling and that applicant shot deceased in self defense. It appears further that deceased was a heavy drinker and had threatened applicant's life. That deceased had been sent to hospital for observation, and had been released on condition that he would not drink any more. It also appears that at the Coroner's inquest that the wife of the applicant was permitted to testify,and thPt applicant was promptly acquitted by the Coroner's jury,which held that applicant had acted in self defense. Irmnediately upon conviction he reported volill1tarily to the State Farm at l11lledgev1lle,and has made a model prisoner since that tir.:e; Cormnuted January 2~ 1934; Not recomBended by Prison Corr@ission.

TuESDAY, jANUARY 22, 1935.

429

J.G. COGGINS: Cobb County Superior Court; July term 1933; Shooting at another; 1 to 4 years; Clemency reco1mnended by the trial Judge and three deputy sheriffs who were the prosecutors.and the parties shot at; Commuted Jan. 3, 1934.
LEE FOWLER: Franklin County Superior Court;August term 1928; Murder; Life; This man has served since October 13, 1928. He has good prison record according to Warden; Cormnuted January 9, 1934;Not recommended by Prison CoHrrnissi on.
SIDNEY LJlJ-1PP: Johnson County Superior Court;September term 1926; l'Ianslaug-,hter; 20 years; This man h8s been serving under pr:role since July 28, 1932, It has been shown that he has been law-abiding citizen since that time; Conrrnuted January 11,1934.
OSclR(L.O. )GIBSON: Rabun County tluperior Court; Spring term 1924;l'1urder; Life; Clemency is recommended for this applicant by the trial Judge and the widow of the deceased;Cow.muted January 12,1934; Not recomrr1ended by Prison Commission.
REUBEN ALLEN: Floyd County Superior Court; January term 1933; Possessing liquor; 12 months on Chaingang and 6 months in jail. Sentences suspended on payment of fine of $50.00 and costs amounting to $93.05 all of which has been paid; Petitioner was subsequently charged with carrying a pistol and was tried by a jury and acquitted,but is being held in jail under revocation of probation order growing out of the charge of carrying a pistol;Commuted Janm.ry 26,1934. Not recommended by Prison Commission.
E.L.VJORTHAM: Paulding County Superior Court; Spring term 1931; Val-Manslaughter; 3 to 5 years; This man was paroled on March 30, 1933 and has made satisfactory reports tr...ru December,l933; Commuted Janu2ry 30, 1934; Not recommended by Prison Commission.
FRANK TYRE: Wayne County Superior Court; April

430

JouRNAL OF THE HousE,

term 1927; Vel-manslaughter; 18 to 20 years; This applicant was gre.nted parole on December 15,1932, and it having been satisfactorily shown that he has lived a law abiding life since that time; Commuted January 30, 1934.
J.M. WILSON(White); Lamar County Superior Court; ~Brch term 1932; assault to Murder; 5 to 10 years and convicted at the April term,l933 of the Superior Court of Bibb County of the crime of robbery and sentenced to 3 years; J.M. Wilson has served since march 16, 1932,which is almost two years. He was only 19 years of age,and the records show that he comes of an excellent family. Further confinement in the penitentiary at his age would probably be more detrimental than beneficial. Should the said J.M. Wilson make regular reports and conduct himself in a satisfactory manner for a period of 12 months from this date,then this pardon shall be of full force.Otherwise this pardon will be null and void; Commuted Febru2.ry 1, 1934; Not recommended by Prison Commission.
I.H. CARTER: Richmond County Superior Court; term 1931; Ma.nsl8ughter; 4 to 9 years; Clemency is recommended by the Solicitor-General,Sheriff and by other responsible people of the county where the homicide occurred; Commuted February 2, 1934; Not rec~Ended by Prison CoiT~ission.
B.E. BASS: Wayne County Superior Court; November term 1932; Embezzlement; 2 to 4 years; Good prison record, extremely poor physical condition,and recommended by the County Physician; Commuted February 3, 1934.
FRED R. COWART: Miller County Superior Court; April term 1925; Mayhem; Life; This applicant was given parole on May 12, 1930, and it having been shown that he lived a law abiding life and made good reports during his parole; Commuted February 3, 1934.
BOB WEBB: Gwinnett County Superior Court; Sept.

TGESDAY, }ANIJARY 22, 1935.

431

Adj. term 1932; Seduction; 2 years; Clemency is recommended by all of the trial jurors and by the wa~ den and County Commissioners,and applicant has .a wife and two small children dependent on him for suDport. Commuted Febru2ry 8, 1934.
RUSSELL REESE: Hall County Superior Court; July term 1932; Burglary; l to 2 years; Clemency is recommended by the trial Judge,Prosecutor,Warden and others; Commuted February 8, 1934.
WcR.VIN CiJ..LAWAY: Fulton County t>uperior Court; March term 1920; Murder; Life; This man was granted parole on Sept. 30, 1930, and it having been shown that he has made all reports and lived a law abiding life since that time; Commuted February 13, 1934.
PALMER LP~IER: Bulloch County Superior Court; May term 1931, April term 1932; Assault to murder; 2 to 3 years and 2 years; Cler,1ency is recommended by all of the trial jurors, trial Judge, ~~ardens under whom he has served; Corrnnuted February 13, 1934.
J.:M.S.GFlliEN: Tift County Superior Court; July term 1921; Murder; Life; This applicant was paroled on13th,day of November l930,and it having been shown that he has lived a law abiding life pardon is hereby granted; Commuted February 13, 1934.
PI~~ QUINN: Cook County Superior Court; December Adj. term 1931; Assault & Battery; 12 months in 4 consecutive cases; 0erved with good prison record from Dec. 31, l93l,until June 9, l932,when he was probated,and his record since tha.t time has been good; Commuted February 13, 1934.
T.H. PIBRCE: Cmnpbell County Superior Court; August term 1929; Assault to murder; 4 to 7 years; This rri.an was granted parole on January 27, l933,and the reports subnitted by him have been satisfactory; Commuted Febnwry 13, 1934.

432

JouRNAL OF THE HousE,

LEMM HAMMOND: Franklin County Superior Court; March term 1933; Hog Stealing; 2 to 3 years; The Solicitor-General trying this case states that he has served one year of his sentence and was in jail about 14 months before conviction, and that this defendant was given only 12 months by the jury,and recommends clemency; This is concurred in by the trial Judge and the Sheriff; Commuted February 14, 1934; Not recommended by Prison Commission.
TOI1 ANDERSON: Chattooga County Superior Court; December term 1932; Assault to Murder; 2 to 3 years; According to the record this applicant was guilty of stabbing instead of assault to murder. The man who was stabbed was never confined to his room on account of it; Commuted February 16, 1934; Not recommended by Prison Commission.
EZELL WATKINS: Jasper County Superior Court; August term 1933; Mfg.,liquor; pay a fine of $10.00 and 12months probation; On December 4, 1933,above prisoner was probated by the trial Judge. His family lives in Atlanta and are in dependent condition. He is unable to come to Atlanta on account of the probated sentence; Commuted February 19, 1934; Not recommended by Prison Commission.
J.G. THOMPSON: Terrell County Superior Court; November term 1932; Embezzlement; 2 to 3 years; Clemency is recommended for him by trial Jurors, County co~nissioners,and a very large number of citizens who are residents of Shellman and Randolph and Terrell County Communities who are familiar with the facts and circumstances of the case and by parties who were losers in the failure of the bank;Commuted February 19, 1934.
HARLAN CHAPMAN,alias JOE SMILEY: Tattnall County Superior Court; April term 1933; Murder; 1 year in penitentiary; Alfred Reddish,20 years of age,of Tattnall County,Georgia,was killed 47 yrs. ago by a boy named Joe Smiley, several years younger than Reddish. Under the facts the deceased aggravated the Smiley boy to commit the crime by vile language

TUESDAY, jANUARY 22, 1935.

433

used to him. Smiley escaped and 45 years later a man was arrested in Kentucky and charged with being the Joe Smiley who committed the crime,he being convictedand given one year. Circumstantial evidence and direct evidence in the case was very conflicting-so that it is easy to reach the conclusion that the man arrested as Joe Smiley is not the man wanted. The fact that when tried he only received a sentence of one year for the crime shows beyond question either that the jury were extremely doubtful of his being the right man or else they thought the homicide justifiable. It is probable that both of these influenced their judgement. Commuted February 27, 1934; Not recoillQended by Prison Commission.
CARL BARNES: Gwinnett County Superior Cotrr't; September term 1933; Stabbing; $25.00 fine or 6 months; Clemency is recommended by the Sheriff of Gw1nnett County,L.J. Phillips,Warden,and by anumber of citizens; Commuted Feb. 28, 1934; Not recommended by Prison Commission;
HAROLD GANN: Fulton County Superior Court;March term 1931; Burglary; 5 to 7 years in 9 cases,and 2 to 5 years in 4 cases; Above prisoner was paroled on September 29, 1932,and reports show that he has complied with conditions of the parole,and that he has demeaned himself in a proper and satisfactory manner; Commuted February 28, 1934.
ALBERT MILLER:Fulton Co.,Superior Court;November term 1931; I1urder; Life; Defendant was convicted on evidence very conflicting,and which would have authorized the jury either to convict or to acquit According to the evidence of two police officers, and a large number of reliable business people in Atlanta who knew both negroes, the deceased has a bad reputation,while the same people testify to the good character of the applicant. Acting on the evidence of reliable white people who have known applicant all his life,and who also knew the deceased,and who are anxious for applicant to regain his freedom; Commuted March 1, 1934; Not recommend-

434

JouRNAL or THE HousE,

ed by Prison Commission. A.W.BURSON: Walton County Superior Court;Febru-
ary term 1933; Misdemeanor; 12 months; This prisoner has served a little more thP.n 12 mos. on a 12 mos. sentence. Hawever,he was an escape for about 3 ~onths of that time. On representation made by reliable citizens who know the f2~ily concerned in this case, I feel warranted in extending clemency at this time. IT IS FURTHER PRCVIDCD, on representation,that if the said A.W.Burson is able to obtain employment outside the bounds of this State,that he is not required to remain in the State during the terra of this prob~tion; Co~~uted !'larch 5, 1934; Not recommended by the Prison Commission.
H.E.PfJD\S: Dawson County Superior Court; Vo1manslaur.,hter; March term 1925; 12 to 14 years; Clemency is recommended by a number of the leading citizens of Dawsonvi1le,including Hon. G.O. Hughes, Tax Co1lector,Hon. H. Palmour, Representative from Dawson County and Hon. J.R. Taturn,County School Supt. Commuted March 7, 1934.
D.F.POPE: On the 7th day of March le33,pardon was granted to D.F.Pope in which it was stated that D.F. Pope was convicted of the offense of forgery, it now appears this was in error and that the count on which he was convicted was uttering a forgery. Was paroled by Governor R.B. Russell, Jr. Jan. 9, 1933, A full pardon for him has been requested by a great many of the most up-right and outstanding citizens,business and professional men of his section and the State at large,who state that he is handicapped in providing for his family on account of not having a pardon. A good many good citizens entertain grave doubt as to his guilt; Commuted March 17, 1934; Not recommended by Prison Commission.
ALBERT T. WHEELESS: Lamar & Bibb Counties Superior Court; March 1932; & April 1933; 1932-Assault with intent to murder & 1933-Bibb County Robbery;

TUESDAY, jANUARY 22, 1935.

435

!) to 10 yrs. and 3 yrs; This boy committed this crime together with J.M. Wilson,who was given condition pardon on Feb. 1, 1934. Both these boys were about 19 yrs. of age and are from good families at College Park,Georgia.service was begun on I1arch 16, 1932, by this applicant so thPt he has actually made two yrs. for these crimes,and he is now 21 yrs. of age. And,it is reasonable to suppose that if penal servitude will correct him that he should be given a new chance at this time before serving too long in the chainp;ang; Commuted I1arch 14,1934; Not recommended by Prison Commission.
FRANK MILLER: Treutlen County Superior Court; February term 1928; Murder; Life imprisonment;Clemency is recommended by M.O. Scroggins,R.J.Denson, Commissioners of Heads and Revenues of Banks Co., where defendant has served a part of his time,by Supt. of the Prison and about four guards and J.S. Jolley,County physician. Also b:>' 11 of the . trial jurors,the 12th being dead,W.H. Compton Commissioner of Roads and Revenues, Madison County S.r-1. McLatn,Warden Madison County A.J. Griffith, County Physician and 7 guards; about 75 citizens of Treutlen County who state that the evidence upon which the defendant was convicted was doubtful and not worthy of belief; Commuted 1'1arch 21, 1934; Not recommended by Prison Cor.@ission.
C.R.HEWITT: Wayne County Superior Court;October term 1933; Giving Check without sufficient Funds; 6 months; From the recordssubmitted in this case, which include bank statement and letter frora the bank,it is apparent thc:t this defendant should never have been convicted. He had a balance to his credit in the bank of :::;21.00 to meet the $15.00 check given. Before the $15.00 check was presented at the bank a fvrged check for $6.90 was paid. and charged to his account,wl1ich did not leave suffi-
cient funds to pay the ~:15 .oo check. The bank after
~xamination and investigation aclmowledged tha.t the ~6.90 was a forgery and gave the defendant credit for it. This certainly illustrates the.t there was no intention to give a. fraudulent checK. The whole

436

JouRNAL OF THE HousE,

fault was clearly in the bank cashing a forged check and charging it to defendant's account; Commuted March 22, 1934; Not recommended by Prison Commission.
T.L. JACKSON: White County Superior Court;october term 1933; Plea of Misdemeanor; 12 months State Farm; Clemency recommended by Hon. J.B.R. Barrett, Representative,Hon. Hugh K. Phillips,County Physician,Lat Vandiver,Sheriff and a great many responsible citizens and county officers of White County; Commuted March 29, 1934; Not recommended by Prison Commission.
ROBERT W. DURDEN: Glynn County Superior Court; Fall term 1925; Forgery with recommendation to m1sdemeanor; 12 months or $700.00; He was granted 6bmmutation to present service on Sept. 15,1925. Conduct has been exemplary since he was probated; Commuted April 4, 1934.
EDDIE HOLLOWAY: Meriwether County Superior Court; February term 1928; Vel-manslaughter; 15 to 20 years; Has been serving under parole since October, 1932. Investigations made by the Prison Commission show that his reports have been in order and pardon is hereby granted; Commuted April 4, 1934;
MRS JOHN TURNER and ELIZABETH TURNER: Floyd County Superior Court; April term 1933;Larceny of auto; 3 to 5 years; 1 year; Clemency is recommended by Hon. W.B. Mebane,Rome,Ga. J.E.Smith,Warden Female Camp,State Prison Farm; Commuted April 7,1934; Not recommended by Prison Commission.
JOHN PUSTELL: Greenville City Court; July term 1933; Possessing intoxicating liquor; 12 months; Clemency is recommended by a number of county officers and other prominent citizens,and trial Judge; Commuted April 6, 1934.
JOHN BENEFIELD: Muscogee County Superior Court;
February term 1931; Robbery & Misdemeanor; 4 years
and 12 months. The above named prisoner was grante

TuESDAY, jANUARY 22, 1935.

437

a parole on August 11, 1932 and during his term or parole,reports rendered to the Prison Commission show that he has complied with the conditions of the parole and that he has demeaned himself in a proper and satisfactory manner; Commuted April 5, 1934
. CAESAR JONES: Miller County Superior Court; October term 1932; Larceny; 2 years; Clemency 1s recommended by all of the trial jurors,Chief of Police,Sheriff,Ex-Sheriff,former Solicitor of the City Court,who tried the case and Hon.R.W. Bush,Representative; Commuted April 4, 1934; Not recommended by Prison Commission. AL BRIGHTWELL:(Colored) Clarke County Superior Court; January term 1934; Burglary; 3 to 5 years; Clemency is recommended by the Warden,Guards of Jasper County Convict Camp. Clemency is recommended by a number of citizens of Oglethorpe County where the negro lived; Commuted April 9, 1934; Not recommended by Prison Commission. RUFUS CP.RTER: Floyd County Superior Court;July term 1933; Possessing liquor; Fine of $300.00 and 12 mos. in chaingang and 6 mos. in jail; Clemency is recommended by warden under whom he has served, and by Hon. W.B. Mebane,of Rome,Ga; Commuted April 12, 1934; Not recommended by Prison Commission. B.J. JONES: Stewart County Superior Court;October term 1932; Burglary; 1 yr. and 10 years to follow; Clemency recommended by the trial Judge,Solicitor-General,all of the trial jurors,Warden and others; Commuted April 13, 1834. GEORGE DURHAM: Baker County Superior Court; July term 1930; Cattle stealing; 12 months or $750. 00 fine-the fine was paid; The Solicitor General states that the evidence on which he was convicted was questionable; Commuted April 19, 1934; Not recorr:mended by Prison Commission. EDWARD BATES: Spalding County Superior Court; November term 1932; Murder; Life; Clemency is recornr

438

JouRNAL oF THE HousE,

mended for him by trial Jurors,officia.ls,Sheriff and a nuwber of reputable citizens; Commuted April 20, 1934.

LtLft~D HARVEY: Was under sentence for one hundred and twenty-five years,as follows: 4 cases Fulton Superior Court,larceny of auto,5 years in each case, making a total of 20 yrs; 1 case Bibb Superior Court,larceny of auto,5 years; 5 cases Bibb Superior Court,robbery,20 years in each case, making a total of 100 yrs; and on !'lay 24, 1933,by Executive Order he was pardoned as to the 5 cases of robbery,Bibb Superior Court,carrying cumulative sentence of 100 yrs; and since thBt time he has served with good prison record; it is now that he be pardoned of the four cases for larceny of auto; Fulton Superior Court,and 1 case in Bibb Superior Court for larceny of auto; Commuted April 20,1934; Not recommended by Prison Commission.

AG~REY SMITH: Convicted in the December Term,

1928,Fulton Superior Court of Larceny of auto and

given 5 yrs; in April 1929,Bibb Superior Court,

convicted in 11 cases and sentenced to 145 yrs. in

the State Penitentiary,making a total of 150 years;

the charges and sentences against him in Bibb Sup-

erior Court and number of cases are as follows:

#97,No,re:mber terrn,l92l,Burglary

20 Yrs.

139,November term,l923,Larceny of Auto

5 Yrs.

16l,November terrn,l923,Larceny of Auto

5 Yrs.

7l,April term,l924,Larceny of Auto

5 Yrs.

74,April term,l924,Larceny of Auto

5 Yrs.

66l,November term,l928,Larceny of Auto

5 Yrs.

803,April term,l929,Robbery

20 Yrs.

804,April term,l929,Robbery

20 Yrs.

805,April term,l929,Robbery

20 Yrs.

806,April term,l929,Robbery

20 Yrs.

807,April term,l929,Robbery

20 Yrs.

Commuted April 20, 1934; Not recommended by Prison

Corrunission.

J.M. L-~~D: Muscogee County Superior Court; August term 1931; Vol-!'1anslaughter; 3 to 4 years; HaVing made good record since Sept. 8, 193l,was

TUESDAY, jANUARY 22, 1935.

439

paroled on April 28,1933,and since that time his conduct has been good; Commuted April 21,1934; Not reqommended by Prison Commission.

ARTHUR McBRAYER: Forsyth County Superior Court; March term 1933; Larceny; 12 months;Clemency recommended by Clerk of the Court,the Warden,9 trial jurors and prosecutor and a large number of reputable citizens. Considerable doubt about his guilt, appears likely he was trying to shield a brother; Commuted April 25, 1934; Not recommended by Prison Commission.

FLONNIE MCKENZIE: Floyd County Superior Court;

October term 1933; Possessing liquor; 12 months in

S 4

tate mos.

Farm and 6 months in State Farm a

f

in ine

j

ai of

l

~1 2a5n0d.00a

fter &c

serv osts;

i

n

g

Deputy Sheriff, Ben McCallum of Floyd County recom-

mends the.t this prisoner be released from custody

and allowed to go to her home in Chattanooga,Tenn;

Commuted April 25, 1934; Not recommended by Prison

Commission.



MRS. T.E. HILLIA1'1S: Atlanta,Georgia Criminal Court; December term 1933; Cheating & Swindling Under case No. 13-707-Docket No. 121094; 12 mos. State Farm; This applicant's sentence was probated and in addition to the usual probation provisions, it was provided in the order that she was to pay $5.00 twice a month until the amount of $75.00 had been paid as restitution. This last provlsion being illegal,and having the affect of collecting a debt by criminal proceedings; Commuted April 27, 1934; Not reconnnended by Prison Commission.
w. ~~o. TDm~ER: Long County Superior Court;
March term lffi2; Burglary; 3 to 7 :y'ears; Clemency is reco~~ended by Hon. J. Saxon Daniel,trial Judge by the Supt. of the State Farm, the Warden of State Farm,by persons who were the victims of the burglary and by Hon. Jos. Grice,Solicitor-Genera.l; Commuted April 28, lffi4.

JOHN STONE FOHLER: Cobb County Superior Court;

440

JouRNAL or THE HousE,

March terrn 1931; Assault to IIurder; 2 to 10 yrs. and 2 to 10 yrs; Good prison record. Paroled July 28, 1933; Corrmmted !'lay 2, 1934; Not recommended py Prison Commission.

MAURICE ROOKS: Miller County Superior Court;

April term 1930; Vol-Manslnughter; 10 to 20 years;

Clemency is recommended by Hon. M.J. Yeomans,

Attorney-General, who tried the case; Corrnnuted May

3, 1934.

.

MRS. MP..RTHA JOHNS: Fulton County Superior Court; July term 1925; IIanslaughter; 10 to 20 years ;This party was gra.nted parole on May 8, 1933 ,and during this time she has complied with the conditions of the parole <md has demeaned herself in a proper and satisfactory manner; Conmmted nay 9, 1934.

JOHN HORTON: Chattooga County Superior Court; February term 1934; Larceny of plow tools; 8 months or $200.00; Pardon is reconnnended by a great many of the most prominent citizens of Chattooga County, where the crime was allet.'d to have been cornrnitted, also Polk County wl1ere nr. Horton is well known; Comr.mted .May 9, 1934;l'Jot reconunended by Prison
Cor~r:ission.
E.E.ELLIS: Fulton County Superior Court; May term 1932; Embezzlement; 3 to 5 yrs; This prisoner was paroled on the 16th day of December,l933,and during this time ho.s complied with the conditions of the parole and demeaned himself in a proper and satisfactory mBnner; Co~~uted May 10, 1934.

W.C.(CLOHER)THOMPSOH: DeKalb County Superior Court; l'Iur der Life; IIarch term 1921; Granted parole on Janu8ry 5, 1933, and it having been shown that he hPs lived a law abiding life since that time; Cor:<.rr.uted I1ay 10, 1934.

FR!J'JK Df..RDU<, alias JERRY F. DARDbN,alias PAT NORRI00N,alias RAYliOND H. FOSTER: Fulton County Superior Court; September term 1930; Forgery 4 to 6 years l3 concurrent cases); Good prison record 8TI-::1 good previous record as shown by a large number

TUESDAY, jANUARY 22, 1935.

441

of affidavits of citizens of the State of Indiana. Affidavits in file from citizens of Indiana,his former home,and statement from applicant appears in file stating that he wishes to return to his home in Indiana,and we, therefore,recomrnend that he be p8.rdoned; Commuted May 11, 1934.

LOYD WILSON: Gwinnett County Superior Court;

December fine and

term 1933; 12 months;

Assault and Clemency is

rbeacottmemrye;nd$ed35b.oyow.

R. Huest,Chairman County Commissioners,Prosecutor,

Sheriff and other reputable citizens of that county;

Commuted May 11, 1934; Not reco~~ended by Prison

Cormnission.

EDWARD PARTRIDGE: Lamar County Superior Court; Fall term 1929; Robbery; Sentenced 6 years; Paroled on the 13th day of March l933,and it having been shown that he has lived a law-abiding life since that time; Commuted May 14, 1934.

DENVER SPOONT<J{ and JOSEPH SPOONER: Seminole County Superior Court; During term 1930; Plea of guilty Simple larceny 'Nhich involved taking of 5 gal. of gasoline; Fine of $30.00 eacl1 including court costs or six months. Fine was paid; Clemency is recommended by F.E .str1 clcl8nd, Gordon Spooner and Henry o. Cummings,the prosecutor.All of Donalsonville,Ga; Corr.muted r1ay 18, 1934; Hot recommended by Prison Commission.

HSNRY R. HILTON: Fulton County Superior Court; February term 1920; lc.rceny auto; 2 to 5 years; recorrnnended by trial Judge; Solicitor-General; Prob8tion Officer Fulton County account poor physical Condition; commuted !Iay 21, 1934; IJot recommended by Prison Comrnission.

FED(W.C.)DOLLJ'.R: Fulton and DeKalb Counties 0uperior Court; January term October 25 ,Special 1926; burglary and larceny of auto; 10 to 15 years and 1 year; recoffiillended by the trial Judge,Solicitor-General,foreman and members of the trial Jury in first case,and by trial Judge and young lady

442

JouRNAL oF THE HousE,

whose car was stolen in the second case; warden and others; Pardon granted to second ccse,pa.roled to first case; commuted May 23, 1934.
GORDON MILLER: Polk County Superior Court;August term 1932; murder; life; good prison record,poor physical condition; recommended by Judge, SolicitorGeneral; County and City Officials and others;commuted :t-1ay 29, 1934.
ANDY HIGGINS: Milton County Superior Court;August term 1926; murder; life; On May 2, l933,parole was granted this applicant, he has m8de good record under parole; corrnnuted June 7, 1934; not recommended by Prison Commission.
LUTHER BOWEN: Catoosa County Superior Court; November term 1932; involuntary-manslaughter; 1 year; has served great portion of sentence with good prison record,about three-fourths of the time, and because of strong conflict in the evidence as to whether he was driving recklessly and under the influence of liquor,it seems that justice required the granting of a pardon; commuted June 8, 1934; not recommended by Prison Commission.
O.B. SNOW: Fulton County Superior Court; l'Iay term 1932,attempt to rape; 2 to 3 years; he has completed minimum sentence with good prison record; poor physical condition; reccrnmended by officials under whom he served; commuted June 14, 1934.
EARL MOOREFIELD: Muscogee County Superior Court; March term 1928; misdemeanor; car breaking; 12 . months; under suspended sentence since July 5,1928 and has been offered position ot trust that he cannot accept until his citizenship has been restored in order ths.t he may make a fidel! ty bond, and his record has been good during the time he has been under suspended sentence; commuted June 27, 1934.
C.G.RAWLINGS: Johnson County Superior Court; March term 1925; murder; life; For reasons stated

TUESDAY, jANUARY 22, 1935.

443

by Prison Commission in their order of March 31, 1932; recommending parole for C.G.Rawlings; he has made excellent record since his release on Parole I)ecember 23, 1932; advanced age and bad physical condition; Recommendation made by Prison Commission Dated March 10, 1934; commuted June 15, 1934.

R.T.BOLTON: Seminole County Superior Court;April term 1931; embezzlement; 2 to 3 years; was granted a parole on February 28, 1933; reports from Prison Commission shovv th2,t he has lived a law abiding life and :ma.de good reports under said parole since; commuted July 9, 1934:

W.B.FLOWERS: Fulton County Superior Court,June term 1933; forgery; 3 to 7 years; recomrnended by trial Judge:Warden and a number of other responsible cit1zens.Solicitor General does not oppose; commuted July 20, 1934.

BE:f\J1'HE NEY.IHJlJL: october term 1932;

mDiosudgehmeertaynoCros(u2ntycoSuunptseriinor1Ccoausret~

35 months; good prison record; recommended by the

Judge; commuted July 23, 1934.

JI1'I1'1IE BERRY: Floyd County Superior Court; J2.nuary term 1933; larceny auto; two one year sentences; recommended by former employers,sever8l hundred citizens of Floyd County,Solicitor General,Capt. Rome police force; corr.muted Au[~st 1, 1934;Prison Comrnission does not recow~end.

V.o. DOZIER: Lee County Superior Cm,rrt; ,J;onuary
term 1933; assault to murder,2 to 3 years; recorr.mended by trial Judge,county officials and a nunber of other responsible citizens; poor physical ccndition; commuted August 9, 1934-.

DEV.lEY CLEiill~TS; Union County Sur;erior '-'Cnr1.; April term 1934; larceny 12 mor.ths; recornJ:~endcd ::::.:: (;ri [' 1 Juclr;e; youth of boy; commuted ""ur:ust 10, E!.-4. Prison Cormnission does not reco:nr end.

HILL HOOD: Hilkinson County Superior Comt ;3;-rir:,-

444

JouRNAL oF THE HousE,

term 1929; assault to murder; 5 to 10 years; recommended by trial Judge and a number of citizens of Wilkinson County; County officials and others;commuted August 10, 1934.
w.B .HESLE.Y: Clayton County Superior Court; l'lay
term; 1933; involuntary-manslaughter; 1 yr; good
record; recommended by trial Judge,Solicitor-General,Mayor and Councilmen of .Tonesboro,Sheriff ,Warden and County Commissioners;commuted August 13, 1934.
AARON HALE: Fulton County Superior Court;May term 1932; robbery,lsrceny of auto and misdemeanor; clemency recommended by party whose auto was taken; trial Judge nor the Solicitor General oppose; commuted August 17, 1934.
CHJ\.8. A CANNON: Newton County Superior Court; Janus.ry term 1932; embezzlement; 2 to 3 years; good prison record; commuted i>.ugust 22, 1934.
C.I. MCLLNDON: Seminole County Superior Court; June term 1927; murder; 10 to 20 years; parole was granted July 7, 1933 and he has demeaned himself in proper manner; commuted August 27, 1934.
J.E.ALLEN: Fulton County Superior Court;September term 1931; robbery; 4 years; given parole on April 29, 1933 and has demeaned himself in proper manner; commuted ceptember 19, 1934.
RUSSELL BAILEY: Newnan Georgia City Court; July term 1934; violating prohibition law; 4 months; recommended by Judge and Solicitor of City Court; commuted September 19, 1934.
W.A.L'rER E. MAYFIELD: Fulton County Superior Court; June term 1926; abandonment of child; 8 months; recommended by trial Judge and Probation Officer,cornmuted September 28, 1934. Not recommended by Prison Commission.
}illSKELL WOOD: Buford,Georgia,City Court;August term 1934; misdemeanor; sentenced to 15 months;

TUESDAY, JANUARY 22, 1935.

445

recommended by a hundred or more citizens and County School Suptt; commuted October 5, 1934. Not recommended by the Prison Commission.
J .K. G.Al'fr10N: Atlanta, Georgia Criminal Court; June term 1934; abandonment; 12 months; recommended by Rev. B.C. Kerr,pastor of Oakland City Methodist Church and Mr. Frank Carroll of Decatur; commuted October 9, 1934; not recommended by Prison Cammis~ sion.
C.W.ASKEW: Atlanta Criminal Court; December term 1933; operating auto while drunk; $100.00 or 12 months; good previous record and recommended by a number of responsible citizens; commuted October 10, 1934.
JOE FOWLER: Hart County Superior Court; October term 1922; larceny or auto; 3 to 5 years; recommended by the Solicitor-General,Ordinary; and a number of responsible citizens of Florida; good record; commuted October 11,1934; not recommended by Prison Commission.
MOSES,MARCELLUS AND STEPHENS DARDEN: Bartow County Superior Court; Stephens Darden-May Special 1929,Moses and Marcellus-July term 1930; murder; life; recommended by wardens and other officials; previous record good also; commuted October 10, 1934; not recommended by Prison Commission.
FED(W.C.) DOLLAR: Fulton and DeKalb Superior Court; January ~erm 1925 and October Special 1926; burglary and larceny of auto; 10 to 15 years and 1 year; good record since being paroled; leaving state to secure work; commuted October 15, 1934; not recommended by Prison Commission.
SAMMY MANN: Toombs Superior Court; November term 1933; voluntary-manslaughter; 1 to 3 years; youth of applicant,recommended by all trial jurors,by the Suptt. and Warden at State Farm and is not opposed by trial Judge and Solicitor-General; Commuted October 16, 1934.

446

JouRNAL or THE HousE,

ALLEN DAY: Colquitt County City Court; November term 1931; possessing liquor; $50.00 and 12 months suspended; good conduct during time his sentence was suspended; recom~ended for him by County Commissioners; conunuted October 23, 1934.
BARNEY MCGROTHER: Colquitt County,City Court; May term 1932; misdemeanor; 6 months or $50.00; recommended by County Co@nissioners; commuted October 23, 1934.
EUGENE GARDNER: Jackson County Superio~ Court; t~ugust term 1933; attempt to poison another; 2 years; recommended by a number substantial citizens of Jackson County; com~uted October 25, 1934; not reconmended by the Prison Commission.
THOMAS J. WRIGHT,alias EDDIE DAVIS: Tattnall County Superior Court; October term 1927; robbery; 4 to 5 years, and convicted in Meriwether Superior Court, 1930 term, of robbery,sentenced to 15 to 20 yea:ts; recommended by Judge J. T. Grice, Judge J. Saxton Daniel and others; commuted October 25,1934 not recommended by the Prison Corrmission.
SILVEY MULKEY: Cobb County Superior Court; June term 1934; public drunkenness; 8 months; recommended by Judge J.H. Hawkins,a member of City Council of Marietta,good prison record; commuted November 3, 1934; not reconmended b;. the Prison Corrn:nission.
L.C.(CH.4.RLIE)HAMILTON: Gwinnett County Superior Court; March term 1929; murder; life'; parole granted October 19, 1933, and applicant has lived up to his parole; recommended by Mrs. F.B. Rylle,wife of the man who was killed; ex-sheriff; Clerk of Superior Court; Sheriff and others; commuted November 10, 1934; not recon~ended by Prison Commission.
WESU'.Y HARRIS: Fulton County; May term 1 %3; larceny of auto(seven cases); 1 to 5 years in seven cases to run concurrently; recommended by trial Judge; warden; motl1er and family dependent on him for support; commuted November 14, 1934; Not recom-

TuESDAY, jANUARY 22, 1935.

447

mended by the Prison Commission. JOHN THORNTON: Stewart County Superior Court,
April term 1934; having whiskey; 12 months; poor physical condition; recommended by Sheriff,Clerk of Court,Warden and large number of citizens; commuted November 14, 1934; not recommended by the Prison Commission.
ED CALLOWAY: 1.-Jorth County Superior Court; April term 1919; murder; life imprisonment; recommended by Solicitor-General and large number of citizens; commuted November 15, 1934.
B.J. MCGEHEE: Talbot County Superior Court; ~eptember term 1930; burglary; 5 to 10 years; parole was granted October 25, 1932,and applicant has carried out rules of parole; commuted November 17, 1934. Not recomnended by Prison Commission.
B.H. LOFLIN: Fulton County Superior Court;Spring term 1933; forgery; 3 years; excellent record since paroled November,l933; recommended by Sheriff; Hughs Spalding; Clerk of Superior Court; City Court Atlantal Criminal Court Atlanta,and chief of police Fulton ~ounty and others; commuted October 25, 1934.
JERRY W. FARLOW: Polk County Superior Court; August term 1914; assault to Iml.rder; 10 years; a man by name of Knight was convicted at same time on statement of Fa.rlow,as they were jointly engaged in the robbery; after serving 5i months,Farlow escaped and put back on chaingang November 1933, The trial Judge states that without Farlowts evidence Knight, who was principal offender,could not have been convicted; he states that Farlow came clean after the whole matter and has kindly feelings toward him and hopes he can be given an opportunity to make good; commuted October 25, 1934; Not recommended by the Prison Commission.
MARY SMITH: Fulton County Superior Court,December term 1921; murder life; good prison record; recommended by Warden and party to whom she was

448

JouRNAL oF THE HousE,

paroled; poor physical condition; cor;rrnuted November 28, 1934.
ROY BROOKS: Wheeler County Superior Court; October Adjourned Term 1933; invol-manslaughter; 2 to 3 years; recowmended by a nuniller of county officials> Representative in Legislature,the warden and guards; cormnuted November 28, 1934; not recommended by the Prison Commission.
C.N. VOYLES: Atlanta Criminal Court; April term 1934; stabbing; 12 months; good record since he has been in the chain gang,having served since April 18, 1934,on a 12 months sentence. His time is practically out; Co~nuted December 11, 1934; Not recommended by the Prison Commission.
THOr.iAS B. BLJ\KE: Fulton County Superior Court; September term 1928; murder; life; conditional pardon was granted B. Blake October 10,1933; J.A. O'Neal of the ExpositiorrCotton Mill states that he has been a good worker and conducted himself as a gentleman; H.C. Simmons,Record Clerk of the County Commission shews that good record has been made during the last 12 months; Commuted December 12th; 1934; Not recommended by the Prison Commission.
JOHN D. STUCK~: Dodge County Superior Court; November term 1931; murder; life; good record; recommended by jurors,county officials and Solicitor-General; Conmuted December 12, 1934.
TOM DISPAIN: Gwinnett County Superior Court, March term 1934; stealing; 12 months; youth of applicant; served with good record and clemency is reconnnended by Warden,Board of County Commissioners, and a number of citizens; commuted November 10, 1934; Not recommended by the Prison Commission.
H.B.BUCHANAN: Carrollton,Georgia,City Court; June term 1934; abandonment; serve 12 months in chain gang; recommended by Judge City Court Carrollton and by wife who was prosecutor; Ordinary says

TuESDAY, JANUARY 22, 1935.

449

he will see th8t he supports family; commuted December 13, 1934; not recommended by the Prison Commission.
LOYD BARTON: Clark County Superior Court; October term 1931; larceny of auto and burglary; 2 to 3 years and 10 years concurrent; the Judge who tried the case and Solicitor Genera.l.who tried case do not oppose clemency; good record; commuted December 13, 1934; not recormnended by Prison Commission.
GEORGE WOODSON: DeKalb County Superior Court; January term 1930; rape; 3 to 10 years; was paroled August 5, 1932 and he has carried out rules of the . parole; commuted November 28, 1934.
JOHN vJILL NEELY: Troup County Superior Court; November term 1932; assault to murder; 4 to 8 years; was given parole December 20, 1933 on the recommendation of the trial Judge,Solicitor General and a large number of citizens of Troup County; has lived up to rules of parole; commuted December 20, 1934. Not recommended by Prison Commission.
J .11.1"1. rl'O~.NSJ::ND: Marion County Superior Court, April term 1934; using opporbious words; 12 months; excellent previous record,Judge V.D. Moore attests to his good character; commuted December 21,1934. Not recownended by Prison CorJmission.
JPJ"IES NIX, vJILLI.hli LOGG H~S J~JJD M..CNZO CW~STAIN: ~hite County Superior Court,October term 1934, simple larceny; 12 months; trial Judge recommends pardon as well prosec~tor and a nwnber of citizens; conmmted December 21, 1934; Not recorriDlended by the Prison Commission.
MRS. SHIRLEY T. HUDSOI~: Fulton County Superior Court; September term 1930; forgery ana felony; 2 years and 5 years; wes paroled the 4th day of October 1933 and has coraplied with conditions of parole; commuted December 22, 1934.
NELSON /J.JD SYLVESTJ::R COLJ::Y: Bibb County Superior

450

JouRNAL OF THE HousE,

Court; February term 1934; assault to murder; 6 months in jail and 12 months; good previous record; recommended by the Probation officer,Harden,8.nd clemency is not opposed by Solicitor-General; Conrnuted December 28, 1934.
JOHN H.'l'HEUS: Coffee County Superior Court; October term 1931; murder; life; it appears from evidence that prisoner was probably more guilty of involuntary-manslaughter than e.nything else, and it is doubtful as to whether or not he was actually shooting to kill anyone; commuted December 29, 1934; not recorrnnended by the Prison Corrnnission.
ALBERT WIGGINS: Candler County Superior Court, August Adjourned term 1927; manslaughter; 12 to 20 years; good prison record; recomnended by trial Judge,8ol1citor General,trial Jurors and county officials; commuted January 9, 19;35.
WALTER C. JAYNES: Spalding County Superior C~urt; October term 1929; larceny after trust and bigamy; 2 years and 6 to 10 years; long service and splendid record; recommended by County physician of Muscogee and Warden; commuted January 9, 1935. Not recommended by Prison ComrJtission.

TuESDAY, .JAl'lUARY 22, 1935.

451

The following Resolution of the House was read and adopted: By Messrs.McBride of Montgomery and Ray of Appling.
House Resolution No.51. A resolution-Whereas,It having been generally recognized and generally known throughout the State and the United States,that Mrs. Caroline Miller of Appling County,Baxley,Georgia,has made a valuable contribution to literature through her book entitled, ''Lamb In His Bosom",which won the Pulitzer Prize for nineteen thirty-four,and has thereby brought honor and distinction to Georgia,
Wherefore,be it resolved by the House of Representatives that we acknowledge with appreciation this noble daughter of Georgia. Be it further resolved that a copy of this Resolution be furnished to Mrs.Miller and that it be spread on the House Journal of this body.
The following Resolution of the House was read: By Mr.Preston of Walton.
House Resolution No.52.A Resolution-w~ereas, the terms of the Bankhead Bill made no provision for the payment for the collection for taxes imposed thereunder by cotton ginners; and,
Whereas,the TreasuryDepartment required that the operators of cotton ginneries should collect such taxes and did not stipulate any compensation therefor; and,
Whereas,the collection of taxes at ginneries for account of the United States Government entailed an enormous amount of time and effort and necessitated the employment of additional salaried help in connection with the operation of ginneries,which,under no conception,could be construed as legitimate expense imposed upon the owners and/or operators of cotton ginneries,
Be it Resolved:

452

JouRNAL OF THE HousE,

1. That the Congress of the United States is earnestly requested to enact such legislation as will fairly compensate the extra expense incurred in the collection of taxes imposed upon the ginneries, during the years 1934 and 1935.
2. That a copy of this Resolution be transmitted to the Senators and Congressmen from the State of Georgia.
On the adoption of the Resolution_Nr.Holland of Chattooga moved the ayes and nays, and the call was not sustained.
On the adoption of the Resolution the ayes were 93, nays 52.
The Resolution was adopted. Mr.Sutton of Wilkes moved that the House reconsider its action in adopting the Resolution,and the motion was lost. By unanimous consent,the following Bills of the House were withdrawn from tbe Committee on Special Appropriations,and recommitted to the Committee on General Appropriations: By Mr.Whaley of TelfairHause Bill No.237. A bill to be entitled an Act to provide for refunding State 4-1/4 bonds in excess of $100,000 annual maturities,and for other purposes. By Mr.Whaley of TelfairHause Bill No.238. A bill to be entitled an Act to provide tor refunding the State obligations to the University System,and for other purposes. Mr.Harris of Richmond moved that the House do now adjourn,and the motion prevailed.

Tt;ESDAY, jANUARY 22, 1935.

453

Leaves of absence were granted to Dr.Weeks of Columbia,and Griffin of Floyd.

Dr.Howard of Chattahoochee was granted an excuse for his absences due to illness.

The Speaker announced the House adjourned untiJ

tomorrow morning at 10:00 or clock.

''

454

JouRNAL or THE HousE,

Representative Hall,Atlanta,Ga. Wednesday,January 23,1935.

The House met pursuant to adjourrunent this day at 10:00 otclock,A.N.,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 Allen Almand of Fulton Almand of Walton Anderson Ansley of DeKalb Ansley of Lee Arnall Atwood Bannister Bargeron Barnard Barrett Batchelor Bennett Benton Bond Booth Bowden Black Bland Blease Bloodworth Bradley Brinson Brisendine Brooks Brown of Glyrm Brovm of Greene Brown of Pike Burgin Bush Camp Campbell

Caswell Claxton of
Camden Claxton of Johnson Clements of
Calhoun Clements of Wheeler Cobb Cohen Coleman Coxon Culpepper of Echols Culpepper of
Fayette Darnell Daughtry Davis of
Troup Deal Dean DeLoach Dobbins Dorris Douglass Du:rden Dyer Edwards of
Lowndes Edwards of
Stephens Ennis

Etheridge Felton Flynt Fowler Freeman of Bibb Freeman of Early Gammage Gardner Garrett Gavin Gilbert GnaM Goolsby Grayson Green Griffin of
Decatur Griffin of Floyd Groover Groves Guess Hannnock Hampton Hand Harris Harrison Hartsfield Herndon Head Hefner Henderson Hogan Hogg Holland

WEDNESDAY, JANUARY 23, 1935.

455

Hooks

Mitchell of

Spivey

Horton

Taliaferro

Standard

Houston

Moore of Clayton Stephens

Howard of

Moore of Haralson Sutton

Chattahoochee Morris

Swann

Howard of

Moye

Swindle

Screven

l"l:undy

Teasley

Jackson of

r1usgrove

Terrell of Hall

Bleck ley

Neal

Terrell of

Jackson of

Newby,

Troup

Habersham

Oden

Terrell of

Joel

Parham

Warren

Johnson

Parker of

Thompson

Johnston

Colquitt

Thrasher

Jones of

Parker of Union Tipton

Brantley

Parks

Toms

Jones of Lumpkin Parr

Townsend

Kelley

Patten of Cook Twitty

Lanier

Patten of Tift Warnell

Lee

Peebles

. watkins

Leonard of

Peek

Watson

.Muscogee

Perry

weathers

Leonard or

Peters

Weeks

Walker

Pound

Welsch

Lewallen

Preston or

West

Lewis

Bulloch

Whaley

Lindsay

Preston of

Whitmire

McBrlde

Walton

Williams of

I:'lcCrackeLJ.

Ramsey

Bacon

McCranie

Rawlins

Williams of

McCutchen

Ray

Coffee

McGraw

Reagan

Williams of

McKelvey

Ross

Jackson

McNall

Sabados

Williams of

Mallory

Salter

Jones

Mann

Sammon

Willingham

Manning

Sartain

Wilson

Marshall

Scruggs

Woods

Martin

Settle

Wrench

Milam

Shedd

Youilg

Mills

Shirah

Zellner

Minchew

Smith of

Mr. Speaker

Mitchell of

Madison

Lamar

Smith of Webster

a::ID See Appendix,Volume I ,for absentees.

456

JouRNAL OF THE HousE,

Mr.Preston of Bulloch,Chairman of the Committee on Journals,reported that the Journal of yesterdayrs proceedings had been read and found correct.
By unanimous consent,the reading of the Journal of yesterdayrs proceedings was dispensed with.
The Journal was confirmed. By unanimous consent,the follaving was established as the order or business during the first part or the period or unanimous consents: 1. Introduction of Bills and Resolutions under the Rules 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 Mr.CUlpepper of Fayette. House Bill No.275. A bill to be entitled an Act to define the practice of Physiotherapy and to regulate the practice thereof. Referred to Committee on General Judiciary No.1. By Mr.l'11lam of Spalding. House Bill No.276. A bill to be entitled an Act to reduce the operating expenses of county and municipal governments and for other purposes. Referred to Committee on Municipal Government. By Messrs.Milam and Flynt of Spalding. House Bill No.277. A bill to be entitled an Act to permit Building and Loan Associations to accept the privileges offered by Home Owners Loan Act,and for other purposes. Referred to Committee on General Judiciary No.1.

WEDNESDAY, JANUARY 23, 1935

457

By Mr.Brown or Glynn.

House Bill No.278. A bill to be entitled an Act to repeal an Act creating the Board or County Co~ missioners or Glynn county.

Referred to Corr~ittee on Counties and County Matters.

By Mr.Brown of Glynn.

House Bill No.279. A bill to be entitled an Act creating a Board of County Commissioners or Roads and Revenue for Glynn County1and tor other purposes.
Referred to Conunittee on Counties and County Matters.

By Messrs.Cohen and McNall or Chatham.

House Bill No.280. A bill to be entitled an Act amending an Act creating the Georgia Board or Pharmacy1and tor other purposes.

Referred to Committee on Special Judiciary.

By Mr. McBride of Montgomery.

House Bill No.281. A bill to be entitled an Act to increase the mileage of the State Aid Road System1and for other purposes.
Referred to Conn:ni ttee on Public Highways No. 2.

By Messrs.Peters of Dobbins of Morgan.

Meriwether 1T e r r e l l

of

Troup

and

House Bill No.282. A bill to be entitled an Act to amend Section 40-2002 of the Code of 1933 which provides for automobile mileage for State officers and employees,and for other purposes.

Heferred to Committee on Special Judiciary.

458

JouRNAL or THE HousE,

By !'~.Culpepper of Fayette. House Resolution No. 53-282-A. A resolution to
authorize the Governor and Secretary of State to cause a new Great Seal of the State to be made.
Referred to Committee on General Judiciary No.1. By ~~.Atwood of Mcintosh.
House Bill No.283. A bill to be entitled an Act to amend the Neill-Traylor Act so as to add additional mileage in Mcintosh County, and for other purposes.
Referred to Committee on .t-'uDlic Highways No.2. By Messrs.Preston and Deal of Bullocn.
House Bill No.284.A bill to be entitled an Act to abolish the fee system with reference to the Solicitor General of the Ogee~hee Judicial Circuit, and for other purposes.
Referred to Collllilittee on General Judiciary No.1. By Messrs.Harnm~ck of Randolph,Clements of Calhoun
and Gammage of Terrell. House Bill No.285.A bill to be entitled an Act amending Section 95-1711 of the Code of 1933 so as to add mileage to the State Aid System in Randolph and Calhoun Counties. Referred to Committee on Public Highways No.2. r:y T'1essrs.Durden and Sabados of Dougherty. House Bill No.286.A bill to be entitled an Act to amend an Act providing for the manner of holding primary elections by providing that same shall apply to county officers,and for other purposes. Referred to Committee on Privileges and Elections.

\VEDNESDAY, JANUARY 23, 1!):3;).

459

By Mr.Hammock of Randolph. House Bill No.287.A bill to be entitled an Act
creating Commissioner of Roads and Revenue of Randolph County.
Referred to Committee on Counties and County .Matters. By tlr .Johnston of Upson.
House Bill No.288. A bill to be entitled an Act to abolish the office of tax receiver and tax collector of Upson County; to create the office of tax commissioner and for other purposes.
Referred to Committee on Counties and County Matters. By !"~.Harris of Richmond.
House Bill No.289. A bill to be entitled an Act requiring Banks,trust companies and guarantee companies to secure uninvested trust funds,and for other purposes.
Referred to Committee on Banks and Banking. By Mr.Swindle of Berrien.
House Bill No.290. A bill to be entitled an Act to amend Section 39-802 of Chapter 39-8 of Code of 1933 with reference to bonds in claim cases,and for other purposes.
Referred to Committee on Special Judiciary. By .Messrs. Allen of Baldwin,l'lcGraw of .Meriwether and Almand of Fulton.
House Bill No. 291. A bill to be entitled an Act to provide for certain hospitals and corporati-ons organized solely in behalf of hospitals to be exempt from insurance laws, and for other purposes.
Referred to Comrrdttee on Insurance.

460

JouRNAL or THE HousE,

By Mr. Gavin of Clay. House Bill No. 292. A bill to be entitled an Act
repealing an Act reducing the territorial limits or the town or Bluffton, and for other purposes.
Referred to Committee on Municipal Government. By Messrs. Anderson,Griffin and Willingham of Floyd.
House Bill No. 293. A bill entitled an Act to prescribe fees for Coroners of the State of Georgia, and for other purposes.
Referred to Comrndttee on General Judiciary No. 2. By Mr. Garrett of Carroll.
House Bill No. 294. A bill to be entitled an Act to amend Section 119 of the Civil Code of 1910,providing for the election of constables and for other purposes.
Referred to Committee on Privileges and Elections. By Messrs. Thompson,Brinson and Leonard of Muscogee.
House Bill No. 295. A bill entitled an Act to authorize officers having charge or county affairs in certain counties to appropriate funds for the support of libraries maintained by municipal corporations, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Martin of Jeff Davis. House Bill No. 296. A bill to be entitled an Act to fix the amount of bond given by the Sheriff or Jeff Davis County, and for other purposes. Referred to Cornrrdttee on Counties and Connty Matters.

WEDNESDAY, jANUARY 23, 1933.

461

By Mr. Allen of Baldwin. House Bill No. 297. A bill to be entitled an Act
to amend Title 89, Chapter 89-8, Section 89-812 of the Code of 1933, relating to bonds of depositories, and for other purposes.
Referred to Committee on Banks and Banking. By Mr. Allen of Baldwin.
House Bill No. 298. A bill to be entitled an Act to amend the Banking Law, and for other purposes.
Referred to Committee on Banks and Banking.
By Mr. Gardner of Candler and Mr. Cohen of Chatham. House Resolution No. 54-298-a. A resolution di-
recting the Governor to proclaim October 11th of each year 11General Pulaski's I1emorial Day".
Referred to Committee on Historical Research. By I1essrs. Rivers of Lanier and Lanier of Richmond.
House Resolution No. 55-298-b. A resolution proposing to the qualified voters an amendment authorizing the assumption by the state of indebtedness of school systems incurred prior to January l, 1935, and for other purposes.
Referred to Committee on Amendments to Constitution No. 1. By I1essrs. Durden and Sabados of Dougherty, and Bush of I1iller.
House Resolution No. 56-298-c. A Resolution proposing to the voters for ratification or rejection, an amendment providing that total divorce shall be granted in such manner as the General Assembly may

462

JouRNAL or THE HousE,

by law prescribe,and for other purposes. Referred to Committee on Amendments to Constitu-
tion No. 1. By Messrs.Durden and Sabados or Dougherty.
House Resolution No.57-298-d. A resolution to increase State Aid Road System by adding mileage in Dougherty and Colquitt Counties and for other purposes.
Referred to Committee on Public Highways No.2. By Messrs.Garrett and Camp of Carroll.
House Bill No.299.A bill to be entitled an Act to amend an Act establishing public school system for city of carrollton,and for other purposes.
Referred to Committee on Education No. 1. By Messrs.Watson of Paulding and Barrett of Rich-
mond. House Bill No.300.A bill to be entitled an act to provide for the classification and grading of farm products for sale in Georgia,and for other purposes. Referred to Committee on General Agriculture No.1. By Mr.Sutton of Wilkes. House Bill No.30l.A bill to be entitled an Act to establish a State Highway Patrol and for other purposes. Referred to Committee on Special Judiciary. By Mr. Arnall of Coweta. House Bill No. 302.A bill to be entitled an Act to amend an Act relatlng to the reorganization of the Governor's Staff, and for other purposes. Referred to Committee on Aviation.

WEDNESDAY, jANUARY 23, 1935.

463

By Messrs.Gri!tin or Decatur and Townsend or Dade.

House Bill No.303.A bill entitled an Act to amend

an Act viding

relative for text

to the Text book rental

Book and t

oCromomthisesriopnu1

r

pro pos

e

s

.

Referred to Committee on Education No.1.

By Mr.Ansley of DeKalb.

House Bill No.304.A bill entitled an Act to amend

the Georgia Workmen's before the Industrial

Act Rel

a1

prov1ding for appear tions Department.and

ances tor

other purposes.

Referred to Committee on Industrial Relations.

By unanimous consent,the following Bill or the House was withdrawn from the Committee on Pensions, and recommitted to the Committee on Amendments to the Constitution No.1:

By Mr.Grayson of Chatham-

House Bill No.92.A bill to be entitled an Act to provide for the payment of Old Age Pensions by the State of Georgia,and tor other purposes.

t

h

Be yHuonuasneimwoausswcitohndsreanwtn1 t

he fo from

llowing Resol the Committee

utio on

n

or

Special Appropriations,and recommitted to the Co~

mittee on General Appropriations:

By Mr.Howard of Screven-

House Resolution No.39-239b. A Resolution to reimburse Barrett Overstreet for monies paid to the Treasurer or Georgia,and for other purposes.

HoBuyseuwnaenriemwouitshdcroanwsnenftr1otmhe

f

followi urther

ng co

Bills nsider

or atio

th n

e o

r

the House:

464

JouRNAL OF THE HousE,

By Messrs.Durden and Sabados ot Dougherty.

House Bill No.96.A bill to be entitled an Act to

amend an Act so that in all uncontested divorce

cases verdi

1ctth

e or

c

o a

urt Ju

r

shall y,and

render Judgment without tor other purposes.

the

By Mr.Camp ot Carroll.

House Bill No.l38.A bill to be entitled an Act to amend the Income Tax Laws of Georgia by lowering the exemptions and raising,slightly,the rates in
. the upper brackets,and for other purposes
The following Resolution of the House was read:

By Messrs.Barrett of Richmond and Williams of Coffee.

House Resolution No.58.A Resolution inviting the Honorable Huey P.Long,United States Senator from Louisiana,to address the House ot Representatives, and for other purposes.

Mr.Williams of Bacon moved to table the Resolution.

Mr.Flynt or Spalding moved to commit the Resolution to an appropriate committee.

The motion to table prevailed.

The following Resolution of the House was read:

By Messrs.Flynt of Spalding,Joel of Clarke,Garrett of Carroll,and Terrell of Troup.

House Resolution No.59.A Resolution-Whereas,the General Assembly is about to adjourn the ten day session preparatory to going into the regular sixty day session, and

Whereas,.the sixty day session immediately succeeds the ten day session,without intermission.

WEDNESDAY, jANUARY 23, 1935.

465

Thererore,be it resolved by the House of Representatives,the Senate concurring,that the members or the General Assembly be,and they are,entitled to collect from the State a single mileage covering one trip to Atlanta and one trip to their respective homes.
Mr.Culpepper of Fayette moved that the Resolution be referred to an appropriate Committee.
On the motion that the Resolution be referred to the appropriate Committee,Mr.Flynt of Spalding moved the ayes and nays,and the call was not sustained.
On the motion to commit the ayes were 125,nays 18, and the motion prevailed.
The Speaker referred the Resolution to the Co~ mittee on Auditing.
The following Resolutions or the House were read and adopted: By Messrs.Ennis and Allen of Baldwin-
House Resolution No.60.A Resolution inviting the members or the General Assembly to attend the unveiling of a memorial to the Governors who served this State while Milledgeville was its Capitol,and the opening or a new brid~ spanning the Oconee River Sunday afternoon at 2:30 o'clock.
By unanimous consent,the Resolution was immediately transmitted to the Senate. By Mr.Hartsfield of Fulton-
House Resolution No.6l.A Resolution endorsing the Birthday Balls held in honor of President Franklin D.Roosevelt on January 3lst,and for other purposes.
By 1manimous consent, the Resolution was immediately transmitted to the Senate.

466

JouRNAL OF THE HousE,

The following message was received from the Senate through Mr.Hammond,the Secretary thereof: Mr.Speaker:
The Senate has adopted by the requisite constitutional majority the following resolutions or the House to wit:
By Messrs.Ennis and Allen ot Baldwin. House Resolution No.so.A Resolution extending an inv1tat ion to the members of the General Assembly to attend the unveiling or a memorial to the Governors who served this State while Milledgeville was the Capitol of Georgia,to be held SUnday afternoon, January 27th,l935 at 2:30 o'clock in Milledgeville. By Mr. Hartsfield of Fulton: House Resolution No.Sl.A Resolution endorsing the movement to hold Birthday Balls in honor of our great President,Franklin D.Roosevelt. The following message was received from the Senate through Mr.Hammond,the Secretary thereof: Mr.Speaker: The Senate has adopted by the requisite constitutional majority the following resolutions or the Senate to wit: By Senator Scott of the 7th District. Senate Resolution No.32.A Resolution providing that a joint committee of five,three from the House and two from the Senate,be appointed by the Speaker and President,respectively,to notify the Governor that the General Assembly is now ready to adjourn the January 1935 session,sine die. The President has appointed as a corrittee on the part of the Senate the following:

WEDNESDAY, JANUARY 23, 1935.

467

Senator Harden ot the 47th District and Senator Almon ot the 37th District.
By Senator Scott ot the 7th District. Senate Resolution No.34.A Resolution providing that the General Assembly do adjourn the January 1935 session, sine die. The following Resolutions ot the House were read and adopted: By Mr.Harris ot Richmond. House Resolution No.62.A Resolution-Resolved by the House,the Senate concurring,that a committee ot tive be appointed,three to be named by the Speaker and two by the President ot the Senate,to notify the Governor that the General Assembly has co~ pleted its work tor the special ten day organization session as provided by the Constitution, and stands ready to adjourn the ten day organization session sine die. The Speaker appointed the following members ot the House,on the part ot the House,to notify the Governor:
Messrs.Sabados ot Dougherty, Coleman ot Lowndes, Ansley ot DeKalb.
By Mr.Harris of Richmond. House Resolution No.63.A Resolution-Be it re-
solved by the House,the Senate concurring,that the General Assembly convened in the organization ten day session,as provided by the Constitution ot Georgia,adjourn sine die,to reconvene 1n the regular sixty day session at ten o'clock A.~. on January 24th, 1935.
The following message was received trom the Senate through ~~.Hammond,the Secretary thereof:

468

JouRNAL OF THE HousE,

Mr.Spea.ker: The Senate has passed by the requisite constitu-
tional majority the following resolution or the House to wit: By Mr.Harris ot Richmond and others.
House Resolution No.62.A Resolution providing tor a co~ttee or tive,three from the House and two from the Senate,to be appointed by the Speaker and President,respectively,to notify the Governor that the General Assembly is ready to adjourn its special 10 day organization session, sine die.
The President has appointed as a Committee on the part of the Senate:
Senator Almon ot the 37th District. Senator Harden or the 47th District. The following message was received from the Senate through Mr.Hammond,the Secretary thereof: Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following resqlutions or the House to wit: By Mr.Harris of Richmond. House Resolution No. 63.A Resolution that the General Assembly do adjourn its special ten day organization session,sine die. The following Resolution or the Senate was read and adopted: By Senator Scott of the 7th District. Senate Resolution No.34.A Resolution-Be it resolved by the Senate,the House or Representatives concurring,that the General Assembly do now adjourn

WEDNESDAY, JANUARY 23, 1935.

469

the January 1935 Ten Day Session, sine die. The following message was received from the Senate
through Mr. Hammond, the Secretary thereof: Mr. Speaker:
I am instructed by the Senate to notify the House that the Senate has completed its present business and is ready tor the adjournment or the January 1935 session ot General Assembly, sine die.
Mr. Sabados ot Dougherty,Chairman of the Comm1ttee, on the part or the House, to notify His Excellency, Governor Eugene Talmadge,that the General Assembly is now ready to adjourn sine die,reported that His Excellency had no turther communications tor the General Assembly at this time.
Leaves or absence were granted to Messrs.Terrell ot Warren,West ot Hall,Moore ot Haralson,and Batchelor or Putnam.
The Speaker announced the House adjourned sine die.

JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT THE
REGULAR SESSION
OF THE
GENERAL ASSEMBLY
Commenced at Atlanta, Thursday, January !l4, 1986.
11136 8T.IIN PRINTING 00., ln'ATE PBINT.BS
ATLANTA. GA.

472

JouRNAL oF THE HousE,

Representative Hall,Atlanta,Georgi~ Thursday, January 24, 1935.
The House ot Representatives reconvened in the Representative ijall.,in regular session, this day at 10:00 otclock,A.M.,was called to order by the Speaker and opened with prayer by the Chaplain.
The following resolutions or the House were read and adopted: By Mr.Harris of Richmond.
House Resolution No.64.A resolution that the Clerk be instructed to notify the Senate that the House has con~ened in regular session,and is now ready tor the transaction or business.
By Mr.Harris of Richmond. House Resolution No.65.A resolution that a committee or five be appointed by the Speaker and President to notify the Governor that the General Assembly has reconvened in regular session,and is now readf for the transaction of business.

The Speaker appointed as a Committee to notify the Governor,on the part of the House:

Messrs. Bland of Stewart, Griffin of Decatur, Perry of Worth.

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

Adams

Arnall

Allen

Atwood

Almand of Fulton Bannister

Almand of Walton Bargeron

Anderson

Barnard

Ansley of DeKalb Barrett

Ansley of Lee Batchelor

Bennett Benton Bond Booth Bowden Black Bland

THURSDAY, jANUARY 24, 1935.

473

Blease Bloodworth Bradley Brinson Brisendine Brooks Brown of Glynn Brown of Greene Brown of Pike Burgin Bush Camp Campbell Caswell Claxton of Camden Claxton of Johnson Clements of Calhoun Clements of Wheeler Cobb Cohen Coleman Coxon Culpepper of Echols Culpepper of Fayette Darnell Daughtry Davis of Troup Deal Dean DeLoach Dobbins Dorris Douglass Durden Dyer Edwards of
Lowndes

Edwards of

Howard of Screven

Stephens

Jackson or

Ennis

Blackley

Etheridge

Jackson of Haber-

Felton

sham

Flynt

Joel

Fowler

Johnson

Freeman of Bibb Johnston

Freeman of Early Jones ot Brantley

Gammage

Jones of Lumpkin

Gardner

Kelley

Garrett

Lanier

Gavin

Lee

Gilbert

Leonard of Musco-

Gnann

gee

Goolsby

Leonard of Walker

Grayson

Lewallen

Green

Lewis

Griffin of

Lindsay

Decatur

McBride

Griffin of

McCracken

Floyd

McCranie

Groover

McCutchen

Groves

l"lcGraw

Guess

McKelvey

Hammock

McNall

Hampton

Mallory

Hand

l'1ann

Harris

Manning

Harrison

Marshall

Hartsfield

Martin

Herndon

Milam

Head

l'lills

Hefner

Minchew

Henderson

Mitchell of

Hogan

Lamar

Hogg

Mitchell of

Holland

Taliaferro

Hooks

Moore of Clayton

Horton

Moore of Haralson

Houston

Morris

Howard of

Moye

Chattahoochee 1'1undy

474

JouRNAL OF THE HousE,

Musgrove

Sabados

Thrasher

Neal

Salter

Tipton

Newby

Sammon

Toms

Oden

Sartain

Townsend

Parham

Scruggs

Twitty

Parker o!

Settle

Warnell

Colquitt

Shedd

Watkins

Parker ot Union Shirah

Watson

Parks

Smith of

Weathers

Parr

Madison

Weeks

Patten ot Cook Smith or

Welsch

Patten ot Tift

Webster

West

Peebles

Spivey

Whaley

Peek

Standard

Whitmire

Perry

Stephens

Williams or Bacon

Peters

Sutton

Williams of Cof-

Pound

Swann

fee

Preston of Bulloch Preston of Walton Ramsey Rawlins Ray Reagan Ross

Swindle Teasley Terrell or Hall Terrell or Troup Terrell ot warren Thompson

Williams of Jackson
Williams of Jones Willingham Wilson Woods Wrench Young Zellner Mr.Speaker

@See Appendix,Volume I,for absentees.

The following message was received !rom the Senate through Mr.Hammond,the Secretary thereof:

.Mr.Speaker:

I am instructed to notify the House of Representatives that the Senate has convened in 1935 regular session,and is ready for the transaction of business.

The following message was received from the Senate through ~~.Hammond,the Secretary thereof:

Mr. Speaker:

The Senate.has adopted by the requisite const1-

THURSDAY, JANUARY 24, 1935.

475

tutional majority the following resolution or the Senate to wit:

By Senator Scott of the 7th District. Senate Resolution No.37.A resolution providing
that a committee of five, two from the Senate and three from the House,to be appointed by the President and Speaker,respectively,to notify the Governor that the General Assembly has convened in regular 1935 session,and is ready for the transaction or business.
The President appointed as a committee on the part of the Senate the following:
Senator McWhorter of the 19th District. Senator Hart of the 36th District. The following resolution or the Senate was read and adopted:

By Senator Scott of the 7th District. Senate Resolution No.37.A resolution that a Com-
mittee or flve, two from the senate and three from the House,be appointed by the President and Speaker to notify the Governor that the General ~ssembly has reconvened in regular session,and is ready for the transaction or businesa.
By unanimous consent,the following resolution or the House was read and referred to the Committee on Rules:

By r1r.Lanier of Richmond. House Resolution No.66.Be it resolved by the House
of Representatives:
That in light of the fact that the Board of Regents by a vote or eleven to one have approved the P.H.A.Loan to the University System,and

476

JouRNAL or THE HousE,

Whereas,the matter or the loan has become highly controversial and this House reels that the best interest or the State can be served by said Board reconvening for further discussion and if possible adjusting the controversies attendant upon said loan.
It is resolved that for the next ten days no vote shall be taken on any bill effecting said loan by this House and the Chairman of the Board of Regents is hereby requested to immediately convene said Board of Regents for the purpose aforesaid, and report its action and findings to this House.
Mr. Harris of Richmond moved that theHouse recess for thirty minutes, the motion prevailed, and the Speaker announced the House recessed.
The Speaker called the House to order. Mr.Preston of Bulloch,Chairman of the Committee on Journals,reported that the Journal of yesterdays' proceedings had been read and found correct. By unanimous consent,the reading of the Journal of yesterday's proceedings was dispensed with. The Joupnal was confirmed. By unanimous consent,the following was established as the order of business during the first part or the period of ur1animous consents: 1. Introduction of bills and resolutions under the Rules of the House. 2. Reports or Standing Committees. 3. Second reading or House Bills and Resolutions, favorably reported. By unanL~ous consent, the following bills and resolutions of the House were introduced, read the first time,and referred to the Committees:

THURSDAY, jANUARY 24, 1935.

477

By Messrs.Clements of Wheeler,McBride of Montgomery and Mann of Toombs.
House Bill No.305.A bill to be entitled an Act to amend Chapter 92-25 of 1933 Code so as to make ~re mium tax on insurance companies 3% instead of 1~, and for other purposes.
Referred to Committee on Ways and Means.

By Messrs.Williams of Coffee and Barrett of Rich~ mond.
House Bill No.306.A bill to be entitled an Act to provide for taxation of amusements and places of entertairunent,and for other purposes.
Referred to Committee on Ways and Means.

By I-tr .stephens of Laurens. House Bill No.307.A bill to be entitled an Act
fixing time for holding primary elections in certain counties,and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr.Stephens of Laurens. House Bill No.308.A bill to be entitled an Act
naming the Solicitor of the City Court of Dublin as the ex-officio county attorney of Laurens County, and for other purposes.
Referred to Committee on Special Judiciary.

By Mr.Stephens of Laurens. House Bill No.309.A bill to be entitled an Act to
amend an Act creating the Board of County Commissioners of Laurens County, and for other purposes.
Referred to Committee on Counties and County Matters.

478

JouRNAL oF THE HousE,

By Mr.Claxton of Johnson. House Bill No.310.A bill to be entitled an Act
authorizing counties,towns,cities,to refund outstanding bonds,and for other purposes.

Referred to Committee on Ways and Means.

By Messrs.Edwards and Coleman of Lowndes .House Bill No.3ll.A bill to be entitled an Act to
authorize the State Highway Department to construct a driveway at Womants College at Valdosta,and for other purposes.
Referred to committee on Public Highways No.2.

By Mr.Wrench of Charlton. House Bill No.312.A bill to be entitled an Act to
amend Chapter 52-1 of the Code of 1933~so as to require lodging houses,tourist camps or other places where guests are received for lodging to keep a register,and for other purposes.

Referred to Commdttee on HYgiene and Sanitation.
By Mrs.Coxon of Long,Ramsey of Fulton,Harris of Richmond,Cobb of Clarke and Spivey of Emanuel.
House Bill No.313.A bill to be entitled an Act creating a Board of Public Welfare in each county, and for other purposes.
Referred to Committee on Public Welfare. By Mr.Terrell of Warren.
House Bill No.314.A bill to be entitled an Act to amend section 113-2401 of Chapter ll3-24,Code of l933,relating to Foreign Executors and Administrators,and for other purposes.
Referred to Committee on General Judiciary No.1.

THURSDAY, JANUARY 24, 1935.

479

By Mr.Dorris of Crisp. House Bill No.315.A bill to be entitled an Act to
amend the Traylor-Neill Bill,so as to include a road in Crisp and Dougherty County,and for other purposes.
Referred to Committee on Public Highways No.2.

By Messrs~Terrell and West of Hall. House Bill No.316.A bill to be entitled an Act
amending Code Section 3930 of 1910 Code,so as to make the husband sole heir of wife,and for other purposes.

Referred to Committee on Special Judiciary.

By Messrs.Barrett of Richmond and Williams of

Coffee.

_

House Bill No.317. A bill to be entitled an Act

reducing the rate of interest upon moneys loaned or

advanced for any commercial purposes,and for other

purposes.

Referred to Committee on General Judiciary No.2.

By Mr.Whitmire of Dawson.

House Bill No.318.A bill to be entitled an Act to

repeal an Act creating a Board of Commissioners of

Roads and Revenue of Dawson County and for other

purposes.

1

Referred to Committee on Counties and County .Matters.

By .Mr.Whitmire of Dawson. House Bill No.319.A bill to be entitled an Act to
create a Commissioner of Roads and Revenues for

480

JouRNAL OF THE HousE,

Dawson County,and for other purposes. Referred to Committee on Counties and County
Matters.

By Mr.Reagan of Henry. House Bill No.320.A bill to be entitled an Act to
amend an Act so as to provide tor record or purchases or wheat,rye,corn and oats,and for other purposes.
Referred to Committee on General Agriculture NoJ.

By Mr.Newby or Dooly. House Bill No.32l.A bill to be entitled an Act
amending Section 1169 of Civil Code with reference to redemption of property sold tor taxes,and for other purposes.
Referred to Committee on General Judiciary No.2.

By Mr.Newby of Dooly. House Bill No.322.A bill to be entitled an Act
to limit the millage which can be levied in any one year tor ad valorem taxes by municipalities or counties,and for other purposes.
Referred to Committee on Municipal Government.

By .Messrs.Ennis and Allen or Baldwin and Dyer ot Coweta.
House Bill No.323.A bill to be entitled an Act to provide tor the purchase of land for State Farm at Milledgeville,and tor other purposes.
Referred to Committee on Special Appropriations.

By Mr.Salter of Baker. House Bill No.324.A bill to be entitled anAct to

THURSDAY, jANUARY 24, 1935.

481

relieve all voter~ from paying poll tax,and tor other purposes.
Referred to Committee on Privileges and Elections. By Messrs. Willingham,Grit!in and Anderson or Floyd.
House Bill No.325.A bill to be entitled an Act amending an Act so as to provide that county authorities might fix rate or interest county warrants bear.
Referred to Committee on Counties and County Matters. By Mr. Whaley or Telfair. (By request)
House Bill No.326.A bill to be entitled an Act creating the office or Consulting and Supervising Architect, and tor other purposes.
Referred to Comrruttee on Education No.2. By Messrs. Lanier Harris and Barrett of Richmond, Terrell of Troup,tellner of Monroe,and others.
House Bill No.327.A bill to be entitled an Act requiring Boards or Education to furnish books to pupils on rental basls,and tor other purposes.
Referred to Committee on Education No.2. By Messrs.Harris and Lanier or Richmond.
House Bill No.328.A bill to be entitled an Act amending Section 68-214 or Code or 1933 so as to provide tor the issuance or one number plate for automobiles instead or two,and tor other purposes.
Referred to Co~ttee on Motor Vehicles. By Messrs.McCranie and Ross or Dodge.
House Bill No.329.A bill to be entitled an Act to increase the State Aid Road mileage by adding mileage in Dodge County,and for other purposes.
Referred to Committee on Public Highways No.1.
By Mr. Garrett of Carroll. House Bill No.330.A bill to be entitled an Act to
amend an Act with reference to hunting license so

482

JouRNAL oF THE Hous.E,

as to exempt certain persons,and for other purposes. Referred to Committee on Game and Fish.

By Mr.Almand of Fulton. House Bill No.33l.A bill to be entitled an Act to
create liens in favor of hospital and sanitariums, and for other purposes.
Referred to Committee on Special Judiciary.

By frr.Almand of Fulton. House Bill No.332.A bill to be entitled an Act to
authorize counties to pay the cost of medical and hospital care of paupers,and for other purposes.
Referred to Committee on Special Judiciary.

By Messrs.Jackson of Bleckley,Edwards of Lowndes, Harris of Richmond,Dyer of Coweta and Ennis of Baldwin.
House Bill No.333.A bill to be entitled an Act to repeal Section 89-102 of the Code of 1933 which provides that members of the General Assembly shall not be eligible to be employed by any Department of the State,and for other purposes.
Referred to Committee on State of Republic.

By Messrs.Welsch and Manning of Cobb. House Bill No.334.A bill to be entitled an Act to
amend Traylor-Neill Act so as to add additional mileage in Cobb County.
Referred to Committee on Public Highways No.1.

By Mr.Joel of Clarke. House Bill No.335.A bill to be entitled an Act to
amend Section 67-2002 of Chapter 67-20 so as to

THURSDAY, jANUARY 24, 1935.

483

provide that persons desiring to, create a materialman's or mechanic's lien shall ~ive notice of same, and for other purposes.

Referred to Committee on Special Judiciary.

By Mr.Holland of Chattooga.

.

House Bill No.336. A bill to be entitled an Act

extending the maturity of all notes,bills and evi-

dences of indebtedness during any period in which

withdrawals from banks are limited by the Governor

ot Georgia or the President of the United States,

and for other purposes.

Referred to Committee on General Judiciary No.2.

By Mr. Bond of Oconee. House Bill No. 337. A bill to be entitled an Act
to amend an Act so as to provide that resident county hunting licenses shall not be required in certain counties,and tor other purposes.

Referred to Committee on Game and Fish.

By Mr.Garrett of Carroll. House Bill No.338. A bill to be entitled an Act
to increase the number or terms of Superior Court ot Carroll County, and tor other purposes.

Referred to Committee on Special Judiciary.

By Mr.Garrett ot Carroll. House Bill No.339. A bill to be entitled an Act to
provide for preparation and exhibition of ballot boxes in all primary elections in certain countie~ and for other purposes.

Referred to Committee on Counties and County Matters.

By Mr.Garrett of Carroll. House Bill No.340. A bill to be entitled an Act
to prevent the spread of hydrophobia, or rabies. Referred to Committee on Hygiene and sanitation.

484

JouRNAL OF THE HousE,

By Mr.Sutton of Wilkes. House Bill No.34l.A bill to be entitled an Act to
require the operator of all motor vehicles in this state to obtain a driver's license.
Referred to Committee on Special Judiciary. By Mr.sutton of Wilkes.
House Bill No.342.A bill to be entitled an Act to require the Highway Department to pay a sum into the State Treasury for the maintenance of a State Highway Patrol.
Referred to Committee on Special Judiciary. By Messrs.Hartsfi~ld 1 Almand and Ramsey of Fulton.
House Bill No.~43.A bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta,and tor other purposes.
Referred to Committee on MUnicipal Government.

By Mess House

rs B

.iHl laNr tos.f3i4e4l d.A1 Ablmialnldt

and Ramsey o be entitl

of ed

Fulton. an Act to

amend an Act establishing a new charter for the City

of Atlanta,authorizing group insurance,and for

other purposes.

Referred to Committee on MUnicipal Government. By Messrs.Hartsfield,Almand and Ramsey of Fulton.
House Bill No.345.A bill to be entitled an Act to amend an Act establishing a new charter for City of Atlanta by reducing number of wards,and for other purposes.
Referred to Committee on Municipal Government. By Messrs.Hartsfield,Almand and Ramsey of Fulton.
House Bill No.346.A bill to be entitled an Act amending an Act establishing a new charter for the City of Atlanta by abolishing the office of warden

THURSDAY, jANUARY 24, 1935.

485

and tor other purposes.

Referred to committee on Municipal Government.

By Messrs. House Bi

H ll

artsfiel No.347.

dA1Ablmialnldt

and Ramsey o be entitl

of ed

Fulton. an act

amending an act establishing a new charter for the

City or Atlanta,with reference to license rees,and

for other purposes.

Referred to Conmittee on Municipal Government.

I

ByHMouesessBrsi.HllaNrtos.f3i4e8ld.A1Ablmialnld

and Ramsey to be entitl

of ed

Fulton. an act

amending an act establishing a new charter for the

City or Atlanta,so as to fix the rate or charge tor

water service,and for other purposes.

Referred to Committee on Municipal Government.

ByHMouesessBrsi.HllaNrtos.f3i4e9l.dA1Ablmialnldt

and Ramsey or o be entitled

Fulton. an act

providing that certain cities or this state might

enter into contractural agreements with counties

and municipalities, and for other purposes.

Referred to Committee on Special Judiciary.

By Messrs.Hartsfield,Almand and Ramsey or Fulton. House Bill No.350.A bill to be entitled an act
making it a penal offense to send in a false alarm to any fire department,and for other purposes.

Referred to Committee on Special Judiciary.

ay.Messrs.Horton ~nd Young ot Sumter, Toms ot Quitman,Burgin or Marion and others.
House Resolution No.67-350a. Resolution to instruct the Highway Department to pave certain road in SUmter County,and for other purposes.

Referred to committee on Public Highways No. 2.

486

JouRNAL or THE HousE,

By Mr.Whaley of Telfair. House Resolution No.68-350b. Resolution author-
izing the State Librarian to furnish Telfair County with certain Volumes.

Referred to Committee on Public Library.

Mr.Brown of Glynn County,Chairman of the Committee on Counties and County Matters,submitted the following report:

Mr,Speaker:

Your Committee on Counties and County Matters have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

House Bill No. 143, do pass.

House Bill No. 142, do pass.

House Bill No. 41, do pass.

House Bill No. 244, do pass.

House Bill No. 288, do pass.

House Bill No. 49, do pass.

House Bill No. 130, do pass.

House Bill No. 40, do pass.

House Bill No. 219, do pass.

House Bill No. 169, do pass.

House Bill No. 102, do pass.

House Bill No. 296, do pass.

House Bill No. 249, do pas&

House Bill No. 279, do pass.

House House

Bill Bill

No. No.

2265601,

do do

pass. pass.

House Bill No. 248, do pass.

House Bill No. 278, do pass.

House Bill No. 124, do pass.

House Bill No. 153, do pas~

Respectfully submitted, Brown or Glynn, Chairman.

THURSDAY, JANUARY 24, 1935.

487

Mr.Rawlins of Ben Hill County,Chairman of the Committee on Game and Fish,submitted the following report: Mr.Speaker:
Your Committee on Game and Fish have had under consideration the following bill of the House and have instructed me as Chairman,to report the same back to the House with the following recommendation:
House Bill No.l07,do pass,by substitute. Respectfully submitted, Rawlins of Ben Hill, Chairman.
Mr.Johnson of Seminole County,Chairman of the Committee on General Agriculture No.2,submitted the following report: Mr.Speaker:
Your Committee on ~eneral Agriculture No.2 have had under consideration the following bill of the House and have instructed me as Chairman,to report the same back to the House with the following recommendation:
House Bill No.l63,do pass. Respectfully submitted, Johnson of Seminole, Chairman.
Mr.Henderson of Irwin County,Chair.man of the Committee on Pensions,submitted the following report: Mr. Speaker:
Your Committee on Pensions have had under consideration the following bill of the House and have instructed me as Chairman,to report the same back to the House with the following recommendation:

488

JouRNAL OF THE HousE,

House Bill No. 2591 do pass. Respectfully submitted, Henderson of Irwin, Chairman.

Mr.Musgrove of mittee on Public following report

:

CHilginnwchayCs oNuon.ty21 C1 shuabirmmiatnte

o d

f t

th he

e

Com-

Mr.Speaker:

Your Committee on Public Highways No.2 have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

House House

Bill Bill

No. No.

129851

1

do pass. do pass

.

Respectfully submitted, Musgrove of Clinch, Chairman.

Mrs. Coxon of Long County, Chairman of the Cmmn1ttee on Public Welfare,submitted the following report:

Mr. Speaker:

Your Committee on Public Welfare have had under consideration the following bill of the House and have instructed me as Chairman to report the same back to the House with the toliowing recommendation:
House Bill No.28,do pass.

RespectfullY submitted, Coxon ot Long, Chairman.
Mr.Terrell ot Troup County,Chairman of the Cam-

THURSDAY, JANUARY 24, 1935.

489

mittee on Special Appropriations,submitted the following report: .Mr.Speaker:
Your Committee on Special Appropriations have had under consideration the following bills and/or resolutions of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 271, do pass. House Bill No. 166, do pass. HHoouussee BReisllolNuotion12N8 6. do31~-1s9s7.a, do pass.
RespectfullY submitted, Terrell or Troup, Cbain:nan
.Mr .Grayson or Chatham County ,Chairman or the Committee on Special Judiciary,submitted the following report: 1'1r .speaker:
Your Committee on Special Judiciary have had under consideration the following bill or the House and have instructed me as Chairman, to report the same back to the House with the following recOimnendation:
House Bill No. 44, do not pass. Respectfully submitted, Grayson or Chatham, Chairman.
l'1r .Edwards of Lowndes county ,Chairman or the Committee on the State or the Republic,submitted the following report: Mr.Speaker:
Your Committee on State or the Republic have had under consideration the following bills or the House

490

JouRNAL OF THE HousE,

and have instructed me as Chairman to report the same back to the House with therollowing recommendations:

House Bill No. 1, do pas&

House Bill No. 2, do pass.

House Bill No. 3, do pass, as amended.

House House

Bill No. Bill No.

5 ?

,1

do do

pass, pass,

as amended. by substitute.

Respectfully submitted, Edwards of Lowndes, Chairman.

Mr.Spivey of Emanuel County, Chairman of the Committee on Ways and Means, submitted the following report:

Mr . S p e a k e r :

Your Comnitte on Ways and Means have had under

consideration the following bills of the House and

have back

in to

stthruecHteodusme ewaisthCthhaeirfomL~L1 owtoingrerpeocormt mtheendsaa-me

tions:

House House

Bill No. Bill No.

?1031,

do do

pass, pass.

as

amended.

House Bill No. 149,do pass.

House Bill No. 217, do pass.

House Bill No. 2A3, do pass.

House Bill No. 16?, do not pass.

House Bill No. 242, do not pass.

RespectfullY submitted, Spivey of Emanuel, Chairman.

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

By Mr. Rivers of Lanier. House Bill No.l.A bill to be entitled an Act to

THURSDAY, jANUARY 24, 1935.

491

ratify, approve and confirm the executive order of the Governor suspending the collection of a portion of motor vehicle tax,and for other purposes.

By Mr.R1vers of Lanier. House Bill No.2.A bill to be entitled an Act to
amend Title 68(Motor Vehicles),Chapter 68-2(license for motor vehicles and chauffeurs), of tne Code or Georgia or 1933 which provides tor the registration or motor vehicles at half year rates and quarter year rates, and tor other purposes.

By Mr.Rivers of Lanier. House Bill No.3.A bill to be entitled an Act to
authorize and direct the State Highway Department to pay two million dollars or surplus funds into the State Treasury,to provide tor the disbursement of same,and tor other purposes.

By Mr.Rivers of Lanier. House Bill No.5.A bill to be entitled an Act to
define the status of the Regents Of the University System of Georgia and of the members or the Board of Regents of the University System,and for other purposes.

By Mr.Rivers of Lanier. House Bill No.7.A bill to be entitled an Act to
create and establish a State Police Patrol in the State of Georgia to provide for the establishment ot a driver's license office,and for other purposes.

By Messrs.Lanier,Harris and Barrett ot Richmond and

Dobbins of Morgan.

House Bill No.l3.A bill to be entitled an Act to

fix a license tax on chain stores in Georgia and to

appropriate the tor the Georgia

first Train

i

n$7g0S1 0c0h0oool

f

t

the tax c or Mental

ollecteu Defec-

tives at Gracewood, and tor other purposes.

By Mrs. Coxon of Long. House Bill No.28.A bill to be entitled an Act to
require all horse or mule drawn vehicles or otner

492

JouRNAL OF THE HousE,

vehicles propelled by muscular power,using the public roads or this State at night,to be equipped with lights or reflectors,and for other purposes. By Mr,Musgrove of Clinch.
House Bill No.29.A bill to be entitled an Act to amend Title 95 (Roads Bridges and Ferries) Part IV (State Highway Systemj Chapter 95-16 (State Highway Board and Engineers) or the Code or 1933,so as to fix the compensation or the Chairman and members of the State Highway Board,and for other purposes. By Mr.Freeman of Early.
House Bill No.40.A bill to be entitled an Act to amend an act fixing the salary of the County Treasurer or Early County at $1200.00 per year,and for other purposes. By Mr .Freeman of Early.
House Bill No.4l.A bill entitled an Act to repeal an Act creating a county depository for Early County,and for other purposes. By Messrs.Blease and Moye or Brooks.
House Bill No.49.A bill to be entitled an Act to fix the amount of the bond or the Sheriff of Brooks County at $5000,and for other purposes. By Messrs.Hartsfield,Almand and Ramsey of Fulton.
House Bill No.70.A bill to be entitled an Act to amend the General Tax Act,Section 2,Paragraphs 11 and 12. By Messrs.Manning and Welsch of Cobb.
House Bill No.l02.A bill to be entitled an Act to create four terms of Superior Court of Cobb County, and for other purposes. By Messrs.Claxton of Johnson,Rawlins of Ben Hill and others.
House Bill No.l07.A bill to be entitled an Act to provide for the payment of a license by all persons fishing within the State of Georgia,and for other purposes.

THURSDAY, JANUARY 24, 1935.

493

By Mr. Batchelor of Putnam. House Bill No. 124.A bill to be entitled an Act to
fix the amount of the bond of the Sheriff of Putnam County,and for other purposes. By Mr.Henderson of Irwin.
House Bill No.l28.A bill to be entitled an Act to appropriate the sum of twenty five hundred dollars for the purpose of erecting a marker on the Statets property in Irwin County where Jeff Davis was caPtured,and for other purposes. BY Mr.Smith of Madison.
House Bill No.l30.A bill to be entitled an Act to change the terms of the Superior Court of Madison County,and for other purposes.

By Mr.Dobbins of Morgan. House Bill No.l42.A bill to be entitled an Act to
repeal an Act to create a Board of Commissioners for the County of Morgan,and for other purposes.

By Mr.Dobbins of Morgan. House Bill No.l43.A bill to be entitled an Act to
create the office of Commissioner of Roads and Revenue in and for the County of Morgan,and for other purposes.

By Mr.Pound of Hancock. House Bill No.l49. A bill to be entitled an Act to
amend the General Tax Act relating to the relief of registered female voters,and for other purposes.

By Mr.Wrench of Charlton. House Bill No.l53.A bill to be entitled an Act to
abolish the office of tax receiver and tax collector of Charlton County and create the office of Tax

494

JouRNAL oF THE HousE,

Commissioner of Charlton County,and for other purposes.

By Mr.Jackson of Blackley. House Bill No.l63.A bill to be entitled an Act to
provide for State Farmerts Markets under direction of the Commissioner of Agriculture,and for other purposes.

By l'Ir.Weathers of Jenkins.

House Bill No.l66.A bill to be entitled an Act to

autho chase

rize the and distr

appropr ibution

iati of

on fre

o e

f

t

$500
ext

b1 0o0o0ksf,aonrdt

he fo

r

p

u

r

-

other purposes.

By Hr.Williams ot Jones. House Bill No.l69.A bill to be entitled an Act to
reduce the bond of the Sheriff of Jones county,and for other purposes. By Mr.Oden of Pierce.
House Bill No.l85.A bill to be entitled an Act to increase the State Aid System by adding thereto a highv~y in Pierce County,and for other purposes. By Mr.Williams of Jones.
House Resolution No.31-197a.A resolution providing for the refund of $157.50 to the Bank of Gray on account of peach stamps purchased under the Act of 1927 regulating the grade and marking of peaches and apples,and for other purposes. By Mr.Zellner of Monroe.
House Bill No.217.A bill to be entitled an Act to amend Section 89-704 of the Code of 1933 by exempting Clerks of the Superior Court from filing statements with the Comptroller General.

"

THURSDAY. jANUARY 24, 1935.

495

By I-Ir.Moore of Haralson. House Bill No.219.A bill to be entitled an Act to
amend an Act creating a Board of Commdssioners of Roads and Revenue for the county of .Haralson so as to provide for one commissioner instead of three, and for other purposes.

By Mr.Claxton of Johnson. House Bill No.243.A bill to be entitled an Act to
provide that the enforcement of tax executions shall not be defeated because of error,and for other purposes.

By Mr .Brmm of Glynn. House Bill No.244.A bill to be entitled an Act to
provide for the consolidation of offices of tax receiver and tax collector of Glynn County,and for other purposes.

By Mr .Brown of Glynn. House Bill No.248.A bill to be entitled an Act to
provide for the consolidation of offices of tax receiver and tax collector of Glynn County;to provide for a tax commissioner,and for other purposes.

By Mr.Brown of Glynn. House Bill No.249.A bill to be entitled an Act to
change from the fee to the salary system in certain counties,and for other purposes.

By Mr.Brown of Glynn. House Bill No.250.A bill to be entitled an Act
amending an Act so as to reduce the salary of the Judge of the City court of Brunswick,and for other purposes.

ByMessrs.Gammage of Terrell,Booth of Barrow and Terrell of Troup.
House Bill No.259.A bill to be entitled an Act to

496

JouRNAL oF THE HousE,

provide tor the payment or accrued pensions or Confederate soldiers at their death,to be paid to their estate,and tor other purposes.

By Mr .Brown or Glynn. House Bill No.266.A bill to be entitled an Act to
amend an Act so as to abolish the numbering of ballots in elections in certain counties,and for other purposes.

By Messrs.Spivey or Emanuel and Harris of Richmond. House Bill No.27l.A bill to be entitled an Act to
provide for the acceptance of an Act of Congress of the United States entitled "An Act to Provide tor the Establishment of a National Employment System", and for other purposes.

By Mr.Brown of Glynn. House Bill No.278. A bill to be entitled an Act to
repeal an Act creating a Board of Commissioners or Glynn County.

By Mr.Brown of Glynn. House Bill No.279.A bill to be entitled an Act
creat.ing a Board of Commissioners of Roads and Revenue for Glynn County,and tor other purposes.

By Mr.Johnston of Upson. House Bill No.288.A bill to be entitled an Act to
abolish the office of tax receiver and tax collector of Upson County;to create the office or Tax Commissioner,and for other purposes.

By Mr.Martin of Jeff Davis. House Bill No.296.A bill to be entitled an Act to
fix the amount or bond given by the Sheriff of Jett Davis County,and for other purposes.

THt;RSDAY, l-\NL-'.RY 21, Fl35.

497

By unanimous consent,the following bill of the House was withdravm from the Committee on Hays and Heans and recommitted to the Connni ttee on General Judiciary No.2: By Mr .ricGraw of l'ieriwether.
House Bill No.43 .A. bill to be entitled an Act to require and provide for filing and registration of every note,account,choses in action,claim,or demand held by creditors against deceased debtors, with the Ordinary of the county where the debtor resided at the time of deatll, to be filed within twelve montrill after death,and for other purposes.
The following message was received from His Excellency,Governor Eugene Ta~adge,through Honorable carlton Iioblcy,Executive Secretary:

498

Jot:RNAL or THE HousE,

REPORT OF THE GOVER.t"JOR ON
REMOVAL OF THE MEMBERS

OF THE GEORGIA PUBLIC SERVICE COMMISSION

TO

THE GENERAL ASSEI'1BLY OF GEORGIA

Dated: January 24, 1935.

TO THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA:

In accordance with the law as set forth in Code

Section 2618, I submit to you herewith a report of

my reasons for suspending Honorable James A. Perry,

Honorable Honorable

JPuelrerywT. .

Knight, Felton,

Honorable A.J. Woodruff, and Honorable Walter R.

McDonald from office as members of the Public Ser-

vice Commission of Georgia, by executive order

lli!der date of July 21, 1933.

On the 6th day of June, 1933, a petition was filed with me asking that the members of the Public Service Commission of Georgia be suspended. This petition alleged numerous groQ~ds, some of which are:

(a) Domination by the public utility interests; (b) Neglect of duty; (c) Publishing false propaganda about rate hearings;
(d) Increasing rates at a time when everything else was declining.

THURSDAY, }ANUARY 24, 1935.

499

I attach herewith a copy of said petition as Exhibit A to this. report.
I issued a rule nisi and called on the members of the Public Service Commission to defend said charges and ordered a hearing thereon.
A copy of said order nisi is attached to this report as Exhibit B.
The hearing began on the 26th day of June,and was concluded on Monday, July 17th. The evidence introduced at said hearing was voluminous. A copy of the transcript of evidence is submitted herewith as
Exhibit c.
The commissioners attended said hearing and the evidence developed the fact that each of the members of the Georgia Public Service Commission had been grossly negligent in the discharge of the duties imposed upon them by law. They stated,in effect, that it was impossible to reduce utility rates in this state under existing conditions.
An order had been passed by three members of the Public Service Commission authorizing commissioners and employees to ride on railroad passes.
An order had been passed providing that members of the Public Service Commission might issue identification cards to themselves and employees of the Public Service Commission allowing them to ride on busses, without payment of fare.
Members of the Public Service Commission actually used the passes.
The members of the Commission concurred in statements issued by the Chairman of the Board in which there were a number of mis-statements relative to the effect of the various orders on rates.
The freight emergency charges were authorized and adopted without the issuance of exceptions thereto.

500

JouRNAL oF THE HousE,

The members of the Commission stated that they could not have done otherwise than to adopt the emergency charges in their entirety. This unanimous statement by tl1e five members demonstrated beyond doubt their incompetency and total ignorance of the law in approving or disapproving freight rates.
The evidence showed that telephone rates had been greatly increased in this state above the pre~var and high war-time levels and that no effort was being made to lower them.
The Commission had permitted the issuance of stocks and bonds to some of the public utilities without proper consideration and investigation.
The evidence showed that light and power rates of all of the power companies in Georgia were entirely too high and that the public was being burdened thereby and that no effort was being made to adjust these rates.
The evidence also showed that the utilities had been permitted to establish inflated values for rate making purposes,in most instances, only a very small portion of which were returned for taxes.
The Commission had exercised no diligence in procuring intelligent inventories,appraisals and valuations and had been wholly negligent in keeping progressive valuation on the properties of the various public utilities over which they had supervision.
The evidence also showed that the Chairman,James A. Perry,of the Commission alternated with the Georgia Power Company in using a young lady from the Georgia Power Company as Secretary.
Mr. A.J. Woodruff,the evidence showed, has suggested to bus companies the employment of his son, William Woodruff,as a lawyer by the bus companies over which the Public Service Commission had super-

THURSDAY, jANUARY 24, 1935.

501

vision and control. Hembers of the Conunission, Mr. A.J. Woodruff and
Mr. Walter R. McDonald, had requested the issuance of passes to individuals by bus companies over which the Public Service Commission had supervision and control.
The evidence showed that the Commissioners,Jule w.
Felton and Perry T. Knight,rode on and used passes on the railroads over which the Commission had control and used identification cards on buses w1der the control of the Commission.
The evidence was conclusive against each of the members of the Commission. In short, the utility rate situation in Georgia had been neglected at the expense of an overburdened public who used the services of the utilities. The necessity for immediate action was evident and the members of the Commisssion admitted their inability to remove the burden by lowering rates to a reasonable level.
The Public Service Commission of the State of Georgia is an administrative State agency and the power and authority exercised by it is quasi legislative,executive and judicial.
Rate regulation is legislative in character and is performed in the exercise of a constitutional legislative function,a sovereign state right under the police power of the State.
The sovereign people of the State of Georgia had issued a solemn edict calling for lower utility rates.
I saw that there was utterly no possibility of being able to carry out the sovereign will of the people,as thus expressed,in the lowering of utility rates under the Commission as then constituted.
The only protection that the public has against the charging of unjust and unreasonable rates by

502

JouRNAL OF THE HousE,

public utility companies is found in the Public Service Coramission of Georgia. This Commission is the agent of the public to see that the strong do not encroach upon the weak,and that just and reasonable rates be charged. It stands as the only bulwarlc between the monopolies consununated by the utilities on the one hand,and the defenseless public on the other.
Matters of such grave importance to the people must be looked after. Delay is disastrous.
I was fully conscious of the fact that the General Assembly had been actuated by the highest motives of public policy in imposing upon the Governor the duty of suspending members of the Public Service Commission in order to prevent the danger to the public interests which might arise from leavinc such great powers and responsibilities in the hands of men who were disqualified,pending the next biennial session of the General Assembly. I realized that if this were done,the very object of the law as embodied in Code Section 2618 would be destroyed.
I was,therefore,confronted with a situation which was evidently anticipated by the General Assembly at tl1e time of the passage of the Act referred to. My duty was apparent. It was not a pleasant one.
I knew that the very letter and spirit of the law required me to act,to act promptly,and necessarily upon my own findings of fact. Because of this fact,I issued the rule nisi and went thoroughly into the matter before acting. The evidence was positive and my duty had been made to cle~rly appear. An order suspending the members of the old Commission and appointing others whom I believed would faithfully and fearlessly perform their duties both to the public and to the utilities in the Stat~, was demanded.
On the specific evidence developed at the hearing and for the reasons above ~iven,as well as for the

THURSDAY, JANUARY 24, 1935.

503

reasons given in my order of July 21, 1933, I felt that the public interest of the people of this state demanded immediate action and that the burden of high utility rates should be removed as quicl<lY as possible. I, therefore, issued the order of July 21, 1933, suspending each of the members of the Public Service Commission of Georgia. I attach hereto a copy of the order of suspension and identify the same as Exhibit E to this report.
Each member thus suspended,except Honorable Perry T. Knight,filed in the Superior Court of Fulton County a petition for writ of certiorari. The writ of certiorari was denied and in each instance the case was appealed to the Supreme Court of this State and in each instance the Supreme Court affirmed the lower court in denying the writ of certiorari. (See Felton vs. Fed. of Labor, 178 Ga. 313).
Each of the former comm1ss1oners,except Honorable Perry T. Knight,filed a petition in the nature of a writ of quo warranto by which it was sought to question the right and authority of the members appointed by me to act as members of the Public Service Commission of the State. In each of these cases the lower court sustained a demurrer to the petition and dismissed the proceeding. On appeal to the Supreme Court of the State,the lower court was affirmed. (See Felton vs. Hulet 178 Ga. 311) . I submit further as a part of this report that the members of the Commission appointed by me,after the suspension of the former commissioners, have conclusively demonstrated the necessity for utility rate reductions in this state, and have conclusively demonstrated the fact that the former commissfuners suspended by me had neglected their official duties in failing to adjust,revise and lower utility rates.
Since their appointment on the date of July 21, 1933, the present members of the Georgia Public Service Commission have been very active in reducing and revising utility rates within this Stat~

504

JouRNAL OF THE HousE,

I shall not attempt to set out in this report in detail all of their acts in this regard,but desire to call this Honorable Body's attention to some of the major reductions which have been made in the rates of the various public utility companies,operating under the supervision of the Commission.
The present members of the Commission were appointed on the date that the former members were suspended,to wit on July 21, 1933. Before the appointment of these c9mmissioners,I ascertained from them their general attitude toward utility rates and charges of all utility companies operating in the state under their supervision. They found tha~ as a rule,these rates and charges had not been revised since several years prior to the beginning of the depression and that they in no wise reflected the general changes in all other prices brought about by the greatest economic disaster that this country has ever known.
TELEPHONE RATES On August 3, 1933, the new Commission,therefore, issued a rule nisi directed to all telephone companies operating under its jurisdiction requiring them to show cause why telephone rates should not be reduced and why extra charges should not be reduced or eliminated. This rule was made returnable on September 12, 1933, and on that date the new Commission commenced its investigations. The information in the files of the Commission relative to the telephone companies was very meage~ unreliable and practically useless. The investigation,therefore,was general and covered all phases of telephone rates and charges and all questions as to operating conditions,the history of the various rates,etc. This investigation into the rates and charges of the telephone companies lasted over a period of approximately six weeks.

T~URSDAY, jANUARY 24, 1935.

505

After the conclusion of the investigation,the new Commission first took up the question of the extra charge of 50 per month made by the telephone companies for the French phone or hand set. On the 5th day of October, 1931, the Commission issued its first rate reduction order reducing the extra charge for the hand set from 50 per month to 15 per mont~ This reduction has been in effect by all of the telephone companies operating in Georgia since October 1933.

The next matter to be considered by the Commission

in connection with telephone rates and charges was

the extra charge known as the installation charge.

The Commission felt that with reduced rates many

subscribers who had lost their telephones during the

depression would want to have them reinstalled and

felt that a lower installation charge was demanded

by the evidence. They, therefore, on the 20th day

of October; 1933, issued their second order reducing

the installation charge from $3.00 to $2.00. This

was a reduction of 33-l/3%. This installation

charge of $2.00 has been in effect si~ce November

1933.

.

The next charge to be considered by the Com'Tiission was that,of the "Extra Exchange Line Mileage Charge". This is a charge made by t!1e telephone companies for subscribers who live outside of tlle base rate area. The charge had been fixed at 64 per quarter of a mile. For example,if a subscriber li1red within the first quarter mile of the base rate area,he had to pay 64 per month extra and if he lived within the next quarter.mile, he had to pay $1.88 per month extra. If he lived as much as a mile or more than 3/4 of a mile from the base rate area, he had to pay $2.56 per month. This charge was reduced by the Public Service Commission in its tr1ird order dated November 17, 1933, from 64 to 40', the reduction being more than 21%. This reduction has been in effect by all telephone companies in Georgia since December 1933, and enables the subscriber who lives beyond the base rate area to obtain his phone at: a much lower price.

506

JouRNAL or THE HousE,

On November 17, 1933, the Commission issued its general exchange rate order reducing the monthly rates on telephones approximately 20% to 25%. For example, the business exchange rate in Atlanta was reduced from $10.00 to $7.50 per month. The rates in the smaller exchanges throughout the State were reduced proportionately.

The Southern Bell Telephone Company,operating a great majority of all the phones in the state, contested the validity of the order,alleging confiscation. The suit was filed in the Federal Court for the Noithern District of Georgia.

A hearing was had on an application of the Southern Bell Telephone Company for a temporary restraining order before his Honor, E. Marvin Underwood, at Gainesville, on November 30, 1933. The Georgia Commission defended this application and a temponuy restraining order was denied. The lower exchange rate order therefore as to Southern Bell Telephone Company went into effect.

An application for heard before Circuit

an interlocutory Judge, Honorable

Sinamjuunecl tsio.n

was

Sib and

lewy.,r.

and Dis Grubb.

trict This

Judges, E. Marvin hearing was held

Underwood at Atlanta

on

December 11, 1933, and lasted for thre&days. At

the conclusion of the hearing, the Commission was

again successful and the interlocutory injunction

was denied by the three Federal Judges.

The Federal judges in denying this injunction handed down a long opinion in which they held that the rates, on the record produced, were not confiscatory and that the new rates should be tried out for the purpose of determining what effect they would have on the business of the Southern Bell Telephone Company.

This case is still pending in tll~ Federal Court and in the meantime the low rates ordered by the Commission are in effect and have been in effect since December 1933. The estimated saving to the

------ ....-.

THURSDAY, JANUARY 24, 1935.

507

subscribers of the Southern Bell Tel-ephone Company under the exchange rate order alone is estimated at more than $700,000.00 per year. In addition to this saving,the saving to the subscribers under the '~hand set order"; "the installation charge order"; and "the extra exchange line mileage order"is hard to estimate but will run into thousands and thousande of dollars per year.
All of the independent telephone companies in Georgia put all of the telephone rate reduction orders into effect and they have been in effect since the effective date thereof, with the exception of ten of the small independent companies. These companies are:
Thomaston Telephone Company Dalton Telephone Company Georgia Continental Telephone Company Southeastern Telephone Company Central Telephone Company Statesboro Telephone Company Cairo Telephone Company Consolidated Telephone Company Douglas Telephone Company Chatsworth Telephone Company These ten independent telephone companies were successful in obtaining an injunction in the Federal Court enjoining the exchange rate reduction order. The other three orders were put into effect by them. The Commission after the passage of the Johnson Bill, issued a new rule nisi directed to these ten telephone companies and conducted an additional investigation. This rule nisi was issued on May 28, 1934. Following the investigation the Commission issued new rate orders reducing the ratesof these ten companies approximately 70% of the original rate reduction. These independent companies filed suits in the Superior Court of Fulton County and after a hearing

508

JouRNAL oF THE HousE,

again obtained a temporary injunction against the enforcement of the rate reduction orders.
Pending the disposition of these cases in Fulton Superior Court,the companies filed tariffs with the Commission which put into effect approximately 75% of the reductions which had been ordered by the Commission. These reduced rates were accepted by the Commission and the cases were dismissed in court at the cost of the telephone companies.
Therefore,the new Commission has succeeded in putting into effect lower telephone rates throughout the entire state and at an estimated saving of more than a million dollars per year.
LIGHT AND POWER RATES The Commission appointed by me did not confine its efforts to reducing telephone rates but during the month of December, 1933, immediately following the investigations into the t~lephone rates and charges,the Commission condusted a general investigation into light and power rates; The Georgia Power Company serves approximately 90% of the electric light and power customers in the state and the investigation as to this company lasted approximately a month. The hearing was concluded in December 1933. The investigation developed the fact that the rates which were prescribed by the old Commission effective June 1, 1933, applicable to all territory in the state were on an approximate level with the rates which had been prescribed in 1929. In spite of this fact, the old Commission had permitted newspaper reports to the effect that the rates prescribed in 1933 were very materially lower than the rates which prevailed prior to that time. The evidence at the hearing before me disclosed these facts. At the conclusion of the investigation by the

THURSDAY, JANUARY 24, 1935.

509

new Commission in December 1933 the residential light and commercial power rates were reduced.
I am attaching hereto as Exhibit (e) a chart whiCh shows the reduction in rates for the average residential consumer.
In 1929 the average residential consumer consumed 474 KWH during the year. This chart will show the distribution of the KWH per month. It represents the average distribution for the average residen~ consumer. Under the 1929 rate,this average consumer paid $35.70 for the 474 KWH and under the 1933 rate fixed by the old Commission he paid
$35.05. Th~refore the reduction was less than 2%.
Under thP rate fixed by the new Commission he paid only $28.26 which was a reduction of 21% under the 1929 rate and a reduction of approximately 19i% under the 1933 rate.
This simply illustrates the figures shown on the chart attached hereto as Exhibit (e).
These reduced rates of the Georgia Power Company were made effective and have been in effect since December 1933. The saving to the customers of the Georgia Power Company throughout the state by reason of this reduction will exceed $1,200,000.00 per year.
The next company in size among the power companies of the state is the Savannah Gas & Electric Company at Savannah, Georgia.
The new Commission reduced the residential light rates of this company approximately $168,000.00 per year and the new rates became effective after the issuance of the order during March 1934.
The only remaining electric light and power company operating in Georgia of any significance was the Georgia Power & Light Company with headquarters -at Valdosta.

510

JouRNAL OF THE HousE,

The Commission issued an order reducing the rates of this company approximately $106,000.00. The Company fought this rate reduction orcler in the Federal Court and succeeded in getting an injunctmn which enjoined the enforcement of the reduced tate~
A subsequent rule nisi was issued to this company and after a new investigation,a new order was passed by the Commission reducing the rates of this company approximately $66,000 per year. The company again went to the Federal Court seeking an injunction. The Commission defended the case and its motion to dismiss the bill in the Federal Court was sustained. The Company then filed its application in Fulton Superior Court and after an extensive hearing three judges of the Fulton Superior Court denied the injunction and the reduced rates went into effect.
After the court had denied the injunction,the
Georgia Power & Light Company dismissed its peti-
tion in Fulton Superior Court at its own cost. Therefore, the Commission appointed by me has al-
ready reduced electric light and power rates approximately $1,450,000.00 per year when the old Commission had said that it was impossible to further reduce electric light and power rates in this state.
FREIGHT RATES There had been no general change in the level of freight rates as a whole in this state since 1928 and the new Commission in January, l934,immediately following the investigation into the light and power rates, instituted a general investigation into all class and commodity freight rates within the state. This investigation was very thorough and exhaustive and lasted for a period of approximately two months,ending in March 1934.

THt:RSDAY, }ANt:ARY 24, 1935.

511

Following the general investigation, on l'larch 1, 1934,the Commission issued its order reducing the rates on fertilizer and fertilizer materials approximately 30%. This order was enjoined by the railroads in the Federal Court.

On March 23, 1934, the Commission issued its class rate order reducing the rates on class rated traffic in Georgia approximately 27%. The Commission put these rates on the approximate level of class rates in the North and East. This class rate order was enjoined by the carriers in the Federal Court.

On April 10,1934, the Commission issued its order reducing rates on sand,gravel,crushed stone,etc., approximately 30%. This order was likewise enjoined in the Federal Court.

Subsequently the Commission revoked the orders

which had been enjoined.



The Commission on March 30, 1934, issued itsoroer reducing the rates on cotton. These reductions ranged from 40% to 50%. These rates were published and are in effect. They have been in effect since May 1, 1934. The estimated saving to the farmers in Georgia resulting from these cotton rates would not be less than $2001 000 or $300,000 per year.
The Commission on April 5, 1934, issued its order reducing the rates on cottonseed approximately 30%. These reduced rates on cottonseed have been in effect in this state since May 10, 1934, and are still in effect at an estimated saving of approximately $75,000 per year, or more.

The Commiss1on,after it had revoked its class rate order which had been enjoined, issued a new rule nisi in May 1934 and called the carriers back for further investigation,after the passage of the Johnson Bill.

After the conclusion of another general investigation, the Commission on July 21, 1934, issued its

512

JouRNAL OF THE HousE,

order reducing the rates on naval stores from 1~/o to 27%. These reduced rates were put into effect by the carriers and have been in effect in this state,at a great saving to the shippers, since August 20, 1934.
The Commission on July 21, 1934, passed its class rate order reducing class freight rates within the State approximately 18%. The carriers made an attempt to enjoin this order in the Federal Court but the motion of the Commission to dismiss the bill was sustained and the car:lers were forced to take their next step by going into the State courts. They did not attempt to enjoin this class rate order in the State courts but published the same and these reduced class rates have been in effect in Georgia since August 20, 1934.
In the meantime the carriers have filleda Thirteenth Section case with the Interstate Commerce Commission alleging discrimination against interstate commerce and asking the Interstate Comrnerce Commission to raise the intrastate rates to the interstate level in the South.
The Commission is defending this case before the Interstate Commerce Commission and hearings have been held in Atlanta and in Washington. The evidence has been concluded and the Interstate Commerre Commission will decide the case sometime next Spring. In the meantime,the reduction in class rates are in effect at a great saving to the shippers in Georgia. In this class rate case the Commission has produced much statistical data and information establishing the fact that the class rates in the South ought not to be maintained on a higher level than in the North and East.
On July 26, 1934, the Commission issued its order reducing the rates on petroleum and petroleum products approximately 17%. The carriers did not attempt to enjoin these rates in the courts and they have been in effect since August 31,1934.

THURSDAY, jANUARY 24, 1935.

513

The carriers have, however, filed a Thirteenth Section case with the Interstate Commerce Commission alleging discrimination against interstate commerce and seeking to have that commission raise the intrastate rates to the interstate level. This case is being defended before the Interstate Commerce Commission and the hearings have not been had. Sometime next year after the conclusion of the evidence and after the filing of briefs, the case will be decided by the Interstate Commerce Commission.
Therefore, the Commission appointed by me has been successful in establishing lower freight rates which are now in effect in the state on:
Cotton Cottonseed Naval Stores Class Rates Petroleum and petroleum pro-
ducts I am attaching hereto as Exhibit (f) the Commission's order on cotton; as Exhibit {g) the Commission's order on cottonseed; as Exhibit (h) the Commission's order on naval stores; as Exhibit (i) the Commission's order on class rates; as Exhibit (j) the Commission's order on petroleum and petroleum products.
PASSENGER FARES During the fall of 1933,the Commission instituted an investigation into the Pullman surcharge fares being maintained by the railroads in this state. Pending this investigation and after a hearing,but before the Commission had issued its order,the carriers voluntarily removed the Pullman surchange in Georgia and in the South. The removal of these Pullman surcharges became effective generally on December 1 1 1933. On January 12, 1934, the Commission issued its rule to all the carriers requiring them to show

514

JouRNAL oF THE HousE,

cause why passenger tares in Pullman cars and day coaches should not be reduced.
Hearings under the rule were conducted and at the conclusion or said hearing,and on March 16,1934,the Commission issued its order reducing the maximum basic passenger rare from 3.6 to 2 per mile,good in Pullman cars and in day coaches.
The carriers had,pr!or to the issuance or this order,voluntarily reduced the tares in day coaches to 1.5 per mile.
After the issuance or the Commission's order on March 16, 1934, the carriers voluntarily put into effect the passenger rare or 2,good in Pullman cars in Georgia. These tares have been in effect since the date fixed by the order. Georgia is the only state in the Union today in which a passenger can ride in a Pullman Car on a one~~Y ticket for 2 per mile. One~ay tickets in Pullman cars elsewhere in the South are 3 per mile. This rate also prevails in the West while in the East the basic rate or 3.6 per mile is still in effect.
After having published the reduced rates ordered by the Commission,the carriers filed a Thirteenth Section proceeding with the Interstate Commerce Commission alleging discrimination against interstate passengers and are seeking in said proceeding to have the Pullman tares in Georgia raised to the ;nterstate level.
The Commission has defended this case before the Interstate Commerce Commission and the hearings have been closed. The briefs will be filed in the near future and sometime next Spring the Commission will decide the case. In the meantime lower rates are in effect in Georgia. I am attaching hereto as EXhibit (k) a copy or the Commission's order reducing passenger tares.
RATES FOR MOTOR CARRIERS On February 7, 1934, the Commission issued i ts

THURSDAY. jANUARY 24. Hl35.

515

rule nisi directed to motor carriers in the state and required them to show cause why the present class rates being charged by them for the transportation of freight within the State of Georgia should not be reduced.
Under the rule an investigation was conducted by the Commission and after the record had been closed, on March 27, 1934, the Commdssion issued its order reducing the rates to be charged by motor carriers for the transportation of freight approximately 20% placing these rates on the same level as the class rates fixed in its first order. These reduced rates were put into effect on May 1, 1934, and have been in effect since said time. They are approximately
10% lower than the present class rates for rail
carriers which are under attack before the Interstate Commerce Commission. The truck operators in Georgia have not sought to enjoin the rates. A copy of said order of the Commission fixing rates for motor carriers above referred to is attached to this report as Exhibit (1).
In addition to the cases hereinbefore mentioned pending before the Interstate Commerce Commission, a number of the commodity rates in Georgia,and the class rates,are at issue in another proceeding pending before the Interstate Commerce Commission. The Jacksonville Chamber of Commerce and a number of Jacksonville shippers filed a Thirteenth Section case under the Transportation Act alleging that a number of the lower commodityrates, and the lower class rates in Georgia resulted in dis~rimination against Jacksonville shippers and brought about an unlawful preference in favor of Georgia shippers. Some of the traffic bureaus from adjoining states filed interventions in this case. The rail carriers in Georgia were the respondents and in their answer admitted the discrimination and asked that the discrimination be removed by raising the Georgia intrastate rates to the interstate level. Hearings were had in this proceeding at Jacksonv1lle./Flor1da,ahd at Brunswick,Georgia. The record has oeen closed, briefs have been filed and the Interstate Commerce

516

JouRNAL OF THE HousE,

Comrrdssion has the matter before it tor a decision. EXPRESS RATES
The Commission during the tall ot 1934 instituted a general investigation into the rates and charges ot express companies operating in Georgia. After a general investigation it obtained a material reduction in express rates throughout the entire state and the tariffs carrying these reduced rates have, within the past few weeks,become effective. These reduced express rates very materially affect smaller towns and destinations throughout the entire state. They have general application and will result in the saving of thousands of dollars to express shippers.
GAS COHPANIES Within the past few weeks the Commission has conducted a general investigation into the rates and charges of all gas companies,those who manufacture and sell their gas,as well as those who distribute natural gas. This investigation has been concluded. On the 6th day of December 1934 the Commission issued its order reducing the rates on gas sold by the Savannah Gas & Electric Company. The effective date of this reduction is December 10, 1934. This reduction is approximately 17% and will save the users ot gas at Savannah many thousands ot dollars each year. Orders were likewise issued reducing the gas rates of the other companies operating in Georgia and the effective date of the reductions istixed as of January lst, 1935, but on meter readings on and after February lst, 1935. These reductions vary in the various cities and tor the various companies. They are approximately as follows:
Americus 14-l% Athens . 16i% Augusta 15-i% Brunswick 10%

THURSDAY, JANUARY 24, 1935.

517

Gainesville lli% Valdosta . 9f% Waycross . l5% Atlanta lOi% Columbus 20% Gr1ff1n l3t% Macon ......... 17f%
Rome 13-i-%
The effect of the gas rate orders will reduce the amount paid for gas approximately $400,000.00 when based on last yearts consumption. In the event ~hese rate reduction orders are contested the Com~lssion will offer firm resistance and will defend any legal action taken by the companies to prevent the enforcement_of the orders.
The various reductions in rates made by the Commission appointed by me,1nclud1ng.reductions in telephone rates,power and light rates,freight rates, motor carrier or truck rates,express rates,gas rates,and passenger fares,will,I confidently believ~ save ~he public not less than ten million dollars annually.
I am firmly convinced that the Commissioners appointed by me,to wit: Hon. Jud P. Wilhoit,Chairman; Hon. George L. Goode; Hon. Thos. K. Davis; Hon. Ben T. Hulet; and Han. J. B. Daniel, have striven to carry out the wishes and solemn mandate of the Sovereign people of Georgia with respect to utility rate matters. The progress which they have made attests their efforts and demonstrates the fact that the member~ suspended by me had been grossly negligent and had deliberately failed to discharge their solemn duties under the law.
In most 1nstances,as herein stated,the various utilities have stubbornly fought these reductions and have litigated every step of the way. They fought through the Federal and State Courts and the railroads have carried their fight to the Interstate Commerce Commission in some instances,as herein stated. They have been met by a firm and determined

518

JouRNAL OF THE HousE,

resistance in each and every instance and the results which have been accomplished attest the efforts of the new commission appointed by me, and show that I was right in my judgment as to all of these matters when I suspended the members of the old commission. The old commission contended that rates could not be reduced,but they have been.

As stated hereinbefore, I have not attempted to set out in detail every one of the reductions made, but I now refer the General AssemblY to the Commission's Sixty-first (6lst) and Sixty-second (62nd.) Annual Reports for a more comprehensive report as to all of their acts and orders reducing rates.

The Commission, in all of its investigations and 1n its litigation,has been represented by the Attorney General and his staff of Assistants,and in some instances assisted by other counsel. Their splendid cooperation in all of these matters is attested by the results obtained.

For all of the reasons stated,and in the public interest,I, therefore,respectfully ask that, after a consideration of this matter the General Assembly approve my action in suspending the former Public Service Commission from office.

Respectfully submitted,

Eugene Talmadge,

GOVERNOR OF GEORGIA.
Dated at Atlanta, Georgia, This the 24th day of January, 1935.

TO THE GENERAL ASSEMBLY OF GEORGIA:

I have submitted to you my report of the reasons

for suspending Honorable James A. Perry, Honorable

JPuelrerywT. .

Knight, Felton,

Honorable A. and Honorable

J. Woodruff,Honorable Walter R. McDonald

from office as members of the Public Service Com-

mission of Georgia by executive order under date ot

THURSDAY, jANUARY 24, 1935.

519

July 21, 1933. This order of suspension was effective as to the
term of Honorable A. J. Woodruff which expired November 3Q, 1933, and on December 1, 193q, byexecutive order I suspended from office Honorable A. J. Woodruff for the term beginning December 1, 1933, and reappointed Honorable Geo. L. Goode to serve until action upon such suspension should be taken by the General Assembly.
The report before you as to my reasons for suspending the entire Commission on July 21, 1933, is full and complete and contains the reasons moving me in passing the order of December 1, 1933, again suspending Mr. Woodruff. I considered that he was laboring under the same disqualifications and disabilities on that date as on July 21, 1933 and acted accordingly.
Therefore,for the reasons stated,and in the public interest,I,therefore,respectfully ask that, after a consideration of this matter,the General Assembly approve my action in suspending Honorable A. J. Woodruff from office under executive order of December 1, 1933.
Respectfully submitted, Eugene Talmadge,
GOVERNOR OF GEORGIA. Dated at Atlanta, Georgia, This the 24th day of January, 1935.
EXHIBIT "A" BE IT RESOLVED by the Georgia Federation of Labor through the undersigned,its Executive Board,that J.
c. Savage,counsel for said Georgia Federation of
Labor,be and he is hereby directed to present a petition,on behalf of the Georgia Federation Gf Labor,to His Excellency, the Governor of Georgia,requesting the suspension and removal of each and

520

JouRNAL or THE HousE,

every member of the Public Service Commission of Georgia, and that said petition be prosecuted to a final determination.

This 6th day of June, 1933.

(signed (signed signed signed signed signed signed

J.Sid TillerL President

W.B. Jones, Vice Pres.

T.L. Elder, Vice Pres.

Heyard Rivers, Vice Pres.

wJ.O.c..

Morgan, Vice Pres. Jeffries, Vice Pres.

O.E. Petry, Sec.-Treas.

GEORGIA, FULTON COUNI'Y

TO HIS GEORGIA:

EXCELLENCY,

EUGENE

TALMADGE 1

GOVERNOR

OF

Pursuant a resolution adopted by its Executive Board, the Georgia Federation of Labor files this its petition to Your Excellency requesting the suspension and removal of each and every member of the Public Service Commission of Georgia, and respectfully submits for your consideration the following facts.

First.

Section follows:

2618 1

of

the

Code

of

Georgia,provides

as

"Any Commissioner may be suspended from office by order of the Governor 11

And, Section 2620 of such Code,provides that

11 In any case of suspension,the Governor may fill

the vacancy until the sus~ended Co~~~s~~ner is

restored or. removed......

-

D

second.

The Georgia Federation of Labor is composed of

THURSDAY, ]ANUARY 24, 1935.

521

more than thirty thousand citizens of the State of Georgia, who are patrons of public utilities of this State, and who are vitally interested in the integrity of Government and the fixing of fair and equitable rates by public utilities.

Third.

Before applying to Your Excellency to exercise your executive authority to remove and replace the members of the Public Service Commission~ your petitioners first eXhausted the means provided by law for obtaining relief from oppressive utility rates. An exhaustive study was made o! conditlons and a respectful and urgent appeal made to the Public Service Commission for relfef,but their efforts were unavailing and there is now no alternative offered, except to appeal to the Governor of this State to afford the relief which has been denied.

Fourth.

On October 5 1932, the Democratic party,in con-

vention followin

gassdeemclbairead~1iaodno:pt

e

d

a '

platform

containing

the

"Railroad rates,power and light rates,and telephone rates are unreasonable,and should be reduced to a pre~Nar basis,in ,the line with other commodities. The collection of a service charge by public utilities is unjustified and should be discontinued. The valuation of public utilities for rate making and for taxation should be the same."

Fifth.

The Public Service Comrnassion of Georgia is delegated by the Legislature to set as the agent of the people, and it is their duty to represent the people of Georgia in obtaining service from public utilities at reasonable rates. Your petitioners ~ charge, as will appear more specifically hereinafter, that the Public Service Commission of Georgia

522

JouRNAL oF THE HousE,

has wholly .failed to carry out the purpose .for whic.h it was created, and by its acts o.r misfeasance and malfeasance has betrayed the trust which is reposed in it, and should be removed .from public o.f.fice.
Sixth. It is well known to the Public Service Commission o.f Georgia that the cost of generating electric current is less than one-fifth o.f one cent per KWH, but notwithstanding this fact,they have adopted a rate which requires the domestic consumer of electrical current to pay twenty cents per KWH,.for the first unit o.r current .furnished,which is one hundred times the cost o.f manufacture. Your petitioners charge that such a rate is eXhorbitant and unreasonable,and that any public o.f.ficer allowing such a rate is a menace to the people of this State and should not be continued in office.
Seventh. Your petitioners show that electrical current can be profitably manufactured and delivered to the domestic consumer for two cents per KWH and in support of such a statement we respectfully submit that the prevailing price for current to the domestic consumer in Canada,just across the American border, is one and one-half cents per KWH, while the average cost in this country and in Georgia is in excess of five cents. Private companies,as the Federal Trade Commission's reports disclose,operate in Canada at a generous profit, and at the same time deliver their current .for one and one-half cents per KWH, as above stated. Notwithstanding the fact that this is well known to the members of the Public Service Commission,they have consistently and arbitrarily declined to afford the citizens o.r Georgia adequate and equitable relief.
Eighth. Your petitioners charge that the Public Service Commission permit,aid and abet the Georgia Power

THURSDAY, JANUARY 24, 1935.

523

Company 1n obtaining and maintaining a monopoly in the State of Georgia by allowing the purchase of electrical generating and distributing plants throughout this State at exorbitant figures,allowing them to be abandoned and dismantled,but at the same time added to the capital structure of such company for ratA making purposes. Petitioners are informed,and therefore charge,that in one instance a plant in this State,which had originally cost sixty-five thousand dollars was purchased by the , Georgia Power Company for one hundred forty-five thousand dollars,dismantled and sold for junk for five hundred dollars,and was added to the capital structure for rate making purposes at the full purchase price. Petitioners charge this to be an unlawful and fraudulent act,justifying and demanding the removal or the Public Service Commissioners.
Ninth. Petitioners charge that in numerous instances throughout the State that the Georgia Power Company has purchased potential water sites,which will not be developed during the present generation,!! at any time. Petitioners charge that such purchases are made to prevent the possibility of competition and to further the interests of a monopoly, and that the interest for carrying undeveloped water power sites which are neither used nor useful in the operation of the company,is borne by the people or Georgia, and that such is unreasonable and unfair to the consumers of Georgia.. Public Service Comrnissioners,who knowingly permit this condition to exist are a detriment to this State and should be removed. Petitioners charge that the Georgia Power Company pays a gratuity to the Commonwealth and Southern Company,amounting to approximately three hundred thousand dollars per year,the same being based upon a percentage of gross receipts. That neither the Georgia Power Company nor the consumers of this State reap any benefit or service for this money and that the payment of same is unlawful and . unjust. Petitioners charge that a Public Service Commission who permit the exacting of such a tribute

524

JouRNAL oF THE HousE,

from the citizens or Georgia are unworthy of their office and should be removed.

Tenth.

With the consent and approval or the Public Ser-

vice Commission or Georgia, the Georgia Power Com-

pany engages in a mercantile business,distributing

electrical appliances,in competition with the le-

gitimate merchants or this State. During the year

1931, this department of the Georgia Power Company

sustained a loss or $144,402.50 which loss has

been passed on to the public. Petitioners charge

this to be illegal,unequitable and an unjust impo-

sition upon the consumers or current and the mer-

chants or this State. Pe~itioners charge the Public

Service Commission or Georgia with acts or malfea-

sance in office in that they aid and abet the Geor-

gia Power Company in circulating false and mislead-

ing statements concerning the business of the Geor-

gia Power Company and the rates charged,in that

said Commission and the Georgia Power Company,in an

effort to deceive the public state that Georgia

enjoys one or the lowest rates in the Nation and a

rate which cannot be further reduced. These state-

ments your petitioners charge are wilfully,knowing-

ly and maliciously false for that under the revised

schedule of rates the Georgia consumer pays for the

first sixty KWH of current consumed monthly,the sum

of $3.78. Rates prevailing in ten other cities

from Canada in the North, to Florida in the South,

from New York in the east to California in the West,

are as follows: Washington,D.c. $2.52; Los Angeles

$2.31; $2.65;

Chicago St.Louis

$2.88; $2.59

;

BBaultfifmaolore1~2.$128.8

6i Detroit
~leveland

$2.80; Seattle $2.60; Milwaukee $2.62. - The average

for the ten cities named is $2.60, as compared to

the Georgia rate of $3.78, showing the rate in Geor-

gia to be 45.4 higher than the average rate pre-

vailing in the ten cities named.

Eleventh.

The City of Jacksonville maintains a more advan-

THURSDAY, jANUARY 24, 1935.

525

tageous rate than the rate prevailing in Georgia and at the same time makes a sufficient profit to pay more than sixty per cent of the entire cost of government in that City. The Jacksonville rate provides for fifty cents for the first seven KWH,as compared to the Georgia rate of one dollar for the first five KWH.
Twelfth. Petitioners show that beginning in November of 1932, the Public Service Comrndssion proceeded through. the formality of a hearing to bring about a reduction in rates. On March 25, a report was rendered by said Commission. Said report was released on Saturday,for publication in Sunday papers and carried exorbitant statements as to the reductions effected. The Commission contended that it had removed the service charge to the domestic consumers. Your petitioners charge that the service charge was removed in name only and that the reductions effected were nil. In rendering said report, your petitioners charge that the Public Service Commission knowingly and wilfully attempted to mislead and deceive the public with reference to the effect of their findings. The reductions granted were as follows: Of the total numbers of consumers, 9,900 or 9 1/4 per cent, received a monthly reduction of 23t 19,600, or 18.3 reqeived a reduction of.l4t; 17,800 or 16.6 received a reduction of 4t; 8,800 or 8%
received a reduction of 8t; 51,000 or 47.65 of the
total customers of the company received a reduction of only 21 per month. The service charge was removed in name only. The KWH rate being increased a sufficient amount to absorb the service charge, and resulting in no saving to the public.
Thirteenth. Petitioners charge that such fraudulent and deceptive practices should not be tolerated,and that the Commissioners should be removed for such.

526

JouRNAL OF THE HousE,

Fourteenth.

Petitioners charge that the Georgia Power Company

and the Alabama Power Company are owned and con-

trolled by the Commonwealth and Southern Company.

That during the year 1931, these companies engaged

in the practice of exchanging current,one with the

other. That the Georgia Power Company sold and

delivered thro~hout each month of said year,current

for 2 mills per KWH. That throughout each month of

said year,they repurchased from said Alabama Power

Company current,for which they paid 4 mills per

KWH, and that this practice is a loss to Georgia

citiz this

en to

s

o be

f

i

$601 lleg

a1 4l

50.0 and

0. f

r

a

Your pe udulent

tition pract

ers ice

charge and that

such facts are well known to the Public Service Co~

mission of Georgia,and they wilfully and fraudulent-

ly approve and P.ermit such practices to continue,to

the detriment of the citizens of this State. Peti-

tioners charge this to be an actual fraud against

the people of Georgia,aided and abetted and parti-

cipated in by the members of the Public Service

Commission.

Fifteenth.

Petitioners charge that the Georgia Power Company

values its proverties for the tax purposes at

ap er

proximat Company

ely cla

$45 ims

,

000 the

1

000.00 actual

.

v

Tha alue

t th of

e GeorgiaPowtheir prop-

erties ~o be in excess of $261,000,000.00. That

the Public Service Comrrdssion~ ih its report of

April 29,1963,places a valuation of $152,133,600.00

upon the properties of this Company and fix the

rates accordingly. Your petitioners charge that

this is an unlawful and unequitable discrimination

as between the taxing authorities of this State and

the consumers of current,and in conflict with the

solemn pledge of the Democratic Party, under which

they held office. That to allow such a condition

to exist constitutes a fraud upon the people of the

pledge of Georgia and a violation and repudiation

of the solemn pledge of the Democratic party.

THURSDAY, jANUARY 24, 1935.

5Zl

Sixteenth. Your petitioners charge the Public Service Commission of Georgia with gross neglect and wilful repudiation of the principles of the Democratic Party, in that while said party is pledged to a reduction in all utility rates,no gesture has been made towards reducing said rates. Eight months have elasped since the adoption of said platform and the giving to the people of the pledge of the party,and the commission has negligently and wilfully wholly disregarded said pledge.
Seventeenth. An application was filed with the Commission,seeking a reduction in street car fares in Atlanta. Thm application has apparently been ignored,for a hearing was had months ago and no action has been taken.
Eighteenth. Petitioners charge the Public Service Comrr.dss1on with gross negl1gence,incompetence and inefficiency in that they do not possess any accurate inventory and appraisal of the properties of public utilities in Georgia,but arrive at an arbitrary valuation in a haphazard manner,relying largely,!! not entirely, upon the estimates furnished by the utilities. That this conduct warrants and demands the removal of the members of this office of the entire commission.
Twenty-second. Petitioners charge upon information and belief that a very large portion of the construction and maintenance work done by the Georgia Power Company is performed by affiliated companies,that is,compan1es whose stock is owned by the commonwealth and Southern,which also owns the Georgia Power Company. Petitioners charge that excessive prices have been paid to affiliated companies for such work of construction and maintenance,all to the detriment of the public.

528

JouRNAL oF THE HousE,

WHEREFORE, the foregoing considered, your petitioners respectfully pray that your Excellency, in the exercise of your executive authority, remove instanta each and every member of the Public Service Commission of Georgia, and replace them with men who will honorably and faithfully discharge the duties of this body.

Respectfully submitted,

GEORGIA FEDERATION OF LABOR

By

J.G. Savage (signed)
GENERAL COUNSEL

GEORGIA, FULTON COUNTY.

I, J. Sid Tiller, being first duly sworn, on oath

depose and say that I am President of the Georgia

Federation of Labor, and authorized by it to make

this affidavit. I have carefully read the fore-

going petition and I solemnly swear that the state-

ments contained therein, so far as they come within

my own knowledge the knowledge of

are oth

ti~e
ers,

I

and where derived from verily believe them to

be true.

J. Sid Tiller (signed)

Sworn to and subscribed Before me. This 6th day of June, 1933.

Jas. A Miller (signed) Notary Public Fulton County, Ga.

EXHIBIT B 11 11

The foregoing petition read and considered. The

members of the Georgia Public Service Co~sslon~

namely, James A. McDonald, Albert

Perry, Perry T. J. Woodruff and

KJunlieghwt,.

Walter K. Felton are

THURSDAY, JANUARY 24, 1935.

529

hereQy directed to appear before me at 11 o'clock,

A.M.
any

t

on t hey

he ca

26 day n, why t

ot June, hey shou

l

d19n33o1t

and show cause,it be dismissed from

the Georgia Public Service Commission.

Said Commissioners are ordered to produce at said hearing,an itemized inventory and appraisal ot all properties of public utilities in Georgia, which are considered by said Commission tor rate making purposes.

Said Commissioners are further ordered to produce at said hearing,a schedule ot rates for each type of service tor gas, power and telephones,beginning January 1, 1918, and continuing through to the present time.

Said Commissioners are also ordered to produce and have at said hearing records showing additions to various utility properties in this State, and on tile with said Commission, together with information concerning the management and ownership ot companies furnishing materi.al and services in building ot such additions.
It is further ordered that a copy ot this peti-
tion and order be served upon the Chairman of the Public Service Commission.

WITNESSETH, the hand and seal ot the Governor ot Georgia.

This 6th day ot June, 1933.

EUGENE TALMADGE (signed) SEAL
GOVERNOR

EXHIBIT "D"

A petition was tiled with me on the sixth day ot June, praying tor a suspension ot the members of the Public Service Commission on various grounds,consist1ng ot domination by the Public utility interest,neglect of duty,publish1ng false propaganda a-

530

JouRNAL OF THE HousE,

bout rate hearings,and increasing rates at a time when everything else was declining.
I issued a rule nisi and called on the members of the Public Service Commission to show cause why the prayers of this petition should not be granted.
The hearing began on the 26th day of June and terminated on Monday, July 17th.
This hearingdeveloped that sometime in the tall of 1931 an order was passed by three members of the Public Service Commission providing that members of the Public Service Commission and employees or the Public Service Commission ride on railroad passes. An order was also passed providing that members of the Public Service Commission issued identification cards to themselves and employees of the Public Service Commission allowing them to ride on busses.
The evidence developed that all of the members or the Public Service Commission were guilty of riding on bus and railroad passes,with the exception of James A. Perry. Mr. Perry stated that he made one trip to Columbus on a bu~ and did not pay them but did not produce his pass or identification card.
The evidence as to newspaper statements issued by the Chairman of the Board and concurred in by members or the Board extol! the large amounts they had saved the public on rates showed that they were incorrect.
Evidence also developed showed that on December 28,1930, the Public Service Commission of Georgia adopted the emergency increase or railroad rates without a single exception.
The evidence also showed that Georgia enjoyed a peculiar distinction in this respect, as most of the Public Service Commissions in other States made long lists of exceptions.
The evidence also showed that the members of the

THURSDAY, jANUARY 24, 1935.

531

Commission issued statements that they could not have done otherwise than to adopt the emergency rates in their entirety. This unanimous statement by the five members of the Public Service Commission demonstrated beyond doubt their incompetence and total ignorance of the law in approving or disapproving freight rates.
The evidence showed that telephone rates had been greatly increased in this state from their pre-war levels,and that no effort had been made by the Public Service Commission to lower them.
The evidence also demonstrated that issuance or stockS and bonds was granted by all members or the Public Service Commission to some or the public utilities without proper consideration by the Public Service Commission.
The evidence also demonstrated that the light and power rates or all the power companies in Georgia were too high.
The evidence also demonstrated a high valuation or all or the property of the public utilities for rate making purposes. This was especially noticeable when the returns or the public utility property for taxation were observed.
The evidence also developed that the members or the Public Service Commission had exercised no diligence in procuring intelligent valuation and keeping progressive valuation on the public utilities over which they had supervision.
The evidence also showed that Chairman James A. Perry alternated with the Georgia Power Company in using a young lady from the Georgia Power Company as secretary. To clarify the above statement, Mr. Perry hired a young lady as Secretary who was then employed by the Georgia Power Company. This young lady worked for the Public Service Commission for a few months and would then go back to the Power Company,then be recalled to the Public Service Com-

532

JouRNAL OF THE HousE,

mission where she has worked until this date.

The evidence also demonstrated that Mr. A.J. Woodruff wrote letters to bus companies suggesting the employment of his son, William Woodruff, as a lawyer by the bus companies over which the Public Service Commission has supervision and control.

andThWe aelvtiedrencc. eMaclDsoonadldemhoandstrreaqteudestthedatthAe.Ji.ssWuaonodcreuff
of passes to individuals by bus companies over which the Public Service Commission has supervision and control.

JuTlehewe. vFideelntocne

demonstrated and and Perry Knight

it was admitted by that they rode on

and used passes on the railroads and identification

cards on busses.

The only protection that the public has in rates and services from Public Utility Companies must be through the Public Service Commissioners of Georgi~

The Public Service Commissioners do not act solely in the capacity of Judges but they are agents of the public to see to it that the strong do not encroach upon the weak.

They are also agents of the public to see that monopolies consummated in this State do not oppress the people.

Moses in delivering a charge to th~ sub-judges of Israel, beginning in the 18th Chapter of Exodus and continuing through several chapters made the following statements; Thou shalt not wrest judgment; thou shalt not respect persons; neither take a gift,for a gift doth blind the eyes of the wise and pervert the words of the righteous.

Whenever these fundamental principles of law are violated injustice is done.

For the above reasons and considering all of the

THURSDAY, jANUARY 24, 1935.

533

evidence developed in the hearing,I am of the opinion that all of the members of the Public Service Comm1ssion of Georgia should be suspended until the regular meeting of the General Assembly of Georgia.
James A. Perry of Lawrenceville is suspended from the Public Service Commission and his place is filled by Jud P. Wilhoit of Warrenton.
Walter c. McDonald of Augusta, is suspended from
the Public Service Comrndssion and his place is filled by J.B. Daniel of LaGrange.
Perry Knight of Valdosta is suspended from the Public Service Commission and his place is filled by Tom Davis of Meigs, Ga.
Albert J. Woodruff of Winder is suspended from the Public Service Commission,and his place 1s filled by George L. Goode of Carnesville, Ga.
Jule w. Felton of Montezuma, Georgia, is suspend-
ed from the Public Service Commission, and his place is filled by BenT. Huiett, of Atlanta, Georgia.
EUGENE TALMADGE Governor
July 21, 1933
BY THE GOVERNOR:
T.M. Linder Secretary Executive Department.
EXHIBIT E11 11 In 1928 the average residential consumer of the Georgia Power Company consumed 474 KWH. Distributing these KWH throughout the year by months on the basis used by the Georgia Power Company as representative of the use we find that the rates fixed by the old Commission in 1933 as compared w1 tll the

534 .

JouRNAL OF 'I'HE HousE,

rates fixed by the Commission appointed by me in 1933 as follows:

1929 to 1933 Rate 1933 Rate 6-1-1933 Fixed by Fixed by
Rate Old Com. Com. Appointed by Me.

January 43

February 48

March 45

April 41

May

36

June 34

July 25

August 31

Sept. 35

Oct. 42

Nov. 46

Dec. 48

474

KWH $3.15

H

3.40

It

3.25

"It

3.05 2.80

II

2.70

It

2.25

It

2.55

"

2.75

II

3.10

It

3.30

It

3.40

$35.70

$3.08 3.31 3.18 2.99 2.77 2.68 2.20 2.55 2.72 3.04 3.22 3131 $35.05

$f..53 2.78 2.63 2.43 2.18 2.08 1.63 1.93 2.13 2.48 2.68 2.79
$28.26

The fixed

actual by the

sav old

i

nCgo6mthmeisrseiofonr

e,u to

nde the

r a

the vera

1933 rate ge resi-

dental customer was only 65 per year,or less than

~.

The actual saving under the rate fixed by the new Commission in 1933 was $7.44, or more than 21%.

Of courseLsome of the residential customers used more than 4t4 KWH per year. In previous rate reduction most of the benefits have been derived by the larger consumers,while in the rate reduction audit by the new Commission the smaller consumers were given the greater benefits in order to more nearly even the situation up. The consumer who used less than 474 KWH per year would receive a reduction greater than 21%, while those who used more KWH would proportionally receive a less percentage reduction,but a greater reduction in dollars and cents per bill.

THURSDAY, JANUARY 24, 1935.

535

EXHIBIT "F11

Docket No. 18,825 18,212.
March 30, 1934.

IN RE: General Revision of class and commodity rates between points within the State of Georgia.

BY THE COMMISSION:

The Georgia Public Service Comm1ssion,on its own initiative,issued its rule nisi on August 17, 1933, which rule was amended September 27,1933. Under the rule nisi as amended,all carriers were called upon to show cause why freight class and commodity rates between points within the State of Georgia should not be reduced.

Hearing on the rule was continued by proper orders until January 8, 1934, on which date all inte~ ested carriers filed appearances and the general investigation was begun. This hearing and investigation was full and complete; it was conducted from day to day. After the completion of the carriers' testimony on general freight class rates, the investigation on commodity rates proceeded.

After the carriers had concluded their testimony, the hearing was adjourned until March 5 1934, at which time witnesses who testified for the carriers were called and cross-examined.

The shippers and the public were duly notified and attended said hearing and took a part thereinby and through their duly authorized representatives.

Much historical and statistical date was placedon the record concerning the general operations of all the carriers involved.

The entire investigation,both as to class and co~ modity rates, has been concluded and the record closed.

536

JouRNAL or THE HousE,

The Commission now has before it for consideration said entire record,and,after full and complete consideration of the same,now proceeds to make its findings and issue an order as relates to cotton.
The present maximum rates prescribed by this Commission for the transportation of cotton between points within the State of Georgia became effective November 15, 1923 (docket No. 15,416). It is common knowledge that at the time docket 15,416 went into effect the farmers were receiving around 30 cents per pound for their cotton.
On September 6, 1932, the Georgia Public Service Commission! in docket No. 18,212i issued an order, upon petit on of the carriers,re ating to the rates on cotton. The findings of the Commission,in its opinion,recited among other things,as follows:
"At the time the present rates were prescribed (November, 1923) by the Commission motor truck transportation was unknown." "The transportation of cotton by motor truck has been increasing in volume each year during the past five years and has made great inroads into the rail carriers' revenues. This is indicated by the witnesses for the Atlantic Coast Line who testified that five years ago the average revenue received by the Atlantic Coast Line each year on its cotton traffic was from $1,250,000.00 to $1,500,000.00, but the revenue on this traffic has been decreasing each year and for the season ending July 31, 1932, the total revenue by the Atlantic Coast Line on its cotton traffic was only $73,000.00. Similar testimony was presented by the witnesses tor the Central of Georgia Railroad and other rail carriers. The record shows that during the past three years the rail carriers have attempted to hold the cotton movement to their lines by publishing competitive rates from ooint to point as ap-

THURSDAY, jANUARY 24, 1935

537

proved by the Commission,but these so-called competitive rates have only controlled the movement to the rail lines to a very limited extent and it is plain that it is for this reason the carriers are proposing the very drastic reduction in this case."

"It is the observation of the Commission that the great preponderance of the cotton now moving by motor truck creating the competition which the carriers here seek to meet, is being hauled by motor trucks that do not come under jurisdiction of this Commission Many cotton dealers have purchased motor trucks and are performing their own transportation service."

In the 1932,the

order of carriers

the Corr~ission were

of

September

61

"authorized to publish truck competitive rates on cotton to expire July 31, 1933, unless sooner cancelled, changed or extended."

Since the issuance of the above order these truck competitive rates have been,and now are,in effectin Georgia and during the years 1932, 1933 and thus far in l934,have been the going rates and the measure of compensation received by the carriers for the movement of cotton intrastate in Georgia. The record in the present investigation repeatedly discloses that this rate is,in the opinion of the carriers,compensatory and affords the only means by which the carriers have been enabled to regain and hold a material portion of this class of traffic.

Georgia is primarily and essentially an agricultural State and the ability of the people of Georgia to purchase transportation is based on the value of the farmers' dollar. It is common knowledge that the value of cotton on todayrs market is about 12 cents per pound; it requiring 2! pounds of cotton at todayts market price to return the farmer the same nUlllber of dollars that he received for 1 pound

538

JouRNAL OF THE HousE,

of cotton at the time the present maximum rates were put into effect in 1923.

The Interstate case,reported in

C17o8mmIe.rcce.Cco.m, maitsspioang,ein5a63r,ecseanidt :

"The relation or the general level or freight rates to the general level of commodity prices is a factor which cannot be dlsregarded,particularly in a time of general financial prostration. Stated in another way,it means consideration of what the traffic can reasonably be made to bear.n

It then quoted from the Supreme Court in the Ann Arbor Railroad Company case vs. United States:

"The causes of suffering are not only the great shrinkage in volume of business done but in the violent fall in the prices received for the products,a fall which has not been experienced by the carriers in the prices which they receive for their service. The fall in the price level in the case of agriculture has been of extraordinary severity so that many branches of that industry are in a state of unprecedented collapse and prostration High rates do not necessarily mean high revenue,however,if the public cannot or will not ship in normal volumedless revenue may result than from lower rates.

The words of the court are conclusively proven in the history of cotton rates in Georgia for,as stated above,according to the testimony of Atlantic Coast Line Railroad Company witnesses, their revenues decreased from $1,250,000.00, or $1,500,000.00 annually to $73,000.00 annually under the high rates prescribed in l923,which are still the maximum rates prescribed by this Commission and now in effect,and the rail carriers,recognizing that greater revenue would be derived from lower rates, requesting the Commission to permit them to put into effect truck competitive rates which still pre-

THURSDAY, jANUARY 24, 1935.

539

vail in Georgia. It is common knowledge that the rates fixed in
1923 by the Commission were largely determined by the Water competition existing at that time. When water competition was present on the navigable streams of Georgia,rates were made to key points where competition existed.
However,the march of progress and the desire for speedier forms of transportation have practically eliminated river boats and barges,and today we find the carrier faced with a competition that moves on our system of highways,namely,truckS.
Truck competition is present and is known to be a stable,permanent form of transportation that the railroads must recognize,and it is the opinion of this Commission that rates of a permanent nature must be prescribed that will lend stability to the rail rate structure such as will move the traffic so that the tonnage may be brought back to the railroads in order that they may escape the present threat of financial ruin. The public is also interested to the extent that contracts of the various industries may be made with regard to the permanency of the rates under which commodities must move.
It is a maxim of business ~ompetition that the price charged is controlling. The carriers have literally honeycombed the continental area of-the United States with truck competitive tariffs. We fully realize the need or importance of adequate railway facilities,however,the increasing number of truck competitive taritfs,in view of the decline in railway traffic lost to motor carriers,demand that we point out the fact that the shipping public cannot be expected to wait an indefinite period of uncertain experimentation. The competition with motor trucks,which the cartiers themselves admit had practically destroyed their traffic in cotton until these truck competitive rates were put into effect by them,is permanent. The going rates for cottonin this State are the trucl<. competitive rates which the

540

JouRNAL oF THE HousE,

carriers established by authorization of this Commission on September 6, 1932, and which have been in effect since that date,and it is the opinion of this Commission that we should,by proper order, make this the maximum reasonable rate for the movement of cotton intrastate between points within this State,and thereby lend stability and permanency to the rate which the railroads must use if they expect to move this commodity.
We are convinced that the carriers' attitude with respect to the rates on cotton indicate that the experiment with this truck competitive rate has been successful and has warranted a continuance of this rate. It is undoubted that their revenues from this haul has materially increased since the carriers found it necessary to petition the Commission for the order permitting the rates.
We find,upon consideration of the record in this case,that the present schedule of rates on cotton applicable on Georgia intrastate traffic on this commodity,which were established and became effective November 15, 1923, are grossly unjust, unreasonable,excessive and exorbitant and should 'be reduced.
We further find that the schedule of rates which were fixed voltmtarily by the carriers and authorized by this Commission as truck competitive rates on September 6, 1932, are just and reasonable rates for application on the movement of cotton intrastate between points within this State and are just and reasonable maximum rates which are commensurate with the value of the service rendered by the carriers and which are just and reasonable to the carriers.
An order for the future will be entered in accordance with the above findings.
J.P. Wilhoit Chairman.

THCRSDAY, ]ANCARY 24, 19:)5.

541

Docket No. 18,825, 18,212.

IN RE: General Revision of class and commodity rates between points within the State of Georgia, Rule Nisi before Georgia Public Service Commission.

After consideration of the record in the above stated case,and in accordance with the opinion and findings of this Commission,it is,

ORDEREB: That effective on and after May 1, 1934, and until further order of this Commission,the rates shown in Appendix "A11 , attached hereto and made a part of this order,shall be the maximum rates to be charged for the transportation of Cotton as described in Appendix A 11 11 by all rail carriers operating in the State of Georgia, for single and joint line application.

ORDERED FURTHER: That the joint rates prescribed in the foregoing order shall be divided on the same basis and under the same condition as prescribed in the Commission's order dated December 7, 1927, effective January 15, 1928, Docket 16,415.

Subject to further order of the Commission.

BY ORDER OF GEORGIA PUBLIC SERVICE COHMISSION.

J.:M. Forrester Secretary.

J.P. Wilhoit Chairman

542

JouRNAL oF THE HousE,

APPEND IX A II II

Rates on cotton, Joint and Single Line

(Rates in cents per 100 pounds)

Distances

5 Miles

10 II

15 It

20 II

25

11

30 II

35 II

40 II

45

II

50 II

55 II 60 II 65 II 70 11 75 II

80 II

85

II

90 II

95 !!

100 It

105 II 110 II 115 II 120 II 130 11

140 II 150 It 160 11 170 It 180 II

Descriptions - 7 A - 1B9
7 19 7 19 7 19 7 19
7 19 7 19 8 20 9 21 10 22
10 22 11 23 12 24 13 25 14 26
14 26 15 27 16 28 17 29 17 29
17 29 17 29 17 29 17 ?9 18 30
18 30 19 31 19 31 20 32 20 32

Distances 190 Miles 200 II 210 11 220 II a30 II

Descriptions

A

B

21~

22 34

23 35

24 36

25 37

240 II 250 II 260 II 270 II 280 II

26 38 27 39 27 39 29 41 30 42

290 11 300 11 310 II 320 It 325 II

31 43 32 44 33 45
34 46

330 11 340 u 350 II 360 It 370 II

35 47 36 48 37 49 38 50 40 52

380 II 390 II 400 II 410 II 420 11

42 54 43 55 44 56 45 57 47 59

THFRSDAY, JANUARY 24, 1935.

543

DEFINITION OF SCALES Description A - Cotton(other than absorbent,carded
or dyed)in bales uncompressed, any quantity,to go through to destination uncompressed. Except as provided in Note 1 below,rates apply for direct shipment on through bills of lading from origin to destination. Cotton(other than absorbent, carded or dyed),delivered to carrier in compressed bales,any quantity. Except as provided in Note 1 below, rates apply for direct shipment on through bills of lading from origin to destination. Description B - Cotton(other than absorbent,carded or dyed),in bales uncompressed,any quantity~with privilege of compression 1n tra.nsit in accordance with transit tariffs lawfully on file with the Commission. Rates include an allowance of 12 cents per 100 pounds for compression when the privilege of Compression is exercised. Except as provided in Note 1 below,rates apply for direct shipment on through bills of lading from origin to destination. NOTE 1 - Rates will also apply on cot~on accorded transit privileges under tariffs lawfully on file with the Comrrdssion. NOTE 2 -An additional charge of 5 cents per bale may be assessed to cover expense of unloading whenever carrier unloads or pays for unloading except at its freight depot at destination.

544

JouRNAL oF THE HousE,

EXHIBIT "G"

Docket No. 1189,,8123511.

April 5, 1934.

IN RE: General revision of class and commodity rates between points within the State of Georgia.

BY THE COMMISSION:

The Georgia Public Service Commission,on its own initiative,issued its rule nisi on August 17, 1933, which rule was amended September 27, 1933. Under the rule nisi as amended,all carriers were called upon to show cause why freight class and commodity rates between points within the State of Georgia should not be reduced.

Hearing on the rule was continued by proper orders until January 8, 1934, on which date all interested carriers filed appearances and the general investigation was begun. This hearing and investigation was full and complete; it was conducted from day to day. After the completion of the carriers testimony on general freight class rates, the investigation on commodity rates proceeded.

After the carriers had concluded their testimony, the hearing was adjourned until March 5, 1934, at which time witnesses who testified for the carriers were called and cross-examined.

The shippers and the public'were duly notified and attended said hearings-and took a part therein by and through their duly authorized representatives.

Much historical and statistical data was placed in the record concernine the general operations of all the carriers involved.

The entire investigation,both as to class and

THURSDAY, jANUARY 24, 1935.

545

commodity rates,has been concluded and the record closed.
The Commission now has before it for consideration said entire record,and,after full and complete consideration of the same,now proceeds to make its findings and issue an order as relates to cottonseed.
The present maximum rates prescribed by this Commission for the transportation of cottonseed between points within the State of Georgia have been in effect since March 15, 1924. They were prescribed by the Commission on August 30, 1923, in Docket 15,416. The rates so prescribed,and which have been in effect since that date,consisted of separate mileage scales for single line hauls and joint line hauls.
The chronological statement of rates on cottonseed,C .L. ,effective on Georgia Intrastate traffic since May 1,1880, and as subsequently changed,is shown on the carriers' exhibit 466.
The record disclosed that the average rail haulof cottonseed in the Southeast is about 75 miles. This comparatively short haul results from the fact that crude oil mills are generally located in the cottonseed producing areas. Not more than 25 per cent.of the cottonseed movement in the Southeast in interstate.
In view of the fact that this average haul is only 75 miles,it necessarily develops that most of the traffic is therefore moving under single line hauls, and that a most minute proportion is susceptible to the joint line rate. Because of the lack of traffic movement on this commodity over joint line hauls any joint line differential would have very little effect,if any,upon the revenue of the rail carrier. At the same time,the class rates 1 to 12 under Docket l3,494,and as promulgated by this Commission in its class rate order of March 23, 1934 mru{es no differentiation between single line hauls and joint

546

JouRNAL OF THE HousE,_

line hauls. This same statement is true with respect to a vast number or commodity rates in. effect throughout the South,!or both interstate and intrastate application. It is also true that the paramount reason !or the differential !or joint line hauls over single line hauls has been the alleged extra or added costs involved in intermediate interchange,and/or yard switching. The carriers have not proved that it is any more expensive to switch traffic divisionally than to switch the same traffic !rom its line to its connections. In view of the !act that the differential in favor of the joint line haul is frequently ignored in a vast number ot cases,there does not appear any particular reason why it should be maintained as to this commodity. We,there!ore,are of the opinion that a just and reasonable schedule or rates !or application in the movement or this commodity should apply both !or single and joint line hauls,and without differential.
The record also disclosed that prices paid !or cottonseed fluctuate !rom year to year.
Without doubt,the comparatively short haul or the cottonseed movement is one reason why a large portion of the traffic in this commodity is by motor trucks.
Loss and damage clairr in connection with the shipment or cottonseed are negligible although this commodity is moved in box cars mostly !or the reason that,as a practical matter,it must be kept dry.
The carriers' eXhibit 492,as well as other portions of the record in this case clearly show that there is no uniformity among the present scales effective in interstate traffic in the Southeastern Territory. The rates now in effect !or interstate application in Southeastern Territory and given general application by the carriers,are entirely without uniformity and some are very materially higher than others. As an illustration of this !act,1t was

THURSDAY. ]ANUARY 24, 1935.

547

testified by the carriers' witness,Mr. Pope,that a shipment of seed from Orangeburg,South Carolina,to Augusta,Georgia,a distance of 87 rniles,carried a rate of 7.9 per 100 pounds. This rate is 5.6 less than the single line intrastate rate in Georgia for the corresponding distance and constitutes a clear discrimination in favor of the South Carolina shipper against the Georgia shipper,equidistant from Augusta. It was also shown that the scale of rates applicable on interstate traffic between many points would give generally the same result. This is only one illustration, which might be multiplied very generally,as indicative of the fact that intrastate rates in Georgia should be revised,and is further conclusive of the fact that the present level of rates on this commodity is unreasonably high and excessive.
The witness above mentioned,referred to the present rates in Georgia as "nonna.l rates" and further testified that a very small percentage of cottonseed was being moved at these rates. These two statements conflict,for a normal rate is such a rate as will,under existing conditions, move the traffic and at the same time be a just and reasonable rate. For distances up to 75 miles,a major portion of the volume of the traffic in this commodity is moving other than by rail carriers. A large portion of this traffi~ is moving by trucks.
The Commission has heretofore,in its opinion in the class rate case,dealt at length upon this competitive situation and what was there said is forcefully borne out by the admitted situation as it relates to the movement of cottonseed. We here reaffirm what we have said in previous opinions on this subject without restating it.
The Interstate Commerce Commission,in the Highland Park ~nufacturing Company case,when discussing a number of the interstate scales,said:
"The scale applicable interstate between North Carolina and South Carolina is also lower than

548

JouRNAL OF THE HousE,

any intrastate scale in the Southeastern Territory excepting those in North Carolina and South Carolina and is lower than the GeorgiaAlabama interstate scale and the Georgia-North Carolina-south Carolina interstate scale. The South Carolina State scale is applied interstate from and to Charleston with Augusta and Savannah:' (see Carriers' Exhibit 478, page 3). The record discloses that the present intrastate scales on this commodity in effe_ct in the adjoining States are generally much lower than the present rates in effect intrastate ih Georgia. Reference is made to carriers' exhibit 481 for the North Carolina scales; exhibit 483 for the Florida scales; eXhibit 484 for the Alabama scales and to various other exhibits for the scales and minima carload weights now in effect in intrastate State traffic in the various States in Southeastern Territory. We have made a tabulation on which we have shown the various single line and joint line scales applied in Georgia as compared with adj.oining States. For the purpose of further comparison of these rates,we have taken the Slun of the single and joint line scales now being applied in the States shown, and divided this su~ by two for the purpose of arriving at an average. For convenience,we-have on the tabulation designated this as a "merged scale". This tabulation is attached hereto as Appendix 1. This appendix shows that the Georgia scales applied on intrastate traffic both as to single line and joint line hauls on cottonseed are unreasonably higo and should be reduced. This Commission cannot lose sight of the fact that,while it is true that cottonseed and its byproducts have,wi thin the past twenty years,_found an increased market and that,while during this time the percentage of consumption has increased,in spite of these facts,the cottonseed produced and hauled in Georgia is worth no more than cottonseed produced in adjoining States,within which States the

THURSDAY, JANUARY 24, 1935.

549

aforementioned appendix shows lower rates than now prevalent in Georgia. The record in this case is void of any evidence which would justify a higher rate for intrastate movement between points in Georgia on this commodity than existing elsewhere in the Southeastern Territory. Georgia is primarily an agricultural State and from the standpoint of volume of traffic in this commodity,as well as from the standpoint of Georgia transportation condition~ including the terrain,the rate should be as low,or lower,than for similar hauls within any of the other Southeastern States.

We find,after due hearing and careful consideration of the entire record in this case,that the present schedule of maximim rates on cottonseed, carload,application on Georgia intrastate traffic, are grossly unjust,unreasonable,excessive and exorbitant,and should be reduced.

We further find that the schedules of rates prescribed as just and reasonable shall be applicable for either or both,single and/or joint line hauls.

An order for the future will be entered in accord-

ance with the above .finding.

.

J.P. Wilhoit

Chairman.

APPENDIX 1.

~c

STATE!1EN'l' SHOWING RA'l'SS ON COTTONSEED,C.L. IN GEORGIA,S.L. AND J.L. AS

COI1PARED WITH ALABAMA, MISSISSIPPI, NORTH CAROLINA, SOUTH CAROLINA AND

/LORIDA. ALSO STATEMENT SHOWING THE AVERAGE SINGLE AND JOINT LINE OR

[lii.:HGED SCALB FOR GEORGIA, ALABAI1A.,MISSISSIPPI AND NORTH CAROLINA.

-

--~-~-

'
:li s Georgia Georgia Georgia Alabama Alabama Alabama

Miss.

S.L.Scale J.L.Scale Merged S.L.Scale J.L.Scale Merged S.L.Scale

-- ------------

Scale

Scale

5.5

9.5

7.5

5

5

5

6.5

9.5

8

5

7

6

7

10

8.5

6

8

7

8

11

9.5

6

8

7

9

12

10.5

7

9

8

- --------

10

13

11.5

7

9

8

10.5

13.5

12

8

10

9

4

11

14

12.5

8

10

9

45 11.5

14.5

13

9

11

10

5 I 11.5

14.5

13

9

11

10

~

5

0c::

5

:z>:'

5.5

>
t"'

6

0

6

"':!

~

:I:

6.5 6.5

tr1
::r:

7.5

0c::

7.5

(J)
tr1

8

~

55 12

15

60 12

15

r65 12.5
7 750 1132.5

15 15 15.5

----- - - - - - - - - - - -~-----

80 13 85 13.5

15.5 16

13.5 13.5 14 14 14.5
14.5 15

9.5 9.5 10 10 10.5
10.5 11

11.5 11.5 12 12 12.5
12.5 13

10.5 10.5 11 11 11.5
11.5 12

8.5 8.5 9 9 9.5
9.5 10.5

Sheet 2. Appendix 1.

Miles Georgia Georgia Georgia Alabama Alabama Alabama Miss.

S.L.Scale J.L.Scale Merged s.L.Scale J.L.Scale Merged S.L.Scale

Scale

Scale

90

13.5

16

15

11

13

12

10.5

95

14

16.5 15.5

11.5

13.5 12.5

11

100

14

16.5 15.5

11.5

110

14.5

17

16

12

13.5 14

12.5 13

11 11.5

...,

120

14.5

17

16

12.5

14.5 13.5

12.5

,:cI::

130 140 150 160 170

15 15 15.5 15.5 16

17.5 17.5 18 18 18

16.5 16.5 17 17 17

13 13.5 14 14.5 15

15 15.5 16 16 16.5

14 14.5 15 15.5 16

13 13.5 14 14 15

>"0'
._~-<
,>cz:
>

-<

180

16

190

16

200

16

18

17

18

17

18

17

15.5

17

16.5

15

16

17.5 17

16

16.5

18

17.5

16

1\j
-~"""
<:C
C;j

210

16.5

18.5 17.5

17

18.5

18

17

:;

220

16.5

18~5

17.5

17.5

19

18.5

17

240

17

19

18

18.5

20

260

17.5

19.5 18.5

19.5

21

280

18

19.5 19

20.5

22

300

18

19.5 19

21.5

23

320

18.5

20

19.5

22.5

24

19.5

17.5

20.5

18

21.5

19

22.5

20

23.5

20

~

J--1

Sheet 3. Appendix 1. ~

------

-

-;_ e >l~

u0

Georgia

Georgia

Georgia Alabama

Alabama

Alabama

I11ss.

ro

S.L.Scale J.L.Scale Merged s.L.Scale J.L.Scale Merged S.L.Scale

Scale

Scale

~-"/b I,\

18.5

20

:::~:1)

18.5

20

19

20

19

20

19

20

19.5 19.5 19.5 19.5 19.5

-----~-

19.5 19.5

20.5

20

20.5

20

23.5 24.5 25.5 26.5 27 27.5 28

25

2A-.5

21

25.5

25

22

26.5

26

23

27.5

27

24

._

28

27.5



0c::

28.5

28



29

28.5



:z00
>
t"'
0

"':!

>-1 :X: tr1

:::r::

.

0c::

Vl

tr1

~

I

~~
"ill 9S :r11ss. J.L.Scale

Miss. Merged Scale

No.c.

No.c.

s.L.Scale J.L.Sca1e

No.c. Merged Scale

Sheet 4.APPENDIX 1. So.Caro- Florida
11na S.L.Sca1e S.L.Scale

.7

6

4.5

6.25

5.5

2.85

5.65

1

7

6

5.1

6.85

6

3.4

6.2

1

7.5

0 "-'

8

25

8

6.5

5.65

7.4

6.5

3.95

6.75

7

5.65

7.4

6.5

. 4.5

6.75

7

6.3

7.95

7

4.5

7.35

..,
:z:

c:

~)

8.5

35

8.5

4

9.5

:<>

7.5

6.3

7.95

7

5.1

7.9

7.5

6.75

8.5

7.5

5.1

8.45

8.5

6.75

8.5

7.5

5.65

8.45

[J)
>0
.vo_<

45

9.5

8.5

7.35

9.1

8

5

10

9

7.35

9.1

8

6.2

9.6

6.2

9.6

>>cz:

5

10.5

6

10.5

9.5

7.35

9.1

8

7.35

9.6

9.5

7.9

9.65

8.5

7.35 10.15

7-<" v~

G

11

10

7.9

9.65

8.5

7.35 10.7

......
<J:)

7

11

10

7.9

7

11.5

10.5

7.9

9.65

8.5

7.35 10.7

9.65

8.5

7.9

11.25

:".n"

---

8

11.5

10.5

7.9

9.65

8.5

7.9

11.85

.3

12.5

11.5

8.45

10.2

9.5

7.9

11.85

9

12.5

11.5

8.45

10.2

9.5

7.9

12.4

C)

13

l_ 1;

13

12 12

9 9

10.75

10

10.75 10

8.45 8.45

12.95 12.95

~~

Sheet 5. Appendix 1.

~

Miles Miss.

Miss. No.c.

No.c.

No.c. So.Caro- Florida

J.L.Scale Merged s.L.Scale J.L.Scale Merged 11na s.L.scale

Scale

scale S.L.Scale

110 13 120 14 130 14.5 140 15 150 15.5

160 15.5 170 16.5 180 16.5 190 17.5 200 17.5

210 18

220 18

240 18.5

260 19

280

20

12 13 13.5 14 14.5 14.5 15.5 15.5 16.5 16.5 17.5 17.5 18 18.5 19.5

9 9 9.6 9.6 10.15 10.15 10.15 10.15 10.7 10.7 10.7 10.7 11.25 11.85 11.85

10.75 10.75 11.35 11.35 11.9 11.9 11.9 11.9 12.45 12.45 12.45 12.45 13 13.6 13.6

10

9

13.5

10

9

13.5

10.5

9.6

14.5

10.5

10.15

14.65

'-1

11

10.15 14.65

0c::

11

10.27 15.2

:z<' >

11 11

10.7 11.25

15.75 15.75

t"' 0 ":1

11.5 11.5

11.85 11.85

15.75 15.75

..; :I: ttl

::c

11.5 12.4

15.75

0c::

11.5 12

12.95 13.5

15.75 15.75

en .,.ttl

12.5 14,1

16.35

12.5 14.65 16.35

300 21

320 21

340

22

360

23

380

24

20.5

12.4

20.5 21.5 22.5 23.5

12.95 12.95 13.5 13.5

I

14.15 14.7 14.7 15.25 15.25

13.5 15.75 16.35

14 14 14.5 14.5

1-----6---.3-----5

16.35 16.9 16.9 16.9

.Sheet 6. Appendix 1.

Miles Miss. Miss. No.c. No.c.

No.c. so.Caro- Florida

J.L.scale Merged S.L.Scale J.L.Scale Merged lina S.L.Scale

Scale

Scale s.L.Scale

400 420 440 460

2-----5-

2------4--.5---

14.1 14.65 14.65
15.~

15.85 16.4 16.4 16.95

15 15.5 15.5 16

----------------

17.45 18 18 19.2

>-j
c:I:::

"'{/)
~

~-<



'->>zc-:-:"

"'><:

-1\j
~
~
~

~

556

JouRNAL or THE HousE,

Docket 18,825, 19,131.

April 6, 1934.

IN RE: General Revision o! Class and Commodity Rates between points within the State ot Georgia. Rule Nisi before the Georgia Public Service Commission.

After consideration o! the record in the above stated case,and in accordance with the opinion and findings of this Commission,it is

ORDERED: That effective on and after May 10,1934, and until the further order of this Commission the rates shown in Appendix "A" hereto attached and made a part o! this order shall be the maximum rates to be charged tor the transportation of cotton seed,carload,as described in said Appendix, intrastate between points in the State of Georgia, by all rail carriers operating in the State of Georgia for single and jo~t line application.

ORDERED FURTHER: That the jointrates prescribed in the foregoing order shall be divided on the same basis and under the same condition as pre- scribed in the Commissionts order dated December 7th,l927, effective January 15th, 1928, Docket 16,415.

Subject to the further order of the Commission.

BY ORDER OF THE GEORGIA PUBLIC SERVICE COMMISSION.

J.M. Forrester Secretary.

J.P. Wilhoit Chairman.

THURSDAY, }ANUARY 24, 1935.

557

Appendix "A"

IiAXIMUM RATES TO BE CHARGED BY ALL RAIL CARRIERS OPERATING IN THE STATE OF GEORGIA FOR TRANSPORTATION OF COTTONSEED,CARLOAD, MINIMUM WEIGHT 30LOOO POUNDS FOR SINGLE AND JOINT LINE APPLICATION.

Rates in cents per 100 pounds.

Miles

Rate Miles

Rate

5

5.5 160

11

10

6

170

11

15

6.5 180

11

20

6.5 190

11.5

25

7

200

11.5

30

7

210

11.5

35

7.5

220

11.5

40

7.5

240

12

45

8

260

12.5

50

8

280

12.5

55 60

8

300

8.5 320

13.5 14

65

8.5 340

14

70

8.5 360

14.5

75

8.5 380

14.5

80

8.5 400

15

85 90 95

9.5 420

9.5

440

10

460

15.5
l~5

100

10

110

10

120

10

130

10.5

140

10.5

150

11

558

JouRNAL OF THE HousE,

EXHIBIT "H" DOCKET No. 374-A
IN RE: General Revision or Class and Commodity Rates Between Points in Georgia.
BY THE CO~SSION: A rule nisi was issued by the Georgia Public Ser-
vice Commission on May 15, 1934, directed to all rail carriers operating under its jurisdiction to show cause on May 28, 1934, why freight class and commodity rates between points within the State o! Georgia should not be reduced. The rule was amended on May 26, 1934. Hearing under the rule nisi was postponed until June 11, 1934, on which date on motion or counsel !or the carriers the hearing was recessed until June 25, 1934.
At this hearing,the carriers through their counsel tendered the entire record and all exhibits in docket No. 18825 before the Georgia Public Service Commission,and the entire record make in docket No. 18825 was admitted in evidence !or consideration by the Commission as applicable to all carriers. The Commission then proceeded to hear further evidence both oral and documentary as it related to the subject matter of the investigation,up until July 7, 1934. The hearing remained open and further evidence was introduced and the investigation was concluded and the record closed on July l9th,l934.
The Commission now has before it for consideration the entire record made in said investigation and now proceeds to make its findings and issue its order thereon as it relates to naval stores.
The rates on rosin and turpentine were fixed in
1885. Rosin,any quant1ty,was rated Class "K";
turpent1ne,any quantity,was rated Class "R". Sltght changes in these rates were made from time to time until 1896 when the rates were fixed at substantial-

THCRSDAY, jANUARY 24, 1935.

559

ly the same as the original 1885 rate. The rates

were subjected to the general horizontal changes in

all rates; increase of twenty-five (25%) per centL

under General Order No. 28 effective June 25, 191~;

increase of twenty-five (25%) per cent, under ex

parte 74, effective on Georgia intrastate traffic

donucStieopntemunbderer1r, .c1.9c2.0;

and ten (10%) per cent, reDocket No. 13293, effective

July 1, 1922. The general effect of the three

orders just referred to was a net increase of ap-

proximately forty (40%) per cent, in these rates.

The present maximum rates applicable to these commodities have been in effect since April 1,1932. On March 1, 1932, the rates appear to have been restored to approximately the Class "K" basis as of September 1, 1920. The present rates which became effective on April 1, 1932, applicable to any quantity to Savannah and Brunswick,and in carloads to all other points were made on the basis of nineteen(l9%) per cent, of present first class scale of rates.

These two commodities move largely in Southeastern Georgia,and in the direction of the ports of Brunswick and Savannah. A study of the record and exhibits filed by the carriers in connection with this movement indicates that the movement of these commodities represents a substantial part of the carriers' freight haul in the section referred to,and when the traffic is held to the rail lines is a substantial source of their revenue.

On the 18825,Mr.

hMeaarrkingw.

before Thomas

the of

Commission on docket No. the Central of Georgia

Railway testified on behalf of the carriers on this

subject,and as illustrating the traffic in this

commodity the Central of Georgia Railway is used

for illustrative and comparative purposes. It ap-

pears from Exhibit No. 285 filed by Mr. Thomas as a

part of his testimony that in the year 1928 the

Central of Georgia Railway had a grand total car-

load traffic of rosin and turpentine of 44,866 tons

which produced a freight revenue of $76,260.00, and

560

JouRNAL OF THE HousE,

that in the year 1932 it had a total carload freight traffic of these commodities of 18,340 tons with a freight revenue of $36,795.00,indicating that the haul of this commodity by the Central of Georgia Railway had decreased over the period,both in volume and revenue,more than fifty (50%) per cent. The showing for other carriers in the territory for the same period shows practically the same experienceas that of the Central of Georgia Railway; that is, a decline in volume of traffic and revenue of from fifty (50%) per cent, to sixty (6~~) per cent. The reason for this loss of traffic and consequent loss of revenue is,in the opinion of the Commission largely attributable to the prevailing high rates under which the commodities are moving.

The Commission is of the opinion that the rates on these commodities had practically driven the traffic from the rails by the year 1931 and that, but for the truck competitive rates which have been permitted to be filed by this Commission from time to time, the loss in volume and in revenue from this source would have been almost complete. This is borne out by excerpts from applications for truck competitive rates which have been filed from time to time by the carriers with this Comrnassion.

We quote here from three of these applications:

(Application of the General Traffic Manager of

the American Short Line Railroad Association,

filed which

with appe

the ars

t

Commission o be the fi

on rs

t

August 10, applicatio

1931 n fo

1r

a truck competitive rate.)

"On account of actual truck competition, authority is respectfully requested to publish rates on naval stores,any quantity,on one dayts notice to the Commission, from Swainsboro,Dellwood,Blundale and Greenway, Ga. to Savannah, Ga. to expire August 31, 1932, unless sooner cancelled, changed or extended,as follows:

TJ.{URSDAY, jANUARY 24, 1935.

561

"Rosin - 11! per 100 pounds Turpentine - 21! per 100 pounds "We are informed that with this slight reduction in rates,a portion of the traffic which we are not now moving may be regained, and it will also probably prevent other parties from diverting their naval stores tonnage to the trucks." (Again in l933,we quote from the Traffic ~ager of the Georgia & Florida Railroad on the subject of truck competitive rates.) "At present,a truck competitive rate of 9 on Rosin, and lOt on Turpentine,from Hazelhurst,Ga., to Brunswick,Ga., is in effect via the Southern Railway direct,as published in Agent Speidents Naval Stores Tariff,I.c.c. 1457, to expire December 31, 1933. "Our shipping friends at Hazlehurst are offering us shipments to move via our line to Douglas,thence A.B.& c. Railroad,and the latter line has expressed to us their willingness in meeting the rate of the Southern Railway." (As late as April 1934, we quote from Mr.F.L. Speiden, Agent, S.F.T.B~) "There is a substantial movement of rosin and turpentine from Rochelle,Pitts and Queensland,Ga. to Savannah, Ga. and an investigation developed that the major portion of the traffic is now being handled by truck. The rail lines will be deprived of the entire movement unless truck competitive rates are immediately established. The proposed rates compare favorably with truck competitive rates from other Georgia points to Savannah,Ga. and it is,therefore, proposed to publish the rates shown in Ex-

562

JouRNAL oF THE HousE,

hibit "A" subject to expiratior.. date of December 31, 1934.
11 In order that rail carriers may be in a position to move this traffic promptly when offered,it is the desire of your petitioner that he be permitted to publish rates proposed in Exhibit "A", subject to expiration date as provided herein,effective at the earliest possible date on one day's notice." It can thus be seen from these quotations that over a period of four years the carri~s have been trying to regain and hold this traffic with truck competitive rates,and it is interesting to note the statement of Mr. Speiden to the effect that the carriers have made an investigation of the movement in rosin and turpentine in the area referred to and that this investigation developed the fact that the major ~ortion of the traffic in April of this year wa~ be ng handled by trucks and that the rail lines were in a position where they might lose the entire movement in this commodity unless competitive rates were immediately established. As indicated by recent expressions of Congress, rates should be established ttLat will have the effect of moving commerce and it is manifest from the situation shown relative to these commodities that the maximum prescribed rates are not moving this commodity. The experiment of truck competitive rates has been going on since 1931 and the application of Mr. Speiden in April 1934 is indicative of the fact that the experiment has clearly proven that the maximum prescribed rates will not move this traffic. This being true,the Commission feels that it is its duty under the statuteB of this State to arrive at a fair and just maximum reasonable rate to be prescribed for the movement of these commodities. It is unfair to the producers of these important commodities and unfair to the buyers at the ports,as well as to the carriers themselves,that the rates under which these commodities are moving,should remain in their

THURSDAY, JANUARY 24, 1935.

563

present unstable condition,and the Commission feels that it is to the interest of this large industry and the rail carriers that the rates be stabilized on a reasonable, fair and just basis. Truck competitive rates are in most instances point to point which necessarily results in more or less discrimination. It is desirable that this discrimination be removed and the Commission has endeavored to do this in the prescribed mileage scale.
The Commission has given consideration to the situation as shown by the record and has come to the conclusion that the present maximum rates are excessive,unreasonable and unjust and that a fair, reasonable and just maximum rate is to be found substantially lower than those now in effect. Attached hereto marked Appendix "A" is a schedule of rates which the Commission has found to be fair,just and reasonable to the shipper and the carrier for the movement of these commodities.
An order for the future will be entered in accordance with the above findings.
This, the 21st day of July 1934. J.P. Wilhoit Chairman. July 21, 1934. File -- 19231 Docket No. 374-A
IN RE: Rule Nisi before Georgia Public Service Commission,General Revision of rates on Naval Stores between point~ in Georgia.
\fter consideration of the record in the above stated case,and in accordance with the opinion and tindings of this Commission, it is,

564

JouRNAL or THE HousE,

ORDERED: That effective on and after August 20, 1934, and until the further order of this Commission, the rates shown on Appendix "A" attached hereto and made a part of this order shall be the maximum rates to be charged for the transportation of naval stores in either carload of less carload quantities by all rail carriers in Georgia.

ORDERED FURTHER: That the joint rates prescribed in the foregoing order shall be divided on the same basis and under the same conditions as prescribed in the Commissionts order dated December. 7, 1927, effective January 15, 1928, Docket 16415.

BY ORDER OF THE GEORGIA PUBLIC SERVICE COMMISSION.

J.M. Forrester Secretary.

J.P. Wilhoit Chairman.

APPEND IX "An

RATES ON NAVAL STORES ANY QUANTITY FOR SINGLE & JOINT LINE APPLICATION BETWEEN POINTS IN GEORGIA

Rates are in Cents per 100 pounds

MILES 10 20 30 40 50 60 70 80 90
100 110 120 130 140 150 160

RATES MILES

A

B

5

6I 170

5

7 180

5

7 190

5

7 200

5l

8 210

6

8l 220

6

8i 230

6

8! 240

6

8-l 250

8

lOi 260

8

lOi 270

8

lOt 280

10

12 290

11

12-l 300

12

14 320

12t

16 340

RATES

A

_lL

13

18

13

20

13-i

21

13l

21l

14

22

14l

22i

14!

23l

15

24

16

~'.6

l?l

26}

19

28

21

30

22

33

22

34

23

35

23

36

THt:RSDAY, jANUARY 24, 1935.

565

MILES
360
380
400

RATES

A

B

24 37

25

38

26

39

.MILES
420
440
460

T!A

_a_

27

40

27

41

27

43

COMMODITY DESCRIPTION: A - Crude wood oil,pine gum, pine pitch, pine tar; pine tar oil,pyroligneous liquor,rosin, rosin batting dross, rosin dross,rosin liquor,rosin oil and rosin sizing.

B - Pine oil spirits of turpentlne,and turpentine.

EXHIBIT "I"

DOCKET No. 374-A.

IN RE: General Revision of Class and Commodity Rates Between Points in Georgia.

BY THE CO~SSION:

A rule nisi was issued by the Georgia Public Service Commission on May 15, 1934, directed to all rail carriers operating under its jurisdiction to show cause on May 28, 1934, why freight class and commodity rates between points within the State or Georgia should not be reduced. The rule was amended on May 26, 1934. Hearing under the rule nisi was postponed until June 11, 1934, on which date on motion of counsel for the carriers the hearing was recessed until June 25, 1934.

At this hearing,the carriers through their counsel tendered the entire record and all exhibits in docket #18825 before the Georgia Public Service Commission,and the entire record made in docket #18825 was admitted in evidence for consideration by the Commission as applicable to all carriers. The Com-

566

JouRNAL OF THE HousE,

mission then proceeded to hear evJdence both oral and documentary as it related to the subject matter of the investigation. When all the pertinent evidence was 1n the record was closed.
The Commission now has before it for consideration the entire record made in said investigation and now proceeds to make its findings and issue its order thereon as it relates to class rates.
Briefly,the history of freight class rates applicable within the State of Georgia is as follows: The pre~v.ar level which was in effect prior to June 25,1918,was by general order No.28 of the Director General of Railroads increased 25 per cent,effective on that date. This level of class rates continued in effect until September l,l920,at which time the Georgia Public Service Commission authorized a general increase of 25 per cent,on all class rates within the State of Georgia. This order of the Public Service Commission was in conformity with an order of the I.c.c. under ex parte No. 74. In this connection,the Commission refers to Docket 26,000 of the I.c.c. and to the opinion rendered by Commissioner Aitchison of that body,concurred in by Commissioners Porter and Lee,on July 31,1933,which gives effect to the two increases above referred to in the following language:
"But the depression of 1921 showed,although less clearly than the last four years,that a pyramided rate structure stifled traffic, that its maladjustments seriously impaired the buying power of the community,and by reflection more and more curtailed the tonnage of the rail lines.~ A general 10 per cent reduction was ordered by the Georgia Public Service Commission,effective July 1,1922. This reduction was ordered in conformity with a general reduction order of the Inter_ state Commerce Commission which had the effect of reducing the general level of class rates in Southern territory approximately 10 per cent. Again

THURSDAY, JANUARY 24, 1935.

567

referring to Docket 261 000, supra,it was said:

"The increases in 1918 were the result of an

overwhelming demand that the railroads be

put in a self-sufficing position; the re-

ductions in 1922 resulted from the demon-

stration that high maladjusted rates stifled

business and alike." (195

rin.cju.cre.d7s5h)i.ppers

and

carriers

This rate remained in effect until January 15,

1928,at which time the scale of rates prescribed by

the Interstate Commerce Commission in I.C.C.Docket

13,494, effectiv

S e

outhern clas on Georgia

s rate intras

t

investigation~became
ate traffic under an

order of the Georgia Public Service Commission made

in conformity with the order of the Interstate Com-

merce Commission. The general effect of this order

in its application to class rates in the Southern

territory was the following

expressed language:

in

Docket

26 1 000,supra,in

"The Southern class rate investigation theoretically left the class rate level unchanged; in effect,it permitted the withdrawal of many lower rates and thus worked a real increase."

The present basic rate level in the Southern territory is the one resulting from the general changes above descr1bed,modified by subsequent readjustments,revisions,exceptions and reclassifications.

From a consideration of the evidence in this case before the Commission and based upon the figures given by the carriers representing the average revenue per ton m1le~and which gives effect to the reductions that have been made to meet motor vehicle and water competition,the average level in effect today in Southern territory(Carriers' Exhibit 79, sheet 5) is approximately 40 per cent higher than the pre-war level. Of course,the revenues per ton mile cannot be accepted as accurately reflecting

568

JouRNAL OF THE HousE,

freight levels but they may be considered as a fair index establishing levels. The accurate or exact level would necessarily be somewhat higher than the one given on revenues per ton mile for the reason that there are thousands of special commodity rates and truck competitive rates under which most of the traffic moves and from which definite results cannot be obtained;also for the further reason that the exact percentage of diversion of traffic,especially short haul,to motor trucks and otner forms of transportation is not obtainable.
Carriers usually accept revenues per ton mile as showing in a general way rate level trends. In the majority opinion in Docket 26,000, 195,I.c.c. pages 10 and 11, the I.c.c. showed the average revenues per ton mile of class one railways of the country as a whole for the years indicated. In 1916 the revenue per ton mile of these carriers was 7.07 miles,while in 1932 the revenue per ton mile was 10.45 miles. Were it not for the fact that thousands of reductions of individual rates have been made to meet competition,the average ton mile earning in 1932 should have been materially greater. From the above figures,the revenue per ton mile was 47.8% higher in 1932 than in 1916.
The brief history of class rates for Southern territory above referred to and which has been developed by this Commission was based upon the date and information contained in Carriers' Exhibits 79 and 80 of the witness Tilford and EXhibits 134,135, 136,1:37,149,150 and 151 of the witness !1arks,aswell as fram all of the data and information contained in the record in the case before it.
The above history of class rates in Southern Territory and all Georgia intrastate traffic clearly establishes the fact that the carriers have heretofore been successful in their efforts to secure high rates during periods of inflation and increasing prices. It cannot be doubted that the general increase of 25 per cent under Gener~l Order No. 28 of the Director General cf ~ailroad~ VT2A

THVRSDAY, }ANt:ARY 24, 1935.

569

out of the increase in all prices which prevailed at that time. After the war and immediately following the period of Federal control, the increase in all prices continued. As a direct result of this general increase,the Interstate Co~erce Commissic~ under exparte 74,acceding partially to the wishes of the carriers,granted the second general increase of 25 per cent which became effective September 1, 1920.
The increases above referred to are indicative of the fact that changes in general level of prices upward was the basis upon which the carriers sought and obtained higher rates. The exact figures showing the general increase in w11o1esa1e prices are contained in the exhibits of the carriers in this reccrd. Particular reference is here made to the price indices in this record shown on Exhibits 24, 2.5, and 26 of the carriers and to the documents therein referred to,particularly "Wholesale Prices, August 1933,Serial No. R35 11 of the United States Department of Labor.
As illustrative of the change in level of prices, reference is made to Carriers' Exhibits 47,48,81 and 82, as well as the exhibits above referred to. Tabulations condensing some of these prices further illustrating t11e change in level are shovm in the Commission's Exhibits 1,2,3 and 4.
During the latter part of the year 1920 and during the years 1921 and 1922,the general level of prices dropped,all conmodities rapidly declined and this general decline in the level of prices was given partial effect in the 10 per cent rate reduction referred to. It is evident that the controlling factor resulting in this 10 per cent general reduction which became effective July l, 1922, was the general decline in prices referred to.
Jeorr:ia is primarily ancl es::;entially an agricul-c ;"'?1. state ' '0 4 th-" : ~--'~ uf +-~,~ neonle of Ger:::..-

570

JouRNAL or THE HousE,

income comes increased purchasing power resulting in increased consumption and increased production. The carriers' tonnage is directly related to a consumption and production.
We here refer to the Commission's Exhibit 5 which is a statement comparing the pre-war and present purchasing power or the farmer's dollar. In spite of the fact that the farmer' dollar when spent before the war for such items as he must buy is now worth considerably less in purchasing power,this same dollar must be used in paying transportation costs under prevailing class rates at approximately 140% of the pre-war level. The conditions affecting other industries have been almost as disastrous. These are matters of common knowledge.
It is certain that whatever reduction in reduction in revenues the carriers have experienced,they have not experienced any reduction in the prices which they have received for the service rendered, on the contrary there has been an increase in this price.
The changes which have taken place in this country during the past several years have been such as to excite the attention or all thinking people. Some of the expressions which clearly express the extent of the changes are not,in our upinion,inappropriate.
In the recent Minnesota Moratorium Case,Mr.Chief Justice Hughes of the United States Supreme Court said that the General decline which has prevailed during the last few years was a matter of common lmowledge. He quoted from Justice Olsen from the Minnesota State Court, as follows:
"The present nation-wide and world-wide business and financial crises has the same results as 1f it were caused by flood,earthquake,or disturbance in nature. It has deprived millions of persons in this nation of their employment and means of earning a living for

THl.:RSDAY, JANCARY 21, 1H35.

571

themselves and their families; it has destroyed the value of and the income from all property on which thousands of people depend for a living; it actually has resulted in the loss of their homes by a number of our people,and threatens to result in the loss of their homes by many other people in this State. It has resulted in such widespread want and suffering among our people that private,state and minicipal agencies are unable to adequately relieve the want and suffering and Congress has found it necessary to step in and attempt to remedy the situation by federal aid." Mr. Chief Justice Hughes after a general discussion as to the prevailing economic conditions and after having quoted approvingly as above referred to,announced a general principle based upon a consideration of the rights of the public. Quoting from page 241 of the Supreme Court Reporter,Vol. 54 in No. 5, January 15, 1934, he said: "It is manifest from this review of our decisions that there has been a growing appreciation of nublic needs and of the necessity of finding ground for a rational compromise between individual rights and public welfare. The settlement and consequent contraction of the public domain,the pressure of a constantly increasing density of population,the interrelation of the activities of our people and the complexity of our economic interests, have inevitably led to an increased use of the organization of society in order to protect the very bases of individual opportw1ity. ~-Jhere, in earlier days, it was thought that only the concerns of individuals,or of classes were involved,and that those of the state itself were touched only remotely,it has later been fo'...7.l1d that the fundamental interests of the State are directly affected;and that the que~3t1on is no longer merely that of one

572

JouRNAL oF THE HousE.

party to a contract as against another,but of the use of reasonable means to safeguard the economic structure upon which the good of all depends."

The Minnesota Moratorium Case referred to above was not a rate case but the principle announced is fundamental and includes matters which should and must be considered by the Commission in determining what are just and reasonable rates.

The United States Supreme Court in the case of

ASttachteisso,2n8,T4opue.ks.a

and Santa Fe Ry. Co. v. United 248, 76 L.Ed. 273, in dealing with

the effect of changed conditions on rates,said:

"The second petition presents a new situation, a radically different one which had supervened since the record before the Commission had been closed in 1928. It asserted that whatever might be the view of the order when made, and upon that record a changed economic condition demanded reopening and reconsideration. There can be no question as to the change in conditions upon which the new rate was asked. Of that change we may take judicial notice. It is the outstanding contemporary fact,dominating thought and action throughout the country. As the Interstate Commerce Commission said in its recent report to the Congress, 'A depression such as the country is now passing through is a new experience to the present generationr It is plain that a record closed in 1928 cannot be regarded as rerrresentative of the conditions existing in 1931.'

Mr. Chief Justice Hughes in a recent Supreme Court opinion,

(Los Comm.

2A89ngue.lses.

Gas & Electric Corporation 287, 77 L.Ed. 1180)

v.

Rr.

in referring to the economic depression which has reached to all parts of this country during the

THURSDAY, JANCARY 24, 1935.

573

past several years used the following language: "The country was facing a most serious decline in prices. It was entering upon a period of such a depression as to constitute a 'new ex-
-perience to the present generation'. It was not the usual case of possible fluctuatipg conditions,but of a changed economic level."
Therefore,in the above case,the Supreme Court in May, 1933, re-affirmed the principles above quoted from the Atchison Case.
The Interstate Commerce Commission in a recent case,reported in 178 I.c.c. at page 563, said:
"The relation of the general level of freight rates to the general level of commodity prices is a factor which cannot be disregarded particularly in a time of general financial prostration. Stated in another way, it means consideration of what the traffic can reasonably be made to bear." That Commission then quoted from the Supreme Court in the Ann Arbor R. Co. case vs. The United States, recently decided in construing the HochSmith Resolution, and said: "Thecauses of suffering are not only the great shrinkage in volume of business done,but in the violent fall in the prices received for products,a fall which has not been experienced by the carriers in the prices which they receive for their services. The fall in the price level in the case of agriculture has been of extraordinary severity so that important branches of that industry are in a state of unprecendented collapse and prostration. The situation is similar and almost as acute in certain other industries,and the depression in greater or less degree extends to all High rates do not necessarily mean higher revenue,however,if the public cannot or will not ship in normal volume,

574

JouRNAL OF THE HousE,

less revenue may result than from lower rates."

It is significant,and this Commission cannot lose sight of the fact that the existing basic class rates were fixed in 1926, became effective in January, 1928, before the beginning of the decline and before the beginning of the depression and that the results of the general economic disaster have not thus far been reflected in a reduction of the class rate level.

Disparity in prices tends tovmrd unstability in

all business. lt is unsound and U.<'1fair economical-

ly. The increase in the level of class freight

rates on the one hand,and the general decrease in

the price of all materials and com~odities on the

other hand,has resulted in bringing about a dis-

parity which not only exists between the prices re-

ferred to,but which has likewise resulted in an ex-

isting disparity between prices of farm products

received by the producer on the one hand,and prices

which he must pay for his necessities,including

transportation costs,on the other hand. A reduction

in class rates would at least in some measure have

the effect of removing the disparity referred to and

restore at least to some extent a general prosperity

through the medium of increased farm income,in-

creased purchasing power,increased industrial activ-

ities,increased consumption and general increase in

carrier tonnage. The wide divergence between the

general level of prices on the one hand,and the in-

creased cost of transportation on the other hand,

over the pre-war levels,demand rate revision down-

ward. We are firmly convinced that in keeping with

the history of class rates in this state,and their

relation to general economic conditions,the present

class rate structure now in effect is unreasonably

high and should be reduced. We know of no better

way of expressing Secretary Wallace,

thui.ss.

principle than Department of

the words of Agriculture.

He said:

"Increased retail costs have tal<:en up the farmerst additional income and left him no better off

THURSDAY, jANUARY 24, 1935.

575

for meeting his interests,taxes and fixed charges~ The deplorable conditions necessitated as unusual effort on the part of the National Government to bring about a change that would result in improvement and general recovery. We cannot overlook the fact that the basic industry of this State,and those who are engaged therein,is at the present time a ward of the Federal Government and dependent upon it for funds with which to operate. The relation between industry and the carrier is direct and cannot be doubted; the inter-relations which exist between the carriers and the producers have demanded the serious thought and consideration of this Commission in its effort to determine an equitable measure of what constitutes a just and reasonable level for basic class freight rates for application between points within this State. It is self-evident that when any industry is dependent for its existence upon borrowed capital that it has about reached the end-of its tether,and this fact is accentuated when it appears that the ordinary sources of credit are no longer available and ~t becomes the object of govermental subsidy. There is a range within which all just and reasonable rates must come and when the divergence between prices on the one hand,and transportation cost on the other, becomes too great, transportation is curtailed, the carriers lose their tonnage and resulting revenues. If transportation costs take too large a portion of the consumers' and producers' dollar~,the rates then become prohibitive. In the words of Mr. Justice Hughes,referred to above,
"It is manifest from this review of our decisions that there has been a growing appreciation of public needs and of the necessity of finding grounds for a rational compromise between individual rights and public welfare The inter-relation of the activities of our people and the complexity of our economic interests have inevitably led to an increased

576

JouRNAL OF THE HousE,

use of the organization of society in order to protect the very bases of individual opportunity." We are not only confronted with the problem above referred to,but under the mandate of the law of this State,we are charged with the duty of changing and revising rates as often as the circumstanc~s may require and the Supreme Court of this State in the case of
City of Atlanta v. Atlanta Gas Light Co. 149 Ga. 410, said: "It was shown on the trial that on account of advanced materials,wages,the cost of operations and additions,the expenses of the corporation had increased on account of war conditions It was to meet just such conditions,no doubt,that the Legislature provided under the Act of 1879 that the Commission shall from time to time and as often as the circumstances may require,change and revise such schedules of rates. When circumstances are such that the price of everything else has increased,it may well be said that the Conr mission may see the necessity,under the mandate of the law,of increasing the price of gas to the consumers as being required by these circumstances." The converse of this statement is necessarily true. That the general level of commodity prices is a factor which cannot be disregarded,particularly in a time of general financial prostration,is fundamental and has been recognized by all of the courts and by all rate regulatory bodies. The Interstate Commerce Commission has subscribed to this principle and said that the relation ot the

THt:RSDAY, jANUARY 2-1, 1935.

577

general level of rates to the general level of commodity prices might be stated to mean a consideration of what the traffic can reasonably be made to bear.
178 r.c.c.,
539, (563).

That this principle is not new is further borne out by the decision of the United States Supreme Court in the Minnesota 1'1oratorium case,above referred to,as well as in numerous previous decisions of that court beginning with the case of

S16m9ituh .vs.

Ames, 466,

42 L.Ed. 819,

affirmed in the recent case of

Los Angeles Gas & Electric Corp. v Rr. Conw. of

Cal. 289

u.s.

287,

77 L.Ed. 11801

The Georgia Public Service Commission,under the construction given the Act by the Supreme Court of this State, has been made the legislative arm through which the constitutional requirement of preventing unjust discrimination and of establishing just and reasonable rates must be carried into effect. Its duty has been clearly stated by the Supreme Court of this State in numerous cases. In the casE:: of

Southern Railway Co. v. Atlanta Stove Works,
128 Ga. 207, at P. 219,

the court said:

11 The Cormnission in the discharge of its duty to fix reasonable rates is not precluded from the consideration of economic conditions recognized by the carriers in the conduct of their

578

JouRNAL OF THE HousE,

business. The full purpose of the creation of the Commission would be thwarted if it could not consider and act on every economic and industrial factor potentially influencing the operation of a railroad and the transportation of freight. 11 Impelled by the force of the mandate thus referred to,we have given careful consideration to the history of class rates in this State in the light of the economic conditions referred to and have given careful thought,study and consideration to existing disparities,as herein discussed,and have come to the definite conclusion that the establishment of ~ just and reasonable level of freight class rates for application on Georgia intrastate traffic demands material reductions. The record which we are now considering discloses the fact that approximately 85 per cent.of the present volume of all traffic is moving under specific commodity rates and mileage scales or under truck competitive rates,that only approximately 15 per cent. of the volume of all freight traffic is moving under the present basic scale of class rates. It was contended by the carriers at the hearing that they favored uniformity in transportation cost~. We know,and the carriers know,that the general effect of a great number of the commodity rates and of all of the truck competitive rates has been to mov.e the traffic under rates which have virtually destroyed all semblance of uniformity. The effect of these voluntary reductions which have been made by the carriers,called truck competitive rates with expiration dates,have not had any degree of uniformity nor any relationship towards the bearing of their proportionate part of the transportation burden,and other commodities which have not received reductions are called upon to bear excessive burdens. To put this in the words of a member of the Interstate Commerce Commission,it is expressed as follows:

THURSDAY, JANUARY 24, 1935.

579

"Many important commodities have not been beneficiaries of these so-called competitive reductions and every effort of management has been to maintain the high level of rates upon them. Generally those commodities which are closest to the soil - agricultural products, fruits,lumber and its products, and coal have been considered as ttied to the rails' and every effort has been made to adhere to the standard rate scale so that relatively they have been compelled to bear the greatest proportion of the transportation burden. But these commodities are the products of industries which,by reason of the economic conditions shown by the record and portrayed in the report,are the least able to bear the transportation costs for other,more highly developed,forms of industry. The attempt to force them to do so has contributed to their economic prostration; it has lessened the purchasing power of those engaged in or dependent upon such industries,it has decreased the tonnage of the rail carriers in both the basic commodities purchased,and the incidental commodities necessary for the sustenance of the industries. The general effect of the high price levels for rail transportation has been to localize production and distribution,and to force the producers' and distributors' margins to the vanishing point,and thus to decrease the movement by rail. The situation has encouraged,even demanded,recourse to other forms of transportation which can be had at a lesser monetary price,wherever possible Such unfavorable results as to these basic industries have immediate effect upon the whole industrial,financial, and political fabric of the Nation. That the attempt to maintain the relatively high levels of rates which have obtained upon these commodities has thus affected the industries,there can be no doubt; to a measurable,if not major,extent,the national paralysis of industry and credit finds here a

580

JouRNAL or THE HousE,

contributing factor of importance ... At

the same time,by holding out a degree of sta-

bility in the structure which would follow,the

rail carriers and shippers would know on what

basis they might count,and could safely pro-

ceed with long term commitments,now withheld

because of uncertainty as to the future rate

basis. The extention of competing forms of

transport into new fields,now occupied by the

rail carriers, would be discouraged. Dis-

tribution areas would be widened,there would

be a sharply lessened ~isparity between com-

modity prices and freight prices,and the re-

lation between them,which was rudely disturbed

by the slwnp in commodity values,would be

brought more closely to that balance which

stitmudee."nts(19g5enre.rca.lcly.

admit must be reached p. 78,79 and 80).

in

And again:

"The case leaves me convinced that the great

residue of freight rates of the country as to

which reductions have not already been forced,

as for competitive reasons,stand upon an un-

reasonably high level. For the best interests

of the rail carriers the~Belves,to ameliorate

the distressing conditions affecting industry,

and to further the far-reaching plans for

national industrial recovery which have been

out under way,those railroad freight rates

which now stand as pinnacles far above their

pre-war levels should be brought more into

line with rates which have resulted from the

process of wholesale and often indiscriminate

reductions made to meet competition with other

forms of railroads

t

ransport,or themselves."

i

n(19w5arr-.fca.rce.

between p. 73)

the

And again:

"The successful consummation of the policies and plans now under way calls for a rate structure better adapted to what the traffic

THURSDAY, JANUARY 24, 1935.

581

can bear and what it will bear and not adherence

to schedules which simply force tonnage to other

forms of transport.shut it off from compel the relocation of industry. 11

m(1o9v5emr.ecn.t,co.r

p. 80)

And again:

"All traffic is now potentially competitive;

none is 'tied to the rails'. A prompt recog-

nition of this fact and adjustment of policy

to correspond is needed if the earnings of

the carriers are to be kept at their present

levels,meager as they are,in short,the attempt

to maintain rates on these supposedly non-

competitive commodities on their present

pinnacles will merely compel the development

and use of the less expensive means of trans-

port. Such rates exceed the worth of the

service,and cannot be maintained. They have

nr.ecithce

r legal p. 78)

nor economic warrant."

(195

And again:

"The reason for the comparatively slight reduction in average ton-mile earnings,from 11.27 mills in 1922 to 10.45 mills in l932,are to be found elsewhere than in the basic rate schedules, and might result from any or many of other causes In the main,the reduction in tonmile revenue reflects principallY reductions made by the railway traffic managers in their efforts to save traffic or to regain tonnage lost to the new and competing forms of transport The changed condl ti ons have made maintenance of the basic rates impossible as going tariffs.

Rate schedules which were justifiable under former conditions as reasonable would no longer move the traffic; they had to be cut. Reluctance to recognize this res:.llted in the rails standing by while traffic was diverted to competing forms of transport;

582

JouRNAL oF THE HousE,

reductions which if promptly made,might have saved tonnage,were made tardily and in insufficient amounts; often when reductions were made they were so restricted by expiration dates or territorial limits as merely to warn competitors to redouble their efforts to some section where the railways preferred the maintenance of a nominal rate level to making reductions which would retain the traffi~
(195 r.c.c. p. 77)

And again:

"The flood of tariffs during the past few

months bearlng treductiont_symbols,the thousands

of application for authority to make reduced

effective on less than statutory notice; the

hundreds of application for relief from long-

and-short-haul provisions of section 4, of th~

act,all indicate a definite policy of rate re-

ductions on competitive perate in its nature."

(1tr9a5ffri.cc,.acl.mpo.st7d7)es-

The last named quotations were taken from the dissenting opinion of Commissioner Aitchison,concurred in by Commissioners Porter and Lee, Commissioner Eastman not participating in the disposition of the case. The principles announced and quoted from are too logical and convincing to argue. The facts in this record and the experience of the carriers demonstrate the truth of the statements beyond reasonable and logical contradiction. They are emphasized by the fact that,since this decision was written in July last year these competitive tariffs have continuously increased in number,in territorial application,and in extent. In the meantime the loss of tonnage to the carriers has continued to increase until the situation is desperate to the carriers. This Commission is convinced of the logic and reason of the principles announced and desires to add emphasis thereto.

The experience of the carriers themgelves as indicated by the evidence and particularly Exhibits Nos. 84 and 85, is conclusive to the Commission

THCRSDAY, JA!\'PARY 21, Hl35.

583

that rail carriers recognize the fact that the decline in their freight traffic is largely due to excessive rates rather than economic conditions. The statement above referred to is further fortified,in our opinion,by the statement of the Interstate Conrrnerce Cormnission in Docket No. 23,400 reported in 182 I.c.c., 327, as follows:

"In the last five years nearly 75 per cent.

of all applications for certificates to abandon

rail operations have mentioned motor competi-

tion as a factor."



It is a maxim of business competition that the price charged is controlling. 'l'he carriers have literally honeycombed the continental area of the United States with truct competitive tariffs and without any regard to "Southern", "Official", or any other regional territory. We fully realize the the need and importance of adequate railway facilities. However,the increasing number of truck competitive tariffs,in view of the decline in railway traffic,lost to motor carriers,demand that we point out the fact that the shipping public cannot be expected to await an indefinite period of uncertain experimentation. The competition, which has been referred to by the carriers as the basis upon which truck competitive rates are established,is permanent. The means for using this form of competition is on the increase and while we are fully aware of the fact that truck competitive rates are established voluntarily by the carriers by permission of rate regulatory bodies,we are also convinced that at least to some extent the shipping public in choosing the method of service,measures the value of that service by its choice.

It is the opinion of this Commission that the falling off of the revenue of the railroads to the point indicated in the record is due to the hesitancy with which the railroads have attempted to meet this competition and the unsatisfactory manner in the form of competitive rates with expiration dates which h2.ve led the public to the belief that

584

JouRNAL OF THE HousE,

the railroads intended to reduce their rates temporarily, stril<:e down truck competition and return to the high rates they had previously exacted from the public who were forced to use the rails for lack of other forms of transportation.
Truck competition is present and is recognized as a stable,permanent form of transportation that the railroads must recognize,and rates of a permanent nature must be prescribed that will lend stability to the rail rates that move the traffic in order that tonnage may be brought back to the railroads that they may escape the present threat of financial ruin.
The Emergency Transportation Act of 1933 provides:
"In the exercise of its power to prescribe just and reasonable rates the Commission shall give due consideration,among other factors,to the effect of rates on the movement of the traffic; to the need,in the public interest,of adequate and efficient railway transportation at the lowest cost consistent with the furnishing of such service; and to the need of revenues sufficient to enable the carriers under honest,econom1cal an~ efficient mana emen to provide such service.
Title 49 u.s.c.A. Sec. 15 (a) 2) The first two factors specified are elements to be considered in determining the value of the ser-. vice to the shipper,and cannot be ignored. If they are to be given any effect,the whole experience of the carriers and shippers demand a reduction in the basic rate level. The foregoing opinion is replete with reasoning which establishes the fact that the present basic class rates exceed the value of the service to the shipper and are,therefore,in excess of just and reasonable rates and should be substantially reduced. The right of the carriers is necessarily limited to a return earned without the imposition of rates which exceed the bounds of a reasonableness, especially when it has been con-

THURSDAY, jANUARY 24, 1935

585

elusively shown by tne experience of the carriers that a reduction in rates actually increases their revenues. We think that the weight to be given the respective factors depends upon the facts presented in each case and that in this case the facts presented by the record demand a consideration of the first two factors named. There can be no question as to this.

The present freight rate structure was built up under conditions of virtual railway monopoly. Conditions,however,have changed and by this change have practically eliminated the movement of goods under the present maximum reasonable rates. It is our opinion that we should,by proper order,lend stability and permanency to a set of rates that ~ould return tonnage to the carriers,permit business within this state,and remove discriminations. We are fortified in this position by numerous recent rulings of the L.c.c. to the effect that voluntary and competitive rates put 1n by the carriers have a direct relation to the reasonableness of rates,and at least to some extent_may be accepted as a measure of just and reasonable rates. The United States Supreme Court has given full effect to the truth of this Statement in the case of

S24k9inune.sr.

and Eddy v.
557, 565.

United

States,

That court,after referring to two decisions of the I.c.c. said:

"~he Commission's power over them(rates)in this respect extends no further than to dis~ourage. the making of unduly low rates by applying deterrents. One such deterrent is found in the fact that low rates,because voluntarily established by the carrier,may be accepted by the Commission as evidence that other rates,actual or proposedAfor comparable service are unrea.sonably high.

In l893,immediately following the panic of 1892,

586

JouRNAL or THE HousE,

some Nebraska farmers filed a suit which was finally decided by the United States Supreme Court in

1S6m9ytuh .sv..

Ames , 466.

In that case the court,speaking through Mr. Jus-

tice Harlan announced the principle that the public

had a right to demand that the rates be no higher

than the service is reasonably worth in the light

of existing conditions. This principle has been re-

affirmed from time to time by the United States

Supreme Court and has been given full effect in the

Los Angeles case,the Minnesota Moratorium case and

in other recent Supreme Court Decisions. The Inter-

sctiasitoenCso,fmomrerecxeaCmopmlem, is2siorn.ci.cn.

some 618,

o6f36itsandea3rlyI.cd.ec-



.

473 1 s a i d :

''The value of the service is generally regarded as the most important factor in fixing rates and carriers in making returns cannot arrange them from an exclusive regard to their own interests,but they must regard the interests of those who may have occasion to employ their service,and subordinate their own interests to the rules of relative equality and justice."

The problem of this Commission,as well as of other rate regulatory bodies,is to attempt to find an equitable yardstick to be used in measuring a level of just and reasonable rates and in determining rational compromise ground,in appreciation of the needs of the carriers and of the public,upon which the conflicting interests should and must meet. The continuance of an adequate national transportation system demands that rates be fixed upon a level that will move the traffic. This is for the carriers' benefit. Rates must be prescribed upon a level that will distribute the burden of the depreciation between the carriers on the one hand and the public on the other hand.

THURSDAY, JANUARY 24, 1935.

587

The raising of rates does not necessarily increase revenues and the lowering of rates does not necessarily reduce revenues. The expression of the United States Supreme Court in the recent case of

F28l2oruid.sa.

v. United States 194, 214-215,

,

75 L. Ed. 313

~s significant. We quote from it as follows:

"The raising of rates does not necessarily

increase revenue. It may in particular lo-

calittes reduce revenue instead of increasing

it,by discouraging patronage. Commission v. Chicago B.& Q.

C(oR. a2i5lr7oaud.s.

563; 63 L. Ed. 271)

Witnesses for the Florida intervenors testi-

fied that any material increase in the Florida

intrastate freight rates would cause them to

move their plants to the timber or abandon

operations,and that in either event the

operator would lose considerable traffic."

In this connection and in furtherance of this statement,the record in this case discloses many instances where commodities failed to move because of transportation costs.

We may sum up the fact of a situation lil{e this upon the carriers and upon those who purchase transporation service as follows: The effect upon the tonnage of the carriers is felt in at least three separate ~nd distinct ways. First,a loss of tonnage resulting from reduced consumption of any particular articles or commodity so affected. This loss is measured by the amount of the reduction in the consumption of the particular commodity; second, loss of tonnage resulting from curtailed production brought about by lowered income. Any curtailment of production,particularly in an agricultural state,seriously affects the volume of tonnage moved by the carriers; third,loss of tonnage which results from the inability on the part of the consuming

_588

I JouRNAL OF THE HousE,

public to purchase the articles needed and useful to them. This inability necessarily follows decreased income and lowered purchasing power.

On the other hand,the effect of such a situation

on the part of the consuming public is felt and

realized lowered

; p

first urchas

i1

n

in g

lowere power;

d se

income cond,le

with ssene

a d

resulting con-

sumption of all commodities,including such articles

as the carriers must transport.

These inter-relations are self-evident and must necessarily be reflected in any equitable rate structure or rate level.

The evidence before the Commission disclosed that the present basic class rates in effect in Southern Territory (Southern territory comprises those states east of the Mississippi River South of the Ohio and Potomac Rivers) are on a much higher level than those in Official Territory (Official Classification Territory comprises those states east of a line drawn from Chicago to Saint Louis,thence following the Ohio and Potomac Rivers to the Atlantic.) A number of facts were produced by way of comparing certain conditions in the two territories. These facts were produced by the carriers and by the Commission's testimony and exhibits

. The existing transportation conditions,between these two territories in our opinion,do not warrant the existing difference in the level of rates.

Since the advent of the railroa~ the states in Official Territory have enjoyed a much more favorable freight rate than the states located in Southern Territory. The reason for this differnce in freight rates is attributed by the carriers to the difference in traffic density in the two territories,and this factor should be given some weight. Highly densely settled territory means probable increase in tonnage over a lesser densly settled territory. However,it must be borne in mind that land values are higher and more expensive road bed

THURSDAY, jANUARY 24, 193;).

589

and equipment are required where traffic density is

high than in territory with low traffic density.

From example,Ohio,with an area of 40 700 square

miles,has eig through which

ht h

c er

it r

ies ailr

of oad

o s

vme rus1t 00r u6

060 p n and

opu in

lation which

,

they must maintain expensive terminal facilities,

while Georgia,with an area of 58,725 square miles

has only one city with a population of over 100,000.

The carrier operating in Ohio must therefore have a

much greater investment in property to conduct its

business than a like carrier operating in Georgia

would necessarily have,and the amount invested to

carry on the service is another factor that must be

given weight in fixing maximum reasonable ra~es.

Lumber for cross ties and construction,which is

quite an item in railroad expense is cheaper in

Southern Territory and especially in Georgia,than in

Northern Territory,and climatic conditions in the

South are far more favorable to railroad operation.

The expense of removing heavy snows from the right-

of-way or freezes interfering with traffic is an

unheard of railroad expense in Georgia and is a

considerable item in Official Territory.

Definite facts and figures in support of the truth of the foregoing statements are found in the record in this case. For example, the tax accrual per mile of road as shown by the Commission's Exhibit No. 32, for the year 1932 were much greater for the fourteen representative roads named in the exhibit operating in Official Territory than for the ten principal class one roads operating in Georgia. The Delaware Lackawana Railway Company operating in Official Territory in 1932 had a tax accrual per wile of road of $5,225.00, which was 11.2% of the railway operating revenues for that year and the Southern Railway system had a tax accrual of only $949.00 per mile of road,which was only 8.4% of the gross operating revenues for the same year.

In this connection the total tax accruals for the ten principal class one roads operating in Georgia in 1926 was more than $32,000,000, for 1929 the total was more than $30 1 000,000 while in 1932 the

590

JouRNAL OF THE HousE,

total was less than 1933 was materially

$le1s9s,00th0a1

000. n fo

r

The figure 1932.

for

By referring to the Commission's Exhibit No. 34, we ascertained that the average cost per cross tie is much less in the Southern Territory than in Official Territory. For example, for the year 1932 the average cost per cross tie to the Delaware and Hudson Railroad Corporation was $2.37 each while for the Seaboard Air Line Railway the average cost per cross tie for the same year was only 75 cents.

By reference to the Comndssionrs Exhibit No. 47 ascertain that for such ma~or items as "depreciation", "maintenance", and repairs" it appears that a comparison between the Eastern District,(Official Territory),and Southern District shows that the Southern District has a distinct advantage in such items as "signals and interlockers","power plant buildings", 11 Power distributor sr.stems,""miscellaneous structures11 The one item 'removing snow,ice and sand" for the Eastern District in 1932 was $l,d68,151 against $124,474 in the Southern D1stric~ the item "injuries to personswas $1,133,397 in the Eastern District against only $257,066 in the Southern District; and the item of "insurance" was $1,761,129 in the Eastern District against only $427,519.00 in the Southern District. The item of "crossings and signals" was $2,120,707.00 for the Eastern District against $486,531.00 for the Southern District. Under the general head "repalrs" the i tern of "Fleating equipment" for the year 1932 was $2,223,106.00 for the Eastern District against $129,779 for the entire Southern District.

The above illustrations could be multiplied many times over and clearly indicate some of the numerous ways in which the Southern Territory has a distinct advantage over the Official Territory in items of operating expense which would offset manydifferences in traffic density.

The Commission's Exhibit No. 48 likewise shows the comparable figures for "total general expenses",

THURSD<\Y, JANUARY 24, 1935.

591

"superintendencen, etc. From the standpoint of topography,the State of
Georgia has an advantage over Official Territory. The general terrain in Georgia is not as uneven as that which prevails in Official Territory according to averages. The larger portion of the State of Georgia consists of coastal plains and level lands which reach beyond the foothills and extend to the mountainous section of north Georgia. The southern part of the Allegheny range extends into the northern part of the state. The topographical advantage is directly related to expense for construction of way,and the more level the country traversed by the carrier,the less expenditure is required for this purpose. The same percentage of grade may be obtained at a less cost to thecarrier and the operation of trains from the standpoint of the size,of the locomotive required and from the standpoint of fuel consumption may be carried on at less expense to the carrier. In uneven territory such as prevails throughout the Allegheny range generally,the carriers are required to do more grading,tunnell1ng, etc.
The intense cold in the north(Official Territory) requires a considerable investment in many instances that are unnecessary in the mild climate in this State. The denser traffic condition of which the carriers speak in their evidence,necessitates the expenditure of a large amount of additional capital made necessary by the construction of double line mileage tracks and likewise increases the item of maintenance of way. This added capital and this added expense of maintenance will necessarily make large inroads into the operating revenue and capital outlays of the carriers and in a great measure,at least,offset the claimed benefits of increased density of traffic and population.
In more densely populated areas the carriers are required to e.ither expend additional outlays to construct grade crossing eliminations or to provide additional employees to be used as watchmen;

592

JouRNAL oF THE HousE,

the more densely populated areas will 11l<:ew1se necessitate additional capital outlays and expenses in numerous other ways than those named above.
We also refer to the item "repair costs" in its relation to locomotives. It is one of great importance and involves a large amount of the operating expenses. The record discloses that the aggregate investment of class one railways in steam locomot1ves,tak1ng the ledger value,was on October 1, 1933, $1,717,697,850.00 and this amount approximately represented what the railways expend in five years for repairs. The repairs for the years 1927, 1928 and 1929 is shown by the record in this case to be $1,190,669,000. The record also discloses that the item "cost of repairs" per horse power unit increases w1.th increased age of the locomotive. The average age-cf-use for the Southern District was only 11.93 years against 13.99 years by the Eastern District. Where the mileage between general repairs is greater the repair cost is mater- !ally less. The record disclosed that the average mileage between general repairs for locomotives in the Southern District is 86,835 miles against only 68,158 miles for the Eastern District. The Southern District locomotives,therefore,make 27.4% more mi+es between general repairs than the locomotives in ordinary use in the Eastern District. This information referred to is shown in the Commission's evidence in the record and on the Commission's Exhibits Nos. 22,23,24,25, and 26. The average cost of repairs per horse power unit for the Southern District is shown to be $1.0952 and for the Eastern District $1.4756. The average cost of repairs per locomotive mile was 21.4 cents in the Southern District against 28.4 cents for the Eastern District. Here,aga1n,the transportation condition is materially more favorable in the Southern District when compared with the Eastern District or Official Territory.
The operating ratios of the class one railways for the year 1932 was shown by the record to be as follows: For the Southern District (freight ser-

THURSDAY, jANUARY 24, 1935.

593

vice), including the Pocahuntas Region,the operating ratio was 63.71; for the Eastern District the operating ratio (freight service) was 68.22. (See Commission's Exhibit No. 27).
The record in this case is replete with operating statistics which accurately reflect a comparison of the operating conditions between the Southern Territory on the one hand and Official Territory on the other hand. The ten principal class one roads operating in Georgia and the fourteen representative roads operating in Official Territory which were selected are compared as to the total tonnage on the Commission's Exhibit No. 28. Related averages and unit costs are shown on the Commission~ Exhibit No. 29. These averages cover the five years, 1928 through 1932. The record discloses that, as a rule,the longer haul traffic is more desirable than the short haul traffic and in this collllection by referring to the Commission's Exhibit No. 29,the averagehaul in the Southern District for the year 1932 was 235.7 against 164 miles for the Eastern District. The total freight expense per freight gross ton mile,including non revenue ton miles,for the year 1932 was $2.28 in the Southern District again~t $2.82 in the Eastern District. The total freight wages,fuel,supplies,and engine house expense per freight train miles in 1932 was only 74 cents in the Southern District against 99 cents in the Eastern District. The road freight wages,fuel, supplies and engine house expenses per freight car ton mile,including non revenue ton miles,for the
year 1932 in the Southern District was .444 cents
agairtst .525 cents in the Eastern District. Reference is made to the Commission's Exhibit No.
46 for a number of operating averages of class one steam railways by districts for the year 1932. The origin per ton of freight for the Southern District was $2.051 and for the Eastern District $1.740. The net ton miles, revenue and non revenue,per train haul was 11,563 for the Southern District against 11,170 for ~he Eastern District and the percent which the net ton miles was of gr.>ss ton miles is

594

JouRNAL OF THE HousE,

showrt to be 43.9 for the Southern District against only 40.5 tor the Eastern District. The net-ton miles per loaded car mile, .revenue and non revenue, was 29.8 for the Southern District against 25.8 for the Eastern District and the car miles per freight car day was 21.8 in the Southern to against 17.1 in the Eastern District. The net ton miles,revenue and non-revenue,per freight car day was 388 in the Southern District against 267 in the Eastern District.

By reference to the Co~ssionts Exhibits Nos. 34,

35,3 prin

6ci1

37i3 pa

8 c

l

and ass

39,comparative averages between the one roads operating in Georgia on

the one hand and the representative roads in Offi-

cial Territory on the other hand are shown.

The Commission's Exhibit No.42 sets forth comparative averages relating to freight traffic between the principal class one roads operating in Georgia on the one hand as compared with the representative roads in Official Territory on the other hand. The average haul per revenue ton or freight is shown on this exhibit and the revenue per freight service train mile. This exhibit also shows the revenue per loaded freight car miles,the revenue per ton mile or !reight,and the revenue per ton of freight of the ten principal class one Georgia roads on the one hand as compared with the 14 representative roads on the Official Territory on the other hand. These comparative averages indicate tbat the level of rates in the Southern District 1s materially higher than in Official Territory and that the operating averages do not warrant any such difference in rate levels.

In this connect1on,the Interstate Commerce Commission,in a number of recent cases,has been confronted with numerous problems arising due to the difference in the class rate levels which prevail in Southern and Official Territory.

Commissioner Eastman,o! the Interstate Commerce Commission in I & S Docket 3127,reported in 156

THt:RSDAY, jANUARY 24, 1935.

595

r.c.c. 117, at page 134, said: "In my judgment,transportation conditions are,on the average,somewhat more favorable in Official than in Southern Territory,but the difference is not as great as is commonly supposed,and is by no means as great as the existing difference between the levels of the class rates in the two territories ! think it would be better if there were no such difference,for it causes a great many complications and controversies with which we are called upon to deal and which would not arise if the two rate structures were similarly designed."
In Southern Sugar Investigation,l42 I.C.C. 459, the Commission said at page 461:
"However,as we have pointed out in other case~ this difference in the level of the class rates in the two territories (Southern & Official) is greater than the difference in average transportation conditions,and because of this fact,commodity rates are relatively more numerous and in general lower,compared with the class rates in Southern than in Official Territory. The result is that in the case of many commodities moving in volume there is no great difference in the level of the going rates in the two territories and in some cases the Southern rates are the lower." In I & S Docket No. 3660, "Rates on Briston and
Norton Lines of Norfolk & Western Railway",reported
in 192 L.c.c. page 315, Commissioner Eastman said, at page 324 of tne opinion:
"~he marked difference between the class-rate structure in Official Territory and the classrate structure within Southern Territory and between the two territories presents an exceedingly troublesome and difficult rate probl~

596

JouRNAL or THE HousE,

We have heretofore remarked,on more than one occasion,that the difference in levels in favor of Official Territory,is not justified by the difference in transportation conditions,or at least only in part. It is rather an outgrowth of historical conditions and a difference in the development of the entire rate fabrics of the two territories in past periods when there was little regulation and much less community of interest and of action between railroads in different territories, and even in parts of the same territory,than now exists." Commissioner Tate in the same case said: "It is my opinion that whatever the CJmmission would do in the above named investigation and suspension case,No. 3660,would be far from ideal,and the explanation for this statement of my individual opinion is to be found in my belief that the class rates fixed for Official Classification Territory and those fixed for Southern ClassificatiOn Territory are so improperly related that it is impossible to do exact justice until that relationship is changed." We concur in the statements referred to to the effect that the difference in levels in favor of the Official Territory is not justified by any existing difference in transportation conditions, and certainly it cannot be argued or contended even by the carriers themselves that a higher level of rates for Southern Territory can be justified if the ability of those who use this service,in the south,to pay for it is given any consideration whatsoever. We are confident in making the statement that it cannot be logically or equitably urged that the value of this class of service is greater in the State of Georgia under the existing conditions than it is in Official Territory. On the contrary,the cost of rendering this service in Georgia should not,ought not,and we think it will not be

24, THURSDAY, JANUARY

1935.

597

greater,under proper management,than in rendering like service in Official Territory.
Agricultural products,or products of the farm, have always been given rates within the lowest zone of reasonableness. The preponderance of the movement of these products in the Southern Territory is another reason why the difference ih the rate levels existing between the two territories should be materially lessened or entirely removed. In this connection reference is made to the Commission's Exhibit No. 40, which shows the percent of total tonnage carried represented by products of agriculture,carload,for the year 1932 for the ten principal class one roads operating in Georgia when compared with the fourteen roads operating in Official Territory. The Commission's exhibit No. 45 shows the total freight traffic origniated,freight traffic terminated,total freight traffic carried,products of agriculture,by regions,for the calendar year 1932. This exhibit likewise shows the total freight revenue dollars derived from the movement of products of agriculture. For the Southern Region the revenue from the products of agriculture constitute 21.7% of the total freight revenue dollars while in the Northeastern Region the revenue from the products of agriculture constitute only 16.~~ of the total freight revenue dollars.
By reference to the Commission's Exhibit No. 44, which supplements its Exhibit No. 40, the importance of the traffic in products of agriculture to the Southern carrier is emphasized. The Southern Region or Territory is originating a comparative greater percentage of the total tonnage carried than is the Eastern Territory. This indicates the fact that Southern Territory is not only an agricultural section but is a producing section which produces commodities which must be consumed by the more densely populated areas of the country. If rates are such as to depress the movement in this kind of traffic the scarcity of the commodity at the consuming point controls the price and the price controls consumption and brings about many economic changes. The

598

JouRNAL OF THE HousE,

importance of the traffic in this group of commodities is therefore emphasized as it relates to the carrier,the shipper,and to the consumer. By referring to subsection (g) of the Commission's Exhibit No. 40 Part I Sheet 2, and Part II Sheet 2, the percent of traffic originated to totai traffic carried for the years 1931 and 1932 shows that for the ten principa~ class one roads operating in Georgia this percentage is very materially higher than for Official Territory roads. The level of rates in the Southern Territory must be on a basis that will permit the traffic to move from the producing section to the consuming section. In this there is a distinct advantage to the carrier, to the shipper; and to the consumer. Here again the Southern Region has a distinct advantage over the Offictal Territory in that the rates established for the movement of total volume of the traffic in which is included a major percentage of the commodities coming within the lowest zone of reasonableness, muf:lt come within this lowest zone of reasonable rates.
The carriers have not given to the Commission the various costs involved in connection with the rendition of the service but have introduced in evidence some calculations based on experience figures, theories,investments,etc.,which purport to cover the yard and terminal costs of handling L.C.L. merchandise. The theory upon which the figures are based is very indefinite and is of little worth to the Commission in its effort to solve the problem now before it.
The Commission's Exhibits Nos. 15,16,17,18,19, and 20 give a number of unit revenues and expenses, expense averages,gross terminal expense,car miles switched,freight car repairs,freight service expense,total freight expense per loaded car miles, and total freight expense per train mile for the class one carriers operating in Official Territory, on the one hand,and Southern Territory on the other hand.

THURSDAY, JANUARY 24, 1935.

599

The testimony of the Commission's rate man fully

explains the source and reliability of the infor-

mation thus furnished. The Exhibits indicate nume~

ous instances in which the Southern Territory has

very material Official Terr

and di itory.

stin The

cst eal edcvtaendtagre.cs .co.vesr t at htei s

t

ics

of all freight,car load and less car load for the

year 1932 as shown by Exhibit 15 when compared with

the Exhibits immediately following indicate to the

mind of the Commission that by comparison the basis class rate lever in Southern Territory is much high-

er than warranted when compared with the level in

Official Territory. The present level in effect

in Southern Territory is approximately 27%

higher than in Official Territory. The Exhibits 15

to 20 when taken in connection with the other ele-

ments referred to in this order,and when taken in

connection with the entire record in this case clea~

ly and conclusively show that there are not trans-

portation conditions warranting any such difference.

Exhibit 15 shows that operating expenses and taxes

per thousand net ton miles in the Southern District,

is only $6.26 while for the Eastern District the

figure is $8.29. For one thousand gross ton miles

the operating expenses and taxes for the Southern

District are $2.23 and for the Eastern District

$2.71. The figures for the marginal road haul cost

shown in this Exhibit also reveal the fact that

these costs are very materilly lower for the Sou-

thern District than for the Eastern District. The

same statement is true with respect to the average

haul per ton in the two districts. The revenue ton

miles per loaded car mile as shown in this Exhibit,

is 27.24 for the Southern District and 23.85 for the

Eastern District.

By referring to Exhibit 16 the total expenses per car mile are considerably higher in the Eastern District than in the Southern District. The same statement is true with respect to Taxes and the total expenses and taxes per train mile is more than 30% lower in the Southern District than in the Eastern District.

600

JouRNAL oF THE HousE,

By reference to this Exhibit,it will be shown that in the expense averages set forth in the Exhibit that the Southern District has a distinct advantage over the Eastern District.
By reference to Exhibit 17,it will be ascertained that revenue per ton originated and revenue per ton carried is very materially higher in the Southern District than in the Eastern District.
By referring to the Commission's Exhibit 18, we see that the gross terminal expense per ton handled in the Southern District was only $1.92 against $2.97 for the Eastern District and that the cost per car mile for the Southern District was only 50 against 56 for the Eastern District.
By referring to the Commission's Exhlbit No. 19 we see that the total freight expense per loaded car mile is .1634 for the Eastern District against .1541 for the Southern District and the total freight expense per train mile is $4.82 for the Eastern District against $3.82 for the Southern District. This total freight expense per trainmile is more than 25% higher in the Eastern District.
From the record in this case we could go on multiplying these illustrations in hundreds of ways. We are of the opinion that the definite facts and figures shown in the record,the reliability and authenticity of which have not been disproven, clearly and conclusively offset any difference between the Southern and Official Territory that might arise from a difference in traffic density. - The rate structure as a whole cannot be changed or lessened by a small volume of traffic that is actually moved under the present maximum basic rat~ by relating it to a short mileage block. It is certain that the carriers throughout Official Territory are rendering the service under conditions which we have described at a much lower rate than under conditions prevailing in the Southern District which do not warrant such difference.

THURSDAY, JANUARY ,24, 1935.

601

The record discloses numerous instances and many potential economies which might and should be perfected by the carries,such economies.as modern, honest,efficient business management demands. We are not unmindful of the fact that the evidence shows instances of increased efficiency and economy in operation but we do find that the record in this case discloses that there are still many ways in which more may be accomplished through cooperation among the carriers and through the application of business judgment.
Practically no advantage has been taken of the authority granted by the Transportation Act to pool freight traffic and earnings in the interest of economy and the record in this case discloses that many potential economies might be effected resulting in further saving to the carriers in eliminating competitive waste due to circuitous hauling and duplication of service and in other instances.
The record shows that through the agency of "Freight Forwarder Organization" which are of necessity forced to operate on narrow margins of profit that superior conditions have been developed, surpassing the comparable conditions of rail carriers. As an illustration,the clerical expense of forwarders is shown to be 75% of ton originated and in 1932 the cost of platform labor handling rail L.C.L. traffic was 98 per ton physically handled or a total of $1.96 for origin and destination handling.
Is ,it possible that the carriers have not felt the same necessity as that which confronted the forwarders and which caused them to develop the superior practices and methods reducing cost of transportation?
Another illustration of improper managment which should be eliminated is found in the contracts between express companies and rail carriers. The reciprocal relationship arising under these contracts often operate at a distinct disadvantage to

602

JouRNAL OF THE HousE,

the express company and to the rail carrier. By the pooling of shipments,integration of station
facilities reduction in rail building expense, integrating traffic and facilities so as to reduce rail platform expense,cooperation resulting in a reduction of transfers,a reduction of total costs by eliminating duplication of service wherever possible,economies affected through concentration at destination of merchandise,all show a great need for the exercise of an efficient economic judgment on the part of the carriers in reducing the cost of transportation so as to permit the rendition of the service at a reasonable rate.
Without going further into matters of this kind we simply state that in our opinion the record amply supports a finding that the present need of the public and the carriers is for a rate level which will move the traffic; the need of the public for adequate and efficient railway transportation service at the lowest possible cost; and the need of the public to have rates that will under honest, economic and efficient management,yieid the carriers a reasonable revenue demand that such needs and methods and practices should be reflected in a reasonable rate level prescribed for the movement of the traffic.
This Commission after a recent hearing on a former rule nisi,in view of its finding that the basic class rate level in Southern Territory should be on the approximate same basis as for Official Territo~ prescribed a scale ofclass rates for application between points within Georgia which were on the approximate level in effect in Official Territory. The carriers filed suit in the United States Court and obtained a restraining order enjoining the enforcement of said schedule on the ground that said rates were confiscatory. Subsequently this commission passed an order revoking said rates and also passed an order discharging the rule nisi under which the former hearing was had. It issued the rule nisi under which the hearing as had in this

THURSDAY, ]ANUARY 24. 1935.

603

case and conducted the hearings in an effort to ascertain an equitable basic class rate level not subject to any constitutional objections. At this hearing much testimony was introduced,and the Commission's expert introduced voluminous testimony dealing specifically with the various comparative operative results; costs of rendering the service; and numerous items affecting a proper rate level. We have referred to this testimony throughout this opinion,and have carefully considered the entire record developed on this investigation. We feel that we are required to prescribe a rate level substantially different from the one which was enjoined,and will do so. We are convinced and it is our deliberate judgment that the schedule which will be prescribed is amply supported by the record in this case,and is just and reasonable from the standpoint of the carriers and is entirely free from any logical and reasonable attack as to its const1tutionality.
The record in the case before the Commission disclosed the fact that, althouflh tlie State of Georgia,is primarily and essentially an agricultural state that,from the standpoint of industrial development,it ranks at the top among the southern states and particularly with reference to the development ofthe cotton manufacturing industry. This industrial development,of necessity,brings about a closer similarity between traffic and transportation conditions in this state and in Official Territory. The traffic movement in this state is therefore not sporadic and unusual. Many of the points of origin and distribution are points of manufacture and industrial development.
The carriers have throughout the hearing stressed their present acute financial condition and have contended that because of this fact the present level should not be disturbed.
In r.c.c. Docket 25,233,which was decided by the
Interstate Commerce Commission on January 22,1934, that body said:

604

JouRNAL OF 1HE HousE,

"vn-en respect tv -cne question of past

unreaso presen-c

naacbulteenersisn1adnefceinadlancto.sn

stress th dition and

e

i

r

contend, in substance, that b.ecause of

this,they should not be required to pay

reparation. A shipper is entitled to

reasonable rates notwithstanding the

financial condition of a carrier".

The carriers have not furnished to us the value of their property allocated and apportioned to the rendition of Georgia intrastate traffic. They explained their failure to do this by stating that their system of bookkeeping and accounting was not kept in such a way as would enable them to make the allocation with reasonable accuracy. Neither did they attempt to make any allocation as to the revenues assignable to traffic movement incrastate in Georgia,nor as to the operating expenses incurred by them in the rendition of this type of service.

We are not unmindful of the fact that the carriers have used some system.by which they have allocated the portion of their property situated within the State of Georgia for the purpose of tax assessment.

The evidence disclosed that the ten principle class one carriers operating in Georgia operate a total mileage of approximately 26,000 throughout their systems and that of this total,approximately 5,400 miles, are operated in Georgia. The exact percentage is 20.8.

In the case of

Central of Georgia Ry. v. R.R. Commission of Ala.,
209 Fed., 75.
the u.s. District Court in Alabama seemed to lay
down the propostition that th~ valuation of a carrier's intrastate property for the purpose of determining the reasonableness of rates on intrastate business in the absence of definite property

THURSDAY, jANUARY 24, 1935.

605

may be obtained by doubling the values fixed by the state for taxation purposes. On this basis,if the values which these ten principal class one carriers operating in Georgia made their returns to the Comptroller General of this State,are doubled,and that figure should be taken as representative of the fair value of the property located in this State,when the net railroad operating income by these carriers for tL~ year l933,as taken from the record in this case,is related to that value,the rate of return would exceed the 5-3/4 per cent. figure which was fixed by the Interstate Commerce Commission as the maxi~um rate of return for railroad carriers during the peak years.
The variO'lS carriers,of course,have different methods by which allocations and apportionments of revenues and expenses are made. For certain purposes locomotive miles if the basis used; for other purposes train load miles is the basis used; for certain other purposes the actual figures are used; and -in yet 9ther instances the ton mile basis is used.
Regardless of what has been said above,it is certain that under the evidence in this case,the carriers regard the portion of their mileage in this State as constituting links in their entire system and that the prime purpose in the operation of the entire system, and that the chief value to its owners, is found in the through traffic,the intrastate business being incidental only. If these facts are true intrastate traffic should not be burdened in the distribution of transportation expenses and costs.
In giving this matter consideration we have considered the principle announced by the Supreme Court of this State in the case of
Railroad Comrrdssion v. L. & N. Railroad Co., 140 Ga. 817, 832. ~-le feel that we .have been fortified in this position further by the announcement of the same doctrine

606

JouRNAL OF THE HousE,

in the Minnesota Rate Cases found in
230 u. s. 352,
57 L.Ed. 1511.
And in the long line of u. s. Supreme Court Deci-
sions following the above named case,we have not only attempted to elicit definite,specific information relative to the carriers intrastate operations during the hearings in this case,but have prescribed a form to be used by the carriers in making their annual reports to this Commission in which the definite information has been called for and in spite of all of our efforts the carriers have not furnished the definite,specific figures either as to values,operating revenues,or operating expenses incident to and connected with the rendition of intrastate traffic.
The record in this case as to values is very indefinite, vague and uncertain for many reasons. The carriers have relied almost exclusively on investmept accounts which include not only the investment of the carriers operating the lines but also include investment in leased lines operated including cash working capital,material and supplies. To illustrate the unreliability of such value take, for example,the Central of Georgia Railway. The investment account appeared to have been opened up on a basis of the par value of stockS and bonds which were later sold at much less than that value. This illustration indicates that there is no reliability whatever to be attached to such an investment value as a rate base. Again,in some instances bonds appear to have been sold or exchanged at ridiculously low figures. Rates that will allow sufficient revenue to yield a return on a value based on such bonds of course would be unfair and unreasonable.
Another illustration of the indefinite and unreliable character of the evidence as to values is indicated by the facts and figures which represent the existing depreciation reserve fund. In many

THURSDAY, JANUARY 24, 1935.

607

instances fully fifty or sixty per cent of the entire investment of the carriers in equipment has been recovered by annual.charges out of operating expenses to the depreciation reserve fund and in some instances there remains at this time in the accrued depreciation reserve fund more than 50% of the entire investment of the carrier in equipment. Of course,any present value of the property of the carriers would have to be depreciated by whatever existing depreciation there is in the physical property.
Another illustration which might be cited as indicating the uncertainty as to any claimed fair value arises from the fact that the present state of maintenance of the property of the carriers generally appears to be unsatisfactory. A large percentage of locomotives,freight cars,etc., are in bad order. A large percentage of such property is not presently used or useful in the rendition of the service by the carrier. i~1ntenance of way and structures has been deferred to a large extent.
Another illustration arises in the fact that under the present s~stem of oReration by the carrier excessive 11 dead or 11 tare weight is required for the movement of the traffic.
Before any logical reasonable effect could be given to any contention on the part of the carrier as to its claimed right to earn a fair rate of return on the fair value of its property,we are of the opinion and find that a complete readjustment of the entire property and investment account would have to take place.
The evidence of the carriers disclosed that since 1926,in spite of the fact that there had been a general decline in traffic conditions,traffic revenues,and traffic expenses,large investments had been had by a number of the carriers. We have given consideration to that fact and have every reason to believe that the amount of idle equipmen~ especially in rolling stock,is at this time ex-

608

JouRNAL oF THE HousE,

cessive and burdensome. The history of class rates in this state,in our
opinion,and in the light of the foregoing statements and conclusions attest the unreasonableness ot the present level.
The record in this case,in our opinion,!ully substantiates the conclusions hereinbefore stated and the findings based thereon as to the method upon which a just and reasonable rate can and ought to be determined.
We are convinced that the carriers' attitude with respect to certain commodity rates and truck competitive rates indicates that the experiment thus tar has been successful and has warranted a continuance of these rates,and we have every reason to believe that the carriers are not now acting without the aid of accurate and reliable data with reference to these rates. We do not conceive that it is beyond their power to have in their possession availaole data at all times as to the results ot such rates. These rates have been in effect tor some considerable period of time.
We do not consider that because an intrastate rate may not be on the exact level ot interstate rates,that tor that reason the intrastate rate should be condemned as unjust and unreasonable. Reasonableness in rates is not measured by uniformity.
We are convinced that in the distribution of the transportation burden,the rate structure should be so adjusted as to !airly,equitable and impartially divide all costs incident to or connected therewith in the rendition of the service and in the paying for it,so as to prevent an undue burden either to the carrier or to the public. That it is not !air, just and equitable for the carrier to assume all of the loss or for the public to carry the entire burden.
We feel that our position with respect to the

THURSDAY, jANUARY 24, 1935.

609

worth of the service is fortified by judicial interpretation and by regulatory.decisions,and should be given effect in determining a proper measure to apply in fixing just and reasonable rates.

We find that the disparity existing at the present

ctiomme~o1 dbiettwieesenshraoiullrdo

ad be

lines and the prices of other relieved and that a reduction

in the existing class freight rates will result in

removing at least a part of this disparity.

We are of the opinion that the difference between rates in Georgia and elsewhere are not justified at the present tune,and that a reduction of Georgia class freight rates will. result in industries and enterprises of Georgia using the facilities of the carriers to a greater extent and to their mutual advantage.

\...Je find, upon the consideration of the record in this case,that the present schedules of class rates applicable on Georgia intrastate traffic which were established and which became effective in January, l928,are grossly unjust,unreasonable,excessive and exorbitant and should be reduced.

We further find that the schedules of rates attached hereto are just and reasonable as basic class rates for application on Georgia intrastate traffic and are just and reasonable maximum rates which are commensurate with the value of the service rendered by the carriers and which are just and reasonable to the carrier.

An order for the future will be entered in accordance with the above finding.

J.P. Wilhoit Chairman.

610

JouRNAL OF THE HousE,

July 21, 1934. File - 19231 Docket No. 374-A IN RE: General revision of Class rates between points within the State of Georgia. Rule nisi before the Georgia Public Service Commission. After consideration of the record in the above stated case,and in accordance with the opinion and findings of this Commission,it is ORDERED: That effective on and after August 20, 1934,and until the further order of the Co:rmnission., the class rates shown in Appendix "A" and Appendix "B", hereto attached and made a part of this order, shall be the maximum rates to be charged b freight tariff Class "A" and freight tariff Class 1B" railroads between points wholly within the State of Georgia and to be used and applied by each of the railroads operating within the State of Georgia in the manner and as hereinafter directed. Freight tariff Class "A" and freight tariff Class 11 B" railroads are as designated in Appendix 11C" attached hereto and made a part hereof. ORDERED FURTHER: That the maximum class rates prescribed in the foregoing order may not be applied in arriving at carload commodity rates now in effect that are made by a fixed percentage of the first class rate,except that where the less carload in the foregoing order results in a lower rating and/or charge and observing the carload minimum weight such less carload class rate shall be observed as the maximum carload rate. ORD:C::RED FURTHER: That the maximum class rates prescribed in the foregoing order shall be subject to Southern Classification ratings as approved by the Commission and exceptions to Southern Classification ratings as approved by the Commission,except that where any rule of said Southern Classification co~flicts with any rule of this Commission the rule

THURSDAY, jANUARY 24, 1935.

611

of the Commission shall govern.

ORDERED FURTHER: That the joint rates prescribed in the foregoing order shall be divided on the same basis and under the same conditions as pre scribed in the Commission's order dated December 7, 1927, effective January 15, 1928, Docket 16415.

Subject to the further order of the Commission.

BY ORDER OF THE GEORGIA PUBLIC SERVICE COMMISSION.

J .M. Forrester Secretary.

J.P. Wilhoit Chairman.

Maximum Class Rates to be charged by all Freight Tariff Class "A" Railroads for single and joint line application.

APPENDIX "A"

())
.......

t'V

Rates in cents per 100 pounds

CLASSES

._

Distances

5 Miles and Under

10 II

II Over

5

15 II

II

II

10

20 II

II

II

15

25

II

II

II

20

1 2 3 4 5 6 7 8 9 10 11 12
.
30 26 21 17 14 12 11 9 8 7 6 5 31 26 21 17 14 12 11 9 8 7 6 5 33 28 22 18 15 13 12 10 9 8 7 6 34 29 24 19 15 14 12 10 9 8 7 6 36 31 25 20 17 14 13 11 9 8 7 6

0c:
:>z<'
t"'
0
"1
...,
:X:
tTl

::r:

30 II

II

II

25 37 32 26 21 17 15 13 12 10 8 7 6

35 II

II

II

30 39 34 28 22 18 16 14 12 11 9 8 7

40 II

II

II

35 41 35 30 23 19 17 15 12 11 9 8 7

c0::
CJ)
,!'1

45

II

II

II

40 43 37 31 24 20 17 16 13 12 10 9 7

50 II

II

II

45

45

40

3') ~J

26

21

18

17

14 12

11

9

8

55 II

II

II

50 48 41 34 27 21 19 17 15 12 11 10 9

60 II

II

II

55 50 43 35 28 22 20 17 15 12 12 10 9

65 II

II

II

60 53 45 36 29 23 21 18 16 13 12 11 9

70 II

II

II

65 55 46 38 30 24 21 19 17 14 12 11 10

75 II

II

II

70 57 48 39 31 25 22 20 17 14 12 12 10

Distances

Sheet 2. APPENDIX "A" Rates in cents per 100 pounds
CLASSES
1 2 3 4 5 6 7 8 9 10 11 12

80 Miles and OVer

75 59 49 40 32 26 23 21 17 15 13 12 10

85 II

II

II

80 60 50 41 32 26 24 21 17 15 13 12 11

90 II

II

II

85 61 51 42 33 27 24 21 18 15 13 12 11

95

II

II

II

100 II

II

II

90 62 52 43 34 27 25 21 18 16 14 12 11 95 63 54 44 35 28 25 22 19 16 14 12 11

....,
:t

r-:

110 II

II

120

II

II

130 II

II

140 II

11

150 11

II

II

100 65 55 45 36 30 26 23 20 17 15 13 12

II

110 68 58 47 37 31 27 24 21 17 15 13 12

II . 120 70 59 49 39 32 28 25 21 17 16 14 12

II

130 73 62 51 40 33 29 26 21 18 17 15 12

II

140 75 64 53 41 34 30 26 22 19 17 15 13

~
0"'
>
~-<:
........ > c:.:.-:: >

~

160 II

11

II

170 11

II

II

150 78 66 54 42 35 31 27 23 .-v 1.'1 15 13 160 80 67 55 43 35 31 28 24 20 18 16 14

--<:
!'-'

180 II 190 II 200 II

"
II

II II

II

II

170 82 68 57 44 36 32 28 24 21 18 16 14

......
:;:,

180 84 70 58 45 37 33 29 25 21 19 17 15

w
~~

190 85 72 59 46 38 34 30 26 21 19 17 15

210 II

II

II

220 II

II

II

230 II

II

"

240 11

II

II

260 n

II

II

200 86 73 60 47 39 35 30 26 21 19 1? 15 210 88 74 .61 48 40 35 31 26 22 20 17 15 220 89 76 63 49 40 35 32' 26 22 20 17 15 230 91 78 64 50 41 36 32 27 23 21 18 16 240 94 80 66 52 42 38 33 28 24 21 18 16

0)

280 II

II

II

260 97 83 68 54 44 39 34 29 25 22 19 17

~

Distances

300 Miles and Over

320 11

11

II

340 II

II

11

360 II

II

11

380 II

11

11

400 11

"

11

420 " " "

440 II

II

"

460 "

II

II

Sheet 3. APPENDIX "A" (J)

Rates in cents per 100 pounds

~

CLASSES
1 2 3 4 5 6 7 8 9 10 11 12

280 101 86 70 55 45 40 35 30 26 22 19 17

300 104 88 73 57 47 41 36 31 26 23 20 18

320 107 92 75 59 49 43 38 32 27 24 21 19

340 111 94 78 61 50 45 39 33 28 25 21 19 ._

360 114 97 80 63 51 45 40 34 29 26 22 20

c0

380 117 100 82 64 53 47 41 35 30 26 22 21

~z >

400 120 101 84 66 54 48 42 36 30 27 23 21

t"'

420 122 104 86 67 55 49 43 36 31 27 24 21 440 125 106 87 68 56 50 44 37 31 28 25 22

0
".o..:,:

X

ttl

::r:

c0

Cll

J'1

APPENDIX B 11 11

Maximum Class Rates to be char~ed by all Freight Tariff Class B 11 Railroads for sinele and joint line application.

Rates in cents per 100 pounds.

CLASSES

~
c::

Distances

1 2 3 4 5 6 7 8 9 10 11 12

:e<n1
~

5 Miles and Under

39 35 28 23 18 16 14 12 10 9 8 7

.~.-_<

10 II

15 II

20 II

25

II

II Over

II

II

II

II

II

II

5 40 35 28 23 18 16 14 12 10 9 8 7 10 44 38 30 25 21 18 17 13 12 10 9 8 15 45 38 31 25 21 19 17 14 12 11 9 8 20 47 41 34 26 22 19 17 15 12 11 9 8

>zc::
> :-<<1 ~~

30 II

II

II

25 49 42 35 28 22 20 17 15 13 11 10 8

....

35 II

II

II

40 II

"

II

30 51 45 37 29 23 21 18 15 13 12 10 10 35 53 46 38 30 24 22 19 16 14 12 11 10

w<:&) P'

45

II

II

II

40 57 50 42 32 27 23 21 17 15 13 12 10

50 II

II

II

45 59 52 42 34 28 24 22 18 16 14 12 10

55

II

II

II

50 63 54 45 36 28 26 23 19 16 15 13 12

60 II

"

II

55 65 56 45 36 29 26 23 20 16 15 13 12

65 II

II

II

60 68 58 47 37 30 28 24 21 17 16 14 12

70 II

n

II

65 72 61 50 40 31 28 25 22 18 16 15 13

.75 II

II

II

70 74 62 51 40 32 29 26 22 :).8 16 15 13

())
1-1

CJt

Sheet 2. APPENDIX "B11

(J')
1-'

Rates in cents per 100 pounds.

(J')

Distances

CLASSES
1 2 3 4 5 6 7 8 9 10 11 12

80 Miles and Over 75 76 63 52 41 33 30 26 22 19 17 15 13

.85 II

"

II

80 78 66 54 43 35 31 28 23 20 17 16 14

90 "

"

II

95

II

"

II

100 II

"

"

85 79 66 55 43 35 31 28 23 20 17 16 14 90 80 67 55 44 35 32 28 24 20 18 16 14

._

95 81 69 57 45 36 33 28 24 21 18 16 14

0c::

110 II

II

II

100 83 70 58 46 38 33 29 25 21 19 16 15

120 " " " 110 86 73 60 47 39 34 30 26 21 20 17 16

130 "

"

II

120 90 76 64 50 41 36 32 27 22 21 18 16

>"z'
t""
.0..,

140 "

II

II

130 93 79 65 50 42 37 33 27 23 21 19 16

'"'! X

150 "

II

II

140 96 82 67 53 43 39 33 29 24 22 19 17

tTl

:I:

160 II

II

II

150 99 84 69 53 45 39 34 30 25 22 19 17

170 II

"

II

160 103 86 71 55 46 41 36 31 26 23 21 18

180 II

"

II

170 105 88 73 57 46 41 36 31 26 23 21 18

0c::
!""'

190 " " " 180 107 90 74 58 47 42 37 32 27 24 22 18

200 "

II

II

190 109 92 76 59 49 43 38 33 27 24 22 19

210 11

"

II

200 110 94 77 60 50 44 39 33 27 25 22 19

220 II 230 II 240 II

II II II

II
"
11

210 112 95 78 62 51 45 40 33 28 25 22 19 220 115 98 81 64 51 46 41 34 29 26 22 19 230 117 100 82 64 52 46 41 36 29 27 23 21

250 11

II

" 240 120 102 84 66 54 48 42 36 30 27 23 21

!

Sheet 3. APPENDIX "B" Rates in cents per 100 pounds.

Distances

CLASSES 1 2 3 4 5 6 7 8 9 10 11 12

260 Miles and Over 250 121 103 85 67 54 48 42 36 31 27 23 21

270 II

II

II

260 124 106 87 69 56 50 44 38 32 28 24 21

280 290 300

"""

II
"II

II
""

270 124 106 87 69 56 50 44 38 32 28 24 21 280 128 109 89 70 57 51 44 38 32 29 25 22 290 131 111 91 72 58 52 45 39 33 29 25 23

~
c:

310 II

II

" 300 134 114 94 74 60 53 47 40 33 30 26 23

>""0''

320 II

II

330 II

II

340 II

II

350 "

II

II 310 134 114 94 74 60 53 47 40 33 30 26 23
" 320 137 117 96 75 62 55 48 41 33 31 27 2A
II 330 139 119 97 76 63 56 49 42 34 31 27 24
" 340 143 121 100 78 65 57 50 43 36 32 27 25

._~-<
>c>z:
"'><:

360 II 370 II 380 II

"
II
"

II 350 143 121 100 78 65 57 50 43 36 32 27 25
" 360 146 125 102 81 66 58 52 44 37 33 28 26
II 370 147 125 103 81 66 58 52 44 37 33 28 26

-""~..,.
~

390 II

"

II 380 150 128 106 82 68 60 52 45 38 33 29 27

P'

400 "

II

II

390 150 128 106 82 68 60 52 45 38 33 29 27

410 II

II

II

400 153 129 107 84 69 61 53 45 39 34 30 27

420 II

II

II

410 155 131 108 85 70 62 54 46 39 35 30 28

430 II

II

II

420 157 134 110 87 70 63 55 47 40 35 31 28

440 II

II

II

430 157 134 110 87 70 63 55 47 40 35 31 28

450 II

II

II

440 160 136 111 87 72 64 56 48 40 36 32 29

460 II

II

II

450 161 137 112 89172 65156148 40 361321 29

0> f-J

-..,J

618

JouRNAL oF THE HousE,

APPENDIX "B" Sheet 4.

To construct rates for Join~ Line application between Frei~ht Tariff Class 11A' Lines and Freight Tariff Class B" Lines;also between Freight Tariff Class "A" Line!:\ and Tybee Branch of Central of Georgia Ra1lway,the following maximum differentials may be added~(for actual distance over Class "B" Line or Lines, to the first class rate shown on Appendix "A" and all other classes related to first class on percentage shown below.

Differentials.

Distances

First Class

Distances

First Class

10 miles and under 13 120 miles and over 80 27 25 miles and over 10 15 140 miles and over 120 30 40 m1les and over 25 17 160 m1les and over 140 32$ 50 miles and over 40 20 190 miles and over 160 34 65 miles and over 50 22 220 miles and over 190 36 80 miles and over 65 24 350 miles and over 220 39

In computing rates,fractions to be disposed of as provided by Freight Rule No. 8.

APPENDIX "C"

CLASSIFICATION OF RAILROADS

Freight Tarlff Class "A" Railroads:

Alabama Great Southern Railroad Company Atlanta,Birmingham and Coast Railway Company Atlantic Coast Line Railroad Company Atlanta and West Point Railroad Company Central of Georgia Railway Company Charleston and Western Carolina Railway Georgia Railroad Georgia Southern and Florida Railway Company Lexington Terminal Railroad Company Louisville and Nashville Railroad Company

THURSDAY, JANUARY 24, 1935.

619

Freight Tariff Class "A" Railroads:

Monroe Railroad Company

Nashville,Chattanooga and St.Louis Railway Company

(Western & Atlantic Railroad)

SHeaebnoryardw.

Air Line Railway Co. Anaerson, Receivers)

(L.R.

Powell

Jr.

&

Southern Railway Company

Freight Tariff Class "B" Railroads:

Bowdon Railway Gentral of Georgia Railway Co.(Tybee Branch Sta-
tions only) Collins and Glennville Railroad Elberton and Eastern Railway Flint River and Northeastern Railroad Gainesville Midland Railway Georgia,Ashburn,Sylvester and Camilla Railway Company
Gwe.orPguiarvainsd,RFelcoeriivdearsR) ailway (W.V. Griffin and H.
Georgia Northern Railway Georgia,Southwestern and Gulf Railroad Greene County Railroad Hartwell Railway Company Lakeland Railway Louisville and Wadley Railroad Macon,Dublin and Savannah Railroad Milstead Railway St.Marys R.R. Sandersville Railroad Savannah and Atlanta Railway savannah and Statesboro Railway Shearwood Railway South Georgia Railway Statesboro and Northern Railway Company Sylvania Central Railway Company Talbotton Railroad Tallulah Falls Railway Tennessee,Alabama and Georgia Railroad Wadley Southern Railway Washington and Lincolnton Railroad Wrightsville and Tennille Railroad

620

JouRNAL OF THE HousE,

EXHIBIT "J"

DOCKET 309-A

FILE 19227

IN RE: Revision of Rates on Petroleum and Petroleum Products Between Points in Georgia.

BY THE COMMISSION:

Upon a complaint tiled by the Standard Oil Company or Kentucky, the Gulf Refining Company and the Atlantic Refining Company,on the 19th day of January,l934,alleging discrimination in the rates on Petroleum and products thereof moving Intrastate in Georgia against the Interstate movement on the same commodities from the territory known as New Orleans Baton Rouge Group,the Commission issued its nisi to all Rail Carriers operating within the State of Georgia to answer said petition and scheduled the hearing for January 26th, 1934.

The hearing was continued from January 26th and was taken up on March 13th, 1934.

Between the date o! the petition filed by the Standard Oil Company,the Gulf Refining Company and the Atlantic Refining Company,and the date of the hearing,other Oil Companies operating within the State of Georgia intervened in said case.

At Repr

the esen

hearing h tatives of

eld the

on O

iMl aCrcohmp1a3ntihes1

1934, Traffic operating

within this State and all Rail Carriers were present

and both submitted testimony for consideration by

the Commission in the matter or rates to,from and

between points in Georgi~ on Petroleum and Petro-

leum products.

A voluminous record of oral testimony and many exhibits were filed by complaintants and defendants in said matter. The case was concluded on March

THURSDAY, JANUARY 24, 193!1.

621

14th,the record ordered closed,all parties having answered that they had no further testimony to offer and the Commission took the matter under advisement.
The Commission now has before it for consideration, the entire record made in said investigation and now proceeds to make its findings and issue its order thereon as it relates to Petroleum and products thereof.
The record discloses withreference to the allegations of discrimination and the extent of the discrimination -in the existing rates from Brunswick, Port Wentworth and Savannah certain pertinent facts clearly set out in complainant's Exhibits 1,2,5,11, 12,13 and 15 by Witness Beck.
We find from the record that shipments have been regularly made from New Orleans-Baton Rouge District into Georgia in competition with shippers from the Georgia Ports of Brunswick,Port Wentworth and Savannah.
Complainant's Exhibit 19 clearly shows the ability or Baton Rouge to ship to a Georgia point at a lower rate than distributors located in Georgia can ship tor similar distances. An instance or this is
"Baton Rouge can ship to Columbus,Georgia,a distance of 488 miles for 41,while for the maximum distru1ce intrastate in Georgia,460 miles,the rate is 44, or 3 higher. The interstate movement for 488 miles is 41 as against the Georgia intrastate rate of 41 for 360 miles." The record fails to disclose any real or substantial reasons for the dispensatory in the rates as portrayed by complainant's Exhibits. The testimony offered at the hearing discloses that the Oil Companies have made large investments at the Georgia Ports above referred to for the manufacture and/or distribution of Petroleum and

622

JouRNAL oF THE HousE,

products thereof Intrastate throughout Georgia. It also appears from the record that unless relief
is granted,that the investment at the Ports within the State of Georgia which have been made by the Oil Companies for the purpose of serving points within the State are jeopardized by reason of the competition from the New Orleans-Baton Rouge Territory and from Refineries in the Southwest.
The Commission finds that the present Georgia Intrastate rates are unjust and unreasonable and the discriminatory nature of the existing rates on Petroleum products within the State of Georgia, if continued,will stiffle the traffic on Petroleum and Petroleum products Intrastate in Georgia and will destroy the value of the properties of the Oil Companies located at Brunswick,Port Wentworth and Savannah and will force the Oil Companies to resort to other methods of transportation of their products and will resulr in considerable loss of revenue and tonnage to the carr! e'rs.
The Commission further finds that the rates set out in Appendix "A" hereto attached will be compensatory to the carriers and remove the existing discrimination which has been pointed out in this opinion.
An order in accordance with the findings herein will be entered.
This the 26th day of July, 1934. J.P. Wilhoit Chairman.

THURSDAY, jANUARY 24, 1935.

623

July 26th, 1934.

FILE -19227 DOCKET NO. 309-A

IN RE: Revision of Rates on Petroleum and Petroleum Products ~etween Points in Georgia.

After consideration of the record in the above stated case,and in accordance with the opinion and findings of this Commission,it is,

ORDERED: That effective on and after August 31st, 1934, and until the further order or this Commission, the rates shown on Appendix "A" attached hereto and made a part of this order shall be the maximum rates to te charged for the transportation of Petroleum and products thereof in carload quantities by all rail carriers in Georgia.

ORDERED FURTHER: That the joint rates prescribed in the foregoing order shall be divided on the same basis and under the same conditions as prescribed 1n the Comrndssions order dated December 7th, 1927, effective January 15th, 1928, Docket 16415.

BY ORDER OF THE GEORGIA PUBLIC SERVICE COMMISSION.

J .1'1. Forrester Secretary.

J.P. Wilhoit Chairman.

APPEND IX a A"

PETROLEUI'1 AND PETROLEUI'1 PRODUCTS 1 CARLOAD Rates in Cents per 100 pounds

MILES

LINES

A

B

5

9

11

10

10

12

15

11

14

624
MILES
20 25 30 35 40
45
50 55 60 65
70 75 80 85 90
95 100 110 120 130
140 150 160 170 180
190. 200 210
220
230
240

JouRNAL oF THE HousE,

APPEND IX A II II CONTINUED

LINES

A

B

11

14

12

15

13

16

13

16

14

16

15

18

15

19

16

20

17

21

18

22

18

22

19

23

19

23

20

25

20

25

20

25

21

26

22

26

23

27

Z3

28

24

29

25

30

26

31

26

32

27

32

28

34

28

34

29

35

29

35

30

37

30

37

THURSDAY, jANUARY 24, 1935.

625

APPENDIX "A" CONTINUED

MILES

RATES

A

B

250

31

37

260

31

37

270

32

38

280

32

38

290

34

40

300

34

41

310

35

42

320

35

42

330

36

43

340

36

44

350

37

45

360

37

'i5

370

38

46

380

38

46

390

39

47

400

39

47

410

40

49

420

40

49

430

41

50

440

41

50

450

42

51

460

42

51

EXHIBIT "K"

DOCKET No. 202-A

FILE 15419

IN RE: PASSENGER FARES BETWEEN POINTS IN GEORGIA

BY THE COMMISSION: The Commission on January 12, 1934, issued its

626

JouRNAL OF THE HousE,

rule nisi directed to all rail carriers in Georgia requiring them to show cause on February 13, 1934, why all passenger fares in Pullman cars and day coaches,which are the maximum fares prescribed by this Commission to be collected on Georgia intrastate traffic,should not be reduced.
Hearings under said nisi were begun,under order of the Commission,on February 19,1934,and continued through February 21st. Further hearing was had on March 15,1934 and the record closed as to this rule nisi. The present maximum passenger fare rate prescribed for rail carriers in Georgia is 3.6 per mile.
Certain differentials were prescribed for short line railroads,however,it appears that these short line railroads have voluntarily abandoned the differentials and appear as giving effect to the same tariff rates as were generally prescribed under the order fixing the rate at 3.6 per mile. The effective date of the 3.6 rate was August 26, 1920.
It is unnecessary to recite the reasons for the fixing of the rate now in effect as it is common knowledge that the rat~ was a very substantial increase over the rate that had been in effect tor several years prior thereto and tue increase was granted on account of the fact that prices of all commodlties,materials and labor had reached a level . where the regulatory bodies authorized the increase to meet the then existing conditions.
The Commission on the present hearing developed a rather voluminous record showing the history of the rate and the present condition of the carriers. It was thoroughly demonstrated on this hearing that the carriers had reached the place that passenger revenue,due to falling ott ot passenger traffic,had severely declined and had reached the lowest point in railroad history. Two important elements have entered into this decline in passenger trafficone,the financial condition of the travelling publ1~

THURSDAY, JANUARY 24, 1935.

627

and the other,competition by both regulated motor traffic and private automobiles. The record shows that over the period between 1926 and 1932 the ten principle carriers in Georgia,operating under the prescribed maximum fares decreased sixty-eight per cent. in the number of passengers transported and seventy-one and eight-tenths per cent. in revenue collected. Figures were not presented for the year 1933. The record tends to show,from testimony by the carriers,that the decline continued on into the year 1933.

This condition became so alarming to the respon-

sible officials of the carriers operating in Sou-

thern Territory that they applied to the Interstate

Commerce Commission for the privilege of installing

experimental fares at a rate of li per mile in day

coaches,3 per mile in Pullman coaches with round

trip privilege of 2 per mile in Pullmans. This

permission was granted by the Interstate Commerce

Commission and like applications were filed and ap-

proved by the various State Commissions in Southern

Territory,including this Commission. This experi-

mental or reduced fare was inaugurated for a period

of six months ending May 31, 1934. The carriers

have now experienced the result of three months'

operations under this reduced fare; December, 1933,

January and February, 1934. A tabulation of these

resultsJ insofar as ascertainable,is hereto attached

marked

Exhibit

A11

The Commission as a result of this hearing and of the record made,thinks it has been demonstrated beyond any doubt that the present maximum passenger fare rates are excessive,unreasonable and unjust both as related to the public and to the carriers. It appears that this fact was recognized by the carriers voluntarily filing tariffs for much lower fares and that this action on their part is a virtual admission that the fares are too high and should be reduced.

It appears from the testimony of responsible officials of the carriers that a reasonable rate is

628

JouRNAL OF THE HousE,

such a rate that attracts and moves the traffic in commerce. Measured by this definition,a reasonable rate must be much lower than that now in effect.
The Commission is charged by law with the duty of inquiring "from time to time and as often as the circumstances may require" into the rate schedules and if it finds unfair and unreasonable rates,change and revise schedules of rates. The inquiry has been made,and in the opinion of the Commission,the circumstances require such revision in maximum passenger fare rates in the nature of reductions as will fix reasonable rates within the meaning of the law.
The Commission knows that while the element of competition very largely enters into the falling off of passenger travel above referred to,at the same time the very severe depression existing throughout the territory has also had its effect upon the carriers' revenue. The extraordinary loss ln number of passengers hauled is also indicative
bf the worth of the service under existing rates.
The service afforded the public by the rail carriers is one of great importance and such as is to be fostered if satisfactory communication facilities are to be afforded the public. The desire to use this service is conclusively shown by the return of the public to its use under the so-called experimental rates.
Upon a consideration of the record and all relevant facts and circumstances,the Commission is of the opinion,and so flnds,that a maximum passenger fare rate of 2 per mile intrastate in Georgia is fair,reasonable and just both to the public and the carriers,and is commensurate with the value of the service and will afford an adequate return to the carriers for this class of service.
The Commission desires to encourage the carriers in their efforts to find a solution of their passenger service problems and believes that a stable basis of passenger fares should be establish-

THURSDAY, jANUARY 24, 1935.

629

ed without undue and prolonged experimentation. The

Commission has no desire to usurp managerial control

of the carriers and nothing in this opinion or the

order thereon is to be construed or talmn as hamper-

ing the carriers in the experiment under way,or any

other experiment that inures to the benefit of the

public.



An order will be taken in accordance herewith.

BY ORDER OF THE GEORGIA PUBLIC SERVICE COMMISSION.

This,the 16th day of March, 1934.

J.P. Wilhoit Chairman. EXHIBIT A 11 11
STATEMENT SHOWING INCREASE OVER CORRESPONDING PERIODS PREVIOUS YEAR OF NUMBER OF PASSENGERS CARRIED AND INCREASED REVENUE RECEIVED BY PRI~CIPAL CARRIERS OPERATING IN GEORGIA FOR DECEMBER, JANUARY AND FEBRUARY (FIRST THREE MONTHS AFTER INTRODUCTION OF VOLUNTARY REDUCED FARES)

Name of Railroad

. December

Increased

Passen- %Increased Increased %Increased

gers Passengers Revenue Revenue

Carried

.

A.G.S.

"16,862

A.B.C.

3_,345

A.C.L.

A.&W.P.&W. 8_,744

C.of Ga.

C.N.O.& T.P.

F.E.C~

Ga. RR.

i,098

G.S.& F.

6_,189

L.& N.

M.& O.

N.C.& St.L.

N.O.& N.E.

S.A.L.

Sou.Ry.

223,078

107.41 83.23 83.63 66.25
137.50
97.47

$1,294.52

331.00

D 995.00

2,626.29

4,.574.00

D 246.09

D7,698.00

D 654.40

2,851.07

011,295.00

2,775.00

D26 1,

719.00 881.39

8,346.37

D 313.58

2.68 5.47 D 0.30 8.18 5.40 0.35 D 7.30 D 4.01 13.31 D 2.60 10.40 D 8.HO 11.04 3.08 D 0.04

630

JouRNAL OF THE HousE,

EXHIBIT nAttContinued

January :

Name of Increased

Railroad Passen- %Increased Increased %Increased

gers Passengers Revenue Revenue

Carried

A.G.S.

4,152 149.80 $3,368.50 11.18

A.B.C.

3,100 117.07

207.00 5.34

A.C.L.

44,422.00 8.80

A.& W.P.& W.7,951

90.04 1,476.39 4.70

c.of Ga.

6,476.27 8.oo

C.N.O.&T.P.

3,354.94 5.36

F.E.C.

24,581.00 14.10

Ga.RR.

3,Z37

G.S.& F. 5,328

72.53 121.42

D1

1

61 18

4 0

.63 .74

D 12.60 0.67

L.& N.

11,762.00 3.10

M.& O.

2,848.00 15.40

N.C.& St.L.

751.00 1.10

N.O.& N.E.

2,349,05 17.84

S.A.L.

77,520.00 27.85

Sou.Ry. 195,088 109.30 59,998.00 10~75

February:

Name of Increased Railroad Passen- %Increased Increased %Increased
gars Passengers Revenue Revenue Carried

A.G.S. E 13,148

A.B.C.

5,562

A.C.L.

A.& W.P.&W. 11,611

c.of Ga.

C.N.O.&T.P.

F.E.C.

Ga.RR.

4,498

G.S.& F. E 5,820

L.& N.

M.& O.

N.C.& St.L.

159.06 301.13

$2,794.59 1,465.00 5,032.07
E10,468.00

10.12 51.91 19.36 12.53

123.13

403.49 3.93

148.85 E 3,814.57 16.28

THt.JRSDAY, jANUARY 24, 1935.

631

EXHIBIT A 11 11 Continued

February: Continued.

Name of Increased Railroad Passen- %Increased
gers Passengers Carried

N.O~.& N.E, S.A.L. Sou.Ry. El69,507

99.48

Increased ~6Increas ed Revenue Revenue E78,498,58 28.64 E79,115~45 16.38

D - Decrease E - Estimated (Actual figures are not available;
however,testimony shows that estimates are always under actual figures)

These are only figures made available to the Commission for this comparison.

March 16th, 1934.

Docket No. 202-A

File - 18931 - 15419
IN RE: MAXIMUM FARES TO BE CHARGED BY RAIL CARRIERS FOR TRANSPORTATION OF PASSENGERS BETWEEN POINTS WITHIN THE STATE OF GEORGIA

Upon consideration of the record in the above stated case and of evidence submitted at the hearings had thereon,lt Is,
ORDERED: That effective on and after April 20th, 1934,and until further ordered by this Commission,. the maximum fares to be charged by the carriers, shown on Appendix "A" hereto attached and made a part hereof,for the transportation of passengers over the lines of said carriers between points with-

632

jOURNAL OF THE ffuusE,

in the State of Georgia for single,joint or interline appJication:

2 cents per mile for -one way passage. (To in no

wise affect any lesser charge now in effect volun-

tarily by the carriers.)



ORDERED FURTHER: that the maximum fares prescribed in the foregoing order shall be subject to the Commission's Passenger Rules Numbers 1 to 20 inclusive, as reported in pages 92 to 104 of the Commission's 60th Report.

ORDERED FURTHER: that all carriers shown in Appendix 11A11 ,attached hereto and made a part hereof, shall sell through tickets from point of origin to point of destination good for passage over one or more lines of said railroads based on the mileage fares prescribed in the foregoing order and the charges for any joint or inter-line fares shall be divided between all interested carriers by prorating on basis of mileage traveled over each of said railroads.

The basis for dividing the joint or inter-line fares prescribed herein is not intended to prohibit interested carriers from agreeing among themselves on any other divisions of joint or interline fares that may be satisfactory to all carriers interested

. BY ORDER OF THE GEORGIA PUBLIC SERVICE COMMISSICN.

J.M. Forrester Secretary.

J.P. Wilhoit Chairman.

APPEND IX A II II

LIST OF CARRIERS OVER WHICH MAXIMUM PASSENGER FARES PRESCRIBED IN ATTACHED ORDER SHALL BE APPLIED

Alabama Great Southern Railroad Company Atlanta,Birmingham & Coast Railway Company Atlantic Coast Line Railroad Company

THURSDAY, jANUARY 24, 1935.

633

APPENDIX "A" Continued

Atlanta & West Point Railroad Company Bowdon Railway Central of Georgia Railway(H.D. Pollard,Receiver) Charleston & Western Carolina Railway

Collins & Glennville Railway

Elberton &Eastern Railroad

.Flint River Gainesville

& Northeastern Railroad Midland Railway (Gordon

c.

Carson,

W.B.

Veazy - Receivers)

Georgia Railroad Georgia,Ashburn,Sylvester & Camilla Railway Company Georgia & Florida Railway (W.V. Griffin,H.W. Purvis, Receivers) Georgia Northern Railway

Georgia Southern & Florida Railway Company Georgia Southwestern & Gulf Railroad (W.M. Legg, Receiver) Greene County Railroad Hartwell Railway

Lakeland Railway Lexington Terminal Railroad Company Louisville & Nashville Railroad Company Louisville & Wadley Railroad

Macon Dublin and Savannah Railroad Milstead Railway Monrqe Railroad Company Nashville,Chattanooga & St.Louis Railway (Western & Atlantic Railroad)

St. Marys Railroad Sandersville Railroad Savannah & Atlanta Railway (Chas.E. Gay Jr., Receiver)
Swea. bAoanrdderAsoinr ,RLiencee1Rveairlsw) ay (L.R. Powell Jr., & Henry
Shearwood Railway

634

JouRNAL oF THE HousE,

APPEND IX "A" Continued Southern Railway Company South Georgia Railway
Statesboro & Northern Railway
Sylvania Central Railway Company Talbotton Railroad Tallulah Falls Railway (J.F. Gray, Receiver) Tennessee,Alabama & Georgia Railroad Wadley Southern Railway
Wrightsville & Tennille Railroad EXHIBIT 11L"
File No. 18,057 March 27, 1934. IN RE: General revision of Class rates applied by motor carriers of freight and/or property between points within the State of Georgia. BY THE CO~SSION: The Georgia Public Service Commission on its own initiative issued its rule nisi on February 7,1934, directed to all motor carriers in the State to show cause why the present class rates now being charged for the transportation on freight and/or property within the State of Georgia should not be reduced. The said nisi had attached thereto a schedule of rates and the said motor carriers were ordered to show cause why the rates shown on said schedule should not be made effective on Georgia intrastate traffic. Hearings on the rule were begun on March 12,1934,according to the original notice and rule nisi. The motor carriers were present at said hearings

THURSDAY, jANUARY 24, 1935.

635

and offered testimony and gave information concerning said rates and were cross examined by this Commission and the matter was fully gone into and the hearing concluded.
The testimony offered by the carriers at these hearings was general in its nature and dealt with existing operating conditions,costs and expenses.
The present schedules of class rates,fares and charges in effect for transportation by motor common carriers of property are those prescribed by this Commission on August 10,1932,in file No. 18,057. These schedules have been in effect since September 1, 1932,and apply to all motor carriers of freight subject to the Motor Common Carriers' Act of 1931 between all points within the State of Georgia.
In its order of August 10, 1932,the Commission provided that the class rates and charges then prescribed shculd be applied to the classification ratings which it set forth in Appendix "D 11 attached to that order. The order further provided that the rates and charges so prescribed and applied shall be subject to and be governed by the general rules of the Commission set forth in Appendix "B" attached to said order.
The Commission has considered the question of the classification basis used in that order,and as was shown by the.motor carriers at the hearing,that basis of classification was not in accord with the Southern Classification basis used by rail carriers. That the general effect of this difference in the two bases of classification ratings results in a lack of uniformity of the classification of property which the public has for shipment and results in a more complex rate structure.
The Commissivn from its study of the rates and classificatior.s is of the opinion that the use of a uniform classif1,cation basis for all carriers both rail and motor,will simplify and lend uniformity which will be of benefit to the shipping public.

636

JouRNAL OF THE HousE,

Therefore,a proper order will be entered making the Southern classification ratings now applicable for rail carriers the basis of classification for freight or property offered for shipment by motor carriers between points within the State of Georgi~

The existing rates and charges now in effect and

now being charged by motor carriers for the trans-

portation of property between points in Georgia

are definitely related to the level of rates which

were in effect for rail carriers at the time they

became effective. The relationship was not only

comparable but the Commission is of the opinion

that,in order to give proper effect to the policy

establis general

hing leve

an lo

a f

de ra

qua tes

t

e tr for

ansportation application

.sy of

st a

em ll

1

t

h

e

. carriers,whether as the two types

ra of

il s

e

or rv

i

cmeotaorre1

s

hould be competing

i

nfohrartmheony1

movement of the same articles.

Under the statute,this Commission is charged with

the and

dut rea

y so

of na

pr ble

escribing rates,far

emsaxiamnudmcahnadrgmesinifmourmt1

just rans

-

portation by motor conwon carriers of property and

f9r all services rendered by motor common carriers

in connection therewith. This duty is coincident

with its duty under the mandate of the law to pre-

scribe just and reasonable rates for rail carriers.

~~e have recently prescribed a schedule or rates

for rail carriers for general application on the

transportation of property between points within

the State of Georgia. This schedule of rates so

prescribed for rail carriers is in harmony with the

schedules attached to the rule nisi in the case now

under consideration. As we said in the rail carri-

ers' class rate order,herein referred schedule of rates is almost identical

wtoi1t

this h th

e

schedule of class rates now in effect in the North-

ern States (Official Territory).

Not only does but the various

the dec

i

reco sion

rd s

in of t

t h

h e

i

s c

case ourts,

cionmdmiciastseio1

n

s

and regulatory bodies,all show that the movement of

THURSDAY, JANUARY 24, 1935.

637

traffic by motor carriers has rapidly increased during the past two or three years. This evidence likewise discloses the fact that this type of transportation service is not only nationwide,but permanent. Indeed,it is a matter of common knowledge, that motor carriers are not only operating in competition with rail carriers in the Northern States referred to,but,under the existing class rates which prevail in that territory,motor carriers have been able to continue and extend their lines and to increase the volume of their business.

Coordinator,Joseph B. Eastman,in his report of

March 22,1934,said that the highway tonnage for the

year 1932 reported in returns to the motortruck

questionnaire was 32,260iOOO, and in consideration

of these returns in the ight of the returns to the

shippers' questionnaire indicates a total highway

L.C.L. tonnage of about and highway merchandise

4to0n1n0a0g0e,0

00 of

and a about

total rail 60,0QO,ooo.

He stated that this summary of the motor truck

questionnaire included returns of 148 private haul-

ers,7l contract haulers and 214 common carriers,the

latter operating 4,668 vehicles,and that the "Offi-

cial Motor Freight Guide No. 1" issued in December,

1933,lists 1,102 truck lines operating 18,031

vehicles. l"'r. Eastman states:

"In l932,the volume of merchandise handled by highways was more than twice that transported in rail L.C.L. service. Over onehalf ofthis highway tonnage was transported distances in excess of fifty miles."

We have considered somewhat at length in our study of this case the conditions under which motor carriers are operating in this state and elsewhere. The existing conditions in Georgia are as favorable as elsewhere in the South,and are far more favorable than existing conditions in Northern States. The highways of Georgia have in the past few years been vastly improved and now favorably compare with highway conditions eslewhere. From the standpoint of topography this State has an advantage over Official

638

JouRNAL OF THE HousE,

Territory. This advantage is reflected in highway transportation in increased mileage thereby lessening the cost of operation.
Georgia's mild climate permits ~peration on its highways every day in the year and without the serious handicap resulting from the more severe winters,snows and ice of the North.
In Georgia,there is no transportation reason, insofar as we have been able to find,to warrant the assumption that the operating conditions of motor carriers in Georgia are not as favorable as elsewhere. The Commission,therefore,finds that the rates and schedules prescribed August 10,1932,are unjust,unreasonable and excessive and should be reduced to conform to the level prescribed in the schedule attached to the rule nisi.
We further find that the schedule referred to and which was attached to the rule nisi in this case, wqen applied on the basis of classification to be pFescribed,to wit: Southern Classification ratings, with exceptions,are just and reasonable for application as minimum class rates for motor carrier transportation between points within the State of Georgia.
The nature of this type of service is such as to make it a complete service,extending from the shippers' to the consignees' door and covers pickup and delivery. This,at least in some measure,likewise results in a more valuable service,both from the standpoint of the time element involved,and from the standpoint of convenience. The complete merchandise service,the flexibility of the service which makes it more closely adapted to the needs of the customers,and the lessened time element,all render this type of service more valuable and makes it necessary for us to prescribe a differential to compensate for this additional service.

THuRSDAY, jANUARY 24, 1935.

639

An order tor the future will be entered in accordance with the above findings.
J.P. Wilhoit Chairman. Docket No. 181 057 March 27th, 1934. IN RE: General revision of Class rates applied by motor carriers of freight and/or property between points within the State of Georgia. BY THE CO~SSION: After consideration of the record in the above stated case,and in accordance with the opinion and findings of this Commission,it is ORDERED: that effective on and after May lst,l934, and until the further order of the Comm!ssion,the class rates shown in Appendix "A" hereto attached and made a part of this order shall be the minimum rates to be charged by motor carriers tor single and joint hauls between points wholly within the State ot Georgia and to be used and applied by each of the motor carriers of freight operating within the State ot Georgia and as hereinafter directed. ORDERED FURTHER: that the maximum rates tor motor freight carriers shall be Seven (7%) per centum above the rates shown in Appendix "A". ORDERED FURTHER: that the class rates prescribed in this order shall be subject to the less carload Southern Classification ratings as approved by this Comrndssion tor rail carriers except that where any rule of said Southern Classification conflicts with any rule of this Commission,and in the event ot such a conflict the rule of this Commission shall govern. ORDERED FURTHER: that rules 1 to 23 inclusive of

640

JouRNAL oF THE HousE,

this Commission issued August lOth, 1932, in Docket 18057,shall remain in full force and effect and shall take precedence over any rule in conflict therewith.

ORDERED FURTHER: that new rules shall be added to said rules to become effective as a part of this order,the first to be known as Rule 24,which reads as follows:

Unless otherwise authorized by the Commission rates shall be charged and computed by using the most direct State highway mileage between point of origin and point of destination of shipments; distances to be computed according to the official State highway mileage.

Rule 25 shall read as follows:

Joint rates between motor freight carriers shall be divided on percentages arrived at by using the local rate of each line to and from the nearest junction or transfer point as factors.

Subject to the further order or the Commission.

BY ORDER OF THE GEORGIA PUBLIC SERVICE COMMISSIO~

J.M. Forrester Secretary.

J.P. Wilhoit Chairman.

APPENDIX "A" Minimum Class Rates to be charged by all Motor Carriers operating intrastate in Georgia.

Rates in cents per 100 pounds

THURSDAY, jANUARY 24, 1935.

641

APPEJ.'I.JD IX A II II Continued

Rates in cents per 100 pounds.

Distances

Classes: 1 2 3 4 5 6 7 8 9 10

15 Miles and Under 10 33 28 23 18 15 13 12 10 8 7

20

II

II

11 15 34 29 24 19 15 14 12 10 9 8

25

II

II

II 20 36 31 25 20 16 14 13 11 9 8

30 II

II

II 25 37 31 26 20 17 15 13 11 9 8

35 II

II

II 30 39 33 27 21 18 16 14 12 10 9

40 II

II

II 35 40 34 28 22 18 16 14 12 10 9

45 50

II II
II

55 II

60

II II 40 42 36 29 23 19 17 15 13 11 9

II

II 45 43 37 30 24 19 17 15 13 11 10

11

II 50 45 38 32 25 20 18 16 14 11 10

II

II 55 46 39 32 25 21 18 16 14 12 10

65 II

II

II 60 48 41 34 26 22 19 17 14 12 11

70 II

II

II 65 49 42 34 27 22 20 17 15 12 11

75 II

II

II 70 51 43 36 28 23 20 18 15 13 11

80

II

II

II 75 52 44 36 29 23 21 18 16 13 12

85

II

II

II 80 53 45 37 29 24 21 19 16 14 12

90 II

II

II 85 54 46 38 30 24 22 19 16 14 12

95

II

II

II 90 55 47 39 30 25 22 19 17 14 12

100 II

II

II 95 56 48 39 31 25 22 20 17 14 13

110 II

II

II 100 58 49 41 32 26 23 20 17 15 13

120 II

II

II 110 60 51 42 33 27 24 21 18 15 14

130 II

II

II 120 62 53 43 34 28 25 22 19 16 14

140 II

II

II 130 64 54 45 35 29 26 22 19 16 14

150 II

II

II 140 66 56 46 36 30 26 23 20 17 15

160 II

II

II 150 67 57 47 37 30 27 23 20 17 15

170 II

"

II 160 69 59 48 38 31 28 24 21 17 16

180 II

II

II 170 70 60 49 39 32 28 25 21 18 16

190 II

II

II 180 72 61 50 40 32 29 25 22 18 16

200 11

II

II 190 73 62 51 40 33 29 26 22 18 16

210 II

II

II 200 75 64 53 41 34 30 26 23 19 17

220 "

II

II 210 76 65 53 42 34 30 27 23 19 17

230 II

II

II 220 78 66 55 43 35 31 27 23 20 18

240 II

II

II 230 79 67 55 43 36 32 28 24 20 18

260 II

II

II 240 82 70 57 45 37 33 29 25 21 18

280 II

II

II 260 84 71 59 46 38 34 29 25 21 19

30G II

II

II 280 '87 74 61 48 39 35 30 26 22 20

320 II

II

II 300,89 76 62 49 40 36 31 27 22 20

642

JouRNAL or THE HousE,

APPENDIX "AII Continued Rates :1n cents per 100 pounds.

Classes:

Distances

1 2 3 4 5 6 7 8 9 10

340 I1i.les and Under 320 92 78 64 51 41 37 32 28 23 21

360 II

II

II 340 94 80 66 52 42 38 33 28 24 21

380 II

II

II 360 96 82 67 53 43 38 34 29 24 22

400 II

II

II 380 99 84 69 54 45 40 35 30 25 42

420 " " II 400 101 86 71 56 45 40 35 30 25 23

440 " " II 420 104 88 73 57 47 42 36 31 26 23

460 " " II 440 106 90 74 58 48 42 37 32 27 24

The following resolution of the House was read:

By Mr. Harris of Richmond. House Resolution No.69. A Resolution-Whereas,His
Excellency,Eugene Talmadge,Governor,did,by executive order,on July 21,1933,suspend from office as members
oPfertrhye,AG.Je.WorgoioadrPuuffb,licPeSrreyrvTic. eKCnoimghmt,issJiuolne,Jawm. eFs eAlt.on
and Walter R. McDonald, and

Whereas, His Excellency, Eugene Talmadge,Governor, did on Decefu0er 1,1933, by Executive order, suspend from office A. J. Woodruff, and
Whereas, the Governor has reported the fact of such suspensions and his reasons therefor, in writing, to this session of the General Assembly:

Therefore, Be it Resolved by the General Assembly of Georgia, upon consideration of said reports, a majority of both houses concurring, that the action of the Governor 1n suspending said Commissioners by said executive orders of July 21,1933 and December 1,1933, be, and the same is hereby approved, and

THURSDAY, jANUARY 24, 1935.

643

Tth. aKt ntihgehts, aJiduleJamwe. sFAe.lt

Perry, A. J. Woodruff, Perry on, and Walter R. McDonald

be, and each of them are hereby removed from office,

and the terms of office of each of said Commission-

ers, including the term of A. J. Woodruff beginning

December 1,1933i are hereby declared to be expired,

as provided by aw.

The House was resolved into the Committee of the Whole House for the purpose of considering House Resolution No.69, and the Speaker designated Mr.Culpepper of Fayette, as the Chairman thereof.

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

Mr. Harris of Richmond movea that the House instruct the Committee of the Whole House to dispense with the reading of the various exhibits of the report of the Governor on removal of the members of the Public Service Commission, and the motion prevailed.

The House was again resolved into the Committee of the Whole House to consider House Resolution No. 69, and the Speaker designated Mr. Culpepper of Fayette as Chairman thereof.

The Committee of the Whole House arose, and through its Chairman, reported House Resolution No.69 back to the House with the recommendation that the same do pass.

The following amendment was read:

Messrs. Lanier and Barrett of Richmond move to

644

JouRNAL OF THE HousE,

amend House Resolution No.69 by striking therefrom the name ot Walter R. McDonald.
On the adoption ot the resolution, Mr. Harris or
Richmond moved the previous question, the motion prevailed, and the main question was ordered.

On the adoption or the amendment, Mr. Lanier or
Richmond moved the ayes and nays, and the call was not sustained.

On the adoption or the amendment, the ayes were 27, nays 130, and the amendment was lost.
On the adoption or the resolution, Mr. Culpepper
ot Fayette 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

Bond

Camp

Allen

Booth

Almand ot Fulton Bowden

Almand of Walton Black

Campbell Caswell Claxton o!

Anderson Ansley or Ansley of Atwood Bannister Bargeron Barnard Barrett Batchelor Bennett Benton

DeKalb Lee

Bland

Blease

Bloodworth

Bradley

Brinson

Brisendine

Brooks

Brown Brown Brown Bush

ot ot ot

Glynn Greene Pike

Camden Claxton ot Johnson Clements or Calhoun Clements of Wheel-
er Cobb Cohen Coleman Coxon

THURSDAY, JANUARY 24, 1935.

645

Culpepper of Hefner

Moye

Echols

Henderson

Mundy

Culpepper of Hogan

Musgrove

Fayette

Hogg

Neal

Darnell

Holland

Newby

Davis of Troup Horton

Oden

Deal

Houston

Parham

Dean

Howard of Chattahoo-Parker of Col-

DeLoach

chee

quitt

Dobbins

Howard of Screven Parker of Union

Dorris

Jackson of Blackley Parks

Douglass

Jackson of Haber- Parr

Durden

sham

Patten of Cook

Edwards of

Joel

Patten of Tift

Lowndes

Johnson

Peek

Edwards of

Johnston

Perry

Stephens

Jones of Brantley Peters

Etheridge

Jones of Lumpkin Pound

Felton

Kelley

Preston of

Flynt

Lanier

Bulloch

Fowler

Lee

Preston of Wal-

Freeman of Bibb Leonard of Musco- ton

Freeman of Early gee

Ramsey

Gammage

Leonard of Walker Rawlins

Gardner

Lewallen

Ray

Garrett

Lewis

Reagan

Gavin

Lindsay

Ross

Gilbert

McBride

Sabados

Gnann

McCracken

Salter

Goolsby

McCranie

Sammon

Grayson

McCutchen

Sartain

Green

McGraw

Scruggs

Griffin of Deca- McKelvey

Settle

tur

McNall

Shedd

Groover

Mallory

Shirah

Groves

Manning

Smith of Mad1-

Guess

Milam

son

Hammock

Mills

Smith of Web-

Hampton

Minchew

ster

Harris

Mitchell of Lamar Spivey

Harrison

Mitchell of Talia- Standard

Hartsfield

ferro

Stephens

Herndon

Moore of Haralson Sutton

Head

Morris

Swann

646

JouRNAL OF THE HousE,

Swindle

Twitty

Teasley

Warnell

Terrell of Hall watl<:ins

Williams of Coffee
Williams of Jack-

Terrell of

watson

son

Troup

Heathers

Terrell of Har- Weeks

Williams of Jones

ren

Helsch

Hillingl1am

Thompson

\-Jest

Wils..:>n

Thrasher

Whaley

Woods

Tipton

Whitmire

Wrench

Toms

Williams of Young

Townsend

Bacon

Zellner

([6)See Appendix,Volume I,for those not voting, By unanimous consent, the verification of the roll

call was dispensed with.

On 189,

nthaeysaodo. ption

of

the

resolution,the

ayes

were

The resol-~tion having; received the requisite cJnstitutional majority was adopted ..

lIr. Harris of Rit::llmond moved that the House dJ now adjourn until tomorrow morning at 9:00 otclock.

On the,motion the ayes were 75, nays 74, and the motion pre'Jailed.
Leaves of absence were granted to :Messrs.Preston of Halton,Harnell of Bryan, Ennis of Baldwin,Gnann

THURSDAY, JANUARY 24, 1935.

647

of Effingham, DeLoach of EVans, l"'oye of Brooks, Howard of Screven, Grayson of Chatham, and l"'artin of Jeff Davis.

The Speaker announced the House adjourned until tomorrow morning at 9:00 otclock.

648

JouRNAL OF THE HousE,

Representative Hall, Atlanta, Ga.

Friday, january 25, 1935.

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

Camp

Ennis

Allen

Campbell

Etheridge

Almand of Fulton Caswell

Felton

Almand of Walton Claxton of Camden Flynt

Anderson

Claxton of Johnson Fowler

Ansley of DeKalb Clements of Cal- Freeman of Bibb

Ansley of Lee houn

Freeman of Ear-

Arnall

Clements of Wheel- ly

Atwood

er

Garrunage

Bannister

Cobb

Gardner

Bargeron

Cohen

Garrett

Barnard Barrett

Coleman Coxon

Gavin Gilbert

Batchelor

Culpepper of

Gnann

Bennett

Echols

Goolsby

Benton

Culpepper of Fay- Grayson

Bond

ette

Green

Booth Bowden

Darnell Daughtry

Griffin of Decatur

Black

Davis of Troup Griffin of

Bland

Deal

Floyd

Blease

Dean

Groover

Bloodworth

DeLoach

Groves

Bradley

Dobbins

Guess

Brlr..scn

Dorris

Hanunock

Brisendine

Douglass

Hampton

Brooks

Durden

Hand

Brown of Gl=rnn Dyer

Harris

Brown of Greene Edwards of

Harrison

Brc;m of Pike Lowndes

Hartsfield

Burgin

Edwards of

Herndon

Bush

Stephens

Head

FRIDAY, JANUARY 25, 1935.

649

Hefner

Milam

Shedd

Henderson

Mills

Shirah

Hogan

Minchew

Smith of Madison

Hogg

M1tchell of Lamar Smith of Webster

Holland

Mitchell of Tal- Spivey

Hooks

iaferro

Standard

Horton

Moore of Clayton Stephens

Houston.

Moore of Haralson Sutton

Howard of Chat- Morris

Swann

tahoochee

Moye

Swindle

Howard of Screv- Mundy

Teasley

en

Musgrove

Terrell of Hall

Jackson of

Neal

Terrell of Troup

Blackley

Newby

Terrell of War-

Jackson of Hab- Oden

ren

ersham

Parham

Thompson

Joel

Parker of Col- Thrasher

Johnson

quitt

Tipton

Johnston

Parker of Union Toms

Jones of Brant- Parks

Townsend

ley

Parr

Twitty

Jones of Lumpkin Patten of Cook Warnell

Kelley

Patten of Tift Watkins

Lanier

Peebles

Watson

Lee

Peek

Weathers

Leonard of Mus- Perry

Weeks

cogee

Peters

Welsch

Leonard of

Pound

West

Walker

Preston of Bul- Whaley

Lewallen

loch

Whitmire

Lewis

Preston of Wal- Williams of Ba-

Lindsay

ton

con

McBride

Ramsey

Williams of Cot-

McCracken

Rawlins

fee

McCranie

Ray

Williams of Jack-

McCutchen

Reagan

son

McGraw

Ross

Williams of Jones

McKelvey

Sabados

WilJ.ingb.am

McNall

Salter

Wilson

Mallory

Sammon

Woods

!'!ann

Sartain

Wrench

Manning

Saunders

Young

Marshall

Scruggs

Zellner

Martin

Settle

Mr.Speaker

W See Appendix,Volume I ,for absentees.

650

JouRNAL OF THE HousE,

Mr~Preston or Bulloch,Chairman ot the Committee on Journals,reported.that the Journal or yesterday's proceedings had been read and round correct.
By unanimous consent,the reading or the Journal or yesterday's proceedings was dispensed with.
The Journal was confirmed. By unanimous consent,the following was established as the order or business during the tirst part or the period of unanimous consents: 1. Introduction or bills and resolutions under the Rules ot the House. 2. Reports ot Standing Committees. 3. Second reading or House Bills and Resolutions, ravorably reported. 4. Third reading and passage or local uncontested House Bills. By unanimous consent, the following bills or the House were introduced,read the tirst time, and referred to the Committees: By Mr.Weeks ot Columbia. House Bill No. 351. A bill to be entitled an Act to amend an Act creating a new charter tor the town ot Harlem,and tor other purposes. Referred to Committee on Municipal Government. By Mr.Stephens ot Laurens. House Bill No.352. A bill to be entitled an Act to amend Section 4361 or the Civil Code or 1910, and for other purposes. Referred to Committee on Special Judiciary. By Mr.Goolsby ot McDuffie. House Bill No. 353. A bill to be entitled an Act to amend an Act which prohibits the use of steel traps in certain counties,and for other purposes. Referred to Committee on Game and Fish.

FRIDAY, jANUARY 25, 1935.

651

By Mr.Goolsby of McDuffie. House Bill No. 354. A bill to be entitled an Act
to vest in tax collectors of certain counties the powers of sheriffs in the collection of tax fi.fas., and for other purposes.
Referred to Committee on Counties and County Matters. By Mr.Goolsby of McDuffie.
House Bill No.355. A bill to be entitled an Act to amend the Act creating the Text Book Comrndssion so that certain sections shall not apply to certain counties.
Referred to Committee on Education No. 2. By Messrs.Blease and Moye of Brooks.
House Bill No. 356. A bill to be entitled an Act to amend Section 1169 of the Civil Code of 1910 with reference to the redemption of land sold under tax fl. fas.
Referred to Committee on General Judiciary No. 2. By Mr.Freeman of Early.
House Bill No. 357. A bill to be entitled an Act to prohibit owners of live stock from killing or destroying same on open range in Early County,and for other purposes.
Referred to Committee on General Agriculture No.1. By Messrs.Ray of Appling,Dean of Rockdale and Morris of Douglas.
House Bill No.358. A bill to be entitled an Act to amend Title 23, Chapter 23-3,Section 23-301 with reference to change of county lines, and for other purposes.
Referred to Committee on General Judiciary No. 2. By Messrs. Groves of Lincoln and Sutton of Wilkes.
House Bill No. 359. A bill to be entitled an Act

652

JouRNAL oF THE HousE,

to provide !or payment of past due pensions,!uneral expenses and physicians bills of deceased veterans and widows,and !or other purposes.
Referred to C0mmittee on Pensions. By Messrs. Harts!ield,Ramsey and Almand of Fulton.
House Bill No. 360. A bill to be entitled an Act to regulate the manner of selling tax executions, and !or other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr.McGraw of Meriwether. House Bill No. 361. A bill to be entitled an Act
to amend Par. 11 of Chapter 95-8 of Code of 1933 with reference to working public roads, and for other purposes.
Referred to Committee on General Judiciary No.2. By Messrs.Hartsfield,Ramsey and Almand of Fulton.
House Bill No. 362. A bill to be entitled an Act to enlarge and define the duties of tax assessors in certain counties,and for other purposes.
Referred to Committee on Counties and County Matters. By Messrs. Parr of Taylor and Johnston of Upson.
House Bill No. 363. A bill to be entitled an Act to amend an act providing !or issuance of certificates of indebtedness by the Highway Department, and for other purposes.
Referred to Committee on Public Highways No. 1. By Mr.Garrett of Carroll.
House Bill No. 364. A bill to be entitled an Act to repeal an act establishing the City Court of Carrollton, and for other purposes.
Referred to Committee on Special Judiciary. By Messrs. Woods of Emanuel and Douglass of Talbot.
House Bill No. 365. A bill to be entitled an Act

FRIDAY, JANUARY 2;), 193:>.

653

to amend an act regulating the sale of narcotics so as to include barbituric acid, and for other purposes.
Referred to Committee on Hygiene and Sanitation. By I1essrs. Woods of Emanuel and Douglass of Talbot.
House Bill No. 366. A bill to be entitled an Act to amend an Act establishing the Georgia Board of Pharmacy by providing what drugs may be sold, and for other purposes.
Referred to Committee on Hygiene and Sanitation. By Messrs. Griffin and Mills of Decatur.
House Bill No. 367. A bill to be entitled an Act to create a board of commissioners of roads and revenue for Decatur County,and for other purposes.
Referred to Committee on Counties and County Matters. By Mr.Booth of Barrow.
House Bill No. 368. A bill to be entitled an Act to require the Governor to appoint commissioners to revise the penal code of Georgia,and for other purposes.
Referred to Committee on Uniforrn State Laws. By Mr. Swann of Grady.
House Bill No. 369. A bill to be entitled an Act to amend the Act creating the City Court of Cairo, and for other purposes.
Referred to Committee on Special Judiciary. By Mr.Swann of ~rady.
House Bill No. 370. A bill to be entitled an Act to amend the ~ct creating the office of Tax Commissioner of Grady County by providing for additional compensation, and for other purposes.
Referred to Committee on Counties and County Matters.

654

JouRNAL OF THE HousE,

The following message was received !rom the Senate through Mr. Hammond, the Secretary thereof: Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following resolutions ot the Senate to wit: By Senator Redwine of the 26th District.
Senate Resolution No. 8. Proposing an amendment to the Constitution providing tor a Lieutenant-Governor who shall be President ot the Senate,providing tor his compensation,and providing tor his succession to the executive power in case of death,resignation or disability o! the Governor. By Senator Redwine ot the 26th District.
Senate Resolution No. 9. Proposing a Constitutional Amendment which provides tor the election ot the President ot the Senate,by providing that the Lieutenant-Governor shall be President ot the Senate,and tor the election of the President Pro Tempore ot the Senate. By Senator Redwine or the 26th District.
Senate Resolution No. 10. Proposing the Constitutional Amendment changing the terms ot office or the Governor and other constitutional State officers, fixing the salary or the Governor and making him ineligible to reelection for tour years, and for other purposes. By Senator Redwine of the 26th District.
Senate Resolution No. 11. Proposing a Constitutional Amendment limiting the duration of extraordinary sessions of the General Assembly to the number of days stated in the proclamation of the Governor convening them. By Senator Redwine of the 26th District.
Senate Resolution No. 12. Proposing a Constitutional Amendment providing tor a State School Superintendent in lieu of the State School Commissioner,fixing the term of office of the State School Superintendent,and for other purposes.

FRIDAY, jANUARY 25, 1935.

655

The following message was received from the Senate through Mr. Hammond, the Secretary thereof: Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate, to wit: By Senator Redwine of th~ 26th District.
Senate Bill No. 4. A bill to be entitled an Act to repeal Section 62-901 of the Code of Georgia, 1933, creating the office of State Veterinarian,and Section 62-903 of the Code of Georgia, 1933, providing for his salary and expenses; and for other purposes. By Senator Redwine of the 26th District.
Senate Bill No. 8. A bill to be entitled an Act to amend the Code of Georgia of 1933 by fixing the term of office ot the Corrruissioner of Agriculture at tour years; and for other purposes. By Senator Redwine of the 26th District.
Senate Bill No. 9. A bill to be entitled an Act amending the Code of Georgia of 1933 by providing a tern1 of office of four years for the Commissioner ot Commerce and labor; and for other purposes.
Mr. Lanier of Richmond County, Chairman of the Com.lJ11ttee on Amendments to Constitution No. !,submitted the following report: Mr. Speaker:
Your Committee on Amendments to Constitution No. 1 have had under consideration the following resolution of the House and have instructed me as Chairman, to report the same back to the House with the following recommendation:
House Resolution No. 12-13a do pass. Respectfully submitted, Lanier of Richmond, Chairman.

656

JouRNAL oF THE HousE,

Mr. Lanier of Richmond County, Chairman of the committee on Amendments to Constitution No. 1, submitted the following report: Mr. Speaker:
Your Committee on Amendments to Constitution No.1 have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 12, do pass. House Bill No. 32, do pass.
Respectfully submitted, Lanier of Richmond, Chai:nmn.
Mr. Brown of Glynn County Chairman of the Committee on Counties and County Matters,submitted the following report: Mr. Speaker:
Your Committee on Counties and County Matters have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendation:
House Bill No. 170,do pass as amended. Respectfully submitted, Brown of Glynn, Chairman.
Mr. Guess of DeKalb County, Chairman of the Committee on General Judiciary No. 1, submitted the following report: Mr. Speaker:
Your Committee on General Judiciary No. 1 have had

FRIDAY, jANUARY 25, 1935.

657

under consideration the following bill and/or resolution of the House and have instructed me as Chairmani to report the same back to the House with the fol owing recommendations:
House Bill No. 233, do pass. House Resolution No. 53-282a, do pass.
Respectfully submitted, Guess of DeKalb, Chairman.
Mr. Twitty of Ware County, Chairman of the Committee on Industrial Relations, submitted the following report: Mr. Speaker:
Your Commdttee on Industrial Relations have had under.consideration the following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendation:
House Bill No. 146, do pass as amended. Respectfully submitted, Twitty of Ware, Chairman.
Mr. Spivey of Emanuel County, Chairman of the Committee on Ways and Means, submitted the following report: Mr. Speaker:
Your Committee on Ways and Means have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendation:
House Bill No. 310, do pass. RespectfullY submitted, Spivey of Emanuel, Chairm:m.

658

JouRNAL oF THE HousE,

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

By Messrs. Harris, Lanier and Barrett of Richmond. House Bill No. 12. A bill to be entitled an Act
to propose to the Qualified voters an amendment to Paragraph 1, Section 2 of Article 7 of the Constitution, to authorize the General Assembly to Classify property for taxation, and for other purposes.

By Messrs. Rivers of Lanier,Lan!er,Harris and Bar-

rett of Richmond.

House Resolution No. l2-l3a. A resolution propos-

ing to the qualified voters an amendment to Article

7, Section of the Constitution, exempting from all

ad valorem taxes, except special assessments, a

homestead not exceeding $5,000 in value.

.

By Messrs. Lanier, Harris and Barrett of Richmond, Rivers of Lanier, and flcGraw of Meriwether.
House Bill No. 32. A bill to be entitled an Act proposing to the qualified voters an amendment to Paragraph 2, Section 2 of Article- 7 of the Constitution, exempting personal property not exceeding $300.00 in value, and for other purposes.

By Mr. Twitty of Ware. House Bill No. 146. A bill to be entitled an Act
to be known as the Georgia Full Crew Law, and for other purposes.

By Mr. Brown of Glyrm. House Bill No. 170. A bill to be entitled an Act
to provide for a commission to advertise Georgia, and for other purposes. By Messrs. Guess, Lindsay and Ansley of DeKalb . House Bill No. 233. A bill to be entitled an Act to amend an Act creating a new Charter for the City

FRIDAY, jANUARY 25, 1935.

659

of Lithonia, so as to change the date of holding elections, and for other purposes.

By Mr. Culpepper of Fayette. House Resolution No. 53-282a. A resolution au-
thorizing and empowering the Governor and Secretary of State to cause a new Great Seal of the State of Georgia to be made, and for other purposes.

By Mr. Claxton of Johnson.
House Bill No. 310. A bill to be entitled an Act to authorize counties, towns or.cities,school districts or political subdivisions to refund outstanding bonds, 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. Freeman of Early. House Bill No. 40. A bill to be entitled an Act
to amend an Act fixing the salary of the County Treasurer of Early County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill,was agreed to.

On nays

ot h. e

passage

of

the

bill,

the

ayes

were

135,

The bill having received the requisite constitutional majority was passed.
By Mr. Freeman of Early. House Bill No. 41. A bill to be entitled an Act to
repeal an Act creating a County Depository for Early County, and for other purposes.

The report of the Comm1ttee,wh1ch was favorable to the passage of the bilLwas agreed to.

660

JouRNAL oF THE HousE,

On the passage ot the bill, the ayes were 134,
nays o.

The bill having received the requisite constitutional majority was passed.
By Messrs. Moye and Blease ot BrookS. House Bill No. 49. A bill to be entitled an Act to
fix the amount ot the bond ot the Sheriff ot Brooks County, and tor other purposes.
The report ot the.Committee, which was favorable to the passage ot the bill, was agreed to.

On nays

ot h. e

passage

ot

the

bill,

the

ayes

were

133,

The bill having received the requisite constitutional majority was passed.

By Messrs. Manning and Helsch of Cobb. House Bill No. 102. A bill to be entitled an Act
to create tour terms of Superior Court ot Cobb County, and tor other purposes.
The report ot the Committee, which was favorable to the passage ot the bill, was agreed to.

On nays

ot h. e

passage

of

the

bill,

the

ayes

were

1321

The bill having received the requisite constitutional majority was passed.

By Mr. Batchelor ot Putnam. House Bill No. 124. A bill to be entitled an Act
to fix the amount ot the bond ot the Sheriff ot Putnam County, and tor other purposes.
The report of the Committee, which was favorable

FRIDAY, jANUARY 25, 1935.

661

to the passage of the bill was agreed to.

On nays

toh. e

passage

of

the

bill,

the

ayes

were

131,

The bill having recetved the requisite constitutional majority was passed.

By Mr. Smith of Madison. House Bill No. 130. A bill to be entitled an Act
changing the terms of the Superior Court of Madison 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 o.

The bill having received the requisite constitutional majority was passed.

By Mr.Dobbins of Morgan. House Bill No. 142. A bill to be entitled an Act
to Repeal an Act to create a Board of Commissioners of Roads and Revenues for Morgan County, and for other purposes.

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

On nays

ot h. e

passage

of

the

bill,

the

ayes

were

129,

The bill having received the requisite constitutional majority was passed.

By Mr.Dobbins of Morgan. House Bill No. 143. A bill to be entitled an Act
to create the office of Commissioner of Roads and Revenues in and for the County of Morgan, and for other purposes.

The report of the Committee, which was favorable

662

JouRNAL or THE HousE,

to the passage of the bill, was agreed to.

On nays

oth. e

passage

of

the

bill,

the

ayes

were 128,

The bill having received the requisite constitutional majority was passed.

By Mr. Wrench of Charlton. House Bill No. 153. A bill to be entitled an Act
to abolish the offices of Tax Receiver and Tax Collector of Charlton County, and to create the office of County Tax Commissioner, and for other purposes.

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

On nays

toh. e

passage

of

the

bill,

the

ayes

were

127,

The bill having received the requisite constitutional majority was passed.

By Mr.Williams of Jones. House Bill No. 169. A bill to be entitled an Act
to reduce the bond of the Sheriff of Jones County, and for other purposes.

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

On nays

ot h. e

passage

of

the

bill,

the

ayes

were

126,

The bill having received the requisite constitutional majority was passed.

By Mr.Brown of Glynn. House Bill No. 244. A bill to be entitled an Act
to consolidate the offices and duties of Tax Receiver and Tax Collector of Glynn County, to provide for a Tax Commissioner, and for othdr purposes.

The report of the Committee, which was favorable

FRIDAY, jANUARY 25, 1935.

663

to the passage of the bill, was agreed to.

On nays

oth. e

passage

of

the

bill,

the

ayes

were

125,

The bill having received the requisite constitutional majority was passed.

By Mr. Brown of Glynn. House Bill No. 248. A bill to be entitled an Act
to repeal an Act to consolidate the offices and duties of Tax Receiver and Tax Collector of Glynn County, and for other purposes.

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

On nays

toh. e

passage

of

the

bill,

the

ayes

were

124,

The bill having rece1ved the requisite constitutional majority was passed.

By Mr. Brown of Glynn. House Bill No. 250. A bill to be entitled an Act
to amend an Act to establish the city court of Brunswick, in and for the County of Glynn, and for other purposes.

The report of the Committee, which was favorable to the passage oft he bill, was agreed to.

On nays

oth. e

passage

of

the

bill,

the

ayes

were

123,

The bill having received the requisite constitutional majority was passed.

By Mr.Brown of Glynn. House Bill No. 278. A bill to be entitled an Act
to repeal an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Glynn, and for other purposes.

664

JouRNAL OF THE HousE,

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

On nays

oth. e

passage

of

the

bill,

the

ayes

were

122,

The bill having received the requisite constitutional majority was passed.

By Mr.Brown of Glynn. House Bill No. 279. A bill to be entitled an Act
to create a Board of Commissioners of Roads and Revenues in and for the County of Glynn, and for other purposes.

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

On nays

ot h. e

passage

of

the

bill,

the

ayes

were

121,

The bill having received the requisite constitutional majority was passed.

By Mr.Johnston of Upson. House Bill No. 288. A bill to be entitled an Act
to abolish the offices of Tax Receiver and Tax Collector of Upson County, to create the office of County Tax Commissioner, and for other purposes.

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

On nays

ot h. e

passage

of

the

bill,

the

ayes

were

120,

The bill having received the requisite constitutional majority was passed.

By Mr.Martin of Jeff Davis. House Bill No. 296. A bill to be entitled an Act
to fix the amount of the bond to be given by the Sheriff of Jeff Davis County, and for other purposes.

FRIDAY, jANUARY 2;), 193:>.

665

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

On nays

oth. e

passage

of

the

bill,

the

ayes

were

119,

The bill having received the requisite constitutional majority was passed.

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

By Mr.Rivers of Lanier and others. House Bill No. 1.

A BILL

TO BE ENTITLED AN ACT to ratify, approve and confirm the executive orders of the Governor suspending the collection of a portion of the motor vehicle tag taxes and license fees to remit, cancel and annul all of the motor vehicie tag taxes or license fees accruing since January 1, 1933, or while said orders are effective, or during the regular sessions of the General Assembly 1n 1935, except the amounts required to be paid by said orders; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. That the executive orders of the Governor dated March 18, 1933, March 30, 1933, and January 1,1934, suspending the collection of a portion'of the motor vehicle tag taxes, or license tees, required to be paid under the Georgia Motor Vehicle Law approved March 30, 1915, as amended by the Act approved August 23, 1927, and as otherwise amended, and as embodied in Title 68, Chapter 68-2 of the Code of Georgia of 1933, which orders suspended the collection of all such taxes or license fees except $3.00 upon each motor vehicle so registered, and suspended the entire amount of such tax or license fee upon motorcycle side cars, be and the same are hereby rat1f1ed,approved,and confirmed.

666

JouRNAL or THE HousE,

Section 2. That all motor vehicle tag taxes or li-

cense fees, which have accrued under said Georgia

Motor Vehicle Law, since January 1,1933, or may here-

after accrue while said orders are effective, and/or

during the regular sessions of the General Assembly

in 1935, except the amounts required to be paid by

said orders, be and the same are hereby remitted,

cancelled and annulled.

-

Section 3. All laws and parts or laws in conflict with this Act are hereby repealed.

Mr. Barrett or Richmond moved the previous question, the motion prevailed, and the main question was ordered.

The report or the Committee, which was favorable to the passage or the bill,was agreed to.

On the passage or the bill,the ayes were 156, nays o.

The bill having received the requisite constitutional majority was passed.

By unanimous consent, the bill was immediately transmitted to the Senate.

By Mr. Rivers or Lanier and others. House Bill No. 2.

A BILL

TO BE ENTITLED AN ACT to amend Title 68 ("Motor Vehicles"), Chapter 68-2 ("License for motor vehicles and chauffeurs"), or the Code or Georgia of 1933,by striking all or Section 68-210 or said Title and Chapter, which provides for the registration or motor vehicles at half year rates and quarter year rates; by striking all or Section 68-211 or said Title and Chapter, which provides the schedule or annual fees for motor vehicles, and enacting in lieu thereof a new section fixing the annual license fee for all motor vehicles, except farm tractors and

FRIDAY, }ANliARY 25, 1935.

667

motorcycle side car~, at $3.00; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That Title 68 ("Motor Vehicles"), Chapter 68-2 ("License for motor vehicles and chauffeurs"), of the Code of Georgia of 1933, be and the same is hereby amended by striking and repealing all of Section 68-210 of the said Title and Chapter, which provides for the registration of motor vehicles between June 1 and September 30 at half year rates, and after September 30 at quarter year rates.
Section 2. That Title 68 ("Motor Vehicles"),Chapter 68-2 ("License for motor vehicles and chauffeurs"), of the Code of Georgia of 1933, be and the same is hereby amended by striking all of Section 68-211 ("Schedule of annual fees for vehicles"), which said Section fixes the schedule of fees to be paid on account of the registration and operation of motor vehicles,and inserting in lieu thereof a new section to be numbered Section 68-211 and to read as follows:
"68-211. Schedule of annual fees for vehicles.-The annual fees for licensing the operation of the vehicles required by this Chapter to be registered and licensed, shall be $3.00 for each such vehicle registered: Provided,that tractors used exclusively for agricultural purposes shall not be required to be registered and it shall not be necessary to pay any fee on account of the operation thereof. Provided further that motorcycle side cars shall not be subject to registration,and no license fee shall be required on account of the operation thereof."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
The following amendment was read:

668

JouRNAL OF THE HousE,

Messrs. Pound of Hancock, Lanier of Richmond~Pat ten of Tift and Almand of Ful~on amend House tlill No. 2 as follows:
By striking the latter part of Section 2 of said House Bill No. 2, beginning with "68-211. Schedule of annual fees for vehicles", and ending with "on account of the operation thereof", and substituting therefor the following: "68-211. Schedule of annual tees for vehicles.-The schedule of annual fees for licensing of the operation of vehicles shall be as follows for each vehicle registered:
Passenger-carrying motor vehicles for private use and not for passenger carrying hire,hearses,ambulances and non-passenger carrying motor vehicles or truckS not exceeding and including one and one-half tons capac1 ty ................................. $3.00
Trucks and/or buses of over one and one-half tons capacity and not exceeding two tons capacity l5.00
Trucks and/or buses of more than two tons and not exceeding two and one-half tons capacity l8.75
Trucks and/or buses of more than two and one-half tons and not exceeding three tong capacity 22.50
Trucks and/or buses of more than three tons capacity and not exceeding three and one-half tons capac-
1ty . .......................................... 26.25
Trucks and/or buses of more than three and onehalf tons capacity and not exceeding four tons ca-
pacity ........................................37.50
Trucks and/or buses of more than four tons capacity and not exceeding five tons capacity . 75.00
Trucks and/or buses of more than five tons capacity and not exceeding six tons capacity l87.50
Trucks and/or buses of more than six tons capacity and not exceeding seven tons capacity ...375.00
Trucks and/or buses of more than seven tons capac-
1ty . .........................................562.50
Trailers or semitrailers,when equippedwith--Pneumatic tires, $0.50 per 100 pounds (or major fraction thereof) gross weight of vehicle.

FRIDAY, jANUARY 25, 193'5.

669

Solid tires, $0.75 per 100 pounds (or major fraction thereof) gross weight of vehicle.
Metallic tires{ $1.00 per 100 pounds (or major fraction thereof} gross weight of vehicle.
Provided, that tractors used exclusively for agricultural purposes shall not be required to be registered and it shall not be necessary to pay any fee on account of the operation thereof. Provided further that motorcycle side cars shall not be subject to registration, and no license fee shall be required on account of the operation thereof", so that said Section when so amended shall read as follows:

"Section 2. That Title 68 ('Motor Vehicles'),Chapter 68-2 ('License for motor vehicles and chauffeurs'), of the Code of Georgia of 1933, be and the same is hereby amended by striking all of Section 68-211 ('Schedule of annual fees for vehicles'), which said Section fixes the schedule of fees to be paid on account of the registration and operation of motor vehicles, and inserting in lieu thereof a new section to be numbered 68-211 and to read as follows: '68-211. Schedule of annual fees for vehicles.-The Schedule of annual fees for licensing of the operation of vehicles shall be as follows for each vehicle registered:
Pass~nger-carrying motor vehicles for private use and not for passenger carrying hire,hearses,ambulances and non-passenger carrying motor vehicles or trucks not exceeding one and one-half tons capacity
... $3.00
Trucks and/or busses of over one and one-half tons and not exceeding two tons capacity l5.00
Trucks and/or busses of more than two tons and not exceeding two and one-half tons capacity l8.75
Trucks and/or busses of more than two and one-half tons and not exceeding three tons capacity 22.50
Trucks and/or busses of more than three tons capacity and not exceeding three and one-half tons ca-
pac1ty. ........................................ 26.25
Trucks and/or busses of more than three and onehalf tons capacity and not exceeding four tons capac-
1ty . .......................................... .37 .50

670

JouRNAL or THE HousE,

Trucks and/or busses of more than four tons capacity and not exceeding five tons capacity 75.00
Trucks and/or busses of more than five tons capacity and not exceeding six tons capacity. l87.50
Trucks and/or busses of more than six tons capacity and not exceeding seven tons capac1ty .. 375.00
Trucks and/or busses of more than seven tons ca-
pac1 ty . ....................................... 562. 50
Trailers or semitrailers,when equipped with-Pneumatic tires, $0.50 per 100 pounds (or major fraction thereof) gross weight of vehicle. Solid tires, $0.75 per 100 pounds (or major fraction thereof) gross weight of vehicle. Metallic tires~ $1.00 per 100 pounds (or major fraction the~eofJ gross weight of vehicle.
'Provided that tractors used exclusively for agricultural purposes shall not be required to be registered and it shall not be necessary to pay any fee on account of the operation thereof. Provided further that motorcycle side cars shall not be subject to registration, and no license fee shall be reqpired on account of the operation thereof.'"

The following amendment to the amendment offered by Messrs. Pound of Hancock, Lanier of Richmond,and others was read:
Messrs. Dean of Rockdale,Hand of Mitchell,Campbell of Newton, and Head of Catoosa moves to amend the amendment by Messrs.Lanier of Richmond and Pound of Hancock, by adding at the end of the new section No. 68-211 the following:
(a) Provided further that all trucks and busses operating under and through the supervision of the Public Service Commission shall pay only a $3.00 annual tag license.
(b) Provided ~'rrther that all school busses shall be required to pay only a $3.00 annual tag license.

FRIDAY, JANUARY 25, 1935.

671

Mr.Williams of Coffee moved the previous question, the motion prevailed, and the main question was ordered.

Item (a) of the amendment to the amendment was

lost.

Item (b) adopted.

of

the

amendment

to

the

amendment

w as

On the adoption of the amendment, as amended, to House Bill No. 2, Mr. Pound of Hancock 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 Allen Almand of Fulton Ansley of DeKalb Ansley of Lee Arnall Atwood Bennett Booth Black Bland Bloodworth Bradley Brinson Brooks Brown of Greene Caswell Clements of Cal-
houn Coleman Davis of Troup Dean DeLoach Douglass Durden Dyer

Etheridge Flynt Fowler Freeman of Bibb Gammage Griffin of De-
catur Groover Groves Guess Hammock Hartsfield Head Hefner Hogan Hogg Houston Howard of Chattahoochee Jackson of Habersham Joel Johnston Kelley Lanier Leonard of Walker

Lewallen Lewis Lindsay McCracken McCutchen McKelvey McNall Mallory
Mann
Manning Mitchell of Lamar Moye Mundy Neal Newby Parker of Colquitt Patten of Cook Patten of Tift Peebles Peek Perry Pound Preston of Bulloch Ramsey Reagan

672

Jot:RNAL or THE HousE,

Sabados Sartain Smith of

Webster

Teasley Terrell Terrell

of of

Troup War-

West Williams Williams

of of

Bacon Jack-

Standard Stephens

ren Thompson

son Williams of Jones

Sutton

Weathers

Willingham

Swann

Welsch

Wilson

Swindle

Tlwse voting in the negative were Messrs.:

Almand of Walton Felton

Mills

Anderson

Freeman of Ear- Minchew

Bannister

ly

Moore of Haral-

Bargeron

Gardner

son

Barnard

Garrett

Parham

Barrett

Gavin

Parker of Union

Batchelor

Gilbert

Parks

Benton

Goolsby

Parr

Bond

Breen

Peters

Bowden

Griffin of

Rawlins

Blease

Floyd

Ray

Brisendine

Hampton

Sammon

Brown of Pike

Hand

Scruggs

Bush

Harris

Settle

Camp

Harrison

Shedd

Ca~pbell

Herndon

Shirah

Claxton of Camden Henderson

Smith of Madison

Claxton of John- Holland

Terrell of Hall

son

Hooks

Thrasher

Clements of

Horton

Tipton

Wheeler

Jackson of

Toms

Cobb

Blackley

Townsend

Cohen

Johnson

Twitty

Coxon

Jones of Lump- Watkins

Culpepper of Ec- kin

Watson

hols

Lee

Weeks

Culpepper of Fay- Leonard of Mus- Whaley

ette

cogee

Whitmire

Darnell

McBride

Williams of Coffee

Deal

McCranie

woods

Dobbins

McGraw

Wrench

Edwards of Lowndes Marshall

Young

Edwards of Stephens Milam

Zellner

QlDSee Appendix,Volume !,for those not voting.

FRIDAY, J~XCARY 2:J, 193.).

673

The roll call was verified. On the adoption of the amendment by Messrs.Lanier of Richmond, Pound of Hancock and others,as amended, to House Bill No. 2, the ayes were 93, nays 89. The amendment, as amended, was adopted. The following amendment to House Bill No. 2 was read and adopted: Mr.Hand of Mitchell amends Section 3 of House Bill No. 2, so that it shall read: Section 3. That school buses and also trucks used exclusively for farm use shall be excluded from all tag tax in excess of $3.00 per vehicle. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended. On the passage of the bill, as amended, the ayes were 121, nays 18. The bill having received the requisite constitutional majority was passed, as amended. Mr.Harris of Richmond gave notice that at the proper time he would move that the House reconsider its action in passing House Bill No. 2, as amended. Mr.Lanier of Richmond moved that House Bill No. 2 be immediately transmitted to the Senate. On the motion to immediately transmit the bill to the Senate, Mr.Williams of Coffee moved the ayes and nays, and the call was not sustained. On the motron to immediately transmit the bill to the Senate, the ayes were 96, nays 39, the motion

674

JouRNAL oF THE HousE,

prevailed, and the bill was ordered to be immediately transmitted to the Senate.

Mr.Houston of Worth moved that the House do now adjourn until 11:00 o'clock Monday morning,January 28, 1935.

Mr.Harris of Richmond moved that the House take a recess for one hour.

Mr.Lindsay of DeKalb moved that the House do now adjourn until Monday morning,January 28,1935,at 11:00 o'clock.

Mr.Terrell of Troup moved that the House do now adjourn, and the motion was lost.

On the motion to adjourn until Monday at 11:00 o'clock, Mr.Lindsay of DeKalb moves the previous question, and the motion prevailed.

On the motion to adjourn until Monday at 11:00 o'clock, Mr.Harris 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.:

Adams

Cobb

Hartsfield

Almand of Walton Culpepper of Fay- Hefner

Anderson

ette

Holland

Ansley of Lee Darnell

Horton

Arnall

Davis of Troup Houston

Bowden

DeLoach

Jackson of Hab-

Black

Dyer

ersham

Bland

Flynt

Joel

Bloodworth

Freeman of Bibb Jones of Lump-

Brooks

Gilbert

kin

Brown of Pike Campbell

Green Griffin

of

Decatur

Kelley Lee

Clements of Cal- Hampton

LeWallen

houn

Hand

Lewis

FRIDAY, jANUARY 25, 1935.

675

Lindsay McCranie McCutchen -1'1cGraw McNall
Mann
Mills Newby Parker of Col-
quitt Parks Parr

Patten of Cook Teasley

Peebles

Terrell of War-

Peek

ren

Perry

Thompson

Peters

Toms

Pound

Watson

Preston of Bulloch Weeks

Ray

Whaley

Reagan

Williams of Jones

Settle

Wilson

Standard

Young

Swann

Those voting in the negative were Messrs.:

Allen

Deal

McBride

Almand of Fulton Dean

McCracken

Ansley of DeKalb Dobbins

McKelvey

Atwood

Durden

Mallory

Bargeron

Edwards of

I1a.nning

Barnard

Lowndes

I1a.rshall

Barrett

Edwards of

Milam

Batchelor

Stephens

I11nchew

Bennett

Felton

Mitchell of Lamar

Benton

Freeman of

Moore of Haralson

Bond

Earley

Morris

Booth

Gammage

Moye

Blease

Gardner

Mundy

Bradley

Griffin of Floyd Neal .

Brinson

Groover

Parham

Brisendine_

Groves

Parker of Union

Brown of Greene Hammock

Patten of Tift

Bush

Harris

Ramsey

Camp

Harrison

Rawlins

Caswell

Herndon

Sabados

Claxton of John- Henderson

Sammon

son

Hogan

Sartain

Clements of

Hogg

Scruggs

Wheeler

Hooks

Shirah

Cohen

Jackson of Bleck- Smith of Madison

Coleman

ley

Smith of Webster

Coxon

Johnson

Stephens

Culpepper of Echols

JLoahnnisetron

Sutton Terrell of Hall

676

JouRNAL oF THE HousE,

Terrell of Troup Welsch

Williams of Jack-

Thrasher

West

son

Tipton

Williams of Ba- Woods

Townsend

con

Wrench

Twitty

Williams of Cof- Zellner

am Watkins

fee

See Appendix I Volume I ,for those not voting.

The verification of the roll call was dispensed

with.

On the motion that the House do now adjourn until Monday morning at 11:00 o'clock, the ayes were 71, nays 94, and the motion was lost.

Y~.Harris of Richmond moved that the House do now adjourn, and the motion prevailed.

Leaves of absence were granted to Messrs.Wilson of l"'urray,Sabados of Dougherty, Brown of Pike,Parr of Taylor,Oyerof Coweta,Darnell of Pickens,Lewallen of Banks,Teasley of Cherokee,Lanier of Richmond,Settle of Butts,Kelley of Elbert,Lee of Pulaski,Almand of Walton,Peebles of Bartow,Head of Catoosa,Cruupbell of Newton,Griffin and Mills of Decatur,Douglass of Talbot, Weeks of Columbia,Standard of ~ilcox,Freeman of Early,McCranie of Dodge,Garrett of Carroll,Williams of Jones,Bannister of Thomas,Sutton of Wilkes,Jones of Brantley,Goolsby of McDuffie,Horton of Sumter, Young of Sumter,McCracken of Jefferson,Pound of Hancock,Arnall of Coweta,Deal of Bulloch,Swindle of Berrien,Fowler of Treutlen,Bloodworth of Bibb,Freeman of Bibb,Flynt of Spalding,McNall of Chatham, Preston of Bulloch,Terrell of Warren.

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

SATCRDAY, jANl'ARY 2G, 193~>.

677

Representative Hall, Atlanta, Ga.

Saturday, January 26, 1935. The House met pursuant to adjournment this day at 10:00 otcloclc, 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 Allen Almand of Fulton Almand of Walton Anderson Ansley of DeKalb Ansley of Lee Arnall Atwood Bannister Bargeron Barnard Barrett Batchelor Bennett Benton Bond Booth Bowden Black Bland Blease Bloodworth Bradley Brinson Brisendine Brooks Brown of Glynn Brown of Greene Brown of Pike Burgin Bush Camp

Ca.ri;pbell

Etheridge

Caswell

Felton

Claxton of Camden Flynt

Claxton of John- Fowler

son

Freeman of Bibb

Clements of Cal- Freeman of Early

houn

Garrunage

Clements of

Gardner

Wheeler

Garrett

Cobb

Gavin

Cohen

Gilbert

Coleman

Gnann

Coxon

Goolsby

Culpepper of Ec- Brayson

hols

Green

Culpepper of Fay- Griffin of Deca-

ette

tur

Darnell

Griffin of Floyd

Daughtry

Groover

Davis of Troup Groves

Deal

Guess

Dean

Hammock

DeLoach

Hampton

Dobbins

Hand

Dorris

Harris

Douglass

Harrison

Durden

Hartsfield

Dyer

Herndon

Edwards of

Head

Lowndes

Hefner

Edwards of Ste- Henderson

phens

Hogan

Ennis

Hogg

678

JouRNAL oF THE HousE,

Holland

M1 tchell of La- Shirah

Hooks

mar

Smith of Madison

Horton

Mitchell of Tal- Smith of Webster

Houston

iaferro

Spivey

Howard of Chat- Moore of Clayton Standard

tahoochee

Moore of Haral- Stephens

Howard of Screv- son

Sutton

en

Morris

Swann

Jackson of

Moye

Swindle

Bleckley

Mundy

Teasley

Jacksonof Hab- Musgrove

Terrell of Hall

ersham

Neal

Terrell of Troup

Joel

Newby

Terrell of War-

Johnson

Oden

ren

Johnston

Parham

Thompson

Jones of Brant- Parker of Col- Thrasher

ley

quitt

Tipton

Jones of Lump- Parker of Union Toms

kin

Parks

Townsend

Kelley

Parr

Twitty

Lanier

Patten of Cook Warnell

Lee

Patten of Tift Watkins

Leonard of Mus- Peebles

Watson

cogee

Peek

Weathers

Leonard of Walk- Perry

Weeks

er

Peters

Welsch

Lewallen

Pound

West

Lewis

Preston of Bul- Whaley

Lindsay

loch

Whitmire

McBride

Preston of Wal- Wflliams of Ba-

McCracken

ton

con

McCranie

Ramsey

Williams of Cof-

McCutchen

Rawlins

fee

McGraw

Ray

Williams of Jack-

McKelvey

Reagan

son

McNall

Ross

Williams of

Mallory

Sabados

Jones

Mann

Salter

Willingham

Manning

Sammon

Wilson

Marshall

Sartain

Woods

Martin Milam Mills Minchew

Scruggs Settle
Shedd

Wrench Young Zellner Mr.Speaker

<2m See Appendix,Volume I,for absentees.

679
By unanimous consent, the verification of the roll call was dispensed with.
Mr.Bennett of Ware, Acting 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 Jc'J.rnal of yesterday's proceedings was dispensed with.
Mr.Rivers of Lanier moved.that the House reconsider its action in ordering the immediate transmission to the Senate of the following bill of the House, as amended: By Mr.Rivers of Lanier and others.
House Blll No. 2. A bill to be entitled an Act to amend the Code of Georgia, in reference to the annual license fees for all motor vehicles, so as to fix the annual license fee for all motor vehicles,except farm trQctors and rnotcrry~le side cars, ~t $3.00,and for other purposes.
Mr.Lindsay of DeKalb made t~e point of order that the motion was out of order, lli'der Rule 196
The Chair, .rvr.r.Harris of d, Rich,;_'~' nresiding, held that the motion of Mr.Rivers of Lan~er was in order.
Mr.Johnston of Upson moved that the House do now adjourn, and the motion was lost.
On the motion to reconsider the ordering of the immediate transmission of House Bill No. 2, as amen~a~, to the Senate, the ayes were 89, nays 15.
The ordering of the immediate transmission of House Bill No. 2, as amended, to the Senate was reconsidered.
Mr.Rivers of Lanier moved that the House reconsider its action in passing House Bill No. 2, as amended.

680

JouRNAL oF THE HousE,

On the motion Mr.Lindsay of DeKalb moved the ayes and nays, and the call was not sustained.
On the motion that the House reconsider its action in passing House Bill No. 2, as amended, the ayes were 88, nays 15.
House Bill No. 2, as amended, was reconsidered, and took its place at the bottom of the general calendar of bills, immediately following House Bill No. 310.
The Journal was confirmed. By unanimous consent,the following was established as the order of ousiness during the first part of the period of unanimous consents: 1. Introduction of bills and resolu~ions under the Rules of the House. 2. Reports of Standing Committees. 3. Second reading of bills and resolutions,favorably reported. 4. Third reading and passage of local uncontested House-Bills.
5. First reading and reference ot Senate bills and
Resolutions.
By unanimous consent, the following bills and resolutions of the House were introduced, read the first time, and referred to the Committees:
By Messrs. Culpepper of Fayette, Jackson of Bleckle~ Edwards of Lowndes and Harris of Richmond.
House Bill No. 371. A bill to be entitled an Act to amend Section 32-504 of the 1933 Code, so as to increase the salary of Superintendent of Schools.
Referred to Committee on Education No. 2. By Mr. Parker of Colquitt.
House Bill No. 372. A bill to be entitled an Act to amend Sections 92-5001, 92-5002, 92-5004 and 92-5102 of 1933 Code changing the date of payment of ad valorem_ taxes, and for o~her purposes.
Referred to Committee on State of Republic.

SATURDAY, jANUARY 26, 1933.

681

By Messrs. Parker and Shirah of Colquitt. House Resolution No. 70-372a. A resolution to re-
lieve T.L. Russell and Will Kilgore as sureties on a bond, and for other purposes.
Referred to Committee on Special Judiciary. By ~essrs. Parker and Shirah of Colquitt.
House Resolution No. 71-372b. A resolution requiring the State Librarian to furnish certain law books to Colquitt County, and for other purposes.
Referred to Committee on Public Library. By Messrs. Parker ~nd Shirah of Colquitt.
House Bill No. 373. A bill to be entitled an Act to amend the State Banking Laws,and for other purposes.
Referred to Committee on Banks and Banking. By Mr. Ray of Appling.
House Bill No. 374. A bill to be entitled an Act to amend Section 418 of Penal Code which prohibits the firing of a gun on Sunday,and for other purposes.
Referred to Committee on General Judiciary No. 1. By Mr. Salter of Baker.
House Bill No. 375. A bill entitled an Act to provide for the payment of certain costs in Superior Court in Baker County,and for other purposes.
Re~erred to Committee on Counties and County Matters. By Mr. Salter of Baker.
House Bill No. 376. A bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenue of Baker County,to define their powers and duties;provide for their salary and per diem, and for other purposes.
Referred to Committee on Counties and County Matters.

682

JouRNAL or THE HousE,

By Messrs. Ansley, Guess and Lindsay of DeKalb. House Bill No. 377. A bill to be entitled an Act
to protect the students of public schools frvm fire hazard, and for other purposes.
Referred to Committee on Education No. 1.
By Messrs. Lindsay, Ansley and Guess of DeKalb (By Request).
House Bill No. 378. A bill to be entitled an Act to levy special tax upon private zoos, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Messrs. Blease and tloye of Brooks. House Bill No. 379. A bill to be entitled an Ac~
to amend Section 32-902 of Chapter 32-9 of the Code of 1933 so as to provide that in certain counties one member of the Board of Education shall be appointed from each district, and for other purposes.
Referred to Committee on Education No. 2.
By 1'1r. Blease of Brooks. House B:lll No. 380. A bill to be entitled an Act
to require fire insurance companies to pay the face amount of policies in case of loss, and for other purposes.
Referred to Committee on Insurance.
By l'lr. Atwood of Mcintosh. House Bill No. 381. A bill to be entitled an Act
to repeal Section 66-102 of Chapter 66-1 of 1933 Code, and for other purposes.
Referred to Comn1ittee on Industrial Relations. By Messrs. Mallory of ~viggs and Jackson of Bleckley.
House Bill No. 382. A bill to be entitled an Act

SATURDAY, jANUARY 26, 1935.

683

relating to giving of proof of financial responsibility by owners and operators of motor vehicles,and for other purposes.
Referred to Committee on Special Judiciary. By Mr.Gardner of Candler.
House Bill No. 383. A bill to beentitled an Act to prescribe the qualifications of Mayor and Council of the town of Metter,and for other purposes.
Referred to Committee on Municipal Government. By Mr. Bush of Miller.
House Bill No. 384. A bill to be entitled an Act to amend Section 1056 of Penal Code regarding written charges of the Judges of Superior,City and County Courts,and for other purposes.
Referred to Committee on Special Judiciary. By Mr.Bush of Miller.
House Bill No. 385. A bill to be entitled an Act to amend Section 4847 of Civil Code regarding written charges of the Judge of the Superior Court,and for other purposes.
Referred to Committee on General Judiciary No. 1. By Messrs. McKelvey and Sammon of Gwinnett, Black of iorsyth, Williams of Jackson, Terrell of Hall and others.
House Bill No. 386. A bill to be entitled an Act to increase the mileage of State Aid System by adding a road in Forsyth County,and for other purposes.
Referred to Committee on Public Highways No. 2. By Mr.Wrench of Charlton.
House Bill No. 387. A bill to be entitled an Act to repeal an Act creating the Board of County Commissioners of Charlton County,and for other purposes.
Referred to Committee on Counties and County Matters.

684

JouRNAL or THE HousE,

By Mr.Wrench of Charlton. House Bill No. 388. A bill to be entitled an Act
creating a Board of Commissioners of Roads and Revenue for Charlton County,and for other purposes.
Referred to Committee on Counties and County Matters. By Mr.Hartsfield of Fulton.
House Bill No. 389. A bill to be entitled an Act to amend Section 92-1402 of the 1933 Code so as to provide that tax on motor fuels collected at airports shall be allocated to State Highway Department, and for other purposes.
Referred to Committee on Aviation. By Mr.Hooks of Glascock.
House Bill No. 390. A bill to be entitled an Act to amend Section 32-2301 so as to transfer Glascock County from sixth to tenth Congressional District, and for other purposes.
Referred to Committee on Legislative and Congressional Reapportionment. By Mr. Hooks of Glascock.
House Bill No. 391. A bill to be entitled an Act to amend Section 95-802 of 1933 Code, so as to exempt persons in certain counties from payment of commutation tax,and for other purposes.
Referred to Committee on Counties and County Matters. By Mr.Preston of Walton.
House Bill No. 392. A bill to be entitled an Act to place an excise tax on oleomargarine, and for other purposes.
Referred to Committee on General Agriculture No.l. By Messrs. Ramsey, Almand and Hartsfield of Fulton.
House Bill No. 393. A bill to be entitled an Act

SATL'RDAY, jANL'AR\T ~G, Hl35.

685

to amend an Act authorizing Boards of Education of certain counties to create pension funds by striking certain words and inserting others, and for other purposes.

Referred to Committee on Counties and County Hatters.

By Hr. Culpepper of Echols. House Resolution No. 72-393a. A resolution re-
questing Congress to pass the J.1'razier-Lemke Farm Refinance Bill, and for other purposes.

Referred to Committee on General Agriculture No.2.

By Messrs. Benton of Jasper and Zellner of Monroe. House Bill No. 394. A bill to be entitled an Act
to regulate the distribution and sale of milk, and for other purposes.

Referred to Committee on General Agriculture No.2.

The following resolution of the House was read and adopted:

By r1r .Joel of Clarke.
House Resolution No. 73. A resolution to authorize the Clerk to send a telegram to the President of the United States congratulating him on his birthday,and for other purposes.

Mr. Brown of Glynn County, Chairman of the Commit-

tee on Com1ties and County Matters, submitted the

following report:



Mr. Speaker:

Your Co:mmi ttee on Counties and County I1atters have had under consideration the following btlls of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

686

JouRNAL OF THE HousE,

House Bill No. 224, do pass. House Bill No. 225, do pass. House Bill No. 227, do pass. House Bill No. 151, do pass. House Bill No. 187, do pass. House Bill No. 152, dopass. House Bill No. 127, do pass. House Bill No. 226, do pass.
Respectful~ submitted, Brown of Glynn, Chairman.
Mr. Sartain of Walker County, Chairman 'of the Committee on Historical Research,submitted the following report: Yrr. Speaker:
Your Committee on Historical Research have had under consideration the following bill and resolution of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 131, do pass as amended. House Resolution No. 54-298a, do pass.
Respectfully submitted, Sartain of Walker, Chairman.
By unanimous consent, the following bills and resolutions of the House, favorably reported, were read the second time:
By I1essrs. Patten of Tift, Houston of Worth, and others.
House Bill No. 127. A bill to be entitled an Act to change the ttme of holding the Superior Court in Tifton Judicial Circuit,and for other purposes. By I1r.Sartain of Walker.
House Bill No. 131. A bill to be entitled an Act to provide for the preservation of historical matter by counties,and for other purposes. By l"Ir .Almand of Fulton.
House Bill No. 151. A bill to be entitled an Act to provide for the payment of fees of justices of

SATURDAY, jANUARY 26, 1935.

687

the peace in counties of a certain population, and for other purposes.
By Messrs. Hartsfield, Ramsey, and Almand of Fulton. House Bill No. 152. A bill to be entitled an Act
to runend an Act changfng from the fee to the salary system in counties of a certain population, and for other purposes.
By Nr. Almand of Fulton. House Bill No. 187. A bill to be entitled an Act
to amend an Act providing additional duties for coroners in Counties of a certain population, and for other purposes. By Messrs. Hartsfield,Almand and Ramsey of Fulton.
House Bill No. 224. A bill to be entitled an Act to provide no person,firm,etc. shall establish any dance hall or amusement park,etc. in unincorpprated areas,in counties of a certain population,and for other purposes. By Messrs. Almand, Hartsfield and Ramsey of Fulton.
House Bill No. 225. A b1ll to be entitled an Act to authorize the Board of Education to create a retirement fund for teachers and employees of county school systems,in counties of a certain population, and for other purposes. By Messrs. Ramsey, Hartsfield and Almand of Fulton.
House Bill No. 226. A bill to be entitled an Act to authorize the Boards of Education to borrow money,in certain counties of the State of Geor~ia, of a certain population,and for other purposes. By Messrs. Hartsfield, Almand and Ramsey of Fulton.
House Bill No. 227. A bill to be entitled an Act to provide for the tenure of office of teachers and employees of the public school systems of all counties in the State of Georgia having a population in excess of 200,000,and for other purposes. By Mrs. Coxon of Long, Messrs. Gardner of Candler and Cohen of Chatham.
House Resolution No. 54-298a. A resolution directing the Governor to proclaim October 11th of each year "General PUlaski's Memorial Day",and for other purposes.

688

JouRNAL OF THE HousE,

By unanimous consent,the following bill of the House was read the third tlme,and placed upon its passage: By Messrs. Guess, Lindsay and Ansley of DeKalb.
House Bill No. 233. A bill to be entii;led an Act to amend an Act to create a new charter for the City of Litllonia,and for other purposes.
The report 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 o.
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 senator Redwine of the 26th District.
Senate Bill No. 4. A bill to be entitled an Act to repeal that Section of the Code of Georgia of 1933, creating the office of State Veterinarian,and for other purposes.
Referred to the Committee on State of the Republic. By Senator Redwine of the 26th District.
Senate Bill No. 8. A bill to be entitled an Act to amend the Code of Georgia of 1933,by fixing the term of office of the Commissioner of Agriculture at foursears,and for other purposes.
Referred to the Committee on State of the Republic. By Senator Redwine of the 26th District.
Senate Resolution No. 8. A resolution proposing an amendment to the Constitution of the State of Georgia to provide for a Lieutenant Governor,who shall be President of the Senate,and for other purposes.
Referred to the Committee on State of the Republic. By Senator Redwine of the 26th District.
Senate Bill No. 9. A bill to be entitled an Act to amend the Code of Georgia of 1933,by providing a term of office of four years for the Commissioner of Comrnerce and Labor,and for other purposes.
Referred to the Committee on State of the Republic.

SATURDAY, ]ANl"ARY '-),'), 1;") 3.-l.

689

By Senator Redwine of the 26th District. Senate Resolution No. 9. A resolution proposing an
amendment to the Constitution of the State of Georgia,so as to provide that the Lieutenant Governor shall be President of the Senate,and for other purposes.
Eeferred to the Conunittee on State of the Republic. By Senator Redwine of the 26th District.
Senate Resolution No. 10. A resolution proposing an amendrr,ent to the Constitution of the State of Georgia,changing the terms of office of the Governor and other constitutional state officers,and for other purposes.
Referred to the Conunittee on State of the Republic. By senator Red'Nine of the 26th District.
Senate Resolution No. 11. A resolution proposing an amendment to the Constitution of the State of Georgia,limiting the duration of extraordinary sessions of 0he General Assembly to the nwnber of days stated in the proclamation of the Governor conveninv, tl1em, and for other purposes.
Referred to the Committee on State of tlle Republic. By senatcr Redwine of the 26th District.
Senate Resolution No. 12. A resolution proposing an amendment to the Constitution of the State of Georgia,providins for a State School Superintendent in lieu of the State School Cmmnissioner,and for other purposes.
Referred to the Committee on State of the Republic.
Hr. Harris of Richmond moved that the House do now adjourn until Monday morning at 10:00 otclocl<.:, and the motion prevailed.
Leaves of absence were granted to I-Iessrs. Burgin of rlarion and Salter of Bal<.:er.
The Spealcer announced the House adjourned until Londay morning at 10:00 o'clock.

690

JouRNAL oF THE HousE,

Representative Hall, Atlanta, Ga.

Honday, January 28, 1935.

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

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

Adams Allen Almand of Fulton Almand of Walton Anderson Ansley of DeKalb Ansley of Lee Arnall Atwood Bannister Bargeron Barnard Barrett Batchelor Bennett Benton Bond Booth Bowden Black Bland Blease Bloodworth Bradley Brinson Brisendine Brooks Brown of Glynn Brown of Green Brovvn of Pike Burgin Bush

camp

Ennis

Campbell

Etheridge

caswell

Felton

Claxton of Camden Flynt

Claxton of Jol1D- Fowler

son

Freeman of Bibb

Clements of Calhoun

Freeman of Early

Clements of

Gannnage

Wheeler

Gardner

Cobb Cohen

Garrett Gavin

Coleraan

Gilbert

Coxon Culpepper of

Gnann Goolsby

Echols Culpepper of
Fayette Darnell

Grayson Green Griffin of De-
catur

Daughtry

Griffin of

Davis of Troup

Floyd

Deal Dean

Groover Groves

DeLoach Dobbins Dorris Douglass

Guess Hammock Hampton Hand

Durden

Harris

Dyer Edwards of
Lowndes

Harrison Hartsfield Herndon

Edwards of Stephens Head

691

Hefner

Minchew

Shedd

Henderson

Mitchell of La- Shirah

Hogan

mar

Smith of l"Jadison

Hogg

l"litchell of Tal- Smith of Hebster

Holland

iaferro

Spivey

Hooks

l"loore of Clayton Standard

Horton

l"loore of Haral- Stephens

Houston

son

Sutton

Howard of Chat- Norris

Swann

tahoochee

Moye

Swindle

Howard of Screv- Mundy

Teasley

en

11usgrove

Terrell of Hall

Jackson of Bleck- Neal

Terrell of Troup

ley

Newby

Terrell of Har-

Jackson of Hab- Oden

ren

ersham

Parham

Thompson

Joel

Parker of Col- Thrasher

Johnson

quitt

Tipton

Johnston

Parker of Union Toms

Jones of Brantley Parks

Townsend

Jones of Lumpkin Parr

Twitty

Kelley

Patten of Cook Warnell

Lanier

Patten of Tift Watkins

Lee

Peebles

Watson

Leonard of l"lusco- Peek

Weathers

gee

Perry

Weeks

Leonard of Walker Peters

Helsch

Lewallen

Pound

~..Jest

Lewis

Preston of Bul- whaley

Lindsay

loch

Hhitmire

McBride

Preston of Wal- Williams of Ba-

McCracken

ton

con

McCranie

Ramsey

Williams of Cof-

McCutchen

Rawlins

fee

McGraw

Ray

Williams of Jack-

McKelvey

Reagan

son

McNall

Ross

Williams of Jones

Mallory

Sabados

Willingham

Mann

Salter

Wilson

Manning .Marshall .Martin Milam Mills

Sammon Sartain Scruggs
Settle

Woods Wrench Young Zellner :Mr.Speaker

@See Appendix,Volume I,for absentees.

692

JouRNAL oF THE HousE,

Mr. Preston of Bulloch, 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 following resolution of the House was read:
By Messrs. Lanier of Richmond, Pound of Hancock and Sutton of Wilkes.
House Resolution No. 74. A Resolution: Be it resolved by the House of Representatives of the General Assembly of Georgia:
First: The confirmation of the Journal of the House of Representatives of Georgia as to its actions and doings on Saturday January 26, 1935 as to general bills, including the acts of the said House in attempting to vote a reconsideration of House Bill No. 2, as amended, known as the Three Dollar Tag Bill, is hereby denied.
Second: That the House of Representatives of Georgia had no jurisdiction over said bill,as amended,on Saturday, January 26, 1935, except to immediately transmit said House Bill, as amended,to the Senate of Georgia, as the said bill, as amended, had on Friday, January 25th, 1935, been passed by the said House and said House had after the passage of said bill ordered it immediately transmitted to the Senate of Georgia, and then said House had voted to adjourn and did adjourn, and did not reconvene until Saturday, January 26th, 1935.
Third: That Section 20 of Rule No. 196 of said House provides as follows, "Unless otherwise ordered by the House no general bills or resolutions shall be in order for a third reading or for reconsideration at Saturday's session.General Bills or reso-

MoNDAY, jANUARY 28, 1935.

693

lutions otherwise in order for reconsideration on Saturday shall stand over until the following Monday", and that said rule was on January 25, 1935 and the following day, in full force and effect,and is still in full force and effect.
Four: That all actions of said House of Representatives as to House Bill No.2, as amended,on January 26, 1935, is hereby declared a nullity, and that therefore said bill,as amended,is declared no longer in the jurisdiction of said House except for the purpose of immediate transmittal to the Senate of Georgia, and the Clerk of said House is hereby ordered and instructed to immediately transmit the same.
Five: It is further resolved by said House that said House on January 26th, 1935 had no jurisdiction or power to confirm the action of the House on January 25th.
Sixth: It is further resolved by said House that said House on January 26th, 1935 had no jurisdiction or power to affirm or disaffirm the Journal of the House as to general bills, including House Bill No. 2, as runended, as said rule No. 196 subsection 20, paragraph two, clearly provides as above quoted in paragraph three of this resolution, and this House could not confinn the action of this House as to said bill on January 25th, 1935, until Monday morning, January 28th, 1935.
Mr. Harris of Richmond moved that the resolution be tabled.
On the motion, the ayes were 92, nays 59. The resolution was tabled. The Journal was confirmed. The following resolution of the House was read and referred to the Committee on Rules:

694

JouRNAL OF THE HousE,

By I1r. Harris of Richmond. House Resolution No. 75. A Resolution: Be it re-
solved by the House that House Bill No. 2 be set as a special and continuing order of business beginning immediately after the period of unanimous consents at the session of Monday, January 28,1935, and that individual speeches during the consideration of said bill be limited to ten (10) minutes.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous oonsents:
1. Introduction of bills and rAsolutionR under the Rules of the House.
2. Reports of Standing Committees. 3. Second reading of bills and resolutions,favorably reported. 4. Third reading and passage of local uncontested House Bills. 5. First reading and reference of Senate Bills. The following resolution of the House was read a.nd adopted: By Mr. Grayson of Chatham. House Resolution No. 79. A Resolution: Whereas, the Hon. Edward Brennan, President of the Savannah Bar Association,is in the city today. Therefore, be it resolved by the House of Representatives,that he be extended the privileges of the floor today. By unanimous consent, the following bills and resolutions of the House were introduced, read the first time, and referred to the Connnittees: By Messrs. Head of Catoosa and Townsend of Dade. House Bill No. 395. A bill to be entitled an Act to provide for the election of County Boards of Education by vote of the people,and for other purposes. Referred to Committee on Education No. 1.

MoNDAY, jANUARY 28, 1935.

695

By Mr. Booth of Barrow. House Bill No. 396. A bill to be entitled an Act
to cancel the indebtedness of citizens of Georgia to the State of Georgia for poll taxes due prior to January 1, 1935,and for other purposes.

Referred to Committee on General Judiciary No. 1.

By Mr. Allen of Baldwin.

House Bill No. 397. A bill to be entitled an Act

to a~end Section 1256 of the Civil Code of 1910 so

assubtsoidaiaurthyocriozrepoDraetpioonsistoorfietshetoud.se.p

osit bonds of with the State

Treasurer,and for other purposes.

Referred to Committee on Banks and Banking.

By Messrs. Milam of Spalding and Ramsey of Fulton. House Bill No. 398. A bill to be entitled an Act
to amend Section 32-1004 of Chapter 32-10 of the 1933 Code so as to change the qualifications required of County Superintendents of Schools.

Referred to Committee on University System of Georgia.

By Mr. Williams of Coffee. House Bill No. 399. A bill to be entitled an Act
to amend an Act establishing the City Court of Douglas by providing for the payment of salary to the Solicitor instead of fees,and for other purposes.

Referred to Committee on Counties and County Matters.

By Mr. Johnson of Seminole.

House Bill No. 400. A bill to be entitled an Act

to amend Chapter 5-2 of Title 5 of 1933 Code, by

adding a new section authorizing the Director of Bu-

reau of Markets to establish price differentials,and

for other purposes.

.

Referred to Connnittee on General Agriculture No.2.

696

JouRNAL oF THE HousE,

By Mr. Almand of Walton. House Bill No. 401. A bill to be entitled an Act
to exempt all persons in Georgia between the ages of 21 and 60 years from the payment of unpaid poll taxes to the year 1932.
Referred to Committee on General Judiciary No. 1. By Mr.Edwards of Lowndes.
House Bill No. 402. A bill to be entitled an Act to amend Chapter 30-2 of 1933 Code, so as to provide for the payment of alimony to the husband out of the separate estate of the wife,and for other purposes.
Referred to Committee on State of the Republic. By Mr.Weathers of Jenkins.
House Bill No. 403. A bill to be entitled an Act to establish a system of State Agricultural Banks, and for other purposes.
Referred to Committee on General Agriculture No. 2. By Mr. Marshall of Macon.
House Bill No. 404. A bill to be entitled an Act to amend Title 92, Part III, Chapter 92-65 by adding a new section providing for annual appropriations for refund of certain taxes illegally collected and for other purposes.
Referred to Committee on State of the Republic. By Mr. Ray of Appling.
House Bill No. 405. A bill to be entitled an Act to repeal Chapter 92-22 of 1933 Code, relative to cigar tax,and for other purposes.
Referred to Committee on State of the Republic. By Messrs. Cobb of Clarke and Allen of Baldwin.
House Resolution No. 76-405a. A resolution that the Brown Thrasher be declared the State Bird and the Pine Tree declared the State Tree, and for other purposes.
Referred to Committee on State of the Republic.

MoNDAY, jANUARY 28, 1935.

697

By Mr. Hartsfield of Fulton. House Resolution No. 77-405b. A resolution author-
izing the payment of $2500 to Robert Coleman of Fulton County, and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Clements of ~..Jheeler, Spivey of Emanuel, Kelley of Elbert, McBride of Montgomery and Hogg of Schley.
House Bill No. 406. A bill to be entitled an Act regulating the weight of motor vehicles operating on the highways,and for other purposes.
Referred to Committee on l1otor Vehicles.
By ~~. Dorris of Crisp. House Bill No. 407. A bill to be entitled an Act
to amend the Code of Georgia by making changes in the manner of appointment and removal of jury commissioners, and for other purposes.
Referred to Committee on General Judiciary No. 2. By Mr. Clements of Wheeler.
House Resolution No. 78-407a. A resolution proposing to the people of Georgia an amendment to Constitution relating to county wide school tax levies, and for other purposes.
Referred to Committee on Amendments to Constitution No. l.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof: Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate,to wit:

698

JouRNAL or THE HousE,

By Senator Redwine of the 26th District: Senate Bill No. 2. A bill to amend Title 68 ("Mo-
tor Vehi cles 11 ), Chapter 68-2 ("License for l'1otor Vehicles and Chauffeurs"), of the Code of Georgia of 1933, which provides for the registration of Motor Vehicles at half year rates and quarter year rates, and for other purposes.
Mr. Dyer of Coweta moved that the House recesG, subject to the call of the Chair, and the motion prevailed.
The Spealcer called the House to order. Mr. Harris of Richmond, Vice-Chairman of the Committee on Rules, submitted the following report: Mr. Speaker: Your Comrr~i ttee on Rules having had under consideration a resolution proposing to establish as a special and continuing order of business inunediately after the period of unanimous consents at todays session, House Bill No. 2 and limiting individual speeches during the consideration of said bill to ten minutes has instructed me to report the same back to the House with the recommendation that the same be adopted.
Respectfully submitted, Harris of Richmond, Vice-Chairman.
~rr. Williams of Coffee moved the previous question.
On the adoption of the report of the Committee on Rules, the ayes were 117, nays 26, and the report was adopted.
The following resolution of the House was read: By l"'essrs. Lanier of Richmond, Sutton of ~Hlkes and Pound of Hancock.
House Resolution No. 80. A Resolution: Be it re-

.
MoNDAY, JANUARY 28, 193:J.

699

solved by the House of Representatives of the sovereign people of Georria:
That the Speaker of the House of Representatives of Georgia appoint a committee of five members of said House to immediately investigate and report to this House as soon as possible, and during this session,
First: The names and addresses of all officials and/or employees of the State of Georgia, other than the members of the General Assembly of Georgia, and/or any other person or persons, who have after the introduction of House Bill No. 2 at the present session of sajd General Assembly, promised construction of highways in the several counties of this State from funds of the State Highway Department of Georgia, in an effort to induce members of this House to vote for said House Bill No. 2 fixing a flat rate of $3.00 for license tags on all buses and trucks in this State, or who have threatened to withhold construction of Highways in this State in the several counties unless members of the General Assembly voted for reconsideration of such House Bill No. 2 as amended, by Lanier of Richmond and Pound of Hancock, fixing a graduated license tag fee for buses and trucks.
That such committee have the power to conduct hearings, subpoena witnesses, and to do all other and further things necessary to procure such infor~ mation.
Mr. Harris of Richmond moved that the resolution be tabled.
On the motion the ayes were 97, nays 43. The resolution was tabled. Under the order of business as set by the report of the Committee on Rules, which was adopted, the following bill of the House was again taken up for considera t1on:

700

JouRNAL oF THE HousE,

By Mr. Rivers of Lanier and others. House Bill No. 2. A bill to be entitled an Act to
amend the Code of Georgia of 1933, so as to fix the annual license fee for all motor vehicles, except farm tractors and motorcycle side cars, at $3.00, and for other purposes.
Mr. Lindsay of DeKalb moved that the House reconsider the ordering of the main question and previous question on House Bill No. 2, and the motion prevailed.
Mr. Arnall of Coweta moved the previous question, and the motion was lost.
Mr. Williams of Coffee moved the previous question, the motion prevailed,and the main question was ordered.
The amendment offered by Mr. Head of Catoosa was lost.
The amendment offered by l'lr. Daughtry of Wilkinson was lost.
The amendment offered by Mr. Hand of Mitchell was lost.
The amendment by Mr. Terrell of Troup to the amendment by Messrs. Pound of Hancock and Lanier of Richmond, was lost.
The amendment offered by Mr. Watson of Paulding was lost.
The amendment by Mr. Campbell of Newton was ruled out of order.
On the adoption of the amendment by Messrs.Lanier of R1chmond,Pound of Hancock and others to House Bill No. 2, Mr. Pound of Hancock moved the ayes and nays, and the call was susta1 ned.
The roll call was ordered and the vote was as

MoNDAY, jANUARY 28, 1935.

701

follows:

Those voting in the affirmative were Messrs.:

Allen

Howard of Chat- Patten of Cook

Ansley of Lee tahoochee

Peebles

Arnall

Kelley

Peek

Booth

Lanier

Pound

Black

Leonard of Walk- Preston of Bulloch

Bloodworth

er

Ramsey

Brinson

Lewallen

Reagan

Brown of Greene Lewis

Sabados

Davis of Troup Lindsay

Sartain

Dean

l"'cCracken

Standard

Dorris

l'Iarming

Sutton

Dyer

Martin

Swindle

Etheridge

J'Ii tchell of ta- Terrell of Troup

Flynt

mar

Terrell of Warren

Grayson Ha:mrnock Head Hogg

Mitchell iaferro
Mundy Neal

of

Tal-

Thompson Welsch Williams of Willingham Wilson

Bacon

Those voting in the negative were Messrs.:

Almand of Fulton Brown of Pike Daughtry

Almand of Walton Bush

Deal

Anderson

Camp

Dobbins

Ansley of DeKalb Campbell

Douglass

Atwood

Caswell

Durden

Bannister

Claxton of cam- Edwards of Lowndes

Bargeron

den

Edwards of Ste-

Barnard

Clements of Cal- phens

Barrett

houn

Felton

Batchelor

Clements of

Fowler

Bennett

Wheeler

Freeman of Bibb

Benton

Cobb

Freeman of Early

Bond

Cohen

Gammage

Bowden

Coxon

Gardner

Bla.."ld

Culpepper of Ec- Garrett

Blease

hols

Gavin

Bradley

Culpepper of Fay- Gilbert

Brisendine

ette

Gnann

Brooks

Darnell

Goolsby

702

JouRNAL oF THE HousE,

Green

McCranie

Ray

Griffin of De- McCutchen

Ross

catur

McGraw

Sarrnnon

Griffin of Floyd McKelvey

Scruggs

Groover

11cNall

Settle

Groves

Mallory

Shedd

Hampton

Mann

Shirah

Harris

Marshall

Smith of Madison

Harrison

Milam

Smith of Webster

Herndon

Mills

Spivey

Henderson

Minchew

Stephens

Hogan

Moore of Clayton Teasley

Holland

Moore of Haralson Terrell of Hall

Hooks

Morris

Thrasher

Horton

Moye

Tipton

Houston

Musgrove

Toms

Howard of Screven Newby

Townsend

Jackson of Bleck- Oden

Twitty

ley

Parham

Watson

Joel

Parker of Union Weathers

Johnson

Parks

Weeks

Johnston

Parr

Whaley

Jon~s of Brantley Patten of Tift Whitmire

Jones of Lumpkin Perry

Williams of Cof-

Lee

Peters

fee

Leonard of Musco- Preston of Wal- Wrench

gee

ton

Young

McBride

Rawlins

Zellner

(ZIDSee Appendix,Volume !,for those not voting.

By unanimous consent, the verification of the roll

call was dispensed with.

On the adoption of the amendment By Messrs.Pound of Hancock, Lanier of Richmond and others, the ayes were 51, nays 131.

The amendment was lost.

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

On the passage of the bill, the ayes were 161, nays 2.

MoNDAY, JANUARY 28, 1935.

703

The bill having received the requisite constitutional majority was passed.
By unanimous consent, the bill was immediately transmitted to the Senate.
Mr. Rivers of Lanier moved that the House recess until 2:30 o'clock, the motion prevailed, and the Speaker announced the House recessed until 2:30 o'clock.
Afternoon Session 2:30 otclock, P.M.
The Speal<:er called the House to order. Under the regular order of business, the following bills of the House were taken up for consideration a nd read the third time: By Mr. Rivers of Lanier and others. House Bill No. 3.
A BILL To be entitled an Act to provide funds for the payment of salaries due school teachers, pensions due Confederate soldiers and their widows, and outstanding and unpaid appropriations for the years 1928, 1929, 1930 and 1931; to authorize and direct the State Highway Board to pay into the general fund of the Treasury for such purpose, two million dollars of surplus funds now held by the State Highway Department; to provide for the disbursement and
.distribution of such funds; and for other purposes BE IT ENACTED BY THE GENERAL ASSEYJ.BLY OF GEORGIA: Section 1. That the State Highway Board and the State Highway Department be and they are hereby authorized, empowered and directed to irrolediately pay into the general fund of the State Treasury two million dollars of State Highway Funds, arising from

704

JouRNAL OF THE HousE,

revenue allocated to the State Aid road funds, and now held by the State Highway Department.

Section 2. That the funds arising under Section 1

of this Act shall be disbursed upon warrants of the

Governor for the pa~nent of the past due pensions of

living Confederate soldiers and their widows,accru-

ing during the years 1928, 1929, 1930 and 1931, and

for the payment of salaries now due the school teach-

ers of this State for services rendered prior to Jan-

uary 1, 1935. Such payments to school teachers shall

be made directly to such teachers by the Department

of Education, upon itemized statements showing the

&~aunt due each teacher and the period during which

services were rendered, which statements shall be

certified by the Board of Education of each County,

or independent school system participating directly

in the State school fund, and verified by the affi-

davit of the County School Superinten4ent,or Trea-

surer,or other proper officer, of such independent

system. The funds therefor shall be withdrawn from

the Treasur~ for such purpose upon warrants of the

Governor issued upon itemized requisitions likewise

setting forth the amount to be paid each such teach-

er and the period for which such payment is made.The

aggregate amount paid to the teachers of each county,

or such independent school system, on acoount of ser-

vices rendered in teaching in such County, or inde-

pendent school system, shall be charged against,and

shall not exceed, the proportionate part of the un-

paid appropriations for common schools provided by

the General Appropriations Acts of 1927 and 1929 for

the years 1928, 1929, 1930 and 1931, which may be

due such county or such independent school system

under the per capita distribution of the common

school fund now provided by law.

..

Section 3. That any balance of the funds provided

by Section 1 remaining after the payment of such

school teachers and Confederate soldiers shall be

disbv~sed and distributed upon warrants of the Gov-

ernor for the payrnent of unpaid appropriations car-

ried in the General Appropriations Acts of 1927 and

1929 for the years 1928, 1929, 1930 and 1931, and

MoNDAY, jANUARY 28, 1933.

705

remaining outstanding, unpaid and uncancelled under Section 26-A of the Gene1~l Appropriations Act approved ~~rch 24, 1933. If such amow1t is not sufficient to pay all such appropriations in full, the same shall be prorated in accordance with the amounts remaining unpaid and uncancelled under said Section of the General Appropriations Act of 1933.
Section 4. That all laws and parts of laws in conflict with this Act are hereby repealed.
The previous question and the main question were ordered.
The following Committee amendments were adopted: The Committee moves to amend House Bill No. 3, by striking all of Section 2 of said Act and substituting a new Section 2 to read as follows: Section 2. That the funds arising under Section 1 of this Act shall be disbursed upon warrants of the Governor for the payment of the past due appropriations for confederate pensions in full, and the balance for the payment of past due appropriations to the public school fund and the Barrett Rogers school fund and distributed pro rata among the counties and independent school systems as regular appropriations are paid, provided that all school boards shall use their pro rata part of said funds for the payment of past due salaries to school teachers and bus operators which have accrued prior to January lst, 1935, before using said funds for any other purpose, and that ~he said amounts be paid in the order in which the original indebtedness was incurred. The Cormni ttee moves to amend House Bill No.3 as follows: By adding the words "and school bus operators" after the words "school teachers 11 in the caption and wherever said words appear in the bill.
The report of the Committee, which was favorable to

706

JouRNAL oF THE HousE,

the passage of the bill, as amended, was agreed to.

On were

the 164,

pnaasysasgeo.

of

the

bill,

as

amended,

the

ayes

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

By unanimous consent, the bill was irrrrJediately transmitted to the Senate.

By Mr. Rivers of Lanier. House Bill No. 5.

A BILL

To be entitled an Act to define the status of the Regents of the University System of Georf.ia and of the members of the Board of Regents of the University System of Georgia; to declare the State's title and ownership of the property held by the Regents of the University System; to limit and restrict the powers of the Regents of the University System and the members of the Board of Regents; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. That the corporation created under s~ction 45 of the Act approved August 25, 1931, as embodied in Title 32, Section 32-101, of the Code of Georgia of 1933, and known as "Regents of the UnivePsity System of Georgia", is hereby declared to be a governmental agency of the State of Georgia, and all property held by said corporation under said Act of August 25, 1931, as embodied in Title 32 of the Code of Georgia of 1933 is hereby declared to be the property of the State of Georgia, and subject to all the limitations and restrictions imposed upon other property of the State of Georgia by the Constitution and laws of this State. The members of the Board of Regents of the University System of Georgia, as provided for by said Act, are hereby declared to be public officers of the State of Georgia and sub-

MoNDAY, }ANTARY 28, 19:3;).

707

ject, in all their actions as such, to all the limitations and restrictions irrposed by the Constitution and laws of this State upon other public officers.
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
The House resolved itself into the Committee of the Whole House for the purpose of considering House Bill No. 5, as amended, and the Speaker designated Mr. Flynt of Spalding as the Chairman thereof.
The Committee of the Whole House arose and through its Chairman reported House Bill No. 5 back to the House with the recommendation that the same do pass, as amended.
By unanimous consent, the minority committee report was withdrawn.
The following resolutions of the Board of Regents were read:
Whereas: There is a bill pending before the General Assembly, declaring members of the Board of Regents State Officers and subject to the laws and Constitution of the State of Georgia; and also declaring the property of the University System the property of the State of Georgia; and
Whereas: The Regents have always regarded themselves as officers of the State and a department of the State government; and
Whereas: We are advised that amendments will be offered to this bill clearly defining that any donations, gifts and bequests to the University System, or any branch thereof, are not affected thereby;and
Whereas: We are also advised that amendments will be offered to this bill, allocating all fees and revenues from operation and monies arising from the sale of personalty to the institution that originates the fees and monies;
We, Therefore, provided the above mentioned amendments are incorporated, endorse this bill declaring

708

JouRNAL OF THE HousE,

members of the Board of Regents officers of the State and subject to the laws and Constitution of tne State, feeling that this is the only safeguard for the University System; and request that a copy of this resolution be forwarded to the Speaker of the House and the President of the Senate, as they are joint and co-authors of the bill referred to.
This 28th day of January, 1935. The above is a true and correct copy of the resolution passed unanimously by the Board of Regents of the University System of Georgia in Session this the 28th day of January, 1935.
L.R. Siebert,Secretary. vmereas, Governor Eugene Talmadge has expressed his willingness to support an appropriation toRegents of the University System of Georgia of one million dollars to erect buildings on properties of the University System of Georgiai to be paid onethird (l/3) in 1935; one-third ( /3) in 1936, and one-third (1/3) in 1937. Therefore, The Board of Regents desires to go on record as preferring this method of building on the University System's property to the loan and grant from the P.W.A., although the Board wishes it clearly understood that it considers a reasonable building program essential for the proper progress of the University System of Georgia. The above is a true and correct copy of the resolution passed unanimously by the Board of Regents of the University System of Georgia in session this the 28th day of January, 1935.
L.R. Siebert,Secretary. The following amendment was read: Mr. Harris of Richmond moves to amend House Bill No. 5, by adding the following Section, just before

l\fONDAY, jANL'ARY 28, 1935.

709

the repealing clause: Section No._.All fees, and all monies arising
from the sale of any personalty shall be reported and remitted to the Secretary and Treasurer of the Board of Regents, who shall transmit the same to the State Treasurer.
The monies arising from these fees and sales of personalty are especially allocated to the branch or division of the University System from which they originate, and are hereby appropriated for that purpose. They are to be drawn out of the Treasury on a requisition, just as other funds are drawn.
The following amendment to the above amendment was read and adopted:
Mr. Harris of Richmond moves to amend the amendment by Mr. Harris of Richmond by inserting in both paragraphs after the words "all fees" the following: "and all proceeds of athletic contests".
The amendment, as amended, was adopted.
The following Committee amendment was adopted: The Committee moves to amend House Bill No. 5 as follows: By adding the following Section:
Section_ The terms and condi tlons of any and all donations,gifts,or bequests,heretofore made or to be made in the futUre,to the Trustees of the University, the Board of Regents of the University,or to the University System,or to any branch or division thereof,shall not be affected by the provisions of this Act.
The report of the Committee,which was favorable to the passage of the bill,as amended,was agreed to,as amended.
On the passage of the bill,as amended,the roll call was ordered,and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams

Allen

Almand of Fulton

710

JouRNAL or THE HousE,

Almand of Walton Deal

Houston

Anderson

Dean

Howard of Chatta-

Ansley of DeKalb Dobbins

hoochee

Ansley of Lee Dorris

Howard of Screven

Arnall

Douglass

Jackson of Black-

Atwood

Durden

ley

Bannister

Dyer

Jackson of Haber-

Bargeron

Edwards of

sham

Barnard

Lowndes

Joel

Barrett

Edwards of

Johnson

Batchelor

Stephens

Johnston

Bennett

Etheridge

Jones of Brantley

Benton

Felton

Jones of Lumpkin

Bond

Flynt

Kelley

Booth

Fowler

Kanier

t)owden

Freeman of Bibb Lee

Black

Freeman of Early Leonard of ~fusco-

Bl.qnd

Gam,11age

gee

Blease

Gardner

Leonard of Walker

Bloodworth

Garrett

Lewallen

Bradley

Gavin

Lewis

BriiJ.SOn

Gilbert

McBride

Brisendine

Gnann

McCracken

Brooks

Goolsby

McGraw

Brown of Glynn Grayson

McKelvey

Brown of Greene Green

McNall

Brovm of Pike Griffin of Deca- Mallory

Camp

tur

Mann

Campbell

Griffin of Floyd Manning

Caswell

Groover

Marshall

Claxton of Cam- Groves

Milam

den

Guess

Mills

Clements of Cal- Hammock

Mitchell of Tali-

houn

Hampton

aferro

Clements of

Harris

Moore of Clayton

Wheeler

Harrison

Moore of Haralson

Cobb

Herndon

Moye

Cohen

Head

Mundy

Culpepper of Hefner

Musgrove

Echols

Henderson

Neal

Culpepper of Fay-Hogan

Newby

ette

Hogg

Oden

Darnell

Holland

Parham

Davis of Troup Horton

Parker of Colquitt

MoNDAY, JANUARY 28, -1935.

711

Parker of Union Settle

Thrasher

Parks

.Shedd

Toms

Parr

Shirah

Townsend

Patten of Cook Smith of Ma.di- Twitty

Patten of Tift son

Watson

Peebles

Smith of Web- Weathers

Peek

ster

Weeks

Perry

Spivey

1.-Jelsch

Peters

Standard

Whaley

Pound

Stephens

Whitmire

Preston of Wal- Sutton

Williams of Bacon

ton Ramsey Rawlins

Swann

Williams of Cof-

Swindle

fee

Terrell of Hall Willingham

Sabados

Terrell of Troup Wilson

Sammon Sartain Scruggs

Terrell of War- Wrench

ren

Young

Thompson

zellner

Those voting in the negative were Messrs.:

Hand

Lindsay

Preston of Bulloch

<2.3) See Appendix,Volume I ,for those not voting.

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

On the passage of the bill, as amended, the ayes were 171, nays 3.

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

Mr. Williams of Coffee moved that the following resolution of the House be taken from the table:

By Messrs. Williams of Coffee and Barrett of Rich-
mor~d.
House Resolution No. 58. A resolution that the House of Representatives extend an invitation to Honorable Huey P. Long, to address the members of the House.

712

JouRNAL or THE HousE,

The motion to take from the table prevailed. On the adoption of the resolution,the ayes were 52, nays 58. The resolution was lost. Mr.W1lliams of Coffee gave notice that at the proper time,he would move that the House reconsider 1tf action in tailing to adopt House Resolution No. 58. Mr. Young ot Sumter moved that the House do now adjourn,and the motion prevailed. Leave of absence was granted to Mr.West of Hall. The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

TuESDAY, jANUARY 29, 1935.

713

Representative Hall, Atlanta,Ga.

Tuesday, January 29, .1935.

The House met pursuant to adjournment this day at 10:000 o'clock, A.M.,was called to order by the Speaker,and the devotional exercises were conducted by Mr.Ramsey of Fulton.

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

Adams

Bush

Edwards of

Allen

Camp

Lowndes

Almand of Fulton Campbell

Edwards of Ste-

Almand of Walton Caswell

phens

Anderson

Claxton of Cam- Ennis

Ansley of DeKalb den

Etheridge

Ansley of Lee Claxton of John- Felton

Arnall

son

Flynt

Atwood

Clements of Cal- Fowler

Bannister

houn

Freeman of Bibb

Bargeron

Clements of

Freeman of Early

Barnard

Wheeler

Gammage

Barrett

Cobb

Gardner

Batchelor

Cohen

Garrett

Bennett

Coleman

Gavin

Benton

Coxon

Gilbert

Bond

Culpepper of

Gnann

Booth

Echols

Goolsby

Bowden

Culpepper of Fay- Grayson

Black

ette

Green

Blan~

Darnell

Griffin of Deca-

Blease

Daughtry

tur

Bloodworth

Davis of Troup Griffin of Floyd

Bradley

Deal

Groover

Brinson

Dean

Groves

Brisendine

DeLoach

Guess

Brooks

Dobbins

Hammock

Brown of Glynn Dorr1 s

Hampton

Brown of Greene Douglass

Hand

Brown of Pike Durden

Harris

Burgin

Dyer

Harrison

714

JouRNAL oF THE HousE,

Hartsfield

Martin

Scruggs

Herndon

Milam

Settle

Head

Mills

Shedd

Hefner

Minchew

Shirah

Henderson

Mitchell of La- Smith of Madison

Rogan

mar

Smith of Webster

Hogg

M1tchell of Tal- Spivey

Holland

iaferro

Standard

Hooks

Moore of Clayton Stephens

Horton

Moore of Haral- Sutton

Houston

son

Swann

Howard of Chat- Morris

Swindle

tahoochee

Moye

Teasley

Howard of Screv- Mundy

Terrell of Hall

en

Musgrove

Terrell of Troup

Jackson of

Neal

Terrell of Warren

Blackley

Newby

Thompson

Jackson of Hab- Oden

Thrasher

ersham

Parham

Tipton

Joel

Parker of Col- Toms

Johnson

quitt

Townsend

Johnston

Parker of Union Twitty

Jones of Brant- Parks

Warnell

ley

Parr

Watkins

Jones of Lumpkin Patten of Cook Watson

Kelley

Patten of Tift Weathers

Lanier

Peebles

Weeks

Lee

Peek

Welsch

Leonard o! Muscogee Perry

West

Leonard or Walker Peters

Whaley

Lewallen

Pound

Whitmire

Lewis

Preston of Bul- Williams of Bacon

Lindsay

loch

Williams or Cof-

McBride

Preston of Wal- fee

McCracken

ton

Williams of Jack-

McCranie

Ramsey

son

McCutchen

Rawlins

Williams of Jones

McGraw

Ray

Willingham

McKelvey

Reagan

Wilson

McNall

Ross

Woods

Mallory

Sabados

Wrench

Mann

Salter

Young

Manning

Sammon

Zellner

Marshall

Sartain

Mr.Speaker

<24) See Appendix,Volume I ,for absentees.

Tt:ESDAY, jANUARY 29, 1935.

715

Mr.Preston of Bulloch,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.
Mr.Williams of Coffee moved that the House reconsider its action in failing to adopt the following resolution of the House. By Messrs. Williams of Coffee and B~tt of Richmond.
House Resolution No.58. A resolution to invite the Honorable Huey P.Long,United States Senator from Louisiana,to address the Georgia House of Representatives,and for other purposes.
Mr.Houston of Worth moved the previous question. The action of the House in failing to adopt House Resolution No.58 was reconsidered. On the adoption of the resolution,the ayes were 90,nays 77. The resolution was adopted. 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 bills and resolutions under the Rules of the House. 2. Reports of Standing Committees. 3. Second reading of bills and resolutions,favorably reported. 4. Third reading and passage of local uncontested House Bills. 5. First reading of Senate Bills. By unanimous consent,the following bills and resolutions of the House were 1ntroduced,read the first t1me,and referred to the Committees:

716

JouRNAL or THE HousE,

By Messrs.Lanier,Harris and Barrett of Richmond. House Bill No. 408. A bill to be entitled an Act
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 Messrs. Ramsey of Fulton, Ansley of DeKalb and Cobb of Clarke.
House Bill No. 409. A bill to be entitled an Act to amend An Act establishing juvenile courts,and tor other purposes.
Referred to Committee on Public Welfare.
By Messrs. Hartsfield,Ramsey and Almand of Fulton. House Bill No. 410. A bill to be entitled An Act
to amend the act establishing the Criminal court of Atlanta,and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr.Shirah of Colquitt. House Bill No. 411. A bill to be entitled an Act
to amend Section 24-2814 or the 1933 Code so as to provide for the removal of sheriffs or deputies by the Governo~and for other purposes.
Referred to Committee on State of the Republic.
By Mr.Douglas of Talbot. House Bill No. 412. A bill to be entitled an Act
to amend the 1933 Code relating to examinations of credit union by the Superintendent of Banks by providing fees,and tor other purposes.
Referred to Committee on Banks and Banking. By Messrs.Stephens and Hogan of Laurens.
House Bill No. 413. A bill to be entitled an Act to amend Section 695 of 1910 Code relating to road taxes in certain counties, and for other purposes.
Referred to Committee on Counties,and County Matters.

TUESDAY, JANUARY 29, 1935.

717

By Messrs. Peebles and Felton of Bartow. House Bill No. 414. A bill to be entitled an Act
to amend the act creating the charter of Cartersville,and for other purposes.
Referred to Committee on Municipal Government. By Messrs. Peebles and Felton of Bartow.
House Bill No. 415. A bill to be entitled an Act to amend the act creating the charter of Cartersville, and for other purposes.
Referred to Committee on Municipal Government. By Mr. Darnell of Pickens.
House Bill No. 416. A bill to be entitled an Act to amend Section 695 of 1910 Code,relating to road taxes in c erta1n counties,and for other purposes.
Referred to Committee on Counties and County Matters. By Mr.McGraw of Meriwether.
House Bill No. 417. A bill to be entitled an Act to amend an Act providing for the holding of Superior Court in. Meriwether County,and for other purposes.
Referred to Committee on Special Judiciary. By !1r. Wrench of Charlton.
House Bill No. 418. A bill to be entitled an Act to increase mileage of State Aid Road by adding a road from Maniac to St.George, and for other-purposes.
Referred to Committee on Public Highways No.1. By Mr.Marshall of Macon.
House Bill No. 419. A bill to be entitled an Act to provi~e for collection of alimony for minor children,and for other purposes.
Referred to Committee on General Judiciary No. 2.

718

JouRNAL oF THE HousE,

By Mr.Thompson of Muscogee. House Bill No. 420. A bill to be entitled an Act
to amend an Act so as to provide a tax of $1.00 on insurance agents,solicitors,or sub agents,instead of $10.00,and for other purposes.

Referred to Committee on Ways and Means.

By Messrs. Bloodworth,Bowden and Freeman of Bibb; Ramsey of Fulton,Stephens of Laurens,Clements of Wheeler and Hartsfield of Fulton.
House Bill No. 421. A bill to be entitled an Act to amend the State Aid Road System so as to include a road from Jackson to Macon, and for other purposes.
Referred to Committee on Public Highways No.2. By Messrs.Terrell,Groover and Davis of Troup. (By Request)
House Bill No. 422. A bill to be entitled an Act to provide employment and training for blind persons,and for other purposes.

Referred to Committee on Academy for the Blind.

By Messrs. Dyer and Arnall of Coweta.

House Bill No. 423. A bill to be entitled an Act

to amend an act abolishing the offices of tax re-

ceiver and tax collector of Coweta County and create

the office of Tax Commissioner,and for other pur-

poses.



Referred to Committee on Counties and County Matters.

By Messrs. Lanier, Harris and Barrett of Richmond. House Bill No. 424. A bill to be entitled an Act
to abolish the office of Chairman of the Board of Commissioners of Roads and Revenue of Richmond County,and for other purposes.

Referred to Committee on Counties and County Matters. By Messrs. Hartsfield,Ramsey and Almand of Fulton.
House Bill No. 425. A bill to be entitled an Act

TuESDAY, JANUARY 29, 1935.

719

to amend an Act approved August 4,1927 providing tor an occupation tax on distributors of motor fuel so as to exempt counties and municipalities from payment or motor fuel taxes, and for other purposes.
Referred to Committee on Ways and Means. By Mr.Kelly of Elbert.
House Bill No. 423. A bill to be entitled an Act to fix the rights of parties where injury or death results to any person while ridihg in an automobile or other conveyance as a passenge~and for other purposes.
Referred to Committee on Motor Vehicles. By Mr.Kelly of Elbert.
House Bill No. 427. A bill to be entitled an Act to fix the amount of the bond of the Sheriff of Elbert County at $2,000.,and for other purposes.
Referred to Committee on Counties and County Matters. By Mr.Williams of Coffee.
House Bill No. 428. A bill to be entitled an Act to amend Section 32 of the Georgia Workman's Compensation Act,and for other purposes.
Referred to Committee on Industrial Relations. By Mr.Williams of Coffee.
House Bill No. 429. A bill to be entitled an Act to amend Section 45 of the Georgia Workman's Compensation Act,and for other purposes.
Referred to Committee on Industrial Relations. By Mr.Williams of Coffee.
House Bill No.430. A bill to be entitled an Act to amend Section 34 of the Georgia Workmen's Compensation Act,and for other purposes.
Referred to Committee on Industrial Relations.

720

JouRNAL OF THE HousE,

By Messrs. Lindsay,Guess and Ansley of DeKalb. House Resolution No. 81-430a. A resolution to
propose a Constitutional Amendment permitting the Commissioner of Roads and Revenue of DeKalb County to levy taxes for establishment and maintenance of parks,sewerage,water and fire prevention systems,and for other purposes.
Referred to Committee on Amendments to Constitution No.1.
Mr. Lanter of Richmond County, Chairman of the Committee on Amendments to Constitution No. l, submitted the following report: Mr.Speaker:
Your Committee on Amendments to Constitution No.1 have had under consideration the following bills and/or resolutions of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
House Resolution No. 25-138c, do not pass. House Resolution No. 55-298b, do pass. House Bill No. 80, do not pass. House Bill No. 81, do not pass. House Bill No. 91, do pass. House Bill No. 154, do not pass.
Respectfully submitted, Lanier of Richmond, Chairman.
Mr. Barrett of Richmond County, Vice-Chairman of the Committee on Counties and County Matters submitted the following report: Mr. Speaker:
Your Committee on Counties and County Matters have had under consideration the following bills of the House and have instructed me as Chairman,to report the same back to the House w1 th the following recommendations:

Tt:ESDAY, jANVARY 29, 193:->.

721

House Bill No.l45,do pass. House Bill No. 66,do pass. House Bill No. 17,do pass. House Bill No.287,do pass. House Bill No, 45,do pass. House Bill No. 46,do pass. House Bill No. 73,do pass. House Bill No. 82,do pass. House Bill No. 89,do pass. House Bill No.ll2,do pass. House Bill No.ll3,do pass. House Bill No.ll4,do pass. House Bill No.ll5,do pass. House Bill No.l35,do pass. House Bill No.l48,do pass. House Bill No.258,do pass. House Bill No.269,do pass. House Bill No.272,do pass. House Bill No.264,do pass. House Bill No.255,do pass. House Bill No.200,do pass. House Bill No.210,do pass. House Bill No.318,do pass. House Bill No.339,do pass. House Bill No.354,do pass. House Bill No.367,do pass. House Bill No.370,do pass. House Bill No. 65,do pass. House Bill No. 64,do pass. House Bill No. 67,do pass. House Bill No.319,do pass. House Bill No.362,do pass.
Respectfully submitted, Barrett of Richmond, Vi ce~hairman.
Mr.Howard of Screven County,Chairman of the Committee on Education No.l,submitted the following report: Mr.Speaker:
Your Committee on Education No. 1 have had under

722

JouRNAL oF THE HousE,

consideration the following bill o:r the House and have instructed me as Chairman, to report the same back to the House with the :following reconnnendation:
House Bill No. 299,do pass. Respectfully submitted, Howard o:r Screven, Chairman.
Mr. Guess o:r DeKalb County,Chairman o:r the Committee on General Judiciary No. l,subm1tted the following report: 11r. Speaker:
Your Connnittee on General Judiciary No. 1 have had under consideration the :following bill o:r the House and have instructed me as Chairman,to report the same back to the House with the following reconnnendation:
House Bill No.56,do pass. Respectfully submitted, Guess o:r DeKalb, Chairman.
Mr.Clements o:r Wheeler County,Chairman o:r the Committee on Municipal Government,submitted the :following report: :Mr.Speaker:
Your Committee on Municipal Government have had under consideration the :following bills o:r the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 110, do pass. House Bill No. 111, do pass. House Bill No. 179, do pass. House Bill No. 203, do pass. House Bill No. 222, do pass.

TuESDAY, jANUARY 29, 1935.

723

House Bill No. 274, do pass. House Bill No. 276, do pass. House Bill No. 292, do pass. House Bill No. 351, do pass. House Bill No. 383, do pass.
RespectfullY submitted, Clements of Wheeler, . Chairman.
Mr.Edwards of Lowndes County,Chairman of the Committee on State of the Republic,submitted the following report: Mr.Speaker:
Your Comm.t ttee on State of the Republic have had under consideration the following bills and/or resolutions of the Senate and have instructed me as Chairman,to report the same back to the House with the following recommendations:
Senate Bill No. 4, do pass. Senate Resolution No. 8, do pass. Senate Bill No. 9, do pass. Senate Resolution No. 9, do pass. Senate Resolution No.lO, do pass. Senate Resolution No.ll, do pass. Senate Resolution No.l2, do pass. Senate Bill No. 8 1 do pass.
Respectfully submitted, Edwards of Lowndes, Chairman.
By unanL~ous consent,the following bills and resolutions of the House and Senate,favorably reported, were read the second time: By Senator Redwine of the 26th District.
Senate Bill No. 4. A bill to be entitled an Act to repeal an Act creating the office of State veterinarian,and for other purposes. By Senator Redwine of the 26th District.
Senate Bill No. 8. A bill to be entitled an Act to amend an Act so as to fix the term of office of

724

JouRNAL oF THE HousE,

the Commissioner of Agriculture at four years,and for other purposes. By Senator Redwine of the 26th District.
Senate Resolution No. 8. A resolution proposing an amendment to the Constitution,to the people for ratification,providing for a Lieutenant Governor who shall be President of the Senate,and for other purposes. By Senator Redwine of the 26th District.
Senate Bill No. 9. A bill to be entitled an Act to amend-an Act so as to fix the term of office of the Commissioner of Commerce and Labor at four years, and for other purposes. By Senator Redwine of the 26th District.
Senate Resolution No. 9. A resolution proposing to the voters an amendment to the Constitution providing that the Lieutenant Governor shall be the President of the Senate,and for other purposes. By Senator Redwine of the 26th District.
Senate Resolution No. 10. A resolution proposing to the voters an amendment to the Constitution changing the term or office of the Governor and other constitutional State officers,and for other purposes. By Senator Redwine of the 26th District.
Senate Resolution No. 11. A resolution proposing to the voters an amendment to the Constitution, limiting the duration of extraordinary sessions of the General Assembly to the number of days stated in the proclamation of the Governor,and for other purposes.
By Senator Redwine of the 26th District. Senate Resolution No. 12. A resolution proposing
to the voters an amendment to the Constitution,providing for a State School Superintendent instead of State School Commissioner,and for other purposes. By Mr.Weathers of Jenkins.
House Bill No. 17. A bill to be entitled an Act to authorize the county commissioners of certain counties to acquire,own and administer lands for the

TUESDAY, jANUARY 29, 1935.

725

purpose of creating public parks,and for other purposes.

By Mr. Atwood,of Mcintosh. House Bill No. 45. A bill regulating the hunting
of marsh hens in Mcintosh County.

By Mr. Atwood of Mcintosh. House Bill No. 46. A bill amending an Act permit-
ting the taking of cat fish in Mcintosh County,prescribing the method of taking the same, and for other purposes. By Messrs.sammons of Gwinnett, Lanier of Richmond, Harris of Richmond, Spivey or Emanuel,Sabados or Dougherty and Culpepper of Fayette.
House Bill No. 56. An Act to amend an Act entitled "An Act to establish a department of insurance" so as to better regulate the business of life insurance companies, and fraternal benefit societies and similar companies, or Societies doing business in this State. By Mr. Williams of Bacon.
House Bill No. 64. A bill to authorize boards or county commissioners of certain counties to prescribe the time the chairman of such boards shall devote to county business,prescribe their compensation for such time, and for other purposes. By Mr. Williams of Bacon.
House Bill No. 65. A bill to repeal an Act creating the county criminal court in all counties having a population of not less than 6458 and not more than 6462, and transferring all books, suits, menses and final processes, and for other purposes.

726

JouRNAL oF THE HousE,

By Mr. Williams of Bacon. House Bill No. 66. A bill to amend an Act to abol-
ish the office of Treasurer of Bacon County so as to reduce the amount of the bond to be given by the depository and disbursing agent from $25,000 to $15,000.

By Mr. Williams of Bacon. House Bill No. 67. A bill to reduce the bond of
the sheriff of Bacon County from $10,000 to $5,000.

By Mr. Douglass of Talbot. House Bill No. 73. A bill to reduce the bond of
the sheriff of Talbot County from $10,000 to $3,000.

By Mr. Parker of Union. House Bill No. 82. A bill to repeal an Act of
March 2, 1933, abolishing the office of county treasurer of Union County.

By Mr. Morris of Douglas. House Bill No. 89. A bill to be entitled an Act
to abolish the office of tax receiver and tax collector of Douglas County;to create the office of tax commissioner, and for other purposes. By Messrs. Grayson of Chatham,Rivers of Lanier, Harris of Richmond, and others.
House Bill No. 91. A bill to be entitled an Act to propose to the qualified voters of the State of Georgia, an amendment to the Constitution, authorizing the levying of a tax to provide for the payment of old age pensions by the State of Georgia, and for other purposes.

TuESDAY, jANUARY 29, 1935.

7Z7

By Mr. Oden of Pierce. House Bill No. 110. A bill to be entitled an Act
to amend an Act to provide and establish a Charter for the City of Blackshear,and for other purposes.

By Mr. Oden of Pierce. House Bill No. 111. A bill to amend an Act ap-
proved July 28, 1921 and amendments thereto requiring commissioners of roads and revenues of Pierce County to live in the City of Blackshear,and for other purposes.

By Mr. Warnell of Bryan. House Bill No. 112. A bill to be entitled an Act
to authorize the tax collecting officials of Bryan county to collect delinquent taxes, and for other purposes.

By Mr. Warnell of Bryan. House Bill No. 113. A bill to be entitled an Act
to am~nd an Act approved July 19th, 1927 creating a board of Commissioners of Roads and Revenues of Bryan County, and for other purposes.

By Mr. Warnell of Bryan. House Bill No. 114. A bill to be entitled an Act
to require certain officers of Bryan County to furnish and give bond, and for other purposes.

By Mr. Warnell of Bryan. House Bill No. 115. A bill to be entitled an Act
to abolish the offices of tax receiver and tax collector of Bryan County; to create the office of tax

728

JouRNAL OF THE HousE,

commissioner; to define his duties and powers, and for other purposes.

By Mr. Howard of Screven.

House Bill No. 135. A bill to be entitled an Act

to fix the amount of the bond of the Sheriff of

Screven County,Ga. poses.

at

$3,000 1

and

for

other

pur-

By Messrs. Allen and Ennis of Baldwin. House Bill No. 145. A bill to be entitled an Act
to require the payment of fees of Clerks and Sheriffs of the Superior Court in divorce cases in all counties of this State having a certain population.

By Mr. Leonard of Walker. House Bill No. 148. A bill to be entitled an Act
to amend an Act to abolish the Board of Commissioners of Roads and Revenues of Walker County and create a new board.

By Mr. Sutton of Wilkes. House Bill No. 179. A bill to amend the Charter of
the City of Washington, ~

By Mr. Rivers of Lanier. House Bill No. 200. A bill to be entitled an Act
to enable the City of Lakeland to be given certain relief in the operation of its utilities under authority of the Constitutional amendment,an enabling act authorizing such operation. By Messrs. Grayson,Cohen and McNall of Chatham.
House Bill No. 203. A bill to be entitled an Act

TUESDAY, jANUARY 29, 1933.

729

to amend the several Acts relating and incorporating the Mayor and Alderman of the City of Savannah, and !or other purposes. By Messrs. Coleman and Edwards of Lowndes.
House Bill No. 210. A bill to amend an Act approved December 11, 1901 entitled an Act to establish the City Court of Valdosta; to define its jurisdiction of powers, and for other purposes. By Messrs.Camp and Garrett of Carroll County.
House Bill No. 222. A bill entitled an Act to amend the Charter of the City of Villa Rica,and for other purposes. By Mr. Salter of Baker.
House Bill No. 255. A bill to be entitled an Act to prohibit the assessing of road taxes in Baker County, and for other purposes. By Mr. Hammock of Randolph.
House Bill No. 258. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Randolph County. By Mr. Herndon of Hart.
House Bill No. 264. A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Hart County, and for other purposes. By Mr. Hammock of Randolph.
House Bill No. 269. A bill to be entitled an Act to repeal an Act creating a Board of Com~issioners of Roads and Revenues in and for the County of Randolp~ and for other purposes. By Mr. Howard of Chattahoochee.
House Bill No. 272. A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Chattahoochee County;create the office of tax commissioner, and for other purposes. By Mr. Claxton of Johnson.
House Bill No. 274. A bill to be entitled an Act

730

JouRNAL OF THE HousE,

to amend the Charter of the town of Kite, and for other purposes. By Mr. Milam of Spalding.
House Bill No. 276. A bill to be entitled an Act to reduce the operating expenses of county and municipal governments, and for other purposes. By Mr. Hammock of Randolph.
House Bill No. 287. A bill to be entitled an Act creating Commissioners of Roads and Revenues of Randolph County, and for other purposes. By Mr. Gavin of Clay.
House Bill No. 292. A bill to be enti-tled an Act repealing an Act reducing the territorial limits of the town of Bluffton, and for other purposes. By Messrs. Rivers of Lanier and Lanier of Richmond.
House Resolution No. 55-298b. A resolution proposing a Constitutional amendment providing that the State shall assume any indebtedness incurred prior to January 1, 1935 by counties, school districts,municipalities, and independent school systems for Educational purposes. By Messrs. Garrett and Camp of Carroll.
House Bill No. 299. A bill to be entitled an Act to amend an Act establishing public school system for City of Carrolton, and for other purposes. By Mr. Whitmire of Dawson.
House Bill No. 318. A bill to be entitled an Act to repeal an Act creating a Board of Commissioners of Roads and Revenues of Dawson County, and for other purposes. By Mr. Whitmire of Dawson.
House Bill No. 319. A bill to be entitled an Act to create a Commissioner of Roads and Revenues of Dawson County, and for other purposes. By Mr. Garrett of Carroll.
House Bill No. 339. A bill to be entitled an Act

TUESDAY, jANUARY 29, 1935.

731

to provide tor preparation and exhibition or ballot boxes in all primary elections in certain counties, and for other purposes. By Mr. Weeks of Columbia.
House Bill No. 351. A bill to be entitled an Act to amend an Act creating a new charter tor the town ot Harlem, and for other purposes. By Mr. Goolsby of McDuffie.
House Bill No. 354. A bill to be entitled an Act to vest in Tax Collectors in certain counties the powers or Sheriffs in the collection of tax fi.fas., and for other purposes. By Messrs. Hartsfield, Ramsey and Almand or Fulton.
House Bill No. 362. A bill to be entitled an Act to enlarge and define the duties or Tax Assessors in certain counties, and for other purposes. By Messrs. Griffin and Mills or Decatur.
House Bill No. 367. A bill to be entitled an Act to create a Board or County Commissioners or Roads and Revenues for Decatur county, and for other purposes. By Mr. Swann of Grady.
House Bill No. 370. A bill to be entitled an Act to amend an Act creating the office or Tax Commissioner or Grady County, and for other purposes. By Mr. Gardner of Candler.
House Bill No. 383. A bill to be entitled an Act to prescribe the qualifications or the mayor and the members of City Council, of the town or Metter, and for other purposes.
By unanLffious consent, the following bill ct the Senate was read the first time, and referred to the Committee: By Senator Redwine of the 26th District.
Senate Bill No. 2. A bill to amend Title 68,Chapter 66-2 or 1933 Code, providing for the registra-

732

JouRNAL oF THE HousE,

tion of Motor Vehicles at half year rates and quarter year rates,and for other purposes.
Referred to Committee on State of the Republic. The following message was received from the Senate through Mr. Hammond, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bill of the Senate to wit: By Senator Redwine of the 26th District. Senate Bill No. 6. A bill to be entitled an Act to provide for annual appropriations for refunds of income taxes illegally collected under Title 92,and for other purposes. The following message was received from the Senate through Mr. Hammond, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate to wit: By Senator Redwine of the 26th District. Senate Bill No. 10. A bill amending the Code of Georgia of 1933, fixing the compensation of the Chairman of the State Highway Board, and the Members of said Board. By Senator Atkinson of the 1st District and Senator Beasley of the 2nd District. Senate Bill No. 26. A bill to be entitled an Act to grant to the United States of America certain ungranted and reverted lands in Chatham County, Georgi~ and also a portion of Cockspur Island in Chatham County, Georgia, and for other purposes. By Senator Crawford of the 42nd District. Senate Bill No. 33. A bill to be entitled an Act to

TuESDAY, JANUARY 29, 1935.

733

amend Section 582 of the Civil Code of Georgia by providing that County Warrants legally issued and duly presented and not paid for want of funds shall bear interest at the legal rate from date of entry by the Treasurer, and for other purposes. By Senator Crawford of the 42nd District.
Senate Bill No. 34. A bill to be entitled an Act to authorize prosecuting officers to prefer accusations in felony cases returnable to the Superior Courts of this State, 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. Rivers of Lanier.
House Bill No. 7. A bill to be entitled an Act to create and establish a State Police Patrol in the State of Georgia; to provide for the establishment of a drivers' license office, and for other purposes.
The House was resolved into the Committee of the Whole House for the purpose of considering House Bill No. 7, as amended, and the Speaker designated Mr.Arnall of Coweta as the Chairman thereof.
The Committee of the Whole House arose, and through its Chairman,reported progress,and asked leave to sit again.
Mr. Sutton of Wilkes moved that the bill together with all amendments and substitutes be referred to a certain committee.
Mr. Lindsay of DeKalb moved that further consideration of House Bill No. 7, and all amendments be postponed until Wednesday morning at 10:30 o'clock, and in the interim,the Speaker appoint a special sub-committee, to meet with the authors of amendments and substitutes, in order to effect a compromise, whereby the amendments would be accepted or rejected, and a clear-cut bill presented to the House, and the motion prevailed.

734

JouRNAL or THE HousE,

The Speaker appointed as a special sub-committee to consider House Bill No.7, and all amendments,Messrs. Flynt of Spalding,Chairman,Mundy of Polk,Culpepper of Fayette,Zellner of Monroe,Edwards of Lowndes,and Harris of Richmond. By Messrs. Lanier, Harris and Barrett of Richmond.
House Bill No. 12. 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 property for taxation, and to adopt different rates and methods for taxing different classes of property; to limit the State tax on real estate and also limit the tax on intangible 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 au-
thority of the same, that paragraph one (1) of sec-
tion two (2) of article seven (7) of the Constitution of the State oi 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: 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 pov1er to classify intangible property including money for taxation, and to adopt different rates and different methods for different classes of such property.
Section 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 "yeas" and "nays" thereon, and shall be published in one or more newspapers in each

TuESDAY, jANUARY 29, 1935.

735

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 of 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 property, and to limit the State ad valorem tax, and to limit the ad valorem tax on intangibles;" and all persons opposed the adoption of said amendment shall have written or printed on their ballots the words; "A~inst ratification of amendment to paragraph one (lJ, 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 property, and limit the State ad valorem tax,and to limit the ad valorem tax on intangibles;" 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 result by publication of the results of said election by one insertion in one of the daily papers of this State,declaring the amendment ratified.
Section 3. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Mr. Sabados of Dougherty moved the previous ques-
tion, the motion prevailed, and the main question was ordered.
The following amendment was adopted:

736

JouRNAL oF THE HousE,

Messrs. Harris and Lanier of Richmond move to amend House Bill No. 12, by striking the last paragraph of Section one and inserting in lieu thereof a new paragraph to read as follows:

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 real property and one or more classes of personal property including money. The General Assembly shall have the power to classify personal property including money for taxation,and to adopt different rates and different methods for different classes of such property.

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 Constitutibn of the State of Georgia, the roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Messrs-~

Adams

Bland

Cobb

Almand of Fulton Blease

Cohen

Almand of Walton Bloodworth

Coleman

Anderson

Bradley

Culpepper of Echols

Ansley of DeKalb Brinson

Culpepper of Fay-

Ansley of Lee Brisendine

ette

Arnall

Brooks

Deal

Atwood

Brown of Greene Dean

Bannister

Brown of Pike Dobbins

Bargeron

Burgin

Dorris

Barnard

Bush

Douglass

Barrett

Camp

Durden

Batchelor

Campbell

Dyer

Bennett Bond

Caswell Claxton

of

cam-

Edwards Edwards

of of

Lowndes Stephens

Booth

den

Etheridge

Bowden

Clements of Felton

Black

Wheeler

Flynt

TuESDAY, jANUARY 29, 1935.

737

Fowler

Lewis

Freeman of Bibb Lindsay

Freeman of Early McBride

Gammage Gardner Garrett Gilbert Gnann Goolsby Grayson Green

McCracken McCranie IicGraw McKelvey IicNall Mallory Mann

Griffin of Floyd I1anning

Groover

Marshall

Groves

Martin

Guess

Iii lam

Hannnock

Minchew

Hampton

Mitchell of La-

Harris

mar

Harrison

11oore of Clay-

Hartsfield

ton

Herndon

Moore or Haral-

Head

son

Hefner

Morris

Henderson

Iioye

Hogan

Mundy

Hogg

Musgrove

Hooks

Neal

Horton

Newby

Howard of Chat- Oden

tahoochee

Parham

Howard of Screv- Parker of Col-

en

quitt

Jackson of Bleck-Parker of Union

ley

Parks

Joel

Parr

Johnson

Patten of Cook

Johnston

Patten of Tift

Jones of Brantley Peebles

Jones of Lumpkin Peek

Kelley

Pound

Lanier

Preston of Bul-

Lee

loch

Leonard of Walk- Preston of Wal-

er Lewallen

ton Ramsey

Rawlins Ray Ross Sabados Sammon Sartain Scruggs Settle Shedd Shirah Smith of Madison Smith of Webster Spivey Standard Stephens Sutton Swindle Teasley Terrell of Hall Terrell of Troup Terrell of Wa'rren Thompson Thrasher Tipton Toms Townsend Twitty Watkins Watson Weathers Weeks Welsch Whaley Whitmire Williams of Bacon Williams of Coffee Williams of Jack-
son Williams of Jones Willingham Wilson Woods Wrench
Young
Zellner

738

JouRNAL OF THE HousE,

Those voting in the negative were Messrs.:

Benton

Jackson ot Hab- Perry

Hand

ersham

Peters

Houston

Mills

~See Appendix,Volume !,tor those not voting.

By unanimous consent, the verification or the roll

call was dispensed with.

On the passage or the bill, as amended, the ayes were 174, nays 7.

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

By unanimous consent, the bill was inwediately transmitted to the Senate.

Mr. Harris or Richmond moved that the House do now adjourn, and the motion prevailed.

Leaves or absence were granted to Messrs. williams of Jackson, Welsch or Cobb, Davis or Troup, and Reagan of Henry.

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

WEDNESDAY, }ANL"ARY 30, 1933.

739

Representative Hall, Atlanta, Ga.

Wednesday, January 30, 1935.

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

Camp

Edwards of Stephens

Allen

Campbell

Ennis

Almand of Fulton Caswell

Etheridge

Almand of Walton Claxton of Cam- Felton

Anderson

den

Flynt

Ansley of DeKalb Claxton Of John- Fowler

Ansley of Lee son

Freeman Of Bibb

Arnall

Clements of Cal- Freeman of Early

Atwood

houn

Gammage

Bannister

Clements of

Gardner

Bargeron

Wheeler

Garrett

Barnard

Cobb

Gavin

Barrett

Cohen

Gilbert

Batchelor

Coleman

Gnann

Bennett

Coxon

Goolsby

Benton

Culpepper of Ec- Grayson

Bond

hols

Green

Booth

Culpepper of Griffin of Decatur

Bowden

Fayette

Griffin Of Floyd

Black

Darnell

Groover

Bland

Daughtry

Groves

Blease

Davis of Troup Guess

Bloodworth

Deal

Hammock

Bradley

Dean

Hampton

Brinson

DeLoach

Hand

Brisendine

Dobbins

Harris

Brooks

Dorris

Harrison

Brown of Glynn Douglass

Hartsfield

Brown of Greene Durden

Herndon

Brown of Pike Dyer

Head

Burgin

Edwards of

Hefner

Bush

Lowndes

Henderson

740

JouRNAL oF THE HousE,

Hogan

Mills

Scruggs

Hogg

Minchew

Settle

Holland

Mitchell of La- Shedd

Hooks

mar

Shirah

Horton

Mitchell of Tal- Smith of Madison

Houston

iaferro

Smith of Webster

Howard of Chat- Moore of Clay- Spivey

tahoochee

ton

Standard

Howard of Screv- Moore of Haral- Stephens

en

son

Sutton

Jackson of

Morris

Swann

Blackley

Moye

Swindle

Jackson of Hab- Mundy

Teasley

ersham

Musgrove

Terrell of Hall

Joel

Neal

Terrell of Troup

Johnson

Newby

Terrell of Warren

Johnston

Oden

Thompson

Jones of Brant- Parham

Thrasher

ley

Parker of Col- Tipton

Jones of Lump- quitt

Toms

kin

Parker of Union Townsend

Kelley

Parks

Twitty

Lanier

Parr

Warnell

Lee

Patten of Cook Watkins

Leonard of Mus- Patten of Tift Watson

cogee

Peebles

Weathers

Leonard of Walk- Peek

Weeks

er

Perry

Welsch

Lewallen

Peters

West

Lewis

Pound

Whaley

Lindsay

Preston of Bul- Whitmire

McBride

loch

Williams of Bacon

McCracken

Preston of Wal- Williams of Cof-

McCranie

ton

fee

McCutchen

Ramsey

Williams of Jack-

McGraw

Rawlins

son

McKelvey

Ray

Williams of Jones

McNall

Ross

Willingham

Mallory

Sabados

Wilson

MMaannnning

Salter

WWoreondsch

Marshall

Sammon

Young

Martin

Sartain

Zellner

Milam

Mr.Speaker

~See Appendix,Volume !,tor absentees.

WEDNESDAY, jANUARY 30, 1935.

741

Mr. Preston o:r Bulloch, Chairman o:r the Comm.ittee on Journals, reported that the Journal of yesterdayts proceedings had been read and :round correct.

By unanimous consent, the reading or the Journal or yesterdayts proceedings was dispensed with.

The Journal was confirmed.



By unanimous consent,the :following was established as the order o:r business during the :first part o:r the period or unanimous consents:
1. Introduction o:r bills and resolutions under the Rules o:r the House.
2. Reports o:r Standing Committees. 3. Second reading or bills and resolutions,:ravor-
ably reported. 4. Third reading and passage o:r local uncontested
House Bills. 5. First reading and reference o:r Senate bills. 6. Third reading and passage or House Bill No.l27,
a general bill with local application,applying only to the Tifton Judicial Circuit.

By unanimous consent, the :following bills and resolution or the House were introduced,read the :first time, and referred to the Committees:

By Mr. Culpepper ot Fayette. House Bill No. 431. A bill to be entitled an Act
to adopt the code known as the Code or Georgia o:r 1933,and tor other purposes.

Referred to Committee on Special Judiciary. By Messrs. Ramsey,Harts:rield and Almand of Fulton.
House Bill No. 432. A bill to be entitled an Act

742

JouRNAL o THE HousE,

to create a Bureau of Boiler Inspection,and for other purposes.

Referred to Commdttee on Ways and Means.

By Messrs. Standard of Wilcox, Thrasher of Turner

and Lee of Pulaski.



House Bill No. 433. A bill to be entitled an Act to increase the mileage of the State Aid Road Sys-

tem by adding mileage in Pulaski and Turner Coun-

ties,and for other purposes.

Referred to Committee on PUblic Highways No. 1.

By Messrs. west and Terrell of Hall and Whitmire of Dawson.
House Bill No. 434. A bill to be entitled an Act to increase the mileage of the State Aid Road System ey-add1ng mileage in Hall and Dawson Counties, and for other purposes.

Referred to Committee on PUblic Highways No. 2.

By Messrs. Terrell and West of Hall. House Bill No. 435. A bill to be entitled an Act
to amend sub-section 1 of Section 3931 of 1910 Code, and for other purposes.

Referred to Committee on General Judiciary No. 2.

By Mr. McKelvey of Gwinnett. House Bill No. 436. A bill to be entitled an Act
to abolish the offices of tax receiver and tax collector of Gwinnett County; to create the office ot

WEDNESDAY, jANUARY 30, 193:>.

743

tax commissioner, and for other purposes.

Referred to Committee on Counties and County Matters.

By Messrs. Camp and Garrett of carroll. House Bill No. 437. A bill to be entitled an Act
to amend the act of 193l,page 405, so as to fix the compensation of clerical help and expenses for the tax commissioner of carroll County.

Referred to Committee on Counties and County Matters.

By Mr. Fowler of Treutlen. House Bill No. 438. A bill to be entitled an Act to
create a Board of Commissioners of Roads and Revenue for Treutlen County,and for other purposes.

Referred to Committee on Counties and County Matters.

By Messrs. Mitchell of Taliaferro and Sutton of Wilkes.
House Bill No. 439. A bill to be entitled ari Act to amend an Act to authorize the state Commission of Forestry and Geological Development to establish State Parks, and for other purposes.

Referred to Committee on Conservation.

By Messrs. Guess of DeKalb, Arnall of Coweta and Culpepper of Fayette.
House Bill No. 440. A bill to be entitled an Act to provide bail and security in cases involving a

744

JouRNAL or THE HousE,

violation of motor vehicle laws, and for other purposes.

Referred to Committee on General Judiciary No. 1.

By l"'essrs. Arnall and Dyer of Coweta. House Resolution No. 82-440a. A resolution desig-
nating the official Jefferson Davis Hi~1way in Georgia,and for other purposes.

Referred to Committee on Public Highways No.2.

By l"'r. Kelly of Elbert. House Bill No. 441. A bill to be entitled anAct
to amend an Act so as to permit the use of baskets and seines in Elbert County,and for other purposes.

Referred to Committee on Game and Fish.

By Nessrs. Milam and Flynt of Spalding. House Bill No. 442. A bill to. be entitled an Act
to repeal certain sections of 1933 code relative to the payment of commutation tax, and for other purposes.

Referred to Committee on Ways and Means.

11r. Hhi tmire of Dawson County, Chairman of the Committee on Academy for the Blind, submitted the following report:

Mr. Speaker: Your Committee on Academy for the Blind have had
under consideration the following bill of the House

\YEDNESDAY, JANCARY 30, HU.).

745

a~.d have instructed me as Chainnan, to report the same back to the House with the following recommendation:
House Bill No. 422, do pass. Respectfully submitted, Whitmire of Dawson, Chairman.
Mr. Howard of Screven County,Chairman of the Committee on Education No. l,submitted the following report: Mr. Speaker:
Your Committee on EducationNo. 1 have had under. consideration the following bill of the House and have instructed me as Cha1rman,to report the same back to the House with the following recommendation:
House Bill No. 377, do pass.

Respectfully submitted, Howard of screven, Chairman.

I1r. Dorris of Crisp "county, Chairman of the Committee on General Judiciary No. 2, submitted the following report: Mr. Speal(er:
Your committee on General Judiciary No. 2 have had under consideration the following bills of the House

746

JouRNAL oF THE HousE,

and have instructed me as Chairman, to report tlle same back to the House with the following recommendations:

House Bill No. 84, do pass. House Bill No. 85, do pass as amended. House Bill No. 12l,do pass as amended.
Respectfully submitted, Dorris of Crisp, Chairman.
Dr. Chas. W. Peek of Polk County, Chairman of the Committee on Hygiene and Sanitation,submitted the following report: I1r. Speaker:
Your Committee on Hygiene and canitation have had under consideration the following bills of the House ai.td have instructed me as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 312, do pass. House Bill No. 253, do pass. House Bill No. 365, do pass by substitute. House Bill No. 366, do pass by substitute. House Bill No. 252, do pass. House Bill No. 340, do pass. House Bill No. 183, do not pass.
Respectfully submitted, Peek of Polk, Chairman.
Mr. Henderson of Irwin County, Chairman of the Committee on Pensions, submitted the following report: Mr. Speaker:
Your Committee on Pensions have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back

WEDNESDAY, jANUARY 30, 1935.

747

to the House with the following recomrnendations: House Bill No. 39, do pass. House Bill No. 359, do pass. RespectfullY submitted, . Henderson of Irwin, Chairman. Mr. Manning of Cobb County, Chairman of the Com-
mittee on Public Highways No. l,submitted the following report: Mr. Speaker:
Your Corrnnittee on Public Highways No. 1 have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendation:
House Bill No. 334, do pass. Respectfully submitted, Manning of Cobb, Chairman.
Mr. Terrell of Troup County, Chairman of the Committee on Special Approprlations,submitted the following report: Mr. Speaker:
Your Committee on Special Appropriations have had under consideration the following resolution of the House and have instructed me as Chairman,to report the same back to the House with the following recommendation:
House Resolution No. 77-405b, do pass. Respectfully submitted, Terrell of Troup, Chairman.

748

JouRNAL oF THE HousE,

Mr. Grayson of Chatham County, Chairman of the Committee on Special Judiciary, submitted the following report: Mr. Speaker:
Your Committee on Spectal Judiciary have had under consideration the following bills and resolutions of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
House Bills Nos. 123 and 280, do pass. House Resolutions Nos.l7-36a,and l6-35a,do pass.
Respectfully submitted, Grayson of Chatham, Chairman.
By unanimous consent, the following bills and resolutions of the House, favorably reported, were read the second time: By Messrs. Arnall and Dyer of Coweta.
House Resolution No. l6-35a. A resolution to relieve A.L. Fuller as surety on forfeited recognizance, and for other purposes. By Messrs. Arnall and Dyer of Coweta.
House Resolution No. 17-36a. A resolution to relieve T.G.Farmer, Jr. as county administrator from payment of interest to estate of George Lee, and for other purposes. By Messrs. Groves of Lincoln and Sutton of Wilkes.
House Bill No. 39. A bill to be entitled an Act to amend the Constitution so as to provide for widows o1 ex-confederate Soldiers, who married prior to January 1, 1910, to draw pensions,and for other purposes, By Mr. Claxton of Johnson.
House Bill No. 84. A bill to be entitled an Act to amend Section 27-1505, Chapter 27 of 1933 Code,and for other purposes.

WEDNESDAY, jANUARY 30, 1935.

749

By 1-1essrs. Claxton of Jolmson, Willingham, Griffin and Anderson of Floyd.
House Bill No. 85. A bill to be entitled an Act to amend the 1933 code so as to provide that Judges of the Superior Court might open their courts without presence of either grand or traverse jurors to receive pleas of guilty, and for other purposes. By Mr. Almand of Fulton.
House Bill No. 121. A bill to be entitled an Act to amend the Act of 1916, page 154, so as to increase the penalty for larceny of any automobile,and for other purposes. By Mr. Smith of Madison.
House Bill No. 123. A bill to abolish the city court of ~~dison County, and for other purposes. By Mr. Weeks of Colwnbia.
House Bill No. 252. A bill to be entitled an Act to forbid indecency in dress in bathing in public places, and for other purposes. By Mr. Weeks of Columbia.
House Bill No. 253. A bill to be entitled an Act to define, prevent, prohibit the formation of Nudist colonies in Georgia, and for other purposes. By Messrs. Cohen and McNall of Chatham.
House Bill No. 280. A bill to be entitled an Act to amend the Act creating the Georgia Board of Pharmacy, and for other purposes. By Mr. Wrench of Charlton.
House Bill No. 312. A bill to be entitled an Act to amend the 1933 Code relative to hotels and im1s, so as to provide that tourist camps, lodging houses or other places shall keep a register of guests,and for other purposes. By Messrs. Welsch and Manning of Cobb.
House Bill No. 334. A bill to be entitled an Act to amend the Traylor-Neill Act so as to add additional mileage in Cobb County,and for other purposes.

750

JouRNAL oF THE HousE,

By Mr. Garrett of Carroll. House Bill No. 340. A bill to be entitled an Act
to prevent the spread of hydrophobia, or rabies, and for other purposes.

By Messrs. Groves of Lincoln and 8utton of Wilkes. House Bill No. 359. A bill to be entitled an Act
to provide for payment of past due pensions, and for other purposes.

By Nessrs. Hoods of Emanuel and Douglass of Talbot. House Bill No. 365. A bill to be entitled an Act
to amend the narcotic act so as to include barbit~ ric acid,and for other purposes.

By Messrs. Woods of Emanuel and Douglass of Talbot. House Bill No.366. A bill to be entitled an Act
to amend the Act establishing the Georgia Board of Pharmacy, and for other purposes.

By Messrs. /msley, Guess and Lindsay of DeKalb. House Bill No. 377. A bill to be entitled an Act
to protect students from fire hazard,and for other purposes.

By Mr. Hartsfield of Fulton.

House Resolution No. 77-405b. A resolution au-

thorizing the payment of $2500 to Robert Coleman,

and for other purposes.



By Messrs. Terrell,Groover and Davis of Troup. House Bill No. 422. A bill to be entitled an Act
to provide employment and training for blind persons.

By unanimous consent, the following bills of the House were read the third time and placed upon their passage:

By Mr. Atwood of Mcintosh. House Bill No. 45. A bill to be entitled an Act
to regulate the hunting of marsh hens in Mcintosh County, and for other purposes.

WEDNESDAY, }ANl:ARY 30, 1935.

751

The report 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. Atwood of Mcintosh. House Bill No. 46. A bill to be entitled an Act
to amend an Act permitting the taking of catfish in Mcintosh County, and for other purposes.

The report of the Co~~ittee, which was favorable to the passage of the bill, was agreed to.

On nays

ot h. e

passage

of

the

bill,

the

ayes

were

119,

The bill having rece~ved the requisite constitutional majority was passed.

By Mr. WilliamE of Bacon. House Bill No. 66. A bill to be entitled an Act
to amend an Act to abolish the office of Treasurer of Bacon County, and for other purposes.

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

On nays

ot h. e

passage

of

the

bill,

the

ayes

were

118,

The bill having received the requisite constitutional majority was passed.

By Mr. Williams of Bacon. House Bill No. 67. A bill to be entitled an Act to
reduce the official bond of the Sheriff of Bacon County, and for other purposes.

The report of the Com~ittee,which was favorable to the passage of the bill,was agreed to.

752

JouRNAL oF THE HousE,

On the passage of the bill, the ayes were 117, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr.Douglass of Talbot. House Bill No. 73. A blll to be entitled an Act to
reduce the bond of the Sheriff of Talbot County,and for other purposes.

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

On nays

toh. e

passage

of

the

bill,

the

ayes

were

116,

The bill having received the requisite constitutional majority was passed.

By Mr. Parker of Union. House Bill No. 82. A bill to be entitled an Act to
repeal an Act to abolish the office of County Treasurer of Union County,and for other purposes.

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

On the passage of the bill, the ayes were 116, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Morris of Douglas. House Bill No. 89. A bill to be entitled an Act to
abolish the offices of tax receiver and tax collector of Douglas County; to create the office of County Tax Commissioner, and for other purposes.

The report of the Com~ittee,which was favorable to the passage of the bill, was agreed to.

On the passage of the bill,the ayes were 115,nays ~

WEDNESDAY, jANUARY 30, 1935.

753

The bill having received the requisite constitutional majority was passed.

By Mr. Oden of Pierce. House Bill No. 110. A bill to be entitled an Act
to amend an Act to provide and establish a Charter for the City of Blackshear, and for other purposes.

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

On nays

ot h. e

passage

of

the

bill,

the

ayes

were

114,

The bi~l having received the requisite constitutional majority was passed.

By Mr. Oden of Pierce. House Bill No.lll. A bill to be entitled an Act to
amend an Act requiring the Chairman of the Board of Commissioners of Pierce County to live in the City of Blackshear, and for other purposes.

The report 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. Warnell of Bryan. House Bill No. 112. A bill to be entitled an Act
to authorize the tax collecting officers of Bryan County to collect delinquent taxes by le~J and sale in the same manner as sheriffs are now authorized to collect the same, and for other purposes.

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

On the passage of the bill, the ayes were 112,
nays o.

754

JouRNAL oF THE HousE,

The bill having received the requisite constitutional majority was passed.

By Mr. Warnell of Bryan. House Bill No. 113. A bill to be entitled an Act
to amend an Act creating a Board of Commissioners of Roads and Revenues or ~ryan County,and for other purposes.

The following substitute was read and adopted:

By Mr. Warnell of Bryan.

A BILL

TO BE ENTITLED AN ACT, to amend AN ACT, creating

a Board or Commissioners of Roads and Revenues for

the County of Bryan, approved July 19th, 1927, GEOR-

GIA LAWS, 1927, page 505 tc 510 inclusive, the pur-

pose or this Amendment to further define the duties,

powers,requirements,jurisdiction,responsibilities

and liabilities of the members or said Board; to

further provide for the election and selection or the

members thereof; to eliminate and discard the office

or the Clerk of said Board and in lieu thereof to

make the Ordinary or said County an ex-officio mem-

ber or the Board and the Chairman and Clerk thereof,

with the rights,privileges,duties and responsibili-

ties to vote on all questions,when necessary, and to

do and perform all other official duties,the same as

the other members of said Board,and in addition

thereto, to require said Ordinary to keep a full and

accurate record or actings and doings

al of

l

of sai

t d

he of Board

ficia and

l d

transactio ischarging

nasl1 l

other official duties formerly encumbent upon the

Clerk thereof and providing for and limiting the

amount of his compensation;providing for the elec-

tion and selection of a PURCHASING AGDJT for said

County,prescribing,fixing and defining his duties,

powers,qualifications and responsibilities and deny-

ing and prohibiting any other member,or members,or

said Board,their agents,their servants,employees,co-

partners and associates,the right,power,privilege,or

authority,either directly,or indirectly,of buying,

selling,bartering,or otherwise acquiring,or dispos-

WEDNESD~Y, jANL'ARY 30, 1935.

755

ing of, for, to, on account and in behalf of,said County of Bryan any goods, chattels,wares,vouchers, county warrants,choses in action,lands,tenements,assets and any and all other properties of each and every kind, and not specifically enumerated herein; providing,prescribing and defining a method for the disposition and disbursement of all funds coming into the hands of said Board for said County and further providing for the summary removal from office of any member, or members, of said Board,violating any of the provisions of this ACT, as amended, and making such offending member, or members,subject to criminal prosecution therefor and if found guilty, fixing the penalty and punishment therefor,as for a misdemeanor; and to repeal all laws and parts of laws in conflict with the provisions of this Act,and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, and it is hereby enacted by the authority thereof, that from and after the passage of this ACT, an original ACT approved July 19th, 1927, embodied in GEORGIA LAWS OF 1927, pages 505 to 510 inclusive, therein Numbe~ed 32, and known as the ACT creating a Board of Commissioners of Roads and Revenues for the County of Bryan, shall be, and the same is hereby amended in the following manner, to wit:
SECTION 1. (a) Of said original ACT is amended by str1.king the word "CLERK" from the sixteenth (16th) line of said section and substituting in lieu thereof the word 11 CHAIRI1AN AND CLERK" and by striking the comma after word "THEREOF" in the sixteenth (16th) line of said section one (1), and substituting in lieu thereof a period, and-by striking the remaining part of said Section One (1) in its entirety. (b)Of said original ACT is amended by adding at the end of said section the following: "And that in all primaries, candidates seeking the nomination and election to membership on said Board shall be voted for in the following manner,to wit:

756

JouRNAL OF THE HousE,

Candidates seeking the nomination in said Primaries from District Number One (1) shall be voted for only by the qualified voters of the 19th G.M.district of said County of Bryan; Candidates seeking the nomination from District Number Two (2) shall be voted for only by the qualified voters of the twentieth (20th) G.M. District of said County of Bryan;Candidates seeking the nomination from District Number Three (3) shall be voted for only by the qualified voters of the Eleven Hundred and Thirty-seventh (1137th) G.M. district of said County of Bryan;Candidates seeking the nomination from District Number Four (4) shall be voted for only by the qualified voters of the Thirteen Hundred and Eightieth (1380th) G.M. District of said County of Bryan.
(c) Section 4 of said original ACT is amended by adding at the end of said section the following sentence1 to wit :
"The bond herein specified and required shall be signed by some reputable,legally qualified and solvent surety company, and the premium,or premiums,required therefor, to be paid for by the County Treasurer of Bryan County on warrants drawn on the proper and legal funds for this purpose."
(d) Section 6 of said original ACT is amended by adding at the end of said section the following sentence, to wit:
"Provided,however,except as to the compensation of the Chairman of said Board, as herein provided for, the total compensation of the other members of said Board shall in no event exceed in amount the sum of One Hundred and Twenty ($120.00) Dollars per annum for each member thereof.
(e) Section Eight (8) of said original ACT is amended by striking the word "CLERK" in the third (3rd) line of said section and substituting in lieu thereof the words "Chairman and Clerk11
(f) Section 9 of said original ACT is amended by striking the word 11 Clerk11 in the second (2nd) line of said Section, and substituting in lieu thereof

WEDNESDAY, jANUARY 30, 1935.

757

the words "Chairman and Clerk". (g) Section 12 or said original ACT is amended by
adding at the end or said section the following sentence, to wit:
"Provided,however,that the examiner,or auditor in this section herein before referred to and provided, shall be designated,named and appointed by the Judge ot the Superior Court ot said County or Bryan and his successor, or successors, in ottice."
(h) Section 15 or said original ACT is amended by striking words:-"the remaining members" from the third (3rd) line or said section and substituting in lieu thereof, the following:- "The Judge ot the Superior Court or said County ot Bryan and his successor, or successors, in ottice"and by adding at the end or said section the tollowing:"provided the person or persons so appointed shall be a qualified citizen, residing in the Road District to which he is appointed to serve."
(i) Section 18 of said original ACT is amended by adding at the end thereof the following:-"Provided however, in the employment ot Counsel, as authorized and referred to in said Section, the said Board of Commissioners of Roads and Revenues are hereby required to select and employ a member or the local Bar, who must have resided in said County of Bryan tor a period or six (6) months next before the date ot his employment; and in the event or the removal ot said attorney from said County, or his dismissal, tor any cause, pending his contract or employment, then,and under those circumstances,said Contract of employment shall automatically thereupon be terminated, and said attorney shall receive compensation only tor such proportionate period or time as he actuallY served under his said contract of employment." And in the event or no qualified attorney in said County, then employ some attorney from Atlantic Circuit.
(j) Section 10. So that, when all or the foregoing and above enumerated Sections or said original ACT are thus amended, the said amended sections or said

?58

JouRNAL oF THE HousE,

ACT will read as tollows, to wit: SECTION 1.
Be it enacted by the General Assembly ot Georgia, and it is hereby enacted by the authority ot the same, that trom and attar the tirst day January, 1928, and atter the qualification ot the members hereinafter named,there is created a Board ot Commissioners ot Roads and Revenues ot Bryan County, which shall consist ot tive (5) members, namely:- G.M.Edwards trom the 19th District ot G.M. who shall serve until the 1st dayot January, 1929; Lewis C.Gill trom the 20th District G.M. who shall serve until 1st day ot January, 1929; A.M. Cason trom the 113?th District G.M. who shall serve until the 1st day January 19~lj J.C. Stubbs trom the 1380th District G.M. who snail serve until the 1st day or January, 1931; and the Ordinary ot the County ot Bryan who shall be, together with his successors in ottice, a member ex-otticio ot said Board and the Chairman and Clerk thereot.
SECTION 2. Be it turther enacted by the authority aforesaid that said County ot Bryan shall be divided into tour (4) Road Districts, to be designated as One (l),Two (2), Three (3) and Four (4) and each or said Road Districts shall be entitled to one Comm1ssioner,residing 1n the jurisdiction ot the District and its representative on said Board, and District Number One (1) shall embrace the 19th District G.M. District Number Two (2) shall embrace the 20th District G.M. District Number Three (3) shall embrace the 113?th District G.M.; and District Number Four (4) shall embrace the 1380th District G.M.
SECTION 3. And in all primary elections, the candidates seeking the nomination and election to membership on said Board shall be voted tor in the following manner, to wit:- Candidates seeking the nomination trom

WEDNESDAY, }ANUARY 30, 1935.

759

District Number One (1) shall be voted tor only by the qualified voters ot the 19th District G.M.;Candidates seeking the nomination !rom District Number Two {2) shall be voted tor only by the qualified voters ot the 20th District G.M.; Candidates seeking the nomination !rom District Number Three (3) shall be voted for only by the qualified voters ot the 1137th District G.M. and Candidates seeking the nomination !rom District Number Four (4) shall be voted tor only by the qualified voters ot the 1380th District G.M.
SECTION 4. Be it further enacted by the authority aforesaid, that said Commissioners shall each, before entering upon their duties, be commissioned by the Governor, make a good and sufficient surety bond in the sum ot Five Thousand ($5,000.00) Dollars each,and take and subscribe to an oath to faithfully perform the duties or their office and account tor all moneys . coming into their hands,as such Commissioners, said Bond to be payable to the Ordinary ot Bryan County and his successors in office and the oath subscribed before him and each recorded in his office. "The bond herein specified and required shall be signed by some reputable,legally qualified and solvent surety company, and the prem1mn, or premimns,required therefor, to be paid tor by the County Treasurer of Bryan County on warrants drawn on the proper and legal funds tor this purpose."
SECTION 5. Be it further enacted by the authority aforesaid, that said Board shall hold its regular sessions on the first Tuesday in every month at the County Site, and shall receive the smn ot Five ($5.00) Dollars tor every day tor such meetings; and on other occassions than a regular meeting on the First Tuesday, they shall receive the sum of Five ($5.00) Dollars per diem, upon statements, showing the date or such meeting, tor what purpose convened and upon what matter.

760

JouRNAL oF THE HousE,

Provided however, except as to the compensation or the Chairman and Clerk or said Board, as herein provided tor, the other members thereof shall in no event exceed in amount the sum of One Hundred and Twenty ($120.00) Dollars per annum for each member thereof.
SECTION 6. Be it further enacted by ~he authority aforesaid that the Ordinary or the County of Bryan, who shall
be ex-officio a member of said Board and the Chair-
man and Clerk thereof, shall keep an accurate and minute record of all proceedings of the BoardJall
contracts made, all bills paid, and ant and a~l act-
ings and doings or the Board, which records shall be kept in a well bound book, which at all times shall be open and subject to public inspection.
SECTION 7. Be it further enacted by the authority aforesaid that the Chairman and Clerk of said Board shall receive a monthly salary or Twenty-five ($25.00) Dollars per month and all necessary trave11ng expenses whether in or out ot the County on account of County business, stationery,stamps,books,etc.
SECTION 8. Be it further enacted by the authority aforesaid, that said Board of Co~ssioners shall have original and exclusive jurisdiction over the following subject matters,to wit:- in directing and controlling all County property of said County of Bryan, as they may deem expedient, according to law, including the County jail and Court-House; in levying a general tax for general purposes and a special tax tor special purposes, according to law, and over all roads, as aforesaid; in establishing and changing election precincts and militia districts; in examining and allowing, according to law, all claims that may arise against the County; in examining and auditing, or the hiring or an examiner, or auditor, or

WEDNESDAY, jANUARY 30, 1935.

761

the accounts and records or all officers,having the care,management,keeping,collecting,or disbursing of moneys belonging to the County, or appropriated for its benefit, or use, and bringing them to a settlement;in making rules and regulations according to law, for the support of the poor or the County, for the promotion of health, as are granted by law; also to do all and singular other acts devolving upon the office, said Board of Commissioners having full and complete charge of County affairs and to exercise all power over roads and revenues under the laws of this State, as given to the Ordinaries in Counties where there are no Commissioners of Roads and Revenues. Provided however, that the examiner, or auditor,in this section herein before referred to and provided tor, shall be designated,named and appointed by the Judge or the Superior Court of said County of Bryan and his successor, or successors, in office.
SECTION 9. Be it further enacted by the authority aforesaid, that in case of a vacancy on said Board by death, resignation,or otherwise,the Judge or the Superior Court in said County or Bryan and his successor,or successors in office shall immediately appoint a successor who shall and must possess the qualifications for holding said office hereinbefore stated, and who shall qualify by taking the oath and giving the bond as hereinbefore prov1ded,and who shall hold office until the next election, at which election the successor of the member causing the vacancy shall be elected provided the person or persons so appointed shall be a qualified citizen, residing in the Road District to which he is appotnted to serve.
SECTION 10. Be it further enacted by the authority aforesaid, that said Board of Commissioners shall have, and are hereby invested with, the authority to employ Counsel and pay for sUch service out of the pro~er fund of the County in the sum or Three Hundred ($300.00) Dollars per annum.

762

JouRNAL or THE HousE,

Provided however, in the employment of Counsel,as by this Section herein authorized and referred to, the said Board of Commissioners of Roads and Revenues shall select and employ a lawyer,who is a resident of said County of Bryan and a practicing attorney thereof, and who must have resided in said County for a period of not less than six (6) months next before the date of said contract of employment; and in the event of the removal of said attorney trom said County,or his disqualification for any cause, pending the duration and life of said contract ot employment, then, and under such eventuality,the said contract of employment shall automatically thereupon be terminated and said attorney shall receive compensation only for such proportionate period of time,as he actually served under his said contract of employment,provided a qualified attorney resides in the County Who will accept employment, and if no qualified attorney resident of said County can be secured then the Judge of the Superior Court of Bryan County may appoint some non-resident attorney who will accept employment and who resides in the Atlantic Circuit.
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 said original ACT be and the same is hereby further amended, by striking Section 19 (the repealing Section) therefrom and adding after Section 18 of said Act, the following appropriately numbered Sections, to wit:
SECTION 11. Be it enacted by the authority aforesaid, that from and after the passage of the Act, as amended, that W.R. Clanton, a member of said Board ot Commissioners of Roads and Revenues, shall bet and he is hereby, made the Purchasing Agent .of sa1d Board tor and on behalf of the said County of Bryan,during his present tenure of office, as a member of said Board and at the expiration of his present term of office,the said Board of Commissioners of Roads and Revenues shall immediately thereafter and thereupon, by a

WEDNESDAY, jANUARY 30, 1935.

763

majority vote or its body, elect one or its members, as Purchasing Agent to succeed the said W.R. Clanton, which member, so elected, shall discharge the duties and responsibilities ot this trust, as herein provided, during his tenure and term ot office, as a member or said Board,Provided however, that it by reason ot death, resignation,removal trom the County, or tor any o~her cause, a vacancy should occur in the position of such purchasing Agent, the said Board shall immediately thereupon elect from among its membership in the manner above indicated,a successor to till such vacancy, who shall hold and discharge the duties and responsibilities ot such Purchasing Agent during his tenure and term of office, as a member ot said Board, unless removed for cause as hereinafter prescribed.
The said Purchasing Agent shall be invested with the sole right,power,authority,duty and responsibility, to honestly,fairly,econom1cally and faithfully make all purchases and sales of all goods,chattels and properties ot each and every description tor and on account ot said County of Bryan, always obtaining the highest and best prices available for all sales and the lowest and best prices for all purchases made by him tor said County; he shall be required to keep a full, complete, accurate and itemized record or all such purchases and sales,giv1ng the dates ot same and the names and addresses ot the persons,firms,or corporations,with whom said transactions were had; said Purchasing Agent is expressly hereby prohibited trom accepting, or receiving,either directly,or indirectly, tor himself, his agents,servants,employees,co-partners,associates,or for any other person,or persons, either for him,or them,any discounts,rebates,bonusesl or other things of value,in making said purchases ana sales,except such legitimate discounts,rebates and bonuses,or other things of value as may be given directly to said County ot Bryan and these be made to appear in the itemized records hereinbefore provided for and referred to; and it is further expressly provided,that all or the other and remaining members ot said Board of Commissioners ot Roads and Revenues ot said County or Bryan,their agents,servants,employees,

764

JouRNAL oF THE HousE,

co-partners,associates,or any other person,or persons,t!rms,or corporations,ror,through and by them, are hereby expressly prohibited from making any purchases and sales,or from otherwise acquiring and disposing ot,either directly,or indirectly,any goods, chattels,wares,vouchers,County Warrants,choses in action,lands,tenements,assets and properties or each and every kind and nature,and not specifically enumerated herein,tor,rrom and on account or said County ot Bryan, or from in any wise, either directly or indirectly, participating in any such purchases and sales.a Provided nevertheless it is hereby declared to be the duty of said purchasing agent immediately upon making purchases or sales to report the same by original vouchers therefor to the Chairman and Clerk who shall preserve a record of the same.
SECTION 12. Be it further enacted by the authority aforesaid that from and after the passage or this ACT, as amended, that all monies and funds received by or coming into the hands and possession or said Board, or a member thereof tor and on account or said County or Bryan, shall be by them promptly paid over to the County Treasurer of said County and his receipt. taken therefor, which receipt shall be in an orderly manner filed away with the other records and archives or said Board and shall be kept open and subject to public inspection; and said monies and funds shall be paid out and disbursed by said Board only upon County Warrants, drawn by the Chairman and Clerk or said Board upon the Treasurer or said County.
SECTION 13. Be it further enacted by the authority aforesaid that from and after the passage of this ACT, as amended, that any member, or members or said Board ot Commissioners of Roads and Revenues or said County of Bryan,their agents,servants,employees,co-partners,or assoc1ates,violating any or the terms and provisions or this ACT, as amended shall upon complaint of any tax payer or said County to the Judge

WEDNESDAY, jANUARY 30, 1935.

765

or the Superior Court of Bryan County have his conduct inquired into by said Judge and if found to be violative of this ACT shall by order of the Judge be removed from office or the employment of said Board as the case may be and be subjected to crlminal indictment and prosecution,and if found and adjudged to be guilty, be punished,as for a misdemeanor.

SECTION 14.

Be it further enacted by the authority aforesaid, that from and after the passage of this ACT, as amended, that the Ordinary of said County of Bryan, who is herein and hereby made a member of said Board of Commissioners of Roads and Revenues for said County, and the Chairman and Clerk thereof, shall be eligible and required to vote on all questions,coming before said Board,when necessary, the same as the other members thereof.

SECTION 15.

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 from and after the passage of this ACT, as amended, all laws, or parts of laws, in conflict with any of the provisions hereof, shall be, and the same are, hereby repealed.

The report or the Committee, which was favorable to the passage of the bill, was agreed to,by substitute.

On were

the 111,

pnaassyasgeo.

of

the

bill,

by

substitute,the

ayes

The bill having received the requisite constitutional majority was passed by substitute.

By I1r. Warnell o! Bryan. House Bill No. 114. A bill to be entitled an Act
to require certain officers of Bryan County to furnish and give bond, and for other purposes.

766

JouRNAL OF THE HousE,

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

On
nays

oth. e

passage

of

the

bill,

the

ayes

were

110,

The bill having received the requisite constitutional majority was passed.

By Mr. Howard of Screven. House Bill No. 135. A bill to be entitled an Act
to fix the amount of the bond of the Sheriff of Screven County, and for other purposes.

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

On nays

oth. e

passage

of

the

bill,

the

ayes

were

125,

The bill having received the requisite constitutional majority was passed.

By Mr. Sutton of Wilkes. House Bill No. 179. A bill to be entitled an Act
to amend the Charter of the City of Washington,and for other purposes.

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

On nays

toh. e

passage

of

the

bill,

the

ayes

were

140,

The bill having received the requisite constitutional majority was passed.

By Mr. Leonard of Walker.

.

House Bill No. 148. A bill to be entitled an Act

to amend an Act to abolish the Board of Commission-

ers of Roads and Revenues of Walker County, and cre-

ate a new Board, and for other purposes.

The report of the Committee, which was favor~ble

WEDNESDAY, JANUARY 30, 1935.

767

to the passage of the bill, was agreed to.

On nays

toh. e

passage

of

the

bill,

the

ayes

were

122,

The bill having received the requisite constitutional majority was passed.

ByHMouessesrBs.ilGl rNayos. on263co. hAenbainldl

McNall of Chatham. to be entitled an Act

to amend the several Acts relating to and incorpor-

ating the Mayor and Aldermen of the City of Savan-

nah, and for other purposes.

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

On nays

oth. e

passage

of

the

bill,

the

ayes

were

115,

The bill having received the requisite constitutional majority was passed.

By Messrs. Coleman and Edwards of Lowndes. House Bill No. 210. A bill to be entitled an Act
to amend an Act to establish 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 nays

oth. e

passage

of

the

bill,

the

ayes

were

116,

The billhaving received the requisite constitutional majority was passed.

By Messrs. Camp and Garrett of Carroll. House Bill No. 222. A bill to be entitled an Act
to amend the Charter of the City of Villa Rica,and for other purposes.

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

768

JouRNAL oF THE HousE,

On nays

oth. e

passage

of

the

bill,

the

ayes

were

120,

The bill having received the requisite constitutional majority was passed.

By ~r. Salter of Baker. House Bill No. 255. A bill to be entitled an Act
to prohibit the assessing of road taxes in Baker County, and for other purposes.

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

On nays

ot h. e

passage

of

the

bill,

the

ayes

were

103,

The bill having received the requisite constitutional majority was passed.

By Mr. Hammock of Randolph.
House Bill No. 258. A bill to be entitled an Act to cre~te a Board of Commissioners of Roads and Revenues of Randolph 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 105,
nays o.

The bill having received the requisite constitutional majority was passed.

By Mr. Herndon of Hart. House Bill No. 264. A bill to be entitled an Act
to abolish the offices of tax receiver and tax collector of Hart County, and to create the office of County 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 106,
nays o.

WEDNESDAY, JANUARY 30, 1935.

769

The bill having received the requisite constitutional majority was passed.

By Mr. Hammock of Randolph. House Bill No. 269. A bill to be entitled an Act
to repeal an Act creating a Board of Commissioners of Roads and Revenues of Randolph County, and for other purposes.

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

On nays

oth. e

passage

of

the

bill,

the

ayes

were

107,

The bill having received the requisite constitutional majority was passed.

By Mr. Howard of Chattahoochee. House Bill No. 272. A bill to be entitled an Act
to abolish the offices of Tax Receiver and Tax Collector of Chattahoochee County, and to create the office of County Tax Commissioner, and for other purposes.

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

On nays

toh. e

passage

of

the

bill,

the

ayes

were

115,

The bill having received the requisite constitutional majority was passed.

By Mr. Claxton of Johnson. House Bill No. 274. A bill to be entitled an Act
to amend the Charter of the town of Kite, and for other purposes.

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

On nays

oth-. e

passage

of

the

bill,

the

ayes

were

120,

770

JouRNAL oF THE HousE,

The bill having received the requisite constitutional majority was passed.

By Mr. Hammock of Randolph. House Bill No. 287. A bill to be entitled an Act
to create a Comrrdssioner of Roads and Revenues for Randolph 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 o.

The bill having received the requisite constitutional majority was passed.

By Y~. Gavin of Clay. House Bill No. 292. A bill to be entitled an Act
to repeal an Act reducing the territorial limits of the town of Bluffton, and for other purposes.

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

On nays

ot h. e

passage

of

the

bill,

the

ayes were

150,

The bill having received the requisite constitutional majority was passed.

By Messrs. Garrett and Camp of Carroll. House Bill No. 299. A bill to be entitled an Act
to amend an Act establishing the public school system 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 nays

ot h. e

passage

of

the

bill,

the ayes

were

133,

The bill having received the requisite constitutional majority was passed.

WEDNESDAY, JANUARY 30, 1935.

771

By Mr. Whitmire of Dawson. House Bill No. 318. A bill to be entitled an Act
to repeal an Act creating a Board of Commissioners of Roads and Revenues of Dawson County, and for other purposes.

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

On nays

ot h. e

passage

of

the

bill,the

ayes

were

110,

The bill having received the requisite Constitutional majority was passed.

By Mr. Whitmire of Dawson. House Bill No. 319. A bill to be entitled an Act
to create a Commissioner of Roads and Revenues of Dawson 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 134, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Weeks of Columbia.
House Bill No. 351. A bill to be entitled an Act to amend an Act creating a new charter for the Town of Harlem, and for other purposes.

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

On nays

ot h. e

passage

of

the

bill,

the

ayes

were

110,

The bill having received the requisite constitutional majority was passed. By Messrs.Griffin and Mills of Decatur.
House Bill No. 367. A bill to be entitled an Act to create a Board of Commissioners of Roads and

772

JouRNAL oF THE HousE,

Revenues for 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 115, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Swann of Grady.
House Bill No. 370. A bill to be entitled an Act to amend the Act creating the office of Tax Commissioner 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 nays

oth. e

passage

of

the

bill,

the

ayes

were

115,

The bill having received ~he requisite constitutional majority was passed.

By Mr. Gardner of Candler.
House Bill No. 383. A bill to be entitled an Act to prescribe the qualifications of the Mayor and Council of the Town of Metter, and for other purposes.

The report of the Committee,whichwas favorable to the passage of the bill, was agreed to.

On nays

ot h. e

passage

of

the

bill,

the

ayes

were

125,

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:

WEDNESDAY, jANUARY 30, 1935.

773

By Senator Redwine of the 26th District. Senate Bill No. 6. A bill to be entitled an Act to
amend the Code of Georgia of 1933 by repealing Section 92-2309 and enacting a new section to provide for annual appropriations for refunds of income taxes illegally collected under said title.
Referred to Committee on State of Republic. By Senator Redwine of the 26th District.
Senate Bill No. 10. A bill to be entitled an Act to amend Section 95-1603, fixing the compensation of the Chairman of the State Highway Board; by amending Section 95-1604, fixing the compensation of the members of the State Highway Board.
Referred to Committee on Public Highways No. 2. By senators Atkinson of the lst District and Beasley of the 2nd District.
Senate Bill No.26. A bill to be entitled an Act to grant to the United States certain ungranted and reverted lands in Chatham County,and for other purposes.
Referred to Committee on State of Republic. By Senator Crawford of the 42nd District.
Senate Bill No. 33. A bill to be entitled an Act to amend an Act (Section 582 of Civil Code) by providing that county warrants legally issued and duly presented and not paid for want of funds shall bear interest at the legal rate from date of entry by tpe Treasurer; so as to provide that the rate of interest upon county warrants may be fixed by the governing authorities of the several counties of the state,and for other purposes.
Referred to Committee on Ways and Means.
By Senator Crawford of the 42nd District. Senate Bill No. 34. A bill to be entitled an Act
to authorize prosecuting officers to prefer accusations in felony cases returnable to the Superior

774

JouRNAL oF THE HousE,

Courts of this State, and for other purposes.

Referred to Committee on General Judiciary No. 1.

By unanimous consent, the following bill of the House, applying only to the Tifton Judicial Circuit, was read the third time, and placed upon its passage:

By Messrs. Patten of Tift, Houston of Worth, and others.
House Bill No. 127. A bill to be entitled an Act to change the time of holding the Superior Court in the Tifton Judicial Circuit, and for other purposes.

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

On nays

ot h. e

passage

of

the

bill,

the

ayes

were

124,

The bill having received the requisite constitutional majority was passed.

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

Mr. Speaker:

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

By Mr. Harris of Richmond. House Resolution No. 69. A resolution approving
the action of the Governor in suspendine the members of the Georgia Public Service Commission, and for other purposes.

The following resolution was read and adopted:

By Messrs. Morris of Douglas and Whitmire of Dawson. House Rasolution No. 83. A joint resolution of the
House and Senate, that the Agricultural Committees

\VEDNESDAY, JANL"ARY 30, 1935.

775

of the House and Senate are authorized and directed to hold a joint session or session for the purpose of investigating the cotton situation and for the interest or the cotton farmers, and the people of this State, and for other purposes.
By unanimous consent, the sub-committee appointed by the Speaker to consider House Bill No. 7, was granted additional time for further consideration or the bill, together with amendments and substitutes, and were instructed to report the same back to the House on Monday, February 4, immediately after the expiration of the period of unanimous consents.
The following resolution was read and referred to the Committee on Rules: By Messrs. Harris of Richmond, Spivey of Emanuel, Claxton of Johnson, Pound of Hancock, Claxton of Camden, Milam of Spalding, Rawlins of Ben Hill, and others.
House Resolution No. 84. A Resolution- Be it resolved by the House that House Bill No. 107 and House Bill No. 56 be set as a special and continuing order or business immediately following the period of unanimous consents on Thursday, January 31.
Under the Rules of the House, the following bills and resolutions of the Senate were taken up for consideration, and read the third time: By Senator Redwine of the 26th District.
Senate Bill No. 4. A bill to ~e entitled an Act to amend the Code of Georgia of 1933 so as to provide that the Commissioner of Agricuiture shall have and exercise the powers and duties now imposed by law upon the State Veterinarian, and for other purposes.
The House resolved itself into the Committee of the Whole House for the purpose of considering Senate Bill No. 4, and the Speaker designated Mr. Arnall of Coweta as the Chairman thereof.

776

JouRNAL OF THE HousE,

The Comndttee ot the Whole House arose and through its Chairman reported progress and asked leave to sit again.
Mr. Harris ot Richmond moved that the House recess until 2:00 o'clock, this afternoon, the motion prevailed, and the Speaker announced the House recessed until 2:00 o'clock.
2:00 o'clock,P.M. The Speaker called the House to order. The House again resolved itself into the Committee ot the Whole House tor the purpose ot considering Senate Bill No. 4, and the Speaker designated Mr. Arnall ot Coweta as the Chairman thereof. The Committee of the Whole House arose and through its Chairman reported that it had dispatched its business in regard to Senate Bill No. 4. The following minority report was read: The minority of the Committee on State ot Republic recommend that Senate Bill No. 4 do not pass and tile this minority report.
Parker ot Colquitt. Mr. Terrell ot Troup moved the previous question, the motion prevailed, and the main question was ordered. Mr. Lindsay ot DeKalb moved that Senate Bill No.4 be tabled. On the motion the ayes were 38, nays 111, and themotion was lost. The report ot the Committee, which was favorable to the passage ot the bill, was agreed to. On the passage ot the bill, Mr. Lindsay ot DeKalb

WEDNESDAY, jANUARY 30, 1933.

777

moved the ayes and nays, and the call was not sustained.

On the passage or the bill, the ayes were 124, nays 26.

The bill having received the requisite constitutional majority was passed.

Mr. Howard or Chattahoochee moved that the House do now adjourn, and the motion was lost.

By Senator Redwine of the 28th District.

Senate Resolution No. 8. A Resolution- Proposing

to the qualified voters or the State or Georgia,tor

ratification or rejection, an amendment to Article V,

Section I, Paragraph VIII of the Constitution of

Georgia, providing tor a Lieutenant-Governor, who

shall be President of the Senate, providing tor the

compensation or the Lieutenant-Governor; and provid-

ing tor his succession to the executive power in case

ot the death, resignation or disability or the Gov-

ernor.



Be it Resolved by the General Assembly of Georgia:

Section 1. That Article V, Section I, Paragraph VIII, ot the Constitution or Georgia, which provides tor the successor to the Governor, be and the same is hereby amended by striking all or said Paragraph VIII and inserting in lieu thereof, a new Paragraph to be Paragraph VIII ot Section I ot Article V, and to read as follows:

"Paragraph VIII. Lieutenant-Governor. Succession to executive power. There shall be a Lieutenant-Governor, who shall be elected at the same time, tor the same term, and in the same manner as the Governor. He shall be President or the Senate and shall receive the sum or $2,000.00 per annum. In case ot the death, resignation or disability or the Governor,the Lieutenant-Governor shall exercise the executive power and receive the compensation or the Governor until the next general election. at which a successor

778

JouRNAL oF THE HousE,

to the Governor shall be elected for the unexpired term; but if such death,resignation or disability shall occur within thirty days of the next general election, or if the term will expire within ninety days after the next general election, the Lieutenant-Governor shall exercise the executive power and receive the compensation of the Governor for the unexpired term. If the Lieutenant-Governor shall become a candidate for the unexpired term of the Governor he shall thereby resign his office as Lieutenant-Governor, effective upon the qualification of the Governor elected tor the unexpired termi and his successor for the unexpired term shall be e ectad at such election. In case of the death, resignation or disability of both the Governor and the LieutenantGovernor, the Speaker of the House ot Representatives shall exercise the executive power until the removal of the disability or the election and qualification ot a Governor at a special election, which shall be held within sixty days from the date on which the Speaker of the House ot Representatives shall assume the executive power."

Section 2. The foregoing amendment shall be pub-

lished in one or more newspapers in each Congres-

sional District of this State tor two months preced-

ing the next general election and at such election

shall be submitted to the qualified voters or the

State, qualified to vote tor members of the General

Assembly, tor ratification or rejection. The voters

voting in favor of the ratification of the amendment

shall have written or printed upon their ballots

"For ratification of the amendment to Article v,sec-

tion I, Paragraph VIII ot the Constitution ot Geor-

gia providing tor a Lieutenant -Governor, who shall

be President or the Senate, fixing his compensation

and providing for his succession to the executive

power in the event or the death, resignation, or

disability of the Governor". The voters voting

against the ratification of the amendment shall have

written or printed upon their ification of the amendment to

ballots, Article

v,"ASgeacintisotnraI,t-

Paragraph VIII, ot the Constitution ot Georgia,pro-

viding tor a Lieutenant-Governor, who shall be

WEDNESDAY, JANUARY 30, 1935.

779

President of the Senate, fixing his campensation,and providing for his succession to the executive power in the event of the death, resignation or disability of the Governor." If a majority of the qualified voters voting at said election shall vote in favor of the ratification of the amendment, the Governor shall make proclamation thereof, and the foregoing amendment shall become a part of the Constitution of the State of Georgia.

Mr. Sabados of Dougherty moved the previous question, and the motion prevailed.

The report of the Comm1ttee,wh1ch was favorable to the adoption of the resolution,was agreed to.
The resolution involving an ~en~ent to the Constitution of the State of Georgia,the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:

Adams

Brinson

Darnell

Allen

Brisendine

Daughtry

Almand of Fulton Brooks

Deal

Almand of Walton Brown of Glynn Dean

Anderson

Brown of Pike Dobbins

Ansley of DeKalb Bush

Dorris

Ansley of Lee Camp

Douglass

Arnall

Campbell

Durden

Atwood

Caswell

Dyer

Bannister

Claxton of Cam- Edwards of Lowndes

Bargeron

den

Edwards of Ste-

Barnard

Claxton of John- phens

Barrett

son

Etheridge

Batchelor

Clements of Cal- Felton

Bennett

houn

Flynt

Benton

Clements of

Fowler

Bond

Wheeler

Freeman of Bibb

Booth

Cobb

Gammage

Bowden

Cohen

Gardner

Black

Coleman

Garrett

Bland

Coxon

Gilbert

Blease

Culpepper of Ec- Gnann

Bloodworth

hols

Goolsby

Bradley

Culpepper of Fay- Grayson

ette

Green

780

JouRNAL oF THE HousE,

Griffin of De- McGraw

Sabados

catur

McKelvey

Sammon

Griffin of Floyd McNall

Sartain

Guess

Manning

Scruggs

Hammock

Marshall

Settle

Hampton

Martin

Shedd

Hand

Milam

Shirah

Harris

Mills

Smith of Madison

Harrison

Minchew

Smith of Webster

Hartsfield

Mitchell of Tal- Spivey

Herndon

iaferro

Standard

Head

Morris

Stephens

Hefner

Moye

Sutton

Henderson

MUndy

Swindle

Hogan

Musgrove

Teasley

Hogg

Neal

Terrell of Hall

Holland

Newby

Terrell of Troup

Howard of Chat- Oden

Terrell of War-

tahoochee

Parham

ren

Howard of Screven Parker of Col- Thompson

Jackson of Bleck- quitt

Thrasher

ley

Parker of Union Tipton

Jackson of Hab- Parks

Townsend

ersham

Parr

Twitty

Joel

Patten of Cook Watkins

Johnson

Patten of Tift Watson

Johnston

Peebles

Weathers

Jones of Brantley Peek

Weeks

Kelley

Perry

West

Lanier

Peters

Whitmire

Lee

Pound

Williams of Bacon

Leonard of Mus- Preston of Bul- Williams of Cof-

cogee

loch

fee

Leonard of Walker Preston or Wal- Williams of

Lewallen

ton

Jones

Lewis

Ramsey

Wilson

McBride

Rawlins

Wrench

McCracken

Ray

Zellner

McCranie

Ross

McCutchen

Those voting in the negative were Messrs.:

Davis or Troup Groves

Moore of Clayton

Ennis

Horton

Young

Freeman of Early Llndsay

~See Appendix,Volume I,ror those not voting.

WEDNESDAY, jANUARY 30, 1935.

781

By unanimous consent,the verification of the roll call was dispensed with. 17Ol,nnathyes 8ad. option of the Resolution,the ayes were
The resolution having received the requisite twothirds constitutional majority,was adopted.
Mr.Harrison of Crawford moved that the House do now adjourn,and the motion was lost. BY Senator Redwine of the 26th District.
Senate Resolution No.lO. A Resolution-Proposing to the qualified voters of the State of Georgia,for ratification or rejection,an amendment to Article v, Section !,Paragraph II,of the Constitution of Georgia,changing the terms of office of the Governor and other constitutional State officers,fixing the salary of the Governor and making him ineligible to reelection for four years,and for other purposes.
Be it resolved by the General Assembly of Georgia:
Section 1. That Article v,section !,Paragraph II, of the Constitution of Georgia be and the same is hereby amended by striking the word "two" in the first sentence thereof and inserting in lieu thereof the word "four" ;by striking from the third and fourth lines of said Paragraph the words "after the expiration of a second ter.m";by striking from the fifth line of said Paragraph the words "three thousand" and inserting in lieu thereof the words "seven thousand five hundred" ;by striking the last sentence of said Paragraph;b~ adding at the end of said Paragraph the following: 'The State officers required by this Constitution to be elected at the same time,for the same term,and in the same manner as the Governor shall also hold of!ice for four years. The Governor, and such other constitutional officers,elected at the general election in 1936,shall serve for four years";so that said Article v,section !,Paragraph II,of the Constitution,as amended,shall read as follows:
"The executive power shall be vested in a Governor, who shall hold his office during the term of four years,and until his successor shall be chosen and qualified. He shall not be eligible to reelection for the period of four years. He shall have a salary of

782

JouRNAL OF THE HousE,

seven thousand five hundred dollars per annum (until

otherwise provided by a law passed by a two-thirds

vote of both branches of the General Assembly),which

shall not be increased or diminished during the pe-

riod for which he shall have been elected; nor shall

he receive, within that time, any other emolument

from the United States, or either of them, or from

any foreign power. The State officers required to be

elected at the same time, for the same term, and in

the same manner as the Governor, shall also hold of-

flee for four years. The Governor and such other

cons tion

titutiona in 1936,

l

s

offic hall

heorsld1

elec off

te ic

d e

at the general elecfor four years."

Section 2. The foregoing amenument shall be published in one or more newspapers in each Congressional District for two months preceding the time of holding the next general election, and at the next general election shall be submitted to the qualified voters of the State, qualified to vote for members of the General Assembly, to~ ratification or rejection. All persons voting at such elect1on,vot1ng in favor of the ratification of the amendment, shall have written or printed on their ballots,"For the amendment to Article V, Section I, Paragraph II, of the Constitution, fixing the ter.ms of office of the Governor and other constitutional officers at four years, and fixing the salary of the Governor and making him ineligible to reelection for four years";and all persons voting against the ratlficati.on of the amendment shall have written or printed on their ballots,"Against the amendment to Article V,Section !,Paragraph II,of the Constitutlon,fixing the terms of office of the Governor and other constitutional officers at four years,and fixing the salary of the Governor and making him ineligible to reelection for four years". Should a majority of such qualified voters, voting at such election,vote in favor of the amendment,the Governor shall make proclamation thereof and the foregoing amendment shall become a part of Article V, section !,Paragraph II, of the Constitution of Georgia.
The following amendment was read and adopted:

WEDNESDAY, }ANCARY 30, 1933.

783

Mr. Edwards or Lowndes amends Provided this provision shall not apply to members
or the General Assembly. That the ballot clause be amended accordingly.
The amendment by Mr. Joel or Clarke was ruled out or order.
Mr. Williams or Correa moved the previous question. Mr. Harris or Richmond moved that the House do now adjourn, the motion prevailed, and Senate Resolution No. 10 went over as unfinished business. Leaves or absence were granted to Messrs. Woods or Emanuel and Moore or Haralson. The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

784

JouRNAL OF THE HousE,

Representative Hall,Atlanta, Ga. Thursday, January 31,1935.

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

Campbell

Edwards of Ste-

Allen

Caswell

phens

Almand of Fulton Claxton of Cam- Ennis

Almand of Walton den

Etheridge

Anderson

Claxton of John- Felton

Ansley of DeKalb son

Flynt

Ansley of Lee Clements or Cal- Fowler

Arnall

houn

Freeman or Bibb

Atwood

Clements or

Freeman or Early

Bannister

Wheeler

Gammage

Bargeron

Cobb

Gardner

Barnard

Cohen

Garrett

Barrett

Coleman

Gavin

Batchelor

Coxon

Gilbert

Bennett

Culpepper or Ec- Gnann

Benton

hols

Goolsby

Bond

Culpepper of Grayson

Booth

Fayette

Green

Bowden

Darnell

Griffin of Decatur

Black

Daugntl'Y

Griffin of Floyd

Bland

Davis of

Groover

Blease

Troup

Groves

Bloodworth

Deal

Guess

Bradley

Dean

Hammock

Brinson

DeLoach

Hampton

Brisendine

Dobbins

Hand

Brooks

Dorris

Harris

Brown of Glynn Douglass

Harrison

Brown of Greene Durden

Hartsfield

Brown of Pike Dyer

Herndon

Burgin

Edwards of

Head

Bush

Lowndes

Hefner

Camp

Henderson

Hogan

THL"RSDAY, JANUARY 31, 1935.

785

Hogg

Mitchell of La- Shedd

Holland

mar

Shirah

Hooks

Mitchell of Tal- Smith of Madison

Horton

iaferro

Smith of Webster

Houston

Moore of Clay- Spivey

Howard of Chat- ton

Standard

tahoochee

Moore of Haral- Stephens

Howard of Screv- son

Sutton

en

Morris

Swann

Jackson of Bleck- Moye

Swindle

ley

Mundy

Teasley

Jackson of Hab- Musgrove

Terrell of Hall

ersham

Neal

Terrell of Troup

Joel

Newby

Terrell of War-

Johnson

Oden

ren

Johnston

Parham

Thompson

Jones of Brantley Parker of Col- Thrasher

Jones of Lumpkin quitt

Tipton

Kelley

Parker of Union Toms

Lanier

Parks

Townsend

Lee

Parr

Twitty

Leonard of Mus- Patten of Cook Warnell

cogee

Patten of Tift Watkins

Leonard of Walker Peebles

Watson

Lewallen

Peek

Weathers

Lewis

Perry

Weeks

Lindsay

Peters

Welsch

McBride

Pound

West

McCracken

Preston of Bul- Whaley

McCranie

loch

Whitmire

McCutchen

Preston of Wal- Wil~iams of Bacon

McGraw

ton

Williams of Cof-

McKelvey

Ramsey

fee

McNall

Rawlins

Williams of Jack-

Mallory

Ray

son

Mann

Ross

Williams of Jones

Manning

saoados

Willingham

Marshall

Salter

Wilson

Martin

Sammon

Woods

Milam

Sartain

Wrench

Mills

Saunders

Yol.lllg

Minchew

Scruggs

Zellner

Settle

Mr.Speaker

m See Appendix,Volume I,for absentees.

786

JouRNAL OF THE HousE,

The following message was received from the Senate through I1r. Hammond, the Secretary thereof:

I1r. Speaker:

The Senate has passed by the requisite constitutional majority the following bills of the Senate1 to wit:

By Senator Pope of the 15th District. Senate Bill No. 21. A bill to be entitled an Act
to amend the Banking Law as codified in Title 13, Section 13-901 (3) of the Code of 1933, relating to the incorporation of Banks; and for other purposes.

By senator Johnson of the 31st District;Senator Skelton of the 30th District;Senator Scott of the 7th District.
Senate Bill No. 28. A bill to be entitled an Act to amend Section 93-503 of Chapter 93-5 of Title 93 of the Code of Georgia of 1933 by providing for admission in evidence of the record of proceedings before the Public Service Commission; and for other purposes.

By Senator Johnson of the 31st District;Senator

Skelton of the 30th District;Senator Scott of the

7th Dist~ict.

.

Senate Bill No. 29. A bill to amend the Code of

Georgia of 1933, providing the procedure in cases

involving rate orders, and for the designation of

Judges to hear same, and providing for bond in cases

of injunctiorr; and for other purposes.

By Senator Carswell of the 38th District. Senate Bill No. 38. A bill to be entitled an Act
to amend the Code of Georgia of 1933, by striking and repealing that part of said Section which provides for the payment of interest on county orders; and for other purposes.

By Senator Kirkland of the 49th District. Senate Bill No. 15. A bill defining the offense of
kidnapping for ransom and providing the punishment therefor, and for other purposes.

THURSDAY, }ANL'ARY 31, 1935.

787

By Senator Evans of the 29th District. Senate Bill No. 19. A bill to be entitled an Act
to vest in the tax-collectors of certain counties of this State all the powers of sheriffs of their respective counties relative to the collection and levy of all tax fi.fas. issued by such collectors, and for other purposes.
Mr. Preston of Bulloch, 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, the following was established as the order of business, during the first part of the period of unanimous consents: 1. Introduction of bills ana resolutions under the Rules of the House. 2. Reports of Standing Committees. 3. Second reading of bills and resolutlons,favorably reported. The following resolution of the House was read and referred to the Committee on Rules: By Mr. Harris of Richmond. House Resolution No. 85. A Resolution. Be it resolved by the House that the following bills and resolutions of the Senate listed below be set as a special and continuing order of business immediately following the period of unanimous consents at today's session, and to continue until the House has completed its consideration of said Bills: Senate Resolution No. 10 four year term for Governor; Senate Bill No. 8 four year term for Commissioner of Agriculture; Senate Bill No. 9 four year term for Commissioner of Commerce and Labor; Senate Resolution No. 9 abolishing President of Senate for LieutenantGovernor; Senate Resolution No. 12 State S.c.hool Superintendent; Senate Resolution No. 11 limiting extra sessions.

788

JouRNAL or 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. Guess, Lindsay and Ansley of DeKalb.
House Bill No. 443. A bill to be entitled an Act to amend the Code relative to the management and r-ontrol of Georgia School for the Deaf, and for other purposes.
Referred to Con~ittee on School for Deaf. By Messrs. Garrett and Camp of Carroll.
House Bill No. 444. A bill to be entitled an Act to amend Section 95-802 of the 1933 Code, so as to exempt certain counties, and for other purposes.
Referred to Committee on Counties and County Matters. By Mr. Leonard of 11uscogee.
House Bill No. 445. A bill to be entitled an Act to amend an Act so as to exempt certain persons from payment of poll tax, and for other purposes.
Referred to Committee on General Judiciary No. 2. By Messrs. Bloodworth,Bowden and Freeman of Bibb.
House Bill No. 446. A bill to be entitled an Act to amend Section 105 of the Act of the General Assembly re-enacting and amending the charter of the City of Macon, and for other purposes.
~Referred to Committee on Municipal Government. By Mr. Almand of Walton.
House Bill No. 447. A bill to be entitled an Act to amend the banking laws so as to provide stockholder's liability, and for other purposes.
Referred to Committee on Banks and Banking.
By Mr. Edwards of Lovmdes.
House Bill No. 448. A bill to be entitled an Act

THURSDAY, }ANt:ARY 31, 193:-i.

789

to amend the Act creating a permanent qualification book for qualified voters, so as to clarify same, and for other purposes.
Referred to Committee on General Judiciary No. 2. By Messrs. Grayson of Chatham, Culpepper of Fayette; Lanier and Harris of Richmond; Spivey of Emanuel; Dyer and Arnall of Coweta; Brown of Glynn and Cohen and McNall of Chatham.
House Bill No. 449. A bill to be entitled an Act .to provide that the State Treasurer shall set apart funds for the payment of Highway certificates,and for other purposes.
Referred to Committee on Counties and County Matters. By Mr. Jackson of Bleckley.
House Bill No. 450. A bill to be entitled an Act to appropriate $150,000 to establish a State Printing Plant, and for other purposes.
Referred to Committee on Special Appropriations. By Messrs. Jackson of Habersham, Rivers of Lanier, Peters of Meriwether, Greene of Rabun,Hefner of White;West and Terrell of Hall and others.
House Bill No. 451. A bill to be entitled an Act to .amend an Act so as to provide for the establishm~nt of a Ninth District Junior College and for other purposes.
Referred to Committee on State of Republic. By Mr. Bush of Miller.
House Bill No. 452. A bill to be entitled an Act to abolish the City Court of l'11ller County, and for purposes.
Referred to Committee on Special JudiciaTy. By Mr. Bush of Miller.
House Bill No. 453. A bill to be entitled an Act

790

JouRNAL oF THE HousE,

to establish the City Court of Miller County, and for other purposes.
Referred to Committee on Special Judiciary. By Mr. Peebles of Bartow.
House Bill No. 454. A bill to be entitled an Act to amend Neill-Traylor Act so as to include a road in Bartow County,and for other purposes.
Referred to Committee on Public Highways No. 1. By Mr. Fowler of Treutlen.
House Bill No. 455. A bill to be entitled an Act to amend the Act creating the office of Tax Commissioner of Treutlen County, and for other purposes.
Referred to ComiT,ittee on Counties and County Matters. By Hessrs. Groves of Lincoln and Zellner of Monroe.
House Bill No. 456. A bill to be entitled an Act to provide for the use or wire baskets and seines tor fishing in the waters of Lincoln and Monroe Counties, and for other purposes.
Referred to Committee on Game and Fish. By Messrs. Lewis or Burke and Townsend of Dade.
House Bill No. 457. A bill to be entitled an Act to provide for licensing new charitable agencies, and for other purposes.
Referred to Committee on Public Welfare. By I'Iessrs. Pound of Hancock, Claxton of Johrison and Arnall of Coweta.
House Bill No. 458. A bill to be entitled an Act to amend an Act regulating the business of fire and casualty insurance, and for other purposes.
rteferred to Committee on Insurance.

THURSDAY, JANUARY 31, 1935.

791

By Messrs. Marshall or Macon and Watkins of Oglethorpe.
House Bill No. 459. A bill to be entitled an Act to make void certain provisions in conditional sales contracts with reference to personal property,and tor other purposes.

Referred to Committee on General Judiciary No. 1.

By Mr. Hooks ot Glascock. House Bill No. 460. A bill to be entitled an Act
to amend an Act incorporating the town of Mitchell, and tor other purposes.

Referred to Committee on Municipal Government.

By Messrs. Ross of Dodge and Stephens of Laurens. House Resolution No. 86-460a. A resolution that
all bills relative to repeal of prohibition law be printed,and tor other purposes.

Referred to Committee on Rules.

By Mr. Jackson of Blackley.

.

House Resolution No. 87-460b. A resolution pro-

posing to the voters an amendment to the Constitution

that the General Assembly shall have the power to

provide that all text books used in public schools

shall be done by convict labor, and tor other pur-

poses.

Referred to Committee on Amendments to Constitution No. 1.

By Mr. Saunders of Harris. House Resolution No. 88-460c. A resolution to re-
lieve F.L. Cook as surety on bond.

Referred to Committee on Special Judiciary.

By Mr. Kelley of Elbert. House Resolution No. 89-460d. A resolution to re-
lieve W.C.Allen as surety on bond. Referred to Committee on Special Judiciary.

792

JouRNAL OF THE HousE,

By Mr.Heathers of Jenkins. House Resolution No.90-460e. A resolution re-
questing Congress to pass Frazier-Lemke Farm Refinance Bill.
Referred to Committee on State of Republic. By Mr.Bush of Miller.
House Bill No.461. A bill to be entitled an Act to amend Section 1056 of the penal code of 1910 with reference to written charges of Judges of Superior, city and county courts,and for other purposes.
Referred to Committee on General Judiciary No.1. By Mr.Musgrove of Clinch.
House Bill No.462. A bill to be entitled an Act to amend an Act so that the State Highway Board shall have tlle supervision of all State Aid Roads, and for other purposes.
Referred to Committee on Public Highways No.2. By Mr.Musgrove of Clinch.
House Bill No.463. A bill to be entitled an Act to amend Chapter 36-11 of the 1933 Code,by adding new sections,and for other purposes.
Referred to Committee on Public Highways No.2. The following message was received from the Senate through Mr.Hammond,the Secretary thereof:
Mr.Speaker: The Senate has passed by the requisite constitu-
tional majority the following bills of the House, to wit: By Mr.Rivers of Lanier and others.
House Bill No.1. A bill to be entitled an Act to ratify,approve and confirm the executive order of the Governor suspending the collection of a portion of the motor vehicle tag taxes and license fees, and for other purposes. By Mr.Rivers of Lanier and others.
House Bill No.2. A bill to be entitled an Act to amend Title 68( "11otor Vehicles") ,Chapter 68-2( "Li-

THURSDAY, jANL'ARY 31, 1935.

793

cense for Motor vehicles and chauffeurs"),of the Code of Georgia of 1933,and for other purposes.
By Mr.Rivers of Lanier. House Bill No.3. A bill to be entitled an Act to
authorize and direct the State Highway Department to pay two million dollars of surplus funds into the State Treasury;to provide for the disbursement of said funds to pay school teachers,and school bus operators,and confederate pensioners,and for other purposes.
Mr.Thompson of Muscogee County,Chairman of the Committee on Amenrunents to Constitution No.2,submitted the following report: Mr .speaker:
Your Committee on Amendments to Constitution No.2 have had under consideration the following bills and resolution of the House and have instructed me as Chainnan,to report the same back to the House with the following recommendations:
House Bills Nos.263 and 35,do pass. House Bill No.57,do pass,by substitute. House Resolution No.20-6la,do pass.
Respectfully submitted, Thompson of Muscogee, Chairman.
Mr.Bargeron of Burke County,Chairman of the Committee on General Agriculture No.l,submitted the following report:
Mr.Speaker: Your Committee on General Agriculture No.1 have
had under consideration the following bill of the House and have instructed me as Chainnan,to report the same back to the House with the following recommendation:
House Bill No.392,do pass,as amended. Respectfully submitted, Bargeron of Burke, Chainnan.

794

JouRNAL OF THE HousE,

Mr.Howard of Screven County,Chairman of the Committee on Education No.l,submitted the following report: Mr .Speaker:
Your Committee on Education No.1 have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the House with the follmving recommendation:
House Bill No.62,do pass.
Respectfully submitted, Howard of Screven, Chairman.
Mr.Twitty of Ware County,Chairman of the Committee on Industrial Relations,submitted the following report: Mr.Spea.ker:
Your Committee on Industrial Relations have had under consideration the following bills of the House and have instructed me as Chairman,to report the same back to the House with the following recommendations:
House Bill No.42,do not pass. House Bill No.53, do pass. House Bill No.l92,do not pass. House Bill No.304,do pass. House Bill No.38l,do not pass.
Respectfully submitted, Twitty of Ware, Chairman.
Mr.Almand of Walton County,Chairman of the Committee on Motor Veh1cles,suo~1tted the following report:
Mr.Speaker: Your Committee on Motor Vehicles have had under
consideration the following bills of the House and have instructed me as Chairman,to report the same back to the House with the following recommendations:

THURSDAY, jANUARY 31, 1935.

795

House Bill No. 59, do pass. House Bill No. 117, do pass by substitute. House Bill No. 328, do not pass. House Bill No. 426, do pass as amended.
Respectfully submitted, Almand of Walton, Chairman.
Mr.Clements of Wheeler County,Chairman of the Committee on Municipal Government,submitted the follo~ ing report: Mr.Speaker:
Your Committee on Municipal Government have had under consideration the following bills of the House and have instructed me as Chairman,to report the same back to the House with the following recommendations:
House Bill No. 11, do pass. House Bill No. 48, do pass. House Bill No. 63, do pass.
Respectfully submitted, Clements of Wheeler, Chairman.
Mr.Henderson of Irwin County,Chairman of the Committee on Pensions,submitted the following report: Mr. Speaker:
Your Committee on Pensions have had under consideration the following bill of the House and have instructed me as Chairman,to report the same back to the House with the following recommendation:
House Bill No. 256, do pass as amended.
Respectfully submitted, Henderson of Irwin, Cba.innan.
Mr.Grayson of Chatham County ,Chairman of the Committee on Special Judiciary,submitted the following report:
Mr. Speaker: Your Committee on Special Judiciary have had under

796

JouRNAL oF THE HousE,

consideration the following bills and resolution of the House and have instructed me as Chairman,to report the same back to the House with the following reconnnendations:
House Bill No. 431, do pass. House Bill No. 15, do pass. House Bill No. 308, do pass. House Bill No. 18, do pass. House Bill No. 282, do pass. House Bill No. 338, do pass. House Resolution No. 70-372a, do pass.
Respectfully submitted, Grayson of Chatham, Chairman.
By unantmous consent,the following bills and resolutions,favorably reported,were read the second time: By Messrs.Lanier,Harris and Barrett of Richmond.
House Bill No. 11. A bill to be entitled an Act to amend an Act creating a charter for the city of Augusta,and for other purposes.

By Messrs.Lanier,Harris and Barrett of Richmond. House Bill No. 15. A bill to be entitled an Act
to amend the Act creating the Charter of the City of Augusta,to abolish the office of Mayor,and for other purposes.

By Nr.Darnell of Pickens. House Bill No. 18. A bill to be entitled an Act
to provide for the holding of three terms of Superior Court in Pickens County, and for other purposes.

By :t-1essrs. Booth of Barrow, Arnall and Dyer of Coweta.
House Bill No. 35. A bill to be entitled an Act to

THL"RSDAY, jANt:ARY 31, 1935.

797

amend Article 3 of the Constitution so as to authorize a General Assembly of one body,and for other purposes.

By Nr.Hoye of Brooks. House Bill No. 48. A bill to be entitled an Act
to amend an Act incorporating the City of Quitman,and for other purposes. By Nessrs.Harris of Richmond, Terrell of Hall,and Twitty of ware.
House Bill No. 53. A bill to be entitled an Act to amend Georgia Workmens Compensation Act to require insurance companies to secure perrnits from Department of Industrial Relations, and for other purposes. By Nessrs.Almand of Fulton, Terrell of Troup and Ansley of DeKalb.
House Bill No. 57. A bill to be entitled an Act to aiQend the Constitution of Georgia so as to authorize the General Assembly to exempt hospitals from certain taxes, and for other purposes.

By Messrs.Lindsay, Guess and Ansley of DeKalb. House Bill No. 59. A bill to be entitled an Act to
prohibit the use of sirens or other such horns on motor vehicles, on the highways of tLis state, and for other purposes.

By Hessrs. Terrell of Hall and West of Hall. House Resolution No. 20-6la. A resolution proposing
to the voters an amendment to the Constitution prescribing the qualifications of voters by requiring the payment of all poll taxes, and for other purposes.

798

JouRNAL OF THE HousE,

By Mr. Terrell of Hall. House Bill No. 62. A bill to be entitled an Act
to ar.lend an Act establishing a system of public schools for Lula School District, and for other purposes.

By Messrs.Thompson,Leonard and Brinson of Muscogee. House Bill No. 63. A bill to be entitled an Act
to amend an Act creating the charter of the City of Columbus,and for other purposes.

By Yrr.Almand of Fulton. House Bill No. 117. A bill to be entitled an Act
to define the offense of operating a motor vehicle while intoxicated,and for othe~purposes.

By Messrs.Dyer and Arnall of Coweta. House Bill No. 256. A bill to be entitled an Act
to amend an Act so as to provide rules of eligibility for applicants for disabled veterans licenses, and for other purposes.

By Mr.Howard of Chattahoochee. House Bill No. 263. A bill to be entitled an Act
to submit to the voters an amendment to the Constitution authorizing the General Assembly to exempt from taxation not exceeding $2000 invested in a residence and $300 of Household and kitchen furniture,and for other purposes

By Nessrs.Peters of Meriwether,Terrell of Troup and Dobbins of Morgan.
House Bill No. 282. A bill to be entitled an Act

THCRSDAY, JANL4.RY 31, 193:-i.

799

to amend an Act providing for automobile mileage for State officers, and for other purposes.

By Mr.Stephens of Laurens. House Bill No. 308. A bill to be entitled an Act
to provide that the Solicitor of the City Court of Dublin shall be ex-officio County Attorney of Laurens County, and for other purposes.

By Mr.Ansley of DeKalb. House Bill No. 304. A bill to be entitled an Act
to runend the Georgia Workmens Compensation Act so as to provide for appearances before the Department of Industrial Relations,and for other purposes.

By Mr.Garrett of Carroll. House Bill No. 338. A bill to be entitled an Act
to increase the number of terms of Superior Court in Carroll County, and for other purposes.

By Messrs.Parker and Shirah of Colquitt. House Resolution No. 70-372a. A resolution to re-
lieve J.L.Russell and Will Kilgore as sureties on a bond, and for other purposes.

By Hr.Preston of Walton. House Bill No. 392. A bill to be entitled an Act
to provide for an excise tax on oleomargarine,and for other purposes. By l'Ir.Kelly of Elbert.
House Bill No. 426. A bill to be entitled an Act to fix the rights of parties where injury or death

800

JouRNAL OF THE HousE,

results while riding in or upon or alighting from an automobile,and for other purposes.

By Mr.Culpepper of Fayette. House Bill No. 431. A bill to be entitled an Act
to adopt and make of force the Code of Georgia knoYm as the Code of 1933, and for other purposes.

By unanimous consent, the following bills of the Senate were read the first time, and referred to the Committees: By Senator Kirkland of the 49th District.
Senate Bill No. 15. A bill defining the offense of kidnapping for ransom, and providing the punishment therefor, and for other purposes.
Referred to Committee on General Judiciary No. 1. By Senator Evans of the 29th District.
Senate Bill No. 19. A bill to be entitled an Act to vest in the tax collectors of counties of certain population, the powers o~ sheriffs, and for other purposes.
Referred to Committee on Counties and County Matters. By senator Pope of the 15th District.
senate Bill No. 21. A bill to be entitled an Act to amend the Banking Law so that banks may be chartered in towns with population not exceeding 2500 with minimum capital of $15,000,and for other purposes.
Referred to Committee on Banks and Banking.

THURSDAY, jANUARY 31, 1935.

801

By senators Johnson of the 31st District, Skelton of the 30th District and Scott of the 7th District.
Senate Bill No. 28. A bill to be entitled an Act to amend Section 93-503 of Chapter 93-5 of Title 93 of 1933 Code so as to provide for the admission in evidence of the records of proceedings before the Public service Commission, and for other purposes.

Referred to Committee on Public Utilities. By Senators Johnson of the 31st District, Skelton of the 30th District and Scott of the 7th District.
Senate Bill No. 29. A bill to be entitled an Act to amend Title 93, Chapter 93-2 of 1933 Code by providing the procedure in cases involving rate orders, and for other purposes.

Referred to Committee on Public Utilities.

By Senator Carswell of the 21st District. Senate Bill No. 38. A bill to be entitled an Act
to amend Title 23, Section 23-1608 of 1933 Code,by repealing that part with reference to payment of interest on county orders,and for other purposes.

Referred to committee on General Judiciary No.2.

By unanimous consent,the following bill of the House was withdrawn from the Committee on Special Judiciary and recommitted to the committee on General Judiciary No. 1:

802

JouRNAL OF THE HousE,

By Mr. Bush of Miller. House Bill No. 384. A bill to be entitled an Act
to amend the Code relating to charges or the Judges or the Superior, .City and County Courts, and tor other purposes.
By unanimous consent, the following bill or the House was withdrawn from the Committee on Prtvileges and elections~ and recommitted to the Committee on Counties and ~ounty Matters:
House Bill No. 216. A bill to be entitled an Act to amend the Code which provides for elections or members or the General Assembly,and r or other purposes.
By unanimous consent, the following bill or the House was withdrawn from the Committee on ways and Means and recommitted to the Committee on Special Judiciary: By Messrs. Ramsey, Hartsfield, and Almand or Fulton.
House Bill No. 432. A bill to be entitled an Act to create a Bureau or Boiler Inspection, and tor other purposes.
By unanimous consent, the following bill of the House was withdrawn from further consideration or the House: By l'1r. Sartain of Walker.
House Bill No. 229. A bill to be entitled an Act to provide tor the accumulation and preservation by counties or historical matter, other than legal matters, and for ~ther purposes.
By unanimous consent. the action of the House in passing the following bill or the House, was reconsidered: By Mr. Howard of Chattahoochee.
House Bill No. 272. A bill to be entitled an Act to abolish the offices and duties of Tax Collector and Tax Receiver of Chattahoochee County; to create the office or County Tax Commissioner,and for other purposes.

THURSDAY, ]ANL"ARY 31, 1935.

803

Mr. Harris of Richmond, Vice-Chairman of the Committee on Rules, submitted the following reports: Mr. Speaker:
Your committee on rules having had under consideration a resolution to set Senate Resolutions Nos.lO, 9,12, and 11 and Senate Bills Nos. 8 and 9 as a special and continuing order or business have instructed me to report the same back to the House with the recommendation that the same be adopted.
Respectfully submitted, Harris of Richmond, Vice-Chairman.
Mr. Speaker: Your committee on Rules having had under considera-
tion a resolution to set House Bill No. 107 and No. 56 have instructed me as their Vice-Chairman to report the same back to the House with the rejommendation that said bills be set as a special and continuing order or business immediately following the consideration by the House or the six(6)Senate Bills constituting the bills advocated by the Governor.
Respectfully submitted, Harris of Richmond, Vice-Chairman.
By ~animous consent, the report of the Committee on Rules was adopted.
Under the order or business as fixed by the Rules Committee, and agreed to by the House, the following bills and resolutions or the Senate were taken up tor consideration, and read the third time: By Senator Redwine of the 26th District.
Senate Resolution No. 10. A resc1ut1on proposing an amendment to the Constitution ot the State of Georgia changing the terms or office of the Governor and other constitutional State officers, and for other purposes.

804

JouRNAL oF THE HousE,

By unanimous consent, the amendment which had been adopted on yesterday to Senate Resolution No.lO, was reconsidered.
By unanimous consent, the amendment by I1r. Edwards or Lowndes was withdrawn.
The previous question and the main question was ordered.
The amendment offered by Mr. Garrett of Carroll was lost.
The following amendment was adopted: Messrs. Culpepper of Fayette and Harris of Richmond moves to amend Senate Resolution No. 10 by striking from line 18 or Section (1) the words "the period of four ~ears 11 and inserting in lieu thereof the following: a period or four years".

The report of the Committee, which was favorable

to the adoption or the resolution, was agreed to,

as amended.



The resolution involving an amendment to the Constitution of the State of Georgia, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams

Benton

Allen

Bond

Almand of Fulton Booth

Almand of Walton Bowden

Anderson

Black

Ansley of DeKalb Bland

Ansley of Lee Blease

Arnall

Bloodworth

Atwood

Bradley

Bannister

Brinson

Bargeron

Brisendine

Barnard

Brooks

Barrett

Brown of Pike

Batchelor

Bush

Bennett

Camp

Campbell Caswell Claxton of Camden Claxton of Johnson Clements of Calhoun Clements of Wheeler Cobb Cohen Coleman Coxon Culpepper of Echols Culpepper of Fayette Darnell Daughtry Deal

THURSDAY, jANUARY 31, 1935.

805

Dean

Howard of Chat- Oden

Dobbins

tahoochee

Parham

Dorris

Howard of Screven Parker of Colquitt

Douglass

Jackson of Bleck- Parker of Union

Durden

ley

Parks

Dyer

Jackson of Haber- Parr

Edwards of

sham

Patten of Cook

Lowndes

Joel

Patten of Tift

Edwards of Ste- Johnson

Peebles

phens

Johnston

Peek

Ennis

Jones of Brantley Perry

Etheridge

Kelley

Peters

Felton

Lanier

Pound

Flynt

Lee

Preston of Bulloch

Fowler

Leonard of Musco- Ramsey

Gammage

gee

Rawlins

Gardner

Leonard of Walker Ray

Garrett

Lewallen

Sabados

Gavin

Lewis

Sammon

Gilbert

McBride

Sartain

Gnann

McCracken

Saunders

Goolsby

McCranie

Scruggs

Grayson

McCutchen

Settle

Green

McGraw

Shedd

Griffin of De- McKelvey

Shirah

catur

McNall

smith of tladison

Groves

tlallory

Smith of Webster

Guess

tlann

Spivey

Hammock

Manning

Standard

Hampton

Marshall

Stephens

Hand

Martin

Swann

Harris Harrison Hartsfield Herndon Head Hefner Henderson Hogan Hogg Holland

Milam

Swindle

Mills

Teasley

Minchew

Terrell of Hall

Mitchell of Lamar Terrell of Troup

Mitchell of Tali- Terrell of warren

aferro

Thompson

Moore of Clayton Thrasher

Morris

Tipton

Moye

Toms

Mundy

Townsend

Hooks Horton Houston

Musgrove Neal Newby

Twitty Warnell Watkins

806

JouRNAL oF THE HousE,

Watson Weathers Weeks West Whaley

Whitmire Williams of Bacon Williams of Coffee Williams of Jackson Williams of Jones

Willingham Wilson Wrench Young Zellner

Voting in the negative was Mr.:
David of Troup <2m See Appendix ,Volume I ,for those not voting. By unanimous consent,the verification of the roll
call was dispensed with.

On the adoption of the resolution,as amended, the ayes were 185, nays 1.

The resolution having received the requisite twothirds constitutional majority was adopted,as amended

By Senator Redwine of the 26th Di~trict. Senate Resolution No. 9.

A RESOLUTION

Proposing to the qualified voters of the State of Georgia, for ratification or rejection,an amendment to Article III, Section V, Paragraph II, of the Constitution of Georgia, which provides for the election of the President of the Senate,by providing that the Lieutenant-Governor shall be President of the Senate,and for the election of a President Pro tempore of the Senate

. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. That Article III, Section V, Paragraph II, of the Constitution of Georgia be amended by striking all of said Paragraph II and inserting in lieu thereof a new paragraph to be paragraph II and to read as follows: "Paragraph II. The LieutenantGovernor shall be President of the Senate,and the presiding officer thereof. A President pro tempore shall be elected viva voce from the Senators and shall act in case of the death,res1gnat1on or disability of the Lieutenant-Governor, or in the event of his succession to the executive power.a

THURSDAY, jANUARY 31, 1935.

807

Section 2. The foregoing amendment shall be pub-

lished in one or more newspapers in each Congres-

sional District of this State for two months preced-

ing the next general election,and at such election

shall be submitted to the qualified voters of the

State,qualified to vote for members of the General

Assembly,for ratification or rejection. The voters

voting in favor of the ratification of the amendment

shall have written or printed upon their ballots,

"For ratification of the amendment to Article III,

Section V,Paragraph II, of the Constitution of Geor-

gia,providing that the Lieutenant-Governor shall be

President of the Senate,and for the election of a

President Pro tempore of the Senate". The voters

voting against the ratification of the amendment

shall have written or printed upon their ballots,

"Against ratification of the amendment to Article

III,Section V, Paragraph Georgia,providing that th

I e

I1Lioeuf

the C tenant-

onstitutio Governor

n of shall

be President of the Senate,and for the election of

a President pro tempore of the Senate". If a majority

of the qualified voters voting at said election shall

vote in favor of the ratification of the amendment,

the Governor shall make proclamation thereof,and the

foregoing amendment shall become a part of the Con-

stitution of the State of Georgia.

The previous question was ordered.

The report of the Comm1ttee,which was ravorable to the adoption of the resolution, was agreed to.

The resolution involving an amendment to the Constitution of the State of Georgia,the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Allen Almand of Fulton Almand of Walton Anderson Ansley of DeKalb Ansley of Lee Atwood Bannister

Bargeron Barnard Barrett Batchelor Bennett Benton Bond Booth Black

Bland Blease Bloodworth Bradley Brinson Brisendine BrookS Brown of Pike Camp

808

JouRNAL oF THE HousE,

Campbell

Griffin of De- McGraw

Caswell

catur

McKelvey

Claxton ot Cam- Guess

McNall

den

Hannnock

Mallory

Claxton ot John- Hampton

Mann

son

Hand

Manning

Clements or Cal- Harris

Marshall

houn

Harrison

M:lrtin

Clements ot

Hartsfield

Milam

Wheeler

Herndon

Mills

Cobb

Head

Minchew

Coleman Coxon

Hefner Henderson

111tchell ot Lamar

Culpepper ot Ec- Hogan

hols

Hogg

Mitchell of Taliaferro

Culpepper ot Fay- Holland

Moore or Clayton

ette

Hooks

Morris

Darnell Daughtry

Horton Houston

Moye Mundy

Deal

Howard ot Screv- Neal

Dean

en

Newby

Dobbins

Jackson or

Oden

Dorris Douglass Durden Dyer

Blackley

Parker ot Col-

Jackson ot Hab- quitt

ersham

Parker of Union

Joel

Parks

Edwards o! Edwards of
phens Etheridge Felton . Flynt Fowler _Freeman of Freeman of Gannnage

Lowndes SteBibb Early

Johnson Johnston Jones of Brant-
ley Kelley Lanier Lee Leonard of Mus-
cogee Leonard of Walk-

Parr

Patten ot Cook

Patten ot Ti!t

Peebles

Peek

Perry

Peters

Pound

.

Preston or Bul-

loch

Gardner Garrett Gavin Gilbert Gnann Goolsby Grayson Green

er Lewallen Lewis Lindsay McBride McCracken McCranie McCutchen

Ramsey Rawlins Ray Ross Sabados Sannnon Sartain Saunders

THt;RSDAY, jANUARY 31, 1935.

809

Scruggs

Teasley

Weeks

Settle

Terrell or Hall West

Shedd

Terrell or Troup Whaley

Shirah

Thompson

Whitmire

Smith of Madison Thrasher

Williams or Bacon

Smith of Webster Tipton

Williams of Coffee

Spivey

Toms

Williams of Jackson

Standard

Townsend

Williams of Jones

Stephens

Twitty

Willingham

Sutton

Warnell

Wilson

Swann

Watkins

Wrench

Swindle

Watson

Young

Weathers

Zellner

Those voting in the negative were Messrs.:

Davis of Troup Ennis
00 See Appendix ,Volume I ,for those not voting.
By unanimous consent,the verification or the roll call was dispensed with.

On the adoption of the resolution, the ayes were 179, nays 2.

The resolution having received the requisite twothirds constitutional majority was adopted.

By Senator Redwine of the 26th District. Senate Resolution No. 12.

A RESOLUTION Proposing to the qualified voters of the State of Georgia, !or ratification or rejection,an amendment to Article VIII,Section !!,Paragraph IL of the Constitution of Georgia, providing for a 0tate School Superintendent in lieu of the State School Commissioner,fixing the term of office of the State School Superintendent,and for other purposes.

Be it resolved by the General Assembly of Georgia:

Section l. That Article VIII, Section II, P1.r..,_~,...a"Jh I, of the Constitution of Georgia be amended bt striking from the first line thereof the words'Stato

810

JouRNAL oF THE HousE,

School Commissioner" and inserting in lieu thereo! the words ''State School Superintendent"; by inserting after the word "time" in the second line thereof, a comma,and striking from the second and third lines thereof, the words "and manner as the Governor and Statehouse officers are elected,whose term of office shall be two lears,and", and inserting in lieu thereof the words, for the same term and in the same manner as the Governor,who shall hold office until his successor is elected and qualified";by striking the words "State School Connnissioner" L1 the sixth and seventh lines thereof and i~serting in lieu thereof the words "State School Surerintendent", so that said Article VIII, Section II, Paragraph I, of the Constitution as amended shall read as follows:
"There shall be a State School Superintendent, elected by the people at the same time,for the same term, and in the same manner as the Governor,who shall hold office until his successor is elected and qualified. His office shall be at the seat of government and he shall be paid a salary not to exceed two thousand dollars per annum. The General Assembly may substitute for the State School Superintendent such officer, or officers,as may be deemed necessary to perfect the system of public education."
Section 2. The foregoing amendment shall be published in one or more newspapers in each Congressional District for two months preceding the time of holding the next general election, and at the next general election shall be submitted to the qualified voters of the State, qualified to vote for members of the General Assembly, for ratification or rejection. All persons voting at such election,voting in favor of the ratification of the amendment, shall have written or printed on their ballots, "For the amendment to Article VIII, Section II, Paragraph I, of the Constitution,providing for a State School Superintendent in lieu o! the State School Commissioner, and fixing the term o! office of the State School Superintendent11; and all persons voting against the ratification of the amendment shall have written or printed on their ballots, "Against the amendment to

THURSDAY, jANUARY 31, 1935.

811

Article VIII, Section II, Paragraph I, of the Constitution, providing for a State School Superintendent 1n lieu or the State School Commissioner,and fixing the term of office of the State School Superintendent." Should a majority or such qualified voters, voting at such electioni vote in ravor or the amendment, the Governor sha 1 make proclamation thereof and the foregoing amendment shall become a part or Article VIII, Section II, Paragraph I, or the Constitution of Georgia.

The report or the Committee. which was favorable to the adoption or the resolution,was agreed to.

The resolution involving an amendment to the Constitution or the State or Georgia, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams

Brown or Pike Edwards of Lowndes

Allen

Camp

Edwards or Ste-

Almand of Fulton Campbell

phens

Almand of

Caswell

Ennis

Walton

Claxton of Cam- Etheridge

Ansley or Lee den

Felton

Atwood

Claxton or John- Flynt

Bannister

son

Freeman or Bibb

Bargeron

. Clements or Cal- Gammage

Barnard

houn

Gardner

Barrett

Clements of

Garrett

Batchelor

Wheeler

Gavin

Bennett

Cobb

Gilbert

Benton

Cohen

Gnann

Bond

Coleman

Goolsby

Bowden

Coxon

Grayson

Black

Culpepper of Ec- Griffin or Decatur

Bland

hols

Groves

Blease

Darnell

Guess

Bloodworth

Daughtry

Hammock

Bradley

Deal

Hampton

Brinson

Dorris

Hand

Brisendine

Douglass

Harris

Brooks

Dyer

Harrison

812

JouRNAL OF THE HousE,

Hartsfield

McKelvey

Sammon

Herndon

McNall

Sartain

Head

Mallory

Scruggs

Hefner

Manning

Settle

Henderson

Marshall

Shedd

Hogan

Martin

Shirah

Hogg

Milam

Smith or Madison

Holland

Mills

Smith of Webster

Hooks

Minchew

Spivey

Horton

Mitchell of La- Standard

Houston

mar

Stephens

Howard or Chat- Mitchell or Tal- Sutton

tahoochee

ia!erro

Swann

Howard of Screv- Moore of Clay- Swindle

en

ton

Terrell or Hall

Jackson of

Morris

Terrell of Troup

Blackley

Moye

Terrell or Warren

Jackson of Hab- Mundy

Thompson

ersham

Musgrove

Thrasher

Joel

Neal

Tipton

Johnson

Newby

Toms

Johnston

Oden

Townsend

Jones or Brant- Parker of Union Warnell

ley

Parks

Watkins

Kelley

Parr

Weathers

Lanier

Patten o! Cook Weeks

Lee

Pat~en or Tift West

Leonard of Mus- Peebles

Whaley

cogee

Peek

Whitmire

Leonard of Walk- Perry

Williams or Bacon

er

Peters

Williams of Co!-

Lewallen

Pound

fee

Lewis

Preston or Bul- Williams or Jack-

Lindsay

loch

son

McBride

Ramsey

Williams of Jones

McCracken

Rawlins

Wilson

McCranie

Ray

Wrench

McCutchen

Ross

Young

McGraw

Sabados

Zellner

Those voting in the negative were Messrs.:

Booth

Davis of Troup Parker of Colquitt

QDDsee Appendix,Volume I,!or those not voting.

By unanimous consent, the verification of the roll

call was dispensed with.

THURSDAY, jANUARY 31, 1935.

813

On the adoption or the resolution, the ayes were 169, nays 3.
The resolution having received the requisite twothirds constitutional majority, was adopted. By Senator Redwine o! the 26th District.
Senate Bill No. 8. A bill to be entitled an Act to amend the Code or Georgia or 1933, by fixing the term o! office o! the Commissioner o! Agriculture at !our years 1 and tor other purposes.
The report or the Committee, which was favorable to the passage or the bill, was agreed to.
On the passage or the bill, the ayes were 139, nays 1.
The bill having received the requisite constitutional majority was passed.

Mr. Harris or Richmond moved that the House do now recess until 1:30 o'clock,P.M.Lthe motion prevailed and the speaker announced the House recessed until 1:30 o'clock.

1:30 o'clock, P.M.

The Speaker called the House to order.

By Senator Redwine o! the 26th District. Senate Bill No. 9. A bill to be entitled an Act to
amend the Code ot Georgia or 1933, by providing a term or ot!1ce ot tour years tor the Commissioner ot Commerce and Labor, and tor other purposes.

The report or the Committee, which was favorable to the passage or the bill, was agreed to.

On nays

oth. e

passage

or

the

bill,

the

ayes

were

108,

The bill having received the requisite constitutional majority was passed.

By Senator Redwine or the 26th District. Senate Resolution No. 11.

814

JouRNAL or THE HousE,

A RESOLUTION

Proposing to the qual1!1ed voters or Georgia tor ratification or rejection an amendment to Article V, Section I Paragraph XIII, of the Constitution or Georgia, iimiting the duration or extraordinary sessions or the General Assembly to the number or days stated in the proclamation or the Governor convening them.

Be it resolved by the General Assembly of Georgia:

Section 1. That Article V, Section 1, Paragraph

XIII, of the Constitution or Georgia be and the same

is hereby amended by striking the period at the end

of such section and inserting in lieu thereof a

semi-colon, and the following words, to wit: "Nor

shall any such extraordinary session continue longer

than the number or days stated in the proclamation

ot the Governor converting
Paragraph XIII or Section

the same", 1, Article

vso,

that said shall read

as follows:"Paragraph XIII. Writs or election;callea

sessions of the General Assembly. He shall issue

writs or election to fill all vacancies that may hap-

pen in the Senate and House or Representatives, and

shall give the General Assembly, !rom time to time,

information or the state of the Commonwealth, and

recommend to their consideration such measures as he

may deem necessary or expedient. He shall have power

to convoke the General Assembly on extraordinary

occasions, but no law shall be enacted at called

sessions or the General Assembly, except ,such as shall

relate to the object stated in his proclamation con-

vening them; nor shall any such extraordinary session

continue longer than the number or days stated in the

proclamation or the Governor convening the same."

Section 2. The foregoing amendment shall be published in one or more newspapers in each Congressional District of this State !or two months preceding the next general election, and at such election shall be submitted to the qualified voters or the State, qualified to vote for members of the General Assembly, tor ratification or rejection. The voters voting in

THURSDAY, jANUARY 31, 1935.

815_

favor of the ratification of the amendment shall

have written or printed upon their ballots, "For rat-

ification Paragraph

of the XIII,

oafmtehnedmCenotnstotitAutritoincleo~VGeSoercgtiiao,nli1m,it-

ing the duration of extraordinary sessions of thE.

General Assembly the number of days stated in the

proclamation of the Governor convening them." The

voters voting against the ratification of the amend-

ment shall have written or printed upon their bal-

lots. "Against ratification of the amendment to Ar-

ticle V, Section I, Paragraph XIII, of the Constitu-

tion of Georgia, limiting the duration of extraordi-

nary sessions of the General Assembly to the number

of days stated in the proclamation of the Governor

convening them". If a majority of the qualified vo-

ters voting at said election shall vote in favor of

the ratification of the amendment, the Governor shall

make proclamation thereof, and the foregoing amend-

ment shall become a part of the Constitution of the

State of Georgia.

The following amendment was read:

Messrs. Lanier of Richmond and Flynt of Spalding amend Senate Resolution No. 11 by adding in Section One {1) thereof and after the words wherever they appear, to wit: "Convening the same" the words following: however, the Governor cannot in his call limit the session to less than thirty days but the Assembly may adjourn earlier than thirty days.

Mr. Williams ot Coffee moved the previous question, and the motion prevailed ..

On the adoption of the amen~ent, Mr. Harris of Richmondmoved the ayes and nays, and the call was sustained.

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

Those voting in theaff1rmat1ve were Messrs.:

Ada.ms

Allen

Ansley or DeKalb

816

JouRNAL OF THE HousE,

Ansley or Lee Gnann

Neal

Bargeron

Griffin of De- Newby

Batchelor

catur

Parker or Col-

Bennett

Groves

quitt

Bond

Guess

Parr

Booth

Hammock

Peebles

Bland

Hand

Perry

Bloodworth

Head

Pound

Bradley

Hefner

Ramsey

Brinson

Hogg

Sabados

Brooks

Horton

Sartain

Bush

Houston

Settle

Campbell

Joel

Standard

Clements of Johnston

Sutton

Wheeler

Jones of Brantley Swindle

Cobb

Lanier

Teasley

Coleman

Lewallen

Terrell of Troup

Coxon

Lewis

Terrell of Warren

Daughtry

Lindsay

Thompson

Davis of Troup McBride

Thrasher

Dean

McCracken

Tipton

Douglass

McCutchen

Tams

Durden

McGraw

West

Dyer

Manning

Williams or Jack-

Ennis

Martin

son

Fl.yn.t

Milam

Williams of Jones

Gammage

Mitchell of Lamar Wilson

Gardner

Moore of Clayton Young

Garrett

Moye

Gavin

Those voting in the negative were Messrs.:

Almand of Fulton Brown of Pike

Darnell

Almand of Walton Camp

Deal

Anderson

caswell

Dobbins

Arnall

Claxton of Camden Dorris

Atwood

Claxton of Johnson Edwards of

Bannister

Clements of Cal- Lowndes

Barnard

houn

Edwards of Ste-

Barrett

Cohen

phens

Benton

Culpepper of Ec- Felton

Black

hols

Freeman of Early

Blease

Culpepper of Fay- Gilbert

Brisendine

ette

Goolsb,y

THt;RSDAY, ]ANUARY 31, 1935.

817

Grayson

Leonard of Wal- Scruggs

Hampton

ker

Shedd

Harris

McCranie

Shirah

Harrison

Marshall

Smith of Madison

Hartsfield

Mills

Smith of WebstP.r

Herndon

Morris

Spivey

Henderson

MUndy

Stephens

Hogan

Parham

Terrell of Hall

Holland

Parker of Union Townsend

Howard of Chat- Parks

Twit-cy

tahoochee

Patten of Cook Warnell

Howard of Screven Patten of Tift Watkins

Jackson of

Peek

Weathers

Blackley

Peters

Weeks

Jackson or Haber- Preston of Bul- Whaley

sham

loch

Whitmire

Johnson

Rawlins

Williams of Bacon

Kelley

Ross

Williams of Coffee

Lee

Sammon

Wrench

Leonard of Mus- Saunders

Zellner

~ee

Mr.Speaker

See Appendix,Volume I,for those not voting.

The roll call was verified.

on the adoption of the amendment,the ayes were 86,

nays 87, and the amendment was lost.

Mr.Sutton of Wilkes moved that the House do now adjourn.

on the motion,the ayes were 74,nays 73. The motion to adjourn prevailed,and Senate Resolution No.ll went over as unfinished business.

Leaves of absence were granted to Messrs;Bargeron of Burke,Brown of Giynn,Groover of Troup,Martin of Jackson,Gilbert of Washington,Wrench of Charlton, Tipton of Thomas,and Scruggs of Washington.

Mr.Flynt of Spalding moved that the House reconsider its action in voting to adjourn.

On the motion,the ayes were 72,nays 76,and the motion was lost.
The Speaker announced the House adjourned until tomorrow morning at 10:00 otclock.

818

JouRNAL or THE HousE,

Representative Hall,Atlanta,Georgi~

Friday, February 1, 1935. The House met pursuant to adjournment this day at 10:00 oclock, 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

Bush

Allen

Camp

Almand of Fulton Campbell

Almand of Walton Caswell

Anderson

Claxton of

Ansley of DeKalb Camden

Ansley of Lee Claxton of

Arnall

Johnson

Atwood

Clements of

Bannister

Calhoun

Bargeron

Clements of

Barnard

Wheeler

Barrett

Cobb

Batchelor

Cohen

Bennett

Coleman

Benton

Coxon

Bond

Culpepper of

Booth

Echols

Bowden

Culpepper of

Black

Fayette

Bland

Darnell

Blease

Daughtry

Bloodworth

Davis of

Bradley

Troup

Brinson

Deal

Brisendine

Dean

Brooks

DeLoach

Brown of Glynn Dobbins

Brown of

Dorris

Greene

Douglass

Brown of Pike Durden

Burgin

Dyer

Edwards of Lowndes Edwards of Stephens Ennis Etheridge Felton Flynt Fowler Freeman of Bibb Freeman of EarlY Ganmage Gardner Garrett Gavin Gilbert Gnann Goolsby Grayson Green Griffin of Decatur Griffin of Floyd Groover Groves Guess Hammock Hampton Hand Harris Harrison Hartsfield Herndon Head

FRIDAY, Ft:BRUARY 1, 1935.

819

Hefner

Mills

Smith of

Henderson

Minchew

Madison

Hogan

Mitchell of

Smith of

Hogg

Lamar

Webster

Holland

Mitchell or

Spivey

Hooks

Taliaferro

Standard

Horton

Moore of Clayton Stephens

Houston

Moore of

Sutton

Howard of

Haralson

Swann

Chattahoochee Morris

SWindle

Howard of

Moye

Teasley

Screven

Mundy

Terrell of Hall

Jackson of

MUsgrove

Terrell of Troup

Blackley

Neal

Terrell of

Jackson of Haber- Newby

Warren

sham

Oden

Thompson

Joel

Parham

Thrasher

Johnson

Parker of

Tipton

Johnston

Colquitt

Toms

Jones of

Parker of Union Townsend

Brantley

Parks

Twitty

Jones of Lumpkin Parr

Warnell

Kelley

Patten of Cook Watkins

Lanier

Patten of Tift Watson

Lee

Peebles

Weathers

Leonard of

Peek

weeks

Muscogee

Perry

Welsch

Leonard of

Peters

West

Walker

Pound

Whaley

Lewallen

Preston of

Whitmire

Lewis

Bulloch

Williams of

Lindsay

Preston of

Bacon

McBride

Walton

Williams of

McCracken

Ramsey

Coffee

McCranie

Rawlins

Williams of

McCutchen

Ray

Jackson

McGraw

Ross

Williams of

McKelvey

Sabados

Jones

McNall

Salter

Willingham

Mallory

Sammon

Wilson

11a.nn

Sartain

Woods

Manning

Scruggs

Wrench

Marshall

Settle

Young

Martin

Shedd

Zellner

Milam

Shirah

Mr.Speaker

~See Appendix,Volume I,for absentees.

820

JouRNAL OF THE HousE,

Mr.Preston of Bulloch,Chairman of the Committee on Journals,reported that the Journal of the proceedings of yesterday 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 or the period of unanimous consents: 1. Introduction of bills and resolutions under the Rules of the House. 2. Reports of Standing Committees. 3. Second reading of bills and resolutions,ravorably reported.
By unanimous consent,the following bills and resolutions of the House were introduced,read the first time,and referred to the Committees:
By Messrs.Spivey and Woods or Emanuel and Claxton or Johnson.
House Bill No.464.A bill to be entitled an Act to amend Title 3,Chapter 3-S,Section 3-505 or 1933 Code by providing for survival of rights or action in case of death of either party,and for other purposes.
Referred to Committee on General Judiciary No.2. By Hessrs.Willingbam,Griffin and Anderson of Floyd.
House Bill No.465.A bill to be entitled an Act to amend Section 4004 of 1910 Code,so as to provide tor the appointment in case of death of the sheriff 1n certain counties,and for other purposes.
Referred to Committee on Counties and County Matters.

FRIDAY, F.t:BRt:ARY 1, 1935.

821

By Mr.Settle of Butts. House Bill No.466. A bill to be entitled an Act to
amend the 1933 Code so as to provide tor compensation for members or the National Guard,and for other purposes.
Referred to Committee on Military Affairs. By Mr. Gavin ot Clay.
House Bill No.467. A bill to be entitled an Act to abolish the office or County Treasurer or Clay County,and for other purposes.
Referred to Committee on Counties and County Matters. By :Mr .Parker of Union.
House Bill No.468.A bill to be entitled an Act to provide how vacancies in offices of Clerk Superior Court,Sheriff,Treasurer shall be filled in case or death,and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Barrett and Harris or Richmond. House Bill No.469.A bill to be entitled an Act to
prohibit the sale or real estate under power or sale without obtaining judgment,and for other purposes.
Referred to Corrittee on General Judiciary No. 2.
By Mr.Almand of Fulton. House Bill No.470.A bill to be entitled an Act to
amend Section 113-6018 or 1933 Code so as to authorize corporations to make transfers on authority of executors,and for other purposes.
Referred to Committee on Special Judiciary.
By Mr.Almand of Fulton. House Bill No.47l.A bill to be entitled an Act to
amend Section 113-1724 or 1933 Code to provide tor sale or stocks and bonds by administrators and for other purposes.
Referred to Committee on Special Judici~Y

822

JouRNAL OF THE HousE,

By Messrs.Johnson ot Seminole and Sammons ot Gwinnett.
House Bill No.472. A bill to be entitled an Act to provide tor redemption ot real estate sold under execution,and tor other purposes.
Referred to Committee on General Judiciary No.2.

By Mr.Almand ot Fulton. House Bill No.473.A bill to be entitled an Act to
amend Section 49-206 ot 1933 Code to provide tar sale ot stocks and bonds by guardians,and ror other purposes.
Referred to Committee on Special Judiciary. By Mr.Whi tmire ot Dawson.
House Bill No.474.A bill to be entitled an Act to amend Section 35-703 so as to allow certain pupils to remain in institutions until tull course is co~ plated, and tor otber purposes.
Referred to Committee on Academy tor-Blind. By Messrs.Parker and Shirah of Colquitt.
House Resolution No. 91-474a. A resolution proposing to the voters an amendment to Par .13 of Art.5 ot the Constitution allowing the General Assembly to convene in extraordinary session in cases ot emergency, and tor other purposes.
Referred to Committee on Amendments to Constitution No.1. By Messrs.Parker and Shirah ot Colquitt.
House Resolution No.92-474b. A resolution proposing to the voters an amendment to the Constitution authorizing the City ot Moultrie to pass and enforce zoning laws,and tor other purposes.
Referred to Committee on Amendments to Constitution No. 1.

FRIDAY, Fl'BRUARY 1, 1935.

823

By Mr.Thompson of Muscogee. House Resolution No. 93-474C. A resolution author-
izing the retund to certain lumber concerns of taxes illegally collected,and for other purposes.
Referred to Committee on Special Appropriations. The following message was received from the Senate through Mr.Hammond,the Secretary thereof: Mr.Speaker: The Senate has passed by the requisite constitutional majority the following bills of the House,to wit: By Messrs. Moye and Blease of Brooks. House Bill No.49.A bill to be entitled an Act to fix the amount of the bond of the Sheriff of Brooks County,and for other purposes. By Mr.Batchelor of Putnam. House Bill No.124.A bill to be entitled an Act to fix the amount of the bond of the Sheriff of Putnam county,and for other purposes. By Mr.Martin of Jeff Davis. House Bill No.296.A bill to be entitled an Act to fix the amount of the bond of the Sheriff of Jeff Davis County,and for other purposes. Mr.La.nier of Richmond County ,Chairman of the Committee on Amendments to Constitution No.l,submitted the following report: Mr.Speaker: Your Committee on Amendments to Constitution No.1 have had under consideration the following resolution of the House and have instructed me as Chairman, to report the same back to the House with the following recommendation:

824

JouRNAL OF THE HousE,

House Resolution 14-29a do pass, by substitute. Respectfully submitted, Lanier or Richmond, Chairman.
Mr.Guess of DeKalb County,Chairman of the Committee on General Judiciary No.l,submitted the following report: Mr.Speaker:
Your Committee on General Judiciary No.1 have had under consideration the following bills or the House and have instructed me as Chairman,to report the same back to the House with the following recommendations:
That House Bill No.284 do pass; House Bill No.l9 do pass; House Bill No.l6 do pass.
Respectfully submitted, Guess ot DeKalb, Chairman.
Mr.Grayson or Chatham County Chairman or the Co~ mittee 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 have instructed me as Chairman to report the same back to the House with the foliowing recommendations:
That House Bills Nos. 417, 246, 349, 369, 172, 364, and 97 do pass.
That House Resolution Nos. 78-l78b and 49270(g) do pass.
Respectfully submitted, Grayson of Chatham Chairman.

FRIDAY, FBRL'ARY 1, 1933.

825

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

By Mr.Spivey of Emanuel. House Bill No.l6.A bill to be entitled an Act to
provide tor the appointment or special officers upon request or president or resident executive of any company or corporation,and tor other purposes.

By Mr.Cohen of Chatham.

.

House Bill No.l9.A bill to be entitled an Act to

authorize executors,administrators,and to invest

trust funds in any obligations or the United States,

and tor other purposes.

By Messrs.Terrell of Troup,Almand of Fulton,Lanier, Harris and Barrett of Richmond and Rivers of Lanier.
House Resolution No. 14-29a. A resolution to amend the Constitution by adding sections which will restrict and limit the millage levied by counties and municipalities on real or personal property, and for other purposes.

By Messrs. Woods and Spivey of Emanuel. House Bill No.97.A bill to be entitled an Act to
amend an Act to establish the City court ot Swainsboro,and for other purposes.

By Mr.Shedd of wayne. House Bill No.l72.A bill to be entitled an Act to
amend an Act establishing the Cicy court of Jesup, and for other purposes.

By Mr.Leonard of Muscogee. House Resolution No.28-17tso...A resolution to re-
lieve w.c.Mathis as surety,and for other purposes.

By Messrs.Lindsay,Ansley and Guess ot Dekalb. House Bill No.246.A bill to be entitled an Act to
prohibit the establishment of cemeteries,hospitals and similar institutions in certain counties without permission from County Commissioners,and for other purposes.

826

JouRNAL oF THE HousE,

By Mr.Almand of Fulton. House Resolution No. 49-270g~ A. resolution to re-
lieve W.P.Middlebrooks as surety,and for other purposes. By Messrs.Preston and Deal of Bullock.
House Bill No.284.A bill to be entitled an Act to abolish the fee system with reference to the Solicitor of the Ogeechee Circuit,and for other purposes. By Messrs.Hartsfield,Almand and Ramsey of Fulton.
House Bill No.349.A bill to be entitled an Act providing that certain cities of thi~ State might enter into contractural agreements with counties and municipalities,and for other purposes. By Mr.Garrett of Carroll.
House Bill No.364.A bill to be entitled an Act to repeal an Act establishing the City Court of Carrollton,and for other purposes. By Mr. Swann of Grady.
House Bill No.369.A bill to be entitled an Act to amend the act creating the City Court of Cairo, and for other purposes. By Mr.McGraw of Meriwether.
House Bill No.417.A bill to be entitled an Act to amend an act providing for the holding of Superior Court in Meriwether County,and for other purposes.
The following resolution of the House was read and referred to the ~ommittee on Rules: By Mrs.Coxon of Long.
House Resolution No.94.A Resolution-Be it resolved by the House that House Bill No.56 be stricken from the calendar of today's business and set as a special and continuing order for next Tuesday,February 5th, immediately following the period of unanimous consents.

FRIDAY, FEBRUARY 1, 1935.

8Z7

The following resolutions of the House were read and adopted:

By Mr.Arnall of Coweta. House Resolution No.95.A resolution that the House
extend to Honorables Ernest M.Davis of Mitchell County,and E.L.Reag.an of Henry,best wishes for a speedy recovery from tne1r illness.

By Messrs.Almand,Ramsey and Hartsfield of Fulton and Lindsay,Ansley and Guess of DeKalb.
House Resolution No.96. A resolution extending the sympathies of the House to the family of Hon.James L.Mayson,deceased,City Attorney of Atlanta,and for other purposes.

By Messrs.Thrasher of Turner and Arnall of Coweta.

House General

RAsesseomlubltyioninNviot.e97H. oAnorreasboleluDtiaonnietlhca.t

the Roper,

Secretary of Commerce,to address a joint session of

the General Assembly,and for other purposes.

The following resolution of the House was read and referred to the Committee on Rules:

By Messrs.Harris of Richmond,Thrasher of Turner, Arnall and Dyer of Coweta.
House Resolution No.98.A resolution to establish a standing committee of the House to be known as the Committee on Interstate Cooperation,and that the Speaker appoint such a committee,and for other purposes.

The following resolution was read:

By Mr.Williams of Coffee. and others. House Resolution No.99.A resolution that the
Speaker appoint a Committee to arrange for the entertainment of Honorable Huey P.Long,and for other purposes.

828

JouRNAL OF THE HousE,

The Speaker appointed as a Committee to entertain Honorable Huey P.Long,the following members of the House, to wit:
Messrs. Williams of Coffee, Barrett of Richmond, Edwards of Lowndes, Spivey of Emanuel, Woods of Emanuel, Harris of Richmond, Freeman of Early, Milam of Spalding Garrett of Carroli, Mrs.Coxon of Long, Lewis of Burke, and The Messenger of the House.
Under the order of unfinished business,the following resolution of the Senate was again taken up for consideration: By Senator Redwine of the 26th District.
Senate Resolution No.ll.A resolution proposing to the qualified voters of Georgia,an amendment to the Constitution of Georgia,limiting tbe duration of extraordinary sessions of the General Assembly to the number of days stated in tbe proclamation of the Governor convening them,and far other purposes.
Mr.Sabados of Dougherty moved that the House reconsider its action in failing to adopt the amendment by Messrs.Lanier of Richmond and Flynt of Spalding to Senate Resolution No. 11.
On the motion to reconsider,the ayes were 89, nays 63.
The amendment was reconsidered. By unanimous consent,further consideration of Senate Resolution No.ll and the amendment thereto,was postponed until Tuesday morning,February 5th,immediately after the expiration of the period of unanimous consents.

FRIDAY, FEBRUARY 1, 1935.

829

The following resolution of the House was read and adopted: By Mr.Arnall of Coweta.
House Resolution No.lOO.A resolution extending the s,ympathy or the House to Hon.sam J.Welsch on the death of his brother ,and for other purposes.
Mr.Harris of Richmond,~ice-Chairman of the Committee on Rules,submitted the following report: .Mr.Speaker:
Your Committee on Rules has had under consideration a resolution to strike House Bill No.56 from todayrs calendar and set it as a special order ot business on next Tuesday,has inst~1cted me as its Vice-Chairman to report the same back to the House with the recommendation that same be adopted.
Respectfully submitted, Harris of Richmond, Vice-Chairman.
Under the order of business as set by the Rules Committee on yesterday,the following bill of the House was taken up for consideration,and read th~ third time: By Messrs.Claxton ot Johnson,Rawlins of Ben Hill, and others.
House Bill No.l07.A bill to be entitled an Act to provide tor the payment or a license by all persons fishing within the State or Georgia; to prescribe penalties for the violation,and for other purposes.
The following Committee Substitute to House Bill No.l07 was read: By the Committee:
Substitute to House Bill No. 107.
A BILL
To be entitled an Act to provide tor the payment

830

JouRNAL oF THE HousE,

of a license by all persons fishing within the State

of of

GtheiosrgAiac1tt;oanpdr

escr for

i

be oth

pe er

nalties purpos

fo es.

r

the

violation

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 it shall be unlawful for any person to fish in any of the streams,lakes,or ponds whether tidewater or fresh water of this State in any County other than that of his residence or if in the County of his residence with any artificial bait,commonly known as plugs,wooden minnows,flies,spinners,or any other like bait or lure until such person shall have complied with the following regulations,to wit:
SECTION 2.

Be it further enacted by the authority aforesaid that no resident of this State shall fish in any of the waters of this State as described in Section 1 hereof by means of any artificial bait commonly known as plugs,wooden minnows,flies,spinners,or any other like bait or lure whether in the County of his residence or in any other County of the State without.first procuring from the Commissioner of Game and Fish an annual license for which there shall be charged and shall be paid the sum of $1.60.No resident of this State shall fish in any way or by any means in any of said waters of this State other than that of the County of his residence w1 thout first procuring trom the Commissioner of Game and Fish an annual license for which there shall be charged and shall be paid the sum of $1.60. No non-resident of this State shall fish in any of said waters her~in before described in any manner or by any means until such person shall have procured from the Commissioner of Game and Fish an annual license so to do for which there shall be charged and be paid the sum of $5.00.

SECTION 3.

Be it further enacted by the authority aforesaid

FRIDAY, FEBRUARY 1, 1935.

831

that the Commissioner of Game and Fish shall be and is hereby authorized to issue and sell annual licenses for fishing as provided in Section 2 hereof,the same to be dated April first of the year issued and expiring March thirty-first of the following year, and such commissioner is authorized to employ or designate agents for the sale of such licenses, to provide compensation for them not to exceed ten per cent. of the amount of such license and to prescribe rules and r egulati ons under which said licenses may be issued and the form of such licenses.
SECTION 4. Be it further enacted by the authority aforesaid that all money derived from the sale of licenses under the terms of this Act be set aside in a fund for the operation of the present hatcheries,the establishment of other hatcheries,the distribution of fish from such hatcheries to the waters of this State,the policing of the streams and waters of this State,and the protection of the fish therein.
SECTION 5. Be it further enacted by the authority aforesaid that any person violating any provision of this Act or fishing within any of the waters hereinbefore described of this State without having obtained and procured a license as provided for in this Act shall be guilty of a misdemeanor.
SECTION 6. Be it turtner enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed. The House was resolved into the Committee of the Whole House for the purpose of considering House Bill No.l07,with all substitu~es,and amendments,and the Speaker designated Mr.Watson of Paulding as the Chairman thereof.

832

JouRNAL oF THE HousE,

The Committee of the Whole House arose and through its Chairman,reported House Bill No.l07 back to the House with the recommendation that the same do pass, by substitute, as amended.

The following amendments to the Committee Substitute to House Bill No.l07 were read and adopted:

Messrs.Atwood of Mclntosh,Claxton of Camden,Caswell of Liberty move to amend Committee Substitute to House Bill No.l07 as follows: By striking the caption of said bill in its entirety and substituting in lieu thereof a new caption which shall read as follows:
A Bill

To be entitled an Act to provide an annual license

fee for persons fishing in this State in Counties



other than that of their residence; to regulate the manner of fishing;to provide for a non-resident

fishing license;to provide for the same of licenses

and the disposition of funds arising from such

sales; to prescribe penalties for the violation of

this Act;and for other purposes.

By adding the following Section:

Section 5-A.Be it further enacted by the authority aforesaid that the provisions of this Act shall not apply to the waters of this State East of the Seaboard Air Line,R.R. right of way,in Chatham,Bryan, Liberty,Mclntosh,Glynn and Camden Counties.

Mr.Lindsay of DeKalb moves to amend substitute to House Bill No.l07 by adding a new section Just before the repealing clause to read as follows: Section ..... This Act shall not apply to any person fishing in his own waters anywhere in this State.

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

FRIDAY, FBRL\RY 1, 1()3;),

833

On the passage of the bill,by substitute,as amendedithe roll call was ordered,and the vote was as to lows:

Those voting in the affirmative were Messrs. :

Adams Almand o:r Fulton Almand of Walton Anderson Ansley of DeKalb Ansley of Lee Arnall Atwood Bannister Barrett Batchelor Bennett Benton Bond Booth Bowden Black Blease Bloodworth Bradley Brinson Brisendine Brooks Brown of Greene Brown of Pike Camp Campbell

Culpepper of Fayette Darnell Daughtry Davis or Troup Deal Dobbins Dorris Douglass Durden Dyer Edwards of Lowndes Edwards of Stephens Ennis Etheridge Felton Flynt Fowler Freeman of Bibb Freeman of Early Gammage Gavin Gnann Grayson

Holland Horton Houston Howard of
Chattahoochee Howard of Screven Jackson of
Bleckley Jackson of Haber-
sham Joel Johnson Jones of Brantley Jones of Lumpkin Kelley Lanier Lee Leonard of .Muscogee Leonard of Walker Lewallen Lewis Lindsay McCranie McCutchen l1cGraw McKelvey

Saswell Claxton of Camden Claxton o:r Johnson Clements of Calhoun Clements of Wheeler Cobb Cohen Coleman Coxon Culpepper of Echols

Green Griffin of
Decatur Guess Hammock Hampton Hand Harris Harrison Hartsfield Herndon Head Hefner Henderson Hogan

McNall Mallory
Mann
Manning Marshall Milam Minchew Mitchell of Lamar Moore of Clayton Moore of Haralson Morris Moye Mundy Neal Newby

834

JouRNAL or THE HousE,

Parham

Sammon

Parker of

Settle

Colquitt

Shirah

Parker of Union Standard

Parks

Stephens

Parr

Sutton

Patten of Cook Swindle

Patten o! Tift Teas~ey

Peebles

Terrell o!

Perry

Hall

Peters

Terrell o!

Pound

Troup

Preston ot

Terrell o!

Bulloch

Warren

Preston o!

Thrasher

Walton

Toms

Ramsey

Townsend

Rawlins

Twitty

Ross

Warnell

Watkins Watson Weathers Welsch West Whaley Whitmire Williams o! Bacon Williams o!
Co! fee Williams of Jones Willingham Wilson Woods Wrench Young Zellner

Those voting in the negative were Messrs.:

Barnard

Groves

Sabados

Bland

McBride

Smith or Webster

Bush

McCracken

Williams of

Goolsby

Mills

Jackson

~See Appendix,Volume I,for those not voting.

The verification o! the roll call was dispensed

with.

On the passage o! the billiby substitute,as amended, the ayes were 160, nays 1.

The bill having received the requisite constitutional majority was passed,by substitute,as amende~

The report o! the Committee on Rules was not adopted.

Under the order o! business as fixed by the Rules Committee,and agreed to by the House,on yesterday, the following bill o! the House was taken up for consideration,and read the third time:

FRIDAY, FEBRUARY 1, 1935.

835

By Messrs.Sammons of Gwinnett,Lanier and Harris of Rich.nond, and others.
House Bill No.56.A bill to be entitled an Act to amend an Act to establish a Department of Insurance, so as to better regulate the business of life insurance companies,fraternal benefit societies, and similar companies or societies,doing business in this State,and for other purposes.

Mr.Sutton of Wilkes moved the previous question, and the motion prevailed.

The following amendment was adopted:

Mr.Culpepper of Fayette moves to amend House Bill No.56 by striking all of Section 5 and renumbering the remaining sections accordingly.

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 138,nays 6.

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

Mr. Culpepper of Fayette moved that the bill be immediately transmitted to the Senate, and the motion prevailed.

By unanimous consent, the following bills of the House were read the third tilne,and placed upon their passage: By Messrs. Lanier,Harris and Barrett of Richmond.
House Bill No.ll. A bill to be entitled an Act to amend 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 nays

oth. e

passage

of

the

bill,

the

ayes

were

103,

The bill having received the requisite constitu-

tional majority was passed.

836

JouRNAL oF THE HousE,

By Messrs.Lanier,Harrisiand Barrett or Richmond. House Bill No.l5.A bi 1 to be entitled an Act to
amend the Charter or the City or Augusta,so as to abolish the office or Mayor of the City or Augusta, and tor other purposes.

The report or the Committee,which was favorable to the passage or the bill, was agreed to.

On nays

toh. e

passage

or

the

bill,the

ayes

were

104,

The bill having received the requisite constitu-

tional majority was passed.

By Mr.Weathers or Jenkins. House Bill No.l7.A bill to be entitled an Act to
authorize the Boards or Commissioners or counties having a certain population to acquire land tor the purpose or creating public parks,and tor other purposes.

The report or the Committee I which was favorable to the passage or the bill, was agreed to.

On the passage or the bill,the ayes were 111,
nays o.

The bill having received the requisite constitutional majority was passed.

By Mr.Darnell or Pickens. House Bill No.l8.A bill to be entitled an Act to
provide tor the holding or three terms in each year ot the Superior Court or Pickens County,and tor other purposes.

The report or the Committee,which was favorable to the passage or the bill, was agreed to.

nayOsn.oth. e passage or the bill,the ayes were 105,
The bill having received the requisite constitutional majority was passed.

FRIDAY, FEBRUARY 1, 1935.

837

By Mr.Moye of Brooks. House Bill No.48.A bill to be entitled an Act to
amend an Act to incorporate the City of Quitma.n,and for other purposes.

The report of the Committee,which was favorableto the passage of the bill, was agreed to.

On nays

oth. e

passage

of

the

bill,the

ayes

were

106,

The bill having received the requisite constitu-

tional majority was passed.

By Mr.Terrell of Hall. House Bill No.62.A bill to be entitled an Act to
amend an Act to establish a system of public schools for Lula School District,and for other purposes.

The report 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 o.

The bill having receive4 the requisite constitutional majority was passed.

By Messrs.Thompson,Leonard and Brinson of Muscogee. House Bill No.63.A bill to be entitled an Act to
amend an Act to amend the Charter of the City or Columbus, and for other purposes.

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

On the passage of the bill, the ayes were 108,
nays o.

The bill having received the requisite constitutional majority was passed.

By Mr.Williams of Bacon. House Bill No.64.A bill to be entitled an Act to
authorize the Boards of County Commdssioners ot

838

JouRNAL or THE HousE,

certain counties to prescribe by resolution the time that the Chairman of said Board shall devote to the duties of his office,and for other purposes.

'I'he report of the Committee,which was favorable to the passage of the bill,was agreed to.

On nays

oth. e

passage

o+>

the

bill, the

ayes

were

112,

The bill having received the requisite constitu-

tional majority was passed.

Ey Mr.Williams of Bacon. House Bill No.65.A bill to be entitled an Act to
repeal an Act to establish a County Criminal Court in counties of a certain population,and for other purposes.

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

On the passage of the bill, the ayes were 113,
nays o.

The bill having received the requisite constitutional majority was passed.

By Yrr. Smith of Madison. House Bill No.l2.3.A bill to be entitled an Act to
abolish the City Court of l'ladison County ,and for other purposes.

'.i.'hc report of t:t:1e Coumittee, which was favorable t..o t~ne p2.ssage of tLe bill,was agreed to;.

Gn nays

otJ.;e

passaga

of

the

bill, the

ayes

were

1091

'J.'!',e l~ill h<lVing received ttw requisite constitu-

r_~_(nal rr:&jority wc:..s passed.

by :-.r .J.ln:and of Fu 1ton. Ern se Eill r-:o.lfl.A bill to be entitled an Act to
v.y.-_, '~1 e for the :x:.:nr:er:t of fees of the Justices 0f
:J ,:; t--'- ce ,_,:.:t or ('ry:nv.: funds in lic:n; of fines e.nd

FRIDAY, FEBRUARY 1, 1935.

839

forfeitures in counties of a certain population,and for other purposes.
The report of the Committee,which was favorable to the passage of the bill, was agreed to.

On nays

toh.e

passage

of

the

bill,the

ayes

were

121,

The bill having received the requisite constitutional majority was passed.

By Mess House

rs B

.H ill

artsf No.

i1e5ld21.

Ramsey A bill

and Almand of Fulton. to be entitled an Act

to amend an Act changing from the fee to the salary

system of certain officers in counties of a certain

population, and for other purposes.

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

On nays

oth. e

passage

of

the

bill,

the

ayes

were

115,

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

By Mr. Almand of Fulton. House Bill No. 187. A bill to be entitled an Act
to amend an Act providing for additional duties of coroners in counties having a certain population, and for other purposes.

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

On the passage of the bill, the ayes were 122,
nays o.

JouRNAL or THE HousE,

The bill having received the requisite constitutional majority was passed.

By Mr.Moore ot Haralson. House Bil1No.219.A bill to be entitled an Act to
amend an Act to create a Board of Commissioners ot Roads and Revenues tor the County ot Haralson,and tor other purposes.

The report or the Committee, which was favorable to the passage ot the bill, was agreed to.

On
nays

oth.e

passame

or

the

bill,

the

ayes were

110,

The bill having received the r&quisite constitutional majority was passed.

By Messrs.Hartstield,Almand and Ramsey or Fulton. House Bill No. 224. A bill to be entitled an Act
to provide that no person shall establ1sh a dance hall or museum park, etc., in counties of a certain population, without permission of the County authorities, and tor other purposes.

The report or ~he Committee,which was favorable to the passage of the bill, was agreed to.

On the passage or the bill, the ayes were 116,
nays o.

The bill having received the requisite constitutional majority was passed.

By Messrs. Ramsey, Hartstield,and Almand ot Fulton. House Bill No. 225. A bill to be entitled an Act
to authorize the Board or Education in any county of a certain population to create a retirement fund for teachers and employees of countv school system,and for otper purposes.

FRIDAY, FEBRCARY 1, 1935.

841

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

On nays

oth. e

passage

of

the

bill,

the

ayes

were

117,

The bill having received the requisite constitutional majority was passed. By Messrs. Ramsey, Hartsfield and Almand of Fulton.
House Bill No.226. A bill to be entitled an Act to authorize the Boards of Education in all counties of the State having a certain population, to borrow money for the operation of schools, and for other purposes.

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

On nays

ot h. e

passage

of

the

bill,

the

ayes

were 117,

The bill having received the requisite constitutional majority was passed.

By Mr.Garrett of Carroll. House Bill No. 339. A bill to be entitled an Act
to provide for the preparation and exhibition of ballot boxes in all primary elections held in any cou~ t,y having a certain population, and for other purposes.

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

On th~
nays o.

passage

of

the

bill,

the

ayes

were

119 1

842

JouRNAL oF THE HousE,

The bill having received the requisite constitutional majority was passed.

By Mr.Goolsby or McDuffie. House Bill No. 354. A bill to be entitled an Act
to vest in the Tax Collector in counties or a certain population all the powers or Sheriffs relative to the collection or tax ti .ras and tor other purposes.

The report or the Committee, which was favorable to the passage or the bill, was agreed to.

On nays

oth.e

passage

or

the

bill,

the

ayes

were

119,

The bill having received the requisite constitutional majority was passed.

By Messrs. Hartstield,Almand and Ramsey or Fulton. House Bill No. 362. A bill to be entitled an Act
to enlarge and more clearly define the duties and powers or county boards or tax assessors 1n counties or a certain population, and tor other purposes.

The report or the Committee,which was favorable to the passage or the bill, was agreed to.

On nays

oth. e

passage

or

the

bill,

the

ayes

were

ll4,

The bill having received the requisite constitutional majority was passed.

Mr.Sabados or Dougherty moved that the House do now adjourn until Monday morning, ~ebruary 4th, at 10:00 o'clock, and the motion prevailed.

FRIDAY, FEBRCARY 1, 1935.

843

Leaves ot absence were granted to Messrs. Culpepper ot Echols, Jones ot Brantle,y, Daugbtry ot Wilkinson, and Parker ot Colquitt.
The Speaker announced the House adjourned until Monday morning at 10:00 o'clock.

844

JouRNAL OF THE HousE,

Representative Hall, Atlanta,Ga.

Monday, February 4th, 1935.

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

Camp

Edwards of Ste-

Allen

Campbell

phens

Almand of Fulton Caswell

Ennis

Almand of Walton Claxton of Cam- Etheridge

Anderson

den

Felton

Ansley of DeKalb Claxton of John- Flynt

Ansley of Lee son

Fowler

Arnall

Clements of Cal- Freeman of Bibb

Atwood

houn

Freeman of Early

Bannister

Clements of

Gammage

Bargeron

Wheeler

Gardner

Barnard

Cobb

Garrett

Barrett

Cohen

Gavin

Batchelor

Coleman

Gilbert

Bennett

Coxon

Gnann

Benton

Culpepper of Ec- Goolsby

Bond

hols

Grayson

Booth

Culpepper of Green

Bownden

Fayette

Griffin of Decatur

Black

Darnell

Griffin of Floyd

Bland

Daughtry

Groover

Blease

Davis of MitchellGroves

Bloodworth

Davis of Troup Guess

Bradley Brinson Brisendine Brooks Brown of Glynn Brown of Greene Brown of Pike Burgin

DDeeaanl DeLoach Dobbins Dorris
Dou~lass
Duren Dyer Edwards of

Hannnock Hampton Hand Harris Harrison Hartsfield Herndon He::td

Bush

Lowndes

Hefner

l\1mmAL FEBRL\RY '1, lrt3:J.

845

Henderson Hogan Hogg

l11lls l11nchew

Settle Shedd

M1 tchell of La- Shirah

Holland Hooks

mar Mitchell

of

Tal-

Smith Smith

of of

Madison Webster

Horton

iaferro

Spivey

Houston

Moore of Clayton Standard

Howard of Chat- Moore of Haral- Stephens

tahoochee

son

Sutton

Howard of Screv- Morris

en

Moye

Jackson of

Millldy

Swann
Swindle Teasley

Bleckley

Musgrove

Terrell of Hall

JackSon of Hab- Neal

ersham

Newby

Joel

Oden

Terrell of Troup Terrell of Warren Thompson

Johnson Johnston

Parham Parker of Col-

Thrasher Tipton

Jones of Brant- quitt

Toms

ley

Parker of Union Townsend

Jones of Lumpkin Parks

Twitty

Kelley Lanier Lee

Parr Patten ot Cook Patten of Tif,:

Warnell Watkins Watson

Leonard of Mus- Peebles

Weathers

co gee

Peek

Weeks

Leonard of Walk- Perry

er

Peters

Welsch West

Lewallen

POillld

Whaley

Lewis

Preston of Bul- Whitmire

Lindsay

loch

Williams of Ba-

McBride

Preston of Wal- con

McCracken McCranie

ton Ramsey

Williams of Coffee

McCutchen McGraw

Rawlins Ray

Williams of Jackson

McKelvey

Reagan

Williams of Jones

McNall

Ross

Willingham

Mallory Mann

Sabados Salter

Wilson Woods

Manning

Sammon

Wrench

1:1arshall

Sartain

Young

1:1artin Milam

Saunders Scruggs

Zellner Mr. Speaker

<35)See Appendix~Volume !,for absentees.

846

JouRNAL OF THE HousE,

Mr. Preston of Bulloch, Chairman of the Co~ttee on Journals, reported that the Journal of yesterd~'s proceedings had been read and found correct.
By unanimous consent, the reading or the Journal was dispensed with.
The Journal was confir.med. By unanimous consent the following was established as the order of business, during the first part or the period of unanimous consents: 1. Introduction of bills and resolutions under the Rules of the House. 2. Reports of Standing Committees. 3. Second reading of bills ~nd resolutions,favorably reported; 4. Passaga of local uncontested House Bills. 5. First reading and reference or Senate Bills. 6. Third reading and passage of House Bill No. 284. By unanimous consent, the following bills and resolutions of the House were introduced,read the first time, and referred to the Committees: By Mr. McCracken of Jefferson. House Bill No. 475. A bill to be entitled an Act to amend an Act changing the board of roads and revenue of Jefferson County, and for other purposes. Referred to Committee on Counties and County Matters. By Messrs. Arnall and Dyer of Coweta. House Bill No. 476. A bill to be entitled an Act to prohibit Ordinaries and/or Clerks of Superior Court from giving legal advice to parties having interest in proceedings in their courts. Referred to Committee on Special Judiciary. By Messrs. Benton of Jasper, Dobbins of Morgan, Leonard of Muscogee and Harris of Richmond. House Bill No. 477. A bill to be entitled an Act

Mo~DAY, FEBRCARY 4, 1933.

84?

to regulate the practice of professional engineerin~ creating a State board of registration for same,and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Williams of Coffee. House Bill No. 478. A bill to be entitled an Act
to amend an Act abolishing the offices of Tax Receiver and Tax Collector of Coffee County, to provide that tax commissioner shall collect and retain certain fees, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Williams of Coffee.
House Bill No. 479. A bill to be entitled an Act to provide for the levy of tax in Coffee County for support of paupers,and for other purposes.
Referred to Cormni ttee on Counties and County Mar<ters.
By Messrs. Bloodworth,Bowden and Freeman of Bibb. House Bill No. 480. A bill to be entitled an Act
to amend an Act creating the Municipal Court of the City of Macon,and for other pur~oses.
Referred to Committee on Municipal Government. By Mr.Moore of Clayton.
House Bill No. 481. A bill to be entitled an Act to amend an Act incorporating the town of Forest Park,and for other purposes.
Referred to Committee on Municipal Government. By Mr.Barnard of Towns.
House Bill No. 482. A bill to be entitled an Act to repeal an Act approved March 1, 1933 found Acts 1933 page 52, to provide for election of County School Superintendents in certain counties, and for other purposes.
Referred to Committee on Counties and County Matters.

848

JouRNAL OF THE HousE,

By Mr. Zellner of Monroe. House Bill No. 483. A bill to be entitled an Act
to provide !or the continuous succession and lite ot corporations created !or churches,schools, and tor other purposes.
Referred to Committee on Corporations. By Mr. Harris of Richmond.
House Bill No. 485. A bill to be entitled an Act to amend Section 113-2004 or the Code so as to authorize the Ordinary to make allowances to administrators, and !or other purposes.
Referred to Committee on General Judiciary No.2. By Messrs. Gnann of E!!ingham,Freeman and Bloodworth or Bibb, Head or Catoosa,McNall and Cohen of Chatham.
House Bill No. 484. A bill to be entitled an Act to increase the mileage of the State Aid Road System by including a road in Effingham County,and for other purposes.
Referred to Committee on Public Highways No.2. By Messrs. Hand of Mitchell,Groves or Lincoln and Durden of Dougherty.
House Bill No. 486. A bill to be entitled an Act to amend an Act which requires all barbers to be registered, so as to exclude counties having a population or 30,000 or less, and for other purposes.
Referred to Committee on Hygiene and Sanitation. By ~Mr. Adams ot Franklin.
House Bill No. 487. A bill to be entitled an Act to amend an Act so as to add mileage to the State Aid Road System by including a road in Franklin County, and for other purposes.
Referred to Committee on Public Highways No. 2. By Mr. Claxton of JohnSon.
House Bill No. 488. A bill to be entitled an Act

MoNDAY, FEBRCARY 4, 1935.

849

to amend Section 1140 or the Code or 1910 so as to provide tor the regulation or and release or property under tax liens, and tor other purposes.
Referred to Committee on Counties and County Matters. By Mr. Garrett of Carroll.
House Resolution No. 101-488a. A resolution proposing an amendment to the Constitution changing the term or office or the members or the House or Representatives to tour years, and !or other purposes.
Referred to Committee on Amendments to Constitution No. 2. By Mr. Johnson ot Seminole.
House Bill No. 489. A bill to be entitled an Act to amend Chapter 92-25 or 1933 Code to increase tax on insurance company on premiums !rom 1-i% to 2-1/4%, and tor other purposes.
Referred to Committee on Insurance. The following message was received !rom the Senate through Mr. Hammond, the Secretary thereof: Mr. Speaker: The Senate has concurred in House amendment to the following resolution or the Senate, to wit: By Senator Redwine of the 26th District. Senate resolution No. 10. A resolution proposing to the qualified voters or the State of Georgia an Amendment to the Constitution of Georgia,changing the terms or office or the Governor and other constitutional State officers, and tor other purposes. Mr. Peters of Meriwether County, Chairman of the Committee onBanks and Banking, submitted the following report:

850

JouRNAL OF THE HousE,

Mr. Speaker:
Your Committee on Banks and Banking have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 215, do pass. House Bill No. 298, do pass.
Respectfully submitted, Peters of Meriwether, Chainn.an.
Mr. Johnson of Seminole County, Chairman of the Committee on General Agriculture No. 2, submitted the following report:
Mr. Speaker:
Your Committee on General Agriculture No. 2 have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendation:
House Bill No. 394, do pass. Respectfully submitted, Johnson of Seminole, Chairman.
Mr. Terrell of Troup County, Chairman of the Committee on Special Appropriations,submitted the following report: 11r .Speaker:
Your Committee on Special Appropriations have had under consideration the following bill of the House and have instructed me as Chairman to report the sdaamteionb:ack to the House with the foilowing recommen-
House Bill No. 450, do pass. Respectfully submitted, Terrell of Troup, Chairman.

MoNDAY, FEBRUARY 4, 1935.

851

By unanimous consent, the following bills or the House, favorably reported,were read the second time: By Mr. Almand of Walton.
House Bill No. 215. A bill to be entitled an Act to amend section 1249 or Code or Georgia or 1910,providing for the selection by the Governor of banks in certain cities and towns therein named as State Depositories and the several acts amendatory thereof, so as to add certain cities and towns to the lists or such towns, and for other purposes.
By Mr. Allen of Baldwin.
House Bill No. 298. A bill to be entitled an Act to amend the Banking law as Codified in title 13,of the Code of 19331and for other purposes.
By Mr. Jackson of Bleckley.
House Bill No. 450. A bill to be entitled an Act to appropriate the sum of $150,000.00, or as much thereof as may be necessary, for the purpose or establishing,equipping and maintaining a State printing plant for the publishing and printing or all text books used in the public schools, and all other public printing of all the Departments, of the State by convict labor, and for other purposes. By Messrs. Benton or Jasper and Zellner of Monroe.
House Bill No. 394. A bill to be entitled an Act to regulate the distribution and sales of milk, 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. Woods and Spivey of Emanuel.
House Bill No. 97. A bill to be entitled an Act to amend an Act to establish the City Court of Swainsboro, and for other purposes.
The report or the Comrni ttee, which was favorable to the passage of the bill, was agreed to.

852

JouRNAL OF THE HousE,

On nays

toh. e

passage

of

the

bill,

the

ayes

were

104,

The bill having received the requisite constitutional majority was passed.

By Mr. Shedd of Wayne. House Bill Nc. 172. A bill to be entitled an Act
to amend an Act establishing the City Court of Jesup, and for other purposes.

The re~ort of the Committee, which was favorable to the passage of the bill, was agreed to.

On nays

oth. e

passage

of

the

bill,

the

ayes

were

105,

The bill having received the requisite constitutional majority was passed.

By Messrs. Hartsfield, Almand and Ramsey of Fulton. House Bill No. 349. A bill to be entitled an Act
to provide that any county having a city or part of a city with a population of 200,000 or more to .enter into contractual agreements with counties with reference to the treatment of sewerage, and for other purposes.

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

On the passage of the bill, the ayes were 103, nays 0.

The bill having received the requisite constitu~ tional majority was passed.

By I""J!'. Swann of Grady. House Pill No. 369. A bill to be entitled an Act
to amend the Act creating the City Court of Cairo, and for other purposes.

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

MoNDAY, FEBRL\RY 4, 1\13;).

853

On nays

toh. e

passage

of

the

bill,

the

ayes

were

106,

The bill having received the requisite constitutional majority was passed.

By Mr. McGraw of Meriwether. House Bill No. 417. A bill to be entitled an Act
to amend an Act to provide for holding four terms in each year of the Superior Court of Meriwether County, and for other purposes.

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

On nays

oth. e

passage

of

the

bill,

the

ayes

were

107,

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 Messrs. Preston and Deal of Bulloch. House Bill No. 284. A bill to be entitled an Act
to abolish the fee system now existing in the Superior Courts of the Ogeechee Judicial Circuit, as applied 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 nays

oth. e

passage

of

the

bill,

the

ayes

were

108,

The bill having received the requisite constitutional majority was passed.

By unanimous consent, the bill was ordered immediately transmitted to the Senate.

854

JouRNAL oF THE HousE,

Mr. Flynt or Spalding asked unanimous consent, that the report or the special committee~appointed to consider House Bill No. 7 the State Highway Patrol Bill, be postponed untii next Monday,February 11, and the request was not granted.
Mr. Sutton of Wilkes arose to a question of personal privilege and addressed the House.
Mr~ Edwards of Lowndes arose to a question or personal privilege and addressed the House.
Mr. Harris of Richmond moved that further consideration of House Bill No. 7, the State Police Patrol Bill, be postponed until Next Monday, February 11, immediately after the expiration of the period of unanimous consents, and the motion prevailed.
The following resolution was read: By Mr. Townsend of Dade.
House Resolution No. 102. A Resolution: Whereas, the question of relieving the local tax burden is acute and the subject of great concern to the people of the State of Georgia is manifested at meetings of taxpayers leagues in the various counties or the State and other meetings of interested groups in which meetings the legislature has been urged to adopt a system or taxation that would relieve these burdens under the ad valorem tax system; and,
Whereas, the General Assemblies or South Carolina, Tennessee, Alabama, and North Carolina,adjoining States to Georgia, are now in session, and !rom present reports these Assemblies are racing similar situations in their respective States;and,
Whereas in the enactment or a tax program all o:t the States of the southeast are in very much o:t the same general cond1t1on,be1ng agricultural States,and by location,citizenry and general conditions very much adapted to the same general program o:t taxation; and,

MoNDAY, FEBRUARY 4, 1935.

855

Whereas, if these States could work together on a general tax program it would be beneficial to all; now,
Therefore be it resolved by the House of Representatives or the State of Georgia that the Speaker be authorized to appoint a committee or committees from this House to confer with a like committee or committees from these other States on the question of taxation at such time and place as may be agreed upon by such committees,arter and when such other States signify a willingness to so confer; the actual expenses of such Committees to be paid from the proper fund; and
Be it further resolved that a copy or this Resolution be sent to the Speaker or the House or Representatives of each or the aforesaid States,with request for an answer on their part as to whether they wish to so confer, and under what terms.
Mr. Sabados of Dougherty moved the previous ques-
tion, and the motion prevailed. The resolution was adopted. By unanimous consent, the following bill of the
House was withdrawn from further consideration of the House: By Mr. Hartsfield of Fulton.
House Bill No. 139. A bill to be entitled an Act to amend Title 92, Public Revenue,by adding a proviso exempting grocers,etc.,selling coal in bags, and tor other purposes.
The following resolution of the House was read and adopted: By Mr. Dobbins or Morgan.
House Resolution No. 103. A Resolution. Whereas, the General Assembly of Georgia by an Act approved March 15th, 1933 ordered the sale of all State owned automobiles with the exception ot the car used by

856

JouRNAL oF THE HousE,

the Governor and allocated and ordered the proceeds arising from said sale to be paid to the common school fund of the State of Georgia, and
Whereas, it appears that said automobiles have been sold and none of said funds have been paid to the common school fund of the State of Georgia,
Therefore, be it resolved by the House,that the Speaker of the House is authorized and instructed to appoint a committee of five to investigate the sale of said automobiles and the status of said funds arising from said sales and report back to the House their findings within a period of seven days from the adoption of this resolution.
Be it further resolved that this said Committee is hereby authorized to subpoena witnesses and to compel them to testify on oath during its deliberation~
Under the provisions of the above resolut1on,the Speaker appointed the following members of the House as a Committee:
Messrs. Dobbins of Morgan, Flynt of Spalding, Sabados of Dougherty, Swindle of Berrien, and Peters of Meriwether.
Mr. Sabados of Dougherty moved that it is the sense of the House th~t all visiting Committees should leave on their inspection tour and vis1~s,the same week end, and the motion prevailed.
Under the regular order of business,the following bill o:f the House was taken up for cons !deration, and read the third time: By Messrs.Lan1er,Harr1s and Barrett of Richmond,and Dobbins of Morgan
House Bill No. 13. An Act to fix a,'. Annual license tax on every

.:\1oNDAY, FEBRCARY 4, Hl35.

857

person,firm,corporation or association engaged in the business of operating or maintaining 1n this State under the same general management,supervision or ownership one or more stores or mercantile establishments where goods,wares and/or merchandise are offered for sale at retail; and to provide for the collection thereof by the tax collectors in the different counties in the State of Georgia, and for the transmission the~eto to the State of Georgia,and to appropriate the first $70,000 raised by said Tax to the Board of Eleemosynary Control of Georgia, and for other purposes.

Section l. Be it enacted by the General Assembly of the State of Georgia: Every person,firm or corporation or association engaged in the business of operating or maintaining in the State of Georgia under the same general management,supervision or cwnership one or more stores or mer~antile establishments where goods,wares and/or merchandise are offered for sale at retail, shall pay the State of Georgia an annual license tax, in addition to all other license fees of charges,for each store or mercantile establishment,s1tuated in the State of Georgia,in accordance with the following schedule:

First store Second store Third store Fourth store Fiftll store Sixth store Seventt"i store Eigl1th store Ninth store Tenth store Eleventh store Twelfth store Thirteenth store Fourteenth store Fifteenth store Sixteenth store Seventeenth store Eigh tee'itll store

$ 1.00 5.00 10.00 15.00 20.00
25.00
30.00 35.00
4C. Gf)
t.t-5. 0(J
50.00 55.00 60.00 65.00 70.00
75.00 JO.GO
85.00

858

JouRNAL oF THE HousE,

Nineteenth store

$ 90.00

Twentieth store

95.00

Twenty-first store

100.00

Twenty-second store

105.00

Twenty-third store

110.00

Twenty-fourth store

115.00

Twenty-fifth store

120.00

Twenty-sixth store

125.00

Twenty-seventh store

130.00

Twenty-eighth store

135.00

Twenty-ninth store

140.00

Thirtieth store .

145.00

For each store in excess ot thirty stores,an an-

nual tax of One Hundred and Forty-Five Dollars

($145.00)tor each store: PROVIDED,That the tax here-

in imposed shall not apply to gasoline tilling

stations.

Section 2. For the purposes ot grading and determ-

ining the amount of tax herein provided it is here-

by declared to be the purpose and intenf of this Act

to consider any person,firm,corporation or associa-

tion which ultimately controls or directs the manage-

ment or control ot any stores or other mercantile

establishments,or group or association ot stores or

mercantile establishments,whether the same be oper-

ated under separate charter or not.

Section 3. That for the year 1935 the taxes herein provided for shall be paid the State ot Georgia, by paying the tax collector in each county of the State ot Georgia where such store or stores are operated,on or before the first day of September,l935; and that tor the years thereafter the said license taxes shall be paid the State of Georgia by paying the tax collectors in the county or counties where such store or stores are located,on or before the first day of April, of each year thereafter.

Section 4. That the tax collectors throughout the State ot Georgia in the counties in Which this license tax shall operate,shall collect such taxes as herein provided and remit the same to the State of Georgia as all other taxes by them collected tor the State ot Georgia are remitted to the State of Georgia.

MoNDAY, FEBRCARY 4, Hl3.).

859

Section 5. That any person,f1rm~corporat1on or association liable for the tax here1n provided for, who shall fall to comply with any lawful regulations, or who shall fall to pay the tax herein,within the time provided shall be guilty of misdemeanor.
Section 6. Be 1t further enacted,that in calculating the number of stores operated by any person,f1rm, corporation or association that no County,C!ty or Municipal corporations shall be the unit for making such calculat!ons,but the State of Georgia as a whole shall be the unit wherein the calculation is to be made as to the number of stores,and each person,f1rm, corporation or association making its tax returns as herein provided,shall recite in such tax returns the number of stores operated throughout the State of Georgia.
Section 7. The provisions of this Act shall not apply to any person,firm or corporation engaged in the business of operating or maintaining any store or other mercantile establishment of any kind or character where the total average value of such goods, wares or merchandise does not exceed the sum of ~ Hundred ($300.00) Dollars.
The first $70,000 raised under the provisions of this Act is hereby appropriated for capital investment,including repairs and/or equipment and/or replacements where necessary,to the Board of Eleemosynary Control of Georgia for the use and benefit of the Georgia Training School for Mental Defectives at Gracewood,Ga., and the State Treasurer is hereby authorized to pay over to said Board said $70,000 and/or all fractural parts thereof as it accumulates.
Section 8. That all laws and parts of laws in conflict with this Act, be, and the same are, hereby repealed.
Section 9. This Act shall take effect immediately upon its approval by the Governor of the State of Georgia.

860 .

JouRNAL or THE HousE,

The House was resolved into the Committee of the Whole House for the purpose of considering House Bill No. 13, with all amendments, and the Speaker designated l'1r. Sabados of Dougherty as the Chairman thereof.
The Committee of the Whole House arose and through its Chairman, reported House Bill No. 13, back to the House with the recommendation that the same do pass, as amended.
Mr. Harris of Richmond moved the previous question on the bill, together with all amendments.
Mr. Edwards of Lowndes moved that the House do now adjourn, and the motion was lost.
The motion for the previous question prevailed. The following amendments were adopted: Committee amends House Bill No. 13 by striking Section seven (7) in its entirety and inserting a new Section to be numbered Section seven (7) to read as follows: The first $70,000 (seventy thousand dollars)raised shall be paid to the Board of Control of the Eleemosynary Institutions for the benefit of the Georgia Training School for Mental Defectives at Gracewood, for capital investment. Mrs. Coxon of Long moves to amend House Bill No. 13 by inserting the following language at the end of Section 7: That the second $70,000 derived from said tax should be allotted to the Sanitarium at Alto,for the erection of a new building and the furnishing thereof. Mr. Allen of Baldwin moves to amend House Bill No. 13 b~ adding after the last word of Paragraph seven (7) the following: After the $70,000 is paid

MoNDAY, FEBRUARY 4, 1933.

861

to the Georgia School tor Feeble Minded and after the $70,000 is paid to Alto, the balance of the first year income shall be paid to the Board ot Eleemosynary Control tor use and benefit ot Milledgeville State Hospital.

Mr. Harris ot Richmond moves to amend House Bill

No. 13 by striking from the end of Section one the

following langu herein imposed

age sha

to wi ll not

t: a

p

"pplyrotvoidegda1stohliante

t

he til

tax ling

stations".

Mr. Swindle ot Berrien moves to amend House Bill No. 13 so as to include trucks operating as retail peddlers under control or jurisdiction or any person1tirm or corporation and said tax shall apply as same as to stores.

The report ot the Committee,whichwas favorable to

the passage as amended.

or

the

bill1

as

amended 1

was

agreed

to~

On call

the was

passage ordered

1

ot and

t

he the

bviollte1

as amendedi the roll was as fol ows: .

Those voting in the affirmative were Messrs.:

Adams

Brinson

Deal

Allen

Brisendine

Dean

Anderson

Brooks

DeLoach

Ansley of DeKalb Brown of Pike Dobbins

Ansley of Lee Burgin

Douglass

Arnall

Camp

Dyer

Bannister

Campbell

Edwards ot Ste-

Bargeron

Claxton of John- phens

Barnard

son

Felton

Barrett

Clements ot Cal- Flynt

Batchelor

houn

Freeman of Early

Benton

Cobb

Gammage

Bond

Cohen

Gardner

Booth Black Bland Bloodworth

Coleman Coxon Darnell Davis of Troup

Garrett Gilbert Gnann Grayson

862

JouRNAL or THE HousE,

Green

Manning

Salter

Griffin of

Marshall

Sannnon

Floyd

Martin

Sartain

Groover

Milam

Scruggs

Groves

Minchew

Settle

Guess

Mitchell of La- Shedd

Hannnock

mar

Smith of Webster

Hand

Mitchell of Tal- Spivey

Harris

iaferro

Stephens

Harrison

Moore of Clayton Sutton

Herndon

Moore of Haral- Teasley

Henderson

son

Terrell of Troup

Hogan

Morris

Terrell of Warren

Hogg

Moye

Thompson

Holland Hooks

Mundy Musgrove

TThiprtaosnher

Howard of Chat- Neal

Townsend

tahoochee

Newby

Twitty

Joel

Oden

Watkins

Johnson

Par.ker of Union Weathers

Kelley

Parks

Weeks

Lanier

Parr

Welsch

Leonard of Walk- Patten of Tift Whaley

er

Peek

Williams of Bacon

Lewallen

Perry

Williams of Cot-

Lewis

Peters

fee

Lindsay

Pound

Williams of Jack-

McCracken

Preston of Bul- son

McCranie

loch

Williams of Jones

McCutchen

Preston of Wal- Willingham

McGraw

ton

Wilson

McKelvey

Ramsey

Woods

McNall

Ray

Wrench

Mallory

Ross

Zellner

Sabados

Those voting in the negative were Messrs.:

Almand of Fulton Claxton of cam-

Atwood

den

Blease

Culpepper of

Bradley

Fayette

Bush

Durden

Caswell

Edwards of

Lowndes

Griffin of Decatur Hampton Hartsfield Head Horton Jackson of Blackley

MoNDAY, FEBRUARY 4, 193::i.

863

Jackson of Hab- Parham

Smith or Madison

ersham

Patten of Cook Toms

Jones of Brantley Shirah

Whitmire

~See Appendix,Volume I,for those not voting. By unanimous consent, the verir1cation or the roll call was dispensed with.

On the passage of the bill, as amended, the ayes were 141, nays 24.

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

Mr. Edwards of Lowndes gave notice that at the proper time he would move that the House reconsider its action in passing House Bill No. 13, as amended.

Mr. Sabados of Dougherty moved that House Bill No. 13, as amended, be immediately transmitted to the Senate, and the motion prevailed.

The bill was ordered immediately transmitted to the Senate.

Mr. Harris or Richmond moved that the House do now adjourn, and the motion prevailed.

Leaves of absence were granted to Messrs. Sutton or Wilkes, Morris of Douglas, Johnson of Bartow,Clements of Wheeler,McBride of Montgomery.

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

864

JouRNAL OF THE HousE,

Representative Hall, Atlanta,Ga.

Tuesday, February 5th,l935.

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 Allen Almand of Almald of Anderson

Fulton Walton

Campbell Caswell Claxton of
den Claxton of

CamJohn-

Ennis Etheridge
Felton Flynt

Ansley of DeKalb son

Fowler

Ansley of Lee Clements of Cal- Freeman of Early

Arnall

houn

Gammage

Atwood

Clements of

Gardner

Bannister

Wheeler

Garrett

Bargeron

Cobb

Gavin

Barnard

Cohen

Gilbert

Barrett

Coleman

Gnann

Batchelor

Coxon

Goolsby

Bennett

Culpepper of Ec- Grayson

Benton

hols

Green

Bond

Culpepper of

Griffin.of Decatur

Booth

Fayette

Griffin of Floyd

Bowden

Darnell

Groover

Black

Daughtry

Groves

Bland

Davis of Troup Guess

Blease

Deal

Harrrrnock

Bloodworth

Dean

Hampton

Bradley

DeLoach

Hand

Brinson

Dobbins

Harris

Brisendine

Dorris

Harrison

Brooks

Douglass

Hartsfield

Brown of Glynn Durden

Herndon

Brown of Greene Dyer

Head

Brown of Pike Edwards of

Hefner

Burgin

Lowndes

Henderson

Bush

Edwards of

Hogan

Camp

Stephens

TcESD.\Y, FEBRL\RY :i, 193:1.

865

Hogg

Mitchell of Tal- Smith of Webster

Holland

iaferro

Spivey

Hooks

Moore of Clayton Standard

Horton

Moore of Haral- Stephens

Houston

son

Sutton

Howard of Chat- Morris

Swann

tahoochee

Moye

Swindle

Howard of Screv- Mundy

Teasley

en

Musgrove

Terrell of Hall

Jackson of Bleck- Neal

Terrell of Troup

ley

Newby

Terrell of War-

Jackson of Hab- Oden

ren

ersham

Parham

Thompson

Joel

Parker of Col- Thrasher

Johnson

quitt

Tipton

Johnston

Parker of Union Toms

Jones of Brant- Parks

Townsend

ley

Parr

Twitty

Jones of Lumpkin Patten of Cook Warnell

Kelley

Patten of Tift Watkins

Lanier

Peebles

Watson

Lee

Peek

Weathers

Leonard of Musco- Perry

Weeks

gee

Peters

Welsch

Leonard of Walker Pound

West

Lewallen

Preston of Bul- Whaley

Lewis

loch

Whitmire

Lindsay

Preston of Hal- Williams of Ba-

McBride

ton

con

McCracken

Ramsey

Williams of Cof-

McCranie

Rawlins

fee

McCutchen

Ray

Hilliams of Jack-

.McGraw

Reagan

son

.McKelvey

Ross

Hilliams of Jones

.McNall

Sabados

Willingham

Mallory

Salter

Wilson

Mann

Sa.rrunon

Woods

Manning

Sartair:

Wrench

Marshall

Saunders

Young

.Martin

Scruggs

Zellner

.Milam

Settle

Mr. Speaker

Mills

Shedd

Minchew

Shirah

Mitchell of Lamar Smith of Madison

See Appendix,Volume I,for absentees.

866

JouRNAL or THE HousE,

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

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following bill of the Senate to wit:

By Senator Lester of the 18th District. Senate Bill No. 31. A bill to be entitled an Act
to amend the Workman's Compensation Act by adding a new section requiring insurance companies and persons or corporations insuring the payment of compensation to employees as provided by said Act to obtain permits from the Department of Industrial Relations; and for other purposes.

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

By Messrs. Thrasher of Turner and Arnall of Coweta.

House Resolution No. invitation to Honorable

9D7.anAierlecso. lRutoipoenr,

extending an Secretary

of Commerce of the United States to address a joint

session of the General Assembly.

Mr. Preston of Bulloch, Chairman of the Committee on Journals, reported that the Journal of the proceedings of yesterday had been read and found correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent,the following was established as the order of business,during the first part ot the period of unanimous consents:
1. Introduction of bills and resolutions under the Rules of the House.
2. Reports of Standing Committees.

TuESDAY, FEBRUARY 5, 1935.

867

3. Second readings of bills and resolutions,favorably reported.
4. Third reading and passage of local uncontested House Bills.
5. First reading and reference of Senate Bills and Resolutions.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof: Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the House as amended,to wit:
ay Mr. Rivers of Lanier.
House Bill No. 5. A bill to be entitled an Act to define the status of the Regents of the University System of Georgia and of the members of the Board of Regents of the University System 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: By Messrs. Bennett of Ware; Arnall of Coweta;Spivey of Emanuel; Peters of Meriwether; Mundy of Polk; Pound of Hancock and Harris of Richmond.
House Bill No.490. A bill to be entitled an Act to amend the Co-operative Marketing Act so as to provide that associations engaged in activities in connection with producing;might be included,and for other purposes.
Referred to Committee on Special Judiciary. By Messrs. Bennett of Ware; Arnall of Coweta;Spivey of Ernanuel;Mundy of Polk; Peters of Meriwether;Pound of Hancock and Harris of Richmond.
House Bill No. 491. A bill to be entitled an Act to amend an Act entitled Powers of sale in deeds of trust, and for other purposes.
Referred to Committee on Special Judiciary.

868

JouRNAL oF THE HousE,

By Messrs. Bennett of Ware;Arnall of Coweta;Spivey of Emanuel;Mundy of Polk;Peters of Meriwether;Pound of Hancock and Harris of Richmond.
House Bill No. 492. A bill to be entitled an Act to provide that the finding of a court of competent jurisdiction in sanity cases shall on date of rendition be conclusive, and for other purposes.
Referred to Committee on Special Judiciary. By Messrs. Bennett of Ware;Arnall of Coweta;Spivey of Emanuel;.Mundy of Polk;Peters of Meriwether;Pound of Hancock and Harris of Richmond.
House Bill No. 493. A bill to be entitled an Act to provide that any person discharged from Milledgeville State Hospital shall after said date be prima ;acta. presumed to be of sound mind, and for other purposes.
Refet'ted to Committee on Special Judiciary. By Messrs. Bennett of Ware;Arnall of Coweta;Spivey of Emanuel;Mundy of Polk;Peters of Meriwether;Pound of Hancock and Harris of Richmond.
House Bill No. 494. A bill to be entitled an Act to provide that prescription shall not run. against the owner or holder of a mortgage or deed,or other instruments creating a lien or conveying an interest in favor of a person who has actual notice, and for other purposes.
Referred to Committee on Special Judiciary. By Mr. Almand of Fulton.
House Bill No. 495. A bill to be entitled an Act to provide for the modification of decrees with reference to permanent alimony, and for other purposes.
Referred to Co~~ittee on Special Judiciary. By Mr. Williams of Coffee.
House Bill No. 496. A bill to be entitled an Act amending the Secur1 ties Act so as to regulate the licensing of agents, and for other purposes.
Referred to Committee on State of the Republic.

Tt:ESDAY, FEBRUARY 5, 1935.

869

By Mr. Brisendine of Peach. House Bill No. 497. A bill to be entitled an Act
to provide for the holding of four terms a year of Superior Court in Peach County, and for other purposes.
Referred to ComL1ittee on Special Judiciary. By I'1r .' McBride of Montgomery.
House Bill No. 498. A bill to be entitled an Act to abolish the offices of tax collector and tax receiver of Montgomery County and create the officeof tax commissioner, and for othe;r purposes.
Referred to Committee on Counties andCounty Mat-
te.rs
By Mr. Newby of Dooly. House Bill No. 499. A bill to be entitled an Act
to amend Section 95-802 Chapter 95-8 of 1933 Code so as to exempt persons in certain counties from road tax, and for other purposes
Referred to Committee on Counties and County Matters. By Messrs. Hartsfield,Almand and Ramsey of Fulton. House Bill No. 500. A bill to be entitled an Act to provide for the filling of vacancies in certain couny offices in counties having population of 200,000 or more,in cases of death or resigna~ion,and for other purposes. Referred to Committee on Countios and County Matters. By Messrs. Almand,Hartsfield and Ramsey of Fulton. House Bill No. 501. A bill to be entitled an Act to amend the Act establishing the Municipal Court of At~anta,to provide for the election of Judges and their terms,and for other purposes. Referred to Co~~ittee on Counties and County Matters.

870

JouRNAL OF THE HousE,

By Mr. Bush of ~ller. House Bill No. 502. A bill to be entitled an Act
to fix the amount of the bond of the Sheriff of Miller County, and for other purposes.

Referred to Committee on Counties and County Matters.

By Messrs. Stephens of Laurens and HookS of Glascoe~ House Bill No. 503. A bill to be entitled an Act
to amend the banking laws relating to incorporation of bankS, and for other purposes.

Referred to Commdttee on BankS and Banking.

By Mr. Teasley of Cherokee.

.

House Bill No. 504. A bill to be entitled an Act

to amend Section 95-802 of 1933 Code so as to exempt

certain persons in certain counties from payment of

commutation tax, and for other purposes.

Referred to Committee on Counties and County Matters.

By Mr. Bradley of Tattnall. House Bill No. 505. A bill to be entitled an Act
to amend Section 92-618 of Chapter 92-6 of 1933 Code; to provide for increase in taxes on tent shows in towns of certain population,and for other purposes.

Referred to Committee on Ways and Means.

By Mr. Townsend of Dade. House Bill No. 506. A bill to be entitled an Act
to require tender of purchase price with accrued interest as a condition precedent to the institution of any action to set aside or contest the validity of any sale of real estate on account of alleged excess in levy, and for other purposes.

Referred to Committee on General Judiciary No. 1.

By Messrs. Bland of Stewart and Saunders of Harris. House Bill No. 507. A bill to be entitled an Act

Tt:ESDAY, FEBRt.:ARY 5, 1935

871

to further regulate the business of fire,storm,hurricane,tornado,theft and lightning insurance,and for other purposes.
Referred to Committee on Insurance. By Messrs. Preston of Walton and Dobbins of Morgan.
House Bill No. 508. A bill to be entitled an Act to authorize agencies of the Federal Government to purchase lands for parks in certain counties,and for ~ ther purposes.
Referred to Committee on Conservation. By Messrs. Hooks of Glascock and Terrell of Warren.
House Resolution No. 104-G08a. A resolution authorizing the State Librarian to fu~ish Glascock County with missing Georgia Reports, and for other purposes.
Referred to Committee on Publ!c Library. By Messrs. Welsch and Manning of Cobb.
House Resolution No. 105-508b. A resolution authorizing and directing the State Librarian to furnish Cobb County with certain Georgia reports,and for other purposes.
Referred to Committee on Public Library. By Mr. Booth of Barrow.
House Bill No. 509. A bill to be entitled an Act prescribing and fixing certain duties upon Judge~, Court Clerks and employees, as to practice of law, and for other purposes.
Referred to Committee on General Judiciary No. 1. By Mr. Dobbins of Morgan.
House Bill No. 510. A bill to be entitled an Act to appropriate to the common school funds,funds derived from the sale of State owned automobiles,and for other purposes.
Referred to Committee on Special Appropriations.

872

JouRNAL OF THE HousE,

By Mr. Rivers of Lanier. House Bill No. 511. A bill to be entitled an Act
to provide for a school year of seven months duration, and for other purposes.

Referred to Committee on Education No. 2.

By Mr. Rivers of Lanier. House Bill No. 512. A bill to be entitled an Act
to provide free basal texts to the pupils in public schools, and for other purposes.

Referred to Committee on Education No. 2.

Mr. Johnson of Seminole County, Chairman of the

Committee following

on General report:

Agriculture

No.

21 submitted

the

Mr. Speaker:

Your Committee on General Agriculture No. 2 have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the House with the following recommendation:
House Bill No. 47 do pass. House Bill No. 406, do pass.
Respectfully submitted, Johnson ot Seminole, Chairman.

Mr. McCracken of Jefferson 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 or the House and has instructed me as chairman, to report the same back to the House with the following recommendation:

TUESDAY, FEBRUARY 5, Hl35.

873

House Bill No. 390, do pass. Respectfully submitted, McCracken of Jefferson, Chainnan.
Mr. Edwards of Lowndes County Chairman of the Committee on State of the Repubiic,submitted the following report: Mr. Speaker:
Your Committee on State of the Republic have had under consideration the following bills and resolution of the House and Senate and have instructed me as Chairman! to report the same back to the House with the fo lowing recommendations:
House Bill No. 20, do pass. House Bill No. 205, do pass. House Bill No. 333, do pass. House Resolution No. 40-239c, do pass. Senate Bill No. 26, do pass.
Respectfully submitted, Edwards of Lowndes, Chainnan.
By unanimous consent, the following bills and resolutions of the House and Senate,favorably reported, were read the second time: By Messrs. Arnall of Coweta and Rivers of Lanier.
House Bill No. 20. A bill to be entitled an Act to amend Title 84, Chapter 84-2 of 1933 Code by providing for a State Board of Accountancy,and for other purposes. By Senators Atkinson of the lst District and Beasley of the 2nd District.
Senate Bill No. 26. A bill to be entitled an Act to grant to the United States of America certainu~ granted lands in Chatham County, and for other purposes.

874

JouRNAL OF THE HousE,

By Messrs. Moye and Blease of Brooks. House Bill No. 47. A bill to be entitled an Act to
prohibit the importation into Georgia of swine of any kind without inoculation, and for other purposes. By Messrs. Woods of Emanuel and Barrett of Richmond.
House Bill No. 205. A bill to be entitled an Act to amend Title 30, Chapter 30-1 of 1933 Code so as to authorize the granting of a divorce to a petitioner who has resided in the State for sixty days,and for other purposes. By Messrs. Woods of Emanuel and Barrett of Richmond.
House Resolution No. 40-239c. A resolution proposing an amendment to Article VI, Section XV of the Constitution by providing for the granting of divorces on the verdict of one jury at the first term, and for other purposes. By Messrs. Jackson of Blackley; Edwards of Lowndes; Harris of Richmond; Dyer of Coweta; Spivey of Emanuel and Ennis of Baldwin.
House Bill No. 333. A bill to be entitled an Act to repeal Section 89-102 of 1933 Code, and for other purposes. By Mr. Hooks of Glascock.
House Bill No. 390. A bill to be entitled an Act to amend Section 32-2301 of 1933 Code Ro as to transfer Glascock County from the sixth congressional district to the tenth congressional district, and for other purposes. By Mr. Johnson of Seminole.
House Bill No. 400. A bill to be entitled an Act to amend Chapter 5-2 of Title 5 of 1933 Code,so as to authorize the Director of the Bureau of Markets to establish and promulgate prices differentials between various grades of agricultural products,and for other purposes.
By unanimous consent, the following bill of the House was read again, and placed upon its passage:

TuESDAY, FEBRUARY 5, 1935.

875

By Mr. Howard of Chattahoochee. House Bill No. 272. A bill to be entitled an Act
to abolish the offices of Tax Receiver and Tax Collector of Chatham County; to create the office of County Tax Comrrdssioner, and :for other purposes.
The report 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 o.
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 Senator Lester of the 18th District.
Senate Bill No. 31. A bill to be entitled an Act to amend the Code of Georgia of 1933, so as to require insurance companies, and persons and corporations insuring the payment of compensation to employees, to obtain permits from the Department of Industrial Relations, and for other purposes.
By unanimous consent, the following bill of the House was withdrawn from the Committee on Ways and Means, and recommitted to the Committee on Insurance: By Mr. Thompson of Muscogee.
House Bill No. 420. A bill to be entitled an Act to amend an Act, providing for a tax on every local insurance agent, solicitor or sub agent, and for other purposes.
The following resolution of the House was read and adopted: By Mr. Watson of Paulding.
House Resolution No. 106. A Resolution.-Whereas there are certain bills pending in our national Congress designed to relieve the present emergency

876

JorR~AL THE HorsE,

in regard to relief measures, and Whereas it will be necessary for this State to
pass parallel and permissive legislation in order to enable Georgia to receive her proportionate share of these benef~ts that will be granted,
Be it resolved by the House with 9enate concurring, that;.the Speaker of .the House.appoint a Committee consisting of thr~e members of the House and the President of the senate appoint two: members of the. Senate to go to Washington_and seek information irt regard to these bills. That said Committee proceed at once and bring back to this body bills,designed to mee ~ the requirements of the. aforesaid national leg1slation, to be enacted during this session of the General Assembly. That members be allowed the regular mileage allowc..nce as is allowed a traveling committee and no additional compensation be granted.
Be it resolved that said Committee is empowered to investigate the present situation in Georgia in regard to emergen~y relief of every kind and to report back its findings to the General Assembly, and that said Com'Tiittee is empowered to subpoena witnesses and compel them to testify under oath.
On the adoption of the resol~tion, the ayes were 79, nays 45.
The resolution was adopted. ?1r. Edwards of Lowndes asked unanimous consent that the House reconsider its action in passing House Bill No. 13, as a..nen<:Ied, anc:. the request was not granted. Under a "1T"''"-f"l orrlPr of bnsiness, the following rPsoh.; t-i "'1. ~ y tre ~P"2!P was again tal<en up for con;_:;lderati 0:1: By ~;sna tor ?,edw1ne or the 26th District. ~3ena.te Eesclution No. 11. A resolution proposing to the qualHic,: voters of Georgia, an amendment to the Const1t ..t1cm limiting the duration of the extra-

TuESDAY, FEBRUARY 5, 1935.

877

ordinary sessions of the General Assembly to the number of days stated in the proclamation o~ the Governor convening them, and for other purposes.
Mr. Flynt of Spalding moved to table the resolution.
On the motion to table, the ayes were 88,nays 50. The resolution was tabled. Under the regular order of bus.iness, the following resolution of the House was taken up for consideration and read the third time: By tlessrs. Rivers of Lanier, Lanier, Harris and Barrett of Richmond. House Resolution No. 12-13a.
A RESOLUTION Proposing to the qualified voters of Georgia for ratification or rejection of an amendment to Article 7, Section 2, of the Constitution of Georgia exempting from all ad valorem taxation,except special assessments and taxation for any existing bonded indebtedness,and homestead not exceeding $5,000.00 in value. Resolved by the General Assembly of Georgia: Section 1. That Article 7, Section 2 of the Constitution of Georgia be and the same is hereby amended by adding at the end thereof a new paragraph to be numbered Paragraph 7, and to read as follows: "There is exempted beginning December 3lst.,l936, from all ad valorem taxation,State,County,Municipal and School District, the homestead of each head of a family in this State actually occupied as such to the value of Five Thousand ($5~000.00) Dollars; Provided, the head of such family shall register said homestead in the office of the Ordinary of said Countyf in which it is situated, with a full description o the same, and a civil engineer's plat thereof

878

JouRNAL oF THE HousE,

duly certified by such engineer, which shall be recorded by the Ordinary in a special book to be kept for that purpose, for which he shall receive a fee of one ($1.00) Dollar to be paid by the registrant. Provided further: That such homestead when sought to be exempted from taxation herein, shall, if lying within the incorporated limits of any village,town or City, be composed of one parcel of land with the home of such heq.d of a family locE~.ted thereon; and if said homestead sought to be exempted herein shall lie without the limits of any incorporated city,town or village in this State, it shall not consist of more than fifty (50) acres of land with the home and improvements thereon. Whether such homestead exempted herein shall lie within or without the limits of an incorporated village,town or city in this State it shall be used solely as a homestead for the persons herein named, and for no other purposes.
Provided further: That the value of such homestead as herein defined in excess of five thousand {$5,000.00) shall be subject to taxation as now or may hereafter be provided by law, the value to be ascertained by the taxing authorities of such incorporated village,town or city, if lying therein, or if lying without, then by the taxing authorities of such county in which the homestead may be situate, as in case of other property, Provided that the homestead provided herein shall remain subject to taxation for the payment of the interest on,and the retirement of any bonded indebtedness lawfully incurred by the County, Municipality or School District in which such homestead is situated, and outstanding and unpaid at the time of the ratification of this amendment."
Section 2. This amendment shall be published in one or more newspapers in each Congressional District for two months previous to the time of holding the next General Election, and shall be submitted to the qualified voters of Georgia for ratification or rejection at the next general election.Those desiring

TUESDAY, FEBRUARY 5, 1935.

879

to vote in favor of the ratification of said amendment shall have written or printed upon their ballots the words: "For ratification of the Amendment to Article 7, Section 2 of the Constitution of Georgia, exempting homesteads from taxation"; Those desiring to vote against the ratification of said amendment shall have written or printed on their ballots the words:"Against ratification of the Amendment to Article 7, Section 2 of the Constitution of Georgia, exempting homesteads from Taxation~ If at the next general election a majority of those voting shall vote in favor of the ratification of this amendment, upon consolidation and ascertainment of the result as provided by law the same shall become a part of Article 7, Section 2 of the Constitution of Georgia and the Governor shall make proclamation thereof as provided by law.
Section 3. All laws and parts of laws in conflict with this Resolution are hereby repealed. Mr. Arnall of Coweta moved that the House recess until 2:15 o'clock, P.M., this afternoon, the motion prevailed, and the speaker announced the House recessed until 2:15 o'clock.
2:15 o'clock, P.M. The Speaker called the House to order. Honorable Huey P.Long, United States Senator from Louisiana, appeared upon the floor of the House and addressed the members of the General Assembly,pursuant to Resolution adopted by the House inviting him to address this body. The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock, and House Resolution No. 12-13a went over as unfinished business.

8130

JouRNAL OF THE HousE,

Representative Hall,Atlanta,Ga.

Wednesday, February 6,1935.

The .louse 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 .vas called and the following members answered to their names:

Adams

Ca~D

Edwards of Ste-

Allen

Campbell

phens

Almand of Fulton Caswell

Ennis

Almand of Walton Claxton of Cam- Etheridge

Anderson

den

Felton

Ansley of DeKalb Cl:3-xton Of John- Flynt

Ansley of Lee son

Fowler

Arnall

Clements of Cal- Freeman of Bibb

Atwood

houn

Freeman of Early

Bannister

Clements of

Gammage

Bargeron

Wheeler

Gardner

Barnard

Cobb

Garrett

Barrett

Cohen

Gavin

Batchelor

Coleman

Gilbert

Bennett

Coxon

.Gnann

Benton

Culpepper of Ec- Goolsby

Bond

hols

Grayson

Booth

Culpepper of Green

Bowden

Fayette

Griffin of Deca-

Black

Darnell

tur

Bland

Daughtry

Griffin of Floyd

Blease

Davis of Tro-.._:) Groover

Bloodworth

Deal

Groves

Bradley

Dean

Guess

Brinson

DeLoach

Harrnnock

Brisendine

Dobbins

Hampton

Brooks

Dorris

Hand

Brown of Glynn Douglass

Harris

Brown of Greene Durden

Harrison

Brown of Pike Dyer

Hartsfield

Burgin

Edwards of

Herndon

Bush

Lowndes

Head

\ \" LIJ :'\ E ~ ll \ \ ' F t I~ IZ l \ iZ \ I,' 1

881

Hefner

Martin

Saunders

Henderson

Milam

Scruggs

Hogan

Mills

Settle

Hogg

Minchew

Shedd

Holland

Mitchell of La- Shirah

Hooks

mar

Smith of Madison

Horton

Mitchell of Tal- Smith of v-Jebster

Houston

iaferro

Spivey

Howard of Chat- Moore of Clayton Standard

tahoochee

Moore of Haral- Stephens

Howard of Screv- son

Sutton

en

Morris

Swann

Jackson of

Moye

Swindle

Bleckley

Mundy

Teasley

Jackson of Hab- Musgrovt:

Terrell of Hall

ersharn

Neal

Terrell of Troup

Joel

Newby

Terrell of hfar-

Johnson

Oden

ren

Johnston

Parham

Thompson

Jones of Brant- Parker of Col- Thrasher

ley

quitt

Tipton

Jones of Llli~P- Parker of Union 'I JIDS

kin

Parks

Townsend

Kelley

Parr

Twitty

Lanier

Patten of Cook Warnell

Lee

Patten of Tift Watkins

Leonard of Mus- Peebles

Watson

coge~

Peek

~~eathers

Leonard of Walk- Perry

We elm

er

Peters

Helsch

Lewallen

Pound

Hest

Lewis

Preston of Bul- Whaley

Lindsay

loch

Whitmire

McBride

Preston of Wal- Williams of Bacon

McCracken

. ton

Williams of Coffee

McCranie

Ramsey

1..Jill1ams of Jackson

McCutchen

Rawlins

Williams of Jones

McGraw

Ray

Willingham

McKelvey

Reagan

Wilson

McNall

Ross

woods

Mallory

Sabados

Wrench

Mann

Salter

Young

Manning

Sammon

Zellner

Marshall

Sartain

Mr.Speaker

See Appendix,Volurne l,for absentees.

882

JouRNAL OF THE HousE,

Mr. Preston of Bulloch, 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 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 b1lls and resolutions under the Rules of the House. 2. Reports of Standing Committees. 3. Second reading of bills and resolutions,favorably reported. 4. Third reading and passage of local uncontested House Bills. 5. First reading and Reference of Senate Bills and Resolutions. By unanimous consent, the following bill of the House was withdrawn from the Committee on General Judiciary and recommitted to the Committee on General Judiciary No. 1: By Messrs. Barrett of Richmond and Hilliams of Coffee. House Bill No. 317. A bill to be entitled an Act to reduce the rate of interest upon moneys advanced or loaned for commercial purposes, and for other purposes. By unanimous consent, the following bill of the House was withdrawn from the Committee on Conservation, and recommitted to the Committee on Counties and County Matters: By Messrs. Preston of Halton and Dobbins of Morgan. House Bill No. 508. A bill to be entitled an Act to authorize agencies of the Federal Government to purchase lands for parks and recreational purposes, and for other purposes.

\\'EoNESDAY, FEBRUARY G, l~n,-,,

883

By illlanimous consent, the following bills and resolutions of the House were introduced,read the first time,and referred to the Committees:

By l"iessrs.Culpepper of Fayette,Sabados of Dougnerty

and Kelly of E~bert.

House Bill No. 513. A bill to be entitled an Act

dtoiscaouitlhllot raizned/aonrdsdeilrlewc.t

the and

State Highway Board A. warrants held by

to them,

to pay same into State Treasury, to provide for dis-

bursement,and for other purposes.

Referred to Committee on Appropriations.

By Messrs. Parker and Shirah of Colquitt. House Bill No. 514. A bill to be entitled an Act
to repeal an Act creating the office of tax commissioner and assistant tax commissioner of Colquitt County,and for other purposes.

Referred to Committee on Counties and County Matters.

By Messrs. Parker and Shirah of Colquitt. House Bill No. 515. A bill to be entitled an Act
to repeal an Act abolishing the offices of tax receiver and tax collector of Colquitt County, and for other purposes.

Referred to Committee on Counties and County Matters.

By Mr. Rivers of Lanier. House Bill No. 516. A bill to be entitled an Act
to direct the State H1ghway Department to surrender to the State Treasurer certain hf.and A. rental certificates;to instruct the Treasurer to sell, and for other purposes.

Referred to Committee on Appropriations.

By Mr. Rivers of Lanier. House Bill No. 517. A bill to be entitled an Act
to amend the Act known as Georgia Motor Vehicle Law,

884

JouRNAL OF THE HmrsE,

to provide for the exemption of automobiles,etc., owned by counties and municipalities from registration, and for other purposes.
Referred to Committee on Motor Vehicles. By Messrs. Parker and Shirah of Colquitt.
House Bill No. 518. A bill to be entitled an Act to create the office of tax collector for Colquitt County, and for other purposes.
Referred to Committee on Counties and County Matters. By Messrs. Parker and Shirah of Colquitt.
House Bill No. 519. A bill to be entitled an Act to create the office of tax receiver of Colquitt County, and for other purposes. Referred to Committee on Counties and County Matters. By Mr. McBride of Montgomery.
House Bill No. 521. A bill to be entitled an Act to repeal the Act creating the Board of Commissioners of Montgomery County, and for other purposes.
Referred to Committee on Counties and County Matters. By Mr. Hampton of Fannin.
House Bill No. 520. A bill to be entitled an Act to amend the Act incorporating the City of Blue Ridge, and for other purposes.
Referred to Committee on Municipal Government. By Mr. McBride of Montgomery.
House Bill No. 522. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenue for Montgomery County,and for other purposes.
Referred to Committee on Counties and County Matters.

\VEDNFSDAY, FEBRUARY 6, 1935.

885

By Mr. Henderson of Irwin. House Bill No. 523. A bill to be entitled an Act
to abolish the offices of tax receiver and tax collector of Irwin County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Henderson of Irwin. House Bill No. 524. A bill to be entitled an Act
to amend an Act creating the Board of Commissioners of Roads and Revenue of Irwin County, to provide for reduction of the Bond of the Chairman, and for other purposes.
Referred to Committee on Counties and County Matters. By Mr. Campbell of Newton.
House Bill No. 525. A bill to be entitled an Act to regulate parking motor vehicles and other vehicles on the State Aid Roads, and for other purposes.
Referred to Committee on Motor Vehicles. By Mr. Hampton of Fannin.
House Bill No. 526. A bill to be entitled an Act to amend the Act incorporating the town of McCaysville,and for other purposes.
Referred to Committee on Municipal Government. By Mr. Daughtry of Wilkinson.
House Bill No. 527. A bill to be entitled an Act to reduce the official bond of the sheriff of Wilkinson County,and for other purposes.
Referred to Committee on Counties and County Matters. By Mr. Ray of Appling.
House Bill No. 528. A bill to be entitled an Act to reduce the bond of the sheriff of Appling County, and for other purposes.
Referred to Committee on Counties and County Matters.

886

JouRNAL oF THE HousE,

By Mr. Lewallen or Banks. House Bill No. 529. A bill to be entitled an Act
to amend the Act creating the Piedmont Judicial Circuit,and for other purposes.
Referred to Committee on Special Judiciary. By Messrs. Lanier, Harris and Barrett or Richmond.
House Bill No. 530. A bill to be entitled an Act to amend Sect,ion 95-2112 of Chapter 95-21 of 1933 CodeLso as to empower certain counties to sell and/or use Highway certificates !or purchasing school books, and ror other purposes.
Referred to Corrmattee on Amendments to Constitution No. 1. By Mr. Rivers or Lanier.
House Bill No. 531. A bill to be entitled an Act to amend an Act providing !or occupation tax on distributors or motor fuels and kerosene,so as to exempt cities and counties !rom p~ent or said tax, and tor other purposes.
Referred to Committee on Municipal Government. By Messrs. Lanier~Harris and Barrett of Richmond.
House Bill No. o32. A bill to be entitled an Act to appoint and designate the Board or Education or Richmond County,and !or other purposes.
Referred to Committee on Amendments to Constitution No. 1. By Messrs. Lanier~~~arris and Barrett or Richmond.
House Bill No. 066. A bill to be entitled an Act to abolish Justice Courts in Richmond County and in lieu establish a Municipal Court, and for other purposes.
Referred to Committee on Amendments to Constitution No. 1. By Messrs. Lanier,Harris and Barrett or Richmond.
House Bill No. 534. A bill to be entitled an Act

WEDNESDAY, FEBRUARY 6, 1935.

887

tc amend an Act creating a charter for Augusta,and tor other purposes.
Referred to Committee on Amendments to Constitution No. 1. By Messrs. Durden and Sabados of Dougherty.
House Bill No. 535. A bill to be entitled an Act to regulate the sale or firearms and machine guns, and for other purposes.
Referred to committee on General Judiciary No. 2. By Messrs. Durden and Sabados or Dougherty.
House Bill No. 536. A bill to be entitled an Act to require physicians to make report or treatment or persons suffering from gunshot or knife wounds,and tor other purposes.
Referred to Committee on General Judiciary No. 2. By Messrs. HarrisL~ler and Barrett or Richmond.
House Bill No. oo7. A bill to be entitled an Act to amend the Act regulating and licensing real estate brokers,and for other purposes.
Referred to Committee on Amendments to Constitution No. 1. By Messrs. Harris,Lanier and Barrett of Richmond.
House Bill No. 538. A bill to be entitled an Act to amend the General Tax Act, and for other purposes.
Referred to Commdttee on Amendments to Constitutic;_m No. 1. By Mr. Booth or Barrow.
House Bill No. 539. A bill to be entitled an Act to regulate the liability or insurance companies for fraudulent acts or their agents in certain cases,and for other purposes.
Referred to Committee on Insurance.

888

JouRNAL OF THE HousE,

By Mr. Hampton of Fannin. House Resolution No. 107-539a. A resolution author-
izing and directing the State Librarian to furnish certain volumes to the Ordinary and Clerk or Superior Court of Fannin County,and for other purposes.

Referred to Committee on Public Library.

By Messrs. Bennett and Twitty or Ware. House Bill No. 540. A bill to be entitled an Act
to amend an Act known as Neill-Traylor Act so as to include a road in Ware County, and for other purpos~

Referred to Committee on Public Highways No. 2.

Mr. Lanier of Richmond County, Cha1 rman of the Com-

mittee on Amendments to the following report:

Constitution No.

11

submitted

Mr. Speaker:

Your Committee on Amendments to Constitution No. 1 have had under consideration the following resolution of the Hou8e and have instructed me as Chairman, to report the same back to the House with the following recommendation:
House Resolution No.81-430a,do pass by substitute. Respectfully submitted, Lanier of Richmond, Chairman.

Mr. Brown of Glynn County, Chairman of the Committee on Counties and CountyMatters,submitted the following report:

Mr. Speaker:

Your Comm1 ttee on Counties and County Matters have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 468 1 do not pass.

WEDNESDAY, FEBRL'ARY 6, 1935.

889

House Bill No. 478, do pass. House Bill No. 295, do pass. House Bill No. 105, do pass. House Bill No. 307, do pass. House Bill No. 375, do pass. House Bill No. 423, do pass. House Bill No. 424, do pass. House Bill No. 391, do pass. House Bill No. 393, do pass. House Bill No. 410, do pass. House Bill No. 216, do pass. House Bill No. 444, do pass. House Bill No. 399, do pass. House Bill No. 437, do pass. House Bill No. 427, do pass. House Bill No. 479, do pass. House Bill No. 467, do pass. House Bill No. 465, do pass. House Bill No. 99, do pass. House Bill No. 376, do pass. House Bill No. 475, do pass. House Bill No. 388, do pass. House Bill No. 455, do pass. House Bill No. 449, do pass. House Bill No. 438, do pass. House Bill No. 413, do pass. House Bill No. 83, do pass. House Bill No. 209, do pass. House Bill No. 182, do pass. House Bill No. 482, do pass. House Bill No. 408, do pass. House Bill No. 247, do pass.
Respectfully submitted, Brown ot Glynn, Chairman.
Mr. Peek ot Polk County, Chairman ot the Committee on Hygiene and Sanitation,submitted the following report: Mr. Speaker:
Your Committee on Hygiene and Sanitation have had

890

JouRNAL OF THE HousE,

under consideration the following bill or the House and have instructed me as Chairman, to report the same back to the House with the following recommendation:
House Bill No. 231 1 do pass. Respectfully submitted, Peek o! Polk, Chairman.
Mr. Freeman ot Early County, Chairman ot the Committee on Invalid Pensions and Soldiers Home, submitted the following report: Mr. Speaker:
Your Committee on Invalid Pensions and Soldiers Home have had under consideration the following bill ot the House and have instructed me as Chairman,to report the same back to the House with the following recommendation:
House Bill No. 208, do pass. Respectfully submitted, Freeman of Early, Chairman.
Mr. Clements ot Wheeler County, Chairman of the Committee on Municipal Government,submitted the following report:
Mr. Speaker:
Your Committee on Municipal Government have had under consideration the following bills of the House and have instructed me as Chairman to report the same back to the House with the foilowing recommendations:
House Bill No. 414, do pass. House Bill No. 415, do pass. House Bill No. 446, do pass.

WEDNESDAY, FEBRUARY 6, 1935.

891

House Bill No. 480, do pass. House Bill No. 481, do pass.
Respectfully submitted, Clements ot Wheeler, Chairman.
By unanimous consent, the following bills and resolutions ot the House, favorably reported,were read the second time: By Mr. Morris ot Douglas.
House Bill No. 83. A bill to be entitled an Act to amend Section 695 or Code ot 1910 by excepting persons in certain counties trom payment or commutation tax, and tor other purposes. By Messrs. Blease and Moye or Brooks.
House Bill No. 99. A bill to be entitled an Act to repeal an Act changing from the tee to the salary system in Brooks County, and tor other purposes. By Messrs. Bloodworth,Bowden and Freeman ot Bibb.
House Bill No. 105. A bill to be entitled an Act to repeal an Act which provides the time at which primary elections tor nomination or county officers shall be held in certain counties,and tor other purposes. By Mr. Twitty ot Ware.
House Bill No. 182. A bill to be entitled an Act to repeal an Act entitled "Tax Collectors as Sheriffs No. 123, and tor other purposes. By Messrs. Blease and Moye or Brooks.
House Bill No. 208. A bill to be entitled an Act to amend an Act approved August 16, 1920, found in Georgia Laws 1920, page 123, by providing tor the acceptance or widows or ex-confederate soldiers in the Soldiers Home, and tor other purposes. By Messrs. Edwards and Coleman or Lowndes.
House Bill No. 209. A bill to be entitled an Act to amend an Act authorizing the State Highway Department to effectually carry out the provisions or

"892

JouRNAL OF THE HousE,

the amendment to Constitution round in Georgia laws 1931, pages 97-101, so as to authorize the authorities or certain counties to give,assign and transfer certificates or the Highway Department to Boards ot Education, and for other purposes.

By Mr. Harrison of Crawford.

House Bill No. 216. A bill to be entitled an Act

to amend Section 34-1302 or Chapter 34-13 or 1933

Code, so as to provide the hours tor opening and

closing polls in certain count!es,and tor other pur-

poses.



By Messrs. Marshall or Macon and Harris or Richmond. House Bill No. 231. A bill to be entitled an Act
to amend Title 84, Chapter 84-4 or 1933 Code to detine the practice of barbering, and tor other purposes.

By Messrs. Lindsay,Guess and Ansley or DeKalb. House Bill No. 247. A bill to be entitled an Act
to provide tor the establishment or public dance halls,sw1mming pools,or places or amusements,and tor other purposes.

By Messrs. Thompson,Brinson and Leonard or MUscogee. House Bill No. 295. A bill to be entitled an Act
to authorize officers having charge of county atfairs in counties or certain population to appropriate educational funds to the support or public libraries,and tor other purposes.

By Messrs. Stephens and Hogan or Laurens. House Bill No. 307. A bill to be entitled an Act
to provide the time at which primary elections shall be held 1n certain counties,and tor other purposes.

By Mr. Salter of Baker. House Bill No. 375. A bill to be entitled an Act
to provide tor the payment or cost incurred in the Superior Court of Baker County for the trial o! convicte worked by said county,and tor other purposes.

WEDNESDAY, FEBRUARY 6, Hl35.

893

By Mr. Salter ot Baker. House Bill No. 376~ A bill to be entitled an Act
to amend an Act creating the Board ot Commissioners ot Roads and Revenues tor Baker County so as to provide tor the salary o! said board and the clerk thereof, and for other purposes. By Mr. Wrench of Charlton.
House Bill No. 388. A bill to be entitled an Act to create a Board ot Commissioners or Roads and Revenue for Charlton County, and tor other purposes. By Mr. Hooks of Glascock.
House Bill No. 391. A bill to be entitled an Act to amend Section 95-802 or 1933 Code so as to exempt persons in certain counties from payment ot commutation tax,and tor other purposes. By Messrs. Ramsey,Almand and Hartsfield of Fulton .
House Bill No. 393. A bill to be entitled an Act to amend an Act authorizing Boards ot Education of certain counties to create pension funds,by striking certain words and inserting others,and for other purposes. By Mr. Williams o! Coffee.
House Bill No. 399. A bill to be entitled an Act to :~end an Act establishing the City Court of Douglas, by providing tor the p:Lyment of salary to the solicitor instead of fees, and for other purposes. By Messrs. Lanier, Harris and Barrett or Richmond.
House Bill No. 408. A bill to be entitled an Act to change from the tee to the salary system in certain counties,and for other purposes. By Messrs. Harts!ield,Almand and Ramsey of Fulton.
House Bill No. 410. A bill to be entitled an Act to amend an Act establishing the Criminal Court ot Atlanta, and for other purposes. By Messrs. Stephens and Hogan ot Laurens.
House Bill No. 413. A bill to be entitled an Act to amend Section 695 of the 1910 code relating to road taxes in certain counties,and tor other pur~.

894

JouRNAL OF THE HousE,

By Messrs. Peebles and Felton or Bartow. House Bill No. 414. A bill to be entitled an Act
to amend the Act creating a charter ot ~artersville, and for other purposes.

By Messrs. Peebles and Felton of Bartow. House Bill No. 415. A bill to be entitled an Act
to amend the Act creating the charter or Cartersville, and for other purposes.

By Messrs. Dyer and Arnall or Coweta.

House Bill No. 423. A bill to be entitled an Act

to amend an Act abolishing the offices or tax re-

ceiver and the office

tax collector of Coweta o! tax commissioner,and

Cfoourntoyt1n.e~rndp__ug_rr-~~te

poses.

By Messrs. Lanier,Harris and Barrett of Richmond. House Bill No. 424. A bill to be entitled an Act
to abolish the office or chairman or the Board or Commissioners or Roads and Revenues or Richmond County 1 and for other purposes. By Mr. Kelly of Elbert.
House Bill No. 427. A bill to be entitled an Act to fix the amount or bond of the Sheri!! or Elbert County, and for other purposes.

By Messrs. Lindsay,Guess and Ansley of DeKalb. House Resolution No. 81-430a. A resolution to pro-
pose a constitutional amendment permitting the Commissioner of Roads and Revenue of DeKalb County to levy taxes for the establishment and maintenance or parks, sewerage,water and fire prevention systems, and for other purposes.

By Messrs. Camp and Garrett or Carroll. House Bill No. 437. A bill to be entitled an Act
to amend the act consolidating the offices or tax receiver and tax collector or Carroll County, so as to fix compensation tor clerical help, and for other purposes. By Mr. Williams or Coffee.
House Bill No. 478. A bill to be entitled an Act

WEDNESDAY, FEBRUARY 6, 1935.

895

to amend an Act abolishing the offices or tax receiver and tax collector or Coffee County, to provide that tax commissioner shall collect and retain certain fees, and for other purposes. By Mr. Fowler of Treutlen.
House Bill No. 438. A bill to be entitled an Act to create a Board or Commissioners or Roads and Revenues for Treutlen County, and for other purposes. By Messrs. Garrett and Camp or Carroll.
House Bill No. 444. A bill to be entitled an Act to amend Section 95-802 or 1933 Code so as to exempt certain counties, and for other purposes. By Messrs. Bloodworth,Bowden and Freeman of Bibb.
House Bill No. 446. A bill to be entitled an Act to amend Section 105 or the Acts of General Assembly of Georgia approved August 3~ 1927, re-enacting and amending the charter of the ~ity of Macon, and for other purposes. By Messrs. Grayson of Chatham,Culpepper of Fayette, Lanier and Harris of Richmond,Spivey of Emanuel,Dyer and Arnall of Coweta,Brown of Glynn,Cohen and McNall of Chatham.
House Bill No. 449. A bill to be entitled an Act to provide that the State treasurer shall set apart funds for the payment of Highway Certificates,and for other purposes. By Mr. Fowler of Treutlen.
House Bill No. 455. A bill to be entitled an Act to amend the Act creating the office of tax commissioner of Treutlen County, and for other purposes. By Messrs. Willingham,Griffin and Anderson or Floyd.
House Bill No. 465. A bill to be entitled an Act to amend Section 4004 of 1910 Code so as to provide for theappointmaQtin case of death of sheriff in certain counties,and for other purposes. By Mr. Gavin of Clay.
House Bill No. 467. A bill to be entitled an Act

896

JouRNAL OF THE HousE,

to abolish the office of County Treasurer of Clay County, and for other purposes. By Mr. McCracken of Jefferson.
House Bill No. 475. A bill to be entitled an Act to amend an Act changing the Board of Roads and Revenues of Jefferson County, and for other purposes. By Mr. Williams of Coffee.
House Bill No. 479. A bill to be entitled an Act to provide for the levying of taxes in Coffee County tor support or paupers 1 and for other purposes. By Messrs. Bloodworth,Bowden and Freeman of Bibb.
House Bill No. 480. A bill to be entitled an Act to amend an Act creating the Municipal Court of the City of Macon, and for other purposes. By Mr. Barnard of Towns
House Bill No. 482. A bill to be entitled an Act to repeal an Act approved March 1, 1933, found Acts 1933, page 52, to provide for election of county school superintendents in certain counties, and for other purposes. ByMr. Moore of Clayton.
House Bill No. 481. A bill to be entitled an Act to amend an Act incorporating the town of Forest Park, and for other purposes.
The following resolutions of the House were read and adopted: By Mr. Freeman of Early.
House Resolution No. 108. A resolution extending to Judge Gray of Early County, the privileges of the floor on Thursday, and for other purposes. By Messrs. Head of Catoosa and Horton of Sumter.
House Resolution No. 109. A resolution extending to President Franklin D. Roosevelt, an invitation to address the General Assembly at his convenience,and tor other purposes.

WEDNESDAY, FEBRUARY 6, 193j.

897

The following message was received from the Senate through Mr. Hammond, the Secretary thereof: Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the House as amended,to wit: By Mr. Dobbins ot Morgan.
House Bill No. 143. A bill to be entitled an Act to create the office of Commissioner of Roads and Revenues in and for the County of Morgan, and for other purposes.
The Senate has also passed by the requisite constitutional majority the following bill of the House, to wit: By Messrs. Manning and Welsch of Cobb.
House Bill No. 102. A bill to be entitled an Act to create four terms of Superior Court of Cobb County, Georgia, and for other purposes. Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill and resolution of the Senate,to wit: By Senator Simmons of the 8th and Senator Gary of the 12th Districts.
Senate Bill No. 61. A bill to be entitled an Act to establish and define the Georgia-Florida Military Highway, to provide for the identification thereof, and for other purposes. By Senator Hart of the 36th and Senator Smith of the 24th Districts.
Senate Resolution No. 55. A resolution requesting the Hon. Franklin D. Roosevelt to address the Georgia General Assembly on any date, prior to adjournment of this session.

898

JouRNAL OF THE HousE,

Under the order of unfinished business,the following resolution of the House was again taken up !or consideration: By Messrs. Rivers of Lanier, Lanier, Harris and Barrett of Richmond.
House Resolution No. 12-13a. A resolution proposing to the qualified voters of the State o! Georgia, an amendment to the Constitution of Georgia, toexempt $5000 homestead !rom taxation, and !or other purposes.
Mr. Claxton of Johnson moved the previous question, the motion prevailed,and the main question was ordered.
The following amendments to House Resolution No. 12-13a were adopted:
Messrs. Horton ot Sumter Rivers of Lanier, and Lanier of Richmond amends House Resolution No.l2-13a by addin~ in Section (1) immediately after the word "Dollars in line eight of said section and immediately before the word "Provided" in said line the following: "All parsonages of religious churches are also exempted as above provided up to $5000 in value."
Messrs. Preston of Bulloch,Campbell ot Newton amends House Resolution No. 12-13a as follows: By striking the word and figures, "50 acres",and inserting in lieu thereof the word and figures "100 acres".
Messrs. Sabados and Durden of Dougherty move to amend House Resolution No. 12, by amending Section one (1) paragraph one (1) the following "The homestead of each head of a family in this State actually occupied as such to the value of ($5000.00)",and thereafter whenever and wherever the same shall appear, by striking !rom said Section (1) and whenever and wherever the same shall appear the words "The Homestead of each head of a !amil~" and inserting in lieu thereof the following "The owner of such property, residing in this State, and actually occupied by such owner."

WEDNESDAY, FEBRUARY 6, 1933.

899

Part (a) or an amendment offered by Mr. Preston or Bulloch and others was lost.
The amenament offered by Messrs. Batchelor or Putnam and Clements or Wheeler,was lost.
On the adoption or the amendment offered by Mr. Peebles or Bartow, Mr. Williams or Bacon moved the ayes and nays, and the call was not sustained.
The amendment was lost. Part (a) or the amendment by Mr. Parker or Colquitt was lost, and Part (b) or the same amendment was withdrawn. The amendment offered by Messrs. Preston or Bulloch, Townsend or Dade and others, was ruled not germane. The amendment offered by Mr. Houston or Worth was withdrawn. The amendment offered by Mr. Camp or Carroll was withdrawn. The amendment offered by Mr. Peters or Meriwether was lost. The amendment offered by Mr. Neal or Gordon was ruled out of order. The substitute offered by Mr. Sutton or Wilkes was withdrawn. The report or the Committee, which was favorable to the adoption or the resolution, was agreed to, as amended. On the adoption or the resolution, as amended, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.:

900

JouRNAL or THE HousE,

Adams

Edwards of Ste- Lanier

Allen

phens

Lee

Almand of Walton Etheridge

Leonard of Muscogee

Ansley of DeKalb Felton

Leonard of Walker

Ansley of Lee Flynt

Lewallen

Atwood

Fowler

Lewis

Bannister

Freeman of Early McCracken

Bargeron

Gammage

McCranie

Barnard

Gardner

McGraw

Barrett

Garrett

McKelvey

Batchelor

Gilbert

McNall

Bennett

Gnann

Mallory

Bond

Goolsby

Mann

Booth

Green

Hanning

Black

Griffin or De- Marshall

Blease

catur

Martin

Bloodworth

Griffin of Floyd Milam

Bradley

Hammock

Minchew

Brinson

Hampton

Mitchell of Lamar

Brooks

Hand

Mitchell of Tal-

Brown of Glynn Harris

iaferro

Brown of Greene Harrison

Moore of Clayton

Brown of Pike Herndon

Moore of Haralson

Burgin

Head

Morris

Bush

Hefner

Moye

Camp

Henderson

Mundy

Caswell

Hogan

Musgrove

Claxton of Cam- Holland

Newby

den

Hooks

Oden

Claxton of John- Horton

Parham

son

Houston

Parker of Col-

Clements of

Howard of Chat- quitt

Wheeler

tahoochee

Parker of Union

Cobb

Howard of Screv- Parks

Coleman

en

Patten of Cook

Coxon

Jackson of

Patten of Tift

Davis of Troup Blackley

Peebles

Deal

Jackson of Hab- Peek

DeLoach

ersham

Perry

Dobbins

Joel

Peters

Dorris

Johnson

Pound

Douglass

Jones of Brant- Preston of Bullodl

Durden

ley

Preston of Walton

Edwards of

Jones of Lumpkin Ramsey

Lowndes

Kelley

Rawlins

WEDNESDAY, FEBRUARY 6, 1933.

901

Ray Sabados Salter Sammon Sartain Saunders Scruggs Settle Shedd Shirah Spivey Standard Stephens Swindle

Teasley Terrell of Hall Terrell of Troup Terrell or Warren . Thompson Thrasher Tipton Toms Twitty Warnell Watkins Watson

Weathers Weeks Welsch West Whitmire Williams ot Bacon Williams of Cottee Wilson Woods Wrench Young Zellner

Those voting in the negative were Messrs.:

Almand of Fulton Dean

McCutchen

Anderson

Dyer

Mills

Arnall

Ennis

Neal

Benton

Gavin

Smith of Madison

Bowden

Grayson

Smith of Webster

Bland

Groves

Sutton

Campbell

Guess

Townsend

Clements of Cal- Hartsfield Williams of Jackson

houn

Hogg

Williams of Jones

Cohen

Lindsay

Da,htry

McBride

y SueneanAimpopuesndcixofViSoelunmt,e thI ~!ovrertihfoicseatnioont voor titnhge. roll

call was dispensed with.

On the adoption or the resolution, as amended,the ayes were 160, nays 30.

The resolution having received the requisite twothirds constitutional majority was adopted,as amended.

By unanimous consent, the resolution, as amended, was ordered immediately transmitted to the Senate.

The following communication was received from his Excellency, Governor Eugene Talmadge:

902

JouRNAL OF THE HousE,

February 6, 1935. Hon. E.D. Rivers, Speaker of the House, State Capitol.
MY dear Mr. Speaker:
I notice in yesterday's Journal, in great headlines across the first page that "Governor Talmadge May Seek Early Legislature Adjournment." Nothing would suit the Journal better than for me to try to make such an illegal and foolish move. Not only the Governor but the people of Georgia realize that the General Assembly is a sovereign body and its sessions are fixed by law. Any change in this is solely a matter for the General Assembly. The Journal does not want to see the present administration succeed. The Journal has shown this attitude for a considerable length of time. I have stated before and I wish to reiterate that the present General Assembly of Georgia has enacted measures at this session that are far reaching in helping the people and tax payers of the State. I am sending you this message because I resent this sly interference on the part of the Journal in trying to create animosity between the Governor's Office and the General Assembly.
Sincerely yours, EUGENE TALMAOOE, Governor. Mr. Harris of Richmond moved that the House do now adjourn, and the motion prevailed.

WEDNESDAY, FEBRUARY 6, 1935.

903

Leaves or absence were granted to Messrs. Weathers or Jenkins and Anderson or Floyd.
The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

904

JouRNAL oF THE HousE,

Representative Hall, Atlanta, Ga.

Thursday, February 7, 1935.

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

Camp

Etheridge

Allen

Campbell

Felton

Almand of Fulton Caswell

Flynt

Almand of Walton Claxton of Camden Fowler

Anderson

Claxton of John- Freeman of Bibb

Ansley of DeKalb son

Freeman of

Ansley of Lee Clements of Cal- Early

Arnall

houn

Ga:mnage

Atwood

Clements of

Gardner

Bannister

Wheeler

Garrett

Bargeron

Cobb

Gavin

Barnard

Cohen

Gilbert

Barrett

Coleman

Gnann

Batchelor

Coxon

Goolsby

Bennett

Culpepper of Ec- Grayson

Benton

hols

Green

Bond

Culpepper of Fay- Griffin of De-

Booth

ette

catur

Bowden

Darnell

Griffin of

Black

Daughtry

Floyd

Bland

Davis of Troup

Groover

Blease

Deal

Groves

Bloodworth

Dean

Guess

Bradley Brinson

DeLoach Dobbins

Hannnock Hampton

Brisendine

Dorris

Hand

Brooks

Douglass

Harris

Brown of Glynn Durden Brown of Greene Dyer

Harrison Hartsfield

Brown of Pike Burgin

Edwards Edwards

of of

Lowndes Stephens

Herndon Head

Bush

Ennis

Hefner

THURSDAY, FEBRUARY 7, Hl:35.

905

Henderson

Minchew

Shirah

Hogan

Mitchell or La- Smith or Madison

Hogg

mar

Smith of Webster

Holland

Mitchell or Tal- Spivey

HookS

iarerro

Standard

Horton

Moore or Clayton Stephens

Houston

Moore or Haralson Sutton

Howard or Screv- Morris

Swindle

en

Moye

Teasley

Jackson or

Mundy

Terrell of Hall

Bleckley

Musgrove

Terrell of Troup

Jackson or Hab- Neal

'rerrell of War-

ersham

Newby

ren

Joel

Oden

Thompson

Johnson

Parham

Thrasher

Johnston

Parker or Col- Tipton

Jones of Brant- quitt

Toms

ley

Parker of Union Townsend

Jones of Lump- Parks

Twitty

kin

Parr

Warnell

Kelley

Patten of Cook Watkins

Lanier

Patten of Tift Watson

Lee

Peebles

Weathers

Leonard of Mus- Peek

Weeks

cogee

Perry

Welsch

Leonard of Walk- Peters

West

er

Pound

Whaley

Lewallen

Preston of Bul- Whitmire

Lewis

loch

Williams of Ba-

Lindsay

Preston of Wal- con

McBride McCracken

ton Ramsey

Williams of Coffee

McCranie McCutchen McGraw

Rawlins Ray Reagan

Williams of Jackson Williams of Jones

McKelvey McNall

Ross Sabados

Wil;lingham Wilson

Mallory Mann Manning

Salter Sammon Sartain

Woods Wrench Young

Marshall Martin

Saunders Scruggs

Zellner Mr. Speaker

Milam

Settle

Mills ~See

Appendix,SVhoeldudme

!,for

absentees.

906

JouRNAL oF THE HousE,

By unanimous consent,the Clerk of the House was granted the right to correct the amendments to House Resolution No. 12-13a, so as to conform to the intentions of the authors of the amendments.
Mr. Preston of Bulloch,Chairman of the Committee on Journals,reported that the Journal of yesterdayts proceedings had been read and round correct.
By unanimous consent,the reading of the Journal was dispensed with.
The Journal was confirmed. By unanimous consent,the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of bills and resolutions under the Rules of the House. 2. Reports of Standing Co~ttee. 3. Second reading or bills and resolutions,favorably reported. 4. Third reading and passage of local uncontested House Bills. 5. First reading and reference of Senate Bills. 6. Third reading and passage of House Bill No.
482.
By unanimous consent the Clerk was instructed to correct a typographical error in House Bill No. 247.
The following resolution of the House was read and referred to the Committee on Rules: By Mr. Harris of Richmond.
House Resolution No. 110. A Resolution.-Be it resolved by the House that the following bills of the House be set as a special and continuing order of business beginning at todayts session immediately after the period of unanimous consents, to wit:
1. House Bill No. 32-providing for the exemption of personal property to the amount of five hundred dollars from taxation.
2. House Bill No. 163-providing for Farmer's Markets.

THURSDAY, FEBRUARY 7, 1935.

907

3. House Bill No. 400-Amending State Marketing Act. 4. House Bill No. 19-Investments by Fiduciaries. 5. House Resolution No. 54-"Count Pulaski". 6. House Bill No. 377-Fire escapes for school
buildings. By unanimous consent, the following bills of the House were withdrawn from the Committee on General Judiciary No. 2, and recommitted to the Committee on General Judiciary No. 1: By Messrs.Campbell of Newton and Dean of Rockdale. House Bill No.l75. A bill to be entitled an Act to amend the Code of Georgia which provides the punishment for burglary, so as to provide for the death penalty for any person burglarizing an occupied dwelling house, and for other purposes. By Messrs. Campbell of Newton and Dean of Rockdale. House Bill No. 176. A bill to be entitled an Act to amend the Code of Georgia which provides for the punishment of robbery by open force, so as to fix the punishment at death, and for other purposes. By unanimous consent,the following bill of the House was withdrawn from further consideration of the House: By Messrs. Willingham,Griffin,and Anderson of Floyd. House Bill No. 465. A bill to be entitled an Act to amend the Code of Georgia by providing for the filling of vacancies in the office of sheriff in counties of a certain population,and for other purposes. By unanimous consent,the following bills and ~es olutions of the House were introduced,read the first time, and referred to the Conunittees_: By Mr. Hooks of Glascock. House Bill No. 541. A bill to be entitled an Act to abolish the office of county treasurer for Glascock County,and for other purposes. Referred to Comndttee on Counties and County Matters.

908

JouRNAL or THE HousE,

By Mr. Hooks of Glascock. House Bill No. 542. A bill to be entitled an Act
to abolish the office of Commissioner of Roads and Revenue of Glascock County; to create a Board or Commissioners for Glascock County, and for other purposes.

Referred to Committee on Counties and County Matters.

By Mr. Moore of Clayton. House Bill No. 543. A bill to be entitled an Act
to amend the Act creating the office of Tax Commissioner of Clayton County, and for other purposes.

Referred to Committee on Counties and County Matters. By Mr. Durden of Dougherty.
House Bill No. 544. A bill to be entitled an Act to amend an Act creating State Aid Road System,so as to include the words, "in all cities and towns of this State," and for other purposes.

Referred to Committee on Public Highways No. 2.

By Mr. Settle of Butts. House Bill No. 545. A bill to be entitled an Act
to repeal section 86-501 of 1933 Code,and for other purposes.

Referred to Committee on Military Affairs.

By Messrs. Allen and Ennis of Baldwin. House Bill No. 546. A bill to be entitled an Act
to amend Section 95-802 of 1933 Code, so as to exempt certain persons of Baldwin County from road tax, and for other purposes.

Referred to Committee on Counties and County Matters.

By Mr. Smith of Madison.

House Bill the erection

No. 547. A bill to of memorial to Dr.

Cprroawvifdoerdfuwn. dLs ofnogr,and

for other purposes.

Referred to Committee on Special Appropr1at1ons.

THURSDAY, FEBRUARY 7, 1935.

909

By Messrs. Almand,Hartsfield and Ramsey of Fulton. House Bill No. 548. A bill to be entitled an Act
to provide for the establishment of County Board of Public Welfare in Fulton County, and for other purposes.
Referred to Committee on Counties and County Matters. By Messrs. Spivey and Woods of Emanuel.
House Bill No. 549. A bill to prohibit the goats from running at large in Emanuel Couhty,and for other purposes.
Referred to Committee on Ways and Means. By Mr. Kelley of Elbert.
House Bill No. 550. A bill to be entitled an Act to repeal Section 113 of General Tax Act of 1927 providing for tax on filling stations,and for other purposes.
Referred to Committee on Ways and Means. By Messrs. Black of Forsyth, Whitmire of Dawson and Jones of Lumpkin.
House Bill No. 551. A bill to be entitled an Act to amend an Act so as to add a road in Forsyth,Dawson and Lumpkin Counties to the State Aid Road System, and for other purposes.
Referred to Committee on Public Highways No. 2. By Mr. Darnell of Pickens.
House Bill No. 552. A bill to be entitled an Act to repeal an Act creating the office of Commissioners of Roads and Revenue of Pickens County, and for other purposes.
Referred to Committee on Counties and County Matters. By Mr. Leona~d of Muscogee.
House Bill No. 553. A bill to be entitled an Act

910

JouRNAL OF THE HousE,

to provide that there shall be a presumption of fraud on the part of any person seeking or receiving any contract of release in case of accident within seven dqys after said accident occurs, and for other purposes.
Referred to Committee on General Judiciary No. 2. By Mr. Hooks of Glascock.
House Bill No. 554. A bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Glascock County, and for other purposes.
Referred to Committee on Counties and County Matters. By Messrs. Williams of Jones, Daughtry of Wilkinson and Bloodworth of Bibb.
House Bill No. 555. A bill to be entitled an Act to increase the mileage of State Aid Road System by adding a road in Jones and Wilkinson County,and for other purposes.
Referred to Committee on Public Highways No. 2. By Mr. Townsend of Dade.
House Bill No. 556. A bill to be entitled an Act to abolish the offices of tax collector and tax receiver of Dade County, and for other purposes.
Referred to Committee on Counties and County Matters. By Messrs. Cohen of Chatham and Weathers of Jenkins.
House Bill No. 557. A bill to be entitled an Act authorizing the appointment of a commission for the exploitation and business of manufacturing and selling products and by-products from the forests and clays of Georgia,and for other purposes.
Referred to Committee on Manufactures. By Mr. Stephens of Laurens.
House Bill No. 558. A bill to be entitled an Act

THURSDAY, FEBRUARY 7, 1935.

911

to amend Chapter 34-32 of 1933 Code,with reference to conducting primary elections,and for other purposes.
Referred to Committee on Special Judiciary. By Messrs. Terrell,Davis and Groover of Troup.
House Bill No. 559. A bill to be entitled an Act to increase the mileage of State Aid Road System by adding a road in Troup and Heard Counties, and for other purposes.
Referred to Committee on Public Highways No. 2. By Messrs. McKelvey and Sammon of Gwinnett.
House Bill No. 560. A bill to be entitled an Act to amend Section 34-13 of 1933 Code relative to manner of holding elect1ons,and for other purposes.
Referred to Committee on Privileges and Elections. By Mr. Spivey of Emanuel.
House Bill No. 561. A bill to be entitled an Act to annually, in addition to ad valorem tax,levy and collect a tax for the support of the state government,and for other purposes.
Referred to Committee on Ways and Means. By Messrs. Scruggs of Washington,Preston of Bulloch and Weeks of Columbia.
House Bill No. 562. A bill to be entitled an Act to make it a felony for any married man to hold himself out as single,and for other purposes.
Referred to Committee on Hygiene and Sanitation. By Mr. Woods of Emanuel.
House Bill No. 563. A bill to be entitled an Act to amend Section 30-102 of 1933 Code to supplement grounds for total divorce, and for other purposes.
Referred to Committee on ways and Means.

912

JouRNAL OF THE HousE,

By Messrs. Thompson of Muscogee, Camp of Carroll, Ray of Appling,Ramsey of Fulton,Durden of Dougherty, Coleman of Lowndes and Townsend of Dade.
House Resolution No. lll-563a. A resolution ratifying the Child Labor amendment,and for other purposes.
Referred to Committee on Industrial Relations.
Mr. Lanier of Richmond County, Chairman of the Committee on Amendments to Constitution No. l, submitted the following report: Mr. Speaker:
Your Committee on Amendments to Constitution No. 1, have had under consideration the following bill of the House and have instructed me as Chairmani to report the same back to the House with the fol owing recoimllendation:
House Bill No. 241, do pass by substitute. Respectfully submitted, Lanier of Richmond, Chairman.
Mr. Culpepper of Fayette County, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 513, do pass. House Bill No. 516, do pass.
Respectfully submitted, Culpepper of Fayette, Chairn:an. _

THl'RSDAY, FEBRCARY 7, El1;),

913

Mr. Claxton of Camden County, Chairman of the Committee on Aviation, submitted the following report: Mr. Speaker:
Your Committee on Aviation, have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the House with the following recommendation:
House Bill No. 302, do pass. House Bill No. 389, do pass.
Respectfully submitted, Claxton,of Camden. Chairman.
Mr. Howard of Screven County, Chairman of the Committee on Education No. l,subm1tted the following report: Mr. Speaker:
Your Committee on Education No. 1 have had under consideration the following bills of the House and have instructed me as Chair.man,to report the same back to the House with the following recommendations:
House Bill No. 395, do pass as amended. House Bill No. 236, do pass by substitute. House Bill No. 303, do pass as amended.
Respectfully submitted, Howard of Screven, Chairman.
Mr. Dorris of Crisp County, Chairman of the Committee on General Judiciary No. 2, submitted the following report: Mr. Speaker:
Your Committee on General Judiciary No. 2 have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

914

JouRNAL PF THE HousE,

House Bill No. 178, do pass. House Bill No. 261, do pass. House Bill No. 265, do pass. House Bill No. 361, do pass. House Bill No. 358, do pass. House Bill No. 87, do not pass.

Respectfully submitted, Dorris of Crisp, Chairman.

Mr. Peek of Polk County, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:

Mr. Speaker:

Your Committee on Hygiene and Sanitation have had

under consideration the following bills or the House and have instructed me as Chairman to report the same back to the House with the roilowing recommendations:

House House

BBiillllsNNo.os2. 0242,1doandpa4s8s6~Ydosunbosttiptuatses..

Respectfully submitted, Peek of Polk, Chairman.

Mr. Twitty of Ware County, Chairman of the Committee on Industrial Relations, submitted the following report:

Mr. Speaker:

Your Committee on Industrial Relations have had under consideration the following bill or the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendation:
Senate Bill No. 31, do pass as amended.
Respectfully submitted, Twitty of Ware, Chairman.

THl.RSDAY, FEBRUARY 7, 1935.

915

Mr. Settle ot Butts County, Chairman ot the Committee on Military Attairs,subm1tted the following report: Mr. Speaker:
Your Committee on Military Affairs have had under consideration the following bill or the House and have instructed me as Chairman,to report the same back to the House with the following recommendation:
House Bill No. 466, do pass. Respectfully submitted, Settle ot Butts, Chairman.
Mr. Almand ot Walton County, Chairman or the Committee on Motor Vehicles,submitted the following report: Mr. Speaker:
Your Committee on Motor Vehicles have nad under consideration the following bills or the House and have instructed me as Chairman,to report the same back to the House w~th the following recommendations:
House Bill No. 33, do pass as amended. House Bill No.l90, do pass. House Bill No.525, do pass. House Bill No. 60, do not pass. House Bill No.l36, do not pass. House Bill No.l37, do not pass. House Bill No.517, do not pass.
Respectfully submitted, Almand of Walton, Chairman.
Mr. Clements ot Wheeler County Chairman of the Committee on Municipal Government,subm1tted the following report: Mr.Speaker:
Your Committee on Municipal Government have had under consideration the following bills of the House

916

JouRNAL OF THE HousE,

and have instructed me as Chairman,to report the same back to the House with the following recommendations:
House Bill No. 343, do pass. House Bill No. 344, do pass.
Respectfully submitted, Clements of Wheeler, Chairman.
Mr. Musgrove of Clinch County, Chairman of the Committee on Public Highways No. 2, submitted the following report:
Mr. Speaker:
Your Committee on Public Highways No. 2 have had under consideration the following bills and/or resolution of the House and have instructed me as Chairmani to report the same back to the House with the fol owing recommendations:
House Bill No. 202, do not pass. House Bill No. 283, do pass. House Resolution No.24-138b, do not pass.
Respectfully submitted, Musgrove ot Clinch, Chairman.
Mr. Grayson of Chatham County, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary have had under consideration the following bills o! the House and have instructed me as Chairman to report the same back to the House with the foliow1ng recommendations:
House Bill No. 491, do pass. House Bill No. 493, do pass. House Bill No. 34, do pass. House Bill No. 494, do pass. House Bill No. 71, do pass. House Bill No. 432, do pass.

THURSDAY, FEBRUARY 7, 19:J5.

917

House Bill No. 476, do pass. House Bill No. 492, do pass. House Bill No. 352, do pass by substitute.
Respectfully submitted, Grayson o! Chatham, Chairman.
By unanimous consent, the following bills or the House and Senate,ravorably reported, were read the second time: By Senator Lester o! the 18th District.
Senate Bill No. 31. A bill to be entitled an Act to amend the Georgia Workmen's Compensation Act requiring insurance companies to obtain permits !rom Department o! Industrial Relations,and !or other purposes. By Messrs~ Arnall and Dyer o! Coweta.
House Bill No. 33. A bill to be entitled an Act to amend the Motor Vehicle law so as to require horse and mule drawn vehicles to have a light on the rear, and !or other purposes. By Messrs. Arnall and Dyer o! Coweta.
House Bill No. 34. A bill to be entitled an Act to prohibit any person, !irm, etc., !roms oliciting advertising or in any way holding themselves out as being able to become executor, administrator,and !or other purposes. By Messrs. Hartsfield and Almand o! Fulton.
House Bill No. 71. A bill to be entitled an Act to define the crime or sedition,and !or other purposes. By Messrs. Neal o! Gordon,Martin or Je!! Davis,Harts!ield o! Fulton,Harris and Barrett o! Richmond.
House Bill No. 178. A bill to be entitled an Act to regulate the manu!acture,sale,possession,cultivation and growth o! narcotic drugs,and !or other purposes. By Mr. Salter o! Baker.
House Bill No. 190. A bill to be entitled an Act

918

JouRNAL OF THE HousE,

to protect the public against misrepresentation in the manufacture,sale and distribution of automobile, truck and tractor tires,and for other purposes. By Messrs. Townsend of Dade and Davis of Troup.
House Bill No. 204. A bill to be entitled an Act to provide for sterilization of inmates of State Institutions,and for other purposes.

By Mr. Whaley of Telfair. House Bill No. 236. A bill to be entitled an Act
to make the county school superintendent the treasurer of school districts in each county, and for other purposes. By Messrs. Lanier and Harris of Richmond.
House Bill No. 241. A bill to be entitled an Act to declare slot machines and other gambling devices contraband,and for other purposes. By Mr. Terrell of Warren.
House Bill No. 261. A bill to be entitled an Act to amend Section 24-1707 of 1933 Code with reference to vacancy in Ordinary's office, and for other purposes. By Messrs. Manning and Welsch of Cobb.
House Bill No. 265. A bill to be entitled an Act to amend an Act pertaining to contracts of sale by a wife so as to provide that a sale by a wife as to her separate estate,with her husband may be allowed by order of Superior Court either in term time or at chambers,and for other purposes.
By Mr. Atwood of Mcintosh.
House Bill No. 283. A bill to be entitled an Act to amend the Neill-Traylor Act so as to add mileage to the State Aid Road System by adding a road in Mcintosh County.
By Mr. Arnall of Coweta.
House Bill No. 302. A bill to be entitled an Act to amend an Act relating to the re-organization of

THURSDAY, FEBRUARY 7, 1935.

919

the Governor's statt,to provide tor creation ot aides,and tor other purposes.

By Messrs. Mills and Griffin ot Decatur Head of Catoosa,Townsend of Dade,Jackson ot Bleckieyand Johnson ot Seminole.
House Bill No. 303. A bill to be entitled an Act to require boards of education receiving state aid to furnish all books to pupils on a rental basis,and tor other purposes.

By Messrs. Hartsfield,Almand and Ramsey of Fulton.

House Bill No. 343. A bill to be entitled an Act

to amend the charter of the City of Atlanta,and tor

other purposes.

.

By Messrs. Hartsfield,Almand and Ramsey of Fulton. House Bill No. 344. A bill to be entitled an Act
to amend the charter of the City of Atlanta so as to authorize Group insurance for employees,and tor other purposes.

By Mr. Stephens ot Laurens. House Bill No. 352. A bill to be entitled an Act
to amend section 4361 of 1910 code to provide that action on any warrant issued by cities,counties, school districts and any other political sub-division shall not be barred by statute of limitations if brought 20 years after date same became due,and tor other purposes.

By Messrs. Ray of Appling, Dean of Rockdale and Morris of Douglas.
House Bill No. 358. A bill to be entitled an Act to amend Title 23 Part III Chapter 23-3 of 1933 Code by amending Section 23-301 with reference to change ot county lines, and tor other purposes.

By Messrs. Teasley ot Cherokee, and McGraw of Meriwether.
House Bill No. 361. A bill to be entitled an Act to amend Par. II of Chapter 95-8 ot 1933 Code with reference to working public roads,and tor other purposes.

920

JouRNAL OF THE HousE,

By Mr. Hartsfield of Fulton. House Bill No. 389. A bill to be entitled an Act
.to amend Section 92-1402 of 1933 Code to provide that motor fuels sold for use in aircrafts shall be allocated to Highway Department for use in maintenance of such air ports. By Messrs. Head of Catoosa and Townsend of Dade.
House Bill No. 395. A bill to be entitled an Act to provide for the election of county boards of education by vote of people, and for other purposes. By Messrs. Ramsey, Hartsfield and Almand of Fulton.
House Bill No. 432. A bill to be entitled an Act to create a Bureau of Boiler Inspection,and for other purposes. By Mr. Settle of Butts.
House Bill No. 466. A bill to be entitled an Act to amend Chapter 86-9, Section 86-903 of 1933 Code to provide for pay and allowance for members of National Guard,and for other purposes. By Messrs. Arnall and Dyer of Coweta.
House Bill No. 476. A bill to be entitled an Act to prohibit ordinaries and clerks of Superior Court from giving legal advice to parties having interest in cases in their courts,and for other purposes. By Messrs. Bennett of Ware, Arnall of Coweta,Spivey of Emanuel,Peters of Meriwether,Pound of Hancock and Harris of Richmond.
House Bill No.491. A bill to be entitled an Act to amend Section 4620 of 1910 Code and Section 37-607 of 1933 Code,entitled Powers of sale in deeds of Trust,mortgages and other instruments must be strictly construed and fairly exercised,and for other purposes. By Messrs. Bennett of Ware,Arnall of Coweta,Spivey of Emanuel, Mundy of Polk, Peters of Meriwether, Pound of Hancock and Harris of Richmond.
HO'.lSe Bill No. 492. A bill to be entitled an Act to provide tr~t the finding of a court of competent

THURSDAY, FEBRUARY 7, 1935.

921

jurisdiction in sanity cases shall on date or rendition be conclusive,and for other purposes.

By Messrs. Bennett of Ware,Arnall of Coweta,Spivey of Emanuel,Mundy of Polk,Peters of Meriwether,Pound or Hancock and Harris or Richmond,
House Bill No. 493. A bill to be entitled an Act to provide that any person discharged from Milledgeville State Hospital,shall after said date be prima facie evidence presumed to be or sound mind,and for other purposes.

By Messrs. Bennett or Ware,Arnall or Coweta,Spivey of Emanuel,Peters of Meriwether,Mundy of Polk,Pound or Hancock and Harris or Richmond.
House Bill No. 494. A bill to be entitled an Act to provide that prescription shall not run against the owner or holder or a mortgage or deed, or other instruments creating a lien or conveying an interest in favor or a person who has actual notice,and ror other purposes.

By Messrs. Culpepper of Fayette, Sabados of Dougher-

ty, Kelley of Elbert.

House Bill No. 513. A bill to be entitled an Act

authorizing discount or

sanedlldwir.ecantidn

g A.

the Highway Department Railroad warrants and

to
pay

the proceeds into the State Treasury, and for other

purposes.

By Mr. Rivers or Lanier.

House Bill No.516. A bill to be entitled an Act

to direct render to

the the

SHtigahtwe aTy rDeaespuarrtemr ecnet rotarinGewo.rgainadtoA.sruenr-t-

al certificates,and ror other purposes.

By Mr. Campbell or Newton. House Bill No. 525. A bill to be entitled an Act
to regulate parking motor vehicles and other vehicles on the State Aid Roads,and for other purposes.

By unanimous consent,the following bills or the House were read the third time,and placed upon their passage:

922

JouRNAL OF THE HousE,

By Mr. Salter of Baker.

.

House Bill No. 375. A bill to be entitled an Act

to provide tor the payment of actual costs incurred

in the Superior Court of Baker County for the trial

and conviction of convicts worked upon the roads of

said County, and for other purposes.

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

On
nays

toh. e

passage

of

the

bill,

the

ayes

were

105,

The bill having received the requisite constitutional majority was passed. By Mr. Salter of Baker.
House Bill No.376. A bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues for Baker County,and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.

On nays

oth.e

passage

of

the

bill,

the

ayes

were

103,

The bill having received the requisite constitutional majority was passed.

By Mr. Wrench of Charlton. House Bill No. 388. A bill to be entitled an Act
creating a Board of Commissioners of Roads and Revenues of Charlton County,and for other purposes.

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

On nays

toh. e

passage

of

the

bill,

the

ayes

were

114,

The bill having received the requisite constitutional majority was passed.

THl'RSDAY, FEsRe.-\RY 7, tn~s.

923

By Mr. Williams of Coffee. House Bill No. 399. A bill to be entitled an Act
to amend an Act to establish a City Court or Douglas in the County or Coffee, and for other purposes.

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

On nays

toh. e

passage

or

the

bill,

the

ayes

were

109,

The bill having received the requisite constitutional majority was passed.

By Messrs. Hartsfield, Almand and Ramsey of Fulton. House Bill No. 410. A bill to be entitled an Act
to amend an Act so as to change the name of the Criminal Court of Atlanta,to the Criminal Court or Fulton County, and for other purposes.

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

On nays

ot h. e

passage

or

the

bill,

the

ayes

were

122,

The bill having received the requisite constitutional majority was passed.

By Messrs. Peebles and Felton or Bartow. House Bill No. 414. A bill to be entitled an Act
to amend the Charter of 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 nays

oth.e

passage

of

the

bill,

the

ayes

were

104,

The bill having received the requisite constitutional majority was passed.

By Messrs. Peebles and Felton of Bartow. House Bill No. 415. A bill to be entitled an Act

924

JouRNAL OF THE HousE,

to amend the Charter of 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 nays

toh. e

passage

of

the

bill,

the

ayes

were

118,

The bill having received the requisite constitutional majority was passed.

By Messrs. Dyer and Arnall of Coweta. House Bill No. 423. A bill to be entitled an Act
to amend an Act to abolish the offices of Tax Receiver and Tax Collector of Coweta County, to create the office of County Tax Comm1ss1oner,and for other purposes.

The report of the Comm1ttee, which was favorable to the passage of the bill,was agreed to.

On nays

oth. e

passage

of

the

bill,the

ayes

were

111,

The bill having received the requisite constitutional majority was passed.

By Messrs. Lanier,Harris and Barrett of Richmond. House Bill No. 424. A bill to be entitled an Act
to abolish the office of Chairman of the Board of Commissioners of Roads and Revenues 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 nays

ot h. e

passage

of_the

bill,

the

ayes

were

113,

The bill having received the requisite constitutional majority was passed.

THt'RSDAY, FEBRUARY 7, 1935.

925

By Mr. Kelley of Elbert. House Bill No. 427. A bill to be entitled an Act
to fix the amount of the Bond of the Sheriff of Elbert County at Two Thousand Dollars,and for other purposes.

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

On nays

oth. e

passage

or

the

bill,the

ayes

were

110,

The bill having received the requisite constitutional majority was passed.

By Messrs. Camp and Garrett or Carroll. House Bill No. 437. A bill to be entitled an Act
to amend an Act to consolidate the offices and duties of Tax Receiver and Tax Collector or Carroll County,and tor other purposes.

The report or the Committee, which was favorable to the passage or the bill, ~s agreed to.

On nays

oth.e

passage

or

the

bill,the

ayes

were

119,

The bill having received the requisite consti tutional majority was passed.

By Mr. Fowler ot Treutlen. House Bill No. 438. A bill to be entitled an Act
to create a Board of Commissioners of Roads and Revenues for Treutlen County, and tor other purposes.

The report or the Committee,which was favorable to the passage or the bill,was agreed to.

On nays

ot h. e

passage

of

the

bill,the

ayes

were

116,

The bill having received the requisite constitutional majority was passed.

926

JouRNAL OF THE HousE,

By Messrs. Bloodworth,Bowden and Freeman of Bibb. House Bill No. 446. A bill to be entitled an Act
to amend an Act re-enacting and amending 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 nays

ot h. e

passage

of

the

bill,the

ayes

were

112,

The bill having received the requisite constitutional majority was passed.

By Mr. Fowler of Treutlen. House Bill No. 455. A bill to be entitled an Act
to amend an Act creating the office of Tax Commissioner of Treutlen County,and for other purposes.

The report of the Comm1ttee,which was favorable to the passage of the bill,was agreed to.

On nays

toh. e

passage

of

the

bill,the

ayes

were

108,

The bill having received the requisite constitutional majority was passed.

By Mr. Gavin of Clay. House Bill No. 467. A bill to be entitled an Act
to abolish the office of County Treasurer of Clay County; to provide that the public funds of said county shall be received and paid out by the Clerk of the Board of Roads and Revenues,and for other purposes.

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

On nays

oth. e

passage

of

the

bill,the

ayes

were

107,

The bill having received the requisite constitutional majority was passed.

THURSDAY, FEBRUARY 7, 1935.

927

By ~. McCracken of Jefferson. House Bill No.'475. A bill to be entitled an Act
to amend an Act to provide that the Board of Commissioners of Roads and Revenues of Jefferson County shall consist of three members,the manner of their election,and for other purposes.

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

On nays

toh. e

passage

of

the

bill,the

ayes

were

117,

The bill having received the requisite constitutional majority was passed.

By Mr. Williams of Coffee. House Bill No. 478. A bill to be entitled an Act
to amend an Act abolishing the offices of Tax Receiver and Tax Collector,and establishing the office of Tax Commissioner 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 nays

toh. e

passage

of

the

bill,the

ayes

were

120,

The bill having received the requisite constitutional majority was passed.

By Messrs. Bloodworth,Bowden,and Freeman ot Bibb. House Bill No. 480. A bill to be entitled an Act
to amend an Act creating a Municipal Court of the City of Macon,and Acts amendatory thereof,and for other purposes.

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

On the passage of the bill,the ayes were 106, nays o.

928

JouRNAL oF THE HousE,

The bill having received the reqisite constitutional majority was passed.

By Mr. Moore of Clayton. House Bill No. 481. A bill to be entitled an Act
to amend an Act incorporating the Town of Forest Park, and for other purposes.

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

On
nays

oth. e

passage

of

the

bill,the

ayes

were

115,

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 Senators Simmons of the 8th District and Gary of the 12th District.
Senate Bill No. 61. A bill to be entitled an Act to establish and define the Georgia-Florida Military Highway, and for other purposes.
Referred to Committee on Public Highways No. 1.

By Senator Skelton of the 30th District. Senate Bill No. 124. A bill to be entitled an Act
t9 adopt and make of force the Code of Georgia,known as the Code of Georgia of 1933, and for other purposes.

Referred to the Committee on Special Judiciary.

By unanimous consent,the following bill of the House was read the third time,and placed upon its passage:

By Mr. Barnard of Towns.
House Bill No. 482. A bill to be entitled an Act to repeal an Act to provide for the election or appointment of County School Superintendents in certain counties,and for other purposes.

THURSDAY, FEBRIT.~RY 7, l~B.'l.

929

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

On nays

ot h. e

passage

of

the

bill,the

ayes

were

121,

The bill having received the requisite constitutional majority was passed.

By unanimous consent,the following bill of the House was placed on the calendar for the purpose of disagreeing to the unfavorable report of the Committee:

By Messrs. Terrell, Davis and Groover of Troup. House Bill No. 202. A bill to be entitled an Act
to provide for local distribution of automobile tags by the Ordinaries,and for other purposes.

The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:

By Mr. Dobbins of Morgan. House Bi~l No. 143. A bill to be entitled an Act
to create the office of Commissioner of Roads and Revenue in and for the County of Morgan, and for other purposes.

By unanimous consent,the following Senate amendment to House Bill No.l43,was agreed to:

By the Senate:

The Senate moves to amend House Bill No. 143, by striking all of Section 31 thereof and substituting a new Section 31, to read as follows:

"Section 31. An election shall be held in said County on the 20th day of February 1935, at which shall be submitted to the qualified voters of said County,qualified to vote in the last general election.tthe ratification or rejection of this Act.Said elec~ion shall be held under the rules and regulations applying to elections for members of the

930

JouRNAL OF THE HousE,

General Assembly,and notice thereof shall be given by publication by the ordinary for one week. Those desiring to vote in favor of the ratification of this Act shall have written or printed on their ballots the words 'For a one man Commissioner of Roads and Revenues' Those desiring to vote against the ratification and approval of this Act shall have written or printed on their ballots the words 'Against a one man Commissioner of Roads and Revenues' .If a majority of the qualified voters supporting said election vote in favor of the ratification and approval of this Act the same shall become effective upon an order of the ordinary to whom the returns of said election shall be made,entered upon his minutes,and upon the passage and approval of a companion bill repealing the Act of February 11,1874, as amended providing for the creation of a Board of Commissioners of Roads and Revenues of Morgan Count~ provided that the ordinary shall ascertain and declare the result of said election within three days from February 20, 1935."
Further amend House Bill No. 143 by striking Section 32 and inserting a new section to be Section 32, and read as follows:
"Section 32. At the election provided for in the preceding section there shall also be submitted to such qualified voters,under the same rules and regulations,the question of whether the Board of Commissioners of Roads and Revenues of said County as established under said Act of February 11, 1874, shall be elected by the people or by the grand jury, in the event of the rejection of this Act. Those desiring to vote in favor of electing the members of said Board of Commissioners by the people shall have written or printed on their ballots the words 'For election of County Commissioners by the people' Those desiring to vote for election of the members of said Board of Commissioners by the grand jury shall have written or printed on their ballots the words 'For election of County Commisstoners by the Grand jury' The returns of said election shall be made to the ordinary as provided in the foregoing

THURSDAY, FERRUARY 7, Hl.1:'i.

931

section,who shall ascertain and declare the result ot said election within three days trom February 20, 1935."
Further amend House Bill No. 143 by adding a section to be numbered Section 33, and to provide as follows:
"Section 33. All laws and parts ot laws in conflict with this Act are hereby repealed. 11
The following message was received !rom the Senate
through Mr. Hammond,the Secretary thereof:
Mr. Speaker: The Senate has passed by the requisite constitu-
tional majority the following bills ot the Senate, to wit: By Senators Johnson ot the 31st District,Skelton ot the 30th District and Scott ot the 7th District.
Senate Bill No. 27. A bill to be entitled an Act to amend Title 93 of the Code of Georgia of 1933 by adding to said Title a new section defining the term "Public Utility"; and for other purposes. By Senator Atkinson ot the lst District and others.
Senate Bill No. 40. A bill to be entitled an Act to propose to the qualified voters of Georgia,an amendment to Article 7, Section 2, Paragraph 2, of the Constitution of the State of Georgia,providing for the exemption !rom ad valorem taxation, ot the industries engaged in the manufacture ot paper or wood pulp or the products thereof. By Senator Kirkland of the 49th District.
Senate Bill No. 41. A bill to be entitled an Act defining the relationship of Judges and Jurors,and when they shall be disqualified. By Senator Skelton of the 30th District.
Senate Bill No. 124. A bill to be entitled an Act to adopt and make of force the Code of Georgia known

932

JouRNAL oF THE HousE,

as the Coae or Georgia or 1933, and tor other purposes.
Mr. Harris of Richmond, Vice Chairman o! the Committee on Rules, submitted the following report: Mr. Speaker:
Your Committee on Rules having had under consideration House Resolution 110 to establish an order of business for todays session has instructed me as- its Vice-Chairman,to report the same back to the House with the recommendation that the same be adopted.
Respectfully submitted, Harris of Richmond, Vice-Chairman.
By unanimous consent,the report of the Committee on Rules was adopted.
Under the order of business as fixed by the Committee on Rules,and adopted by the House,the following bills of the House were taken up for consideration and read the third time: By Messrs. Lanier Harris and Barrett of Richmond, Rivers of Lanier,McGraw of Meriwether,and Terrell of Troup.
House Bill No. 32. A BILL
An Act to propose to the qualified voters of the State of Georgia an amendment to Paragraph two (2) Section two (2) of Article seven (7) of the Constitution of the State or Georgia so as to exempt from ad valorem taxation,every head of a family and also to every guardian or trustee or a family or minor children,for the benefit or the minor children and also to all persons having the care and support or dependent females or any age,all clothing and also personal property not exceeding $300.00 in actual value,!or other purposes.

THURSDAY, FERRVARY 7, 19~:i.

933

SECTION 1 Be it enacted by the General Assembly of Georgia that Paragraph two (2) Section two (2) of Article seven (7) of the Constitution of Georgia is hereby amended by adding at the end of Paragraph two (2) Section two (2) of Article seven (7) of the Constitution of the State of Georgia the following: "There is hereby exempted,beginning December 31st., 1936, from all ad valorem taxation,State,County,Municipal and School District,except as hereinafter excepted,the personal property of the head of each family in this State,also every guardian or trustee of mlnor children,for the benefit of the minor children, and also to every aged or infirm person or persons having the care and support of dependent females of any age,including all clothing,household,and kitchen furniture(and other personal property)not to exceed $300 in actual value; Provided the person or persons herein entitled to exemption shall register such exemption of personalty,giving a full description thereof, in the office of the Ordinary in the County where the same is situated,which description shall be kept by such Ordinary in a special book provided for that purpose for wt1ich registration the Ordinary shall be paid a fee of fifty cents (50) to be paid by the registrant. Provided further that the value of the property in excess of said exempted personal property shall be subject to taxation,as now provided by law, the value to be ascertained by the taxing authorities of the county, or incorporate village, town or city as the case may be, as in case of other property. Provided further that such personalty shall remain subject to taxation for the payment of the interest on and the retirement of any bonded indebtedness lawfully incurred by the County, Municipality, or School District in which such personalty is situated,and which is outstanding and unpaid at the time of the ratification of this Amendment."
SECTION 2 Be it further enacted by the authority aforesaid, that when this amendment shall be agreed to by a

934

JouRNAL OF THE HousE,

two-thirds vote of the members elected to each Hous~ it shall be entered upon the Journal of each House with the "Yeas" 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 the Article seven (7) Section two (2) Paragraph two(2) of the Constitution exempting $500 in actual value from ad valorem taxation in clothing and personal property to every head of a family, the guardian or trustee of a family of minor children for the benefit of the minor children,to all persons having the care and support of dependent females of any age." All persons opposed to the adoption of said proposed amendment to the Constitution shall have written or printed on their ballots the words "Against the ratification of amendment to Paragraph two (2) Section two (2) Article seven (7) of the Constitution, exempting $300 in actual value from ad valorem taxation in clothing and personal property to each head of a family, the guardian or trustee of a family of minor children for the benefit of the minor children,to all persons having the care and support of dependent females of any age," and if the majority of the electors qualified to vote for the members of the General Assembly voting thereon shall vote for ratification,thereof,when the return shall be consolidated as now required by law in elections for members of the General Assembly,and return thereof be made to the Governor,then he shall declare said amendment adopted and make proclamation of the results by ~ublication of the results of said election by one (1) insertion in one of the daily papers of this State declaring the amendment ratified.
SECTION 3 Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

THURSDAY, FEBRUARY 7, 1935.

935

Mr. Welsch of Cobb moved the previous question,the motion prevailed,and the main question was ordered.
The following amendments to House Bill No. 32 were adopted: Messrs. Parker of Colquitt,Durden of Dougherty, and Sutton of Wilkes
Move to amend House Bill No.32 by striking from lines 9 and 10 of Section 1 and elsewhere where they appear in said bill the words "the personal property of the head of each family in the State" and inserting in lieu thereof the following language: "the owner of personal property".
Amend further by inserting at the end of Section 1 the following words: "The words 'personal property' or 'Personalty', wherever used in this bill,shall be defined as personal property used and included solely within the home,farm tools and implements,and animals of owners which are used for agricultural purposes,and shall include nc other personal pro:(:erty".
Amend further by inserting the words and figures "$500.00" for the words and figures "$300.00" wherever they appear in the bill.
Messrs. Mundy of Polk Lanier of Richmond, and Rivers of Lanier amend House Bill No. 32 by striking fromlinesl~9,20,21,22,and 23 in Section 1 thereof the words: in the office of the Ordinary in the County where the same is situated,which description shall be kept by such Ordinary in a special book provided for that purpose for which registration the Ordinary shall be paid a fee of 50 to be paid by the registrant", and inserting in lieu thereof the words: "upon such forms,terms and manner as shall be prescribed by the General Assembly of Georgia".
The amendment offered by Mr. Deal of Bulloch was withdrawn.
The amendment offered by Mr. Moye of Brooks was ruled out of order.

936

JouRNAL OF THE HousE,

The report or the Committee,which was favorable to the passage or the bill,was agreed to,as amended.
The bill involving an amendment to the Constitution or the State or Georgia, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams

Clements ot

Grayson

Allen

Wheeler

Green

Almand ot Fulton Cobb

Griffin ot Decatur

Almand ot Walton Cohen

Griffin ot Floyd

Ansley ot DeKalb Coleman

Groover

Ansley ot Lee Coxon

Groves

Arnall

Culpepper ot Guess

Atwood

Echols

Hammock

Bannister

Culpepper or Hampton

Bargeron

Fayette

Hand

Barnard

Darnell

Harris

Barrett

Daughtry

Harrison

Batchelor

Davis ot Troup Hartsfield

Bennett

Deal

Herndon

Bond

Dean

Head

Bowden

DeLoach

Hefner

Black

Dobbins

Henderson

Bland

Dorris

Hogan

Blease

Douglass

Hogg

Bloodworth

Durden

Holland

Bradley

Edwards of

Hooks

Brinson

Lowndes

Horton

Brooks

Edwards ot

Houston

Brown ot Glynn Stephens

Jackson ot Black-

Brown ot Greene Ennis

ley

Brown ot Pike Etheridge

Jackson ot Haber-

Burgin

Flynt

sham

Bush

Fowler

Joel

Camp

Freeman ot Bibb Johnson

Campbell

Freeman ot Early Jones ot Brantley

Caswell

Gammage

Jones ot Lumpkin

Claxton ot Cam- Gardner

Kelley

den.

Garrett

Lanier

Claxton ot John- Gavin

Lee

son

Gilbert

Leonard or Musco-

Clements ot Cal- Gnann

gee

houn

Goolsby

Leonard or Walker

THURSDAY, FEBRUARY 7, 1935.

937

Lewallen

Parham

Spivey

Lewis

Parker of Col- Standard

Lindsay

quitt

Stephens

McBride

Parker of Union Sutton

McCracken

Parks

Swindle

McCranie

Parr

Teasley

McCutchen

Patten of Cook Terrell of Troup

McGraw

Patten of Tift Terrell of War-

McKelvey

Peebles

ren

McNall

Peek

Thompson

Mallory

Perry

Tipton

Mann

Peters

Toms

Manning

Pound

Townsend

Marshall

Preston of Wal- Twitty

Milam

ton

Warnell

Minchew

Ramsey

Watkins

Mitchell of La- Rawlins

Watson

mar

Ray

Weeks

Mitchell of Tal- Ross

Welsch

iaferro

Sabados

Williams of Bacon

Moore of Clayton Salter

Williams of Cot-

Moore of Haral- Sammon

tee

son

Sartain

Williams of Jack-

Morris

Saunders

son

Moye

Scruggs

Williams of Jones

:Mundy

Settle

Wilson

Musgrove

Shedd

Woods

Neal

Shirah

Wrench

Newby

Smith of Madison Young

Oden

Smith of Webster Zellner

W See Appendix,Volume I ,for those not voting.

By unanimous consent, the verification of the roll

call was dispensed with.



On the passage of the bill, as amended, the ayes were 183, nays 0.

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

By unanimous consent, the bill,as amended,was ordered immediately transmitted to the Senate.

The following resolution of the Senate was read and adopted:

938

JouRNAL oF THE HousE,

By Senator Hart of the 36th District and Senator Smit.h of the 24th District.
Senate Resolution No. 55. A resolution requesting the Honorable Franklin D. Roosevelt to address the Georgia General Assembly on any date prior to the adjournment of the session,and for other purposes.
By unanimous consent,the following bill of the House was withdrawn from further consideration of the House: By Mr. Salter of Baker.
House Bill No. 27. A bill to be entitled an Act to define the term "Holding Company11 and "Affiliate";to prohibit holding companies from hereafter acquiring the majority of the common capital stock in any bank or national banking association in Georgia,and for other purposes.
Mr. Harris of Ridrumond moved that the House do now recess until 1:30 o'clock, this afternoon, and the motion prevailed.
The Speaker called the House to order. Under the order of business as set by the Rules Committee, the following bill was taken up for consideratlon,and read the third time: By Messrs. Jackson of Bleckley,Rivers of Lanier,Arnall of Coweta,Blease of Brooks,Hampton of Fannin, Howard of ScreveniLewallen of Banks,and others. House Bill No. 63. A bill to be entitled an Act to provide for State Farmers' Markets under direction of the Commissioner of Agriculture;to provide powers and duties of the Commissioner of Agriculture to carry this into effect,and for other purposes. The House was resolved into the Connnittee of the Whole House for the purpose of considering House Bill No. 163, and the Speaker designated Mr. Hand of Mitchell as the Chairman thereof. The Committee of the Whole House arose and through its Cbairman,reported progress,.and recommended that

THURSDAY, FEBRUARY 7, 1935.

939

House Bill No. 163 be recommitted to the Committee on General Agriculture No. 2.

Mr. Harris of Richmond moved that House Bill No. 163 be recommitted to the Committee on General Agriculture No. 2.

Mr. Lindsay of DeKalb moved to table House Bill No. 163.

Mr. Lanier of Richmond moved that House Bill No. 163 be recommitted to the Committee on General Agriculture No. 2, with instructions to report same back to the House within the week following.

On the motion to table,Mr. Lanier 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.:

Adams Almand of Fulton Ansley of DeKalb Ansley of Lee Atwood Batchelor Bond Black Bland Bloodworth Brinson Brooks Burgin Camp Cohen Coleman Culpepper of Echols Culpepper of Fayette Davis of Troup Dean

Douglass

Howard of Chatta-

Durden

hoochee

Edwards of Ste- Jackson of Haber-

phens

sham

Ennis

Joel

Freeman of Bibb Jones of Brantley

Gammage

Kelley

Garrett

Leonard of Musco-

Gavin

gee

Goolsby

Leonard of Walker

Griffin of Floyd Lewallen

Guess

Lewis

Hampton

Lindsay

Harrison

McCranie

Hartsfield

McGraw

Herndon

McNall

Head

Mallory

Hogg

Mann

Holland

Manning

Hooks

Milam

Horton

Mitchell of Lamar

Houston

Mitchell of Tal-

iaferro

940

JouRNAL or THE HousE,

Moye Mundy Parham Parks Patten of Cook Patten of Tift Peebles Peek Perry

Peters Ramsey Sabados

Terrell or Hall Toms Watkins

Sartain

Welsch

Shirah Smith of

Webster

Williams son

of

Jack-

Sutton Swindle Teasley

Williams of Jones Willingham Young

Those voting in the negative were hessrs.:

Almand of Walton Green

Arnall

Griffin of De- Preston of Bul-

Bannister

catur

loch

Bargeron

Groover

Preston of Wal-

Barnard

Hammock

ton

Barrett

Hand

Rawlins

Benton

Harris

Ray

Blease

Henderson

Salter

Bradley

Howard of Screv- Sammon

Brown of Pike en

Scruggs

Campbell

Jackson of Black- Settle

Caswell

ley

Shedd

Claxton of Cam- Johnson

Smith of Madison

den

Jones of Lumpkin ::>p1vey

Claxton of

Lanier

Standard

Johnson

Lee

Stephens

Clements of Cal- McBride

Terrell or

houn

McCracken

Troup

Clements of

McCutchen

Terrell o! War-

Wheeler

McKelvey

ren

Cobb

Marshall

ThompRon

Coxon

Minchew

Tipton

Darnell

Moore of Clayton Townsend

Deal

Moore of Haralson Twitty

Dorris

MUsgrove

Watson

Etheridge

Neal

Weeks

Flynt

Newby

Williams of Ba-

Wowler

Oden

con

.n ta:ana.n of Early Parker of Union

Gardner

Parr

Uilbert

Pound

Gnann

Williams of Coffee Wilson Wrench

<42J See Appendix,Volume I, for those not vo'Clng.

THURSDAY, FEBRUARY 7, 19~!'>.

941

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

On the motion to table the bill, the ayes were 86, nays 81, and the motion prevailed.

House Bill No. 163 was tabled.

Mr. Watson or Paulding moved to take House Bill No. 163 from the table.

On the motion to take from the table, Mr. Watson of Paulding moved the ayes and nays, and the motion to take from the table was ruled out of order by the Speaker.

Mr. Lanier of Richmond arose to a guestio~ of personal privilege and addressed the House.

Mr. Lindsay of DeKalb moved that the House do now adjourn.

On the motion to adjourn, Mr. Watson of Paulding 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

Campbell

Durden

Almand or Fulton Claxton of Cam- Edwards of Ste-

Almand of Walton den

phens

Ansley of DeKalb Clements of Cal- Ennis

Ansley of Lee houn

Etheridge

Atwood

Cohen

Flynt

Barnard

Coleman

Freeman of Bibb

Batchelor

Culpepper or Fay- Gannnage

Black

ette

Garrett

Bland

Darnell

Gavin

Bloodworth

Daughtry

Gnann

Brinson

Davis of Troup Goolsby

Brooks

Dean

Griffin of Floyd

Burgin

Dobbins

Groover

Camp

Douglass

Guess

942

JouRNAL oF THE HousE,

Hampton

McCranie

Ramsey

Hand

McGraw

Ross

Harrison

McNall

Sabados

Hartsfield

Mallory

Sartain

Herndon

l1arm

Smith of Webster

Head

Milam

Standard

Hogg

Mitchell of Sutton

Holland

Taliaferro Terrell of Hall

Horton

Moore of Clay- Terrell of Troup

Houston

ton

Terrell of War-

Jackson of Hab- Moye

ren

ersham

Mundy

Thompson

Jones of Brant- Neal

Toms

ley

Parham

Watkins

Kelley

Parks

Williams of Jack-

Leonard of Mus- Patten of Tift son

cogee

Peebles

Williams of Jones

Leonard of Walker Peek

Willingham

Lewallen

Perry

Wilson

Lewis

Peters

Young

Lindsay

Preston of Wal- Zellner

ton

Those voting in the negative were Messrs.:

Arnall Bannister Bargeron Barrett Bennett Benton Bond Blease Bradley Brown of Pike Caswell Claxton of Johnson Clements of Wheeler Cobb Culpepper of Echols Deal

Dorris

Lee

Fowler

McBride

Freeman of Early McCracken

Gardner

McCutchen

Gilbert

McKelvey

Green

Manning

Griffin of De- Marshall

catur

Minchew

Hammock

Moore of Haralson

Harris

Musgrove

Henderson

Newby

Howard of Screv- Oden

en

Parr

Jackson of

Patten of Cook

Bleckley

Pound

Joel

Preston of Bul-

Johnson

loch

Jones of Lump- Rawlins

kin

Ray

Lanier

Salter

THURSDAY, FF.(JRITARY 7, 1!).1:1.

943

Saiimlon

Spivey

Scruggs

Stephens

Settle

Thrasher

Shedd

Tipton

Shirah

Townsend

Smith of Madison Watson

Weeks Welsch Williams of Bacon Williams of Coffee Woods Wrench

<4'3) See Appendix,Volume I ,for those not voting.

By unanimous consent, the verification of the roll

call was dispensed with.



On the motion to adjourn,the ayes were 97, nays 69, and the motion prevailed.

Leaves of absence were granted to Messrs. Bush of Miller,Williams of Bacon,Joel of Clarke,Zellner of Monroe,Brown of P1ke,and Blease of Brooks.

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

944

JouRNAL OF THE HousE,

Representative Hall, Atlanta, Ga.

Friday, February 8,1935.

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

Camp

Edwards of Ste-

Allen

Campbell

phens

Almand of Fulton Caswell

Ennis

Almand of Walton Claxton of Cam- Etheridge

Anderson

den

Felton

Ansley of DeKalb Claxton of John- Flynt

Ansley of Lee son

Fowler

Arnall

Clements of Cal- Freeman of Bibb

Atwood

houn

Freeman of Early

Bannister

Clements of

Gammage

Bargeron

Wheeler

Gardner

Barnard

Cobb

Garrett

Barrett

Cohen

Gavin

Batchelor

Coleman

Gilbert

Bennett

Coxon

Gnann

Benton

Culpepper of Ec- Goolsby

Bond

hols

Grayson

Booth

Culpepper of Fay- Green

Bowden

ette

Griffin of Deca-

Black

Darnell

tur

Bland

Daughtry

Griffin of Floyd

Blease

Davis of Troup Groover

Bloodworth

Deal

Groves

Bradley

Dean

Guess

Brinson

DeLoad1'

Hammock

Brisendine

Dobbins

Hampton

BrookS

Dorris

Hand

Brown of Glynn Douglass Brown of Greene Durden

Harris Harrison

Brown of Pike Dyer

Burgin

Edwards of

Hartsfield Herndon

Bush

Lowndes

Head

FRIDAY, FEBRCARY 8, 193:-i.

945

Hefner

Martin

Saunders

Henderson

Milam

Scruggs

Hogan

Mills

Settle

Hogg

Minchew

Shedd

Holland

Mitchell of La- Shirah

Hooks

mar

Smith of Madison

Horton

Mitchell of Tal- Smith Of Webster

Houston

iaferro

Spivey

Howard of Chat- Moore of Clayton Standard

tahoochee

Moore of Haral- Stephens

Howard of

son

Sutton

Screven

Morris

Swindle

Jackson of

Moye

Teasley

Bleckley

Mundy

Terrell Of Hall

Jackson of Hab- Musgrove

Terrell Of Troup

ersham

Neal

Terrell of Warren

Joel

Newby

Thompson

Johnson

Oden

Thrasher

Johnston

Parham

Tipton

Jones of Brant- Parker Of Col- Toms

ley

quitt

Townsend

Jones of Lump- Parker of Union Twitty

kin

Parks

Warnell

Kelley

Parr

Watkins

Lanier

Patten of Cook Watson

Lee

Patten of Tift Weathers

Leonard of Mus- Peebles

Weeks

co gee

Peek

Welsch

Leonard of Walk- Perry

West

er

Peters

Whaley

Lewallen

Pound

Whitmire

Lewis

Preston of Bul- Williams of Bacon

Lindsay

loch

Williams Of Coffee

McBride

Preston of Wal- Williams Of Jack-

McCracken

ton

son

McCranie

Ramsey

Williams of Jones

McCutchen

Rawlins

Willingham

McGraw

Ray

Wilson

McKelvey

Reagan

Woods

McNall

Ross

Wrench

Mallory

Sabados

Young

Mann

Salter

Zellner

Manning

Sarmnon

l1r. Speaker.

Marshall

Sartain

@See Appendix,Volume I,for absentees.

946

JouRNAL OF THE HousE,

The following message was received from the Senate through Mr. Hammond,the Secretary thereof: Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House,to wit: By Mr. Almand of Fulton.
House Bill No. 151. A bill to provide for the payment of the fees of Justices of the Peace out of county funds in certain counties,and for other purposes. By Messrs. Hartsfield,Almand and Ramsey of Fulton.
House Bill No. 152. A bill to amend an Act changing certain officers from the fee to the salary system in Counties of over 200,000 population,and for other purposes. By Mr. Almand of Fulton.
House Bill No. 187. A bill to amend an Act to prescribe additional duties for coroners in counties of 200,000 population,and over,and for other purposes. By Messrs. Hartsfield,Almand and Ramsey of Fulton.
House Bill No. 224. A bill to provide that no person,firm or corporation shall operate any dance hall, museum,etc.,in any county of a certain population, without first obtaining the permission of the county authorities,and for other purposes. By Messrs. Hartsfield,Almand and Ramsey of Fulton.
House Bill No. 226. A bill to authorize Boards of Education in all counties of the State having a population in excess of 200,000, to borrow money for the operation of schools,and for other purposes. Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House,to wit:

FRIDAY, FEBRIJARY 8, 1933.

947

By Messrs. Sammons of Gwinnett, Lanier and Harris of

Richmond and others. House Bill No. 56.

A

~ill

to

be

entitled

an

Act

entitled "An Act to establish a Department of Insur-

ance", and for other purposes.

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

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following bills of the Senate,to wit:

By Senator Scott of the 7th District and Senator Lester of the 18th District.
Senate Bill No. 48. A bill amending the Code of Georgia of 1933 by providing for a State Board of Accountancy, and for other purposes.

By Senato1 Millican of the 35th District. Senate Bill No. 60. A bill to regulate the manu-
facture,sale,possession,control of narcotic drugs in the State of Georgia,and for other purposes.

By Senator Gaskins of the 6th District and Senator Simmons of the 8th Distri0t.
Senate Bill No. 62. A bill fixing a maximum charge by leaf tobacco warehouses of this State for selling and handling leaf tobacco,and for other purposes.

By Senator Pope of the 15th District. Senate Bill No. 68. A bill to prevent fraud in
reference to advertising for sale,selling or offering to sell plants,and to promote the plant industry in this State.

Mr. JackSon of Bleckley asked unanimous consent,to
take from the table,the following bill of the House, and the request was granted:

By Hessrs.Jackson of Bleckley,Rivers of La.nier,and others.
House Bill No. 163. A bill to be entitled an Act

948

JouRNAL oF THE HousE,

to provide for State Farmers' Markets under direction of the Commissioner of Agriculture,and for other purposes.
Mr. Jackson of Blackley moved that House Bill No. 163 be recomrndtted to the Committee on General Agriculture No. 2, and the motion prevailed.
By unanimous consent. the action of the House in passing the following bill of the House was reconsidered: By Mr. McCracken of Jefferson.
House Bill No. 475. A bill to be entitled an Act to amend an Act in reference to the Board of Commissioners of Roads and Revenues of Jefferson County, and for other purposes.
Mr. Preston of Bulloch, 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 was dispensed w1 th.
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. Introcuction of bills and resolutions under the Rules of the House. 2. Reports of Standing Committees. 3. Second reading of bills and resolutions,favorably reported. 4. Third reading and passage of local House and Senate Bills. 5. First reading and reference of Senate Bills. 6. Third reading and passage of House Bill No.200. By unanimous consent,the following bills and resolutions of the House were introduced,read the first time,and referred to the Committees:

FRIDAY, FEBRUARY 8, 1935.

949

By Mr. Ross of Dodge. House Bill No. 564. A bill to-be entitled an Act
to amend the Act creating a charter for the city of Eastman,and for other purposes.
Referred to Committee on Municipal Government. By Mr. Ross of Dodge.
House Bill No. 565. A bill to be entitled an Act to provide that all scrip or warrants or expenses in connection with courts in Dodge County shall be drawn by Clerk of Superior Court on Treasurer,and for other purposes.
Referred to Committee on Counties and County Matters. By Mr. Ross of Dodge.
House Bill No. 566. A bill to be entitled an Act to repeal the Act consolidating the offices of tax receiver and tax collector of Dodge County,and for other purposes.
Referred to Committee on Counties and County Matters. By Mr. Ross of Dodge.
House Bill No. 567. A bill to be entitled an Act to amend the act creating the"charter of Eastman,to provide that all candidates shall be qualified voters, and for other purposes.
Referred to Committee on Cbunties and County Matters. By Mr. Ross of Dodge.
House Bill No. 568. A bill to be entitled an Act to repeal an Act providing for salary instead of fee system to Clerk of Superior Court of Dodge County, and for other purposes.
Referred to Committee on Counties and County Matters.

950

JouRNAL or THE HousE,

By Mr. Ross of Dodge.
House Bill No. 569 A bill to be entitled an Act to amend the Act creating the office of Commissioner of Roads and Revenue for Dodge County, and for other purposes.

Referred to Committee on Counties and County Matters.

By Mr. Leonard of Muscogee.
House Bill No. 570. A bill to be entitled an Act to provide that there shall be a presumption of fraud on the part of any person seeking any contract,employment for legal services, or other contract in connection with claim for damages within seven days after such accident, and for other purposes.

Referred to Committee on General Judiciary No. 1.

By Mr. Williams of Coffee.
House Bill No. 571. A bill to be entitled an Act to amend an Act entitled an Act to raise revenue by levying taxes on those who pursue the business of operating motor vehicles for hire, so as to provide for collection and enforcement of tax, and for other purposes.

Referred to Committee on Motor Vehicles.

By Messrs. Twitty and Bennett of Ware.

House Bill No. 572. A bill to be entitled an Act

to amend an Act approved August 17, 1929, so as to

gthiveeut.hes.

State of Georgia the authori Government to acquire lands

ty to pennitin Okefenokee

Swamp, and for other purposes.

Referred to Committee on Public Highways No. 2.

By Mr. Jones of Lumpkin.
House Bill No. 573. A bill to be entitled an Act to appropriate to the Regents of the Un1vers1tySystem of Ga., one million dollars, and for other purposes.
Referred to Committee on Special Appropriations.

FRIDAY, FEBRUARY 8, 1935.

951

By Messrs. Dyer and Arnall or Coweta. House Bill No. 574. A bill to be entitled an Act
to amend Section 49-810 or 1933 Code so as to authorize the Ordinaries to allow guardians or incompetent veterans to expend funds !or support or dependent parents, and !or other purposes.
Referred to Committee on Special Judiciary. By Messrs. Ansley or Lee and Pound or Hancock.
House Bill No. 575. A bill to be entitled an Act to amend and re-enact the Motor Carriers Tax Act, and !or other purposes.
Referred to Committee on Motor Vehicles. By Messrs. Musgrove o! Clinch,Coleman o! Lowndes,and others.
House Bill No. 576. A bill to be entitled an Act to amend Title 5, Part VI, Chapter 5-16 or 1933 Code, so as to give corporate and county authorities power to appoint inspectors, and !or other purposes.
Referred to Committee on State or Republic. By Mr. Parker o! Union.
House Bill No. 577. A bill to be entitled an Act to increase the mileage or the State Aid Road System by adding a road in Union County, and !or other purposes.
Referred to Committee on Public Highways No. 2. By Messrs. Bannister and Tipton or Thomas.
House Bill No. 578. A bill to be entitled an Act to amend an Act authorizing prosecuting officers to prefer accusations in certain misdemeanor cases in Superior Court, so as to authorize same in all misdemeanor cases, and tor other purposes.
Referred to Committee on General Judiciary No. 1. By Messrs. Bannister and Tipton or Thomas.
House Bi~l No. 579. A bill to be entitled an Act

952

JouRNAL oF THE HousE,

to amend Article 6 of Constitution so as to prohibit dismissal of writs of error in Supreme Court and Court of Appeals for any official dereliction, and for other purposes.

Referred to Commdttee on Amendments to Constitution No. 1.

By Mr. Barrett of Richmond.
House Bill No. 580. A bill to be entitled an Act to require manufacturers of automobile tires to stamp date of manufacture on each piece of merchandise,and for other purposes.

Referred to Committee on Motor Vehicles.

By Messrs. Watkins of Oglethorpe and Marshall of Macon.
House Bill No. 581. A bill to be entitled an Act to amend Chapter 92-80 of 1933 Code so as to permit sheriffs and constables to levy a tee of 50 for entries of nulla bona on tax executions,and for other purposes.

Referred to Committee on General Judiciary No. 2.

By Mr. Lee of Pulaski. House Bill No. 582. A bill to be entitled an Act
to provide compensation for justice of the peace and notaries public for sitting and presiding as members of a committing court in felony and misdemeanor case, and for other purposes.

Referred to Committee on General Judiciary No. 1.

By Messrs. Black of Forsyth, Whitmire of Dawson and

Jones or Lumpkin.



House Bill No. 583. A bill to be entitled an Act

to add a road in Forsyth,Dawson and Lumpkin to the

State Aid Road System, and for other purposes.

Referred to Committee on Public Highways No. 2.

FRIDAY, FEBRL"ARY 8, 1933.

953

By Mr. Culpepper ot Echols. House Bill No. 584. A bill to be entitled an Act
to provide tor an additional voting precinct in Echols County, and tor other purposes.
Referred to Committee on Privileges and Election.
By Mr. Culpepper ot Echols.
House Bill No. 585. A bill to be entitled an Act to prohibit the transportation ot live stock from and within the State without a certified bill ot sale, and tor other purposes.
Referred to Committee on General Agriculture No. 1.
By Mr. Culpepper ot Echols.
House Bill No. 586. A bill to be entitled an Act to require that all persons employed by and paid from the public funds ot Echols County shall be residents ot said County, and tor other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Culpepper ot Echols.
House Bill No. 587. A bill to be entitled an Act to require the County Commissioners of Echols County to give bond, and tor other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Kelley ot Elbert.
House Bill No. 588. A bill to be entitled an Act to provide that when heirs at law may convey a valid title superior to the rights ot creditors,and for other purposes.
Referred to Committee on General Judiciary No. 2. By Mr. Teasley or Cherokee.
House Bill No. 589. A bill to be entitled an Act to provide that Cherokee County pay actual cost

954

JouRNAL oF THE HousE,

incurred in Superior Court for trial and conviction of misdemeanor convicts, and for other purposes.
Referred to Committee on Special Judiciary. By Mr. Teasley of Cherokee.
House Bill No. 590. A bill to be entitled an Act to abolish the fee system for sheriff of Cherokee County, and for other purposes.
Referred to Committee on Special Judiciary. By Mr. Caswell of Liberty.
House Bill No. 591. A bill to be entitled an Act to create a board of commissioners for Liberty County, and for other purposes.
Referred to Committee on Counties and County Matters. By Mr. Caswell of Liberty.
House Bill No. 592. A bill to be entitled an Act to abolish the board of commissioners of Liberty County, and for other purposes.
Referred to Committee on Counties and County Matters. By Messrs. Claxton of Johnson; Spivey of Emanuel; Fowler of Treutlen;and Woods of Emanuel.
House Bill No. 593. A bill to be entitled an Act to add a road in Johnson and Emanuel County to the State Aid Road System, and for other purposes.
Referred to Committee on Public Highways No. 2. By ~~. Dean of Rockdale.
House Bill No. 594. A bill to be entitled an Act to fix the fiscal year of the State University System as from September 1st through August 31st, and for other purposes.
Referred to Committee on University System.

FRIDAY, FEBRUARY 8, 1935.

955

By Mr. Culpepper of Echols. House Resolution No. 114-588a. A resolution re-
questing the State Librarian to furnish certain books to Echols County, and for other purposes.
Referred to Committee on Public Library. By Mr.Freeman of Early.
House Resolution No. 115-588b. A resolution proposing a constt tutional amendment to fix the compensation of members of the General Assembly at not more than $500 per annum, and for other purposes.
Referred to Committee on Amendments to Constitution No. 2. By Mr. Rivers of Lanier, Barrett, Harris and Lanier of Richmond.
House Resolution No. ll6-588c. A resolution proposing a constitutional amendment eliminating the payment of poll tax as a prerequisite to voting,and for other purposes.
Referred to Committee on Amendments to Constituti.on No. 1. By Yrr. Freeman of Early.
House Resolution No. 117-588d. A resolution proposing a constitutional amendment providing for annual sessions of the General Assembly, and for other purposes.
Referred to Committee on Amendments to Constitution No. 1. By Mr. Gammage of Terrell.
House Resolution No. ll8-588e. A resolution relieving J.M. Varner as surety on bond of Belle Blair, and for other purposes.
Referred to Committee on General JudiciarY No. 2. By Mr. Gammage of Terrell.
House Resolution No. ll9-588f. A resolution re-

956

JouRNAL OF THE HousE,

lieving J.M. Varner as surety on bond of Charlie Blair, and for other purposes.
Referred to Committee on General Judiciary No. ~ Mr. Lanier of Richmond County, Chairman of the Committee on Amendments to Constitution No. 1, submitted the following report: Mr. Speaker: Your Committee on Amendments to Constitution No. 1 have had under consideration the following bills and resolutions of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
House Resolution No. 91-474a, do pass as amended. House Resolution No. 92-474b, do pass as amended. House Bill No. 533, do pass. House Bill No. 530, do pass. House Bill No. 532, do pass. House Bill No. 534, do pass.
Respectfully submitted, Lanier of Richmond, Chairman.
Mr. Brown of Glynn County, Chairman of the Committee on Counties and CountyMatters,submitted the following report: Mr. Speaker:
Your Committee on Counties and County Matters have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 543, do pass. House Bill No. 546, do pass. House Bill No. 552, do pass. House Bill No. 548, do pass. House Bill No. 542, do pass. House Bill No. 541, do pass.

FRIDAY, FEBRUARY 8, 1935.

957

House Bill No. 554, do pass. House Bill No. 556, do pass.
Respectfully,subm1tted, Brown of Glynn, Chairman.
Mr. Rawlins of Ben Hill County, Chairman of the Committee on Game and Fish, submitted the following report: Mr. Speaker:
Your Committee on Game and Fish have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 69, do pass. House Bill No.l95, do pass. House Bill No.l94, do pass. House Bill No.l56, do pass. House Bill No.l57, do pass. House Bill No.l58, do pass. House Bill No.l71, do pass. House Bill No.l84, do pass. House Bill No.l96, do pass. House Bill No.l55, do pass by substitute as amended.
Respectfully submit ted, Rawlins of Ben Hill, Chairman.
Mr. Guess of DeKalb County, Chairman of the Committee on General Judiciary No. 1, submitted the following report: l'1r. Speaker:
Your Committee on General Judiciary No. 1 have had under consideration the following bills of the House and have instructed me as Chairrran, to report the same back to the House,with the following recommendations:

958

JouRNAL oF THE HousE,

House Bill No. 116, do pass. House Bill No. 175, do pass. House Bill No. 176, do pass. House Bill No. 232, do pass. House Bill No. 374, do not pass.
Respectfully submitted, Guess of DeKalb, Chairman.
Mr. Dorris of Crisp County, Chairman of the Committee on General Judiciary No. 2,subm1tted the following report: Mr. Speaker:
Your Committee on General Judiciary No. 2 have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 77, do pass by substitute. House Bill No. 43, do pass by substitute. House Bill No. 50, do not pass.
Respectfully submitted, Dorris of Crisp, Chairman.
Mr. Settle of Butts County, Chairman of the Committee on Military Affairs,submitted the following report: Mr. Speaker:
Your Committee on Military A!fairs have bad under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendation:
House Bill No. 545, do pass. Respectfully submitted, Settle of Butts, Chairman.

FRIDAY, FEBRUARY 8, 1935.

959

Mr. Clements o:r Wheeler County Chairnan o:r the Committee on MUnicipalGovernment,subndtted the rollowing report:

Mr. Speaker:

Your Committee on Municipal Government have had

under consideration the rollowing bills o:r the House and have instructed me as Chairman to report the same back to the House with the roilowing recommenda-

tions:

House Bill No. 460, do pass.

House House

Rill Bill

No. No.

5522061,

do do

pass. pass.

RespectfullY subndtted, Clements o:r Wheeler, Chairman.

Mr. Shirah or Colquitt County, Chairman o:r the Committee on Privileges and Elections, submitted the :following report:

Mr. Speaker:

Your Committee on Privileges and Elections have had under consideration the :following bills of the House

and have instructed me as Chairman to report the same back to the House with the foilowing recommendations:

House House House

Bill Bill Bill

NNNooo...2265802611,

do do do

pass. pass. pass.

Respectfully submitted, Shirah o:r Colquitt, Chairman.

Mr. Manning of Cobb County, Chairman or the Committee on Public Highways No. 1, submitted the rollowing report: Mr. Speaker:
Your Committee on Public Highways No.1 have had l.Ulder consideration the rollowing bills and resolutions

960

JouRNAL oF THE HousE,

of the House and have instructed me as Chairman,to report the same back to the House with the following reconnnendations:
House Bill No. 51L do pass,as amended. House Bill No. 32~, do pass. House Bill No. 363, do pass. House Bill No. 418, do pass. House Bill No. 433, do pass. House Bill No. 454, do pass. House Resolution No. 27-178a, do pass. House Resolution No. 82-440a, do pass. House Resolution No. 41-239d, do not pass.
Respectfully submitted, Manning of Cobb, Chairman.
Mr. Stephens of Laurens.County, Chairman of the Connnittee on Public Library, submitted the following report: Mr. Speaker:
Your Committee on Public Library have had under consideration the following bill and resolutions of the House and have instructed me as Chairmani to report the same back to the House with the fol owing recommendat1 ons:
House Bill No. 197, do pass. House Resolution No. 48-270f,do pass. House Resolution No. 47-270e,do pass. House Resolution No. 43-270a,do pass. House Resolution No. 71-372b,do pass. House Resolution No. 42-239e,do pass. House Resolution No. 68-350b,do pass. House Resolution No.l05-508b,do pass. House Resolution No.l07-539a,do pass. House Resolution No.l04-508a,do pass.
Respectfully submitted, Stephens of Laurens, Chairman.

FRIDAY, FEBRCARY 8, 193:>.

961

Mrs. Coxon of Long County, Chairman of the Committee on Public Welfare, submitted the following report: Mr. Speaker:
Your Committee on Public Welfare have had under consideration the following bills of the House and have.instructed me as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 311, do pass. House Bill No. 409, do pass. House Bill No. 457, do pass.
Respectfully submitted, Coxon of Long, Chairman.
Mr. Grayson of Chatham County, Chairman of the Committee on Special Judiciary, submitted the following report: Mr. Speaker:
Your Committee on Special JudiGiary have bad under consideration the following bill of the Senate and have instructed me as Chairman,to report the same back to the House with the following recommendation:
Senate Bill No. 124, do pass. Respectfully submitted, Grayson of Chatham, Chairman.
Mr. Grayson of Chatham County, Chairman of the Committee on Special Judiciary, submitted the following report: Mr. Speaker:
Your Committee on Special Judiciary have had under consideration the following bills and resolutions of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

"962

JouRNAL oF THE HousE,

House Bill No. 10, do pass, as amended. House Bill No.268, do pass, as amended. House Bill No.529, do pass. House Bill No.497, do pass. House Resolution No. 89-46Da, do pass. House Resolution No. 88-460c, do pass.
Respectfully submitted, Grayson of Chatham, Chairman.
Mr. Spivey of Emanuel County, Chairman of the Committee on Ways and Means, subm1 tted the following report:
Mr. Speaker: Your Conun1ttee on Ways and Means have had under
consideration the following bills of the House and/ or Senate and have instructed me as Chairman to report the same back to the House with the foliow!ng recommendations:
House Bill No. 549, do pass. House Bill No. 563, do pass. House Bill No. 425, do not pass. Senate Bill No. 33, do pass.
Respectfully submitted, Spivey of Emanuel, Chairman.
By unanimous consent, the following_bills and resolutions of the House and Senate, favorably reporte~ were read the second time: By Peters of Meriwether.
House Bill No. 10. A bill to be entitled an Act to create a Judicial Council for the State of Georgia, and for other purposes.
By Senator Crawford of the 42nd District. Senate Bill No. 33. A bill to be entitled an Act
to amend an Act entitled an Act to amend Section 582 of Civil Code by providing that County Warrants legally issued and not paid, shall bear interest at

FRIDAY, FEBRUARY 8, 1935.

963

legal rate from date of entry by the TreasurerJso as to provide that the rate or interest might be fixed by the governing authorities,and for other purposes. By Mr. McGraw of Meriwether.
House Bill No. 43. A bill to be entitled an Act to require and provide for the filing of every noteJaccount,claim or demand held by creditors against deceased debtors,and for other purposes. By Messrs. Parker and Shirah of Colquitt.
House Bill No. 51. A bill to be entitled an Act to designate the Taft Memorial Highway, and for other purposes. By Messrs. Parker and Shirah of Colquitt and Hand of Mitchell.
House Bill No. 52. A bill to be entitled an Act to provide for suspension of certain poll taxes as a prerequisite to votingJand for other purposes. By Mr. Williams o! Bacon.
House Bill No. 69. A bill to be entitled an Act to permit residents o! certain counties to !ish with hook and line,and !or oth~r purposes. By Mr. Thompson o! Muscogee.
House Bill No. 77. A bill to be entitled an Act to define the offense o! kidnapping !or ransom,and !or other purposes. By Messrs. Almand and Hartsfield o! Fulton and Terrell or Troup.
House Bill No. 116. A bill to be entitled an Act to authorize the Courts or Record to render declaratory judgments,and for other purposes. By Senator Skelton of the 30th District.
Senate Bill No. 124. A bill to be entitled an Act to adopt and make or rorce,the code or Georgia known as the 1933 Code,and for other purposes. By I1r. Milam of Spalding.
House Bill No. 155. A bill to be entitled an Act.

964

JouRNAL OF THE HousE,

to regulate hunting to prohibit the killing and possession o! deer and turkey, and !or other purposes. By Mr. Milam o! Spalding.
House Bill No. 156. A bill to be entitled an Act to prescribe a closed season !or the hunting o! deer, turkey,grouse and pheasants in certain counties,and !or other purposes. By Mr. Milam o! Spalding.
House Bill No. 157. A bill to be entitled an Act to regulate and prohibit the storage or game,and tor otner purposes. By Mr. Milam or Spalding.
House Bill No. 158. A bill to be entitled an Act to regulate and prohibit the hunting o! deer or other game animals at nite,and !or other purposes. By Mr. Jones ot Lumpkin.
House Bill No. 171. A bill to be entitled an Act to authorize a Commissioner of game and fish to contract with the Federal Government tor the control o! forest lands o! the State or Georgia, so as to stock with game and tish,and tor other purposes. By Messrs. Campbell o! Newton and Dean or Rockdale.
House Bill No. 175. A bill to be entitled an Act to amend the Code of Georgia which provides the punishment for burglary,so as to provide tor the death penalty for any person burglarizing an occupied dwelling house,and !or other purposes. By Messrs. Campbell o! Newton and Dean or Rockdale.
House Bill No. 176. A bill to be entitled an Act to amend the Code or Georgia which provides !or the punishment or robbery by open force so as to fix the punishment at death, and !or other purposes. By Messrs. Camp and Garrett of Carroll.
House Resolution No. 27-178a. A resolution requesting the paving of a driveway through the campus of the West Georgia College at Carrollton, Georgia, and tor other purposes.

FRIDAY, FEBRUARY 8, 1935.

965

By I1r. Milam o:r Spalding. House Bill No. 184. A bill to be entitled an Act
to amend the Code of Georgia of 1933, which makes it unlawful for any person to fish on the Sabbath, and tor other purposes. By Mr. Sutton of Wilkes.
House Bill No. 194. A bill to be entitled an Act to permit the use of steel traps in the County of Wilkes, a:!d !or other purposes. By Mr. Sutton of Wilkes.
House Bill No. 195. A bill to be entitled an Act to amend an Act so as to permit the taking of !ish in the trash water of Georgia, by providing for the use of seines on Broad River,and tor other purposes. By Mr. Jones of Lumpkin.
House Bill No. 196. A bill to be entitled an Act to amend the Code of Georgia of 1933, which provides for a minimum and maximum fine, and !or other purposes. By Mr. Ramsey o:r Fulton.
House Bill No.l97. A bill to be entitled an Act to provide !9r Public Libraries,and for other purposes. By Mr. Guess of DeKalo.
House Bill No. 232. A bill to be entitled an Act making it a misdemeanor tor any person,!irm, or corporation or officer thereof, engaged in the undertaking business to either directly or indirectly offer or give compensation to induce any one to employ said undertaker,and for other purposes. By Mr. Patten of Cook.
House Resolution No. 42-239e. A resolution authorizing the State Librarian to furnish Cook County with certain-volumes,and for other purposes. By Messrs. Horton and Young of Sumter, and Zellner of Monroe.
House Bill No. 260. A bill to be entitled an Act to provide that persons absent might cast their ballots

966

JouRNAL OF THE HousE,

in primaries and general elections,and for other purposes. By Mr. Head of Catoosa.
House Bill No. 268. A bill to be entitled an Act to amend Section 1007 of the Penal Code of 1926 regulating compensation of Clerks of Superior Court,and for other purposes. By Messrs. Grayson ,Cohen and McNall of Chatham.
House Resolution No. 43-270a. A resolution to authorize the State Librarian to furnish certain volumes of books to the Eastern Judicial Circuit, and for other purposes. By Mr. Watkins of Oglethorpe.
House Resolution No. 47-270e. A resolution to authorize the State Librarian to furnish certain volumes to OgleT.horpe County, and for other purposes. By Mr. Terrell or Warren.
House Resolution No. 48-270f. A resolution to furnish the Commissioner or Roads and Revenues or Warren County with certain volumes, and tor other purposes. By Messrs. Durden and Sabados or Dougherty.
House Bill No. 286. A bill to be entitled an Act to amend an Act providing tor the manner of holding primary elections by providing that same shall apply to county officers, and tor other purposes. By Messrs. Spivey of Emanuel, Cobb of Clark, Harris of RichmondiRamsey of Fulton and Mrs. Coxon or Long.
House Bil No. 313. A bill to be entitled an Act creating a board of public welfare in each County, and tqr other purposes. By Messrs. McCranie and Ross or Dodge.
House Bill No. 329. A bill to be entitled an Act to increase the State-Aid Road mileage by adding mileage in Dodge County,and for other purposes.

FRIDAY, FEBRUARY 8, 1935.

967

By Mr. Whaley of Telfair. House Resolution No. 68-350b. A resolution author-
izing the State Librarian to furnish Telfair County with certain volumes. By Messrs. Parr of Taylor and Johnston of Upson.
House Bill No. 363. A bill to be entitled an Act to amend an Act, providing for issuance of certificates of indebtedness by the Highway Department,and tor other purposes. By Messrs. Parker and Shirah of Colquitt.
House Resolution No. 71-372b. A resolution requiring the State Librarian to furnish certain law books to Colquitt County, and for other purposes. By Messrs. Ramsey of Fulton and Ansley of DeKalb.
House Bill No. 409. A bill to be entitled an Act to amend an Act establishing Juvenile Courts, and for other purposes. By Mr. Wrench of Charlton.
House Bill No. 418. A bill to be entitled an Act to increase mileage of State-Aid roads.by adding a road from St.Mary's River at Moniac to St. George, and for other purposes. By Messrs. Standard of Wilcox, Thrasher of Turner and Lee of Pulaski.
House Bill No. 433. A bill to be entitled an Act to increase the mileage of the State-Aid road system by adding mileage in Pulaski and Turner Counties,and for other purposes. By Messrs. Arnall and Dyer of Coweta.
House Resolution No. 82-440a. A resolution designating the official Jefferson Davis Highway in Georgia, and for other purposes. By Mr. Peebles ot Bartow.
House Bill No. 454. A bill to be entitled an Act to amend Neill-Traylor Act so as to include a road in Bartow County, and for other purposes.

968

JouRNAL or TH!i HousE,

By Messrs. Lewis o! Burke and Townsend o! Dade. House Bill No. 457. A bill to be entitled an Act
to provide !or licensing new charitable Agencies,and !or other purposes. By I1r. Hooks o! Glascock.
House Bill No. 460. A bill to be entitled an Act to amend an Act incorporating the Town or Mitchell, and !or other purposes. By Mr. Saunders o! Harris.
House Resolution No. 88-460c. A resolution to relieve F.L. Cook as surety on bond. By Mr. Kelley or Elbert.
lieHvoeusew.Rc.esAolluletnionasNsou. r8e9ty-46on0db. oAndr.esolution to re-
By Messrs. Parker and Shirah or Colquitt. House Resolution No. 91-474a. A resolution propos-
ing to voters an amendment to paragraph 13 or Article 5, o! the Constitution allowing the General Assembly
ana to convene in extraordinary session in cases or
emergency, !or other purposes. By Messrs. Parker and Shirah or Colquitt.
House Resolution No. 92-474b. A resolution proposing to the voters an amendment to the Constitution authorizing the City or Moultrie to pass and enforce zoning laws, and !or other purposes. By Mr. Brisendine o! Peach.
House Bill No.497. A bill to be entitled an Act to provide for the holding of four terms a year of Superior Court in Peach County,and !or other purposes. By Messrs. Hooks or Glascock and Terrell of Warren.
House Resolution No. 104-508a. A resolution authorizing State Librarian to furnish Glascock County with missing Georgia Reports, and for other purposes. By Messrs. Welsch and Manning or Cobb.
House Resolution No. 105-508b. A resolution authorizing and directing the State Librarian to

FRIDAY, FEBRGARY 8, 1935.

969

furnish Cobb County with certain Georgia Reports,and tor other purposes. By .Mr. Hampton of Fannin.
House Bill No. 520. A bill to be entitled an Act to amend the Act incorporating the City ot Blue Ridge,and tor other purposes. By .Mr. Hampton of Fannin.
House Bill No. 526. A bill to be entitled an Act to amend the Act incorporating the Town ot McCaysville,and for other purposes. By .Mr. Lewallen of Banks.
House Bill No. 529. A bill to be entitled an Act to amend an Act creating the Piedmont Judicial Circuit, and for other purposes. By Messrs. LanierL_Harris and Barrett of Richmond.
House Bill No. ooO. A bill to be entitled an Act to amend Section 95-2112, Chapter 95-21 of 1933 Code so as to empower certain counties to sell and/or use highway certificates for purchasing school books, and for other purposes. By Messrs. Lanier, Harris and Barrett ot Richmond.
House Bill No. 532. A bill to be entitled an Act to appoint the Board of Education of Richmond County, and tor other purposes. By Messrs. Lanier, Harris and Barrett of Richmond.
House Bill No. 533. A bill to be entitled an Act to abolish Justice Courts in Richmond County and in lieu thereof establish Municipal Court, and for other purposes. By Messrs. Lanier, Harris and Barrett ot Richmond.
House Bill No. 534. A bill to be entitled an Act to amend an Act creating a charter tor City ot Augusta, and tor other purposes. By Mr. Hampton ot Fannin.
House Resolution No. 107-539a. A resolution directing the State Librarian to furnish certain volumes

970

JouRNAL OF THE HousE,

to the Ordinary and Clerk of Superior Court of Fannin County, and for other purposes. By Mr. Hooks of Glascock.
House Bill No. 541. A bill to be entitled an Act to abolish the offices of County Treasurer of Glascock County, and !or other purposes. By Mr. Hooks of Glascock.
House Bill No. 542. A bill to be entitled an Act to abolish the office of Commissioner of Roads and Revenue of Glascock County; to create a Board of Commissioners !or Glascock County, and tor other purposes. By Mr. Moore o! Clayton.
House Bill No. 543. A bill to be entitled an Act to amend the Act creating the office of tax commissioner of Clayton County, and tor other purposes. By Mr. Settle ot Butts.
House Bill No. 545. A bill to be entitled an Act to repeal Section 86-501 ot 1933 Code, and tor other purposes. By Messrs. Allen and Ennis of Baldwin.
House Bill No. 546. A bill to be entitled an Act to amend Section 95-802 o! 1933 Code, so as to exempt certain persons in Baldwin County !rom road tax, and tor other purposes. By Messrs. Almand, Hartsfield and Ramsey o! Fulton.
House Bill No. 548. A bill to be entitled an Act to provide tor the establishment of County Boards ot Public Welfare in Fulton County, and tor other purposes. By Messrs. Spivey and Woods of Emanuel.
House Bill No. 549. A bill to be entitled an Act to prohibit goats from running at large in Emanuel County, and !or other purposes. By Mr. Darnell of Pickens.
House Bill No. 552. A bill to be entitled an Act

FRIDAY, FEBRt:ARY 8, 1935.

971

to repeal an Act creating the office or Commissioner of Roads and Revenue of Pickens County, and for other purposes.

By Mr. Hooks of Glascock. House Bill No. -554. A bill to be entitled an Act to
consolidate the offices of tax receiver and tax collector or Glascock County, and for other purposes.

By Mr. Townsend ot Dade. House Blll No. 556. A bill to be entitled an Act
to abolish the ottlce of tax collector and tax receiver, and for other purposes.

By Mr. Woods of Emanuel. House Bill No. 563. A bill to be entitled an Act
to amend Section 30-102 or 1933 Code, to supplement grounds tor total divorce, and for other purposes.

By unanimous consent,the following bills of the House and Senate were read the third time,and placed upon their passage:

By Senators Atkinson of the 1st District and Senator Beasley of the 2nd District.
senate Bill No. 26. A bill to be entitled an Act to grant to tbe United States or America, certain ungranted and reverted lands in Chatham County Georgia, and also a portion of Cockspur Island in Chatham County, and for other purposes.

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

On nays

toh. e

passage

or

the

bill,

the

ayes

were

111,

The bill having received the requisite constitutional majority was passed.

By Messrs. Lindsay, Guess and Ansley of DeKalb. House Bill No. 247. A bill to be entitled an Act
to provide that no person,!irm or corporation shall 'stablish a dance hall,sw1mming pool, or public place

972

JouRNAL OF THE HousE,

ot amusement tor money or profit outside the limits ot incorporated towns or cities in any County ot this State having within its boundaries the whole or a part or a City ot two hundred thousand population or over, without first obtaining the permission ot the Board ot Commissioner ot Roads and Revenues,and tor other purposes.

The report ot the Committee, which was favorable to the passage ot the bill, was agreed to.

On
nays

toh. e

passage

ot

the

bill,the

ayes

were

112,

The bill having received the requisite constitutional majority was passed.

By Mr. Garrett ot Carroll. House Bill No. 338. A bill to be entitled an Act
to increase the number ot terms ot the Superior Court ot Carroll County, and tor oth~r purposes.

The report or the Committee, which was favorable to the passage or the bill, was agreed to.

On nays

toh. e

passage

or

the

bill,the

ayes

were

106,

The bill having received the requisite constitutional majority was passed.

By Messrs. Hartstield,Almand and Ramsey or Fulton. House Bill No. 343. A bill to be entitled an Act
to amend an Act establishing a new Charter !or the City of Atlanta,authorizing the Mayor and General Council to carry over and retire a deficit or a certain amount on the basis or one-fifth or such amount,and tor other purposes.

The report of the Commdttee,whichwas favorable to the passage or the bill,was agreed to.

On the passage or the bill,the ayes were 109,
nays o.

FRIDAY, FEBRUARY 8, 1935.

973

The bill having received the requisite constitutional majority was passed.

By Messrs. Hartsfield,Almand and Ramsey of Fulton. House Bill No. 344. A bill to be entitled an Act
to amend an Act establishing a new charter for the City of Atlanta,authorizing Group Insurance for employees,and for other purposes.

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

On nays

toh. e

passage

of

the

bill,the

ayes

were

110,

The bill having received the requisite constitutional majority was passed.

By Mr. Garrett of Carroll.
House Bill No. 364. A bill to be entitled an Act to repeal an Act establishing a City Court in the City of Carrollton,and for other purposes.

The report of the Committee,wh1ch was favorable to the passage of the b1ll,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. Ramsey,Almand and Hartsfield of Fulton. House Bill No. 393. A bill to be entitled an Act
to amend an Act authorizing the creating of retirement funds tor county teachers in counties having a population of not less than 200,000,and tor other purposes.

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

On nays

toh. e

passage

of

the

bill,

the

ayes

were

107;

974

JouRNAL OF THE HousE,

The bill having received the requisite constitutional majority was passed. By Messrs. Lanier,Harris and Barrett o! Richmond.
House Bill No. 408. A bill to be entitled an Act to !ix the salaries of certain County Officers in Counties having a certain population,and for other purposes.
The report of the Committee,which was favorable to the passage of the bill,was agreed to.
o.On the passage of the bill,the ayes w-ere 120,nays
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 ~enators Johnson of the 31st District!Skelton of the 30th District and Scott of the 7th D strict.
Senate Bill No. 27. A bill to be entitled an Act to amend Title 93 ("Public Service Commission") of the Code of Georgia of 1933 by adding to Chapter 93-1 of said Title a new section,to be numbered 93-102, defining the term"Public Utility";by adding to Chapter 93-3 of said Title a new sect!on,to be numbered 93-320; to extend the jurisdiction o! the Public Service Commission,and for other purposes.
Referred to Committee on Public Utilities. By Senators Atkinson of the 1st District,Carswell of the 21st District and others.
Senate Bill No. 40. A bill to be entitled an Act to propose to the qualified voters of the State of Georgia;an amendment to the constitution of the State of Georgia,providing for the exemption from ad.valorem taxation,for fifteen years,of the industries engaged in the manufacture of paper or wood pulp or the products thereof,and for other purposes.
Refer.red to Committee on Amendments to Constitution No. 1.

FRIDAY, FEBRUARY 8, 1935.

975

By Senator Kirkland ot the 49th District. Senate Bill No. 41. A bill to be entitled an Act
defining the relationship ot Judges and Jurors,and when they shall be disqualitied,and tor other purposes.
Referred to Committee on General Judiciary No. 1. By Senators Scott ot the 7th District and Lester ot the 18th District.
Senate Bill No. 48. A bill to be entitled an Act to amend Title 84("Protessions,Businesses, and Trades"), Chapter 84-2 ("Accountants"), ot the Code ot Georgia ot 1933, by providing tor a State Board ot Accountancy,and tor other purposes.
Referred to Committee on State of Republic.
By Senator Millican ot the 35th District. Senate Bill No. 60. A bill to be entitled an Act
to regulate the manuracture,sale,possession,control, prescribing,administering,dispensary,compounding, mixing,cultivation and growth of narcotic drugs in the State of Georgia,and for other purposes.
Referred to Committee on General Judiciary No. 2. By Senators Gaskins of the 6th District and Simmons ot the 8th District.
Senate Bill No. 62. A biil to be entitled an Act fixing a maximum charge by leaf tobacco warehouses of this State for selling and handling leaf tobacco, and for other purposes.
Referred to Committee on General Agriculture No.2.
By Senator Pope of the 15th District. Senate Bill No. 68. A bill to be entitled an Act
to prevent fraud in reference to advertising for sale,selling or offering to sell plants, and to promote the plant industry in this State,and for other purposes.
Referred to Committee on General Agriculture No.2.

976

JouRNAL oF THE HousE,

By unanimous consent,the following bill ot the House was read the third time and placed upon its passage:

By Mr. Rivers ot Lanier.
House Bill No. 200. A bill to be entitled an Act to enable the City of Lakeland to be given certain relief in the operation of its utilities under authority of the Constitutional Amendment and enabling Act authorizing such operation,and for other purposes.

The report or the Committee,which was favorable to the passage ot the bill,was agreed to.

On nays

toh. e

passage

of

the

bill,the

ayes

were

113,

The bill having received the requisite constitutional majority was passed.

By unanimous consent the following bill of the House was recommitted to the Committee on Counties and County Matters:

By Mr. McCracken of Jefferson.
House Bill No. 475. A bill to be entitled an Act to amend an Act in reference to the Board of Commissioners of Roads and Revenues of Jefferson County, and tor other purposes.

The following resolution of the House was read and adopted:

By Messrs. Bennett and Twitty of Ware. House Resolution No. 112. A resolution memorializ-
ing Congress to enact appropriate legislation whereby funds will be available for use in the building of a road,and improvement thereof, through the Okefenokee Swamp to the Florida line with Lake City Florida,as a highway objective,and for other purposes.
By unanimous consent,the resolution was o~dered immediately transmitted to the Senate.

FRIDAY, FEBRUARY 8, 1935.

977

The following resolution or the House was read and adopted: By Messrs. Groover,Davis and Terrell or Troup.
House Resolution No. li3. A resolution requesting the State Highway Board to pave and improve State Highway No. 1.
By unanimous consent,the following bill or the House was withdrawn from the Committee on University System or Georg1a,and recommitted to the Committee on Education No. 2: By Messrs. Milam or Spalding and Ramsey or Fulton.
House Bill No. 398. A bill to be entitled an Act to amend the Code of Georgia or 1933, which prescribes the qualifications of County School Superintendents,and for other purposes.
The following resolution of the House was read:
By Mr. Wrench of Charlton.
House Resolution No. 120. A Resolution.-Resolved that in as much as Speaker Rivers announced after the House had voted adjournment Thursday afternoon, that Chairman Swindle,of the Auditing Committee,had refused to commend action approving double mileage,
Be it therefore hereby resolved, That the House in Session assembled approve Chairman Swindle's action in disapproving such double mileage and request such payment of double mileage be not accepted.
Mr. Williams of Coffee moved to table the resolution.
On the motion to table,the ayes were 84, nays 19. The resolution was tabled. Under the special and continuing order of business as fixed by the Committee on Rules, at yesterday's session,the following bills and resolution of the House were taken up for consideration, and read the third time:

978

JouRNAL OF THE HousE,

By Mr. Johnson of Seminole. House Bill No. 400. A bill to be entitled an Act
to amend the Code of Georgia,by adding a new section, authorizing the Director of the Bureau of Markets to establish and promulgate price differentials between various grades of agricultural products,and tor other purposes.
By unanimous consent,further consideration of House Bill No. 400 was postponed until next Tuesday, February 12th, immediately after the expiration of the period of unanimous consents. By Mr. Cohen of Chatham.
House Bill No. 19. A bill to be entitled an Act to authorize executors,admintstrators,etc.,to invest trust funds in any bonds or other obligations of the United States Government,and to validate investments heretofore made in such securities,and for other purposes.
Mr. Howard of Chattahoochee moved the previous question,the motion prevailed,and the main question was ordered.
The following amendment was read arid adopted: Mr. Cohen ot Chatham moves to amend House Bill No. 19, entitled an Act authorizing executors,administrators,etc.,to invest trust funds by amending the caption thereof after the words "United States Government" by adding "or any corporation created by an Act of Congress whose bonds are guaranteed by the United States Government". Further moves to amend House Bill No. 19,by adding at th& end of Section 1 thereof the following: "And executors,administrators,guardians and trustees are further authorized to invest trust funds in the bonds of any corporation created by an Act of Congress,the bonds of which said corporation so created by the said Act of Congress are guaranteed by the United States Government. No person,firm,corporation or association shall be liable to account for a greater

FRIDAY, FEBRUARY 8, 1935.

979

rate of interest than the amount actually received on said investment".

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

On were

the 114,

pnaassyasgeo.

of

the

bill,

as

amended,

the

ayes

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

By unanimous consent,the bill,as amended,was ordered immediately transmitted to the Senate.

By Mrs. Coxon or Long, and Messrs. Gardner of Candler and Cohen of Chatham.
House Resolution No. 54-298a. A Joint Resolution directing the Governor to proclaim October 11th of each year, "General Pulaski's Memorial Day", for the observance and commemoration of the death of Brigadier General Casimer Pulaski, and for other purposes.

The report or the Committee,whichwas favorable to the adoption of the resolution,was agreed to.

On 103,

nthaeysadoo. ption

of

the

resolution,the

ayes

were

The resolution having received the requisite constitutional majority was adopted.

By unanimous consent,the resolution was ordered immediately transmitted to the Senate.

By Messrs. Ansley, Guess and Lindsay of DeKalb.

House Bill No. 377. A bill to be entitled an Act

to protect the students of the public schools and

colleges from fire hazard in said buildings, to pro-

vide for the erection of adequate fire escapes,and

for other purposes.



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

980

JouRNAL oF THE HousE,

On nays

toh. e

passage

o!

the

bill,

the

ayes

were

110,

The bill having received the requisite constitutional majority was passed.

By unanimous consent, the bill was ordered immediately transmitted to the Senate.

Under the regular order o! business,the following bill or the House was taken up !or consideration,and read the third time:

By Mr. Spivey o! Emanuel. House Bill No. 16. A bill to be entitled an Act
to provide !or the appointment o! special officers upon the request or the president or resident executive officer of any company or corporation oper~ ating and doing business in this State as a common carrier,and for other purposes.

By unanimous consent,!urther consideration of House Bill No. 16 was postponed until next Monday, February 11th, immediately after the expiration or the period o! unanimous consents.

By unanimous consent,the following bill of the House was withdrawn !rom further consideration of the House:

By Mr. Ansley o! DeKalb. House Bill No. 79. A bill to be entitled an Act to
establish Juvenile Courts in certain counties,defining the powers thereof,and for other purposes.

Mr. Groves of Lincoln moved that the House do now adjourn until Monday morning,February 12, at 10:00 o'clock, and the motion prevailed.

Leave of absence was granted to Mr. Parker of Union.

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

MoNDAY, FEBRUARY 11, 1935.

981

Representative Hall, Atlanta,Ga.

Monday, February 11,1935.

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 Rabbi Epstein.

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

Adams

Camp

Edwards of Ste-

Allen

Campbell

phena

Almand of Fulton Caswell

Ennis

Almand of Walton Claxton of Cam- Etheridge

Anderson

den

Felton

Ansley of DeKalb Claxton of

Flynt

Ansley of Lee Johnson

Fowler

Arnall

Clements of Cal- Freeman of Bibb

Atwood

houn

Freeman of Early

Bannister

Clements of

Gammage

Bargeron

Wheeler

Gardner

Barnard

Cobb

Garrett

Barrett

Cohen

Gavin

Batchelor

Coleman

Gilbert

Bennett

Coxon

Gnann

Benton

Culpepper of Ec- Goolsby

Bond

hols

Grayson

Booth

Culpepper of Green

Bowden

Fayette

Griffin of Decatur

Black

Darnell

Griffin of Floyd

Bland

Daughtry

Groover

Blease

Davis of Troup Groves

Bloodworth

Deal

Guess

Bradley

Dean

Hammock

Brinson

DeLoach

Hampton

Brisendine

Dobbins

Hand

Brooks

Dorris

Harris

Brown of Glynn Douglass

Harrison

Brown of Greene Durden

Hartsfield

Brown of Pike Dyer

Herndon

Burgin

Edwards of

Head

Bush

Lowndes

Herner

982

JouRNAL OF THE HousE,

Henderson

Milam

Settle

Hogan

Mills

Shedd

Hogg

Minchew

Shirah

Holland

Mitchell of La- Smith or Madison

Hooks

mar

Smith or Webster

Horton

Mitchell or Tal- Spivey

Houston

ia!erro

Standard

Howard of Chat- Moore of Clayton Stephens

tahoochee

Moore of Haral- Sutton

Howard of Screv- son

Swindle

en

Morris

Teasley

Jackson of

Moye

Terrell of Hall

Blackley

Mundy

Terrell of Troup

Jackson of Hab- Musgrove

Terrell of War-

ersham

Neal

ren

Joel

Newby

Thompson

Johnson

Oden

Thrasher

Johnston

Parham

Tipton

Jones of Brant- Parker or Col- Toms

ley

quitt

Townsend

Jones or Lump- Parkar or Union Twitty

kin

Parks

Warnell

Kelley

Parr

Watkins

Lariier

Patten or Cook Watson

Lee

Patten of Tift Weathers

Leonard of Mus- Peebles

Weeks

cogee

Peek

Welsch

Leonard of Walk- Perry

West

er

Peters

Whaley

Lewallen

Pound

Whitmire

Lewis

Preston of Bul- Williams of Ba-

Lindsay

loch

con

McBride

Preston of Walton Williams or cor-

McCracken

Ramsey

!e0

McCranie

Rawlins

.. tlliams of Jack-

McCutchen

Ray

son

McGraw

Reagan

Williams or Jones

McKelvey

Ross

Willingham

McNall

Sabados

Wilson

Mallory

Salter

Woods

Mann

Sammon

Wrench

Manning

Sartain

Young

Marshall

Saunders

Zellner

Martin

Scruggs

Mr. Speaker

~See Appendix,Volume I,for absentees.

MoNDAY, FEBRUARY 11, 193:l.

983

Mr. Preston o! Bulloch, Chairman o! the Committee on Journals, reported that the Journal o! yesterday's proceedings had been read and found correct.

By unanimous consent,the reading o! the Journal was dispensed with.

The Journal was confirmed. By unanimous consent, the following was established as the order o! business during the first part o! the period o! unanimous consents:
1. Introduction ot bills and resolutions under the Rules of the House.
2. Reports ot Standing Committees. 3. Second reading o! bills and resolutions,tavorably reported. 4. Third reading and passage o! local uncontested House Bills. 5. First reading and reference o! Senate Bills. 6. Third reading and passage o! Senate Bill No.l24.

The following resolution ot the House was read and adopted:

By Mr. Felton ot Bartow.

House Resolution No. 121. A resolution paying the

respects o! the House ot Representatives to the late

Mrs. Corra Harris or Bartow County, and tor other

purposes.

-

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

By Messrs. Sutton o! ~ilkes;Spivey ot Emanuel;Arnall and Dyer o! Coweta;Sabados o! Dougherty;Groves or Lincoln;and Bennett ot Ware.
House Bill No. 595. A bill to be entitled an Act to regulate collection and commercial agencies,and tor other purposes.

Referred to Committee on Special Judiciary.

984

JouRNAL OF THE HousE,

By Mr. Sutton ot Wilkes. House Bill No. 596. A bill to be entitled an Act
to amend an Act creating a county depository !or Wilkes County, and tor other purposes.
Referred to Committee on Special Judiciary. By Messrs. Sutton or Wilkes and Brown or Greene.
House Bill No. 597. A bill to be entitled an Act to amend Traylor -Neill bill so as to exclude a road in Wilkes County and substitute road !rom Washington to Greensboro,and ror other purposes.
Referred to Committee on Special Judiciary. By Messrs. Bannister and Tipton or Thomas.
House Bill No. 598. A bill to be entitled an Act to amend Section 6167 or 1910 Code with reference to tiling or exceptions and to time or making out transcripts or record,and !or other purposes.
Referred to Committee on General Judiciary No. 2. By Mr. Terrell of Troup.
House Bill No. 599. A bill to be entitled an Act to create the State office or Lieutenant-Governor, and ror other purposes.
Referred to Committee on Amendments to Constitution No. 2. By Messrs. Hartsfield, Ramsey and Almand or Fulton; Freeman and Bloodworth or Bibb.
House Bill No. 600. A bill to be entitled an Act to repeal an Act approved August 19, 1912, creating in certain counties a Board or Examiners or Stationary Engineers and Firemen,and tor other purposes.
Referred to Committee on Counties and County Matters. By Mr. Ramsey of Fulton.
House Bill No. 601. A bill to be entitled an Act to confer authority on State Board ot Education to

MoNDAY, FEBRUARY 11, 1935.

985

license teachers employed in public schools, and tor other purposes.
Referred to Committee on Education No. 1. By Messrs. Harris of Richmond and Cohen ot Chatham.
House Bill No. 602. A bill to be entitled an Act to increase the powers and duties ot temporary administrators,and for other purposes.
Referred to Committee on General Judiciary No. 1. By Messrs. Bennett ot Ware, Spivey ot Emanuel and Twitty of Ware.
House Bill No. 603. A bill to be entitled an Act to provide for the filing,recordation and indexing ot plats,and tor other purposes.
Referred to Committee on Special Judiciary. By Messrs. Terrell,Groover and Davis ot Troup.
House Bill No. 604. A bill to be entitled an Act ~o amend an Act creating the City Court ot LaGrange, and tor other purposes.
Referred to Committee on Special Judiciary. By Mr. Almand of Fulton.
House Bill No. 605. A bill to be entitled an Act to amend Section 113-1505 of 1933 Code so as to provide that administrators shall give 6 weeks notice by advertisement to render accounts;providing that administrators might distribute to heirs at his own risk, and tor other purposes.
Referred to Committee on Special Judiciary. By Mr. Almand of Fulton.
House Resolution No. 122-605a. A resolution to pay C.P. ~yrd $536.15 for work done for the State,and for other purposes.
Referred to Committee on Special Appropriations.

986

JouRNAL oF THE HousE,

By Mr. Holland of Chattooga. House Resolution No. 123-605b. A resolution pro-
posing to the voters an amendment to the Constitution authorizing Chattooga County to make temporary loans, and for other purposes.
Referred to Committee on Amendments to Constitution No. 2. By Mr. Rivers of Lanier.
House Resolution No.l24-605c. A resolution requiring the teachers in public schools to take an oath of allegiance to the government of this State and of the United States,and for other purposes.
Referred to Committee on Education No. 2. By Messrs. Terrell, Davis and Groover of Troup.
House Resolution No. 125-605d. A resolution to provide that the road known as Highway No. 1 between Columbus and Tennessee State Line shall be designated and maintained as a Military Highway,and for other purposes.
Referred to Committee on Public Highways No. 2. By Mr. Tipton of Thomas.
House Resolution No. 126-605e. A resolution authorizing the Highway Department to send to each purchaser of automobile tag,law with reference to stopping for school busses,and for other purposes.
Referred to Committee on Education No. 1. By Mr. Lindsay of DeKalb.
House Resolution No. 127-605f. A resolution providing a special appropriation of $4850.00 to pay Dr. J.M.Sutton,former State Veterinarian,and for other purposes.
Referred to Committee on Special Appropriations. By Messrs. Arnall of Coweta and McNall of Chatham.
House Bill No. 606. A bill to be entitled an Act

MoNDAY, FEBRUARY 11, 1935.

987

to give Police Court Recorders ex-officio Justice or the Peace powers, and tor other purposes.
Referred to Committee on General Judiciary No. 1. By Messrs. Bennett and Twitty or ware; Spivey or Emanuel and Sutton or Wilkes.
House Bill No. 607. A bill to be entitled an Act to limit to 5 years the effect of tiling tor record any mortgage or other security instrument creating a lien or conveying an-interest in personal property, and for other purposes.
Referred to Committee on Special Judiciary. By Mr. Kelley of Elbert.
House Bill No. 608. A bill to be entitled an Act to amend an Act amending the charter or the City or Elberton, and tor other purposes.
Referred to Committee on MUnicipal Government. Mr. Peters of Meriwether County, Chairman of the Committee on Banks and Banking,subm1tted the following report: Mr. Speaker: Your Committee on Banks and Bartking have had under consideration the following bills ot the House and have instructed me as Chairman, to report the same back to the House with the following recommendations: House Bill No. 412, do pass. House Bill No. 297, do pass by substitute. House Bill No. 397, do pass by substitute.
RespectfullY submitted, Peters of Meriwether, Chairman.
Mr. Watson ot Paulding County, Chairman of the Committee on Education No. 2, submitted the following report:

988

JouRNAL OF THE HousE,

Mr. Speaker:
Your Committee on Education No. 2 have had under consideration the following bill or- the House and have instructed me as Chairman. to report the same back to the House with the following recommendation:
House Bill No. 511, do pass, as amended. Respectfully submitted, Watson ot Paulding, Chairman.
Mr. Terrell or Troup County, Chairman or the Committee on Special Appropriations, submitted the following report: Mr. Speaker:
Your Comrrdttee on Special Appropriations have had under consideration the following resolution or the House and have instructed me as Chairman,to report the same back to the House with the following recommendation:
House Resolution No.50-270h, do pass. Respectfully submitted, Terrell ot Troup, Chairman.
By unanimous consent,the following bills and resolution or the House,ravorably reported,were read the second time: By Mr. Bradley or Tattnall.
House Resolution No. 50-270h. A resolution authorizing the retirement or Cedarhaw School District Bonds, and tor other purposes. By Mr. Allen or Baldwin.
House Bill No. 297. A bill to be entitled an Act to amend Title 89, Chapter 89-8, Section 89-812 of 1933 Code relating to bonds or depositories,and tor other purposes.

MoNDAY, FEBRUARY 11, 1935.

989

By Mr. Allen of Baldwin. House Bill No. 397. A bill to be entitled an Act
to amend Section 1256 of 1910 Code, so as to authorize depositories to deposit with State Treasurer bonds or a subsidiary corporation of the United States,and for other purposes. By Mr. Douglass of Talbot.
House Bill No. 412. A bill to be entitled an Act to amend Title 25, Chapter 25-1, Section 25-122 or 1933 Code relative to exandnation of credit unions by the Superintendent or Banks, and for other purposes. By Mr. Rivers of Lanier.
House Bill No. 511. A bill to be entitled an Act to equalize educational opportunities; to provide for a school year or seven months, and for other purposes.
By unanimous consent,the following bills or the House were read the third time,and placed upon their passage: By Mr. Twitty of Ware.
House Bill No. 182. A bill to be entitled an Act to repeal an Act entitled an Act to vest the powers or sheriffs in tax collectors in counties or a certain population, and for other purposes.
The report or the Committee, which was tavorable to the passage of the bill, was agreed to.
On the passage or the bill, the ayes were 121,
nays o.
The bill having received the requisite constitutional majority was passed. By Mr. Sutton of Wilkes.
House Bill No. 194. A bill to be entitled an Act to permit the use or steel traps in Wilkes County for trapping predatory fur-bearing animals,and for other purposes.

990

JouRNAL OF THE HousE,

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

On nays

oth. e

passage

or

the

bill,the

ayes

were

110,

The bill having received the requisite constitutional majority was passed.

By 11r. Sutton ot Wilkes. House Bill No. 195. A bill to be entitled an Act
to amend an Act to permit the taking ot tish in the fresh waters or Georgia,by providing tor the use ot seines in Broad River,and tor other purposes.

The report ot the Committee, which was favorable to the passage or the bill,was agreed to.

On nays

oth. e

passage

or

the

bill,the

ayes

were

111,

The bill having received the requisite constitutional majority was passed.

By Mr. Hooks ot Glascock. House Bill No. 460. A bill to be entitled an Act
to create a Charter for the City or Mitchell,and tor other purposes.

The report or the Committee, which was favorable to the passage or the bill, was agreed to.

On nays

toh. e

passage

or

the

bill,the

ayes

were

112,

The bill having received the requisite constitutional majority was passed.

By Mr. Brisendine ot Peach. House Bill No. 497. A bill to be entitled an Act
to provide tor holding tour terms a year or the Superior Court ot Peach County,and tor other purposes.
The report ot the Committee,which was favorable to the passage ot the bill, was agreed to.

MoNDAY, FEBRUARY 11, 1935.

991

On
nays

toh. e

passage

of

the

bill,the

ayes

were

1131

The bill having received the requisite constitutional majority was passed.

By Mr. Hampton or Fannin. House Bill No. 520. A bill to be entitled an Act
to amend,consolidate,and supersede the several Acts relating to and incorporating the City of Blue Ridg~ and for other purposes.

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

On nays

toh. e

passage

of

the

bill,

the

ayes

were

114,

The bill having received the requisite constitutional majority was passed.

By Mr. Hampton of Farmin. House Bill No. 526. A bill to be entitled an Act
to amend an Act, as amended, to consolidate and supersede the several Acts relating to and incorporating the town of McCaysville,and for other purposes.

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

On nays

toh. e

passage

or

the

bill,the

ayes

were

115,

The bill having received the requisite constitutional majority was passed.

By Messrs. Lanier,Harris and Barrett of R1chmon0. House Bill No. 533. A bill to be entitled an Act
to amend an Act, as amended, creating the Municipal Court ot the City of Augusta, so as to extend its jur1sd1ct1on,and for other purposes.

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

992

JouRNAL oF THE HousE,

On nays

toh. e

passage

or

the

bill,the

ayes

were

116,

The bill having received the requisite constitutional majority was passed.

By Mr. Hooks ot Glascock. House Bill No. 541. A bill to be entitled an Act
to abolish the office or County Treasurer of Glascock County, and tor other purposes. -

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

On nays

toh. e

passage

or

the

bill,

the

ayes

were

117,

The bill having received the requisite constitutional majority was passed.

By Mr. Hooks of Glascock. House Bill No. 542. A bill to be entitled an Act
to amend an Act providing tor a Board or Commissioners of Roads and Revenues of Glascock County, and tor other purposes.

The report or the Comm1ttee,which was favorable to the passage of the bill,was agreed to.

On nays

oth. e

passage

of

the

bill,the

ayes

were

118,

The bill having received the requisite constitutional majority was passed.

By Mr. Moore of Clayton. House Bill No. 543. A bill to be entitled an Act
to amend an Act creating the office or County Tax Commissioner of Clayton County, an~ for other purposes.

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

MoNDAY, FEBRUARY 11, 1935.

993

On the passage of the bill,the ayes were 119, nays o.

The bill having received the requisite constitutional majority was passed.

By Messrs. Spivey and Woods ot Emanuel. House Bill No. 549. A bill to be entitled an Act
to prohibit goats from running at large in Emanuel County, and for other purposes.

The report or the Committee, which was favorable to the passage or the bill, was agreed to.

On nays

oth. e

passage

or

the

bill,

the

ayes

were

120,

The bill having received the requisite constitutional majority was passed.

By Mr. Hooks of Glascock. House Bill No. 554. A bill to be entitled an Act
to consolidate the offices and duties ot the tax receiver and tax collector or Glascock County; to create the office or tax commissioner,and tor other purposes.

The report or the Committee, which was favorable to the passage or the bill,was agreed to.

On nays

toh. e

passage

or

the

bill,the

ayes

were

121,

The bill having received the requisite constitutional majority was passed.

By Mr. Townsend ot Dade. House Bill No. 556. A bill to be entitled an Act
to abolish the offices or tax collector and tax receiver or Dade County; to create the office or Tax Comm1ssioner,and tor other purposes.

The report or t~e Committee, which was favorable to the passage of the bill, was agreed to.

994

JouRNAL oF THE HousE,

On nays

toh. e

passage

or

the

bill,

the

ayes

were

123,

The bill having received the requisite constitutional majority was passed.

By unanimous consent, the following bill o.r the Senate was read the third time and placed upon its passage:

By Senator Skelton or the 30th District. Senate Bill No. 124. A bill to be entitled an Act
to adopt and make or force the Code or Georgia or 1933, and ror other purposes.

The report or the Committee, .which was favorable to the passage or the bill,was agreed to.

On nays

oth. e

passage

or

the

bill,the

ayes

were

113,

The bill having received the requisite constitutional majority was passed.

The following resolutions or the House were read and adopted:

By Messrs. Rivers or Lanter and Harris or Richmond. House Resolution No. 128. A Resolut1on.-Whereas
the Honorable George H. Carswell, a member or the present State Senate,a former member of this House tor a long period or years,a former Secretary or State or Georgia and tor more than thirty years one or the leading figures 1n the General Assembly or Georgia and the political lite or the State departed this lite on February 9th, 1935.

Therefore,be it resolved by the House that a page in the Journal of the proceedings of the House or this session be set aside and dedicated to his memory and that a copy or this resolution be certified as such and forwarded to the members or his family by the Clerk or the House.

MoNDAY, FEBRUARY 11, 1935.

995

Be it further resolved that the Clerk be and he is hereby instructed to extend to the famdly of Senator Carswell,the sympathy of the members or the House, and that the House adjourn to-day at 2 o'clock in respect to the memory of Senator Carswel1.

By Messrs. Dyer and Arnall or Coweta and Edwards of

Lowndes.



House Resolution No. 129. A resolution calling the

attention or the people to "Georgia Products Dinners~

and commending the American Legion in sponsoring

"Georgia Day", and ror other purposes.

The following resolution of the House was read and referred to the Committee on Special Appropriations:

By Messrs. Harris of Richmond, Spivey or Emantiel,and Townsend of Dade.
House Resolution No. 130-607a. A resolution that the members of the General Assembly are entitled to receive mileage for the special and regular sessions or this General Assembly, and for other purposes.

The following resolutions were read and adopted.

By Mr. Terrell of Warren.

DrH. oGuseeorRgeeswo.luTtirounetNt ot.o

131. A resolution inviting address the House of Repre-

sentatives at 3 o'clock, Tuesday, February 12, and

that a commdttee be appointed to notify him or this

invitation.

By Messrs. Lanier, Harris and Barrett or Richmond. House Resolution No. 132. A resolutiotl memorializ-
ing President Roosevelt to include the Savannah River in his program or internal development,and for other purposes.

The following resolution of the House was read and referred to the Committee on State of the Republic:

996

JouRNAL OF THE HousE,

By Messrs. Arnall ot Coweta, Harris ot Richmond, Marshall ot Macon, Dyer ot Coweta, Minchew ot Atkinson, Watkins ot Oglethorpe,Ray ot Appling,McCutchen ot Whitfield, Green ot Rabun, and Edwards ot Lowndea
House Resolution No. 133. A Resolution.-Whereas, in the administration ot various Federal agenc1es serving the sovereign State ot Georgia practically, without exception,all ot tne executive posltlons have been tilled with non-resident persons tor the most part ot Republican and Progressive party attil1ation, notwithstanding that capable Georgians whose families have tor generations contributed to the weltare ot the State and to the strength ot the regular Democratic party are available tor these positions, and
Whe'reas,pr~ctically every one ot these non-resident Federal executives in Georgia are trom above the Mason and Dixon Line,and
Whereas,this is especially true in the Georgia Emergency Reliet Administ~tion and the Federal Housing Administration and,
Whereas,the question should not involve politics but rather should be an honest ettort to distribute employment in Georgia among bona tide Georgians, and
Whereas,the exclusion ot resident Georgians has extended even into the local communities where strange persons trom the North,unknown to any ot our people, have descended upon us as a veritable avalanche ot carpet baggers,and have assumed tull and complete control ot attairs so that only the most menial and subordinate jobs are available tor Georgia Democrats,and
Whereas, the ettorts at relief in Georgia have taken on the aspect ot ettorts to relieve non-res1dents,Republicans,Progress1ves,and lame-duck politicians rather than the needy people ot our State, and

MoNDAY, FEBRUARY 11, 1935.

997

Whereas, apparently there is an obsession among high Democratic party tribunes in Washington that Georgia Democrats are wanting in the necessary intelligence to administer Federal agencies in Georgia,and

Whereas, it is incredible that the Georgia Congressional and Senatorial Delegation should have no voice in the selection of Federal personnel in Georgia,

Therefore,be it resolved by the House or Representatives that the Georgia Delegation in the National Congress be importuned to demand justice on the part of qualified Georgians in the question of appointments and employment in connection with activities of Federal agencies serving the sovereign State of Georgia and to exert themselves to put an end to this new era of carpet-bag days now existing in our beloved State and that upon failure to receive some voice therein that they tell the people of Georgia through the public press just why they cannot get any recognition.

Be it further resolved that this resolution be spread upon the House Journal and that copies of this resolution be furnished each member of the Georgia Delegation in the National Congress by the Clerk of this House.

The following resolutions of the House were read and adopted:

By Mr. Joel of Clarke. House Resolution No. 134. A resolution extending
the sympathy of the House to the family and pupils of Dr. Jere M. Pound, and for other purposes.

By Messrs. Rivers of Lanier, Harris of Richmond,Gray~

son of Chatham,Allen or Baldwin,Lindsay of DeKalb,

and Sabados of Dougherty.

House Resolution No. 135. A resolution inviting

United States Senator Jim Ham Lewis of Illinois to

address the General that a committee be

Assembly, appointed

at to

he xi st e ncdontvheenieinncvei~1 aand

tion to the Senator.

998

JouRNAL OF THE HousE,

Under the provisions of the above resolution,the Speaker appointed the following members of the House, to extend the invitation to the Senator:
Messrs. Harris or Richmond, Grayson of Chatham, Allen of Baldwin, Lindsay or DeKalb, Sabados of Dougherty, and Rivers of Lanier.
By Mr. Jackson of Blackley. A resolution extending the privileges of the floor
to Honorable W.H. Smith. By unanimous consent,the following bills of the
House and Senate were recommitted to the Committee on Industrial Relations: By Senator Lester of the 18th District.
Senate Bill No. 31. A bill to be entitled an Act to amend the Code of Georgia of 1933, in reference to Workmen's Compensation,so as to require insurance companies,etc., insuring the payment of compensatio~ to obtain perndts from the Department of Industrial Relations,and for other purposes. By Mr. Harris of Richmond, Terrell of Hall,and Twitty of Ware.
House Bill No. 53. A bill to be entitled an Act to amend the Code of Georgia of 1933, Workmen's Compensation,so as to require insurance companies,etc., insuring the payment or compensation,to obtain permits from the Department of Industrial Relations,and for other purposes.
Mr. Clements of Wheeler arose to a point or personal privilege and addressed the House.
Mr. Almand or Walton arose to a question of personal privilege and addressed the House.
By unanimous consent,the following b.1ll of the House was withdrawn from further consideration of the House:

MoNDAY, FEBRUARY 11, 1933.

999

By Messrs. Lanier, Harris and Barrett ot Richmond. House Bill No. 534. A bill to be entitled an Act
to amend the Charter of the City of Augusta,and tor other purposes.
The following message was received from the Senate through Mr.Hammond, the Secretary thereof: Mr.Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senat~ to wit:
By Senator Rucker of the 50th District. Senate Bill No. 65. A bill amending the Charter of
the Mayor and Council ot the City ot Athens, and changing the term of the Recorder. By Senator Millican of the 35th District.
Senate Bill No. 74. A bill to amend an Act establishing a new Charter for the City of Atlanta,so as to make it lawtul tor a person holding Federal,State or County office to at the same time be a member ot the Atlanta Board of Education,and tor other purposes. By Senator Almon of the 37th District.
Senate Bill No.91. A bill amending Section 695 ot the Political Code ot Georgia relating to road duty exemption in certain counties. By Senator Scott of the 7th District.
Senate Bill No.95. A bill amending the Act creating the City Court of Thomasville,by fixing the salaries of the Judge and Solicitor General thereof. By Senator Millican of the 35th District.
Senate Bill No. 98. A bill amending an Act establishing a new Charter for the City of Atlanta pertaining to license fees, and for other purposes.
By Senator Millican of the 35th District. Senate Bill No.lOO. A bill amending an Act estab-
lishing a new Charter for the City of Atlanta authovizing Group Insurance for employees,and tor other purposes. By Senator Millican of the 35th District.
Senate Bill No.lOl. A bill amending an Act estab-

1000

JouRNAL oF THE HousE,

lishing a new Charter for the City or Atlanta authorizing Mayor and General Council to carry over and retire from year to year a deficit $1,500,000 on the basis or 1/5 of said amount each year,and for other purposes.
By Senator Millican of the 35th District. Senate Bill No. 102. A bill amending an Act estab-
lishing a new Charter for the City of Atlanta,reducing the number of wards from 13 to 6, providing for salaries of members, providing for terms of offices of Mayor, Councilmen, Aldermen and City Attorneys, and for other purposes.
By Senator Millican of the 35th District. Senate Bill No. 103. A bill amending an Act estab-
lishing a new Charter of the City of Atlanta by abolishing the office of ~!arden and creating Director of Relief, and for other purposes. By Senator Skelton of the 30th District.
Senate Bill No. 125. A bill amending the Code of Georgia of 1933 with reference to filing of declarations and attachments by providing that such declarations must be filed twenty days before the term or court to which such attachments are returnable, and for other purposes. By Senator Skelton of the 30th District.
Senate Bill No. 137. A bill providing that jurisdiction to vacate,amend or change a judgment of the Supreme Court shall continue in the Court for thirty days after the term at which judgment and decision are rendered,in certain cases,and for other purposes.
By Senator Skelton of the 30th District. Senate Bill No. 138. A bill providing that juris-
diction to vacate,amend or change a judgment of the Court of Appeals,on motion for rehearing shall continue in the Court for thirty days after the term at which judgment and decision are rendered,and for other purposes.

MoNDAY, FEBRUARY 11, 1935.

1001

.Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following bill of the House as amended,to wit:

By Mr. Warnell of Bryan. House Bill No. 113. A bill creating a Board of
Cormnissioners of Roads and Revenues; Bryan County, Georgia,defining their duties,and for other purposes.

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following resolutions of the House and Senate,to wit:

By Messrs. Bennett and Twitty of Ware. House Resolution No. 112. A resolution memorializ-
ing Congress to enact appropriate legislation whereby funds will be available for use in the Okefenokee Swamp to the Florida line with Lake City, Florida~as a Highway objective.

By Senator Chappell of the 13th District. Senate ResolutionNo.57.A resolution requesting the
Georgia Public Service Commission to institute appropriate proceedings to require the Georgia Power Company to furnish electrical service to the Town of Andersonville.

Mr. Speaker:

The Senate has passed by the requisite constitu-

tional majority to wit:

the

following

bills

of

the

House

1

By Messrs. Lanier,Harris and Barrett of Richmond. House Bill No. 15. A bill amending the Charter of
the City of Augusta so as to abolish the office of Mayor of the City of Augusta, and for other purpose~

By Mr. Oden of Pierce. House B1ll No. 111 . A bill to amend an Act requir-

1002

JouRNAL or THE HousE,

ing Commissioner of Roads and Revenues of Pierce County to live in the City of Blackshear, and tor other purposes. By Mr. Warnell of Bryan.
House Bill No. 112. A bill to authorize the tax collecting officials of Bryan County to collect delinquent taxes by levy and sale,ana tor other purposes. By Messrs. Guess,Lindsay and Ansley of DeKalb.
House Bill No. 233. A bill amending an Act approved August 4, 1913 creating a new Charter for the City of Lithonia, and for other purposes. By Mr. Salter of Baker.
House Bill No. 255. A bill to prohibit the assessment or collection of road tax in Baker County,and tor other purposes. By Mr. Hammock of Randolph.
House Bill No. 258. A bill to create a Board of Commissioners of Roads and Revenues for the County of Randolph, and for other purposes. By Mr. Hammock ot Randolph.
House Bill No. 287. A bill to create the office of Commissioner of Roads and Revenue ot the County ot Randolph, and for other purposes.
The following bills of the House were taken up tor the purpose ot considering the Senate amendments thereto: By tlr. Rivers of Lanier.
House Bill No. 5. A bill to be entitled an Act to define the status of the Regents of the University System of Georgia; to declare the Statets title and ownership ot the property held by the Regents of the University System, and for other purposes.
The following Senate Amendment to House Bill No.5 was read and agreed to:

MoNDAY, FEBRVARY 11, 193.J.

1003

By the Senate: That all of Section 3 in the House Bill be strick-
en,and the following new section 3 be substituted in lieu thereof:
Section 3: Tuition,matriculation fees and proceeds of the sale of personalty shall be reported and remitted to the Secretary-Treasurer of the Board of Regents,who shall transmit the same to the State Treasurer,and the same are hereby appropriated as a continuing appropriation to the branch or division of the University System from which they originate, to be drawn out of the Treasury upon a requisition just as other funds are drawn. The proceeds from dormitory rentals,mess hall charges,proceeds of athletic contests,and other similar revenue shall remain with the institutions originating the same,and shall not be paid into the Treasury under this Act. All such receipts, however,shall be reported to the Secretary-Treasurer of the Board of Regents and shall be audited by the StatP. Auditor and his reports shall be available to the Governor,to the General Assembly and to the Board of Regents; and all such revenue is declared to be under the control of the Board of Regents,which control may be exercised directly or through such athletic associations or organizations as it may authorize,provided,such associations and organizations remain always subject to the control of the Board of Regents. By Mr. Warnell of Bryan.
House Bill No. 113. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues of ~ryan County, and for other purposes.
The following Senate amendment to House Bill No. 113 was read and agreed to:
By the Senate: Amends by adding to Section 7 another to be num-
bered Section 7(a).Be it further enacted that the pu~ chasing agent herein provided for shall be paid in addition to his or her per diem not to exceed $120.00 per annum, all his necessary traveling expens~s, stamps,etc.,whlle actual~y engaged in the County's business. All purchases made by said purchasing

1004

JouRNAL or THE HousE,

agent shall be approved by a majority of the Commissioners of Roads and Revenues of the County of Bry~
Mr. Harris of Richmond, Vice-Chairman of the Com~ mittee on Rules,submitted the following report: By Mr. Harris of Richmond.
A RESOLUTION Be it resolved by the House that the following bills of the House be set as a special and continuing order of business: House Bill No. 85, regulating Judicial procedure. House Bill No. 91, Constitutional Amendment authorizing levy of a tax for the old age pensions. House Bill No. 116, providing for declaratory judgments. House Bill No. 117, defining the defense of operating a motor vehicle while under the influence of liquor. House Bill No. 208, authorizing the acceptance of widows of Confederate Soldiers at the Confederate Soldiers Home. House Resolution 53-282a, provide for a new seal for the State of Georgia. House Bill No. 359, to provide for payment of past due pensions. Mr. Speaker: Your Committee on Rules has had under consideration the fixing of a calendar and has instructed me as its Vice-Chalrman to report back that the order of business provided for in the above resolution be adopted.
Respectfully,submitted, Harris of Richmond, Vice-Chairman.
The report of the Committee on Rules was adopted.

MoNDAY, FEBRUARY 11, 1935.

1005

Under the order of business as established by the Committee on Rules,the following bills of the House were taken up for consideration and read the third time:

By Mr. Claxton of Johnson. House Bill No. 85. A bill to be entitled an Act to
amend the Code of Georgia of 1933, so as to provide that Judges of the Superior Courts may open their court without the presence of grand and traverse juries,and receive and act upon pleas of guilty in misdemeanor and felony cases, less than capital,and tor other purposes.

Mr. McBride of Montgomery moved the previous question,and the motion prevailed.

The following amendments to House Bill No. 85 were

adopted:

'

Messrs.Townsend of Dade,McGraw of Meriwether and Dyer of Coweta move to amend House Bill No. 85 by adding at the end of Section l,the following: "and

provided further that counsel is present in court representing such defendant either by virtue or his

employment or by appointment by the Court".

Mr. McGraw of Meriwether moves to amend House Bill

No. 85 as follows: By adding after the word "misde-

meanor" in the_ first line of Section 27-704 as amend-

ed, the words, "and in felony cases other than capi-

tal felonies".

.

The Committee moves to amend House Bill No. 85, by adding the following words at the end of Section 1: "and consented thereto in writing".

The report of the Cornm1ttee,which was favorable to the passage of the bill, as amended, was agreed to, as amended.

On the passage of the bill, as amended, the ayes were 137, nays 1.

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

1006

JouRNAL OF THE HousE,

By unanimous consent, the bill was ordered immediately transmitted to the Senate.
By Messrs. Grayson of Chatham, Rivers of Lanier, Harris of Richmond,Lanier of Richmond,Pound of Hancock,McNall of Chatham,Joel of Clarke,Barrett of Richmond,Freeman ot Early, Zellner of Monroe,Cohen of Chatham,Burgin of Marion,Atwood of Mcintosh, Groves of Lincoln,Twitty of Ware,Bennett of Ware,Edwards of Lowndes Hand of Mitchell,Perry of Worth, Teasley of Cherokee,Allen of Baldwin,Gnann of Effingham,Mundy of Polk,Dyer of Coweta,Arnall of Coweta, Spivey of Emanuel,Clements of Wheeler,Claxton of Johnson,Parker of Union,Bradley of Tattnall,and Milam of Spalding.
House Bill No. 91. An Act to propose to the qualified voters of the State of Georgia an amendment to paragraph 1~ Article 7, Section 1, of the Constitution of the ~tate of Georgia, authorizing the levying of a tax by the State of Georgia for the payment of old age pensions.
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 the Constitution of the State of Georgia be amended by adding the following paragraph to follow paragraph 1, Article 7, Section 1, the said paragraph to be lmown as paragraph 1-A, to wit:
"The General Assembly may levy a tax for the support of and maintenance of the aged poor of the State,under such restrictions and limitations as it may provide".
Section 2. Be it further enacted by the authority aforesaid,that when said amendment shall be agreed to by 2/3 (two-thirds) votes of the members elected to each house,it shall be entered upon the journal of each house, with the ayes and nays thereon, and published in one or more newspapers in this State for two months previous to the time for holding the next general election and shall at the next general

MONDAY, FEBRUARY 11, 1935.

100?

election be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words "for ratification of amendment to paragraph 1, Article ?, Section 1 of the Constitution of the State of Georgia providing for the levying of a tax by the State for the payment of old age pensions". 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 1, Article ?,Section 1 of the Constitution of the State of Georgia providing for the levying of a tax by the State for the payment of old age pensions"; and if a majority of the electors qualified to vote for members of the General Assembly,voting thereof, shall vote for ratification thereof, when the results shall be consolidated as now required by law in elections for members of the General Assembly,then said amendment shall become a part of paragraph 1, Article ?, Section 1, and the Governor shall make a proclamation thereof as provided by law.

Mr. Dorris of Crisp 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 of the State of Georgia, the roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams

Bargeron

Allen

Barnard

Almand of Fulton Barrett

Almand of Walton Bennett

Ansley of DeKalb Bond

Ansley of Lee Black

Arnall

Blease

Atwood

Bloodworth

Bradley Brinson Brisendine Brown of Glynn Brown of Pike Burgin Camp Campbell

1008

JouRNAL OF THE HousE,

Caswell

Griffin of Floyd Marshall

Claxton of Cam- Groover

Milam

den

Groves

Mills

Claxton or John- Guess

Minchew

son

Hammock

Mitchell or La-

Clements of Cal- Hand

mar

houn

Harris

Moore of Clayton

Clements of

Harrison

Moore or Haralson

Wheeler

Hartsfield

Morris

Cobb

Herndon

Moye

Cohen

Henderson

Mundy

Goleman

Hogg

l'1usgrove

Coxon

Holland

Newby

Culpepper of Ec- Hooks

Oden

hols

Houston

Parham

Davis of Troup Howard of Chat- Parker or Union

Deal

tahoochee

Parks

Dean

Howard of

Parr

DeLoach

Screven

Patten of Cook

Dobbins

JackSon or Bleck- Patten or Tift

Dorris

ley.

Peek

Douglass

Jackson of Haber- Perry

Durden

sham

Peters

Dyer

Joel

Preston of Bul-

Edwards of

Johnson

loch

Lowndes

Jones of Brantley Preston of Walton

Edwards or Ste- Jones of Lumpkin Ramsey

phens

Kelley

Rawlins

Etheridge

Lanier

Ray

Felton

Lee

Reagan

Flynt

Leonard of l'1us- Ross

Fowler

co gee

Sabados

Freeman of Bibb Leonard of Walk- Salter

Freeman of Ear- er

Sammon

ley

Lewallen

Sartain

Gannnage

Lewis

Scruggs

Gardner

McBride

Settle

Gilbert

McCranie

Shedd

Gnann

McCutchen

Shirah

Goolsby

McGraw

Smith of Madison

Grayson

McKelvey

Smith of Webster

Green

McNall

Spivey

Griffin or De- Mallory

Standard

catur

Manning

Stephens

MoNDAY, FEBRUARY 11, 1935.

1009

Sutton

Twitty

Williams of Cot-

Swindle

Warnell

fee

Terrell of Hall Watkins

Williams of

Terrell of Troup Watson

Jackson

Terrell of Warren Weathers

Williams of Jones

Thompson

Welsch

Wilson

Thrasher

West

Woods

Tipton

Whaley

Wrench

Toms

Whitmire

Young

Townsend

Williams of Bacon Zellner

Voting in the negative was Mr.:

Lindsay

~See Appendix,Volume I,for those not voting.

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

On the passage of the bill, the ayes were 167, nays 1.

The bill having received the requisite two-thirds constitutional majority was passed.

The following resolution of the House was read and adopted:

By Messrs. Thompson of Muscogee, Dyer of Coweta,and Ramsey of Fulton.
House Resolution No. 136. A resolution that it is the sense of the House that the development of the Chattahoochee River be approved under the President's relief program,and for other purposes.

By Messrs. Almand of Fulton,Terrell of Troup and

Hartsfield of Fulton.



House Bill No. 116. A bill to be entitled an Act

to authorize the Courts of record in this State to

render a declaratory judgment,and provide the proce-

dure therefor.and for other purposes.

Mr. Terrell of Troup moved the previous question, the motion prevatled,and the main question was ordered.

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

1010

JouRNAL OF THE HousE,

On the passage of the bill,the ayes were 113, nays 3.
The bill having received the requisite constitutional majority was passed. By Mr. Almand of Fulton.
House Bill No. 117. A bill to be entitled an Act to define the offense of operating a motor vehicle while under the influence of intoxicating liquors, or narcotic drugs;to fix the degrees of said offense, and the punishment therefor,and for other purposes.
The following Committee Substitute to House Bill No. 117 was read: By the Committee:
A BILL To be entitled "an Act to define the offense of operating a motor vehicle while under the influence of intoxicating liquors, or narcotic drugs, to such an extent as to render the driving of a motor vehicle dangerous and unsafe to the public; to fix the degrees of said offense; to provide tor a misdemeanor punishment for first and second offenses; to provide tor a felony punishment where any person sustains bodily injuries by reason ot the operation of said motor vehicle while the operator is under the influence of intoxicating liquors,or narcotic drugs,as aforesaid;to make it a misdemeanor tor any person convicted under this Act to operate a motor vehicle on the public highways or roads of this State within one year after said conviction; to repeal conflicting laws; and tor other purposes."
SECTION 1. Be it enacted that any person operating a motor vehicle on or over the public highways or public roads of this State while under the influence of intoxicating liquors or intoxicating beverages or drugs,to such an extent as to render the driving of

MoNDAY, FEBRUARY 11, 1935.

1011

a motor vehicle dangerous and unsafe to the public in the use of said public highways or public roads, where no injury to the person or another is occasioned by reason or the operation of said motor vehicle shall upon conviction be punished as for a misdemeanor; Provided,however,if the accused shall have been previously convicted or the same offense described herein, the accused upon conviction of the second offense shall be punished as for a misdemeanor without the privilege of the payment or a fine.
SECTION 2. Be it further enacted that any person operating a motor vehicle on or over the public highways or public roads of this State while under the influence or intoxicating liquors,intoxicating beverages or drugs,to such an extent as to render the driving of a motor vehicle dangerous and unsafe to the public) injures the person or another in the operation or the said motor vehicle shall be guilty or a felony and,upon conviction,shall be sentenced to serve not less than one year and not more than three years in the penitentiary; and the same shall not be a reducible felony.
SECTION 3. Be it further enacted that it shall be a misdemeanor for any person who has been convicted under the provisions or Sections 1 and 2 or this Act to operate a motor vehicle on or over the public highways or roads or this State tor a period or one year from the date or such conviction;and upon conviction, shall be punished as tor a misdemeanor.
SECTION 4. Be it further enacted that if any part or this Act shall be declared unconstitutional for any reason,such part so declared invalid shall be stricken out and shall not affect the validity or the other parts or said Act.
SECTION 5. Be it further enacted that any and all laws in conflict with this Act be and they are hereby repealed.

1012

JouRNAL oF THE HousE,

Mr. Lindsay of DeKalb moved that the House do now adjourn,and the motion was lost.
Mr. Herndon of Hart moved the previous question, the motion prevailed,and the main question was ordered.
The Committee Substitute to House Bill No. 117 was adopted.
The report ot 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 112,nays 13.
The bill having received the requisite constitutional majority was passed,by substitute.
By unanimous consent,the bill was ordered immediately transmitted to the Senate. By Messrs. Blease and Moye of Brooks.
House Bill No. 208. A bill to be entitled an Act to amend an Act, by providing tor the acceptance ot widows of ex-confederate veterans as inmates in the Confederate Soldiers Home of Georgia,and tor other purposes.
The Hour ot 2:00 o'clock,P.M., having arrived,the House adjourned,under the provisions ot a prior resolution,in order to pay the respects ot the House to the late Senator George Carswell of the 21st Distric~ and House Bill No. 208 went over as unfinished business.
A leave of absence tor the sessions ot 1935 was granted to Mr. Davis of Mitchell.

TUESDAY, FEBRUARY 12, 1935.

1013

Representative Hall, Atlanta,Ga.

Tuesday,February 12, 1935.

The House met pursuant to adjournment this qay 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

Camp

Edwards of Ste-

Allen

Campbell

phens

Almand of Fulton Caswell

Ennis

Almand of Walton Claxton '1f Cam- Etheridge

Anderson

den

Felton

Ansley of DeKalb Claxton of John- Flynt

Ansley of Lee son

Fowler

Arnall

Clements of Cal- Freeman of Bibb

Atwood

houn

Freeman of Early

Bannister

Clements of

Gammage

Bargeron

Wheeler

Gardner

Barnard

Cobb

Garrett

Barrett

Cohen

Gavin

Batchelor

Coleman

Gilbert

Bennett

Coxon

Gnann

Benton

Culpepper of Ec- Goolsby

Bond

hols

Grayson

Booth

Culpepper of Fay- Green

Bowden

ette

Griffin of Deca-

Black

Darnell

tur

Bland

Daughtry

Griffin of Floyd

Blease

Davis of Troup Groover

Bloodworth

Deal

Groves

Bradley

Dean

Guess

Brinson

DeLoach

Hammock

Brisendine

Dobb1nE

Hampton

Brooks

Dorris

Hand

Brown of Glynn Douglass

Harris

Brown of Greene Durden

Harrison

Brown of Pike Dyer

Hartsfield

Burgin

Edwards ot

Herndon

Bush

Lowndes

Head

1014

JouRNAL OF THE HousE,

Hefner

Martin

Scruggs

Henderson

Milam

Settle

Hogan

Mills

Shedd

Hogg

Minchew

Shirah

Holland

Mitchell of La- Smith of Madison

Hooks

mar

Smith of Webster

Horton

Mitchell of Tal- Spivey

Houston

iaferro

Standard

Howard of Chat- Moore of Clayton Stephe:ls

tahoochee

Moore of Haralson Sutton

Howard of Screv- Morris

Swindle

en

Moye

Teasley

Jackson of

Mundy

Terrell of Hall

Blackley

Musgrove

Terrell of Troup

Jackson of Hab- Neal

Terrell of War-

ersham

Newby

ren

Joel

Oden

Thompson

Johnson

Parham

Thrasher

Johnston

Parker of Col- Tipton

Jones of Brant- quit

Toms

ley

Parker of Union Townsend

Jones of Lump- Parks

Twitty

kin

Parr

Warnell

Kelley

Patten of Cook Watkins

Lanier

Patten of Tift Watson

Lee

Peebles

Weathers

Leonard of Mus- Peek

Weeks

cogee

Perry

Welsch

Leonard of Walk- Peters

West

er

Pound

Whaley

Lewallen

Preston of Bul- Whitmire

Lewis

loch

Williams of Bacon

Lindsay

Preston of Wal- Williams of Coffee

McBride

ton

Williams o:f

McCracken

Ramsey

Jackson

McCranie

Rawlins

Williams of

McCutchen

Ray

Jones

McGraw

Reagan

Willingham

McKelvey

Ross

Wilson

McNall

Sabados

Woods

Mallory

Salter

Wrench

Mann

Sannnon

Young

Manning

Sartain

Zelln3r

Marshall

Saunders

Mr.Speaker

WSee Appendix,Volume I,for absentees.

TuESDAY, FEBRUARY 12, 1935.

1015

Mr. Preston of Bulloch, 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 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 bills and resolutions under the Rules of the House. 2. Reports of Standing Committees. 3. Second reading of bills and resolutions,favorably reported. 4. Third reading and passage of local uncontested House Bills. 5. First reading and reference of Senate Bills. By unanimous consent,the following bill of the House was withdrawn from further consideration of the House: By Mr. Leonard of Muscogee. House Bill No. 553. A bill to be entitled an Act that there shall be a presumption of fraud on the part of any person seeking or receiving any contract of release,employment for legal services or other contract related to or connected with any claim for damages,within seven days after the accident occurs, and for other purposes. By unanimous consent,the following bills and resolutions of the House were introduced,readthe first t1me,and referred to the Committees: By Mr. Henderson of Irwin. House Bill No. 609. A bill to be entitled an Act to amend an Act incorporating the City of Ocilla,and for other purposes. Referred to Committee on Municipal Government.

1016

Jo.uRNAL oF THE HousE,

By Mr. Caswell of Liberty. House Bill No. 610. A bill to be entitled an Act
to create a new charter for the City of Hinesville, and for other purposes.

Referred to Committee on Municipal Government.

By Mr.Claxton of Camden. House Bill No. 611~ A bill to be entitled.an Act
to create and provide for a State Racing Commission, and for other purposes.

Referred to Committee on State of Republic.

By Messrs. Mitchell of Taliaferro and Sutton of

Wilkes.

House Bill No. 612. A bill to be entitled an Act

to amend Section ize the State to

15-304 permit

toh!e19u3.3s.

Code,so as to acquire

to la

authornds in

certain counties,and for other purposes.

Referred to Committee on Special Judiciary.

By Messrs. Hartsfield,Almand and Ramsey of Fulton. House Bill No. 613. A bill to be entitled an Act
to amend an Act incorporating Union City, and for other purposes.

Referred to Committee on Municipal Government.

By Mr. Almand o! Fulton. House Bill No. 614. A bill to be entitled an Act
to amend Section 37-1503, Title 37 of 1933 Code,and for other purposes.

Referred to Committee on General Judiciary No. 2.

By Mr. Almand of Fulton. House Bill No. 615. A bill to be entitled an Act
to amend Section 46-105, Title 46 of 1933 Code,relative to manner of issuing summons of garnishment,and for other purposes.

Referred to Committee on General Judiciary No. 2.

TUESDAY, FEBRUARY 12, 1935.

1017

By l1r. Almand of Fulton. House Bill No. 616. A bill to be entitled an Act
to amend Section 46-301, Title 46 of 1933 Code,relating to filing or answers by garnishees,and for other purposes.
Referred to Committee on General Judiciary No. 2. By Messrs. Edwards and Coleman of Lowndes.
House Bill No. 617. A bill to be entitled an Act to amend the Act creating State Aid Road System,so as to include a road in Lowndes and Brooks Counties, and for other purposes.
Referred to Committee on Public Highways No. 2. By Mr. Minchew of Atkinson.
House Bill No. 618. A bill to be entitled an Act to reduce the bond or the Sheriff of Atkinson County, and for other purposes.
Referred to Committee on Counties and County Matters. By Messrs. Morris of Douglas, Camp and Garrett of Carroll,Watson of Paulding,Arnall and Dyer of Coweta.
House Bill No. 619. A bill to be entitled an Act to amend an Act entitled "Highway Mileagen, so as to include a road in Douglas,Carroll,and Paulding Counties, and for other purposes.
Referred to Committee on Public Highways No. 1. By Mr. Oden of Pierce.
House Bill No. 620. A bill to be entitled an Act to appropriate $50,000.00 for use in combatting screw worm, and for o;:;her purposes.
Referred to Committee on Special Appropriations. By Mr. Clements of Wheeler.
House Bill No. 621. A bill to be entitled an Act to propose to the voters an ame~dment to the Constitution authorizing the levying of a tax for the

1018

JouRNAL oF THE HousE,

payment of care of widowed mothers with dependent children,and for other purposes.
Referred to Committee on Amendments to Constitution No. 1. By Mr. Clements of Wheeler.
House Bill No. 622. A bill to be entitled an Act authorizing the Board of Control of Eleemosynary Institutions to arrange care for homeless,dependent and neglected children,and for other purposes.
Referred to Committee on Public Welfare. By Mr. McCutchen of Whitfield.
House Resolution No. 137-622a. A resolution authorizing Catoosa County to pay David Shahan certain moneys paid on a bond forfeiture, and for other purposes.
Referred to Committee on Counties and County Matters. By Messrs. Patten of Cook and Swindle of Berrien.
House Resolution No. 138-622b. A resolution requesting Congress to pass,without further delay,the Frazier-Lemke Farm Refinance Bill,and for other purposes.
Referred to Committee on State of Republic. By Messrs. Sartain and Leonard of Walker.
House Bill No. 623. A bill to be entitled an Act to amend an Act incorporating the City of Rossville, and for other purposes.
Referred to Committee on Municipal Government. By Mr. Williams of Jackson.
House Bill No.624. A bill to be entitled an Act to provide for the payment of fees of Justi~e of Peace and Constables in criminal cases out of County funds in Ja~kson County,and for other purposes.
Referred to Committee on Special Judiciary.

TUESDAY, FEBRUARY 12, 1935.

1019

By Mr. Adams of Franklin. House Bill No. 625. A bill to be entitled an Act
to amend an Act whlch provides for the use of baskets and seines in certain counties,so as to include Franklin County,and for other purposes.
Referred to Committee on Game and Fish. By Mr. Harris of Richmond.
House Bill No. 626. A bill to be entitled an Act to amend Section 78-101 of 1933 Code by providing for an Assistant Director of Veterans Bureau,and for other purposes.
Referred to Committee on Pensions. Mr. Peek of Polk County,Chairman of the Committee on Hygiene and Sanitation,submitted the following report: Mr. Speaker: Your Committee on Hygiene and Sanitation have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the House wi~h the following recommendation: House Bill No. 562, do not pass.
Respectfully submitted, Peek of Polk, Chairman.
Mr. Edwards of Lowndes County ,Chaii'IIE.n of the committee on State of the Republic,submitted the following report: Mr.Speaker:
Your Committee on State of the Republic have had under consideration the following resolutions of the House and have instructed me as Cha1rman,to report the same back to the House with the following recommendations:

1020

JouRNAL OF THE HousE,

House Resolution No. 133, do pass. House Resolution No. 76-405a, do pass.

Respectfully submitted, Edwards of Lowndes, Chairman.

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

By Messrs. Arnall of Coweta,Harris of Richmond and others.
House Resolution No. 133. A resolution inquiring into why the Georgia delegation cannot secure employment for residents in preference to non-residents in various government agencies, and for other purposes.

By Messrs. Cobb of Clark and Allen of Baldwin. House Resolution No. 76-405a. A resolution declar-
ing the Brown Thrasher the State Bird and the Pine Tree the State Tree.

By unanimous consent,the following bill of the House was read the third time,and placed upon its passage:

By Mr. Stephens of Laurens. House Bill No. 308. A bill to be entitled an Act
to provide that the Solicitor of the City Court of Dublin,shall be ex-officio County attorney for Laurens County,and for other purposes.

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

On nays

oth. e

passage

of

the

bill,the

ayes

were

105,

The bill having received the requisite constitutional majority was passed.

TuESDAY, FEBRUARY 12, 1935.

1021

By unanimous consent, the following bills of the Senate were read the first time,and referred to the Cormnittees:

By Senator Millican of the 35th District. Senate Bill No. 74. A bill to be entitled an Act
to amend an Act to amend an Act establishing a new charter for the City of Atlanta, so as to make it lawful for a person who holds a Federal,State or county office or position to at the same time be a member of the Atlanta Board of Education, and for other purposes.
Referred to Cormnittee on Municipal Government.

By Senator Almon of the 37th Distrint. Senate Bill No. 91. A bill to be entitled an Act
to amend section 695 of the political Code of Georgia, relating to road duty exemption in certain counties.

Referred to Cormnittee on Counties and County Matters.

By Senator Scott of the 7th District. Senate Bill No. 95. A bill to be entitled an Act
to amend the Act creating the City Court of Thomasville, by fixing the salaries of the Judge and Solicitor General thereof

Referred to Cormnittee on Special Judiciary.

By Senator Millican of the 35th District. Senate Bill No. 98. A bill to be entitled an Act
. to amend an Act establishing the new charter for the City of Atlanta, and for other purposes. Referred to Cormnittee on Municipal Government.

1022

JouRNAL OF THE HousE,

By Senator Millican of the 35th District. Senate Bill No. 100. A bill to be entitled an Act
amending an Act establishing a new charter for the City of Atlanta, authorizing group insurance for employees,and for other purposes.

Referred to Committee on Municipal Government.

By Senator Millican of the 35th District. Senate Bill No. 101. A bill to be entitled an Act
to amend an Act establishing a new charter for the City of Atlanta, authorizing mayor and council to carry over and retire from year to year, a deficit of $1,500,000, and for other purposes.

Referred to Committee on Municipal Government.

By Senator Millican of the 35th District. Senate Bill No. 102. A bill to be entitled an Act
to amend an Act establishing a new charter for the City of Atlanta,reducing the number of wards from 13 to 6, and for other purposes.
Referred to Committee on MUnicipal Government. By Senator Millican of the 35th District.
Senate Bill No. 103. A bill to be entitlAd an Act to amend an Act establishing a new charter for the City of Atlanta, by abolishing the office of Warden and creating the office of Director of Relief, and for 9ther purposes.

Referred to Committee on Municipal Government.

TUESDAY, FEBRUARY 12, 1935.

1023

By Senator Skelton of the 30th District. Senate Bill No. 125. A bill to be entitled an Act
to amend Section 8-601 of 1933 Code with reference to filing of declarations and attachments by providing that such declarations must be filed 20 days before the term of Court to which such attachments are returnable,and for other purposes.
Referred to Committee on General Judiciary No. 1. By Senator Skelton of the 30th District.
Senate Bill No. 137. A bill to be entitled an Act to provide that jurisdiction to vacate,amend or change a judgment of the Supreme Court,on motion for rehearlng,or to change its rulings or opinions shall continue in the Court for 30 days,and for other purposes.
Referred to Committee on General Judiciary No. 1. By Senator Skelton of the 30th District.
Senate Bill No. 138. A-bill to be entitled an Act to provide that jurisdiction to vacate,amend or change a judgment of the court of Appeals,on motion for rehearing shall continue in the court for 30 days,and for other purposes.
Referred to Committee on General Judiciary No. 1. The following resolutions of the House were read and adopted: By Mr. Terrell of Troup. A resolution according the privileges of the floor to Miss Irene Arden,and for other purposes. By Mr. Edwards of Lowndes. A resolution according the privileges of the floor to Honorable R.B. Atwood, and for other purposes. Mr. Flynt of Spalding,Chairman of the Special Committee appointed to consider House Bill No. 7, The State Police Patrol Blll,reported same back to the House with the recommendation that same do pass,by substitute.

1024

JouRNAL OF THE HousE,

By unanimous consent,the following b111 or the House was withdrawn from the Committee on Insurance and recommitted to the Committee on Industrial Relations: By Mr. Brinson of Muscogee.
House Bill No. 94. A bill to be entitled an Act to require all policies or life insurance 1ssued by any company doing business in this State to provide for an automatic premium loan to the extent or the equity of the insured in such policies,and for other purposes.
The following resolutions of the House were read and adopted: By Messrs.Wrench of Charlton and Edwards of Lowndes.
House Resolution No. 139. A resolution commending Congressman Braswell Dean for his work in aiding the development of the pine pulp industry in Georgia,and tor other purposes. By Messrs. Griffin of Decatur,Townsend of Dade,M1lls or Decatur,and.Rivers of Lanier.
House Resolution No. 140. A resolution requesting the members of the House to join "Tammany Hall",and for other purposes. By Messrs. Terrell and Groover or Troup.
House Resolution No. 141. A resolution providing for the appointment of a Commission to investigate the wisdam of the State assuming responsibility of supporting all common schools; assuming the liability for payment of all bonds issued by the several school districts; to make reports to the next General Assembly of Georgia,and for other purposes. By Messrs. Ramsey of Fulton, Leonard of Muscogee, and Harris of Richmond.
House Resolution No. 142. A resolution authorizing the Speaker to appoint three Representatives as a delegation to the Interstate Assembly,which convenes in Washington,D.c., on February 28, 1935; to reimburse such delegation for its reasonable expenses

TUESDAY, FEBRVARY 12, 1935.

1025

upon presentation of the proper statement of such expenses,and for other purposes.
Mr. Harris of Richmond,Vice-Chair.man of the Committee on Rules,subm1tted the following report: By Mr.Harris of Richmond:
A RESOLUTION Be it resolved by the House that the following bills and resolutions of the House be set as a special and continuing order of business immediatelY following House Bill No. 359, to wit: House Bill No. 7- Highway Patrol Bill. House Bill No. 163- Farmers Market Bill. House Bill No. 146- Full Crew Law. House Bill No. 333- Removing disabilities members of the Legislature. House Bill No. 392- Oleomargarine Bill. House Bill No. 215- Designating State depositories. House Bill No. 397- Relieving State depositories from furnishing collateral on deposits not exceeding five thousand dollars. House Bill No. 205- Amending divorce laws. House Bill No. 70- Amending General Tax act. Mr. Speaker: Your Committee on Rules having had under consideration the fixing of a calendar of business for the consideration of the House has instructed me, as its vice-chairman, to report the above resolution back to the House with the recommendation that the same be adopted.
Respectfully submitted, Harris of Richmond, Vice-Chairman.
The report of the Committee on Rules was adopted. Under the order of unfinished business,the following bill of the House was again taken up for consideration:

1026

JouRNAL oF THE HousE,

By Messrs. Blease and Moye or Brooks. House Bill No. 208. A bill to be entitled an Act
to amend an Act, by providing tor the acceptance of widows or Confederate Veterans as inmates in the Confederate Soldiers Home, and tor other purposes.

The following amendment to House Bill No. 208 was adopted:

Messrs. Williams ot Cottee and Lanier ot Richmond amend House Bill No. 208 by adding after the wo~~ "Soldiers" where it appears the following: 0 married prior to 1900", and by striking the words "not under seventy years or age".

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

On
130,

nthaeyspoa.ssage

o1

the

bill,as

amended,the

ayes

were

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

Under the order ot business as set by the Rules Committee on yesterday, the following bill and resolution or the House were taken up tor consideration and read the third time:

By Mr. Culpepper ot Fayette. House Resolution No. 53-282a. A resolution to au-
thorize,empower,and direct the Governor and Secretary or State to cause a new Great Seal ot the State to be made,the new Seal to be in every respect a raesimile or the old one,which was authorized by a resolution or the General Assembly and approved by the Governor, August 17, 1914.

The report or the Committee, which was favorable to the adoption ot the resolution,was agreed to.

On
131,

nthaeysaod.option

or

the

resolution,the

ayes

were

TUESDAY, FEBRUARY 12, 1935.

1027

The resolution having received the requisite constitutional majority was adopted. By Messrs. Groves of Lincoln and Sutton of Wilkes.
House Bill No. 359. A bill to be entitled an Act to provide for the payment of past due pensions,funeral expenses and physicians bills of deceased veterans and widows of veterans,and for other purposes.
By unanimous consent,further consideration of House Bill No. 359 was postponed until Monday, February 18th, 1935, immediately after the expiration of the period of unanimous consents.
Under the order of business as established by the Committee on Rules,the following bill of the House was again taken up for consideration: By Mr. Rivers of Lanier.
House Bill No. 7. A bill to be entitled an Act to create and establish a State Police Patrol in the State of Georgia, and for other purposes.
The following substitute to House Bill No. 7 was read: By Messrs. Sutton of Wilkes,Flynt of Spalding,Harris of Richmond,Zellner of Monroe,and Culpepper of Fayette.

To be entitled an Act to create and establish the Georgia State Highway Patrol, to provide for the appointment of a Superintendent and Deputy Superintendent thereof, and to fix their term of office,their duties,qualificat1ons,and to provide for their taking oath and giving bond; to fix their salaries; to provide for the filling of vacancies in the office of Superintendent; to provide for the furnishing of headquarters,district or division,or sub-division,and and such other quarters as may be necessary,by purchase, construction or rental; to designate the

1028

JouRNAL OF THE HousE,

members of said Georgia State Highway Patrol, with their rank, amount of salaries,and to provide for the payment of the same and any increase thereof;to provide a treasurer or said headquarters of said Georgia State Highway Patrol or for any division thereof; to prescribe the qualifications of members of the Georgia State Highway Patrol; to provide a system of recruits and filing vacancies,to name the salaries of such recruits, to provide for the appointment or re-appointment of members of the Georgia State Highway Patrol, and to determine how applications for re-appointment may be rejected to prescribe the ages of members of the Georgia State Highway Patrol; to provide for the enlistment and subsequent training or members, and the composition of the troop named; to make it an offense for any member of the Georgia State Highway Patrol to withdraw from service without written consent; to provide for the furnishing and purchase of uniforms,and other equipment; to provide how said equipment shall be disposed or and how title shall vest; to provide the powers and duties of the Georgia State Highway Patrol; how prosecutions shall be conducted and fines and cost paid; to define who may receive a legal reward; to provide for the furnishing of meals and quarters for such Georgia State Highway Patrol; to provide !or the establishment of a bureau of crime de~ection and investigation; to provide for the issuance,renewal,cancellation or revocation of a drivers license for any motor propelled vehicle in this State; to declare who shall obtain a drivers license to fix the price to be charged therefor; to provide the length of time said license shall run; to provide that it shall be a misdemeanor to operate a motor vehicle without a drivers license; to provide that the fund received from the sale of drivers license shall be used to pay the appropriatio~ to the Georgia State Highway Patrol; to prevent revocation or existing laws regulating chauffeurs licenses; to provide when the penalty named in paragraph(a)of section 12 of this Act shall become effective; to provide for the furnishing or vehicles,horses,weapons and other equipment; to provide how such motor vehicles shall be used; to provide a penalty ror wearing

TUESDAY, FEBRUARY 12, 193:1.

1029

the insignia of or impersonating a member of the Georgia State Highway Patrol; to provide how counsel shall be furnished; to provide that the State Highway Department of Georgia shall pay a certain sum into the State Treasury for use of the Georgia State Highway Patrol; to provide that certain duties now performed by employees of the Georgia State Highway Department shall be performed by Georgia State Highway Patrol; to provide that duties of certain employees of the Public Service Commission shall be performed by Georgia State Highway Patrol;to provide for a sum to be appropriated for the use of the Georgia State Highway Patrol for the years 1935 and 1936; to provide that if any part of this Act shall be declared illegal that no other provision shall be affected; to provide when this Act shall become effective, 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:
There is hereby created and established a department of the state of Georgia to be known as the Georgia State Highway Patrol,the executive and administrative head of which shall be known as the Superintendent of the Georgia State Highway Patrol,and the force serving under such Superintendent shall be known and designated as the "Georgia State Highway Patrol".
The Superintendent of the Georgia State Highway Patrol shall be appointed by the Governor of this State and shall serve for a period of two years,and shall receive a salary of Three thousand six hundred dollars per year,payable monthly,and be subject to removal by the Governor after charges have been preferred and a hearing granted. The Adjutant-General of this State shall be eligible for appointment as Superintendent of the Georgia State Highway Patrol in the discretion of the Governor of this State,but if he shall be so appointed to such additional office, he shall not receive more than two Thousand a{s$2~u0p0e0r.01n0t) enpdeerntannoufmt,hepaGyaebolregima oSnttahtley,HfoigrhwseayrvPinagtro~

1030

JouRNAL oF THE HousE,

in addition to whatever salary he may receive as an officer in another department of this State. Provided, that should said Adjutant-General not be appointed to such position,the salary of Thirty Six Hundred dollars per annum for such Superintendent of the Georgia State Highway Patrol shall apply,although, such Adjutant-General if so appointed shall be subject to all the rules,regulations and laws governing the Department of Georgia State Highway Patrol as any other Superintendent.
Such Superintendent shall give a good and sufficient bond in the sum of $10,000.00 conditioned for the faithful discharge of his duties,to be payable to and approved by the Governor,and he shall be of sound physical condition and good moral character, and not more than sixty years old at the time of such appointment. He shall have at least three years experience as a peace officer, or with the National Guard or some other organization of this State or the United States having charge of the handling and control of bodies of men charged with enforcing the laws of this State or of the United States.
In the event of a vacancy in the office of the superintendent of the Georgia State Highway Patrol,by reason of death,resignation or other cause,the deputy superintendent hereafter named,shall perform all the functions of the superintendent until the vacancy is filled,but the Governor of this State is authorized to appoint a successor to such superintendent immediately upon the vacancy occurring.
The Superintendent shall be chargeable with the formation of the Georgia State Highway Patrol,and the management and control of the same hereafter except as otherwise prescribed, and with such other .duties as may be set out in this Act, and shall before entering upon his duties take an oath to be administered by tl1e Governor of this State to uphold the Constitution and laws of this State and to perform his duty truly and impartiallY.

TuESDAY, FEBRUARY 12, 1935.

1031

Section 2: The Superintendent of the Georgia State Highway
Patrol shall have authority to appoint a deputy superintendent whose term of office shall be two years, who shall receive an annual salary of Three thousand dollars ($3,000.00) payable monthly,and who shall perform such duties as he may be charged with by the superintendent,and 1n case a vacancy occurs shall act as Superintendent of the Georgia State Highway Patrol,until an appointment is made to fill such vacancy as herein provided,and while acting as superintendent shall draw the same salary. The Deputy Superintendent shall take the same oath as the Superintendent before entering upon his duties,and shall execute a bond in the sum of Five Thousand Dollars in the same terms as that of the Superintendent. The Deputy Superintendent shall be subject to removal !rom office by the Superintendent after charges preferred and a hearing thereon. Section 3:
The Governor of this State is authorized to provide suitable headquarters tor the Georgia State Highway Patrol at some place conveniently located in this State, by purchase, construction or rental of the same,within the appropriation hereinafter made. In the event of a purchase of such property title shall be taken in the name ot the State of Georgia. The Superintendent ot the Georgia State Highway Patrol is authorized to provide within the appropriation allowed by law, subject to the approval of the Governor, district or division headquarters at strategic points within this State,by purchase,construction or rental of the same,and to provide comfortable quarters at other points in the State,in the same manner,as sub-districts or sub-divisions. Section 4:
The Georgia State Highway Patrol shall consist ot, (1) Headquarters staff composed of the Superintendent,deputy superintendent,one inspector with the rank and pay of captain,one deputy inspector with the rank and pay of first lieutenant, three sergeants-major, and such other additional sergeants

1032

JouRNAL or THE HousE,

and corporals as the Superintendent may deem necessary tor headquarters use.
The salaries or such headquarters starr shall be on the same scale as fixed tor like officers herein.
The clerical duties at headquarters shall be performed by such headquarters starr,with whatever other assistance the Superintendent may deem necessary to employ.
The superintendent shall appoint one or the officers or his starr to act as treasurer and disbursing officer !or the Georgia State Highway Patrol,and such officer shall execute a good and sufficient bond conditioned !or the faithful discharge or his duties in an amount or five thousand dollars,which bond shall be approved by and payable to the Governor or this State,
(2) One troop composed or forty-five men which may be increased by the Superintendent with the approval or the Governor or this State,to not more than seventy-rive members, within the appropriation allowed by law; such troop being composed or the following personnel with the annual salaries herein stated, which salaries shall be payable monthly,
One captain at $2400 per year, Two first lieutenants at $2200 per year One first sergeant with rank of sergeant-major at $1700 per year, One starr sergeant at $1600 per year, Three sergeants at $1500 per year,each, Three corporals at $1400 per year,each, Four privates first class at $1300 per year,each, Thirty privates second class at $1200 per year each. (3) In addition to the members herein named the Superintendent of the Georgia State Highway Patrol shall maintain at all tiNes a force or recruits,not more than ten in number,ror the purpose or supplying replacements to such troop or Georgia State Highway Patro~and such recruits shall be given such instruction and training as the Superintendent or the

TuESDAY, FEBRUARY 12, 1935.

1033

Georgia State Highway Patrol shall prescribe. Each recruit,while in training,shall receive a salary of Nine Hundred Dollars per year,payable monthly,without other allowance. Any vacancies occurring in the troop of Georgia State Highway Patrol,other than ofticers,shall be filled from such recruits.
(4) Wherever a separate district or division headquarters is established in the manner provided herein, the Superintendent shall appoint a qualified officer to act as treasurer for such district or division,who shall give a good and sufficient bond in the amount of two thousand dollars,payable to the Governor of this State and to be approved b~ the Superintendent, conditioned for the faithful discharge of his duties.
(5) Each member of the Georgia State Highway Patrol, except the Superintendent and Deputy Superintendent, shall receive an increase in annual salary for each additional term of enlistment of two hundred dollars, until an aggregate increase of six hundred dollars per year shall have been reached.
(6) All of the officers and troopers of the Georgia State Highway Patrol shall be appointed or reappointed for a term of two years by the Superintendent of the Georgia State Highway Patrol,subject to removal by the Superintendent with approval of the Governor,after charges preferred and a hearing granted.
All officers and troopers upon expiration of their terms of enlistment and honorable discharge shall be entitled to re-appointment for their own vacancy,unless a board composed of three persons,appointed by the Superintendent of the Georgia State Highway Patrol with approval of the Governor,has determined that such applicant is not qualified for re-enlistment, the proceedings ot which board must be made a matter of record. Such board shall be composed of three impartial persons,and the officers of the State Highway Patrol shall be eligible for appointment thereto,and while so serving shall receive no other compensation than their salaries.

1034

JouRNAL OF THE HousE,

Provided,that no person shall be eligible tor appointment as an otticer or trooper or the Georgia State Highway Patrol unless he shall be a native born citizen of the United States, preferably ot Georgia, or good health and moral character,and between the ages of twenty-one and torty-t1ve years, excepting that in organizing the Georgia State Highway Patrol, the Superintendent shall be authorized to enlist not more than twenty tive percent (25%) or such personnel above the maximum age,but not more than fifty years or age.
Provided turther,that no former member or the National Guard or this or any other State,or or the Army,Navy,Marine Corps,Coast Guard orany law enforcement agency or the United States or sub-division thereof, who has been discharged with character less than Excellent, nor any former member or the Georgia State Highway Patrol who shall have been discharged tor any cause,shall be eligible tor appointment or re-appvlntment to such service.
In addition to the other qualifications named herein such applicant tor appointment shall pass a mental and physical examination based upon rules and regulations promulgated by the Superintendent or the Georgia State Highway Patrol, which requirements may not be Changed within twelve months ot any examination tor enlistment ot recruits,troopers,or appointment ot officers.
No officer or trooper except the commissioned officers herein shall be eligible tor reappointment
troi vreaycetiavrse_.service atter reaching the age or titty-
(7) Included within the membership or each troop shall be one or more competent mechanics with the rank or privates or the first class; such mechanic or mechanics shall be charged with the repairing and maintenance or the equipment ot the troop. Section 5:
It is further provided that any co~ss1oned ot-

TuESDAY, FEBRUARY 12, 1935.

1035

ticer ot the Georgia state Highway Patrol shall be eligible tor promotion to a higher 1~nk7 and any non-commissioned officer shall be eligible tor promotion to the rank of second lieutenant. Section 6:
It shall be a misdemeanor, and punishable as such by the Courts ot this State, tor any officer or trooper to withdraw from service in the Georgia State Highway Patrol without the written perndssion ot the Georgia State Highway Patrol approved by the Governo~ Section 7:
The Superintendent of the Georgia State Highway Patrol shall within the limit of the appropriation provided by law, provide the members of the Georgia State Highway Patrol with proper uniforms not to exceed a cost of one hundred and twenty dollars ($120.00) each per year,and also with emergency and first aid outtits,weapons,horses and horse equipment, vehicles with radio equipment it desired,other motor propelled vehicles,and all necessary supplies and equipment within the appropriation made,tor the pur. pose ot carrying out the provisions of this Act. The unitorms,supplies and equipments authorized to be purchased herein,shall be purchased by the Superintendent ot Georgia State Highway Patrol by bid let to the best bidder in accordance with the specifications named in the advertisement ot the bid,and the letting ot suCh contract must be advertised at least fifteen days before the letting ot the same,in some public journal of this State having a general circulation,in at least two issues thereot,the Superintendent having the right to reject all bids. Such equipment when provided shall be and become the property of the State of Georg1a,and the Superintendent ot the Georgia State Highway Patrol hall have the right and power to dispose ot the same,subject to approval of the State Purchasing agent,all moneys received ~rom such disposal to be paid into the state Treasury tor the appropriation to the Georgia State Highway PatroL Section 8:
It shall be the duty ot the Superintendent ot the

1036

JouRNAL oF THE HousE,

Georgia State Highway Patrol,subject to the laws of this State,to arrange for the enlistment and examination of applicants for admission to the Georgia St~te Highway Patrol,to provide the necessary preliminary training and subsequent instruction to the troopers in their duties as police officers of this State,and to make all necessary rules and regulations for the discipline and control of the Georgia State Highway Patrol. Section 9:
It shall be the primary duty of the Georgia State Highway Patrol to patrol the Highways of this State, to prevent,detect and investigate crime and to apprehend criminals,to safeguard the lives and property of the people of this State. They shall be empowered to act in cooperation with any other department of this State or with local authorities,and they shall have the power to arrest without warrant any person or persons committing or attempting to commit within their presence upon the highways of this State,a breach of the peace,or any other offense punishable by law; to serve and execute warrants of arrest or search issued by any lawful officer,and to exercise all the powers of other peace officers in this State,except as herein restricted,and any search warrant or warrant of arrest may be executed by them in any part of this State,according to the tenor thereof,without indorsement.
The Georgia State Highway Patrol shall not howeve~ usurp any of the duties or authorities of the sheriffs or other peace officers of this State, nor of the police of any incorporated village,town or city in this State, but they shall have the right to make arrests within the limits of any incorporated village,town or city in this State where the person or persons committing the offense is a fugitive from the Georgia State Highway Patrol, and where the assistance o! the officers o! the municipality cannot be readily obtained before the escape o! such fugitive.
The Georgia State Highway Patrol shall not exercise their power to suppress rioting or disorders within

TuESDAY, FEBRUARY 12, 191:-i.

1037

the limits of any county or incorporated municipality in this State,unless by direction of the Governor on request made by the governing authorities of such county or municipality. Provided that all prosecutions for any offense where an arrest is made by such Georgia State Highway Patrol shall be conducted as to venue and trial according to the laws of this State,and no member of the Georgia State Highway Patrol shall receive any other costs or emoluments than his salary, and all fines and costs shall be distributed according to laws now of force in this State. Provided that members of the Georgia State Highway Patrol shall be allowed to receive any legal reward offered for the apprehension of any criminal. Section 10:
The Superintendent of the Georgia State Highway Patrol, at the headquarters,district,division or sub-division or sub-district, as authorized in this Act, is authorized to provide comfortable quarters for the officers and troopers of the said Georgia State Highway Patrol, and to provide for the serving of the necessary meals,and upkeep of such quarters, to employ the necessary cooks,waiters and servants, which servants need not be members of the Georgia State Highway Patrol, and whose compensation shall be fixed by the Superintendent in accordance with the rates prevailing at place of employment,and who shall be.subject to discharge at the pleasure of the Superintendent. Section 11:
The Superintendent of the Georgia State Highway Patrol, with the approval of the Governor of this State,shall be authorized to use whatever sums may be necessary within the appropriation made,for the maintenance of a bureau of crime detection,investigation and prevention,which bureau may be maintained in cooperation with that now already maintained by any municipality in this State, or by the Georgia State Highway Patrol. In the event such bureau is maintained in cooperation with some municipality,the services of the same shall be at all times available to the Georgia State Highway Patrol.

1038

JouRNAL OF THE HousE,

Section 12: (a) Be it further enacted by the General Assembly
of Georgia and it hereby enacted by authority or the same,
That it shall be an offense punishable as for a misdemeanor by the Courts or this State,ror any person to operate any truck,automobile,motor-cycle,or any other motor propelled vehicle upon the roads or highways or this State or upon the streets or any incorporated village,town or city within this State, without first obtaining a drivers license.
(b) That no person shall be eligible for a drivers license until the age or sixteen years is reached, and before such license is obtained by the applicant therefor,he must pass an examination in operating a motor-propelled vehicle,such as is prescribed by other States and cities requiring a drivers license, with such changes as may be made by the Superintendent or Georgia State Highway Patrol in order to insure safe operation of motor-vehicles. If the applicant shall be unable to pass such examination the license shall be refused.
rr a license is granted,the applicant for such license shall pay the sum or Fifty Cents (50t) therefor when the same is issued,which license shall be valid for a period of one year from date or issuance, and shall be carried at all times on the person or such driver while operating a motor vehicle,and shall be exhibited upon demand by any authorized officer. The Georgia State Highway Patrol shall prescribe reasonable rules and regulations for the issuance or,cancellation,and refusal to renew drivers license when once issued,provided,that if a license shall be refused or revoked when once issued,the applicant shall have the right or appeal to the superior Court as in cases of appeal from the Ordinarys Court,with the exception that no bond shall be required or costs to be paid, but the drivers shall not operate a motor-vehicle until the case is disposed of,which shall be at the first term or Court,or earlier if the appellant shall elect to try

TuESDAY, FEBRUARY 12, 1935.

1039

the case at chambers without the intervention or a jury.

A drivers license shall be subject to renewal even atter revocation on such terms as the Superintendent may prescribe.
(c) Be it turther enacted that no applicant shall be required to apply tor a drivers license,or to stand any examination theretor,without the limits or the County in which such person resides,unless the applicant voluntarily applies tor a license in such other county.
(d) Be it further enacted that the provisions or this Act shall not apply to persons !rom other States passing through this State,or remaining within this State tor not more than six months,when the laws or the State or such persons residence do not require a drivers license; provided that such exception shall not authorize the operation or any motor-propelled vehicle by any person below the age or sixteen years whether rrom this State or any other State without a drivers license; and provided further that any person passing through this State,or remaining in this State for not more than six months who shall reside in a State requiring a drivers license,shall be required to have a drivers license issued by the State or his residence, or shall be required to obtain such drivers license in this State.
(e) Be it further enacted that such drivers license when obtained by any person trom the proper authorities or this State,shall be valid for a period of one year from the date of issuance,unless revoked or cancelled for cause.
(t) Be it further enacted.that the funds obtained from the sale or drivers license by the Georgia State Highway Patrol, shall be by the Superintendent thereof paid into the Treasury or this State immediately upon receipt, to be there used in paying the appropriations made for the Georgia State Highway Patrol, and for no other purpose.

1040

JouRNAL or THE HousE,

(g) Be it further enacted that nothing in this section shall revoke any other provisions or the laws of this State in regard to licensing chautteurs or other drivers ot public conveyances,but shall be cumulative thereto, and such operators ot such vehicles shall likewise obtain a drivers license as provided in this Act.
{h) Be it further enacted that the penalty provided in paragraph (a) or section 12 or this Act shall not become effective until six monthS atter the date of April lst,l935,

section 13: The board and quarters herein provided for shall
be furnished to each and every member or the Georgia State Highway Patrol, including the Superintendent and Deputy Superintendent by said Georgia State Highway Patrol, but the Superintendent and Deputy Superintendent shall be required to furnish their own uniforms, and the vehicles or other equipment or said Georgia State Highway Patrol shall be only used in official duty.

It shall be a misdemeanor punishable by the Courts or this State for any person or persons to wear the uniform or the insignia of any member or the Georgia State Highway Patrol or to impersonate any member thereof. Section 14:
It shall be the duty or the Attorney General ot this State,with the approval of the Governor,to provide counsel from his office without charge,ror any member or the Georgia State Highway Patrol accused or an offense committed while in discharge of his duty, provided such member or the Georgia State Highway Patrol so requests. Section 15:
That immediately upon the effective date or this Act, the State Highway Department of Georgia shall

TUESDAY, FEBRUARY 12, 1935.

1041

pay into the Trea~ of this State the sum or Fifty Thousand Dollars ($50,000.00) which sum shall be paid from any funds received by the State Highway Department from the gasoline tax, or from the revenue derived from the sale of Motor-Vehicle License Plates through the Motor-Vehicle Registration Division of the State Revenue Department as paid to said State Highway Department by the Treasury Department of this State. The said sum of Fifty Thousand dollars hereby directed to be paid into the Treasury of this State by said State Highway Department,shall be immediately available for,and shall be applied on the appropriation made to the Georgia State Highway Patrol,and tor no other purpose.
That it is further enacted that on and after April 1st. 1935 all of the duties hitherto performed by any employee or employees of the State Highway Department in that division lmown as "Collection ot Revenue", as inspectors and collectors of revenue from motor-vehicle license plates or other source,shall be performed by the Georgia State Highway Patrol acting under the direction of the Superintendent or said Georgia State Highway Patrol, on request of the State Highway Department of Georgia,and no other compensation shall be paid to the person or persons performing such duties other than the compensation received by them as members of the Georgia State Highway Patrol. Section 16:
Be it further enacted that the duties hitherto performed by the inspectors engaged in weighing and inspecting motor-propelled vehicles registered with the Public Service Commission of Georgia,shall after the first day of July 1935 be performed by the Georgia State Highway Patrol, who shall receive no additional compensation other than their salaries as members of the Georgia State Highway Patrol. Section 17:
Be it further enacted that the General Assembly of Georgia shall appropriate,and it does hereby appropriate the sum of three hundred thousand dollars ($300,000.00) for the year 1935 and the sum of two

1042

JouRNAL or THE HousE,

hundred and fifty thousand dollars ($250,000.00) for the year 1936, to become innnediately available upon the tunds being paid into the Treasury Department of Georgia from the sale of drivers license as herein provided,and from the fund paid into the Treasury Department by the State Highway Department of Georgia, the said sums to be used in creatingLmaintaining and operating the Georgia State Highway ~atrol for the years 1935 and 1936. Provided that only so much of said sums shall be used as shall be approved by the Governor,and any residue thereof shall be and become a part of the general fund of the Treasury Department of this State. Section 18:
Be it further enacted that in the event any part of this Act shall be declared unconstitutional or contrary to the laws of this state,that no other provision of said Act shall be affected. Section 19:
Be it further enacted that this Act shall go into effect and become operative not later than April lst. 1935. Section 20:
Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. '
The House was resolved into the Committee of the Whole House for the purpose of considering House Bill No. 7, and the Speaker designated Mr. Cobb of Clarke, as the Chairman thereof.
The Committee of the Whole House arose and through its Cha1rman,reported progress and asked leave to sit again.
Mr. Harris of Richmond moved that the House do now adjourn,the motion prevalled,and House Bill No. 7 went over as unfinished business.

TuESDAY, FEBRUARY 12, 1935.

1043

Mr. Edwards o! Lowndes arose to a question o! personal privilege and addressed the House.
Mr. Weeks ot Columbia arose to a question or personal privilege and addressed the House.
Mr.Williams or Coffee arose to a question of personal privilege and addressed the House.
Leaves or absence were granted to Messrs. Smith o! Webster,Howard or Chattahoochee and DeLoach o! Evans.
The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

1044

JouRNAL or THE HousE,

Representative Hall, Atlanta, Ga.

Wednesday, February 13, 1935.

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

Camp

Edwards o! Ste-

Allen

Campbell

phens

Almand ot Fulton Caswell

Ennis

Almand of Walton Claxton of Cam- Etheridge

Anderson

den

Felton

Ansley ot DeKalb Claxton of John- Flynt

Ansley ot Lee son

Fowler

Arnall

Clements of Cal- Freeman ot Bibb

Atwood

houn

Freeman of Early

Bannister

Clements of

Gammage

Bargeron

Wheeler

Gardner

Barnard

Cobb

Garrett

Barrett

Cohen

Gavin

Batchelor

Coleman

Gilbert

Bennett

Coxon

Gnann

Benton

Culpepper ot Ec- Goolsby

Bond

hols

Grayson

Booth

Culpepper of Fay- Green

Bowden

ette

Griffin ot Deca-

Black

Darnell

tur

Bland

Daughtry

Griffin ot Floyd

Blease

Davis ot Troup Groover

Bloodworth

Deal

Groves

Bradley

Dean

Guess

Brinson

DeLoach

Hammock

Brisendine

Dobbins

Hampton

Brooks

Dorris

Hand

Brown of Glynn Douglass

Harris

Brown of Greene Durden

Harrison

Brown of Pike Dyer

Hartsfield

Burgin

Edwards of

Herndon

Bush

Lowndes

Head

WEDNESDAY, FEBRUARY 13, 1935.

1045

Hefner

Martin

Saunders

Henderson

Milam

Scruggs

Hogan

Mills

Settle

Hogg

Minchew

Shedd

Holland

Mitchell of La- Shirah

Hooks

mar

Smith of Madison

Horton

Mitchell of Tal- Smith or Webster

Houston

iaferro

Spivey

Howard of Chat- Moore of Clayton Standard

tahoochee

Moore of Haral- Stephens

Howard or Screv- son ,

Sutton

en

Morris

Swindle

Jackson of

Moye

Teasley

Blackley

Mundy

Terrell of Hall

Jackson or Hab- Musgrove

Terrell of Troup

ersham

Neal

Terrell of Warren

Joel

Newby

Thompson

Johnson

Oden

Thrasher

Johnston

Parham

Tipton

Jones ot Brant- Parker of Col- Toms

ley

quitt

Townsend

Jones ot Lump- Parker of Union Twitty

kin

Parks

Warnell

Kelley

Parr

Watkins

Lanier

Patten ot Cook Watson

Lee

Patten of Tift . Weathers

Leonard of Mus- Peebles

Weeks

cogee

Peek

Welsch

Leonard of Walk- Perry

West

er

Peters

Whaley

Lewallen

Pound

Whitmire

Lewis

Preston of Bul- Williams of Bacon

Lindsay McBride

loch

Williams of Cof-

Preston ot Wal- fee

McCracken

ton

Williams of Jack-

McCranie

Ramsey

son

McCutchen

Rawlins

Williams of Jones

McGraw

Ray

Willingham

McKelvey McNall Mallory

Reagan Ross Sabados

Wilson Woods Wrench

Mann Manning

Salter Sammon

Young Zellner

Marshall

Sartain

Mr. Speaker

@3) See Appendix,Volume I ,tor absentees.

1040

JouRNAL oF THE HousE,

Mr. Preston or Bulloch,Chairman o! the Committee on Journals,reported that the Journal or yesterday's proceedings had been read and round correct.
By unanimous consent,the reading or the Journal was dispensed with.
The Journal was confirmed. By unanimous consent,the following was established as the order of business during the first part of the period of unanimous consentst 1. Introduction or bills and resolutions under the rules o! the House. 2. Reports of Standing Comndttees. 3. Second reading or bills and resolutions,ravorably reported. 4. Third reading and passage or local uncontested House Bills. 5. First reading and reference or Senate Bills. 6. Third reading and passage or House Bill No. 69. By unanimous consent,the following bills and resolutions of the House were introduced,read the first time,and referred to the Committees: By Mr. Howard of Screven. House Bill No. 627. A bill to be entitled an Ac~ to amend an Act establishing the City Court or Sylvania, and tor other purposes. .Referred to Committee on Special Judiciary. By Mr. Ansley o! Lee. House Bill No. 628. A bill to be entitled an Act to amend an Act establishing the City Court ot Leesburg, and tor other purposes. Referred to Committee on Special Judiciary. By Mr. Gavin or Clay. House Bill No. 629. A bill to be entitled an Act to increase the State Aid Road System by adding a

WEDNESDAY, FEBRL'ARY 13, 1935.

1047

road in Clay and Early Counties,and tor other purposes.
Referred to Committee on Public Highways No. 2. By ~ssrs. Stephens and Hogan of Laurens.
House Bill No. 630. A bill to be entitled an Act to change the number or terms or the Superior Court in Laurens County,and for other purposes.
Referred to Committee on Counties and County Matters. By Messrs. Stephens and Hogan or Laurens.
House Bill No. 631. A bill to be entitled an Act to provide a suitable memorial to memory or Governor George M. Troup, and ror other purposes.
Referred to Committee on Historical Research. By Mr. Harris or Richmond.
House Bill No. 632. A bill to be entitled an Act to amend Title 13, Chapter 13, Section 13-501 or 1933 Code relating to reports or banks,and tor other purposes.
Referred to Committee on Banks and Banking. By Messrs. Lanier and-Harris or Richmond, Sutton of Wilkes and Almand or Fulton.
House Bill No. 633. A bill to be, entitled an Act to make it an offense to appear on the highways or in any public place in an intoxicated condition,and tor other purposes.
Referred to Committee on General Judiciary No. 1. By Messrs. Bloodworth, Bowden and Freeman or Bibb (By request).
House Bill No. 634. A bill to be entitled an Act to amend Section 59-201 or 1933 Code,relative to. qualifications or grand jurors,and tor other purposes.
Referred to Committee on General Judiciary No. 1.

1048

JouRNAL oF THE HousE,

By Messrs. Bloodworth,Bowden and Freeman ot Bibb (By request)
House Bill No. 635. A bill to be entitled an Act to amend Section 59-101 ot 1933 Code,relative to jury commissioners,and tor other purposes.
Referred to Committee on General Judiciary No. 1. By Messrs. Bloodworth,Bowden and Freeman ot Bibb.
House Bill No. 636. A bill to be entitled an Act to amend an Act shown by Acts ot 1929, pages 479-80, providing tor appointment ot stenographic reporters to be paid a monthly salary in Bibb County, and tor other purposes.
Referred to Committee on Counties and County Matters. By Messrs. Stephens ot Laurens, Lee ot Pulaski, McBride ot Montgomery,Zellner ot Monroe and Whaley ot Telfair.
House Bill No. 637. A bill to be entitled an Act to provide additional compensation tor otticial stenographic reporters ot certain counties, and tor other purposes.
Referred to Committee on General Judiciary No. 2. By Messrs. Parker and Shirah ot Colquitt.
House Bill No. 638. A bill to be entitled an Act to repeal 8action 695, Volume 1 ot Code relating to road taxes in certain counties so as to eliminate Colquitt County,and tor other purposes.
Referred to Committee on Counties and County Matters. By Messrs. Parker and Shirah ot Colquitt.
House Bill No. 639. A bill to be entitled an Act to repeal an Act regulating the practice ot or the occupation ot a barber, and tor other purposes.
Referred to Committee on Hygiene and Sanitation.

WEDNESDAY, FEBRUARY 13, 193:J.

1049

By Mr. Claxton of Johnson. House Resolution No. 143-639a. A resolution direct-
ing the State Librarian to furnish the Clerk and Ordinary of Johnson County,with certain volumes,and for other purposes.
Referred to Comrndttee on Public Library. By Messrs. Stephens of Laurens and Sutton of Wilkes.
House Resolution No. 144-639b. A resolution to investigate the right of National Surety Corporation to continue business in Georgia,and for other purposes.
Referred to Committee on Special Judiciary. By Mr. Almand of Fulton.
House Resolution No. 145-639a. A resolution to release Mrs. Lucile M. Greene as surety on bond in Fulton County, and for other purposes.
Referred to Committee on Special Judiciary. By Mr. Harris of Richmond.
House Bill No. 640. A bill to be entitled an Act to amend an Act providing for occupation tax on all distributors of motor fuel and/or kerosene within the State of Georgia,and for other purposes.
Referred to Committee on Ways and Means. By Mr. Arnall of Coweta.
House Bill No. 641. A bill to be entitled an Act to provide for granting relief by injunction for specific performance of certain contracts between employers and employees,and for other purposes.
Referred to Committee on Industrial Relations. By Mr. Saunders of Harris.
House Bill No. 642. A bill to be entitled an Act to provide for the election of a Lieutenant-Governor, and for other purposes.
Referred to Committee on Amendments to Constitution No. 1.

1050

JouRNAL oF THE HousE,

Mr. Lanier of Richmond County, Chairman of the Committee on Amendments to Constitution No.l,submitted the following report:

Mr. Speaker:

Your Committee on Amendments to Constitution No. 1 have had under consideration the following bill of the House and have instructed me as Chairma.ni to report the same back to the House with the fol owing recommendation:
House Bill No.l03, do pass by substitute. Respectfully submitted, Lanier of Richmond, Chairman.

Mr. Rawlins of Ben Hill County, Chairman of the Committee on Game and Fish, submitted the following report:

Mr. Speaker:

Your Co~ttee on Game and Fish have had under consideration the following bill of the House and have instructed me as Chairman to report the same back to the House with the following recommendation:

House Bill No. 456,do pass, as amended.

Respectfully submitted,

Rawlins of Ben Hill,

Chairman.



Mr. Bargeron of Burke County, Chairman or the Committee on General Agriculture No. 1, submitted the following report:

Mr. Speaker:

Your Committee on General Agriculture No. 1 have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

WEDNESDAY, FEBRl:ARY 13, 1935.

1051

House Bill No. 320, do pass,as amended. House Bill No. 585,do not pass.
Respectfully submitted, Bargeron of Burke, Chairman.
Mr .Johnson of Seminole County,Chairman of the Committee on General Agriculture No. 2, submitted the following report: Mr.Speaker:
Your Committee on General Agriculture No.2 have had under consideration the following bill of the House and have instructed me as Chair.man,to report the same back to the House with the following recommendation:
House Bill No. l63,do pass,as amended. Respectfully submitted, Johnson of Seminole, Chairman.
Mr.Dorris of Crisp,County,Cha1r.man of the Connnittee on General Judiciary No.2,submitted the following report: Mr .speaker:
Your Committee on General Judiciary No. 2 have had under consideration the following bills and resolutions of the House and senate and have instructed me as Chairman,to report the same back to the House with the following recommendations:
Senate Bill No. 38, do not pass. Senate Bill No. 60, do pass. House Bill No. 164, do pass,as amended. House Bill No. 407, do pass. House Bill No. 212, do pass. House Bill No. 161, do not pass. House Resolution No. 118-588e, do pass. House Resolution No. 119-588f, do pass.
Respectfully submitted, Dorris of Crisp, Chairman. -

1052

JouRNAL OF THE HousE,

Mr. Watson of Paulding County, Chairman of the Com-

mittee on Education No. 2, submitted the following

report:



Mr. Speaker:

Your Committee on Education No. 2 have had under consideration the following bills of the House and have instructed me as Chairman to report the same back to the House with the foliow1ng recommendations:
HHoouussee BBiillll NNoo.. 329584,,ddoo npoatssp. ass.
Respectfully submitted, Watson of Paulding, Chatman.

Mr. Clements of Wheeler County, Chairman ot the Committee on Municipal Government, submitted the following report:

Mr. Speaker:

Your Committee on Municipal Government have had under consideration the following bills of the House and/or Senate and mve instructed me as Chairman, to report the same back to the House with the following recommendations:
Senate Bill No. 74, do pass. senate Bill No. 98, do pass. Senate Bill No.lOO, do pass. Senate Bill No.lOl, do pass. Senate Bill No.l03, do pass. House Bill No. 347, do pass. House Bill No. 564, do pass. House Bill No. 608, do pass. House Bill No. 609, do pass.
Respectfully submitted, Clements of Wheeler, Chairman.

Mr. Shirah of Colquitt County, Chairman of the Committee on Privileges and Elections,submitted the following report:

WEDNESDAY, FEBRUARY 13, 1935.

1053

Mr. Speaker:
Your Committee on Privileges and Elections have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendation:
House Bill No. 560, do pass. Respectfully submitted, Shirah of Colquitt, Chairman.
Mr. Musgrove of Clinch County, Chairman of the Committee on Public Highways No. 2,subm1tted the following -report: Mr .speaker:
Your Committee on Public Highways No. 2 have bad under consideration the following bills and/or resolutions of the House and have instructed me as Chairman,to report the same back to the House with the following recommendations:
House Bill No. 106, do pass. House Bill No. 484, do pass. House Bill No. 245, do pass. House Bill No. 487, do pass. House Bill No. 228, do pass. House Bill No. 281, do pass. House Bill No. 211, do pass. House Bill No. 257, do pass. House Bill No. 315, do not pass. House Resolution No. 46-2700, do pass. House Resolution No. 57-298d, do pass.
Respectfully submitted, Musgrove ot Clinch, ChairDJ3Jl.
Mr. Terrell of Troup County, ChairDJ3Jl ot the Committee on Special Appropriations,submitted the following report:

1054

JouRNAL OF THE HousE,

Mr. Speaker:
Your Committee on Special Appropriations have had under consideration the following bills and/or resolutions of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
House Resolution No.l30, do pass. House Bill No. 206, do pass.
Respectfully submitted, Terrell of Troup, Chairman.
Mr. Grayson of Chatham County, Chairman of the Committee on Special Judiciary, submitted.the following report: Mr.Speaker:
Your Committee on Special Judiciary have had under consideration the following bills of the House and have instructed me as Chairman,to report the same back to the House with the following recommendations:
House Bill No. 603, do pass. House Bill No. 607, do pass. House Bill No. 495, do pass. House Bill No. 125, do pass. House Bill No. 597, do pass. House Bill No. 596, do pass. House Bill No. 574, do pass. House Bill No. 453, do pass. House Bill No. 452, do pass. House Bill No. 332, do pass. House Bill No. 589, do pass. House Bill No. 590, do pass.
Respectfully submitted, Grayson of Chatham, Chairman.
Mr. Grayson of Chatham County, Chairman of the Committee on Special Judiciary, submitted the following report:

WEDNESDAY, FEBRUARY 13, 1935.

1055

Mr. Speaker: Your Committee on Special Judiciary have had under
consideration the following bill o! the House and have instructed me as Chairman to report the same back to the House with the !oliowing recommendation:
House Bill No. 604, do pass. Respectfully submitted, Grayson o! Chatham, Chairman.
By unanimous consent,the following bills and ~eso lutions ot the House and Senate,tavorably reported, were read the second time: By Senator Millican of the 35th District.
Senate Bill No. 60. A bill to be entitled an Act to regulate the manu!acture,sale,possession,control, prescribing,administering,dispensary,compounding, mixing,cultivation and growth ot narcotic drugs in the State ot Georgia; and for other purposes. By Senator Millican of the 35th District.
Senate Bill No. 74. A bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta,so as to make it lawful for a person who holds a Feder~l,State or County o!ficeor position to at the same time be a member of the Atlanta Board of Education,and for other purposes.
By Senator Millican or the 35th District.
Senate Bill No. 98. A bill to be entitled an Act to amend an Act establishing a new cbarter tor the City of Atlanta,Section 86 of the Code or the City o! Atlanta ot 1924 pertaining to license fees, and tor other purposes. By Senator Millican o! the 35th District.
Senate Bill No. 100. A bill to be entitled an Act to amend an Act establishing a new charter tor the City or Atlanta authorizing Group Insurance for e~ ployees,and !or other purposes.

1056

JouRNAL oF THE HousE,

By Senator ~llican or the 35th District. Senate Bill No. 101. A bill to be entitled an Act
to amend an Act establishing a new charter for the City of Atlanta authorizing Mayor and General Council to carry over and retire from year to year a deficit of $1,500,000 on the basis of one-fifth of said amount each year,and for other purposes. By Senator Millican of the 35th District.
Senate Bill No. 103. A bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta,by abolishing the office of Warden and creating Director of Relief,reducing membership on School Committee on General Council,providing for election of certain officials and committees by General Council, providing for change in oath of office prescribed for Mayor and General Council,providing for permanent registration,for time or payment of taxes and providing for system or civil service tor various Departments of said City; and for other purposes. By Mr. Burgin of Morgan.
House Bill No. 103. A bill to be entitled an Act to amend the Constitution of the State or Georgia by prescribing that no local or special bill shall be introduced into the General Assembly,and for other purposes. By Mr. Lewallen of Banks County.
House Bill No. 106. A bill ~o be entitled an Act to amend the State Aid Road System by adding a road 1rt Banks and Hall Count1es,and for other purposes. By Mr. Batchelor of Putnam.
House Bill No. 125. A bill to be entitled an Act to define the offense or kidnapping for ransam,and for other purposes. By Messrs. Jackson of Bleckley,Lanier of Richmond and others.
House Bill No. 164. A bill to be entitled an Act to incorporate the Georgia Bar, and for other purposes.

WEDNESDAY, FEBRUARY 13, 1935.

1057

By Messrs. Arnall and Dyer o! Coweta. House Bill No. 206. A bill to be entitled an Act
to appropriate $1,000 to refurnish Liberty Hall,and tor other purposes. By Mr. Sabados o! Dougherty.
House Bill No. 211. A bill to be entitled an Act to amend the state Aid Road System by adding a road in Worth County, and tor other purposes. By Mr. Sabados o! Dougherty.
House Bill No. 212. A bill to be entitled an Act to provide that parties filing an appeal upon paupers oath may be enjoined from disposing of any assets,and for other purposes. By Messrs. Moye and Blease of Brooks.
House Bill No. 228. A bill to be entitled an Act to amend the State Aid Road System by adding a road in Brooks,Lowndes and Lanier Counties,and for other purposes. By Mr. Smith o! Webster. House Bill No. 245. A bill to be entitled an Act to increase Mileage in State Aid Road System by adding a road in Webster Cohnty,and for other purposes. By Mr. Weeks of Columbia.
House Bill No. 254. A bill to be entitled an Act to amend Section 32-913 of 1933 Code by adding a provision relative to employment of teachers in public schools,and tor other purposes. By Mr. Reagan ot Henry.
House Bill No. 257. A bill to be entitled an Act to amend State Aid Road System by adding mileage in DeKalb and Henry counties,and for other purposes. By Messrs. Horton and Young of Sumter and Gammage of Terrell.
House Resolution No. 46-270a. A resolution to require State Highway department to add a road from Americus to Dawson, to State Aid Road System,and for other purposes

1058

JouRNAL OF THE HousE,

By Mr. McBride of Montgomery. House Bill No. 281. A bill to be entitled an Act
to amend State Aid Road System by adding a road in Montgomery County, and tor other purposes. By Messrs. Durden and Sabad~s of Dougherty and Parker of Colquitt.
House Resolution No. 57-298d. A resolution to increase the state Aid Road System by adding a road in Dougherty and Colquitt County, and tor other purposea By Mr. Reagan ot Henry.
House Bill No. 320. A bill to be entitled an Act to amend Section 1852 of Civil Code and Section 555 o! Penal Code relating to record to be made by purchasers of seed cotton, and tor other purposes. By Mr. Almand o! Fulton.
House Bill No. 332. A bill to be entitled an Act to authorize counties to pay expense of medical and hospital care ot paupers,and tor other purposes. By Messrs. Hartsfield,Almand and Ramsey ot Fulton.
House Bill No. 347. A bill to be entitled an Act to amend an Act establishing a new charter tor the City ot Atlanta, pertaining to license !ees,and tor other purposes. By Mr. Bush o! Miller.
House Bill No. 452. A bill to be entitled an Act to abolish the City Court ot Miller Connty, and !or other purposes. By Messrs. Groves ot Lincoln and Zellner of MOnroe.
House Bill No. 456. A bill to be entitled an Act to provide tor the use ot wire baskets and seines in the water ot Lincoln and Monroe Count1es,and tor other purposes. By Mr. Bush of Miller.
House Bill No. 453. A bill to be entitled an Act to establish the City Court of Miller County, and for other purposes.

WEDNESDAY, FEBRUARY 13, 1<)35.

1059

By Mr. Adams of Franklin. House Bill No. 487. A bill to be entitled an Act
to increase State Aid Road mileage by adding a road in Franklin County, and for other purposes. By Mr. Dorris of Crisp.
House Bill No. 407. A bill to be entitled an Act to amend 1933 Code which provides !or appointment or jury commdssioners,by adding section specifying the qualifications,and for other purposes. By Messrs. Gnann or Effingham, Freeman and Bloodworth ot Bibb, McNall or Chatham and Head or Catoosa.
House Bill No. 484. A bill to be entitled an Act to increase the State Aid Road System mileage by adding a road in Effingham County, and for other purposes. By Mr. Almand of Fulton.
House Bill No. 495. A bill to be entitled an Act to provide tor the modification or decrees with reference to permanent alimony, and for other purposes. By Messrs. McKelvey and Sammon o! Gwtnnett.
House Bill No. 560. A bill to be entitled an Act to amend an Act providing for manner of conducting elections, by providing tor a uniform time and manner !or opening ballot boxes, and !or other purposes. By Mr. Ross of Dodge.
House Bill No. 564. A bill to be entitled an Act to amend an Act creating a new charter !or the city of Eastman, and tor other purposes. By Messrs. Dyer and Arnall of Coweta.
House Bill No. 574. A bill to be entitled an Act to amend Section 49-810 or 1933 Code, to provide for the allowance of Ordinaries that guardians of incompetents may expend funds tor support of dependent parents of such veterans,and for other purposes. By Mr. Gammage of Terrell.
House Resolution No. 118-588e. A resolution to relieve J.M. Varner as surety on bond,and for other purposes.

1060

JouRNAL OF THE HousE,

By Mr. Gammage of Terrell. House Resolution No. ll9-588r. A resolution tore-
lieve J.M. Varner as surety on bond, and for other purposes. By Mr. Teasley of Cherokee.
House Bill No. 589. A bill to be entitled an Act to provide tor the payment by counties of certain population, of actual cost incurred in Superior Court for the trial and conviction of misdemeanor convicts worked by said counties, and for other purposes. By Mr. Teasley of Cherokee.
House Bill No. 590. A bill to be entitled an Act to provide for the payment of a salary in lieu or fees to the Sheriff of Cherokee County, and tor other purposes. By Mr. Sutton of Wilkes.
House Bill No. 596. A bill to be entitled an Act to amend an Act creating a county depository for Wilkes County, and for other purposes. By Messrs. Brown of Green and Sutton of Wilkes.
House Bill No. 597. A bill to be entitled an Act to repeal an Act including a road from Washington to Moore's Mill irr Wilkes County, and substituting a road from Washington to Greensboro therefor,and for other purposes. By Messrs. Bennett of Ware, Spivey of Emanuel,Twitty ot Ware and Sutton of Wilkes.
House Bill No. 603. A bill to be entitled an Act to provide tor the filing,recordation and indexing ot plats, and for other purposes. By Messrs. Terrell, Groover and Davis of Troup.
House Bill No. 604. A bill to be entitled an Act to amend an Act creating the City Court ot LaGrange, and for other purposes. By Messrs.Bennett and Twitty of Ware, Spivey of Emanuel,Sutton of Wilkes and Dobbins or Morgan.
House Bill No. 607. A bill to be entitled an Act

WEDNESDAY, FEBRUARY 13, 1935.

1061

to limit to 5 years the effect of filing for record any mortgage,bill of sale to secure debt or other instrument creating a lien on personal property, and for other purposes. By Messrs. Harris of Richmond, Spivey of Emanuel and Townsend of Dade.
House Resolution No. 130-607a. A resolution providing that each member of the House of Representatives 1s entitled to double mileage,and for other purposes. By Mr. Kelley of Elbert.
House Bill No. 608. A bill to be entitled an Act to amend the Act creating the charter of the City of Elberton, and for other purposes. By Mr. Henderson of Irwin.
House Bill No. 609. A bill to be entitled an Act to amend an Act incorporating the City of Ocilla,and for other purposes.
By unanimous consent,the following bill of the Senate was read the first time,and referred to the. Committee: By Senator Rucker of the 50th District.
Senate Bill No. 65. A bill to be entitled an Act amending the Charter of the Mayor and Council of the City of Athens,and changing the term of the Recorder.
Referred to Committee on Special Judiciary. By unanimous consent,the following bill of the House was read the third time and placed upon its passage: By Mr. Williams of Bacon. House Bill No. 69. A bill to be entitled an Act to permit the residents of any counties having a population of not less than 7025 and not more than 7075,to take fish from the waters of such counties at any time by hook and line only,and for other purposes. The report of tl.le Connn1ttee,which was favorable to the passage of the bill,was agreed to.

1062

JouRNAL oF THE HousE,

On nays

toh. e

passage

of

the

bill,the

ayes

were

115,

The bill having received the requisite constitutional majority was passed.

The following resolutions of the House were read and adopted:

By Mr. Jackson of Habersham.
A resolution granting the privileges of the floor to Dr. O.N. Harden,former Representative of Banks County, and Honorable Vance Perkins, former Representative of Habersham County, and for other purposes.

By Messrs. Dean of Rockdale,and Head of Catoosa. House Resolution No. 146. A resolution authorizing
the Speaker to have the pages wait upon the members of the House,in order that they might be given an opportunity to contribute ten cents toward an addition to the zoo of the City of Atlanta, and for other purposes.

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

By Mr.Rivers of Lanier . House Bill No. 7. A bill to be entitled an Act to
create and establish a State Police Patrol in the State of Georgia;to provide for the establishment of a Driver's license Office,and for other purposes

Mr. Arnall of Coweta moved that the House resolve itself into the Committee of the Whole House for the purpose of considering House Bill No. 7, with instructions to report same back to the House within thirty m1nutes,and the motion prevailed.

The House was resolved into the Committee of the Whole House for the purpose of considering House Bill No. 7~ and the Speaker designated Mr. Cobb of Clarke as the Chairman thereof.

n, WEDNESDAY, FEBRUARY

1~:~:1.

1063

The Committee of the Whole House arose and through its Chairman, reported House Bill No. 7 back to the House with the recommendation that the same do pass, by substitute, as amended.

Pursuant to a resolution adopted to that effect, United States Senator,J.Hamilton Lewis of Illinois, appeared upon the floor of the House,with the Committee of Escort appointed by the Speaker to wait upon the Senator,and addressed the members of the General Assembly.

Mr. Harris of Richmond moved that the House recess until 2:00 o'clock, P.M., this afternoonL the motion prevailed,and the speaker announced the House adjourned until 2:00 o'clock.

2:00 otclock,P.M.

The Speaker called the House to order.

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

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following bills and resolutions of the Senate,to wit:

By Senator Millican of the 35th District. Senate Bill No. 14. A bill amending the constitu-
tion of the State and rearranging the Senatorial districts, and for other purposes.

By Senator Pope of the 15th District.

.

Senate Bill No. 69. A bill to provide eligibility

for applicants for disabled veterans license, and

for other purposes.

By Senator Almon of the 37th District. Senate Bill No. 89. A bill vesting in the Tax Col-
lectors in certain counties the powers of Sheriffs of said counties relative to the collection and levy of all tax fi.fas.,and for other purposes.

1064

JouRNAL or THE HousE,

By Senator l111hollin of the 46th D1S'tr1ct. Senate Bill No. 116. A bill providing for the ap-
pointment and election of a Board of Commissioners of Roads and Revenues for the county of Coffee,and for other purposes. By Senator Smith of the 24th District.
Senate Bill No. 139. A bill to amend the charter of the City of Columbus; to abolish the offices of Mayor and Board of Aldermen and certain other offices, and for other purposes. By Senator Lester of the 18th District.
Senate Resolution No. 25. To relieve the Roman Catholic Society in the City of Augusta. By Senator Crawford of the 42nd District.
Senate Resolution No. 40. A resolution authorizing the state librarian to furnish the Ordinary of Chattooga County, Surnmerville,Ga., the Code of 1933,and for other purposes. By Senator Chappell of the 13th District.
Senate Resolution No. 42. A resolution proposing to the General Assembly that the State Librarian be authorized to complete the sets of Supreme Court reports and Park's Annotated Code in the offices of the Judge of the Superior Court of the Southwestern Circuit of Georgia, and for other purposes. By Senator Evans Gf the 29th District.
Senate Resolution No. 43. A resolution that a copy of the 1933 Code of Georgia be furnished for the Superior Court room of McDuffie County, and for other purposes. Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House,to wit: By Messrs. Lanier,Harr1s and Barrett of Richmond.
House Bill No. 11. A bill to be entitled an Act

WEDNESDAY, FEBRl'ARY 13, 1!)3;).

1065

to amend the Charter of the City of Augusta, and for other purposes. By Mr. Darnell of Pickens.
House Bill No. 18. A bill to be entitled an Act to provide for the holding of three terms in each year of the Superior Court of Pickens County~ and for other purposes.
The following bill of the House was again taken up for.consideration: By Mr. Rivers of Lanier.
House Bill No. 7. A bill to be entitled an Act to create and establish a State Police Patrol in the State of Georgia; to provide for the establishment of a Drivers' License Law, and for other purposes. . The following amendments to the substitute,offered by the Special Committee appointed by the Speaker,to House Bill No. 7 were adopted:
Mr. Hammock of Randolph moves to amend the substitute for House Bill No. 7, by adding a new paragraph to Section four (4) thereof to be numbered paragraph eight (8) as follows: Paragraph 8. Not more than three men shall be appointed by the Superintendent to the personnel of said patrol from any one county in the State.
Messrs. Lanier of Richmond,Terrell of Warren,and Joel of Clarke move to amend the substitute to House Bill No. 7 by striking out in Section one (1) paragraph two (2) beginning with the words "The AdjutantGeneral" all of said Paragraph Two of Section One (1) inclusive of and beginning with the words "The Adjutant-General".
Messrs. Williams of Bacon and Pound of Hancock move to amend the substitute to House Bill No. ?,by adding a new paragraph to Section 4, as follows: No member of the National Guard shall be eligible for appointment as a member of the Highway Patrol.

1066

JouRNAL oF THE HousE,

Messrs. Lanier of Richmond, Williams of Bacon,Pound of Hancock,Terrell of Warren,and Joel of Clarke move to amend the substitute to House Bill No. 7 by adding in Section six (6) between the third (3) and fourth (4) paragraphs thereof, the following: No person shall be eligible to employment as a member and/or official and/or employee of the Georgia State Highway Patrol unless he or she shall immediately upon such employment discontinue and resign employment by any and all State Departments,State agencies,sub-divisions of this State,Counties,municipalities,the Federal Government,or any Department or agency thereof.

Mr. Edwards of Lowndes amends the substitute for

House Bill No.7 by striking therefrom in its entire-

ty Section 14.



Mr. Durden of Dougherty moves to amend Section 6 of substitute to House Bill No. 7, by adding the following: Provided that any officer or trooper shall have the right to withdraw from service after having given ten (10) days written notice of his intention to do so.

Mr. Edwards of Lowndes amends the substitute for House Bill No. 7 b. adding to Section 12 sub-section a, the following: 'From the date of purchase by any person of any truck,automobile,motorcycle or other motor propelled vehicle,said person shall have a period of ten (10) days to obtain a drivers license".

Mr. Lindsay of DeKalb moves to amend the substitute to House Bill No. 7 as follows: Amend Section 13 by inserting after the word "persons" in the last sentence of said Section the words "other than members of the Georgia State Highway Patrol".

Mr. Hartsfield of Fulton moves to amend as follows: that section 12 sub-paragraph b be amended by adding the following: Said Superintendent,shall have further power in his discretion,to require all persons obtaining a drivers license to file with said department their finger prints, to be filed and become a part of the record in connection with said license.

WEDNESDAY, FEBRCARY 1:3, 1935.

1067

Mr. McGraw of Meriwether moves to amend substitute for House Bill No. 7 by adding after the word "purpose8 in the first paragraph of Section 15, the following words: "Provided,that said sum of $50,000.00 paid by the State Highway Department into Treasury of State for use of said Georgia State Highway Patrol shall be repaid to said State Highway Department out of first funds collected under provisions of this Act."
Mr. Sammons of Gwinnett moves to amend the substitute to House Bill No. 7, as follows: By striking sub-section (g) of Section 12 in its entirety and substituting in lieu thereof, the following: "The drivers' license herein required shall supersede all other provisions or the law of this State relative to drivers' or chauffeurs' license,which shall no longer be required upon the approval or this Act.
The amendment offered by Mr. Adams or Franklin was lost.
The amendment offered by Mr. Terrell of Warren was lost.
The amendment offered by Mr. Edwards of Lowndes was withdrawn.
The amendment offered by Mr. Watson or Paulding was withdrawn.
The amendment offered by Mr. Dean of Rockdale and others was withdrawn.
The amendment offered by Mr. Griffin or Floyd was lost.
Mr. McBride of Montgomery moved the previous question,and the motion prevailed.
Mr. Howard of Chattahoochee moved that further consideration of House bill No. 7, together with substitutes and amendments, be postponed indefinitely,and the motion was lost.

1068

JouRNAL OF THE HousE,

The main question was orderetl.

The following minority report was submitted.

Minority Report: For Substitute House Bill No. 7. The undersigned member of sub-committee appointed
on House Bill No. 7 files this minority report to substitute for House Bill No. 7 and recommends that it do not t:ass.

Edwards of Lowndes.

The Special Committee Substitute to House Bill No. 7 was adopted, as amended.

Mr. Terrell of Troup moved that the House do now adjourn,and the motion was lost.

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

pn the passage of the bill,by substitute,as amended,the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Almand of Fulton Brown of Glynn Dobbins

Anderson

Brown of Pike Dorris

Ansley of DeKalb Campbell

Durden

Bannister

Claxton of Cam- Ennis

Bargeron

den

Felton

Barnard

Claxton of John- Flynt

Bennett

son

Fowler

Benton

Clements of

Freeman of Bibb

Booth

Wheeler

Gammage

Bowden

Cobb

Garrett

Bland

Cohen

Gnann

Bloodworth

Coxon

Grayson

Bradley

Darnell

Griffin of Decatur

Brinson

Daughtry

Griffin of Floyd

Brisendine

Deal

Groves

WEDNESDAY, FEBRUA'RY 13, 1935.

1069

Guess

McGraw

Ray

Hammock

McKelvey

Sammon

Hand

McNall

Saunders

Harris

Mallory

Scruggs

Harrison

Marshall

Settle

Hartsfield

Martin

Shedd

Henderson

Mllam

Spivey

Hogan

Mitchell of La- Standard

Holland

mar

Stephens

Houston

Mitchell of Tal- Sutton

Howard of Screv- iaferro

Swindle

en

Moore of Clayton Teasley

Jackson of

Moore of Haral- Terrell of Hall

Blackley

son

Terrell of Troup

Jackson of Hab- Morris

Thompson

ersham

Moye

Tipton

Joel

Mundy

Townsend

Johnson

Musgrove

Warnell

Kelley

Neal

Weeks

Lanier

Oden

Welsch

Lee

Parker of Union West

Leonard of Mus- Parr

Williams of Jack-

cogee

Patten of Tift son

Leonard of Walk- Peebles

Williams of Jones

er

Peek

Willingham

Lewis

Pound

Wilson

McBride

Preston of Wal- Wrench

McCracken

ton

Young

McCutchen

Ramsey

Zellner

Those voting in the negative were Messrs.:

Adams Ansley or Lee Atwood Barrett Batchelor Blease Burgin Bush Clements of
Calhoun Coleman Culpepper of Echols

Culpepper of Fayette Edwards of Lowndes Freeman of Early Gard.,er Gavin Gilbert Hampton Head Howard of Chattahoochee

Jones of Brantley Jones of Lumpkin Lewallen Lindsay McCranie Manning Mllls Newby Parham Parker of Colquftt Parks Patten of Cook Peters

1070

JouRNAL. or THE HousE,

Rawlins

Shirah

Whitmire

Sabados

Smith of Madison Williams of Ba-

Salter

Watson

con

Sartain

Weathers

Williams of Cot-

.

Whaley

fee

@ITDSee Appendix,Volume I,for those not voting.

By unanimous consent,the verification of the roll

call was dispensed with.

On the passage of the bill,by substitute,as amend-

ed,the ayes were l09,nays 45.



The bill having received the requisite constitutional majoritYJ was passed by subst1tute,as amended.

Mr. Harris of Richmond moved that the bill be 1mmediately transmitted to the Senate,and on the motion no quorum voted thereon.

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

Leaves of absence were granted to Messrs. Edwards of Stephens,and Davis of Troup.

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

un>. THuRsDAY, FEBRCARY 11,

1071

Representative Hall, Atlanta, Ga.

Thursday, February 14, 1935.

The House met pursuant to adjournment this day at 10:00 o'clock, A.M., was called to order by the Speaker, and prayer was offered by Dr. W.H. Faust.

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

Adams

Camp

Edwards of Ste-

Allen

Campbell

phens

Almand of Fulton Caswell

Ennis

Almand of Walton Claxton of Cam- Etheridge

Anderson

den

Felton

Ansley of DeKalb Claxton of John- Flynt

Ansley of Lee son

Fowler

Arnall

Clements of Gal- Freeman of Bibb

Atwood

houn

Freeman of Early

Bannister

Clements of

Gammage

Bargeron

Wheeler

Gardner

Barnard

Cobb

Garrett

Barrett

Cohen

Gavin

Batchelor

Coleman

Gilbert

Bennett

Coxon

Gnann

Benton

Culpepper of Ec- Goolsby

Bond

hols

Grayson

Booth

Culpepper of Fay- Green

Bowden

ette

Griffin of Decatur

Black

Darnell

Griffin of Floyd

Bland

Daughtry

Groover

Blease

Davis of Troup Groves

Bloodworth

Deal

Guess

Bradley

Dean

Hammock

Brinson

DeLoach

Hampton

Brisendine

Dobbins

Hand

Brooks

Dorris

Harris

Brown of Glynn Douglass

Harrison

Brown of Greene Durden

Hartsfield

Brown of Pike Dyer

Herndon

Burgin

Edwards of

Head

Bush

Lowndes

Hefner

1072

JouRNAL OF THE HousE,

Henderson

Milam

Scruggs

Hogan

Mills

Settle

Hogg

Minchew

Shedd

Holland Hooke Horton Houston

Mitchell mar Mitchell iaferro

of of

LaTal-

Shirah Smith of Smith of Spivey

Madison Webster

Howard of Chattahoochee
Howard of Screv-

Moore Moore
son

of of

Clayton Haral-

Standard Stephens Sutton

en Jackson of Blackley Jackson of Hab-
ersham Joel Johnson Johnston Jones of Brant-
ley Jones of Lump-

Morris Moye Mundy Musgrove Neal Newby Oden Parham Parker of Col-
quitt Parker of Union

Swindle Teasley Terrell of Hall Terrell of Troup Terrell of Warren Thompson Thrasher Tipton Toms Townsend Twitty

kin Kelley Lanier

Parks Parr Patten of Cook

Warnell Watkins Watson

Lee

Patten of Tift

Leonard of Mus- Peebles

cogee

Peek

Leonard of Walk- Perry

er

Peters

Lewallen

Pound

Lewis

Preston of Bul-

Lindsay

loch

McBride

Preston of Wal-

McCracken

ton

McCranie

Ramsey

McCutchen

Rawlins

McGraw

Ray

McKelvey

Reagan

McNall

Ross

Mallory

Sabados

Mann

Salter

Manning

Sammon

Marshall

Sartain

Martin

Saunders

Weathers Weeks Welsch West Whaley Whitmire Williams of Bacon Williams of Coffee Williams of Jackson Williams of Jones Willingham Wilson Woods Wrench Young Zellner Mr. Speaker.

<5IDSee Appendix,Volwne I,for absentees.

1073
Mr. Settle of Butts 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.
Mr. Benton of Jasper arose to a question of personal privilege and addressed the House.
Mr. Hammock of Randolph arose to a question of personal privilege and addressed the House.
Mr. Sabados of Dougherty arose to a question of personal privilege and addressed the House.
Mr. Edwards of Lowndes arose to a question of personal privilege and addressed the House.
Mr. Lindsay of DeKalb,Acting-Chainman 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 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 bills and resolutions under the Rules of the House. 2. Reports of Standing Committees. 3. Second reading of bills and resolutions favorably reported. 4. Third reading and passage of local uncontested House and Senate Bills. 5. First reading and reference of Senate bills and resolutions. The following message was received from the Senate through Mr. Hammond, the Secretary thereof:

1074

JouRNAL OF THE HousE,

Mr. Speaker: The Senate has passed by the requisite constitu-
tional majority the following bills and resolutions of the Senate,to wit: By senator Duncan of the 23rd District and Senator Carswell of the 21st District.
Senate Bill No. 71. A bill to increase mileage of State Aid Road System on state route 11, and for other purposes. By Senator Millican of the 35th District.
Senate Bill No. 77. A bill to repeal an Act approved October 17, 1923, pertaining to the retiring of bonds, and for other purposes. By Senator Redwine of the 26th District.
Senate Bill No. 81. A bill to permit building and loan associations to accept the advantages under the Home Owners Loan Act of 1933 as passed.by Congress, and for other purposes. By Senator Larsen of the 16th District.
Senate Bill No. 147. A bill providing for the salary of the Solicitor-General of the Dublin Judicial Circuit, and for other purposes. By Senator Evans of the 29th District.
Senate Resolution No. 59. A resolution to designate state highway route 10 and 8 by naming it the Thomas E. Watson Highway.
The following message was received from the Senate
through Mr. Hammond, the Secretary thereof:
Mr. Speaker: The Senate has passed by the requisite constitu-
tional majority the following bill ot the House to
wit: By Messrs. Preston and Deal of Bulloch.
House Bill No. 284. A bill to be entitled an Act

THURSDAY, FEBRUARY 11, 193:-i.

1075

to abolish the fee system now existing in the Superior Courts of the Ogeechee Judicial Circuit ,and for other purposes.
The following message was received from the Senate through Mr. Hammond,the Secretary thereof: Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate,to wit: By Senator Dennis of the 28th District.
Senate Bill No. 55. A bill amending Title 58 of the Code of Georgia of 1933 by fixing the speed limit of motor vehicles,and fol 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. Campbell of Newton.
House Bill No. 643. A bill to be entitled an Act to regulate the construction of trucks and busses used,leased,owned or purchased for transportation of school children,and for other purposes.
Referred to Committee on Motor Vehicles. By Mr. Whaley of Telfair.
House Bill No. 644. A bill to be entitled an Act to amend the Traylor-Neil Act so as to include a road in Dodge and Telfair Counties,and for other purposes.
Referred to Committee on Public Highways No. 2. By Mr. Jackson of Habersham.
House Bill No. 645. A bill to be entitled an Act to amend an Act incorporating the City of Cornelia, and for other purposes.
Referred to Committee on Municipal Government.

1076

JouRNAL or THE HousE,

By Messrs. West and Terrell of Hall. House Bill No. 646. A bill to be entitled an Act
to amend section 45-206 of Chapter 45-2 of 1933 Code, to exempt citizens of certain counties from purchasing hunting license, and for otller purposes.
Referred to Committee on Game and Fish. By Mr.Terrell of Troup.
House Bill No. 647. A bill to be entitled an Act to amend the banking Act so as to provide stock holders liabilities,and for other purposes.
Referred to Committee on Banks and Banking. By ~~. Brisendine of Peach.
House Bill No. 648. A bill to be entitled an Act to amend the Traylor-Neill Act,so as to include a road in Peach and Taylor Counties, and for other purposes.
Referred to Committee on Public Highways No.2. By Messrs. Jones of Brantley and Claxton of Calliden.
House Bill No. 649. A bill to be entitled an Act to amend Traylor-Neill Act,so as to include a road in Brantley and Camden Counties,and for other purposes.
Referred to Committee on Public Highways No.2. By Messrs.Rivers of Lanier,Townsend of Dade and Head of Catoosa.
House Bill No. 650. A bill to be entitled an Act to prohibit the sale of real estate under executio~ power of sale or other process where the title is ln dispute,or is defective,and for other purposes.
Referred to Committee on General Judiciary No.2.
By ~Iessrs .Guess ,Ansley and Lindsay of DeKalb. House Bill No. 651. A bill to be entitled an Act
to more clearly define the powers and duties of county boards of tax assessors in certain counties, and for other purposes.
Referred to Committee on Counties and County Matters.

THt:RSDAY, FEBRl .\RY 11, l!t:l.-l.

1077

By Mr. Parker of Colquitt. House Bill No. 652. A bill to be entitled an Act
to amend an Act approved Aug. 17, 1920, by reducing the interest rate on small loans from 3t% to lt% per month,and tor other purposes.
Referred to Committee on General Judiciary No. 1. By Mr. Bradley of Tattnall.
House Bill No. 653. A bill to be entitled an Act to fix the rights and powers of Sheriffs in certain counties,so as to give Sheriffs the right to go from one county to another to make arrests, and for other purposes.
Referred to Committee on Counties and County Matters. By Mr. Bradley of Tattnall.
House Bill No. 654. A bill to be entitled an Act to amend an Act providing for the trial of insane persons; to provide a fee for the Sheriff,and for other purposes.
Referred to Committee on Counties and County Matters. By Mr. Bradley of Tattnall.
House Bill No. 655. A bill to be entitled an Act to provide for the payment of Sheriffs and Clerks fees in felony cases,in certain counties,and for other purposes.
Referred to Committee on Counties and County Matters. By Messrs. Hand of Mitchell and Groves of Lincoln.
House Bill No. 656. A bill to be entitled an Act to amend Section 84-402, Chapter 84-4 of 1933 Code, so as to provide that same shall not apply to certain counties,and for other purposes.
Referred to Committee on Hygiene and Sanitation.

1078

JouRNAL oF THE HousE,

By Mi. Shedd of Wayne. House Bill No. 657. A bill to be entitled an Act
to vest in Judges of the Superior Court the granting of deficiency judgments in all suits for foreclosure of mortgage,deeds to secure debts or other contracts for sale of real estate, and for other purposes.
Referred to Committee on General Judiciary No. 1. By Mr. Joel of Clarke.
House Bill No. 658. A bill to be entitled an Act to require candidates for General Assembly in primary elections in certain counties, to designate the candidate they oppose,and for other purposes.
Referred to Committee on Special Judiciary. By Mr. Almand of F'ulton.
House Resolution No. l47-658a. A resolution to reimburse Mrs. Claudia Buchanan $500.00 on bond forfeiture in Fulton County, and for other purposes.
Referred to Committee on Special Judiciary. Mr. Culpepper of Fayette County, Chairman of the Committee on General Appropriations, submitted the following report: Mr. Speaker: Your Committee on Appropriations have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendation: House Bill No. 240, do pass, as amended.
Respectfully submitted, Culpepper of Fayette, Chairman.
Mr. Culpepper of Fayette County, Chairman of the Committee on Appropr1at1ons,subm1tted the following report:

THCRSDAY, FEilR\ .\RY 11, ]q::.-).

1079

1'1r. speaker: Your C.ormni ttee on Appropriations have had under
consideration the following bills of the House and have instructed me as Chairman,to report the same back to the House with the following recommendations:
House Bill No.237, do not pass. House Bill No.238, do pass by substitute.
Respectfully submitted, Culpepper of Fayette, Chairman.
l"Ir.Brown of Gl.ynr). County,Chairman of the Committee on Counties and County I1atters,submitted the following report: I1r .Speaker:
Yotrr Committee on Counties and County Matters have had under consideration the following bills and resolution of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 528, do pass. House Bill No. 500, do pass. House Bill No. 527, do pass. House Bill No. 522, do pass. House Bill No. 515, do pass. House Bill No. 514, do pass. House Bill No. 521, do pass. House Bill No. 518, do pass. House Bill No. 519, do pass. House Bill No. 592, do pass. House Bill No. 591, do pass. House Bill No. 589, do pass. House Bill No. 586, do pass. House Bill No. 618, do pass. House Bill No. 630, do pass. House Bill No. 636, do pass. House Bill No. 638, do pass. House Bill No. 309, do pass. House Resolution No. 137-622a, do pass. House Bill No. 508, do pass. House Bill No. 387, do pass. House Bill No. 498, do pass.

1080

JouRNAL OF THE HousE,

House Bill No. 502, do pass. House Bill No. 504, do pass.
Respectfully submitted, BroMl of Glynn, Chairman.
Mr. Dobbins of Morgan County, Chairman of the Committee on Insurance,submitted the following report: Mr. Speaker:
Your Committee on Insurance have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendation:
House Bill No. 489,do pass,by substitute. Respectfully submitted, Dobbins of Morgan, Chairman.
Mr. Teasley of Cherokee County, Chairman of the Comm1 ttee on l1anufactures, submitted the following report: Mr. Speaker:
Your Committee on I'Ianufactures have had under consideration the following bill of. the House and have instructed me as Ch9-irrnan,to report the same back to the House with the following recommendation:
House Bill No. 557, do pass, as m1ended. Respectfully subntitte,:, Teasley of Cherokee, Chairman.
Mr. Clements of 1:Jheeler County, Chairman of the Committee on Municipal Government, submitted the following report:

THt:RsoAY, FEBR\':\RY 11, J~u.-,.

1081

Mr. Speaker:
Your Committee on Municipal Government have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 610, do pass. House Bill No. 613, do pass. House Bill No. 623, do pass.
Respectfully submitted, Clements of Wheeler, Chairman.
Mr. Musgrove of Clinch County, Chairman of the
Committee on Public Highways No. 2, submitted the following report:
Mr. Speaker:
Your Committee on Public Highways No. 2, have had under consideration the following bills and/or resolutions of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
House Resolution '[ITo .45-270c ,do pass by substitute. House Bill No. 285, do pass by substitute. House Bill No. 311, do pass. House Resolution No. 67-350a, do pass. House Bill No. 386, do pass by substitute. House Bill No. 421, do pass by substitute. House Bill No. 434, do pass by substitute. House Bill No. 462, do pass. House Bill No. 463, do pass. House Bill No. 555, do pass by substitute. House Bill No. 559, do pass by substitute. House Bill No. 572, do pass. House Bill No. 593, do pass by substitute. House Bill No. 544, do not pass.
Respectfully submitted, Musgrove of Clinch, Chairman.

1082

JouRNAL or THE HousE,

Mr. Grayson of Chatham County, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

House House

Bill Bill

No. No.

3597~,

do pass. do pass.

House Bill No. 335, do pass by substitute.

Respectfully submitted, Grayson of Chatham~ Chairman.

Mr. Edwards of Lowndes County, Chairman of the Committee on State of Republic, submitted the following report:

Mr. Speaker:

Your Committee on State of Republic have had under consideration the following bills of the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
Senate Bill No. 48, do pass.
Respectfully submitted, Edwards of Lowndes, Chairman.

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

By l1essrs. Arnall and Dyer of Coweta. House Bill No. 37. A bill to be entitled an Act
to amend ParagraphS 1 and 2,Section 15, Article 6 of Constitution so as to provide for granting of divorces by Judge of Superior Court in cases not involving property rights,and for other purposes.

TmRSDAY, FEBRL'ARY 11, 1!!.1.>.

1083

By senators Scott of the 7th District and Lester of the 18th District.
senate Bill No. 48. A bill to be entitled an Act to amend the Code of Georgia of 1933,by providing for a State Board of Accountancy,and for other purposes. By Mr.whaley of Telfair.
House Bill No. 238. A bill to be entitled an Act to provide for refunding the State obligations to the University System,and for other purposes. By Mr. Culpepper of Fayette.
House Bill No. 240. A bill to be entitled an Act to make appropriations for the operation of the State Government,and for other purposes.
By Messrs. Hogg of Schley and Horton and Young of Sumter.
House Resolution No. 45-270c. A resolution to require the Highway Board to add mileage by adding a road in Schiey and Sumta~ Counties,and for other purposes.
By Messrs. Hammock of Randolph, Clements of Calhoun and Gammage of Terrell.
House Bill No. 285. A bill to be entitled an Act amending Section 95-1711 by adding a road in Randolph and Calhoun Counties to the State Aid Road System, and for other purposes.
By Messrs.Stephens and Hogan of Laurens. House Bill No. 309. A bill to be entitled an Act
to amend an Act creating the Board of County Commissioners of Laurens County, and for other purposes.
By Messrs. Edwards and Coleman of Lowndes. House Bill No. 311. A bill to be entitled an Act
to authorize State Highway Department to pave road at Woman's College at Valdosta, and for other purposes.
By Mr.Joel of Clarke. House Bill No. 335. A bill to be entitled an Act
to amend Section 67-2002 of Chapter 67-20 so as to

1084

JouRNAL oF THE HousE,

provide that persons desiring to create materialman's or mechanics lien to give notice of same,and for other purposes. By Messrs. Horton and Young of Sumter,and others.
House Resolution No. 67-350a. A resolution authorizing State Highway Department to add to State Aid Road System,a road in Sumter County,and for other purposes. By Messrs. McKelvey and Sammon of Gwinnett,and others.
House Bill No. 386. A bill to be entitled an Act to increase the mileage of the State Aid Road System by adding a road in Forsyth County,and for other purposes. By Mr. Wrench of Charlton.
House Bill No. 387. A bill to be entitled an Act to repeal an Act creating the Board of County Commissioners of Charlton County,and for other purposes. By Messrs. Bloodworth,Freeman and Bowden of Bibb, and others.
House Bill No. 421. A bill to be entitled an Act to increase the mileage of the State Aid Road System by adding a road in Butts,Monroe and Bibb Counties,and for other purposes. By Messrs. West and Terrell of Hall and Whitmire of Dawson.
House Bill No. 434. A bill to be entitled an Act to increase the mileage of the State Aid Road System by adding a road in Hall County,and for other purposes. By Mr. Musgrove of Clinch.
House Bill No. 462. A bill to be entitled an Act to amend an Act so that the State Highway Board shall have the supervision of all State Aid Roads, and for other purposes. By Mr. Musgrove of Clinch.
House Bill No. 463. A bill to be entitled an Act

THURSDAY, FEBRUARY 11, l~JT).

1085

to amend Chapter 36-11 of 1933 Code by adding new sections,and for other purposes. By Mr. Johnson of Seminole.
House Bill No. 489. A bill to be entitled an Act to amend Chapter 92-25 of 1933 Code to increase tax on insurance companies,on premiums from li% to 2-l/4%,and for other purposes. By Mr. McBride of Montgomery.
House Bill No. 498. A bill to be entitled an Act to abolish the offices of tax receiver and tax collector of Montgomery County and to create the office of tax comm1ssioner,and for other purposes. By Messrs. Hartsfield, Almand and Ramsey.
House Bill No. 500. A bill to be entitled an Act to provide for the filling of vacancies,in certain counties in Fulton County,in case of death or resignation,and for other purposes. By Mr. Bush of Miller.
House Bill No. 502. A bill to be entitled an Act to fix the amount of bond of the Sheriff of Miller County,and for other purposes. By Mr. Teasley of Cherokee.
House Bill No. 504. A bill to be entitled an Act to amend Section 95-802 of 1922 Code,so as to exempt certain persons in certain counties from payment of commutation taxes,and for other purposes. By Messrs.Preston of Haltonand Dobbins of Morgan.
House Bill No. 508. A bill to be entitled an Act to authorize agencies of the Federal Government to purchase lands for parks in certain counties,and for other purposes. By Messrs. Parker and Shirah of Colquitt.
House Bill No. 514. A bill to be entitled an Act to repeal an Act creating the offices of tax commissioner and assistant tax commissioner of Colquitt County,and for other purposes.

1086

JouRNAL OF THE HousE,

By Messrs. Parker and Shirah of Colquitt. House Bill No. 515. A bill to be entitled an Act
to repeal an Act abolishing the offices or tax receiver and tax collector or Colquitt County,and tor other purposes. By Messrs. ParKer and Shirah of Colquitt.
House Bill No. 518. A bill to De entitled an Act to create the office of tax collector of Colquitt County,and for other purposes. By Messrs. Parker and Shirah of Colquitt.
House Bill No. 519. A bill to be entitled an Act to create the office of tax receiver of Colquitt County,and for other purposes. By Mr. McBride of Montgomery.
House Bill No. 521. A bill to be entitled an Act to repeal an Act creating the Board of Commissioners of Montgomery County,and for other purposes. By Mr. McBride of Montgomery.
House Bill No. 522. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenue for Montgomery County, and for other purposes. By Mr. Daughtry of Wilkinson.
House Bill No. 527. A.bill to be entitled an Act to reduce the official bond of the Sheriff of Wilkinson County,and for other purposes. By Mr. Ray of Appling.
House Bill No. 528. A bill to be entitled an Act to reduce the official bond of the Sheriff of Appling County,and for other purposes. By Messrs. Williams of Jones, Daughtry of Wilkinson and Bloodworth of Bibb.
House Bill No. 555. A bill to be entitled an Act to increase the mileage of State Aid Road System by adding a road in Jones and Wilkinson Counties,and for other purposes.

THURSDAY, FEBRUARY 11, 1935.

1087

By Messrs. Cohen of Chatham and Weathers of Jenkins. House Bill No. 557. A bill to be entitled an Act
authorizing the appointment of a commission for the business of manufacturing and selling products from the forest and clays of Georgia,and for other purposes. By Messrs. Terrell,Davis and Groover of Troup.
House Bill No. 559. A bill to be entitled an Act to increase the mileage of the State Aid Road System by adding a road in Troup and Heard Counties,and for other purposes. By Mr. Culpepper of Echols.
House Bill No. 586. A bill to be entitled an Act to require that all persons employed by and paid from public funds of Echols County shall be residents of said county,and for other purposes. By Mr. Culpepper of Echols.
House Bill No. 587. A bill to be entitled an Act to require the county commissioners of Echols County to give bond,and for other purposes. By Mr. Caswell of Liberty.
House Bill No. 591. A bill to be entitled an Act to create the Board of Commissioners for Liberty County,and for other purposes. By Mr. Caswell of Liberty.
House Bill No. 592. A bill to be entitled an Act to repeal an Act creating a Board of Commissioners of Roads and Revenues of Liberty County,and for other purposes. By Messrs. Claxton of Johnson,Spivey of Emanuel and others.
House Bill No. 593. A bill to be entitled an Act to increase mileage of State Aid Road System by adding a road in Johnson and Emanuel Counties,and for other purposes. By Messrs. Twitty and Bennett of ware.
House Bill No. 572. A bill to be entitled an Act

1088

JouRNAL oF THE HousE,

tgoivaemSentdateanaAutcht oarpiptyrovtoedaAllougwustthe17u,1.s9.29G,soovearnsmteont
to acquire lands in Okefenokee Swamp,and tor other purposes. By Mr. Sutton of Wilkes and others.
House Bill No. 595. A bill to be entitled an Act to regulate collection and commercial agencies,and for other purposes. By Mr. Caswell of Liberty.
House Bill No. 610. A bill to be entitled an Act to create a new charter for the City or Hinesville, and !or other purposes. By Messrs. Hartsfield,Ramsey and Almand or Fulton.
House Bill No. 613. A bill to be entitled an Act to amend an Act incorporating Union City,and for other purposes. By Mr. Minchew of Atkinson.
House Bill No. 618. A bill to be entitled an Act to reduce the bond of the Sheriff or Atkinson County, and for other purposes. By Mr. McCutchen of Whitfield.
House Resolution No.l37-622a. A resolution au-thorizing Catoosa County to pay David Shahan the amount collected on a criminal bond,and for other purposes. By Messrs. Sartain and Leonard of Walker.
House Bill No. 623. A bill to be entitled an Act to amend an Act incorporating the City of Rossville, and for other purposes. By Messrs. Stephens and Hogan of Laurens.
House Bill No. 630. A bill to be entitled an Act to change the number of terms of Superior Court in Laurens County,and for other purposes. By Messrs. Bloodworth,Bowden and Freeman of Bibb.
House Bill No. 636. A bill to be entitled an Act to amend an Act shown by Acts of 1929,pages 479-80

THURSDAY, FEBRUARY 11, 19:~5.

1089

so as to provide that stenographic reporters shall be ex-officio Court Commissioners,and for other purposes.

By Messrs. Parker and Shirah of Colquitt. House Bill No. 638. A bill to be entitled an Act
to repeal Section 695, Vol. 1 or Code relating to road taxes in certain counties,so as to eliminate Colquitt County,and tor other purposes.

By unanimous consent, the following bills or the

House and Senate were read the third time,and placed

upon their passage:



By Senator Millican of the 35th District. Senate Bill No. 100. A bill to be entitled an Act
to amend an Act,authorizing group insurance tor employees ot the City of Atlanta,and for other purposes.

The report or the Committee,whichwas favorable to the passage of the bill, was agreed to.

On the passage of the blll,the ayes were 110,
nays o.

The bill having received the requisite constitutional majority was passed.

By Mr. Bush of Miller. House Bill No. 452. A bill to be entitled an Act
to abolish the City Court of Miller County,and for other purposes.

The report or the Committee,which was favorable to the passage or the bill,was agreed to.

On nays

oth. e

passage

or

the

bill,the

ayes

were

103,

The bill having received the requisite constitutional majority was passed.

1090

JouRNAL or THE HousE,

By Mr. Bush of Miller. House Bill No. 453. A bill to be entitled an Act
to establish 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.

On nays

toh. e

passage

of

the

bill,the

ayes

were

104,

The bill having received the requisite constitutional majority was passed.

By Messrs. Groves of Lincoln and Zellner of Monroe. House Bill No. 456. A bill to be entitled an Act
to provide for the use of wire baskets and seines for fishing in the waters of Lincoln and Monroe Counties,and for other purposes.

The following Committee amendment to House Bill No. 456 was read and adopted:

The Committee amends the caption of House Bill No. 456 by striking out the words "during the months of June,July, August and September",and substituting therefor the following: "from July 15th to September 1st", so that the caption so amended shall read as follows:

"A bill to be entitled an Act to provide for the use of wire baskets and seines for fishing in the waters of Lincoln and Monroe Counties,Georgia,and to provide that seining in the streams of Lincoln and Monroe Counties,Georgia,shall be permitted by the citizens from July 15th to September 1st of each year".

2. The Corrmctttee amends Section 2 of House Bill No. 456 by striking out the words "during the months of June,July,August and September" and substituting therefor the following: "from July 15th to September 1st", so that Section 2 so amended shall read as follows:

THURSDAY, FEBRCARY 11, t9:b.

1091

"Section 2. Be it further enacted by the authority aforesaid that seining in the streams of Lincoln and Monroe Counties,Georgia,from July 15th to September ls.t of each year by the citizens of said counties shall be permissible and lawful".

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

On the 105,nays

op.assage

of

the

bill,as

amended,the

ayes

were

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

By Mr. Ross of .Dodge. House Bill No. 564. A bill to be entitled an Act
to amend an Act creating a new charter for the City of Eastman,and for other purposes.

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

On nays

toh. e

passage

of

the

bill,the

ayes

were

106,

The bill having received the requisite constitutional majority was passed.

By Mr. Sutton of Wilkes. House Bill No. 596. A bill to be entitled an Act
to amend an Act creating a county depository for Wilkes county,and for other purposes.

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

On
nays

toh. e

passage

of

the

bill,the

ayes

were

107,

The bill having received the requisite constitu-

tional majority was passed.

By Messrs. Terrell, Davis and Groover of Troup. House Bill No. 604. A bill to be entitled an Act

1092

JouRNAL OF THE HousE,

to amend an Act creating the City Court of LaGrange, and for other purposes.

The report 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
o.

The bill having received the requisite constitutional majority was passed.

By Mr. Kelley of Elbert. House Bill No. 608. A bill to be entitled an Act
to amend an Act amending the Charter or the City of Elberton,and for other purposes.

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

On nays

ot h. e

passage

of

the

bill,the

ayes

were

109,

The bill having received the requisite constitutional majority was passed.

By Mr. Henderson of Irwin. House Bill No. 609. A bill to be entitled an Act
to amend an Act incorporating the City o! Ocilla, and for other purposes.

The report or the Committee,which was favorable to the passage or the bill,was agreed to.

On nays

ot h. e

passage

of

the

bill,the

ayes

were

109,

The bill having received the requisite constitutional majority was passed.

By unanimous consent,the following bills and resolutions of the Senate were read the !1rst t1me,and referred to the Committees:

THURSDAY, FEBRUARY 11, 1935.

1093

By Senator Millican of the 35th District. Senate Bill No. 14. A bill to be entitled an Act
proposing to the qualified voters of Georgia an Amendment to Article III Section II of the Constitution cf Georgia creating a new Senatorial Dist. to be composed of the County of Fulton,and for other purposes.
Referred to Committee on Amendment to Constitution No. 2. By Senator Lester of the 18th District.
Senate Resolution No. 25. A resolution to relieve the Roman Catholic Society in the City of Augusta, and for other purposes.
Referred to Committee on Ways and Means. By Senator Crawford of the 42nd District.
Senate Resolution No. 40. A resolution authorizing the State Librarian to furnish the Crdinary of Chattooga County copy of the 1933 Code of Georgia,and for other purposes.
Referred to Committee on Public Library. By Senator Evans of the 29th District.
Senate Resolution No. 43. A resolution authorizing the State Library to furnish the Superior Court Room of McDuffie County a copy of the 1933 Code of Georgia,and for other purposes.
Referred to Committee on Public Library. By Senator Dennis of the 28th District.
Senate Bill No. 55. A bill to be entitled an Act to amend the Code of Georgia by increasing the speed limit for motor vehicles with a combined weight of load of a certain amount,and for other purposes.
Referred to Committee on Motor Vehicles. By Senator Pope of the 15th District.
Senate Bill No. 69. A bill to be entitled an Act

1094

JouRNAL oF THE HousE,

to amend an Act approved August l8th1 1919, to provide-for rules of eligibility for applicants for disabled veteran's license,and for other purposes.
Referred to Committee on Hays and Means. By Senators Duncan of the 23rd District and Carswell of the 21st District.
Senate Bill No. 71. A bill to be entitled an Act to increase the mileage of the State-Aid Road System by the addition thereto of a highwa~r beginning at the City of Perry,and thence in a northeasterly direction to Jeffersonville,and for other purposes.
Referred to Committee on Public Highways No. 2. By Senator Millican of the 35th District.
Senate Bill No. 77. A bill to be entitled an Act to repeal an Act approved October 17th, 1923 providing that where municipality invests its sinking fund in bonds issued by itself,such bonds shall be retired and shall no longer constitute an indebtedness of the municipality,and for other purposes.
Referred to Committee on Municipal Government. By Senator Redwine of the 26th District.
Senate Bill No. 81. A bill to be entitled an Act to permit Building and Loan Associations to accept advantages offered under the Home Owners' Loan Act of 1933 as passed by the Congress of the United States;and for other purposes.
Referred to Committee on Special Judiciary. By Senator Almon of the 37th District.
Senate Bill No. 89. A bill to be entitled an Act to vest in the tax-collector of certain counties having a certain population,all the powers of the sheriffs of the State,and for other purposes.
Referred to Committee on Counties and County Matters.

THURSDAY, FEBRUARY lt, 1~35.

1095

By Senator Milhollin of the 46th District. senate Bill No. 116. A bill to be entitled an Act
to amend an Act providing for the appointment and election of a Board or Commissioners or Roads and Revenues tor the county of Coftee;and tor other purposes.
Referred to committee on Counties and County Matters. By Senator Smith of the 24th District.
Senate Bill No. 139. A bill to be entitled an Act to amend the Charter or the City or Columbus;to abolish the offices or Mayor and Board or Aldermen, and tor other purposes.
Referred to Committee on Municipal Government.
By Senator Larsen of the 16th District. Senate Bill No. 147. A bill to be entitled an Act
to provide a salary tor the Solicitor-General or the. Dublin Judicial Circu1t,and tor other purposes.
Referred to Committee on Counties and County Matters.
By Senator Chappell or the 13th District. Senate Resolution No. 42. A resolution proposing
to the General Assembly that the State Librarian be authorized to complete the sets or Supreme Court Reports and Park's Annotated Code in the offices or the Judges or the Superior Court or certain counties, and for other purposes.
Referred to Committee on Public Library.
By Senator Evans of the 29th District. Senate Resolution No. 59. A resolution to desig-
nate Route 10 and 8, and tor other purposes.
Referred to Committee on Public Highways No. 1.
The following resolutions or the House and Senate were read and adopted:

1096

JouRNAL OF THE HousE,

By Senator Chappell of the 13th District. Senate Resolution No. 57. A resolution requesting
the Georgia Public Service Commission to institute appropriate proceedings to require the Georgia Power Company to furnish electrical service to the Town of Andersonville,and !or other purposes. By Messrs. Watson of Paulding and Harris of Richmond.
House Resolution No. 148. A resolution-Whereas there are certain bills pending in our national Congress designed to ~elieve the present emergency in regard to relief measures,and
Whereas it will be necessary for this State to pass parallel and permissive legislation in order to enable Georgia to receive her proportionate share of these benefits that will be granted,
Be it resolved by the House, that the Speaker of the House appoint a Committee consisting of three members of the House,including himsel!,to go to Washington and seek information in regard to these bills. That said Committee proceed at once and bring back to this body bills designed to meet the requirements of the aforesaid national legislation,to be enacted during this session of the General Assembly. That members be allowed the regular mileage as is allowed a traveling committee and no additional compensation be granted.
Be it further resolved that said Committee is also authorized to investigate the relief activities in the State of Georgia and to report its findings back to the House,and said Committee is hereby authorized to subpoena witnesses,and compel them to testify on oath,and to compel the production ofrecords, documents and papers necessary for said investigation, and shall have the right to have such investigation stenographically reported for the information of the House.
By unanimous consent,the following bill of the House was recommitted to the Committee on Banks and Banking:

THURSDAY, FEBRUARY 11, H)35.

1097

By Mr. Allen of Baldwin. House Bill No. 298. A bill to be entitled an Act
to amend the Banking Laws as Codified in the Code of 1933, defining the term "Bank", by excluding therefrom corporations chartered by the Superior Courts,and for other purposes.

The following resolution of the House was read:

By Mr. Joel of Clarke.

House Resolution No. 149. A resolution to extend

to Miss Frances Perkins,Secretary of Labor,an in-

vitation to address the House of Representatives,

and for other purposes.



Mr. Townsend of Dade moved to table the resolution,and the motion prevailed.

The resolution was tabled.

By unanimous consent,300 copies of House Bill No. 260, the General Appropriations Bill, were ordered printed.

The following message was received from His Excellency,Governor Eugene Talmadge:
February 14, 1935.

TO THE GENERAL ASSEMBLY OF GEORGIA: I am returning herewith certain acts to your body,
which have been vetoed for the following reasons: HOUSE BILL N0.255.
An Act to prohibit the assessment or collection of road tax in Baker County,and for other purposes.
I called on the Law Department of the State to give me a ruling as to the constitutionality of this Act,and am attaching copy of the Attorney General's rullng,whlch holds that this bill ls unconstitutional.

1098

JouRNAL or THE HousE,

HOUSE BILL NO. 224.

An Act to provide that no person,firm or corporation shall operate any dance hall,museum,etc.,in any county of a certain population without first obtaining the permission of the county authorities,and for other purposes.

The Law Department has ruled this bill to be unconstitutional. Attached hereto is copy of the ruling of the Attorney General.

HOUSE BILL NO. 152.

An Act to amend an Act changing certain officers from the fee to the salary system in counties of over 200,000 population,and for other purposes.

The title of this Act is misleading. The provisions

of the bill provide that the State pay $10,000.00

additional on the expense of collecting taxes in Ful-

ton pro

County. rata pa

At rt

p of

r

ese the

netx1

the pen

St ses

ate of

pays more than the collecting

her

agencies than the taxes received. I have had the Law

Department to examine this bill,and am attaching

copy of letter from the Attorney General,thoroughly

explaining the effect of this bill.

HOUSE BILL NO. 112.

An Act to authorize the tax collecting officials of Bryan County to collect delinquent taxes by levy and sale,and for other purposes.

The Law Department has ruled this Act unconstitutional. I am forwarding copy of the ruling of the Attorney General.

HOUSE BILL NO. 151.

An Act to provide for the payment of the fees of Justices of the Peace out of county funds in certain counties,and for other purposes.

THURSDAY, FEBRUARY 11, 193.J.

1099

This bill really refers to Fulton County. It provides that all criminal costs should be paid to the Justice of Peace and Constable out of the County treasury. The present general State law provides that these fees be paid out ot fines and forfeitures,or insolvent funds.
My reason for vetoing this bill is that it would be a source for indiscriminate prosecution to assess bills against the county treasury of Fulton County, which would have to be paid from tax levies. It is also contrary to the general state law. A copy of the ruling by the Attorney General is attached hereto.
HOUSE BILL NO. 226. An Act to authorize Boards of Education in all counties of the State having a population in excess of 200,000,to borrow money for the operation of schools,and for other purposes. This Act applies only to Fulton County. I have consulted the Law Department in reference to this Act, and am forwarding copy of their ruling to you,which speaks for itself. I cannot see the reason for giving counties the authority to anticipate the revenue before tax assessments are made,or before the tax levy is made. This is a power and authority which would enable them to force tax assessors and county commissioners to make large assessments and levies to meet what money they have already borrowed. This would mean only one thing: increased taxes on the people. I am attaching hereto copies of the rulings by the Law Department on each of the bills which I have vetoed,and making them a part of this message to the General Assembly.
Respectfully, EUGENE TALMADGE, Governor.

1100

JouRNAL OF THE HousE,

The following message was received from the Senate through Mr. Hammond,the Secretary thereof: Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following resolution ot the House,by substitute,to wit: By Mr. Watson of Paulding.
House Resolution No. 106. A resolution to author- . ize the Speaker and President to appoint a Committee to study the relief measures, and tor other purposes.
The President has appointed on the part of the Senate:
Senator Scott of the 7th district and Senator Lester of the 18th district.
Under the continuing order of business as established by the Cow~ittee on Rules on Tuesday,February, 12th, the following bill of the House was taken up for consideration and read again: By Messrs. Jackson ot Bleckley,Rivers ot Lanier,Arnall of Coweta,Blease ot Brooks,Hampton of Fannin, Howard of Screven,Lewallen 6f Banks,Preston ot Walton,Watkins of Oglethorpe,McCracken ot Jefferson, Williams of Coffee,Barrett of Richmond,Rawlins ot Ben Hill,Claxton of Johnson Lee of Pulaski,Parks or Union,Ray of Appling,Darneli of Pickens,Newby ot Dooly,Twitty of Ware,Edwards of Lowndes,Spivey of Emanuel,Harris of Richmond,Johnson ot Seminole,Townsend ot Dade,and Wilson ot Murray.
House Bill No. 163. A BILL: To provide for and to authorize the Commissioner of Agriculture to establish Farmers' Markets in this State and to authorize the Commissioner of Agriculture to make necessary rules and regulations to properly conduct such markets; to provide for embargoes; to provide tor prohibiting the sale ot vegetables,fruits,truck crops and other !arm crops found unfit tor food; to provide tor acquiring

THURSDAY, FEBRUARY H, 19:~5.

1101

necessary property tor the erection of necessary buildings and the improvement ot market sites,etc., tor the State,on which to conduct said markets,and tor other purposes.
BE It Enacted by the General Assembly of the State of Georgia and,It Is Hereby Enacted by Authority or the Same:
SECTION 1. On and after the passage of this Act,in addition to the powers and duties heretofore given to establish markets and prevent waste ot !arm products, it is further enacted that the Commissioner or Agriculture is authorized and directed to procure by purchase,lease,rent,gift,or otherwise,as in his discr.etion he may see tit, necessary market sites in this State on which to conduct farmer's markets.
SECTION 2. Be it further enacted that the Commissioner of Agriculture shall have authority,when a site has been acquired by purchase,lease,rent,gitt, or otherwise,to establish thereon a farmers' market, independent of and without the necessity of securing any permit from any municipality in which a site or sites may be located.
SECTION 3. Be it further enacted that the Commissioner of Agriculture is hereby authorized to make such rules and regulations as in his judgment may be necessary to properly conduct such farmers market or markets,both wholesale and retail. The Commissioner of Agriculture,through the Bureau of Markets,may provide experienced and competent persons to act as graders and classifiers on such markets. The Commissioner of Agriculture shall have authority to prescribe and designate reasonable grades and classes tor farm products,truck crops,truits and vegetables,and to enforce the same in all markets in the State.
SECTION 4. The Commissioner of Agriculture shall have the power and authority,in acquiring the sites for such market or markets and in conducting the same, to prescribe and collect reasonable charges to

1102

JouRNAL oF THE HousE,

pay the necessary cost of acquiring,operating,and maintaining such sites and markets; to erect the necessary buildings and to conduct said markets as provided by law and by this Act.
SECTION 5. It is further provided that whenever any farm products,fruits,vegetables,etc.,shall be found on any market in this State in such condition that they are unfit for food,it shall be the duty of the Food Inspector to forbid the same frombeing sold in this State,the same as is now done with other food and feeds. The Commissioner of Agriculture is hereby empowered to make and promulgate such rules and regulations as in his judgment may be necessary to best enforce the carrying out of all the provisions of this Act. Such rules and regulations shall be promulgated by being posted in a conspicuous place in each market established under this Act for a period of twenty-four hours,and when promulgated shall have the force and effect of Law. The Commissioner of Agriculture,through his authorized agents may eject from any such market,any person and his property refusing to comply with all the provisions of this Act and rules promulgated under it.
SECTION 6. It is further enacted that the Commissioner of Agriculture shall have authority not only to establish and promulgate necessary grades and classes of vegetables,fruits and truck crops,but to enforce them in all of the markets of the State. He shall have power to designate separate places on any market where fruits,vegetables and truck crops of the different classes and grades shall be handled and kept separate. The Commissioner of Agriculture is authorized to fix from time to time, as he may deem necessary, minimum prices,on the different grades and classes,as herein provided for,and to enforce the same by not permitting anyone to sell any fruits,vegetables or truck crops within the bounds of any market established,at a lower price than the minimum price tixed by him.
SECTION 7. The Commissioner of Agriculture in carrying out the terms of this Bill shall,in addition

1103
to the power heretofore given him,have authority to inspect all fruits,vegetables and truck crops coming into Georgia markets or cffered for sale within the State. He shall hav~ power, and is hereby directed, in so far as is possible,to protect the Georgia growers and consumers of fruits,vegetables and truck crops by declaring an embargo on any fruit,vegetable or truck crop coming into this State when the supply of the same fruit,vegetable or truck crop grown in this State is ample for the markets of this State at this time.
SECTION 8. The Commissioner of Agriculture is authorized and directed,when in his judgment it shall be advisable and necessary to provide suitable means of communication between the Bureau of Markets and the farmers' market or markets established under this Act so as to facilitate the sale and exchange of farm products of all kinds.
SECTION 9. Should any section,paragraph,or provision of this Act be declared unconstitutional by the Courts,then it is hereby enacted that such court decision shall not be deemed or held or construed to nullify or repeal any other section,paragraph,or provision of this Act,but each section,paragraph,or provision not specifically held to be unconstitutional shall be held of full force and effect~
SECTION 10. Any person who shall violate any provision of this Act or any rule or regulation promulgated by the Commissioner of Agriculture,in accordance with the requirements of this Act, shall be guilty of a misdemeanor.
SECTION 11. All funds collected under the operation of this Act are hereby allocated to the Commissioner of Agriculture for the purpose of carrying out the provisions of this Act,and shall be deposited by the Commissioner of Agriculture with the State Treasurer in a separate fund to be paid out of warrants signed by the Governor,the same as other allocated funds of the State.

1104

JouRNAL oF THE HousE,

SECTION 12. In carrying out the provisions of this Act, the Commissioner of Agriculture shall,and is hereby authorized to use every division of the Department of Agriculture,including the Bureau of Markets,and to exercise powers heretofore granted in other laws to the Commissioner of Agriculture,the Department of Agriculture,and to any other subdivision of the Department of Agriculture,in addition to the powers and duties prescribed in this Act.
SECTION 13. Be it further enacted that all laws and parts or laws in conflict with this Act be,and the same are hereby repealed.
Mr. Sabados of Dougherty moved that the House resolve itself into the Committee of the Whole House !or the purpose or considering House Bill No. 163, with instructions to report same back to the House within thirty minutes.
Mr. Welsch or Cobb moved that further consideration of House Bill No. 163 be postponed until Monday,and that same be printed !or the use or the members or the House,and the motion was lost.
The motion to consider the bill in the Committee of the Whole House prevailed.
The House was resolved into the Committee of the Whole House !or the purpose of considering House Bill No. 163, and the Speaker designated Mr. Zellner of Monroe as the Chairman thereof.
The Committee of the Whole House arose and through its Chairman reported House Bill No. 163 back to the House with the recommendation that the same do pass, as amended.
The following amendments to House Bill No. 163 were adopted:
The Committee moves to amend House Bill No. 163 as follows: Amend Section 6, by adding after the word "state" in the fifth line and before the word "he"

THURSDAY, FEBRt:ARY 11, ]\);~;).

1105

in the fifth line the following: "Established under the provisions of this Act, not to exceed eight in number".

Amend Section 10, as follows: By adding after the word 11 shall'' in the first line and before the word "violate" in the first line the following: "Within the bounds of any market established under the provisions of this Act".

Amend Section 13 as follows: By adding a new section to read as foilows: "No provisions of this bill shall be construed to apply to any producer of this State who sells his own produce direct to the consumer,outside of the state markets established under this Act".

Mr. Cobb of Clarke moves to amend House Bill No. 163 by adding a new paragraph as follows- This Act shall not be construed as conferring the right of Eminent Domain upon the Commissioner of Agriculture.

Mr. Hartsfield of Fulton moves to amend by adding a new Section appropriately numbered as follows: Provided that any such market shall as to its location in any city be subject to any necessary or fair municipal zone laws,fire,or health regulations.

Mr. Watson of Paulding moved the previous question, and the motion prevailed.

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

On the passage of the bill,as amended,the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Almand of Fulton Ansley of DeKalb Ansley of Lee

Atwood Bannister Bargeron Barrett

Batchelor Bennett Benton Bond

1106

JouRNAL OF THE HousE,

Booth

Gardner

McCutchen

Black

Garrett

McGraw

Bland

Gavin

McKelvey

Blease

Gilbert

McNall

Bloodworth

Gnann

Mallory

Bradley

Goolsby

.Mann

Brinson

Grayson

1'1anning

Brisendine

Griffin of De- Milam

Brooks

catur

Mllls

Brovm of Pike

Groover

Minchew

Burgin

Groves

Mitchell of La-

Bush

Hammock

mar

Camp

Hand

Moore of Haral-

Campbell

Harris

son

Caswell

Harrison

Morris

Claxton of John- Hartsfield

Moye

son

Herndon

Yrundy

Clements of Cal- Head

Musgrove

houn

Hefner

Newby

Clements of

Henderson

Oden

Wheeler

Hogan

Parham

Cobb

Holland

Parker of Col-

Cohen

Hooks

quitt

Coleman

Howard of Screv- Parker of Union

Coxon

en

Parks

Culpepper of Ec- Jackson of Bleck- Parr

hols

ley

Patten of Cook

Culpepper of Fay- Jackson of Haber- Patten of Tift

ette

sham

Peebles

Darnell

Joel

Peek

Daughtry

Johnson

Perry

Deal

Jones of Brantley Peters

Dean

Kelley

Pound

Dobbins

Lanier

Preston of Bul-

Dorris

Lee

loch

Douglass

Leonard of Musco- Ramsey

Dyer

gee

Rawlins

Edwards of

Leonard of Walk- Ray

Lowndes

er

Ross

Ennis

Lewallen

Sabados

Etheridge

Lewis

Salter

Felton

Lindsay

Sannnon

Freeman of Early McCracken

Sartain

Gammage

McCranie

Scruggs

nu.-). 1 L THuRsDAY, FEBRL\RY

1107

Settle Shedd Shirah Smith of Madison Spivey Standard Stephens Sutton Swindle Teasley Terrell ot Hall Terrell ot Troup Terrell ot Warren

Thompson Thrasher Tipton Toms Townsend Twitty Warnell Watson Weathers Welsch West Whaley Whitmire

Williams of Bacon Williams of Cot-
fee Williams ot Jackson Williams of Jones Willingham Wilson Woods Wrench Young Zellner

Those voting in the negative were Messrs.: Davis of Troup Hampton
(5D See Appendix,Volwne I ,for those not voting.
By unanimous consent,the verification of the roll call was dispensed with.

On the passage of the bill,as amended,the ayes were 164, nays 2.

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

By unanimous consent,the bill was ordered immediately transmitted to the Senate.

The following resolution ot the House was taken up for the purpose of considering the Senate amendment thereto:

By Mr. watson of Paulding.
House Resolution No. 106. A resolution to authorize the Speaker and President to appoint a Committee to study the relief measures,and for other purposes.

The following Senate Substitute to House Resolution No. 106 was agreed to~

1108

JouRNAL oF THE HousE,

By the Senate: A RESOLUTION
Whereas, Congress is considering certain relief measures tor the purpose ot relieving the distressed condition of our people in the present emergency,and
Whereas,there are certain bills pending in Congress designed to relieve unemployment and provide tor other needs ot our people,and
Whereas, such measures will affect this State, Be it Resolved by the Senate,the House concurring, that a Committee of five (5) be appointed to go to Washington and secure information in regard to bills pending in Congress as well as the operation of organizations furnishing relief to the people of this State, two (2) members ot such Committee to be appointed by the President of the Senate from the members of such Senate,and three (3) members to be appointed by the Speaker of the House .from the members ot the House. The Committee shall not draw any compensation,but the actual expenses ot the members of such Committee in performance of their duties in pursuance with this resolution shall be paid. Be it further resolved,that said Committee is empowered to investigate the need of relief in this State and of organizations,persons,corporations ar individuals providing such relief at this time,and to submit a report to the General Assembly as soon as practical of its finding. The Committee is empowered to subpoena witnesses and compel such witnesses to test1ty under oath,and to do all things necessary in carrying out the intent and purpose ot this resolution. Under the provisions of House Resolutions Nos.l06 and 148, the Speaker appointed the following,as a Comm1ttee,to go to Washington to study relief measures and legislation affecting this State,and to investigate the relief activities in Georg1a,the

THURSDAY, FEBRUARY 11, 193:-i.

1109

following members of the House, on the part of the House:
Messrs. Watson of Paulding Harris of Richmond,and Rivers of Lanier.
Mr. Harris of Richmond moved that the House do now adjourn,and the motion prevailed.
Leaves of absence were granted to Messrs.Weathers of Jenkins,Claxton of Camden,T1pton of Thomas,Gnann of Eff1ngham,Ross of Dodge, McBride of Montgomery, and McCutchen of Whitfield.
The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

1110

JocR~AL OF THE HocsE,

Representative Hall,Atlanta,Georgia. Friday, February 15, 1935.
The House met pursuant to adjournment this day at 10:00 otclock,A.~.,was called to order by the Speaker and opened with prayer by the Chaplain.
By unanimous consent,the call of the roll was dispensed with.
Mr. Preston of Bulloch,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 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 bills and resolutions under the rules of the house. 2. Reports of Standing Committees. 3. Second reading of bills and resolutions favorably reported. 4. Third reading and passage of local uncontested House and Senate Bills. 5. First reading and reference of Senate Bills and Resolutions. By unanimous consent,the following bills and resolutions of the House were introduced,read the first time,and referred to the Committees: By Mr.:rarshall of !"lacon (By Request). House Bill No.659.A bill to be entitled an Act to create the off ice of Conrnissioner of Escheats and for other purposes. Referred to Committee on General Judiciary No.1.

FRIDAY, FEBRUARY 1.\ l!l3:J.

1111

By Mr.Marshall of Macon. House Bill No.660.A bill to be entitled an Act to
fix the amount of the bond of the Sheriff of Macon County,and for other purposes.
Referred to Committee on Counties and County Matters. By Mr.Dean of Rockdale.
House Bill No.66l.A bill to be entitled an Act to increase the mileage of the State Aid Road.System by adding a road in Rockdale and Clayton Counties, and forother purposes.
Referred to Committee on Public Highways No. 1. By Mr.Watson of Paulding.
House Bill No.662.A bill to be entitled an Act to prohibit certain persons from buying or selling to certain counties anything whatsoever,and for other purposes.
Referred to Committee on Special Judiciary. By Mr.McCranie of Dodge.
House Bill No.663. A bill to be entitled an Act to repeal the Act creating the City Court of Eastman, and for other purposes.
Referred to Committee on Special Judiciary. By Messrs. Zellner of Monroe and Mitchell. of Lamar.
House Bill No.664.A bill to be entitled an Act to increase the State Aid Road Sys.tem by adding a road in Lamar, Monroe and Jackson Counties,and for other purposes.
Referred to Committee on Public Highways No. 2. By Mr.Kelly of Elbert.
House Bill No.665. A bill to be entitled an Act to promote safety and efficiency in street railroad operations,and for other purposes.
Referred to Committee on Public Utilities.

1112

JouRNAL OF THE HousE,

By Messrs. Bannister and Tipton of Thomas. House Resolution No.l50-665a. A resolution to re-
lieve James Dixon as surety on bond in City Court of Thomasville,and for other purposes.
Referred to Committee on Special Judiciary. By Messrs.Tipton and Bannister of Thomas.
House Resolution No.l51-665b.A resolution Authorizing the State Librarian to furnish certain volumes to the Clerk of the SUperior Court or Thomas County, and for other purposes.
Referred to Committee on Public Library. By Messrs.Jackson of Bleckley,Williams or Bacon, Harris of Richmond, and others.
House Bill No.666.A bill to be entitled an Act to foster aviation and air ports in the State or Georgia, and for other purposes.
Referred to Corrmittee on Aviation. By Mr.Mallory of Twiggs.
House Bill No.667.A bill to be entitled an Act to make the roads appearing on the Neill-Traylor Highway map between pages 268 and 269 a part of the State Aid Road System,and for other purposes.
Referred to CoiTmittee on Public Highways No. 2. By Messrs.Black of Forsyth,Whitmire of Dawson and Jones of Lumpkin.
House Bill No.668.A bill to be entitled an Act to increase the mileage of State Aid Road sYStem by adding a road in ForsYth,Dawson and Lumpkin Counties,and for other purposes.
Referred to Committee on Public Highways No. 2. Mr.Whitmire of Dawson County,Chairman of the Committee on Academy for the Blind,submitted the following report:

FRIDAY, FEBRUARY 13, 1935.

1113

Mr.Speaker:

Your Committee on Academy for the Blind have had under consideration the following bill of the House and have instructed me as Chairman,to report the same back to the House with the following recommendation:
House Bill No. 474, do pass. Respectfully submitted, Whitmire of Dawson, Chairman.

Mr.Thompson of Muscogee County, Chairman of the Committee on Amendments to Constitution No.2, submitted the following report:

Mr. Speaker:

Your committee on Amendments to Constitution No.2 have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendation:

Senate Bill No. 14, do pass.

Respectfully submitted, Thompson of Muscogee, Chairman.

. Mr. Twitty of Ware County, Chairman of the Comm.i ttee

on Industrial Relations, submitted the following re-

port:



Mr.Spea.ker:

Your Committee on Industrial Relations have had

under consideration the following bill of the Sen-

ate and have same back to

ins the

t

ructed me a House with

stheChfaoirllmoawn11ntog

report the recommen-

dation:

Senate Bill No. 31 1 do pass as amended~ Respectfully submitted, Twitty of Ware, Chairman.

Mr.Grayson of Chatham County Chairman of the Committee on Special Judiciary,submitted the following report.

1114

JouRNAL oF THE HousE,

l1r. Speaker:

Your Committee on Special Judiciary have had under consideration the following bill of the Senate and have instructed me as Chairman,to report the same back to the House with the f o11ov1 .:..ng reconunendati on:

Senate

Bill

No.95 1

do

pass. Respectfully

submitted,

Grayson of Chatham,

Chairman.

Mr. Williams of Coffee County,Chairman of the Committee on Temperance,submitted the following report:

Mr. Speaker:

Your Committee on Temperance have haQ under consideration the following bills and resolution of the House and have instructed me as Chairman,to report the same back to the House with the following recommendations:

House Bills No.l41 and 140 do pass. House Resolution No. 38-239a, do pass. House Bill No.l44 1 do pass by substitute.
Respectfully submitted, Williams of Coffee, Chairn:an.

Mr.Spivey of Emanuel County,Chairman of the Committee on Ways and Means,submitted the following report:

Mr. Speaker:

Your Committee on Ways and Means have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

FRIDAY, FEBRt:ARY 1.\ 19:).).

1115

House Bill No. 305, do not pass. House Bill No. 306, do not pass.
Respectfully submitted, Spivey of Emanuel, Chairman.
By unanimous consent, the following bills and resolutions of the House and Senate,favorably reported, were read the second time: By Senator Millican of the 35th District.
Senate Bill No.l4.A bill to be entitled an Act proposing to the qualified voters of Georgia an amendment to the Constitution creating a new Senatorial District to be composed of the county of Fulton, and for other purposes. By Senator Lester of the 18th District.
Senate Bill No.3l.A bill to be entitled an Act to amend Title 114 (Workmen's Compensation) and Chapter 114-6 of the Code of 1933 by adding a new section requiring insurance companies and persons or corporations insuring the payment of compensation to employees to obtain permits from the Department of Industrial Relations,and for other purposes. By Senator Scott of the 7th District.
Senate Bill No.95.A bill to be entitled an Act to amend the Act creating the City Court of Thomasville, by fixing the salaries of the Judge and Solicitor,and for other purposes. By Mr. Dobbins of Morgan.
House Bill No.l40.A bill to be entitled an Act to repeal an Act fixing the license for retailing or vending spirituousor malt liquors in Iiorgan County, and for other purposes. By Y~. Dobbins of Morgan.
House Bill No.l4l.A bill to be entitled an Act to repeal an Act prohib1.ting the manufacture of spirituous or intoxicating liquors in Morgan County ,and for other purposes.

1116

JouRNAL or THE HousE,

By Messrs.Groves of Lincoln,Grayson of Chatham,Moore of Clayton, and others.
House Bill No.l44.A bill to be entitled an Act to legalize the manufacture,possession,transportation and sale of spirituous and alcoholic liquors,and for other purposes.

By Mr.Barrett of Richmond. House Resolution No.38-239a. A resolution request-
ing the Federal Alcohol Control Administration to amend its regulations permitting manufacturers and distillers of intoxicating liquors to apply for and obtain licenses to manufacture and distill liquors, and for other purposes.

By Mr.Whitmire of Dawson. House Bill No.474. A bill to be entitled an Act to
amend Section 35-703 and 35-705 so as to fix age limits of pupils in Academy for the Blind,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 Messrs.Grayson,McNall and Cohen of Chatham. House Resolution No.43-270a.A resolution providing
that the State Librarian furnish the Solicitor General of the Eastern Judicial Circuit with certain volumes.

The report of the Committee,which was favorable to the adoption of the resolution,was agreed to.

On 103,

nthaeysaodo. ption

of

the

resolution,the

ayes

were

The resolution having received the requisite constitutional majority was adopted.

By Messro.Stephens and Hogan of Laurens. House Bill No.309.A bill to be entitled an Act to
~mend an Act in reference to the Board of Commissioners of Roads and Revenues of Laurens County,so as to prohibit nepotism,and for other purposes.

FRIDAY, FEBRUARY l:J, 1!}35.

1117

The report of the Committee,which was favorable to the p:~.ssage o:r the bill, was agreed to.

On nays

oth. e

passage

o:r

the

bill,

the

ayes

were

104,

The bill having received the requisite constitu-

tional majority was passed.

By l1r. Wrench o:r Char1ton.

House Bill No.387.A bill to be entitled an Act to

amend an Act creating a Board o:r Commissioners o:r

roads and revenues for Charlton County,and :for other

purposes.



The report o:r the Comnittee,which was :favorable to the passage o:r the bill, was agreed to.

On nays

oth.e

passage

of

the

bill,

the

ayes were 105,

The bill having received the requisite constitutional majority was passed.

By Mr.~cBride o:r Montgomery. House Bill No.498. A bill to be entitled an Act
to abolish the offices o:r Tax Collector and Tax Receiver o:r Montgomery County; to create the o:r:rice of Tax Commissioner, and :for other purposes.

The report o:r the Committee,which was :favorable to the passage of the bill,was agreed to.

On nays

oth.e

passage

of

the

bill,the

ayes

were

106 1

The bill having received the requisite constitutional majority was passed.

By Mr.Bush of Miller. House Bill No.502.A bill to be entitled an Act to
fix the amount o:r the bond of the Sheriff of Miller County, and for other purposes.

1118

JouRNAL oF THE HousE,

The report or the Committee,which was favorable to the passage or the bill,was agreed to.

On nays

oth. e

passage

or

the

bill,the

ayes

were

109,

The bill having received the requisite constitutional majority was passed.

By Messrs.Parker and Shirah or Colquitt. House Bill No.514.A bill to be entitled an Act to
repeal an Act creating the offices or Tax Commissioner and Assistant Tax Commissioner or Colquitt County,and tor other purposes.

The report or the Committee,which was favorable to the passage or the bill, was agreed to.

On nays

toh. e

passage

or

the

bill,the

ayes

were

108,

The bill having received the requisite constitutional majority was passed.

By Messrs.Parker and Shirah of Colquitt. House Bill No.515.A bill to be entitled an Act to
repeal an Act abolishing the offices or tax receiver and tax collector ot Colquitt County,and tor other purposes.

The report or the Committee, which was favorable to the passage or the bill, was agreed to.

On nays

oth. e

passage

or

the

bill,

the

ayes

were

109,

The bill having received the requisite constitutional majority was passed.

By Messrs.Par~er and Shirah or Colquitt. House Bill No.518.A bill to be entitled an Act to
create the office or Tax Collector or Colquitt County, and tor other purposes.

1.\ FRIDAY, FEBRUARY

1~!:35.

1119

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

On nays

oth. e

passage

or

the

bill,the

ayes

were

110,

The bill having received the requisite constitutional majority was passed.

By Messrs.Parker and Shirah of Colquitt.

House Bill No.519.A bill to be entitled an Act to

create the office of Tax Receiver of Colquitt County,

and for other purposes.



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

On nays

oth.e

passage

of

the

bill,the

ayes

were

111,

The bill having received the requisite constitutional majority was passed.

By Mr.McBride of Montgomery. House Bill No.52l.A bill to be entitled an Act to
repeal an Act creating a Board of Commissioners of Montgomery County,and for other purposes.

The report of the Committee,which was favorable to the passage of the bill,was ~greed to.

On the passage of the bill, the ayes were 112,
nays o.

The bill having received the requisite constitutional majority was passed.

By Mr. McBride of Montgomery. House Bill No.522.A bill to be entitled an Act to
create a Board of Commissioners of roads and revenues for the County of Montgomery, and for other purposes.

The report of the Committee, which was favorable to the pa~sage of the bill, was agreed to.

1120

JouRNAL OF THE HousE,

On nays

oth. e

passage

of

the

bill,

the

ayes

were

1131

The bill having received the requisite constitutional majority was passed. By l'1r. Daughtry of Wilkinson.
House Bill No.527.A bill to be entitled an Act to reduce the official bond of the Sheriff of Wilkinson Count,y, and for other purposes.

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

On nays

oth. e

passage

of

the

bill,

the

ayes

were

114,

The bill having received the requisite constitutional majority was passed.

By Mr.Ray of Appling. House Bill No. 528. A bill to be entitled an Act
to reduce the official bond of the Sheriff of Appling County, and for other purposes.

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

On nays

oth. e

passage

of

the

bill,

the

ayes

were 115,

The bill having received the requisite constitutional majority was passed.

By Mr.Culpepper of Echols. House Bill No.586. A bill to be entitled an Act to
require all persons employed by Echols County to live in said County, and for other purposes.

1121

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

On nays

oth. e

passage

of

the

bill,

the

ayes

were

117,

The bill having received the requisite constitutional majority was passed.

By Mr.Culpepper of Echols. House Bill No. 587. A bill to be entitled an Act
to require the Comnissioners of Roads and Revenues of EcholsCounty to give bond, and for other purposes.

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

On nays

oth.e

passage

of

the

bill,

the

ayes were

118,

The bill having received the requisite constitutional majority was passed.

By ~rr.Caswell of Liberty. House Bill No.591. A bill to be entitled an Act
to create a Board of Commissioners of Roads and Revenues of Liberty County, and for other purposes.

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

On nays

oth. e

passage

of

the

bill,

the

ayes

were

119,

The bill having received the requisite constitutional majority was passed.

1122

JcnR~AL or THE HoesE,

By Y~.Caswell of Liberty. House Bill No.592.A bill to be entitled an Act to
repeal an Act to create a Board of Commissioners of Roads and Revenues for Liberty County, and for other purposes.

The report of the Committee1which was favorable to the passage of the bill 1 was agreed to.

On nays

toh. e

passage

of

the

bill1 the

ayes

were

120 1

The bill having received the requisite constiu!tional majority was passed.

By Mr.Caswell of Liberty. House Bill No.6lO.A bill to be entitled an Act to
create a new Charter for the City of Hinesville,and for other purposes.

The report of the Committee1which was favorable to the passage of the bill,was agreed to.

On nays

toh. e

passage

of

the

bill1 the

ayes

were

121,

The bill having received the requisite constitu-

tional majority was passed.



By Messrs.Hartsfield,Almand and Ramsey of Fulton. House Bill No.613.A bill to be entitled an Act to
amend an Act incorporating Union City,and for other purposes.

The report of the Committee the passage of the bill 1 was

a1gwrheiecdh

was to.

favorable

to

On nays

oth.e

passage

of

the

bill,the

ayes

were

125 1

The bill having received the requisite constitutional majority was passed.

FRIDAY, FEBRUARY Li, 1!13.).

1123

By Mr.Minchew of Atkinson. House Bill No.618.A bill to be entitled an Act to
reduce the official Bond of the Sheriff of Atkinson County,and for other purposes.

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

On nays

oth.e

passage

of

the

bill,the

~es

were

122,

The bill having received the requisite constitutional majority was passed.

By Messrs.Sartain and Leonard of Walker. House Bill No.623.A bill to be entitled an Act to
amend the Charter of the City o! Ros.Jville ,and for other purposes.

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

On nays

oth. e

passage

of

the

bill,the

ayes

were

123,

The bill having received the requisite constitutional majority was passed.

By Messrs.Stephens and Hogan of Laurens. House Bill No.630.A bill to be entitled an Act to.
change the number of terms of the Superior Court in Laurens County,and for other purposes.

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

On nays

ot h. e

passage

of

the

bill,the

ayes

were

1241

The bill having received the requisite constitutional majority was passed.

1124

JouRNAL oF THE HousE,

By unanimous consent,the following bills and resolutions of the Senate were read the first time,and referred to the Committees: By Senator Evans of the 29th District.
Senate Bill No.l8.A bill to be entitled an Act to amend an Act to create a Text Book Commission for the State of Georgia,and for other purposes.
Referred to Commiutee on Education No.2. By Senator Skelton of the 30th District.
Senate Resolution No.24.A resolution requesting the Georgia Delegation in the National Congress to support a certain Congressional Resolution relative to freight rates,and for other purposes.
Referred to Committee on Public Utilities. By Senators Milhollin of the 46th District and Johnston of the 39tn District.
Senate Resolution No.26.A resolution requesting Congress to compensate operators of cotton ginneries for the collection of taxes under the Bankhead Bill, and for other purposes.
Referred to Committee on General Agriculture No.~ By Senator Millican of the 35th District.
senate Bill No.75.A bill to be entitled an Act making it a misdemeanor for any.person,firm or corporation,engaged in the undertaking business to directly or indirectly offer or give compensation or anything or value to any person,tirm or corporation to induce anyone to employ said undertaker,and for other purposes.
Referred to Committee on Hygiene and Sanitation. By Senator Vaughn of the 34th District.
Senate Bill No.82.A bill to be entitled an Act to define the practice of Physiotherapy,and to regulate the practice thereof,and tor other purposes.
Referred to Committee on General Judiciary No.1.

FRIDAY, FEBRUARY 1.-,, l!IJ:J.

1125

By Senator King of the 11th District. Senate Bill No.83.A bill to be entitled an Act to
amend the Code of Georgia of 1933,which imposes liability upon the stockholders of banks to depositors of such banks in an amount equul to the value of their shares,and for other purposes.

Referred to Committee on General Judiciary No. 1.

The following message was received from the Senate through Mr.Hamrnond,the 3ecretary thereof:

Mr. Speaker:

The Senate has passed by the requisite constitutional majorlty the following bills of the House, to wit:

By Mr.Terrell of Hall. House Bill No.62.A bill to be entitled an Act to
amend an Act to establish a system of public schools for Lula School District;and for other purposes.

By Mr.Smith of Madison. House Bill No.123.A bill to be entitled an Act to
abolish the City Court of Danielsville,Mad1son County,Georgia;and for other purposes.

By Messrs.Hartsfield,Almand and Ramsey of Fulton.

House Bill No.225.A bill to be entitled an Act to

authorize the Board of Education of any county

having tireme

more th nt fund

an for

200 te

a1

000 che

r

p s

opul and

ation,to c employees

r

ea of

t

e arecounty

school system; and for other purposes.

By Messrs.Garrett and Camp of Carroll. House Bill No.299.A bill to be entitled an Act to
amend an Act establishing a system of public schools for the city of Carrollton;and for other purposes.

By Mr.Williams of Coffee. House Bill No. 399. A bill to be entitled an Act
to amend an Act approved August 19,1919,entitled "An Act to establish the City Court of Douglas in

1126

JouRNAL OF THE HousE

the City of Douglas,Coffee County,Georgia";and !or other purposes.

By Messrs.Hartsfield,Al~and and Ramsey or Fulton. House Bill No.410. A bill to be entitled an Act
to amend an Act establishing the Criminal Court of Atlanta,so as to change the name of said court to "Criminal Court of Fulton County"; and for other purposes.

By Mr.McGraw of Meriwether.

.

House Bill No.417. A bill to be entitled an Act to

amend an Act to provide for holding four terms in

each year of the Superior Court of Meriwether County;

and for other purposes.

By Mr. Kelley of Elbert. House Bill No.427. A bill to be entitled an Act to
fix the amount of the bond of the Sheriff of Elbert County,and for other purposes.

The following message was received from the Senate through IIr .Harrunond, the Secretary thereof:
rr. Speaker:

The Senate has passed by the requisite constitutional majority the following bills and resolutions of the Qenate, to wit: By Senator Evans of the 29th District.
Senate Bill No.l8. A bill to be entitled an Act to create a text-book commission for the State of Georgia, and for other purposes.

By Senator I"Iillican of the 35th District. Senate Bill No.75. A bill to be entitled an Act
making it a misdemeanor for any person,firm or corporation,or officer thereof,engaged in the undertaY..ing business to directly or indirectly offer or (;ive compensation or anything of value to any person,firm or corporation to induce anyone to employ said undertaker, and for other purposes.

i::y :3enator Vaugrm of the 34th District. Se~ate Bill No.82. A bill to be entitled an Act to
define the practice of physiotherapy and to regulate the r~~ctice thereof.

FRIDAY, FEBRUARY 15, 1935.

1127

By Senator King of the 11th District. Senate Bill No.83. A bill to be entitled an Act
to amend Section 13-1901 of the Code of Georgia of 1933 which imposes liability upon the stockholders of banks to depositors of such banks in an amount equal to the face value of their shares, and for other purposes. By Senator Skelton of the 30th District.
Senate Resolution No.24. A resolution requesting the Georgia Delegation in the National Congress to support a certain Congressional Resolution relative to freight rates. By Senator l1ilhollin of the 46th District and Senator Johnston of the 39th District.
Senate Resolution No.26. A resolution requesting Congress to compensate operators of cotton ginneries for the collection of taxes under the Bankhead Bill,for which no provision was made in the Bankhead Bill.
By unanimous consenL,the following bill of the House was recommitted to the Committee on Motor Vehicles: By Mr.Salter of Baker.
House Bill No. 190. A bill to be entitled an Act to protect the public against misrepresentation and fraud in the manufacture, sale and distribution of automobile,tractor,and truck tires, and appliances, and for other purposes.
By unanimous consent,the following bill of the House was recommitted to the Committee on Special Judiciary: By Messrs. Sutton of Wilkes,Spivey of Emanuel,Arnall of Coweta, and others.
House Bill No. 595. A bill to be entitled an Act to regulate collection and commercial agencies, and for other purposes.
Mr.Harris of Richmond moved that the House do now adjourn until Monday morning, February 18, at 10:00 o'clock, and the motion prevailed.
The Speaker announced the House adjourned until Monday morning, at 10:00 o'clock.

1128

JouRNAL OF THE HousF,

Representative Hall, Atlanta,Ga.

Monday, February 18, 1935.

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

Camp

Edwards of Ste-

Allen

Campbell

pl:lens

Almand of Fulton Caswell

Ennis

Almand of Walton Claxton of Cam- Etheridge

Anderson

den

Felton

Ansley of DeKalb Claxton of John- Flynt

Ansley of Lee

son

Fowler

Arnall

Clements of Cal- Freeman of Bibb

Atwood

houn

Freeman of Early

Bannister

Clements of

Gammage

Bargeron

Wheeler

Gardner

Barnard

Cobb

GCI.rrett

Barrett

Cohen

Gavin

Batchelor

Coleman

Gilbert

Bennett

Coxon

Gnann

Benton

Culpepper of Ec- Goolsby

Bond

hols

Grayson

Booth

Culpepper of Green

Bowden

Fayette

Griffin of Decatur

Black

Darnell

Griffin of Floyd

Bland

Daughtry

Groover

Blease

Davis of Troup Groves

Bloodworth

Deal

Guess

Bradley

Dean

Hammock

Brinson

DeLoa:h

Hampton

Brisendine

Dobbins

Hand

Brooks

Dorris

Harris

Brovm of Glynn Douglass

Harrison

Brovm of Greene Durden

Hartsfield

Brown of Pike Dyer

Herndon

Burgin

Edwards of

Head

Bush

Lovmdes

Hefner

MoNDAY, FEBRUARY 18, 19:3.>.

1129

Henderson

Milam

Scruggs

Hogan

Mills

Settle

Hogg

Minchew

Shedd

Holland

Mitchell of La- Shirah

Hooks

mar

Smith of Madison

Horton

Mitchell of Tal- Smith of Webster

Houston

iaferro

Spivey

Howard of Chat- Moore of Clayton Standard

tahoochee

Moore of Haral- Stephens

Howard of Screv- son

Sutton

en

Morris

Swindle

Jackson of Bleck- Moye

Teasley

ley

Mundy

Terrell of Hall

Jackson of Haber- Musgrove

Terrell of Troup

sham

Neal

Terrell of War-

Joel

Newby

ren

Johnson

Oden

Thompson

Johnston

Parham

Thrasher

Jones of Brant- Parker of Col- Tipton

ley

quitt

Toms

Jones of Lump- Parker of Union Townsend

kin

Parks

Twitty

Kelley

Parr

Warnell

Lanier

Patten of Cook Watkins

Lee

Patten of Tift Watson

Leonard of Mus- Peebles

Weathers

co gee

Peek

Weeks

Leonard of Walk- Perry

Welsch

er

Peters

West

Lewallen

Pound

Whaley

Lewis

Preston of Bul- Whitmire

Lindsay

loch

Williams of Bacon

McBride

Preston of Wal- Williams of Cot-

McCracken

ton

fee

McCranie

Ramsey

Williams of Jack-

McCutchen

Rawlins

son

McGraw

Ray

Williams of Jones

McKelvey

Reagan

Willingham

McNall

Ross

Wilson

Mallory

Sabados

Woods

Mann

Salter

Wrench

M_anning

Sammon

Young

Marshall

Sartain

Zellner

Martin

Saunders

l1r Speaker

(52) See Appendix,Volume I,for absentees.

1130

JouRNAL or THE HousE,

Mr. Blease ot BrookS arose to a question of personal privilege and addressed the House.
By unanimous consent,the following bill of the House was recommitted to the Committee on Appropriations,with instructions to report same back to the House,Tuesday,February 19th: By Mr. Culpepper of Fayette.
House Bill No. 240. A bill to be entitled an Act to make appropriations for the operation of the State Government,for the support of its eleemosynary institutions,for aid to the University System and to the common schools or the State,and !or other purposes.
By unanimous consent,the House reconsidered its action in passing the following bill or the House, to wit: By Messrs. Stephens and Hogan or Laurens.
House Bill No. 309. A bill to be entitled an Act to amend an Act in reference to the Board of County Commissioners of Laurens County,so as to prevent nepotism,and for other purposes.
By unanimous consent,the Clerk was authorized to correct all errors in House Bill No. 591.
Mr. Preston of Bulloch,Chairman o! the Committee on Journals,reported that the Journal of yesterday's proceedings had been read and round correct.
By unanimous consent, the reading or the Journal was dispensed with.
The Journal was confirmed. By unanimous consent,the following was established as the order or business,during the first part of the period or unanimous consents: 1. Introduction or bills and resolutions under the Rules of the House.

MoNDAY, FEBRUARY lR, 193.1.

1131

2. Reports of Standing Committees. 3. Second reading of bills and resolutlons,favorably reported. 4. Third reading and passage of local uncontested House Bills. 5. First reading and reference of Senate Bills and Resolutions. 6. Third reading and passage of House Bill No.216. The following resolution of the House was read and adopted: By Mr. Burgin of Marlon. A Resolution-Whereas,the Hon.T.B. Rainey,former Representative of Marion County, is in the City for the day on business. Be it resolved that he be granted the privileges of the floor of the House,while in the City. By unanimous consent,the following bills and resolutions of the House were introduced,readthe first time,and referred to the Committees: By Messrs. Lanier,Harris and Barrett of Richmond. House Bill No. 669. A bill to be entitled an Act to amend an Act creating a board of Civil Service Commissioners for the city of Augusta,and for other purposes. Referred to Committee on Counties and County Matters. By Messrs. Hartsfield,Almand and Ramsey of Fulton. House Bill No. 670. A bill to be entitled an Act to provide that no person,flrm or corporation shall establish any dancehall,box1ng or wrestling arena in any county of 200,000 population,wlthout permission of the County Comm1ss1oners,and for other purposes. Referred to Committee on Counties and County Matters.

1132

JouRNAL OF THE HousE,

By Messrs. Hartsfield,Ramsey and Almand of Fulton. House Bill No. 671. A bill to be entitled an Act
to require the tax receivers in all counties of 200,000 population to list all tax payers in alphabetical order without segregation by militia districts,and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Hartsfield,Ramsey and Almand of Fulton. House Bill No. 672. A bill to be entitled an Act
to authorize Judges of Superior Court to transfer any civil case to a Municipal Court,and for other purposes.
Referred to Committee on Counties and County l'1atters. By Mr.Salter of Baker.
House Bill No. 673. A bill to be entitled an Act to repeal Section 695 of the political Code of Georgia of 1910,and for other purposes.
Referred to Committee on Special Judiciary. By I1r.Weathers of Jenkins.
House Bill No. 674. A bill to be entitled an Act to amend Chapter 56-207 of Title 56-Insurance of 1933 Code,and for other purposes.
Referred to Committee on Insurance.
By Mr. Mann of Toombs. House Bill No. 675. A bill to be entitled an Act
to increase the mileage of State Aid Road System by adding a road in Toombs County, and for other purposes.
Referred to Committee on Public Highways No. 2.
By Messrs. Arnall of Coweta and Spivey of Emanuel. House Bill No. 676. A bill to be entitled an Act
to impose and fix a license of $1,000 on each person collecting rents or fees on copyrighted music, books,etc.,in each county,and for other purposes.
Referred to Committee on Ways and Means.

1133

By Messrs.Almand and Hartsfield of Fulton. House Bill No. 677. A bill to be entitled an Act
to amend an Act regulating primary elections in counties of 200,00 population,by extending terms of executive committee,and for other purposes.
Referred to Committee on Municipal Government.

By Messrs.Head of Catoosa,Neal of Gordon,McCutchen of Whitfield and Lewis of Burke.
House Bill No. 678. A bill to be entitled an Act prescribing a lbnitation of time after the record of a deed or probate of a will,when a person may not assert a claim to certain lands,and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Messrs.Head of Catoosa,Neal of Gordon,McCutchen of Whitfield and Lewis of Burke.
House Bill No. 679. A bill to be entitled an Act to amend Section 29-401 of 1933 Code relative to recordation of deeds,and for other purposes.

Referred to Committee on General Judiciary No. 1.

By l1essrs.Head of Catoosa,Neal of Gordon,McCutchen of Whitfield and Lewis of Burke.
House Bill No. 680. A bill to be entitled an Act to prescribe and fix notice of. litigation concerning or affecting the title to land,and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Messrs.Head of Catoosa,Neal of Gordon,McCutchen of Whitfield and Lewis of Burke.
House Bill No. 681. A bill to be entitled an Act to provide for limitation of actions upon instruments given to secure debts,and for other purposes.

Referred to Committee on General Judiciary No. 1.

By Mr.Freeman of. Early.

.

House Bill No. 682. A bill to be entitled an Act

to repeal Sections 2 and 4 of an Act incorporating

the City of Blakely, and for other purposes.

Referred to Committee on Municipal Government.

1134

JouRNAL oF THE HousE,

By Messrs. Milam of Spalding,Edwards of Lowndes,~am sey of Fulton and Bloodworth of Bibb.
House Bill No. 683. A bill to be entitled an Act to appropriate $15,000 for 1936 and $15,000 for 1937 to the Georgia Training School for Girls,and for other purposes. teRrse.ferred to Committee on Counties and County MatBy Mr .Gardner of Chandler.
House Bill No. 684. A bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Candler County,and for other purposes.
Referred to Committee on Counties and County Matters. By Mr. Peebles of Bartow.
House Resolution No. 152-684a. A resolution authorizing the State Librarian to furnish certain law reports to the Ordinary of Bartow County,and for other purposes.
Referred to Committee on Public Library.
By Mr.Flynt of Spalding. lieHvoeusJe.RR.esTohloumtioasn,aNs os. u1re5t3y-6o8n4bb.oAndreinsoCluittiyonCotuortreofGri!!1n,and !or other purposes.
Referred to Committee on Special Judiciary. By Mr.Patten of Cook.
House Resolution No. 154-684c. A resolution to reduce the ad valorem tax system and substitute therefor a sales tax,and for other purposes.
Referred to Committee on Ways and Means.
Mr. Almand of Walton County, Chairman of the Committee on Motor Vehicles,submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles have had under consideration the following bills of the House and

MoNDAY, FERRt:ARY l.S, 1~n.-1.

1135

Senate have instructed me as Chairman,to report the same back to the House with the following recommendations:

Senate House

Bil Bill

l No. No.

450561,

do do

pass,as amended~ not pass.

House Bill No. 643, do pass.

Respectfully submitted, Almand of Walton, Chairman.

Mr.Manning of Cobb County,Chairman of the Committee on Public Highways No.l,submitted the following report:

Mr.Speaker:

Your Committee on PUblic Highways No. 1 have had under consideration the following bill of the House and have instructed me as Chairman,to report the same back to the House with the following recommendation:
House Bill No. 619, do pass. Respectfully submitted, Manning of Cobb, Chairman.

Mr.Mundy of Polk County,Chairman of the Connnittee on University System of Georgia,submitted the following report:

Mr.Speaker:

Your Committee on University System of Georgia have nad under consideration the following bill of the House and have instructed me as Chairman,to report the same back to the House with the following recommendation:

House Bill No. 594, do pass.

Respectfully submitted, Mundy of Polk, Chaim.an.

1136

JouRNAL OF THE HousE,

By unanimous consent,the following bills ot the House and Senate,tavorably reported,were read the second time:

By Senator Dennis ot the 28th District. Senate Bill No. 55. A bill to be entitled an Act
to amend Title 68, Chapter 68-3 Section 68-301 ot 1933 Code by increasing the speed limit tor motor vehicles with a combined weight ot load and vehicle ot less than 6,000 pounds,and tor other purposes.

By Mr. Dean of Rockdale. House Bill No. 594. A bill to be entitled an Act
to amend an Act so as to tix the fiscal year ot the Regents of the University System at September 1st through August 31st, and for other purposes.

By Messrs. Morris of Douglas, Camp and Garrett ot Carroll,Watson ot Paulding and Arnall and Dyer ot Coweta.
House Bill No. 619. A bill to be entitled an Act to increase the State Aid Road System mileage by adding a road in Douglas, Carroll and Paulding Counties,and tor other purposes.

By Mr. Campbell ot Newton.

House Bill No. 643. A bill to be entitled an Act

to regulate the construction and equipment ot trucks

and busses used,leased,owned or purchased for the

transportation ot school children,and for other pur-

poses.



By unanimous consent,the following bill ot the House was read the third time,and placed upon its passage:

By Messrs. Stephens and Hogan ot Laurens. House Bill No. 309. A bill to be entitled an Act
to amend an Act with reference to the Board ot County Commissioners ot Laurens County,so as to prevent nepotism,and for other purposes.

The following Committee amendment to House Bill No. 309 was adopted:

MoNDAY, FEBRL'ARY 18, 1933.

1137

The Committee on Counties and County Matters amend House Bill No. 309 as follows: Section 6 is amended by striking the words "fifty dollars" and adding in lieu thereof three hundred dollars. Said Section 6 is further amended by adding at the last part of said Section the following provisions: "and provided that nothing in the Section shall interfere or prohibit said Board of County Commissioners from entering into any contract with the State Highway Board of Georgia to build,grade or repair roads and bridges in said county,or in buying materials for said building, grading or repairing roads or bridges".

"Provided further,that after competitive bids shall have been submitted as aforesaid,the Board of Commissioners shall have the right and authority to reject same,only in the event said Board is able to get proposals at a cheaper bid or rate privately.

This bill is further amended by striking Section 7 in its entirety.

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

On were

tlh0 5e ; npaaysssagoe.

of

the

bill,

as

amended,the

ayes

The bill having received the requisite constitutional majority w~s passed,as amended.

By unanimous consent,the following bill of the House was read the third time and placed upon its passage:

By Mr. Harrison of Crawford. House Bill No. 216. A bill to be entitled an Act
to amend the Code of Georgia of 1933,which provides when and how elections for members of the General Assembly shall be held,in counties of a certain population,and for other purposes.

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

1138

JouRNAL OF THE HousE,

On nays

toh. e

passage

of

the

bill,the

ayes

were

107,

The bill having received the requisite constitutional majority was passed.

The following bill of the House was placed on the calendar for the purpose of disagreeing to the unfavorable report of the Committee:

By Mr. Clements of Wheeler and others. House Bill No. 406. A bill to be entitled an Act
to regulate the weight of motor vehicles operating on the highways of this State,and for other purposes.

By unanimous consent,Mr. Lindsay of DeKalb was allowed to strike his name as one of the authors of House Bill No. 90.

Under the order of business set by the Committee on Rules last week,the following bill of the House was taken up for consideration and read the third time:

By Mr. Twitty of Ware.
House Bill No. 146. A bill to be entitled an Act to be known as the Georgia Full Crew Law; to provide for the protection and safety of the public and the railroad transportation employees in this State; to provide for a full crew of employees to operate all railroad trains within this State,and for other purposes.

Mr. Howard of Chattahoochee moved that the House recess until 1:45 o'clock, P.M., this afternoon,the motion prevailed,and House Bill No. 146 went over as unfinished business until that hour.

The Speaker announced the House recessed until 1:45 o'clock.

1:45 o'clock, P.M.

The Speaker called the House to order.

MoNDAY, FEBRUARY lR, 1:13.->.

1139

Mr. Culpepper of Fayette moved that the report of the Committee on Appropriations on House Bill No. 240 be made on Wednesday,February 20th, and the motion prevailed.
The following bill of the House was again taken up for consideration:
By Mr. Twitty of Ware.
House Bill No. 146. A bill to be entitled an Act to be known as the Georgia Full Crew Law,and for other purposes.
Mr. Pound of Hancock moved the previous question, the motion prevailed,and the main question was ordered.
The following Committee amendment to House Bill No. 146 was adopted:
The Committee moves to amend House Bill No. 146 by amending the caption as follows:
By Striking the words "one hundred (100) miles" in line 14 of the Caption and inserting in lieu thereof the words "one hundred and five (105) miles", so that said caption when amended will read as follows:
"To be entitled an Act to be known as the Georgia Full Crew Law; to provide for the protection and safety of the public and the railroad transportation employees in this State; to provide for a full crew of employees to operate all railroad trains within this State; to fix the number of employees to compose a full crew on all passenger,mail and express trains operating in this State; to fix the number of employees to compose a full crew on all freight trains, both local and through freight trains operating in this State; tQ fix the number of employees to compose a full switch crew in this State; to define a "mixed train" and the number of employees to compose a full crew on such trains operating in this State; to fix and designate what the yard limits shall be on the railroads in this State; to provide

1140

JouRNAL or THE HousE,

for the exemptions of all railroads in this State less than one hundred and five (105) miles in length from the provisions of this act; to fix the penalties for the violation of this act; to name the proper officials to be charged with the enforcement of this act; to provide that nothing contained in this act shall be held to mean to prevent the com~on carriers in this State from adding to or increasing the number of employees to compose a full crew on all trains, locomotives and engines beyond the number set out in this act; to provide for the time this act shall become effective; to provide that if any Section,Subsection,Clause,or Phrase or Sentence shall for any reason be held by a court of competent jurisdiction to be unconstitutional,it shall not effect theremaining Sections, Sub-sections,Sentences,Clauses,or Phrases; to repeal all laws and parts of laws in conflict with the provisions of this Act; and for other purposes.
By amending Section 11 of House Bill No. 146, by addin~ after the words "one hundred" and before the word miles" in line three of said section,the words "and five"; by adding after the words "only trains composed of five" and before the words "cars or less" in lines three and four of said Section ll,the word "passenger", so that said Section 11 when amended shall read as follows:
"Section 11. That the provisions of this Act shall not apply or extend to any railroad company in this State operating trains over a total mileage of less than one hundred and five miles and operating only trains composed of five passenger cars or less; and nothing contained in this Act shall apply to relief or wrecking trains in any case where a sufficient number of men are not immediately available to comply with the provisions of this act, or to cases where trains have been sent out or started at the last division point with the requisite number of employees,but owing solely to the disability or the refusal further to act of some one or more of such crew,the train is left with less than a full crew."

MoNDAY, FEBRUARY lX, l!U.->.

1141

The following amendment was read:

Messrs. Stephens and Hogan of Laurens move to amend House Bill No. 146 as amended by Committee, known as the Georgia Full Crew Law: Move to strike Section Eleven (11) in its entirety,and substituting therefor the following:

Section 11. That the provisions of this Act shall not apply or extend to any railroad company in this State operating trains where the total mileage does not exceed One Hundred and Five (105) miles.

The following amendment to the amendment was read and adopted:

Mr. Townsend of Dade moves to amend the amendment by Messrs. Stephens and Hogan of Laurens,as follows: By addini at the end of Section 11 thereof,the following: Provided that in computing said mileage the total mileage shall be counted whether within or without this State."

The amendment by I"'essrs. Stephens and Hogan of Laurens,as amended,by the amendment of Mr. Townsend of Dade, was adopted.

The following amen<t11ent was adopted:

Mr. McNall of Chatham moves to amend House Bill No. 146 by striking from Section 6, line (1) the word (Forty) and inserting in lieu thereof the word (Seventy).

The amendment offered by Mr. Spivey of Emanuel was

lost.



The report of the Committee,which was favorable to

the passage of the bill, as amended, was agreed to,

as amended.

On the passage of the bill,as amended,Mr. Thompson of Muscogee moved the ayes and nays,and the call was sustained.

1142

JouRNAL oF THE HousE,

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

Those voting in the affirmative were Messrs :

Allen AAlnmdaenrdsonof Walton Ansley of DeKalb Arnall Bannister Barrett Bloodworth Brinson Brown of Pike Campbell Caswell Coleman Coxon Darnell Dobbins Edwards of Lowndes Flynt Freeman of Bibb Gardner Garrett Gnann Green Groves Hammock

Harris

Ramsey

Hartsfield

Ray

Herndon

Sabados

Hogan

Salter

Horton

Sartain

Howard of Screv- Settle

en

Shedd

Jackson of Hab- Smith of Madison

ersham

Smith of Webster

Lanier

Sutton

Leonard of Mus- Teasley

co gee

Terrell of Hall

Lindsay

Terrell of Troup

McCracken

Terrell of War-

McGraw

ren

McNall

Thompson

Mallory

Toms

funning

Townsend

Mitchell of Lamar Twitty

Oden

Watson

Parks

West

Parr

Whitmire

Peek

Williams of Bacon

Preston of Bul- Williams of Cof-

loch

fee

Young

Those voting in the negative were Messrs.:

Adams Almand of Fulton Ansley of Lee Atwood Bargeron Barnard Batchelor Bond Booth Black

Bland

Clements of Cal-

Blease

houn

Bradley

Clements of

Brisendine

Wheeler

Brooks

Cobb

Burgin

Culpepper of Ec-

Bush

hols

Claxton of Cam- Culpepper of

den

Fayette

Claxton of John- Davis of Troup

son

Deal

MoNDAY, FEBRL'ARY 1~, 1!13.>.

1143

Dean

Kelley

Peters

DeLoach

Lee

Pound

Dorris

Leonard of Walk- Preston of Walton

Douglass

er

Rawlins

Edwards of Ste- Lewallen

Reagan

phens

Lewis

Ross

Etheridge

McBride

Sammon

Freeman of Ear- McCranie

Saunders

ly

McCutchen

Scruggs

Gammage

McKelvey

Shirah

Gavin

Mann

Spivey

Gilbert

Martin

Standard

Grayson

Milam

Stephens

Griffin of De- Mills

Swindle

catur

Moore of Haral- Thrasher

Hand

son

Tipton

Harrison Head Henderson Hogg Holland Houston Jackson of Bleckley

Moye Mundy Neal Newby Parham Parker of Union Patten of Cook Patten of Tift

Watkins Weathers Whaley Williams of Jones Wilson Woods Wrench Zellner

Joel

Peebles

Johnston

Perry

(b3) See Under

Appendix Rule No.

~V2,oluMmre.

I ,for those not voting. Welsch of Cobb was excused

from voting.

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

On the passage of the bill, as amended, the ayes were 70, nays 96.

The bill having failed to receive the requisite constitutional majority was lost.

l1r. Twitty of ware gave notice that at the proper time he would move that the House reconsider its action in failing to pass House Bill No. 146, as amended.

1144

JouRNAL oF THE HousE,

Mr.Harris of Richmond, Vice-Chairman of the Committee on Rules,submitted the following report:
A RESOLLITION Be it resolved by the House that House Bill No. 144 be set as a special and continuing order of business immediately following the consideration of the House of House Bill No. 392. Mr.Speaker: Your Committee on rules has had under consideration the fixing of a calendar of business for the House and has instructed me as its Vice-Chairman to report the above resolution back to the House with the recommendation that the same be adopted.
Respectfully submitted, Harris of Richmond, Vice-Chairman.
The report of the Committee on Rules was adopted. The following message was received from the Senate through Mr.Hammond,the Secretary thereof: Mr.Speaker: The Senate has passed by the requisite constitutional majority the following bill of the Senate,to wit: By Senator Evans of the 29th District. Senate Bill No. 17. A bill to amend an Act to prohibit use of steel or other like devices in trapping or catching any bird, game, or animal 1n this State,and for other purposes. l1r.Speaker: The Senate has passed by the requisite constitutional majority the following resolutions of the Senate,to wit:

Mmm.-\Y, FEBRL'ARY l~, 1\U.->.

1145

By Senator Chappell of the 13th District. Senate Resolution No. 28. A resolution to instruct
the Highway Department to pave certain roads, and for other purposes. l1r.Speaker:
The Senate has passed by the requisite constitutional majority the following bills and resolutions of the House,to wit: By l1essrs.Lindsay,Guess and Ansley of DeKalb.
House Bill No. 247. A bill to be entitled an Act to provide that no person,firm or corporation shall operate any public dance hall, swimming pool or place of public amusement for money or profit in certain tovms or cities,and for other purposes. By l1r.Garrett of carroll.
House Bill No. 339. A bill to provide for the preparation and exhibjtion of ballot boxes in all priInary elections held in any county in this state having a certain population,and for other purposes.
By I"Iessrs.Hartsfield,Ramsey and Almand of Fulton. House Bill No. 362. A bill to more clearly define
the duties and powers of county boards of tax assessors in counties of a certain population,and for other purposes.
By Mr.Culpepper of Fayette. House Resolution No. 53. A resolution to author-
ize and direct the Governor and Secretary of State to cause a new great seal of the stc.te to be made, and for otter purposes.
The folJ owing resolution of tlJ.e House w2.s re:~-:::.; By l'Ir.Dorris of Crisp.
House Resolution No. 155. A resolution extending the invitation of the House to IIiss Dorothy Dix to address the House at sorrie convenient time on the subject of modern love ancl marriage life,and how best to pursue ardent court~~ip.

1146

JouRNAL oF THE HousE,

Mr.Lindsay of DeKalb moved that the resolution be referred to the Committee on Historical Research,and the motion prevailed.
The resolution was referred to the Committee on Historical Research.

By unanimous consent, the substitutes offered by Messrs. Townsend of Dade, Griffin of Decatur, and Head of catoosa, to House Bill No. 144, were ordered printed.

The folloYdng resolutions of the House were read .and adopted: By Messrs. Hartsfield of Fulton and Arnall of Coweta.
House Resolution No. 156. A resolution condemning the Wagner-Costigan anti-lynching ~ill as violative of state rights, etc.,and for other purposes.

By Mr.Wrench of Charlton. House Resolution No. 157. A resolution granting
leaves of absence to the Committees on Conservation and Game and Fish.
The following resolution of the House was read:

By Mr .Nilam of Spalding. House Resolution No. 158. A resolution memorializ-
ing Congress to repeal the Acts authorizing the levying and assessing of processing taxes on certain articles,and for other purposes.

Nr.Flynt of Spalding moved to table the resolution and the motion prevailed.

The resolution was tabled.

MoNDAY, FEBRUARY Hi, J~u.-).

1147

Mr. Harris of Richmond moved that the House do now adjourn until tomorrow morning at 9:00 otclock.
Mr.Lindsay of DeKalb moved that the House do now adjourn.
By unanimous consent,the motion by Mr.Lindsay of DeKalb was withdrawn.
The motion that the House do now adjourn until tomorrow morning at 9:00 otclock prevailed.
Leaves of absence were granted to Messrs. Groover of Troup, Dyer of Coweta, and Daughtry of Wilkinson.
Mr.Lindsay of DeKalb moved that the House reconsider its action in voting to adjourn until tomorrow morning at 9:00 o'clock,and the motion prevailed.
Mr.Sabados of Dougherty 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.

1148

JouRNAL OF THE HousE,

Representative Hall, Atlanta, Ga.

.Tuesday, February 19, 1935
The House met pursuant to adjournment this day at 10:00 otclock, 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

Campbell

Ennis

Allen

Caswell

Etheridge

Almand of Fulton Claxton of Cam- Felton

Almand of Walton den

Flynt

Anderson

Claxton of

Fowler

Ansley of DeKalb Johnson

Freeman of Bibb

Ansley of Lee Clements of Freeman of Early

Arnall

calhoun

Gammage

Atwood

Clements of Gardner

Bannister

Wheeler

Garrett

Bargeron

Cobb

Gavin

Barnard

Cohen

Gilbert

BaiTett

Coleman

Gnann

Batchelor

Coxon

Goolsby

Bennett

Culpepper of Grayson

Benton

Echols

Green

Bond

Culpepper of Griffin of Decatur

Booth

Fayette

Griffin of Floyd

Bowden

Darnell

Groover

Black

Daughtry

Groves

Bland

Davis of Troup Guess

Blease

Deal

Hammock

Bloodworth

Dean

Hampton

Bradley

DeLoach

Hand

Brinson

Dobbins

Harris

Brisendine

Dorris

Harrison

Brooks

Douglass

Hartsfield

Brown of Glynn Durden

Herndon

Brown of Greene Dyer

Head

Brown of Pike Edwards of

Hefner

Burgin

Lowndes

Henderson

Bush

Edwards of Ste- Hogan

Camp

phens

Hogg

TUESDAY, FEBRL\RY l~l, U)3:-).

1149

Holland

Minchew

Settle

Hooks

Mitchell of La- Shedd

Horton

mar

Shirah

Houston

Mitchell of Tal- Smith of Madison

Howard of Chat- iaferro

Smith of Webster

tahoochee

Moore of Clayton Spivey

Howard of Screv- Moore of Haral- Standard

en

son

Steohens

Jackson of Bleck- Morris

Sutton

ley

Moye

Swindle

Jackson of Haber- Mundy

Teasley

sham

Musgrove

Terrell of Hall

Joel

Neal

Terrell of Troup

Johnson

Newby

Terrell of Warren

Johnston

Oden

Thompson

Jones of Brant- Parham

Thrasher

ley

Parker of Col- Tipton

Jones of Lump- quitt

Toms

kin

Parker of Union Townsend

Kelley

Parks

Twitty

Lanier

Parr

Warnell

Lee

Patten of Cook Watkins

Leonard of Mus- Patten of Tift Watson

co gee

Peebles

Weathers

Leonard of Walk- Peek

Weeks

er

Perry

Welsch

Lewallen

Peters

West

Lewis

Pound

Whaley

Lindsay

Preston of Bul- Whitmire

McBride

loch

Williams of Bacon

McCracken

Preston of Wal- Williams of Cof-

McCranie

ton

fee

McCutchen

Ramsey

Williams of Jack-

McGraw

Rawlins

son

McKelvey

Ray

Williams of Jones

McNall

Reagan

Willingham

Mallory

Ross

Wilson

Mann

Sabados

Woods

Manning

Salter

Wrench

Marshall

Sannnon

Young

Martin

Sartain

Zellner

Milam

Saunders

Mr. Speaker

Mills

Scruggs

wsee Appendix,Volume I,for absentees.

1150

JouRNAL or THE HousE,

The following message was received from the Sen-
ate through Mr. Hammond, the Secretary thereof: Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House, to wit: By Mr. Williams of Bacon.
House Bill No.65. A bill to repeal an Act and all amendments thereto entitled an Act to establish a County Criminal Court in certain counties, and for other purposes. By Mr. Oden of Pierce.
House Bill No.llO. A bill to amend an Act to provide and establish a Charter for the City of Blackshear, and for other purposes. By Messrs. Patten of Pierce,Houston and Perry of Worth,Thrasher of Turner and Henderson of Irwin.
House Bill No.l27. A bill to change the time of holding Superior Court in the Tifton Judicial Circuit, and for other purposes. By Messrs. Garrett and Camp of Carroll.
House Bill No.222. A bill to amend the Charter of Villa Rica, Georgia, and for other purposes. By Messrs. Hartsfield,Almand and Ramsey of Fulton.
House Bill No. 343. A bill to amend an Act establishing a new Charter for the City of Atlanta so as to authorize the Mayor and General Council to carry over from year to year a deficit, and for other purposes. By Messrs. Peebles and Felton of Bartow.
House Bill No.414. A bill to amend the Charter of the City ~r Cartersville and fix compensation for Aldermen, and for other purposes. By Messrs. Peebles and Felton of Bartow.
House Bill No.415. A bill to amend an Act in

TUESDAY, FEBRUARY 19, 1935.

1151

reference to the Charter of the City of Cartersville, and for other purposes. By Mr. Moore of Clayton.
House Bill No.481. A bill to amend an Act incorporating the Town of Forest Park, County of Clayton, and for other purposes. By Mr. Brisendine of Peach.
House Bill No.497. A bill providing for holding four terms a year or the Superior Court of Peach County, and for other purposes.
Mr. Preston of Bulloch, 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 or the Journal or yesterdayrs proceedings was dispensed with.
The Journal was confirmed. By unanimous consent, the following was established as the order or business during the first part or the period of unanimous consents: 1. Introduction of bills and resolutions under the Rules of the House. 2. Reports of Standing Committees. 3. Second reading of bills and resolutions,favorably reported. 4. Third reading and passage of local uncontested House Bills and Resolutions. 5. First reading and reference of Senate Bills and Resolutions. By unanimous consent, the following bill of the Senate was recommitted to the Committee on Special Judiciary: By Senator Rucker of the 50th District. Senate Bill No.65. A bill to be entitled an Act to amend an Act amending the Charter of the City of Athens, and for other purposes.

1152

JouRNAL OF THE HousE,

By unanimous consent, the following resolution ot the House was withdrawn from further consideration of the House: By Messrs. Sabados and Durden of Dougherty and Bush ot Miller.
House Resolution No. 56-298c. A resolution proposing to the qualified voters of Georgia, tor ratification or rejection, an amendment to Article VI, Section XV ot the Constitution of Georgia, providing that total divorce shall be granted in such manner and under such limitations and restrictions as the General Assembly may by law prescribe.
By unanimous consent, the following bill of the Senate was withdrawn from the Committee on Hygiene and Sanitation and recommitted to the Committee on General Judiciary No.1: By Senator Millican of the 35th District.
Senate Bill No.75. A bill to be entitled an Act to make it a misdemeanor tor any person, firm or corporation, engaged in the undertaking business to offer compensation or anything of value to any person to induce anyone to employ said undertaker,and tor 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. Campbell of Newton.
House Bill No.685. A bill to be entitled an Act
wtoaydiensigNneawtteonthCeouCnotyviansgto"nOltioveProsr.tePrdoarlteerSMtaetme oHriiaglh,"-
and tor other purposes. Referred to Committee on Counties and County Mat-
ters. By Mr. Campbell of Newton.
House Bill No.686. A bill to be entitled an Act to amend Section 45-308 ot 1933 Code, to change the dates of open season tor hunting to read August 15

Tt.IESDAY, FEBRUARY 19, 1935.

1153

to January 31, and for other purposes. Referred to Committee on Game and Fish.
By Mr. Campbell of Newton. House Bill No.687. A bill to be entitled an Act
to amend Section 45-122 of 1933 Code, to provide that moneys collected from hunting licenses, etc., be used tor enforcing the game laws, and tor other purposes.
Referred to Committee on Game and Fish. By Mr. Marshall of Macon (By Request).
House Bill No.688. A bill to be entitled an Act to pay insolvent cost in certain cases out of county treasury in certain counties, and tor other purposes.
Referred to Committee on Counties and County Matters. By Mr. Lee of Pulaski.
House Bill No.689. A bill to be entitled an Act to repeal an Act creating the office of Commissioner of Roads and Revenue for Pulaski County, and tor other purposes.
Referred to Committee on Counties and County Matters. By Mr. Lee of Pulaski.
House Bill No.690. A bill to be entitled an Act to create and establish a Board of Commissioners of Roads and Revenue for Pulaski County, and for other purposes.
Referred to Committee on Counties and County Matters. By Mr. Lee of Pulaski.
House Bill No.691. A bill to be entitled an Act to amend an Act to abolish the office of Treasurer of Pulaski County; to provide that the Ordinary

1154

JouRNAL or THE HousE,

shall perform the duties, and for other purposes. Referred to Committee on Counties and County Mat-
ters. By Mr. Lee of Pulaski.
House Bill No.692. A bill to be entitled an Act to reduce the official bond of the Sheriff of Pulaski County,and for other purposes
Referred to Committee on Counties and County Matters. By Mr. Terrell of Troup.
House Bill No.693. A bill to be entitled an Act to require corporations owning lands in Troup County to return same for taxation in Troup County,and for other purposes.
Referred to Committee on Special Judiciary. By Messrs. Garrett and Camp of Carroll.
House Bill No. 694. A bill to be entitled an Act to require corporations owning lands in Carroll County to return same for taxation in Carroll County, and for other purposes.
Referred to Committee on Counties and County Matters. By Mr. Douglass of Talbot.
House Bill No.695. A bill to be entitled an Act to regulate the sale of prophylactics and contraceptives, and for other purposes.
Referred to Committee on Hygiene and Sanitation. By Mr. Stephens of Laurens.
House Bill No.696. A bill to be entitled an Act to fix the compensation of the County School Superintendent and members of the Board of Education of Laurens County, and for other purposes.
Referred to Committee on Counties and County Matters.

TUESDAY, FEBRUARY 19, 1935.

1155

By Mr. Zellner of Monroe. House Bill No.697. A bill to be entitled an Act
to amend an Act abolishing the offices of tax collector and tax receiver of Monroe County, and estab. lishing a tax commissioner, and for other purposes.
Referred to Comm1ttee on Counties and County Matters. By Mr. Bland of Stewart.
House Bill No.698. A bill to be entitled an Act to fix the amount of the bond of the Sheriff of Stewart County,and for other purposes.
Referred to Committee on Counties and County Matters. By Mr. Lewis of Burke.
House Bill No.699. A bill to be entitled an Act to amend Section 23-1109 of 1933 Code, so as to provide a per diem compensation of $10.00 for county surveyors, and for other purposes.
Referred to Committee on Counties and County Matters. By Mr. Gnann of Effingham.
House Bill No.700. A bill to be entitled an Act to amend an Act incorporating the City of Springfield, and for other purposes.
Referred to Committee on Municipal Government. By Messrs. Jackson of Bleckley and Gnann of Effingham.
House Bill No.701. A bill to be entitled an Act to regulate wholesale dealers in fruits,vegetables and farm commodities, and for other purposes.
Referred to Committee on Ways and Means. By Mr. Mallory of Twiggs.
House Bill No.702. A bill to be entitled an Act to require certain officers of Twiggs County to pub-

1156

JouRNAL or THE HousE,

lish quarterly reports in the official organ, and for other purposes.
Referred to Committee on Counties and County J:1atters. By Mr. Ray of Appling.
House Bill No.703. A bill to be entitled an Act to amend an Act incorporating the City of Baxley, and for other purposes.
Referred to Committee on Municipal Government. By Messrs. Almand, Hartsfield and Ramsey of Fulton.
House Bill No.704. A bill to be entitled an Act to amend Section 34-101 through 34-701 of 1933 Code by providing for a continuous system of handling registration in Fulton County, and for other purposes.
Referred to Committee on Counties and County Matters. By Mr. Bradley of Tattnall.
House Bill No.705. A bill to be entitled an Act to amend an Act creating and defining the powers and duties of a Board of Commissioners of Roads and Revenue of Tattnall County by changing the means of electing the members of said board, and for other purposes.
Referred to Committee on Counties and County Matters. By Mr. Swindle of Berri0n.
House Bill No.706. A bill to be entitled an Act to amend a1 Act creating the Board of Commissioners of Berrien County; so as to lengthen their terms, and for other purposes.
Referred to Committee on .::ounties and County :Matters.

Tt:ESDAY, FEBRL'ARY 1\l, Hl3.).

1157

By Mr. Ramsey of Fulton. House Bill No.707. A bill to be entitled an Act
to provide for the improvement of labor conditions in manufacturing establishments, and for other purposes.
Referred to Committee on Industrial Relations. By Mr. Johnston of Upson.
House Bill No.708. A bill to be entitled an Act to fix the compensation of the door-keeper,messenger and post master of the House of Representatives,and for other purposes.
Referred to Committee on Halls and Rooms. By Mr. Johnston of Upson.
House Resolution No.l59-708a. A resolution proposing to the voters an amendment to Constitution providing for a Senate of two senators from each congressional District and four from the state at large, and for other purposes.
Referred to Committee on Amendments to Constitution No. 2. By Mr. Johnston of Upson.
House Resolution No.l60-708b. A resolution proposing to the voters an amendment to the Constitu-
tion fixing the term o: office of members of the
General Assembly, at four years,and for other purposes.
Referred to Committee on Amendments to Constitution No. 2. By Mr. Johnston of Upson.
House Resolution No.l6l-708c. A resolution proposing an amendment to the Constitution providing that the House of Representatives .shall consist of two members from each legislative District,and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.

1158

JouRNAL or THE HousE,

By Mr. Williams of Jackson. House Resolution No.l62-708d. A resolution to
appropriate funds to pay note due Riches Piver and Company, and for other purposes.
Referred to Committee on Special Appropriations. By Mr. Musgrove of Clinch.
House Bill No.709. A bill to be entitled an Act to levy and collect certain taxes from assessment life insurance companies, and for other purposes.
Referred to Committee on Insurance. By Messrs. Culpepper of Fayette and Spivey of Emanuel.
House Bill No.710. A bill to be entitled an Act to amend the income tax law of 1931, so as to provide for the levy and collection of additional tax on the income of certain securities, and for other purposes.
Referred to Committee on Ways and Means. By Messrs. Woods of Emanuel, McNall of Chatham and -Martin of Jeff Davis.
House Bill No.7ll. A bill to be entitled an Act to provide for the repeal and abolition of all laws requiring citizens to maintain fences to protect crops, and for other purposes.
Referred to Committee on Special Judiciary. By Mr. Culpepper of Fayette.
House Bill No.712. A bill to be entitled an Act to fix the compensation of tax receivers, tax collectors and tax commissioners for the collection of state taxes, and for other purposes.
Referred to Committee on Special Judiciary. By Messrs. Perry and Houston of Worth.
House Bill No.713. A bill to be entitled an Act to repeal an Act consolidating the offices of tax

Tt;ESDAY, FEBRLARY 19, 1(}3.J.

1159

receiver and tax collector of Worth County, and for other purposes.
Referred to Committee on Counties and County Matters. By tlessrs. Perry and Houston of Worth.
House Bill No.714. A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues of Worth County, to provide for their election, and for other purposes.
Referred to Committee on Counties and County Matters. By tlessrs. Perry and Houston of Worth.
House Bill No.715. A bill to be entitled an Act to amend an Act establishing a City Court in the City of Sylvester, and for other purposes.
Referred to Committee on Counties and County Hatters.
tlr. Lanier of Richmond County, Chairman of the Committee on Amendments to Constitution No. 1, submitted the following report: tlr. Speaker:
Your Committee on Amendments to Constitution No.1 have had under consideration the following bill and resolution of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 621, do pass. House Resolution No.ll7-588d, do not pass.
Respectfully submitted, Lanier of Hichmond, Chairman.
Mr. Brown of Glynn County Chairman of the Committee on Counties and County Matters, submitted the following report:

1160

JouRNAL OF THE HousE,

Mr. Speaker:

Your Committee on Counties and County Matters have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendation:

House Bill No.669, do pass.

Respectfully submitted, Brown of Glynn, Chairman.

Mr. Barrett of Richmond County, Vice-chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. Speaker:

Your Committee on Counties and County Matters

have had under consideration the following bills

mofantiheto

House repo

and have instructed me rt the same back to the

as Vice-GhairHouse with the

fol owing recommendations:

House Bill No. 524, do pass. House Bill No. 523, do pass. House Bill No. 565, do pass. House Bill No. 566, do pass. House Bill No. 567, do pass. House Bill No. 568, do pass. House Bill No. 569, do pass. House Bill No. 174, do pass, by substitute.

Respectfully submitted, Barrett of Richmond, Vice-chairman.

tlr3 Leonard of Walker County, Chairman of Committee on Enrollment, submitted the following report:

TuESDAY, FEBRUARY 19, 1935.

1161

l1r. Speaker: Your Committee on Enrollment has examined, found
properly enrolled and ready for transmission to the Governor the following bills and resolutions of the House, to wit: By Mr. Rivers of Lanier.
House Bill No. 1. A bill to be entitled an Act to ratify, approve and confirm the executive orders of the Governor suspending the collection of a portion of the Motor vehicle tag taxes and license fees, and tor other purposes. By Mr. Rivers of Lanier.
House Bill No. 2. A bill to be entitled an Act to amend Title 68 ("Motor Vehicle") Chapter 68-2 ("License for motor vehicles and Chauffeurs"), of the Code of Georgia of 1933, by striking all of Section 68-210 of said title and chapter which provides tor the registration of motor vehicles at half year rates and quarter year rates, and for other purposes. By Mr. Rivers of Lanier.
House Bill No.3. A bill to be entitled an Act to authorize and direct the State Highway Department to pay two million dollars of surplus funds into the State Treasury; to provide tor the disbursement of said funds t0 pay school teachers and Confederate Pensioners, and for other purposes. By Mr. Rivers of Lanier.
House Bill No.5. A bill to be entitled an Act to define the status of the Regents of the University system of Georgia and of the members of the Board of Regents of the University system of Georgia,and tor other purposes. By Messrs. Lanier,Harris and Barrett of Richmond.
House Bill No.ll. A bill to be entitled an Act to amend the Charter of the City of Augusta so as to provide for a Mayor for the City of Augusta; to provide for a special election, and for other purposes.

1162

JouRNAL oF THE HousE,

By Messrs. LanierL Harris and Barrett of Richmond. House Bill No.l0. A bill to be entitled an Act to
amend the Charter of the City of Augusta so as to abolish the office of Mayor of the City of Augusta, and for other purposes. By Mr. Darnell of Pickens.
House Bill No.l8. A bill to be entitled an Act to provide for the holding of three terms in each year of Superior Court in Pickens County, and for other purposes. By Messrs. Hartsfield of Fulton, Harris of Richmond and Arnall of Coweta.
House Resolution No.30. A resolution requesting Senators to vote or use their influence against the entry of the United States into the World Court,and for other purposes. By Mr. Harris of Richmond.
House Resolution No.36. A resolution requesting Governor to declare vacaut within ten days, any office or position where held by any person holding at the same time any Federal office, position,etc. By Messrs. Moye and Blease of Brooks.
House Bill No.49. A bill to be entitled an Act to fix the amount of the bond of the sheriff of Brool<B County at $5000.00, and for other purposes. By Messrs. Sammons of Gwinnett,Lanier and Harris of Richmond, Spivey of Emanuel,Sabados of Dougherty and Culpepper of Fayette.
House Bill No.56. A bill to be entitled an Act to amend an Act entitled an Act to establish a Department of Insurance so as to better regulate the business of life insurance companies and fraternal benefit societies and similar companies, or societies doing business in this State, and for other purposes. By ~rr. Harris of Richmond.
Bouse Resolution No.69. A resolution approving the action of the Governor in suspending the members

TUESDAY, FEBRUARY 19, 1935.

1163

of the public service commission, and for other purposes.

By Messrs. Manning and Welsch of Cobb. House Bill No.l02. A bill to be entitled an Act
to create four terms of Superior Court of Cobb County, and for other purposes.

By Mr. Oden of Pierce.

_

House Bill No.lll. A bill to be entitled an Act

to amend an Act requiring the Board of Commissioners

of Roads and Revenues of Pierce County to live in

the City of Blackshear, and for other purposes.

By Mr. Warnell of Bryan. House Bill No.ll2. A bill to be entitled an Act
to authorize the tax collecting offices of Bryan County to collect delinquent taxes by levy and sale in the same manner as sheriffs are now authorized to collect same, and for other purposes.

By Mr. Warnell of Bryan. House Bill No.ll3. A bill to be entitled an Act
to amend an Act creating a Board of Commissioners of Roads and Revenues of Bryan County, and for other purposes.

By Mr. Batchelor of Putnam. House Bill No.l24. A bill to be entitled an Act
to fix the amount of the bond of the Sheriff of Putnam County, and for other purposes.

By Mr. Dobbins of Morgan. House Bill No.l43. A bill to be entitled an Act
to create the office of Commissioner of Roads and Revenues in and for the County of Morgan, and for other purposes.

By Mr. Almand of Fulton. House Bill No.l51. A bill to be entitled an Act
to provide for the payment of fees of Justices of the Peace out of County funds in lieu of fines and forfeitures in counties having a certain population, and for other purposes.

1164

JouRNAL OF THE HousE,

By Messrs. Hartsfield, Ramsey and Almand of Fulton. House Bill No.l52. A bill to be entitled an Act
to amend an ~ct changing the compensation of officers from a fee to a salary system in counties having a certain population, and for other purposes. By Mr. Almand of Fulton.
House Bill No.l87. A bill to be entitled an Act to amend an Act providing additional duties for Coroners in Counties or a certain population, and for other purposes. By Messrs. Hartsfield, Almand and Ramsey of Fulton.
House Bill No.224. A bill to be entitled an Act to provide that no person,firm or corporation shall establish any dance hall,amusement park,etc. outside the limits of cities or towns having a population or 200,000 or more without permission or county authorities, and for other purposes. By Messrs. Ramseyl.. Ha.l"t. s.i'ield and Almand or Fulton.
House Bill No.2G6. A bill to be entitled an Act to authorize the Boards or Education or all counties in the State or Georgia, having a population of more than 200,000 to borrow money for operating schools, and for other purposes. By Mr. Guess of DeKalb.
House Bill No.233. A bill to be entitled an Act to amend the Charter of the City of Lithonia, Georgia, and for other purposes. By l'lr. Salter of Baker.
House Bill No.255. A bill to be entitled an Act to prohibit the assessing of road Taxes in Baker County, and for other. purposes. By Iir. Hammock of Randolph.
Bouse Bill I'To .258. A bill to be entitled an Act t create a 3)ard of Commissioners of Roads and :. :ve':1.;es for ?.andolph County, and for other purposes. ~v ~essrs. ~:sston and Deal of Bullock.
'-;.:ce sn: I-'J.254. A bill to be entitled an Act

TuESDAY, FEBRUARY 1\'1, 193:J.

1165

to abolish the fee system with reference to the Solicitor qeneral of the Ogeechee circuit, and for other purposes. By Mr. Hammock of Randolph.
House Bill No.287. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Randolph County, and for other purposes. By Mr. Martin of Jeff Davis.
House Bill No.296. A bill to be entitled an Act to fix the amount of bond given by Sheriff of Jeff Davis County, and for other purposes.
Respectfully submitted, Leonard of Walker, Chairman.
Mr. Johnson of Seminole County, Chairman of the Committee on General Agriculture No. 2, submitted the following report: Mr. Speaker:
Your Committee on General Agriculture No.2 have had under consideration the following bills of the House and Senate and have instructed me as Chairman1 to report the same back to the House with the fol owing recommendations:
House Bill No.l34, do pass. Senate Bill No.62, do pass, as amended.
Respectfully submitted, Johnson of Seminole, Chairman.
Mr. Peek of Polk County, Chairman of the Committee on Hygiene and Sanitat1on, submitted the following report: Mr. Speaker:
Your Committee on Hygiene and Sanitation have had

1166

JouRNAL OF THE HousE,

under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendation:

House Bill No.656, do pass.

Respectfully submitted, Peek of Polk, ChairnBn.

Mr. Clements of Wheeler County, Chairman of the Committee on Municipal Government, submitted the following report:

Mr. Speaker:

Your Comrrdttee on Municipal Government have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

House House

Bill Bill

NNoo..3648621,

do do

pass. pass.

Respectfully submitted, Clements of Wheeler, Chairna.n.

Mr. Grayson of Chatham County, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary have had under consideration the following bills and/or resolutions of the House and/or Senate and have instructea me as Chairm~n, to report the same back to the House with the following recommendations:

House Bill No. 471, do pass. House Bill No. 605, do pass.

TuESDAY, FEBRUARY 19, 1935.

1167

House Bill No. 470, do pass. House Bill No. 473, do pass. House Bill No. 662, do pass. House Bill No. 627, do pass. House Bill No. 628, do pass. House Bill No. 612, do pass. House Bill No. 290, do pass. House Bill No. 350, do pass. House Bill No. 658, do pass. House Bill No. 595, do pass as amended. House Resolution No. 150-665a, do pass. House Resolution No. 145-639c, do pass. House Resolution No. 144-639b, do pass. Senate Bill No. 81, do pass.
Respectfully submitted, Grayson of Chatham, Chairnan.
Mr. Williams of Coffee County, Chairman of the Comndttee on Temperance, submitted the following report: Mr. Speaker:
Your Committee on Temperance have had under consideration the following bill of the House and have instructed me as Chairman to report the same back to the House with the foliow1ng recommendation:
House Bill No. 90, do pass. Respectfully submitted, Williams of Coffee, Chairn:an.
By unanimous consent,the following bills and resolutions of the House and Senate,favorably reported, were read the second time: By Senators Gaskins of the 6th District and Simmons of the 8th District.
Senate Bill No. 62. A bill to be entitled an Act fixing a maximum charge by leaf tobacco warehouses of this state for selling and handling leaf tobacco, and for other purposes.

1168

JouRNAL oF THE HousE,

By Senator Redwine of the 26th District. Senate Bill No.Bl. A bill to be entitled an Act
to permit Building and Loan Associations to accept advantages offered under the Home Owners Loan Act of 19331 and for other purposes. By Messrs. Culpepper of Fayette, Harris, Lanier and Barrett of Richmond.
House Bill No.90. A bill to be entitled an Act to provide for license and tax upon the business of dealing in malt beverages, and for other purposes.

By Mr. Almand of Walton.

House Bill No.l34. A bill to be entitled an Act

making it or barter

unlawful for any planting

any person to seed different

a

dv in

evratrisiee~1ys

e

l

l

from that so advertised,sold,bartered or exchanged,

and for other purposes.

By Mr. Douglass of Talbot. House Bill No.l74. A bill to be entitled an Act
to authorize the county commissioners. or other county authorities, in counties of 15,000 population or less to supplement the compensation of the sheriff, and for other purposes.

By Mr. Swindle of Berrien. House Bill No.290. A bill to be entitled an Act
to amend Section 39-802 of Chapter 39-8 of 1933 Code, to provide that plaintiff in fi4fa.might bring a petition in equity,and for other purposes.

ByHMouessesrBs.ilHl aNrots.3f4ie6l.dA1

Almand and bill to be

Ramsey of Fulton. entitled an Act

to amend an Act establishing a new Charter for the

City of Atlanta, by abolishing the office of Warden,

and for other purposes.

By Messrs. House Bi

H ll

aNrots.3f5ie0l.dA1

Almand and bill to be

Ramsey of Fulton. entitled an Act

to make penal the reporting or sending in of false

fire alarms,and for other purposes.

TUESDAY, FEBRUARY 19, 1935.

1169

By Mr. Almand of Fulton. House Bill No.470. A bill to be entitled an Act
to amend Section 113-601 of 1933 Code; to authorize corporations to make transfers of stock and other securities on the authority of an executor, and for other purposes. By Mr. Almand of Fulton.
House Bill No.471. A bill to be entitled an Act to amend Section 113-1724 of 1933 Code; to provide for sales of stock by advertisement, and for other purposes. By Mr. Almand of Fulton.
House Bill No.473. A bill to be entitled an Act to amend Section 49-206 of 1933 Code to provide for sale of stocks, etc., by guardians, and for other purp9ses. By Mr. Henderson of Irwin.
House Bill No. 523. A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Irwin County and to establish the office of Tax Commissioner of Irwin County, and for other purposes. By Mr. Henderson of Irwin.
House Bill No.524. A bill to be entitled an Act to amend an Act creating a Board or Commissioners of Roads and Revenue for Irwin County, and for other purposes. By Mr. Ross of Dodge.
House Bill No.565. A bill to be entitled an Act to provide that all warrants relating to Superior Court of Irwin County, shall be drawn by Clerk of Superior Court, and for other purposes. By Mr. Ross of Dodge.
House Bill No.566. A bill to be entitled an Act to repeal an Act which provides for the consolidation of offices of Tax Receiver and Tax Collector of Dodge County, and for other purposes.

1170

JouRNAL oF THE HousE,

By Mr. Ross of Dodge. House Bill No.567. A bill to be entitled an Act
to amend an Act creating a new Charter for the City of Eastman, to provide that all candidates for office shall be qualified voters of the said city, and for other purposes. By Mr. Ross of Dodge.
House Bill No.568. A bill to be entitled an Act to repeal an Act providing for payment of salary
. in lieu of fees to Clerk of Superior Court of Dodge
County, and for other purposes By Mr. Ross of Dodge.
House Bill No.569. A bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenue for Dodge County, to provide that said commissioner shall be vested with full power to execute contracts, and for other purposes. By Mr. Almand of Fulton.
House Bill No.605. A bill to be entitled an Act to amend Section 113-1505 of 1933 Code, to provide authority to administrators and executors to make distribution, and for other purposes. By Messrs. Mitchell of Taliaferro and Sutton of Wilkes.
House Bill No.612. A bill to be entitled an Act to allow the United States to acquire lands in certain counties, and for other purposes. By Mr. Clements of Wheeler.
House Bill No.621. A bill to be entitled an Act to propose to the voters an amendment to the Constitution authorizing the levying of a tax for the payment of care of widowed mothers with dependent children,and for other purposes. By Mr. Howard of Screven.
House Bill No.627. A bill to be entitled an Act to amend an Act establishing the City Court of Sylvania, and for other purposes.

TUESDAY, FEBRUARY 19, 1935.

1171

By Mr. Ansley of Lee. House Bill No.628. A bill to be entitled an Act
to amend an Act establishing the City Court of Leesburg, and for other purposes. By Messrs. Stephens of Laurens and Sutton of Wilkes.
House Resolution No.l44-639b. A resolution to investigate the right of the National Surety Corporation to continue business in Georgia,and for other purposes. By Mr. Almand of Fulton.
House Resolution No.l45-639c. A resolution to release Mrs. Lucile M. Greene as surety on bond in Fulton Superior Court, and for other purposes. By Messrs. Hand of Mitchell and Groves of Lincoln.
House Bill No.656. A bill to be entitled an Act to amend Section 84-402 of Chapter 84-4 of 1933 Code, so that said section and chapter shall not apply to certain counties, and for other purposes. By Mr. Joel of Clark.
House Bill No.658. A bill to be entitled an Act to require candidates for General Assembly in certain counties to designate the candidate which they oppose, and for other purposes. By Mr. Watson of Paulding.
House Bill No.662. A bill to be entitled an Act to prohibit certain persons from buying or selling to certain counties, and tor other purposes. By Messrs. Bannister and Tipton of Thomas.
House Resolution No.l50-665a. A resolution to relieve James Dixon as surety on bond in City Court ot Thomasville, and for other purposes. By Messrs. Harris, Lanier and Barrett of Richmond.
House Bill No.669. A bill to be entitled an Act to amend an Act creating a Board of Civil Service Commissioners for the City of Augusta, and for other purposes.

1172

JouRNAL OF THE HousE,

By Mr. Freeman of Early. House Bill No.682. A bill to be entitled an Act
to repeal Sections 2 and 4 of an Act creating the City of Blakely, and tor other purposes.

By unanimous consent, the following bill of the House was read the third time and placed upon its passage:

By Messrs. Lanier, Harris and Barrett of Richmond. House Bill No.532. A bill to be entitled an Act
to appoint and designate the Board of Education of Richmond County, a body to administer all funds derived from the sale of surplus certificates of indebtedness of the Highway Department, and for other purposes.

The report of the Co~ttee, which was favorable to the passage of the bill, was agreed to.

On
nays

ot h. e

passage

of

tile

bill,

the

ayes

were

105,

The bill having received the requisite constitutional majority was passed.

By unanimous consent, the following bill and resolution of the Senate were read the first time and referred to the Committees:

By Senator Evans of the 29th District. Senate Bill No.l7. A bill to be entitled an Act
to amend an Act entitled an Act to prohibit the use of steel or other like devices in trapping or catching any bird game, or animal in this state, so that. said Act shail not apply to McDuffie County,and tor other purposes.

Referred to Committee on Game and Fish.

By Senator Chappell of the 13th District. senate Resolution No.28. A resolution to instruct

TUESDAY, FEBRCARY Hl, 1935.

1173

the Highway Department to pave certain roads, and for other purposes.

Referred to Committee on Highways No. 2.

By unanimous consent, further consideration ot the following bills of the House were postponed until Monday, February 25th, immediately after the expiration of the period of unanimous consents:

By Messrs. Jackson of Blackley, Edwards of Lowndes,

and others.

House Bill No.333. A bill to be entitled an Act

to repeal a certain Section of the Cpde of Georgia

Aofsse1m93b3ly1

which shall

provides that members of the General not be eligible, during their term,

to be appointed or employed by any Department of

the State, and for other purposes.

By Mr. Preston of Walton.
House Bill No.392. A bill to be entitled an Act to provide for an excise tax on all oleomargarine, and for other purposes.

The following resolution of the House was read and adopted:

By Messrs. Benton of Jasper,Fowler of Treutlen, and Spivey of Emanuel.
House Resolution No.l63. A Resolution- Whereas, the farmers of this State are now about to purchase fertilizer for their crops; and

Whereas, it appears that the price of fertilizer is far in advance of that authorized by the price of fertilizing materials and that prices quoted for fertilizers in Georgia are substantially two dollars per ton higher than prices quoted in Alabama for the same fertilizers; and

Whereas, many farmers are being denied the privilege of purchasing and mixing their own tertil1z1ng material; an(l

1174

JouRNAL or THE HousE,

Whereas, the price of fertilizer is a matter of vital importance to the farmers of Georgia and it is absolutely essential that they be able to obtain fertilizer and fertilizing materials at the lowest possible cost;
Therefore, be it resolved by the House of Representatives that a committee of five members of the House shall be appointed by the Speaker to investigate the fertilizer industry and ascertain and report to the House whether or not there exists any combination or agreement between fertilizer manufacturers or others for the advancement of the price of fertilizers to farmers in Georgia;
Further, be it resolved that said Committee be and the same is hereby authorized to conduct hearings, summon witnesses and take such other steps as may be necessary for a thorough investigation of the fertilizer industry in this State;
Further, be it resolved, that the cost of this investigation be paid from the Contingent Fund of the House on the certificate of the Speaker.
Under the provisions of the above resolution,the Speaker appointed the following members of the House, as a Committee to investigate the fertilizer industry:
Messrs. Benton of Jasper, Fowler of Treutlen, Spivey of Emanuel, Felton of Bartow, and Freeman of Early.
Mr. Clements of Wheeler asked unanimous consent that House Bill No.406 be printed, and the request was not granted.
Mr. Flynt of Spalding moved that House Bill No. 406 be pri~ted, the motion prevailed, and House Bill No.406 was ordered printed.

TuESDAY, FEBRUARY 19, 1935.

1175

Mr. Culpepper of Fayette asked unanimous consent that the Committee on Appropriations be granted until Thursday, to report the General Appropriations Bill back to the House, and the ~equest was granted.
By unanimous consent, House Bill No.90 was ordered printed.
Mr. Harris of Richmond asked unanimous consent that when the House was resolved into the Committee of the Whole House for the purpose of considering House Bill No.l44, that individual speeches of members be limited to ten minutes each, and that speeches of authors of substitutes and amendments be limited to twenty minutes in the Committee of the Whole House, and the request was granted.
Under the order of business established by the Committee on Rules on yesterday, the following bill of the House was taken up for consideration and read the third time: By Messrs. Groves of Lincoln, Grayson of Chatham, Moore of Clayton and Bargeron of Burke.
House Bill No.i44. A bill to be entitled an Act declaring the business of manufacturing,rectifying, blending,distributing at wholesale and in packages only of vinous,spirituous, and alcoholic liquors for beverage purposes, is a privilege under the laws of this State; providing licenses and excise taxes; the issuing of permits, and for other purposes.
The following Committee Substitute to House Bill No.l44 was read.
A BILL To be entitled an Act to legalize the manufacture, possession,transportation and sale of vinousJspirituous and alcoholic liquors; to authorize the State Revenue Commission to issue permits to engage in the manufacture, and/or sale of such liquors in counties voting in favor thereof at special elections; to provide the manner and method of holding

1176

JouRNAL or THE HousE,

such elections; to provide for licenses,permit fees and taxes upon such businesses; to provide for the distribution of such license fees and taxes; to proh!bit the sale of &uch liquors to minors; to authorize the revocation of such licenses; to authorize counties and municipalities to levy and collect license taxes on such businesses within certain 11mits; to authorize municipalities to prescribe police regulations for such businesses; to provide penalties for violations of this Act; to repeal laws in conflict with this Act; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That from and after the passage and approval of this Act it shall be lawful to manufacture,possess,transport,or sell any vinous,sp1r1tuous or alcoholic liquors, as here~nafter defined, subject to the provisions of this Act.
Section 2. That the term vinous spirituous or alcoholic liquors shall mean d1st1lied liquors and wines but shall not include malted 11quors,ales or beers.
Section 3. That the term "manufacturer" as used in this Act shall mean any person,firm or corporation engaged in manufactur1ng,distilling or rectifying or blending any vinous,spirituous or alcoholic liquors other than malt liquors.
The term "wholesale distributor" as used in this Act shall mean any person, firm or corporation sell-
ing or distributing vinous,spirituous or alcoholic liquors to retail distributors only, for resale.
The term "retail distributor" as used in this Act shall mean any person,firm or corporation selling vinous,sp1rituous,or alcoholic liquors at retail to the consumer.
Section 4. That every person desiring to engage in the business of manufactur1ng,or selling of any such vinous,spir1tuous or alcoholic liquors shall,

TUESDAY, FEBRUARY 19, 1935.

1177

before doing so, obtain a permit from the State Revenue Commission and pay the license tees hereinafter prescribed. The State Revenue Commission is authorized to issue permits to (1) manufacturers, (2) wholesale distributors, and (3) retail distributors, but shall issue no other form of permit. The application for such permit shall be in such form as may be prescribed by the State Revenue Commission and shall be accompanied by a certificate of the proper authority of the county or municipality in which such business is proposed to be carried on, showing payment of the license tees required by such county or municipality as hereinafter provided tor.
Section 5. That if such business is proposed to be carried on within the corporate limits of a municipality, the applicant for a license shall pay to the proper authority of the municipality the municipal license fee fixed by the governing authority of the municipality,which shall not exceed One Thousand Dollars ($1000.00) for manu!acturers,Five Hundred Dollars ($500.00) tor wholesale distributors, and Two Hundred Fifty Dollars ($250.00) for retail distributors. If such business is proposed to be carried on outside of the corporate limits of any municipality, the applicant !or-such license shall pay to the ordinary, or board of county commissioners, as the case may be, of the county,such license tee as may be fixed by such county authorities, not exceeding One Thousand Dollars ($1000.00) for manufacturers,Five Hundred Dollars ($500.00) for wholesale distributors and Two Hundred Fifty Dollars ($250.00) for retail distributors; and said county authorities are hereby authorized, in addition to any other license fees or taxes authorized by law to be laid and collected, to require the payment of such license fees by persons engaging in such business in such counties,without the limits of anymun1cipality, and subject to the limitation as to amount herein provided. No county authority shall require the payment of any county license fee of any person proposing to carry on such business in such county but within the limits of a municipality nor shall any such municipality require the payment of any

1178.

JouRNAL OF THE HousE,

such license tee by any person proposing to carry on such business without the corporate limits or such municipality,1rrespect1ve or any extension or police jurisdiction by the charter or such mun1c1pal1ty beyond its corporate limits: Provided,that the license tee or tax required or persons engaged in such business by such municipalities shall not exceed the amount herein named,anything in the charter or ordinances or such municipality to the contrary notwithstanding; nor shall municipality withhold any such license because or any failure or refusal to pay a greater amount as a license tee than the amounts herein prescribed.
Section 6. That upon the filing or such application, accompanied by a certificate or the proper authority or the county or municipality in which the ~usiness is proposed to be carried on,showing payment or the county or municipal liceuse ree,and upon the payment or the further sum or $50.00 as a general State permit tee, the State Revenue Commission shall issue to the applicant a permit to carrv on the business or manufacturing or selling,at wholesale or retail,such liquors: Provided,such business is proposed to be carried on in a county in which the same has been authorized by a majority or the qualified voters voting in said election at a special election held under the provisions or this Act.
Section 7. That each permit issued in accordance with the provisions or the foregoing section shall expire on December 31 or the year in which the same is issued and the holder or such permit shall not continue in such business beyond the expiration date or the permit, without renewing the same and paying a new tee ot $50.00 tor each year: Provided, that where such permit 1s applied tor after the beginning or the year, the permit tee or $50.00 shall be prorated on a monthly basis,counting each traction or a month as a whole month.
Section a. That in addition to the permit and li-
cense tees herein provided tor and in addition to

TUESDAY, FEBRUARY 19, 1935.

1179

all other taxes imposed by law,every retail distributor of such vinous, spirituous,or alcoholic liquors shall pay to the State tor the privilege or car~ ing on or doing such business a tax or ten (10%} per cent. or the gross receipts from such business as herein defined. Such tax shall be paid without assessment by any officer ot the State and shall be calculated upon the entire amount or the gross receipts from all sales of such liquors including all cash,credits or property of any k1nd.received by any such detail distributor in exchange tor any of the liquors described in this Act in the course of any business as herein defined,transacted within this State.
Section 9. That every such distributor shall make returns on oath to the State Revenue Commlssion,on torms prescribed by the Comm1ss1on,showing the amount of his gross receipts tor each calendar month. Such returns shall be tiled with the Commission not later than the 15th day of the next succeeding month. T~e tax payer shall pay to the State Revenue Comm1ss1on,without any reduction whatever,the full amount or the tax due under this Act upon the amount of the gross sales shown by such return,and the Commission shall reject any return not accompanied by the full amount or the tax shown to be due thereunder. If any tax payer sball,tor any reason,be unable to make such return, the same shall be made by any duly authorized agent or attorney in fact of the tax payer,approved by the State Revenue Commission tor that purpose. The State Revenue Comm1ss1on1for good cause,may extend the time for making sucn return for not exceeding thirty (30) days and any such extension shall operate to extend the due date of the tax payable hereunder. Every such return shall Show the total gross receipts of the tax payer from the sale of such liquors during the month tor Which it is made,or any part thereof,and the name and address of each person interested as an owner in the business for which the return is made. If any tax payer shall fall to make such return within fifteen (15)days after the expiration of any month,the State Revenue Commission shall

1180

JouRNAL OF THE HousE,

enter the same from the best information available

and shall add thereto, as a part or the tax and

in addition thereto, five (5%) per cent of the

amount of the gross receipts as shown by the return.

The tax payer shall be notified,within ten (lO)days,

of such return and the amount of the tax and the

same shall be or corrected

i

prima facie n accordance

choerrreewcit~1hu.n

le

s

s

changed

Section 10. That every such retail distributor

shall furnish to the State Revenue Commission a bond

with good and solvent security,to be approved by

the Comm1ssion,in such sum as the Commission may

direct, not to exceed Five Thousand Dollars oo),conditioned for the compliance with all

o($f5 ~1 h0e0 0 . -

provisions or this Act and the filing of true re-

turns, and the payment of all taxes due hereunder.

Upon any default in the payment of such taxes,or

the filing of such returns, the State Revenue Com-

mission shall proceed against the principal and

surety on said bond as authorized by this Act and

shall have the same remedies against the surety

thereon as against the principal .

Section 11. That as soon as practicable after each return is filed the State Revenue Commission shall examine the same, or cause it to be examined, and compute and determine the amount of the tax payable thereon. If it should appear from the examination of the return, or from the examination of any record or the tax payer, or other inquiry or investigation, that the correct amount of the tax is greater or less than that shown on the return the tax shall be recomputed and corrected accordingly and notice of such correction forwarded to the tax payer. If the amount already paid is less than the amount due, the difference shall be added to the total amotm.t of tax as shown by the return,with the addition of ten (10%) per cent of the amount or such deficiency as a penalty for failure to make a correct return,which shall become a part of the tax and be collectible as herein provided. In case of the payment by any tax payer of an amount greater than that due, the excess may be credited on any

TuESDAY, FEBRUARY 19, 1935.

1181

tax due from the same tax payer for any other per1od,or retained tor credit against any tax payable tor any subsequent period,or the same may be refunded by the State Revenue Commission from other taxes collected hereunder; Provided, that every such refund shall be approved by the State Auditor.
Section 12. The tax herein required to be paid shall become due and payable on the 15th o! each month succeeding that in which any such sales were made, and shall be paid with the return herein required to be filed. Upon the failure or any such tax payer to pay such tax with the return,an additional tax in the amount or ten (10%) per cent. o! the tax shown to be due on the return, shall be added thereto in lieu or any other penalty provided by law.
Section 13. That every such retail distributor o! liquor shall keep and P.reserve such records or gross receipts !rom sales and such other records as may be prescribed by the State Revenue Commission tor determination or the amount or the tax accruing under this Act. Such records shall be retained for a period or three (3) years and at any time may be inspected by the State Revenue Commlssion,or any member thereor,or any person designated by the Commission during reasonable business hours, and upon demand therefor the tax payer or person having custody or such records shall produce them tor examination. If any tax payer shall tail to keep such records the State Revenue Commission may assess the amount or the tax from the best intorma.tion available and the amount so assessed shall be paid in the same manner as if computed from a return filed by the tax payer. For the purpose or making such assessment the. State Revenue Commission shall have access to the books and records or any manufacturer or wholesale distributor as defined in this Act. Every manufacturer and every wholesale distributor shall preserve records or all sales made to retail distributors tor a period or three years.

1182

JouRNAL OF THE HousE,

Section 14. That any tax payer who may be ag-

grieved by the action of the State Revenue Commis-

sion in fixing the amount of such taxes or in 1m-

posing any additional tax hereunder,may apply to

the Commission in writing within thirty (30) days

after notice of such action is delivered or mailed

to him, for a hearing and a correction of the amount

of the tax so fixed,setting forth the reasons whY

such hearing should be granted and the amount the

tax should be reduced. The Commission shall prompt-

ly consider such application and shall have such

hearing thereon as may be deemed necessary by the

Commission for a determination of the question in-

volved. The Commission may by notice in writing at

any time within three years after the date when

any return of any tax payer should have been made,

order a hearing thereon and require the tax payer

or any other person believed to be in possession of

information concerning any taxable receipts, to ap-

pear before the Commission,. or its duly authori~ed

agent,with such records,books and documents as may

be necessary for a determination of the liability

of any such tax payer. The Commission may,after

such mine

htheearaimngo,uanstseosfs1r1eaabs1s1e1stsy,doeftetrhme1ntaexopraryeedr eatnedr-

shall within ten (10) days after its order thereon,

notify the tax payer, by mail, thereof.

Section 15. That any tax payer who may feel aggrieved at any decision of the State Revenue Commission as authorized by this Act,may, within thirty (30) days from the date thereof,appeal to the Superior court of the county of the residence of such tax payer from the decision of the State Revenue Commission. Such appeal shall be in the form of a petition and shall set forth all of the relevant facts and a copy of which shall be served upon the State Revenue Commission as in other cases at law. The court shall proceed in a summary manner to hear and determine such cause at the first term, and at such nearing the trial judge may pass upon and determine all questions of law and fact without the intervention of a jury: Provided, that the judge may, in his discret1on,1mpanel a jury for the

1183
determination of any issue of fact. The decision of the court shall be subject to review as in other cases at law. On such appeal the court shall give judgment for the amount of any tax due by the tax payer, with any penalties accrued thereon.
Section 16. That the State Revenue Commission may issue execution against any tax payer for any tax due under this Act as provided in case of other taxes due the State, and the tax payer shall have the rights and remedies provided by Section 92-7301 of the Code of Georgia of 1933.
Section 17. The State Revenue Commission may employ such clerical help, agents and inspectors and other employees as may be necessary for the proper enforcement of this Act and fix their compensation.
Section 18. That ten (10%) per cent. of the entire amount of the State taxes collected hereunder, including permit fees, is hereby allocated to the State Revenue C9mmission and continuously appropriated for the purpose of defraying the expense of enforcing this Act.
Section 19. That any person who shall engage in manufacturing or selling at wholesale or retail any such vinous,spirituous or alcoholic liquors without first obtaining a permit from the State Revenue Commission as herein provided fori or without first paying any license fee or tax evied by any county or municipality as herein provided for shall be guilty of a misdemeanor. Any person,firm or corporation who shall continue any such business without making monthly returns of gross receipts to the State Revenue Commission as herein provided and paying the tax thereon shall be guilty of a misdemeanor. In either case the State Revenue Commission may revoke any permit or license issued to any such person,firm or corporation.
Section 20. Nothing in this Act shall be construed to prohibit municipalities from adopting such reasonable rules and regulations as may be deemed advisable,and fall within the police powers of such

1184

JouRNAL OF THE HousE,

mun1cipal1ties shall require

~1hperovp1aydmedentthoa

t f

no a

such grea

mu ter

nicipali license

t

y fee

than that prescribed by this Act.

Section 21. No permit shall be issued by the State Revenue Commission for the manufacture or distribution, at wholesale or retail,of any vinous, spirituous or alcoholic liquors or beverages in any county 1n this State except upon and after an election held in such county in the manner hereinafter provided.

Section 22.-Upon a written petition signed by one-tenth of the voters of any county qualified to vote for members of the General Assembly, the ordinary shall order an election to be held within forty days from the date of the filing of such petition in his office, to determine Whether or not permits may be issued by the State Revenue Commission for carrying on the business of manufacturing and/ or selling such liquors in such counties. Such election shall be held under the rules governing elections for members of the General Assembly but no such election shall be held during any month in which a general election is held in such county or in which a primary for the nomination of State or county officers is held in such county, and every such election shall be held independently of any other election. In determining whether a sufficient number of voters have signed such petition, the ordinary shall be governed by the list of registered voters ~de Up by the county registrars and filed in the office of the clerk of the superior court for the last general election.

Section 23. The returns of every election held hereunder shall be made to the ordinary who shall ascertain and declare the result within three days after the receipt of the returns. Notice of the election shall be given by publication in the official gazette of the county once a week for four weeks p~eceding the date of the election. All persons voting at such election,who desire to vote in favor of the manufacture and sale of such liquors in such county, shall have written or printed upon

TUESDAY, FEBRUARY 19, 1~13;).

1185

their ballots the words 11 For the issuance of Permits by the State Revenue Commission for control of alcoholic beverages." Those desiring to vote against the manufacture and sale of such liquors in such county,shall have written or printed on their ballots the words "Against the issuance of permits by the State Revenue Commission for control of alcoholic beverages."
Upon determining the result of such election the ordinary shall publish notice thereof in the official gazette of the county once a week for two weeks. If at said election a majority of the qualified voters voting shall vote in favor of the manufacture and sale of such liquors in such counties, as herein provided for,this Act shall become effective in such county and from and after the expiration of two weeks from the date of such notice by the ordinary, the manufacture and sale of vinous, spirituous and alcoholic liquors in such counties under the regulations herein provided for,shall be legal. If a majority of the qualified voters shall vote against the manufacture and sale of such liquors in such counties, the manufacture and sale thereof shall be illegal.
Section 24. No subsequent election shall be held in any county within four years after the date of the order of the ordinary declaring the result of the first election, nor shall any subsequent election be held except upon a petition of thirty-three and one-third (33 1/3%) per cent. of the qualified voters of said county as herein provided for.
Section 25. That there shall be no exemption from the permit fees,license fees or tax provided by this Act in favor of any person whatsoever.
section 26. Nothing in this Act shall be construed to authorize the sale of any such liquor to persons under the age of twenty-one years but any person furnishing any such liquors to minors shall be guilty of a misdemeanor as now provided by law.

1186

JouRNAL or THE HousE,

Section 27. Any person who shall manufacture or sell any such liquors in any county in this State in which no election, as provided by this Act. has been held, or in which the result of said election has been against the manufacture and sale of liquor in such counties, or who shall sell any such liquors in violation of this Act, or who shall violate any other provision of this Act, shall be guilty of a misdemeanor.
Section 28. All laws and parts of laws in conflict with this Act, including any portion of Title 58 of the Code of Georgia of 1933 in conflict herewith, are hereby repealed.
The following Substitutes to House Bill No.l44 were read:
ay Mr. Head of Catoosa.
A BILL
TO BE ENTITLED AN ACT to repeal Title 58 ("Intoxicating J.iquors"), of the Code of Georgia of 1933, which prohibits the manufacture,sale,and possession of certain specified alcoholic,spirituous,malt and intoxicating liquors and beverages!and Chapter 58-1 ('Sale,keeping,barteringand furnishlng of liquors and beverages n ) I and Chapter 58-2 ~"Manufacture or Transportation") and Chapter 58-3 ('Advertising andsolic1t ing orders" ) , and Chapter 58-4 ( "Pure Alcohol" ), and Chapter 58-5 ("Ethyl Alcohol"), and Chapter 586 ("l11scellaneous provisions"); to authorize and permit the manufacture and sale of certain specified alcoholic,spirituous,and malt liquors and beverages in certain counties of this State; to prohibit the manufacture and sale of certain alcoholic,spirituous, vinous and malt liquors and beverages in certain counties of this State; to provide a tax on the manufacture and sale of.alcoholic,spirituous,vinous and malt liquors; to prohibit the possession or sale of certain liquors and beverages, under certain conditions and at certain places,or to be intoxicated,or under the influence of liquors at certain places; to provide for a referendum and for local option; and for other purposes.

TuESDAY, FEBRuARY 19, 193.J.

1187

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:
SECTION 1. That Title 58 ("Intoxicating liquors"), ot the Code of Georgia of 1933 and Chapter 58-1 in reference to the sale,keeping,bartering,and furnishing of liquors and beverages, and Chapter 58-2 in reference to the manufacture or transportation of specified liquors and beverages, and Chapter 58-3 with reference to advertising and soliciting orders tor specified liquors and beverages, and Chapter 58-4 in reference to the transportation and receiving and dispensing of alcohol, and Chapter 58-5 in reference to the manutacture,sale and transportation ot ethyl alcohol, and Chapter 58-6 ("Miscellaneous Provisions") in reference to the sale of liquors within three miles or churches,carrying liquors to Sunday School and places of divine worship,being intoxicated at places of divine worship,sale near State Hospital,drunkenness in public places,streets, selling or furnishing liquors on election days,and to habitual drunkards and to minors, all being under Title 58, are hereby repealed.
SECTION 2. As used in this Act. (1) The words nalcoholic beverage" mean any liquid intended for and capable of human consumption as a beverage and containing one half of one per cent or more of alcohol by volume. (2) The words ndistilled spirits" mean any alcoholic beverage containing alcohol obtained by distillation mixed with water or other substance in solution, and includes brandy,rum,whiskey,gin,cordials, or other spirituous liquors by whatever name called. (3) The word "beer" means any alcoholic beverage of any name or description manufactured by the process of fermentation from malt,wholly or in part,or from any substitute therefor. (4) The word "wine" means alcoholic beverage of any name or description produced by the fermentation of the juice of fruits,flowers,herbs or vegetables, other than cider made from apples,and containing not more than twenty-tour ner cent. of alcohol by volume.

1188

JouRNAL OF THE HousE,

(5) The word "alcohol" means the product of distillation of any fermented 11quid,whether rectified or diluted,whatever may be the origin thereof.
(6) The word "person" means and includes an individual,partnership,corporation or association.
(7) The words "original T"\ackage" or "original container" mean any bottle,flask,jug,can,cask.,barrel, keg,hogshead or other receptacle or container used by a manufacturer to contain and to convey alcoholic beverages.
SECTION 3. (1) No person shall,within the State of Georgia,manufacture for sale,keep for sale,or sell any alcoholic beverage without first having obtained a license as provided in this Act,provided.,however, nothing herein contained shall prevent the sale of cider,not to be drunk on the premises where sold,by farmers,!! such cider ts produced from apples raised by such farmers, and provided further solicitors from within or without the State may take orders for delivery as provided in paragraph (2) following.

(2) No alcoholic beverages intended for sale shall be imported shipped or brought into the State of Georgia for delivery to any person other than the holder of a wholesaler's license.

(3) No wholesaler shall sell alcoholic beverages to any person for delivery within the State of Georgia except the holder of a wholesale or retail license.

(4) Np retailer shall purchase alcoholic beverages from any person except the holder of a manufacturer'~ wholesaler's or retailer's license.

(5) No manufacturer of any alcoholic beverages shall sell or distribute the same within this State to any person,except a regularly licensed retail or wholesale dealer.

SECTION 4. Every person desiring to engage 1n the

manufacture of gaging therein

,

alco obta

ho in

li a

c l

beverag icense

es shall from the

1

before enState Reve-

nue for

Commission and pay each manufacturing

a license plant.,per

fee yea

ot ro

r$a2n1 y00p0a.0r0t

o!

TL"ESQAY, FEBRL'ARY l~l, 193.-J.

1189

a year. Said license shall be annually renewed on or before the first day of January of each year by the payment of an annual 'license fee of $2,000.00. Every manufacturer shall pay a manufacturer's tax of five per cent. on the gross sales. Each manufacturer shall give to the State Revenue Commission a bond in such amount as may be determined by the Commission, to pay all taxes levied and assessed under this Act and shall in addition thereto deposit with the State Revenue Commission the sum of $500.00 to be forfeited to the Commission for failure to comply with any of the provisions of this Act, or any rule or regulation of the State Revenue Commission and the State Revenue Commission may also revoke the license. The holder of a manufacturer's license may sell at wholesale without any additional license.
SECTION 5. Each person desiring to engage in the sale or distribution of any alcoholic beverages at wholesale, shall obtain a license from the State Revenue Commission and pay a fee of $1,000.00 therefor, for each year or part of year, and shall renew said license annually on or before the first day of January of each succeeding year and pay a license fee of $1,000.00. Each wholesale distributor shall also give bond to the State Revenue Commission 1n an amount fixed by the Commission, to pay all taxes levied and assessed under this Act. and shall also deposit with the State Revenue Commission the sum of $500.00 to be in addition to the taxes due under this Act, to be forfeited to the Revenue Commission for failure to comply with any of the provisions of this Act, or any rule or regulation of the State Revenue Commission, and the State Revenue Commission may also revoke this license.
SECTION 6. Each person desiring to engage in the sale or distribution at retail of any alcoholic beverages shall obtain a license from the State Revenue Commission, and shall pay a license fee of $250.00 for a "Retail Liquor Store L1cense11 , as hereinafter defined and a license fee of $100.00 for a "Retail Wine and Beer Store License," as hereinafter defined, for such year or part of year for each place of bus!-

1190

JouRNAL oF THE HousE,

ness. Said license shall be annually renewed on or before the first day of January of each year by the payment of an annual license tee of $250.00 in the case of a Retail Liquor Store" and $100.00 in the case of a Retail Wine and Beer Store. Said retail distributor shall also give a bond payable to the Revenue Commission in such amount as may be determined by the Commission, to pay to the said Revenue Commission all taxes levied under this Act,and in addition thereto,the retail liquor dealer shall deposit with the State Revenue Commission $200.00 and the retail wine and beer deaier shall likewise deposit $100.00 which shall be forfeited to the State Revenue Commission should said retailer refuse or fall to comply with any of the provisions of this Act, or rule or regulation of the State Revenue Comm1ss1on. The State Revenue Commission may revoke the license of any retail distributor for violating any of the provisions of this Act, or any rule or regulation of the Commission. Such retail license shall be of two kinds, to wit:
(a) A license to be known as a "Retail Liquor Store License", which license shall entitle the holder thereof to sell at retail,in uncut original packages only, in the manner provided in this Act, any or all of the beverages named in this Act Provided,however,no beerLwine,or ale shall be soid under a "Retail Liquor i::>tore License 11 except in the uncut original package, and none of the liquors or beverages so sold shall be consumed on the premises. No original package shall be refilled,xcept by the holder of a manufacturer's license.
(b) A license to be known as a "Retail Wine and Beer Store License", which license shall entitle the holder to sell.wine and beeronly,either in the original package or by the drink. Provided,that no wine or beer shall be sold or distributed from any except the original and uncut package,bear1ng original stamp as required by law, and no package shall be refilled until all stamps have been removed and then only by the holder of a manufacturer's license.

T-uESDAY, FEBRUARY 19, 1935.

1191

SECTION 7. It shall be unlawful for any person that shall become the lawful holder of any license provided for in this Act, to transfer or assign said license or licenses to any other person, or to permit any other person to use or enjoy the privileges of such license. No person may hold more than one license at the same time.
All licenses issued or removed under any of the provisions of this Act shall at all times be displayed in a public place in the factory, store, warehouse or other place of business tor mich the license is issued, and it shall be unlawful for the holder thereof to sell or dispose of or distribute any beverages unless the license is so displayed.
SECTION 8. No "Retail LiquorDealer" shall sell any alcoholic beverages except in the original and uncut bottles in which same were bottled by the manufacturer, and to which are affixed revenue stamps as required, nor shall any such retail dealer knowingly sell more than one quart of distilled spirits to any one person during any one day, nor shall any such dealer knowingly sell more than twenty-four twelve-ounce bottles of any malt liquor nor more than two quarts of any vinous liquors to any one person on any one day. None of the liquors or beverages so sold or distributed shall be consumed on the premises.
SECTION 9. Every manufacturer and every wholesale dealer in spirituous, vinous and malt liquors or beverages, shall be deemed a distributor thereof and shall in addition to the license tee herein required pay a tax of fifteen per cent. on the wholesale price of such spirituousliquors distributed, and/or sold and ten per cent. of the wholesale price of any vinous and/or malt liquors sold or distributed which shall be evidenced by liquor revenue stamps purchased from the State Revenue Commission, cancelled by the distributor and affixed to each bottle of such liquor or beverage distributed and/or sold.

1192

JouRNAL oF THE HousE,

The stamps shall be affixed by the wholesaler or manufacturer to the immediate container before removal from his premises.

All manufacturers and wholesale dealers selling

to St

r at

e e

t

ailers Revenue

sCh aoml l m1 wis1stihoonu,at

dcoeplayyo1 tfuernacishhi

to nv

th oic

e e

or

other paper showing each sale and shall file with

the State Revenue Commission each month duplicate

copies of all reports made to the Internal Revenue

Bureau of the Federal Government,giving full infor-

mation as to all purchases and sales.

SECTION 10. Every wholesale dealer shall retain

every invoice or other paper evidencing the pur-

chase or sale by him of alcoholic beverages for

tswpeelcvteiomn obntyhSt.-h1

such papers to be available e State Revenue Commission

fo or

r i

t

in s

-

authorized authorizati

ag on

ent of

s

~1 heandS

t

to be destro ate Revenue

yed only upon Cornmdssion.

SECTION 11. Every retail dealer or distributor receiving any shipment of any alcoholic beverage not stamped in accordance with the provisions of this Act shall note the time of receipt on the package and shall make immediate report to the State Revenue Corrnnission,with request to be furnished stamps in proper denominations ror affixing to the package. The State Revenue Commi~ shall issue the appropriate stamps and charge same to the wholesale dealer from whom the goods were received, and take such further steps against the wholesale dealer as may be proper.

SECTION 12. The State Revenue Commission is authorized and directed to provide liquor revenue stamps in suitable denominations for the purposes provided by this Act.

SECTION 13. The State Revenue Com~lssiop,may,by rules and regulations,provide for the sale of such stamps by banks and such other agencies as the Commission may approve and shall in every instance require such agent to give bond, in amount to be fixed

TUESDAY, FERRl"ARY l~l, Hl3.-J.

1193

by this State, payable to the State Revenue Commission, conditioned to account for the face value of all such stamps delivered to such agency. The Commission may allow such agency a commission of not more than two per cent. of the face value of such stamps.
SECTION 14. The State Revenue Commission is authorized and empowered with the approval of the Governor to employ such assistants, agents and inspectors for the enforcement of this Act as may be necessary and the Commission or any agent, inspector, or employee so appointed is hereby authorized and empowered to enter upon the premises of any manufacturer, wholesale or retail dealer at any time during business hours for the purpose of inspecting the same, and shall have access to all the books and records of every manufacturer, wholesale or retail dealer for the purpose of ascertaining whether or not such manufacturer, wholesale or retail dealer is complying with the provisions of this act.
SECTION 15. All revenues arising under this Act from the sale of such liquor stamps or license fees shall be paid by the State Revenue Commission into the State Treasury to be appropriated by the legislature to the common and/or public schools as provided by the Constitution.
SECTION 16. No wholesale or retail dealer shall operate any place of business except within the liffiits of an incorporated city or tovm and no place of business of any retail dealer shall be opened before seven o'clock A.M., nor shall it remain open after five o'clock P.M.
SECTION 17. A special election shall be held on the 15th day of May, 1935, under the same laws, rules and regulations as at regular elections for members of the General Assembly, at which election there shall be svbmitted to the voters of Georgia duly registered and qualified to vote at the la3t General Election the ratification or rejection of this Act. The ballots shall have vvri tten or printed on them

1194

JouRNAL OF THE HousE,

the words,

"Vote for One"

followed by the words,

"For Liquor"

11Against Liquor"

Those desiring to vote in favor of the ratification

of this Act shall strike uor", and those desiring

out the to vote

wagoardisn1stAtghaeinrsat

Li ti-

q

-

fication of this Act shall strike out the words,

"For Liquor". The returns of said election shall be

made to the Secretary of State, who shall,by May 29,

1c9e3r5ti1fycienrgt

i

fy the

the result number of

thereof to votes "For

the Governor, Liquor", and

the number of votes "Against Liquor" in the State

as a whole, and the number of votes "Against Liquor"

in each and every County, and the Governor sball,on

or before June 5, 1935, declare the result and make

a proclamation thereof and certify the number of

votes "For Liquor" and the number of votes, "Against

Liquor" as to the State as a whole, and as to each

and every County in the State. The expense of said

election,includlng the preparation and printing of

ballots,shall be borne by the respective Counties

as in other general elections.

SECTION 18. If a majority of all those voting in the State as a whole as herein provided shall be "For Liquor" as shown by the Governor's proclamation, this Act shall be deemed ratified and be effective within thirty days thereafter, and the manufacture and sale of alcoholic,spirituous,vinous,and malt liquors as herein provided shall be lawful as provided in this Act in those Counties in which a majority of the votes cast was "For Liquor". The manufacture and sale of alcoholic,spirituous,vinous, malt liquors in those Counties in this State in which the majority of the qualified voters as herein provided voting in said elections was "Against Liqucr11 shall be unlawful as provided in this Act.

TUESDAY, FEBRL'ARY 19, 193;).

1195

Shoulda majority of all those voting in the State as a whole, at the election called under this Act,be "Against Liquor", as shown.by the Governor's procla- ' mation,then this Act, shall be null and void and the present laws and parts of laws,which are repealed shall be existing and valid. The Courts shall take judicial notice ot the facts recited in the proclamation of the Governor.
SECTION 19. Any person,tirm or corporation who shall, in any County 1n which the majority of the qualified voters as herein provided did not vote tor ratification or this Act, as provided in the preceding section,manutacture,sell,possess for sale, barter or give away to induce trade, any alcoholic spirituous,vinous or malt liquors or beverages,shail be guilty of a misdemeanor.
SECTION 20. Any person,firm or corporation except a manufacturer or wholesale dealer, as herein defined, that shall have,possess or control any alcoholic,spirituous,vinous or malt liquors or beverages, the container of which does not bear the Georgia Revenue stamps as herein provided,shall be guilty of a misdemeanor.
SECTION 21. Nothing in this Act shall be construed to prevent registered,licensed pharmacists or manufacturers from receiving and possessing grain alcohol for medicinal, mechanical and industrial purposes in those counties in which the sale of alcoholic, spirituous,vinous and malt liquors or beverages are lawful under this Act, ~d in those counties in which the manufacture or sale of alcoholic,spir1tuous,v1nous and malt liquors or beverages is not lawful under this Act, the pharmacists,manufacturers or others who under existing laws now of force may obtain alcohol for the purposes hereinafter stated, desiring to obtain grain alcohol tor manufacturing, medicinal,scient1f1c or mechanical purposes shall apply to the Ordinary of the County and obtain from him upon the payment of a tee of $1.00, a permit to receive the same a copy of this permit to be retained by the Ordinary, one by the purchaser and one sent to the distributor.

1196

JouRNAL or THE HousE,

SECTION 22. At any time after twelve months from the date of the proclamation of the Governor putting this Act in effect,should the same be ratified as herein provided, the Ordinary of any County in this State shall,upon a petition signed by one-third of the registered voters qualified to vote at the last general election being filed with him, call a special election to be held within thirty days from the date of the filing of such petition, and advertise the order in two consecutive issues of the official gazette of the County, at which election there shall be submitted to such qualified voters of the County, qualified to vote at the last general election,the question of whether or not the manufacture and sale of such liquors shall be permitted or discontinued, under this Act. The ballots shall have written or printed on them the words,

"Vote for One"

followed by the words,

"For Liquor"

"Against Liquor"

Those voting at such election who desire to vote in

favor of the manufacture and sale of alcoholic,

spirituous,vinous and malt liquors and beverages,

under this Act, shall strike out the words,"Against

Liquor" and those desiring to vote against the manu-

facture and sale malt ll~uors and

boef vaelrcaogheos,lics1nsaplil

r

ituous,vino strike out

us th

and e

words, 'For Liquor".

The returns of said election shall be made to the Ordinary of the County who shall within five days ascertain and declare the result thereof by an order entered upon the minutes of the Court of Ordinary and by publications in the official gazette of the County. If a majority of the qualified voters of such County as above provided shall at said election vote "For Liquor", the manufacture and sale of alcoholic,spirituous,vinous, and malt liquors and bev-

TUESDAY, FEBRt.:ARY 19, 1935.

1197

erages shall be lawful as provided in this Act, after thirty days from the date of the order of the Ordinary. If a majority of the qualified voters voting in said election as above provided vote "Against Liquor", the manufacture and sale of alcoholic,spirituous,vinous,and malt liquors and beverages shall be unlawful from and after thirty days from the date of such order of the Ordinary. No other election shall be called or held under this Act in any County in this State within three years after the first special election and at all elections held under this Act, only the qualified registered voters, qualified to vote at the last preceding general election shall be qualified to vote in any such election. No election under this Act shall be held on the same day as any other general or primary election.
SECTION 23. Any persons who shall have, possess and control-any alcoholic, spirituous, vinous and malt liquors or beverages at any church or other place where people are assembled for divine worship or at any place where people are assembled for Sunday School,Sunday School Celebration or day school celebration, or upon any common carrier, shall be guilty of a misdemeanor.
SECTION 24. Any person who shall be or appear at any church or place of divine worshipieither intoxicated or in any manner under the inf uence of intoxicating liquors,where people are assembled for the purpose of engaging in religious service and until they have dispersed therefrom, shall be guilty of a misdemeanor.
SECTION 25. Any person mo shall be and appear in any intoxicated condition or under the influence of intoxicating liquors so as to be noticeable on any public or highway, or withln the curtilage of any private residence not in the exclusive possession of the person or persons so intoxicated, or upon any boat, railway,passenger train,bus or other common carrier,shall be guilty of a misdemeanor.

1198

JouRNAL OF THE HousE,

SECTION 26. Any person who shall have,give or furnish alcoholic,spirituous,vinous or malt liquors or beverages within one mile of any election precinct on any day of any primary or general election or have the same in or around the election precinct on the day of any state,county,municipal or primary election,shall be guilty of a misdemeanor.

SECTION 27. Any person who by himself or another shall ~urnish or cause to be furnished or permit any person in his employ to furnish any alcoholic, spirituous,vinous,or malt liquors or beverages to any minor,or to any habitual drunkard whose intemperate habits are known to such person or about which he has been notified in writing by the husband,wife,father,mother,brother,or sister of such habitual drunkard,shall be guilty of a misdemeanor.

SECTION 28. Any person who shall be guilty of violating provisions of this Act shall be guilty of a misdemeanor.

SECTION 29. All laws and parts of laws in conflict with the provisions of this Act are hereby . repealed.

By Messrs. Griffin of Decatur and Townsend of Dade. Substitute for House Bill No.l44

A BILL

AN ACT to legalize,regulate and control the manu-

facture,bottling,sale,distribution,transportation,

handling,possession,dispensing,drinking and use of

alcoh ale,p

ol,brandy,rum,whiske orter,stout,and all

yll1qguiind,sw,bineev,ebreaegre,slaagnedr

beer, arti-

cles containing alcohol obtained by distillation,

fermentation or otherwise; to create a Department

of Alcoholic Beverage Control and a Georgia Alcohol-

ic Beverage Control Board and to define and provide

for the functions,duties and powers thereof; to pro-

vide for the appointment,suspens1on,removal,compen-

sat1on,costs,and expenses of such Board and its

members,off1cers,agents and employees; to provide

TUESDAY, FEBRUARY HI, 1935.

1199

for licensing and taxing manufacturers,bottlers, wholesalers and retailers of alcohol,brandy,rum, whiskey,gin,wine,beer,lager beer, ale,porter,stout and all liquidsLbeverages and articles containing alcohol,by the ~tate and the counties,cities,and towns thereof; to impose excise taxes on such liquids,beverages and articles; to appropriate money for the administration of the act and to provide for the disposition of revenues collected under the aqt; to provide for the confiscation and disposition of articles declared contraband hereunder; to authorize the dismissal and termination of pending warrants,indictments,charges and prosecutions involving violations of laws,ord1nances and by-laws pertaining to liquids,beverages and articles containing alcohol,to authorize the restoration of certain property seized in connection therewith,and to authorize the suspension of sentences imposed for violations of such laws,ordinances and by-laws; to make provision whereby the penalties for the violation of acts repealed by this act may be the same as those provided in this act; to impose penalties for violations of the act; to repeal all acts and parts of acts in conflict herewith and to provide that this act shall constitute and be designated and cited as "The Alcoholic Beverage Control Act"; and to repeal the "Bone Dry Law of Georgia"; and for other purposes.
Be it enacted by the General Assembly of Georgia, and is hereby enacted by the authority of the same that
SECTION 1. TITLE, This Act rna~ be cited as "The Alcoholic Beverage Control Act. '
SECTION 2. Be it further enacted by the authority aforesaid that there is hereby created as a Department of the State of Georgia the Department of Alcoholic Beverage Control. The said Department shall consist of the Georgia Alcoholic Beverage Control Board and the officers,agents and employees of the Board. The said Board shall consist of three members appointed by the Governor. One of the members

1200

JouRNAL OF THE HousE,

of the Board shall be appointed for a term of one year,one for a term of three years, and one for a term of five years; subsequent appointments shall be for a term of five years each,except appointments to fill vacancies which shall be for the unexpired term. The Governor shall designate one of the members of the Board chairman thereof. The Board,under rules adopted by itself,may elect one of its members chairman,pro-tempore and another or some other person as Secretary. Two members of the Board shall constitute a quorum.
Each member of the Board shall receive a salary to be fixed by the Governor and not to exceed the sum of Five Thousand Dollars ($5,000.00) per annum.
Members of the Board may be suspended or removed by the Governor at his pleasure.
Each member of the Board shall before entering upon the discharge of his duties give bond payable to the State of Georgia, in form approved by the Attorney General in such penalty as shall be fixed from time to time by the Governor,with some surety or Guaranty Company duly authorized to do business in Georgia and approved by the Governor as security1conditioned upon the faithful Discharge of his du~ies; the premium of such bond shall be paid by the State and_ the bond shall be filed with and preserved by the Comptroller.
Each member of the Board shall devote his full time to the performance of his official duties.
No member,officer,agent or employee of the Board shall,directly or indirectly,individually, or as a member of a partnership of an association,or as a member or stockholder of a corporation,have any interest whatsoever in the manufacture of or in dealing in alcoholic beverages,or in any enterprise or industry in which alcoholic beverages are required, or receive any commission or profit whatsoever from or have any interest whatsoever 1n the purchase or sale of alcoholic beverages oy the Board-or by

TuESDAY, FEBRL'ARY 19, 193;).

1201

any other person whatsoever,or have any interest in or mortgage or deed of trust on any land or building where alcoholic beverages are manufactured for sale,kept for sale,offered for sale or sold, or any personal property used therein,or in any contract, other than his contract of employment,made with the Board.
The provisions of this subsection shall not prevent any member,officer,agent or employee of the Board from purchasing and keeping in his possession, for the personal use of himself,members of his family or guests,alcoholic beverages which may be purchased or kept by any person by virtue of this act.
The main office of the Board shall be located in the city of Atlanta.
SECTION 3. BE IT FURTHER ENACTED THAT, the tunctions,duties and powers of the Board shall be as follows:
To buy,import and sell alcoholic beverages,and to have alcoholic beverages in its possession for sale, wholesale and retail;
To control the possession,sale,transportation and delivery of alcoholic beverages by the Board;
To determine the localities within which State stores shall be established and operated and the location of such stores;
To make provision for the maintenance of warehouses for alcoholic beverages and to control the delivery of alcoholic beverages to and from such warehouses, and the keeping of the same therein;
To lease,occupy and improve any land or building required for the purposes of this act;
With the consent of the Governor,to purchase or otherwise acquire title to any land or building required for the purposes of this act and to sell and

1202

JouRNAL oF THE HousE,

convey the same by proper deed; To purchase,lease or acquire the use by any manner
_whatsoever of any plant or equipment which may be considered necessary or useful in carrying into effect the purposes of this act,including rectifying, blending and processing plants; the Board is hereby empowered to purchase,build,lease and operate distilleries and to manufacture alcoholic beverages if in its opinion the purpose of this act can be thereby promoted;
To determine the nature,form and capacity of all packages to be used for containing alcoholic beverages to be kept or sold under this act,and to prescribe the form and contents of all labels and seals to be placed thereon;
To appoint every officer,agent and employee required for its operations,dism1ss them, fix their salaries,or remuneration, assign them their official positions and titles,define their respective duties and powers, require them or any of them to give bonds payable to the State of Georgia, in such penalty as shall be fixed by the Board,and engage the services of experts and of persons engaged in the practice of a profession; all salaries or remuneration in excess of one thousand dollars per annum shall first be approved by the Governor; officers, agents of the Board and managers of government stores are authorized and empowered, upon displaying official badge of reasonable evidence of authority to arrest persons for any disorderly conduct in or about any State stores or property of the Board,or for violations of the provisions of this act upon the premises,committed in their presence;
To hold and conduct hearings,to issue subpoenas requiring the attendance of witnesses and the production of records,memoranda,papers and other documents before the Board or any officer or agent thereof,and to administer oaths and to take testimony thereunder; in its discretion to authorize any member,officer or agent of the Board to hold and

TUESDAY, FEBRUARY 19, 1935.

1203

conauct hearings,issue subpoenas and adrrdn1ster oaths and take testimony thereunder;
Until such time as the Board may have issued licenses under the provisions of this act for the sale of alcoholic beverages, and established State stores conveniently located to supply licenses, the Chairman of the Board may issue permits for the purchase and transportation of alcoholic beverages to such persons as he may deem expedient prior to the effective date of this act,
Generally to do all such things as may be deemed necessary or advisable by the Board for the purpose of carrying into effect the provisions of this Act.
SECTION 4. BE IT FURTHER ENACTED THAT, the Board may from time to time make such regulations not inconsistent with this act as the Board shall deem necessary for carrying out the provisions of this act,and from time to time, alter,repeal,or amend such regulations or any of them. Such regulations shall be published at least once in some newspaper published in the city of Atlanta and in any other manner which the Board may deem advisable, and upon being so published shall bind all agencies under their control.
That nothing in this act contained shall require such regulations to be uniform in their application.
SECTION 5. BE IT FURTHER ENACTED, that no member of the Board may be sued civilly for doing or omitting to do any act in the performance of his duties as described by this act,except by the State.
The Board may in the name of the State of Georgia at the relation of the Georgia Alcoholic Beverage Control Board be sued in the Superior Court of Fulton County to enforce any contract made by the Board or to recover damages for any breach thereof and may defend such proceedings. No such proceedings shall be taken against, or in the names of, the members of the Board.

1204

JouRNAL or THE HousE,

SECTION 6. BE IT FURTHER ENACTED that the Board shall from time to time make reports to the Governor covering such matters in connection with the administration and enforcement of this act as he may require,and shall annually make to the Governor a report for the twelve months ending on the thirtieth day of June in the year in which the report is made, which shall contain:
First; A statement of the nature and amount of the business transacted by each State store under this act during the year;
Second; A statement of the assets and liabilities of the Board,including a profit and loss account, and such other accounts and matters as may be necessary to show the results of the operations of the Board for the year;
Third; A statement showing the taxes collected under this act during the year;
Fourth; General information and remarks as to the working of the law within the State of Georgia.
Fifth; Such other information as shall be requested by the Governor.
Every such annual report shall forthwith be laid by the Governor before the General Assembly if then in session,or if not in session,before the General AssemblY within fifteen days after the convening of the next session.
The books and records of the Board shall at all times be subject to examination and audit by the State Auditor and by such other persons as the Governor may authorize.
SECTION 7. BE IT FURTHER ENACTED, that the Board shall keep such complete and accurate records as shall be necessary to show;
First. All monies received by the Board;

TUESDAY, FERRL\RY ]~), Hl~:i.

1205

Second. All monies paid into the treasury or the State by the Board,and all disbursements made pursuant to the order or the Board;
Third. The amount or monies on hand; Fourth. The kinds and amounts or alcoholic beverages on hand and the location thereof; Fifth. All indebtedness and all contracts or the Board; Sixth. The names,addresses and compensation or all officers,agents, and empioyees of the Board; Seventh. All receipts from and costs and expenses incurred for and on behalf of each State store;and Eighth. All real estate owned or located or leased and all real estate sold by the Board; The State Auditor shall devise and install a system of accounts for the Board. SECTION 8. BE IT FURTHER ENACTED, that the Board may establish,maintain and operate,in such counties, cities, and towns as shall be considered advisable by the Board,where permitted by law,State stores for the sale of alcoholic beverages,other than beer, in accordance with the provisions of this act and may discontinue any such store or stores when in its discretion it is advisable to do so. The prices or the various classes,varieties,and brands o~ alcoholic beverages shall be uniform throughout the State. The sale of alcoholic beverages at each State store shall be conducted by a manager, and by such officers,agents and employees as may be appointed hereunder, who shall,under the direction or the Board, be responsible for the carrying out of the provisions of this act and the regulations of the Board in so far as they relate to the conduct or

1206

JouRNAL oF THE HousE,

such store and the sale or alcoholic beverages thereat.

No alcoholic beverages shall be sold in a State store except in a closed package,sealed and containing such label as the Board shall prescribe.

No alcoholic beverages shall be consumed in a government store by any person.

Not more than one gallon or alcohol or spirits

shall be sold to any one person at any one time in

any government store; this provision shall not 11m-

it the amount that may be sold by the Board in

State stores or otherwise tor industrial purposes,

tor manufacturing articles allowed to be manufac-

tured under section twenty-nine or this act, and to

wholesale druggists and druggists licensed under

this act.



The Board may from time to time adopt regulations relating to the sale,delivery and shipment or alcoholic beverages, and alter, amend or repeal the same in order to prevent the unlawful sale and delivery thereof in and from State stores.

SECTION 9. BE IT FURTHER ENACTED, that the Board tor the purchase or alcoholic beverages shall be authenticated by the chairman or the Board or by a member or the Board authorized by the Board to authenticate such orders,and no order shall be binding unless so authenticated.

A duplicate or every such order shall be kept on file 1n the office or the Board and on the minutes or the said Board.

All cancellations or orders made by the Board shall be authenticated 1n the same manner and a duplicate thereof kept as herein provided.

SECTION 10. BE IT FURTHER ENACTED, that no sale or delivery or alcoholic beverages shall be made at any State store, nor shall any such store be

TuESDAY, FEBRUARY 19, HI3.J.

1207

kept open for the sale of alcoholic beverages: On Sunday, In any county,city or town on any day on which an
election is held therein. During such other periods and on such other days
as the board may direct. SECTION 11. BE IT FURTHER ENACTED, that the ac-
counts of the Board shall be made up to and including the thirty-first day of March, the thirtieth day of June, the thirtieth day of September, and thirtyfirst day of December in each year, and at such other times as may be determined by the Governor, and in every case the Board shall prepare a balance sheet and statement ot profit and loss and submit the same to the Governor.
The accounts of the Board shall be audited quarterly as of March thirty-first,June thirtieth,September thirtieth, and December thirty-first of each year by the State Auditor, or by such other person as the Governor may designate, and the report of such auditor containing such particulars as the Governor may require shall be made to the Governor within thirty days after the close of each such quarterly period.
The Governor may require that the accounts of the Board be audited by the State Auditor,or by such other persons as the Governor may des1gnate,at such other time or times as he may see fit.
SECTION 12. BE IT FURTHER ENACTED, that net profits derived under the provisions of this act shall be transferred by the Comptroller to the State Treasury within forty days after the close of each quarter.
SECTION 13. BE IT FURTHER ENACTED, that all monies collected by the Board shall be paid directly and promptly into the State Treasury and shall be desig-

1208

JouRNAL OF THE HousE,

nated as a special fund and account or the Alcoholic Beverage Control Board or shall be deposited to the credit or the State Treasurer in a State depository without any deductions on account or salaries, tees,costs,chargesiexpenses,retunds or claims or any description. A 1 monies so paid into the State Treasury shall be set aside as and constitute a special fund as stated above tor the payment or the salaries and remuneration or the members,otticers, agents and employees or the Board and all costs and expenses incurred in establishing and maintaining State stores and in the administration or the provisions ot this act and the said Board shall receive no money from the State by appropriation or otherwise except the monies from profits in administering this said act and not even then it not approved by the Governor,including the purchasing, building,leasing and operation or distilleries and the manufacture or alcoholic beverages under the provisions or this act. The remuneration or the employees and expenses or maintaining the department under the provisions or this act shall be paid out by the State Treasurer on warrants by the Comptroller issued on warrants signed by the Secretary or the Board and countersigned by the Chairman, or another member or the Board designated by the Board, or by some officer or agent, or the Board authorizing and designated by the Board tor such purposes, and tinally upon the written approval or the Governor or the State.
SECTION 14. BE IT FURTHER ENACTED, that the Board may grant subject to revocation as provided in section 21 or this act the following licenses under the provisions or this act;
(a) Distillers' licenses,which shall authorize the licensee to manufacture alcoholic beverages other than wine and beer, and to sell and deliver or ship the same, in accordance with regulations ot the Board, in barrels,bottles or other closed containers, to the Board, and to persons outside or Georgia tor resale outside or Georgia,except that no deliveries or shipments shall be made into any

TuESDAY, FEBRUARY 19, 1935.

1209

State the laws of which prohibit the consignee from receiving or selling the same.

(b) Winery licenses,which shall authorize the licensees to manufacture wines and to sell and deliver or ship the same, in accordance with regulations of the Board, in barrels,bottles or other closed containers,to the Board, and to persons outside of Georgia for resale outside of Georgia,except that no deliveries or shipments shall be made into any State the laws of which prohibit the consignee from receiving or selling the same.

(c) Brewery licenses,which shall authorize the licensees to manufacture beer and to sell and deliver or ship the same 1n accordance with regulations of the Board, in barrels,bottles or other closed containers, to persons licensed under the provisions ot this act to sell the same at wholesale or retail for the purpose of resale, and to persons outside ot Georgia tor resale outside of Georgia,except that no deliveries or shipments shall be made into any State the laws of which prohibit the consignee from receiving or selling the same.

(d) Bottlers' licenses,which shall authorize the

licensees to acquire and receive deliveries and ship-

ments of beer in barrels or other closed containers

and to bottle sell and deliver or ship the same,in

accordance with licensed under t

regulations he provision

to s

otfhethBisoaardc~1

to to

persons sell

the same at wholesale or retail for the purpose of

resale, and to persons outside of Georgia for re-

sale outside of Georgia,except that no deliveries

or shipments shall be made into any State the laws

of which prohibit the consignee from receiving or

selling the same.

(e) Wholesale beer licensees,which shall authorize the licensees to acquire and receive deliveries and shipments of beer and to sell and deliver or ship the same, in accordance with regulations of the Board, in barrels,bottles,or other closed containers, to persons licensed under the provisions of this act

1210

JouRNAL or THE HousE,

to sell the same to retail tor the purpose o! resale, and to persons outside o! Georgia !or resale outside o! Georgia, except that no deliveries or shipments shall be made into any State the laws o! which prohibit the consignee !rom rec9iving or selling the same.
(e-a) Wholesale druggist licenses to wholesale druggist which licenses shall authorize the licensees to buy alcohol !rom the Board and to sell and deliver or ship the same in accordance with regulations o! the Board and under its supervision,to druggist !or the purpose o! compounding and resale, and to persons duly authorized to operate pharmacies outside o! Georgia !or the purpose o! compounding and resale outside o! Georgia,except that no deliveries or shipments shall be made into any State the Laws of wnich prohibit the consignee from receiving or selling the same.
(e-b) Wholesale wine distributors licenses which shall authorize the licensees to acquire and receive deliveries and shipments of wine and to sell and deliver or ship the same in accordance with regulations of the Board in barrels,bottles or other closed containers to the Board,and to persons outside of Georgia for resale outside of Georgia,except that no deliveries or shipments shall be made into any State the laws of which prohibit the consignee from selling or receiving the same.
(f) Retail on-premises wine and beer licenses to: First. Hotels,which licenses shall authorize the licensees to sell wine and beer in dining-rooms and other designated rooms hereo!,either with or without meals,!or consumption on the premises only in such rooms or 1n private guest rooms thereof; Second. Restaurants,which licenses shall authorize the licensees to sell wine and beer in the diningrooms thereof,either with or without meals,for consumption on the premises only in such dining-rooms.

TuESDAY, FEBRUARY 19, 1935.

1211

Third. Clubs,which licenses shall authorize the licensees to sell wine and beer in the dining-rooms and other designated rooms thereof,either with or without meals,for consumption on the premises only in such rooms or in private guest rooms thereof;

Fourth. Persons operating boats,dining cars,buffet cars and club cars,which licenses shall authorize the licensees to sell on the boats,dining cars, buffet cars and club cars so operated by them wine and beer in the dining-rooms and other designated rooms of the boats and in the dining-cars,buffet cars and club cars of trains,either without meals, for consumption on the premises only in such rooms, or in such cars when carrying passengers.

(g) Retail on-premises beer licenses to:

First. Hotels which licenses shall authorize the licensees to seil beer in the dining-rooms and other designated rooms thereof,either with or without meals, for consumption on the premises only in such rooms or in private guest rooms thereof;

Second. Restaurants,which licenses shall authorize the licensees to sell beer in dining-rooms thereot, either with or without meals,for consumption of the premises only in such dining-rooms;

Third. Clubs, which licenses shall authorize the licensees to sell beer in the dining-rooms and other designated rooms thereof,either with or without meals,for consumption on the premises in such rooms or in private guest rooms thereof;

Fourth. Persons operating boats,dining cars,butfet

cthaersliacnednscelusbtocasres1w1 hoinchthliecebnosaetss,dshinailnlgaucathrso

rize and

club cars so operated by them beer in the dining-

rooms and other designated rooms of the boats and

in the dining cars,buffet and club cars of trains,

either with or without meals,for consumption on the

premises only 1n such rooms,or in such cars when

carrying passengers.

1212

Jot:R~AL or THE HousE,

(h) Retail off-premises wine and beer licenses which shall authorize the licensees to sell wine and beer at retail only in closed packages !or consumption ott the premises of such licensees and to deliver or ship the same to the purchasers thereof, in accordance with regulations or the Board.
(i) Druggists' licenses to druggists, which licenses shall authorize the licensees to sell alcoholic beverages upon prescriptions as provided in section 30 of this act.
(j) Banquet licenses to persons in charge of banquetsi which licenses shall authorize the licensees to se 1 wine and beer in designated rooms !or consumption on the premises; a separate license shall be required !or each banquet but no such license shall be required of any hotel,restaurant or club holding a retain wine and beer license issued under the provisions of this act.
(k) The term "designated rooms" as used in this section shall mean rooms approved by the Board !or particular licensees.
(1) The Board shall at least weekly certify to the said Revenue Commission a list of all persons licensed hereunder,during the period covered by such certification.
SECTION 15. BE IT FURTHER ENACTED, that every person intending to apply !or any license provided tor ~~der the provisions of this act,except banquet licenses, shall,not more than thirty (30) days and not less than ten (10) days before applying to the Board for such license,post a notice of such intention on the front door of the building,place or -room where he proposes to engage in such business and publi.sh a copy of such notice at least once in a newspaper published in or havinG a general circulation in the county,city or town wherein such person proposes to engage in such business; provided,however,that in the case of operators of boats,dining C8.rs, rmffet cars and club cars the posting and pub-

TUESDAY, FEBRCARY Hl, 1\)3.).

1213

lishing of notice shall not be required. (b) Every person desiring a license under the pro-
visions of this act shall,after publishing notice of his intention as provided in sub-section (a) of this section,file with the Board an application therefor on forms provided by the Board and a statement in writing and under oath setting forth such information as the Board shall require.
(c) The provisions of this section requiring publication and posting of notice prior to applying for a 11cense shall not apply to any person licensed under the provisions of this act when such licensee again applieb to the Board for a new license similar to that which he already holds to engage in business at. the same place.
S~CTION 16. BE IT FURTHER ENACTED, that the Board shall refuse to grant any license mentioned in this act if it shall be of the opinion:
First. That the applicant is not a suitable person to be so licensed; or
Second. That the place to be occupied by the applicant is not a suitable place; or
Third. That a sufficient number of licenses have already been issued; or
Fourth. That the license shall not be issued. (b) The Board shall refuse to grant any retail license, other than a druggist license,to any person to sell wine and beer or beer in any county or city, the qualified voter of which shall in accordance with the provisions of section 27 of this act vote that the sale of such alcoholic beverages be prohibited in such county or city. (b-a) The Board shall ~efuse to grant any wholesale beer license to any person,unless such person has established or will establish a place, or places,

1214

JouRNAL OF THE HousE,

or business within this State at which will be received and from which will be distributed all alcoholic beverages sold by such person in the State.
(c) The Board shall not issue any license until the license tax required by section eighteen or this act is paid to the Board.
(d) The action or the Board in granting or in refusing to grant any license under the provisions ot this act shall be discretionary with said Board and no action or mandamus or injunction shall line in any such case, nor shall any other procedure control the decision or discretion or the said Board, but their decision shall be final.
SECTION 17. BE IT FURTHER ENACTED, that no retail on-premises wine and beer license,retain on-premises beer license,retain ott-premises wine and beer license, druggist's license or banquet license,shall be issued to any manutacturer,bottler,or wholesaler ot alcoholic beverages,whether licenses in this State or not nor to any officer or director or any such manuracturer,bottler or wholesaler,nor to any partnership,association,or corporation,any partner, member or stockholder or which is an officer or director or any such manutacturer,bottler or wholesaler,nor in any instances where such manufacturer, bottler or wholesaler and such retailer are under common control,directly or indirectly, by stock ownership or otherwise; providing this subsection shall not apply to corporations operating dining cars,buttet cars,club cars or boats.
(b) No person shall be licensed to sell wine and beer or beer tor both un-premises and ott-premises consumption at the same time.
SECTION 18. BE IT FURTHER ENACTED, that the taxes on State licenses issued pursuant to the provisions ot this act shall be as follows:
First. For each distiller's license, 1! to manufacture not in excess or five thousand gallons or

TuESDAY, FEBRUARY 19, 1935.

1215

alcohol or spirits, or both,during the year in which the license is issued,one hundred dollars; and if to manufacture more than five thousand gallons during such year,one thousand dollars, per annum;
Second: For each winery 11censei if to manufacture not in excess or five thousand ga lons or wine during the year in which the license is issued, one hundred dollars, and if to manufacture more than five thousand gallons during such year,one thousand dollars per annum;
Third. For each brewery license,one thousand dollars per annum;
Fourth. For each bottler's license,five hundred dollars per annum;
Fifth. For each wholesale beer license, two hundred and fifty dollars per annum;
Fifth-a. For each wholesale wine distributor's license fifty dollars and for each wholesale druggist license, ten dollars per annum;
Sixth. For each retail on-premises wine and beer license to a hotel,restaurant,or club,twenty dollars per annum; for each such license to a person operating a boat,d1ning car, buffet car or club car, twen'ty dollars per annum for each of the average number ot boats,dining cars.burfet cars,or club cars operated daily in this State;
Seventh. For each retail on-premises beer license to a hotel,restaurant or club,ten dollars per annum; ror each such license to a person operating a boat, dining car, buffet car or club car,ten dollars per annum for each of the average number of boats,dining cars,buffet cars, or club cars operated in this State;
Eighth. For each retail off-premises wine and beer license,twenty dollars per annum.

1216

Jot:RNAL OF THE HousE,

Ninth. For each druggist license,ten dollars per
annum;
Tenth. For each banquet license,tive dollars. (b) The tax on each such licenses shall be subject to proration to the following extent: if the license is issued in the second quarter or any year the tax shall be decreased by one-rourth; it issued in the third quarter of any year the tax shall be decreased by one-half; and if in the fourth quarter or any year the tax shall be decreased by threefourths. (c) Every such license shall be in lieu of and State merchants' or State restaurant license on that portion of the business or the licensee covered thereby; but no such license shall relieve any licensee or any other State tax whatsoever. SECTION 19. BE IT FURTHER ENACTED, that each license issued by the Board under the provisions of this act shall designate the place where the business or the licensee will be carried on. A separate license shall be required for each separate place or business. (b) No such license shall be transferable rrom one person to another,but may be amended to show a change in the place of business within the same county or city. (c) Each such license shall be kept posted in a conspicuous place by the licensee at the place where he carries on the business for which the license is issued. (d) All licenses granted or issued pursuant to the provisions or this act except banquet licenses, shall expire on the thirty-first day or December or the year, or part thereor,tor which granted or issued. The Board may,however,within its discretion, extend any license issued or granted hereunder, for a period of not to exceed in any case sixty days.

TuESDAY, FEBRUARY l~i, 193~J.

1217

Provided,however, that subsections (a} and (c) hereof shall not apply to common carriers operating dining-cars,buffet cars and club cars.
SECTION 20. BE IT FURTHER ENACTED, that the Board shall prescribe by regulations,which it may from time to time alter,amend or repeal, between what hours and on what days wine and beer shall not be sold by persons licensed under the provisions of this act.
SECTION 21. BE .IT FURTHER ENACTED, that the Board may revoke any licenses issued by it if it shall be of the opinion:
First. That the licensee is not a suitable person to hold such license; or
Second. That the place occupied by the licensee is not a suitable place; or
Third. That the number of licenses issued should be reduced; or
Fourth. That the license be revoked. (b) Before the Board may revoke any license issued under the provisions of this act,at least ten dayst notice of such proposed or contemplated action by the Board shall be given to the licensee affected, such notice shall be in writing and shall be served on the licensee as other notices,or by sending the same to such licensee by registered mall to his last known post-office address. The Board shall 1n such notice appoint a time and place when and at which the said licensee shall be heard as to why the said license should not be revoked. The licensee shall at such time and place have the right to produce evidence 1n his behalf and to be represented by counsel. (c) The action of the Board in revoking any license pursuant to the provisions of this section shall not be subject to review by any court nor

1218

JouRNAL oF THE HousE,

shall any mandamus or injunction 11e in any such case. In the event the license is revoked the licensee shall be reimbursed proportionally.
(d) Alcoholic beverages owned and/or in possession, for sale, of any licensee at the time the license of any such person is revoked or terminated as herein provided may be sold by such person to the Board and the Board is required to purchase at the existing cost market price or may, upon permits issued by the Board be soid to persons outside of Georgia for resale outside of Georgia,except that no deliveries or shipments shall be made into any state the laws of which prohibit the consignee from receiving or selling the same. Beer owned and, or possessed,for sale,by any such person may upon permits of the Board and upon payment of any excise tax due thereon be sold to any person authorized to purchase the same for resale.
SECTION 22. BE IT FURTHER ENACTED, that in addition to the foregoing State licenses provided for in this act, the council or other governing body of each city and town in the State is hereby authorized to provide by ordinance for the issuance of city and town licenses,and to charge and collect license taxes therefor, to persons licensed by the Board to manufacture,bottle and, to sell, within said city and town, alcoholic beverages. The license taxes which may be charged and collected by such cities and towns shall not exceed the following sums:

First. For each distiller's license,one thousand dollars per annum; no such local license shall be required for any person who shall manufacture not more than five thousand gallons of alcohol or spirits or bo~n such license year;
Second. For each win~ry license,one thousand follars per annum;
Third. For each brewery license, one thousand dollars per annum;

TUESDAY, FEBRUARY 19, 1935.

1219

Fourth. Fpr each bottler's license,!ive hundred dollars per annum;
Fifth. For each wholesale beer license, in a city in excess of thirty thousand populatlon,two hundred and fifty dollars, in a city of less than thirty thousand populatlon,one hundred and twenty-five dollars, and in a town,seventy-!ive dollars per annum;
Fifth-a. For each wholesale wine distributor's license !!tty dollars per annum, and tor each wholesale druggist license,ten dollars per annum;
Sixth. For each retail on-premises wine and beer license tor a hotel,restaurant or club, and tor each retail ott-premises wine and beer license, in a city in excess of thirty thousand population one hundred and fifty dollars, in a city of less than thirty thousand population,seventy-!ive dollars, and in a town thirty-seven dollars and fifty cents,per annum;
Seventh. For each retail on-premises beer license tor a hotel,restaurant or club,and tor each druggist license,lri a city in excess of thirty thousand population,one hundred dollars,in a city less than thirty thousand populatlon,!i!ty dollars, and in a town, twenty-five dollars per annum;
Eighth. For each banquet 11cense,t1ve dollars. {b) No local license tax shall be either charged or collected !or the privilege of selling wine and beer,or beer,in dining rooms and other designated rooms ot boats, and dining cars,bu!fet cars and club cars of trains, when carrying passengers, for consumption on the premises only. {c) The council or other governing body of a city may,in its dlscretion,classi!y licenses and graduate the license taxes therefor in such manner as it may deem proper. {d) No city or town shall issue any such local license to any person,unless such person shall hold

1220

JouRNAL or THE HousE,

or shall secure simultaneously therewith the proper State license provided for 1n this Act. If any person shall hold any such local license without at the same time holding the proper State license provided for by this Act, such local license shall,during the period when such person does not hold the proper State license,confer no r!ghts,powers or privileges under the provisions of this act upon such person.

SECTION 23. plus of money

BE IT FURTHER ENACTED thus remaining in the

THAT Trea

s1

the ury

s of

urthe

State at the end of each fiscal year after deducting

the anticipated revolving fund necessary to conduct

the business for the following year,be and the same

is appropriated to such purposes as are now pre-

scribed by existing law.

SECTION 24. BE IT FURTHER ENACTED THAT,

(a) There is hereby levied on all beer manufactured in Georgia an excise tax at the rate of two dollars and seventy-five cents per barrel of thirtyone gallons, and a tax at the same rate on such beer in containers of more or less than thirty-one (31) gallons,but on such beer 1n bottles of not more than twelve ounces each the tax shall be one cent per bottle. Such tax shall be paid by the person who manufactures the said beer.

(b) There is hereby levied on all beer bottled in Georgia and on all beer sold in Georgia,an excise tax at the rate of two dollars and seventy-five cents per barrel of thirty-one (31) gallons,a tax at the same rate on such beer in containers or more or less than thirty-one (31) gallons,but on such beer in bottles of not more than twelve ounces each the tax shall be one cent per bottle. The tax herein levied shall be paid by the respective bottlers and wholesalers of the said beer. No such tax shall be collected upon any beer bottled or sold in Georgia when the State excise tax provided for in this act shall have been previously levied and paid thereon in full; but if on beer bottled in Georgia there shall have been paid by the manufacturer the excise tax herein

TUESDAY, FEBRUARY 19, 1935.

1221

levied on beer manufactured in Georgia,such bottler shall pay all additional excise taxes which may be due on such beer in bottled form.
(c) When any person shall sell or offer for sale in Georgia any beer purchased or obtained from any person not licensed either as a brewery,bottler or wholesaler under the provisions or this act, and on which the State excise tax herein levied has not been paid such person shall pay the tax levied in the preceding subsection.
(d) No retail license authorizing the licensee to sell beer under the provisions of this act shall be valid unless and until the person to whom such license is issued shall have filed with the State Revenue Commission bond,with a guaranty or surety company licensed to do business in the State as surety or personal surety approved by said State Revenue Commission in such penalty as the said Commission may find to be sufficient to cover the tax liability of such person,but in no event to be less than one thousand dollars. The State Revenue Commission,however,shall waive the bond requirement aforesaid with respect to any person who may file a satisfactory contract or agreement with the State Revenue Commission that such person will purchase for resale beer fr,om manufacturers, bottlers or wholesalers licensed in this State and from no one else. The State Revenue Commission shall promptly notify the Board of each such bond filed,each such contract or agreement entered into, and each amendment,alteration or cancellation thereof.
(e) On or before the tenth day of each month every person manufacturlng,bottling or selling any beer in Georgia shall file with the State Revenue Commission a report under oath on forms which shall be prescribed by the State Revenue Commission showing the quantity of all beer manufactured,bottled and/or sold by such person during the preceding month,the amount of tax for which such person is liable under the provisions of this act and containing such other information as the State Revenue Commission

1222

JouRNAL OF THE HousE,

may requ~re; provided that corporations licensed to sell wine and/or beer on dining cars,club cars and/or boats shall have thirty (30) days from the end of each month within which to file the monthly reports required by this subsection.
At the same time such person shall pay to the State Revenue Commission all such excise taxes chargeable against him under the provisions or this act on all such beer so manufactured and/or sold during the preceding month.
The provisions or this subsection as to the filing of such monthly reports shall not be applicable to any person licensed hereunder to sell beer at retail who purchased beer from manufacturers,bottlers or wholesalers licensed in this State and from no one else, provided,such person shall have duly filed with the State Revenue Commission contract or agreement mentioned in the preceding subsection.
(f) The excise tax herein provided for shall not be chargeable against any manuracturer,bottler or wholesaler on any beer shipped out or this state by such manutacturer,bottler or wholesaler for resale out or this State,provided evidence satisfactory to the State Revenue Commission be submitted to him in writing at the same time when such tax would be otherwise payable that such beer was shipped out of this State by such manufacturer, bottler or wholesaler for resale out_of this State.
(g) All monies collected by the State Revenue Commission under the provisions of this act shall be promptly paid into the general fund or the state treasury.
(h) It any person licensed under the provisions ot this act shall give or furnish gratuitously to any person in Georgia any beer on which the excise tax herein provided tor has not been paid,such ~1ft or furnishing shall tor the purpose of this Eect1on be considered a sale.

TuESDAY, FEBRUARY 19, 1935.

1223

SECTION 25. BE IT FURTHER ENACTED, that the State Revenue Commission is hereby authorized to adopt such rules and regulations as it may find expedient for the enforcement of the excise tax provisions of this act. It is specifically authorized to require the use of stamps upon any packages containing beer taxable under this act and offered for sale in Georgia,evidencing the payment of the said excise tax upon the contents of every such package,evidencing the payment of the said excise tax upon all such beer so bottled. It is further authorized to promulgate rules and regulations governing the purchase, sale and distribution o.f such stamps and to provide for the sale of such stamps through county and city treasurers.
SECTION 26. BE IT FURTHER ENACTED, that every person who is licensed in Georgia to manufacture, to bottle or to sell at wholesale any alcoholic beverages manufactured, bottled and/or sold by him,such records shall show the quantities of all such alcoholic beverages manufactured and/or bottled by him, the dates of all sales and deliveries or shipments, the names and addresses of all persons to whom sales and deliveries or shipments are made,the quantities and kinds of alcoholic beverages sold and delivered or shipped and the prices charged therefor.
(b) Every person licensed to sell at retail any alcoholic beverages shall keep a complete and accurate record of all purchases thereof,the dates of such purchases, the kinds and quantities of alcoholic beverages purchased,the prices charged such licenses therefor, and the names and addresses of the persons from whom purchased. Every such licensee shall also preserve all invoices showing his purchases. He shall,unless he has signed the agreement provided in subsection (d) of section twenty-four of this act,also keep an accurate account of daily sales,showing quantities of alcoholic beverages sold and the total price charged by him therefor; such account need not give the names or addresses of the purchases thereof.

1224

JouRNAL OF THE HousE,

(c) All such records,invoices and accounts shall at all times be open to inspection by the Board,by the State Revenue Commission and any person or persons that may be designated as an agent by them or either of them.
(d) The Board,the State Revenue Commission and the agents duly authorized by them or either of them shall at all times be allowed free access during business hours to every place in this State where alcoholic beverages are manuractured,bottled, stored,offered tor sale or sold,for the purpose of examining and inspecting such place and all records, invoices and accounts therein.
SECTION 27. BE IT FURTHER ENACTED, that upon a petition of the qualified voters or any county,city or town having a population of nine hundred or more inhabitants according to the last preceding United States census filed with the Ordinary and signed by a member, not less than thirty per centum of the number of votes cast by qualified voters of the county,city or town and counted for presidential electors in the last preceding presidential election in the said county,city or town,but in no event less than one hundred,asking that a referendum be held on the questions (first) shall the sale of beer and wine be permitted in the said county, city, or town, and (second) shall the sale or alcoholic beverages, other than beer and wine, be permitted in the said county, city, or town, the Ordinary shall by order entered or record require the regular election officials or the county,city or town,on the date fixed in the order,to open the polls and take the sense of the qualified voters of the county,city or town,on the questions submitted as herein provided. Subject to the provisions contained in subsection (b) of this section, such election shall be held not more than ninety days nor less than sixty days from the filing of the petition, but shall not be held on any day that any other election is held in the said county,city or town. The Ordinary shall cause a notice of such election to be published in some newspaper published in or

TuESDAY, FEBRL'ARY 19, 193.J.

1225

having a general circulation in the said county, city,or town once a week for four consecutive weeks.
The regular election officers of the county,city, or town at the time designated in the order authorizing the vote shall open the polls at the various voting places in the county,city,or town, and conduct the election in such manner as is provided by law in other elections in so far as the same.is applicable. The election shall be by ballot and the ballot shall be prepared by the Ordinary and distributed to the various election precincts as in other elections. On the ballot used shall be printed the following:
First. Shall the sale of beer and wine,(containing more than three and two tenths per centum of alcohol by weight) be permitted in ?
YES
NO (Strike out one) Second. Shall the sale of alcoholic beverages, other than beer and wine,be permitted in ?
YES
'NO (Strike out one) In the blanks shall be insert~d the name of the county,city or town in which the electi~n is held. Any voter desiring to vote "Yes" in answer to either question shall draw line through the word "No" and leave the word "Yes" unscratched; any voter desiring to vote "No" shall draw a line through the word "Yes" and leave the word "No" unscratched. The ballots shall be counted,returns made and canvassed as in other elections and the results

1226

JouRNAL oF THE HousE,

certified by the Ordinary to the Superior Court Judge. The court,or judge thereof,shall enter of record declaring the results of the said election and the said results shall be transmitted to the Board and to the Board of commissioners of Roads and Revenues, the council or other governing body of the county,city,or town.
(b) The election herein provided for shall be held in any county,city or town in any year in which there is in such county,city or town a general election for the election of an Attorney General of Georgia, treasurer, and Governor or either or any of such officers. After an election,such as is provided for in this seCtion,shall have been held in any county, city,or town,no other such election shall be held in the said county,city or town until the expiration of four years from the date of such prior election; provided this shall not preclude there being held in a town having a population of nine hundred or more inhabitants according to the last preceding United States census within such period an election within such town although an election has been held in the county in which said town or part thereof is located less than four years prior thereto.
SECTION 28. BE IT FURTHER ENACTED, that if any election held pursuant to the next preceding section in any county,city,or town a majority of the qualified voters voting therein shall vote "No" on the question shall the sale of beer and wine be permitted therein, then on and after sixty days from the date on which the order of the court,or of the judge thereof,setting forth the results of such election shall be entered of record,no beer or wine shall be sold in such county, city or town,except for delivery or shipment to persons outside of or to druggists in such county,city or town authorized under this act to acquire the same for the purpose of resale,provided that this subsection shall not apply to corporations operating dining cars,buffet cars, club cars and passenger boats selling wine and beer to bona fide passengers.

TuESDAY, FEBRUARY 19, 1935.

1227

(b) It in any such election a majority ot the qualified voters voting therein shall vote "No" on the question shall the sale of-alcoholic beverages other than beer and wine be permitted in said county,city or town,then on and after sixty days !rom the day on which the order of the court,or ot the judge thereof in vacation,setting forth the results ot such election shall be entered ot record,no alcoholic beverages other than beer and wine shall be sold therein,except tor delivery or shipment to per- sons outside ot and to druggists in such county,city or town authorized under this act to acquire the same tor the purpose ot resale.
(c) It any such election be held in any county,city or town in which a majority ot the qualified voters thereof shall have previously voted against permitting the sale ot beer and wine or against permitting the sale of alcoholic beverages other than beer and wine, or both,therein and in such subsequent election a majority of the voters voting therein vote "Yes" on the questions shall the sale of beer and wine be permitted in the said county,city or.town, and shall the sale of alcoholic beverages other than beer and wine be ~ermitted in the said county,city or town, or both Yes" on either ot the said questions,beer and wine,or alcoholic beverages other than beer and wine,or both,as the case may be,may in accordance with the provisions ot this act be sold within the said county,city or town, on and after sixty days !rom the day on which the order ot the court,or ot the judge thereot,setting forth the results ot such election shall be entered ot record.
(d) The provisions ot this section shall not be construed to prevent in any county,city or town,the sale and delivery or shipment ot alcoholic beverages specified in sections twenty-nine,thirty and thirtyone, to and be persons therein authorized to sell the same,nor to prevent the delivery or shipment of alcoholic beverages under regulations of the Board into any county,city or town,except as otherwise prohibited by this act.

1228

JouRNAL or THE HousE,

(e)For the purposes of this section,when any election shall have been held in any town,separate and apart from the county in which such town or a part thereof is located,such town shall be treated as being separate and apart from such county.
SECTION 29. BE IT FURTHER ENACTED, that the provisions of this act shall not be construed to prevent in any county,city or town,nor to require any person to be licensed under the provisions of this act to engage in:
(a) The manufacture,sale and delivery or shipment by persons authorized under existing laws to engage in such business,or any medicine containing sufficient medication to prevent the same being used as a beverage;
(b) The manufacture,sale and delivery or shipment by persons authorized under existing laws to engage in such business,0f any medicinal preparations manufactured in accordance with formulas prescribed by the United States pharmacoepia,and national formulary,patent and proprietary preparations, and other bona fide medicinal and technical preparations which contain no more alcohol than is necessary to extract the medicinal properties of the drugs contained in such preparations,and no more alcohol than is necessary to hold the medicinal agents in solution and to preserve the same,and which are manufactured and sold to be used exclusively as medicine and not as beverages;
(c) The manufacture,sale and delivery or shipment, of toilet,medicinal and antiseptic preparations and solutions not intended for internal human use nor to be sold as beverages;
(d) The manufacture and sale ot food products known as flavoring extracts which shall be so manufactured and sold for cooking and culinary purposes only and not to be sold for beverage purposes.

TUESDAY, FEBRUARY 19, 1935.

1229

SECTION 30. BE IT FURTHER ENACTED, that except as otherwise provided in Section Twenty~ine of this act,persons holding druggist's license issued under the provisions of this act shall sell alcoholic beverages only for medicinal purposes and then only upon a written prescription of a physician,setting forth the name and address of the person for whom prescribed,the kind and quantity of alcoholic beverages prescribed. This section shall not,however, prevent any druggist from selling alcohollc beverages in accordance with the terms of any other license which may be issued to him under the provisions of this act.

Each druggist shall preserve,separate from other prescriptions,for a period of two years from the date filled,all prescriptions for alcoholic beverages filled by him. Such prescriptions shall at all times be open to the inspection of the Board and of any duly autho~ized agent thereof.

SECTION may admin

31. iste

BE ra

l

IT co

FURTHER holic be

vEeNrAaCgTeEsDt1oaa

physi bona

ci f

an ide

patient in cases of actual need when in the judgment

of the physician the use of alcoholic beverages is

necessary;

(b) A dentist who deems it necessary that a bona fide patient being then under treatment by him is in actual need of and should be supplied with alcoholic beverages as a stimulant or restorative may administer to the patient alcoholic beverages;

(c) A veterinary who deems it necessary may in the course of his practice administer or cause to be administered alcoholic beverages to a dumb animal;

(d) A person in charge of an institution regularly conducted as a hospital or sanatorium for the care of persons in ill health,or as a home devoted exclusively to the care of aged people,may administer or cause to be administered alcoholic beverages to any bona fide patient or inmate of the institu-

1230

JouRNAL OF THE HousE,

tion who is in need of the sa~e,either by way of external application or otherwise for emergency medicinal purposes, and may charge for the alcoholic beverages so administered, and carry such stock as may be necessary for this purpose.
(e) Communion services of any church of any creed, the minister of the said church may administer such alcoholic beverage as he deems fit and suitable for the demonstration of such tenets in said faith.
SECTICN 32. BE IT FURTHER ENACTED, when after hearing upon due notice it shall be made to appear to the satisfaction of the Judge of the Superior Court that any person,resident or soJourning within Georgia,has on or after the day on which this act becomes effective been convicted of driving or running any automobile,car,truck,motorcycle,engine or train while intoxicated or has shown himself to be an improper person to be allowed to purchase alcoholic beverages,the court,or the Judge, thereof,may make an order of intoxication prohibiting the sale of alcoholic beverages to such person until further ordered. The court or Judge entering any such order shall cause a copy of the same to be forthwith filed with the Board.
(b) Upon any such order being filed with the Board, the Board shall forthwith notify,in such manner as it may provide by its regulations the interdicted person, the managers of all state stores and all persons licensed under the provisions of this Act to sell alcoholic beverages at retail,of such order. It shall thereafter as long as such order shall remain in effect be unlawful for any one to sell alcoholic beverages to such interdicted person,except in accordance with the provisions of Sections 29,30 and 31 of this act.
(c) The court or Judge entering any order of interdiction may thereafter at any time alter,amend or cancel the same as in its judgment it shall deem proper. A copy of each such alteration,amendment and cancellation shall be filed with the Board and notice

TuESDAY, FEBRUARY 19, 1935.

1231

thereof given by the Board as hereinbefore provided as to orders of interdiction.
(d) Any hearing or investigation under this section by any Court or Judge may be held in private if the court or person accused shall so direct.
SECTION 33. BE IT FURTHER ENACTED, all stills and distilling apparatus and material for the manufacture of same,and all alcoholic beverages and materials used in the manufacture of alcoholic beverages, and all containers in which alcoholic beverages may be found,which are kept,stored,possessed,or in any manner used in violation of the provisions of this act,shall be deemed contraband and shall be forfelted to the State.
SECTION 34. BE IT FURTHER ENACTED, if there be complaint on oath that alcoholic beverages are being manufactured,sold,kept,stored,or in any manner held,used or concealed in a particular house,or other place, in violation of law,the justice of the peace,or the mayor of any city or town,to whom such complaint is made,if satisfied that there is a probable cause for such belief, shall issue a warrant to search such house or other place for alcoholic beverages. Such warrants,except as herein otherwise provided,shall be issued,directed and executed in accordance with the laws of Georgia pertaining to search warrants.
(b) Warrants issued under this act for the s~arch of any automobile,boat,conveyance or vehicle,whether of like kind or not,or for the search of any trunk, grip or other article of baggage,whether of like kind or not,for alcoholic beverages,may be.executed in any part of the State where the same are overtaken and shall be made returnable before any justice of the peace,the mayor of any city or town, within whose jurisdiction such automobileiboat,conveyance,vehlcle,trunk,grip or other artie e of baggage,or any of them,were transported or attempted to be transported contrary to law.

1232

JouRNAL or THE HousE,

SECTION 35. BE IT FURTHER ENACTED, that all proceedings for the confiscation of articles declared contraband and forfeited to the State under this act shall be proceeded against as provided in this section:
(a) Whenever any art1cle,which under the provisions of this act is declared contraband and required to be forfeited to the state,has been seized, with a warrant,by any officer charged with the enforcement of this act,he shall produce the same,and the person in whose possession it was found,if any, and if no person be found in possession of said articles the return shall so state. A copy of said warrant shall be posted on the door of the building or room wherein the same was found,or if there be no door,then in any conspicuous place on the premises.
(b) Upon the return of the warrant as provided in this section,the justice of the peace shall fix a time not less than ten days,unless waived by the accused in writing,the accused having the right to do so,and not more than thirty days thereafter,for the hearing of said return when he shall proceed to hear and determine whether or not the articles so seized, or any part thereof,were used or in any manner k~pt, stored or possessed in violation of any of the provisions of this act.
At such hearing if no claimant shall appear,the justice of the peace shall declare the articles seized forfeited to the State and, if such articles be not necessary as evidence in any pending prosecution,shall turn the same over to the Board as herein required. At such hearing any person claiming any interest in any of the Articles seized may appear and file a written claim setting forth particularly the character and extent of his interest,whereupon, if the trial be before a justice of the peace,he shall forthwith certify the warrant and the articles seized with the claim filed therein which claim shall be tried and disposed of according to the laws now existing as to all other claims in his court triable.

TuESDAY, FEBRUARY 19, 1935.

1233

If upon such hearing,the evidence warrants, the court shall thereupon enter a judgment of forfeiture, and order the article so seized to be turned over to the Board as is herein required,such judgment however may be reviewed as other judgments in his court be now reviewed under existing laws. Action under this section and the forfeiture of any articles thereunder shall not be a bar to any prosecution under any other provisions of this act.
(c) Any articles forfeited to the State and turned over to the Board in accordance with the provisions of this section,shall either be destroyed or sold by the Board as in its discretion shall be deemed proper. The net proceeds from every such sale shall be paid into the state treasury as a special contraband fund.
All alcoholic beverages and articles confiscated shall be turned over to the Board and disposed of as is provided in this subsection.
SECTION 36. BE IT FURTHER ENACTED, that (a) Except as otherwise provided 1n sections twenty-nine and fifty-eight of this act,if any person shall manufacture in this State alcoholic beverages without being licensed under the provisions of this act to manufacture such alcoholic beverages,or if any person other than one who holds a brewery license or a bottlers' license under the provisions of this act shall bottle beer for sale,he shall be guilty of a misdemeanor.
(b) Every person found at any distillery,wtnery or brewery where alcoholic beverages are being manufactured in violation of the provisions of this act shall be deemed prima facie guilty of manufacturing the same or aiding and abetting in such manufacture and upon conviction thereof shall be punished as a principal.
SECTION 37. BE IT FURTHER ENACTED, that if any person who is not licensed under the provisions of this Act to sell alcoholic beverages in this state shall s~ll any alcoholic beverages other than permitted by

1234

JouRNAL OF THE HousE,

the provisions ot this Act, he shall be guilty of a misdemeanor.
SECTION 38. BE IT FURTHER ENACTED, it any person holds a license issued under the provisions of this act,
(a) shall sell any alcoholic beverages ot a kind other than that which such license or this act authorizes him to sell,or
(b) shall sell beer to which wine,spirits,or alcohol,or more than one of any such alcoholic beverages, has been added, or
(c) shall sell wine to which spirits or alcohol, or both,have been added,otherwise than as required in the manufacture thereof under regulations of the Board,or
(d) shall sell alcoholic beverages of a kind which such license or this act authorizes him to sellibut to any person other than to those to whom such icense or this act authorizes him to sell, or
(e) shall sell alcoholic beverages which such license or this act authorizes him to sell!but in any place or in any manner other than such 1 cense or this act authorizes him to sell, or
(f) shall sell any alcoholic beverages when torbidden by the provisions ot this act, or
(g) shall keep or allow to be kept, other than in his residence and tor his personal use,any alcoholic beverages other than that which he is authorized to sell by such license or by this act, he shall be guilty ot a misdemeanor.
SECTION 39. BE IT FURTHER ENACTED, that 1! any person shall,except pursuant to the provisions o! sections twenty-nine,thirty,and thirty-one ot this act, sell any alcoholic beverages

TuESDAY, FEBRUARY 19, 1935.
(a) To any person less than twenty-one years of age, or
(b) To any interdicted person, or (c) To any person who 1s intoxicated, or (d) To any patient under the supervision or control of any state hospltal,whether such patient be on furlough or otherwlse,he shall be guilty of a misdemeanor. SECTION 40. BE IT FURTHER ENACTED, that if any person, other than the common carrier operating in the interstate or foreign commerce,licensed under the provisions of this act to sell wine at retail shall sell any wine not purchased from the Board he shall be guilty of a misdemeanor. SECTION 41. BE IT FURTHER ENACTED, that any person licensed under the provisions of this act who shall tall or refuse to pay an excise tax provided for in section twenty-tour of this act,or shall tail or refuse to deliver, keep and preserve such records,1nvo1ces,and accounts as are required by section twenty-six of this act,or shall tall or refuse to allow such records,involces and acco~ts or his place of business to be examined and inspected as herein provided shall be guilty of a misdemeanor. SECTION 42. BE IT FURTHER ENACTED, that if any person shall violate the terms of any contract or agreement entered into pursuant of section twentyfour ot this act between such person and the State Revenue Commission by the purchase by such person ot any beer tor resale from any one other than a manutacturer,bottler or wholesaler, licensed in this State,such person shall be guilty of a m1sdemeanor,and punished as provided in section fiftynine of this act; upon such conviction the license ot such person shall be automatically revoked.

123f)

JocRNAL oF THE HousE,

SECTION 43. BE IT FURTHER ENACTED, if the use of stamps shall be required by the State Revenue Commission under the authority of this act, it shall be a misdemeanor for any person to distribute,deal in or sue any stamps except in accordance with rules and regulations prescribed by the State Revenue Commission; the forging or counterfeiting of any such stamps or crowns shall constitute a felony punishable by confinement in the penitentiary for not less than two nor more than ten years.

SECTION 44. BE IT FURTHEH ENACTED, if any person shall for any purpose whatsoever,mix or permit or cause to be mixed with any alcoholic beverages kept for sale,sold or supplied by him as a beverage,any drug,or any form of methyl alcohol,or any crude,unrectified or impure form of ethyl alcohol,or any other deleterious substance or liquid he shall be guilty of a misdemeanor.

SECTION 45. BE IT FURTHER ENACTED, if any person shall,in this State,buy alcoholic beverages from any person other than the Board,a government store or some person authorized under the provisions of this act to sell the same he shall be guilty of a misdemeanor.

SECTION 46. BE IT FURTHER ENACTED, if any person, other than a common carrier,shall have,possess,keep, carry,ship or transport alcoholic beverages which are acquired by such person or any person for whom he is acting in violation of the provisions of this act he shall be guilty of a misdemeanor.

SECTION 47. BE IT FURTHER ENACTED, if any person

shall sell any bay rum in this State except upon

prescription of a physician he shall be guilty of a

mleisssdetmhaeannoorn,eu-nfloeussrththeofsaaidgrbaainy

rum contains not of tartar emetic

per fluid ounce.

SECTION 48. BE IT FURTHER ENACTED, if any person shall keep,store or have in possession any still, or distilling apparatus,without a permit from the

TuESDAY, FEBRUARY 19, 1935.

1237

Control Board, he shall be guilty of a misdemeanor.

SECTION 49. BE IT FURTHER ENACTED, (a) it any person shall take a drink of alcoholic beverages or shall tender a drink of alcoholic beverages to another1 whether accepted or not, or shall be and appear In an intoxicated condition on any public street or highway, or within the curtilage of any private residence not in the exclusive possession of the person or persons so intoxicated without the consent of the person or persons in possession ot such residence,or upon any steamboat engaged at the time in carrying passengers,or upon any railway passenger train,or at or on any fair grounds,ball grounds,show grounds,park or at any other place of public gathering or assembly,which said drunkenness or intoxication may be caused by the excessive use of intoxicating wines,beers or opiates,and must be made manifest by bo1sterousness,or by indecent condition or acting,or by vulgar,profane or unbecoming language,or loud and violent discourse of the person or persons so intoxicated or drunken,he shall be guilty of a misdemeanor. This section shall not be construed to effect the powers delegated to municipal corporations to pass by-laws to punish drunkenness or disorderly conduct within their corporate limits. The words public streets or highway used in this section are intended to include and shall be construed to mean any public or private streets,road or private way generally used and traveled by the public or by the community where said street,road or private way is located.

(b) This section shall not prevent any person

from drinking alcoholic beverages or offering a

drink of alcoholic beverages to another in the din-

ing room or other designated room,as defined in sec-

tion fourteen of this act, of a hotel,restaurant,

club,or boat or in a dining car,club car,or buffet

car or any train,provided such hotel,restaurant,

club boat,dining car,club car,or buffet car,or the

person who operates the same,is licensed to sell

tor consumption in such alcoholic bev

such d1n1ng-room,roam erages,and the alcohol

i

o c

rbcevaer 1rages

drunk or offered were purchased therein.

1238

JouRNAL OF THE HousE,

SECTION 50. BE IT FURTHER ENACTED, (a) If any manufacturer,bottler or wholesaler of alcoholic beverages,whether licensed in this State or not,or any officer or director of any such manutacturer,bottler or wholesaler of alcoholic beverages,whether licensed in this State or not, or any officer or director of any such manufacturer,bottler or wholesaler shall have any financial interest,direct or indirect,in the business for which any retail license is issued, under the provisions of this act, or in the premises where the business of any person to whom such retail license has been issued is conducted,or either directly or indirectly shall sell,rent,lend,buy for, or give to any person who holds any retail license under the provisions of this act,or to the owner of the premises on which the business of any such person so licensed is conducted,any money,equipment, furniture,fixtures or property with which the business of such retailer is or may be conducted, he shall be guilty of a misdemeanor.
(b) If any person licensed hereunder to sell at retail any alcoholic beverages shall consent to any violation of this section,he shall be guilty of a misdemeanor.
SECTION -51. BE IT FURTHER ENACTED, if any member, officer, agent or employee of the Board shall be directly or indirectly interested or engaged in any other business or undertaking dealing in alcoholic beverages,whether as owner,part owner,partner,member of synd1cate,shareholder,agent or employee and whether for his own benefit or in a fiduciary capacity for some other person,or if any member,officer, agent or an employee of the Board shall solicit or receive,directly or indirectly any commission,remuneration or gift whatsoever from any person or corporation having sold,selling or offering alcoholic beverages for sale to the Board in pursuance of this act, or if any officer or employee of the state shall solicit or receive any comm1ss1on,remunerat1on or gift from any such person or corporation in connection with the sale or offering for sale alcoholic beverages to the Board other than for legal services,

TuESDAY, FEBRUARY 19, 1935.

1239

or,if any person selling or offering for sale to,or purchasing alcoholic beverages from,the Board shall, either directlY or indirectly,offer to pay or pay any commission, profit or remuneration,or make any gift,to any member, officer,agent or employee of the Board,or to any one on behalf of any such member, otticer,agent,or employee,he shall be guilty of a felony and upon conviction shall be confined in the penitentiary not less than one year nor more than ten years,or,in the discretion of the jury or the court trying the case without a jury,contined in jail not more than twelve months or tined not more than five hundred dollars,or both.
SECTION 52. BE IT FURTHER ENACTED, All houses, boathouses,buildings,tents,clubs,traternity and lodge rooms,boats,cars and places of every description including drug stores,where alcoholic beverages are manufactured, stored,sold,disposed,given away or used contrary to law by any scheme, or device whatever,shall be held,taken and deemed common nuisances. Any person who shall maintain,or who shall aid or abet or knowingly be associated with others in maintaining such common nuisances shall be guilty ot a misdemeanor and judgment shali be given that such house,buildlng,tent,boat-house,car or other place, or any room or part thereof,be closed up, but the . court may upon the owner giving bond in the penalty ot not less than five hundred dollars and with security to be approved by the court,conditioned that the premises shall not be used tor unlawful purposes, or in violation of the provisions of this act for a period of five years turn the same over to its owner; or proceedings may be had in equity as provided in section fifty-three ot this act.
SECTION 53. BE IT FURTHER ENACTED, The Board,duly authorized agents of the Board,the attorney for the State, or any citizen of the county,city or town, where such a nuisance as is defined in section fiftytwo ot this act exists,or is kept or maintatned,may, in addition to the remedies given in and punishment imposed by this Act,maintain a suit in equity in the name of the State to abate and perpetually to enjoin

1240

JouRNAL OF THE HousE,

the same. The courts of equity shall have jurisdiction thereof, and in every case where the bill charges, on the knowledge or belief of complainant, and is sworn to by two reputable citizens, that alcoholic beverages are manufactured,stored,sold,dispensed,given away,or used in any house,building, boat-house,club-room,fraternity room,lodge room, hotel,boarding house,apartment house,lodging house, boat,tent,or any place contrary to the laws of this State,an injunction shall be granted as soon as the bill is presented to the court or judge at chambers. The injunction shall enjoin and restrain the owners, tenants,their agents,employees,servants, and any person connected with said house,building or other place named in this section,and all persons whomsoever from manufacturing,storing,selling,dispensing, giving away,or using alcoholic beverages in said house,building, boat-house,club-room,fraternityroam, boat,tent,or other place named in this section,and shall also restrain all persons from removing any alcoholic beverages then on said premises until the further order of the court. Upon the hearing of the cause,when it shall have been matured and set for hearing as required by lawiupon deposition of witnesses,documentary and ora evidence,or the court or judge in vacation,shall be satisfied that the material allegations of the bill are true,although the premises complained of may not be unlawfully used, it or he shall continue the injunction against such house,building or place for such period of time as the court may think proper,with the right to dissolve the injunction upon the application of the owner of such house,building or place if a proper case is shown for dissolution.
SECTION 54. BE IT FURTHER ENACTED, if any person shall unlawfully manufacture,transport,or sell any alcoholic beverages,as herein defined,and at the time of such unlawful manufacturing, transpo_rting,or selling or aiding or assisting in any manner in such act, shall carry on or about his person,or have on or in any vehicle which he may be using to aid him in any such purpose,or have in his possession, actual or constructive,at or within one hundred

TuESDAY, FEBRUARY 19, 1935.

1241

yards of any place where any such alcoholic bever-

ages are being unlawfully manufactured,transported

or sold,any firearm,or any weapon of like kind,he

shall be guilty of be confined in the

a p

efneiltoennyt11aanrdy

on conviction not less than

shall one

year,nor more than of the jury,or the

three court

ytreyairnsg,otrh1

e

i

n ca

the di se wit

scre hout

t

io a

n

mjuornyt1hcso,nnfo1rnmedorein

t

the han

jail for not less twelve months.

than

six

SECTION 55. BE IT FURTHER ENACTED,

(a) No alcoholic beverages other than wines or beer shall be imported,shipped,transported or brought into this State unless the same be consigned to the Board; the Board may,however,permit such alcoholic beverages ordered by it from without this State for persons for industrial purposes,for manufacturing articles allowed to be manufactured under section twenty-nine of this act, for wholesale druggists,for druggists,or for hospitals,to be shipped or transported direct to such personsi provided that on orders or shipments of alcoho the Board shall charge no profit other than a reasonable fee to be fixed by the Board.

(b) No wine shall be imported,shipped,transported or brought into this State unless the same be consigned to the Board or to persons holding wholesale wine distributors' licenses issued pursuant to the provisions of this act; the Board may,however,permit wine ordered by it from without this State for persons licensed under this act to sell the same at retail,to be shipped or transported direct to such persons for purposes of resale.

(c) No beer shall be imported,shipped,transported or brought into this State except to persons licensed under the provisions of this act to sell the same.

(d) The provisions of this act shall not prevent or prohibit any person from bringing,in his possession or in his baggage into this State not for re-

1242

JouRNAL oF THE HousE,

sale,alcoholic beverages in any amount not to exceed one gallon; nor shall the provisions of this act prevent or prohibit the possession and/or storage of alcoholic beverages on passenger boats,dining cars, buffet cars and club cars, duly licensed under the provisions of this act,of common carriers engaged in interstate or foreign commerce.
SECTION 56. BE IT FURTHER ENACTED, it shall be unlawful for any person to attempt to do any of the things prohibited by this act or to aid or abet another in doing, or attempting to do, any of the things prohibited by this act.
On an indictment,information or warrant for the violation of any provisions of this act,the jury or the court of justice or mayor trying the case without a jury may find the defendant guilty of an attempt,or being an accessory, and the punishment shall be the same as if the defendant were solely guilty of such violation.
SECTION 57. BE IT FURTHER ENACTED, No action to recover the price of any alcoholic beverages sold in contravention of the provisions of this act may be maintained.
SECTION 58. BE IT FURTHER ENACTED, tna~ ~he provisions of this act shall not be construed to prevent
(a) Any person from manufacturing at his residence for domestic consumption at his residence,but not to be sold,dispensed or given away,except as hereinafter provided,w1ne or beer or both;
(b) Any person from manufacturing and selling cider to persons holding distillery licenses issued under the provisions of this act,or any person from manufacturing wine from grapes grown by the said pbrson and selling the same to persons holding winery licenses issued under the provisions of this act under the supervision of, and regulations issued by, the Board:

TuESDAY, FEBRUARY 19, 1935.

1243

(c) Any person !rom keeping and possessing alcoholic beverages iri his residence !or the personal use ot himsel!,his family,his servants or his guests, i! such alcoholic beverages shall have been lawfully acquired by him,nor to prevent such person,his !amily,or servants,!rom giving or serving such alcoholic beverages to guests in the said residence when such gift or service is in no wise a shift or device to evade the provisions or this act;

(d) Any club licensed under the provisions or this

act !rom keeping !or members of such club alcoholic

beverages lawfully acquired by such members,provided

such alcoholic beverages shall not be sold,dispensed

or given away in violation or any provision or this

act.



(e) Any person !rom having grain,rruit or fruit products and any other substance,when grown or lawtully produced by h1m,distilled by any person holding a distiller's license under the provisions or this act,and selling the alcoholic beverages so distilled to the Board or selling or shipping the same
to any person outside ar the State under regulations
ot the Board. Provided, however, that no alcoholic beverages so distilled shall be withdrawn from the place where distilled except upon and pursuant to, permits and regulations or the Board:

(!) Any person duly authorized to manufacture and sell,or either,in Georgia,or elsewhere,alcoholic beverages other than beer,!rom soliciting and taking orders !rom the Board !or such alcoholic beverages.

SECTION 59. BE IT FURTHER ENACTED, that

(a) Any person convicted or a misdemeanor under the provisions or this act,or convicted o! violating any other provision or this act,sball,unless otherwise provided,be punished by a tine not exceeding five hundred dollars or confinement in jail not exceeding twelve months or both in the discretion or the jury.

1244

JouRNAL or THE HousE,

(b) In addition to the penalties imposed by this act for violations thereofithe court before whom any person is convicted of vio ating any provision of this act,may require such defendant to execute bond with approved security,in the penalty of not more than one thousand dollars,conditioned that the said defendant will not violate any of the provisions of this act,for the terms of one year. If any such bond be required and be not given,he is ordered confined upon conviction in common jail by the said cour~, provided he shall not be confined therefor for a longer period than six months. If any such bond required by a court be not given during the term of the court by which conviction is had,it may be given before the judge thereof or before the clerk of the said court.
(c) The provisions of the act shall not be construed to prevent the Board from cancelling the license of any person convicted of violating any provisions of this act.
(d) The attorneys for the State are hereby directed to appear and represent the State before the court,trying any person for any violation of this act in their resp~ctive jurisdiction,except for drinking in public; and no court,mayor or justice shall hear such a case unless the respective attar~ ney for the State or his assistant is present or has been fully notified of such a case pending.
SECTION 59-a. BE IT FURTHER ENACTED, that every warrant,indictment,charge or prosecution now pending before the Court of Appeals of Georgia and/or any other court and/or justice or trial justice in this State involving the violations of any of the provisions of existing prohibition laws in this state and/or any of the provisions of any ordinance or any law of a municipality pertaining to beverages,may be abated,dismissed, and terminated in the discretion of the court of justice before which or whom the matter is pending. And in the event of such dismissal, any vehicle seized in connection with such violation,and not yet confiscated shall be

TuESDAY, FEBRUARY 19, 1935.

l2A5

surrendered to the owner thereof,upon demand by said owner within thirty days after said dismissal.
Where any person has been heretofore convicted of having violated any provision of any act or ordinance repealed by this act,and sentenced to jail or to the State penitentiary and 1s still confined therein or 1n the State convict road force,or at one of the State farms the court sentencing such person may in its discretion suspend the sentence whether the order suspending the sentence 1s entered during the term 1n which the sentence was imposed or not.
SECTION 60. BE IT FURTHER ENACTED no person shall be excused from testifying for the State as to any offense committed by another under this act by reason of his testimony tending to incriminate himself, but the testimony g-iven by such person on behalf of the State when called to the stand by the justice or court trying the case,or by the attorney for the State,or when summoned by the State and sworn as a witness by the court or clerk and sent before the grand jury,shall 1n no case be used against him nor shall he be prosecuted as to the offense as to which he testifies.
SECTION 61. BE IT FURTHER ENACTED, that 1t shall be the duty of the clerk of each circuit and of each justice and mayor in this State on the first day_ of each calendar month to report to the Board every case tried 1n such court or before such justice or mayor during the preceding month, for violations or the provisions of this act. Said report shall contain the full name and address or the defendant.a brief statement of the charge,and the judgment thereon. Whenever the clerk,just1ce or mayor shall fall to make such report he shall be subject to a penalty or twenty-five dollars,and 1t shall be the duty of the attorney for the State of such county or city to institute and conduct the proper civil proceedings to recover said penalty.
SECTION 62. BE IT FURTHER ENACTED, that no county, city or town shall,except as otherwise provided in

1246

JouRNAL oF THE HousE,

section twenty-two of this act providing for the issuance of local licenses,pass or adopt any ordinance or resolution regulating or prohibiting the manufacture,bottling!possession,sale,distribution, handling,transportat on,drinking,use,or dispensing of alcoholic beverages in Georgia.

SECTION 63. BE IT FURTHEJ:\ ENACTED, BY THE AUTHORITY AFORESAID, that there is herewith appropriated from the Treasury of the State,the sum of two hundred and fifty thousand dollars ($250,000) to be paid over said Control Board to enable them to carry out the provisions of this act as an initial loan to be repaid by said Board to the State of Georgia, and covered back into the Treasury on or by the first day of January 1,1936. The purpose of the loan is to enable the said Board to buy stocks of alcoholic beverages,establish State owned stores, pay salaries of officers,agents and employees of the Board and to inaugurate the purpose of this act generally.

SECTION 64. BE IT FURTHER ENACTED, that if any part or parts,section,subsection or sentence,clause or phrase of this act is for any reason by the courts declared unconstitutional,invalid or unenforceable or otherwise illegal,such decision shall not affect the validity of the remaining portions of this act which shall remain in force as if such act had been passed'with the unconstitutional,invalid,unenforceable part or parts,section,sentence, clause,or phrase thereof eliminated, and the General Assembly hereby declares that it would have passed this act if such unconstitutional,invalid, unenforceable part or parts,sect1on,subsect1on, sentence,clause,or phrase had not been included herein.

TUESDAY, FEBRUARY 19, 1935.

1247

SECTION 65. BE IT FURTHER ENACTED, that Title No. 58, sections No.lOl, to No.612, inclusive of the official code of the State of Georgia of 1933 be, and the same is hereby repealed.

SECTION 66. BE IT FURTHER ENACTED, that all laws and parts of laws in conflict with this act, be, and the same are hereby repealed.

Mr. Howard of Chattahoochee moved that the Committee of the Whole House be instructed to report House Bill No.l44 back to the House at 2:00 o'clock.

Mr. Howard of Chattahoochee moved to instruct the Committee of the Whole House to report House Bill No.l44 back to the House at 4:00 o'clock.

Mr. Lindsay of DeKalb asked unanimous consent that when the House was resolved into the Committee of the Whole House for the purpose of considering House Bill No.l44,that the Committee of the Whole House be instructed to rise at 1:00 o'clock, and report what progress was made on the bill.

The motion of Mr. Howard of Chattahoochee to report HoUse Bill No.l44 back to the House at 4:00 o'clock was lost.
The motion of Mr. Howard of Chattahoochee to re-
port House Bill No.l44 back to the House at 2:00 otclock was lost.

1248

JouRNAL oF THE HousE,

The unanimous consent request of Mr. Lindsay of DeKalb was granted.

The House was resolved into the Committee of the Whole House for the purpose of considering House Bill No.l44, and all substitutes, and the Speaker designated Mr. Sabados of Dougherty as the Chairman thereof.

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

Mr. Townsend of Dade moved that the House do now recess until 2:00 o'clock P. M., this afternoon, and the motion prevailed.

The Speaker announced the House recessed until 2:00 o'clock, P. M.

2:00 o'clock,P. M., The Speaker called the House to order. The House was again resolved into the Committee of the Whole House for the purpose of further consideration of House Bill No.l44, and the Speaker designated Mr. Sabados of Dougherty as the Chairman thereof.

TGESDAY, FEBRUARY 19, 1933.

1249

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

Mr. Harris of Richmond moved that the House do now adjourn until 9:00 o'clock tomorrow morning, the motion prevailed, and House Bill No.l44 went over as unfinished business.

The Speaker announced the House adjourned until tomorrow morning at 9:00 o'clock.

1250

JouRNAL oF THE HousE,

Representative Hall, Atlanta, Georgia.

Wednesday, February 20, 1935. 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 Allen Almand of Fulton Almand of Walton Anderson Ansley of DeKalb Ansley of Lee Arnall Atwood Bannister Bargeron Barnard Barrett Batchelor Bennett Benton Bond Booth Bowden Black Bland Blease Bloodworth Bradley Brinson Brisendine Brooks Brown of Glynn Brown of Greene Brown of Pike Burgin Bush Camp

Campbell Caswell Claxton of Camden Claxton of Johnson Clements of Calhoun Clements of Hheel-
er Cobb Cohen Coleman Coxon Culpepper of Echols Culpepper of
Fayette Darnell Daughtry Davis of Troup Deal Dean DeLoach Dobbins Dorris Douglass Durden Dyer Edwards of Lowndes Edwards of Stephens Ennis

Etheridge Felton Flynt Fowler Freeman of Freeman of Early Gannnage Gardner Garrett Gavin Gilbert Gnann Goolsby Grayson Green Griffin of Decatur Griffin of Floyd Groover Groves Guess Hammock Hampton Hand Harris Harrison Hartsfield Herndon Head Hefner Henderson

Bibb

WEDNESDAY, FEBRUARY 20, 1935.

1251

Hogan

Mitchell of La- Smith of Madison

Hogg

mar

Smith of Webster

Holland

Mitchell of

. Spivey

Hooks

Taliaferro

Standard

Horton

Moore of Clayton Stephens

Houston

Moore of Haralson Sutton

Howard of Chat- Morris

Swindle

tahoochee

Moye

Teasley

Howard of Sere- Mundy

Terrell of Hall

ven

Musgrove

Terrell of

Jackson of Bleck- Neal

Troup

ley

Newby

Terrell of War-

Jackson of Haber- Oden

ren

sham

Parham

Thompson

Joel

Parker of Col- Thrasher

Johnson

quitt

Tipton

Johnston

Parker of Union Toms

Jones of Brant- Parks

Townsend

ley

Parr

Twitty

Jones of Lumpkin Patten of Cook Warnell

Kelley

Patten of Tift Watkins

Lanier

Peebles

Watson

Lee

Peek

Weathers

Leonard of Musco- Perry

Weeks

gee

Peters

Welsch

Leonard of Walker Pound

West

Lewallen Lewis Lindsay

Preston of Bul- Whaley

loch

Whitmire

Preston of Wal- Williams of Ba-

McBride

ton

con

McCracken

Ramsey

Williams of Cof-

Mccranie

Rawlins

fee

McCutchen

Ray

Williams of

McGraw

Reagan

Jackson

McKelvey

Ross

Williams of

McNall

Sabados

Jones

Mallory

Salter

Willingham

Mann
Manning

Sammon Sartain

Wilson woods

Marshall Martin

Saunders Scruggs

Wrench Young

Milam Mills

Settle Shedd

Zellner Mr. Speaker

Minchew

Shirah

@See Appendix 1 Volume I,for absentees.

1252

JouRNAL OF THE HousE,

Mr. Lanier of Richmond . Acting-chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings bad 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 bills and resolutions under the Rules of the House. 2. Reports of Standing Committees. 3. Second reading of bills and resolutions, favorably reported. 4. Third reading and passage of local uncontested House Bills. 5. First reading and reference of Senate Bills. By unanimous consent, the following bills ~f the House were introduced, read the first time, and referred to the Committees: By Mr. Johnson of Seminole. House Bill No.716. A bill to be entitled an Act to regulate charges for ginning cotton and for bagging and ties, and for other purposes. Referred to Committee on General Agriculture No.
2.
By Mr. Edwards of Lowndes. House Bill No.717. A bill to be entitled an Act
to amend Title 114,Chapter 114-4 of 1933 Code by erasing certain words and adding others, and for other purposes.
Referred to Committee on General Judiciary No.1.

\\'EDNESDAY, FEBRUARY 20, 1935.

1253

By Mr. Edwards of Lowndes. House Bill No.718. A bill to be entitled an Act
to prevent fraud in reference to advertising for sale,selling or offering to sell plants, and to promote the plant industry, and for other purposes.
Referred to Committee on General Agriculture No.1. By Messrs. Bannister and Tipton of Thomas.
House Bill No.719. A bill to be entitled an Act to abolish the offices of tax receiver and tax collector of Thomas County; to create the office of tax commissioner, and for other purposes.
Referred to Committee on Counties and County Matters. By Mr. McCracken of Jefferson.
House Bill No.720. A bill to be entitled an Act to amend Section 92-5301 of 1933 Code with reference to compensation of tax receivers, and for other purposes.
Referred to Committee on Counties and County Matters. By Mr. McCracken of Jefferson.
House Bill No.721. A bill to be entitled an Act to amend the State Aid Road System by adding a road in Jefferson County, and for other purposes.
Referred to Committee on Public Highways No.2. By Messrs. Scruggs and Gilbert of Washington.
House Bill No.722. A bill to be entitled an Act to amend an Act establishing a county council for washington County, so as to provide for the election of members by grand jury, and for other purposes.
Referred to Committee on Special Judiciary. By Messrs. Scruggs and Gilbert of Washington.
House Bill No.723. A bill to be entitled an Act

1254

JoURNAL OF THE p JUSE,

to amend an Act fixing the compensation of the members of the Board of Commissioners of Roads and Revenue, by providing for purchase of supplies, and for other purposes.

Referred to committee on Counties and County Matters.

By Messrs. Spivey of Emanuel, Culpepper of Fayette,

Parker of Colquitt and Johnson of Seminole.

House Bill No.724. A bill to be entitled an Act

to amend Title 92, Part IX of 1933 Code, by amend-

ing Chapter taxation of

92-31, by royalties

rfreopmeauli.ngs.

the exemption patents, and

from for

other purposes.

Referred to Committee on Ways and Means.

By Messrs. Barnard of Towns, Williams of Jackson, Zellner of Monroe, Groves of Lincoln, Head of Catoosa, Darnell of Pickens and others.
House Bill No.725. A biil to be entitled an Act to amend Title 45, Chapter 45-2, Section 45-206 of 1933 Code, to reduce hunting licenses for counties from one dollar to fifty cents, and for other purposes.

Referred to Committee on Game and Fish.

By Mr. Edwards of Stephens. House Bill No.726. A bill to be entitled an Act
to reduce the bond of the Sheriff of Stephens County, and for other purposes.

Referred to Committee on Special Judiciary.

Mr. Culpepper of Fayette County, Chairman of the Committee on Appropriations, submitted the following report:

I1r. Speaker:

Your Committee on Appropriations have had under ~0ns1derat1on the following bill of the House and

WEDNESDAY, FEBRUARY 20, 1935.

1255

have instructed me as Chairman, to report the same back to the House with the following recommendation:

House Bill No. 240, do pass, as ame~ded.

Respectfully submitted, Culpepper of Fayette, Chairman.

Mr. Edwards of Lowndes County, Chairman of the Committee on State of the Republic, submitted the following report:

Mr. Speaker:

Your Committee on State of the Republic have had under consideration the following bills of the House and Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:

Senate Bill No. 6, do pass.

House House

Bill Bill

No. No.

4691611,

do do

pass. pass.

Respectfully submitted, Edwards of Lowndes, Chairman.

Mr. Spivey of Emanuel County, Chairman of the Committee on Ways and Means, submitted the following report:

Y.Jr. Speaker:

Your Committee on Ways and Means have had under consideration the followir~ bill of the House and have instructed me as Chairman to report the same back to the House with the foliowing recommendation:

House Bill No.l80, do not pass.

Respectfull~ submitted, Spivey of Emanuel, Chairman.

1256

JouRNAL or THE HousE,

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

By Senator Redwine of the 26th District. Senate Bill No.6. A bill to be entitled an Act to
amend Title 92, Part IX, Chapter 92-33, Section 923309 by repealing Section 92-3309 and enacting a new section to provide for annual appropriations for refunds of income taxes illegally collected, and for other purposes. By Mr. Williams of Coffee.
House Bill No.496. A bill to be entitled an Act to amend the Securities Act so as to regulate the licensing of agents, and for other purposes.

By Mr. Claxton of Camden. House Bill No.6ll. A bill to be entitled an Act
to create and provide for a State Racing Commission, 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. Henderson of Irwin.
House Bill No.523. A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Irwin County; to 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 nays

toh. e

passage

of

the

bill,

the

ayes

were

103,

The bill having received the requisite constitutional majority was passed.

By ~rr. Henderson of Irwin. House Bill No.524. A bill to be entitled an Act
to amend an Act creating a Board of Commissioners

\VEDNESDAY, FEBRUARY 20, 1935.

1257

of Roads and Revenues of Irwin County, and for other purposes.

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

On
nays

ot h. e

passage

of

the

bill,

the ayes

were

104,

The bill having received the requisite constitutional majority was passed.

By Mr. Ross of Dodge.
House Bill No.565. A bill to be entitled an Act to provide that all scrip warrants, etc., relating to expenses of certain courts in Dodge County,shall be drawn by the Clerk of the Superior Court upon the Treasurer of Dodge County, and for other purposes.

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

On nays

oth. e

passage

of

the

bill,

the

ayes

were

105,

The bill having received the requisite constitutional majority was passed.

By Mr. Ross of Dodge. House Bill No. 567. A bill to be entitled an Act
to amend an Act creating a new Charter for the City of Eastman, and for other purposes.

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

On nays

ot h. e

passage

of

the

bill,

the

ayes

were

107,

The bill having received the requisite constitutional majority was passed.

1258

JouRNAL oF THE HousE,

By Mr. Ross of Dodge. House Bill No. 569. A bill to be entitled an Act
to amend an Act creating the office of Commissioner of Roads and Revenues in and for Dodge County, and for other purposes.

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

On nays

oth. e

passage

of

the

bill,the

ayes

were

108,

The bill having received the requieite constitutional majority was passed.

By Mr. Howard of Screven. House Bill No.627. A bill to be entitled an Act
to amend an Act to establish the City Court of Sylvania, and for other purposes.

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

On nays

ot h. e

passage

of

the

bill,

the

ayes

were

109,

The bill having received the requisite constitutional majority was passed.

By Mr. Ansley of Lee. House Bill No.628. A bill to be entitled an Act
to amend an Act to establish the City Court of Leesburg in the County of Lee, and for other purposes.

The report 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 o.

The bill having received the requisite constitutional majority was passed.

\VEDNESDAY, FEBRUARY 20, 1935.

1259

By Messrs. Lanier, Harris and Barrett of Richmond. House Bill No.669. A bill to be entitled an Act
to amend an Act creating a Board of Civil Service Commissioners 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 nays

ot h. e

passage

of

the

bill,

the

ayes

were

111,

The bill having received the requisite constitutional majority was passed.

The following bill of the House was placed on the calendar, for the purpose of disagreeing to the unfavorable report of the Comrr.dttee:

By Mr. Marshall of Macon. House Bill No. 180. A bill to be entitled an Act
to levy a tax on soft drinks, and for other purposes.

The following resolution of the House was read:

By Messrs. Harris of Richmond and Parker of Colquitt. House Resolution No.l64. A resolution - Be it re-
solved by the House of Representatives, the Senate concurring, that when the House and Senate adjourn today, February 20th, they stand adjourned until Monday morning,February 25th at lO:OO,A. M.

On the adoption of the resolution, the ayes were 62, nays 44.

The resolution was adopted.

The following resolution of the House was read and referred to the Committee on Rules:

By Mr. Terrell of Troup. House Resolution No.l65. A Resolution - Whereas,
the business before the General Assembly is facing

1260

JouRNAL or THE HousE,

many important tasks without sufficient time to accomplish the same.
Be it resolved that all visiting Committees of the House be and they are directed to dispense with any proposed trips and that the rules be so amended.
The following resolution of the House was read and adopted: By Mr. Hartsfield of Fulton.
House Resolution No.l66. A Resolution -Be it resolved by the House of Representatives, the Senate concurring, that the State Librarian be authorized to sell the new 1933 Code to members of the General Assembly at wholesale cost.
Under the order of unfinished business, the following bill of the House was again taken up for consideration:
Mr. Harris of Richmond moved that when the House was resolved into the Committee of the Whole House for the purpose of considering House Bill No.l44, that the Committee of the Whole House be instructed to conclude all debate on the bills and amendments at 12:00,M., and at that time begin voting on the substitutes and amendments, and the motion prevailed. By Messrs. Groves of Lincoln, Grayson of Chatham, Moore of Clayton and Bargeron of Burke.
House Bill No.l44. A bill to be entitled an Act to declare that the business of manufacturing, blending, distributing at wholesale of vinous, spirituous, and alcoholic liquors for beverage purposes is a privilege under the laws of this State; to provide for a license and excise taxes upon such business; and for other purposes.
The House was resolved into the Committee of the Whole House for the purpose of considering House Bill No.l44, with instructions to conclude debate on same at 12:00 o'clock,M., and begin voting on

WEDNESDAY, FEBRUARY 20, 1935.

1261

the substitutes and amendments, and the Speaker
designated Mr. Sabados of Dougherty as the Chairman
thereof.

The Committee of the Whole House arose and through its Chairman reported House Bill No.l44 back to the House with the recommendation that the same do pass, by the Griffin-Townsend Substitute, as amended.

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

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following bills of the House,to wit:

By Mr. Weeks of Columbia. House Bill No.351. A bill to be entitled an Act
to amend an Act entitled "An Act to create and establish a new charter for the town of Harlem, in the county of Columbia", and for other purposes.

By Mr. Goolsby of McDuffie. House Bill No.354. A bill to be entitled an Act
to vest in Tax Collectors of counties of a certain population certain powers, and for other purposes.

By Messrs. House Bi

lBl lNoood.4w4o6r.thA1

Bowden and bill to be

Freeman of Bibp. entitled an Act

amending the Charter of th~ City of Macon, and for

other purposes.

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following bill of the Senate,to wit:

By Senator Millican of the 35th District. senate Bill No.79. A bill to be entitled an Act
to provide for confirmation of sales under foreclosure proceedings on real estate, and for other purposes.

1262

JouRNAL oF THE HousE,

11r. Speaker: The Senate has passed by the requisite constitu-
tional majority the following resolution of the House,to wit: By Messrs. Harris of Richmond and Parker of Colquitt.
House Resolution No.l64. A resolution that the General Assembly do adjourn February 20th until February 25th at lO:OO,A. M.
By unanimous consent, the following resolution of the House was recommitted to the Committee on Special Judiciary: By Messrs. Stephens of Laurens and SUtton of \.Jilkes.
House Resolution No.l44-639b. A resolution to investigate the right of the National Surety Corporation to continue doing business in Georgia, and for other purposes.
Mr. Terrell of Troup moved that the House instruct and direct the Committee on Rules to meet and report House Resolution No.l65 back to the House today,and the motion was lost.
Mr. Harris of Richmond moved that the House recess until 2:00 o'clock, this afternoon, and the motion prevailed.
The Speaker announced the House recessed until 2:00 o'clock this afternoon.
2:00 o'clock,P. M. The Speaker called the House to order. The following bill of the House was again taken up for consideration: By Messrs. Groves of Lincoln, Grayson of Chatham, and others. House Bill No.l44. A bill to be entitled an Act to declare that the business of manufacturing,

WEDNESDAY, FEBRUARY 20, 1935.

1263

blending, distributing at wholesale of vinous,spirituous, and alcoholic liquors for beverage purposes is a privilege under the laws of this State; to provide for a license and excise taxes upon such business; and for other purposes.

The following substitutes to House Bill No.l44 were offered:

By Messrs. Head of Catoosa and Grayson of Chatham.

A BILL

TO BE ENTITLED AN ACT to repeal Title 58 ("Intoxi-

cating liquors"), of the Code of Georgia of 1933,

which prohibits the manufacture,sale, and possession

of certain specified alcoholic, spirituous,malt and

intoxicating liquors and beverages,and Chapter 58-1

(nsale,keeping~bartering,and furnishing of liquors

Tanradnsbpeovretraatgieosri1)1 ~

and and

Chapter Chapter

58-2 58-3

("Manufacture ("Advertising

or and

soliciting orders"), and Chapter 58-4 ~"Pure Alco-

hol11),and Chapter 58-5 ("Ethyl Alcohol'), and Chap-

ter 58-6 ("Miscellaneous provisions"); to authorize

and permit the manufacture and sale of certain spe-

cified alcoholic,spirituous,and malt liquors and

beverages in certain counties of this State to pro-

hibit the manufacture and sale of certain aicoholic,

spirituous, vinous and malt liquors and beverages

in certain counties of this State; to provide a tax

on the manufacture and sale of alcoholic,spirituous,

vinous and malt liquors; to prohibit the possession

or sale of certain liquors and beverages, under cer-

tain conditions and at certain places or to be in-

toxicated, or under the influence of iiquors at cer-

tain places; to provide for a referendum and for

local option; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:
SECTION 1. That Title 58 (11 Intoxicating liquors"), of the Code of Georgia of 1933, and Chapter 58-1 in reference to the sale, keeping, bartering, and

1264

JouRNAL oF THE HousE,

furnishing of liquors and beverages, and Chapter 582 in reference to the manufacture or transportation of specified liquors and beverages, and Chapter 583 with reference to advertising and soliciting orders for specified liquors and beverages, and Chapter 58-4 in reference to the transportation and receiving and dispensing of alcohol, and Chapter 58-5 in reference to the manufacture, sale and transportation of etnvl alcohol, and Chapter 58-6 ("Miscellaneous Pr9visions")in reference to the sale of liquors within three miles of churches, carrying liquors to Sunday School and places of divine worship, being intoxicated at places of divine worship,sale near State Hospital,drunkenness in public places, streets, selling or furnishing liquors on election days, and to habitual drunkards and to minors, all being under Title 58, are hereby repealed.

SECTION 2. As used in this Act

(1) The words "alcoholic beverage" mean any liquid

intended for and capable of human consumption as a

beverage and containing one half of one per cent or

more of alcohol by volume.



(2) The words "distilled spirits" mean any alcoholic beverage containing alcohol obtained by distillation mixed v?i th water or other substance in solution, and includes brandy,rum,whiskey,gin,cordials, or other spirituous liquors by whatever name called.

(3) The word "beer" means any alcoholic beverage of any name or description manufactured by the process of fermentation from malt,wholly or in part, or from any substitute therefor.

(4) The word "wine" means alcoholic beverage of any name or description produced by the fermentation of the juice of fruits, flowers,herbs or vegetables, other than cider made from apples, and containing not more than twenty-four per cent. of alcohol by volume.

(5) The word "alcohol" means the product of dis-

WEDNESDAY, FEBRUARY 20, 1935.

1265

tillation of any fermented liquid,whether rectified or diluted, whatever may be the origin thereof.
(6) The word "person" means and includes an individual,partnership,corporation or association.
(7) The words "original package" or "original container" mean any bottle,flask,jug,can,cask,barrel, keg,hogshead or other receptacle or container used by a manufacturer to contain and to convey alcoholic beverages.
SECTION 3. (1) No person shall, within the State of Georgia,manufacture for sale,keep for sale, or sell any alcoholic beverage without first having obtained a license as provided in this Act,provided, however, nothing herein contained shall prevent the sale of cider, not to be drunk on the premises where sold, by farmers, if such cider is produced from apples raised by such farmers, and provided further solicitors from within or without the State may take orders for delivery as provided in paragraph (2) following.
(2) No alcoholic beverages intended for sale shall be imported,shipped or brought into the State of Georgia for delivery to any person other than the holder of a wholesaler's license.
(3) No wholesaler shall sell alcoholic beverages to any person for delivery within the State of Georgia except the holder of a wholesale or retail license.
(4) No retailer shall purchase alcoholic beverages from any person except the holder of a manufacturerrs,wholesaler's or retailer's license.
(5) No manufacturer of any alcoholic beverages shall sell or distribute the same within this State to any person, except a regularly licensed retail or wholesale dealer.

1266

JouRNAL oF THE HousE,

SECTION 4. Every person desiring to engage in the

manufacture of alcoholic beverages shall, before en-

gaging therein, obtain a license from the State Rev-

enue Commission and pay a license for each manufacturing plant, per

fee yea

r

of o

r$2an1

0 y

00.00 part

of a year. Said license shall be annually renewed

on or before the first day of January of each year

by the payment of an annual license fee of $2,000.-

00. Every manufacturer shall pay a manufacturer's

tax of five per cent. on the gross sales. Eac.h manu-

facturer shall give to the State Revenue Commission

a bond in such amount as may be determined by the

Commission, to pay all taxes levied and assessed un-

der this Act and shall in addition thereto deposit

with the State Revenue Commission the sum of $500.-

00 to be forfeited to the Commission for failure to

comply with any of the provisions of this Act, or

any rule or regulation of the State Revenue Commis-

sion and the State Revenue Commission may also re-

voke the license. The holder of a manufacturer's

license may sell at wholesale without any additional

license.

SECTION 5. Each person desiring to engage in the sale or distribution of any alcoholic beverages at wholesale, shall obtain a license from the State Revenue Commission and pay a fee of $1,000.00 therefor, for each year or part of year, and shall renew said license annually on or before the first day of January of each succeeding year and pay a license fee of $1,000.00. Each wholesaler distributor shall also give bond to the State Revenue Commission in an amount fixed by the Commission, to pay all taxes levied and assessed under this Act, and shall also deposit with the State Revenue Commission the sum of $500.00 to be in addition to the taxes due under this Act, to be forfeited to the Revenue Commission for failure to comply with any of the provisions of this Act, or any rule or regulation of the State Revenue Commission, and the State Revenue Commission may also revoke this license.

SECTION 6. Each person desiring to engage in the sale or distribution at retail of any alcoholic

WEDNESDAY, FEBRUARY 20, 1935.

1267

beverages shall obtain a license from the State Rev-

enue Commission, and shall pay a license fee of

$250.00 for a "Retail Liquor Store License", as here-

inafter defined and a license fee of $100.00 for a

"Retail Wine and Beer Store License," as hereinafter

defined, for such year or part of year for each

place of business. Said license shall be annually

renewed on or before the first day of January of

each year by the payment of an annual license fee

of $250.00 in the case of a "Retail Liquor Store"

and $100.00 in the case of a "Retail Wine and Beer

Store." Said retail distributor shall also give a

bond payable to the Revenue Commission in such a-

mount as may be determined by the Commission, to pay

to the said Revenue Commission all taxes levied un-

der this Act, liquor dealer

and in addition thereto shall deposit with the

~tathtee

retail Revenue

Commission $200.00 and the retail wine and beer

dealer shall likewise deposit $100.00 which shall

be forfeited to the State Revenue Commission should

said retailer refuse or f~il to comply with any of

the provisions of this Act, or rule or regulation

of the State Revenue Commission. The State Revenue

Commission may revoke the license of any retail dis-

tributor for violating any of the provisions of this

Act, or any rule or regulation of the Commission.

Such retail license shall be of two kinds, to wit:

(a) A license to be knmm as a "Retail Liquor Store License", which license shall entitle the holder thereof to sell at retail, in uncut original packages only, in the manner provided in this Act, any or all of the beverages named in this Act, Provided, however, no beer, wine, or ale shall be sold under a "Retail Liquor Store License" except in the uncut original package, and none of the liquors or beverages so sold shall be consumed on the premises. No original package shall be refilled, exceP.t by the holder of a manufacturer's license.

(b) A license to be known as a "Retail Wine and Beer Store License~ which license shall entitle the holder to sell wine and beer only, either in the original package or by the drir~. Provided, that no

1268

JouRNAL OF THE HousE,

wine or beer shall be sold or distributed from any except the original and uncut package, bearing original stamp as required by law, and no package shall be refilled until all stamps have been removed and then only by the holder of a manufacturer's license.
SECTION 7. It shall be unlawful for any person that shall become the lawful holder of any license provided for in this Act, to transfer or assign said license or licenses to any other person, or to permit any other person to use or enjoy the privileges of such license. No person may hold more than one license at the same time.
All licenses issued or removed under any of the provisions of this Act shall at all times be displayed in a public place in the factory,store,warehouse or other place of business for which the license is issued, and it shall be unlawful for the holder thereof to sell or dispose of or distribute any beverages unless the license is so displayed.
SECTION 8. No "Retail Liquor Dealer" shall sell any alcoholic beverages except in the original and uncut bottles in which same were bottled by the manufacturer, and to which are affixed revenue stamps as required, nor shall any such retail dealer knowingly sell more than one quart of distilled spirits to any one person during any one day, nor shall any such dealer knowingly sell more than twenty-four twelve-ounce bottles of any malt liquor nor more than two quarts of any vinous liquors to any one person on any one day. None of the liquors or beverages so sold or distributed shall be consumed on the premises.
SECTION 9. Every manufacturer and every wholesale dealer in spirituous, vinous and malt liquors or beverages,shall be deemed a distributor thereof and shall in addition to the license fee herein required pay a tax of fifteen per cent. on the wholesale price of such spirituous liquors distributed, and/or sold and ten per cent. of the wholesale price of an::, vinous and/or malt liquors sold or distributed

WEDNESDAY, FEBRUARY 20, 1935.

1269

which shall be evidenced by liquor revenue stamps purchased from the State Revenue Commission, cancell~d by the distributor and affixed to each bottle of such liquor or beverage distributed and/or sold.
The stamps shall be affixed by the wholesaler or manufacturer to the immediate container before removal from nis premises.
All manufacturers and wholesale dealers selling to retailers shall, without delay, furnish to the State Revenue Commission, a copy of each invoice or other paper showing each sale and shall file with the State Revenue Commission each month duplicate copies of all reports made to the Internal Revenue Bureau of the Federal Government, giving full information as to all purchases and sales.
SECTION 10. Every wholesale dealer shall retain every invoice or other paper evidencing the purchase or sale by him of alcoholic beverages for twelve months, such papers to be available for inspection by the State Revenue Commission or its authorized agents, and to be destroyed only upon authorization of the State Revenue Commission.
SECTION 11. Every retail dealer or distributor receiving any shipment of any alcoholic beverage not stamped in accordance with the provisions of this Act shall note the time of receipt on the package and shall make immediate report to the State Revenue Commission, with request to be furnished stamps in proper denominations for affixing to the package. The State Revenue Commission shall issue the appropriate stamps and charge same to the wholesale dealer from whom the goods were received, and take such further steps against the wholesale dealer as may be proper.
SECTION 12. The State Revenue Commission is authorized and directed to provide liquor revenue stamps in suitable denominations for the purposes provided by this Act.

1270

JouRNAL OF THE HousE,

SECTION 13. The State Revenue Commission, may, by rules and regulations, provide for the sale of such stamps by banks and such other agencies as the Commission may approve and shall in every instance require such agent to give bond, in amount to be fixed by this State, payable to the State Revenue Commission, conditioned to account for the face value of all such stamps delivered to such agency. The Commission may allow such agency a commission of not more than two per cent.of the face value of such stamps.
SECTION 14. The State Revenue Commission is authorized and empowered with the approval of the Governor to employ such assistants, agents and inspectors for the enforcement of this Act as may be necessary and the Commission or any agent,1nspector, or employee so appointed 1s hereby authorized and empowered to enter upon the premises of any manufacturer,wholesale or retail dealer at any time during business hours for the purpose of inspecting the same, and shall have access to all the books and records of every manufacturer, wholesale or retail dealer for the purpose of ascertaining whether or not such manufacturer,wholesale or retail dealer is complying. with the provisions of this act.
SECTION 15. All revenues arising under this Act from the sale of such liquor stamps or license fees shall be paid by the State Revenue Commission into the State Treasury to be appropriated by the legislature to the common and/or public schools as provided by the Constitution.
SECTION 16. No wholesale or retail dealer shall operate any place of business except within the 11mits of an incorporated city or town and no place of business of any retail dealer shall be opened before seven otclock,A.M., nor shall it remain open after five otclock.P.M.
SECTION 17. A special election shall be held on the 15th day of May,l935, under the same laws, rules and regulations as at regular elections for members of the General Assembly, at which election there

WEDNESDAY, FEBRUARY 20, 1935.

1271

shall be submitted to the voters of Georgia duly registered and qualified to vote at the last General Election the ratification or rejection of this Act. The ballots shall have written or printed on them the words,

"Vote for One"

followed by the words,

"For Liquor"

"Against Liquor"

Those desiring to vote in favor of the ratification

of this Act shall strike out the words, "Against

Liquor", and those desiring to vote against the rati-

fication of this Act shall strike out the words,

"For Liquor". The returns of said election shall be

made to the Secretary of State, who shall, by May

2c9e,r1t9if3y5i1n

c g

ertif the

y the number

result thereof of votes "For

to the Governor, Liquor", and

the number of votes "Against Liquor" in the State

as a whole, and the number of votes "Against Liquor"

in each and every County, and the Governor shall,on

or before June 5,1935, declare the result and make

a proclamation thereof and certify the number of

votes "For Liquor" and the number of votes, "Against

Liquor" as to the State as a whole, and as to each

and every County in the State. The expense of said

election, including the preparation and printing of

ballots, shall be borne by the respective Counties

as 1n other general elections.

SECTION 18. If. a majority of all those voting in the State as a whole as herein provided shall be 11For Liquor" as shown by the Governor's proclamation, this Act shall be deemed ratified and be effective within thirty days thereafter, and the manufacture and sale of alcoholic,spir1tuous, vinous, and malt liquors as herein provided shall be lawful as provided in this act in those Counties in which a majority of the votes cast was "For Liquor". The manufacture and sale of alcoholic,spirituous,v1nous,

1272

JouRNAL OF THE HousE,

malt liquors in those Counties in this State in which the majority of the qualified voters as herein provided voting in said elections was "Against Liquor11 shall be unlawful as provided in this Act. Should a majority of all those voting in the State as a whole, at the election called under this Act, be "Against Liquor", as shown by the Governor's proclamation,then this Act,shall be null and void and the present laws and parts of laws which are repealed shall be existing and valid. The Courts shall take judicial notice of the facts recited in the proclamation of the Governor.
SECTION 19. Any person,firm or corporation who shall, in any County 1n which the majority of the qualified voters as herein provided did not vote for ratification of this Act, as provided in the preceding section, manufacture, sell, possess for sale, barter or give away to induce trade, any alcoholic, spirituous, vinous or malt liquors or beverages, shall be guilty of a misdemeanor.
SECTION 20. Any person, firm or corporation except a manufacturer or wholesale dealer, as herein de-
fined, that shall have, possess or control any alcoholic, spirituous, vinous or malt liquors or beverages, the container of which does not bear the Georgia Revenue stamps as herein provided, shall be guilty of a misdemeanor.
SECTION 21. Nothing in this Act shall be construed to prevent registered, licensed pharmacists or manufacturers from receiving and possessing grain alcohol for medicinal, mechanical and industrial purposes in those counties in which the sale of alcoholic,spirituous,vinous and malt liquors or beverages are lawful under this Act, and in those counties in which the manufacture or sale of alcoholic, spirituous,vinous and malt liquors or beverages is not lawful under this Act, the pharmacists, manufacturers or others who under existing laws now of force may obtain alcohol for the purposes hereinafter stated, desiring to obtain grain alcohol for ~nufactur ing, medicinal, scientific or mechanical purposes

WEDNESDAY, FEBRUARY 20, 1935.

1273

shall apply to the Ordinary of the County and obtain from him upon the payment of a fee of $1.00, a permit to receive the same, a copy of this permit to be retained by the Ordinary, one by the purchaser and one sent to the distributor.
SECTION 22. At any time after twelve months from the date of the proclamation of the Governor putting this Act in effect, should the same be ratified as herein provided, the Ordinary of any County in this State shall, upon a petition signed by one-third of the registered voters qualified to vote at the last general election being filed with him, call a special election to be held within thirty days from the date of the filing of such petition, and advertise the order in two consecutive issues of the official gazette of the County, at Which election there shall be submitted to such qualified voters of the County,qualified to vote at the last general election, the question of whether or not the manufacture and sale of such liquors shall be permitted or discontinued, under this Act. The ballots shall have written or printed on them the words,
"Vote for One" followed by the words,
"For Liquor" "Against Liquor" Those voting at such election who desire to vote in favor of the manufacture and sale of alcoholic, spirituous,vinous and malt liquors and beverages, under this Act, shall strike out the words, "Against Liquor" and those desiring to vote against the manufacture and sale of alcoholic,spirituous,vinous and malt li~uors and beverages, shall strike out the words, 'For Liquor". The returns of said election shall be made to the Ordinary of the County who shall within five days ascertain and declare the result thereof by an order entered upon the minutes of the Court of Ordinary and by publications in

1274

JouRNAL or THE HousE,

the official gazette of the County. If a majority of the qualified voters of such County as above provided shall at said election vote "For Liquor", the manufacture and sale of alcoholic,spirituous,vinous, and malt liquors and beverages shall be lawful as provided in this Act, after thirty days from the date of the order of the Ordinary. If a majority of the qualified voters voting in said election as above provided vote 11Against Liquor", the manufacture and sale of alcoholic,spirituous,vinous, and malt liquors and beverages shall be unlawful from and after thirty days from the date of such order of the Ordinary. No other election shall be called or held under this Act in any County in this State within three years after the first special election and at all elections held under this Act, only the qualified registered voters,qualified to vote at the last preceding general election shall be qualified to vote in any such election. No election under this Act shall be held on the same day as any other general or primary election.
SECTION 23. Any persons who shall have, possess and control any alcoholic,spirituous,vinous and malt liquors or beverages at any church or other place where people are assembled for divine worship or at any place where people are assembled for Sunday School, Sunday School celebration or day s~hool celebration, or upon any common carrier, shall be guilty of a misdemeanor.
SECTION 24. Any person who shall be or appear at any church or place of divine worshipi either intoxicated or in any mannner under the inf uence of intoxicating liquors, where people are assembled for the purpose of engaging in religious service and until they have dispersed therefrom shall be guilty of a misdemeanor.
SECTION 25. Any person who shall be and appear in any intoxicated condition or under the influence of intoxicating liquors so as to be noticeable on any public or highway, or within the curtilage of any private residence not in the exclusive possession

WEDNESDAY, FEBRUARY 20, 1935.

1275

of the person or persons so intoxicated, or upon any boat, railway passenger train, bus or other common carrier, shali be guilty ot a misdemeanor.

SECTION 26. Any person who shall have, give or furnish alcoholic, spirituous, vinous or malt liquors or beverages within one mile ot any election precinct on any day of any primary or general election or have the same in or around the election precinct on the day of any state, county,municipal or primary election, shall be guilty ot a misdemeanor.

SECTION 27. Any person who by himself or another

shall furnish or cause to be furnished or permit any

person in his employ to furnish any alcoholic,spir1-

tuous,vinous,or malt liquors or beverages to any

minor, or to any habitual drunkard whose intemperate

habits are known to such person or about which he

has been notified in writing by the husband,wite,

dfaruthnekra,rmdo, thshear1b1 rboethgeur,i

or lty

sister ot such habitual of a misdemeanor.

SECTION 28. Any person who shall. be guilty of violating provisions ot this Act shall be guilty ot a misdemeanor.

SECTION 29. All laws and parts of laws in conflict with the provisions ot this Act are hereby repealed.

By Messrs.Groves of Lincoln and Grayson of Chatham. Substitute tor House Bill No.l44.

A BILL

To be entitled an Act to legalize the manufacture, possession, transportation and sale of vinous,spirituous and alcoholic liquors; to authorize the State Revenue Commission to issue permits to engage in the manufacture, and-or sale of such liquors in counties voting in favor thereof at special elections; to provide the manner and method or holding such elections; to provide tor licenses, permit tees and taxes upon such businesses; to provide for the

1276

JouRNAL OF THE HousE,

distribution of such license fees and taxes; to prohibit the sale of such liquors to minors; to authorize the revocation of such licenses; to authorize counties and municipalities to levy and collect license taxes on such businesses within certain limits; to authorize municipalities to prescribe police regulations for such businesses; to provide penalties for violations of this Act; to repeal laws in conflict with this Act; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That from and after the passage and approval of this Act it shall be lawful to manufacture, possess,transport,or sell any vinous,spirituous or alcoholic liquors, as hereinafter defined, subject to the provisions of this Act.
Section 2. That the term vinous,spirituous.or alcoholic liquors shall mean distilled liquors and wines but shall not include malted liquors,ales or beers.
Section 3. That the term "manufacturer" as used in this Act shall mean any person,firm or corporation engaged in manufacturing, distilling or rectitying or blending any vinous,spirituous or alcoholic liquors other than malt liquors.
The term "wholesale distributor" as used in this Act shall mean any person,firm or corporation selling or distributing vinous,spirituous or alcoholic liquors to retail distributors onlY, for resale.
The term "retail distributor" as used in this Act shall mean any person,firm or corporation selling vinous,spirituous, or alcoholic liquors at retail to the consumer.
Section 4. That every person desiring to engage in the business of manufacturing, or selling of any such vinous,spirituous or alcoholic liquors shall, before doing so,obtain a permit from the State Revenue Commission and pay the license fees hereinafter

WEDNESDAY, FEBRUARY 20, 1935.

1277

prescribed. The State Revenue Commission is authorized to issue permits to (1) manufacturers,(2)wholesale distributors,and (3) retail distributors,but shall issue no other form of permit. The application for such permit shall be in such form as may be prescribed by the State Revenue Commission and shall be accompanied by a certificate of the proper authority of the county or municipality in which such business is proposed to be carried on,showing payment of the license fees required by such county or municipality as hereinafter provided for.

Section 5. That if such business is proposed to be

carried on within the corporate limits of a munici-

pality, the applicant for a license shall pay to the

proper authority of the municipality the municipal

license fee fixed by the governing authority of the

municipality,which shall not exceed One Thousand Dol-

lars ($1000.00) for manufacturers,Five Hundred Dol-

lars ($500.00} for wholesale distributors,and Two

Hundred Fifty Dollars ($250.00) for retail distribu-

tors. If such business is proposed to be carried on

outside of the corporate limits of any municipality,

the applicant for such license shall pay to the or-

dinary,or board of county commissioners,as the case

may be,of the county,such license fee as may be

fixed by such county authorities,not exceeding One

Thousand Dollars ($1000.00) for manufacturers,Five

Hundred Dollars ($500.00) for wholesale distributors

and Two Hundred Fifty Dollars ($250.00) for retail

distributors; and said county authorities are hereby

authorized,in addition to any o~her license fees

or taxes authorized by law to be laid and collected,

to require the payment of such license fees by per-

sons engaging in such business in such counties.

without the limits of any municipality, and subject

to the limitation as to amount herein provided. No

county authority shall require the payment of any

county license fee of any person proposing to carry

on such business in such county but within the lim-

its of a municipality nor shall any such municipali-

ty require the payment of any such license fee by

any person proposing to carry on such business with-

out spe

the ctive

corporate limits of any extensio

of n of

such poli

mu ce

nJiucr1ipsadli1ctytl1o1nr

reby

1278

JouRNAL OF THE HousE,

the charter of such municipality beyond its corporate limits: Provided, that the license fee or tax required of persons engaged in such business by such municipalities shall not exceed the amount herein named, anything in the charter or ordinances of such municipality to the contrary notwithstanding; nor shall municipality withhold any such license because of any failure or refusal to pay a greater amount as a license fee than the amounts herein prescribed.

Section 6. That upon the filing of such application, accompanied by a certificate of the proper authority of the county or municipality in which the. business is proposed to be carried on,showing payment of the county or municipal license fee,and upon the payment of the further sum of $50.00 as a general State permit fee, the State Revenue Commission shall issue to the applicant a permit to carry on the business of manufacturing or selling, at wholesale or retail,such liquors: Provided, such business is proposed to be carried on in a county in which the same has been authorized by a majority of the qualified voters voting in said election at a special election held under the provisions of this Act.

Section 7. That each permit issued in accordance

with the provisions of the foregoing section shall

expire on December 31 of the year in which the same

is issued and the holder of such permit shall not

continue in such business beyond the expiration

date of the permit, without renewing the same and

paying a new fee of $50.00 for each year: Provided,

that where such permit is applied for after the be-

ginning of the year, the permit fee of $50.00 shall

be tio

pror n of

ate a

d on a monthly b month as a whole

amsoins~1hc.o

u

nti

ng

each

frac-

Section 8. That in addition to the permit and license fees herein provided for and in addition to all other taxes imposed by law,every retail distributor of such vinous, spirituous,or alcoholic liquors shall pay to the State for the privilege of carrying

WEDNESDAY, FEBRUARY 20, 1935.

1279

on or doing such business, a tax of ten (10%) per cent. of the gross receipts from such business as herein defined. Such tax shall be paid without assessment by any officer of the State and shall be calculated upon the entire amount of the gross receipts from all sales of such liquors including all cash, credits or property of any kind,received by any such detail distributor in exchange for any of the liquors described in this Act in the course of any business as herein defined,transacted within this State.
Section 9. That every such distributor shall make returns on oath to the State Revenue Commission, on forms prescribed by the Commission, showing the amount of his gross receipts for each calendar month. Such returns shall be filed with the Commission not later than the 15th day of the next succeeding month. The tax payer shall pay to the State Revenue Commission, without any reduction whatever, the full amount of the tax due under this Act upon the amount of the gross sales shown by such return, and the Commission shall reject any return not accompanied by the full amount of the tax shown to be due there~ under. If any tax payer shall, for any reason, be unable to make such return, the same shall be made by any duly authorized agent or attorney in fact of the tax payer,~pproved by the State Revenue Commission for that purpose. The State Revenue Commission, for good cause, may extend the time for making such return for not exceeding thirty (30) days and any such extension shall operate to extend the due date of the tax payable hereunder. Every such return shall show the total gross receipts of the tax payer from the sale of such liquors during the month for which it is made, or any part thereof, and the name and address of each person interested as an owner in the business for which the return is made. If any tax payer shall fail to make such return within fifteen (15) days after the expiration of any month, the State Revenue Commission shall enter the same from the best information available and shall add thereto, as a part of the tax, and in addition thereto, five (5%) per cent of the amount of the

1280

JouRNAL or THE HousE,

gross receipts as shown by the return. The tax payer shall be notified, within ten (10) days, of such return and the amount of the tax and the same shall be prima facie correct, unless changed or corrected in accordance herewith.

Section 10. That every such retail distributor

shall furnish to the State Revenue Commission a

bond with good and solvent security, to be approved

by the Commission, in such sum as the Commission

m($ay5,d00ir0e.0c0t~,

not to exceed Five Thousand Dollars conditioned for the compliance wit

h

all of the provisions of this Act and the filing of

true returns, and the payment of all taxes due here-

under. Upon any default in the payment of such tax-

es, or the filing of such returns, the State Revenue

Commission shall proceed against the principal and

surety on said bond as authorized by this Act and

shall have the same remedies against the surety

thereon as against the principal.

Section 11. That as soon as practicable after each return is filed the State Revenue Commission shall examine the same, or cause it to be examined, and compute and determine the amount of the tax payable thereon. If it should appear from the examination of the return, or from the examination of any record of the tax payer, or other inquiry or investigation, that the correct amount of the tax is greater or less than that shown on the return, the tax shall be recomputed and corrected accordingly and notice of such correction forwarded to the tax payer. If the amount already paid is less than the amount due, the difference shall be added to the total amount of tax as shown by the return,with the addition of ten (10%) per cent of the amount of such deficiency as a penalty for failure to make a correct return, which shall become a part of the tax and be collectible as herein provided. In case of the payment by any tax payer of an amount greater than that due, the excess may be credited on any tax due from the same tax payer for any other period, or retained for credit against any tax payable for any subsequent period, or the same may be

WEDNESDAY, FEBRUARY 20, 1935.

1281

refunded by the State Revenue Commission from other taxes collected hereunder; Provided, that every such refund shall be approved by the State Auditor.
Section 12. The tax herein required to be paid shall become due and payable on the 15th of each month succeeding that in which any such sales were made, and shall be paid with the return herein required to be filed. Upon the failure of any such tax payer to pay such tax with the return, an additional tax in the amount of ten (10%) per cent. of the tax shown to be due on the return, shall be added thereto in lieu of any other penalty provided by law.
Section 13. That every such retail distributor of liquor shall keep and preserve such records of gross receipts from sales and such other records as may be prescribed by the State Revenue Commission for determination of the amount of the tax accruing under this Act. Such records shall be retained for a period of three (3) years and at any time may be inspected by the State Revenue Commission, or any member thereof, or any person designated by the Commission during reasonable business hours, and upon demand therefor the tax payer or person having custody of such records shall produce them for examination. If any tax payer shall fail to keep such records the State Revenue Commission may assess the amount of the tax from the best information available and the amount so assessed shall be paid in the same manner as if computed from a return filed by the tax payer. For the purpose of making such assessment the State Revenue Commission shall have access to the books and records of any manufacturer or wholesale distributor as defined in this Act. Every manufacturer and every wholesale distributor shall preserve records of all sales made to retail distributors for a period of three years.
Section 14. That any tax payer who may be aggrieved by the action of the State Revenue Commission in fixing the amount of such taxes or in imposing any additional tax hereunder, may apply to

1282

JouRNAL OF THE HousE,

the Commission in writing within thirty (30) days

after notice of such action is delivered or mailed

to him, for a hearing and a correction of the amount

of the tax so fixed, setting forth the reasons why

such hearing should be granted and the amount the

tax should be reduced. The Co~ssion shall prompt-

ly consider such application and shall have such

hearing thereon as may be deemed necessary by the

Commission for a determination of the question in-

volved. The Commission may by notice in writing at

any time within three years after the date when any

return of any tax payer should have been made,order

a hearing thereon and require the tax payer or any

other person believed to be in possession of in-

formation concerning any taxable receipts to appear

before the Commission, or its duly authorized agent,

with such records, books and documents as may be

necessary for a determination of the liability of

any such tax payer. The Commission may, after such

hearing,as the amount

s

eosfs1liraeabsisleitsys,

determ of the

ine or redetermine tax payer and sha

ll

within ten (10) days after its order thereon,notity

the tax payer, by mail, thereof.

Section 15. That any tax payer who may feel aggrieved at any decision of the State Revenue Commission as authorized by this Act may,within thirty (30) days from the date thereof,appeal to the superior court of the county of the residence of such tax payer from the decision of the State Revenue Commission. Such appeal shall be in the form of a petition and shall set forth all of the relevant facts and a copy of which shall be served upon the State Revenue Commission as 1n Other cases at law. The court shall proceed in a summary manner to hear and determine such cause at the first term, and at such hearing the trial judge may pass upon and determine all questions of law and fact without the intervention of a jury: Provided, that the judge may, in his discretion, impanel a jury for the determination of any issue of fact. The decision of the court shall be subject to review as in other cases at law. On such appeal the court shall give judgment for the amount of any tax due by the tax

WEDNESDAY, FEBRUARY 20, 1935.

1283

payer, with any penalties accrued thereon. Section 16. That the State Revenue Commission may
issue execution against any tax payer for any tax due under this Act as provided in case of other taxes due the State, and the tax payer shall have the rights and remedies provided by Section 92-7301 of the Code of Georgia of 1933.
Section 17. The State Revenue Commission may employ such clerical help,agents and inspectors and other employees as may be necessary for the proper enforcement of this Act and fix their compensation.
Section 18. That ten (10%) per cent. of the entire amount of the State taxes collected hereunder,including permit fees. is hereby allocated to the State Revenue Commission and continuously appropriated for the purpose of defraying the expense of enforcing this Act.
Section 19. That any person who shall engage in manufacturing or selling at wholesale or retail any such vinous,spirituous or alcoholic liquors without first obtaining a permit from the State Revenue Commission as herein provided for, or without first paying any license tee or tax levied by any county or municipality as herein provided for shall be guilty of a misdemeanor. Any person,firm or corporation who shall continue any such business without making monthly returns of gross receipts to the State Revenue Commission as herein provided and paying the tax thereon shall be guilty of a misdemeanor. In either case the State Revenue Commission may revoke any permit or license issued to any such person,firm or corporation.
Section 20. Nothing in this Act shall be construed to prohibit municipalities from adopting such reasonable rules and regulations as may be deemed advisable~ and fall within the police powers of suchmunicipalities, provided that no such municipality shall require the payment of a greater license tee than that prescribed by this Act.

1284

JouRNAL or THE HousE,

Section 21. No permit shall be issued by the State Revenue Commission for the manufacture or distribution,at wholesale or retail,of any vtnous,spirituous or alcoholic liquors or beverages in any county in this State except upon and after an election held in such county in the manner hereinafter provided.
Section 22. Upon a written petition signed by onetenth of the voters of any county qualified to vote for members of the General Assembly,the ordinary shall order an election to be held within forty days from the date of the filing of such petition in his office,to determine whether or not permits may be issued by the State Revenue Commission for carrying on the business of manufacturing and/or selling such liquors in such counties. Such election shall be held under the rules governing elections for members of the General Assembly but no such election shall be held during any month in which a general election is held in such county or in which a primary for the nomination of State or county officers is held in such county, and every such election shall be held independently of any other election. In determining whether a sufficient number of voters have signed such petition~ the ordinary shall be governed by the list of registered voters made up by the county registrars and filed in the office of the clerk of the superior court for the last general election.
Section 23. The returns of every election held hereunder shall be made to the ordinary who shall ascertain and declare the result within three days after the receipt of the returns. Notice of the election shall be given by publication in the official gazette of the county once a week for four weeks preceding the date of the election. All persons voting at such election, who desire to vote in favor of the manufacture and sale of such liquors in such county, shall have written or printed upon their ballots the words "For the issuance of permits by the State Revenue Commission for control of alcoholic beverages." Those desiring to vote against the manufacture and sale of such liquors in

WEDNESDAY, FEBRUARY 20, 1935.

1285

such county, shall have written or printed on their ballots the words "Against the issuance of permits by the State Revenue Commission for control of alcoholic beverages."
Upon determining the result of such election the ordinary shall publish notice thereof in the official gazette of the county once a week for two weeks. If at said election a majority of the qualified voters voting shall vote in favor of the manufacture and sale of such liquors in such counties, as herein provided for,this Act shall become effective in such county and from and after the expiration of two weeks from the date of such notice by the ordinary,the manufacture and sale of vinous, spirituous and alcoholic liquors in such counties under the regulations herein provided for,shall be legal. If a majority of the qualified voters shall vote against the manufacture and sale of such liquors in such counties, the manufacture and sale thereof shall be illegal.
Section 24. No subsequent election shall be held in any county within four years after the date of the order of the ordinary declaring the result of the first election, nor shall any subsequent election be held except upon a petition of thirty-three and one-third (33 1/3%) per cent. of the qualified
voters of said county as herein provided for
Section 25. That there shall be no exemption from the permit fees,license fees or tax provided by this Act in favor of any person whatsoever.
Section 26. Nothing in this Act shall be construed to authorize the sale of any such liquor to persons under the age of twenty-one years but any person furnishing any such liquors to minors shall be guilty of a misdemeanor as now provided by law.
Section 27. Any person who shall manufacture or sell any such liquors in any county in this State in which no election, as provided by this Act, has been held, or in which the result of said election

1286

JouRNAL OF THE HousE,

has been against the manufacture and sale of liquor in such counties, or who shall sell any such liquors in violation of this Act, or who shall violate any other provision of this Act, shall be guilty of a misdemeanor.

Section 28. All laws and parts of laws in conflict with this Act,including any portion of Title 58 of the Code of Georgia of 1933 in conflict herewith, are hereby repealed.

Mr. Shirah of Colquitt moved the previous question.

Mr. Grayson of Chatham moved that the House do now adjourn, and the motion was lost.

On the motion for the previous question, the ayes were 92, nays 66.

The motion for the previous question prevailed.

Mr. Peebles of Bartow moved that the H~use do now adjourn.

On the motion to adjourn, Mr. Grayson of Chatham moved the ayes and nays, and the call was sustained.

The roll call was ordered and the v~te was as follows:

Those voting in the affirmative were Messrs.:

Allen Almand of Fulton Almand of Walton Anderson Ansley of DeKalb Bargeron Barrett Bowden Bloodworth Brown of Greene Camp

Campbell

Daughtry

Clements of Cal- Dean

houn

DeLoach

Clements of

Douglass

Wheeler

Durden

Cohen

Edwards of

Coxon

Lowndes

Culpepper of Ec- Ennis

hols

Flynt

Culpepper of Fayette

Freeman of Bibb Gardner

WEDNESDAY, FEBRUARY 20, 1935.

1287

Garrett

Leonard of .Musco- Reagan

Gnann

gee

Ross

Goolsby

Lewis

Sammon

Grayson

Lindsay

Saunders

Groves

McCracken

Shedd

Guess

McCranie

Smith of Madi-

Hand

McKelvey

son

Harris

McNall

Smith of Web-

Harrison

T'1allory

ster

Head

funn

Standard

Hefner

Marshall

Sutton

Hogan

Martin

Teasley

Hogg

Mitchell of Lamar Thompson

Hooks

Mitchell of Talia-Toms

Houston

ferro

Warnell

Jackson of Haber-Moye

Watkins

sham

Parks

Weathers

Joel

Parr

Whitmire

Johnson

Peebles

Williams of Cof-

Johnston

Perry

fee

Jones of Brant- Peters

Williams of

ley

Ramsey

Jones

Kelley

Ray

Willingham

Young

Those voting in the negative were Messrs.:

Adams Ansley of Lee Arnall Atwood Bannister Barnard Batchelor Benton Bond Booth Black Bland Blease Bradley Brinson Brisendine Brooks

Brown of Pike Bush Claxton of Carnden Claxton of John-
son Cobb Coleman Darnell Davis of Troup Deal Dobbins Dorris Edwards of Ste-
phens Etheridge Felton

Fowler Freeman of Early Garmnage Gavin Gilbert Green Griffin of De-
catur Griffin of Floyd Harmnock Hampton Hartsfield Herndon Henderson Holland Howard of Sereven

1288

JouRNAL or THE HousE,

Jackson of Bleck-Musgrove

Settle

ley

Newby

Shirah

Jones of Lumpkin Oden

Stephens

Lanier

Parham

Sw1ndle

Lee

Parker of Col- Terrell of Troup

Leonard of Wal- quitt

Terrell of Warren

ker

Parker of Union Thrasher

Lewallen

Patten of Cook Tipton

McBride

Patten of Tift Townsend

McCutchen

Peek

Weeks

McGraw

Pound

Welsch

Manning

Preston of Bul- West

Milam

loch

Whaley

Mills

Preston of Wal- Williams of Bacon

Minchew

ton

Williams of Jack-

Moore of Clayton Rawlins

son

Moore of Haral- Sabados

Wilson

son

Sartain

Wrench

Mundy

Scruggs

Zellner

(ffi) See Appendix,Volume I ,for those not voting.

By unanimous consent, the verification of the roll

call was dispensed with.

On the motion to adjourn, the ayes were 90, nays 96.

The motion to adjourn was lost.

Mr. Flynt of Spalding moved that House Bill No.

144, together with all substitutes and amendments,

be referred to a Special Committee to be appointed

by the Speaker, such Committee so appointed to in-

clude all authors of substitutes, with instructions

to report the same back to the House not later than

Wednesday of next week.



Mr. Allen of Baldwin moved that the Speaker appoint a Committee to investigate the activities of lobbyists in connection with House Bill No.l44, and the motion prevailed.

The Speaker appointed as a Committee to investigate the activities of lobbyists, the following mem-

.

.

WEDNESDAY, FEBRUARY 20, 1935.

1289

bers of the House: Messrs. Shirah of Colquitt, Allen of Baldwin, and Griffin of Decatur.
Mr. Culpepper of Fayette moved that the House reconsider its action in ordering the previous question on House Bill No.l44, and the motion prevailed.
Mr. Lewis of Burke moved that the House do now adjourn.
On the motion to adjourn, Mr. Pound of Hancock
moved the ayes and nays, and the call was not sustained.
On the motion to adjourn the ayes were 88, nays 70, the motion prevailed, and House Bill No.l44 went over until Monday, February 25th, as unfinished business.
The Speaker announced the House adjourned until next Monday morning, February 25th, at 10:00 o'clock.

1290

JouRNAL OF THE HousE,

Representative Hall, Atlanta,Ga.

Monday, February 25, 1935.

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

Camp

Edwards of Ste-

Allen

Campbell

phens

Almand of Fulton Caswell

Ennis

Almand of Walton Claxton of Cam- Etheridge

Anderson

den

Felton

Ansley of DeKalb Claxton of John- Flynt

Ansley of Lee son

Fowler

Arnall Atwood Bannister

Clements of Cal- Freeman of Bibb

houn

Freeman of Early

Clements of

Gammage

Bargeron Barnard

Wheeler Cobb

Gardner Garrett

Barrett

Cohen

Gavin

Batchelor Bennett Benton Bond Booth Bowden Black Bland Blease Bloodworth Bradley Brinson Brisendine Brooks Brown of Glynn Brown of Greene Brown of Pike Burgin Bush

Coleman

Gilbert

Coxon

Gnann

Culpepper of Ec- Goolsby

hols

Grayson

Culpepper of Green

Fayette

Griffin of Decatur

Darnell

Griffin of Floyd

Daughtry

Groover

Davis of Troup Groves

Deal

Guess

Dean

Hammock

DeLoach

Hampton

Dobbins

Hand

Dorris

Harris

Douglass

Harrison

Durden

Hartsfield

Dyer

Herndon

Edwards of

Head

Lowndes

Hefner

MoNDAY, FEBRUARY 25, 1935.

1291

Henderson

Mitchell of La- Shirah

Hogan

mar

Smith of Madison

Hogg

Mitchell of Tal- Smith of Webster

Holland

iaferro

Spivey

Hooks

Moore of Clayton Standard

Horton

Moore of Haral- Stephens

Houston

son

Sutton

Howard of Chat- Morris

Swindle

tahoochee

Moye

Teasley

Howard of Screven Mundy

Terrell of Hall

Jackson of Black- Musgrove

Terrell of Troup

ley

Neal

Terrell of Warren

Jackson of Haber- Newby

Thompson

sham

Oden

Thrasher

Joel

Parham

Tipton

Johnson

Parker of Col.... Toms

Johnston

quitt

Townsend

Jones ot Brantley Parker of Union Twitty

Jones of Lumpkin Parks

Warnell

Kelley

Parr

Watkins

Lanier

Patten of Cook watson

Lee

Patten of Tift weathers

Leonard of Mus- Peebles

weeks

cogee

Peek

Welsch

Leonard of Walk- Perry

west

er

Peters

Whaley

Lewallen

Pound

Whitmire

Lewis

Preston ot Bul- Williams of Bacon

Lindsay

loch

Williams of Cot-

McBride

Preston of Wal- fee

McCracken

ton

Williams of Jack-

McCranie

Ramsey

son

McCutchen

Rawlings

Williams of Jones

McGraw

Ray

Willingham

McKelvey

Reagan

Wilson

McNall

Ross

Woods

Mallory

Sabados

Hrench

Mann

Salter

Young

Manning

Sammon

Zellner

Marshall

Sartain

Mr. Speaker

Martin

Saunders

Milam

Scruggs

Mills

Settle

Minchew (f{l) See

Appendix,VShoeludmd e

I,for

absentees.

1292

JouRNAL oF THE HousE,

By unanimous consent,_ the action o:r the House in passing the following bill of the House was reconsidered: By Mr. Henderson of Irwin.
House Bill No.523. A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Irwin County; to create the office of County Tax Commissioner, and !or other purposes.
Mr. Bennett of Ware, Acting-Chairman of the Committee on Journals, reported that the Journal of last Wednesday's proceedings had been read and :round 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 bills and resolutions under the Rules of the House. 2. Reports of Standing Committees. 3. Second reading of bills and resolutions, favorably reported. 4. First reading and reference of Senate Bills and Resolutions. The following resolution of the House was read and referred to the Committee on Rules: By Mr. Ha~tsfield of Fulton. House Resolution No. 167. A Resolution-Be it resolved by the House that Senate Bill No. 14, being a Constitutional amendment creating a new senatorial district be made a special order, or first bill on general calendar for Tuesday, March 5th. The following message was received from the Senate through Mr. Hammond, the Secretary thereof:

l\loNDAY, FEBRUARY 25, 1935.

1293

Mr.Speaker:

The Senate has passed by the requisite-constitu-

tional majority the following bills of the House

to wit:

1

By Mr. Weathers of Jenkins. House Bill No. 17. A bill authorizing certain
counties to acquire land for the purpose of creating public parks, and for other purposes.

By Mr. Freeman of Early. House Bill No. 40. A bill to be entitled an Act
to amend an Act fixing the salary of the County Treasurer of Early County, and for other purposes.

By Mr. Freeman of Early. House Bill No. 41. A bill to be entitled an Act
to repeal an Act to abolish the office of County Treasurer of Early County, and for other purposes.

By Mr. Williams of Bacon. House Bill No. 64. A bill to be entitled an Act
authorizing Boards of County Commissioners in certain counties to prescribe the time the Chairman of such Boards shall devote the County business, and for other purposes.

By Mr. Williams of Bacon. House Bill No. 66. A bill to be entitled an Act
amending an Act abolishing the office of Treasurer of Bacon County, and for other purposes.

By Mr. Williams of Bacon. House Bill No. 67. A bill to be entitled an Act
reducing the official bond of the Sheriff of Bacon County, and for other purposes.

By Messrs.Woods and Spivey of Emanuel. House Bill No. 97. A bill to be entitled an Act
to amend an Act establishing the City Court of Swainsboro, and for other purposes.

By Mr. Warnell of Bryan. House Bill No. 114. A bill to be entitled an Act
to require certain officers of Bryan County to fur-

1294

JouRNAL OF THE HousE,

nish and give bond, and for other purposes. By Mr. Leonard of Walker.
House Bill No. 148. A bill to be entitled an Act to amend an Act abolishing the office of Roads and Revenues of Walker County and creating a Board of Commissioners, and for other purposes. By Messrs. Jackson of Blackley and Rivers of Lanier.
House Bill No. 163. A bill to be entitled an Act providing for State Farmers' Markets under direction of the Commissioner of Agriculture, and for other purposes. By Mr. Williams of Jones.
House Bill No. 169. A bill to be entitled an Act reducing the amount of Bond of the Sheri!! of Jones County, and !or other purposes. By Mr. Shedd of Wayne.
House Bill No. 172. A bill to be entitled an Act amending an Act establishing the City Court of Jesup, and !or other purposes. By Mr. Hammock of Randolph.
House Bill No. 269. A bill to repeal an Act creating a Board of Commissioners of.Roads and Revenues !or Randolph County, and !or other purposes. By Mr. Whitmire of Dawson.
House Bill No. 318. A bill to be entitled an Act to repeal an Act creating a Board of Roads and Revenues of Dawson County, and tor other purposes. By Mr. Swann of Grady.
House Bill No. 369. A bill to be entitled an Act amending the Act creating the City Court of Cairo and amendments thereto, and !or other purposes. By Mr. Swann of Grady.
House Bill No. 370. A bill to be entitled an Act to amend an Act creating the office of Grady County Tax Commissioner, and !or other purposes.

MoNDAY, FEBRUARY 25, 1935.

1295

By Mr. Salter of Baker. House Bill No. 375. A bill to be entitled an Act
providing for the payment of cost incurred in the Superior Court of Baker County for the trial and conviction of convicts, and for other purposes. By Messrs. Ramsey, Almand and Hartsfield of Fulton.
House Bill No. 393. A bill to be entitled an Act to amend an Act authorizing creation of retirement funds for county teachers in certain counties, and for other purposes. By Messrs. Lanier, Harris and Barrett of Richmond.
House Bill No. 408. A bill to be entitled an Act to fix the salaries of County Officers in certain counties, and for other purposes. By Messrs. Lanier, Harris and Barrett of Richmond.
House Bill No. 424. A bill to be entitled an Act abolishing the office of Chairman of Board of Commissioners of Roads and Revenues of Richmond County, and for other purposes. By Messrs. Camp and Garrett of Carroll.
House Bill No. 437. A bill to be entitled an Act to amend the Act consolidating the office of Tax Collector and Tax Receiver in Carroll County, and for other purposes. Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House, as amended 1 to wit: By Mr. Moore of Haralson.
House Bill No. 219. A bill to be entitled an Act amending an Act creating a Board of Commissioners for Haralson County, and for other purposes. By Messrs. Griffin and Mills of Decatur.
House Bill No. 367. A bill to be entitled an Act creating a Board of Commissioners of Roads and Revenues for the County of Pecatur, and for other purposes.

1296

JouRNAL oF THE HousE,

By Mr. Salter of Baker. House Bill No. 376. A bill to be entitled an Act
to amend an Act creating a Board of Commissioners of Roads and Revenues for Baker County, and for other purposes. Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills and resolutions of the Senate,to wit: By Senators Scott of the 7th District; vaughn of the 34th District1Rawlins of the 45th District; and Edenfield of the 4th District.
Senate Bill No. 57. A bill to amend section 1249 of the Code of Georgia of 1910 providing for the selection by the Governor of banks named as State Depositories, and for other purposes. By Senator Millican of the 35th District.
Senate Bill No. 105. A bill providing a penalty for the reporting of false fire alarms, and for other purposes. By Senator Skelton of the 30th District.
Senate Bill No. 107. A bill to amend the Code of Georgia of 1933 so as to provide the rank of claims for unpaid taxes due counties and municipalities of this state, and for other purposes. By Senator Vaughn of the 34th District.
Senate Bill No. 108. A bill to provide for a joint control between sureties fiduciary 1n f1duciarymatters, and for other purposes. By Senator Gaskins of the 6th District.
Senate Bill No. 110. A bill amending the TraylorNeil Bill so as to add to the Traylor-Neil Map a road beginning in Nashville,Berrien County,Georgia, and for other purposes. By Senator Millican of the 35th District.
Senate Bill No. 159. A bill to amend an Act establishing a new charter for the City of Atlanta, approved February 28th,l874, and for other purposes.

MoNDAY, FEBRUARY 25, 1935.

1297

By Senator Cooper of the 22nd District. Senate Bill No. 169. A bill to amend an Act to
establish the City Court of Macon in and for Bibb County; to define it's jurisdiction and powers; and for other purposes. By Senator Beasley of the 2nd District.
Senate Resolution No. 27. A resolution authorizing the State Highway Department to purchase and retire bonds of the Cedarhaw School District with un-
expended funds set apart for the purchase ot the
State Prison Farm, and for other purposes. By unanimous consent, the following bill of the
House was withdrawn from further consideration of the House: By Mr. Ross of Dodge.
House Bill No. 566. A bill to be entitled an Act to repeal an Act which provides for the consolidation of the offices and duties of the Tax Receiver and Tax Collector of Dodge County, and establishing the office of County Tax Commissioner, 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. Peters of Meriwether.
House Bill No. 727. A bill to be entitled an Act to provide for the lapsing of appropriations not withdrawn from the Treasury, and for other purposes.
Referred to Committee on Banks and Banking. By Messrs. Griffin and Mills of Decatur.
House Bill No. 728. A bill to be entitled an Act to amend an Act establishihs the City Court of Bainbridge; to enlarge the jurisdiction of said court, and for other purposes.
Referred to Committee on Special Judiciary.

1298

JouRNAL oF THE HousE,

By Mr. Ross of Dodge. House Bill No. 729. A bill to be entitled an Act
to reduce the bond of the Sheriff of Dodge County, and for other purposes.
Referred to Committee on Counties and County Matters. By Messrs. Musgrove of Clinch and Culpepper of Echols.
House Bill No. 730. A bill to be entitled an Act to make it unlawful for any person to shoot, kill, trap or otherwise destroy alligators, and for other purposes.
Referred to Committee on Game and Fish. By Mr. Musgrove of Clinch.
House Bill No. 731. A bill to be entitled an Act to amend the Neill-Traylor Act so as to include a road in Clinch and Echols Counties, and for other purposes.
Referred to Committee on Public Highways No. 2. By Mr. Hand of Mitchell.
House Bill No. 732. A bill proposing to the voters of Georgia an amendment to Constitution providing for the pro rata reduction of appropriations in the event of a deficit in the cash funds available to pay appropriations, and for other purposes.
Referred to Committee on Amendments to Constitution No.1. By Messrs. Bennett of Ware, Dorris of Crisp, Rawlins of Telfair, and Musgrove of Clinch.
House Bill No. 733. A bill to be entitled an Act to provide for and regulate the sale of furs and the licensing of fur dealers, and for other purposes.
Referred to Committee on Game and Fish.

l\IoNDAY, FEBRUARY 25, 1935.

1299

By Mr. Rawlins of Ben Hill. House Bill No. 734. A bill to be entitled an Act
to amend an Act incorporating the City of Fitzgerald; to increase the number of members of Board of Education,and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Herndon of Hart.
House Bill No. 735. A bill to be entitled an Act to prohibit the practice of fortune telling, astrology, phrenology and palmistry, and for other purposes.
Referred to Committee on Hygiene and Sanitation. By Messrs. Douglass of Talbot and Johnston of Upson.
House Bill No. 736. A bill to be entitled an Act to amend the Neill-Traylor Act so as to include a road in Talbot and Upson Counties, and for other purposes.
Referred to Committee on Public Highways No. 2.
By Mr. Townsend of Dade.
House Bill No. 737. A bill to be entitled an Act to amend and establish a new charter for the town of Trenton, and for other purposes.
Referred to Committee on Counties and County Matters. By Mr. Johnston of Upson.
House Bill No. 738. A bill to be entitled an Act to change the amount of the bond of Sheriff of Upson County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Gnann of Effingham. House Bill No. 739. A bill to be entitled an Act
to provide for the reforestation of timber lands, by

1300

JouRNAL or THE HousE,

requiring all persons when cutting long leaf pine timber to leave at least two seed bearing trees to each acre, and for other purposes.
Referred to Committee on General Agriculture No.1. By Mr. Johnston of Upson.
House Bill No. 740. A bill to be entitled an Act to amend the General Tax Act of 1927, so as to provide for a tax on laundries, dyeing establishments, and for other purposes.
Referred to Committee on Ways and Means. By Mr. Thompson of Muscogee.
House Bill No. 741. A bill to be entitled an Act to regulate boxing and wrestling,and for other purposes.
Referred to Committee on General Judiciary No. 2. By Mr. Almand of Fulton.
House Bill No. 742. A bill to be entitled an Act to amend the 1933 Code, so as to provide for three terms of Supreme Court and Court of Appeals, and for other purposes.
Referred to Committee on Special Judiciary. By Messrs. Tipton and Bannister of Thomas.
House Resolution No. l68-742a. A resolution to relieve J. N. Randall as surety on bond in City Court of Thomasville, and for other purposes.
Referred to Committee on Special Judiciary. By Mr. Williams of Bacon.
House Bill No. 743. A bill to be entitled an Act to amend Section 45-501 of 1933 Code, so as to give Commissioner of Game and Fish power to permit fishing in fresh water streams, likely to run dry, and for other purposes.
Referred to Committee on Game and Fish.

l\1oNDAY, FEBRUARY 25, 1935.

1301

By Messrs. Gilbert and Scruggs of Washington. House Bill No 744. A bill to be entitled an Act
to amend the Neill-Traylor Act so as to add a road in Washington County, and for other purposes.

Referred to Committee on Public Highways No.2.

Mr. Lanier of Richmond County,Chairman of the Committee on Amendments to Constitution No. l,submitted the following report:

Mr.Speaker: Your Committee on Amendments to Constitution No.
1 have had under consideration the following bill and/or resolution of the House and/or Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:

Senate Bill No. 401 dO pass. House Resolution No.ll6-588c,do pass.

Respectfully submitted, Lanier of Richmond, Chairman.

Mr. Barrett of Richmond County, Vice-Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr.Speak.er:

Your Committee on Counties and County Yatters have

had under consideration the following bills of the

House and have instructed me as Vice-Chairman, to

report the same back to the House with the follow-

ing recorr@endations:



House Bill No. 713,do pass. House Bill No. 714,do pass. House Bill No. 715,do pass. House Bill No. 653,do pass. House Bill No. 654,do pass. House Bill No. 655,do pass. House Bill No. 705,do pass.
Respectfully submitted, Barrett of Richmond, Vice-Chairman.

1302

JouRNAL OF THE HousE,

I'1r. Brown of Glynn County, Chairman of the Committee on Counties and County Matters,submitted the following report: Mr.Speaker:
Your committee on Counties and County Matters have had under consideration the following bill of the Senate and have instructed me as Chairman. to report the same back to the House with the following recommendation:
Senate Bill No. 116# do pass. Respectfully submitted, Brown of Glynn, Chairman.
Mr. Twitty of Ware County,Chairman of the Committee on Industrial Relations,submitted the following report: Mr.Speaker:
Your Committee on Industrial Relations have had under consideration the following resolution of the House and have instructed me as Chairman, to report the same back to the House with the following recommendation:
House Resolution No. lll-563a, do pass.
Respectfully submitted, Twitty of Ware, Chairman.
Mr. Almand of Walton County ,Chairman of the Committee on Motor Vehicles,submitted the following report: Mr.Speaker:
Your Committee on Motor Vehicles have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the House with the following recomm~ndations:

MoNDAY, FEBRUARY 25, 1935.

1303

House Bill No. 571 do not pass. House Bill No. 580 do not pass. House Bill No. 100 do pass by substitute.
Respectfully submitted, Almand of Walton, Chairman.
Mr. Clements of Wheeler County,Chairman of the Committee on Municipal Government, submitted the following report: Mr.Speaker:
Your Committee on Municipal Government have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 53l,do not pass. House Bill No. 645,do pass. House Bill No. 677, do pass.
Respectfully submitted, Clements of Wheeler, Chairman.
Mr. Manning of Cobb County,Chairman of the Committee on Public Highways No. l,submitted the following report: Mr.Speaker:
Your Committee on Public Highways No. 1 have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendation:
Senate Bill No. 6l,do pass, by substitute.
Respectfully submitted, Manning of Cobb, Chairman.

1304

JouRNAL OF THE HousE,

By unanimous consent, the following bills and resolutions of the House and Senate,favorably reported, werP- read the second tiffie: By Senators Atkinson of the 1st District,Carswell of the 21st District,Sirnmons of the 8th District and others.
Senate Bill No. 40. A bill to be entitled an Act to propose to the qualified voters of the State of Georgia, an amendment to Article ?,Section 2,Paragraph 2,of the Constitution of the State of Georgia, providing for the exemption fronl ad valorem taxatio~ for fifteen years, of the industries engaged in the manufacture of paper or wood pulp or the products thereof, and for other purposes. By Messrs. Arnall and Dyer of Coweta.
House Bill No. 100. A bill to be entitled an Act relating to the giving of proof of fincncial responsibility by owners and operators of Motor Vehicles, and for other purposes. By Senators Sirrmons of the 8th District and Gary of the 12th District.
Senate Bill No. 61. A bill to be entitled an Act to establish and define the Georgia-Florida Military Highway, and for other purposes. By Senator l'1ilhollin of the 46th District.
Sencte Bill No. 116. A bill to be entitled an Act to amend an Act providing for the appointment and election of a Board of Cor.1ffiissioners of Roads and Revenues for the County of Coffee,and for other purposes. By Messrs. Ramsey of ~llton,Durden of Dougherty,and Coleman of Lowndes, and others.
House Resolution No. lll-563a. A resolution for the ratification of the Child Labor Amendment. By l1essrs. Rivers of Lanier,Barrett and Lanier of Richmond, and others. House Resolution No. ll6-58Bc. A resolution proposing to the qualified voters of Georgia,and for other purposes.

1\loNDAY, FEBRUARY 25, 1935.

1305

By Mr. Jackson of Habersham. House Bill No. 645. A bill to be entitled an Act
to amend an Act approved Oct. 22, 1887 .and operate waterworks and/or sewerage systems within or without the incorporate limits of Cornelia, and for other purposes. By Mr. Bradley of Tattnall.
House Bill No. 653. A bill to be entitled an Act to fix the rights and powers of the sheriffs in said state, and for other purposes. By Mr. Bradley of Tattnall.
House Bill No. 654. A bill to be entitled an Act to amend an Act in counties of not less than 15,410 and not more than 15,415 according to the Census of 1930, and for other purposes. By Mr. Bradley of Tattnall.
House Bill No. 655. A bill to be entitled an Act to provide for the payment to the Clerks and Sheriffs of felony costs in cases where the defendant is convicted, and for other purposes. By Messrs. Almand and Hartsfield of Fulton.
House Bill No. 677. A bill to be entitled an Act to amend an Act approved March 23, 1933 regulating primary elections, and for other purposes. By Mr. Bradley of Tattnall.
House Bill No. 705. A bill to be entitled an Act to amend an Act approved August 18, 1927 which Act creates and defines the powers and duties of a Board of Commissioners of Roads and Revenues, and for other purposes. By Messrs. Perry and Houston of Worth.
House Bill No. 713. A bill to be entitled an Act to repeal the Act approved March 1st, 1933, to consolidate the offices, duties and powers of the taxreceiver of the county of Worth, and for other purposes.

1306

JouRNAL oF THE HousE,

By Messrs. Perry and Houston of Worth. House Bill No. 714. A bill to be entitled an Act
to amend the Act entitled an Act to create and establish a Board of Commissioners of Roads and Revenues of Worth County, and for other purposes. By l"Iessrs. Perry and Houston of Worth.
House Bill No. 715. A bill to be entitled an Act to amend the Act entitled an Act to establish a City Court in the City of Sylvester, to define its. jurisdiction and powers,to provide for a Judge and Solicitor and other officers,and for other purposes.
By unanimous consent,the following bills and resolutions of the Senate were read the first time,and referred to the Conmittees: By Senators Scott of the 7th District,Vaughn of the 34th District,Rawlins of the 45th District and Edenfield of the 4th District.
Senate Bill No. 57. A bill to be entitled an Act to amend section 1249 of the Code of Georgia of 1910, providing for the selection by the Governor o! banks in certain cities and towns therein named as State Depositories,and the several Acts amendatory thereof,as to add certain cities and towns to the lists of such towns and cities.
Referred to Committee on Banks and Banking. By Senator Millican of the 35th District.
Senate Bill No. 79. To be entitled an Act to provide for confirmation of sales under foreclosure proceedings on real estate,to limit and abate deficiency judgments in suits and foreclosure proceedings on debts secured bymortgages,security deeds,and for other purposes.
Referred to Committee on Special Juciciary. By Senator Millican of the 35th District.
Senate Bill No.l05. An Act to make penal the reporting, or sending in, or communicating, to any

MoNDAY, FEBRUARY 25, 1935.

1307

Fire Department, Fire Marshal, or others in charge of fires or departments of fires of any municipality or other governmental sub-division false alarms, false reports and false information, pertaining to fires, declaring same to be a misdemeanor, and for other purposes.
Referred to Committee on Municipal Government. By Senator Skelton of the 30th District.
Senate Bill No. 107. To be entitled an Act to amend Section 113-1508 of the Code of Georgia of 1933, which establishes the priority of claims against the estate of a descendant by amending SubParagraph of said Section so as to provide the rank of. claims for unpaid taxes due counties and municipalities of this State, and for other purposes.
Referred to Committee on Municipal Government. By Senator Vaughn of the 34th District.
Senate Bill No. 108. To be entitled an Act to provide for joint control between sureties or surety and fiduciary in fiduciary matters, and for other purposes.
Referred to Conmti ttee on General Judiciary No.1. By Senator Gaskins of the 6th District.
Senate Bill No. 110. To be entitled an Act to amend the Traylor-Neill Bill so as to include in the Traylor~eill Map a road beginning in Nashville, Berrien County, Georgia and extending to Pearson, Atkinson County, Georgia, and for other purposes.
Referred to Committee on Public Highways No.2. By Senator Millican of the 35th District.
Senate Bill No. 159. Amend Sections 427 and 429 of City of Atlanta Code.
Referred to Committee on Special Judiciary.

1308

JouRNAL oF THE HousE,

By Senator Cooper of the 22nd District. Senate Bill No. 169. To be entitled an Act to
amend"An Act to establish the City Court of Macon in and for Bibb County; to define its jurisdiction and powers; and provide for the appointment of a judge, and for other purposes."
Referred to Committee on Special Judiciary. By Senator Beasley of the 2nd District.
Senate Resolution No. 27. Authorizing the State Highway Department to purchase and retire bonds or the Cedarhaw School District of the par value or $3,000.00 with unexpended funds set apart for the purchase of the State Prison Farm; and for other purposes.
Referred to Committee on State Prison Farm. The following messages were received from His Excellency, Governor Eugene -Talmadge:
February 23, 1935 TO THE GENERAL ASSEMBLY OF GEORGIA:
I have submitted to the Department or Law the various Bills which have been passed by both Houses and sent to the Executive Department. or the Bills submitted the Department of Law has held those hereinafter referred to unconstitutional. I have vetoed the acts for the reasons hereinafter stated and am returning them to your body.
House Bill No. 247 An Act to provide that no person shall establish or maintain public dance halls, etc. outside the limits of incorporated towns in counties having the whole or a part of a city of 200,000 or more without a permit from the county commissioners.

MoNDAY, FEBRUARY 25, 1935.

1309

The Department of Law has ruled that this Act is unconstitutional for the reason assigned in theopinion of the Attorney General, copy of which is hereto attached and made a part of this message.
House Bill No. 354 An Act to vest in the tax collectors of.certain counties the powers of sheriff. The Department of Law has ruled that this Act is unconstitutional for the reason assigned in the opinion of the Attorney General, a copy of which is hereto attached and made a part of this message. Under the opinion of the Attorney General any sale of land made by the tax collector under this Act would be illegal and the result would be to complicate the land titles in the county. The danger in a Bill of this sort is apparent.
House Bill No. 343 An Act to amend the charter of Atlanta by authorizing the Mayor and Council to retire a current deficit of $1,500,000 from year to year. I submitted this Act to the Department of Law and have the opinion of the Attorney General, a copy of which is hereto attached, that it is unconstitutional, for the reason that it increases the indebtedness of the City of Atlanta $1,500,000 without a vote of the people.
House Bill No. 225 An Act to authorize the board of education of. counties with 200,000 population or more to create a retirement fund for teachers. The Department of Law has ruled that this Act is unconstitutional for the various reasons assigned in the opinion of the Attorney General which is hereto attached. This Act applies only to Fulton County

1310

JouRNAL oF THE HousE,

and permits the county board of education of that county to use the public school fund received from the State to create a retirement fund for teachers. The State can not constitutionally levy a tax for such a purpose and an Act which permits the use or public sch0ol funds for such a purpose is unconstitutional.
House Bill No. 62 An Act to amend An Act establishing a system of public schools for the Lula School District. The Department of Law has ruled that this Act is unconstitutional for the reasons assigned in the opinion of the Attorney General, a copy of which is hereto attached and made a part of this message. This Act provides that all of the county-wide school tax collected on property in the Lula District shall go to the Lula school. The Constitution provides that the county-wide school tax shall be distributed equitably according to the school population, tax values, the number or teachers, and their grade or license. This Act gives the Lula District all or its county-wide tax instead of its proportionate part as provided by the Constitution. This bill is vetoed at the request or Mr.Terrell, its author. I am attaching hereto copies of the rulings by the Department of Law on each of the bills which I have vetoed and make each ruling a part of this message.
Respectfully, Eugene Talmadge, Governor February 25, 1935
TO THE GENERAL ASSEMBLY:
I have submitted to the Department of Law House Bill No. 481, amending the Act incorporating the

l\1oNDAY, FEBRUARY 25, 1935.

1311

town of Forest Park. The Department of Law has ruled, as appears from the opinion of the Attorney General, that Section 12 or this Act is unconstitutional because it confers upon the city authorities the power to levy taxes in excess or the limitation fixed by the general law.

For this reason I have vetoed this Act and return the same to the House of Representatives in which it originated and Mr. Moore, the author or the bill consents thereto.

I attach hereto as a part or this message a copy of the opinion of the Attorney General.

Respectfully submitted, Eugene Talmadge, Governor.

The following communication was received from Honorable William B. Harrison, Comptroller-General:

February 191 1935. TO THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA:

I hand you herewith tabulation or all fee reports filed in the office or the Comptroller-General since my last report to the 1933 Session or the legislature.

Rews.peBc.tfHulalryrissounb,mitted,
Comptroller-General

EXHIBIT "A"

FEE REPORTS, STATE HOUSE OFFICIALS AND EMPLOYEES.

CLERK COURT OF APPEALS.

lst Quarter, 1933 2nd Quarter1 1933

Total Fees. $ 1,554.10
1,053.15

1312

JouRNAL OF THE HousE,

EXHIBIT "A"-Cont t d. 3rd Quarter, 1933 4th Quarter, 1933 1st Quarter, 1934 2nd QUarter, 1934 3rd Quarter, 1934 4th Quarter, 1934

Total Fees. $ 860.00 1,694.00 1,178.70 799.70 429.35 1,879.75

EXHIBIT "B"

FEE REPORTS, SHERIFFS OF CITY COURTS.

No Reports Filed.

EXHIBIT "C"

FEE REPORTS, COURT REPORTERS AND STENOGRAPHERS.

No Reports Filed.

EXHIBIT "D"

FEE REPORTS, JUDGES CITY AND COUNTY COURTS.

First Quarter, 1934

County Judge, Quitman County, Total Fees $20.00; Insolvent cost $15.00.

Second Quarter, 1934.

CoIunnstyolvJuedngt ec, oQstuitom. an County, Total Fees, $17.50;

Third Quarter, 1934.

County Judg~, Quitman County, Total Fees, $17.50; Insolvent cost $10.00

Fourth Quarter, 1934. No Reports Filed.

l\loNDAY, FEBRUARY 25, 1935.

1313

EXHIBIT "E"

COUNTY TREASURERS, COMMISSIONS.

First Quarter, 1934.

Clarke County

~
Total Fees

$675.00

Second Quarter,l934.

No Reports Filed.

.Third Quarter, 1934

No Reports Filed.

Fourth Quarter, 1934.

No Reports Filed.

EXHIBIT "F"

FEE REPORTS, SOLICITORS-GENERAL.

First Quarter, 1933.

Northeastern Circuit - Income $1,074.32; expenses $92.17

Second Quarter,l933.

Northeastern Circuit - Income $1,047.69; expenses $91.07

Third Quarter, 1933. Cordele Judicial Circuit - Income $863.65
Northeastern Circuit - Income $1,033.22; expenses $909.72 Fourth Quarter, 1933.

Cordele Judicial Circuit - Income $1,005.97 Northeastern Circuit - Income $4,545.65; expenses
$122.45

1314

JouRNAL or THE HousE,

EXHIBIT "F" - Cont'd. First Quarter, 1934.

Cordele Judicial Circuit - Income $1,192.78 Northeastern Circuit - Income $1,313.85; expenses
$117.65

Second Quarter, 1934.

Cordele Judicial Circuit - Income $1,110.29

Northeastern Circuit - Income $2,156.86; expenses $118.10

Third Quarter,l934. Cordele Judicial Circuit - Income $553.95 Northeastern Circuit - Income $869.47; expenses
$111.01 Fourth Quarter, 1934.
Cordele Judicial Circuit - Income $1,844.22 Northeastern Circuit - Income $4,493.20; expenses
$284.73 EXHIBIT "G"

FEE REPORTS ,CLERKS CITY AND COUNTY COURTS.

First Quarter, 1934.

Fees Received

Total Fees

Civil Cases Criminal Cases

Clerk County Court,

Henry County $18.00 $22.80

$40.80

Second Quarter, 1934.

Clerk County Court, Henry County $15.00

$39.65

$54.65

MoNDAY, FEBRUARY 25, 1935.

1315

EXHIBIT "G" - Cont'd.

Third Quarter,l934.

Fees Received

Total Fees

C1v11 Cases Criminal Cases

Clerk County Court, .

Henry County $13.50 $53.65

$67.15

Fourth Quarter,l934.

Clerk County Court. Henry County $ 6.00

$29.70

$71.70

EXHIBIT "H"

FEE REPORTS, SOLICITORS CITY AND COUNTY COURTS.

First-Second-Third-Fourth Quarters, of 1933 - No Rep9rts.

First Quarter, 1934.

Solie!tor C1ty Court- Lexington Solie! tor C1ty Court- Newnan Solie! tor C1ty Court- Springfield

Total Income $ 44.40 573.74 180.00

Solicitor County Court-Henry.Total Income 118.65

Second Quarter,l934.

Solicitor City Court-Lexington Solicitor City Court-Newnan Solicitor City Court-Springfield

Total Income $ 60.00 524.55 200.25

Solicitor County Court-Henry.Total Income$218.00

Third Quarter~ 1934.

Solicitor City Court-Newnan.Total Income-$858.65 Solicitor County Court-Henry.Total Income$198.67

1316

JouRNAL OF THE HousE,

EXHIBIT "H" - Cont'd.

Fourth Quarter,l934.

Solicitor County Court-Henry. Total Income $234.80

Solicitor City Court-Newnan. Total Income $606.44

EXHIBIT "I"

FEE REPORTS

ORDINARIES

Counties

Total Comm1s-
s1ons

Insolvent or Uncol- Number lected ClerkS Costs Employed

Expense

First Quarter,l933.

MARION

$164.35

0

None

Second Quarter,l933.

MARION

$110.15

0

None

Third Quarter, 1933.

MARION

$ 76.35

0

None

MARION
BANKS
BARROW BARTOW BEN HILL BLECKLEY BRANTLEY BROOKS

Fourth Quarter, 1933.

$175.05

0

First Quarter, 1934.

$170.71

0

485.40

1

680.30

0

143.75 $2.00

1

347.03 23.00

0

200.80

0

951.55

1

None
None $195.00
None $ 2.00
None None $105.00

MoNDAY, FEBRUARY 25, 1935.

1317

EXHIBIT 11 I" - Cont'd.

First Quarter, 1934 - Cont'd.

Counties

Total Insolvent Number Commis- or Uncol- Clerks
sions leeted Employed Costs

Expense

BULLOCH

$926.90

0

None

CALHOUN

325.79

0

None

CARROLL

965.15 $175.00

1

$105.00

CHARLTON

239.45

0

None

COFFEE

390.90

1

$150.00

C0LQUITT

719.75

1

$43.30

COWETA

505.90

4

$26.75

CRAWFORD

166.90

0

None

DAWSON

66.20 44.65

0

None

DECATUR

505.66

1

$2.00

DODGE DOOLY DOUGLAS

458.00 252.80 105.50

1

$150.00

0

None

0

None

EFFINGHAM 235.00 60.95

1

$3.00

ELBERT

389.55

1

$200.00

EMANUEL

764.75

0

None

FAYETTE

152.25 45.65

0

None

FORSYTH

274.00

0

None

GLYNN

988.70

1

$180.00

1318

JouRNAL OF THE HousE,

EXHIBIT "I" - Conttd.

First Quarter, 1934 - Cont'd.

Counties

Total Connnis-
sions

Insolvent Number Expense or Uncol- Clerks
leeted Employed Costs

GREENE

$183.35 $6.00

1 $ 14.00

HABERSHAI"l

289.20

1 $100.00

HALL

855.68

1

$7.75

HANCOCK

284.25

0

None

HEARD

197.80

1

$90.00

HENRY

327.40

0

None

HOUSTON

284.25

1

$2.25

IRWIN

504.20 26.25

0

None

JACKSON

239.70

0

None

JASPER

439.05

0

None

JEFFERSON

343.58

10

$65.00

JOHNSON

277.90

2

$20.00

JONES

300.40

1

$3.00

LA11AR

372.82

1

$40.00

LAURENS

742.43

1

$30.00

LIBERTY

77.63

0

None

LONG

113.25

0

None

LOWNDES

1365.09

0

None

MoNDAY, FEBRUARY 25, 1935.

1319

EXHIBIT "I" - Cont'd.

First Quarter, 1934 - Cont'd.

Counties

Total Insolvent Numoer Expense Connnis- or Uncol- Clerks
slons leeted Employed Costs

MADISON

$194.48

0

None

MARION

118.00 $28.00

0

None

MCINTOSH

118.15 37.40

0

None

MILLER

339.65

0

None

MONROE

241.05

0

None

MONTGOMERY 217.00

1

$75.00

MURRAY

508.29

0

None

OCONEE

128.85

0

None

PEACH

228.95

1

$162.00

PICKENS

260.05

2.00

0

None

POLK

406.55

0

None

QUITMAN

95.10

0

None

RABUN

191.50

1

$72.00

ROCKDALE

272.60 57.00

0

None

SCHLEY

152.35

0

None

SCREVEN

412.15

0

None

STEPHENS

242.90 36.00

0

None

STEWART

481.85

0

None

1320

JouRNAL oF THE HousE,

EXHIBIT "I" - Cont'd.

First Quarter, 1934 - Cont'd.

Counties

Total Insolvent Number Expense Connnis- or Uncol- Clerks
sions leeted Employed Costs

TAYLOR

$404.65 $26.15

0

None

TIFT

784.20

1 $195.00

TROUP

1102.10

1

$75.00

WALTON

276.70

0 $141.50

WARE

520.36

1

$45.00

WARREN

261.65

1

$1.75

WASHINGTON

477.06

1

$12.00

WAYNE

353.85

0

None

WEBSTER

114.70

0

None

WHITE

112.10

0

None

WILKES

590.40

0

None

WORTH

375.80

1

$42.00

Second Quarter, 1934.

BARROW

$436.07

1 $195.00

BARTOW

543.80

1

$173.95

BEN HILL

300.65 $69.85

0

$12.00

BLECKLEY

71.30 15.00

0

None

BRANTLEY

168.05

0

NO~le

l\loNDAY, FEBRUARY 2:i, 1933.

1321

EXHIBIT "I" - Cont'd.

Second Quarter, 1934 - Cont'd.

Counties

Total Insolvent Number Expense Comm1s- or Uncol- Clerks
s1onf;l leeted Employed Costs

BULLOCH

$900.50 $443.75

0

None

CALHOUN

338.78

0

None

CANDLER

172.70

12.75

1

$10.00

CARROLL

1091.50 130.00

1

$105.00

CHARLTON

287.70

0

None

CLAY

154.30

6.00

0

None

COFFEE

388.70

1

$150.00

COLQUITT

618.60

1

$102.40

CRAWFORD

158.85

0

None

DAWSON

118.75

52.65

0

None

DECATUR

464.16

1

$23.25

DODGE

305.50

1

$150.00

DOOLY

239.50

50.00

0

None

ECHOLS

54.56

0

None

EFFINGH.AM

281.60 118.95

1

$2.25

ELBERT

1067.20

1

$225.00

EMANUEL

603.18

0

None

FORSYTH

361.50 200.00

0

$120.00

1322

JouRNAL oF THE HousE,

EXHIBIT "I" - Conttd.

Second Quarter, 1934 - Cont'd.

Counties

Total Insolvent Number Expense Comm1s- or Uncol- Clerks
s1ons lee ted Employed Costs

GILMER

$210.00 $24.00

0

None

GLYNN

661.80

1 $180.00

GRADY

348.70

0 $45.00

GREENE

92.90

1 $17.00

HALL

997.75 367.29

0 $10.00

HANCOCK

333.05 33.00

0

None

HART

439.62

0

None

HEARD

181.52

1 $60.00

HENRY

317.80 19.00

1 $10.00

IRWIN

228.50

11.85

0

None

JACKSON

388.67

0

None

JASPER

218.14 110.60

0

None

JEFFERSON

248.55

3-pt.time $60.00

JOHNSON

200.76

1 $30.00

JONES

142.94 12.60

0

None

LAMAR

307.35 121.45

1 $36.00

LAURENS

699.50

1 $45.00

LONG

84.30

0

None

MoNDAY, FEBRUARY 25, 1935.

1323 ~

EXHIBIT "I" - Cont'd.

Second Quarter, 1934 - Conttd.

Counties

Total Insolvent Number Expense Comrnls- or Uncol- Clerks
slons leeted Employed Costs

LOWNDES

$972.19

1 $300.00

MADISON

231.90

0

None

l1ARION

163.08

0

None

MCDUFFIE

307.53 $14.90

0

None

MILLER

164.80

0

None

MONROE

148.50 11.85

0

None

MONTGOMERY

327.95 82.05

1 $75.00

MURRAY

268.24

None

PEACH

246.00

1 $196.00

PICKENS

215.40

3.00

0

None

POLK

396.95

0

None

RABUN

149.25

0

None

SCHLEY

128.50

0

None

SCREVEN

325.44

0

None

STEPHENS

193.75

0

None

STEWART

374.80

0

None

TAYLOR

254.80

0

None

TIFT

502.21

1 $65.00

1324

JouRNAL oF THE HousE,

EXHIBIT "I" - Cant 'd.

Second Quarter, 1934 - Cant' d.

Counties

Total Insolvent Number Commis- or Uncal- Clerks
s1ons lected Employed Costs

Expense

TROUP

$1009.28

1

$75.00

WALKER

1336.52 $126.10 1

$195.00

WALTON

321.00

1

$143.55

WARREN

279.75

1

$3.00

WASHINGTON 265.00

0

None

WAYNE

269.40

0

None

WEBSTER

81.45

0

None

WHITE

56.28

0

None

WILKES

318.63

0

None

WORTH

232.20

85.55 0

$15.20

Third Quarter, 1934.

BARTOW

602.50

1

$162.50

BEN HILL

399.83

71.42 1

$24.00

BLECKlEY

311.35

40.00 0

None

BULLOCH

819.18

472.86 0

None

CAYillEN

127.30

0

None

CANDLER

203.15

10.00 1

$25.00

CARROLL

992.30

350.00 1

$105.00

MoNDAY, FEBRUARY 23, 1935.

1325

EXHIBIT "I" - Conttd.

Third Quarter, 1934 - Conttd.

Counties

Total Insolvent Number Expense Commis- or Uncol- Clerks
sions 1ected Employed Costs

CHAPJ,TON

$162.55

0

None

CLAY

180.90 $13.00

0

None

COFFEE

446.40

1

$150.00

COLQUITT

647.20

Recording $51.90

CRAWFORD

227.32

0

None

DAWSON

20.65

65.75

0

None

DECATUR

326.43

1

$17.85

DODGE

439.15 142.35

0

$150.00

DOOLY

249.00

60.00

0

None

ECHOLS

75.95

0

None

ELBERT

274.05

1

$200.00

EMANUEL

400.75

1

$2.00

FORSYTH

240.05

50.00

1

$1.20

GIU1ER

157.00

19.00

0

None

GLYNN

596.90

1

$180.00

GRADY

501.15

0

$50.00

HANCOCK

275.90

1

$2.50

HART

476.00

67.45

1

$15.00

1326

JouRNAL OF THE HousE,

EXHIBIT "I" - Cont'd.

Third Quarter, 1934 - Contrct.

Counties

Total Insolvent Number Expense Conm1s- or Uncol- Clerks
sions leeted Employed Costs

HEARD

$130.40

0

None

HENRY

392.90 $7.00

1

$10.00

IRWIN

305.45

12.00

0

None

JACKSON

434.13

0

None

JASPER

260.30 66.42

0

None

JEFFERSON

460.85

3

$70.00

JOHNSON

263.00

1

$20.00

JONES

139.15

.50

0

None

LAMAR

279.63 52.00

1

$36.00

LAURENS

591.55

1

$45.00

LONG

142.80

0

None

LOWNDES

830.50

1

$225.00

MADISON

229.85

0

None

MURRAY

170.20

1

None

MILLER

227.35

0

None

MONROE

225.44 44.16

0

None

PEACH

256.80

1 $205.00

MONTGOMERY

55.18 40.00

1

$25.00

:\1oNDAY, FEBRCARY 2:i, 1935.

1327

EXHIBIT "I" - Cont'd. Third Quarter, 1934 - Cont'd.

Counties

Total Commls-
slons

Insolvent Number Expense or Uncol- Clerks leeted Employed Costs

PICKENS

$245.03 $28.00

0 None

POLK

440.15

0 None

RABUN

247.25

0 None

SCHLEY

109.00

0 None

STEPHENS STEWART TAYLOR TIFT

128.80 208.38 138.90 526.78

0 None 0 None 0 None 1 $65.00

TROUP

1094.88

1 $75.00

UPSON WALKER WALTON
WARREN

481.90 1151.04 344.50
186.90

41.45 119.90

1 $66.00 1 $195.00 1 $153.80 0 None

WASHINGTON WAYNE WEBSTER

258.05 286.60 101.75

0 None 0 None 0 None

WORTH

252.00

0 None

1328

JouRNAL oF THE HousE,

Counties
BARTOW
.BEN HILL
BULLOCH CAMDEN CANDLER CHARLTON COFFEE CLAY COLQUITT CRAWFORD DAWSON DODGE DOOLY EFFINGHAM
El'1ANUEL
FORSYTH GILMER GRADY HANCOCK HEARD HENRY

EXHIBIT "I" - Cont'd.

Fourth Quarter, 1934.

Total Connn1s-
s1ons
$701.72

Insolvent Number Expense or Uncol- Clerks
leeted Employed Costs
1 $162.50

457.80 $75.80

1

$21.00

1267.01 304.02

0

None

195.30

0

None

194.60 189.90 540.35 248.10 988.95 320.02 107.27 605.86 587.40 350.40 917.72 353.10 288.50 412.70 394.30 369.57 409.90

60.60
301.95 102.00 156.30
100 .oo
5.00
76.00

1

$12.00

0

None

1 $150.00

0

None

0

$23.35

0

None

0

None

1 $200.00

0

None

0

None

1

$15.00

1

$40.00

0

None

1

$50.00

0

None

0

None

0

None

MoNDAY, FEBRUARY 25, 1935.

1329

EXHIBIT "I" - Cont'd.

Fourth Quarter,l934 - Cont'd.

Counties
IRWIN JASPER JOHNSON
LAMAR
LAURENS LONG MADISON MARION MILLER MONROE MONTGOMERY MURRAY PEACH PICKENS
RABUN
SCHLEY STEPHENS STEWART TAYLOR TIIT TROUP UPSON

Total Connn1s-
s1ons
$500.15 264.30

Insolvent Number Expense

or Uncal- Clerks leeted Employed

Costs

$25.70

0

None

139.40

0

None

488.40

1 $20.00

346.90 127.64

1 $36.00

1115.95

0

None

133.50

0

None

320.30

0

None

185.95

0

None

86.10

0

None

289.51 274.35 303.43

75.00

0

None

1 $75.00

0

None

388.15

1 $224.00

408.30

0

None

233.55

1 $77.58

109.50

0

None

301.90

0

None

517.39

0

None

314.75

0

None

675.79

1 $65.00

1120.03

1 $75.00

678.18 94.55

1 $66.00

1330

JouRNAL oF THE HousE,

EXHIBIT "I" - Cont'd.

Fourth Quarter, 1934 - Cont'd.

Counties
WALKER WARREN
WASHINGTON
WAYNE
WEBSTER WORTH

Total Comm.is-
sions

Insolvent Number Expense or Uncol- Clerks lected Employed
Costs

$983.40 $56.16

1 $195.00

476.00

1 $10.00

733.60

0

None

276.45

0

None

104.45

0

None

449.29 45.35
EXHIBIT "J"

0 $ 4.00

FEE REPORTS - CLERKS SUPERIOR COURT

COUNTY

First Quarter, 1933.

TOTAL FEES

Dougherty

Employees,2; Insolvent or

Eunxcpoenllseecst,e$d39o3;.60;

Fees in criminal cases 0; Fees

in civil cases, $375.75; Court

Work, $61.30; Recording papers,

$962.87.

Total Receipts-$1,793.52

Second Quarter,l933.

Dougherty

Employees,3; Insolvent or

uEnxcpoelnlseecs~1e$d4,1O5;.50;

Fees in criminal cases,$320.87;

Fees in civil cases,$321,10;

CpaopuertrsW,$o1rk, 61$564.1.470. ; Recording

Total Receipts- 1,712.54

MoNDAY, FEBRUARY 25, 1935.

1331

EXHIBIT "J" - Cont'd.

Third Quarter, 1933.

COUNTY

TOTAL FEES

Dougherty Employees,3; Expenses,$405.00; Insolvent or uncollected costs, $0; Fees in criminal cases, $221.85; Fees in civil cases, $426.40; Court Work, $45.50; Recording papers! $991.90. Tota Receipts- $ 1,685.65

Fourth Quarter,l933.

Dougherty

Employees,!; Insolvent or

Eunxpceonlsleesc1te$d4,05o.0; 0;



Fees in criminal cases,$194.79;

Fees in civil cases,$300.45;

Court Work, $50.20; Recording

papers, $1,109.69.

Total Receipts- 1,655.13

First Quarter, 1934.

Banks

Employees,O; Expenses,O; Insolvent or uncollected,$25.50; Fees in criminal cases,o; Fees in civil cases,$13.00; Court Work,$39.40; Recording papers, $249.79.
Total Receipts-

302.19

Barrow

Employees,l; Expenses,$97.50; Insolvent or uncollected 0; Fees in criminal cases,$0; Fees in civil cases,$202.64; Court Work,$85.90; Recording papers, $218.65.
Total Receipts-

507.19

1332

JouRNAL OF THE HousE,

EXHIBIT "J" - Conttd.

First Quarter, 1934 - Cont'd.

COUNTY

TOTAL FEES

Bartow

Employees,5; Expenses,$573.96;

Insolvent or uncollected,

.

$389.00; Fees in criminal cases,

$144.58; Fees in civil cases,

$31.00; Court Work!$105.00; Re-

cording papersL$75u.45.

Total Receipts- $

331.03

Ben Hill Employees,l; Expensesi$235.00; Insolvent costs uncol ected, $83.70; Fees in crimlnal cases, $130.50; Fees in civil cases, $142.65; Court Work,$65.50; Recording papers,$660.80. Total Receipts-

999.45

Bleckley Employees,O; Expenses,$0; In-

solvent costs uncollected,$0;

Fees in criminal cases,$6.00;

Fees in civil cases,$80.50;

Court paper

sW,$o5r0k1u$.8107..8

5

;

Recording

Total Receipts-

605.15

Brantley Employees,o; Expenses $0 Insolvent costs uncollecfedL$0; Fees in criminal cases,$0; ~ees in civil cases,$6.00; Court Work,$85.30; Recording papers, $551.75. Total Receipts-

643.05

Brooks

Employees~; Expenses,$155.00; Insolvent costs uncollected,$0; Fees in criminal cases,$125.14; Fees in civil cases,$150.45; Court Work,$0; Recording papers, $1,555.20.
Total Receipts-

1,830.79

MoNDAY, FEBRUARY 25, 1935.

1333

EXHIBIT "J" - Conttd.

First Quarter, 1934 - Cont'd.

COUNTY

TOTAL FEES

Calhoun

Employees,l;.Expenses,$25.00;

Insolvent costs uncollected 0;

Fees in criminal cases,$26.55;

Fees in civil cases,$14.00;

Court paper

sW,$olrlkt1i$.2lO5..OO;

Recording

Total Receipts- $

168.80

Charlton Employees,O; Expenses,$0; Insolvent costs uncollected,$30.00; Fees in criminal cases,$7.45; Fees in civil cases,$.10; Court Work, $29.00; Recording papers, $165.60. Total Receipts- 202.15

Clarke

Employees,5; Expenses,$911.00; Insolvent costs uncollected,$0; Fees in criminal cases,$93.80; Fees in civil cases,$472.45; Cpaopuerrts,W$o8r1k~1.6$54.62.10; Recording
Total Receipts- 1,848.00

Clay

Employees,l; Insolvent or

Eunxcpoelnlseecs ~1 $ed75c.0o0s;t s ,

$107.50; Fees in criminal cases,

$25.00; Fees in civil cases,

$78.00; Court Work,$85.00; Re-

cording papers,$213.05.

Total Receipts-

476.05

Coweta

Employees,2; Expenses,$220.00;

Insolvent costs uncollected,O;

Fees Fees

in in

cc riivmi li ncaal sceas ,s$e7s6$.o3o3;9.23;

Court Work,$74.55; Recording

papers,$396.60.

Total Receipts-

880.38

1334

JouRNAL or THE HousE,

EXHIBIT "J" - Conttd.

First Quarter, 1934 - Conttd.

COUNTY Crawford

TOTAL FEES

Employees,O; Expenses,$0; Insolvent costs uncollected, $0; Fees in criminal cases, $46.00; Fees in civil cases, $13.85; Court Work,$73.45; Recording papers,$315.20.
Total Receipts- $

448.50

Dawson

Employees,O; Expenses 0; Insolvent costs uncollected, $4.75; Fees in criminal cases, $60.00; Fees in civil cases, $38.60; Court Work,$0; Recording papers,$97.95.
Total Receipts- 196.55

Dodge Dougherty

Employees,?; Expenses $596.00;

Insolvent costs uncollected,$0;

Fees in criminal cases,$98.85;

Fees in civil cases,$19.00;

Court Work,$68.70; Recording

p

a

p

e

r

s

,

$

3

1

036.95. Total

R

e

c

e

i

p

t

s

-

31 223.50

Employees,!; Expenses $405.00;

Insolvent costs uncoliected,$0;

Fees in criminal cases,O; Fees

in civil cases, $183.15; Court

W$1o,r1k41$87.630.0. 0;

Recording

papers, .

Total Receipts- 1,404.75

Douglas

Employees,o; Expenses,$4.40; Insolvent costs uncollected $0; Fees in criminal cases,$76.05; Fees in civil cases,$3.00; Court Work,$.20; Recording papers,$161.85.
Total Receipts- 241.06

MoNDAY, FEBRUARY 25, 1935.

1335

EXHIBIT "J" - Contrct.

COUNTY Echols

First Quarter,l934- Cont'd.

TOTAL FEES

Employees,O; Expenses,O; Insolvent costs uncollected; $52.20; Fees in criminal cases, $30.50; Fees in civil cases, $42.75; Court Worki$10.00; Re-. cording papers,$16 .85.
Total Receipts- $

245.10

Effingham

Employees,o; Expenses,O; Insolvent costs uncollected, $90.00; Fees in criminal cases, $84.75; Fees in civil cases, $22.00; Court Work,$10.00; Recording papersL$420.85.
Total Receipts-

537.60

Forsyth

Employees,l; Expenses,$150.00; Insolvent costs uncollected,$0; Fees in criminal cases,$0; Fees in civil cases,$58.60; Court Work, $0; Recording papers, $110.65.
Total Receipts-

169.25

Gilmer

Employees,O; Expenses $0; Insolvent costs uncollected,$26.01; Fees in criminal cases,$0;. Fees in civil cases,$0; Court work, $0; Recording papers,$239.00.
Total Receipts- 239.00

Glynn

Employees,6; Expenses,$862.15; Insolvent costs uncollected,$0; Fees in criminal cases,$0; Fees in civil cases $393.35; Court Work,$179.50; Recording papers, $755.80.
Total Receipts- 11329.65

1336

JouRNAL or THE HousE,

EXHIBIT "J" - Conttd.

First Quarter,l934 - Cont'd.

CCUNTY

TOTAL FEES

Hancock

Employees,3; Expenses,$90.00 Insolvent costs uncollected,$0; Fees in criminal cases,o; Fees in civil cases,O; Court Work, $5.00; Recording papers,$368.00.
Total Receipts- $

373.00

Hart Employees,!; Expensesi$120.50; Insolvent costs uncal ected,O; Fees in criminal cases,o; Fees in civil cases,$70.75; Court Work,$0; Recording papers, $551.95. Total Receipts-

622.70

Harris

Employees,O; Expenses,$38.606 Insolvent costs uncollected, Fees in criminal cases,$117.76; Fees in civil cases,$20.62; Court Work,$51.40; Recording papers, $374.05.
Total Receipts-

563.77

.Heard

Employees,o; Expenses,06 Insolvent costs uncollected ; Fees in criminal cases $0 Fees in civil cases,$18.35; 6ourt Work, O; Recording papersi$208.04.
Tota Receipts-

226.39

Houston

Employees,!; Expenses,$109.75; Insolvent costs uncollected o; Fees in criminal cases,$0; Fees irr civil cases,$147.55; Court Work,$70.80; Recording papers, $862.15.
Total Receipts-

1,080.50

MoNDAY, FEBRUARY 2;), 1935.

1337

EXHIBIT "J" - Cont'd.

First Quarter, 1934 - Cont'd.

COUNTY Irwin

TOTAL FEES Employees,l; Expenses,$60.00; Insolvent costs uncollected, $54.18; Fees in civil cases, $123.60; Fees in criminal cases, $43.17; Court Work,$51.05; Recording papers,$943.00.
Total Receipts-$1,160.82

Jasper

Employees,o; Expenses,$0; Insolvent costs uncollected,O Fees in criminal cases,$6.00; Fees in civil cases,$19.00; Court Work,$12.20; Recording papers,$330.00.
Total Receipts-

367.20

Jeff Davis

Employees,l; Expensesi$100.00; Insolvent costs uncol ected, $200.00; Fees in criminal cases, $95.00; Fees in civil cases, $115.00; Court Work,$40.00; Re~ cording papers,$142.55.
Total Receipts- 392.55

Jefferson

Employees,l; Expenses,$435.25; Insolvent costs uncollected,$0; Fees in criminal cases,$53.03; Fees in civil cases $87.60; Court Work,$95.50; Recording papers,$1,266.22.
Total Receipts- 1,502.35

Lamar

Employees,o; Expenses,$14.75;

Insolvent costs Fees in criminu~

ucnacsoelsle,$c3te.6du1 0; ;

Fees in civil cases,$99.15;

Court WorkL$33.95; Recording

papers,$53r .10.

Total Receipts-

673.80

1338

JouRNAL oF THE HousE,

EXHIBIT "J" - Conttd.

First Quarter,l934 - Cont'd.

COUNTY

TOTAL FEES

Lanier

Employees, O; Expensest$0; Insolvent costs uncollec ed,O; Fees in criminal cases,O; Fees in civil cases,$27.30; Court Work,$12.75; Recording papers, $459.60.
Total Receipts- $

499.65

Laurens

Employees,3; Expenses,$536.98; Insolvent costs uncollected, $369.35; Fees in criminal cases, $59.40; Fees in civil cases, $216.46; Court Work,$155.65; Recording papers,$li961.20.
Tota Receipts- 2,392.71

Liberty

EInmspollovyeenets,c!o; sEtsxpuenncseosl,l$e5c5t.e2d5,&o;
Fees in criminal cases,$65.50; Fees in civil cases,$22.50; Court Work,$10.00; Recording papers, $278.75.
Total Receipts-

376.75

Long Employees,!; Expensesi$19.006

Insolvent costs uncol ected ;

Fees in criminal casesi$20.50;

Fees in civil cases,$5 .20;

Court Work,$49.00; Recording

papers,$412.85.

Total Receipts-

533.55

Lowndes

Employees,3; Expenses,$995.00; Insolvent costs uncollected,$0; Fees in criminal cases,$0~ Fees in civil cases,$0; Court ork, $1,679.10; Recording papers, $845.70.
Total Receipts-

2,524.80

MoNDAY, FEBRUARY 25, 1935.

1339

EXHIBIT "J" - Conttd.

First Quarter, 1934 - Cont'd.

COUNTY

TOTAL FEES

Madison

Employees,!; Expensesi$163.70; Insolvent costs uncal acted, $36.90; Fees in criminal cases, $36.50; Fees in civil cases, $in3g.85p;apCeorsu,r$t2W39o.r3k1u$. 69.65; Record-
Total Receipts- $

349.30

Marion

Employees,!; Expenses,$0; Insolvent costs uncollected,$0; Fees in criminal casesL$17.05; Fees in civil cases,$13.7o; Cour~ Work,O; Recording papers,$671.35.
Total Receipts-

702.15

Mcintosh Employees,O; Expenses Oi Insol-
vent costs uncollected,~O; Fees in criminal cases,$49.43; Fees in civil cases,$10.00; Court Work,$11.90; Recording papers, $134.50.
Total Receipts-

205.85

Monroe

Employees,!; Expenses,$225.00! Insolvent costs uncollected $u; Fees in criminal cases,$0; Fees in civil cases,$32.10; Court Work,$70.90; Recording papers, $715.55.
Total Receipts-

818.55

Murray

Employees,!; Expenses,$403.74; Insolvent costs uncollected, $265.79; Fees in criminal cases, $105.75; Fees in civil cases, $236.75; Court Work, $86.05; Recording papers,$377.00.
Total Receipts-

805.55

1340

JouRNAL or THE HousE,

EXHIBIT "J" - Conttd.

First Quarter, 1934 - Conttd.

COUNTY

TOTAL FEES

Oglethorpe Employees,O; Expenses,$110.00; Insolvent costs uncollected, $15.05; Fees in criminal cases, $6.15; Fees in civil cases,$0; Court Work,$13.80; Recording papers,$464.90. Total Receipts- $

484.85

Peach

Employees,O; Expenses,$0; Insolvent costs uncollected,$0; Fees in criminal cases $0 Fees in civil cases,$2S.o6i Court Work, $65.15; Recording papers,$320.45.
Total Receipts-

413.60

Pickens

Employees,o; Expenses,$0; Insolvent costs uncollected,$0; Fees in criminal cases,$0; Fees in civil cases,$102.00; Court Work,$1.25; Recording papers, $383.25.
Total Receipts-

486.50

Polk

Employees,l; Expenses,$741.70;

Insolvent costs uncollected,

$325.20; Fees in criminal cases,

$310.15; Fees in civil cases

$34.00; Court Work,$128.30; Re-

cording papers~$887.05.

Total Receipts- 1,359.50

Quitman

Employees,l; Expenses O Insol-

vent costs uncollected,$82.75;

Fees in criminal cases,$60.98;

Fees in civil cases,$34.00;

Court WorkL$42.65; Recording

papers,$19G.l5.



Total Receipts- 329.78

MoNDAY, FEBRUARY 25, 1935.

1341

EXHIBIT "J11 - Conttd.

First Quarter, 1934 - Cont'd.

COUNTY

TOTAL FEES

Rabun

Employees,?; Expensesi$14.00; Insolvent costs uncol ected,
174.00;Fees in criminal cases, 12.25;Fees in civil cases, ll.OO;Court Work~$3.00;Re cording papers,$la8.65.
Total Receipts- $ 164.90

Randolph Employees,l; Expenses,$248.26; Insolvent costs uncollected, $45.00; Fees in criminal cases, $18.00; Fees in civil cases, $30.10; Court Work,$2.00; Recording papers,$694.30. Total Receipts-

776.06

Rockdale Employees,O; Expenses,$0; Insolvent costs uncollected,$u; Fees in criminal cases,$31.66; Fees in civil cases,$48.35; Cour~ Work, $85.00; Recording papers,$202.31. Total Receipts-

367.32

Schley

Employees,o; Expenses,Oi Insol-

vent costs uncollected ~12.00;

Fees in criminal cases,$12.00;

Fees in civil cases,o; Court

Work,$15.00; Recording papers,

$241.60.

.

Total Receipts-

268.60

Screven

Employees,l; Expenses,$225.00; Insolvent costs uncollected,$0; Fees in criminal cases,$46.45; Fees in civil cases,$54.05; Court Work,$4.80; Recording papers, $1,660.70.
Total Receipts- 1,766.00

1342

JouRNAL or THE HousE,

EXHIBIT "J" - Conttd.

First Quarter, 1934 - Cont'd.

COUNTY

TOTAL FEES

Stephens Employees,o; Expenses,Oi Insolvent costs uncollected,~O; Fees in criminal cases,$25.00; Fees in civil cases,$43.95; Court Work, $12.60; Recording papers, $260.45. Total Receipts- $

342.00

Stewart

Employees,o; Expenses,oi Insolvent costs uncollected ~o Fees in criminal cases,$6.00; fees in civil cases,$9.00i Court Work,$0;, Recording papers,~753.55. .
Total Receipts- 768.55

Taylor

Employees,l; Expenses $45.00; Insolvent costs uncollected,$0; Fees in criminal cases,$0; Fees in civil cases,$22.25i Court Work, $0; Recording papers,~345.90.
Total Receipts- 368.15

Tift Troup

Employees,l; Expenses,$300.00; Insolvent costs uncollected,$0; Fees in criminal cases~$150.74; Fees in civil cases,$220.95; Court Work,$0; Recording papers, $1,028.30.
Total Receipts- 11399.99

Employees,4; Expensesi$260.09; Insolvent costs uncol ected, $84.55;Fees in criminal cases, $151.90; Fees in civil cases, $172.90; Court Work,$0; Recording papers,$509.35.
Total Receipts-

834.15

MoNDAY, FEBRUARY 25, 1935.

1343

EXHIBIT "J" - Cont'd

First Quarter, 1934 - Cont'd.

COUNTY

TOTAL FEES

Upson Walton

Employees,!; Expenses,$195.00; Insolvent costs uncollected, $299.75; Fees in criminal cases,
o; Fees in civil cases,$171.35;
Court Work,O; Recording papers, $552.45.
Total ReceiptsEmployees,l; Expenses,$96.96; Insolvent costs uncollected, $94.65; Fees in criminal cases, $37.70; Fees in civil cases,$0; Court Work,$185.00; Recording papers,$788.05.
Total Receipts- $

723.80 1,010.75

Warren

Employees,!; Expenses,$60.00 Insolvent costs uncollected,$0; Fees in criminal casesi$32.71; Fees in civil cases,$2 .70; Court Worki $21.75; Recording papers,$27 .75.
Total Receipts-

347.91

Wayne

Employees,!; Expenses,$225.00; Insolvent costs uncollected~~O; Fees in criminal cases,$44.~; Fees in civil case~,$44.65; Court Work,$219.40; Recording papers,$620.35.
Total Receipts-

928.65.

Webster

Employees,O; Expenses,$Oi Insolvent costs uncollected,$ .90; Fees in criminal cases,$6.90; Fees in civil cases,$32.85; Court Work,$2.40; Recording papers, $325.70.
Total Receipts-

367.85

1344

JouRNAL oF THE HousE,

EXHIBIT "J" - Conttd.

First Quarter, 1934 - Conttd.

COUNTY

TOTAL FEES

White

Employees,O; Expenses,O; Insolvent costs uncollectedL$0; Fees in criminal cases,$0; ~ees in civil cases,$60.15; Court Work, $3.15; Recording papers,$276.35.
Total Receipts- $

339.65

Wilcox Employees,o; Expenses,Oi Insol-

vent costs uncollectedL~o; Fees

in criminal cases,$0; ~ees in

civil cases,$3.75;Court Work

$17l.OO;Recording Tot

apl aRpeercse1l$p7t0s-9.55.

884.30

Wilkes Employees,l; Expenses,$80.00; In-

solvent costs uncollected,$398.25;

Fees in criminal cases,$233.10;

Fees in civil cases,$256.95; Court

Work,$117.35; Recording papers,

$630.25.

Total Receipts-

1,237.65

Second Quarter,l934.

Bartow Employees,6; Expenses,$811.92; In-

solvent costs uncollected.$242.97;

Fees in criminal cases,$195.55;

Fees in civil cases,$53.05; Court

WorkL$159.70; Recording papers,

$1,4'14.50.

Total Receipts-

1,882.80

Barrow Emp1oyees,l; Expenses,$105.00; Insolvent costs uncollected,$0; Fees in criminal cases,$0; Fees in civil cases,$298.09; Court Work, $54.80; Recording papers,$591.53. Total Receipts-

944.42

MoNDAY, FEBRUARY 25, 1935.

1345

EXHIBIT "J" - Conttd.

Second Quarter,l934 -cont'd.

COUNTY

TOTAL FEES

Ben Hill

Employees,!; Expenses,$150.00; Insolvent costs uncollected, $147.00; Fees in criminal cases, $121.10; Fees in civil cases, $68.35; Court Work,$39.70; Recording papersL$836.95.
Total Receipts- $ 1,100.00

Bleckley

Employees,2; Expenses,$25.00 Insolvent costs uncollected,$0; Fees in criminal cases,$81.35; Fees in civil cases,$36.30; Court Work~$106.90; Recording
papers,$39~.88.
Total Receipts-

617.43

Brantley Calhoun

Employees,o; Expenses,$52.00; Insolvent costs un~ollected,$0; Fees in criminal cases,$106.00; Fees in Civil cases,o; Court Work,O; Recording papers,$112.30.
Total Receipts- 218.30

Employees,l,E solvent cos~s

xupnecnosellse,$c2te.5d0, 6;

InFees

in criminal cases,$70.85; Fees in

civil cases,$20.00; Court Work,

$118.10; RecordTinogtaplaRpeercse11$p4t1s0- .30. 619.25

Camden Evemnptlocyoesetss,Ou;nEcoxlpleencsteesd,~o$o;InFseoels-

in criminal cases,$0; ~ees in

civil cases,$0; Court Work,O;

Recording papers,$2.75.

Total Receipts-

2.75

1346

JouRNAL OF THE HousE,

EXHIBIT "J" - Conttd.

Second Quarter,l934- Cont'd.

COONTY

TOTAL FEES

Charlton

Employees,o; Expenses,o! Insolvent costs uncollected, 24.00; Fees in criminal cases,o; Fees in civil cases,$0; Court Work $29.30; Recording papers,$116.50.
Total Receipts- $

145.80

Clarke

Employees,2; Expenses,$900.00; Insolvent costs uncollected, $599.20; Fees in criminal cases, $176.00; Fees in civil cases, $250.00; Court Work?$336.40; Recording papersT$1-1 9.93.
otal Receipts- 1,943.00

Clay

Employees,l; Expenses,$75.00;

Insolvent costs uncollected,

$37.60; Fees in criminal cases,

$3.00; Fees in civil cases,o;

Court Work,$10.00; Recording

papers,$400.05.

Total Receipts- 413.05

Coweta

Employees,3; Expenses,$290.00; Insolvent costs uncollected,$0; Fees in criminal cases,$461.00; Fees in civil cases,$61.30; Court Work,$413.90; Recording papers, $751.65.
Total Receipts- 1,687.85

Craw!ord

Employees,l; Expenses $31.00
FIneseos lvinenct ricmosintsalucnacsoelsie,$c9te.0d0$; o;
Fees in civil cases,$68.45; Court Work,$7.27; Recording papers, $530.18.
Total Receipts-

614.90

MoNDAY, FEBRUARY 25, 1935.

1347

EXHIBIT "J" - Conttd.

Second Quarter, 1934 - Cont'd.

COUNTY

TOTAL FEES

Dawson

Employees,O; Expenses,o; Insolvent costs uncollected,$0; Fees in criminal casesL$10.53; Fees in civil cases,$2r.70; Cpaopuerrts,W$1or8kt1s$.3404..55; Recording
Total Receipts-$

271.12

Dodge

Employees,3; Expensesi$682.50; Insolvent costs uncal ectad, $356.50; Fees in criminal cases, $382.25; Fees in civil cases, $94.50; Court Wotk,$94.40; .Recording papersL$2881.20.
~otal Receipts- 3,866.85

Dougherty

Employees,2; Expenses $435.00; Insolvent costs uncoliected,O; Fees in criminal cases,$260.40; Fees in civil cases $230.52; Court Work,$76.30; Recording papers,$1,603.42.
Total Receipts-2,170.64

Douglas

Employees,!; Expensesi$66.00; Insolvent costs uncol ected,O; Fees 1n criminal cases,$25.47; Fees in civil cases,$18.18; Court Work,$74.85; Recording papers,$205.80.
Total Receipts-

324.30

Echols

Employees,o; Expenses,o Insolvent costs uncollected,$50.85; Fees in criminal cases,$6.00; Fees in civil cases,$0; Court Work,O; Recording papers,$114.05.
Total Receipts- 120.05

1348

JouRNAL OF THE HousE,

EXHIBIT "Jtt - Cont'd.

Second Quarter, 1934- Cont'd.

COUNTY

TOTAL FEES

Effingham Employees,o; Expenses,oi Insolvent costs uncollected,~75.30; Fees in criminal cases,$127.85; Fees in civil cases,$29.50; Court Work,$70.10; Recording papers,$239.90. Receipts totaled-$

467.35

Elbert

Employees,!; Expenses,$480.00; Insolvent costs uncollected,$326.95; Fees in criminal cas~~l$170.00; Fees in civil cases,~.oo; Court Work,$55.00; Recording papers, $2,332.35.
Total Receipts- 2,924.30

Forsyth

Employees,!; Expensesi$450.00; Insolvent costs uncol ected, $300.00; Fees in criminal cases, $0; Fees in civil cases,$76.00; Cpeorusr,t$W6o8r0k.1w~2.0.00; Recording pa-
Total Receipts- 1,076.00

Gilmer

Employees,O; Expenses,Oi Insolvent costs uncollected,~O; Fees in criminal cases,o; Fees in civil cases,$23.70; Court Work, $93.00; Recording papers,$321.55.
Total Receipts-

438.25

Hart

Employees,!; Expenses,$129.00;

Insolvent costs uncollected,$u;

Fees 1n criminal cases,$8.00;

Fees in civil cases,$3.00 Court

Work,O; Recording papers,$722.80.

Total Receipts-

733.80

MoNDAY, FEBRUARY 25, 1935.

1349

EXHIBIT J - Cont'd.

Second Quarter, 1934 - Contd.

COUNTY

TOTAL FEES

Heard

Employees,o; Expenses,$0; Insolvent costs uncollected~$06 Fees in criminal cases,$7 .o ; Fees in civil cases,$14.00; Court Work,$37.30; Recording papers,$504.85.
Total Receipts- $

633.15

Irwin

Employees,l; Expenses,$60.00; Insolvent costs uncollected, 0; Fees in criminal cases, $52.80; Fees in civil cases, $80.90; Court Work!$5.00; Recording papersf$81 .45.
otal Receipts-

950.15

Jasper

Employees,l; Expenses,$55.00 Insolvent costs uncollectedf$o; Fees in criminal cases,$0~ ees in civil cases,$0; Court ork, 0; Recording papers,$786.42.
Total Receipts-

786.42

Jetterson

Employees,2; Expenses,$300.00; Insolv~~t costs uncollected, $9.15; Fees in criminal cases, $82.50; Fees_in civil cases, $61.47! Court Work, $81.00; Record1ng papers,$1,675.14.
Total Receipts- 1,900.00

Lamar

Employees,o; Expenses,$6.00; Insolvent costs uncollected, $107.10; Fees in criminal pases,$16.85; Fees in civil cases,$26.35; Court Work, $33.25; $35.00; Recording papers,$970.00.
Total Receipts- $1,081.55

1350

JouRNAL OF THE HousE,

EXHIBIT nJ" - Cont'd.

Second Quarter, 1934- Cont'd.

COUNTY

TOTAL FEES

Laurens

EI nmspollovyeenets,4c ;o sEt sx puenncsoe sl l,e$c6t2e0d.Lo o$6 ;
Fees in criminal cases,$0; ~ees in civil cases,$263.21; Court Work,$60.00; Recording papers, $2,284.85.
Total Receipts- $

2,608.06

Long Employees,o; Expenses,$0; Insol-

vent costs uncollected,$0; Fees

in criminal cases,$0; Fees in

civil cases,$22.20; Court Work,

$134.35; Recording papers,$179.05.

Total Receipts-

335.60

Lowndes

Employees,3; ~xpenses,$1,035.00; Insolvent costs uncollected,$58.10; Fees in criminal cases,$316.50; Fees in civil cases,$375.00; Court Work,$555.00; Recording papers, $502.75.
Total Receipts- 1,807.35

Madison

Employees,l; Expenses,$169.97; Insolvent costs uncollected,$0; Fees in criminal cases,$100.75; Fees in civil cases,$26.33; Court Work,$21.25; Recording papers,$549.40.
Total Receipts-

697.73

Marion

Employees,!; Expenses,O; Insolvent costs uncollected,$11.38; Fees in criminal cases,o; Fees in civil cases,$37.10; Cour~ Work, $11.50; Recording papers,$407.90.
Total Receipts-

467.88

MoNDAY, FEBRUARY 25, 1935.

1351

EXHIBIT "J" - Conttd.

Second Quarter, 1934-Cont'd.

COUNTY

TOTAL FEES

Monroe

Employees,!; Expenses,$225.00; Insolvent costs uncollectedF$0; Fees in criminal cases,$0; ees in civil cases,$34.10; Court Work,$18.90; Recording papers, $572.85.
Total Receipts- $

625.85

Murray

Employees,l;.Expenses $274.21 Insolvent costs uncoliected,$6; Fees in crimtnal cases,$0~ Fees in civil cases,$0; Court ork, O; Recording papers,$548.42.
Total Receipts-

548.42

Peach

Employees,l; Expenses,$30.006 Insolvent costs uncollected, ; Fees in criminal cases,O; Fees in civil cases,$1~00; Court Work,O; Recording papers,o.
Total Receipts-

143.85

Pickens

Employees,l; Expenses,o& Insolvent costs uncollected 61.65; Fees in criminal cases,$221.55; Fees in civil cases,$45.85; Court Work,$79.35; Recording papers,$353.05.
Total Receipts-

761.45

Polk Employees,l; Expenses,$928.05; Insolvent costs uncollected, $228.15; Fees in criminal cases, $189.00; Fees in civil cases, $168.52; Court Work,$35.00; Recording papersL$1,563.58. Total Receipts- 1,856.10

1352

JouRNAL OF THE HousE,

EXHIBIT "J" - Cont'd.

Second Quarter,l934- Cont'd.

COUNTY

TOTAL FEES

Rabun

Employees,o; Expenses,oi Insolvent costs uncollected,~O; Fees in criminal cases,$18.00; Fees in civil cases,$3.00i Court Work,
O; Recording papers,~l39.25.
Total Receipts- $

160.25

Schley

Employees,o; Expenses,O Insolvent costs uncollected,$134.74; Fees in criminal cases,$83.30; Fees in civil cases,$45.35; Court Work, $147.80; Recording papers, $125.70.
Total Receipts-

402.15

Quitman Employees,o; Expenses,$0i Insolvent costs uncollected,$6.27; Fees in criminal cases,$9.78; Fees in civil cases,$0; Court Work,O; Recording papers,$172.60. Total Receipts-

182.38

Screven Employees,O; Expenses,$225.00; Insolvent costs uncollected,O; pees in criminal cases,$42.15; Fees in civil cases,$34.00; Court Work, $64.88; Recording papers,$1404.11. Total Receipts- 1,545.14

StephensEmployees,l; Expenses,$60.00; Insolvent costs uncollected,$0; Fees in criminal cases,~122.10; Fees in civil cases,$211.45; Court Work, $23.60; Recording papers,$597.70. Total Receipts-

831.35

MoNDAY, FEBRUARY 23, 1935.

1353

EXHIBIT "J" - Conttd.

Second Quarter, 1934-Cont'd.

COUNTY

TOTAL FEES

Stewart

Employees,o; Expenses,$0; Insolvent costs uncollected,$0; Fees in criminal cases,$61.35; Fees in civil cases,$34.00; Court Work, $30.00; Recording papers,$468.65.
Total Receipts-$

594.00

Taylor

Employees,l; Expensesi$120.00; Insolvent costs uncol ected, $59.85; Fees in criminal cases, $12.45; Fees in civil cases~ $25.35; Court Workl$25.00; Kecording papers,$38u.60.
Total Receipts-

443.40

Tift Employees,l 1/2; Expenses,$300.00; Insolvent costs uncollected,$0; Fees in criminal cases,$43.80 Fees in civil cases,$227.80; Court Work,O; Recording papers,$1,300.25. Total Receipts- 1,571.85

Troup

Employees,2; Expensesi$375.00; Insolvent costs uncol ected, $84.55; Fees in criminal cases, $0; Fees in civil cases,$286.60; Court Work, $101.65; Recording papers,$1,479.50.
Total Receipts- 1,867.75

Upson

Employees,l; Expensesi$195.00; Insolvent costs uncol ected, $50.25i Fees in criminal cases, $165.8 ; Fees in civil cases $137.20; Court Work,$93.00; Recording papers,$1,033.05.
Total Receipts-

1,429.06

1354

JouRNAL OF THE HousE,

EXHIBIT 11 J" - Conttd.

Second Quarter, 1934- Cont'd.

COUNTY

TOTAL FEES

Walton

Employees,O; Expenses,$45.05; Insolvent costs uncollected, $14.30; Fees in.criminal cases, $6.90; Fees in civil cases, $27.00; Court WorkL$45.00; Recording papers,$72t.51.
Total Receipts- $

806.41

Warren

Employees,!; Expenses,$60.00; Insolvent costs uncollected, $46.20; Fees in criminal cases, $29.90; Fees in civil cases, $70.00; Court Work,$15.00; Recording papers,$325.50.
Total Receipts-

444.25

Wayne

Employees,!; Expenses,$225.00; Insolvent costs uncollected, $742.75; Fees in criminal cases, $451.55; Fees in civil cases, $50.25; Court Work,$303.65; Recording papers,$1,122.10.
Total Receipts- 2,670.30

Webster

Employees,o; Expenses,$0; Insolvent costs uncollected,$65.70; Fees in criminal cases,O; Fees in civil cases,$20.20; Court Work, $38.50; Recording papers, $476.06.
Total Receipts- 534.76

White

Employees,O; Expenses,O Insolvent costs uncollected,$198.10; Fees in criminal casesz$143.07; Fees in civil cases,$8u.82; Court Work,$84.70; Recording papers,$454.15.
Total Receipts-

960.84

MoNDAY, FEBRUARY 25, 1935.

1355

EXHIBIT- 11J"- Conttd.

Second Quarter,l934-Conttd.

COUNTY

TOTAL FEES

Wilkes

Employees,l; Expenses,$120,00; Insolvent costs uncollected, $459.70; Fees in criminal cases, $68.50; Fees in civil cases, $245.20; Court Work,$29.90; Recording papers,$1,056.55.
Total Receipts- $ 1,400.20

Wilcox

Employees,o; Expenses,oi Insolvent costs uncollected,~54.21; Fees in criminal cases,$111.89; Fees in civil cases,$118.15; Court Work,$73.90; Recording papers,$1,055.82.
Total Receipts-

1,359.76

Barrow Bartow

Third Quarter, 1934. Employees,l; Expensesi$105.00; Insolvent costs uncol ected,$0; Fees in criminal cases,$0; Fees in civil cases,$72.49; Court Work,$16.00; Recording papers, $335.67.
Total ReceiptsEmployees,2; Expenses,$443.34; Insolvent costs uncollected, $474.08; Fees in criminal cases, $160.83; Fees in civil cases, $44.05; Court Work,$102.10; Recording papers,$555.70.
Total Receipts-

424.16 862.68

Ben Hill

Employees,!; Expenses,$150.00; Insolvent costs uncollected,$150.30; Fees in criminal cases,$88.60; Fees in civil cases $83.35; Court Work, $39.40; Recording papers,$627.55.
Total Receipts- 838.90

1356

JouRNAL OF THE HousE,

EXHIBIT "J11 - Cont'd.

Third Quarter,l934-Conttd.

COUNTY

TOTAL FEES

Blackley

Employees,o; Expenses,$0; Insolvent costs uncollected,$0; Fees in criminal cases,$18~95; Fees in civil cases,$33.60; Court Work,$48.35; Recording papers,$304.75.
Total Receipts- $

406.65

Calhoun

Employees,O; Expenses,O; Insolvent costs uncollected,$0; Fees in criminal cases,$19.65; Fees in civil cases,$37.20; Court Work,$10.00; Recording papers,$221.35.
Total Receipts-

337.95

Camden

Employees,O; Expenses,$0; Insolvent costs uncollected,$O;Fees in criminal cases,$0; Fees in civil cases,$4.05; Court Work, $24.55; Recording papers,$295.87.
Total Receipts- 324.47

Clarke

Employees,2; Expenses,$889.00; Insolvent costs uncollected, $93.13i Fees in criminal cases, $118.3G; Fees in civil cases, $255.80; Court Work,$199.20; Recording papers,$1078.78.
Total _Receipts- 1,652.10

Clay

Employees,l; Expensesi$75.00; Insolvent costs uncol ected, $111.50; Fees in criminal cases, $35.00; Fees in civil cases, $68.00; Court Work,$70.00; Recording papersL$103.90.
Total Receipts-

286.90

MoNDAY, FEBRUARY 25, 1935.

1357

EXHIBIT- 11 J" - Cont'd.

Third Quarter,l934-Cont'd.

COUNTY

TOTAL FEES

Crawford

Employees,O; Expenses 0; Insolvent costs uncoliected, $0; Fees in criminal cases, $58.20; Fees in civil cases, $36.00; Court Work,$9.36; Recording papersL$179.25.
Total Receipts- $

282.81

Dawson

Employees,o;.Expenses,$0; Insolvent costs uncollected,$0; Fees in criminal cases,$75.25; Fees in civil cases,$9.75; Court Work,O; Recording papers, $57.95.
Total Receipts-

143.95

Dodge

Employees,2; Expenses,$450.00; Insolvent costs uncollected,$0; Fees in criminal cases,$201.30; Fees in civil cases,$30.00; Court Work,$108.00; Recording papers,$986.10.
Total Receipts- 1,325.40

Dougherty

Employees,2; Expenses,$405.00; Insolvent costs uncollected,O; Fees in criminal cases,o; Fees in civil cases,$254.94; Court Work,$111.00; Recording papers, $1,408.84.
Total Receipts- 1,774.78

Echols

Employees,o; Expenses,$0; Insolvent costs uncollected,$41.95; Fees in criminal cases,$6.00; Fees in civil cases,$0; Court Work,$35.45; Recording papers, $60.85.
Total Receipts-

138.25

1358

JouRNAL OF THE HousE,

EXHIBIT J11 11 - Cont'd.

Third Quarter,l934- Cont'd.

COUNTY

TOTAL FEES

Elbert

Employees,l; Expenses,$240.00; Insolvent costs uncollected, $142.45; Fees in criminal cases, $98.00; Fees in civil cases, $35.00; Court Work, $10.00; Recording papers,$327.15.
Total Receipts- $

470.15

Forsyth

Employees,l; Expenses,$150.00 Insolvent costs uncollectedL$140.00; Fees in criminal cases,$0; ~ees in civil cases,$17.35; Court Work, $20.00; Recording papers,$586.20.
Total Receipts- 770.60

Gilmer

Total Receipts- 272.52

Hart

Employees,!; Expenses,$72.00; Insolvent costs uncollected,$0; Fee~ in criminal cases,$15.00; Fees in civil cases,$8.00i Court Work,$0; Recording papers~~815.15.
~otal Receipts- 838.15

Heard Irwin

Employees,O; Expenses,$0; Insolvent costs uncollected,O; Fees in criminal cases,o; Fees in . civil cases, 0; Court Work,O; Recording papers,$131.35.
Total Receipts-

131.35

Employees,l; Expenses,$60.00; Insolvent costs uncollected.$6.00; Fees in criminal cases,$120.00; Fees in civil cases $87.35; Court Work, $32.30; Recording papers,$656.10.
Total Receipts- 895.75

MoNDAY, FEBRUARY 2:>, 1935.

1359

EXHIBIT "J" - Cont'd.

Third Quarter,l934- Cont'd.

COONTY

TOTAL FEES

Jasper

Employees,l; Expenses,$25.00; Insolvent costs uncollected, $158.30; Fees in criminal cases, $0; Fees in civil cases,O Court Work,O; Recording papers,$120.25.
Total Receipts- $ 217.79

Lamar

Employees,O; Expenses,$6.00; Insolvent costs uncollected,O; Fees in criminal cases,o; Fees in civil cases,$51.80; Court Work,$27.30; Recording papersL$317.64.
Total Receipts- 396.64

Laurens

Employees,4; Expenses,$550.42; Insolvent costs uncollected, $228.90; Fees in criminal cases, $0; Fees in civil cases,$156.62; Court Work,$111.90; Recording papers,$2226.20.
Total Receipts- 2,494.72

Lowndes

Employees,3; Expenses $345.00 Insolvent .costs uncoliected,$6; Fees in criminal cases,$555.00; Fees in civil cases,$313.00; Court Work,$425.00; Recording papers,$960.00.
Total Receipts-

2,253.00

Madison

Employees,l; Expenses,$153.80; Insolvent costs uncollected, $34.65; Fees in criminal cases, $70.40; Fees in civil cases, $18.90; Court Work,$13.70; Recording papers,$179.30.
Total Receipts-

282.30

1360

JouRNAL or THE HousE,

EXHIBIT "J" - Cont'd.

Third Quarter, 1934- Cont'd.

CC:UNTY

TOTAL FEES

Marion

Employees,O; Expenses,O; Insolvent costs uncollected,$0; Fees in criminal cases,O; Fees in civil cases,$35.15; Court Work, 0; Recording papersi$139.35.
Tota Receipts- $

174.50

Monroe

Employees,l; Expenses,$225.00; Insolvent costs uncollectedL$0; Fees in criminal cases,$0; ~ees in civil cases,$72.45; Court Work,$94.85; Recording papers, $550.20.
Total Receipts-

717.50

Murray

Employees,l; Expensesi$170.32; Insolvent costs uncol ected, $19.66; Fees in criminal cases, 0; Fees in civil cases,o; Court Work,O; Recording papers,$340.64.
Total Receipts-

340.64

Peach

Employees,O; Expenses,$0; Insolvent costs uncollected,O; Fees in criminal cases,$0; Fees in civil cases,$0; Court Work,$2.60; Recording papers,$262.40.
Total Receipts-

165.00

Pickens

Employees,O; Expenses,Oi Insolvent costs uncollected,~3.00; Fees in criminal cases,$0; Fees in civil cases,$31.00; Court Work,$73.50; Recording papers, $183.45.
Total Receipts-

290.95

MoNDAY, FEBRUARY 25, 1935.

1361

EXHIBIT "J" - Cont'd.

Third Quarter,l934- Cont'd.

COUNTY

TOTAL FEES

Polk

Employees,l; Expenses $573.45; Insolvent costs uncollected, $303.50; Fees in criminal cases, $140.90; Fees in civil cases, $131.69; Court Work,$178.50; Recording papers~$695.80.
Total Receipts- $1,146.89

Quitman

Employees,o; Expenses,o; Insolvent costs uncollected, $103.97; Fees in criminal cases,$51.73; Fees in civil cases,$9.60; Court Work,$40.10; Recording papers,$56.90.
Total Receipts-

167.03

Rabun

Employees,l; Expenses,$30.00; Insolvent costs uncollected, $48.68; Fees in criminal cases, $100.00; Fees in civil cases, $20.00; Court WorkL$21.00; Recording papers,$17t.OO.
Total Receipts-

318.00

Schley

Employees,O; Expenses,$0; Insol-

vent costs uncollected,$39.35;

Fees Fees

in in

ccriivmilincaalsceass,$e2s6$.340o;.oo;

Court Work,$42.97; Recording

papers,$117.40.

Total Receipts-

230.67

Stephens

Employees,l; Expenses,$60.00i Insolvent costs uncollected,~O; Fees in criminal cases,$0; Fees in civil cases,$294.50; Court Work,$37.40; Recording papers, $304.15.
Total Receipts-

636.05

1362

JouRNAL OF THE HousE,

EXHIBIT "J" - Conttd.

Third Quarter, 1934 - Cont'd.

COUNTY

TOTAL FEES

Stewart

Employees,O; Expenses,O; Insolvent costs uncollected,$0; Fees in criminal cases,O; Fees in civil cases,$73.40; Court Work, $0; Recording papers,$130.20.
Total Receipts- $

203.60

Taylor

Employees,l; Expenses,$42.00 Insolvent costs uncollected,$0; Fees in criminal casesl$0; Fees in civil cases,$8.00; ~ourt Work,$10.00; Recording papers, $227.05.
Total Receipts-

245.05

Tift

Employees,l 1/2; Expenses,$300.00 Insolvent costs uncollected,$0; Fees in criminal cases,$128.19; Fees in civil cases,$503.55; Court Work,$0; Recording papers,$690.55.
Total Receipts- 1,322.29

Troup

Employees,2; Expenses,$340.00; Insolvent costs uncollected, $92.80; Fees in criminal cases, $233.40; Fees in civil cases, $188.30; Court Work,$28.00; Recording papers,$775.30.
Total Receipts- 1,225.00

Upson

Employees,l; Expenses,$195.00; Insolvent costs uncollected, $165.06; Fees in criminal cases, $0; Fees in civil cases,$132.75; Court Work,$85.10; Recording papers,$614.20.
Total Receipts-

832.05

MoNDAY, FEBRUARY 2:>, 1935.

1363

EXHIBIT "J" - Conttd.

Third Quarter, 1934- Cont'd.

COUNTY

TOTAL FEES

Warren Employees,l; Expenses,$60.00; Insolvent costs uncollected,$0; Fees in criminal cases,$0; Fees in civil cases,$0; Court Work,O; Recording papers,$165.00. Total Receipts- $

165.00

Wayne

Employees,l; Expenses,$225.00; Insolvent costs uncollected,$0; Fees in civil cases,$10.00; Fees in criminal ca9es,$0; Court Work, $231.50; Recording papers,$666.50.
Total Receipts-

908.00

White

Employees,O; Expenses,o; Insolvent costs uncollected,$0; Fees in criminal cases,O; Fees in civil cases, $19.60; Court Work,$0; Recording papers,$217.55.
Total Receipts- 237.15

Wilcox Employees,O; Expenses,o; Insolvent costs uncollected,$115.23; Fees in criminal cases,$137.12; Fees in civil cases,$61.20; Court Work, $105.12; Recording papers,$532.55. Total Receipts-

835.99

Wilkes Employees,l; Expenses,$135.00; Insolvent costs uncollected,$622.15; Fees in criminal cases,$130.60; Fees in civil cases,$135.00; Court Work, $50.30; Recording papers,$653.65. Total Receipts- 969.55

1364

JouRNAL oF THE HousE,

EXHIBIT "J" - Cont'd.

Fourth Quarter, 1934

COUNTY

TOTAL FEES

Bartow

Employees,2; Expensesi$622.95; Insolvent costs uncol ected, $982.92; Fees in criminal cases, $288.02; Fees in civil cases, $143.20; Court Work,$190.30; Recording papers,$588.40.
Total Receipts $ 1,209.92

Ben Hill Employees,l; Expenses,$180.00; Insolvent costs uncollected, $81.60; Fees in criminal cases, $167.85; Fees in civil cases, $154.91; Court Work,$57.25; Recording papers,$563.20. Total Receipts-

943.21

Camden

Employees,O;Expenses,Oiinsolvent costs uncollected, :PO; Fees in criminal cases,$63.15;Fees in civil cases,$O;Court Work,$73.70; Recording papers,$70.10.
Total Receipts-

206.95

Clarke

Employees,2; Expenses,$889.00; Insolvent costs uncollected,$269.05; Fees in criminal cases,$191.17; Fees in civil cases,$448.25; Court Work,$168.45; Recording papers, $993.05.
Total Receipts- 1,800.92

Crawford Employees,o; Expenses,$0; Insolvent costs uncollected,$0; Fees in criminal cases,O; Fees in civil cases,$123.55; Court Work, $10.13; Recording papers,$248.08. Total Receipts-

381.76

MoNDAY, FEBRUARY 25, 1935.

1365

EXHIBIT "J" - Cont'd.

Fourth Quarter, 1934 -cont'd.

COUNTY

TOTAL FEES

Dodge

Employees,2; Expenses $450.00; Insolvent costs uncoliected,O; Fees in criminal cases,$94.00; Fees in civi-l cases,$142.25;
CpaopuertrsW,$8orlkrL.$o1o0.9.00; Recording
Total Receipts- $ 1,162.25

Dougherty Employees,!; Expenses,$405.00; Insolvent costs uncollected,O; Fees in criminal cases,$443.75; Fees in civil cases,$237.75; Court Work,$72.90; Recording papers,$1,601.21. Total Receipts-

2,355.61

Effingham Employees,O; Expenses,Oi Insolvent costs uncollected,u; Fees in criminal cases,$105.15; Fees in civil cases,$66.45; Court Work,$65.35; Recording papers, $201.30. Total Receipts-

438.25

Elbert

Employees,!; Expenses,$240.00; Insolvent costs uncollected, $137.65; Fees in criminal cases, $78.00; Fees in civil cases, $10.00; Court Work,$33.95; Recording papers,$394.60.
Total Receipts-

516.55

Gilmer

Employees,O; Expe~ses,Oi Insolvent costs uncolltcted,~50.00; Fees in criminal cases,$35.00; Fees in civil cases,$90.00; Court Work,$25.00; Recording papers,$52.63.
Total Receirts

202.63

_1366

JouRNAL OF THE HousE,

EXHIBIT "J" - Cont'd.

Fourth Quarter,l934 - Cont'd.

COUNTY

TOTAL FEES

Hart Employees,l; Expenses,$91.00; Insolvent costs uncollectedFO; Fees in criminal cases $1.00; ees in civil cases,$21.00; Court Work, $114.35; Recording papers,$325.95. Total Receipts- $ 462.30

Heard

Employees,o; Expenses,$0; Insolvent costs uncollected,O; Fees in criminal cases,$107.47; Fees in civil cases,$70.50; Court Work, $80.50; Recording papers,$49.70.
Total Receipts-

308.17

Irwin

Employe solvent

es,l; Expenses,$60.00~ costs uncollected,$4

.oIon;-

Fees in criminal cases,$65.25; Fees

in civil cases,$154.40; Court Work,

$56.60; Recording papers,$430.00.

Total Receipts-

706.25

Jasper

Employees,l; Expenses,$50.00; Insolvent costs uncollected,$0; Fees in criminal cases,$0; Fees in civil cases,$0; Court Work,$263.50; Recording papersT$208.50.
otal Receipts-

472.00

Lamar

Employees,o; Expenses,$18.506oinsolvent costs uncollected,$1 .20; Fees in criminal cases,$40.45; Fees in civil cases,$40.00; Court Work, $15.00; Recording papers,$430.45.
Total Receipts-

558.20

MoNDAY, FEBRUARY 25, 1935.

1367

EXHIBIT "J" - Cont'd.

Fourth Quarter, 1934- Cont'd.

COUNTY

TOTAL FEES

Madison

Employees,!; Expenses,$180.00; Insolvent costs uncollected,$0; Fees in criminal cases,$249.80; Fees in civil cases,$44.90; Court Work,$74.95; Recording papers,$200.85.
Total Receipts- $

570.50

Marion

Employees,!; Expenses,O! Insolvent costs uncollected, 0; Fees in criminal cases,o; Fees in civil cases,$9.80; Court Work, $130.20; Recording papers, $289.45.
Total Receipts-

429.45

Monroe

Employees,!; Expenses,$225.00; Insolvent costs uncollected,$0; Fees in criminal cases,$177.35; Fees in civil cases,$155.78; Court Work, $62.85; Recording papers,$465.45.
Total Receipts- 861.43

Murray

Employees,!; Expenses,$351.42; Insolvent costs uncollected, $112.33; Fees in criminal cases, $287.75; Fees in civil cases, $121.95; Court Work,$93.30; Recording papers,$199.85.
Total Receipts-

702.85

1368

JouRNAL oF THE HousE,

EXHIBIT "J" - Cont'd.

Fourth Quarter, 1934- Cont'd.

COUNTY

TOTAL FEES

Peach

Employees,o; Expenses~Oi Insolvent costs uncollectea,u; Fees in criminal cases,O; Fees in civil cases,$127.40; Court Work,$27.35; Recording papers, $370.60.
Total Receipts- $

525.35

Pickens Employees,l; Expenses,Oi Insolvent costs uncollected,~224.85; Fees in criminal cases,$409.50; Fees in civil cases,$92.60; Court Work,O; Recording papers, $118.90. Total Receipts-

621.00

Polk Employees,l; Expenses,$588.90; Insolvent costs uncollected, $295.00; Fees in criminal cases, $343.07; Fees in civil cases, $200.65; Court Work,$198.25; Recording papers,$435.80. Total Receipts- 1,177.77

Quitman Employees,O; Expenses,o; Insolvent costs uncollected,O; Fees in criminal cases,$24.45; Fees in civil cases,$0; Court Work, $0; Recording papers,$80.70. Total l.Zeceipts-

105.15

:\loNDAY, FEBRuARY 2:i, 1935.

1369

EXHIBIT "J" - Cont'd.
Fourth Quarter,l934,- Cont'd.

COUNTY

TOTAL FEES

Rabun

Employees,l; Expenses,$60.00; Insolvent costs uncollected, $100.00; Fees in criminal cases, $188.27; Fees in civil cases $109.37; Court Work,$73.10; Recording papers,$120.05.
Total Receipts- $ -490.79

Schley

Employees,O; Expenses,Oi Insolvent costs uncollected,YO; Fees in criminal cases,$90.40; Fees in civil cases,$0; Court Work, $88.45; Recording papers,$730.00.
Total Receipts- 908.85

Stephens

Employees,l Expenses,$60.00; Insolvent costs uncollected,$483.69; Fees in criminal cases,$330.41; Fees in civil cases,$928.60; Court Work,$23.60; Recording papers, $241.45.
Total Receipts- 1,524.06

Stewart

- Employees,o; Expenses,O; Insolvent costs uncollected,O; Fees in criminal cases,$33.95; Fees in civil cases,$26.00; Court Work,$25.00; Recording papers, $282.75. Total Receipts-

367.70

1370

JouRNAL or THE HousE,

EXHIBIT "J" - Conttd. Fourth Quarter,l934 - Cont'd.

COUNTY

TOTAL FEES

Taylor

Employees,l; Expenses,$36.00; Insolvent costs uncollected,$0; Fees in criminal cases,$0; Fees in civil cases,~58.70; Court Work,$15.00; Recording papers,$217.65.
Total Receipts- $ 291.35

Tift

Employees,l!; Expenses,$350.00; Insolvent costs uncollected,O; Fees in criminal cases,$205.08; Fees in civil cases,$364.55; Court Work,$220.15; Record!~ papers, -t657. 00.
Total Receipts- 1,446.78

Troup

Employees,l; Expenses,$285.00; Insolvent costs uncollected, $180.80; Fees in criminal cases, $105.70; Fees in civil cases, $306. 25; Court ~..Jork, $118.65; Recording papers, $898.55.-
Total Receipts- 1,429.15

Upson

Employees,l; Expehsesi$195.00; Insolvent costs uncal ected, $248.16; Fees in criminal cases, $257.63; Fees in civil cases, $72.55; Court Work,$78.95; Recording papers,$689.45.
Total Receipts- 1,098.58

MoNDAY, FEBRUARY 25, 1935.

1371

EXHIBIT J11 11 - Conttd.

Fourth Quarter1 1934 - Cont'd.

COUNTY

TOTAL FEES

Warren

Employees,l; Expenses,$60.00; Insolvent costs uncollected, $490.00; Fees in criminal cases, $250.00; Fees in civil cases,O; Court Work,$25.00; Recording papers,$104.75.
Total Receipts- $

407.95

Hebster

Employees,o; Expenses,O; Insolvent costs un~ollected,O; Fees in criminal cases,$74.20; Fees in civil cases,$222.10; Court Work,$46.70; Recording papers, $140.50.
Total Receipts-

483.50

White

Employees,o; Expenses,o Insolvent costs uncollected,$317.85; Fees in cr!~inal cases,$151.75; Fees in civil cases,$6.00; Court Work,$108.40; Recording papers, $101.75.
Total Receipts-

685.09

Wilcox

Employees,o; Expenses,o Insolvent costs uncollected,$67.41; Fees in criminal cases,$157.89; Fees in civil cases,$137.40; Court Work,$91.00; Recording papers,$312.80.
Total Receipts-

699.09

1372

JouRNAL oF THE HousE,

EXHIBIT "K"

FEE REPORTS - SHERIFFS

lst-2nd-3rd-4th

Quarters - 1933

No Reports Filed.

First Quarter, 1934.

County

Total

Insolvent or No.Men
Uncol- Emlected ployed
costs

Cost Clerk
HireExp.

Fees
Criminal Cases

Fees Civil Cases

Banks

$129.10 0

00

$79.00 $11.00

Ben Hill 1271.60 $124.70 0 $419.45 126.30 17.75

Bleckely 264.75 0

0

88.50 6.80 27.00

Brantley 330.01 76.00 13 43.00 8.00 3.00

Brooks

595.39 0

l 132.00 74.55 63.00

Calhoun 464.97 27.27 0 0

60.55 3.50

candler 217.80 253.50 l 180.00 49.50 10.00

Clarke

1634.48 23.00 3 297.00 55.00 119.50

Coweta

1246.51 0

0 757.12 0

0

crawford 376.92 27.00 0 0

0

30.00

Dodge

1120.01 0

3 1380.00 127.05 12.50

Douglas

379.00 0

0

5.00 69.45 58.85

Echols

290.15 42.00 0 0

8.40 36.00

Effingham 274.30 25.00 0 0

99.05 15.00

Forsyth

259.55 0

3

53.00 109.15

Gillner

218.70 3.00 0 0

0

0

Glynn

1171.40 0

2 985.29 0

70.50

Hart

476.48 290.00 1 1058.06 24.00 79.68

Houston

910.13 0

l 225.00 22.80 39.50

Henry

1186.26 430.10 1 302.75 322.15 14.00

Jeff Davis 160.35 0

00

80.90 70.75

Lamar

143.00 150.00 1

36.00 50.00 18.00

Lanier

218.06 0

0

15.00 82.00 0

Long

586.67 58.60 2 210.00 66.00 109.00

Lowndes 2521.20 0

3 2131.85 0

30.00

l'Ionroe

342.25 0

2 379.05 12.00 18.00

I"Iurray

839.42 284.22 1 0

180.82 82.54

MoNDAY, FEBRUARY 23, 1935.

1373

County
Peach Pickens Quitman Screven Stephens Tift Troup Walton Wayne Webster White Willzes

EXHIBIT "K"- Conttd.

First Quarter,1934. Cont'd.

Insolvent or No.rfen Cost Total Uncol- Em- Clerk

Fees Fees Crim- Civil

Fees lected ployed Hire- inal Cases

costs

Exp. Cases

$457.07 )

0

$232.50 $153.27 $58. 00

424.05 $ 4.85 0

0

0

0

201.50 30.41 1

48.87 0

0

811.62 253.25 3 240.00 50.60 162.92

881.07 0

0 801.59 0

62.12

1257.36 0

2 510.00 158.90 37.88

718.60 0

0 1273.80 0

318.28

914.80 107.60 2 360.10 41.00 0

1361.20 0

l 300.00 55.75 30.00

247.55 2.15 0

0

180.00 4.20 0

0

33.65 6.00

Q

s.oo

424.17 187.60 0

0

260.50 50.17

Second Quarter, 1934.

Ben Hill 204.00 49.00 l

Bleckley 440.70 0

l

Calhoun 489.55 95.00 l

Candler 739.27 0

l

Clarl(e 1649.03 99.15 3

Coweta 1297.67 0

2

Crawford 109.05 0

0

Dodge

1487.45 547.50 2

E:chols

213.00 13.00 0

Effingham 175.40 0

0

Gilmer

264.20 0

0

Henry

837.38 21.75 1

Lamar

450.65 0

2

Lowndes 27~).50 0

3

Murray

835.58 284.22 l

Peach

611.07 0

1

Pickens 461.15 55.50 l

0_u1tman 155.84 0

0

Screven 785.60 433.00 2

Steohens 1313.28 0

l

Tift

1470.00 0

2

Wayne

1643.26 2626.95 l

144.00 175.00
0 60.00 818.06
496.25
0
1360.00
0 0
0
271.96 36.00
2027.71
0
244.00 0
0 240.00
210.00 510.00 300.00

144.00 60.00

0

0

0

0

594.20 145.07

1182.90 466.13

4.':)9.37 272.70

0

38.10

276.60 37.55

20(1.0(: 0

11.40 10.50

0

264.20

277.78 14.00

411.65 20.00

0

0

705.08 130.50

298.50 17.00

202.50 0

5.00 6.18

684.40 101.20

1210.74 92.54

147.00 82.97

481.00 36.00

1374

JouRNAL or THE HousE,

EXHIBI'r "K" - Cant 'd. Second Quarter,1934 - Contrd.

County
Webster White

Total

Insol-

vent or No.Men Cost

Uncol- Em- Clerk

1ected played Hire-

costs

Exp.

Fees Criminal
Cases

Fees Civil Cases

.$277.55 $0

0

$0

$94.00 $127.00

372.56 37.18 1

0

100.45 23.00

Third Quarter,l934.

Ben Hill 636.60 0

1

Calhoun 122.34 0

1

Candler 505.00 0

1

Clarke 11?9.00 431.87 3

Coweta 2146.23 227.62 2

Crawford 45.40 0 0

Effingham 354.85 0

0

Gilmer

169.90 0v

0

Henry

1216.03 0

1

Lamar

866.10 0

1

Lowndes 2686.15 0

3

l'1urray 908.76 305.11 1

Peach

270.10 0 1

Pickens 286.25 0

0

Quitman 115.34 0

0

Screven 487.20 542.45 2

Tift

1390.60 0

2

Wayne

1643.28 2626.95 1

Webster 149.20 0

0

White

117.81 0

0

120.00 0

27.00

0

122.24 0

180.00 0

0

797.23 926.00 203.00

1044.60 673.15 200.86

0

0

0

0

186.85 17.00

0

159.90 10.00

953.72 294.33 27.75

36.00 841.10. 25.00

2036.79 0

0

0

52.40 856.36

232.50 11.00 0

0

0

0

0

29.69 14.00

240.00 63.45 65.75

510.00 911.80 478.80

300.00 24.00 21.00

0

120.95 28.25

0

0

10.28

Fourth Quarter,l934.

Ben Hill 555.55 111.45 0

Candler 525.20 0

1

Clarke 1742.36 0

3

Crawford 221.75 0

1

Effingham 595.05 0

0

Gilmer

562.01 50.00 0

Henry 1340.92 181.38 1

I1urray 1017.85 338.25 1

144.00 191.55

180.00 23.20

965.55 1362.98

25.00 0

0 234.05

0

71.41

942.52 391.22

0

952.10

6.00 0 389.38 0 22.00 490.60 0 67.75

l\JoNDAY, FEBRUARY 2:->, 1935.

1375

County
Pickens Quitman Screven Stephens Wayne Webster White

EXHIBIT "K" - Conttd.

Fourth Quarter,l934- Cont'd.

Insol-

T0 t ~1

v~necn~t ldo r

No.Men Em-

~CIo~s~t ~

Ft~e~eys -

c~gt~ ployed Exp. Cases

Fees Civil Cases

$228.40 $0

1

$0

$228.40 $0

73.80 0

0

0

0

0

789.01 601.75 2

240.00 548.20 240.81

1464.75 672.39 1

744.14 1302.41 162.34

2525.283076.61 2

450.00 493.20 24.00

410.30 0

0

0

203.45 206.87

302.85 23.00'0

0

142.25 3.00

County

EXHIBIT L 11 11

FEE REPORTS

TAX COLLECTORS

Total Corrunissions

Amt.Insolvent or Uncollected
costs

No .Men Em-
ployed

First Quarter,l933.

Total Cost Clerk Hire

No.Reports Filed.

Second Quarter, 1933.

No Reports Filed.

Third Quarter, 1933.

No Reports Files.

Fourth Quarter, 1933.

No Reports Files.

First Quarter,l934.

Calhoun $331.21

0

0

Charlton 585.91

0

0

Clay

347.65

0

1

Coweta

554.50

0

1

Dodge

941.57

0

1

Dooly

241.10

0

0

Echols 1016.60

$6957.77

0

Effingham 268.09

0

1

Glynn

121.05

0

1

Hart

424.96

0

2

Lee

531.13

0

1

0
0 $129.51
300.00 195.00
0 0 20.00
312.60 12.25 15.00

1376

JouRNAL OF THE HousE,
EXHIBIT "L" - Conttd. First Quarter, 1934 - Conttd.

County

Amt.InsolTotal vent or Un~ Commissions collected
costs

No.Men Em-
ployed

Total
Cost Clerk Hire

Long

$129.08

0

1

I'Iontgomery 220.72

0

0

Peach

617.86

0

1

Polk

946.34

0

1

Stewart

298.24

0

0

Warren

203.61

0

1

Worth

648.25

0

1

Second Quarter, 1934.

Calhoun $ 204.81

0

0

Charlton

207.37

0

0

Clarke

623.62

0

0

Dodge

1429.91

0

1

Dooly

443.84

0

0

Effingham 204.61

0

0

Echols

76.98 $5597.89

0

Glynn

459.45

0

1

Hart

146.64

0

1

Monroe

518.90

0

0

Peach

'363.18

0

1

Polk

283.00

0

1

Warren

162.46

51.50

0

Wilkes

414.28

0

0

Worth

270.48

0

1

Third Quarter, 1934

Calhoun

81.49

0

0

Charlton

55.79

0

0

Dodge

271.01

89.00

1

Glynn

0

0

1

Hart

58.78

0

2

Lamar

209.73

0

1

0 0 $23.00 368.53 0 4.00 648.25
0 0 0 195.00 0 0 0 320.20
8.00 0
29.00 113.20 0 110.00 240.00
0 0 195.00 297.60
85.00 36.00

l\loNDAY, FEBRUARY 25, 1935.

1377

County

EXHIBIT "L" - Conttd. Third Quarter,l934. Conttd

Amt.Insol-
Total vent or Ur.Commissions collected
costs

No.Men Em-
ployed

Total Cost Clerk Hire

Peach Warren Worth

$425.57 11.08 943.03

0

1

$13.00 0

0

2

$ 23.00 0
284.00

Fourth Quarter,l934.

Calhoun Charlton Dodge Effingham
Glynn
Hart Lamar Peach Polk Warren

638.66 737.20 1676.79 1181.50 3776.74 1464.10 1161.21 1553.67 2095.75 953.00

0

0

0

0

147.50 1

0

1

0

1

0

2

0

1

0

1

0

1

44.00 1

0 0 205.00 164.00 548.60 69.50 190.00 90.00 838.30 11.00

EXHIBIT M 11 11

FEE REPORTS -TAX. COl-.i1\ISc->IONERS

lst-2nd-3rd-4th-Quarters

of 1933 - No Reports filed.

First Quarter, 1934.

Commissions

Lamar County Monroe County Wilkes County

$241.49 720.85 383.56

Second Quarter, 1934. Lamar County

407.11

1378

JouRNAL OF THE HousE,

'EXHIBIT "M" - Conttd.

Third Quarter,l934.

Commissions

Wilkes County

p

Fourth Quarter,l934.

Wilkes

EXHIBIT 11 N11

FEE REPURTS - TAX RECt;IVBRS

lst-2nd-3rd-4th-Quarters

of 1933 - No Reports filed.

First Quarter,l934.

Corrnnissions.

Charlton County Clarke County Crawford County Dodge County Hart County Glynn County Warren County

Second Quarter,l934.

Corrnniss1ons.

Crawford County Hart County Warren County

Third Quarter,l934.

Connn1ssions.

Crawford County Hart County Warren County

$394.42 1272.40
None
200.00
None 34.77 235.43 550.00 26.79
None
25.04 6.95
None 14.79 6.95

MoNDAY, FEBRUARY 25, 1935.

1379

COUNTY

EXHIBIT "N" - Conttd.

Fourth

Quarter1

1934. TOTAL

COI-1I'liSS IONS.

Charlton Crawford Hart Warren

$ 570.53 499.00 12.92 763,46

EXHIBIT "O"

FEE REPORTS - CORONERS

First Quarter, 1933.

No Reports Filed.

Second Quarter,l933.

No Reports Filed.

Third Quarter,l933.

No Reports Filed.

Fourth Quarter,l933.

No Reports Filed.

First Quarter, 1934.

COUNTY

TOTAL FEES

Glynn

$32.00

Second Quarter,l934.

No Reports ~'!led.

Third Quarter, 1934.

No Reports Filed.

1380

JouRNAL oF THE HousE,

EXHIBIT "O" - Conttd. Fourth Quarter, 1934. No Reports Filed.

EXHIBIT "P"

FE:J.;; REPORTS - COUNTY SURVEYORS

First Quarter,l934.

COUi'-JTY

TOTAL FEES

White

$ 50.00

Second Quarter,l934.

White

45.00

Third Quarter, 1934.

No Reports Filed.

Fourth Quarter,l934.

No Reports Filed.

At the request of Mr. Lindsay of DeKalb, House Bill No.247 was placed on the calendar for the purpose of considering the overriding of the Governor's veto thereon.

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

By Messrs. Groves of Lincoln, Grayson of Chatham,

and others.

House Bill No.l44. A bill to be entitled an Act

to declare that the business of manufacturing,blend-

ing,distributing at wholesale of vinous,spirituous,

and alcoholic liquors for beverage purposes is a

privilege under the laws of this State; to provide

for a license and excise taxes upon such business;

and for other purposes.



MoNDAY, FEBRUARY 25, 1935.

1381

The following substitute to House Bill No.l44 was read: By Messrs. Parker and Shirah of Colquitt,and Bargeron of Burke,
Substitute for House Bill No.l44. A BILL
To be entitled an Act to be known as "The Alcoholic Beverage Control Act", to declare that the State Revenue Commission shall administer and enforce said Act; to declare their powers and duties; to provide how the State Revenue Commission shall make rules and regulations for the enforcement of said Act; to define their civil liability; to provide for reports to the Governor and General Assembly; to repeal prior acts and Code sections in the Code of 1933 relating to alcoholic liquors and beverages; to define certain words and phrases; to provide who shall manufacture and sell at wholesale or retail alcoholic beverages; to provide in what municipalities and counties retail distributors may operate; to authorize the issuance of permits to manufacturers and distributors of alcoholic beverages; to declare in what counties,villages,towns,and cities permits may be granted; to prescribe the license fee to be paid by manufacturers,wholesale and retail distributors; to declare where said business may be carried on; to prescribe under what rules permits or licenses may be granted; to prescribe a tax of 107b on the gross sales of a retail distributor; to prescribe how returns and taxes shall be paid and to provide a penalty for failure to make a return or pay the tax; to provide for the giving of bond by retail distributors; and to fix the liability of the principal and surety in such bond; to provide how the Commission shall compute the tax when no return is filed; to provide for refund of overpayments of taxes; to provide for a hearing.on question of tax payments and for appeal after such hearing; to provide how judgments for such taxes shall issue and refunds of taxes be made; to fix a penalty for failure to make returns;to provide how records shall be kept and inspected or retail distributors; to

1382

JouRNAL or THE HousE,

provide for the keeping and inspection of records of manufacturers or wholesale distributors; to fix a penalty for operating a business without obtaining a permit or paying the license fee; to authorize the cancellation of permits or license fees; to provide that municipalities and counties shall make regulations regulating such businesses; to prevent the Commission from issuing permits or licenses in counties voting Local Option; to provide a method for Counties voting Local Option after the State shall have voted for ratification of this Act; to provide how the results of such election shall be . determined; to provide for subsequent elections for Local Option in the counties; to provide against ~xemption from paying permit or license fees; to provide in what manner alcoholic beverages shall be soldand consumed; to provide what persons shall use the permits or licenses granted; to provide the amount of alcoholic beverages that may be sold in one day to one person; to provide that hotels,restaurants;railroad companies and boat owners shall obtain licenses as retail distributors and to provide how alcoholic beverages shall be served by such; to provide when retail distributors shall close their places of business; to provide what persons shall obtain grain alcohol and in what manner; to fix a punishment for having alcoholic beverages or intoxicating liquors at certain places; to provide a punishment for persons appearing intoxicated at certain places; to provide punishment for furnishing alcoholic beverages to certain persons; to prevent the giving or furnishing of alcoholic . liquors at election precincts; to prevent furnishing such liquors to minors and others; to provide a punishment for unlawful manufacture of alcoholic beverages or liquors and to declare articles used in ~uch unlawful manufacture contraband; to provide for the holding of a special election to ratify or reject this Act; to provide that this Act shall not be declared illegal or unconstitutional though son~ parts thereof may be; to prohibit advertising for the purpose of increasing the sale of alcoholic beverages; to define how a manufacturer,wholesale or retail distributor may advertise his place of

MoNDAY, FEBRUARY 25, 1935.

1383

business; to fix a penalty for violation of this Act and for other purposes.
Be it enacted by the General AssemblY of Georgia, and it is hereby enacted by the author! ty of the same, that,
Section 1. Title: This Act may be cited as "The Alcoholic Beverage Control Act".
Section 2. Be it further enacted by the authority aforesaid that the State Revenue Commission of this State as created by Act approved August 28th,l931, be and it is hereby constituted the body which shall have charge of the administration of this Act, and the duties herein created shall be in addition to the duties they now perform as members of the State Revenue Comm1ss1on,or as head of any other department of this State.
The State Revenue Commission shall in administering this Act create a separate bureau or division of the State Revenue Commission wherein all the features of this Act shall be separately administered,and a separate account of all income and of all disbursements shall be kept.
The bond or bonds given as members of the State Revenue C.ommission shall not be increased in amount by reason of the administration of this Act,but the s&~e liability shall attach under this Act as now exists by reason of the administration of their other duties.
The State Revenue Commission shall not directly, nor indirectly,individually,or as a member of a partnership or association,nor as a member or stockholder of a corporation,be interested in any manner in the manuf~cture or dealing in alcoholic beverages,nor in any enterprise or industry which requires s~ch beverages,nor shall they receive any profit, directly or indirectly from the purchase,sale or manufacture of intoxicating beverages,nor own any interest in any real estate,by lease or otherwise,

1384

JouRNAL oF THE HousE,

nor in any other property,used in the sale,purchase or manufacture of such alcoholic beverages. The same provisions that apply to members of the State Revenue Commission shall apply to each and every subordinate employee thereof,and if such restriction is violated,any such subordinate shall be immediately discharged,and any member of the State Revenue Commission violating any of these restrictions shall be ineligible to hold office under this Act.
Section 3. Duties: The duties and functions of the State Revenue Commission while administering this Act shall be as follows:
(a) To control the manufacture,possession,the sale at wholesale and/or retail,the transportation and delivery of alcoholic beverages as hereafter defined.
(b) To determine the localities within which alcoholic beverages may be manufactured,stored,and/or sold at retail or wholesale.
(c) To grant all necessary licenses and permits to any person or persons, tirm,corporation,county or municipality under the terms of this Act.
(d) To make such rules and regulations not inconsistent with this Act tor the purpose of administering the same,with the right to amend,repeal or alter such rules and regulations or any of them. Such rules and regulations shall be published at least in one issue of a daily paper published in the City of Atlanta and having a general circulation,and such rules and regulations upon being thus published shall take effect thirty days after the date ot such publication,and a copy thereof shall be sent to every holder of a retail distributorts license or any other license provided for herein. Provided that nothing in this Act shall require such rules and regulations to be ot uniform operation throughout this State.
Section 4. That the civil liability of the State Revenue Commission while administering this Act,

MoNDAY, FEBRUARY 25, 1935.

1385

shall be as is now fixed by law. Section 5. That the State Revenue Commission shall
on the First day of January of each and every year after this Act goe,s into effect, prepare a detailed report of the operations of this bureau or division of the State Revenue Commission,which shall be submitted to the Governor of this State, and also to each member of the General Assembly of Georgia upon the convening thereof in regular session. Provided that if said General Assembly of Georgia shall convene bi-ennially, that a report of the separate years shall be submitted without being combined,and may be the same report as is submitted annually to the Governor.
Section 6. Be it further enacted that Title 58 (Intoxicating liquors) of the Code of Georgia of 1933, and Chapter 58-1 in reference to the sale,keeping,bartering and furnishing of liquors and beverages,and Chapter 58-2 in reference to the manufacture or transportation of specified liquors and beverages, and Chapter 58-3 with refe~ence to advertising and soliciting orders for specified liquors and beverages, and Chapter 58-4 in reference to the transportation and receiving and dispensing of alcohol,and Cl1apter 58-5 in reference to the manufacture,sale, and transportation of ethyl alcohol and Chapter 58-6 (Miscellaneous Provisions) in reference to the sale of liquors within three miles of churches,carrying liquors to Sunday School, and places of Divine worship,being intoxicated at places of divine worship, sale near State Hospitals, drunkenness in public places,or streets,~elling or furnishing liquors on election days, and to habitual drunkards and to minors, all being under Title 58, are hereby repealed.
Section 7. Definition of words and phrases: (a) The words "alcoholic Beverage" mean any liquid intended for and capable of human consumption as a beverage and containing one half of one percent or more of alcohol by volume.

1386

JouRNAL OF THE HouSE.,

(b) The words "distilled spirits 11 mean any alco-

holic beverage containing alcohol obtained by distil-

lation mixed with water or other substance in solu-

tion,and includes brandy,rum,whiskey,gin,cordials,

or other spirituous liquors by whatever name desig-

nated.



(c) The word "beer" means any alcoholic beverage of any name or description manufactured by the process of fermentation from malt,wholly or in part,or from any substitute therefor.

(d) The word "wine" means alcoholic beverage of any name or description produced by the fermentation of the juices of fruits,flowers,herbs or vegetables,other than cider made from apples,and containing not more than twenty four per cent of alcohol by volume.

(e) The word "alcohol" means the product of distillation of any fermented liquid,whether rectified or diluted,whatever may be the origin thereof.

(f) The word "person" shall mean and include an individual,partnership,corporation or association, and may be used interchangeably with these terms.

(g) The words "original package" or "original container" mean any bottle,flask,jug,can,cask,barrel, keg,hogshead or other receptacle or container used by a manufacturer to contain and to convey alcoholic beverages.

(h) The term "manufacturer" as used in this Act shall mean any person,firm,corporation,or association engaged in manufacturing,distilling or rectify1ng,or blending any alcoholic beverage,wine,alcohol,beer,or distilled spirits as defined in this Act.

(i) The term "wholesale distributor" as used in this Act shall mean any person,firm,ccrporation,or association engaged in selling or-distributing to retail distributors only for re-sale,any alcoholic

MoNDAY, FEBRUARY 25, 1935.

1387

beverage,wine,beer,alcohol,or distilled spirits as defined in this Act.
(j) The term "retail distributor" as used in this Act shall mean any person,firm,corporation,association or municipality,engaged in selling any alcoholic beverage, wine,beer,or distilled spirits as herein defined,at retail to the consumer.
Section 8. Par.(l) No person,firm,corporation, association,munic1pality or county shall within the State of Georgia manufacture for sale,keep for sale, or sell any alcoholic beverage,wine,beer,or distilled spirits, without having first obtained a license as provided in this Act,provided however,that nothing herein contained shall prevent the sale of cider, not to be drunk on the premises where sold,by farmers1if such cider is produced from apples raised by sucn farmers,and provided further that solicitors from within or without the State may take orders for delivery as provided in paragraph (2) following,
(2) No alcoholic beverages intended for sale shall be imported,shipped or brought into this State for delivery to any person other than the holder of a wholesalers license.
(3) No wholesale distributor shall sell alcoholic beverages to any person for delivery within the State of Georgia except the holder of a wholesale or retail distributors license.
(4) No retail distributor shall purchase alcoholic beverages from any person except the holder of a manufacturers,wholesale distributor or retail distributors license.
(5) No manufacturer of any alcoholic beverages shall sell or distribute the same within this State to any person.f1rm,corporation,assoc1ation or municipality, except a regular licensed retail or wholesale distributor.

1388

JouRNAL oF THE HousE,

(6) That any incorporated municipality in this State or County shall be eligible for a license as a "Retail Distributor11 as provided by this Act,and shall be authorized to establish such retail store or stores as the governing body of such municipality or county shall determine,and where a license as a "Retail Distributor" is granted to such municipality or County,for such store or stores as such municipality or County may conduct,that no license shall be granted to any "Retail Distributor" to operate any such store within the limits of such municipality or County while the license or licenses to such municipality or County is in force and effect,except as hereinafter provided. Provided that any such municipality or County obtaining a license or licenses as provided by this Act shall pa~ the same State tax and license fee as any other 'Retail Distributor" but shall not be liable for any.tax imposed by any municipal or County government other than the State of Georgia.
Section 9. That every person,firm,corporation or association desiring to engage in the business or manufacturing or selling any of the alcoholic beverages,wines,beer,or distilled spirits as set out in this Act,shall before so doing obtain a permit from the State Revenue Comrnission,and pay the license fees hereinafter prescribed. The said Commission is authorized to issue permits to (1) Manufacturers, (2) Wholesale distributors and (3) Retail distributors,but shall issue no other form or permit. The application for such permit shall be in such form as may be prescribed by the State Revenue Commission, and shall before issuance,be accompanied by a certificate of the proper officer of the county or municipality in which such business is proposed to be carried on,showing payment of the license fees required by such county or municipality as hereinafter provided for. However,it is especially provided, That no license shall be issued to any manufacturer, wholesale distributor or retail distributor or to any municipality or County in this State,unless the County in which such manutacturer,wholesale or retail distributor or municipality,or County shall

MoNDAY, FEBRUARY 25, 1935.

1389

have voted for Local option as provided in Section 22 o! this Act, even though the State as a whole shall have voted for repeal.
Section 10. That if such business is proposed to be carried on within the corporate limits of a municipality or county the applicant for license shall pay to the proper authority or the municipality or county,unless the municipality or county shall engage in the business,when no license shall be required, the municipal or county license fee fixed by the governing authorities of the municipality or county,which shall not exceed One thousand dollars ($1,000.00) for manufacturers, Five hundred dollars ($500.00) for wholesale distributors, Two hundred and fifty dollars {$250.00) for retail distributors, which license fee shall apply for each place of manufacture, or wholesale or retail distributor.

Provided that no license fee shall be exacted by any county of this State from any manufacturer, wholesale or retail distributor whose place of business is located wholly within an incorporated village, town or city within this State,but the license fee paid to the municipality or county and to the State shall be the only license fee required in such cases, but this exception shall not prevent any county from collecting any ad valorem or other tax imposed by law.
Provided further that no municipality or county shall within this State withhold the granting of the license required by this Act by reason of demanding a higher license fee than is herein provided.
Section 11. That upon the filing of such application with the certificate from the proper authority of the municipality or county as herein required, showing payment of the license fee, and upon the payment of the further sum of One Hundred dollars ($100.00) as a special State permit fee, the StateRevenue Commission shall issue a license authorizing

1390

JouRNAL OF THE HousE,

the business to be carried on as therein named. Provided, such business shall only be carried on in those counties authorized in this Act.
That each State permit issued in accordance with the provisions herein contained shall expire on December 31st at midnight or the year in Which the same was issued,and the holder or such permit shall not continue in such business beyond the expiration date or the permit without renewing the same and paying a new license or permit fee of $100.00 for each year. Provided that where such permit shall be applied for after the beginning or the year, that the permit fee or $100.00 shall be prorated on a monthly basis,counting each month as a fraction or the whole. A municipality or county applying for a "Retail Distributors License11 , and every other like applicant shall pay this permit fee for each place of business operated.
Section 12. That 1n addition to the permit or license tees provided,for,and in addition to all other taxes imposed by law, every retail distributor or alcoholic beverages,wines,beers,or distilled spirits, that may hold such license,shall pay to the State for the privilege of carrying on said business a tax of ten percent (10%) or the gross receipts from such business as herein defined. Such tax shall be paid without assessment by any officer or the State, and shall be calculated upon the entire amount or the gross receipts from all sales or the beverages herein deflned,includlng all cash,credits,or property or any kind received by any retail distributor in exchange for any or the alcoholic beverages,wines, liquors,beers, or distilled spirits herein named, which may occur in the course or the business transacted within this State.
Section 13. That every such retail distributor, including a municipality,or county shall make returns on oath to the State Revenue Commission on forms by them prescribed,showing the entire amount or the gross receipts tor each calendar month,whlch returns shall be filed not later than the 15th.of the follow-

MoNDAY, FEBRUARY 25, 1935.

1391

ing month. The taxpayer shall pay to the Commission
without any deduction whatever the full 10% of the
tax due on the amount of the gross sales, as shown by such return, and the Commission shall reject any return not accompanied by the full amow1t of the tax, and shall have the right to immediately cancel the license of such retail distributor. The Commission may for good cause shown extend the time for making such return not exceeding thirty (30) days, and any such extension shall operate to extend the tax herein imposed. The return shall show the gross receipts of the taxpayer from the sale of the beverages herein defined for the month in which made, or any part thereof,with the name and address of each person interested as an owner in the busin~ss for which the return is made. It any taxpayer shall tail to make the return required within 15 days after the expiration of any month, the State Revenue Commission shall enter the return from the best information available and shall add thereto as part of the tax five percent (5%) of the amount of the gross receipts as shown by the return as made by the Commission. The ta~~ayer shall be notified by mail within ten days of the entering of such return, the amount of the tax shall become fixed and collectible after the expiration of five days after such notice is mailed,and shall be prima facie correct unless changed and corrected by order of the Commission.
Section 14. That every such retail distributor except a municipality or County shall enter into a good and solvent surety bond payable to the Commission in an amount not to exceed Five thousand dollars ($5,000.00) conditioned for compliance with all the provisions of this Act,filing of returns and payment of the taxes imposed. In default of any provisions of thfs Act.the Commission shall be authorized to proceed against the principal and surety in said bond, or either of them, and shall have the same rights as against the surety as against the principal.

1392

JouRNAL OF THE HousE,

Section 15. The Commission shall have the right, as soon as any return is received to examine the same,compute the tax,and to promote any inquiry to determine whether said tax is correct or not, and !or that purpose shall have access to any records o! the taxpayer. The Commission shall have the right to correct the amount o! any tax and to refund any overpayment made by the taxpayer. If the amount paid by the taxpayer is less than is shown to be due by the return,the Commission shall have the right to add a penalty o! ten percent (10%) of the amount o! such deficiency for a failure to make a correct return,which shall become a part of the tax and be collected as such. In case the taxpayer is due any other tax,any overpayment may be credited on the amount due,and the excess returned. The Commission shall have the right at any time after three years of the accrual o! the tax to hear and determine any question of overpayment,or o! a lack o! payment, and to require payment of such tax as due or to make a refund for any overpayment,and such hearing may be had upon order of the Commission served on the taxpayer thirty days before the date of the hearing, or upon written motion of the taxpayer served on the Commission, and the Commission after service o! such notice shall within thirty days fix a date for the hearing requested by the taxpayer.
After such hearing as may be had under this Section, the Commission may re-determine the amount of the tax,and give the taxpayer written notice thereof by mail. Upon a failure to object after five days o! the mailing of such notice,the tax shall be considered adjusted, but if the taxpayer shall feel aggrieved at any decision of the Commission,he shall have the right o! appeal to the Superior Court in the same manner as appeals are now made from the Court of Ordinary. Provided that unless objection is made the judge shall hear such appeal without a jury. The decision of the Superior Court shall be subject to appeal as other cases. On final determination the Court shall enter judgment for the amount ot the tax due by the taxpayer with any penalties that may have attached,or !or the amount o! any re-

MoNDAY, FEBRUARY 25, 1935.

1393

fund found to be due, and in case of a judgment against the taxpayer it shall be paid as other judgmentsr and if against the Commission, shall be paid out or the revenue from the sources herein named. Provided that such refund shall be approved first by the State Auditor.
Section 16. The tax herein required shall become due and payable on the 15th day of each month succeeding that in which the sales reported were made, and upon the failure of the taxpayer to pay the tax when making the return,an additional tax of ten percent (10%) on the amount of the tax shown to be due on the return,shall be added thereto in lieu of any other penalty provided by law,provided that the Commission shall have the right to revoke or cancel any license for a failure to pay said tax.
Section 17. That every retail distributor as herein defined shall keep and preserve a proper record of gross receipts and gross purchases) with such other records as the Commission may prescribe,wh1ch records shall be kept for a period of three years before being destroyed,and shall be at all times open to inspection by the Commission or any authorized agent or employee thereof. For the purpose of computing the tax herein the Commission may use such records of a retail d1stributor,and shall have the right to have access to the records of any wholesale distributor or manufacturer as herein defined,for the purpose of assessing and collecting the tax from a retail distributor,and such wholesale distributor or manufacturer shall keep all records of sales made to retail distributors for a period of tt~ee years from the date of such sale or sales.
Section 18. The State Revenue Commission shall employ such clerical help,agents,inspectors and other employees as may be necessary for the proper enforcement of this Act and fix their reasonable compensation therefor.
Section 19. That any person engaged in manufacturing,selling at wholesale or retail without first ob-

1394

JouRNAL oF THE HousE,

taining the permit !rom the State Revenue Commission as herein provided,or without first paying the license tee or tax assessed by a county or municipality as herein required,shall be guilty o! a misdemeanor,and each and every employee or agent o! such person,!lrm or corporation who shall engage ln such business or perform any duty required by such business, without the payment o! said permit,llcense tee or tax,shall be likewise guilty o! a misdemeanor and punishable by the Courts ot this State.
Any person,!irm or corporation,and each and every employee,or agent thereof who shall continue in such business without making the reports to the State Revenue Commission as herein required shall be guilty ot a misdemeanor. The State Revenue Commission shall have the right to revoke or cancel any license or permit issued upon proof ot the violations by any manufacturer, wholesale or retail distributor o! any o! the provisions of this Act.
Section 20. Nothing in this Act shall be construed to prevent any municipality or county !rom adopting all reasonable rules and regulations as may tall within the police powers of such municipalities or Counties to regulate any business provided tor in this Act.provided that such power shall not extend to charging a greater license tee than is named herein.
Section 21. No permit shall be issued by the State Revenue Commission !or the manufacture or sale at wholesale or retail,o! any o! the alcoholic beverages,~,beers,liquors or other intoxicants named in this Act in any County in this State or to any incorporated or unincorporated village,town or city in such county,where the county has voted against the issuance o! such permits which is hereafter referred to as "Local Option".
Sectlon 22. In the event this Act should go into effect as provided in section 36 ot the same, the ratification o! such Act shall not prevent any county in this State !or voting for or against the issuance

MoNDAY, FEHRUARY 25, 1935.

1395

of permits in such county for the manufacture or wholesale or retail distribution of the alcoholic beverages,wines,liquors,beers,and distilled spirits named in this Act,which election shall determine whether such county or counties shall have "Local Option" or not.
In the event this Act shall not be ratified then no such county or counties shall have the right to call any other election. If this Act is ratified and such county shall desire to call a separate election,it may do so upon written petition signed by one tenth of the voters of any county qualified to vote for members of the General Assembly,which petition shall be presented to the Ordinary,who shall call an election within 40 days from the date of the filing of such petition in his office to determine whether or not permits may be issued by the State Revenue Commission as herein provided for the purpose of manufacturing, and/or selling at wholesale or retail the alcoholic liquors and beverages named in this Act. Such election shall be held accDrding to the rules and regulations governing elections for members of the General Assembly, but shall not be held at the time of holding any other election or Primary, State or County.
In determining whether a sufficient number of voters have signed such petition ~he Ordinary shall be governed by the voters list used at the last General Election.
The returns of every election held hereunder shall be made to the Ordinary who shall ascertain and declare the results within three days after the receipt of the returns.
Notice of the election shall be given by publication in the official gazette of the county once a week for four weeks preceding the election. All persons voting at such election in favor of licensing the manufacture or sale of alcoholic beverages shall have written or printed on their ballots the words "For the issuance of permits by the State Revenue

1396

JouRNAL oF THE HousE,

Comrrdssion Licensing Alcoholic Beverages". Those desiring to vote against the licensing of the manufacture or sale of alcoholic beverages shall have written or printed on their ballots the words "Against the issuance of permits by the State Revenue Cormnission Licensing Alcoholic Beverages". Upon determining the result of such election the Ordinary shall publish a notice in the official gazette once a week for four weeks,and the cost of publication of such notices shall be borne by the county wherein such election is held.
If at such election a majority of the qualified voters shall vote in favor of the licensed manufacture an~ sale of such alcoholic beverages in such county or counties,as herein provided, This Act shall become effective in such county or counties after the expiration of 15 days from the date of such election and the declaration of the result,and it shall be legal for the State Revenue Commission to grant permits according to the terms of this Act. If a majority of the qualified voters voting in such election shall vote against the granting of permits for the manufacture and/or sale of such alcoholic beverages,the manufacture and sale of such alcoholic beverage in any county or counties of this State shall be illegal,and no license therefore shall be granted. No subsequent election shall be held in any county of this State within two years after the date of the order of the Ordinary declaring the result of the first election as provided in this Section, nor shall any subsequent election be held except upon a petition signed by twenty five percent (25%) of the qualified voters of said county,to be determined by the Ordinary from the voters list used at the last election for members of the General Assembly.
Section 23. There shall beno exemption from the permit fees,license fees or tax as provided by this Act in favor of any person whatsoever,except that any municipality or County as provided herein shall have the right to become retail distributors,and be relieved from any municipal tax required,but shall

MoNDAY, FEBRUARY 25, 1935.

1397

not be relieved from any State tax here imposed.

Section 24. Be lt further enacted that the license

herein granted known as a "Retail Distributors Li-

cense" shall entitle the holder thereof to sell at

retail in the original,uncut packages only,in the

manner provided in this Act,any of the alcoholic

be or

verages distill

he ed

r

ein spir

named,includi its,provided

ng th

w at

ines, none

bee of

r

tsh1

li e

quo liq

rs -

uors,or alcoholic beverages so sold shall be con-

sumed on the premises. It shall be a misdemeanor

for any person to consume on the premises where pur-

chased, except as otherwise excepted in this Act,

any of the alcoholic wines,beers,liquors or bever-

ages.No original package shall be refilled except

by the holder of a manufacturers license.

Section 25. No license granted under the provisions of this Act shall be used by any other person than the original licensee unless by permit of the State Revenue Commission,and not more than one license or permit shall be granted to any one person, firm or corporation in the same county,except to a municipality or county operating its own retail distributing stores. All licenses and permits issued under this Act shall be at all times displayed in a public place in the store,manufactory or other place of business for which it is issued.

Section 26. That no Retail distributor shall knowingly sell to any one person on one day more than one quart of distilled spirits, nor more than twenty four twelve ounce bottles of any malt liquor, nor more than two quarts of any vinous liquor, and it shall be a misdemeanor for any person to knowingly sell a larger quantity to any one person in a single day. None of the liquors so sold shall be consumed on the premises,except as herein provided in cases of restaurants, hotels, trains and boats.

Section 27. That it shall be lawful for any bona fide hotel, restaurant,persons,firms or corporations operating boats,or for any railroad company to apply for "A Retail Distributors" license,and if such

1398

JouRNAL OF THE HousE,

application is granted,such hotel,restaurant,railroad company or person,firm or corporation operating any boat or boats, shall be allowed to serve any wine or beer with any meal or meals served in the regular dining room of such restaurant,hotel,train or boat,in other than the uncut and original package, but such exception shall not authorize the serving of any mixed intoxicating drink or beverage.
The exception mentioned in this section shall not apply to allow the sale or serving of any alcoholic beverages within the limits of any county in this State voting against the issuance of permits for the same,and shall not authorize the establishment of any social clubs for the purpose of obtaining such intoxicating liquors or alcoholic beverages.
The hotel,restaurant,railroad company or person owning any boat shall in addition to the payment of the license tax and permit fee, pay the same sum on the gross sales as any other Retail distributor.
Section 28. No wholesale or retail distributor shall operate any place of business as authorized in this Act,before seven o'cloc~A.M. nor shall it remain open after nine orclock,P.M.
Section 29. Nothing in this Act shall be construed to prevent registered,licensed pharmacists or manufacturers of medicines,drugs,or those using grain alcohol for industrial or mechanical purposes from receiving such grain alcohol for their legitimate use in those counties allowing permits to be issued, and in those counties which have voted against allowing permits to be issued,the pharmacists,chemists, manufacturers or others who may obtain grain alcohol under existing laws,shall be entitled to obtain the same by applying to the Ordinary in such county refusing permits and obtaining a permit therefrom, a copy of such permit to be retained by the ordinary, one by the purchaser and one sent to the distributor or manufacturer. A fee of $1.00 shall be paid by the applicant to the Ordinary for such permit.

l\loNDAY, FEBRUARY 25, 1935.

1399

Section 30. Any persons Who shall have, possess

and control any alcoholic,spirituous,vinous and malt

liquors or beverages at any church or other place

where people are assembled for divine worship or at

any place where people are assembled for Sunday

School,Sunday School celebration or day school cele-

bration, or upon any common carrier,shall be guilty

of a misdemeanor.



Section 31. Any person who shall be or appear at any church or place of divine worship,either intoxicated or in any manner under the influence of intoxicating liquors,where people are assembled for the purpose of engaging in religious service and until they have dispersed therefrom shall be guilty of a misdemeanor.

Section 32. Any person who shall be and appear in any intoxicated condition or under the influence of intoxicating liquors so as to be noticeable on any public highway, or within the curtilage of any private residence not in the exclusive possession of the person or persons so intoxicated,or upon any boat,railway.passenger train,bus or other common carrier,shall be guilty of a misdemeanor.

Section 33. Any person who shall have,give or furnish alcoholic,spirituous,vinous or malt liquors or beverages within one mile of any election precinct on any day of any primary or general election or have the same in or around the election precinct on the day of any state,county,municipal or primary election,shall be guilty of a misdemeanor.

Section 34. Any person who by himself or another shall furnish or cause to be furnished or permit any person in his employ to furnish any alcoholic,spirituo~vinous,or malt liquors or beverages to any minor,or to any habitual drunkard whose intemperate habits are known to such person or about which he has been notified in writing by husband,wife,~ather, mother,brother,or sister of such habitual drunkard, shall be guilty of a misdemeanor.

1400

JouRNAL OF THE HousE,

Section 35. It shall be unlawful for any person, firm,or corporation to distill,manufacture or make any alcoholic,spirituous,vinous,malted or mixed liquors or beverages any part of which is alcoholic. otherwise than as permitted in this Act,and anyone so doing shall be guilty of a felony and upon conviction thereof shall be punished by confinement and labor in the penitentiary for not less than one year and not more than five years and any offense committed under this section shali not be reducible to a misdemeanor.

Any apparatus or article so used in the distillation or manufacture of any liquors or beverages named in this section is hereby declared contraband and shall be destroyed by the officer or oftlcers seizing the same.

Section 36. It shall not be legal to hold any election in the several counties or this State as provided in Sect1on 24 of this Act until a special election has been held as provided in this Section.

A special election is hereby called to be held in

every county or this State on Wednesday May 15th

1935 under the same rules and regulations as appiy

to elections for members of the General Assembly.

The voters list used in such election shall be that

used in the last General Election. At such special

election there shall be submitted to the registered

and qualified voters of this State,qualified to vote

at the last General Elec jection or this Act. The

tiboanl1othtes

ratification or reshall have written

or printed thereon the words For Repeal" and the

words 8 Against Repeal". Those desiring te vote in

favor or the ratification or this Act shall strike

out the words "Against Repeal and those desiring

to vote against the ratification or this Act shall

strike out the words "For Repeal". The returns of

said election shall be certified to the Secretary

of State within three days after said elect1on.and

the Secretary of State shall immediately certify the

number or votes "For Repeal" and the number or votes

"Against Repeal to the Governor. If a majority or

MoNDAY, FEBRUARY 25, 1935.

1401

those voting at said election vote "For Repeal" the

State voting as a lamation declare

wthhiosleA1tchte

Governor shall ratified by the

by procpeople

of the State of Georgia,and when so ratified,not-

withstanding the result for the entire State shall

be "For Repeal",it shall be then permissible for the

several counties of the State to hold the elections

provided for in Section 24 of this Act. If the State

shall vote "Against Repeal", the Governor shall de-

clare this Act not ratified and no further or other

election shall be necessary in the several counties

of this State.

Section 37. That it shall be a misdemeanor for any person, member of a firm, employee of a corporation, or other person as hereip defined to violate the provisions of this Act not specifically provided for, and this section shall not be in conflict with any section of said Act providing punishment as for a felony of the particular offense specified in any such section.

Section 38. It shall be illegai and punishable as for a misdemeanor for any manufacturer,wholesale or retail distributor,or for any employee thereof to solicit the sale of any of the alcoholic beverages named in this Act by advertising in the public prints, magazines,handbills, bill boards,or by any form of advertising whatsoever whereby the sale of alcoholic beverages is sought to be increased.

It shall be illegal and punishable as for a misde~ meanor for any person, firm,corporation or association to use or allow to be used any newspaper,magazine,public print,handbillibill board,for the purpose of advertising the sa e of any of the alcoholic beverages named in this Act.

It shall be illegal for any person,firm,corporation, association,or for any employee of any such firm, corporation or association,to set up,print,display, post or distribute any advertising whatsoever that would tend to increase the sale of any alcoholic beverage,and anyone so doing shall be punished for a

1402

JouRNAL OF THE HousE,

misdemeanor,provided that any manufacturer,wholesale or retail distributor shall be allowed to advertise by a plain sign displayed on the premises, of the nature of the business so conducted.

Section 39. Be it further enacted that should any section or paragraph of this Act be declared illegal or unconstitutional that no other section or paragraph shall be affected thereby,but the remaining provisions of this Act shall have full force and effect.

Section 40. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are repealed.

Mr. Harris of Richmond moved that the House do now recess until 2:15 otclock,this afternoon, and the motion prevailed.

The Speaker announced the House adjourned until 2:15 o'clock this afternoon.

2:15 o- ~~lock, P.M.

The Speaker called the House to order.

Further consideration of House Bill No.l44 was resumed.

Mr. Thompson of Muscogee moved the previous question on the bill,together with all substitutes and amendments,and the motion prevailed.

The following Minority Report was submitted:

Mr. Speaker: We, the undersigned members of the Temperance
Committee file this Minority report to House Bill No.l44,and all substitutes thereto,includlng Nos. 1-2 and 3, and all others and recommend that they

do not pass.

Stephens of Laurens Ross of Dodge Garrett of Carroll Mallory of Twiggs

MoNDAY, FEBRUARY 25, 1935.

1403

The main question was ordered.

The following Committee amendments to the Committee Substitute (originally Townsend-Griffin Substitute) were read and adopted:

Committee amends Substitute !or House Bill No.l44 known as the Griffin-Townsend Substitute,by striking Section 12 thereof in its entirety and substituting in lieu thereof a new Section 12 to read as follows:

Be it further enacted that the net profits under

this Act be and they are hereby declared to be

the the

taxes on the alcoholic caption hereof as auth

obriezveedrabgyesAdretsicclreibesd,

in

Section 3,Paragraph 1 of the Constitution of

Georgia,and the revenues raised by said taxes are

hereby appropriated to the common scnool fund or

this State,and shall be distributed in the same

manner as other common school funds of Georgia

are distributed upon requisition of the State

Superintendent or Schools o! Georgia.

Committee amends Substitute for House Bill No.l44 known as the Griffin-Townsend Substitute,by adding to the end of Section 18 the following:

Provided that all revenues raised by the sale of such licenses are hereby declared to be the.taxes on the alcoholic beverages described in the caption hereof as authorized by Article S,Section 3,Paragraph 1 of the Constitution of Georgia,and the rev-
enues raised qy the sale of such licenses are here-
by appropriated to the common school fund or this State and shall be distributed in the same manner as other common school funds o! Georgia are distributed, uponrequisition of the State Superintendent of Schools of Georgia.

Committee moves to amend the Griffin-Townsend Substitute to House Bill No. 144 by adding at the end of Section 5 the following:

1404

JouRNAL OF THE HousE,

"Said Board is hereby declared to be a legal entity and shall have the power to sue as well as be sued:
Committee moves to amend Griffin-Townsend Substitute to House Bill No.144 by inserting between the words "County" and "to" near the end of line 7 of section 5 the following "and in any County of this State in which said Board operates a store,the manager or person in charge of such store hereby being made agent upon known service of process may be had."
Committee moves to amend Griffin-Townsend Substitute to House Bill No. 144 by adding at the end of line 48,Section 3 the following:
"When such disorderly conduct amounts to the violation of any of the penal statutes of this state and/or the violation of any city ordinance when committed within the limits of a city or town~
The amendment offered by Mr. McGraw of Meriwether to the Committee substitute was lost.
The amendment offered by Mr. Cobb of Clarke to the Committee substitute was lost.
The amendment offered by Mr. Watson of Paulding and others to the Committee substitute was lost.
The following amendment was read: Committee amends Committee substitute to House Bill No. 144 as follows: By st-iking Sections 27 and 28 and substituting in lieu thereof the following Sections1 to wit: Section 27. A special election shall be held on the 15th day of ~pril,l935,under the same laws,rules and regulations as at regular elections for members of the General Assernb1 y,at which election there shall be submitted to the voters of Georgia duly registered and qualified to vote at the last General Election the ratification or rejection of this Act.

MoNDAY, FEBRUARY 25, 1935.

1405

The ballots shall have written or printed on them the words,
"Vote for One" followed by the words,
"For Alcohol Beverage Control Act" "Against Alcohol Beverage Control Act" Those desiring to vote in favor of the ratification of this Act shall strike out the words, "Against Alcohol Beverage Control Act",and those desiring to vote against the ratification of this Act shall strike out the worcls, "For Alcohol Beverage Control Act". The returns of said election shall be made to the Secretary of State,who shall,by April 29,1935, certify the result thereof to the Governor,certifying the number of votes "For Alcohol Beverage Control Act"and the number of votes "Against Alcohol Beverage Control Act" in the State as a whole,and the number of votes "Against Alcohol Beverage Control Act" in each and every County,and the Governor shall,on or before May 5,1935,declare the result and make a proclamation thereof and certify the number of votes "For Alcohol Beverage Control Act" and the number of votes,"Against Alcohol Beverage Control Act" as to the State as a whole,and as to each and every County in the State. The expense of said election,includ~ng the preparation and printing of ballots,shall be borne by the respective Counties as in other general elections.

Section 28. If a majority of all those voting in the State as a whole as herein provided shall oe "For Alcohol Beverage Control Act" as shown by the Governorts proclamation,this Act shall be deemed ratified and be effective at the end of thirty days thereafter,and the manufacture and sale of alcohol!~ sp1rituous,vinous,and malt liquors as herein provided shall be lawful as provided in this Act in those Counties in which a majority of the votes cast was "For Alcohol Beverage Control Act."

1406

JouRNAL OF THE HousE,

On the adoption of the amendment,Mr. Dorris of Crisp 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

Dyer

Leonard of Musco-

Allen

Edwards of

gee

Almand of Fulton Lowndes

McCracken

Anderson

Edwards of

McCranie

Ansley of Lee Stephens

McCutchen

Arnall

Flynt

McGraw

Atwood

Freeman of Bibb McKelvey

Bargeron

Gardner

McNall

Barrett

Gnann

Mann

Bennett

Grayson

Marshall

Benton

Green

Martin

Booth

Griffin of Deca- Milam

Bloodworth

tur

. Mills

Brinson

Griffin of Floyd Minchew

Brisendine

Groves

Mitchell of Lamar

Brown of Glynn Hand

Mitchell of Talia-

Burgin

Harris

ferro

Campbell

Hartsfield

Moore of Clayton

caswell

Head

Moore of Haralson

Claxton of

Hefner

Morris

Camden

Henderson

Moye

Clements of

Hogan

Mundy

Calhoun

Hogg

Musgrove

Cobb

Holland

Neal

Cohen

Houston

Newby

Coleman

Jackson of

Parks

Coxon

Blackley

Parr

Culpepper of Joel

Patten of Tift

Echols . Johnston

Peek

Culpepper of Jones of Brant- Preston of Bulloch

Fayette

ley

Preston of Walton

Davis of Troup Jones of Lump- Ray

Deal

kin

Reagan

Dobbins

Lanier

Ross

Durden

Lee

Salter

MoNDAY, FEBRUARY 25, 1935.

1407

Settle

Swindle

Watkins

Shedd

Terrell of Troup Witm1re

Smith of Webster Thompson

Williams of Bacon

Spivey

Twitty

Williams of Coffee

Wilson

Those voting in the negative were Messrs.:

Ansley of DeKalb Groover

Sammon

Bannister

Guess

Sartain

Barnard

Hammock

Saunders

Batchelor

Harrison

Scruggs

Bond

Herndon

Shirah

Black

Howard of Screv- Smith of Madi-

Blease

en

son

Bradley

Jackson of Haber- Stephens

Brooks

sham

Sutton

Brown of Pike Kelley

Teasley

Camp

Leonard of Walker Terrell of War-

Claxton of John- Lewallen

ren

son

Lewis

Thrasher

Clements of Whee- Lindsay

Tipton

ler

McBride

Townsend

Daughtry

Mallory

Weathers

Dean

Manning

Weeks

Dorris

Parham

Welsch

Douglass

Parker of Col- Williams of

Etheridge

qu1tt

Jackson

Felton

Parker of Union Williams of

Freeman or Early Peebles

Jones

Gammage

Peters

Wrench

Garrett

Pound

Young

Gavin

Ramsey

Zellner

Gilbert

Rawlins

Goolsby

Sabados

~See Appendix,Volume I,for those not voting.

By call

unanimous con was dispensed

swen1tt1nt.h

e

verification

of

the

roll

On the adoption or the amendment,the ayes were 106,nays 70.

The amendment was adopted.

1408

JouRNAL OF THE HousE,

The amendment offered by Mr. Ramsey of Fulton to the Committee substitute was ruled out of order.
The amendment offered by Mr. Groover of Troup to the Committee substitute was lost.
The following amendment to the Committee substitute was adopted:
Mr. Barrett of Richmond moves to amend the GriffinTownsepd Substitute to House Bill No. 144 by adding a new section to read as follows: Section 3-B. Said State liquor stores shall be authorized,empowered, and directed to make all rules and regulations for the distribution and sales of all beverages defined in this Act.
The amendment offered by Messrs. Townsend of Dade and Griffin of Decatur to the Committee substitute was withdrawn.
The amendment offered by Mr. McBride of Montgomery and others to the Committee substitute were ruled out of order.
The following amendment to the Committee substitute was adopted:
Mr. Cobb of Clarke amends Committee substitute for House Bill No.l44 by striking in its entirety subsection (b) of Section 58 and substituting therefor the following sub-section:
(b) Any person from manufacturing and selling cider to persons holding distillery licenses issued under the provisions of this act,or any person from manufacturing wine from grapes,fruit or berries grown by the said person and selling the same free of any tax or license whatever to persons holding Vvinery licenses wholesale or retail issued under the provisions of this act,under the supervision of,and regulations issued by,the Board:

MoNDAY, FEBRUARY 25, 1935.

1409

By unanimous consent, the substitute offered by Messrs. Grayson of Chatham and Groves of Lincoln to House Bill No. 144 was withdrawn.
By unanimous consent,the substitute offered by Mr. Head of Catoosa to House Bill No. 144 was withdrawn.
The following amendments to the substitute,offered by Messrs. Parker and Shirah of Colquitt,and Bargeron of Burke,to House Bill No.l44 were considered:
Mr. Pound of Hancock moves to amend Parker substitute to House Bill No. 144 so that voting on "repeal" or "against repeal" shall be by county unit vote and not by popular vote.
On the adoption of the amendment,Mr. Pound of Hancock moved the ayes and nays,and the call was not sustained.
The amendment was lost. The amendment offered by Mr. Groover of Troup to the Parker-Shirah-Bargeron Substitute to House Bill No.l44 was lost. The following amendments to the Parker-Shirah-Bargeron Substitute to House Bill No.l44 were adopted. Mr. Sabados of Dougherty moves to amend the Act to be known as "The Alcoholic Beverage Control Act" by striking Section thirty eight (38) in its entirety,and amend the caption accordingly. Mr. Joel of Clarke amends Parker Substitute to House Bill No.l44 by striking from said substitute bill all sections of said bill which relates to the selling,manufacturing,and licensing of beers and wines wherever they may appear in said substitute bill.

The amendment offered by Mr. Flynt of Spalding and others to the Parker-Shlrah-Bargeron substitute to House Bill No.l44 was ruled out of order.

1410

JouRNAL oF THE HousE,

The following amendment to the Parker-Bhirah-Bargeron Substitute to House Bill No.l44 was adopted:
Mr. Cobb of Clarke amends substitute by adding new paragraph to read as follows:
That nothing in this Act shall be construed as preventing anyone from making domestic wines for exclusive use of himself and family free of license taxes; and that every grower of grapes,fruits or berries shall have the right to make therefrom,where grown, upon his or her own farm,domestic wines and sell the same to any duly licensed wholesaler or retailer of wines, free of all license, or stamp, or sales tax, or similar taxes.
The amendment offered by Mr. McBride of Montgomery was ruled out of order.
The following amendment was read: Mr. Manning of Cobb moves to amend substitute by Parker et al., to House Bill No.l44 (a) By striking the words "one tenth" in line 14,of Section 22 of said substitute,and inserting in lieu thereof the words "one fourth~ (b) and further moves to amend said substitute br. striking the words "the date of such election and', in lines 51 and 52 of Section 22,so as to provide that said Act shall become effective 15 days from the date the declaration of the result in a county option election,if favorable. Item (a) of the amendment was lost. Item (b) of the amendment was adopted. The following amendments to the Parker-Bhirah-Bargeron Substitute to House Bill No.l44 were adopted: Mr. Lanier of Richmondmoves to amend Substitute to House Bill No.l44,(Parker-8hirah-Bargeron Substitute)by striking all of Section lO,and inserting in lieu thereof the following: Section Ten (10) (A).

MoNDAY, FEBRUARY 25, 1935.

1411

That if such business is proposed to be carried on within the corporate ltmits of a municipality the applicant for license shall pay to the proper authority to be designated by the governing body of such municipality such yearly license fee fixed by such authority which however shall not exceed:
$1000 for manufacturers $500 for wholesale distributors $250 for retail distributors which license shall apply to and be required for each place of manufacture,and also for each place of wholesale and also for each place of retail d-istributor; and it is further provided that when any of the designated businesses are licensed bymunicipal authorities,that no county license fee shall be required by County authorities,however upon any of the above designated businesses located without a municipality,the county governing authorities of such county in which any of the above designated business is located is authorized to fix an annual license fee not to exceed: $1000 for manufacturers $500 for wholesale distributors $250 for retail distributors which license shall apply to and be required for each place of manufacture,and also for each place of wholesale,and also for each place of retail distributor outside of municipalities and/or incorporated towns and cities. (B) Incorporated towns and/or counties operating distributors stores shall not be taxed any license fee. Mr. Lindsay of DeKalb amends Parker-Bargeron substitute for House Bill No.l44 by adding a new section just before the repealing clause to read as follows: section 39. The authority herein created for the purpose of issuing permits or licenses for the re-

1412

JouRNAL OF THE HousE,

tailing of liquors shall have the right to refuse any permit for such dispensation of liquors in any location outside of the corporate limits of a duly incorporated municipality,and to revoke such permits where such authority is satisfied that such business is being conducted in such manner and place as is incompatible with the good order,peace and dignity of the community.

Mr. Almand of Fulton moves to amend Parker-Shirah
Substitute to House Bill No.l44,by adding to Section 29 wherever the words "grain alcohol" appear b. insertin* between the words "grain" and "alcohol', the words and ethyl" so that words shall read "grain and ethyl alcoholA, and amend caption accordingly.

The amendment offered by Mr. Almand of Fulton to
the Parker-Shirah-Bargeron substitute to House Bill No.l44 was .withdrawn by unanimous consent.

The amendment by Mr. Allen of Baldwin was with-
drawn.

The amendment by Mr. Edwards of Lowndes was ruled out of order.

On the adoption of the substitute,by Messrs. Parker and Shirah of Colquitt,and Bargeron of Burke, as amended,to House Bill No.l44,Mr. Weeks of Columbia 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 of Fulton Bennett

Anderson

Benton

Ansley of DeKalb Bond

Ansley of Lee Booth

Arnall

Bowden

Atwood

Blease

Bargeron

Bloodworth

Brinson Brisendine Brown of Glynn Caswell Claxton of Camden Cohen Coleman

MoNDAY, FEBRUARY 25, 1935.

141~

Culpepper of Lanier

Preston of Wal-

Fayette

Lee

ton

Davis of Troup Leonard of Musco- Ray _

Dobbins

gee

Reagan

Durden

Leonard of Walker Sabados

Dyer Edwards of _Lowndes Edwards of Ste-
phens Felton Freeman of Bibb Gardner Gnann Grayson Green

Lewallen Lewis Lindsay McCracken McGraw McNall Mann l'1a.rshall l'1a.rt1n Minchew M1 tchell of Lamar

Sarrunon Shedd Shirah Spivey Stephens Sutton Twindle Teasley Terrell of-Hall Thompson Twitty

Griffin of Floyd Mitchell of Talia- Warnell

Groves Hammock

ferro

Watkins

Moore of Clayton Welsch

Hand Harris Hartsfield Head Hogan Hogg Holland Houston Joel Johnston

Moye
Mundy
Musgrove Newby Parker of Col-
quitt Parks Parr Peebles Peek

Whitmire Williams of Ba-
con Williams of Coffee Williams of Jones Wilson Zellner

Jones of Brant- Preston of Bul-

ley

loch

Those voting in negative were Messrs.:

Adams Allen Bannister Barnard Barrett Batchelor Black Bradley BrookS Brown of Pike

Burgin Campbell Claxton of John-
son Clements of Calhoun Clements of Wheeler Cobb Coxon

Culpepper of Echols Daughtry Deal Dean DeLoach Dorris Douglass Etheridge Flynt Freeman of Early

1414

JouRNAL OF THE HousE,

Gammage

Kelley

Rawlins

Garrett

McBride

Salter

Gavin

McCranie

Sartain

Gilbert

McCutchen

Saunders

Goolsby

McKelvey

Scruggs

Griffin of Deca- l''lallory

Settle

tur

Manning

Smith of Madison

Groover

Milam

Smith of Webster

Guess

Mills

Terrell of Troup

Harrison

Moore of Haral- Terrell of Warren

Herndon

son

Tipton

Hefner

Morris

Townsend

Henderson

Neal

Watson

Howard of Screv- Ode'

Weathers

en

Parham

Weeks

Jackson of Bleck- Parker of Union Williams of Jack-

ley

Patten of Tift son

Jackson of Haber- Peters

Wrench

sham

Pound

Young

Jones of Lumpkin Ramsey

~See Appendix,Volume I,for those not voting.

By unanimous consent,the verification of the roll

call was dispensed with.

On the adop~lon of the substitute,by Messrs.Parker and Shirah of Colquitt,and Bargeron of Burke,as amended,to House Bill No.l44,the ayes were 99,nays
so.

The substitute,as amended,was adopted.

Mr. Townsend of Dade moved that the House reconsider its action in adopting the substitute,as amended.

Mr. McBride of Montgomery moved the ayes and nays on the motion to reconsider,and the call was not sustained.

On the motion to reconsider1the ayes were 43,nays
100.

The motion to reconsider was lost.

The report of the Committee1wh1ch was favorable to

MoNDAY, FEBRUARY 25, 1935.

1415

the passage of the bill,by substitute,as amended, was agreed to,by substitute,as amended.

On the passage of the bill,by substitute,as amend-

ed the roll call was ordered and the vote was as

foilows:

.

Those voting in the affirmative were Messrs.:

Almand of Fulton Edwards of Ste- McNall

Anderson

phens

Marshall

Ansley of DeKalb Flynt

Martin

Ansley of Lee Freeman of Bibb Minchew

Arnall

Gardner

I11tchell of La-

Atwood

Gilbert

mar

Bannister

Gnann

Moore of Clayton

Bargeron

Grayson

Moore of Haral-

Barrett

Griffin of Deca- son

Bennett

tur

Morris

Benton

Griffin of Floyd Moye

Bond

Groover

Mundy

Booth

Groves

Musgrove

Blease

Hammock

Newby

Bloodworth Brinson Brisendine

Hand
Harris Hartsfield

Parker of Colquitt Parks

Brown of Glynn Burgin Caswell Claxton of Camden Cohen Coleman Culpepper of Echols Culpepper ot Fayette Davis of Troup Deal DeLoach Dobbins Dorris

Head Hogan Hogg Holland Joel Johnston Jones of Brantley Lanier Lee Leonard of Muscogee Leonard of Walker Lewallen Lewis

Parr Peebles Peek Preston of Bulloch
Ray
Reagan Sabados Salter Settle Shedd Shirah Smith of Webster Spivey Stephens

Durden Dyer Edwards 01 Lowndes

McCracken McCranie McCutchen McGraw

Sutton Swindle Teasley Terrell ot Hall

1416

JouRNAL oF THE HousE,

Terrell of Troup Thompson Tipton Townsend Twitty

Warnell Watkins Watson Weathers Welsch

Whitmire Williams of Bacon Williams of Coffee Williams of Jones Wilson Zellner

Those voting in the negative were Messrs.:

Allen

Freeman of Early Milam

Barnard

Gammage

Mills

Batchelor

Garrett

Neal

Black

Gavin

Oden

Bradley Brooks Brown of Pike Campbell

Guess Harrison Herndon Henderson

Parker of Union Patten of Tift Peters Pound

Claxton of John- Jackson of Bleck- Ramsey

son

ley

Sammon

Clements of Cal- Jackson of Haber- Sartain

houn

sham

Saunders

Clements of Wheel-Jones of Lumpkin Scruggs

er Cobb Coxon Daughtry Etheridge Felton

Kelley Lindsay McBride McKelvey Mallory Manning

Smith of Madison Terrell of Warren Weeks Williams of Jackson

Wrench

Yotm.g

([0) See Appendix ,Volume I ,for those not voting.

By unanimous consent,the verification of the roll

call was dispensed with.

On the passage of the bill,by substitute,as amended, the ayes were ll2,nays 52.

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

By unanimous consent,the bill was ordered immediately transmitted to the Senate.

MoNDAY, FEBRUARY 25, 1935.

1417

Mr. Harris of Richmond moved that the House do now adjourn until 9:00 o'clock tomorrow morning,and the motion prevailed.
Leaves of absence were granted to Messrs.Woods of Emanuel and Pound of Hancock.
The Speaker announced the House adjourned until tomorrow morning at 9:00 o'clock.

1418

JouRNAL oF THE HousE,

Representative Hall, Atlanta, Ga.

Tuesday, February 26, 1935.

The House met pursuant to adjournment this day at 9:00,otclock,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

Campbell

Etheridge

Allen

Caswell

Felton

Almand of Fulton Claxton of Camden Flynt

Almand of Walton Claxton of John- Fowler

Anderson Ansley of DeKalb

son Clements of Cal-

Freeman of Bibb Freeman of Early

Ansley of Lee

houn

Gammage

Arnall

Clements of

Gardner

Atwood

Wheeler

Garrett

Bannister

Cobb

Gavin

Bargeron

Cohen

Gilbert

Barnard

Coleman

Gnann

Barrett

Coxon

Goolsby

Batchelor

Culpepper of Ec- Grayson

Bannett

hols

Green

Benton

Culpepper of

Griffin of De-

Bond

Fayette

catur

Booth

Darnell

Griffin of

Bowden

Daughtry

Floyd

Black

Davis of Troup Groover

Bland

Deal

Groves

Blease

Dean

Guess

Bloodworth

DeLoach

Hammock

Bradley

Dobbins

Hampton

Brinson Brisendine

Dorris Douglass

Hand Harris

Brooks

Durden

Harrison

Brown of Glynn Dyer

Hartsfield

Brown of Greene Edwards of

Herndon

Brown of Pike Burgin Bush Camp

Lowndes Edwards of Ste. phens Ennis

Head Hefner Henderson Hogan

TuESDAY, FEBRUARY 26, 1935

1419

Hogg

M1tchell of Talia- Smith of Web-

Holland

ferro

ster

Hooks

Moore of Clayton Spivey

Horton

Moore of Haralson Standard

Houston

Morris

Stephens

Howard of Chatta- Moye

Sutton

hoochee

Mundy

Swindle

Howard of Screven Musgrove

Teasley

Jackson of Bleck- Neal

Terrell of Hall

ley

Newby

Terrell of

Jackson of Haber- Oden

Troup

sham

Parham

Terrell or War-

Joel

Parker or Col-

ren

Johnson

qu1tt

Thompson

Johnston

Parker of Union Thrasher

Jones of Brant- Parks

Tipton

ley

Parr

Toms

Jones of Lumpkin Patten of Cook Townsend

Kelley

Patten of Tift Twitty

Lanier

Peebles

Warnell

Lee

Peek

Watkins

Leonard of Musco- Perry

Watson

gee

Peters

Weathers

Leonard of Walker Pound

Weeks

Lewallen

Preston of Bul- Welsch

Lewis

loch

West

Lindsay

Preston of Wal- Whaley

McBride

ton

Whitmire

McCracken

Ramsey

Williams of Ba-

McCranie

Rawlins

con

McCutchen

Ray

Williams o;f Cot-

McGraw

Reagan

fee

McKelvey

Ross

Williams of

McNall

Sabados

Jackson

Mallory

Salter

Williams of

Mann

Sammon

Jones

Manning

Sartain

Willingham

Marshall

Saunders

Wilson

Martin

Scruggs

Woods

Milam

Settle

Wrench

Mills

Shedd

Young

Minchew

Shirah

Zellner

Mitchell of

Smith of Madi- Mr. Speaker

Lamar

son

(Ql) See Appendix,Volume I ,tor absentees.

1420

JouRNAL OF THE; HousE,

Mr. Preston of Bulloch,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,the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of bills and resolutions under the rUles of the House. 2. Reports of Standing Committees. 3. Second reading of bills and resolutions,favorably reported. 4. Third reading and passage of local uncontested House bills. 5. First reading and reference of Senate Bills. 6. Third reading and passage of House Bills Nos. 504,589,590. By unanimous consent,the following bill of the House was withdrawn from further consideration of the House: By Messrs. Woods of Emanuel and Douglass of Talbot. House Bill No.366. A bill to be entitled an Act to amend an Act which established the Georgia Board of Pharmacy,prescribed the duties,powers,and qualifications of said Board, 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. Spivey of Emanuel,Freeman of Bibb and Claxton of Johnson. House Bill No.745. A bill to be entitled an Act to promote public health,safety,morals and general welfare by prohibiting marathon dance contests,and for other purposes. Referred to Committee on Academy for Blind.

TUESDAY, FEBRUARY 26, 1935.

1421

By Messrs. Spivey of Emanuel and Claxton of Johnson. House Bill No.746. A bill to be entitled an Act
to prescribe the manner in which certain corpora. tions may be chartered, and for other purposes.
Referred to Committee on Municipal Government. By Mr. Peek of Polk.
House Bill No.747. A bill to be entitled an Act to amend Section 88-1212 of 1933 Code,with reference to issuance of birth and death certificates, and for other purposes.
Referred to Committee on Hygiene and Sanitation. By Messrs.Jackson of Blackley and Rivers of Lanter.
House Bill No.748. A bill to be entitled an Act to fix the fees of sheriffs and jailers for feeding prisoners, and for other purposes.
Referred to Committee on State Prison Farm. By Messrs. Ramsey,Almand and Hartsfield of Fulton.
House Bill No.749. A bill to be entitled an Act to create and place in effect C1v11 Service in all county offices and departments, and for other purposes.
Referred to Committee on Counties and County Matters. By Mr. Smith of Madison.
House Bill No.750. A bill to be entitled an Act to amend Section 84-910 and 911 of 1933 Code to provide that the Board of Medical Examiners are authorized to prescribe a three year course for medical schools, and for other purposes.
Referred to Committee on Hygiene and Sanitation. By Messrs. Edwards and Coleman of Lowndes.
House Bill No.751. A bill to be entitled an Act to propose to the voters of Georgia an amendment to the Constitution to authorize any municipality

1422

JouRNAL OF THE HousE,

which acquires,constructs or improves any public utility,to issue bonds therefor, and for other purposes.
Referred to Committee on Amendments to Constitution No.1. By Mr. Edwards of Lowndes.
House Bill No.752. A bill to be entitled an Act to amend an Act regulating the practice of Chiropractic, to provide for the annual registration of licensed chiropractors, and for other purposes.
Referred to Committee on State of Republic. By Messrs. Bloodworth,Bowden and Freeman of Bibb.
House Bill No.753. A bill to be entitled an Act to authorize certain counties to levy a special tax for support of paupers,in addtiion to the tax already provided, and for other purposes.
Referred to Committee on Counties and County Matters. By Messrs. Terrell and West of Hall.
House Bill No.754. A bill to be entitled an Act to amend an Act establishing the Lula School District, by providing for election of members,defining the powers and duties of the Secretary,and for other purposes.
Referred to Committee on Education No.1. By Mr. Johnston of Upson.
House Bill No.755. A bill to be entitled an Act to repeal an Act providing for election of commissioners of Upson County from road districts, and for other purposes.
Referred to Committee on Counties and County Matters. By Mr. Booth of Barrow.
House Bill No.756. A bill to be entitled an Act to repeal an Act amending the charter o! Auburn,so

TuESDAY, FEBRUARY 26, 1935.

1423

as to strike the word "Gwinnett" and substitute the word"Barrow",and for other purposes.
Referred to Committee on Municipal Government. By.Mr. Booth of Barrow.
House Bill No.757. A bill to be entitled an Act to amend an Act incorporating the town of Auburn, to authorize the mayor and council to make and pass all needful by-laws and ordinances, and for other purposes.
Referred to Committee on Municipal Government. By Mr. Oden of Pierce.
House Bill No.758. A bill to be entitled an Act to repeal an Act entitled an Act to allow the qualified voters residing in Blackshear to vote tor the county school superintendent,and tor other purposes.
Referred to Committee on Counties and County Matters. By Mr. Zellner of Monroe.
House Bill No.759. A bill to be entitled an Act to repeal Section 50-105 of 1933 Code,which provides that any judge whose duty it is to grant a writ of habeas corpus shall forfeit to the party aggrieved the sum or $2500.00, and tor other purposes.
Referred to Committee on General Judiciary No.2. By Mr. Zellner of Monroe.
House Bill No.760. A bill to be entitled an Act to limit the time in which a judge or the Superior Court may grant a temporary injunction without a hearing, and tor other purposes.
Referred to Committee on General Judiciary No.2. By Messrs. Edwards and Coleman or Lowndes.
House Bill No.761. A bill to be entitled an Act to amend Section 95-802 of 1933 Code providing for

1424

JouRNAL or THE HousE,

the performance of road duty, by adding a provision exempting citizens of Lowndes County, and for other purposes.

Referred to Committee on Counties and County Matters.

By Mr. Rivers of Lanier.

,

House Bill No.762. A bill to be entitled an Act

to provide that in certain counties where offices

of tax receiver and tax collector have been abol-

ished and tax commissioner created; said Tax Com-

missioner shall be ex-officio sheriff for purpose

of collecting tax fi.fas.,and for other purposes.

Referred to Committee on Counties and County Matters.

By Mr. Teasley of Cherokee. House Bill No.763. A bill to be entitled an Act
to fix the amount of the bond of the Sheriff of Cherokee County, and for other purposes.

Referred to Committee on Counties and County Matters.

By Messrs. Jackson of Bleckley,R1vers of Lanier and Lanier of Richmond.
House Resolution No. l69-763a. A resolution proposing an amendment to Constitution providing for the disposition of cases in the Supreme Court where filing is delayed by illness or death of Clerk of Trial Court, and for other purposes.

Referred to Committee on Amendments to Constitution No. 2.

By Messrs . Bloodworth. Freeman and Bowden of Bibb. House Resolution No. 170-763b. A resolution desig-
nating part of State Route No.42 as the Eugene Talmadge Highway, and for other purposes.

Referred to Committee on Public Highways No. 2.

TuESDAY, FEBRUARY 26, 1935.

1425

By Messrs. Bloodworth, Freeman and Bowden of Bibb.

House Resolution ~o. 171-763c. A resolution desig-

nating Street

ithneMbarciodng, eaos vtehrethwe.

Ocmulgee River at Spring L. (Young) Stribling Me-

morial Bridge.

Referred to Committee on Public Highways No. 2.

By Mr. Parks of Gilmer. House Resolution No. 172-763d. A resolution au-
thorizing and directing the State Librarian to furnish certain volumes to the Ordinary and Clerk of Gilmer County, and for other purposes.

Referred to Committee on Public Library.

By Mr. Reagan of Henry. House Bill No.764. A bill to be entitled an Act
to provide for compensation for services of Deputy Clerks of Superior Court, in certain counties, and for other purposes.

Referred to Committee on General Judiciary No. 1.

Mr. Thompson of Muscogee County, Chairman of the Committee on Amendments to Constitution No. 2,_submitted the following report:

Mr. Speaker:

Your Committee on Amendments to Constitution No. 2 have had under consideration the following resolution of the House and have instructed me as Chairman, to report the same back to the House with the following recommendation:

House Resolution No.29-178c, do pass.

Respectfully submitted, Thompson of Muscogee, Chairman.

Mr. Brown of Glynn County, Chairman of the Committee on Counties and County Matters, submitted the following report:

1426

JouRNAL oF THE HousE,

Mr. Speaker:
.
Your Committee on Counties and County Matters have had under consideration the following bill of the House and have instructed me as Chairman,to report the same back to the House with the following recommendation:
House Bill No.737, do pass. Respectfully submitted, Brown of Glynn, Chairman.
Mr. Brown of Glynn County, Chairman of the Committee on Counties and County Matters, submitted the following report: Mr. Speaker:
Your Committee on Counties and County Matters have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 660, do pass. House Bill No. 684, do pass. House Bill No. 685, do pass. House Bill No. 688, do pass. House Bill No. 689, do pass. House Bill No. 690, do pass. House Bill No. 691, do pass. House Bill No. 692, do pass. House Bill No. 697, do pass. House Bill No. 698, do pass. House Bill No. 702, do pass. House Bill No. 706, do pass. House Bill No. 719, do pass. House Bill No. 723, do pass. House Bill No. 738, do pass.
Respectfully submitted, Brown of Glynn, Chairman.

TuESDAY, FEBRUARY 26, 1935.

142'7

Mr. Brown of Glynn County, Chairman of the Commit-

tee on Counties and County Matters, submitted the

following report:



l1r. Speaker:

Your Committee on Counties and County Matters have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendation:

House Bill No.251, do pass, by substitute.

Respectfully submitted, Brown of Glynn, Chairman.

Mr. Clements of Wheeler County, Chairman of the Committee on Municipal Government, submitted the following report:

Mr. Speaker:

Your Committee on Municipal Government have had under consideration the following bills of the House and/or Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:

Senate Bill No.l02, do pass, as amended. House Bill No.345, do pass, as amended. House Bill No.700, do pass. House Bill No.703, do pass. House Bill No.734, do pass.

Respectfully submitted, Clements of Wheeler, Chairman.

Mr. Grayson of Chatham County, Chairman of the Committee on Special Judiciary, submitted the following report:

1428

JouRNAL oF THE HousE,

Mr. Speaker:

Your Committee on Special Judiciary have had under

consideration the following bills and/or resolution

of the House and/or Senate and have instructed me

as wi

t

hChtahire.mfaonl1ltoow

rep ing

ort the same back recommendations:

to

the

House

House Resolution No.l53-684b, do pass. Senate Bill No. 65, do pass, as amended. Senate Bill No.l59, do pass.

Respectfully submitted, Grayson of Chatham, Chairman.

Mr. Grayson of Chatham County, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary have had under consideration the following bills and/or resolution of the House and have instructed me as Chairman,to report the same back to the House with the foll)wing reco.rmnendations:

House Bill No. 722, do pass. House Bill No. 726, do pass. House Resolution No.l68-742a; do pass.

Respectfully submitted, Grayson of Chatham, Chair:rmn.

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

By Senator Rucker of the 50th District. Senate Bill No.65. A bill to be entitled an Act
amending the Charter of the Mayor and Council of the City of Athens and changing the term of the recorder, and for other purposes.

TuESDAY, FEBRUARY 26, 1935.

1429

By Senator Millican of the 35th District. Senate Bill No.l02. A bill to be entitled an Act
to amend an Act establishing the new charter for the City of Atlanta, reducing the number of wards from 13 to 6, and for other purposes.

By Senator Millican of the 35th District. Senate Bill No.l59. A bill to be entitled an Act
to amend Sections 427 and 429 of City of Atlanta Code, and for other purposes.

By Mr. Batchelor of Putnam. House Resolution No.29-l78c. A resolution propos-
ing to the voters an amendment to the Constitution authorizing the consolidation of city and county governments, and for other purposes.

By Mr. Brown of Glynn. House Bill No.251. A bill to be entitled an Act
to amend Section 92-8301 of 1933 Code by changing the time in which land sold for taxes or drainage assessments may be redeemed, and for other purposes.

By Mess House

rs. Bi

H ll

artsfiel No.345.

dA1A.lbmialnldt

and o be

Ramsey entitl

of ed

Fulton. an Act

to amend an Act establishing a new charter for the

City of Atlanta, by reducing the number of wards

from 13 to 6, and for other purposes.

By l'lr. Marshall of Macon. House Bill No.660. A bill to be entitled an Act
to fix the amount of the bond of the sheriff of Macon County, and for other purposes.

By l'lr. Gardner of Candler. House Bill No.684. A bill to be entitled an Act
to amend an Act entitled an Act to consolidate the offices of tax receiver and tax collector and to create the office of county tax commissioner in the County of Candler, and for other purposes.

By Mr. Flynt of Spalding. House Resolution No.l53-684b. A resolution to re-
lieve J. R. Thomas on a bond in the City Court of Griffin, and for other purposes.

1430

JouRNAL OF THE HousE,

By l'1r. Campbell of Newton. House Bill No.685. A bill to be entitled an Act
to designate the Covington to Porterdale Highway in
Newton County as the Oliver s. Porter Memorial Road,
and for other purposes. By Mr. Marshall of Macon (By Request).
House Bill No.688. A bill to be entitled an Act to pay insolvent cost in certain cases out of the county treasury in certain counties, and for other purposes. By Mr. Lee of Pulaski.
House Bill No.689. A bill to be entitled an Act to repeal an Act creating the office of Commissioner of Roads and Revenue in Pulaski County, and for other purposes. By l'1r. Lee of Pulaski.
House Bill No.600. A bill to be ent1 tled an Act to create and establish a Board of Cormnissioners of Roads and Revenue for the County of Pulaski, and for other purposes. By Mr. Lee of Pulaski.
House Bill No.69l. A bill to be entitled an Act to amend an Act to abolish the office of Treasurer of Pulaski County, to provide that the Ordinary shall perform the duties of Treasurer, and for other purposes. By Mr. Lee of Pulaski.
House Bill No.692. A bill to be entitled an Act to reduce the bond of the Sheriff or Pulaski County, Georgia, from $10,000.00 to $5,000.00, and for other purposes. By Mr. Zellner of Monroe.
House Bill No.697. A bill to be entitled an Act to amend an Act abolishing the offices of Tax Collector and Tax Receiver of Monroe County and establishing the office of Tax Commissioner, and tor other purposes.

TUESDAY, FEBRUARY 26, 1935.

1431

By Mr. Bland of Stewart. House Bill No.698. A bill to be entitled an Act
to fix the amount of the bond of the Sheriff of Stewart county, and for other purposes. By Mr. Gnann of Effingham.
House Bill No.700. A bill to be entitled an Act to amend an Act incorporating the City of Springfield, and for other purposes. By Mr. Mallory of Twiggs.
House Bill No.702. A bill to be entitled an Act to require certain officers of Twiggs County to publish quarterly reports, in the official organ, and for other purposes. By Mr. Ray of Appling.
House Bill No.703. A bill to be entitled an Act to amend an Act incorporating the City of Baxley, and for other purposes. By Mr. Swindle of Berrien.
House Bill No.706~ A bill to be entitled an Act to amend an Act creating the Board of Commissioners of Berrien County, so as to lengthen the term of office, and for other purposes. By Messrs. Bannister and Tipton of Thomas.
House Bill No.719. A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Thomas County, to establish the office of Tax Commissioner, and for other purposes. By Messrs. Scruggs and Gilbert of Washington.
House Bill No.722. A bill to be entitled an Act to amend an Act establishing a County Council for Washington County, so as to provide for the election of members by grand jury, and for other purposes. By Messrs. Scruggs and Gilbert of Washington.
House Bill No.723. A bill to be entitled an Act to amend an Act fixing the compensation of the members of the Board of Commissioners of Roads and Revenue of Washington County, by providing for purchases of supplies, and for other purposes.

1432

JouRNAL OF THE HousE,

By Mr. Edwards of Stephens. House Bill No.726. A bill to be entitled an Act
to reduce the bond of the Sheriff of Stephens County, and tor other purposes.

By Mr. Rawlins of Ben Hill. House Bill No.734. A bill to be entitled an Act
to amend an Act incorporating the City or FitzgeraldJ to increase the number or members of Board of Education, and for other purposes.

By Mr. Townsend of Dade. House Bill No.737. A bill to be entitled an Act
to amend,codify consolidate and establish a new charter for the town of Trenton, 1n the county of Dade, and for other purposes.

By Mr. Johnston of Upson. House Bill No.738. A bill to be entitled an Act
to reduce the bond of the Sheriff of Upson County, and for other purposes.

By Messrs. Tipton and Bannister of Thomas. House Bill No.l68-742a. A resolution to relieve
J. N. Randall as surety on bond in City Court of Thomasville, 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. Dobbins of Morgan.

House Bill No.l40. A bill to be entitled an Act

to repeal an Act fixing the license fee for retail-

ing or vending uors in Morgan

sp1r1tuous County at

;1p1ln5,t0o0x0i,caatnindgf

or or

malt liqother pur-

poses.

The report of the Co~ttee,wh1ch was favorable to the passage of the bill,was agreed to.

On nays

toh. e

passage

of

the

bill,the

ayes

were

110,

TUESDAY, FEBRUARY 26, 1935.

1433

The bill having received the requisite constitutional majority was passed. By Mr. Dobbins of Morgan.
House Bill No.l41. A bill to be entitled an Act to repeal an Act to prohibit the manufacture in Morgan County of any alcoholic,spirituous,malt or intoxicating liquors,except domestic wines made from grapes and berries, and for other purposes.
The report ot the Committee,which was favorable to the passage of the bill, was agreed to.
On the passage ot the bill, the ayes were 111, nays o.
The bill having received the requisite constitutional majority was passed. By Messrs. Hartsfield, Almand and Ramsey of Fulton.
House Bill No.346. A bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta,by abolishing the office of Warden and creating the office of Director of Relief, and tor other purposes.
The following amendments to House Bill No.346 were adopted:
The Committee moves to amend House Bill No.346 as follows: By striking section 6 and renumbering the subsequent sections accordingly. By inserting immediately at the end of section three tnereof the following:
"and where any of said present terms expire on January first or during the months of January,February or March, the same shall be extended to the fist regular meeting of said General Council held during the month of July of such year, and at such first regular meeting in the month of July, said General Cour:..""1.1 shall nroceed to elect said officials for the t~~~ her~in set forth".

1434

JouRNAL OF THE HousE,

Messrs. Hartsfield, Almand and Ramsey of Fulton and Lindsay, Guess and Ansley of DeKalb move to amend House Bill No.346 by striking all of Section 2 of said bill and renumbering the balance of said bill accordingly.
The report of the Committee,which was favorable to the passage of the bill, as amended, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 121, nays o.
The bill having received the requisite constitutional majority was passed, as amended. By Mr. Henderson of Irwin.
House Bill No.523. A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Irwin County; to create the office of Tax Commissioner, and for other purposes.
The following Committee amendment to House Bill No.523 was adopted:
Committee moves to amend House Bill No.523 as follows: That Section 6 of said bill be, and the same is hereby amended,by adding at the end thereof the following:
"The Tax Commissioner of Irwin County if he deems it necessary that he have additional heip from time to time to aid and assist him in performing his duties as such Tax Commissioner, that he shall first get the approval of the Board of County Commissioners, and upon the approval of said Board, they shall be authorized to fix the compensation of said additional help and shall be authorized to pay said help from the general funds of the County.
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 120, nays o.

TuESDAY, FEBR~ARY 26, 1935.

1435

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

By Mr. Jackson of Habersham. House Bill No.645. A bill to be entitled an Act
to incorporate the City or Comella, and for other purposes.

The report or the Comm1ttee,wh1ch was favorable to the passage or the bill, was agreed to.

On nays

ot h. e

passage

or

the

bill,

the

ayes

were

113,

The bill having received the requisite constitutional majority was passed.

By Mr. Freeman of Early. House Bill No.682. A bill to be entitled an Act
to repeal an Act to create and incorporate the City or Blakely, and for other purposes.

The report or the Comm1ttee,wh1ch was favorable to the passage or the bill, was agreed to.

On the passage or the bill, the ayes were 114, nays 0. .

The bill having received the requisite constitutional majority was passed.

By Mr. Bradley of Tattnall. House Bill No.705. A bill to be entitled an Act
to amend an Act which creates and defines the powers and duties or a Board or Commissioners or Roads and Revenues for the County or Tattnall, and for other purposes.

The following amendment to House Bill No.705 was adopted:

Mr. Bradley or Tattnall moves to amend House Bill No.705 by adding Section 2a, said section to read as follows: "Section 2a. That the provisions of this

1436

JouRNAL or THE HousE,

Act shall not become effective until the next General Election,except that the present board shall elect a Vice-chairman of said Board at the first regular meeting after the passage of this Act".

The report of the Cammittee,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 118, nays o.

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

By Messrs. Perry and Houston of Worth. House Bill No.713. A bill to be entitled an Act
to repeal an Act to consolidate the offices and duties of Tax Receiver and Tax Collector of Worth County; to 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 nays

oth. e

passage

of

the bill,

the ayes were 115,

The bill having received the requisite constitutional majority was passed.

By Messrs. Perry and Houston of Worth. House Bill No.714. A bill to be entitled an Act
to create and establish a Board of Commissioners of Roads and Revenues for Worth County, and for other purposes.

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

On nays

oth. e

passage

of

the

bill,

the

ayes

were

116,

The bill having received the requisite constitutional majority was passed.

TUESDAY, FEBRUARY 26, 1935.

143'7

By Messrs. Perry and Houston ot Worth. House Bill No.715. A bill to be entitled an Act
to amend an Act to establish a City Court in the City of Sylvester, and for other purposes.

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

On the passage of the bill, the ayes were 117,
nays o.

The bill having received the requisite constitutional majority was passed.

By unanimous consentt the following bills of the House were read the thlrd time, and placed upon their passage:

By Mr.-,:lfeasley of Cherokee. House Bill No.504. A bill to be entitled an Act
to amend the Code of Georgia of 1933,which section prescribes the manner of assessment and collection ot road taxes or commutation taxes, in counties ot a certain population, and tor other purposes.

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

On nays

ot h. e

passage

of

the

bill,

the

ayes

were

122,

The bill having received the requisite constitutional majority was passed.

By Mr. Teasley of Cherokee. House Bill No.589. A bill to be entitled an Act
to provide tor the payment by counties of a certain population, the actual cost incurred in the Superior Court for the trial and conviction ot misdemeanor convicts worked by said counties upon the public roads, and for other purposes.

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

1438

JouRNAL OF THE HousE,

On the passage of the bill, the ayes were 123,
nays o.
The bill having received the requisite constitutional majority was passed. By Mr. Teasley of Cherokee.
House Bill No.590. A bill to be entitled an Act to provide for the payment of a salary in lieu of fees to sheriffs in counties having a certain population, and for other purposes.
The report of the Committee,which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 124,
nays o.
The bill having received the requisite constitutional majority was passed.
The following report of the Committee on Game and Fish was submitted and read: REPORT OF THE INSPECTION TRIPS MADE BY THE HOUSE
COMMITTEE ON GAI1E AND FISH The Committee on Game and Fish in the House made its first inspection trip on February 4,1935, to the Summerville Fish Hatchery in Chattooga County. This hatchery is principally for the propagation of mountain trout. Its capacity has been doubled since the last inspection was made by a Legislative Committee. At the present time its output is approximately 2,000,000 trout and 200,000 rock bass and bream per year. The unit of this hatchery at Rock Creek was not inspected by the Co~ttee. The F.E.R.A. furnished the labor and material for the improvements that have been made at Summerville and the Rock Creek rearing pools were constructed by the Forestry Department of the United States giving the materials and labor with the exception of incidental expenses on both hatchery units,which were paid by the Department of Game and Fish.

TUESDAY, FEBRUARY 26, 1935.

1439

The Committee made its second inspection trip on February 21st, and this trip included inspection or the Hearn-Morgan Hatchery at Smalls Brickyard and at Tuft Springs in Macon, and the Bowen's Mill Hatchery at Fitzgerald.

The property on which these hatcheries are located was deeded to the State of Georgia to be used !or the propagation of fish, and the title to the proPerty with all improvements thereon will revert to the original owner at such time as the State should abandon the fish hatchery. The labor was furnished by the F.E.R.A. as well as $4,700 worth or materials consisting of building materials and cement. Mater!als,tmpleruents and some heavY grading were furnished by the Counties 1n which the hatcheries were located: Bibb,Ben Hill, Wilcox and Irwin.

A hatchery at Millen 1s also being built under the same plan but was not inspected by the Committee. The Macon plant consists of two units. The Billy Morgan unit at Smalls Brickyard has !!tty-three ponds with approximately sixty-five acres under water, and will be for the propagation or bream.The Paul Hearn unit at Tuft Springs will have approximately forty acres under water and will be for the propagation of bass.

The Bowen's Mill Hatchery is almost ready for

operation. The Department has under its control

10,000 acres in conjunction with the hatchery where

it is plant

planned has 125

to operate a acres in one

game pond

afanrdm2. 2Tihaecprersesiennt

the other three ponds and approximately forty more

acres will be under water when it is completed,mak-

ing a total of about two hundred acres under water.

This will make this one of the largest warm water

hatcheries in the United States. It is tor the prop-

agation of bream.

The Committee on Game and Fish wants to express their appreciation to the following tor their courtesy and hospitality:

1440

JouRNAL OF THE HousE,

City of Macon and County of Bibb, Macon. I1r. C C. James, Sununerville. Chamber of Commerce, Hawkinsville. Ben Hill and Irwin Counties, Fitzgerald. Mr. Red Williams, Douglas. Mr. Joeb,O~lethorpe Hotel,Brunswick. Rotary Club, Brunswick. Mr. Huston, Butler Island. Mayor Gamble and City Alderman, Savannah. Mr. James Fowler, Soperton. Mr. Fitzgibbons of the Georgia Cypress Company, Folkston. Chamber of Commerce, Folkston. Mr. L. A. Miller, Brunswick. Mr. James Fowler of Soperton.
Respectfully submitted, Rawlins of Ben Hill, Chairman, Milam of Spalding, Secretary, Claxton of Johnson, Vice-chairman. The following resolution of the House was read and adopted: By I1r. Almand of Fulton. House Resolution No.l73. A resolution memorializing the United States Congress to direct that the Federal Emergency Relief Administration continue the relief aid now being furnished to distressed school districts for the balance of this school term, and for other purposes. Mr. Harris of Richmond, Vice-chairman of the Committee on Rules, submitted the following report: A RESOLUTION Be it resolved by the House that the following bills and resolutions of the House and Senate be set as a special and continuing order of business 1mmediately following the period of unanimous consents at today's session. House Bill No. 90 Beer Bill. House Bill No. 392,0leomargarine Bill.

TuESDAY, FEBRUARY 26, 1935.

1441

House Bill No. 271, Employment Service Bill.

House Bill No. 333, Legislative Disability Bill.

House Bill No. 70, Amends tax Act.

Senate Bill No. 60, Anti-narcotic Bill.

House Bill No. 572, Okefenokee Bill.

House Bill No. 545, Adjutant Generals Bill.

House House

Bill Bill

No. No.

344071,

To prevent hydrophobia. Swine Plague Bill.

House House

Bill Bill

No. No.

205, 516,

TDhievowrc. eanladwA. .

Rental

Certifi-

cate Bill.

House Bill No. 16, Corporation policeman.

House Bill No. 595, Regulating Comnercial agencies.

House Resolution No. 38-239a, Liquor permits.

House Bill No. 491.

House Bill No. 494.

House Bill No. 132.

House Resolution No. 124-605c.

Mr. Speaker:

Your Committee on rules having had under consideration the fixing of a calendar of business for the consideration of the House has instructed me, as its Vice-chairman, to report the above resolution back to the House with the recommendation that the same be adopted.

Respectfully submitted, Harris of Richmond,
Vice~hairman.

The report of the Committee on Rules was adopted.

Under the order of business as established by the Rules Committee, the following bills of the House were taken up for consideration,and read the third time:

By Messrs. Culpepper of Fayette, Lanier,Harris, and Barrett of Richmond.
House Bill No. 90.

1442

JouRNAL OF THE HousE,

A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR LICENSE AND
EEBXESVCEISRTEOAGTPEARS0XVESTIDOEUAPOFLONLORCTHATHETEEBEFUUNSNFIONDRESCSESDMEEORNFIVTEDDOEAFFLRTINOHMGISSINUACCHMTA; TLTATOX-
REPEAL LAWS IN CONFLICT WITH 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 from and after the effective date of this Act the business of manufacturing,distributing,selling or otherwise dealing in malt beverages as hereinafter defined is a privilege under the laws of this State, and there are hereby imposed license and excise taxes as hereinafter specified, to be paid for the exercise of such privilege.
SECTION II. BE IT FURTHER ENACTED by the authority aforesaid, that the provisions of this Act are severable, and if any part thereof shall be finally held unconstitutional the same shall not affect the remaining parts thereof.
SECTION III. BE IT FURTHER ENACTED by the authori-
ty aforesaid that the State Revenue Commission Of
this State, hereinafter referred to as the Commission,shall enforce this Act and shall promulgate such regulations as it deems necessary for this purpose.
SECTION IV. BE IT FURTHER ENACTED by the authority aforesaid, that "malt beverages" shall be defined to mean fermented beverages made in whole or in ~art from malt, or any similar fermented beverage. Brewers" are persons who manufacture malt beverages. "Wholesale dealers" are persons other than brewers who sell malt beverages to retail dealers or for the purpose of resale only. "Retail Dealers" are persons other than wholesale dealers or brewers who sell malt beveraies irrespective of the quantities sold. The word person" means an individual,

TUESDAY, FEBRUARY 26, 1935.

1443

t1rm,partnersh1p,association,corporation or other group or persons acting as a unit.
SECTION V. BE IT FURTHER ENACTED by the authority aroresaid,that there is hereby imposed upon the business or selling malt beverages an excise tax in the sum or One ($1) Dollar for every container sold as hereinafter specified containing not more than thirty-one (31) gallons, and at a like rate for other quantities or fractional parts; provided there shall be no excise tax on sales or malt beverages sold to persons outside or this State for resale or consumption outside of this State, or upon sales by persons outside of this State to persons within this State.
SECTION VI. BE IT FURTHER ENACTED by the author! ty aforesaid, that
(1) Within fifteen (15) days after the close or each month brewers shall file with the Commission duplicate invoices or their sales of malt beverages during the preceding month subject to tax hereunder, and at such time shall pay the Commission the amount of tax specified on such sales.
(2) Wholesale dealers shall,with1n fifteen (15) days after the close of each month,tile with the Commission reports of their purchases or malt beverages from persons other than brewers or wholesale dealers licensed by this State, and shall file duplicate invoices of their sales of such malt beverages within this State as have been purchased from persons other than from brewers or wholesale dealers licensed by this State, and shall at such time pay to the Commission the amount or tax specified on such sales. There shall be no additional tax due on sales by wholesalers in the case of malt beverages purchased from brewers or wholesale dealers licensed by this State.
(3) Retail dealers who purchase malt beverages from persons other than brewers or wholesale dealers licensed by this State shall,within fifteen (15)

1444

JouRNAL oF THE HousE,

days after the close or each month,!ile with the Commission reports or such purchases and or their sales of such malt beverages as have been purchased !rom persons other than brewers or wholesale dealers licensed by this State, and at the same time pay to the Commission the amount or tax specified on such sales. There shall be no additional tax due on sales by retail dealers or malt beverages purchased !rom wholesale dealers or brewers licensed by this State.
(4) Before any brewer licensed by this State shall sell malt beverages in this 8tate and before any wholesale dealer licensed by this State, or any other retail dealer, shall sell such beverages in this State purchased !rom a person other than a brewer or wholesale dealer licensed by this State, such persons shall file with the Commission a !1del1cybond in the amount or Five Thousand ($5000) Dollars conditioned to pay to said Commission such taxes as shall thereafter become due !rom such persons under this Act. Said bond shall have as surety a reputable bonding company approved !or this purpose by the Commission. Cash or securities or the United States or or any State thereof, or or any subdivision or this State,provided such securities are not in default, may be accepted in lieu or such bond; provided that in the event said bond or cash or securities at any time ceases to be in force !or the full amount herein specified, the person filing same shall not be entitled to any privileges under this Act until same is restored to effect !or the full amount herein specified.
SECTION VII. BE IT FURTHER ENACTED by the authority aforesaid, that
(1) No person shall engage in the business or a brewer or wholesale dealer without first having secured a license to engage in such business and without having paid the tax therefor as is hereinafter provided. Such licenses shall be secured !rom the Commission on or before February 1 or each year,but shall date !rom January 1 or such year. Applicants

TuESDAY, FEBRUARY 26, 1935.

1445

tor such licenses shall be required to disclose in their application such relevant facts as the Commission shall deem necessary. For such licenses there shall be paid annually at the time of securing same Five Hundred ($500) Dollars; provided that it more than one place of business shall be maintained in this State an additional license shall be secured tor each place of business and Two Hundred Fifty ($250) Dollars shall be paid tor each such additional license. "Place ot business" shall mean an office, store and/or warehouse maintained tor the purpose ot dealing in malt beverages.

(2) No subdivision of this State shall impose any additional excise tax on the sale of malt beverages nor shall any such subdivision impose any license tax upon brewers or wholesale dealers,but may impose a license tax upon retail dealers.

(3) Brewers may carry on the business ot wholesale dealer and Wholesale dealers may carry on the business of a brewer without securing an additional license tor such business,except as herein specified. Brewers and wholesale dealers who carry on the business ot a retail dealer shall be subject to such license taxes as subdivision ot this State may impose.

SECTION VIII. BE IT FURTHER ENACTED by the authority atoresaid,that the following shall be offenses in this State,each punishable by a tine ot not less than one Hundred ($100) Dollars nor more than one Thousand ($1000) Dollars,or imprisonment tor not more than twelve (12) months,either or both within the discretion ot the Court:

(1) Manufacturing or selling of wholesale malt beverages without having secured a license to engage in such business as specified in this Act.

(2) In the case of brewers,tailing to report to

the State Revenue Commission on all sales of malt

beverages made 1n this State as specified 1n this

Act.



1446

JouRNAL OF THE HousE,

(3) Failing to report to the State Revenue Commission all purchase for the purpose of resale in this State, and sales, of malt beverages purchased from persons other than brewers or wholesale dealers licensed by this State as specified in this Act.
(4} Failing to pay any tax imposed by this Act at the time specified.
(5) Carrying on the business of a brewer without having filed a bond as hereinabove provided,or in the case of wholesale dealers and retail dealers, selling in this State malt beverages purchased from persons other than brewers or wholesale dealers licensed by this State,without having filed a bond as provided by this Act.
(6) Evading or violating or conspiring with others to evade or violate any provision of this Act.
(7) Violating any rule of the State Revenue Commission promulgated within the scope of this Act.
SECTION IX. BE IT FURTHER ENACTED by the authority aforesaid,that persons who shall be delinquent in the payment of license taxes hereinabove provided for shall,in addition to criminal liability therefor,be liable for interest and for a penalty of double the amount of such taxes within the discretion of the Commission. Persons who sell malt beverages under the terms of this Act without paying the excise taxes hereinabove provided for shall,in the discretion of the Commission,be subject to interest upon such taxes at the rate of one per cent (1%}, for each month from the time of delinquency,in addition to the criminal liability hereinabove provided for. Fi.fas.may issue for the collection of license and excise taxes hereinabove provided for,and such taxes may be collected in any other manner provided by law for the collection of license and excise taxes.
SECTION X. BE IT FURTHER ENACTED by the authority aforesaid,that funds derived from this Act snall be

TuESDAY, FEBRUARY 26, 1935.

1447

apportioned as follows: An amount not to exceed Ten per centum (10%) or the estimated revenue annually shall be paid to the State Revenue Commission tor enforcing this Act; the remainder shall be set apart and devoted for the support of the common schools of the State.

SECTION XI. BE IT FURTHER ENACTED by the authority aforesaid,that any report made to the Commission as specified in this Act shall be made under oath and under such regulations as the Commission shall prescribe.

SECTION XII. BE IT FURTHER ENACTED that the Act of

the General Assembly of Georgia of 1915,Extraord1-

nary Session,page 77,entitled "An act to make clear

or more certain the laws of Georgia heretofore

enacted for the prohibiting of the manufacture ot

spirituous,vinous and intoxicating li~uors and priv-

Niloevgeemsb~ere1t c7.,11 9a1n5d,

fo is

ramotehndeerdpbuyrpsotsreisk1i

n

approved g Clause

s

3,

4,5 and 6,Section 1 of said Act,which clauses are

hereby repealed. In lieu thereof there shall be the

following clause to be known as Clause (3): "Noth-

ing in this Act shall apply to fermented beverages

made from malt, in whole or in part, or any similar

beverages ...

SECTION XIII. BE IT FURTHER ENACTED by the authority aforesaid,that the Act of the General Assembly of Georgia of 1915, Extraordinary Session,page 105, entitled, "An Act to promote temperance and to suppress the evils of intemperance and for other purposes,11 approved November 15,19i7, is amended by adding the following Section to be known as Section (5), and renumbering the present Section 5 to be known as Section (6), said new Section (5) to read as follows: "Nothing in this Act shall prohibit the advertisement or solicitation of orders fori or otherwise dealing in,beverages made from rna t,in whole or ln part, or any similar beverages ...

SECTION XIV. BE IT FURTHER ENACTED by the authority aforesaid, that the Act of the General Assembly

1448

JouRNAL oF THE HousE,

of Georgia of 1907,page 81, approved August 6th,l907, entitled, nAn Act to prohibit the manutacture,sale, barter,giving away to induce trade,etc., of any alcoholic,spirituous,malt or intoxicating liquor,etc., and for other purposes," is amended by adding a new Section to be known as Section (4) thereof, and renumbering the present Section 4, to be known as Section (5). Said new Section (4) shall read: "Provided that nothing in this Act shall apply to fermented beverages made from ma.lt,in whole or in part,or any similar beverages."
SECTION XV. BE IT FURTHER ENACTED by the authority aroresaid,that this Act shall be effective from the date or its approval by the Governor.
SECTION XVI. BE IT FURTHER ENACTED by the author-
ity aroresaid,that all laws and parts of laws in conflict with any terms or provisions of this Act, be and the same are hereby repealed.
The House was resolved into the Committee of the Whole House for the purpose or considering House Bill No.90, and the Speaker designated Mr. Deal of Bulloch as the Chairman thereof.
The Committee of the Whole House arose and through its Chairman,reported House Bill No.90 back to the House with the recommendation that same do pass,as amended.
Mr. Harris or Richmond moved the previous question, and the motion prevailed.
Mr. Harris of Richmond moved that the House recess until 2:00 o'clock this afternoon, and the motion prevailed.
The Speaker announced the House recessed until 2:00 o'clock this afternoon.
2:00 orclock,P.M. The Speaker called the House to order.

TuESDAY, FEBRUARY 26, 1935.

1449

The following message was received from the Senate through Mr. Hammond, the Secretary thereof: Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate, to wit: By Senator Millican of the 35th District.
senate Bill No.l43. A bill to be entitled an Act to amend an Act relating to the abolition of justice courts and the office of justice of the peace in certain cities, and for other purposes. By Senator Chappell of the 13th District.
Senate Bill No.ll3. A bill to be entitled an Act to amend the Code of Georgia of 1933 concerning appointment1number,qualification,term and removal of jury comm1ssioners, and for other purposes. By Senator Chappell of the 13th District.
Senate Bill No.l21. A bill to be entitled an Act to amend the Code of Georgia providing for the granting of charters by judges of the superior courts in vacation, and for other purposes. By Senators Cooper of the 22nd District; Larsen of the 16th District; Evans of the 29th District;Jones of the 17th District;Lester of the 18th District; Vaughn of the 34th District; Dennis of the 28th Districti Millican of the 35th District; Carrington of the 2rth District.
Senate Bill No.l28. A bill to be entitled an Act to declare the 12th of October of each year,commonly known as Columbus Day, to be public and legal holiday in this State. By Senator Goodwin of the 20th District.
Senate Bill No.l51. A bill to be entitled an Act to provide for the creation of a public utilities department for the City of Sandersville,Washington County,Georgia, and for other purposes.

1450

JouRNAL oF THE HousE,

By Senator Almon of the 37th District. Senate Bill No.88. A bill to be entitled an Act
to amend an Act entitled an Act to re-organize and re-constitute the State Highway Department, and for other purposes. By Senator King of the 11th District.
Senate Bill No.l65. A bill to be entitled an Act to increase the System of State Aid roads by the addition of a road from State Route 39 at Fort Gaines, Georgia, to State Route 1 at Blakely,Georgia. By Senator Vaughn of the 34th District.
Senate Bill No.l70. A bill to be entitled an Act to amend the Traylor-Neill Bill and the State Aid roads of Georgia, and for other purposes. By Senator Scott of the 7th District.
Senate Bill No.l71. A bill to amend an Act adding to the Traylor-Neill Act a road beginning at a point in the City of Thomasville,Thomas County, Georgia, and for other purposes. By Senator Smith of the 24th District.
Senate Bill No.l72. A bill to amend the Code of 1933 by changing the amount of bond required to be deposited with the State Treasurer by fire,marine and inland insurance companies, and for other purposes. By Senator Johnson of the 31st District.
Senate Bill No.l82. A bill to reduce the bond of the sheriff of Stephens County, and for other purposes.
Further consideration of House Bill No.90 was resumed.
The following Committee amendments to House Bill No.90 were adopted by unanimous consent:
Mr. Hartsfield of Fulton moves to amend House Bill No.90,Section 7, sub-paragraph 2 beginning at

TUESDAY, FEBRUARY 26, 1935.

1451

line 21 by adding at the end of said sub-paragraph the following: Provided further that breweries and wholesale dealers located in any city shall be subject to municipal business license taxes the same as all other businesses in said cities.
Messrs. Durden and Sabados of Dougherty move to amend House Bill No.90 by striking lines 10 and 11 in Section 5.
Messrs. Rivers of Lanier,Caswell of Liberty,Lanier, Harris,and.Barrett of Richmond,Green of Rabun Williams of Coffee,Sabados of Dougherty,Joel of Clarke, Musgrove of Clinch,Parker and Shirah of Colquitt, Watson of Paulding Smith of Madison,Mrs. Coxon of Long,Henderson of Irwin,Townsend of Dade,McNall of Chatham,Claxton of Johnson,McCracken of Jefferson, Minchew of Atkinson,Fowler of Treutlen,Griffin of Floyd,Anderson of Floyd, and Arnall of Coweta move to amend House Bill No.90 by striking the period at the end o.f Section X thereof and adding to said section the following words "and used for the purpose of furnishing free text books to the children attending common schools,and it is hereby declared such purpose to be for and in support of common schools".
Messrs.Preston of Bulloch and Harris of Richmond move to amend House Bill No.90 by striking Section 7 in its entirety.
Messrs. Williams of Coffee,Harris of Richmond, Lanier and Barrett of Richmond move to amend Section 5 of House Bill No.90 by striking therefrom the words and figures "one ($1) dollar" appearing in line 4 of said section, and inserting in lieu thereof the words "two dollars and fifty cents".
Mr. Hammock of Randolph moves to amend House Bill No.90 in Section X thereof by strikin~ in line 4 thereof the words "ten per centum 1~~ and inserting in lieu thereof the words "three per centum" and further by striking the word "estimated" from line four (4) of said section.

1452

JouRNAL or THE HousE,

Mr. Lindsay of DeKalb amends House Bill No.90 by adding a new section to be known as Section XV (a).
The privilege of manufacturing,distributing and selling by wholesale or retail of beverages provided in this Act is purely a privilege and no business legalized by this Act shall be conducted in any county or incorporated municipality of this State without a permit from the governing authority of such county or municipality, which said authority is hereby given discretionary powers as to the granting or refusal of such permits.
Mr. Parker of Colquitt moves to amend House Bill No.90 by adding a new section to be numbered 7 and read as follows: The occupation tax to be levied on retail dealers by all cities,towns and municipalities shall be scaled as follows: In cities and towns of 100,000 population or over, not more than $100.00 for each store or place of business.
In cities and towns of a population of not less than 40,000 and not more than 100,000, not more than $75.00 for each store or place of business.
In cities and towns of a population of not less than 7,500 and not more than 40,000, not more than $50.00.
In towns and communities of less than 7500 population,not more than $25.00.
Mr. Hartsfield of Fulton moves to amend House Bill No.90 by adding a new section appropriately numbered as follows: Provided that nothing herein contained shall prohibit the municipalities of this State from levying any business license taxes on brewers,wholesalers,or retail dealers of beverages covered in this Act,subject to the limitations herein fixed for retail dealers.
The following amendment was read: Mr. Wrench of Charlton moves to amend Section One

TuESDAY, FEBRUARY 26, 1935.

1453

(l),or immediatelY thereafter,appropriatelY numbered, the proviso that this
Act legalizing beer shall not became effective until after it has been submitted to a vote of the people by popular vote plan, the election to be held on May 15th,l935,at the same tL~e and manner of the election calling for repeal of the prohibition law. Those favoring said sale of beer to vote "tor Beer" and those opposing its sale "Against Beer". The said election to be conducted in the same manner and promulgated as the repeal law.
On the adoption of the amendment,Mr. McBride of Montgomery 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 Arnall Bannister Booth Bradley Brooks Brown of Pike Burgin Caswell Clements of Wheeler Cobb Coxon Daughtry DeLoach Dorris Douglass Edwards of Stephens Etheridge Fowler Freeman of EarlY Gannnage

Gavin

Newby

Gilbert

Parham

Goolsby

Parker of Union

Hand

Peek

Harrison

Ramsey

Herndon

Rawlins

Hefner

Ray

Henderson

Sartain

Hogan

Saunders

Hogg

Scruggs

Holland

Smith of Madison

Howard of Screven Sutton

Jackson of Haber- Terrell of War-

sham

ren

Kelley

Tipton

Lanier

Townsend

Lewallen

Weathers

McBride

Weeks

McKelvey

West

Mallory

Whitmire

Manning

Williams of

Mitchell of

Jackson

Taliaferro

Wrench

Neal

Zellner

1454

JouRNAL 01 THE HousE,

Those voting in the negative were Messrs.:

Almand of Fulton Almand of Walton Anderson Ansley of DeKalb Ansley of Lee Atwood Bargeron Batchelor Bennett Benton Bond Black Blease Brinson Brisendine Brown of Greene Bush Campbell Claxton of Camden Clements of Calhoun Cohen Coleman Culpepper of Ec-
hols Culpepper of Fayette Davis of Troup Deal Dean

Grayson

Musgrove

Green

Parker of Col-

Griffin of Deca- quitt

tur

Parks

Griffin of Floyd Parr

Groves

Patten of Cook

Guess

Peebles

Hammock

Peters

Hampton

Preston of Bul-

Harris

loch

Hartsfield

Preston of Wal-

Head

ton

Howard of Ghatta- Reagan

hoochee

Sabados

Jackson of Bleck- Salter

ley

Sammon

Joel

Settle

Johnston

Shedd

Jones of Brant- Shirah

ley

Spivey

Lee

Standard

Leonard of Musco- Stephens

gee

Swindle

Leonard of Wal- Terrell or

ker

Hall

Lewis

Thompson

McCranie

Toms

McCutchen

Twitty

McGraw

Watkins

McNall

Welsch

Dobbins

Mann

Williams of Ba-

Durden

Martin

con

Dyer

Milam

Williams of

Edwards of Lowndes Mills

Correa

Ennis

Minchew

Williams or

Felton

Mitchell of Lamar Jones

Flynt

Morris

Wilson

Gardner

Moye

Young

~See Appendix,Volume I,ror thosenot voting.

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

TuESDAY, FEBRUARY 26, 1935.

1455

On the adoption of the amendment, the ayes were 65, nays 99.

The amendment was lost.

The following amendment was read and adopted:

Mr. Cobb of Clarke amends House Bill No.90 so as to add a new paragraph to be appropriately numbered and to read as follows:

No alcoholic beverage of any kind shall be sold upon any school ground or college campus,nor within 100 yards of such ground or campus. Violation of this paragraph shall be a misdemeanor.

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

On the passage of the bill, as amendedi the roll call was ordered and the vote was as fol ows:

Those voting in the affirmative were Messrs.:

Almand of Fulton Claxton of Camden Gardner

Almand of Walton Clements of Cal- Gnann

Anderson

houn

Goolsby

Ansley of Lee Cohen

Grayson

Atwood

Coleman

Green

Bannister

Culpepper of

Griffin of De-

Bargeron

Fayette

catur

Batchelor

Davis of Troup Griffin of

Bennett

Deal

Floyd

Benton

Dean

Groves

Booth

Dobbins

Guess

Bowden

Durden

Hammock

Blease

Dyer

Hampton

Bloodworth

Edwards of

Harris

Brinson

Lowndes

Hartsfield

Brisendine

Edwards of Ste- Head

Brown of Glynn phens

Hefner

Brown of Greene Ennis

Henderson

Bush

Felton

Hogan

Campbell

Flynt

1456

JouRNAL OF THE HousE,

Howard of Chatta- Minchew

Standard

hoochee

Mitchell of Lamar Stephens

Jackson of Bleck- Morris

ley

Moye

Swindle Teasley

Joel

Musgrove

Johnston

Neal

Jones of Brant- Newby

Terrell of Hall Thompson Tipton

ley Lanier

Parker of Colquitt

Toms Townsend

Lee

Parks

Leonard of Musco- Parr

gee

Patten of Cook

Leonard of Wal- Peebles

ker

Preston of Bul-

Lewallen

loch

McCranie

Ray

McCutchen

Reagan

McGraw

Ross

McKelvey

Sabados

Twitty Watkins Watson Weathers Welsch West Whitmire Williams of Ba-
con Williams of Cot-

McNall Mann Martin Milam Mills

Sammon Settle Shedd Shirah Spivey

fee Williams of Jones Wilson Young

Those voting in the negative were Messrs.:

Allen

Coxon

Howard of Screven

Ansley of DeKalb Culpepper of Ec- Kelley

Arnall

hols

Lewis

Barnard

Daughtry

McBride

Bond

Dorris

Mallory

Black

Douglass

Manning

Bradley

Etheridge

Mitchell of

Brooks

Fowler

Taliaferro

Brown of Pike Freeman of Early Oden

Burgin

Gammage

Parham

Camp

Gavin

Parker of Union

Caswell

Gilbert

Patten of Tift

Claxton of John- Hand

Peek

son

Harrison

Peters

Clements of

Herndon

Ramsey

Wheeler

Hogg

Rawlins

Cobb

Holland

Sartain

TuESDAY, FEBRUARY 26, 1935.

145?

Saunders

Sutton

Weeks

Scruggs

Terrell of War- Williams of Jack-

Sm1 th of Madi-

ren

son

son

Thrasher

Wrench

Zellner

<63) See Appendix,Volume I ,for those not voting.

By unanimous consent, the verification of the roll

call was dispensed with.

On the passage of the bill, as amended, the ayes were 115, nays 5?.

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

By unanimous consent, the bill was ordered immediately transmitted to the Senate.

By Mr. Preston of Walton. House Bill No.392.

A BILL

To be entitled An Act providing for an excise tax on all oleomargarine containing any fat and/or ingredient other than any of the following fats and/or oil namely: Oleo oil from cattle, oleo stock from cattle,oleo stearine from cattle,neutral lard from hogs,peanut oil,cottonseed oil,soya bean oil,or milk fat; providing for the placing of stamps evidencing payment of said tax and providing offenses,fines and punishment, and for other purposes.

Be it enacted by the General Assembly of Georgia:

Section 1: That there is hereby imposed an excise tax of ten cents per pound on all oleomargarine sold, offered or exposed for sale,or exchanged in the State of Georgia,containing any fat and/or oil ingredient other than any of the following fats and/or oils: Oleo oil from cattle,oleo stock from cattle,oleo stearine from cattle,neutral lard from hogs,peanut oil,corn oil,cottonseed oil, soya bean oil or milk fat. Such excise tax shall be in the form of a stamp

1458

JouRNAL OF THE HousE, .

in such denominations as will best carry out the provisions or the law. Said stamps shall be properly safeguarded as to their manuracture,preservation and distribution and shall be in the charge or the State Department of Agriculture.
Section 2. That the State Department of Agriculture is hereby empowered to promulgate such rules and regulations as are consistent with the provisions of this Act.
Section 3. Any person violating any or the provisions or this Act, or any of the rules or regulations promulgated by the State Department of Agriculture for the purpose of carrying out its provisions, shall be guilty or a misdemeanor, and upon conviction shall be fined in any sum not less than twenty-five($25.00) dollars nor more than two hundred ($200.00) dollars,or by confinement in any county jail not to exceed two months,or by both such fines and imprisonment.
Section 4. Proceeds or sales or stamps hereunder shall be paid into the general fund of the State. There is hereby appropriated from the general funds of the State the sum of One Thousand ($1,000.00) dollars,which shall be available upon order of the State Department or Agriculture to pay the cost of printing the necessary stamps provided for in this Act.
Section 5. This Act shall take effect upon its approval by the Governor.
Section 6. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
The House was resolved into the Committee of the Whole House for the purpose or considering House Bill No.392, and the Speaker designated Mr. Flynt of Spalding as the Chairman thereof.

TuESDAY, FEBRUARY 26, 1935.

1459

The Committee of the Whole House arose and through its Chairman reported House Bill No.392 back to the House with the recommendation that same do pass as amended.

Mr. Parker of Colquitt moved to table the bill, and the motion was lost.

Mr. Sutton of Wilkes moved the previous question, and the motion prevailed.

The following Comrr.attee amendment to House Bill No.392 was adopted:

The Committee moves to amend House Bill No.392 by adding in the caption thereof after the words "peanut oil" and before the words "corn oil", the words "pecan oils" and by adding in section one thereof after the words "peanut oils" and before the words "corn oil11 the words "pecan oils 11

The report of the Comm1ttee,which was favorable to the passage of the bill,as amended, was agreed to.

On the passage of the bill,as amendedithe roll call was ordered and the vote was as to lows:

Those voting in the affirmative were Messrs.:

Allen

Brown of Pike

Almand of Fulton Bush

Anderson

Campbell

Ansley of Lee Caswell

Arnall

Claxton of John-

Atwood

son

Bannister

Clements of

Batchelor

Wheeler

Bond

Cohen

Bloodworth

Colemn

Brisendine

Culpepper of Ec-

Brooks Brown of Glyrm

hols Davis of Troup

Brown of Greene Deal

Dean DeLoach Dorris Douglass Durden Edwards of Lowndes Edwards of Ste-
phens Ennis Etheridge Freemn of Bibb Gammage Gardner

1460

JouRNAL -oF THE HousE,

Garrett

McBride

Sammon

Gilbert

McCranie

SartC:'in

Gnann

McGraw

Scruggs

Goolsby

McKelvey

Settle

Grayson

McNall

Shedd

Green

Mallory

Smith of Madison

Griffin of Floyd Mann

Spivey

Groover

Manning

Standard

Groves

Martin

Stephens

Guess

Moore of Clay- Sutton

Hammock

ton

Terrell of Hall

Hampton

Moore of Haral- Terrell of Warren

Hand

son

Thompson

Harris

Musgrove

Thrasher

Harrison

Neal

Tipton

Herndon

Newby

Toms

Hefner

Oden

Townsend

Henderson

Parham

Twitty

Hogan

Parker of Union Warnell

Hogg

Parks

Watson

Holland

Parr

Weeks

Jackson of Bleck- Patten of Cook Welsch

ley

Patten of Tift West

Jackson of Haber- Peebles

Williams of Ba-

sham

Peek

con

Joel

Peters

Williams of Cof-

Johnston

Preston of Bul- fee

Kelley

loch

Williams of Jack-

Lanier

Preston of Wal- son

Lee

ton

Williams of Jones

Leonard of Wal- Rawlins

Wilson

ker

Ray

Wrench

Lewallen

Reagan

Young

Those voting in the negative were Messrs.:

Ansley of DeKalb Booth Black Blease Brinson Clements of Cal-
houn Cobb

Dyer

Leonard of Mus-

Gavin

cogee

Hartsfield

Lewis

Howard of Chatta- Lindsay

hoochee

McCutchen

Howard of Screven Milam

Jones of Brant- Minchew

ley

Morris

TuESDAY, FEBRUARY 26, 1935.

1461

Moye

Sabados

Watkins

Parker of Col- Shirah

quitt

([.1)
By

See Appendix unanimous co

n1Vsoelnutm,teh

I e

,fo ve

r r

i

t f

hose icati

no on

tv of

oti th

n e

g. ro

l

l

call was dispensed with.

On the passage of the bill,as amended, the ayes were 1261 nays 25.
The bill having received the requisite constitutional majority was passed,as amended.

By unanimous consent,the bill was ordered immediately transmitted to the Senate.

By unanimous consent, the Clerk was instructed to correct all typographical errors in the bill.

Mr. Harris of Richmond moved that the House do now adjourn until 9:00 o'clock tomorrow morning, and the motion prevailed.

Leaves of absence were granted to Messrs.Terrell of Troup, because of official business, Gammage of Terrell, and Hooks of Glascock.

The Speaker announced the House adjourned until tomorrow morning at 9:00 o'clock.

1462

JouRNAL OF THE HousE,

Representative Hall, Atlanta, Ga.

Wednesday, February 27, 1935.

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

Campbell

Ennis

Allen

Caswell

Etheridge

Almand of Fulton Claxton of Cam- Felton

Almand of Walton den

Flynt

Anderson Ansley of DeKalb

Claxton of John- Fowler

son

Freeman of Bibb

Ansley of Lee Arnall Atwood Bannister Bargeron Barnard

Clements of Cal- Freeman of Early

houn

Gammage

Clements of

Gardner

Wheeler Cobb Cohen

Garrett Gavin Gilbert

Barrett

Coleman

Gnann

Batchelor

Coxon

Goolsby

Bennett

Culpepper of Ec- Grayson

Benton

hols

Green

Bond

Culpepper of

Griffin of De-

Booth

Fayette

catur

Bowden Black Bland Blease

Darnell Daughtry Davis of Troup Deal

Griffin of Floyd Groover Groves Guess

Bloodworth Bradley

Dean DeLoach

Hammock Hampton

Brinson

Dobbins

Hand

Brisendine Brooks Brown of Glynn

Dorris Douglas Durden

Harris Harrison Hartsfield

Brown of Greene Dyer

Herndon

Brown of Pike Edwards of

Head

Burgin

Lowndes

Hefner

Bush Camp

Edwards of Ste- Henderson

phens

Hogan

WEDNESDAY, FEBRUARY 27, 1935.

1463

Hogg

Mitchell of Scruggs

Holland

Lamar

Settle

Hooks

Mitchell of Shedd

Horton

Taliaferro Shirah

Houston

MOore ot Clay- Srrdth of Madison

Howard of

ton

Smith or Webster

Chattahoochee Moore ot Haral- Spivey

Howard or Screven son

Standard

Jackson of

Morris

Stephens

Blackley

Moye

Sutton

Jackson ot

MundY

SWindle

Habersham

MUsgrove

Teasley

Joel

Neal

Terrell of Hall

Johnson

Newby

Terrell ot Troup

JohnSton

Oden

Terrell of Warren

Jones of

Parham

Thompson

Brantley

Parker of Col- Thrasher

Jones of Lumpkin quitt

Tipton

Kelley

Parker of Union Toms

Lanier

Parks

Townsend

Lee

Parr

Twitty

Leonard of Musco- Patten or Cook Warnell

gee

Patten of Tift Watkins

Leonard of Walker Peebles

Watson

Lewallen

Peek

Weathers

Lewis

Perry

Weeks

Lindsay

Peters

Welsch

McBride

Pound

West

McCracken

Preston of Bul- Whaley

McCranie

loch

Whitmire

McCutchen

Preston or Wal- Williams of Bacon

McGraw

ton

Williams of Coffee

McKelvey

Ramsey

Williams of Jack-

McNall

Rawlins

son

Mallory

Ray

Williams of Jones

Mann

Reagan

Willingham

Manning

Ross

Wilson

Marshall

Sabados

Woods

Martin

Salte1

Wrench

Milam

Sammon

Young

Mills

Sartain

Zellner

Minchew

Saunders

Mr. Speaker

(65) See Appendix,Volume I ,tor absentees.

1464

JouRNAL oF THE HousE,

Mr. Deal of Bulloch,Acting-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, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions under the Rules of the House.
2. Reports of Standing Committees. 3. Second reading of bills and resolutions,favorably reported. 4. Third reading and passage of local uncontested House Bills. 5. First reading and reference of Senate Bills and Resolutions. 6. Third reading and passage of House Bill No.l05. 7. Third reading and passage of House Bill No.530. By unanimous consent, the following bill of the House was recommitted to the Committee on Education No.2: By Mr. Rivers of Lanier. House Bill No.511. A bill to be entitled an Act to equalize educational opportunity in the following manner: to provide for a school year of seven months minimum duration, and for other purposes. By unanimous consent, the following bills and resolutions of the House were int~oduced,read the first time, and referred to the Committees: By Mr. Herndon of Hart. House Bill No.7&~. A bill to be entitled an Act to create the office of Commissioner of Roads and Revenues of Hart County, and for other purposes. Referred to Committee on Counties and County Matters.

WEDNESDAY, FEBRUARY 27, 1935.

1465

By Messrs. Jones of Brantley,Brown of Glynn and Oden of Pierce.
House Bill No.766. A bill to be entitled an Act to amend the Neill-Traylor Bill by adding a road in Glynn,Brantley and Pierce Counties, and for other purposes.

Referred to Committee on Counties and County Matters.

By Messrs. House Bi

H ll

artsfiel No.767.

dA1RbamilsleytoandbeAelmnatnidtl

of ed

Fulton. an Act

to repeal an Act establishing the City Court of

Atlanta, and for other purposes.

Referred to Committee on Counties and County Matters.

By Messrs. Hartsfield, Ramsey and Almand of Fulton. House Bill No.768. A bill to be entitled an Act
to add an additional Judge to the Superior Court of the Atlanta Judicial Circuit, and for other purposes.

Referred to Committee on Counties and County Matters.

By Messrs. House Bi

lAl lmNaon.d7o1R9.amAseby

and ill

t

H o

art be

sfield entitl

of ed

Fulton. an Act

to amend an Act establishing juvenile courts in cer-

tain counties,by fixing the salary of the judge of

said court in Fulton County, and for other purposes.

Referred to Committee on Counties and County Matters.

By Messrs. AlmandL Ramsey and Hartsfield of Fulton. House Bill No.7ro. A bill to be entitled an Act
to amend an Act fixing the salary of the Judges of Ci~y Court of Fulton County, so as to reduce and fix the salary of the Judges, and for other purposes.

Referred to Committee on Counties and County Matters.

1466

JouRNAL oF THE HousE,

By Messrs. Alman~ Ramsey and Hartsfield or Fulton. House Bill No.rrl. A bill to be entitled an Act
to amend an Act establishing the Criminal Court ot Atlanta, so as to refix the salaries or the Judge, Solicitor and Deputy Solicitor, and tor other purposes.
Referred to Committee on Counties and County Matters. By Messrs. Almand, Ramsey and Hartsfield or Fulton.
House Bill No.772. A bill to be entitled an Act to amend an Act abolishing the tee system existing in the Superior Court of the Atlanta Judicial Circuit as applied to Solicitor General, so as to reduce and fix the salary of the Solicitor, and tor other purposes.
Referred to Committee on Counties and County Matters. By Messrs. Almand, Ramsey and Hartsfield of Fulton.
House Bill No.773. A bill to be entitled an Act to supplement the salaries or Fulton County Judges of Superior Court, from Fulton County Treasury,and tor other purposes.
Referred to Committee on Counties and County Matters. By Mr. Brown of Green.
House Bill No.774. A bill to be entitled an Act to amend the Charter of Greensboro, to provide tor compensation or aldermen, and tor other purposes.
Referred to Committee on General Judiciary.No.2. By Messrs. Harris of Richmond, Claxton of Johnson and Arnall of Coweta.
House Bill No.775. A bill to be entitled an Act to require the State Revenue Commission to furnish County Tax Receivers with certain information regarding licensed motor vehicles,and tor other purposes.
Referred to Committee on Ways and Means.

WEDNESDAY, FEBRUARY 27, 1935.

1467

By Messrs. Green of Rabun,Townsend of Dade and Griffin of Decatur.
House Bill No.776. A bill to be entitled an Act to prevent Ordinaries or County Commissioners from paying turn keys or board to Sheriffs or jailers on any person previously convicted and probated, and for other purposes.
Referred to Committee on General Judiciary No.2. By Messrs. Spivey of Emanuel and Claxton of Johnson.
House Bill No.777. A bill to be entitled an Act amending Section 92-2011 of Chapter 92-20, so as to include persons who travel and/or haul live stock in trucks, for sale or trade for profit,with persons other than authorized live stock dealers, and for other purposes.
Referred to Committee on Ways and Means. By Mr. Moore of Clayton.
House Bill No.778. A bil~ to be entitled an Act to amend an Act incorporating the town of Forest Park, to prescribe its limits, and for other purposes.
Referred to Committee on ~unicipal Government. By Mr. Brown of Glynn.
House Bill No.779. A bill to be entitled an Act to amend Section 23-1401 of 1933 Code relative to appointment of county police,by providing that Glynn County shall use and employ as county police,members of police department of Brunswick, and for other purp_oses.
Referred to Committee on Counties and County Matters. By Mr. Brown of Glynn.
House Bill No.780. A bill to be entitled an Act to amend an Act amending an Act creating a Charter for the City of Brunswick, so as to provide that the city manager must be a resident of said city

1468

JollltNAL oF THE HousE,

for two years prior to his election, and for other purposes.
Referred to Committee on Counties and County Matters. By Mr. Green of Rabun.
House Resolution No.l74-780a. A resolution to relieve Jesse Taylor as surety on bond in Rabun County Superior Court, and for other purposes.
Referred to Committee on Special Judiciary. By Mr. Standard of Wilcox.
House Resolution No.l75-780b. (By unanimous consent) A resolution to pay L. H. Glenn, certain monies, and for other purposes.
Referred to Committee on Special Appropriations. By Mr. Williams or Jackson.
House Resolution No.l76-780c. A resolution to refund the Northeastern Banking Company of Commerce, certain funds, and for other purposes.
Referred to Committee on Special Appropriations. By Mr. DeLoach of Evans.
House Bill No.781. A bill to be entitled an Act to amend an Act creating the office or Tax Commissioner or Evans County so as to fix the amount of bond and fix the salary, and for other purposes.
Referred to Committee on Counties and County Matters. By Mr. Watkins of Oglethorpe.
House Bill No.782. A bill to be entitled an Act to add a road in Taliaferro and Oglethorpe Counties to State Highway System, and for other purposes.
Referred to Committee on Public Highways No. 2.

WEDNESDAY, FEBRIJARY 27, Hl33.

1469

By Mrs. Coxon of Long. House Bill No.783. A bill to be entitled an Act
to amend Section 27-2506 of 1933 Code so as to provide that no female convict under 18 years of age shall be sentenced to labor and confinement in the Womans Prison on State Farm, and for other purposes.
Referred to Committee on Public Welfare. By Messrs. Harris, Lanier and Barrett of Richmond.
House Bill No.784. A bill to be entitled an Act to provide that the Solicitor General of Augusta Circuit shall have power to appoint a clerk,for his office, and for other purposes.
Referred to Committee on Counties and County Matters. By Mr. Warnell of Bryan.
House Bill No.785. A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Bryan County and create the office of Tax Commissioner, and for other purposes.
Referred to Committee on Counties and County Matters. By Messrs. Lindsay,Guess and Ansley of DeKalb.
House Bill No.786. A bill to be entitled an Act to amend an Act providing for a new Charter for Decatur, so as to change the time for closing registration books of said city, and for other purposes.
Referred to Committee on Municipal Government. By Messrs. Lindsay,Guess and Ansley of DeKalb.
House Bill No.787. A bill to be entitled an Act to amend an Act providing for a new Charter for Decatur, so as to authorize said town to enter into contracts with other cities to supply water and sewer connections, and for other purposes.
Referred to Committee on Municipal Government.

1470

JouRNAL o~ THE HousE,

By Messrs. Lindsay,Guess and Ansley of DeKalb. House Bill No.788. A bill to be entitled an Act
to amend an Act providing a new Charter for Decatur, so as to change the form of ballot used in holding elections, and for other purposes.
Referred to Committee on Municipal Government. Mr. Whitmire of Dawson County Chairman of the Committee on Academy for the Bllnd, submitted the following report: Mr. Speaker: Your Committee on Academy for the Blind have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendation: House Bill No. 745, do pass.
Respectfully submitted, Whitmire of Dawson, Chairman.
Mr. Peters of Meriwether County, Chairman of the Committee on Banks and Banking,subm1tted the following report: Mr. Speaker:
Your Committee on Banks and Banking have had under consideration the following bills of the House and Senate and have instructed me as Chairman,to report the same back to the House with the following recommendations:
House Bill No. 727, do pass, by substitute. Senate Bill No. 57, do pass, as amended.
Respectfully submitted, Peters of Meriwether, Cha1rrran.

WEDNESDAY, fEBRUARY 27, 1935.

1471

l1r. Shedd of Wayne County Chairman of the Committee on Conservation, submitted the following report: Mr. Speaker:
Your Committee on Conservation have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendation:
House Bill No. 439, do pass. Respectfully submitted, Shedd of Wayne, Chairman.
Mr. Brown of Glynn County, Chairman of the Committee on Counties and County Matters, submitted the following report: Mr Speaker:
Your Committee on Counties and County Matters have had under consideration the following bills of the House and have instructed me as Chairman,to report the same back to the House with the following recommendations:
House Bill No. 670, do pass. House Bill No. 671, do pass, as amended. House Bill No. 672, do pass. House Bill No. 600, do pass. House Bill No. 499, do pass.
Respectfully submitted, Brown of Glynn, Chairman.
Mr. Howard of Screven County, Chairman of the Committee on Education No. 1, submitted the following report: Mr. Speaker:
Your Committee on Education No. 1 have had under

1472

JouRNAL oF THE HousE,

consideration the following bills and/or resolution of the House and have instructed me as Chairman,to report the same back to the House with the following recommendations:
House Bill No. 754, do pass. House Bill No. 601, do pass. House Resolution No. 126-605e, do not pass.
Respectfully submitted, Howard of Screven, Chairman.
Mr. Rawlins of Ben Hill County, Chairman of the Committee on Game and Fish, submitted the following report: Mr. Speaker:
Your Committee on Game and Fish have had under consideration the following bill of the House and have instructed me as Chairman to report the same back to the House with the foliowing recommendation:
House Bill No. 743, do pass. Respectfully submitted, Rawlins of Ben Hill, Chairman.
Mr. Guess of DeKalb County, Chairman of the Committee on General Judiciary No. 1, submitted the following report: Mr. Speaker:
Your Committee on General Judiciary No. 1 have had under consideration the following bills of the House and Senate and have instructed me as Chairmanito report the same back to the House with the fol owing recommendations:
House Bill No. 109, do pass. House Bill No. 360, do pass, as amended.

WEDNESDAY, FEBRUARY 27, 1935.

1473

House Bill No. 118, do pass.

House Bill No. 104, do pass.

House Bill No. 570, do pass.

House House

Bill Bill

No. No.

4274501,

do do

pass, pass.

as

amended.

House Bill No. 602, do pass.

House Bill No. 188, do not pass.

House Bill No. 150, do pass.

House Bill No. 201, do not pass.

House Bill No. 396, do pass.

Senate Bill No. 34, do pass, by substitute.

Senate Bill No. 83, do pass.

Senate Bill No.l39, do not pass.

Senate Bill No.l38, do not pass.

Senate Bill No. 15, do pass.

Senate Bill No. 41, do pass.

Senate Bill No. 82, do pass, as amended.

Respectfully submitted, Guess ot DeKalb, Chairman.

teMe ro.nDGoernriesraol tJuCdriiscpiaCryouNnot.y~,

Chairman o! the Commitsubmitted the follow-

ing report:

Mr. Speaker:

Your Committee on General Judiciary No. 2 have had under consideration the following bills or the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

House Bill No. 95, do pass. House Bill No. 93, do not pass. House Bill No.l93, do pass. House Bill No.448, do pass. House Bill No.464, do pass. House Bill No.336, do pass. House Bill No.536, do pass. House Bill No.598, do pass. House Bill No.650, do pass. House Bill No.616, do pass.

1474

JouRNAL OF THE HousE,

House Bill No. 614, do pass. House Bill No.- 637, do pass. House Bill No. 356, do not pass. House Bill No. 535, do pass. House Bill No. 741, do pass.
Respectfully submitted, Dorris or Crisp, Chairma.n.
Mr. Sartain or Walker County,Chairman o! the Committee on Historical Research, submitted the following report: Mr. Speaker:
Your Committee on Historical Research have had under consideration the following bill or the House and have instructed me as Chairman to report the same back to the House with the roilowing recommendation:
House Bill No. 631, do pass. Respectfully submitted, Sartain of Walker, Chairman.
Mr. Peek or Polk County,Cbairman of the Committee on Hygiene and Sanitation,submitted the following report: Mr. Speaker:
Your Committee on Hygiene and Sanitation have had under consideration the following bills or the House and have instructed me as Chairman,to report the same back to the House with the following recommendations:
House Bill No. 695, do pass. House Bill No. 747, do pass.

WEDNESDAY, FEBRUARY 27, 1935.

1475

House Bill No. 750, do not pass. House Bill No. 735, do not pass.
Respectfully submitted, Peek of Polk, Chairman.
Mr. Musgrove of Clinch County, Chairman of the Committee on Public Highways No. 2, submitted the following report: Mr. Speaker:
Your Committee on Public Highways No. 2, have had under consideration the following bills and/or resolutions of the House and/or Senate and have instructed me as Chairman to report the same back to the House with the foliowing recommendations:
House Bill No. 617, do pass. House Bill No. 629, do pass, by substitute. House Bill No. 644, do pass. House Bill No. 648, do pass. House Bill No. 649, do pass. House Bill No. 664, do pass. House Bill No. 668, do pass. House Bill No. 675, do pass, by substitute. House Bill No. 721, do pass. House Bill No. 736, 'do pass. House Bill No. 744, do pass, by substitute. House Resolution No. 170-763b, do pass. House Resolution No. 171-763c, do pass. Senate Bill No. 28, do pass. Senate Bill No. 71, do pass. Senate Bill No.llO, do pass. House Bill No. 583, do not pass. House Resolution No. 125-605d, do not pass.
Respectfully submitted, Musgrove of Clinch, Chairman.
Mr. Bradley o! Tattnall County, Chairman of the Committee on State Prison Farm, submitted the following report:

1476

JouRNAL OF THE HousE,

Mr. Speaker: . Your Committee on State Prison Farm bave had under consideration the following resolution of the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendation:
Senate Resolution No. 27, do pass. Respectfully submitted, Bradley of Tattnall, Chairman.
Mr. Mundy of Polk County, Chairman of the Committee on University System of Georgia, submitted the following report: Mr. Speaker:
Your Committee on University System of Georgia have had under consideration the following bill of the House and have instructed me as Chairman to report the same back to the House with the foliowing recommendation:
House Bill No. 132, do pass, by substitute. Respectfully submitted, Mundy of Polk, Chairman.
Mr. Spivey of Emanuel County, Chairman of the Committee on Ways and Means, submitted the following report: Mr. Speaker:
Your Committee on Ways and Means have had under consideration the following bills and/or resolution of the House and/or Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
Senate Bill No. 69, do pass.

WEDNESDAY, FEBRUARY 27, 1935.

1477

Senate Resolution No. 25, do pass. House Bill No. 640, do pass. House Bill No. 676, do pass. House Bill No. 701, do pass.

Respectfully submitted, Spivey of Emanuel, Chairman.

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

By Senator Kirkland of the 49th District. Senate Bill No. 15. A bill to be entitled an Act
to define the offense for kidnapping,and providing tor the punishment therefor, and for other purposes.

By Senator Lester of the 18th District. Senate Resolution No. 25. A resolution. to relieve
the Roman Catholic Society in the City of Augusta.

~Y Senator Beasley of the 2nd District.

Senate Resolution No. 27. A resolution authorizing

the State Highway Department to purchase and retire

bonds of Cedarhaw School District of the par value

of pu

$3,000
rchase

o1 fwtiht

h e

unexpended funds set apart State Prison Farm, and for

for the other

purposes.

By Senator Chappell of the 13th District. Senate Resolution No. 28. A resolution to instruct
the Highway Department to pave certain roads,and for other purposes.

By Senator Crawford of the 42nd District. Senate Bill No. 34. A bill to be entitled an Act
to authorize prosecuting officers to prefer accusations in felony cases returnable to the Superior Court of this State, and for other purposes.

By Senator Kirkland of the 49th District. Senate Bill No.41. A bill to be entitled an Act
defining the relationship of Judges and Jurors,and

1478

JouRNAL oF THE HousE,

when they shall be disqualified, and for other purposes.

By Senators Scott of the 7th District, Vaughn-of the 34th District, and others.
Senate Bill No. 57. A bill to be entitled an Act to amend section 1249 of the Code ot 1910,providing for the selection by the Governor of banks in certain cities and towns therein named as depositories, so as to add certain cities and towns to the lists of such towns and cities, and for other purposes.

By Senator Pope of the 15th District. Senate Bill No. 69. A bill to be entitled an Act
to amend an Act approved August 18,1919,so as to provide rules of eligibility for applicants for disabled veterans license, and tor other purposes.

By Senators Duncan of the 23rd District and Carswell of the 21st District.
Senate Bill No. 71. A bill to be entitled an Act to increase the Neill-Traylor Act by adding a road in Houston and Twiggs Counties, and for other purposes.

By Senator Vaughn of the 34th District.

.

Senate Bill No. 82. A bill to be entitled an Act

to define the practice of Physiotherapy and to regu-

late the practice thereof.

By Senator King of the 11th District. Senate Bill No. 83. A bill to be entitled an Act
to amend Section 13-1901 of the Code of Georgia of 1933 which imposes liability upon the stockholders of banks to depositors in an amount equal to the face value of their shares, and to strike Section 13-822, and tor other purposes.

By Mr. Brinson of Muscogee. House Bill No. 95. A bill to be entitled an Act
to provide tor the waiving of all costs,interest,ti. ta. cost tor delinquent poll tax payment,to provide tor the principal amount to be paid only, and for other purposes.

WEDNESDAY, FEBRUARY 27, 1935.

1479

By Messrs. Gardner or Candler and Woods or Emanuel. House Bill No. 104. A bill to be entitled an Act
defining the relationship of Judges and Jurors and when they shall be disqualified, and for other purposes.

By Mr. Sutton of Wilkes. House Bill No. 109. A bill to be entitled an Act
to provide that the punishment for armed robbery shall be death, and for other purposes.

By Senator Gaskins of the 6th District. Senate Bill No.llO. A bill to be entitled an Act
to amend the Traylor-Neill Bill so as to include a road in Berrien and Atkinson Counties, and for other purposes.

By Mr. Almand of Fulton. House Bill No. 118. A bill to be entitled an Act
to define the offense of kidnapping an individual with intent to hold for extorting,robbing or exacting money or other valuable things; to fix the penalty, and for other purposes.

By Messrs. Terrell, Davis and Groover or Troup. House Bill No. 132. A bill to be entitled an Act
to authorize the Board or Regents to dispose or real estate and personal property,and for other purposes.

By Mr. Hefner of White. House Bill No. 150. A bill to be entitled an Act
to authorize constables to levy and collect fi.fas. that issue from the Superior,City, County and Courts of Ordinary, and for other purposes.

By Mr. Batchelor of Putnam.

House Bill No. 193. A bill to be entitled an Act

to provide that robbery by force or intimidation with deadly weapons shall be punishable by death



or life imprisonment, upon the recommendation of

mercy by the trial jury, and for other purposes.

1480

JouRNAL oF THE HousE,

By Mr. Culpepper of Fayette. House Bill No. 275. A bill to be entitled an Act
to define the practice of Physiotherapy; to regulate the practice thereof, and for other purposes.

By Mr. Holland of Chattooga. House Bill No. 336. A bill to be entitled an Act
to extend the maturity of all bills,notes,accounts and other evidences of indebtedness during any period :1n which the withdrawal. of deposits from banks is limited or discontinued by any proclamation by the Governor of Georgia or the President of the United States, and for other purposes.

By Messrs. Hartsfield, Ramsey and Almand of Fulton. House Bill No. 360. A bill to be entitled an Act
to regulate the manner of selling tax fi.fas.,to fix methods of bidding, and for other purposes.

By Mr. Booth of Barrow. House Bill No. 396. A bill to be entitled an Act
to cancel the indebtedness of citizens of Georgia to the State for all poll taxes due prior to January 1, 19351 and for other purposes.

By Nessrs .Mitchell of Taliaferro and Sutton of Wilkes.

House Bill No. 439. A bill to be entitled an Act

t t

o amend horize t

Ti he

tle St

43 ate

1

Chapter 43-2 Commission of

of 1933 Code, to auForestry and Geolog-

ical Development to establish state parks,and for

other purposes.

By Messrs.Guess of DeKalb, Arnall of Coweta and Culpepper of Fayette.
House Bill No. 440. A bill to be entitled an Act to provide for bail and security in cases involving a violation of the motor vehicle laws of Georgia wherein the offense charged is not beyond the degree of misdemeanor,and for other purposes By Mr. Edwards of Lowndes.
House Bill No. 448. A bill to be entitled an Act to amend an Act creating a permanent qualification book for the qualified voters of this state,so as to clerify same,and for other purposes.

WEDNESD~Y, FEBRuARY 27, 1935.

1481

By Messrs. Spivey of Emanuel and Claxton of Johnson. House Bill No.464. A bill to be entitled an Act
to amend Title 3,Chapter 3-5,Section 3-505 of 1933 Code so as to provide for the survival of rights of action in case of the death of either party, and for other purposes. By Mr. Newby of Dooly.
House Bill No.499. A bill to be entitled an Act to amend Section 95-805 of Chapter 95-8 of 1933 code, by exempting citizens of certain counties from payment of commutationtax, and for other purposes. By Messrs. Durden and Sabados of Dougherty.
House Bill No.535. A bill to be entitled an Act to regulate the sale of firearms,including machine guns, and for other purposes. By Messrs. Durden and Sabados of Dougherty.
House Bill No.536. A bill to be entitled an Act to require physicians and surgeons to make reports of all treatments of applications for treatment of persons suffering ~rom gun shot or knife wounds,and for other purposes. By Mr. Leonard of Muscogee.
House Bill No.570. A bill to be entitled an Act to provide that there shall be a presumption of fraud on the part of any person seeking or receiving any contract or release in connection with any claim for damages arising out of any accident,within 7 days after such accident, and for other purposes. By Messrs. Bannister and Tipton of Thomas.
House Bill No.598. A bill to be entitled an Act to amend Section 6167 of the 1910 Code with reference to the filing of bills of exceptions ~nd the time of making out and transcribing transcripts of record by increasing the time within which the . clerk's duty may be performed, and for other purposes. By Messrs. Hartsfield,Ramsey and Almand of Fulton and Freeman and Bloodworth of Bibb.
House Bill No. 600. A bill to be entitled an Act

1482

JouRNAL OF THE HousE,

to repeal an Act approved August 19,1912; to amend an Act approved August 15, 1910 so as to provide for a salary for the members of the Board of Examiners of Stationery Engineers, and for other purposes. By Mr. Ramsey of Fulton.
House Bill No.60l. A bill to be entitled an Act to confer authority on the State Board of Education to license teachers employed in the public schools, and for other purposes. By Messrs. Harris of Richmond and Cohen of Chatham.
House Bill No.602. A bill to be entitled an Act to increase the powers and duties of temporary administrators,pending appointment as permanent administrators, and for other purposes. By Mr. Almand of Fulton.
House Bill No.614. A bill to be entitled an Act to amend Section 37-1503, Title 37 of 1933 Code relating to the rights of parties to interpleade by allowing to said parties court costs and attorney fees for filing of such pleas, and for other purposes. By Mr. Almand of Fulton.
House Bill No.616. A bill to be entitled an Act to amend Section 46-301 of Code of 1933 relating to answer of garnishees, and for other purposes. By Messrs. Edwards and Coleman of Lowndes.
House Bill No.617. A bill to be entitled an Act to increase the State Aid Road System mileage by adding a road in Lowndes and Brooks Counties, and for other purposes. By Mr. Gavin of Clay.
House Bill No.629. A bill to be entitled an Act to increase the mileage of State Aid Road System by adding a road in Clay and Early Counties, and for other purposes. By Messrs. Stephens and Hogan of Laurens.
House Bill No.63l. A bill to be entitled an Act

WEDNESDAY, FEBRUARY 27, 1935.

1483

to appoint a commission to perpetuate the memory of Governor Troup; and for other purposes.

By Messrs. Stephens of Laurens, Lee of Pulaski and others.
House Bill No.637. A bill to be entitled an Act to provide additional compensation for official stenographic reporters of the Superior Courts of certain counties, and for other purposes.

By Mr. Harris of Richmond. House Bill No.640. A bill to be entitled an Act
to amend an Act providing for occupation tax on all distributors of motor fuels and kerosene, and for other purposes.

By Mr. Whaley of Telfair.

.

House Bill No.644. A bill to be entitled an Act

to amend the Neill-Traylor Act so as to add mileage

by adding a road in Dodge and Telfair Counties, and

!or other purposes.

By Mr. Brisendine of Peach. House Bill No.648. A. bill to be entitled an Act
to amend the Neill-Traylor Act so as to add a road in Peach and Taylor Counties, and for other purposes.

By Messrs. Jones of Brantley and Claxton of Camden. House Bill No.649. A bill to be entitled an Act
to amend the Neill-Traylor Act, so as to add a road in Camden and Brantley Counties, and for other purposes.

By Messrs. Rivers of Lanier, Townsend of Dade and Head of Catoosa.
House Bill No.650. A bill to be entitled an Act to prohibit the sale of real estate under execution, power of sale or any other process by lien holders where the title 1s in dispute or 1s defective, and for other purposes.

By Messrs. Zellner of Monroe and Mitchell of Lamar. House Bill No.664. A bill to be entitled an Act

1484

JouRNAL oF THE HousE,

to amend an Act known as Neill-Traylor Act, so as to include a road in Lamar,Monroe and Butts Counties, and for other purposes. By Messrs. Black of Forsyth,Whitmire of Dawson and Jones of Lumpkin.
House Bill No.668. A bill to be entitled an Act to amend the Neill-Traylor Act by adding a road in Forsyth,Dawson and Lumpkin Counties, and for other purposes. By Messrs. Hartsfield~ Almand and Ramsey of Fulton.
House Bill No.670. A bill to be entitled an Act to provide that no person,firm or corporation shall establish any dance hall,boxing or wrestling arena in any county of 200,000 population without permission of the County Commissioners, and for other purposes. By Messrs. Hartsfield, Ramsey and Almand of Fulton.
House Bill No.671. A bill to be entitled an Act to require the tax receiver of Fulton County to list in the white and colored tax digests respectively, the names of the tax payers in continuous alphabetical order, and for other purposes. By Messrs. Hartsfield, Ramsey and Almand of Fulton.
House Bill No.672. A bill to be entitled an Act to authorize the Judges of Superior Court in counties where there is a Municipal Court to transfer civil cases, and for other purposes. By Mr. Mann of Toombs.
House Bill No.675. A bill to be entitled an Act to amend the Neill-Traylor Act,so as to add a road in Toombs County, and for other purposes. By Messrs. Arnall and Dyer of Coweta and Spivey of Emanuel.
House Bill No.676. A bill to be entitled an Act to impose and fix a license of $1,000 on each person collecting rents or fees on copy-righted music, books, radio programs or patents, and for other purposes.

WEDNESDAY, FEBRUARY 27, 1935.

1485

By Mr. Douglass of Talbot. House Bill No.695. A bill to be entitled an Act to
regulate the sale of prophylactics and contraceptives, and for other purposes. By Messrs. Jackson of Blackley and Gnann of Effingham.
House Bill No.?Ol. A bill to be entitled an Act to regulate wholesale and truck dealers and farm produce and commodity and to tax the same, and for other purposes. By Mr. McCracken of Jefferson.
House Bill No.721. A bill to be entitled an Act to amend the Neill-Traylor Act, so as to add a road in Jefferson County, and for other purposes. By Mr. Peters of Meriwether.
House Bill No.727. A bill to be entitled an Act to provide for the lapsing of appropriations not withdrawn from the Treasury by warrant of the Governor, and for other purposes. By Messrs. Douglass of Talbot and Johnston of Upson.
House Bill No.736. A bill to be entitled an Act to amend the Neill-Traylor Act by adding a road in Talbot and Upson Counties, and for other purposes. By Mr. Thompson of Muscogee.
House Bill No.741. A bill to be entitled an Act to regulate boxing and wrestling, and for other pur~ poses. By Mr. Williams of Bacon.
House Bill No.743. A bill to be entitled an Act to amend Section 45-501 of 1933 Code, so as to vest in the Commissioner of Game and Fish power and authority to permit fishing in any fresh water stream likely to run dry, and for other purposes. By Messrs. Gilbert and Scruggs of Washington.
House Bill No.744. A bill to be entitled an Act to amend thf Neill-Traylor Act, so as to add a road in Washing~Jn County, and for other purposes.

1486

JouRNAL OF THE HousE,

By Messrs. Spivey of Emanuel, Freeman of Bibb, Claxton of Johnson.
House Bill No.745. A bill to be entitled an Act to promote public health,safety,morals and general welfare by prohibiting the promotion of marathon dances, and for other purposes.

By Mr. Peek of Polk. House Bill No.747. A bill to be entitled an Act
to amend Section 88-1212 of 1933 Code by substituting the words Director of the Department of Public Health for State Board of Health, and for other purposes.

By Messrs. Terrell and West of Hall. Hou8e Bill No.754. A bill to be entitled an Act
to amend an Act establishing the Lula School Dis~rict, by further defining the powers and duties of the Secretary, and for other purposes.

By Messrs. Bloodworth, Freeman and Bowden of Bibb. House Resolution No.l70-763b. A resolution desig-
nating part of State Route No. 42 as the Eugene Talmadge Highway.

By Messrs. Bloodworth, Freeman and Bowden of Bibb.

House Resolution No.l71-763c. A resolution desig-

nating Street

the bridge over the Ocmulgee in tlacon,Bibb County, as the

Rw.ivLe.r

at Spring (Young)

Stribling Memorial Bridge.

By unanimous consent, the following bills of the House were read the third time,and placed upon their passage:

By Messrs. Hartsfield,Almand and Ramsey o.f Fulton. House Bill No.345. A bill to be entitled an Act
to amend an Act establishing a new Charter for the City of Atlanta, reducing the number of Wards from 13 to 6, and for other purposes.

The following Committee amendment was adopted:

WEDNESDAY, FEBRUARY 27, 1935.

1487

The Committee on MUnicipal Government moves to amend House Bill No.345 by striking the words "together with a chairman of the school committee of the General Council, so that said Board so constituted shall consist of seven members" the same appearing in section 6, lines three,four, and five of said bill.

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

On
were

the 123,

pnaasysasgoe .

of

the

bill,

as

amended,

the

ayes

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

By Mr. Marshall of Macon. House Bill No.660. A bill to be entitled an Act to
fix the amount of the bond of the Sheriff of Macon County, and for other purposes.

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

On
nays

oth. e

passage

of

the

bill,

the

ayes

were

103,

The bill having received the requisite constitutional majority was passed.

By Mr. Gardner of Candler. House Bill No. 684. A bill to b~ entitled an Act
to amend an Act to consolidate the offices and duties of tax receiver and tax collector of Candler County, and to create the office of Tax Commissioner, and for other purpos.es.

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

On
nays

ot h. e

passage

of

the

bill,

the

ayes

were

104,

1488

JouRNAL oF THE HousE,

The bill having received the requisite constitutional majority was passed.

By Mr. Campbell of Newton. House Bill No.685. A bill to be entitled ~n Act
wtoaydiensigNnewatteonthCeouCntoyviansgttohne-t"oO-Pliovreter rsd.alePoSrttaetreMHemigoh- -
rial Road" ,and for other purposes.

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

On
nays

toh. e

passage

of

the

bill,

the

ayes

were

105,

The bill having received the requisite constitutional majority was passed.

By Mr. Lee of Pulaski. House Bill No.689. A bill to be entitled an Act
to repeal an Act creating the office of Commissioner of Roads and Revenues of Pulaski County, and for other purposes.

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

On nays

ot h. e

passage

of

the

bill,

the

ayes

were

106,

The bill having received the requisite constitutional majority was passed.

By Mr. Lee of Pulaski. House Bill No.690. A bill to be entitled an Act
to create and establish a Board of Commissioners of Roads and Revenues in and for the County of Pulaski, and for other purposes.

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

On nays

toh. e

passage

of

the

bill,

the

ayes

were

107,

WEDNESDAY, FEBRCARY 27, Hl3J.

1489

The bill having received the requisite constitutional majority was passed.

By Mr. Lee of Pulaski. House Bill No.691. A bill to be entitled an Act
to amend an Act to abolish the office of Treasurer or Pulaski County, and for other purposes.

The report or the Committee,which was favorable to the_ passage or the bill, was agreed to.

On nays

toh. e

passage

or

the

bill,

the

ayes

were

108,

The bill having received the requisite constitutional majority was passed.

By Mr. Lee of Pulaski. House Bill No.692. A bill to be entitled an Act
to reduce the official bond or the Sheriff of Pulaski County, and for other purposes.

The report of the Committe~which was favorable to the passage of the bill 1 was agreed to.

On nays

ot h. e

passage

of

the

bill,

the

ayes

were

109,

The bill having received the requisite constitutional majority was passed.

By Mr. Zellner of Monroe. House Bill No.697. A bill to be entitled an Act
to amend an Act to abolish the offices of Tax Receiver and Tax Collector in and for the County of Monroe; to create in their stead 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 110,
nays o.

1490

JouRNAL oF THE HousE,

The bill having received the requisite constitutional majority was passed.

By Mr. Bland of Stewart. House Bill No.698. A bill to be entitled an Act
to fix the amount of the bond of the Sheriff of Stewart County, and for other purposes.

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

On nays

toh. e

passage

of

the

bill,

the

ayes

were

111,

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

By Mr. Gnann of Ef'f'ingham. House Bill No.700. A bill to be entitled an Act
to amend an Act and all amendatory Acts relating to and incorpGrating the Mayor and Aldermen of. the City of' Springfield, and f'or other purposes.

The report of the Committee, which was favor~ble to the passage of the bill, was agreed to.

On nays

toh. e

passage

of

the

bill,

the

ayes

were

112,

The bill having received the requisite constitutional majority was passed.

By Mr. Mallory of Twiggs. House Bill No.702. A bill to be entitled an Act
to require certain officers of Twiggs County to publish quarterly reports in the official organ of the County, and for other purposes.

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

On nays

oth. e

passage

of

the

bill,

the

ayes

were

113 1

The bill having received the requisite constitutional majority was passed.

WEDNESDAY, FEBRUARY 27, 1935.

1491

By Mr. Ray of Appling. House Bill No.703. A bill to be entitled an Act to
amend an Act creating a new Charter for the City of Baxley, and for other purposes.

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

On nays

toh. e

passage

of

the

bill,

the

ayes

were

114,

The bill having received the requisite constitutional majority was passed.

By Mr. Swindle of Berrien. House Bill No.706. A bill to be entitled an Act
to amend an Act creating a Board of Commissioners of Roads and Revenues of Berrien County, and for other purposes.

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

On nays

ot h. e

passage

of

the

bill,

the

ayes

were

115,

The bill having received the requisite constitutional majority was passed.

By Messrs. Bannister and Tipton of Thomas. House Bill No.719. A bill to be entitled an Act
to abolisn the offices of Tax Receiver and Tax Collector of Thomas County, and create the office of County Tax Commissioner, and for other purposes.

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

On the passage of the bill, the ayes were 116,
nays o.

The bill having received the requisite constitutional majority was passed.

1492

JouRNAL or THE HousE,

By Messrs. Scruggs and Gilbert of Washington. House Bill No.722. A bill to be entitled an Act
to amend an Act 1n reference to the election of the County Council of Washington County, and for other purposes.

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

On nays

ot h. e

passage

of

the

bill,

the

ayes

were

117,

The bill having received the requisite constitutional majority was passed.

By Messrs. Scruggs and Gilbert of Washington. House Bill No. 723. A bill to be entitled an Act
to amend an Act fixing the compensation of the members of the Board of Commissioners of Roads and Revenues of Hashington County, and for other purposes.

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

On nays

oth. e

passage of

the bill,

the

ayes were

118,

The bill having received the requisite constitutional majority was passed.

By Mr. Edwards of Stephens. House Bill No.726. A bill to be entitled an Act
to reduce the bond of the Sheriff 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
nays

oth. e

passage

of

the

bill,

the

ayes

were

119 1

The bill having received the requisite constitutional majority was passed.

WEDNESDAY, FEBRCARY 27, 1033.

1493

By ~rr. Rawlins of Ben Hill. House Bill No.734. A bill to be entitled an Act
to amend an Act incorporating the City of Fitzgerald, and for other purposes.

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

On nays

ot h. e

passage

of

the

bill,

the

ayes

were

120,

The bill having received the requisite constitutional majority was passed.

By Yrr. Townsend of Dade. House Bill No.737. A bill to be entitled an Act
to amend,codify, and establish a new Charter for the Town of Trenton in Dade County,and for other purposes.

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

On nays

ot h. e

passage

of

the

bill,

the

ayes

were

121,

The bill having received the requisite constitutional majority was passed.

By Mr. Johnston of Upson. House Bill No.738. A bill to be entitled an Act
to change the amount of the bond of the Sheriff of Upson County, and for other purposes.

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

On nays

oth. e

passage

of

the

bill,

the

ayes

were

122,

The bill having received the requisite constitutional majority was passed.

1494

JouRNAL OF THE HousE,

By unanimous consent the following bills of the Senate were read the first time, and referred to the Corrnnittees: By Senator Almon or the 37th District.
Senate Bill No.88. A bill to be entitled an Act to amend an Act entitled an Act to re-organize and reconstitute the Highway Department of Georgia,and for other purposes.
Referred to Committee on Public Highways No. 2. By Senator Chappell of the 13th District.
Senate Bill No.ll3. A bill to be entitled an Act to amend the 1933 Code,which provides for the appointment,number,qualification,term and removal of jury commissioners of the several counties of this state, and for other purposes.
Referred to Commit.t~e on General Judiciary No.2. By Senator Chappell of the 13th District.
Senate Bill No.l21. A bill to be entitled an Act to amend Section 22-308 of the 1933 Code,so as to authorize Judges or Superior Court to sign orders for incorporation,either at chambers in the county where application is pending or in chambers in any county of the circuit,and for other purposes.
Referred to Committee on General Judiciary No.1. By Senators Cooper of the 22nd District, Larsen of the 16th District, and others.
Senate Bill No.l28. A bill to. be entitled an Act to declare the 12th of October of each year,commonly known as Columbus day, to be a public and legal holiday in this state, and for other purposes.
Referred to Committee on Public Welfare. By Senator Millican of the 25th District.
Senate Bill No.l43. A bill to be entitled an Act to amend an Act relating to the abolition of justice courts and the office of justice of the peace

WEDNESDAY, FEBRUARY 27, 1935.

1495

in certain counties,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. By Senator Thomas of the 33rd District.
Senate Bill No.l46. A bill to be entitled an Act to amend an Act creating the Piedmont Judicial Circuit, so as to provide when the terms or Banks Superior Court shall be held, and for other purposes.
Referred to Committee on Special Judiciary. By Senator Goodwin of the 20th District.
Senate Bill No.l51. A bill to be entitled an Act to provide for the creation of a public utilities department for the City of Sandersville, and for other purposes.
Referred to Committee on Municipal Government. By Senator King of the 11th District.
Senate Bill No.l65. A bill to be entitled an Act to increase the State Aid Road System by adding a road in Clay and Early Counties, and for other purposes.
Referred to Committee on Public Highways No. 2. By Senator Vaughn of the 34th District.
Senate Bill No.l70. A bill to be entitled an Act to amend the Neill-Traylor Act so as to add a road in Rockdale and Clayton Counties, and for other purposes.
Referred to Committee on Public Highways No. 2. By Senator Scott of the 7th District.
Senate Bill No.l71. A bill to be entitled an Act to amend "Highway Mileage" Act, known as TraylorNeill Act,so as to include a road in Thomas County, and for other purposes.
Referred to Committee on Public Highways No. 2.

1496

JouRNAL or THE HousE,

By Senator Smith of the 24th District. Senate Bill No.172. A bill to be entitled an Act
to amend Section 56-301 of 1933 Code by changing the amount of bonds required to be deposited with State Treasurer by fire,marine and inland insurance companies, and for other purposes.

Referred to Committee on Insurance.

By Senator Johnson of the 31st District. Senate Bill No.l82. A bill to be entitled an Act
to reduce the bond of the Sheriff of Stephens County from $10,000 to $3,000, and for other purposes.

Referred to Committee on Counties and County Matters.

By unanimous consent, the following bill of the House was read the third time and placed upon its passage:

By Mess House

rs. Bi

lBl lNoood.wl0o5r.thA1Bbowildlent,oanbde

Freeman entitle

o d

f a

B n

ibb. Act

to repeal an Act which provides the time at which

primary elections for nomination for county officers

shall be held in counties of this State having a

certain population, and for other purposes.

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

On
nays

ot h. e

passage

of

the

bill,

the

ayes

were

124,

The bill having received the requisite constitutional majority was passed.

By unanimous consent, the following bill of the House was r~ad the third time and placed upon its passage:

By Messrs. Lanier,Harris and Barrett of Richmond. House Bill No.530. A bill to be entitled an Act
to amend the Code of Georgia of 1933, so as to au-

WEDNESDAY, FEBRUARY 27, 1935.

1497

thorize certain counties to sell surplus certificates of indebtedness of the State Highway Department for the purpose of purchasing State adopted school books for elementary grades of the public schools of such counties, and for other purposes.
The report of the Committee,wh1ch was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 125,
nays o.
The bill having received the requisite constitutional majority was passed.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof: Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate,to wit: By Senator Thomas of the 33rd District.
Senate Bill No.l46. A bill to be entitled an Act to amend an Act approved August 8,1923,creating the Piedmont Judicial Circuit of Georgia, and for other purposes.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof: Mr. Speaker:
The Senate has passed by the requisite constitu- . tional majority the following bills of the House,to wit: By Messrs. Coleman and Edwards of Lowndes.
House Bill No.210. A bill to be entitled an Act approved December llth,l901 establishing the city court of Valdosta, and for other purposes.

1498

JouRNAL OF THE HousE,

By Mess House

rs. Bi

H ll

aNrots.3f4ie4l.dA1Ablmialnldt

and Ramsey o amend an

of Fulton. Act estab-

lishing a new Charter for the City of Atlanta au-

thorizing Group Insurance for Employees, and for

other purposes.

By Mr. Bush of Miller. House Bill No.452. A bill to be entitled an Act
to abolish the city court of Miller County, and for other purposes.

By Mr. Sutton of Wilkes. House Bill No.596. A bill to be entitled an Act
to amend the Act creating a county depository for Wilkes County, and for other purposes.

By Messrs. Groover,Davis and Terrell of Troup. House Bill No.604. A bill to be entitled an Act
to amend an Act creating the City Court of LaGrange, and for other purposes.

The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House, to wit:

By Messrs. Grayson,McNall and Cohen of Chatham. House Bill No.203. 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 following bill of the House was placed on the calendar for the purpose of disagreeing to the unfavorable report of the Committee:

By Messrs. Welsch and Manning of Cobb. House Bill No.201. A bill to be entitled an Act
to amend the Code of Georgia pertaining to the rates of interest, and for other purposes.

The following resolution of the House was read and adopted:

By Messrs. Sutton of Wilkes and Lanier of Richmond. House Resolution No.l77. A resolution to enable

WEDNESDAY, FEBRUARY 27, 1935.

1499

the House and Senate to act in harmony on pending measures.
Under the order of business as established by the Rules Committee on yesterday, the following bills of the House and Senate were taken up for consideration and read the third time: By Messrs. Spivey of Emanuel,Lanier,Harris and Barrett of Richmond.
House Bill No.271. A bill to be entitled an Act to provide for the acceptance of an Act of the Congress of the United States effective June 6,1933, entitled "An Act to provide for the establishment of a national employment system and for cooperation with the States in the promotion of such system,and for other purposes"; to designate a State agency vested. with all powers necessary to cooperate with the United States Employment Service under said Act; and for other purposes.
Mr. Peters of Meriwether moved the previous question, and the motion prevailed.
The following amendment was read and adopted: Mr. Harris of Richmond amends House Bill No.271: By striking from the tenth line of the caption the words "for the appropriation of $35,000.00", and inserting in lieu thereof the words "for appropriations". Further amend House Bill No.27l by striking all of Section 4 and inserting in lieu thereof a new Section to be numbered Section 4 and to read as follows: "Section 4. The General Assembly is authorized to make such appropriation as may from time to time be necessary to meet the requirements of said Act of Congress. Such appropriations shall be used and expended by the agencies or official appointed by the Governor for the purpose hereinbefore provided". The amendment by Mr. Howard of Chattahoochee was ruled out of order.

1500

JouRNAL OF THE HousE,

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. Hammock of Randolph moved the ayes and nays and the call was not sustained.
On the passage of the bill, as amended, the ayes were 111, nays 37.
The bill having received the requisite constitutional majority was passed, as amended.
Mr. Harris of Richmond moved that the bill be immediately transmitted to the Senate, and the motion prevailed.
The bill was ordered immediately transmitted to the Senate. By Messrs. Jackson of Bleckley,Edwards of Lowndes, Dyer of Coweta,Spivey of Emanuel, and Ennis of Baldwin.
House Bill No. 333. A bill to be entitled an Act to repeal Section 89-102 of the Code of Georgia of 1933 which provides that members of the General Assembly shall not be eligible,during their term, to be appointed or employed by any department of the State, and for other purposes.
The report of the Committee,wh1ch was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 124, nays 21.
The bill having received the requisite constitutional majority was passed.
Mr. Jackson of Blackley moved that the bill be immediately transmitted to the Senate, and the motion prevailed.

WEDNESDAY, FEBRUARY 27, 1935.

1501

The bill was ordered immediately transmitted to the Senate. By Messrs. Hartsfield, Almand and Ramsey of Fulton.
House Bill No.70. A bill to be entitled an Act to amend an Act, as amended, and known as the General Tax Act, by providing a lower and different tax on dealers,distributors,and solicitors,not including wholesale dealers and distributors,located in a county having a city of 200,00 inhabitants or more and at a distance of fifteen miles or more from said city limits, and for other purposes.
Mr. McBride of Montgomery moved the previous question, and the motion prevailed.
The following amendment was read and adopted: Mr. Hartsfield of Fulton moves to amend House Bill No.70, by amending the caption by striking the words "section two (2) paragraphs 11 and 12" and inserting in lieu thereof the words "Section 92-1501 Automobile and Truck Dealers and Section 92-1502 Used Car Dealers, as codified in the Georgia Code of 1933". Further to amend Section 1 by striking the words: "Section two paragraph 11" in line five and inserting in lieu thereof the words "Section 92-1501 of the Code of 1933". Further to amend Section 1 by striking the words: "Be it further enacted that paragraph 12 of Section 2 of said Act be amended by adding immediately after said paragraph the following" and inserting in lieu thereof the following: "Be it further enacted that Section 95-1502 Used Car Dealers as codified in the Code of 1933, be amended by adding immediately after said paragraph the following:" Further that the figures in line eleven of Section 1 be changed to $25.00 and likewise in line 16 of said amencled paragraph 11.

1502

JouRNAL OF THE HousE,

The purpose of this amendment being to change the Code sections to conform to the 1933 Code and to change the sum in said amendment to $25.00 instead of $50.00.
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 132, nays 2.
The bill having received the requisite constitutional majority was passed, as amended.
By unanimous consent, the bill was ordered immediately transmitted to the Senate. By Mr. Settle of Butts.
House Bill No.545. A bill to be entitled an Act to repeal Section 86-GOl of the Code of Georgia of 1933, and substitute a new section fixing the duties of the Adjutant General, allowing him to perform other duties, providing for compensation and the giving of bond, and for other purposes.
Mr. Grayson of Chatham moved the previous question, and the motion prevailed.
The following Committee substitute to House Bill No. 545 was read and adopted: By the Committee:
A BILL To be entitled an Act repealing Code Section of the Code of 1933, 86,501, (Acts 1916 page 165) and substituting a new section therefor to be known by the same number; to define the duties of the Adjutant General of this State; to define how such duties and any additional duties performed by said Act may be performed to allow him to perform any other duties that may be allowed or prescribed by law; to

WEDNESDAY, fEBRUARY 27, 1935.

1503

provide for assistants and employees, and to define the duties of the same; to provide for a report to be made to the Governor of the condition of the National Guard; with a roster of all commissioned officers; to provide for the compensation of the Adjutant General and to provide for additional compensation if other duties are performed; to provide for a bond of such officer, 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.

That Code section 86-501 of the Code of Georgia of 1933 (Acts 1916 page 165) reading as follows:

"The Adjutant General shall be at the head of the

Military Department and subordinate only to the Gov-

ernor in matters pertaining to said department. He

shall give his whole time and attention to the of-

fice and shall receive a salary of $3,000.00 per

annum. He shall perform such duties as pertain to

the office of Adjutant General, as from time to

time may be provided by the laws,rules, and regula-

tions for the Government of the United States Army,

and such duties as may be designated by the Gover-

nor. He shall have such commissioned assistants and

employees as in the discretion of the Governor ruay

be necessary; and they shall be selected and em-

ployed by the Adjutant General and perform such

duties as may be required of them. He shall be the

custodian of all military records, and shall keep

them filed, indexed and available for ready refer-

ence. He shall keep an itemized account of all

moneys received and disbursed from all sources,

and shall make an annual report to the Governor on

the condition of the National Guard with a roster

of all commissioned officers, and such other mat-

ters relating to the militia as he may deem ex-

pedient. quire the

The Governor may, in his Adjutant General to give

disc bond

ret to

i

othne1

reState

in such amount as may be fixed by regulation, with

two personal securities or one corporate security,

1504

JouRNAL OF THE HousE,

to be approved by the Governor conditioned faithfully to discharge the duties of his office".
Be and the same is hereby repealed and the following section shall be substituted in lieu thereof, to have the same number in said Code of 1933 as the section quoted, and the same place in the Acts of 1916 referred to:
"86-501. The Adjutant General: Duties, bond, Compensation and assistants:
The Adjutant General shall be the head of the Military Department and subordinate only to the Governor in matters pertaining to said Department,for such services as he shall perform as the head of the Military Department of this State; he shall receive a salary of three thousand dollars ($3,000.00) per annum, and after his appointment shall reside in Fulton County and be available at all hours for emergency duties. His rent and subsistence shall not exceed sixty dollars ($60.00) monthly; this in addition to an automobile allowance not exceeding seventy-five dollars, ($75.00) per month, in the discretion of the Governor. The same not to affect mileage as now allowed, or existing laws with reference to the ownership of automobiles; both of said maximum amounts for above mentioned items to be paid monthly out of the regular appropriations of said Department.
He shall perform such duties as pertain to the office of Adjutant General as from time to time may be provided by the laws,rules and regulations for the Government of the United States Army, and such duties as may be designated by the Governor. He shall have such commissioned assistants and employees as in ~he discretion of the Governor may be necessary; and they shall be selected and employed by the Adjutant General and perform such duties as may be required of them. He shall be the custodian of all military records and shall keep them filed indexed and available for ready reference. He shail keep an itemized account of all moneys received and

WEDNESDAY, FEBRUARY 27, 1935.

1505

disbursed from all sources, and shall make an annua~ report to the Governor on the condition of the National Guard, with a roster of all commissioned officers, and such other matters relating to the militia as he may deem expedient. The Governor may, in his discretion,require the Adjutant General to give bond to the State in such an amount as may be fixed by regulation,with two personal securities orone corporate security,to be approved by the Governor,conditioned faithfully to discharge the duties of his officau.
Section 2. Be it further enacted that all laws and parts of laws in conflict herewith be, and the same are hereby repealed. The report of the Comm1ttee,which was favorable to the passage of the bill,by substitute, was agreed to. On the passage of the bi.ll, by substitute, the ayes were 118, nays 12. The bill having received the requisite constitutional majority was passed by substitute. By unanimous consent, the bill was ordered immediately transmitted to the Senate. Mr. Harris of Richmond moved that the House do now recess until 1:30 o'clock this afternoon, and the motion prevailed. The Speaker announced the House recessed until 1:30 otclock this afternoon.
1:30 otclock,P.M. The Speaker called the House to order. Mr. Williams of Bacon arose to a question of personal privilege and addressed the House.

1506

JouRNAL or THE HousE,

The following message was received from the Senate through Mr. Hammond, the Secretary thereof: Mr. Speaker:
The Senate has passed by the requisite constitutional wajority the following resolution of the Senate ,to wit: By Senator Rawlins of the 45th District.
Senate Resolution No.69. A resolution providing for the payment of the premiums on the bonds of the tax collector and sheriff of Telfair County, and for other purposes.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof: Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following resolution of the Senate ,to wit: By Senator Lester of the 18th District.
Senate Resolution No.86. Resolved by the Senate that the House of Representatives be requested to direct its Clerk to return to the Senate House Bill No.344 (a local bill.) By Messrs. Barrett of Richmond and Woods of Emanuel.
House Bill No.205. A bill to be entitled an Act to amend the Code of Georgia of 1933, so as to authorize the granting of a divorce to a petitioner who has resided in the State sixty days before the filing of the application for a divorce, and for other purposes.
Mr. Welsch of Cobb moved the previous question, and the motion prevailed.
The amendment by Mr. Booth of Barrow was withdrawn by unanimous consent.

WEDNESDAY, FEBRUARY 27, 1935.

1507

The following amendment was read and adopted:

Mr. Barrett of Richmond moves to amend by adding

a new section to read as follows: "Any applican~

for a divorce must be a resident of the County in

which the application is filed for a period of six-

ty days".

.

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. WeekS of Columbia moved the ayes and nays and the call wa:s sustained.

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

Those voting in the affirmative were Messrs.:

Adams Allen Almand of Fulton Almand of Walton Anderson Ansley of DeKalb Barrett Bennett Benton Booth Bloodworth Brisendine Brown of Greene Caswell Claxton of John-
son Cohen Coleman Coxon Davis of Troup Dobbins Dyer Ennis

Felton

McBride

Freeman of Bibb McCracken

Gnann

MCCranie

Grayson

McGraw

Green

McNall

Griffin of Floyd Mallory

Groves

Minchew

Hampton

Mitchell of

Hand

Lamar

Harris

Mitchell of

Hartsfield

Taliaferro

Head

Moore of Clay-

Houston

ton

Howard of

Morris

Screven

Musgrove

Jackson of Bleck- Newby

ley

Oden

Jones of Brant- Patten of Cook

ley

Peters

Lanier

Preston of Bul-

Leonard of Wal- loch

ker

Preston of Wal-

Lindsay

ton

1508

JouRNAL oF THE HousE,

Ray Settle Smith of Madison Spivey Standard Stephens Sutton

Swindle Teasley Terrell of Hall Thompson Toms Townsend Watkins

Whaley Williams of Cof-
fee Williams of Jones Willingham Young Zellner

Those voting in the negative were Messrs.:

Arnall Atwood Bannister Barnard

Flynt

Moye

Fowler

Mundy

Freeman of Early Neal

Gardner

Parker of Union

Batchelor Bond Black Bland

Gavin Gilbert Goolsby Hannnock

Parks Parr Patten of Tift Peek

Blease

Harrison

Pound

Bradley

Herndon

Rawlins

Brinson

Hefner

Sabados

Brooks Brown of Pike Bush Camp Clements of Calhoun Clements of
Wheeler Cobb Culpepper of Echols Culpepper of Fayette Daughtry Deal Dean Douglass Edwards of Ste-

Henderson

Sammon

Hogan Hogg

Sartain Scruggs

Holland

Shedd

Jackson of Haber- Shirah

sham Joel

Smith of Webster

Kelley Lee

Terrell of Troup Thrasher

Lewallen

Tipton

Lewis

Weeks

McCutchen

Welsch

McKelvey

West

Manning Milam Mills Moore of Haralson

Whitmire Williams of Bacon Wilson Wrench

phens

<BID
By

uSneaeniAmpopuesndcixon1Vseonlutm1etheI

1vfoerrifthicoasetionnotovfottih_engr. ol

l

call was dispensed with.

WEDNESDAY, FEBRUARY 27, 1935.

1509

On the passage of the bill, as amended, the ayes were 79, nays 79.

The bill having failed to receive the requisite constitutional majority was lost,

Mr. Barrett 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. 205. By Messrs. Twitty and Bennett of Ware.
House Bill No.572. A bill to be entitled an Act to amend an Act, so as to give the State of Georgia the authority to permit the United States to acquire lands in the Okefenokee Swamp in addition to the powers granted heretofore, and for other purposes.

Mr. Sabados of Dougherty moved the previous question, and the motion prevailed.

The following amendment was read and adopted:

Mr. Wrench of Charlton County moves to amend

House Bill No.572 and the Caption thereof by adding

in line 17 of said bill after the words "mountain

region of Georgia and in", the words "and around"

and placing same appropriately in the caption there-

of.



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

1510

JouRNAL or THE HousE,

On the passage of.the bill, as amended, the ayes were 128, nays 2.

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

By unanimous consent, the bill was ordered immediately transmitted to the Senate.

By Senator Millican of the 35th District. Senate Bill No.60. A bill to be entitled an Act
to regulate the manufacture, sale, possession,_ control, prescribing, administering, dispensing, compounding, mixing, cultivation and growth of narcotic drugs in the State of Georgia, and for other purposes.

Mr. Peek of Polk moved to table the bill, and the motion was lost.

Mr. Williams of Coffee moved the previous question, the motion prevailed, and the main question was ordered.

The amendment offered by Mr. Hammock or Randolph was lost.

The re~ort of the Comrn1ttee,wh1ch was favorable to the passage of the bill, was agreed to.

WEDNESDAY, FEBRUARY 27, 1935.

1511

On the passage of the bill, the ayes were 123, nays 4.

The bill having received the requisite constitutional majority was passed.

By unanimous consent,the bill was ordered immediately transmitted to the Senate.

Mr. Harris of Richmond moved that the House do now adjourn until 9:00 o'clock, tomorrow morning, and the motion prevailed.

Leaves of absence were granted to Messrs. Dorris of Crisp, Parker of Colquitt, Parham of Heard, and Mitchell of Taliaferro.

The Speaker announced the House adjourned until tomorrow morning at 9:00 o'clock.

1512

JouRNAL OF THE HousE,

Representative Hall, Atlanta, Georgia.

Thursday, February 28, 1935.

The House met pursuant to adjournment this day at 9:00 o'clockJA.M.,was called to order by the Speaker and opened with prayer by the Chaplin.

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

Adams

Camp

Allen

Campbell

Almand of Fulton Caswell

Almand of Walton Claxton of

Anderson

Camden

Ansley of DeKalb Claxton of

Ansley of Lee

Jolmson

Arnall

Clements of

Atwood

Calhoun

Bannister

Clements of

Bargeron

Wheeler

Barnard

Cobb

Barrett

Cohen

Batchelor

Coleman

Bennett

Coxon

Benton

Culpepper of

Bond

Echols

Booth

Culpepper of

Bowden

Fayette

Black

Darnell

Bland

Daughtry

Blease

Davis of

Bloodworth

Troup

Bradley

Deal

Brinson

Dean

Brisendine

DeLoach

Brooks

Dobbins

Brown of Glynn Dorris

Brown of Greene Douglass

Brown of Pike Durden

Burgin

Dyer

Bush

Edwards of

Lowndes

Edwards of Stephens Ennis Etheridge Felton Flynt Fowler Freeman of Bibb Freeman of Early Gammage Gardner Garrett Gavin Gilbert Gnann Goolsby Grayson Green Griffin of Decatur Griffin of Floyd Groover Groves Guess Hammock Hampton Hand Harris Harrison Hartsfield Herndon

THURSDAY, FEBRUARY 28, 1935.

1513

Head

Milam

Saunders

Hefner

Mills

Scruggs

Henderson

Minchew

Settle

Hogan

Mitchell of Shedd

Hogg

Lamar

Shirah

Holland

Mitchell of Smith of Madison

Hooks

Taliaferro Smith of Webster

Horton

Moore of

Spivey

Houston

Clayton

Standard

Howard of

Moore of

Stephens

Chattahoochee Harrelson

Sutton

Howard of

Morris

Swindle

Screven

Moye

Teasley

Jackson of

Mundy

Terrell of Hall

Bleckely

Musgrove

Terrell of Troup

Jackson of

Neal

Terrell of Warren

Habersham

Newby

Thompson

Joel

Oden

Thrasher

Johnson

Parham

Tipton

Johnston

Parker of

Toms

Jones of

Colquitt

Townsend

Brantley

Parker of

Twitty

Jones of Lumpkin Union

Warnell

Kelley

Parks

Watkins

Lanier

Parr

watson

Lee

Patten of Cook Weathers

Leonard of

Patten of Tift WeekS

Muscogee

Peebles

Welsch

Leonard of

Peek

West

Walker

Perry

Whaley

Lewallen

Peters

Whitmire

Lewis

Pound

Williams of Bacon

Lindsay

Preston of

Williams of Cof-

McBride

Bulloch -

fee

McCracken

Preston of

Williams of Jack-

Mccranie

Walton

son

McCutchen

Ramsey

Williams of Jones

McGraw

Rawlins

Willingham

McKelvey McNall

Ray Reagan

Wilson Woods

Mallory

Ross

Wrench

Mann

Sabados

Young

Manning

Salter

Zellner

Marshall

Sammon

l'1r .Speaker

Martin

Sartain

(f{[) See Appendix,Voll.Dlle I ,for absentees.

1514

JouRNAL OF THE HousE,

Mr.Deal of Bulloch,Acting 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 was dispensed with.
The Journal was confirmed. Mr.Barrett of Richmond moved that the House reconsider its action in failing to pass the following bill of the House: By Messrs.Barrett of Richmond and Woods of Emanuel. House Bill No. 205. A bill to be entitled an Act to amend the Code of Georgia of 1933,so as to authorize the granting of a divorce to a petitioner who has resided in the State sixty days before the filing of the application for a divorce,and for other purposes. On the motion the ayes were 67,nays 52. The motion to reconsider prevailed. By unanimous consent,House Bill No. 205 was recommitted to the Committee on State of Republic. By unanimous consent,the following bills of the House were withdrawn from further consideration of the House: By Mr.Sutton of Wilkes. House Bill No. 341. A bill to be entitled an Act to require that the operator of a motor vehicle in this State shall obtain a drivers license,and for other purposes. By Mr.Sutton of Wilkes. House Bill No. 342. A bill to be entitled an Act requiring the State Highway Department to pay a sum into the State Treasury for maintenance of a State Highway Patrol,and for other purposes.

THURSDAY, FEBRUARY 28, 1935.

1515

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 bills and resolutions under the Rules of the House.
2. Reports of Standing Committees. 3. Second reading of bills and resolutions,favorably reported. 4. Third reading and passage of local uncontested House and Senate Bills. 5. First reading and reference of Senate Bills. By unanimous consent,the following bills of the House were introduced,read the first time,and referred to the Committees:
By MrJ1oore of Haralson. House Bill No. 789. A bill to be entitled an Act
to abolish the offices of tax receiver and tax collector of Haralson County;to create the office of tax commissioner,and for other purposes.
Referred to Committee on Counties and County :Matters. By Mr.Nallory of Twiggs.
House Bill No. 790. A bill to be entitled an Act to abolish the offices of tax collector and tax receiver of Twiggs County;to create the office of tax commissioner,and for other purposes.
Referred to Committee on Counties and County l"Iatters. By Mr.Cobb of Clarke.
House Bill No. 791. A bill to be entitled an Act to promote temperance and prosperity for Georgia people;to foster and encourage the growing of grapes; to legalize the making of light domestic wines,and for other purposes.
Referred to Committee on General Agriculture No. l.

1516

JouRNAL OF THE HousE,

By Mr.Parr of Taylor. House Bill No. 792. A bill to be entitled an Act
to regulate the marketing of eggs;to provide for registration of all dealers who offer eggs for sale, and for other purposes.
Referred to Committee on General Agriculture No.1. By :Messrs.Bennett of Ware and Spivey of Emanuel.(By Request)
House Bill No. 793. A bill to be entitled an Act to provide that the right,title,interest and estate under leases of state owned oyster beds may be mortgaged,and for other purposes.
Referred to Committee on Special Judiciary. By Mr.Dean of Rockdale.
House Bill No. 794. A bill to be entitled an Act to require all owners or operators of school busses and trucks to carry liability insurance,and for other purposes.
Referred to Committee on Insurance. By Mr.Dyer of Coweta.(By unanimous consent)
House Bill No. 795. A bill to be entitled an Act to provide for the payment of burial expenses of Confederate Pensioners,and for other purposes.
Referred to Comnittee on Pensions. By Messrs.Houston and Perry of Worth.
House Bill No. 796. A bill to be entitled an Act to provide for four terms of Superior Court in Worth County,and for other purposes.
Referred to ComrJittee on Special Judiciary. By Messrs.Arnall and Dyer of Coweta,
House Bill No. 797. A bill to be entitled an Act to repeal an Act incorporating the town of st. Charles,and for other purposes.
Referred to Connl11ttee on Municipal Government.

THURSDAY, FEBRUARY 28, 1935.

1517

By Ilr .Almand of Fulton. House Bill No. 798. A bill to be entitled an Act
to amend an Act establishing the Municipal Court of ~tlanta,so as to confer jurisdiction over claims and demands not heretofore existing,and for other purposes.
Referred to Committee on Counties and County Matters.
Mr .Peters of l"leriwether County,Chairman of the Committee on Banks and Banking,submitted the following report: IIr .speaker:
Your Committee on Banks and Banking have had under consideration the following bills of the House and/or Senate and have instructed me as Chairman,to report the same back to the House with the following recommendations:
Senate Bill No. 2l,do pass by committee substitute. House Bill No. lBl,do pass by committee substitute. House Bill No. 503,do not pass. House Bill No. 298,do pass by committee substitute. House Bill No. 373,do not pass. House Bill No. 198,do not pass. House Bill No. 199,do not pass. House Bill No. 632,do pass. House Bill No. 289,do pa.ss.
Respectfully submittedl Peters of Heriwether, Chairman.
l"lr.Brown of Glynn County,Chairman of the Committee on Counties and County Matters,submitted the following report: l"lr.Speaker:
Your Committee on Counties and County Matters have had under consideration the following bill of the

1518

JouRNAL oF THE HousE,

Senate and have instructed me as Chairman,to report the same back to the House with the following recommendation:
Senate Bill No. 19,do pass. Respectfully submitted, Brown of Glynn, Chairman.
Mr.Rawlins of Ben Hill County,Chairman of the Committee on Game and Fish,submitted the following report: Mr.Speaker:
Your Committee on Game and Fish have had under consideration the following bills of the House and have instructed me as Chairman,to report the same back to the House with the following recommendations:
House Bill No. 733,ao pass. House Bill No. 730,do pass. House Bill No. 687,do pass. House Bill No. 147,do pass,as amended. House Bill No. 159,do pass,as amended.
Respectfully submitted, Rawlins of Ben Hill, Chairman.
Mr.Johnson of Seminole County,Chairman of the Committee on General Agriculture No. 2,submitted the following report: Mr.Speaker:
Your Committee on General Agriculture No. 2 have had under consideration the following bill of the Senate and have instructed me as Chairman,to report the same back to the House with the following recommendation:
Senate Bill No. 68 1 do pass. Respectfully submitted, Johnson of Seminole, Chairman.

THURSDAY, FEBRUARY 28, 1935.

1519

Mr.Clements of Wheeler County,Chairman of the Committee on Municipal Government,submitted the following report: Mr.Speaker:
Your Committee on Municipal Government have had under consideration the following bills of the House and/or Senate and have instructed me as Chairman,to report the same back to the House with the following recommendations:
senate Bill No. 77,do pass. Senate Bill No. 105,do pass. House Bill No. 786,do pass. House Bill No. 787,do pass. House Bill No. 788,do pass.
Respectfully submitted, Clements of Wheeler, Chairman.
Mr.Manning of Cobb County,Chairman of the Committee on Public Highways No. !,submitted the following report: Mr.Speaker:
Your Committee on Public Highways No. 1 have had under consideration the following resolution of the Senate and have instructed me as Chairman,to report the same back to the House with .the following reconnnendation:
Senate Resolution No. 59-l49,do pass,as amended. Respectfully submitted, Manning of Cobb, Chairman.
Mr.Benton of Jasper County,Vice-Chairman of the Committee on Special Appropriations,submitted the following report:

1520

JouRNAL oF THE HousE,

Mr.Speaker:
Your Committee on Special Appropriations have had under consideration the following bills and/or resolutions of the House and have instructed me as Chairman,to report the same back to the House with the following recommendations:
House Bill No. 547,do pass. House Bill No. 620,do pass. House Resolution No. 93-474c,do pass. House Resolution No. 18-38a,do pass,by substitute.
Respectfully submitted, Benton of Jasper, Vice-Chairman.
Mr.Terrell of Troup County,Chairman of the Committee on Special Appropriations,submitted the following report: Mr.Speaker:
Your Committee on Special Appropriations have had under consideration the following bills and/or resolutions of the House and have instructed me as Chairman,to report the same back to the House with the following recommendations:
House Bill No. 573,do pass. House Resolution No. 21-77a,do pass. House Resolution No. 23-13Ba,do pass. House Bill No. 323,do pass. House Bill No. 510,do pass.
Respectfully submitted, Terrell of Troup, Chairman.
Mr.Grayson of Chatham County,Chairman of the Committee on S~ecial Judiciary,submitted the following report: Mr .speal<er:
Your Conunittee on Special Judiciary have had under consideration the following bills and/or resolutions

THURSDAY, FEBRUARY 28, 1935.

1521

of the House and have instructed me as Chairman,to report the same back to the House with the following recommendations:
House Resolution No. 174-780a,do pass. House Bill No. 712,do not pass. House Resolution No. 147-658a,do not pass. House Bill No. 693,do pass. House Bill No. 663,do not pass. House Bill No. 673,do pass. House Bill No. 382,do pass. House Bill No. 728,do pass. House Bill No. 742,do pass.
Respectfully submitted, Grayson of Chatham, Chairman.
By unanimous consent,the following bills and resolutions of the House and Senate,favorably reported, were read the second time: By Senator Evans of the 29th District.
Senate Bill No. 19. A bill to be entitled an Act to vest :in the tax collectors of such counties as have a population of not less than 9005 and not more than 9020,all the powers of sheriffs relative to the collection and levy of tax f1~as.issued by such collectors,and for other purposes. By Senator Pope of the 15th District.
Senate Bill No. 21. A bill to be entitled an Act to amend the Banking law relative to the incorporation of banks,by providing that banks may be chartered in towns with population not exceeding 2,500 with minimun capital of not less than $15,000.00,and for other purposes. By Mr.Dyer of Coweta.
House Resolution No. 18-32 A resolution to authorize the payment of State of Georgia bonds. By Senator Evans of the 29th District.
Senate Resolution No. 59-147. A resolution to <lesignate Route 10 and 8 as Thomas E.liatson Highway.

1522

JouRNAL oF THE HousE,

By Senator Pope of the 15th District. Senate Bill No. 68. A bill to be entitled an Act
to prevent fraud in reference to advertising for sale,selling or offering to sell plants,and to promote the plant industry in this State,and for other purposes. By Senator Millican of the 35th District.
Senate Bill No. 77. A bill to be entitled an Act to repeal an Act providing that where a municipality invests its sinking fund in bonds issued by itself, such bonds shall be retired,and for other purposes. By Messrs.Lindsay,Guess and Ansley of DeKalb.
House Resolution No. 21-77a. A resolution appropriating $1200.00 to pay deferred pension for years 1919 to 1924 to tlrs.Eliza Beasley. By Senator Millican of the 35th District.
Senate Bill No. 105. A bill to be entitled an Act to make penal the reporting,or sending in,or communicating,to any fire department,or others in charge,any false alarm or false information pertaining to fires,and for other purposes. By Messrs.Ennis and Allen of Baldwin.
House Resolution No. 23-138a. A resolution to appropriate to the Mayor and Council of Milledgeville the sum of $7265.54 for the redemption of paving bonds. By tlr.Milam of Spalding.
House Bill No. 147. A bill to be entitled an Act to permit trapping of fur-bearing animals by means of steel traps,to provide for restricted trapping, and for other purposes. By Mr.Milam of Spalding.
House Bill No. 159. A bill to be entitled an Act to regulate the seining,netting or trapping of fish, to make unlawful the possession of seines,traps or nets,and for other purposes. By Mr.Harris of Richmond.
House Bill No. 181. A bill to be entitled an Act

THURSDAY, FEBRUARY 28, 1935.

1523

to strike Section 3 of Article 3 of the Banking Act, and for other purposes. By Mr.Harris of Richmond.
House Bill No. 289. A bill to be entitled an Act requiring banks having and exercising trust powers, trust companies,saving banks to secure uninvested trust funds,and for other purposes. By Messrs.Ennis and Allen of Baldwin and Dyer of Coweta.
House Bill No. 323. A bill to be entitled an Act to require the Prison Commission to purchase 30-1-2 acres of land as an addition to the State Prison Farm at Milledgeville,and for other purposes. By Messrs .Arnall of Coweta,Mallory of Twiggs and Jackson of Blackley.
House Bill No. 382. A bill to be entitled an Act relating to the giving of proof of fiuancial responsibility by owners and operators or motor vehicles, and for other purposes. By Mr.Thompson of Muscogee.
House Resolution No. 93-474c. A resolution authorizing the repayment to certain businesses tax money illegally collected from persons engaged in manufacture or lumber products, and for other purposes. By Mr.Dobbins of Morgan.
House Bill No. 510. A bill to be entitled an Act to appropriate to the common schools a certain fund now in the treasury,realized from sale of stateowned automobiles,and for other purposes. By Mr.Smith of Madison and Mrs. Coxon of Long.
House Bill No. 547. A bill to be entitled an Act to provide funds for the erection of a memorial to Dr.Crawtord W.Long. By Mr.Jones of Lumpkin.
House Bill No. 573. A bill to be entitled an Act to appropriate to the Regents of the University System,out of funds heretofore unappropriated,the sum of one million dollars,and for other purposes.

1524

JouRNAL OF THE HousE,

By Mr.Oden of Pierce. House Bill No~ 620. A bill to be entitled an Act
to appropriate for 1935 and 1936,the sum of fifty thousand dollars,for use in combatting screw worm, and for other purposes. By Mr.Harris of Richmond.
House Bill No. 632. A bill to be entitled an Act to amend an Act relating to reports of banks,by providing that any regular report of a bank or trust company may be ommitted in the discretion of the Superintendent of Banks,and for other purposes. By Mr.Salter of Baker.
House Bill No. 673. A bill to be entitled an Act to repeal an Act codified as Section 695 of 1910 code,enumerating who is subject to road duty,so as to exempt residents of Baker County from payment of commutation tax,and for other purposes. By Mr.Campbell of Newton.
House Bill No. 687. A bill to be entitled an Act to amend an Act which provides how monies derived from sale of hunting licenses shall be used,by providing that same shall be used for the enforcement of the game laws,and for other purposes.
By Mr.Terrell of Troup. House Bill No. 693. A bill to be entitled an Act
to require all corporations owning lands in Troup County to return same for taxation,and for other purposes. By Messrs.Griffin and Mills of Decatur.
House Bill No. 728. A bill to be entitled an Act to amend the Act establishing the City Court of Bainbridge,so as to enlarge its jurisdiction,and for other purposes. By Messrs.Musgrove of Clinch and Culpepper of Echols.
House Bill No. 730. A bill to be entitled an Act to make it unlawful to shoot,kill,trap or destroy alligators,and for other purposes.

THURSDAY, FEBRUARY 28, 1935.

1525

By Messrs.Bennett of Ware,Dorris of Crisp,Musgrove of Clinch.
House Bill No. 733. A bill to be entitled an Act to provide for and regulate the sale of furs and the licensing of fur dealers,and for other purposes. By Mr.Almand of Fulton.
House Bill No. 742. A bill to be entitled an Act to amend an Act known as Title 24,Section 24-3801 of 1933 Code,so as to provide for three terms of the Court of Appeals and Supreme Court in each year,and for other purposes. By Mr. Green of Rabun.
House Resolution No. 174-780a. A resolution to relieve Jesse Taylor as surety on bond in Superior Court of Rabun County. By Messrs.Lindsay,Guess and Ansley of DeKalb.
House Bill No. 786. A bill to be entitled an Act to amend an Act providing a new charter for the town of Decatur so as to provide a change in the time of closing the registration books of said city,and for other purposes. By Messrs.Lindsay,Guess and Ansley of DeKalb.
House Bill No. 787. A bill to be entitled an Act to amend an Act providing a new charter for the town of Decatur so as to authorize said town to enter into contract with other cities or towns to supply water and sewer connections, and for other purposes. By Messrs.Lindsay,Guess and Ansley of DeKalb.
House Bill No. 788. A bill to be entitled an Act to amend an Act providing a new charter for the town of Decatur,so as to change the form of ballot used in holding elections,and for other purposes.
By unanimous consent,the following bills and resolutions of the House and Senate were read the third time and placed upon their passage: By Senator Lester of the 18th District.
Senate Resolution No. 25. A resolution to relieve

1526

JouRNAL oF THE HousE,

the Roman Catholic Society in the City of Augusta, and for other purposes.

The report of the Committee,which was favorable to the adoption of the resolution,was agreed to.

On the 108,nays

aod. option

of

the

resolution,the

ayes

were

The resolution having received the requisite constitutional majority was adopted.

By Senator Rucker of the 50th District. Senate Bill No. 65. A bill to be entitled an Act
amending the Charter of the Mayor and Council of the City of Athens,and changing the term of the Recorder,and for other purposes.

The following Committee amendment to Senate Bill No. 65 was adopted:

Committee moves to amend Senate Bill No. 65 as follows:

Said Bill to be amended by striking therefrom the first comma in the third from the last sentence in Section 1 and inserting in lieu thereof a period and striking all of the following language which succeeds said stricken comma,as follows:"And to have the right to order execution to issue the name of said Mayor and Council or the City of Athens against said property owner,and to further provide that after said execution shall issue,that it may be paid by said abutting property owner over a term of years and at a rate of interest to be fixed by said Mayor and Council of the City of Athens. And that this method of paving and assessing shall be exclusive. Provided that the Mayor and Council shall approve thereof."

Said Bill to be further amended by adding to Section l,thereor the tour following paragraphs:

Be it further enacted by the authority aforesaid

THURSDAY, FEBRUARY 28, 1935.

1527

that upon the failure of any property owner,upon the completion of said paving,to pay any assessment hereunder levied,the Mayor_and Council of the City of Athens shall issue execution in the name of the Mayor and Council of the City of Athens against such property owner and such property for such sums as may be due,with accrued interest,for such paving or improvements as are made by virtue of this Act,and the said Mayor and Council shall have the right to enforce the payment of such execution by levy and sale,the execution to be issued and sale thereunder to be conducted as in the case of the issuance of executions and sales for city taxes,and the purchaser at such sale shall acquire the same rights as a purchaser at a sale conducted under the laws providing for the enforcement of tax executions issued by the Mayor and Council of the City of Athens.
Be it further enacted by the authority aforesaid . that after any execution provided for in this Act shall issue that it may be paid by said property owner over a term of years to be fixed by said Mayor and Council of the City of Athens and said execution to bear the legal rate of interest.
Be it further enacted by the authority aforesaid that the Mayor and Council of the City of Athens shall have the express authority to sell,negotiate, or transfer any or all executions issued hereunder, and to pledge,hYPothecate,or use as collateral any or all such executions for any loan or loans negotiated by said ~~yor and Council and the said Mayor and Council are expressly authorized to borrow on such executions as collateral,and in the event title to any execution or executions issued hereunder shall pass to any transferee,assignee,or purchaser, or in cases where such execution or executions are held as collateral or in pledge for a debt past-due, then the holder of said title or holder of such execution or executions as collateral shall have the same right as to enforcement of payment as the Mayor and Council of the City of Athens enjoyed,and shall have the right to enforce the same in the name of the Mayor and Council of the City of Athens.

1528

JouRNAL oF THE HousE,

Be it further enacted by the authority atoresaid

that this method or paving and assessing costs

thereof,issuing executions,and sale thereunder shall

be exclusive.



Said Bill to be further amended by striking from Section 2 the second paragraph thereof,reading as follows: "After the termination of the present tenure of said office, the Mayor and Council of the City of Athens shall elect a Recorder at the first meeting in January after said termination. The salary of said office shall be One Hundred Dollars per month,with the right on the part or said Mayor and Council to increase said salary," and by inserting in lieu thereof a provision reading as follows: "The office of Recorder of the Mayor and Council of the City of Athens shall be r illed by popular vote of the registered voters of the Mayor and Council of the City of Athens at an election to be held under the same regulations as provided for the election of members of the council of the mayor and council of the City of Athens. The election shall be held on the first Monday in June,l935.
There shall be only one polling place and that to be in the Council Chamber of the City ijall.
The term of office of said Recorder shall be three (3) years;commencing from the first Monday in July,
1935.
The minimum salary for said office shall be One Hundred ($100) Dollars per month.
All candidates for said office shall file their entry with the Clerk of the Council ten (10) days before the election and otherwise shall be disqualified.
Provided Further, that the City attorney of the Mayor and Council of the City of Athens shall also be elected by popular vote,under the same rules and regulations and at the same time and place as provided for the election of the Recorder.
The salary of said City Attorney shall be a minimum of One Hundred ($100) Dollars per month.

THURSDAY, FEBRUARY 28, 1935.

1529

All expenses or holding said election shall be borne in equal part by the candidates for the office of Recorder;if more than one;and if only one candidate,said candidate shall bear the entire expense.
Likewtse.the eJ}Pense of said election shall be borne by the candidates for City Attorney, if more then one; and if onlY one,then the candidate.
The term of office of said City Attorney shall be three (3) years, commencing with the first Monday in July, 1933.
The report of the Committee,which was favorable to the passage of the bill,as amended,was agreed to.

On were

1th0e9,npaaysssagoe.

of

the

bill,as

amended,the

ayes

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

By Senator Scott of the 7th District. Senate Bill No. 95. A bill to be entitled an Act
to amend the Act creating the City Court of Thomasville,by fixing the salaries of the Judge and Solicitor General thereor,and for other purposes.

The following substitute to Senate Bill No. 95

was adopted:



By Messrs.Bannister and Tipton of Thomas. Substitute for Senate Bill No. 95.

A BILL
To be entitled an Act to amend an Act approved August 18,1905,entitled: "An Act to establish the city court or Thomasville,in and for the county or Thamas;to define its jurisdiction and powers;to provide for the election of a judge and other officers thereof;to define their powers and duties,and for other purposes," by providing that the judge of said court shall receive a salary of not less than $2000 per annum,and not more than $3000 per annum,

1530

JouRNAL oF THE HousE,

to be fixed by the County Commissioners of said county;to provide that the solicitor of said court shall receive a salary of not less than $1500 per annum and not more than $2000 per annum to be fixed by the County Commissioners of said county; .to repeal an Act approved August 9, 1909, relating to the compensation of the solicitor of said court;to repeal an Act approved July 28,192l,providing for the fixing of the salary or the Judge of said court,and an Act approved August 9,1923,providing for the fixing or the salary of the solicitor or said court to provide for the payment or fees into the coun{y treasury;and for other purposes.
Be it enacted by the General Assembly or Georgia: Section 1. That the Act or the General Assembly approved August 18,1905,entitled "An Act to establish the city court of Thomasville,in and for the county of Thomas;to define its jurisdiction and powers;to provide for the election or a judge and other officers thereof;to define their powers and duties,and for other purposes," be and the same is hereby amended by strikipg from Section 12 thereof the following language: "The said judge shall receive a salary of twelve hundred dollars per annum, which shall be paid monthly out of the treasury of Thomas County;said salary shall not be increased or diminished during his term of office,except to apply at a subsequent term," and insertin~ in lieu thereof the following language,to wit: The said judge shall receive a salary of not less than two thousand dollars per annum and not more than three thousand dollars per annum,which shall be fixed annually,within the foregoing limitations,by the County Commissioners or Thomas County at their first meeting in January or each year,and shall be Praid monthly out or the treasury of Thomas County,' so that said Section 12,as amended,shall read as follows: "Section 12. Be it further enacted by the authority aforesaid,that the judge or said court must be at least twenty-eight years or age;must have been

THURSDAY, FEBRUARY 28, 1935.

1531

a resident of the county of Thomas at least three years immediately preceding his election,and a practicing attorney at law at least five years before his election. Before entering upon the discharge of his duties,he shall take and subscribe to the following oath: 'I do solemnly swear that I Will administer justice without respect to persons,and do equally right to the poor and the rich,and that I will faithfully and impartially discharge and perform my duties,which may be required of me as judge ot the city court of Thamasville,in the county of Thomas,o! this State,according to the best of my ability and understanding,agreeable to the laws and constitution of this State and the Constitution of the United States,so help me God.' Such oath snall be immediately forwarded to the Governor and filed in the Executive Department. Said Judge may practice law in any other court except the one provided !or by this Act;he shall have authority to issue crim1nal warrants,to dispossess tenants holding over and intruders;to issue distress warrants,and generally to do all acts which the judges or the county courts are generally authorized to do,unless otherwise provided in this Act. The said judge shall receive a .;; salary or not less than two thousand dollars per a~1num and not more than three thousand dollars per annum,Which shall be fixed annually,within the roregping 11mitations,by the County Commissioners of Thomas County at their first meeting in January of each year,and shall be paid monthly out or the treasury or Thomas County. Said judge shall have the same power to enforce his orders,preserve order,and punish !or contempt,and enforce laws and judgments, as is vested by law in the judges of the superior courts or this State."
Section 2. That said Act approved August 18,1905, be and the same is hereby amended by striking !rom Section 16 thereof the following language,to wit: "The fees or the solicitor-general or the said city court shall be as !ollows:For every person prose~ cuted to trial or plea of guilty,ten dollars;ror every case settled before a judgment,verdict of plea, five dollars;tor every indictment or special present-

1532

JouRNAL OF THE HousE,

ment prosecuted to trial or plea of guilty,five dollars;same fee if settled or wittdrawn,or abandoned before trial;for every case for the violating of the gambling laws of this State,twenty-five dollars;for representing the State in every case carried to the Supreme Court from said city court,fifteen dollars, and for all services for which this Act does not provide,he shall receive the same fees as are now allowed by law for the same service in the superior courts",and inserting in lieu thereof the following, to wit: "The said solicitor-general shall receive a salary of not less than fifteen hundred dollars per annum and not more than two thousand dollars per annum,which shall be fixed annually,within the limitations prescribed herein,by the County Commissioners of Thomas County at their first meeting in January of each year,and shall be paid monthly fram the county treasury of Thomas County",so that said Section 16,as amended,shall read as follows:
"Section 16. Be it further enacted,that there shall be a solicitor-general of said city court of Thomasville,who shall be elected by the qualified voters of the county of Thamas,at the next general election held in said county tor the election of county officers in October,l908~whose term or office shall be for four years,beginning on the first day of January,l909. Said solicitor-general shall be commissioned by the Governor for a term of tour years from his election and qualification. Said solicitor-general shall be elected under the same rules and regulations as other county officers are elected All vacancies shall be tilled by the Governor of the State of Georgia,who shall appoint a solicitor-general of said city court to hold office until the first day or January next succeeding the next general election for county officers in said county,after the said vacancy occurs,at which election a successor shall be elected to fill the unexpired term,if any. Said solicitor-general shall be the prosecuting attorney of tne said city court of Tho.masville;he must be at least twenty-five years old at the time or his election;must have been a resident or the county of Thomas for at least three years immediately preceding his election. He shall

THURSDAY, FEBRUARY 28, 1935.

1533

prosecute for all offenses cognizant before the court,and shall represent the State in all cases carried to the Supreme court from said city court, but in his absence the judge may appoint a solicitorgeneral pro tern who shall receive the same fees allowed to the solicitor-general in cases conducted by him. The said solicitor-general shall receive a salary of not less than fifteen hundred dollars per annum and not more than two thousand dollars per annum, which shall be fixed annually,w1thin the limitations prescribed herein,by the County Commissioners of Thomas County at their first meeting in January of each year,and shall be paid monthly from the county treasury of Thomas County."

Section 3. That the Act approved August 9,1909, entitled "An Act to amend 'An Act to establish the City Court of Thomasville,in and for the county of Thomas;to define its jurisdiction and powers;to provide for the election of a judge and other officers thereof;to define their powers and duties,and for other purposest,approved August 18,1905,so as to cha~e date of term and limit fees of solicitor-general ,be and the same is hereby repealed.

Section 4. That the Act approved July 28 l93l,en-

titled "An Act to amend an Act,approved Juiy as found in Georgia Laws for 1918,commencing

31,1918 on Page

1

343 and ending on page 345,entitled 'An Act to amend

an Act entitled an Act to establish the City Court

of Thomasville,in and for the County of Thomas;to

define its jurisdiction and powers,etc.,approved Au-

gust 18, 1905, as amended the Act approved August 6,

1912,so as to change and fix the salary of the Judge

of said Court,and for other purposest,so that from

and after the passage of this Act and until other-

wise providedJthe salary of the Judge of said Court

shall be forty-five hundred dollars per annum in-

stead of,as provided by said Act of July 31,1918,

three thousand dollars,and for other purposes",be

and the same is hereby repealed.

Section 5. That the Act approved August 9,1923, entitled: "An Act to amend An Act entitled 'An Act

1534

JouRNAL oF THE HousE,

to establish the city court of Thomasville in and for the County of 1bomas of said State. To define its jurisdiction and powers,etc. Approved August 18, 1905,as amended by an Act approved August 9,1909,' so as to abolish the fees accruing to the office or solicitor-general in criminal cases in the city court of Thomasville in this State,as provided by the said Act approved August 18,1905,and the said Act approved August 9,1909,and in lieu thereof to provide a salary for said officer;to provide for the payment of such salary and for the disposition of the tines and fees which under the two said Acts would accrue to the office of solicitor-general,in said city court,and to impose certain duties upon the judge of said court with reference to the collection,payment and disposition of all funds,moneys and emoluments accruing to said office of solicitorgeneral under the aforesaid Acts of this State",be and the same is hereby repealed.

Section 6. The said solicitor-general of said city court shall collect and deduct from all fines, forfeitures and fees arising from the trial,d1sposition or institution of criminal prosecutions in said court the same fees which are all owed the solicitor-generals of the various judicial circuits by law for similar services,in the same manner as if such fees were allowed to him,and shall pay the same into the county treasury of Thomas County.

Section 7. This Act shall become effective January 1,1936.

Section 8. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

The report of the Committee,which was favorable to the passage of the bill,was agreed to,by substitute.

On were

1th0e4,npaaysssagoe.

of

the

bill,by

substitute,the

ayes

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

THURSDAY, FEBRUARY 28, 1935.

1535

By Senator Milhollin of the 46th District. Senate Bill No. 116. A bill to be entitled an Act
to amend an Act providing for the appointment and election of a Board of Commissioners of Roads and Revenues for the County of Coffee,and for other purposes.

The report or the Committee,which was favorable to the passage or the bill,was agreed to.

On nays

oth.e

passage

of

the

bill,the

ayes

were

107,

The bill having received the requisite constitutional majority was passed.

By Senator Millican of the 35th District. Senate Bill No. 159. A bill to be entitled an Act
to amend an Act establishing a new Charter for the City or Atlanta,and all amendatory Acts,so as to repeal Section 427 of the Code of the City of Atlanta or 1924,and substitute a new section in lieu thereof,and tor other purposes.

The report or the Committee,which was favorable to the passage or the bill,was agreed to.

On nays

oth.e

passage

or

the

bill,the

ayes

were

106,

The bill having received the requisite constitutional majority was passed.

By Messrs.Terrell and West or Hall. House Bill No. 754. A bill to be entitled an Act
to amend an Act establishing the Lula School District,and for other purposes.

The report or the Committee,which was favorable to the passage or the bill,was agreed to.

On nays

oth.e

passage

or

the

bill,the

ayes

were

103,

1536

JouRNAL OF THE HousE,

The bill having received the requisite constitutional majority was passed. By Messrs.Bloodworth,Bowden and Freeman of Bibb.
House Resolution No. 171-763c. A resolution designating the bridge over the Ocmulge~ River at S~ring Street in the City of Macon,as the W.L. (Young) Stribling Memorial Bridge,and for other purposes.
The report of the Committee,which was favorable to the adoption of the resolution,was agreed to.
On the adoption of the resolution,the ayes were
1051 nays o.
The resolution having received the requisite constitutional majority was passed.
By unanimous consent,the following resolution of the Senate was read the first time and referred to the Committee: By Senator Rawlins of the 45th District.
Senate Resolution No. 69. A resolution providing for the payment of the premiums on the bonds of the tax collector and sheriff of Telfair County,and for other purposes.
Referred to the Committee on Counties and County Matters.
By unanimous consent,Mr.Coleman of Lowndes was granted the privilege to strike his name as one of the authors of House Bill No. 576.
Mr.Freeman of Early arose to a question of personal privilege and addressed the House.
The following resolution of the House was read and adopted: By Messrs.Terrell of Warren and Pound of Hancock.
House Resolution No. 178. A resolution urging the citizens of the State of Georgia to use more cotton, and for other purposes.

THURSDAY, FEBRUARY 28, 1935.

1537

By unanimous consent,the resolution was ordered immediately transmitted to the Senate.

The following bills of the House were taken up for the purpose of considering the Senate amendments thereto:

By Mr .Moore of Haralson. House Bill No. 219. A bill to be entitled an Act
to amend an Act to create a Board of Commissioners of Roads and Revenues for Haralson County,and for other purposes.

The following Senate amendment to House Bill No. 219 was read and agreed to:

By the Senate:

The Senate amends House Bill No. 219 by striking the provisions of section 10 thereof,and inserting in lieu thereof the following:

Be it enacted by the authority aforesaid that sec-

tion 11 of said Act be andthe same is hereby re-

pealed and the following substituted in lieu there-

of: Said commissioner shall be elected at the same

time and place as other county officers of said

county. Upon receipt of his commission,taking the

oath,and giving bond,he shall at once enter upon his

duties as the duly constituted Commissioner of Roads

and Revenues of said county. He shall give his per-

sonal attention to the duties of supervising the

public ary of

roads of $1500.00

said per

ancnouumnt,yw1haincdh

shall receive a he shall pay by

sal-

order duly signed,quarterly during each year;and he

shall also,in addition to the above salary,receive

$1.00 per day for each day he uses his car in the

performance of his official duties. He shall be al-

lowed $25.00 per month for the salary of his clerk.

He shall meet at 9 o'cloc~A.M.,pn the first Tuesday

of each month,and may adjourn to a subsequent day,

or he roay,in his discretion,call a special meeting

of the Board when an extra-ordinary reason exists.

1538

JouRNAL OF THE HousE,

Said bill is further amended by striking the provisions of section 14 thereof,and inserting in lieu thereof the following: Provided that the provisions of this bill shall not became effective until the expiration of the present term of the Board of Cammissioners of Roads and Revenues of said county who shall continue to hold said office until December 31,1936. But said one commissioner shall be elected as other county officers at the general election on the 1st Tuesday in November,l936,his term of office beginning January 1,1937.
Said bill is further amended by adding a new section thereof to be known as section 15,as follows: Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with this Act be and the same is hereby repealed. By Messrs.Griffin and Mills of Decatur.
House Bill No. 367. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Decatur,and for other purposes.
The following Senate amendment to House Bill No. 367 was read and agreed to: By the Senate:
The Senate moves to amend House Bill No. 367 as follows: By striking Section 8 of said bill in its entirety,and substituting in lieu therefor a new Section 8 to read as follows:
asection 8. All Of said Board of Commissioners ot Roads and Revenues shall be paid out of the County Treasury of said County a per diem of $3.00 per day for each day of their services rendered to said County, the same to be paid monthly". By Mr.Salter of Baker.
House Bill No. 376. A bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues for Bacon County,and for other purposes.

THURSDAY, FEBRUARY 28, 1935.

1539

The following Senate amendment to House Bill No. 376 was read and agreed to: By the Senate:
The Senate moves to amend the within bill by adding at the bottom or Section No. 1 the words, "But in no case shall said County Commissioners receive pay ror more than three meetings in any one month".
Under the call or the Chairman or the Committee on Appropriations,the following bill or the House was taken up ror consideration and read the third t~e: By Mr.Culpepper of Fayette.
House Bill No. 240. BUDGET BILL
AN ACT to make appropriations for the operation or the State government,ror the support or its eleemosynary institutions,ror aid to the University System and to common schools or the State,ror aid to the counties ror roads and ror the payment or the public debt and the interest thereon,ror the calendar years 1936 and 1937;to provide ror a reduction in the sums appropriated ror certain purposes in the event or a deficiency in revenue in either or the periods covered under this Act;to suspend the operation or parts or Acts allocating certain revenue ror special purposes,so that such revenues shall be paid into the General Fund or the State Treasury to reimburse the General Fund for the payment or appropriations herein made in fixed amounts in lieu or such-allocated revenues; to provide that 3% or certain revenues allocated under existing laws ror special purposes shall be paid into the General Funds or the Treasury to reimburse the general government cost allocable to such special purposes;and to repeal conflicting laws. Be it enacted by the General Assembly or Georgia, and it is hereby enacted that the sums or money hereinafter set out are appropriated for each or the calendar years 1936 and 1937:

1540

JouRNAL OF THE HousE,

For the Calendar Year

1936

1937

SECTION 1

AGRICULTURE,DEPARTMENT OF

(1) (a)For the operating cost of the department $ 324,000.00 $280,ooo.oo

Provided that of the

appro~riat1on for

19
be

3i6m,$m4e4d1 0ia0t0e.l0y0asvhaaill-l

able

SECTION 2 AUDITS,DEPARTMENT OF
(1) (a)For the operating cost of the department $ 100,000.00 $100,000.00 Provided,that the State Auditor is directed to set up in his department a bureau of statistics of local government financial condition and operations.

SECTION 3 BANKING,DEPARTMENT OF
(1) (a)For the operating cost of the depart-
ment 97% of the allocations
fixed by law.

THURSDAY, FEBRUARY 28, 1935.

1541

For the Calendar Year

1936

1937

SECTION 4

COMPTROLLER GENERAL

(1) (a)For the operating cost of the department $ 198,000.00 $ 198,000.00

Pooroo.voiodeodf,tthhaet

$60,tax on

motor fuels for each

of years 1936 and

1937 is hereby allo-

cated to the General

Fund to reimburse

said fund for the op-

erating cost of the

Bureau of Fuel Oil

Inspection, provided

for in this item;and

Pooroo.voiodeodf,tthhaet

$42,Motor

Carriers Mileage Tax

for each of the years

1936 and 1937 is here-

by allocated to the

General Fund to reim-

burse said fund for

the operating cost of

administering the

Motor Carriers Tax

Act,provided for in

this item.

SECTION 5

EDUCATION,DEPARTMENT OF

(1) (a)For grants for aid to common schools and the consolidated

1542

JouRNAL oF THE HousE,

For the Calendar Year

1936

1937

schools;ror vocational education; for vocational rehabilitation; for the salaries or county school superintendents; for the operating cost of the de-
partment $4,ooo,ooo.oo $4,ooo,ooo.oo

Provided,that the State Board of Education is authorized to make allotments from this sum ror the purposes named ill the item,subject to the provisions or the Budget Act.

Provided, further, that the runds arising rrom the sale or Stateowned automobiles, under the Act approved March 15, 1933,shall be paid into the General Fund or the State Treasury.

(2) (b)For grants for aid to the common and consolidated schools under the provisions or the Common School Equalization Act.97% of the allocations fixed by law.

THURSDAY, FEBRUARY 28, 1935.

1543

For the Calendar Year

1936

1937

SECTION 6

ENTOMOLOGIST, STATE

(1) (a)For the operating cost of the department $ 45,000.00 $ 45,000.00

SECTION 7

FORESTRY AND GEOLOGICAL DEVELOPMENT,DEPARTMENT OF

(1) (a)For the operating cost of the department $ 50,000.00 $ 50,000.00

SECTION 8

GAME AND FISH, DEPARTMENT OF

(1) (a)For the operating cost of the department 97% of the allocations fixed by law.

SECTION 9

GOVERNOR

(1) For the operating cost of the Governor's office;of the office of the Supervisor of Purchases;of the office of Keeper of PUblic Buildings and Grmmds; for maintenance of buildings and grounds and of the Confederate Cemetery at Marietta; for payment of rewards;

1544

JouRNAL OF THE HousE,

For the Calendar Year

1936

1937

for publishing notices required by law; for publishing and distributing the Acts and Journals of the General Assembly and the Codes of Georgia; for insurance on public property not otherwise provided for $ 103,500.00 $ 103,500.00

Provided,that the State agency having in charge any State property shall pay the premium of insurance on such property.

(2) (b)For an Emergency Fund for allotment under the provisions of Section 8 of the Budget Act $ 167,000.00 $ 102,000.00

Provided,that of the appropriation for 1936,$65,000.00 shall be immediately available for allotment to the Military Department for expenses of Riot Duty.

(3) (c)For State property Insurance Reserve Fund to be immediately available if needed $ 100,000.00 $ 100,000.00

THURSDAY, FEBRUARY 28, 1935.

1545

For the Calendar Year

1936

1937

SECTION 10

HIGHWAYS,DEPARTMENT OF

(1) (a)For the operating cost or the department and the construction and maintenance or the State road system . 97% or the allocations fixed by law.

SECTION 11

INDUSTRIAL RELATIONS,DEPARTMENT OF

(l)(a)For the operating cost of the Division of Commerce and Labor$ 9,000.00 $ 91 000.00
(2)(b)For the operating cost for administering the Workmen's Compensation Act 97% of the allocations fixed by law.

SECTION 12

LAW,DEPARTMENT OF

(l)(a)For the operating cost of the department. $ 30,000.00 $ 30,000.00

SECTION 13

LIBRARY

(l)(a)For the operating cost and purchase of publications. $ 8,000.00 $ 8,000.00

1546

JouRNAL or THE HousE,

For the Calendar Year

1936

1937

Provided,that the salary of the State Librarian shall be $2,400.00 per annum, and the fees for commissioning Notaries Public shall be paid into the General fund of the State Treasury.

(2){b)For printing and distributing the reports of the Supreme and Appeals Courts $ 10,000.00 $ 10,000.00

SECTION 14

LIBRARY COMMISSION

(l)(a)For the operating cost of the Commission and the purchase of publications $ 10,000.00 $ 10,000~00

SECTION 15

OF ~LITARY,DEPARTMENT

(l)(a)For the operating cost of the department and aid to the Military Organization $60,000.00 $60,000.00

(2,(b)For Riot Duty $100,000.00 $100,000.00

Provided,that the appropriations under this item shall not be available except

THURSDAY, FEBRUARY 28, 1935.

1547

For the Calendar Year

1936

1937

for the suppression of insurrection and r1oting,for the protection of person and property 1n this State and protection to every citizen in the exercise of his inalienable right to work unmolested and unintimidated; and Provided, that any unused part of the appropriations under this item Shall lapse and revert to the General Fund of the State Treasury at the end of the year for which appropriated.

SECTION 16

NAVAL STORES SUPERVISING INSPECTOR

(1) (a)For the compensation of the Supervising Naval Stores Inspector 97% of the allocations fixed by law.

SECTION 17

PRISON CO:Mr1ISSION

(l)(a)For the operating cost of the Commission$ 42,000.00 $36,000.00

1548

JouRNAL oF THE HousE,

Provided,that of the appropriation for 1936,$6,000.00 shall be immediately available.

For the Calendar Year

1936

1937

(2) (b)For the operating cost of the Prison Farm in Baldwin County.$ 85,000.00 $ 85,000.00

(3) (c)For the operating cost of the Prison Farm in Tattnall County $ 15 1 000 e 00 $ 15 I 000 e 00

SECTION 18

PUBLIC HEALTH,DEPARTMENT OF

(1) (a)For the operating cost of the department. $125, 000. 00 $125, 000.00

SECTION 19

PUBLIC SERVICE COMMISSION

(1) (a)For the operating

cost of the Commis-

sian.

















.97% of the allocation fixed by law.

SECTION 20

REVENUE COMMISSION

(1) (a)For the operating cost of the Division of Cigar and Cigarette and Delinquent Taxes $ 80,000.00 $ 80,000.00

THURSDAY, FEBRUARY 28, 1935.

1549

For the Calendar Year

1936

1937

{2) (b)For the operating cost of the Division of Income Tax. $ 80,000.00 $ 80 1 000.00 Provided,that overpayments of income tax found to be due under the law are authorized to be refunded out of any tax money in the hands of the Income Tax Division, and Section 61 of the Income Tax Act of 1931 is hereby suspended. Provided,further,that all funds held in the State Treasury in the Income Tax Refund Reserve Fund under the provisions of Section 11 of the Income Tax Act of 1929 and Section 61 of the Income Tax Act of 1931 are hereby directed to be transferred to the General Fund.

(3) (c)For the operating cost of the Division of Motor Vehicle Registration,not including the cost of tags $ 80,000.00 $ 80,000.00

Provided,that $80,000.00 of the Motor Vehicle Registration License Tax is hereby directed to be paid into the General Fund of the State Treasury in each of the years

.1550

JouRNAL OF THE HousE,

For the Calendar Year

1936

1937

1936 and 1937 to reimburse the General Fund for the appropriation provided in this item.

SECTION 21

SECRETARY OF STATE

(1) (a)For the operating cost of the department except as provided in items \b)
and (c) $ 25,000.00 $ 25,000.00

(2) (b)For the operating cost to administer the laws regulating tha practice of professions. 97% of the allocations fixed by law.

(3) (c)For the operating cost to administer the Securities Law

97% of the allocations fixed by law.

SECTION 22

STATE TREASURER

(1) (a)For the operating cost of the depart7 ment $ 27,500.00 $ 27,500.00

Provided,that the salary of the State Treasurer shall be $6,000.00 annually.

(2) (b)For the interest on public debt,includlng the Constitutional

THURSDAY, FEBRUARY 28, 1935.

1551

For the Calendar Year

1936

1937

Debt to the University System $ 200,000.00 $200,000.00

(3) (c)For the Sinking Fund tor payment or the principal o! the public debt. Allocation fixed by law.

(4) (d)For the redemption ot Western and Atlantic Railroad Rental Discounts. Allocation fixed by law.

(5) (e)For grants to counties tor aid on county road construction and maintenance. 97% or allocation fixed by law.

(6) (!)For the operating cost or the Supreme Court $ 73,000.00 $ 73,000.00

(7) (g)For the operating cost or the Court or Appeals $ 74,000.00 $ 74,000.00

(8) (h)For the salaries and tees or Judges and Solicitors General or Superior Courts $ 206,000.00 $ 206,000.00

(9) (i)For compensation and mileage o! the President and members of the Senate and of the Speaker and members of the House o! Representatives; for the compensation or the Secretary o! the

1552

JouRNAL or THE HousE,

For the calendar Year

1936

1937

Senate,of the Clerk of the House of Representatives,of the messengers and doorkeepers of Senate and House of Representatives as fixed by law;for the travelexpenses of members of legislative committees; and,for supplies,repairs, printing and other incidental expenses of the General Assembly

$ 192,000.00

SECTION 23

VETERANS' SERVICE OFFICE

(a)For pensions to Confederate soldiers and widows,for funeral expenses,for fees of ordinaries,and for operating cost of the department. Allocation fixed by
law.

Provided,that from the allocation not more than $35,000.00 may be used in each year for the operating cost of the department: and Provided, further,that after paying pensions,funeral expenses;ordinaries fees and administration expense currently due,any surplus fund may be used for paying any pensions, funeral expenses, or ordinaries fees which may be due from prior

THURSDAY, FEBRUARY 28, 1935.

1553

For the Calendar Year

1936

1937

years,such claims to be

paid in the order

of age-oldest

first.

SECTION 24

-ELEEMOSYNARY INSTI'IUTIONS, BOARD OF CONTROL OF

(a)For the operating cost of the Board,of the Division of Public Welfare of the Milledgevilie State Hospital,of the Tuberculosis Sanatorium, of the School for Mental Defectives,of the School for the Deaf,of the Academy for the Blind,of the Training School for Boys,of the Training School for Girls,and of the Confederate Soldiers Home including the weekly allowance to inmates. $1,648,000.00 $1,500,000.00

Provided,that the Board of Control is hereby authorized to make allotments from this sum to the Institutions and activities under its control, subject to the provisions of the Budget Act; and

Provided,further,that of the appropriation

1554

JouRNAL OF THE HousE,

For the Calendar Year

1936

1937

for 1936,$148,000.00 shall be immediately available for allotment to Milledgeville State Hospital for use in paying their indebtedness.

SECTION 25

UNIVERSITY SYSTEI1,REGENTS OF

(a)For the operating cost of the Regents and for aid to the University System $1,300,000.00 $1,300,000.00

TOTAL FOR EACH YEAR $9,375,000.00 $9,304,000.00

S8ction 26. In the event that the funds available for paying the fixed sum appropriations herein made should be less than the total sum of such appropriations in either of the periods covered under this Act,then such appropriations shall be reduced pro rata in the amount of such deficiency,provided,however,that the sums appropriated for the interest on public debt, and for the judicial and legislative branches of the government shall not be effected by the provisions of this Section.

The. swns so stricken under the provisions of this Section are hereby declared annulled, and the sums remaining after the application of the provisions of this Section shall be the appropriations for the purposes named, in lieu of the amounts set out in this Act.

Section 27. Wherever in this Act fixed sums are appropriated for purposes for which State revenues are allocated under existing laws,such fixed sums

THURSDAY, FEBRUARY 28, 1935.

1555

are in lieu and/or inclusive of such allocated revenues,and the operation of parts of Acts so allocating revenues for specific purposes is hereby suspended for the period for which fixed sums are appropriated under the within Act. The State agencies charged with the duty of collecting the revenues affected by the provisions of this section are hereby directed to pay all of said revenues into the General Fund of the State Treasury, and at the beginning of the biennium covered by this Act, the State Treasurer is directed to transfer to the General Fund any balances held in allocated funds so affected by the provisions of.this Section.
Section 28. Wherever in this Act there is appropriated 11 97% of the allocation fixed by law11 for purposes for which said revenues are allocated under existing laws, the operation of all such laws in excess of the 979"6 appropriated in this Act are hereby suspended for the periods covered by this Act, and the State agencies charged with the duty of collecting the revenues affected by the provisions of this Section are hereby directed to pay the 3% excess over the amount appropriated into the General Fund of the State Treasury to reimburse the General Fund for general governmental cost allocable to said special funds.
Section 29. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed.
Mr.Culpepper of Fayette moved that when the House was resolved into the Committee of the Whole House, that the Committee of the Whole House be instructed to report House Bill No. 240 back to the House,without increasing the amount of the total appropria.tions made therein.
By unanimous consent,the motion was withdrawn. Mr. Lanier of Richmond moved that it is the sense of this House that further consideration of House Bill No. 240 as amended is hereby postponed until

1556

JouRNAL OF THE HousE,

after consideration by the Senate of the Liquor Bill and also of the Beer Bill passed by this House, and the motion was lost.

The Speaker asked unanimous consent that when the House was resolved into the Committee of the Whole House for the purpose of considering House Bill~o. 240, that the Committee of the Whole House be instructed to lL~it individual speeches of members to five minutes, with the exception of the Chairman of the Committee on Appropriations, and the request was granted.

The House was resolved into the Committee of the Whole House for the purpose of considering House Bill No. 240, and the Speaker designated Messrs. Lindsay of DeKalb and Head of Catoosa as the Chairmen, alternately, thereof.

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

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

Mr.Speaker:

The Senate has passed by the requisite constitutional majority the following resolution of the Senate, to wit: By Senator vaughn of the 34th District.
Senate Resolution No. 68. Resolved by the Senate, the House of Representatives concurring, that the

THURSDAY, FEBRUARY 28, 1935.

1557

State Librarian is hereby authorized and directed to furnish to each member of the present General Assembly of Georgia the new 1933 code of Georgia at actual wholesale or net cost to the state.

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

Mr .speal<er: The Senate has passed by the requisite constitu-
tional majority the following bill of the House,to wit: By Mr.Daughtry of Wilkinson.
House Bill No. 527. A bill to be entitled an Act to reduce the official bond of the Sheriff of the County of Wilkinson, and for other purposes.
The following message was received from the Senate through Mr.Hammond,the Secretary thereof: Mr .speaker:
The Senate has passed by the requisite constitutional majority the following resolution of the Senate, to wit: By Senator Evans of the 29th District and Senator Chappell of the 13th District.
Senate Resolution No. 90. A resolution requesting the House to act on such Senate measures as are now before the House and extending greetings and best wishes.

1558

JouRNAL OF THE HousE,

Mr. Jackson of Bleckley moved that the House recess until 1:00 otclock this afternoon, and the motion prevailed.

The Speaker announced the House recessed until 1:00 otclock this afternoon.
1:00 otclock,P. M., The Speaker called the House to order.

The House was again resolved into the Committee of the Whole House for further consideration df House Bill No. 240, witli. Het>srs. Lindsay of DeKalb and Head of Catoosa as the Chairman, respectively, thereof.
The committee of the Whole House arose and through its Chairman reported progress and asked leave to sit again.
Mr. Sabados of Dougherty moved that the House do now adjourn until 9:00 otclock tomorrow morning.
Mr.Campbell of Newton moved that the House do now adjourn,and the motion was lost.
The motion that tho House do now adjourn until 9:00 o'clock tomorrow morning, prevailed, and House Bill No. 240 went over as unfinished business.
Leaves of absence were ~nted to Messrs.Weathers of Jenkins, Hampton of Fannin, Douglass of Talbot,

THURSDAY, FEBRUARY 28, 1935.

1559

Goolsby of McDuffie, Lewis of Burke, Hammock of Randolph, and McBride of Montgomery.

The Speaker announced the House adjourned until tomorrow morning at 9:00 otclock.

1560

jOURNAL OF THE HousE,

~epresentative Hall,Atlanta,Ga. Friday, March 1, 1935.

The House met pursuant to adjournment this day at 9:00 otclock,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 Allen Almand of Fulton Almand of Walton Anderson Ansley of DeKalb Ansley of Lee Arnall Atwood Bannister Bargeron Barnard Barrett Batchelor Bennett Benton Bond Booth Bowden Black Bland Blease Bloodworth Bradley Brinson Brisendine BrookS Brown of Glynn Brown of Greene Brown of Pike Burgin Bush Camp

Campbell

Etheridge

Caswell

Felton

Claxton of Cam- Flynt

den

Fowler

Claxton of Jolm- Freeman of Bibb

son

Freeman of

Clements of Cal- Early

houn

Ganmage

Clements <Jf Wheel- Gardner

er

Garrett

Cobb

Gavin

Cohen Coleman

Gilbert Gnann

Coxon

Goolsby

Culpepper of Ec- Grayson

hols

Green

Culpepper of Fayette

Griffin of Decatur

Darnell Daughtry

Griffin of Floyd

Davis of Troup Deal

Groover Groves

Dean

Guess

DeLoach

Hanrrnock

Dobbins

Hampton

Dorris Douglass Durden

Hand
Harris Harrison

Dyer

Hartsfield

Edwards of Lowndes Herndon

Edwards of Stephens

Head Hefner

Ennis

Henderson

FRIDAY, MARCH 1, 1935.

1561

Hogan

Mitchell of La- Smith of Madison

Hogg

mar

Smith of Webster

Holland

mtchell of Talia-8pivey

Hooks

ferro

Standard

Horton

Moore of Clayton Stephens

Houston

Moore of Haralson Sutton

Howard of Chat- Morris

Swindle

tahoochee

Moye

Teasley

Howard of Sere- Mundy

Terrell of Hall

ven

Musgrove

Terrell of

Jackson of Bleck- Neal

Troup

ley

Newby

Terrell of War-

Jackson of Haber- Oden

ren

Sba.m

Parham

Thompson

Joel

Parker of Col- Thrasher

Johnson

qu1tt

Tipton

JohnSton

Parker of Union Toms

Jones of Brant- Parks

Townsend

ley

Parr

Twitty

Jones of Lumpkin Patten of Cook Warnell

Kelley

Patten of Tift Watkins

Lanier

Peebles

Watson

Lee

Peek

Weathers

Leonard of Musco- Perry

Weeks

gee

Peters

Welsch

Leonard of Walker Pound

West

Lewallen

Preston of Bul- Whaley

Lewis

loch

Whitmire

Lindsay

Preston of Wal- Williams of Ba-

McBride

ton

con

McCracken

Ramsey

Williams of Cof-

McCranie

Rawlins

fee

McCutchen

Ray

Williams of

McGraw

Reagan

Jackson

McKelvey

Ross

Williams of

McNall

Sabados

Jones

Mallory

Salter

Willingham

Mann

Sarmnon

Wilson

Manning

Sartain

Woods

Marshall

Saunders

Wrench

Martin

Scruggs

Young

Milam

Settle

Zellner

Mills

Shedd

Mr. Speaker

Minchew

Shirah

<mD See Appendix 1Volume I 1for absentees.

1562

JouRNAL OF THE HousE,

Mr. Watson of Paulding, Acting Chairman of the

Committee on Journals, reported that the Journal

of yesterdayts proceedings had been read and found

correct.



By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

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

1. Introduction of bills and resolutions under the Rules of the House.
2. Reports of Standing Committees. 3. Second reading of bills and resolutions, favorably reported. 4. Third reading and passage of local uncontested House Bills. 5. First reading and reference of Senate Bills and Resolutions.

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

By Mr. Freeman of Early. House Bill No. 799. A bill to be entitled an Act
to amend an Act incorporating the City of Blakely; to create the office of Mayor and Council, and for other purposes.

Referred to Committee on Municipal Government.

By Messrs. Bloodworth, Bowden and Freeman of Bibb. House Bill No. 800. A bill to be entitled an Act
to amend an Act establishing the Municipal Court of Macon, so as to change the date of Sheriff's sales, and for other purposes.

Referred to Committee on Counties and County Matters.

FRIDAY, MARCH 1, 1935.

1563

By Messrs. Willingham of Floyd, Arnall of Coweta and Almand of Fulton.
House Bill No. 801. A bill to be entitled an Act to amend Title 24, Part IX, Chapter 24-38, Section 24-3801 of 1933 Code, so as to provide for three terms of the Supreme Court and Court of Appeals,and for other purposes.
Referred to Committee on Special Judiciary. By Mr. Booth of Barrow.
House Bill No.802. A bill to be entitled an Act to reduce the bond of the Sheriff of Barrow County, and for other purposes.
Referred to Committee on Counties and County Matters. By Mr. Booth of Barrow.
House Bill No. 803. A bill to be entitled an Act
to repeal an Act which abolished the office ot coun-
ty treasurer of Barrow County, and for other purposes.
Referred to Comndttee on Counties and County Matters. By Mr. Smith of Madison.
House Bill No.804. A bill to be entitled an Act to amend Section 84-910 of 1933 Code so as to provide that the Board of Medical Examiners are authorized to prescribe a three year course for medical schools, and for other purposes.
Referred to Committee on General Judiciary No. 1. By Mr. Teasley of Cherokee.
House Bill No.805. A bill to be entitled an Act to amend the Neill-Traylor Bill by adding a road in Cherokee County, and for other purposes.
Referred to Committee on Public Highways No.2.

'1564

JouRNAL oF THE HousE,

By Messrs. DeLoach of Evans~easley of Cherokee and Warnell of Bryan.
House Bill No.806. A bill to be entitled an Act to constitute tax collectors and tax commissioners as ex-officio sheriffs, and for other purposes.

Referred to Committee on Counties and County Matters.

By Mr. Pound of Hancock.

House Bill No.807. A bill to be entitled an Act

to provide for the leasing and cont State's property not covered by the

rwo.llianngd

of the A.lease,

in Chattanooga, and for other purposes.

Referred to Committee on Western and Atlantic Railroad.

By Mr. Whaley of Telfair. House Bill No.808. A bill to be entitled an Act
to amend an Act creating the office of Commissioner of Roads and Revenues of Telfair County, so as to provide a four year term for the commissioner, and for other purposes.

Referred to Co~~ittee on Counties and County Matters.

By Messrs. Lindsay, Guess and Ansley of DeKalb. House Bill No.809. A bill to be entitled an Act
to create the Fulton-DeKalb Sewer District; to define its boundaries, and for other purposes.

Referred to Committee on Municipal Government.

Mr. Bargeron of Burke County,Cha1rman of the Committee on General Agriculture No. l,submitted the following report:

Mr. Speaker: Your Committee on General Agriculture No. 1 have
had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

FRIDAY, MARCH 1, 1935.

1565

House Bill No. 357, do pass. House Bill No. 718, do pass. House Bill No. 739, do pass. House Bill No. 791, do pass. House Bill No. 792, do pass.
Respectfully submitted, Bargeron of Burke, Chairman.
Mr. Almand of Walton County,Cha1rman of the Committee on Motor Vehicles,submitted the following report: Mr. Speaker:
Your Committee on Motor Vehicles have had under consideration the following bills of the House and have instructed me as Chairman to report the same back to the House with the foliowing recommendations:
House Bill No. 101, do pass. House Bill No. 129, do pass. House Bill No. 190, do not pass. House Bill No. 575, do not pass.
Respectfully submitted, Almand of Walton, Chairman.
Mr. Grayson of Chatham County,Chairman of the Committee on Special Judiciary, submitted the following report: Mr. Speaker:
Your Committee on Special Judiciary have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendation:
Senate Bill No.79, do pass by substitute. Respectfully submitted, Grayson of Chatham, Chairman.

1566

JouRNAL OF THE HousE,

Mr. Henderson of Irwin County, Chairman of the Committee on Pensions, submitted the following report: Mr. Speaker:
Your Committee on Pensions have had under consideration the following bill or the House and have instructed me as Chairman,to report the same back to the House with the following recommendation:
House Bill No. 795, do pass. Respectfully submitted, Henderson of Irwin, Chairman.
Mr. Edwards of Lowndes County, Chairman o! the Committee on State of the Republic, submitted the following report: Mr. Speaker:
Your Committee on State of the Republic have had under consideration the following bills or the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
House Bill No. 75, do pass. House Bill No. 126, do pass. House Bill No. 404, do pass. House Bill No. 451, do pass. House Bill No. 76, do pass. House Bill No. 402, do pass.
Respectfully submitted, Edwards or Lowndes I Chatman.
Mr. Spivey o! Emanuel County, Chairman o! the Committee on Ways and Means, submitted the following report:

FRIDAY, MARCH 1, 1935.

1567

Mr. Speaker: Your Committee on Ways and Means have had under
consideration the following bills of the House and have instructed me as Chairman to report the same back to the House with the foliowing recommendations:
House Bill No. 775, do pass. House Bill No. 777, do p~'.ss. House Bill No. 740, do not pass.
Respectfully submitted, Spivey or Emanuel, Chairman.
By unanimous consent, the following bills of the House and Senate, favorably reported, were read the second time : By Mr. Edwards of Lowndes, and others.
House Bill No.75. A bill to be entitled an Act to amend the Code of Georgia of 1933, by providing for the admission in evidence of the record of proceedings before the Public Service Commission, and for other purposes. By Mr. Edwards of Lowndes, and others.
House Bill No. 76. A bill to be entitled an Act to amend the Code of Georgia of 1933, by adding a new section providing the procedure in cases involving rate orders, and for other purposes. By Senator Millican of the 35th.
Senate Bill No.79. A bill to be entitled an Act to provide for confirmation of sales under foreclosure proceedings on real estate, and for other purposesc By 1'1essrs.Arnal1 and Dyer of Coweta.
House Bill No. 101. A bill to be entitled an Act to relate to the giving of proof of financial responsibility by owners and operators of motor vehicles, and for other purposes.

1568

JouRNAL oF THE HousE,

By Messrs. Edwards of Lovmdes, Jackson of Blackley, and others.
House Bill No.l26. A bill to be entitled an Act to amend an Act so as to fix the salaries of the Prison Commissioners, and for other purposes.

By Mr. Henderson of Irwin.
House Bill No.l29. A bill to be entitled an Act to amend an Act known as the Georgia Motor Vehicle Law, to provide and make it unlawful for any person resident of the State of Georgia to operate a motor vehicle without obtaining a license.

By Mr. Freeman of Early.
House Bill No.357. A bill to be entitled an Act to provide a penalty for slaughtering,killing, or destroying live stock in Early County, and forother purposes.

By Mr. Edwards of Lowndes. House Bill No.402. A bill to be entitled an Act
to amend Chapter No.30-2 of 1933, so as to provide for the payment of alimony to the husband out of the separte estate of the wife, and for other purposes.

By Mr. Marshall of Macon. House Bill No.404. A bill to be entitled an Act
to amend title 92, part III,Chapter 92-65 by adding a new section providing for annual appropriations for refund of certain taxes illegally collected, and for other purposes.

By Messrs. Jackson of Habersham, Rivers of Lanier,

Peters of Meriwether, and others.

House Bill No.451. A bill to be entitled an Act

to amend an Act so as to provide for the establish-

ment of a Ninth District Junior College, and for

other purposes.



By Mr. Edwards of Lowndes. House Bill No.718. A bill to be entitled an Act
to prevent fraud in reference to advertising for sale,selling or offering to sell plants and to

FRIDAY, MARCH 1, 1935.

1569

promote the plant industry in this state, and for other purposes. By Mr. Gnann of Effingham.
House Bill No.739. A bill to be entitled an Act to provide for the reforestation of timber lands, and for other purposes. By Messrs. Harris of Richmond, Claxton of Johnson, and others.
House Bill No.775. A bill to be entitled an Act to require the State Revenue Commission to furnish County Tax receivers with certain information regarding licensed motor vehicles, and for other purposes. By Mr. Spivey of Emanuel, and others.
House Bill No.777. A bill to be entitled an Act to amend Section 92-2001 of Chapter 92-20 of the Code of Georgia of 1933, so as to include persons who travel and/or haul live stock in trucks for sale or trade for profit, and for other purposes. By Mr. Cobb of Clarke.
House Bill No.791. A bil1 to be entitled an Act to promote temperance and prosperity for Georgia People, to foster and encourage the growing of grapes, and for other purposes. By Mr. Parr of Taylor.
House Bill No.792. A bill to be entitled an Act to regulate the marketing of eggs,and for other purposes. By Mr. Dyer of Coweta.
House Bill No.795. A bill to be entitled an Act to provide for the payment of the burial expenses of confederate pensioners, and for other purposes.
By unanimous consent, the following bills of the House were read the third time,and placed upon their passage:

1570

JouRNAL OF THE HousE,

By Messrs. Griffin and Mills of Decatur. House Bill No.728. A bill to be entitled an Act
to amend an Act to establish 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
nays

oth. e

passage

of

the

bill,

the

ayes were

106,

The bill having received the requisite constitutional majority was passed.

By Messrs. Lindsay,Guess and Ansley of DeKalb. House Bill No.786. A bill to be entitled an Act
to amend an Act providing a new Charter for the Town of Decatur, so as to change the time for closing the registration books of the City of Decatur before elections, and for other purposes.

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

On nays

oth. e

passage

of

the

bill,

the

ayes

were

105,

The bill having received the requisite constitutional majority was passed.

By Messrs. Lindsay, Guess and Ansley of DeKalb. House Bill No.787. A bill to be entitled an Act
to amend an Act providing for a new Charter for the Town of Decatur, so as to authorize the City of Decatur to enter into contracts with other towns to supply said City of Decatur with water and/or sewer connections, and for other purposes.

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

On nays

oth. e

passage

of

the

bill,

the

ayes

were

104,

FRIDAY, l\IARCH 1, 1935.

1571

The bill having received the requisite constitutional majority was passed. By Messrs. Lindsay, Guess and Ansley of DeKalb.
House Bill No.788. A bill to be entitled an Act to amend an Act providing for a new Charter for the Town of Decatur, so as to change the form of ballot used in holding elections, and for other purposes.
The report of the Committe~wh1ch was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103,
nays o.
The bill having received the requisite constitutional majority was passed.
The following resolution of the Senate was read the first time and referred to the Committee: By Senator Vaughn of the 34th District.
Senate Resolution No.68. A resolution directing the State Librarian to furnish each member of the General Assembly of Georgia, the new 1933 Code of Georgia at the actual wholesale price, and for other purposes.
Referred to the Committee on Public Library. By unanimous consent the following bill of the House was withdrawn from the Committee on Amendments to the Constitution No. l and recommitted to the Committee on State of Republic: By Messrs. Edwards and Coleman of Lowndes. House Bill No.75l. A bill to be entitled an Act to amend the Constitution so as to authorize any municipality to issue bonds for the construction of any public utility, beyond the general limit of bonded indebtedness prescribed by law, and for other purposes. Mr. Shedd of Wayne, Chairman of the Committee on

1572

JouRNAL oF THE HousE,

Conservation, submitted the following report: February 28,1935.
TO THE MEMBERS OF THE GENERAL ASSEMBLY: Your Committee on Conservation, having been grant-
ed a three day leave of absence, made a tour of our state on February 21,22, and 23, studyin~ our natural resources, and submits the following report:
We travelled from Atlanta to the Florida line and the sea in conjunction with the Committee on Game and Fish. As this latter committee has made a separate report this report will be confined largely to the subject of reforestation and the possibilities of developing and utilizing our timber resources.
We find that the leadership of the Federal Government in the interest of reforestation by the establishment of forestry camps over the state, has lent great impetus to the subject and that the educationar influence of these camps has been quite as valuable as their physical performances.
In traversing the state we found evidence of the ravages uf forest fires everywhere and that the state has been denuded of its timber until there is little left that shows forth the beauty of the primitive forests. We are pleased to report that the Civilian Conservation Corps and the Timber Protective Organizations are doing some very valuable work in preventing forest fires.
At Soperton, Georgia, we visited what is perhaps the most outstanding demonstration of reforestation in the whole United States. This was on the estate of Honorable James Fowler, a member of this body. This demonstration project has been visited by many representatives of the Federal Department of Agriculture, by industrialists from all over the United States and Canada, including representatives of the pulp industry, and by representatives of insurance companies who have vast holdings in our state as

FRIDAY, MARCH 1, 1935.

1573

a result of foreclosures, and have found the lands unprofitable for agricultural purposes.
At this place we saw practical demonstrations in transp4anting young pine trees. Mr. Fowler has been conducting a reforestation project for a number of years and has conclusively demonstrated the practicability of reforestation in South Georgia.
There are unusual possibilities for reforestation in South Georgia because timber grows there faster than in almost any other section of the country.
We also visited the laboratories of Doctor Charles H. Herty, in Savannah, and witnessed the process of the manufacture of newsprint and rayon from common Georgia pine and other trees. We believe that Dr. Herty has demonstrated the. practicability of manufacturing paper and rayon from Georgia pine for commercial purposes and we feel that the establishment of a pulp industry in this state would do more toward the promotion of forestry and the development of our state than anything else that could be suggested.
We witnessed State and Federal forest preserves along the coast that we think have a distinct educational value.
We also visited the Okefenokee Swamp. We also visited the developments on Sea Island Beach and the terri tory surrounding the City of Savannah,and were impressed with the vast possibilities of the playground facilities of our state, and consider them of great commercial, as well as recreational, value. Our seacoast is becoming a winter and summer resort for people from all sections of the country. Your Committee submits the following recommendations: 1. That the Tax Laws of the state be so amended as

1574

JouRNAL OF THE HousE,

to make the ownership of real estate more attractive.

2. That in amending the Tax Laws provision be made for the setting aside of specific areas fir reforestation, which should be free from all taxation until such time as the forest products therefrom are marketed.

3. That proper legislation should be enacted to relieve manufacturers of wood pulp from taxation for the period of at least 15 years.

4. That the State should cooperate with the Federal Government to the fullest extent in the prevention of forest fires and in ti~ber protection.

5. That every facility at our command should be used in impressing our citizens, and particularly the youth of our state, with the importance of conservation C:l.i:Hl protection of our forests and natural resources.

6. That we should cooperate with the Federal Government in the establishment of forest reserves 1n our state,wh1ch should be used for experimental purposes in developing our forest resources.

7. That we should cooperate with the Federal Govern-

ment in having the Okefenokee Swamp set aside

as a national park.



Respectfully submitted, YOUR COMMIT1EE ON CONSERVATION, Shedd of Wayne Chairman.

The following communication was received from His Excellency, Governor Eugene Talmadge.
February 26 1 1935. TO THE GENERAL ASSEMBLY OF GEORGIA:
I have vetoed House Bill No.64 at the request of

FRIDAY, MARCH 1, 1935.

1575

Mr. Williams of Bacon, the author of the Bill, and I am returning this Bill to your body.
Respectfully, Eugene Talmadge Governor.
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.240. A bill to be entitled an Act to make appropriations for the operation of the State Government; for aid to the common schools of Georgia, and for other purposes.
The House was again resolved into the Committee of the Whole House for further consideration of House Bill No.240, with Messrs. Head of Catoosa and Lindsay of DeKalb as the Chairmen, alternately, 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. Deal and Preston of Bulloch.
House Resolution No.l80. A resolution of the General Assembly,endorsing Hon.Homer C.Parker for the post of Assistant Secretary of War under President Franklin D. Roosevelt, and for other purposes.
The following message was received from the Senate through Mr. Hammond, the Secretary thereof: Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate, to wit:

1576

JouR.FA.L OF THE HousE,

By Senator Evans of the 29th District. Senate Bill No.22. A bill to amend an Act so as
to create a text book commission for the State of Georgia, and for other purposes. By Senators Redwine of the 26th District, King of the 11th District, Pope of the 15th District, and Beasley of the 2nd District.
Senate Bill No.72. A bill to improve the public schools of the State; to require all Boards of Education and governing authorities of all schools receiving state aid to furnish all books and necessary supplies to pupils on a rental basis; and for other purposes. By Senator Mllhollin of the 46th District.
Senate Bill No. 117. A bill to amend the Code of Georgia of 1933 which relates to the Bureau of Markets or the Department or Agriculture by authorizing the director of the Bureau or Markets to establish and promulgate price differentials between various grades of agricultural products; and for other purposes. By Senators Almon or the 37th District and McWhorter of the 19th District.
Senate Bill No. 184. A bill to reorganize and reconstitute the State Highway Department of Georgia, and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House, to wit: By Mr. Douglas of Talbot.
House Bill No.73. A bill to reduce the bond of the Sheriff of Talbot County, and for other purposes. By Mr. Parker of Union.
House Bill No.82. A bill to appeal an Act abolishing the office of County Treasurer of Union Coun~, and for other purposes.

FRIDAY, MARCH 1, 1935.

1577

By Mr. Sutton Wilkes. House Bill No.l79. A bill to amend the charter of
the City of washington, Georgia, and for other purposes. By Mr. Twitty of Ware.
House Bill No.l82. A bill to repeal an Act entitled 11 Tax Collectors as Sheriffs No.l?.-311 approved March 2nd,l933, and for other purposes. By Mr. Herndon of Hart.
House Bill No.264. A bill to abolish the Tax Receiver and Tax Collector of Hart County; and to create the office of Tax Comnissioner, and for other purposes.
By Mr. Gavin of Clay.
House Bill No.292. A bill to repeal an Act which reduced Territorial limits of the town of Bluffton, in the county of Clay, and for other purposes. By Mr. Whitmire of Dawson.
House Bill No.319. A bill to create a Commissioner of Roads and Revenue of Dawson County, and for other purposes. By Messrs. Hartsfield, Almon and Ramsey of Fulton.
House Bill No.349~ A bill to provide that certain counties in this State having a city with the population of 200,000 or more may enter into a contractual agreement with counties and municipalities, and for other purposes.
By Messrs. Dyer and Arnall of Coweta. House Bill No.423. A bill to abolish the offices
of Tax Receiver and Tax Collector of Coweta County and create the office of Tax Commissioner, and for other purposes. By Mr. Bush of Miller.
House Bill No.453. A bill to establish the City Court of Miller County, and for other purposes.

1578

JouRNAL OF THE HousE,

By Mr. Fowler of Treutlen. House Bill No.455. A bill creating the office of
Tax Commissioner of Treutlen County> and for other purposes. By Mr. Williams of Coffee.
House Bill No.478. A bill abolishing the office of Tax Receiver and Tax Collecto~ of Coffee County, and establishing the office of Tax Commissioner, and for other purposes. By Mr. Bush of Miller.
House Bill No.502. A bill to fix the amount of the bond of the Sheriff of Miller County, and for other purposes. By Mr. Hampton of Fannin.
House Bill No.520. A bill to amend,consolidate and supersede the several acts incorporating the City of Blue Ridge, Fannin County, and for other purposes. By Mr. Hampton of Fannin.
House Bill No.526. A bill to amend an Act to consolidate and supersede the several acts incorporating the town of McCaysville, and for other purposes. By Mr. Ray of Appling.
House Bill No.528. A bill to reduce the official bond of the Sheriff of Appling County, and for other purposes. By Mr. Townsend of Dade.
House Bill No.556. A bill to abolish the offices of Tax Receiver and Tax Collector of Dade County, and create the office of Tax Commissioner, and for other purposes. By l'lr.Kelly of Elbert.
House Bill No.608. A bill to amend the Charter of the City of Elberton, and for other purposes. By Mr. Minchew of Atkinson.
House Bill No.618. A bill to reduce the official

FRIDAY, MARCH 1, 1935.

1579

bond of the Sheriff of Atkinson County, and for other purposes.
The Senate has concurred in House Amendment to Senate Bill No. 65. By Senator Rucker of the 50th District.
A bill amending the Charter of the Mayor and Council of the City of Athens, and changing the term of the recorder.
The Senate has concurred in the House substitute to Senate Bill No.95. By Senator Scott of the 7th District.
A bill amending the Act creating the City Court of Thomasville by fixing the salaries of the Judge and Solicitor General thereof.
Mr. Culpepper of Fayette moved that the House recess until 1:00 o'clock this afternoon, and the motion prevailed.
The Speaker announced the House recessed until 1:00 o'clock this afternoon.
1:00 o'clock,P.M., The Speaker called the House to order. The House was again resolved into the Committee of the Whole House for further consideration of House Bill No.240, with Messrs. Lindsay of DeKalb and Head of Catoosa as the Chairmen alternately thereof. The Committee of the Whole House arose and through its Chairman, reported House Bill No.240 back to the House with the recommendation that same do pass, as amended. Mr. Culpepper of Fayette moved the previous question, and the motion prevailed.

1580

JouRNAL oF THE HousE,

By unanimous consent, the following amendments of the Appropriation Committee to House Bill No. 240 were read and adopted:
C011MITTEE AMENDMENTS TO HOUSE BILL NO. 240
Committee Amendment No.1 to Section 1 Committee moves to amend Section l,House Bill No.
240, by striking the Section in its entirety and inserting in lieu thereof Section 1 to read as follows: AGRICULTURE, DEPARTMENT OF
(a) For the operating cost of the department $200.000.00 for the year 1936; $200 1 000.00 for the year 1937. Committee Amendment No.2 to Section 2
Committee moves to amend Section 2 of House Bill No. 240 by striking the figures $100,000.00 for the year 1936; and $100,000.00 for tl1e year 1937; and inserting in lieu thereof the figures of $65,000.00 for the year 1936; and $65,000.00 for the year 1937. Committee Amendment No.3 to Section 4
Committee moves to amend Section 4,item (a), of House Bill No.240 by striking the _figures,$198,000,.. 00 for each of the years 1936 and 1937 and substituting in lieu thereof the figures,$156,000.00 for each of the years 1936 and 1937. Committee Amendment No.5 to Section 5
Committee moves to amend Section 5,item (b) of House Bill No.240 by striking the words: "97% of the allocations fixed by law," and inserting in lieu thereof the words: "the allocation fixed by law."

FRIDAY, MARCH 1, 1935.

1581

Committee Amendment No. 6 to Section 5 Committee moves to amend Section 5, item (a) of
House Bill No.240 by striking from the provision at the end of said item the words: "into the general fund of the State Treasury" and insert in J:ieu thereof the words: "to the common schools of the State to be imnediately available. 11 Committee Amendment No.7 to Section 9
Committee moves to amend Section 9, item (b) of House Bill No.240 by striking the figures,$167,000.-
oo, for the year 1936; and $102,000.00 for the year
1937; and substituting in lieu thereof the figures of $140,000.00 for the year 1936, and $75,000.00 for the year 1937. Corrrrnittee Amendment No. 8 to Section 13
Committee moves to amend Section 13,item (a) of House Bill No.240 by striking the figures $8,000.00 for each of the years 1936 and 1937 and inserting in lieu thereof the figures $10,000.00 for the years 1936 and 1937, and adding at the end of said item the following: "Provided, that of the above appropriations at least the sum of 82,000.00 shall be expended during each of the years 1936 and 1937 for the purchasing of new publications. 11 Committee Amendment No.9 to Section 14
Cormnittee moves to amend Section 14, item (a) of House Bill No.2A-O by adding at the end of said section a provision as follows: 11 Provided, that of the above amount appropriated at least the sum of $1,750.00 be used for each of the years 1936 and 1937 for the purchase of new books." Committee .Amendment No.lC to Section 18
Committee moves to amend Section 18, item (a) of House Bill No. 240 by striking the figures of $125,-
ooo.oo for each of the years 1936 and 1937, and

1582

JouRNAL or THE HousE,

oino sfeorrtinegachinolfi

eu the

thereof years

the 1936

figures of and 1937.

$150,000.-

Committee Amendment No.ll to Section 20

Committee moves to amend Section 20,item (b) of House Bill No.240 by striking in its entirety the provision at the end of item (b)beginninw w1th the word: "Provided, that overpayments ,etc., and ending w1 th the words: "be trans.ferred to the general fund."

Committee Amendment No.l2 to Section 21

Committee moves to amend Section 21, item (a), of House Bill No. 240 by adding at the end of said item the following:

"Provided,that of the above appropriation the sum of $6,250.00 for each of the years 1936 and 1937 . shall be used for maintaining the Department of Archives and History. Provided, further that the salary of the director be fixed at $2,400.00 per annum."

Committee Amendment No.l3 to Section 22

Committee moves to amend Section 22, item (a),. of House Bill No.240 by striking the figures $27,500.00 for each of the years 1936 and 1937 and inserting in lieu thereof the figures $26,000.00 for each of the years 1936 and 1937.

Committee Amendment No.l4 to Section 22

Committee moves to amend Section 22, of House Bill No.240 by adding at the end of said section a new sub-section (j) to read as follows:

(j) "For the redemption of public debt in addition

ot oooi.ot eomf o( cr )

$73,000.00 for the year 1937."

the

year

1936,

and

$91,-

FRIDAY, MARCH 1, 1935.

1583

committee Amendment No. 15 to Section 23

Committee moves to amend Section 23, item (a) of 1ouse Bill No. 240 by striking from the last pro\l'ision in said section the word, "may," from the line, "fund may be used," and inserting in lieu thereof the word, "shall," so that the line will read: "fund shall be used."

Committee Amendment No. 17 to Section 25

Committee moves to amend Section 25, item (a), of

Hoooou.soeoBfiolrl

No. 240 each of

by striking the figures,$1,300,the years 1936 and 1937, and

substituting in lieu thereof $1,343,000.00 for each

of the years 1936 and 1937.

Committee Amendment No.lS to Section 25

Committee moves to amend Section 25,item (a), of House Bill No. 240 by adding at the end of said section the following:

"Provided, that there is hereby appropriated to the Regents of the University System for aid to the University System and in addition to the amount provided above, all tuition, matriculation fees and proceeds of the sale of personalty, as provided by law, for the use of the branch or division of the University System at which they originate."

Committee Amendment No.l9 to Section 25

Committee moves to amend Section 25, item (a) of House Bill No.240 by adding at the end of said section the following:

"Provided,however, that the entire amount herein appropriated shall be used exclusively for the payment of salaries,transportation and travel expenses, and for the maintenance and upkeep of property."

By unanimous consent, the following amendments of the Comrrdttee of the Whole House were adopted:

1584

JouRNAL oF THE HousE,

Mr. Rivers of Lanier moves to amend Section 2 of House Bill No.240 by striking sub-items (1) and (2) therefrom.
Messrs. Williams of Bacon and Thompson of Muscogee move to amend Section 5 item (a) of House Bill No. 240 by striking the figures $4,000,000.00 for each of the years 1936 and 1937 and substituting in lieu thereof the figures $4,250,000.00 for each of the years 1936 and 1937. Provided that the appropriation herein made shall not be subject to the provisions of Section 26 of this Act.
Mr. Hand of Mitchell moves to amend House Bill No.240, Section 5, by adding a new paragraph to be known as paragraph (c) to read as follows:
(c) Any revenue derived from the sale of alcoholic beverages except beer shall be immediately available for the common schools and shall be in addition to the amount in paragraph (a) of this Section.
Messrs. Lanier of Richmond and Lindsay of DeKalb move to amend House Bill No.240, as amended, Section 15 by striking the following language: "And protection to every citizen in the exercise of his inalienable right to work unmolested and unintimidated."
Mr. Lindsay of DeKalb moves to amend Section 18
by adding a new section as follows: "Provaided from this amount the sum of $25,000.00 for each or the years 1936 and 1937 be used for cost of maintaining health wagons and health service to tuberculosis patients in their homes."
Messrs. Peters of Meriwether and Culpepper of Fayette move to amend Section 20, sub-section (b) of House Bill No.240 by adding at the end of the proviso of said sub-section the following: "for use in paying the back pensions due Confederate soldiers and widows for the years 1933 and 1934", so that the proviso as amended will read as follows:

FRIDAY, MARCH 1, 1935.

1585

"Provided, that overpayments on income tax found

to be due under the law are authorized to be re-

funded out of any tax money in the hands of the In-

come Tax Division, and Section 61 of the Income Tax

of 1931 is hereby suspended. Provided,further, that

all funds held in the State Treasury in the Income

Tax Refund Reserve Fund under the provisions of

Section 11 of the Income Tax Act of 1929 and Section

61 of the Income Tax Act of 1931 are hereby directed

to be transferred to the General Fund for use in

paying the back pensions due Confederate soldiers

and widows for 1933 and 1934."



Messrs. Arnall of Coweta, Spivey of Emanuel, Townsend of Dade, Thompson of Muscogee, Claxton of Johnson, and Terrell of Troup move to amend House Bill No.240 as follows: By adding after the word "mileage" in line (15) (i) of Section 22 the following words and figures, to wit: "At the rate of 10' per mile for one round trip to and from the General Assembly of 1937-1938 for each session and any and all extraordinary sessions of said General Assembly."

Messrs. Peters of Meriwether and Culpepper of Fayette move to amend House Bill No. 240,Section 23 by adding thereto an item as follows:

"(b)For pensions of Confederate soldiers and wid-

ows due and unpaid for the years 1933 and 1934

$425,160.00 for the calendar year 1936

bPeroivmidmeded1 tiahtaetlyt

he av

approp ailable

riation under th and payable out

i

s o

f

item s funds

ha

l

l

arising frore the Income Tax Refund Reserve Fund ac-

cumulated to December 31,1934, under the provisions

or Section 20, Item (b) or this Act, and from unused

and lapsed appropriation for 1934 for Interest on

Temporary Loans".

11r. Sutton of Wilkes moves to add to said Section 23 as amended by Messrs. Peters of Meriwether and Culpepper of Fayette,following the words "1933 and 1934", "and all prior years including 1930,193l,and 1932, paying the oldest item first".

1586

JouRNAL OF THE HousE,

Mr. Lindsay of DeKalb moves to amend House Bill No.240, Section 24, by striking the figures $1,648,000.00 - 1936-1937 _and inserting the figures $1,800,000.00 for 1936 and $1,750,000.00 ror 1937.

Mr. Rivers of Lanier moves to amend Section 26 by adding immediately after the word "iovernment" in line C6J of said Section the words and the common schools

Mr. Rivers of Lanier moves to amend Section 27 by adding at the end of said Section the follQwing: 11 Provided nothing herein shall apply to the allocation made by law to the common schools and to the Board of Regents for the University System of Georgia".

Mr. Lanier of Richmond moves to amend House Bill No.240, as amended, to add a new section to be numbered Section 28A to read as follows:

All funds derived from the sale of Beer in Georgia for the years 1935 and also for the year 1936 is hereby allocated to the Department of Education of Georgia tor the purpose of the purchase of tree school books tor the children or the elementary grades of the public schools of Georgia and such purpose is hereby declared to be in and for the support of common schools.

Mr. Lanier of Richmond moved that the House do now adjourn, and the motion was lost.

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 roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Allen

Anderson

Atwood

Almand of Fulton Ansley of DeKalb Bannister

FRIDAY, MARCH 1, 1935.

1587

Bargeron

Head

Preston of Bul-

Barnard

Hefner

loch

Bennett

Hogan

Sabados

Bond

Hogg

Sannnon

Black

Holland

Sartain

Blease

Houston

Saunders

Bradley

Jackson of Bleck- Scruggs

Brinson

ley

Settle

Brooks

Jackson of Haber- Shirah

Brown of Glynn

sham

Smith of Madi-

Burgin

Joel

son

Bush

Johnson

Smith of Web-

Campbell Caswell

Jones of Brantley

ster Standard

Claxton of John- Jones of Lumpkin Stephens

son

Lee

Swindle

Clements of Wheel- Lewallen

Teasley

er Cobb

Lindsay McCracken

Terrell of Hall Terrell of

Coleman

McCranie

Troup

Coxon

McGraw

Terrell of War-

Culpepper of Fayette

McKelvey McNall

ren Thompson

Daughtry

Mallory

Thrasher

Deal

Manning

Townsend

Dean

Milam

Twitty

DeLoach

Moore of Clayton Warnell

Dobbins

Moore of Haral-

Edwards of Lowndes son

Watkins Watson

Freeman of Bibb Morris

Welsch

Freeman of Early Moye

Gardner

Mundy

West Williams of

Garrett

Musgrove

Bacon

Gilbert Grayson

Parr Patten of Cook

Williams of Coffee

Green

Patten of Tift

Griffin of Floyd Peebles

Williams of Jackson

Hartsfield

\ I

Herndon

'

Perry Peters

Wilson Wrench Zellner

Voting in the negative was Mr.

Lanier <QID See Appendix,Volu:me I,for those not voting.

1588

JouRNAL oF THE HousE,

By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, as amended, the ayes were 109, nays 1.
The bill having received the requisite constitutional majority was passed, as amended.
By unanimous consent, the bill was ordered immediately transmitted to the Senate.
Mr. Jackson of Bleckley moved that the House do now adjourn until Monday morning at 10:00 o'clock, and th~ motion prevailed.
Leaves of absence were granted to Messrs. Mccranie of Dodge, Dyer of Coweta, Batchelor of Putnam, Edwards of Stephens, Etheridge of Houston, Griffin and Mills of Decatur, Newby of Dooly Minchew of . Atkinson, Ray of Appling, Kelley of Elbert, Tipton of Thomas, Culpepper of Echols, Sutton of Wilkes, Groover of Troup, Shedd of Wayne, Henderson of Irwin, and Rawlins of Ben Hill.
The Speaker announced the House adjourned until Monday morning, March 4th, at 10:00 o'clock.

I I
I

APPENDIX

1

VOLUME I

The following is a list of those failing to vote on Bills or to answer Roll Calls.

Q) Adams,Anderson,Davis of Mitchell,Freeman of Bibb, Howard of Chattahoochee,McCranie,Milam,Mills,Newby, Parham,Parr,Saunders and Williams of Coffee.

Bennett,Brown of Pike ,Camp ,Davis of Mitchell,
Douglass,Howard of Chattahooche~,Joel,Morris,Odin, Parker of Union,Parks,Parr,Saunders,Settle,Whaley and Whitmire.

~Anderson,Arnall,Campbell,Davis of Mitchell,Edwards of Lowndes,Hammock,Hogg,Howard of Chattahoochee,Joel,Jones or Lumpkin,Leonard of Walker,Moye, Newby,Saunders and Shedd.

~Barnard,Black,Bloodworth,Burg1n,Culpepper ot Echols,Darnell,Davis of Mitchell,Edwards of Lowndes, Hand,Howard ot Chattahoochee,Joel,McCranie,Mann, Parr ,saunders and Standard.

Allen,Ansley of DeKalb ,Arnall ,Davis or Mitchell,
Dobbins,Howard of Chattahoochee,Johnson,Peters, Saunders,Watkins,Whaley and Whitmire.

Arnall,Davis ot Mitchell,Dobbins,Howard of Chat-
tahoochee,Mann,Marshall,Peters,Saunders and Williams of Coffee.

(j) Davis of Mitchell,Howard of Chattahoochee and Saunders.

Davis of Mitchell,Howard of Chattahoochee and Saunders.

@Davis of Mitchell,Howard or Chattahoochee and Saunders.

<liD Almand of Walton,Claxton of Camden,Davis of Mitchell,Davis of Troup,Dorris,Dyer,Ennis,Freeman or Bibb,Gritfin of Decatur,Groves,HendersoniHogan,Houston Howard of Chattahoochee,Jackson of B eckley, Keliey,Leonard ot Muscogee,Lewis,Musgrove,Parker of

II

APPENDIX

Colquitt,Parks,Peebles,Perry,Peters,Saunders,Spivey, Stephens and Woods.
<IDDavis or Mitchell,Howard or Chattahoochee and Saunders.
<liD Davis or Mitchell,Howard or Chattahoochee and Saunders.
<13) Davis or Mitchell and Saunders. @Davis or Mitchell and Saunders. <liD Davis or Mitchell and Saunders. <IID Arnall,Burgin ,Daughtry ,Davis or Mitchell!Dyer I Ennis,Grirrin or Floyd,Hand,Hooks,Mann,Marsha l,Martin,Moore or Clayton,Peebles and Saunders. a.'7) Davis or Mitchell. QID Brown or Glynn,Burgin,Daughtry,Davis or M1tchell,Dorris,Ennis,Gnann,Grayson,Howard or Screven, Jones or Brantley,Martin,Mitchell or Taliaferro, Moore or Clayton,Morris,Musgrove,Oden,Preston or Walton,Ross,Salter,Saunders,Spivey and Warnell. <liD Bannister ,Brown or Glynn,Burgin,Claxton or CamEdethne,Driaduggeh,Ftroyw,Dlearv,iGs aorrretMt,Gitacvhienl,lG,Dnoanrrni,su1oDoolsubgyla,Gssr,aEynsnoins,, Guess,Head,Howard or Chattahoochee,Howard or Screven, Jones or Brantley,Leonard or Muscogee,Leonard or Walker,MartinJ1itchell or Tallaterro,Moore or Cl~ tonJ1usgrove,Oden,Preston or WaltoniRoss,Salter, Saunders,Shedd,Spivey,Swindle,Warne l,Weathers,Whitmire and Willingham. )Davis or Mitchell and Saunders. Davis or Mitche 11 and Saunders. ~Adams,Brown or Glynn,Burgin,Claxton or Johnson, Coleman,Davis or Mitchell,DeLoach,Ennis,Guess,Hand, Hartsrield,Herner,Jackson or Habersham,Parker or

APPENDIX

III

Colquitt,Salter,Saunders{Swann,Warnell,Watkins,West, Williams or Jackson,Will ams or Jones and Woods.
~Burgin,Bush,Claxton of Johnson Coleman,Coxon, Daughtry,Davis of Mitchell,DeLoach,Ennis,Hartsfield, o f Hooks~cCranie,McCutchen,Martin,Minchew,Mitchell Lamar,Morris,Ray,Reagan,Ross,Salter,Saunders,Teasley, Tipton,Warnell,Watkins,West,Williams of Jackson, Williams of Jones and Woods.
~Davis of Mitchell and Saunders. ~Allen,Brown of Glynn,Claxton of Johnson,Clements of Calhoun,Coxon,Darnell,Daughtry Davis or Mitchell,Davis of Troup,DeLoach,Ennis,Gavin,Griffin of Decatur,Holland,Leonard of Muscogee,McCu~chen, Mitchell or Taliaferro,Reagan,Salter,Saunders,swann, Warnell and West. ~Davis or Mitchell,Reagan and Saunders. ~Brm~ or Greene,Burgin,Davis ot Mitchell, DeLoachpavtn~over,Hooks,Houston,Jones of Lumpkin, Mallory Mann,Mitchell of Lamar,Moore of Haralson, Reagan,Salter,Saunders,Swann{Toms,Warnell,Welsch, Whaley,W1111ams of Jackson,W llingbam and Woods. ~Davis of Mitchell,Reagan. ~Brown of Glynn,Brown or Greene,Burgin,Davis of Mitchell,DeLoach,Freeman of Bibb,Freeman of Early, Griffin of Floyd,Groover,Jones of Lumpk1n,Lindsay, Moore or Haralson,Preston of Walton,Reagan,Ross, Salter,Sutton,Welsch and Woods. ~Arnall,Bowden,Brown of Glynn,Brown of Greene, Burg1n,Bush,Cohen,Davis of Mitchell,DeLoach,Griffin of Floyd,Groover,Groves,Howard of Chattahoochee, Jones of Lumpk1n,Moore of Haralson,Musgrove,Parham, Preston of Walton,Reagan,Salter,Terrell of Warren, Welsch and Woods. ~Anderson,Ansley of DeKalb,Arnall,Brown of G~ Brown of Greene,Burgin,Bush,Culpepper of Fayette,

IV

APPENDIX

Davis ot Mi tchell,Dean,DeLoach,Dobbins ,Durden,Fowler, Freeman ot Early,Green,Gritfin ot Floyd,Groover, Jones ot Lumpkin,Mann,Moore of Haralson,Parham,Preston ot Walton,Reagan,Salter,Saunders,Teasley,Twitty, Watson,Welsch, Willingham and \tloods.
~Bowden,Brown ot G~,Brown of Greene,Burgin, Davis of Mitchell,DeLoach,Etheridge,Fowler,Freeman ot Bibb,Green,Griffin of Floyd,Groover,Hooks,Jones of Lumpkin,McKelvey,McNall,Mallory,Mann,Minchew, Mitchell of Tal1aterro,Moore of Haralson,Musgrove, Oden,Preston of Walton,Ray,Reagan,Salter,Swann, Watson,Welsch,Willingham and Woods.
@ Davis ot Mitchell ,Reagan and Saunders.
Allen,Bargeron,Brown of Glynn,Burgin,Davis of
Mitchell,Dean,DeLoach,Gardner,Garrett,Gilbert,Griffin of Floyd,Groover,Hogg,Hooks,Johnston,Martin, Mitchell of Taliaterro,Musgrove,Oden,Peek,Ray,Reagan,Salter,Sartain,Saunders,Scruggs,Shedd,Smith of Madison,Spivey,Swann,Thompson,Tipton and Weeks.
GID Davis of Mitchell and Reagan. @Almand of Walton, Bennett,Bowden,Brown of Glynn, Brown of Greene,Clements of Wheeler,Culpepper of Echols,Daugbtry,Davis of Mitchell,Dorris,Ennis,Etheridge,Fowler,Freeman of Bibb,Gavin,Goolsby,Hefner, Houston,Howard of Screven,Johnston,Jones of Lumpkin, Lee,Leonard of Muscogee,McBride,Mann,Mills,Parker of CSwolaqnuni,tStw1Plenedblele,Ts,eRrraewlllionfs,RHeaallg,Wana,Srnaeulnl,dWerast,sSotna,nWdaersdt , and Young. W Davis of Mitchell. C3IDDav1s of Mitchell. ~Brisendine,CUlpepper of Echols,Culpepper of Fayette,Darnell,Davis of Mitchell,Freeman of Bibb, Groover,Johnston,Parr,Reagan,Ross,Swann,Whaley and Willingham.

APPENDIX

v

~Davis of Mitchell,Howard of Chattahoochee and Swann. Selc@ lr,eDvyAeennr,jdFeoerhsltononsn,tB,oHennoJtw1oaanrr,BdtionooJrt1hi~1lhBlasr,tiPtsearenhsodtoioncnhee,Deor1aHvoBiwsuaolrlfdoMcohif,tchReagan,Swann,Terrell of Hall,Thrasher,Weathers,West, Whaley,Whitmire and Willingham.
~Allen,Anderson,Bennett,Booth,Bowden,Brisendine,
Brown of Glynn,Brown of Greene,Bush,Daughtry,Davis of Mitchell,DeLoach,Dobbins,Dyer,Edwards of Lowndes, Felton,Grayson,Groves,Hefner,Hogan,Johnston,Martin, Mills,Morris,Parker of Colquitt,Reagan,Ross,Saunders, Swann,Thrasher,warnell,Weathers,West,Whaley,Whitmire, Woods and Zellner.
~Allen,Anderson,Booth,Bowden,Brisendine,Bro~~ ot Glynn,Brown of Greene,Bush,Coxon,Davis of Mitchell, DeLoach,Dyer,Edwards of Lowndes,Felton,Grayson, Groves,Hefner,Hogan,Hooks,Howard of Chattahooche~, Johnston,Martin,Mills,Mitchell of Lamar,Morris,Park~r of Colquitt,Parker of Union,Reagan,Saunders, Swann,Sw1ndle,Teasley,Twitty,Warnell,Weathers,West, Whaley and Whitmire.
@Davis ot Mitchell and Swann. ([5) Davis ot Mitchell and Swann.
~Anderson,Bannister,Batchelor,Benton,Booth,Bow-
den,Bland,Brooks,Brown of Greene,Bush,Culpepper ot Fayette,Darnell,Daughtry,Davis of Mitchell,Ennis, Garrett,Gav1n,Hampton,Head,Hefner,Hogan,Horton,Johnston,McCracken,MannJ1artin,M1tchell of Taliaferro, Neal,Parker of Colquitt,Peebles,Pound,Saunders,Swann, Teasley~Weeks and Willingham.
@D Davis of Mitchell and Swann. ~Davis of Mitchell and Swann. <4ID Allen,Almand of Walton,Arnall,Bond,Black,Brooks, Brown of Greene,Camp,Caswell,Davis of Mitchell,Davis

VI

APPENDIX

or Troup,Dean,DeLoach,Douglass,Dyer,Edwards or Ste-
phens,Etheridge,Goolsby,Green,Groover,Herndon,Herne~
Hogg,Hooks,Horton,Johnston,Mann,Minchew,Perry,Preston or Bulloch,Reagan,Ross,Smith or Webster,Swann, Terrell or Warren,Thrasher,Toms,Twitty,Watkins and Woods.
~Davis or Mitchell and Swann. ~Allen,Almand or Walton,Anderson,Arnall,Barnard, Bowden,Brown or Glynn,Brown or Greene Claxton or Camden,Davis or Mitchell,DeLoach,Durden,Edwards or Stephens,Flynt,Fowler,Freeman or Bibb,Green,Grirrin or FloydjGuess,Hogg,Horton,Houston,Howard or Chattahoochee, ohnston,Jones or Lumpkin,McBride,MarshallJ1artin,Mitchell or Taliaterro,Moore or Clayton,Neal, Preston or Walton,Reagan,Saunders,Smith or Webster, Swann,Watkins and Weeks. <52) Davis or Mitchell and Swann. ~Bennett Benton,Bowden,Brown or Glynn,Brown or Greene,Camp,Cohen,Daughtry,Davis or Mitchell,Durden, Dyer,Ennis,Felton,Fowler,Goolsby,Grirrin or Floyd, Groover,Guess,Hampton,Herner,Hooks,Howard or Chattahoochee,Johnson,Jones or Brantley,Jones or Lumpkin, Marshall ,Minchew, Mitchell or Taliaferro ,Moore or Clayton ,Morris ,Musgrove ,Parker or Colquitt ,Swann,Warnell,Weeks,Welsch,Williams or Jackson and Willingham. ~Davis or Mitchell and Swann. ~Davis ot Mitchell and Swann. ~Bennett,Brown or Glynn,Burgin,Caswell,Davis or Mitchell,Dyer,Groover,Horton,Howard or Chattahoochee, Morris,Neal,Salter,Spivey,Swann,Terrell or Hall, Twitty,Watson and Woods. WDavis or Mitchell and Swann. ~Almand or Walton,Bowden,Bland,Brown or Greene, Bush,Darnell,Davis or Mitchell,DeLoach,Ennis,Fowler, Hampton,Hooks,Horton,Howard or Chattahoochee,Johnson, Oden,Patten or Cook,Perry,Standard,Swann,Terrell or

APPENDIX

VII

Hall,Toms,Warnell,Watson,West,Whaley,W1111ngham and Woods.

GIDAlmand ot Walton,Bland,Brown ot Greene,Bush, Camp,Darnell,Davis ot M1tchell,Enn1s,Fowler,Hampton, Hooks,Horton,Howard of Chattahoochee,Johnson,Patten of Cook,Per~y,Ross,Standard,Swann,Thrasher,Toms, West,Whaley,W1111ngham and Woods.

~Adams,Almand of Walton,Bowden,Bland,Brown ot Greene,Bush,Camp,Darnell,Dav1s ot Mitchell,Dean,Douglass,Ennis,Fowler,Goolsby,Green,Hampton,Hefner,Hooks, Horton,Houston,Howard of Chattahoochee,Howard ot Screven,Johnson)1ann)11tchell of Taliaferro,Parham, Patten of Cook,Perry,Preston of Walton,Rawlins,Ross, Standard,Swann,Thrasher,Tams,West,Whaley,Willingham and Woods.

~Davis of Mitchell and Swann.

<6IDAdamsJ3arnard,Barrett,Bowden,Bland,Bloodworth, Brown of Glynn,Camp,Claxton ot Johnson,Darnell,Davis of Mitchell,Freeman of Bibb,Garrett,Gnann,Groover, Hooks ,Horton ,Houston ,Johns on ,Jones of Lumpkin, Lindsay, McCracken,Marshall)1oore of Clayton,Moore of Haralson,Mundy,Oden,Patten of Tift,Perry,Pound,Ross,Smith of Webster,Swann,Teasley,Terrell of Troup,Thrasher, Warnell,Watson,Whaley,W1111ngham and Woods.

~Adams,Barrett,Bland,Darnell,Davis of Mitchell, DeLoach,Freeman of Bibb,Garrett,Groover,Hooks,Horton, Houston,Jackson of Habersham,Johnson,Jones of Lumpk1n,L1ndsay,McCracken,Marshall,Moore of Clayton,Moore of Haralson,Mundy,Perry,Pound,Preston of Walton,Salter,Smith of Webster,Swann,Terrell of Troup,Warnell, Whaley,W1111ngham and Woods.

~Adams,Almand of Walton,Bargeron,Barnard,Barrett,

Ben ton

nett of

~1 Bamednetno,nC,Boxoownd,eCnu,lBpleapnpde,rBroafdlFeya,yBeutrtge1,Dn,aCranmepll,C, lax-

Daughtry,Davis of M1tchell,Dobb1ns,Felton,Flynt,

Fowler,Freeman of Early,Griffin of Decatur,Head,Hooks,

Horton,Houston,Johnson,Jones of Lumpkin,McCracken,

Marshall,Mills,Mitchell of Lamar,Mitchell of Talia-

VIII

APPENDIX

ferro,Mundy,Perry,Pound,Ramsey,Ross,Salter,saunders, Smith or Webster,Swann,Swindle,Teasley,Terrell of Troup,Weathers,Whaley,Whitmire,Willingham,Woods and Zellner.
~Davis of Mitchell and Swann. ~Ansley of Lee,Bargeron Bowden,Brown of Glynn, Burgin;Campbell,Claxton of Camden,Darnell,Davis of Mitchell,DeLoach,Dorris,Durden,Edwards of Lowndes, Etheridge,Gammage,Garrett,Griffin of Decatur,Groover, JGouhenssst,Hono,oJkosn,Hesorotofn1LHUomwpakrdin,oLfeoCnahradttaohfoMocuhsecoeg,Jeoeh,Mnsaonnn,, Marshall,Martin,Parham,Parker of Colquitt,Peebles, Perry,Ramsey,Reagan,Ross,Salter,Saunders,Swann,Terrell of Warren,Twitty,Warnell,Watson,Weathers,Williams of Jackson and Woods. ~Davis of Mitchell and Swann. ~Davis of Mitchell and Swann. ~Adams,Almand of Walton,Ansley of Lee,Arnall, wBaorrrthet,tB,Briastecnhdeilnoer,,BBreonwtonn,oBr oGotrhee,Bneo,wBrdoewnn,BolafnPd l1kBel,oCoadm- p, Claxton of Camden,Claments of Calhoun,Cohen,Culpepper of Echols~Darnell,Davis of Mitchell,Davis of Troup,Dorris,uouglass,Durden,Dyer,Edwards of Stephens,Ennis,Etheridge,Felton,Flynt,Fowler,Gammage, HGGeraonvvd1eensr,s,GGonnua,eHnsnos,,oHGkaosm,oHlmsobroytco,kGn,,HrH1aofmfwinpatrodonf ,oHDf aeCnchdaa,tHtutara1rhGrlosro,ocHohavereer,ri,sHoonw,ard~ of Screven,Johnston,Kelley,Leonard ot Muscogee,Leonard or Walker,Lewis,McBrlde,McCutchen,Mann,Marshall, Martin,Mills,Minchew,Mitchell ot Lamar,Mitchell ot Taliaterro,Neal,Newby,Oden,Parham,Parker ot Colquitt Parker ot Union,Parks,Peek,Pound,Preston ot Walton, RSuatmtosne,ys,wRaanwnl,1Tnips,tRona,yT,Romeasg,Wane,Ratohsesr,sS,Walteeerk,Ssh,Wedhda!Sepy1,vWehy1~1 m1re,W1lliams of Jones,Willingham,Woods and Young.