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\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 $ i98,000.00 170 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..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 misdemeheriff 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.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 .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:' 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 ...... 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 :ezc:: > :-<<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 hp1vey 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. 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 Brooltore 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 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 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